Untitled Document
TERMS AND CONDITIONS
1. COPYRIGHT
1.1 Copyright 2003 © Freight Fusion Systems (Pty) Ltd., 32 Villa Valencia
Office Park, 4 Anemoon Street, Glen Marais Ext 1. Kempton Park, 1620 South Africa.
All rights not expressly granted are reserved. To obtain permissions for the
commercial use of any content on this site contact The CEO at +27 (0)11 979-4410
or e-mail helpdesk@freightfusion.net
1.2 Users may download, view and print content from this site for private and
non-commercial purposes only.
1.3 All moral rights of Freight Fusion Systems (Pty) Ltd. and its employees/agents
are reserved.
1.4 Freight Fusion Systems (Pty) Ltd. cannot screen or edit all the content
available from the Freight Fusion Systems (Pty) Ltd. site and does not accept
any liability for illegal, defamatory or obscene content. Users are encouraged
to inform Freight Fusion Systems (Pty) Ltd. of any content that may be offensive
or illegal.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All the content, trademarks and data on this web site, including but not
limited to, software, databases, text, graphics, icons, hyperlinks, private
information, designs and agreements, are the property of or licensed to Freight
Fusion Systems (Pty) Ltd. and as such are protected from infringement by local
and international legislation and treaties.
3. ELECTRONIC COMMUNICATIONS
3.1 When a user visits Freight Fusion Systems (Pty) Ltd. or sends e-mails to
Freight Fusion Systems (Pty) Ltd., that user consents to receiving communications
from Freight Fusion Systems (Pty) Ltd. electronically and agrees that all agreements,
notices, disclosures and other communications sent by Freight Fusion Systems
(Pty) Ltd. satisfies any legal requirements, including but not limited, to the
requirement that such communications should be "in writing".
4. HYPERLINKS
4.1 No person, business or web site may link to any page on this site without
the prior written permission of Freight Fusion Systems (Pty) Ltd. Such permission
could be obtained from the person referred to in clause 1 hereof. This clause
does not apply to parties that have entered into e-trader agreements with Freight
Fusion Systems (Pty) Ltd.
4.2 Hyperlinks provided on this site to non-Freight Fusion Systems (Pty) Ltd.
sites, are provided as is and Freight Fusion Systems (Pty) Ltd. does not necessarily
agree with, edit or sponsor the content on such web pages.
5. FRAMING
5.1 No person, business or web site may frame this site or any of the pages
on this site in any way whatsoever.
6. SPIDERS AND CRAWLERS
6.1 No person, business or web site may use any technology to search and gain
any information from this site without the prior written permission of Freight
Fusion Systems (Pty) Ltd.Such permission could be obtained from the person referred
to in clause 1 hereof.
7. DISCLAIMER
7.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic
Communications and Transactions Act, neither Freight Fusion Systems (Pty) Ltd.
nor any of its agents or representatives shall be liable for any damage, loss
or liability of whatsoever nature arising from the use or inability to use this
web site or the services or content provided from and through this web site.
Furthermore, Freight Fusion Systems (Pty) Ltd. makes no representations or warranties,
implied or otherwise, that, amongst others, the content and technology available
from this web site are free from errors or omissions or that the service will
be 100% uninterrupted and error free. Users are encouraged to report any possible
malfunctions and errors to the person referred to in clause 1.
7.2 This web site is supplied on an "as is" basis and has not been
compiled or supplied to meet the user's individual requirements. It is the sole
responsibility of the user to satisfy itself prior to entering into this agreement
with Freight Fusion Systems (Pty) Ltd. that the service available from and through
this web site will meet the user's individual requirements and be compatible
with the user's hardware and/or software.
7.3 Information, ideas and opinions expressed on this site should not be regarded
as professional advice or the official opinion of Freight Fusion Systems (Pty)
Ltd. and users are encouraged to consult professional advice before taking any
course of action related to information, ideas or opinions expressed on this
site.
7.5 Neither Freight Fusion Systems (Pty) Ltd. nor any of its agents or representatives
shall be liable for any damage, loss or liability of whatsoever nature arising
from the use or inability to use any product sold via this web site.
8.0 VALUE ADDED TAX:
8.0.1 Value added tax at the rate of 14% is charged on goods and services bought
by South African residents.
8.0.2 VAT is not payable on international orders.
8.4 IMPORT DUTIES:
8.4.1 Import duties may be payable by recipients of goods in foreign countries.
Freight Fusion Systems (Pty) Ltd. does not know what levies may be payable.
9. GOVERNING LAW
10. PRIVACY
10.1 Freight Fusion Systems (Pty) Ltd. shall take all reasonable
steps to protect the personal information of Users. For the purpose of
this clause, "personal information" shall be defined as detailed in the
Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may
be downloaded from:
http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
10.2 Freight Fusion Systems (Pty) Ltd. may electronically collect, store and
use the following personal information of Users:
10.2.1 name and surname;
10.2.2 birth date;
10.2.3 gender;
10.2.4 country of residence;
10.2.5 closest city;
10.2.6 non-personal browsing habits and click patterns;
10.2.7 e-mail address; and
10.2.8 IP address.
10.3 Freight Fusion Systems (Pty) Ltd.1 collects, stores and uses the abovementioned
information for the following purposes:
10.3.1 to greet the User when he/she accesses the Freight Fusion Systems (Pty)
Ltd. web site;
10.3.2 subject to the User's consent, inform the User of facts relating to his/her
access and use of the Freight Fusion Systems (Pty) Ltd. website;
10.3.3 subject to the User's consent, inform the User about competitions and
special offers from Freight Fusion Systems (Pty) Ltd. and/or its partners /
affiliates;
10.3.4 to compile non-personal statistical information about browsing habits,
click-patterns and access to the Freight Fusion Systems (Pty) Ltd. web site.
10.4 Information detailed above is collected either electronically by using
cookies or is provided voluntarily by the User. Users may determine cookie use
independently through their browser settings.
10.5 The User may elect not to receive any communications from Freight Fusion
Systems (Pty) Ltd. and/or its partners / affiliates.
10.6 Freight Fusion Systems (Pty) Ltd. may collect, maintain, save, compile,
share, disclose and sell any information collected from users, subject to the
following provisions:
10.6.1 Freight Fusion Systems (Pty) Ltd. shall not disclose personal information
from Users unless the User consents thereto;
10.6.2 Freight Fusion Systems (Pty) Ltd. shall disclose information without
the User's consent only through due legal process; and
10.6.3 Freight Fusion Systems (Pty) Ltd. may compile, use and share any information
that does not relate to any specific individual.
10.7 Freight Fusion Systems (Pty) Ltd. owns and retains all rights to non-personal
statistical information collected and compiled by Freight Fusion Systems (Pty)
Ltd.
11. SECURITY
11.1 Any person that delivers or attempts to deliver any damaging code to this
web site or attempts to gain unauthorised access to any page on this web site
shall be prosecuted and civil damages shall be claimed in the event that Freight
Fusion Systems (Pty) Ltd. suffers any damage or loss.
11.2 The user agrees and warrants that its log-in name and password shall:
11.2.1 be used for personal use only; and
11.2.2 not be disclosed to any third party.
11.3 The user allows Freight Fusion Systems (Pty) Ltd. to take all reasonable
steps to ensure the integrity and security of the Freight Fusion Systems (Pty)
Ltd. site and back-office applications.
12. CHANGES TO AGREEMENT
12.1 Freight Fusion Systems (Pty) Ltd. may, in its sole discretion, change
this agreement or any part thereof at any time without notice.
13. DISPUTES
13.1 In the event of any dispute of any nature whatsoever arising between the
parties on any matter provided for in, or arising out of this agreement, and
not resolved through the Customer Relations Department of Freight Fusion Systems
(Pty) Ltd. , then such a dispute shall be submitted to confidential arbitration
in terms of the expedited rules of the Arbitration Foundation of South Africa.
Arbitration proceedings shall be conducted in Johannesburg in English. The arbitration
rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.
14. DOMICILIUM
14.1 Freight Fusion Systems (Pty) Ltd. chooses as its domicilium citandi et
executandi for all purposes under this agreement, whether in respect of court
process, notice, or other documents or communication of whatsoever nature, 32
Villa Valencia Office aprk, 4 Anemoon Street, Glen Marais Ext 1. Kempton Park.
1620
15. TERM AND TERMINATION
15.1 This agreement shall commence when the user registers on the Freight Fusion
Systems (Pty) Ltd. site and continues indefinitely until terminated by Freight
Fusion Systems (Pty) Ltd. in terms of clause 12 hereto or for any other reason.
16. GENERAL INFORMATION
16.1 Freight Fusion Systems (Pty) Ltd. Reg No:. Directors: B.C. Mulligan (Managing),
R. Mulligan.