2. By using or accessing PARGO, you indicate that you have read, understood and accept these User Terms of Service, together with all other terms and conditions available on our website www.pargo.co.za, and that you agree to abide by them.
3. We encourage you to read these User Terms of Service, and contact us via firstname.lastname@example.org if you have any particular questions in relation to PARGO. If you do not agree to these User Terms of Service use, you must refrain from using PARGO.
4. In these User Terms of Service “you” includes anyone acting on your behalf or with your express or implied authority.
5. PARGO (“Services” or “PARGO”) are offered by Pargopoints (Proprietary) Limited reg. 2013/219029/07 (“PARGO“, “Operator” or “us”) and its registered carriers and agents (hereinafter referred to as the “Agents” or “Participating Outlets”). The Services are available to individuals of at least 18 years of age, residing within the Republic of South Africa and/or incorporated entities who are required to register by completing the registration form and returning the same to email@example.com, prior to using the Service (“Users”).
6. The Services include the Delivery Service and the Returns Service (or such other services as the Operator may advice or offer from time to time). There is currently one Collections Service: the Retailer Collections Service.
7. The Delivery Service allow Users to have parcels, packages or goods (“Parcels”) sent or redelivered to the address of an outlet of a nominated PARGO Agent participating in the PARGO scheme (“Participating Outlets”), where they will be securely stored for subsequent collection by the User’s consignee (“End User”) during the Agent’s opening hours.
8. The Returns Service allows End Users to lodge Parcels at a Participating Outlet, where they will be securely stored for subsequent collection by an independent carrier or other delivery agent for delivery by such carrier or other delivery agent to a Participating User.
9. The sale of credits to use our service are payable up front and not refundable.
Limitations: PARGO provides all the services in terms hereof subject to the standard terms and conditions of its carrier Agent, but not limited to, CourierIT SA (Pty) Ltd, which terms and conditions are available on request from firstname.lastname@example.org.
10. PARGO and its Agents will not carry, handle, deal or convey any unlawful, dangerous or (by their nature) liable to cause injury or damage to persons, goods or property, including but not limited to fluids, paints, acids, chemicals, explosives or radioactive material, fire-arms or parts thereof, drugs, live or dead plants or animals, perishable foods, cosmetics and liquor, fine arts and antiques, literature or materials that may be pornographic, offensive, or politically sensitive, precious stones or jewellery including commercial carbons or industrial diamonds, precious metals, gold or silver in the form of bullion, coin, dust, cyanides, precipitates or any other form, currency (paper or coin) of any nationality, negotiable securities, stock, bonds, certificates, coupons or stamps, negotiable cashier’s cheques, money orders or traveler’s cheques and any other carriage of goods which is prohibited by any applicable laws, rules and/or regulations.
If your Parcel is suspected by PARGO or its Agents (in their sole and absolute discretion, exercising reasonable care) of containing unlawful, dangerous or prohibited goods, your Parcel may be destroyed and/or notified to the appropriate authorities.
11. Should the User deliver any unlawful, dangerous or prohibited goods in a Parcel to the Operator or its Agents, or cause the Operator or its Agents to carry, handle, deal or convey with such goods:
11.1. The User shall be liable for any and all loss or damage caused by, or in connection with the goods however arising and shall indemnify the Operator and its Agents against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of PARGO and/or its Agents or by any other person in whose custody they may be at the relevant time.
11.2. PARGO and its Agents shall be under no liability whatsoever in connection with the goods however arising.
12. Only Parcels weighing up to 15kg and with dimensions up to 40cm x 40cm x 40cm will be accepted. You must contact PARGO in advance prior to using the Service if your Parcel is, or is likely to be, either heavier than 15kg or having its longest side greater than 40cm. The actual weight of the Parcels will be measured and weighed and the sender will be charged (payable upfront before release to receiver) for any additional costs relating the weight differences found. Please note that you will be charged the HIGHER
of actual vs volumetric weight.
HOW TO CALCULATE VOLUMETRIC WEIGHT
: (LENGTH IN CM X WIDTH IN CM X HEIGHT IN CM) / 5000
13. PARGO and its Agents reserve the right to refuse delivery or lodgement of a Parcel at a Participating Outlet if the Parcel:
13.1. Exceeds the weight or dimensions stated herein, unless otherwise agreed by PARGO in advance;
13.2. Is not clearly and correctly addressed and/or packaged, using the address provided by PARGO; or
13.3. Contains or is suspected of containing unlawful, dangerous or prohibited goods, as set out in www.pargo.co.za or the terms and conditions of its Agents.
14. Fees may be applicable for use of the Services, and are subject to change. Fees for the Open Delivery Service and Re-Delivery Delivery Service are available on request from email@example.com and shall be provided to you by return electronic mail.
15. For Services not detailed on our website, you may request a quote for any applicable fees by emailing firstname.lastname@example.org.
16. Except where otherwise agreed and arranged with PARGO, where fees are required to be paid by you for the Delivery Service, these must be paid prior to collection of the Parcel from PARGO Agent.
17. In the event that PARGO agrees (in writing) to invoice you in arrears, the following shall apply:
17.1. PARGO’s credit application form must be completed and approved by our credit department
17.2. PARGO’s terms of payment are 30 (thirty) days from date of the invoice (“due date”) and may be tendered either by cash or electronic funds transfer.
17.3. If any amounts owing by the you to PARGO remains unpaid on due date:
17.3.1. all other amounts owing by the you to PARGO, whether due and payable or not, shall become due and payable immediately; and
17.3.2. PARGO shall be entitled, but not obliged (without prejudice to any other rights it may have against the you) to:
220.127.116.11. rescind or suspend performance of any of its obligations to deliver or further
warehouse the Consignment;
18.104.22.168. forfeit all discounts granted to you; and
22.214.171.124. to charge interest on all overdue amounts at an interest rate of 2% (two
percent) above the mora interest rate prescribed in terms of the Prescribed
Rate of Interest Act, 1975 (Act No. 55 of 1975, as amended), calculated
from the date of default until such time as the final payment in relation to the
outstanding amount (including interest thereon, calculated daily and compounded
monthly in arrears) has been fully paid.
17.3. PARGO shall be entitled to payment of any charges, disbursements or any amounts due to it, despite any dispute between the parties in relation to previous invoices or debit notes (whether including or partly including the amounts now sought to be charged), and whether or not any notice was given that further debits were to follow.
17.4. A certificate signed by a director of PARGO shall be deemed to be sufficient proof of any indebtedness to PARGO and if you do not query an invoice sent to it by that Company in writing within 15 (fifteen) business days from the date of the invoice, such invoice will be deemed to be correct in all circumstances.
18. Where fees are required to be paid by you for the Returns Service, these must be paid prior to lodgement of the Parcel at PARGO Agent.
19. The provision of PARGO services is facilitated via PARGO website, thereby acting as a conduit site facilitating retail collections and returns processes. PARGO should only be construed strictly in this context.
20. No endorsement or affiliation of third parties (such as retailers, carriers or other delivery agent) shall be construed in any manner whatsoever, notwithstanding anything else contained herein or otherwise. A reference or link to a third party (such as a retailer, carrier or other delivery agent) is provided in the context of a conduit site only facilitating retail collections and returns processes. Save where the context indicates otherwise, such references are provided for your information and convenience only. We have no control over the contents, quality or integrity of those third parties (such as retailers, carriers or other delivery agent) and we accept no liability of them or for any loss or damage that may arise from your use of their products or services (notwithstanding anything else contained herein).
21. Your interactions and any delivery arrangements with such third parties are at your own risk and you recognise that the services provided by such third parties are not provided by us but by the relevant third party. You should carefully review the terms and conditions relevant to such third party.
22. Your carrier contract for the delivery of your products from such third party carrier or other delivery agent shall be solely and completely between you and the relevant third party carrier (and not PARGO).
23. We make no warranty about the standard or quality of services provided by the carrier or other delivery agent, and we are not responsible or liable for same in any manner whatsoever.
The Collections Service
24. When a Parcel is available for collection, the End User will receive notification via email and/or SMS, depending on the contact details provided to us when requesting the delivery. The notification will contain a unique PARGO Code that will be requested at collection.
25. The End User will be advised periodically that their Parcel is ready for pickup. If it has not been collected within 8 calendar days of the first delivery notification, we will return the Parcel to the original sender and at the sender’s cost, unless prior arrangements have been made in writing between you and PARGO. Collection periods might be extended on a case-by-case basis if agreed by PARGO and/or its Agent(s) (request at email@example.com). Additional fees will apply (1) where PARGO or its Agents chooses to retain Parcels for a longer period (max. 30 days); (2) for longer collection periods requested and approved by PARGO.
The Returns Service
26. Participating Users may elect either: (1) to always allow returns from End Users; or alternatively, (2) require End Users to contact them for return confirmation. Whichever option is elected by the User, End Users will in both cases be required to produce a unique PARGO Return code at the Participating Outlet of their choice, which will be provided to the User by PARGO, on the PARGO portal.
27. Users will be able to track progress of returns using the PARGO Portal or by contacting PARGO.
The Delivery Service
28. For the security of your Parcel, the End User will be required to produce an unique PARGO Code received at notification and a recognised identification document such as a South African Identity Document or Drivers Licence, matching the intended recipient on the Parcel, when collecting their Parcel from the Participating Outlet. We may record a copy of the identification document for audit purposes. If the End User cannot produce such identification documents on demand, PARGO reserves the right (in its sole and absolute discretion) to either refuse to release any collection and such refusal would be deemed to be a failure to collect on their behalf, or to release the parcel against production of the PARGO Code only, which release shall release PARGO from all liability in respect of the Parcel.
29. Where someone is collecting the Parcel on the End User’s behalf, PARGO requires this person to produce a copy of a recognised identification document such as a South African Identity Document or Drivers Licence, matching the intended recipient on the Parcel. If the person collecting on the End User’s behalf cannot produce the aforementioned copy on demand, PARGO reserves the right (in its sole and absolute discretion) to either refuse to release any collection and such refusal would be deemed to be a failure to collect on their behalf, or to release the parcel against production of the PARGO Code only, which release shall release PARGO from all liability in respect of the Parcel.
The Delivery Service
30. If your Parcel is lost, damaged or stolen when in the possession of a PARGO Agent, PARGO may (in its sole and absolute discretion) reimburse you up to R50 or the value of your Parcel (whichever is lesser), unless such loss or damage is caused or contributed by you. Please note that PARGO’s agents’ liability is likewise regulated in terms of their standard terms and conditions, see the Carrier Terms and Conditions
31. The End User is advised to check the Parcel for any damage prior to accepting it from a PARGO Agent, as no responsibility will be taken for damaged Parcels once they have collected the Parcel.
The Returns Service
32. If your Parcel is lost, damaged or stolen once the End User has lodged the Parcel at a PARGO Agent, and before it has been collected by the third party carrier, PARGO may (in its sole and absolute discretion) reimburse you up to R50 or the value of your Parcel (whichever is lesser), unless such loss or damage is caused or contributed by the End User (the User does not handle the parcel and is not the one dropping it off at the pick-up point). Please note that PARGO’s agents’ liability is likewise regulated in terms of their standard terms and conditions, copies of which are available on written request.
33. To the maximum extent permitted by law, the Operator, its directors, employees, contractors and agents exclude any and all liability whatsoever to you (or anyone else) arising out of or in any way connected with these User Terms of Service or PARGO for any direct, indirect, special or consequential loss, loss of profits or savings, loss of income, loss of business, loss of opportunity, howsoever arising and whether caused by a breach of statute, breach of contract, negligence or other source. Without limiting foregoing, you agree that in no event shall our maximum aggregate
liability exceed R50 per parcel.
34. The Operator and its agents take no responsibility or any liability in relation to: (a) fragile goods (such as glassware); (b) non-working goods (such as faulty electronics); (c) Parcels left at a Participating Outlet outside of its opening hours; or (d) anything else set out in www.pargo.co.za
Access and Registration
35. Access to PARGO site and PARGO partner sites is permitted on a temporary basis. We will not be liable if for any reason PARGO site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of PARGO site, or the entire site. You are responsible for making all arrangements necessary for you to have access to PARGO site. You are also responsible for ensuring that all persons who Access PARGO site through your Internet connection are aware of these terms, and that they comply with them.
36. If you choose, or you are provided with, log-in details, a user identification name, password or any other piece of information as part of our security procedures (“log-in information”), you must treat such information as confidential and keep it secure, and you must not (a) disclose it to any third party; (b) store such log-in information in any form, whether encrypted or encoded or otherwise, in any location where such information could be copied, utilised or distributed by any other person, virus, software or any other third party; (c) allow or enable a third party to freely access our site via your log-in information. If you are aware of any unauthorised use of your log-in information, or if your log-in information has been compromised or known to a third party, you must immediately notify us. Notice provided by you in these circumstances does not release you from your responsibilities under these User Terms of Service. We have the right to disable any login information, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these User Terms of Service.
37. You agree that PARGO and its Agents shall have the right to claim from you for all damage, loss, costs, loss of profit and/or other patrimonial losses it may suffer as a result of your failure to comply with these User Terms of Service, inclusive (without limitation to the aforementioned) any unavailability of PARGO site due to viral activity or hacking as a result of your failure to keep your log-in details confidential.
Intellectual Property Rights
38. We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our platform, technology or solution, PARGO and PARGO site, and the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Regardless of whether such works may be protected by
intellectual property laws around the world, all such rights are reserved.
Carrier Terms and Conditions
39. By using any PARGO Service, you hereby also accept the conditions of carriage of the nominated carrier, which in the event that the nominated carrier is CourierIT SA (Pty) Ltd (“CourierIT”), which are available on request at firstname.lastname@example.org. Without limiting the foregoing, you indemnify the Operator and CourierIT and its Courier Franchisee or authorised contractor against any claim for loss and/or damage relating to any Parcel left at a PARGO Agent.
40. By using PARGO Returns Service you hereby accept the conditions of carriage of the nominated carrier, which are available on request at email@example.com.
41. When using PARGO Returns Service, the End User will be liable for any futile booking fee (or similar fees, penalties or charges) imposed by a carrier or other delivery agent, unless PARGO has made the Parcel available for collection outside of the Participating Outlet’s opening hours.
42. The End User appoints PARGO as its agent so that PARGO has the power and authority to deal with the Parcel in any manner it sees fit, as contemplated by these User Terms of Service, or as otherwise required in order to facilitate PARGO providing the Services. Without limiting the foregoing, PARGO may collect or retrieve the Parcel from locations outside of a Participating Outlet, such as a local post office.
43. The Operator is not a carrier or other delivery agent, but rather a facilitator in procuring an opportunity for you to collect or return your purchased goods, via a Participating Outlet. The Operator is not a common carrier, and will act as a conduit to accept goods for carriage only on these conditions and reserves the right in its absolute discretion to refuse to accept goods for carriage to any package tendered to it for transportation.
44. The Operator reserves the right, in its absolute discretion as to the means, route and procedure to be followed in the handling, storage and transportation of the Parcels.
45. These User Terms of Service may change at any time without notification, and the latest version is available via www.pargo.co.za.
47. Nothing herein is intended to, or shall operate to, create a partnership, agency or joint venture between you and us.
48. We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, war or national emergency, acts of terrorism, fire, explosion or flood.
49. These User Terms of Service and any dispute or claim arising out of or in connection with same shall be governed by and construed in accordance with the laws of the Republic of South Africa and the parties submit to the jurisdiction of the Western Cape High Court, Cape Town. If you have any questions or concerns, please contact us via firstname.lastname@example.org.