TERMS AND CONDITIONS OF USE
Introduction and Legal Terms
- By accessing or using our website, https://www.shiprazor.com/ or any related platform or application (collectively, “the Platform”), or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by Shiprazor.
- These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.
- Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.
- The terms "user", “you" and “your” are used interchangeably in these Terms and accordingly refer to anyone using the Platform/Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Shiprazor or our possession.
What Our Platform Offers
- At Shiprazor, we are a logistics aggregator and comparison platform targeted at entities that require delivery services, providing these businesses with access to bespoke shipping solutions (“Services”).
- We provide the Services through our Platform which links businesses and last mile logistics service providers (“Selected Service Providers”) enabling businesses to make better and informed decisions about who is best suited to deliver their products by comparing competing rates and services to make finding the best courier option easy.
- Our Platform integrates seamlessly into yours to provide ours and our Selected Service Providers Services to you and your customers effortlessly.
- Once you have successfully created an order, you will be able to view the quoted cost for each Selected Service Provider and choose which Selected Service Provider cost best suits your business.
- Once you choose a Selected Service Provider to undertake your shipping order, you understand and agree that you will be subject to that Selected Service Provider’s terms and conditions applicable to their provision of services to you. You may view a Selected Service Provider’s terms and conditions on their website or contact us and we will guide you accordingly. You understand and agree that Shiprazor has no power to alter or influence a Selected Service Provider’s terms and conditions and any indulgence you may require must be requested from a Selected service Provider directly and subject to their discretion. Shiprazor equally, is not a party to any dispute which you may have with the terms and conditions of a Selected Service Provider.
- Once you have made your selection and made payment to your chosen Selected Service Provider, we will send you and the recipient a notification via SMS when the order has been dispatched. Please ensure that both your details as well as the recipients’ details are accurate as we shall not be held liable for any the erroneous deliveries or non-deliveries caused by incorrect shipping details.
- We will notify you by SMS, once an order has been dispatched and is in transit. We will also send you an SMS to confirm delivery of the order.
- We may provide you with a waybill number on the Platform dashboard to enable you to track your shipment and receive notifications once your order has been completed.
- If there is a discrepancy between the shipping fees quoted on the Platform and the actual costs of shipping due to any incorrect information provided by you (such as incorrect weight, dimensions, value of the items, addresses, or any other information critical to estimate the shipping cost) you will be responsible for paying such discrepancy amount to the Selected Service Provider before shipping can be completed. Discrepancy fees will be paid to the Selected Service Provider directly by debiting from your delivery credits. Shiprazor shall not be held liable for any error on the shipping fees as a result of any inaccurate or incomplete information you provide.
- All shipping items must be accurately labelled and properly packaged before they are collected by the Selected Service Provider. Shiprazor shall not be held responsible for any missing packages or packages that have been mixed with others for delivery due to lack of or inappropriate labelling.
- You must notify Shiprazor without undue delay of any changes to either yours or the recipient’s contact information that may affect the ability of the Selected Service Provider to action and/or complete the shipment. Shiprazor will use its best endeavours to implement and effect the changes in line with the Selected Service Provider’s terms and conditions.
Changes to your Order
- The ability to make any changes to a shipping order once shipping has commenced will depend on the terms and conditions of the Selected Service Provider.
- If you wish to make a change to one of your orders, please contact us and we will use our best endeavours to assist you. It is important to note that any requested changes may result in an increase in your order amount which we shall debit from your delivery credits. Requests shall always be reviewed and handled on a case-by-case basis and subject to the Selected Service Providers terms and conditions.
Lost and Damaged Shipments
- Any regulations on the importation of goods as well as any conditions of carriage are made by the Selected Service Providers which terms and conditions shall be applicable to your shipment where necessary.
- Shiprazor shall not be held liable for any lost, misplaced, damaged, or incorrectly shipped orders. Should any of the foregoing occur, you are welcome to contact us directly and we will use our best endeavours to assist you.
- It is your responsibility to familiarize yourself with your Selected Service Provider’s terms and conditions as these terms and conditions will be applicable to your shipping order once your order is confirmed on the Platform.
Creating an Account with the Platform
- Creating an Account : To use our Services, we require you to create an account with us. We ask you to provide us with all the requested information in the on-boarding process which includes email address, full name, business/company information, and telephone number.
- Accurate Information : When signing up to our Platform you agree to provide accurate, current, and complete information and to update this information as and when it changes. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your account and information. Please update your information yourself through your dashboard or contact us to view or change your personal information provided.
- Unlawful Access : Please let us know if you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorized charges to your account.
- Shipping Quotation : To initiate a shipping order on our Platform, you must fill in the accurate pickup and delivery information on your dashboard. You will then be provided with a quote for the total shipping costs from our various Selected Service Providers. Quotations for shipping fees are based on the information you provide, including but not limited to your address, receiver’s address, weight, dimensions, and value of the items. Once you have created the shipping order, you shall be prompted to select the preferred Selected Service Provider. Once you select the Selected Service Provider you wish to use, the amount shall be deducted from your delivery credits.
- Billing : Shipping fees for each shipment are billed immediately once a shipping order is initiated.
- Post-Paid Orders : Shiprazor, may in its discretion agree to a post-paid payment plan with you. Where you seek a post-paid arrangement, you may contact us to request same. We will consider the request internally and inform you of our decision once made. Please be advised that until the decision is communicated to you, you will be subject to your standard payment terms in clause 4.2 above which must be met for your order to be processed.
- Delivery Credits : The account balance in your delivery credits must be positive and sufficient to pay your shipping fees at all times. Where the amount in your delivery credits is a negative amount, the Selected Service Provider may not be able to proceed with the pickup or delivery of your shipping order until there is a positive delivery credit balance.
- Invoices and Statements : As a donor you will receive an invoice for any payments made which are also available in your profile.
- Limitation of Use : Your right to use our Platform is subject to any limits your credit card issuer may establish. If payment cannot be processed or a charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your account and access to the Platform.
- Shipping prices : All shipping prices whether hyperlocal, domestic, or international may fluctuate and change from time to time without notice. The quoted shipping fees provided to you at the time of your order shall be the fees you are liable for. The shipping fee displayed on the Platform is the total amount we will charge for your shipping order, and includes the total costs of the service including, VAT, and all other associated costs.
- Variation : We reserve the right to revise any fees on the Platform without notice which includes instances where a Selected Service Provider varies their fees.
Cancellations and Refunds
- Cancellation : You have the option to cancel any shipping order made within 24 hours of initiating the order, subject to delivery partner terms (“cancellation period”). A cancellation fee maybe applicable depending on the delivery partner terms.
- Refund : You can only receive a refund of any payment made when you cancel your order within the cancellation period and the Selected Service Provider has not yet picked up your shipping order. All refunded amounts will be credited to your delivery credit wallet on the Platform. Any refund request outside of order cancellations, shall be processed on a case-by-case basis at the discretion of Shiprazor.
- International Shipping : In respect of international shipping orders, if we fail to broker the contract of carriage for you within 48 hours after the acceptance of your payment, we will contact you in a bid to offer you an alternative solution. If an alternative is not found or agreed upon, we may cancel your order and offer you a full refund.
Responsibilities and Warranties
- Platform Warranties
- by using the Platform and/or the Services, you warrant that -
- ⦁ you have read and agreed to these Terms and will use the Platform and Services in accordance with them;
- ⦁ you have not made any misrepresentations and the information provided in the registration process about you, your company and/or your status is true, accurate and complete in every aspect;
- ⦁ you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
- ⦁ you lawfully possess and submit all information to Shiprazor for the use of the Platform and the Services and hereby indemnify Shiprazor against any third-party claims that may arise due to the processing of the information shared by you with Shiprazor;
- ⦁ where you use our Services as an on behalf of your company or organisation, you warrant that you have the authority and consent to share personal information with us and indemnify Shiprazor against any third-party claims that may arise in respect of any personal information you share with us;
- ⦁ you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform;
- ⦁ you will not share any confidential information on the Platform including banking or other personal information of a user not made publicly available in any user profile;
- ⦁ you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;
- ⦁ you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that you do not own or do not have the right to publish or distribute;
- ⦁ you will not use the Platform for any commercial purpose other than as expressly provided for by Shiprazor herein;
- ⦁ you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
- ⦁ you will not facilitate or assist any third party to do any of the above,
- ⦁ failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing Shiprazor to manifest all of our rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority or instituting legal proceedings against you.
- ⦁ Connected Devices: The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.
- ⦁ Access to Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform where we believe (in our reasonable discretion) that you are in breach of any of these Terms.
Messages and Advertising
- ⦁ Data Messages between You and Shiprazor
- ⦁ Data messages, including email messages, you send to us will be considered as received only when we acknowledge or respond to these messages.
- ⦁ Data messages we send to you will be regarded as received when the data message enters your email sever inbox and is capable of being retrieved and processed by you.
- ⦁ We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.
- ⦁ Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.
- ⦁ Hyperlinks, Deep Links, Framing
- ⦁ The Platform may include links to other websites ("other sites"). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
- ⦁ We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.
- ⦁ Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.
- ⦁ Platform IP: All website/application layout, website/application content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Shiprazor, our shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
- ⦁ User submitted IP: All rights to any intellectual property you provide to us will remain with you, but for which you have provided us with a non-exclusive, non-transferable licence to use such intellectual property to provide you with our Services including the use of our Platform.
- ⦁ No Modification of IP: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
- ⦁ Updates: We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform/Services, or to suspend or terminate the Platform, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).
- ⦁ Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.
- ⦁ User License: Subject to adherence to the Terms, Shiprazor grants to you a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any machine which you are the primary user. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.
Indemnities and Disclaimers
- ⦁ Disclaimers
- ⦁ The Platform and Services, including intellectual property appearing therein, are provided "as is" and "as available". We make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform or the Services.
- ⦁ All content, information, and/or opinions of users made available on the Platform in relation to any of the Services are those of the authors and not Shiprazor. While we make every reasonable effort to present such information accurately and reliably on the Platform we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Platform.
- ⦁ Shiprazor, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Platform and/or transactions or actions resulting therefrom or from the Services offered.
- ⦁ Shiprazor, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Platform in any manner.
- ⦁ We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform offline. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform remains solely at your own risk, and you should take your own precautions accordingly.
- ⦁ Indemnities
- ⦁ You indemnify and hold harmless Shiprazor, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Platform and/or Services offered or transactions concluded through the Platform in any way.
- ⦁ You agree to indemnify, defend, and hold Shiprazor, its shareholders, employees and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
- ⦁ This clause will survive termination of these Terms.
- ⦁ Negotiation - Should any dispute, disagreement or claim arise between you and Shiprazor concerning the use of the Platform or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
- ⦁ Mediation - Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.
- ⦁ Arbitration - If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Shiprazor.
- ⦁ Jurisdiction - Notwithstanding the above, both parties' consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
- ⦁ No publication - The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party
Termination of Use
- ⦁ IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR PLATFORM IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.
- ⦁ If you wish to terminate your agreement with us and these Terms, you may do so by ending your use of our Platform. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.
- ⦁ In the event of termination of your agreement with these Terms we will remove you from the Platform and delete your account in line with our data retention policy.
Notices and Service Address
- ⦁ Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
- ⦁ in the case of Shiprazor, at firstname.lastname@example.org; or
- ⦁ in the case of the customer, at the e-mail, cellphone number, and/or address provided when registering with us.
- ⦁ Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
- ⦁ Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
- ⦁ Site owner: Shiprazor (Pty) Ltd
- ⦁ Legal status: Private Company
- ⦁ Registration number: 2023/766518/07
- ⦁ Description of business: Shipping Aggregator
- ⦁ Platform address: https://www.shiprazor.com/
- ⦁ Email address: email@example.com
- ⦁ Telephone number: +27 639257984
- ⦁ Registered address: 5 Bath Road, Claremont, Cape Town, 7708
- ⦁ Postal address: As above.
- ⦁ Relationship Between the Parties - The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.
- ⦁ Force Majeure - If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned
- ⦁ Change Without Notice - The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
- ⦁ Entire Agreement - This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 14.3 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
- ⦁ No Indulgence - No indulgence, leniency or extension of time granted by Shiprazor shall constitute a waiver of any of Shiprazor’ rights under these Terms and, accordingly, Shiprazor shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
- ⦁ Importation of Words - Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
- ⦁ Headings as Reference - The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate
- ⦁ Governing Law - Your access and/or use of the Platform and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
- ⦁ Failure to Pay - In the event of a customer failing to pay any amount timeously or breaching these Terms, the customer shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Shiprazor in relation to the payment failure or breach.
- ⦁ Severability - Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
- ⦁ Prohibited Provision - No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 14.10.