NET A PARCEL TERMS AND CONDITIONS
1.1 These Terms and Conditions (“Terms“) govern your access to and use of the website/s, http://members.netaparcel.co.za or http://www.netaparcel.co.za (the “website“).
1.2 The website is made available to you by Net A Parcel Proprietary Limited, a limited liability private company incorporated in the Republic of South Africa with registration number 2015/364634/07 and having its offices at 377 Rivonia Boulevard, Rivonia, Johannesburg, 2128 (“Net A Parcel“, “we“, “us” and “our“).
1.3 Please read these terms carefully before accessing the website or using our services as described below.
1.4 The Terms are binding and enforceable against every person that accesses or uses the website and/or the services or that registers as a subscriber on the website (“you“; “your” or “subscriber“). When using the website or our services, you agree that these Terms shall apply to you and thus constitutes your agreement to be bound by these Terms.
1.5 If you do not agree to these Terms, you may not access the website or use our services.
1.6 These Terms, or any part thereof, may be amended by Net A Parcel from time to time at its sole discretion and without notice to you. Any amendments to these Terms will be effective upon Net A Parcel posting such updated Terms on the website. Your continued access to or use of the website and/or use of our services after such posting shall constitute your consent to be bound to the amended Terms.
1.7 If there is any provision in these Terms that you do not understand, it is your responsibility to ask Net A Parcel to explain it to you before you accept the Terms or continue using the website and/or our services.
2 HOW OUR SERVICES WORK
2.1 Net A Parcel is a logistical freight forwarding company with a warehouse in the United States (“US“). Net A Parcel allows you to register as a subscriber and be allocated a mailbox in the US which you can use to send any items to that you have bought online from any store in the world. You can also get your friends and family members to send parcels to your US mailbox.
2.2 On registration as a subscriber, you will be required to pay an annual subscription fee. As soon as Net A Parcel is in receipt of your annual subscription fee, we will assign a mailbox in the US to you.
2.3 As soon as Net A Parcel is informed, via its online system, that there are item/s (parcels) in your US mailbox, we will alert you via email (using the email address that you have provided to us during the registration process).
2.4 After we have notified you of your parcel in your US mailbox, we will send you an invoice setting out the amount for shipping, courier fees, and other charges which may be applicable (see charges section).
2.5 Subject to receipt of payment from you, we will process your parcel and arrange for shipment thereof from the US to Johannesburg, South Africa. The parcel will then be transported from Johannesburg, via a courier company instructed by us, for delivery to the delivery address provided by you.
2.6 We will not be providing our services to you (and no shipments will be made either from the US to South Africa or from our operational office in South Africa to your delivery address) should your annual registration fees not be paid to us when due.
The Service offering on this website is available to South African clients only.
4 TRACK YOUR PARCEL
4.1 You can track your parcel via the website by logging in to your Account (see paragraph 7 below).
4.2 A tracking report will be available to you in your personal profile area once you have logged into your Account indicating the status of the parcel (e.g. parcel received at warehouse in the US, on route to South Africa, arrived in South Africa, awaiting delivery to you).
5 INSPECTION OF PARCELS
5.1 The parcels will be shipped from the US to South Africa “as is”.
5.2 You acknowledge that we will open every single parcel and envelope that we collect from your US mailbox to inspect them for safety and to ensure that it does not contain any of the prohibited and restricted commodities prior to it being shipped to South Africa After inspection we will log it and classify it correctly for customs and TSA regulations. Nothing will be removed for the parcels nor will it be tampered with (this is USA Federal requirement).
5.3 Your parcels may, in certain instances, be inspected by South African customs.
5.4 No invoices will be removed from parcels as these need to be present for customs purposes.
6 ACTIVITIES TO BE PERFORMED BY NET A PARCEL
6.1 Net A Parcel may perform any of the following activities on your behalf, to the extent permitted by law, in order to provide our services to you:
6.1.1 collect parcels on your behalf from your US mailbox in order for it to be shipped (e.g. should you have 2 (two) parcels in your US mailbox, we will check and inspect the 2 (two) parcels to ensure that it does not contain any prohibited and restricted commodities. Your 2 (two) parcels will then be shipped in 1 (one) order without it being consolidated or tampered with);
6.1.2 transport parcels from our warehouse in the US to ship it to South Africa via flight;
6.1.3 truck your parcels to our warehouse in South Africa for delivery to you via a courier company of our choice;
6.1.4 complete any documentation on your behalf as may be required under applicable laws and regulations. This will be done through our customs agents in the US and South Africa;
6.1.5 act as your forwarding agent for customs and export control purposes; and
6.1.6 act as a receiver for the purpose of designating a third party customs broker of our choice, to perform customs clearance and entry of parcels to South Africa.
7 HOW TO REGISTER AS A SUBSCRIBER
7.1 In order to use Net A Parcel’s services and be allocated a US mailbox, you must register, via the website, as a subscriber and maintain an active subscription account (“Account“). The subscription / membership area will be accessible at members.netaparcel.co.za.
7.2 Should the membership area on the website not be active at the time that you use the website, Net A Parcel will handle your transactions manually and correspond with you via email.
7.3 You must be at least 18 (eighteen) years of age to obtain an Account. By registering as a subscriber you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the services only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and to be liable and responsible for you and all your obligations under these Terms.
7.4 You will be required to pay an annual registration fee (as stated on the website and which fee may be subject to change by Net A Parcel from time to time) in order to activate your Account and make use of our services. The annual registration fee is a non-refundable fee.
7.5 Once your Account has been activated, we will assign a US mailbox to you.
7.6 You may not use your US mailbox for any purpose other than is provided for under these Terms.
7.7 We will communicate with you via your Account (or in the event that the Account functionality is not in operation, via email).
7.8 On registration, you will be required to provide a unique username and password which you will use to access the website and to use the services.
7.9 You agree and warrant that your username and password shall (i) be used for personal use only; and (ii) not be disclosed by you to any third party.
7.10 For security purposes you agree to enter the correct username and password whenever using the services, failing which you will be denied access.
7.11 Net A Parcel will accept and process your request for services once the correct username and password have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent and you will be liable for payment of any services provided to you in this regard.
7.12 You shall notify Net A Parcel immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and take steps to mitigate any resultant loss or harm.
8 CANCELLATION OF YOUR SUBSCRIPTION
8.1 You can cancel your Account with us at any time. Should you cancel your Account, you will not be entitled to a refund of your annual registration fee.
8.2 Should you cancel your Account, your parcels will be shipped to you when you have paid for them. If you choose not to pay for your parcels, they will be kept by us and after a reasonable time destroyed / given away. Once your membership is cancelled and you do not pay for your goods to be shipped, after a period of 60 (sixty) days of receiving weekly reminders from us, we will destroy the goods without notice to you and without any liability to you.
9 USE OF WEBSITE
9.1 You will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or the information contained herein, without the prior written consent from an authorised Net A Parcel representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
9.2 You may not in any way display, publish, copy, print, post or otherwise use the website and/or the information contained therein without the express prior written consent of an authorised Net A Parcel representative.
9.3 You will not gain unauthorised access to other accounts, computer systems or networks connected to Net A Parcel through password mining or any other means; or harass or interfere with another user’s use and enjoyment of Net A Parcel. Failure to comply with the above may result in cancellation of your Account without notice to you and without any liability to Net A Parcel whatsoever.
10 CHARGES AND DELIVERY TIME LINES
10.1 Your invoice for the services will reflect:
10.1.1 the amount for shipping and handling of the parcel from the US to South Africa (including courier charges) based on a per kilogram basis (as per our fees table on the website);
10.1.2 an administration fee; and
10.1.3 customs / import duties, clearing fees and VAT (as estimated in advance at the highest tax / duty category)
10.2 We will handle custom / import duties that may be payable by you on your parcel on your behalf. Each and every product has a certain category and different amount of custom / import duties that may be levied. These fees will be charged by us in advance and will be based on the highest tax / duty chargeable in the applicable category (please visit the estimate page on the website for an idea of the custom / import duty fees that may be charged). As stated under paragraph 10.1.2, our services in this regard may include an administration fee.
10.3 If you do not pay the Charges and leave your parcel unclaimed and unshipped for longer than 30 (thirty) days in the US, we will, within a further period of 30 (thirty) days dispose of the goods without notice to you and without any liability to you.
10.4 You acknowledge that per kilogram shipping charges under paragraph 10.1.1 above may be subject to change from time to time. Such changes will be posted on the website.
10.5 All payments are to be made in advance within 7 (seven) days of the date of our email to you prior to your parcel being shipped from the US to South Africa. Upon receipt of payment of the Charges, Net A Parcel will arrange for shipment of your parcel from the US to South Africa. You acknowledge that parcels will not be shipped to South Africa until such time that all Charges have been paid in full by you and all applicable documentation has been approved by Net A Parcel.
10.6 You will be responsible for all claims, damages, fines and expenses incurred if the parcel is deemed unacceptable or is regarded as being a prohibited and restricted commodity.
10.7 You must ensure that (i) a fully detailed delivery address; and (ii) the name and surname of the Account holder is provided and placed on the parcel prior to it reaching your US mailbox. The warehouse manager in the US may charge an additional fee should your parcel not be labelled correctly.
10.8 Net A Parcel will endeavour to arrange for shipment of parcels from the US to South Africa on a bi-monthly basis via a shipping service of Net A Parcel’s choice. If you miss the shipping period due to payment timing, then you will be scheduled for the next available shipment. You acknowledge that you will be subject to the terms and conditions of the selected shipping service in addition to these Terms.
10.9 All shipment crossing international borders must be cleared through customs in the destination country prior to it being delivered to you. Net A Parcel uses a third party to provide custom brokerage and clearance services in this regard. Net A Parcel’s agent will collect parcels from the airport in South Africa and deliver same to our operational office in Johannesburg, South Africa for onward distribution via a carrier of our choice for delivery to the delivery address provided to us by you.
10.10 Should any shipment or part thereof be held by customs because of incorrect or missing documentation or any other reason, we will notify you of such delay by email or phone. Any charges applicable to such delays will be for your account.
10.11 Storage fees may be payable by you, should you leave your parcel unpaid and unshipped in the US for a period longer than 30 (thirty) days in which event you will be charged a daily fixed rate , as communicated to you, for a period of 30 (thirty) days until the parcel/s are disposed of by us.
10.12 Net A Parcel will use reasonable endeavours to deliver the parcel to your chosen delivery address within 7 (seven) working days after being cleared by Net A Parcel’s clearing agent in South Africa.
11 DELIVERY ADDRESS
11.1 Your parcels can only be delivered to a physical address and not to a postal address.
11.2 You may change your delivery address online via the website.
11.3 It is your responsibility to ensure that you have provided the correct and/or updated delivery address. If you fail to update your delivery address or provide the incorrect delivery address and the parcel is delivered to the address provided by you and signed for by another person, we will not be liable to you in any manner whatsoever.
11.4 Net A Parcel will not accept or ship parcels in the US which were delivered on a cash on delivery basis.
The parcels that we collect from our warehouse in the US will all be bundled in big tamper proof bags which are sealed with an electronic tamper proof metal locks and a South African security tag to ensure that the parcels cannot be opened without a breaking the seal.
13 UNACCEPTABLE SHIPMENTS
13.1 Shipment of any items on the prohibited and restricted commodities list attached to these Terms (“unacceptable shipments“) is prohibited and will not be shipped by Net A Parcel from the US to South Africa. These items include (but is not limited to):
13.1.1 coins, currency;
13.1.2 supplements, vitamins;
13.1.4 medication, drugs, alcohol, beverages, spirits, cigars, tobacco, cigarettes; and
13.2 Parcels that is regarded as an unacceptable shipment will be refused by Net A Parcel and returned to sender at your cost and expense. Net A Parcel will not accept delivery to anyone on your behalf unless the delivery is addressed to your US mailbox.
13.3 If your parcel does not meet TSA or international shipping regulations anywhere in the world, it will not be shipped to South Africa. Such parcels will, subject to notification to you, be destroyed or returned to sender at your cost.
14 PAYMENT OPTIONS
14.1 Payment of fees and charges may be made via Visa, MasterCard or by bank transfer into Net A Parcel’s bank account, the details of which will be provided on request.
14.2 Any credit card transactions will be acquired for Net A Parcel via PayGate (Pty) Ltd (“PayGate“) who are the approved payment gateway for all South African acquiring banks. PayGate uses the strictest from of encryption, namely Secure Socket Layer 3 (SSL3). No credit card details are stored on the website. You may visit PayGate’s website www.paygate.co.za to view their security certificate and security policy.
14.3 Your details will be stored by Net A Parcel separately from your card details which are entered by you on PayGate’s secure site.
14.4 PayGate is not owned or operated by Net A Parcel and are not under Net A Parcel’s control. You acknowledge that Net A Parcel is not responsible in law, or otherwise, for any transactions made through such payment gateway whatsoever. It is your responsibility to make sure that you read the terms and conditions of such service providers prior to making any payments.
14.5 All payments will be made in South African Rand (ZAR).
14.6 By using a credit card or debit card as a payment instrument, you confirm that you are the lawful owner of the credit card or debit card being used for the transaction, or that you have the explicit permission of the lawful cardholder to use the credit card or debit card for the purpose of making a payment.
14.7 You acknowledge that Net A Parcel reserves the right to cancel your Account if payment has not been made by you by the dates specified or required by Net A Parcel. Any unpaid fees or accounts of any nature will result in Net A Parcel cancellation of your Account and non-delivery of parcels.
15 DELAY IN DELIVERY
Whilst Net A Parcel will make every reasonable effort to deliver parcels according to the delivery schedule and timelines communicated with you, you acknowledge that these schedules and timelines are not binding to Net A Parcel. Net A Parcel makes no representations or warranties, whether express or implied, as to the services or the timelines within which parcels will be delivered to you and Net A Parcel shall not be liable to you in any manner whatsoever for any damages or loss of whatsoever nature caused by any delay in the delivery of the parcel to you.
16 INTERNATIONAL CONVENTIONS
Use of Net A Parcel’s Services are subject to all applicable local, state, national and international laws and regulations, including but not limited to all U.S. postal regulations and all regulations set forth by foreign jurisdictions through which you are shipping. If the shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention, or the Warsaw Convention as applicable, governs. For international road transportation, the Convention for the International Carriage of Goods by Road may apply. The aforementioned conventions limit Net A Parcel’s liability for loss or damage.
17 CANCELLATION OF SERVICES
17.1 Net A Parcel may terminate your use of the services at any time and effective immediately, at Net A Parcel’s sole discretion should your conduct fail to conform to these Terms.
17.2 Net A Parcel shall not be liable to you or any third party for termination of your Account.
17.3 Should you object to any of the terms and conditions under these Terms, your only recourse is to immediately discontinue use of the services and notify Net A Parcel of your termination of use. Upon termination of your use of Net A Parcel, your right to use Net A Parcel will cease immediately. After cancellation or termination of the use of the services, Net A Parcel reserves the right to:
17.3.1 charge you for parcels that is to be delivered to you or which are in the process of being delivered to you, or
17.3.2 return parcels to sender thereof at your own expense.
18 RECEIPT OF INCORRECT PARCELS
You must immediately notify Net A Parcel should an incorrect parcel be delivered to you. Should an incorrect parcel be delivered to you, you will immediately contact Net A Parcel. After we have verified that an incorrect parcel has been delivered to you, we reserve the right to collect the parcel from you.
19 LOST OR DAMAGED PARCELS
In the event of lost or damaged parcels please contact us at firstname.lastname@example.org and use your Account number as a reference to file a claim with Net A Parcel. All claims for damaged parcels must be reported to Net A Parcel within 14 (fourteen) days after receiving the parcel.
20 LIMITATION OF LIABILITY
20.1 The use of the website and our services are entirely at your own risk.
20.2 All parcels are shipped on a limited liability basis.
20.3 Goods and parcels classified as “fragile” (e.g. glass, crystal, ceramics etc.) are shipped at your OWN RISK.
20.4 If goods are lost or stolen we will re-imburse you the lower amount of the value of the goods or up to R1 500.00 (one thousand five hundred Rand) per parcel.
20.5 Net A Parcel’s liability is strictly limited to direct loss and damage only and Net A Parcel disclaims liability for any indirect, special or consequential damages, loss or liability of whatsoever (including lost profits, income, interest, future business). In no event shall Net A Parcel’s aggregate liability exceed the actual cash value of the parcel or R1 500.00 (one thousand five hundred Rand) per parcel, whichever is the lowest. Notwithstanding the aforementioned, Net A Parcel shall not be liable to you in any manner whatsoever for any damages or loss (whether direct, indirect or consequential) caused by any delay in the delivery of the parcel to you.
20.6 We will not be liable to you in any manner whatsoever nor shall you have any claim against us for any delay in delivery or failure to carry out any of our obligations under these Terms arising from or attributable to acts of God, war, terrorism, government, labour action or unrest, failure of third party suppliers, snow fall, plane crash, car crash or any other cause whatsoever beyond our control.
20.7 All claims against Net A Parcel shall be limited to one claim per shipment and any settlement of which shall be full and final settlement for all loss or damage in connection therewith.
20.8 You indemnify and hold Net A Parcel harmless from any and all claims, including legal fees incurred in defending against any such claim/s, from third parties arising out of the transmission of the parcel through Net A Parcel.
20.9 All claims must be submitted in writing to Net A Parcel within 30 (thirty) days from the date that Net A Parcel accepted the shipment, failing which Net A Parcel shall have no liability whatsoever.
20.10 Net A Parcel shall be excused from performance of its obligations, in whole or in part, under these Terms if the failure or inability to perform is caused by reason of force majeure (e.g. acts of God, fire, flood, or other natural catastrophes, electric, communications or other utility outages, national emergencies, civil disturbances, insurrections, riots, wars (declared or undeclared), epidemics, strikes or labour disputes, actions, ore restrictions of an governmental authority, or causes not within the reasonable control of Net A Parcel).
21 WEBSITE DISCLAIMER
Net A Parcel makes no warranty or representation, whether express or implied, that the information or files available on the website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Net A Parcel, its employees, agents or authorised representatives. Net A Parcel thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the website.
22 LINKED THIRD PARTY WEBSITES
22.1 The Website contain links or references to other websites (e.g. the payment gateway) (“Third Party Websites“) outside of our control, including those of advertisers. These Terms do not apply to those Third Party Websites and Net A Parcel is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
22.2 Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
23.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
23.2 Should you decide to register as a subscriber on the website, we may require you to provide us with personal information which may include the following –
23.2.1 your name and surname;
23.2.2 your username and email address;
23.2.3 your password;
23.2.4 your physical address (i.e. your delivery address); and
23.2.5 your contact number
23.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
23.5 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
23.6 The purposes for which we will use your personal information are as follows:
23.6.1 in relation to the services as provided for under these Terms;
23.6.2 to contact you regarding the services and/or delivery of your parcel; and
23.6.3 to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material
23.7 Net A Parcel will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is –
23.7.1 required in order to comply with applicable law, order of court or legal process served on Net A Parcel;
23.7.2 disclosure is necessary to protect and defend the rights or property of Net A Parcel; and/or
23.7.3 disclosure is necessary to provide the services to you.
23.8 We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our website or email, for the delivery of parcels to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
23.9 We will –
23.9.1 treat your personal information as strictly confidential;
23.9.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
23.9.3 provide you with access to your personal information to view and/or update personal details;
23.9.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
23.9.5 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
23.9.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control.
23.10 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
23.11 Net A Parcel undertakes never to sell or make your personal information available to any third party unless we are compelled to do so by law.
23.12 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
24.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
24.2 Net A Parcel may in its sole discretion terminate, suspend and modify this website and/or our services, with or without notice to you. You agree that Net A Parcel will not be liable to you in the event that it chooses to suspend, modify or terminate this website and/or our services other than delivering parcels to you which were in the process of delivery or which has been delivered to your US mailbox prior to such time and to the extent possible.
24.3 If you fail to comply with your obligations under these Terms, including any incident involving payment and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of our services to you without any prejudice to any claims for damages or otherwise that we may have against you.
25 ELECTRONIC COMMUNICATIONS
When you visit the website or send emails to us, you consent to receiving communications from us electronically.
26 GOVERNING LAW AND JURISDICTION
These Terms and any dispute arising from these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
27 CONTACT US
You can contact us at:
|Address:||377 Rivonia Boulevard, Rivonia, Johannesburg, 2128|
|Postal Address:||Postnet Suite 1, Private Bag X75, Bryanston, 2021|
|Telephone:||(011) 593 2275/6|
|Fax:||086 682 2468|