We make use of SkyNet and PAXI. Their general Terms & Conditions policies apply as below: 

 

 

SKYNET WORLDWIDE EXPRESS TERMS AND CONDITIONS OF CARRIAGE 
When ordering SkyNet services, which includes services offered by its associated and subsidiary companies and appointed agents around the world, you as “Shipper”, are agreeing, on your behalf and on behalf of the consignee of the Shipment (“Consignee”) and anyone else with an interest in the Shipment that these Terms and Conditions shall apply, and those terms and conditions set forth in the most recent Terms Conditions, each of which will be deemed to be incorporated in and to be a condition, of any agreement whether written, oral or implied, between SkyNet and Shipper.

 
These Conditions shall not be overridden or varied or added to except by express agreement in writing between the Sender and a representative of SkyNet having the express written authority to do so. 

1. SHIPMENT CHARGES & OTHER FEES 
   Charges applied shall be those rates applicable and in force at the time that the contract of carriage is made. SkyNet reserves the right to revise from time to time and without notice. SkyNet’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by SkyNet to confirm this calculation. Payment of Customs Duties and other charges due as indicated by SkyNet in the receiving country may be requested from Consignee or Shipper prior to delivery. This includes a fee if SkyNet uses its credit with the Customs Authorities or pays any Customs Duties on Consignee’s or Shippers behalf. 
   Shipper shall pay or reimburse SkyNet for all Customs Duties and other charges due for services provided by SkyNet or incurred by SkyNet on Shipper’s or Consignee’s behalf if Consignee has failed to pay. SkyNet shall have a lien on the goods for all freight charges, customs duties, advances or charges of any kind arising out of this contract of carriage and may refuse to surrender possessions of the goods until such charges are paid. 
2. CUSTOMS CLEARANCE AND REGULATORY COMPLIANCE 
   SkyNet may perform any of the following activities on Shipper’s or Consignee’s behalf in order to provide services: (1) complete any documents, amend product or service codes and advance any duties, taxes or other regulatory charges required under applicable laws and regulations (“Customs Duties”), (2) act as Shipper’s or Consignee´s true and lawful agent or designate a customs broker to 
   perform export control and customs clearance and (3) redirect the Shipment to Consignee’s customs broker or other address upon request by any person who SkyNet believes in its reasonable opinion to be authorized. Shipper or Consignee will provide any extra authorization required by applicable law for SkyNet to clear a Shipment. 
3. REFUSAL OR REJECTION OF SHIPMENTS  
   SkyNet reserves the right to refuse, hold, cancel, postpone or return any Shipment at any time if such Shipment would in the opinion of SkyNet be likely to cause damage or delay to other Shipments, goods or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions, or the SkyNet Account of the person or entity responsible for payment is not in good credit standing. The fact that SkyNet accepts a Shipment does not mean that such Shipment conforms to applicable laws and regulations or to the present Conditions. SkyNet does not accept hazardous, combustible or explosive materials, precious materials or stone in any form, negotiable instruments, currency, uncancelled postage or revenue stamps, cashier’s cheque, antiques, livestock or plants, or any perishable commodity, and in the event that shipper should tender such items to SkyNet, the shipper should tender such items to SkyNet, the shipper shall indemnify SkyNet all claims, damages, and expenses, arising in connection and SkyNet shall have the right to deal with such items as it shall see fit, including the right to abandon Carriage of the same immediately upon SkyNet having knowledge that such items have been tendered. 

4.      PROHIBITED ITEMS 
SkyNet prohibits the following items for shipment to any destination and Sender agrees not to ship the same, unless expressly agreed otherwise by SkyNet (additional restrictions may apply depending on origin and destination): 

a) it contains complete firearms, ammunition, explosives, explosive devices or test pieces, air guns, replica or imitation firearms; counterfeit goods;

 
b) Human corpses, human organs or body parts, human or animal embryos, cremated or disinterred human remains; Live / dead animals, including insects and pets; 

c) Plants and plant material, including cut flowers; 

d) Perishable foodstuffs, and foods and beverages requiring refrigeration or other environmental control; 

e) Money, including but not limited to cash and cash equivalents (e.g. negotiable instruments, endorsed stocks, bonds and cash letters), collectible coins and stamps; 

f) Hazardous waste, including but not limited to, used hypodermic needles and/or syringes or other medical, organic and industrial waste); 

g) Wet ice (frozen water); 

h) Counterfeit goods, including, but not limited to, goods under a trademark that is identical to or substantially indistinguishable from a registered trademark, without the approval or oversight of the registered trademark owner; 

i) Marijuana, including marijuana intended for recreational or medicinal use, and marijuana derived cannabidiol (CBD), any product with a delta-9-tetrahydrocannabinol (THC) concentration of more than 0.3 percent on a dry weight basis, and synthetic cannabinoids 
j) Raw or unrefined hemp plants, or their subparts (including, but not limited to, hemp stalks, hemp leaves, hemp flowers and hemp seeds). 

k) Tobacco and tobacco products, including but not limited to cigarettes, cigars, loose tobacco, smokeless tobacco, hookah or shisha; and 

l) Electronic cigarettes and their component parts, any other similar device that relies on vaporization or aerosolization, and any non-combustible liquid or gel, regardless of the presence of nicotine, that can be used with any such device.  

  
m) it is classified as hazardous material, dangerous goods, prohibited or restricted articles under ADR (European Road Transport Regulation on dangerous goods) or by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), or other relevant organization ("Dangerous Goods"). SkyNet prohibits the following types of Shipments to any destinations and Sender agrees not to ship the same (additional restrictions may apply depending on origin and destination): a) Shipments or commodities, the carriage, importation or exportation of which is prohibited by any law, statute or regulation; 

I) Shipments that require SkyNet to obtain any special license or permit for transportation, 
importation or exportation; 
II) Undeclared, excisable shipments or commodities that require regulatory approval and 
clearance; 
III) Shipments with a declared value for customs in excess of that permitted for a specific destination; 
VI) Dangerous goods, except as permitted under the Dangerous Goods section of these terms and conditions; and 
V) Packages that are wet, leaking or emit an odour of any kind. 

SkyNet excludes all liability for Prohibited Items howsoever accepted (including acceptance by 
mistake or under notice). SkyNet reserves the right to reject Packages based upon these limitations or for reasons of security or safety. SkyNet shall be entitled to charge an administrative fee for 
Packages rejected and for the costs of returning goods, where applicable, to the Sender.  

5. SKYNET’S LIABILITY 
SKYNET WILL NOT BE LIABLE, IN ANY EVENT, FOR ANY DAMAGES WHETHER DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL IN EXCESS OF THE DECLARED VALUE OR THE LIMITATION OF LIABILITY AS SET FORTH IN THE APPLICABLE INTERNATIONAL CONVENTION AS AMENDED OR, FOR SHIPMENTS FROM AND BETWEEN SPECIFIED LOCATIONS WITHIN ONE COUNTRY, BY THE APPLICABLE LOCAL LAW, WHICHEVER IS GREATER, WHETHER OR NOT SKYNET KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES MIGHT BE INCURRED INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS. 
SKYNET WILL NOT BE LIABLE IN ANY EVENT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME OR PROFITS. 

SkyNet shall not be liable for losses or delays. Exposure to and risk of any such loss or delay is assumed by the Sender and the Sender should contact an insurance agent or broker if insurance cover is desired.  

SKYNET CAN FACILITATE INSURANCE COVER AT SHIPPERS REQUEST PRIOR TO SHIPPMENT AT AN ADDITIONAL COST OR THE CONSIGNEE CAN PARTIPATE IN A FIRST PARTY INSURANCE PRODUCT MADE AVAILABLE BY SKYNET.

The insurance coverage shall be governed by all the terms and conditions contained in the policy of insurance insured by the insurance carrier. Where Sender has opted to take insurance through SkyNet prior to shipping, Sender should refer to the SkyNet rate sheet in effect at the time. The lesser or the Declared Value or actual replacement value for Carriage of any Package represents SkyNet’s maximum liability in connection with a shipment of that Package, including but not limited to, any loss, damage, delay, mis delivery, any failure to provide information, 
or mis delivery of information relating to the Shipment.  SkyNet will not be liable for, nor shall any adjustment, refund, or credit of any kind be made as a result of any loss, damage, delay, mis delivery or non-delivery or misinformation or failure to provide information including but not limited to any such loss, damage, delay, mis delivery, non-delivery, 
misinformation or failure to provide information caused by or resulting from: 
A. The act, default or omission of the Shipper, Consignee, or any other party who claims any interest in the Shipment. 
B. The nature of the shipment or any defect, characteristic, or inherent vice, thereof. 
C. Act of God, perils of the air, public enemies, public authorities acting with actual or apparent 
authority of law, or omissions of customs or quarantine officials, riots, strikes, civil commotions, hazards incident to a state of war, weather conditions, or delay of aircraft or other vehicles used in providing transportation services. 
D. Acts of omissions of any Carrier or other entity or person to whom a shipment is tendered by 
SkyNet for transportation beyond that provided by SkyNet, regardless of whether the Shipper 
requested or had knowledge of such third-party delivery arrangements. 
E. Any delay in delivery or SkyNet inability or failure to complete a delivery due to acts or omissions of Customs or other regulatory agencies. 
F. Delays in delivery caused by adherence to SkyNet policies regarding the payment of duties and taxes. 
G. The inability of SkyNet to provide a copy of the delivery record or a copy of the signature 
obtained at delivery; 
H. SkyNet failure to notify the Sender of any delay, loss or damage or any inaccuracy in such notice; 

6. NO WARRANTIES  
Save as expressly set out herein, SkyNet makes no warranties, express or implied. 

7. INSPECTION OF SHIPMENTS 
SkyNet has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons. 

8. ROUTING 
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places. 

9. CUSTOMS CLEARANCE 
Shipments that cross national borders may be cleared through customs. The Sender is responsible for making sure goods are shipped in compliance with all customs regulatory requirements, for providing all documentation and information required for the clearance, and for representing and warrantying that all statements and information it provides relating to the goods and the clearance of the Shipment are and continue to be true, correct and complete, including the most appropriate description for the Shipments. Shipments requiring documentation in addition to an (Air) Waybill (e.g., a commercial invoice) may require additional transit time.

WE RESERVE THE RIGHT AT OUR SOLE DISCRETION TO CHARGE YOU WITH ANY PENALTIES, FINES, DAMAGES OR OTHER COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO STORAGE FEES, RESULTING FROM AN ENFORCEMENT ACTION BY ANY COMPETENT GOVERNMENT AUTHORITY, OR BY YOUR FAILURE TO COMPLY WITH THE OBLIGATIONS  HEREBY LAID OUT. 

The Sender is responsible at its own expense for making sure goods shipped internationally are 
acceptable for entry into the destination country under the applicable laws and complying with all licensing or permitting requirements when applicable. The Sender may also be required to provide additional information to obtain clearance from other regulatory agencies in the destination country prior to delivery to the Recipient. Shipments that contain goods or products that are regulated by multiple government agencies within other destination countries (such as the national agencies responsible for food safety, public health protection, pharmaceuticals, medical products, plant and animal, wildlife products, telecommunication and other electronic equipment standards, and comparable agencies) may require additional time for clearance. All charges for sending to and return from countries where entry is not permitted will be charged to the Sender. When Shipments are held by customs or other agencies due to incorrect or missing documentation, SkyNet may attempt to notify the Recipient. If local law requires the correct information or documentation to be submitted by the Recipient and the Recipient fails to do so within a reasonable time, the Shipment may be considered undeliverable subject to applicable laws. If the Recipient fails to supply the required information or documentation and local law allows the Sender to provide the same, SkyNet may attempt to notify the Sender. If the Sender also fails to provide the information or documentation within a reasonable time, the Shipment will be considered undeliverable subject to applicable laws. SkyNet assumes no responsibility for its inability to complete a delivery due to incorrect or missing documentation, whether or not SkyNet attempts to notify the Recipient or Sender. 
Where permissible by local law and on application / instruction by the Shipper, SkyNet will provide customs clearance of international Shipments. SkyNet will submit the Shipment information to customs 
and other regulatory agencies for clearance. SkyNet may charge an ancillary clearance service fee, where applicable, on international Shipments for clearance processing, for services requested by the Sender, Recipient or third party, or to recover the costs passed to SkyNet by the regulatory agency for regulatory filing. The types and amounts of fees vary by country.  
SkyNet will act as agent for Consignee or Shipper (as applicable) solely for the purpose of clearing and entering the Shipment through customs. When applicable and appropriate, Shipper shall authorize SkyNet, or the broker designated by SkyNet, to make and file customs declarations and all related actions as a direct representative, in the name of and on behalf of and at the risk of the Consignee or Shipper. Shipper shall ensure Consignee authorizes SkyNet in accordance with this provision, when applicable. 

10. DUTIES AND TAXES 
In order to complete clearance of certain items through customs, SkyNet may, at its sole discretion, advance duties and taxes as assessed by customs officials on behalf of the payer and assess a surcharge for doing so.  
Where the Shipper requires that SkyNet attend to transportation on a Delivery Duty Paid “DDP” basis for IOSS services (where applicable), the following shall apply: 
• The Shipper will first apply for the IOSS Service. 
• SkyNet will undertake a standard credit control vetting process. 
• On approval, the Shipper will make payment of the equivalent of 2 weeks of VAT to SkyNet 
to be held in Bond.  
• Any DDP charges shall be payable by the Shipper within 7 days of receipt of invoice.  
For all DDP Shipments, will require payment of duties and taxes before release of the Shipment to the Consignee.  

SkyNet only provides estimates of customs duties and taxes through its Estimate Duties and Taxes feature. Final duties and taxes may vary. In the event the accuracy or propriety of duties and taxes assessed on a Shipment is disputed, SkyNet or its designated broker may review the shipping documents tendered with the Shipment. If SkyNet determines that the duties and taxes were properly assessed, the Shipper agrees to pay the duties and taxes or the Shipper undertakes that the Consignee pays, as applicable. In the event SkyNet advances duties, taxes or other fees, on behalf of the payer, the payer will be assessed an ancillary clearance service fee based on a flat rate or a percentage of the total amount advanced.  

REGARDLESS OF ANY PAYMENT INSTRUCTIONS TO THE CONTRARY, THE SHIPPER IS ULTIMATELY RESPONSIBLE FOR PAYMENT OF DUTIES AND TAXES AND ALL FEES AND SURCHARGES RELATED PAYMENT OF DUTIES AND TAXES.  

If a Consignee or a third party from whom reimbursement confirmation is required refuses to pay the duties and taxes upon request, we may contact the Shipper, for the same. If the Shipper refuses to make satisfactory arrangements to reimburse SkyNet, the Shipment may be returned to the Shipper (in which case, Shipper will be responsible both for original and return charges) or placed into a general order warehouse or a customs-bonded warehouse or considered undeliverable. If Transportation Charges for a Shipment are billed to a credit card, SkyNet reserves the right to also settle uncollected duties and taxes charges associated with that Shipment to the credit card account. Subject to the options available at specified locations, if SkyNet cannot obtain satisfactory confirmation of arrangements to reimburse it for amounts to be advanced for duties and taxes, a Shipment might be delayed. SkyNet shall not be liable for such delays, or any other failure to comply with these Conditions.  
Charges requiring conversion from a currency other than the currency in which the Payer is billed, will be calculated daily using the median bid price obtained from OANDA, an Internet exchange-rate service. SkyNet assumes no responsibility for Shipments abandoned in customs, and such Shipments may be considered undeliverable. 

11. SURCHARGES 
SkyNet reserves the right to assess fuel and other surcharges on Shipments without notice. The duration and amount will be determined at SkyNet’s sole discretion. The Sender, by tendering his Shipment to SkyNet, agrees to pay the surcharges in force at the later of the time of order or time of collection, such Charges to be determined by SkyNet at its entire discretion. 

12. CLAIMS 
All claims due to damage (visible or concealed), delay (including spoilage claims), shortage, non-delivery or mis delivery must be notified to SkyNet in writing within 21 calendar days after delivery of the Shipment, failing which no action for damages may be brought against SkyNet. Receipt of the Shipment by the Recipient without written notice of damage on the delivery receipt is prima facie evidence that the Shipment was delivered in good condition. As a condition for SkyNet considering any claim for damage the Recipient must make the contents, original shipping cartons and packaging (to be retained until the claim is concluded) available for inspection by SkyNet. 

13. CIRCUMSTANCE BEYOND OUR CONTROL 
SkyNet is not liable for any loss or damage arising out of circumstances beyond SkyNet's control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to SkyNet; any act or omission by a person not employed or contracted by SkyNet - e.g. Shipper, Consignee, third party, customs or other government official; third party cyber-attacks or other information security related threats; "Force Majeure" - e.g. earthquake, cyclone, storm, flood, fog, war, plane crash, embargo, riot, epidemic, pandemic, civil commotion, or industrial action. 

14. NON-WAIVER 
Any failure by SkyNet to enforce or apply a provision of these Carriage Conditions does not constitute a waiver of that provision and does not otherwise impair SkyNet’s right to enforce such provision. 

15. DATA PROTECTION 
The Customer agrees to share their Personal details and or the Personal details of their Customers with SkyNet for the purpose of pickup and or delivery of the shipments within Europe or anywhere in the world.  In case the Customer mentioned in this contract is receiving the Personal data of European citizens, and sharing it with SkyNet for the purpose of pickups or delivery of the shipments, it is the customer’s responsibility to ask for their customer’s consent prior to sharing that information with SkyNet. SkyNet may share personal details with their Network partners across the world to fulfill the requirements of shipments pickup and or delivery. SkyNet or any of its partners will not disclose personal details to any external party, and will not use this information for any marketing purposes.  In the unlikely event of a breach of information is noticed, SkyNet will make sure to bring the details to the customer’s knowledge within 72 hours of becoming aware of the breach. SkyNet will also coordinate the details with the local Information Commission Office for any details they may ask for.  
In case SkyNet or any of its Network member across the world employs any external parties for the purpose of shipments pickup or deliveries, the customer’s personal details will not be shared with any external parties unless prior consent has been taken from the customers. 

16. GOVERNING LAW 
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law. 

 

AND FOR PAXI

 

 

THESE TERMS AND CONDITIONS GOVERN YOUR RELATIONSHIP WITH US AND REGULATE YOUR USE OF THE PAXI SERVICE.

Paragraphs in bold

Please take special note of the paragraphs printed in bold since they:

1. constitute an acknowledgement of a fact by You;
2. limit and exclude obligations, liabilities and legal responsibilities which we will have towards You and also limits and excludes Your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on You; and/or
3. constitute an assumption of risk by You and may result in You being liable for increased or additional costs.

Introduction

1. For the purposes of these terms and conditions:
• "Associated Company" means any subsidiary, fellow subsidiary, fellow division, associated, holding or controlling company of Pepkor Trading (Pty) Ltd and/or any service provider thereof, from time to time;
• "Business Day" means a day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa;
• "Collection Site" means the site to which You intend sending the parcel using the PAXI Service;
• "PAXI Point" means any Pep Stores, Tekkie Town or ShoeCity in a city or town in the Republic of South Africa;
• "Original Site" means the site from which where a parcel was originally sent;
• "OTP" means one-time password;
• "PAXI" or "we/us/our" means PAXI a division of PEP a division of Pepkor Trading (Pty) Ltd (Registration Number 1958/003362/07), a private company registered in accordance with the laws of the Republic of South Africa with registered address at 36 Stellenberg Road, Parow Industria;
• "PAXI Customer Care Centre" means the telephonic assistance centre which may be contacted during Working Hours on 086 000 7294 or by chatting to us via Whatsapp on 021 010 1574, its primary function being to assist with any customer related enquiries concerning the PAXI Service;
• "PAXI Service/s" means shipment of a parcel from one participating PAXI Point to another;
• “Personal Information” means your personal information as defined and processed in terms of the Protection of Personal Information Act (Act 4 of 2013);
• "Recipient" means the person who collects the parcel from the Collection Site;
• "Sender" means the person who instructs us to send the parcel;
• "Working Hours" means the trading hours of the relevant PAXI Point;
• "You" means the Sender or Recipient, or both the Sender and Recipient, depending on the context.
2. These terms and conditions regulate the shipment of parcels from the Sender to the Recipient. It will become binding on the Sender for each parcel sent from the moment that you hand over the money at the point of sale when the PAXI Service is initiated. Where applicable it will become binding on the Recipient following his/her presentation of the OTP at the Collection Site.
3. PAXI is entitled to amend these terms and conditions, any feature or benefit and the fees and costs relating to the PAXI Service from time to time and it is Your responsibility to keep abreast of any change to the terms and conditions.
4. If You continue to use the PAXI Service after the new rules begin to apply, the amended rules will apply.
5. If You have any questions regarding these terms and conditions, You can contact the PAXI Customer Care Centre for assistance.

Overview of the PAXI Service

1. You can select a Collection Site at any participating PAXI Point.
2. You will be requested to provide us with Your details. In this regard, Your cell phone number and a valid form of identification will be requested and You must ensure that the information provided by You is true, accurate, current and complete in all respects. You authorise us to use the information to provide the PAXI Service to you.
3. You will be required to pay for the PAXI Service in full at the point of sale at the Original Site.
4. Once You have received a payment slip and handed it to the PAXI representative at the PAXI Point, You will be provided with a PAXI flyer bag.
5. You may place the item You intend to send into the PAXI flyer bag and once You have sealed it, You may hand it in at the PAXI counter at the Original Site.
6. PAXI will confirm Your order by sending You an sms confirmation together with a parcel reference number.
7. You can track Your parcel by using Your parcel reference number at www.paxi.co.za or by contacting the PAXI Customer Care Centre.
8. PAXI will send You and the Receiver another sms with an OTP and collection instructions once the parcel has arrived at the Collection Site.
9. The Recipient will be required to produce the OTP at the Collection Site. PAXI will only be required to verify the OTP presented by the Recipient at the Collection Site and will not be required to verify the identity of the Recipient. Should the Recipient, for any reason whatsoever, be requested to produce a form of identification, this shall be for PAXI's own internal records.

Prohibited items

1. The "Prohibited Items" are any of the following items: any item that weighs more than 10 kg's and/or is larger than 45cm x 37cm in dimension for a standard flyer bag and 64cm x 51cm in dimension for a large flyer bag; any dangerous goods including, but not limited to explosives, fireworks, crackers, radioactive materials, swords, knives , axes, chainsaws, firearms and/or ammunition and/or weapons, hazardous materials / flammable materials; any items that have contained oil or petrol; perishable food items / bulk foods; human remains / body parts or ashes; illegal goods or goods prohibited by any statute or law; live / dead animals; and valuable cargo including but not limited to precious jewels, gems, metals and money / currency, bullion, traveller’s cheques; alcohol; stand-alone lithium metal batteries and lithium-ion batteries; blood samples, laboratory specimens; aerosol cans / sprays, glass, mirrored items, crystal, ceramic, pottery, porcelain, plaster, marble, china, stone, slate, resin, granite and concrete; household goods containing flammable or corrosive liquids, such as oven or drain cleaners, perfume, aftershave, hairspray, nail varnish and remover and antiseptic wipes; specially packaged and sealed liquids, adhesives, paint, oil, creams and gels; and plants, seeds, flowers and plant derivatives; electronic devices, mobile phones, pornography, clinical/biological examples, and prescription medication including Schedules 3 to 6 medication, including narcotics and other prohibited and illegal drugs.
2. You are not allowed to place Prohibited Items in the PAXI flyer bag. PAXI reserves the right to, without penalty or any liability for alleged damage caused to you in doing so, retain and open a Parcel and/or hand it over to the appropriate authorities should it have a reasonable suspicion that any Parcel contains a Prohibited Item and/or illegal item, and if necessary to destroy the contents without (i) refunding You the PAXI service fee paid, and (ii) the general loss/damage cover as stated in 8 below or any other amount whatsoever.

Packaging

1. The obligation is on You to ensure that Your PAXI parcel is sealed and safely packaged to avoid any damage to Your parcel. For this reason, neither PAXI nor Any Associated Company will be liable to you for any damages or loss suffered by You due to physical damage to Your parcel.
2. You are responsible for ensuring that Your parcel is not overpacked and should not exceed the weight or size dimensions of the specific PAXI flyer bag you have purchased.

Delivery of parcels

1. Depending on the service type chosen, delivery can take between 3 to 5 business days or 7-9 business days.
2. PAXI will use its best endeavours to make sure that any parcel reaches the Collection Site within the Business Days set out above. The delivery times communicated by PAXI are estimates and subject to these terms and conditions. Accordingly, PAXI will not be liable for any delay in the delivery of the parcel unless it is directly caused by PAXI or any Associated Company's gross negligence or willful default.
3. Parcels will be held by PAXI for a period not exceeding 14 calendar days from arrival at the Collection Site. PAXI will send You an sms notification after the parcel has arrived at the Collection Site. PAXI may in its sole discretion contact You and/or send You further reminders if the parcel remains uncollected.
4. If any parcel has not been collected after 14 calendar days, then PAXI will return the parcel to the Original Site and inform You hereof via sms. Thereafter, where a parcel is not collected from the Original Site within a further 14 calendar days, PAXI shall, at its sole discretion, be entitled to donate, sell, store or destroy the parcel.

Safety of OTP and unauthorised use of the OTP

1. You must keep Your OTP secure and You must not give it to anyone else.
2. If You suspect that the confidentiality of the OTP has been compromised, You should immediately advise us by contacting the PAXI Customer Care Centre.
3. If any unauthorised person obtains the OTP in any manner whatsoever, such a person will be regarded as Your proxy with permission and with full authority to collect the parcel at the Collection Site on Your behalf, unless You are able to prove that the person has obtained the OTP as a result of PAXI's gross negligence or wilful misconduct.

Limitation of liability

1. You use the PAXI Services at Your own risk.
2. Under no circumstances will PAXI or any Associated Company be liable to You for any:
• damages or loss suffered by You due to physical damage to Your parcel unless it is directly caused by PAXI's gross negligence or wilful default;
• indirect, special and/or consequential losses and/or damages; and
• delay or failure to fulfil its obligations under these terms and conditions to the extent that any such delay or failure arises from causes beyond its control, including but not limited to fire, floods, acts of God, acts or regulations of any governmental or supranational authority, war, riot, terrorist activities, strikes, lockouts and industrial disputes and/or any system outages.
3. Notwithstanding clause 8.2, where PAXI is found to be liable by a court of law or otherwise, PAXI or any Associated Company's liability for any loss suffered by You, will be limited to the amount of R500.00.
4. In the case of additional PAXI parcel cover purchased, PAXI or any Associated Company’s liability is specifically limited to the value of the parcel or R2500 or R5000, depending on the cover purchased or the value of Your loss, whichever amount is less.
5. PAXI parcel cover vouchers:
• Any total loss or theft of a PAXI Parcel whilst in the possession, control or custody of PAXI or any PAXI Service Point or PAXI authorised courier, is limited to the maximum value of R2500, for R10 parcel cover voucher purchased, or R5000 for R20 parcel cover voucher purchased respectively, or the value of Your loss, whichever amount is less, payable in cash to the person who has delivered a parcel to a PAXI Service Point, and who has a valid PAXI Parcel Cover Voucher at the time that the PAXI Parcel was lost or stolen.
• Only one claim per PAXI Parcel Cover Voucher is allowed.
• Exclusion: Any damages to Your PAXI Parcel whilst in the possession of PAXI is not covered. Only total loss or theft of the parcel whilst in the possession of PAXI, is covered.
• Premium: R10 for up to R2500 cover or R20 for up to R5000 cover
• Period: A PAXI Parcel dropped within and including the 7th day from date of voucher purchase will be covered.
• PAXI parcel cover vouchers are non-refundable.
• Expiry: The PAXI Parcel Cover Voucher expires:
• At midnight on the 7th day from the date of purchase (including the date of purchase); and
• Upon settlement of a claim
• To activate: WhatsApp Your PAXI Parcel Cover Voucher Number to 021 010 1574 to activate Your voucher within 24 hours of voucher purchase
• To claim: Call 086 000 7294 – You must notify us of Your claim within 14 calendar days of the loss of the parcel. You will be asked to provide Your voucher number and parcel number.
• If you do not submit a claim within 6 months after the loss of Your parcel, Your benefits will be lost. This is in terms of the PAXI embedded insurance and PAXI Parcel Cover Voucher, whichever option applies to Your loss.
• Intermediary: Pepkor Trading (Pty) Ltd t/a PAXI FSP 3247 / Underwritten by Abacus Insurance Ltd.

Indemnity and warranty

1. You undertake that You are the lawful owner of the parcel, alternatively that You are the duly authorised representative of the lawful owner of the parcel and that the parcel will not contain any Prohibited Items.
2. You indemnify PAXI and/or any of its Associated Companies against any damage, loss and/or consequential damage that You may suffer as a result of any breach of any undertaking and/or warranty by You; and incorrect, wrong, unauthorised and/or wrongful instructions or information given by You or any other person authorised or deemed to be authorised to act on Your behalf or as a result of incorrect, unauthorised and/or wrongful delivery or collection of parcels.
3. You warrant to us that You have the required legal capacity to enter into and be bound by these terms and conditions.

Use of Your Personal Information

1. By making use of the PAXI Services You consent:
• to PAXI collecting, using and storing Your personal information, including cellphone number, name, identity number and transactional information ("Personal Information") provided during the registration process or thereafter and Your transactional information in order to render the PAXI Service and to comply with legal and regulatory obligations; and
• that educational and/or informative and/or promotional messages may be sent to You.
2. The consent provided in terms of clause 10.1 above is voluntary, but if You do not provide such consent to us, we will not be able to provide You with the PAXI Services.
3. Where You have given us further consent, You also agree to:
• the processing of Your Personal Information by PAXI and other companies in the Pepkor group ("Pepkor Group"), any of their operators, commercial partners, agents and subcontractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep Your Personal Information confidential and will only use Your Personal Information for the purposes of providing information about products and services to You and to comply with legal and regulatory obligations;
• the collection of Your Personal Information from any other source to supplement the information which the Pepkor Group has about You;
• the retention of Your Personal Information indefinitely, unless You object, in which case we will retain such information for as long as legally permitted;
• the use of Your Personal Information to send You information about products, services and special offers offered by the Pepkor group and its commercial partners that may be of interest to You;
4. The consent provided in terms of clause 10.2 above is voluntary and You can withdraw such consent at any time by contacting the PAXI Customer Care Centre.
5. If You choose to be excluded from direct marketing campaigns in the future from us, You must advise PAXI by contacting the call center or You can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge You a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.
6. You must keep us informed of any changes in Your Personal Information provided to us during the registration process.
7. Subject to applicable law, You may access the Personal Information we have about You by contacting the PAXI Customer Care Centre.
8. If You are unhappy about the way Your Personal Information is being processed, You should contact the PAXI Customer Care Centre.

General

1. These terms and conditions are the only record of the contract between the parties in regard to the subject matter of these terms and conditions. Unless a court holds otherwise, no party is legally obliged to comply with any term, condition or undertaking not recorded in these terms and conditions, and these terms and conditions replace any arrangement or understanding held by the parties before these terms and conditions governed their relationship.
2. The parties acknowledge that each provision of these terms and conditions is separate. If any provision of these terms and conditions is or becomes illegal, invalid or unenforceable for any reason, it must be treated as if it had not been included in these terms and conditions. This does not:
• make the rest of these terms and conditions illegal, invalid or unenforceable; or
• affect the legality, validity or enforceability of any other provision or these terms and conditions as a whole.
3. PAXI may use the services of any subcontractor for the purpose of fulfilling our obligations under these terms and conditions in whole or in part.
4. If You breach these terms and conditions and PAXI chooses to ignore this, or if PAXI delays enforcing any of its rights against You, PAXI will still be entitled to use its rights and remedies at a later stage in time or in any other situation where You breach the terms and conditions.

Age Restriction

1. By using the service, you affirm that you are 18 years of age or older.
2. If you are under the age of 18, you may only use the service with the involvement of a parent or legal guardian.
3. By using the service, you warrant that you are legally capable of entering into binding contracts and that all information you provide is accurate and truthful.
4. We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion if we believe that any user violates applicable laws or is under the age of 18 without proper parental or legal guardian consent.