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Terms & Conditions of Service

GENERAL TERMS & CONDITIONS OF USE – PHASE 1 (VECTOR AS SHIPPER)
Last Updated July 2020
1. KEY TERMS
"Cargo" means the goods, packages and/or parcels which are to be transported on a Trip.
"Carrier" means a Member, which offers a Trip in response to a Listing posted by the Company.
"Company", "we", "our", "us" means Vector Logistics (Pty) Ltd registration number 2002/009081/07
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Listing" means a request for transport of Cargo, that is listed on the Site, each Listing representing a single transaction.
"Member" means a Carrier which completes the required EmptyTrips account registration process,
"Personal Information" means information relating to a living person or existing legal entity, as defined in the Protection of Personal
Information Act No. 4 of 2013 (“POPI”)
"Platforms" means collectively the Site as well as anysocial media accounts operated under the Empty Trips brand
"Site" means, collectively, www.EmptyTrips.com and any other website, mobile or desktop application used to access the Empty Trips
website
"Trip" means the commercial conveyance of Cargo, originating out of a Listing.
"User" means a person and/or company which accesses the Platforms (including a Member).
"you”, “your” – means a User and/or Member.
2. INTRODUCTION
2.1. Your access to, and use of, the Platforms is subject always to these Terms and Conditions ("Terms"), by using the Platforms you
expressly agree to these Terms.
2.2. The Company reserves the right, at its sole discretion, to modify the Platforms or to modify these Terms, at any time and
without prior notice. If we modify these Terms, we will post the modification on the Platforms, and update the "Last Updated
Date" at the top of these Terms.
2.3. The current version of these Terms will apply each time that you access and use the Platforms, and by continuing to access or
use the Platforms after we have posted a modification on the Platforms, you are indicating that you agree to be bound by the
modified Terms.
2.4. Users must be 18 or older to sign up or make use of the Platforms
3. ACCOUNT
3.1. You are required to register an Empty Trips account, and become a Member in order to access the Listings
3.2. the Company retains the right to decline to register any party as a Member on its Platforms, in its sole discretion.
3.3. the Company may determine certain requirements that you will need to meet when choosing a user name or password. These
requirements may be changed from time to time and you may be required to update your credentials.
3.4. You warrant that all information provided by you at any time to the Company, will be true, accurate, current and correct and
you undertake to update the information as and when required
3.5. The entity which registers as a Member must be the Carrier which will provide the Trips, no entity may which acts as a
transport agent or broker for a third party may utilize the Platforms.
3.5.1. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any
time, decide to limit, suspend, deactivate or cancel your EmptyTrips account.
3.5.2. If your EmptyTrips account is cancelled, or if you cease to use the Platforms, we do not have an obligation to delete or
return to you any of the Content you have posted to the Platforms or otherwise provided to the Company.
4. LISTINGS
4.1. The Company will post Listings from time to time on the Site, and any Carrier which wishes to provide the Trip in such Listing,
will be entitled to submit a bid via the Site
4.2. A Carrier is not entitled to bid on behalf of a third party, nor may it bid in its own name, and subsequently subcontract the Trip.
4.3. Once a Carrier’s bid is accepted, the Carrier will receive a transactional mail confirming the Trip (“Confirmation”).
4.4. On receipt of a Confirmation the Carrier will be bound by the Master Transport Agreement – Linehaul in respect of that Trip, a
copy of which is available on request.
4.5. The Company reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
5. ELECTRONIC COMMUNICATION
5.1. When you visit the Platforms or send e-mails to us, you accept that we can communicate with you electronically.
5.2. Any electronic communication (for example, an e-mail or SMS) sent to you will be regarded to have been received by you upon
being sent by the Company. This includes but is not limited to mobile push notifications.
5.3. If you are a Member, you consent to receiving communications from us via e-mail, SMS and / or push notifications.
5.4. The Company takes all reasonable steps to protect your Personal Information and maintain confidentiality. However, we cannot
guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.
5.5. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any
legal requirement that the communications be in writing.
5.6. The Company will never ask for information such as your credit card number, user name, or password in an e-mail, and we
strongly recommend that you do not respond to these e-mails and that you do not click on any link. The Company will not be
responsible for any consequences resulting from your response to any such email sent by a “phisher” or a “spoofer.


6. USER CONDUCT
6.1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations that may
apply to your use of the Platforms.
6.2. The following actions shall automatically be material breaches of these Terms:
6.2.1. signing in as, or pretending to be, another person;
6.2.2. any infringement, misappropriation, or violation (whether actual or attempted) of the intellectual property or privacy
rights of the Company or any third party;
6.2.3. interference with or damaging the Platforms, breaching, or circumventing any security or authentication measures, or
using automated scripts to collect information from or otherwise interact with the Platforms;
6.2.4. submitting a bid in respect of a Trip where you do not actually provide the Trip yourself;
6.2.5. registering for more than one EmptyTrips Account for the same individual or entity, or registering for an EmptyTrips
Account on behalf of an individual or entity other than yourself;
6.2.6. posting, uploading, publishing, submitting or transmitting any Content that: (i) violates, or encourages any conduct
that would violate, any applicable law or regulation or would give rise to any liability; (iii) is fraudulent, false,
misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination,
bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes
violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or
substances
6.3. You also agree that any use of your access details shall be regarded as if you were the one using those access details.
7. INTELLECTUAL PROPERTY
7.1. You acknowledge and agree that the Platforms, including all associated intellectual property rights (whether registered or
unregistered), are the exclusive property of the Company, and you will not:
7.1.1. remove, alter or obscure any intellectual which is incorporated in or which accompanies the Platforms.
7.1.2. use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display,
publicly perform, transmit, broadcast or otherwise exploit any aspect of the Platforms, except as expressly permitted
in these Terms.
7.2. Nothing on the Platforms should be regarded as granting you any license or right to use any intellectual property without
Empty Trip's prior written permission.
7.3. If you breach the terms of this clause 7, the Company will have the right to claim damages against you, including the right to
claim special, incidental, consequential or indirect damages, loss of profits and loss of business as well as all legal costs on a
scale as between attorney and own client
8. THIRD PARTY LINKS
8.1. The Platforms, may contain images and links to third party websites, including (without limitation) social media platforms,
payment gateways, appointment scheduling and/or live chat platforms ("Third Party Websites"). If you select a link to any
Third Party Website, you may be subject to such Third Party Website's terms and conditions and/or other policies, which are
not under our control, and we are not responsible for the information, content or material on any Third Party Website.
8.2. Links to Third Party Websites are provided "as is", and you agree that the inclusion of links does not imply an endorsement by
the Company of the Third Party Website, its business or security practices, or any association with its operators.
8.3. The Company does not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on
such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or
material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
8.4. You should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to
them. the Company does not accept any responsibility for any loss or damage in whatever manner, howsoever caused,
resulting from your use of such Third Party Websites and/or disclosure to third parties of any personal information.
8.5. Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact
them directly.
9. DISCLAIMER
9.1. If you choose to use the Platforms, you do so at your sole risk. The Platforms and all information, content, tools and materials
are provided by the Company on an “as is” and “as available” basis, without warranty of any kind, either express or implied.,
and you access and use the Platforms at your own risk.
9.2. Without limiting 9.1, the Company does not guarantee,
9.2.1. that the Platforms, will be available on an uninterrupted, secure, or error-free basis.
9.2.2. that the Platforms or any electronic communications sent by us or our third parties - are free from viruses or other
harmful components.
9.2.3. any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment
or software malfunction, natural disasters, fire, or any other cause beyond the reasonable control of the Company; or
9.2.4. any inaccurate, incomplete or inadequate information obtained from the Platforms.
9.2.5. a denial of access to the Platforms
9.3. The Company will not be liable for any damages of any kind, including without limitation, direct, incidental, punitive and/or
consequential damages, arising from or relating to the Platforms or from any information, content, tools or materials included
on or otherwise made available to you through the Platforms, or your use thereof, or any delay or inability to use such.
10. GENERAL
10.1. By accessing and using the Platforms, you agree that the laws of the Republic of South Africa will govern these Terms, and you
consent to the jurisdiction of the South African courts in respect of any dispute which may arise from these Terms.
10.2. If any provision of these Terms is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not
affect the other provisions of these Terms.
10.3. No failure or delay by the Company to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the
validity of any part of these Terms.
11. PRIVACY POLICY
This privacy policy covers how we treat your Personal Information collected electronically when you interact in any way with the Company,
including when you use the Platforms, register an account with the Company, or when you contact the Company electronically.
11.1. Privacy Policy
11.1.1. Whenever you interact with us in any way, including when you use the Platforms, register an account, or when you contact us
electronically, we will collect your Personal Information, and you expressly consent to:
(a) us processing your Personal Information for the purposes set out in these Terms and
(b) the further processing of your Personal Information by third parties.
(c) the storage of your Personal Information outside of the region or country that you may submit or use it in.
11.1.2. When dealing with your Personal Information we apply the following:
(a) we will only “process” (as defined in POPI) your Personal Information with your express written permission, unless we are
legally required to do so;
(b) we will not use your Personal Information for any other purpose, other than that which we disclosed to you, unless you
give us your express written permission to do so, or unless we are permitted or required to do so by law;
(c) we may use any Content uploaded to our Platforms, or emailed, or displayed, within the Platforms and promotional
materials related to the Platforms;
(d) we will not sell your Personal Information to any third parties or allow third parties to contact you without your express
consent; and
(e) we will use non-identifying / de-personalised data to run broad statistics.
11.1.3. Your privacy is important to us and we will therefore not sell, rent or provide your Personal Information to unauthorised third
parties for their independent use, without your consent.
11.1.4. If at any stage after you have given us your consent you no longer wish us to use or share your Personal Information, you may
at any stage withdraw your consent. Provided that a failure to provide your Personal Information will prevent us from being
able to offer you access to the Platforms.
11.2. Why we Collect and use Personal Information
The following are some of the reasons (i.e. disclosed reasons) why we would collect your Personal Information:
11.2.1. Access to and use of the Platforms;
11.2.2. Informing you of changes made to Platforms;
11.2.3. The provision of marketing related services to you by the Company;
11.2.4. Responding to any queries or requests you may have;
11.2.5. Developing an online user profile;
11.2.6. Understanding general user trends and patterns so that we can develop and support existing and ongoing marketing
strategies;
11.2.7. For security, administrative and legal purposes; and
11.2.8. The creation and development of market data profiles which may provide insight into market norms, practices and trends to
help us improve our offering to you. Such information will be compiled and retained in aggregated form, but shall not be used
in any way which may comprise the identity of a user.
11.3. Storage Period for your Personal Information
Your Personal Information will be stored in our databases for as long as you access the Platforms and for a reasonable time thereafter. If
you choose to delete your account, your Personal Information will be permanently deleted, unless we or any third party is required to
store such Personal Information in accordance with any law or regulation.
11.4. Protection of your Personal Information
11.4.1. We value the information that you choose to provide and will take reasonable steps to prevent loss of, damage to or
unauthorised destruction or disclosure of, or misuse of Personal Information and unlawful access to or processing of Personal
Information.
11.4.2. You are responsible to keep your access details (including, your user name and password) confidential and not allow other
people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept
responsibility for sharing your user name and password.
11.5. Correction and Status of Personal Information
11.5.1. If you ever want to update, delete or correct any of your Personal Information held by us, you may do so on the Platforms or email us for assistance.
11.5.2. You may, at any time, request:
(a) us to confirm whether or not we hold Personal Information about you;
(b) the record or a description of the Personal Information about you held by us; and
(c) information about the identity of all third parties or categories of third parties, who have, or have had, access to your
Personal Information.
11.6. Log Files
When you visit the Platforms, even if you do not create an account, we may collect information, such as your IP address, the name of
your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in
what sequence, the date and length of your visit, and other information concerning your computer's operating system, language settings,
and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically.
However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that
you supply to us. This information is not shared with third parties and is used only within the Platforms on a need-to-know basis.
11.7. Cookies
11.7.1. The Platforms use cookies. A cookie is a small piece of information stored on your computer or smart phone by the web
browser. The two types of cookies used are described below:
(a) "Session cookies": These are used to maintain a so-called 'session state' and only lasts for the duration of your use of the
Platforms. A session cookie expires when you close your browser, or if you have not visited the server for a certain
period of time. Session cookies are required for the Platforms to function optimally, but are not used in any way to
identify you personally.
(b) "Double Click Cookies" Third party vendors with whom we contract may use cookies to serve a user ads based on a
user's prior visits to the Platforms. Users may, however, opt out of receiving these ads by visiting www.aboutads.info.
(c) "Permanent cookies": These cookies permanently store a unique code on your computer or smart device hard drive in
order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view
permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not
required for the Platforms to work, but may enhance your browsing experience.
11.8. Complaints
You hereby acknowledge that you are aware of your right to lodge a complaint to the Information Regulator at:
Physical Address: SALU Building, 316 Thabo Sehume Street, Pretoria
Tel: 012 406 4818
Email: inforeg@justice.gov.za

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