Terms and Conditions
TERMS AND CONDITIONS FOR THE USE OF THE POSTNET TRADING PORTAL AND E-COMMERCE WEBSITE
Terms and Conditions of Use:
These Terms and Conditions (“the Terms and Conditions”) govern your (“the Registered User”) use of PostNet Southern Africa (Pty) Limited’s (Registration number 1993/006964/07) (“the Provider”) trading portal and e-commerce website located at the domain name http://shop.postnet.co.za/ (“the Website”). By accessing and using the Website and trading portal, the Registered User agrees to be bound by the Terms and Conditions set out in this legal notice. If the user does not wish to be bound by these Terms and Conditions, the user may not access, use, upload and/or download, transact on and/or otherwise copy Content obtained on the Website and will not be registered as a Registered User on the Website.
It is recorded that the Provider owns a franchised business with numerous franchisees trading as individual entities under the PostNet brand and trademark in the Republic of South Africa. The Terms and Conditions apply to the Registered User’s use of the website when transacting with an individual franchisee of their choice. The Registered User acknowledges that it/he/she will be trading and transacting with an individual corporate entity separate and distinct from the Provider.
The Terms and Conditions govern the ordering, sale and delivery of products and services and the use of the Website. These Terms and Conditions are binding and enforceable against every person and/or entity that accesses or uses the Website. By using the Website and registering on the Website the Registered User acknowledges that they have read and agreed to be bound by the Terms and Conditions.
The use of the Website is entirely at the Registerd User’s own risk and the Registered User assumes full responsibility for any risk or loss resulting from the use of the Website.
The Website may contain links to other websites (“third party websites”) which are outside of the Provider’s control. The Terms and Conditions do not apply to any third party websites. The Provider is not responsible for the practices and privacy policies of any third party websites or the cookies that any third party website may use.
The Provider is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology which is managed through the agency of Payfast. The Payfast terms and conditions can be accessed at https://www.payfast.co.za/end-user-agreement
Updating of these Terms and Conditions:
The Provider reserves the right to change, modify, add to or remove from portions or the whole of the Terms and Conditions from time to time. Changes to the Terms and Conditions will become effective upon such changes being posted and uploaded on the Website. It is the User’s obligation to periodically check the Terms and Conditions on the Website for changes and/or updates. The User’s continued use of the Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by the Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights:
The Provider provides certain information on the Website. The Content currently, or anticipated to be displayed on the Website is created and provided by the Provider which includes the product and/or services provided by each of the Provider’s individual and separate franchisees around the Republic of South Africa, its affiliates, any duly authorised agent and/or any other third party owners of such content(“the Content”). All such proprietary works, and the compilation of the proprietary works, belong to and are the copyright of the Provider, and its affiliates or subsidiaries, any duly authorised agent and/or any other third party owner of such rights (“the Provider’s affiliates or subsidiaries, any duly authorised agent and/or any other third party owner of such rights are referred to collectively herein as “the Owners”), and is protected by South African and international copyright laws. The Provider reserves the right to make any changes to the Website, the Content, or to the products and/or services offered through the Website at any time and without notice to the Registered User. All rights in and to the Content are reserved and retained by the Provider and the Owners. Except as specified in the Terms and Conditions, the Registered User is not granted a license or any other right including without limitation under copyright, trademark, patent or other intellectual property rights in or to the Content.
The Registered User, when using the Website and transacting with the Provider’s independent franchisees, furthermore indemnifies and holds the Provider and its independent franchisees harmless from any damages and/or liability and/or action that may result from the Registered User uploading, copying material of whatsoever nature that belongs to the Owners and is in violation of the third parties copyright and intellectual property rights and in the event of the Registered User making payments using the PayFast payment portal.
Limited License to Registered Users:
The Provider grants to the Registered User, subject to the further terms of the Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, upload and download information and data so that the Registered User will be able to transact with the Provider’s independent franchisee which transaction is going to be processed by the Provider’s independent franchisee on behalf of the User.
The Website and the Content, may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose.
The license does not allow the Registered User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant.
The Registered User may not frame nor use framing technologies to enclose and copy the Website or the Content nor any part thereof.
The Provider, the individual franchisees and the Owners reserve the right to refuse to service and transact with the Registered User, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
The Provider, the individual franchisee and the Owners also reserve the right to cancel any unauthorised and illegal use of the Website by the Registered User, and to cancel the license, and to refuse to service, terminate transactions and accounts, remove or edit content, or cancel orders in their sole discretion.
Limitation of liability:
The Website and all Content on the Website, includes any current or future offer/s of products or services, and are provided on an “as is” basis, and may include unintentional inaccuracies or typographical errors. The Provider and/or the individual franchisees and/or the Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither the Provider nor its franchisees nor the Owners shall be held responsible or liable for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content of/or the Website or any functionality thereof, or of any linked website of the Owners, even if the Provider and/or its independent franchisee and/or the Owners is expressly advised thereof.
Privacy, access to and use of information:
The Provider, the independent franchisee and the Owners receive various types of information (“the Information”) from Registered Users who access the Website. The Provider, the independent franchisee and/or the Owners will make every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. The Provider and/or its independent franchisee and/or the Owners will not be responsible for any damages the Registered User or any third party may suffer as a result of the transmission of confidential information that the Registered User makes to the Provider and/or its independent franchisee and/or the Owner through the Internet, or that the Registered User expressly or implicitly authorises the independent franchisee and/or the Owners to make, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and policies of the Provider and/or its independent franchisee and/or the Owners the Registered User is urged to take care to read and understand the underlying privacy clauses incorporated in the Terms and Conditions:
Privacy and casual surfing:
A User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User’s computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve the Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information within the confines of the Protection of Personal Information Act 4 of 2013 (“the Act”).
Privacy and unsolicited information:
If the Registered User posts and uploads unsolicited and illegal content or other information (“the Information”) to the Website, the Provider and/or its independent franchisee and/or the Owners takes no responsibility, and assumes no liability for any Information posted and uploaded by the Registered User or any third party on the Website.
Privacy and solicited information the User gives to the Provider:
The Provider and/or its independent franchisee and/or the Owners require certain personal information to process transactions if the Registered User elects to transact and acquires any of the independent franchisee’s goods, product offerings and/or services. The Provider receives and stores all the Information the Registered User enters on the Website or gives to the Provider and/or its independent franchisee and/or the Owners in order to complete each individual transaction. The Registered User may choose not to provide certain Information, but that may then limit the services or products that the Registered User may wish to purchase from the Provider and/or its independent franchisee. The Provider undertakes to provide through the medium of the Website products and services in conjunction with its independent franchisee and/or the Owners. In this regard and unless specifically restricted by the Registered User from the license below, the Registered User grants to the Provider and/or its independent franchisee and/or the Owners the right to use the Information in accordance with the Act. The Registered User acknowledges that the Information that is required by the Provider’s independent franchisee and/or the Owners is necessary to give effect to the transactions that the Registered User chooses to enter into, and as such will be shared with those entities.
Privacy and promotional information:
The Provider, its independent franchisees and/or the Owners aspire to provide first-class service to its customers, which necessitates the Provider and its independent franchisees and/or the Owners providing information to the User regarding new goods, products services and/or special offers. In each instance, the Registered User is provided an opportunity to opt-out of such information circulars.
Privacy and lawful purposes:
When the Provider, its independent franchisees and/or the Owners are served with due legal process requiring the delivery of personal customer Information, it may have a legal duty to abide by that demand, in terms of the provisions of the Act, and will do so.
Privacy and surveys:
The Provider, its independent franchisees and/or the Owners understands that efficiency and customer care translates to good service. The Provider, its independent franchisees and/or the Owners may periodically conduct online customer care surveys to facilitate the updating of service and/or product standards. When they conduct a survey the Provider independent franchisee and/or the Owners will inform the Registered User how the information gathered will be used, and will provide the Registered User with the opportunity to opt-out from such surveys, and will at all times act and conduct themselves in terms of the Act.
Choice of Law:
This Website is controlled, operated and administered by the Provider from its offices as set out below within the Republic of South Africa. The Registered User may not use this Website in violation of South African laws and regulations. The Terms and Conditions apply to Registered Users who are consumers for purposes of the Consumer Protection Act, 68 of 2008. If the Registered User accesses this Website from locations outside of South Africa, that Registered User is responsible for compliance with all local laws. The Terms and Conditions shall be governed by the laws of the Republic of South Africa, in the event of any dispute. If any of the provisions of the Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The Terms and Conditions constitute the entire agreement between the Provider, its independent franchisees and/or the Owners and the Registered User with regard to the use of the Content and this Website.
Contact Details: In the event that you need to contact the Provider for purposes related to the Terms and Conditions, please use the following:
Telephone: 0860 POSTNET
© PostNet Southern Africa Pty LTD
This Website was most recently updated on the 1 February 2021