Terms & Conditions

Xanthina Trading (Pty) Ltd t/a PackMan Terms and Conditions

Introduction

  1. This website can be accessed at www.packman.za.com and is owned and operated by Xanthina Trading (Pty) Ltd t/a PackMan hereafter referred to as “PackMan”.
  2. These website terms and conditions govern the relationship between the client requiring the contract packaging services of various products, sale and delivery thereof.
  3. These terms and conditions are binding and enforceable against every person that accesses or uses this website. By using this website, the client acknowledges that they have read, and agree to be bound by these terms and conditions.
  4. Below, are the terms and conditions of PackMan. Should you have any queries regarding these terms and conditions, please email PackMan at packmanx@telkomsa.net

Important Notice

  1. These terms and conditions apply to clients who are consumers for the purposes of the Consumer Protection Act, Act 68 of 2008 (the “CPA”).
  2. These terms and conditions contain certain provisions that may:
    • limit the risk or liability of PackMan; and/or
    • create a risk or liability for the client; and/or
    • compel the user to indemnify PackMan; and/or
    • serve as an acknowledgement, by the client of fact.
  3. If there is a provision in the terms and conditions that the client does not understand, it remains the responsibility of the client to request clarification or an explanation from PackMan before accepting the terms and conditions, or continuing with use of the website.
  4. Nothing in the terms and conditions is intended, or should be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created either for the client or PackMan in terms of the CPA.
  5. PackMan permits the use of this website subject to the terms and conditions. By making use of this website in any way, the client is deemed to have accepted the terms and conditions unconditionally.

Use of the website

  1. By using the website, the client warrants that he/she is not younger than 18 (eighteen) years of age and is of full legal capacity.
  2. The client agrees not to, in any way, use any device, software or other instrument to interfere or attempt to interfere with the proper working of the website.
  3. The client agrees not to, in any way, display, publish, copy, print, post or otherwise use the website and/or the information contained therein without the express prior written consent of Packman.

Electronic communications

  1. By visiting the website, and/or the submission of e-mails by the client to PackMan, the user consents to receive communications from PackMan and/or any partners of PackMan electronically in accordance with the privacy policy of PackMan.

Costing and payment

  1. The costing of any services rendered will be at the price as per PackMan’s quotation.
  2. Any advertisements placed by PackMan are for guideline purposes only and will not be binding on PackMan. PackMan further has the right, from time to time, for any reason and without notice to the client, to change the costing of any services.
  3. Notwithstanding the request for the rendering of services by the client, and the acceptance thereof by PackMan, PackMan may revise the quotations or costing with or without notice to the client, inter alia in the event of an increase in the rendering of such services or currency fluctuations which occur after the date of request.
  4. The client will pay to PackMan the amount agreed upon, into an account specified by PackMan to the client in writing from time to time, free of deduction, demand, set-off, bank charges or commission.
  5. All amounts due and payable to PackMan will be made directly to PackMan. No payment made to PackMan’s employees, agents or third parties will be regarded as proper payment to PackMan.
  6. No discount or rebate granted to the client will be binding on PackMan unless the Director has agreed to such discount or rebate in writing.
  7. Should the client fail to make any payment, or any portion thereof, timeously, PackMan will be entitled at its sole discretion to withdraw or reverse any agreed upon discount or rebate.
  8. Unless the client objects to any amount due and payable within 7 (seven) days of the issued invoice, the client will be deemed to accept that the invoice is correct.
  9. Notwithstanding the timeous raising of a dispute of liability by the client, the client may under no circumstances, be entitled to withhold payment in respect of the services rendered by PackMan, pending the resolution of such dispute.

Instructions for services to be rendered

  1. All instructions for the rendering of any services must be done in writing.
  2. All verbal instructions may be accepted by PackMan, however, PackMan will not be responsible for any errors or misunderstandings occasioned by the client’s failure to reduce such instructions to writing.
  3. PackMan may require a deposit to be paid when an instruction is submitted.

Ownership and Copyright

  1. The contents of the website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade marks, patents, designs and service marks which are displayed on or incorporated in this website are protected by law, including but not limited to copyright and trade mark law. The website content is the property of PackMan.
  2. The client will not acquire any right, title or interest in or to the website or the contents thereof.
  3. Any use, distribution or reproduction of the website and/or its content is strictly prohibited, unless expressly authorised in terms of these terms and conditions, or otherwise provided for in law.
  4. Where any of the website content has been licensed to PackMan or belongs to any third party, the client’s rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time. The client hereby agrees to such terms and conditions.

Disclaimer

  1. The use if this website is entirely at the client’s risk, and the clients assume full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website.
  2. Whilst PackMan takes all reasonable measures to ensure that the content of the website is accurate and complete, PackMan makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the website or as to the accuracy, completeness or reliability of any information on the website. If any such representation or warranties are made by PackMan’s representatives, PackMan will not be bound by it.
  3. PackMan disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the client’s access to or use of the website and/or any content therein, unless otherwise provided by law.
  4. In addition to the disclaimers contained elsewhere in the terms and conditions, PackMan also makes no warranty or representation, whether express or implied, that the information available on the website are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security, functionality or content of the clients’ computer system, computer network, hardware or software in any way. The client accepts all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or the client’s hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of PackMan, its employees, agents or authorised representatives. PackMan thus disclaims all liability for any damage, loss or liability of any nature whatsoever, arising out of, or in connection with the client’s access to use of the website.

Linking to third party websites

  1. This website may contain links or references to other websites which are outside the control of PackMan. These terms and conditions do not apply to those websites and PackMan is not responsible for the practices and/or privacy policies of those websites or the ‘cookies’ that those sites may use.
  2. Despite the fact that this website may refer to other websites, the clients’ use of such websites is entirely at the risk of the client, and PackMan will not be responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the client’s use of such website or the client’s reliance on any information contained therein.

Limitation of liability

  1. PackMan cannot be held liable for any inaccurate information published on the website, except where such liability arises from the gross negligence or wilful misconduct of PackMan, its employees, agents or authorised representatives.
  2. PackMan will not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the client’s use of, or reliance on, the website or the content contained in the website, or the clients’ inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
  3. The client hereby indemnifies PackMan against any loss, claim or damage which may be suffered by the client or any third party arising in any way from the client’s use of this website, and/or any linked third party website.

Availability

  1. PackMan will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods, and reserves the right to discontinue providing the website or any part thereof with or without notice to the client.

Governing law and jurisdiction

  1. These terms and conditions and the relationship between PackMan and the client, and/or any dispute arising from or in connection with these terms and conditions will be governed and interpreted in accordance with the laws of the Republic of South Africa. The client’s continued use of the website will constitute the client’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these terms and conditions.
  2. In the event of any dispute arising between the client and PackMan, the client hereby consents to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
  3. Nothing in this clause or the terms and conditions limits the client’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Notices

  1. PackMan hereby selects 8 Cam Crescent, Robertville, Florida, 1709 as its address for the service of all formal notices and legal processes in connection with these terms and conditions. PackMan may change this address from time to time by updating these terms and conditions.
  2. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
    • by hand will be deemed to have been received on the date of delivery;
    • by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
    • by email will be deemed to have been on the date indicated in the “read receipt” notification. All email communications between the client and PackMan must make use of the “read receipt” function to serve as proof that an email has been received.

Information

  1. For the purposes of the ECT Act, PackMan’s information is as follows, which should be read in conjunction with other terms and conditions contained on the Website:
    • Full name: Xanthina Trading (Pty) Ltd t/a PackMan registered in South Africa with registration number 2014/005572/07.
    • Main business: Packaging and delivery of various products.
    • Physical address for receipt of legal service: 8 Cam Crescent, Robertville, Florida, 1709 or P O Box 826, Florida Hills, 1716.
    • Office bearers: Costas Panagides.
    • Official email address: packmanx@telkomsa.net
    • PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from our website.

General

  1. PackMan may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website.
  2. Any failure on the part of the client or PackMan to enforce any right in terms hereof will not constitute a waiver of that right.
  3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  4. No variation, addition, deletion, or agreed cancellation of the terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
  5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show, grant or allow to the other (the “grantee”) will constitute a waiver by the grantor of any of the grantor’s rights and the grantor will not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
  6. These terms and conditions contain the whole agreement between the client and PackMan and no other warranty or undertaking is valid, unless contained in this document between the parties.

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