PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Last Updated 18 June 2018
TERMS & CONDITIONS OF SERVICE
Empty Trips (PTY) LTD, registration number 2015/145979/07 (hereinafter, “EmptyTrips”) provides an online Site which provides the Services as defined, which Services are accessible at www.EmptyTrips.com and any other website through which EmptyTrips makes the Services available (collectively, the "Site").
By using the Site, you agree to comply with, and are legally bound by, the terms and conditions of these Terms and Conditions ("Terms"), whether or not you become a registered User of the Services.
These Terms govern your access to and use of the Site and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and EmptyTrips.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site in accordance with these Terms may subject you to civil and/or criminal penalties.
The Site and Services comprise an online Site through which Carrier/ Agent (as defined, but not limited to) may create Listings (as defined, but not limited to) for EmptyTrips and/or offer to transport an item/good (as defined, but not limited to) and Shippers (as defined, but not limited to) may purchase a Service/s directly with the Carrier/ Agent and/or request an item/good to be transported, Stored and/or to purchase Cargo Insurance in respect thereof. By using this Site, you understand and agree that EmptyTrips is not a party to any Trip entered into between Carrier/ Agent and Shipper, nor is EmptyTrips a transport broker, agent, insurance broker or insurer. EmptyTrips has no control over the conduct of the Carrier/ Agent, Shipper, Insurer and/or other Users of the Site and Services or any Trips, and disclaims all liability in this regard to the maximum extent permitted by law.
OTHER KEY TERMS
"Agent " means an entity which lists a Listing of a Trip and/or offers a Trip in response to a request listed on behalf of a Carrier, as an intermediary, i.e. a transport broker.
“Cargo” means the goods, packages and/or parcels which are to be/are in transit on a Trip.
“Cargo Insurance” means the in-transit cargo insurance as provided by the Insurer, through the Insurance Broker, to the Shipper whether in conjunction with a Trip or as a standalone Service as evidenced by a Certificate of Insurance.
"Carrier " means an entity which lists a Listing of a Trip and/or offers a Trip in response to a request listed by a Shipper.
"Carrier/ Agent Fee" means the fee that EmptyTrips charges a Carrier / Agent for the use of its online Site, which is calculated as a percentage of the applicable Trip Fees. The Carrier/ Agent Fee will be deducted by EmptyTrips prior to payment to a Carrier/ Agent upon completion of a Trip.
“Certificate of Insurance” shall mean the certificate, evidencing the Cargo Insurance, and which contains, among others, the policy number, details of the Insured, the loading and delivery address, method of transport, value of Cargo, departure and arrival dates coupled with other conditions pertaining to the Cargo Insurance.
"Collective Content" means Member Content and EmptyTrips Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"EmptyTrips Content" means all Content that EmptyTrips makes available on or through the Site or its Services, including any Content licensed from a third party, but shall not include a Member’s Content.
“Environmental Commodity(ies)” means, without limitation, any and all commodities, whether tangible or intangible, bearing commercial and/or other value, that have the potential to be and/or are generated/derived as a result of, and which represent a/the measurable, verifiable and/or certifiable environmental benefit(s) arising from, the performance of the Services, including but not limited to carbon, water, biodiversity, air quality and/or ecosystem offsets/credits; notwithstanding their manner of generation/derivation.
“Environmental Commodities Processes” means any and all standards, mechanisms and/or methodologies, whether at the international and/or national level, as may be required to generate/derive Environmental Commodities; including, without limitation, any and all activities, data and/or practical, operation and/or contractual arrangements required for the successful generation/derivation of Environmental Commodities.
“Insurance Broker” means by Nacora Insurance Brokers (Pty) Ltd, FSP Number – 1135, Address: 9 Nguni Drive, Longmeadow West, Edenvale, 1609. Postal: P.O. Box 4300, Edenvale, 1610. Tel: (27) 011 574 7000.
“Insurance Fees” shall referred to the premiums and other fees imposed by the Insurer, including any Sasria premiums if applicable.
“Insured” means the Shipper(s), individual(s) or companies who have elected to purchase Cargo Insurance.
“Insurer” means Nautical underwriting Managers (Pty) Ltd , FSP Number- 43437 as applicable.
“Premium” means the insurance premium due as applicable for selecting Goods in Transit Insurance by purchasing Cargo Insurance via the Site.
"Listing" means a request for transport or an offer to transport Cargo that is listed on the Site, each Listing representing a single transaction and/or Shipment.
"Member" means a person and/or company which completes the required EmptyTrips account registration process, including but not limited to a Carrier, Agent and/or Shipper.
“Member Content” shall refer to Content, which is uploaded, or otherwise posted by a Member, and in terms of which, a Member either owns, or has a valid licence in respect of same.
“Freight Open Exchange” means that portion of the Site which permits Users to search Trips and Storage, and Members, to search, list, identify and/or book a Trip or Storage.
“Referral and/or Administration Fees” refers to any Referral and/or Administration Fees owing to EmptyTrips by the Insurance Broker and/or Insurer, which shall be deducted from any and all premiums paid by a Shipper in respect of Cargo Insurance which EmptyTrips collects on behalf of if the Insurer.
"Service Fees" means collectively the Referral Fees, Carrier/ Agent Fees and Shipper Fees, owed to EmptyTrips, together with any other additional fees as imposed by EmptyTrips from time to time.
“Services” means an online Site comprising software that connects entities, which have the ability to transport Cargo, with entities seeking to have Cargo transported, and/or Stored through the Freight Open Exchange and/or to purchase Cargo Insurance in respect thereof. Such Services are provided, and/or will be provided, through the Site, inter alia, under the trade marked names, RoadFox, RailFox, SeaFox, AirFox, SureFox, StoreFox, TechFox, BlockFox, FinFox, CarbonFox,
"Service Provider" means collectively all service providers to EmptyTrips, which shall include, but not be limited to, the Carrier/Agent, Insurer, Insurance Broker and Storage Provider.
“Service Provider Fees” means collectively, and among others, the Trip Fees, Insurance Fees and Storage Fees owing by a Shipper to a Service Provider.
“Shipment” means instances where, pursuant to the performance of the Services, Cargo is in transit on a Trip; and/or, instances where, pursuant to the performance of the Services, Cargo has been transported from a point of origin to a point of delivery.
"Shipper" means a person and/or company which lists a Listing for transport and/or purchases a Listing offered by EmptyTrips, and/or requires Storage.
"Shipper Fee" means the fee that EmptyTrips charges a Shipper for the use of the Services. The Shipper Fee will be displayed to the Shipper upon the purchase of any Service.
“Storage Provider” means a Service Provider which provides the Service of Storage to a Shipper on the Site.
“Stored” or “Storage” means a Service in terms of which Shippers are able to purchase on demand storage space for their Cargo in consideration for payment of the Storage Fees.
“Storage Fees” means the fees as imposed by a Service Provider to a Shipper in consideration for the Storage utilised.
“StoreFox” means the trade marked name, whether registered or now, utilized by EmptyTrips under which the Storage Services are provided.
“SureFox” means the trade marked name, whether registered or now, utilized by EmptyTrips under which the Service of Cargo Insurance will be provided.
“Trip” means a commercial conveyance of Cargo originally comprising a Listing.
"Trip Fees" means the amounts that are due and payable by a Shipper to the Carrier in consideration for the Shippers purchase of a Listing. The Carrier alone, and not EmptyTrips, determines these amounts. This excludes Shipper Fee, Referral and/or Administration Fees, Cargo Insurance premiums and the like.
"Total Fees" means the total amount due by the Shipper to EmptyTrips as Site provider and Collection Agent for Carrier/ Agent and/or the Insurance Broker. These fees include the Services Fees, Trip Fees, Cargo Insurance fees and VAT as applicable.
"User" means a person and/or company which accesses the Site.
IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
EmptyTrips reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site.
We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
HOW THE SITE AND SERVICES WORK
The Services can be used to facilitate the Listing, offering and purchasing of private and commercial Trips, Storage and/or Cargo Insurance. The Trips are included in Listings on the Site, whilst Storage and Cargo Insurance are separately available on the Site. You may view the Services as an unregistered User to the Site; however, if you wish to purchase or offer a Service, you must first register to create an EmptyTrips Account (defined below).
As stated above, EmptyTrips makes available an online Site and/or competitive marketplace with related technology for Shippers and Carrier/ Agents to meet online and arrange for Listings of a Trip directly with each other, alternatively for the provision and procurement of other Services. EmptyTrips is not an owner or operator of vehicles, storage space, nor insurer/insurance broker, including, but not limited to any forms of transport, nor is it a provider of vehicles, and EmptyTrips does not own, sell, resell, furnish, provide, rent, re-rent, broker, manage and/or control vehicles, including, but not limited to any form of vehicle or Trips or logistics or supply chain services, transport services, storage services or insurance services. Unless explicitly specified otherwise on the Site, EmptyTrips' responsibilities are limited to: (i) facilitating the availability of the Site and (ii) serving as the limited payment collection agent of each Carrier/ Agent for the purpose of accepting payments from the Shipper on behalf of the Service Providers on the Site.
EmptyTrips cannot and does not control the Content contained in any Listings or other Service offerings on the Site, or the condition, quality, standard, safety, legality or suitability of any Trips or other Services. EmptyTrips makes no warranties or representation regarding Listings, Trips or other Services. EmptyTrips is not responsible for, and disclaims any and all liability related to any and all Listings, Trips and other Services. Accordingly, any offerings, purchases and requests will be made at the Service Provider’s and Shipper’s own respective risks.
In order to access certain features of the Site and to purchase a Trip, other Service or create a Listing, you must register to create an account ("EmptyTrips Account") and become a Member. You may register to join directly via the Site or as described in this section. Carriers and/or Agents are to complete a simple application questionnaire for consideration by EmptyTrips. EmptyTrips retains the right to decline to register a User on its Site, and may revoke all rights if deemed in its sole discretion of violating its quality and guarantee terms.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Trip to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Trip and pricing and related rules. In order to be featured in Listings via the Site, all Trips must have a valid physical address, as accurate as possible, for both departure and arrival. Listings will be made publicly available via the Site and to the requisite Service Providers. Other Members will be able to book your Trip via the Site based upon the information provided in your Listing. You understand and agree that once a Shipper requests a Trip comprising one of your Listings, you may not request the Shipper to pay a higher price than in the Trip request, unless mutually agreed.
You acknowledge and agree that under no circumstances whatsoever will EmptyTrips be held responsible for any Listing, offering or Service rendered or failure to do so in terms of the Listings posted. As such, as Carrier/ Agent you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the selling/offering of, or a Shipper's purchasing of, a Trip of a Listing you post (i) will not breach any agreements you have entered into with any other parties including but not limited to third parties, such as cargo or trucking associations, vehicle/ fleet lease and rental agreements, employers and or financiers, insurers or the like, and (ii) will (a) be in compliance with all applicable laws (such as goods in transit, passenger transport laws and regulations and any laws governing leasing of vehicles), Tax requirements, and rules and regulations that may apply to any Trip included in a Listing you post (including having all required permissions, consents, permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that EmptyTrips assumes no responsibility for Service Proivder compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. EmptyTrips reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that EmptyTrips, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or EmptyTrips' then-current Terms or otherwise harmful to the Site or Services.
If you are a Service Provider, you understand and agree that EmptyTrips does not act as an Insurer or as your contracting Agent. If a Shipper purchases your Trip or other Service provided by you, any agreement you enter into with such Shipper is between you and the Shipper and EmptyTrips is not a party thereto. Notwithstanding the foregoing, EmptyTrips, through its third party payment collections agent, serves as the limited authorised payment collection agent of the Service Provider for the purpose of accepting, on behalf of the Service Provider, payments from a Shipper of such amounts stipulated by the Service Provider (including other fees and/or Taxes).
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Trip of your Listing, including, but not limited to, requiring Members to have a verified phone number, in order to book your Trip. Any Member wishing to book Trips included in Listings which have these requirements must then meet such requirements. More information on how to set such requirements is available via the "Listing" section of the Site,.
If you are a Carrier/ Agent, EmptyTrips makes certain tools available to you to help you to make informed decisions about which Members you choose for your Listing/ Trip. However, you acknowledge and agree that, as a Carrier/ Agent, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any Member who makes use of the Trip at your request or invitation, excluding the Shipper (and the individuals the Shipper invites to the Trip, if applicable.)
After having successfully purchased a Trip, a Shipper will receive a transactional mail confirming the Trip, and further annexing the tax invoice comprising the Total Fees, coupled with the Consignment Note and Certificate of Insurance.
As part of a Trip, EmptyTrips recommends that Carrier/ Agent and/ or Shipper obtain appropriate insurance for their Listings/ Trips as deemed appropriate. Please review any insurance policy that you may have for the Listing/ Trip carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Shipper. The proper consideration and arrangement for goods in transit and marine insurances remains the responsibility of the parties to the agreement of the Listing/ Trip, and not EmptyTrips.
EmptyTrips, may refer Carrier/ Agent and/ or Shipper to its Cargo Insurance policy as specified by the Insurance Broker and Insurer for each Listing/ Trip. Provided that explicit decline, and/or value of Cargo transported do not exceed the value of goods of ZAR8,000,000.00 (as measured in United Stated Dollars in accordance with the then rate of exchange), unless otherwise explicitly agreed, or are part or wholly classified as an excluded good (Alcohol, antiques, arms, ammunition, explosives, artwork, live animals, bank and treasury notes, cash, cellular phones, any legal documentation, furs, gold and or silver, jewelry, stamps, tobacco products, exotic sea foods, solar panels and tyres). For excluded Cargo, or a limit above R8,000,000.00 specialist insurance advice is required. EmptyTrips does not provide any insurance or financial services or any financial advisory or intermediary services.
EmptyTrips will under no circumstances be a party to any insurance contract entered into.
All insurance costs are to be borne by parties to a Trip.
The aforegoing Cargo Insurance may also be purchased as a standalone Service from the Site as part of EmptyTrip’s SureFox Server offering.
When Cargo Insurance has been purchased, the Shipper, Carrier, Agent and/or Service Provider will receive, as part of a transactional mail the Insurance Broker’s insurance general terms and conditions, coupled with the Certificate of Insurance which shall govern the terms and conditions of the Cargo Insurance.
SERVICE PROVIDERS’ OWN TERMS OF SERVICE
In rendering the Services to a Shipper, the Service Provider might have, and present to the Shipper, their own terms of service (“Service Provider Ts and Cs”). Such Service Provider Ts and Cs are and will be binding on the Shipper to the extent that such Service Provider Ts and Cs do not conflict with these Terms.
To the extent that there exists a conflict between the Service Provider Ts and Cs and these Terms, these Terms shall prevail to the extent of such inconsistency;
PHOTOGRAPHS AND COMPANY DOCUMENTS
EmptyTrips may offer Carrier/ Agent the option of having photographers take photographs of their Listing. If you as a Carrier/ Agent choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "EmptyTrips.com Verified Photo" or similar wording ("Verified Image"). In addition, should any company registration documents, commercial invoices and the like, along with the images, materials and Content created by photographers, be provided to EmptyTrips, including Verified Images, same shall constitute EmptyTrips Content, regardless of whether you include them in your Listing.
EmptyTrips will under no circumstances check the legality or intent of the underlying Trip/ Listing, nor will EmptyTrips be held responsible for any illegal movement of goods, services or people.
EmptyTrips does not endorse any Member or any Trip, however, it may refer, from time to time, a Member to the Insurer and/or in respect of Cargo Insurance. You understand that Verified Images and/or Listings and/ Members are intended only to indicate a representation of the Trip at the time the Listing was posted. Verified Images, Listings or Members are therefore not an endorsement by EmptyTrips of any Member or any Trip. Members are required by these Terms to provide accurate information, and although EmptyTrips may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site to a Member being "verified" or "connected" (or similar language) only indicates that the Member has completed a relevant verification process, and does not represent anything further. Any such description is not an endorsement, certification or guarantee by EmptyTrips about any Member, including the Member's identity and whether the Member is trustworthy, safe, suitable or responsive. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and/or Services. We therefore recommend that you always exercise due diligence and care when deciding whether to purchase a Trip from a Carrier/ Agent or to accept a Trip request from a Shipper, utilise any other Services, or to have any other interaction with any other Members.
By using the Site and/or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from EmptyTrips with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site regarding any Trips/Listings made by you, or other Services so ordered. This limitation shall not apply to any claim by a Carrier/ Agent against EmptyTrips regarding the remittance of payments received from a Shipper by EmptyTrips on behalf of a Service Provider, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
CARRIER/ AGENT OR SERVICE PROVIDER
If you are a Carrier/ Agent or other Service Provider and a Trip is requested for your Listing or Service ordered from you via the Site, you confirm your ability to provide the Trip or Service, as listed. When a Trip is requested via the Site, we will share with you the Shipper profile, Trip details, proof of payment of Trip Fees held until delivery is confirmed and a copy of the certificate of insurance as applicable.
MINIMUM QUALITY STANDARDS AND CARRIER RESPONSIBILITIES
If you are a Carrier or Agent for Carriers, you are responsible for ensuring that the Trips you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety, vehicle and carrier worthiness, and do not present a Shipper or Agent with Trip Issues. During the 24-hour period following the Shipper’s collection, Carriers should be available, or make a third party available, in order to try, in good faith, to resolve Trip disputes.
EmptyTrips will collect the Total Fees at the time of Trip confirmation (i.e. when the Shipper confirms the Listing/ Trip request). EmptyTrips will initiate payment of the Trip Fee less Taxes in respect of the Trip, such as VAT (as applicable) to the Carrier/ Agent within 48 hours of when the Shipper confirms the applicable Trip to be completed, or by Carrier providing EmptyTrips proof of signed waybill (except to the extent that a refund is due to the Shipper), otherwise no later than 30 days of transaction (whichever occurs first).
The time it takes for the Carrier/ Agent to receive payouts may depend upon the method for receiving payouts chosen by the Carrier/ Agent. Some methods involve the use of third party payment processors, which may impose their own additional charges for the use of their services on the Carrier/ Agent, including by deducting their charges from the payout amount. Such charges shall be for the account of the Carrier/ Agent.
If you owe or agree to pay any amount via the Site to EmptyTrips (whether as a result of your Trip or actions as a Shipper, Carrier or Agent or otherwise), then EmptyTrips may (but is not obliged to) withhold the amount owing to EmptyTrips from any payout amounts due to you as a Carrier/ Agent, and use the withheld amount to set off the amount owed by you to EmptyTrips. If EmptyTrips does so, then your obligation to pay EmptyTrips will be extinguished to the extent of the amount withheld by EmptyTrips, and EmptyTrips will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
All payments to Carrier/ Agent will be subject to Trip Fees.
Please note that EmptyTrips does not currently charge fees for the creation of Listings. However, you as a Carrier/ Agent acknowledge and agree that EmptyTrips reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that EmptyTrips will provide notice of any Listing fee collection via the Site, prior to implementing such a Listing fee feature.
The Carrier/ Agent or other Service Provider, not EmptyTrips, is solely responsible for honouring any confirmed Trips and making available any Trips reserved through the Site. If you, as a Shipper, choose to enter into a transaction with a Carrier/ Agent or other Service Provider for the purchase of a Trip or other Service, you agree and understand that you will be required to enter into an agreement with the Carrier/ Agent or other Service Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Trip imposed by the Carrier/ Agent or other Service Provider.
You acknowledge and agree that you, and not EmptyTrips, will be responsible for performing the obligations of any such agreements, and that EmptyTrips is not a party to such agreements, and that, with the exception of its payment obligations hereunder, EmptyTrips disclaims all liability arising from or related to any such agreements.
You acknowledge and agree that, notwithstanding the fact that EmptyTrips is not a party to the agreement between you and the Carrier/ Agent or other Service Provider, EmptyTrips acts as the Service Provider's payment collection agent for the limited purpose of accepting payments from you on behalf of the Service Provider. Upon your payment of the Total Fees to EmptyTrips, your payment obligation to the Service Provider for the Service Provider Fees is extinguished, and EmptyTrips Payments is responsible for remitting the Service Provider Fees, in the manner described in these Terms. In the event that EmptyTrips Payments does not remit any such amounts as described in these Terms, such Service Provider will have recourse only against such EmptyTrips entity.
MINIMUM QUALITY STANDARDS AND SHIPPER RESPONSIBILITIES
If you are a Shipper, you are responsible for ensuring that the Trip you purchased meets the requirements for the type, size and quantity of Cargo to be transported and/or Stored. Shippers are responsible for the proper packaging, securing and lashing, loading and off-loading of Cargo from vehicles, unless otherwise agreed to by the Carrier. Furthermore, a Shipper is responsible to ensure safe access to Cargo and adequacy of description of Trip requirements on site. During the 24-hour period prior to and following the Carrier’s collection, Shippers should be available, or make a third party available, in order to try, in good faith, to resolve Trip Issues.
You as a Shipper agree to pay EmptyTrips the Shipper Fees (which shall be deducted from the Total Fees) for any Trip requested in connection with your account on the Site if such requested Trips are confirmed by the applicable Carrier/ Agent. In order to establish a Trip pending the applicable Carrier/ Agent's confirmation of your requested Trip, you understand and agree that EmptyTrips, on behalf of the Carrier/ Agent, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card/debit card / otherwise for the Total Fees or (ii) charge your credit card / other payment form a nominal amount.
Please note that EmptyTrips cannot control any fees that may be charged to a Shipper or Service Provider by his/her/its bank related to EmptyTrips' collection of Fees, and EmptyTrips disclaims all liability in this regard.
APPOINTMENT OF EMPTYTRIPS AS LIMITED PAYMENT COLLECTION AGENT FOR CARRIER/ AGENT
Each Carrier/ Agent and Service Provider agrees that payment made by a Shipper through EmptyTrips, shall be considered the same as a payment made directly to the Carrier/ Agent or Service Provider, and the Carrier/ Agent or Service Provider will make the Trip available to the Shipper or provide the requisite Service in the agreed-upon manner as if the Carrier/ Agent or Service Provider has received the Trip Fees or other Service Provider Fees.
EmptyTrips does not guarantee payments to Carrier/ Agents for amounts that have not been successfully received by EmptyTrips from a Shipper. In accepting appointment as the limited authorised agent of the Carrier/ Agent, EmptyTrips Payments assumes no liability for any acts or omissions of the Carrier/ Agent or Shipper.
In consideration for the use of EmptyTrips' Site, EmptyTrips charges Service Fees. Where applicable, Taxes (such as VAT) may also be charged in respect of the Carrier/ Agent Fees and Shipper Fees. EmptyTrips deducts the Carrier/ Agent Fees from the Trip Fees before remitting the balance to the Carrier/ Agent as described in these Terms. Shipper Fees are, as noted above, included in the Total Fees.
Balances will be remitted by EmptyTrips to Carrier/ Agents via EFT, PayFast, direct deposit or other payment methods described on the Site, at EmptyTrips discretion, when the Trip or other Service has been completed, or within 30 days of Trip or other Service purchase. Amounts may be rounded up or down as described the "Rounding Off" section below.
Each Carrier/ Agent agrees that EmptyTrips may, in accordance with the cancellation policy as reflected herein, (i) permit the Shipper to cancel the Trip or other Service within 12 hours of payment and (ii) refund (via EmptyTrips) to the Shipper that portion of the Trip Fees or other Service Provider Fees as specified.
Carrier/ Agent / Shipper may cancel requested Trip or other Service within 12 hours of payment, however please refer to the cancellation policy in this regard.
In the event of the Carrier/ Agent or Shipper cancelling a purchased Trip or other Service within 12 hours, the cancelling party will be liable to EmptyTrips for transactional fees depending on the payment selection of the Shipper. Such cancellation penalties are as follows:
1. 2% of the transaction value for EFT transactions; and/or,
2. 4% of the transaction value for Credit card/ Debit card or other payment types used.
If, as a Shipper, you cancel your requested Trip within 12 working hours of payment / confirmation of Trip or other Service is sent, EmptyTrips will refund Total Fees less transaction fees as stipulated above to nominated account within commercially reasonable time. If, as a Shipper, you wish to cancel a confirmed Trip or other Service made via the Site, either prior to or after the Trip or Service has commenced, the cancellation policy of the Carrier/ Agent or other Service Provider contained in the applicable Listing will apply to such cancellation. Our ability to refund the Trip Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. The Shipper Fee is non-refundable after 12 hours from such payment being received by Empty Trips, regardless of the cancellation policy selected by the Carrier/ Agent.
If a Carrier/ Agent or Service Provider cancels a confirmed Trip made via the Site, (i) EmptyTrips will refund the Total Fees for such Trip to the applicable Shipper within a commercially reasonable time of the cancellation.
If, as a Carrier/ Agent or other Service Provider, you cancel a confirmed Trip at any time, EmptyTrips may apply penalties to the Listing for the Carrier / Agent or Service Provider, including (i) publishing an automated review on your Listing indicating that a Trip/Service was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Trip or Service, or (iii) imposing a cancellation fee (to be withheld from your future pay-outs). You will be notified of the situations in which a cancellation fee applies before you decide to cancel. Cancellation Fee applicable to Carrier / Agent or other Service Provider will include, but not be limited to, relevant Carrier/ Agent Fees and transactional costs of the Trip/Service.
In certain circumstances, EmptyTrips may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Trip made via the Site. This may be for reasons set forth in EmptyTrips's Extenuating Circumstances policy below, or for any other reason. EmptyTrips may also determine, in its sole discretion, to refund to the Shipper part or all of the amounts charged to the Shipper in accordance with the Refund Policy. You agree that EmptyTrips and the relevant Shipper, Carrier/ Agent or other Service Provider will not have any liability for such cancellations or refunds.
EXTENUATING CIRCUMSTANCES FOR CARRIER/ AGENT CANCELLATIONS
In the rare instance where extenuating circumstances arise, a Carrier/ Agent may need to cancel a confirmed Trip. In such cases, we may in our discretion elect to forgo the cancellation penalties outlined in our Terms of Service. Such cases will be contingent on proper documentation, where valid, and include, but are not limited to:
EXTENUATING CIRCUMSTANCES FOR SHIPPER CANCELLATIONS
In the rare instance where extenuating circumstances arise, a Shipper may need to cancel a confirmed Trip. In this instance, EmptyTrips may, at its discretion, override the Carrier/ Agent’s cancellation policy and make refund decisions. Such cases will be contingent on proper documentation, where valid, and include, but are not limited to:
A “Trip Issue” means any one of the following:
(a) the Carrier / Agent (i) cancels a Trip shortly before the scheduled start of the Trip (but outside of the above referred 24 hour period), or (ii) fails to provide the Shipper with the reasonable ability to access the Transportation (e.g., by not arriving on time or allowing flexible pick-up).
(b) the description of the Transportation in the Listing is materially inaccurate with respect to: (i) the size of the Transportation (e.g., vehicle size & safety).
(ii) special features represented in the Listing are not provided or do not function, such as cooling, rain protection etc.
(iii) the physical location of the Transportation (proximity within 50km radius).
(c) at the start of the Trip, the Transportation: (i) contains safety or health hazards that would be reasonably expected to adversely affect the Shipper’s goods, at EmptyTrips’ judgment, or (ii) does not hold the necessary licenses,roadworthy, railworthy, or seaworthy approvals.
The Refund Policy in the event of Trip Issue
If you are a Shipper and suffer a Trip Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by EmptyTrips in our discretion, depending on the nature of the Trip Issue suffered or (ii) use our reasonable efforts to find and book you another Trip, which in our determination is reasonably comparable to the Transportation described in your original Trip in terms of size, safety specs, features and quality. All determinations of EmptyTrips with respect to its Refund Policy, including without limitation the size of any refund, shall be final and binding on the Shippers, Carriers/Agents and other Service Providers.
Conditions to Claim a Trip Issue.
Only a Shipper may submit a claim for a Trip Issue. If you are a Shipper, in order to submit a valid claim for a Trip Issue and receive the benefits with respect to your Trip, you are required to meet each of the following conditions:
(a) you must bring the Trip Issue to our attention in writing (EmptyTrips.com/contactus) or via telephone and provide us with information (including photographs or other evidence such as communications) about the Trip and the circumstances of the Trip Issue within 24 hours of the start of your Trip (pre and post), and must respond to any requests made by us within 24 hours for additional information or cooperation on the Trip Issue;
(b) you must not have directly or indirectly caused the Trip Issue (through your action, omission, intent or negligence); and
(c) you must have used reasonable efforts to try to remedy the circumstances of the Trip Issue, if possible, with the Carrier prior to making a claim for a Trip Issue.
CARRIER RESPONSIBILITIES AND REIMBURSEMENT TO SHIPPER
If you are a Carrier or Agent for Carriers, you are responsible for ensuring that the Trips you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety and vehicle worthiness, and do not present a Shipper or Agent with Trip Issues. During the 24-hour period following the Shipper’s collection, Carriers should be available, or make a third party available, in order to try, in good faith, to resolve Trip Issues.
If you are a Carrier, and if (a) EmptyTrips determines that a Shipper has suffered a Trip Issue related to a Trip listed by you and (b) EmptyTrips either reimburses that Shipper any amount up to the amount paid by the Shipper through the Site for the Trip or provides an alternative Trip to the Customer, you agree to reimburse EmptyTrips up to the amount paid by EmptyTrips within 30 days of EmptyTrips’ request.
All determinations of EmptyTrips with respect to the Refund Policy, including without limitation the size of any refund to the Shipper, shall be final and binding on the Shipper and Carrier / Agent. You also agree that in order for you to reimburse EmptyTrips up to the amount paid by EmptyTrips, EmptyTrips may off-set or reduce any amounts owed by EmptyTrips to you by this amount. If the Shipper continues to utilise part or all of the Trip despite the Trip Issue, the Shipper will receive a refund that will reduce the amount of the Trip Fees ultimately paid to you. If the Shipper is relocated to an alternative Trip route, you may lose part or all of the Trip Fee payment for the Trip and you may be responsible for reasonable additional costs incurred to relocate the Shipper to the alternative transportation.
The rights of the Shipper under the Refund Policy supersede the cancellation policy established by a Carrier. If you as a Carrier dispute the Trip Issue you may notify us in writing (EmptyTrips.com/contactus) or via telephone and provide us with information (including photographs or other evidence, including communications) disputing the claims regarding the Trip Issue, provided that you must have used reasonable and good faith efforts to try to remedy the Trip Issue with the Shipper prior to disputing the Trip Issue.
You agree that all determinations of EmptyTrips with respect to the Trip Issue shall be final and binding on the Customers and Carriers regardless of your submission of a dispute against such Trip Issue. In the event of one or more Trip Issue, EmptyTrips, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting or downgrading your Listing ranking, automated reviews indicating Trip Issues, cancelling future Trips, suspending or removing the Listing of Trips or imposing penalties or fees for the administrative burden associated with the Trip Issues.
(a) No Assignment/No Insurance. This Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Shipper. The benefits provided under the Refund Policy are not assignable or transferable by you.
EmptyTrips may, in its sole discretion, round up or round down amounts that are payable from or to Shipper, Carrier/ Agents and/or Service Providers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest Rand or other supported currency); for example, EmptyTrips will round up an amount of R101.50 to R102.00, and R101.49 to R101.00.
PAYMENT PROCESSING ERRORS
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Tax laws or regulations may require us to collect appropriate tax information from our Carrier/ Agents or Service Providers, or to withhold taxes from payouts to Carrier/ Agents, other Service Providers, or both. EmptyTrips reserves the right to request all required VAT and tax certificates of registration as deemed appropriate. EmptyTrips reserves the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Carrier/ Agent or other Service Provider understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. EmptyTrips cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Carrier/ Agent or other Service Provider, EmptyTrips may issue a valid VAT invoice to such Carrier/ Agent.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Trip or other Service is located may require Taxes to be collected by Carrier/ Agents or Service Providers from Shipper on the amount paid for the right to use and/or occupancy of Trips or Services, and to be remitted to the respective Tax Authority. This remains responsibility of the Shipper.
Whether you are a Shipper, Carrier/ Agent or other Service Provider, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by EmptyTrips in connection with collection and remittance of duties or Taxes, if any. Shippers, Carrier/ Agents and other Service Providers agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by EmptyTrips from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
EmptyTrips has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
EmptyTrips may access, preserve and disclose any of your information if required to do so by law, or if believed in good faith that it is reasonably necessary to (i) respond to claims asserted against EmptyTrips or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users, such as these Terms and the EmptyTrips Carrier/ Agent or Service Provider, (iii) for fraud prevention, risk assessment, investigation, refund support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of EmptyTrips, its Users, or members of the public.
You acknowledge that EmptyTrips has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, and Services (including without limitation for fraud prevention, risk assessment, investigation and refund support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. EmptyTrips reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that EmptyTrips, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
COPYRIGHT & OWNERSHIP
Site, Services and Collective Content
You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of EmptyTrips and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
EMPTYTRIPS CONTENT AND MEMBER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, EmptyTrips grants you a limited, non-exclusive, non-transferable license, to (i) access and view any EmptyTrips Content solely for your personal and non-commercial purposes and (ii) access and view any Content to which you are permitted access, solely for commercial purposes as envisaged and permitted by these Term. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EmptyTrips or its licensors, except for the licenses and rights expressly granted in these Terms.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to EmptyTrips the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or EmptyTrips' use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third party websites or resources. You acknowledge and agree that EmptyTrips is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by EmptyTrips of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
SUSPENSION, TERMINATION AND EMPTYTRIPS ACCOUNT CANCELLATION
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. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your EmptyTrips account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, your EmptyTrips account, your Member Content, or receive assistance from EmptyTrips or its Service Providers, (b) any pending or accepted future Trips or Services as either Carrier/ Agent/Service Provider or Shipper will be immediately terminated, (c) we may communicate to your Shipper or Carrier/ Agents/ Service Provider that a potential or confirmed Trip or Service has been cancelled, (d) we may refund your Shipper in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) we may contact your Shipper to inform them about potential alternate Trips with other Carrier/ Agents/Service Providers that may be available on the Site, , and (f) you will not be entitled to any compensation for reservations or Trips (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your EmptyTrips account. You may cancel your EmptyTrips account at any time via the "Cancel Account" feature of the Site or by sending an email to benji@EmptyTrips.com. Please note that if your EmptyTrips account is cancelled, we do not have an obligation to delete or return to you any Member Content you have posted to the Site, including, but not limited to, any reviews or Feedback.
CONTROLLING LAW AND JURISDICTION
These Terms and your use of the Services will be interpreted in accordance with the laws of the Republic of South Africa.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, services and Collective Content, your Listing or Trip of any Trips via the Site, and Services, your participation in the referral program, and any contact you have with other Users of EmptyTrips whether in person or online remains with you.
If you choose to use the Site, application, Services or Collective Content, you do so at your sole risk. The Site, Services, and Collective Content are provided "as is", without warranty of any kind, either express or implied. without limiting the foregoing, EmptyTrips explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of the Site. EmptyTrips makes no warranty that the Site, Services, or Collective Content, including, but not limited to, the Listings, Services or any Trips, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. EmptyTrips makes no warranty regarding the quality of any Listings, Trips, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site, or Services.
No advice or information, whether oral or written, obtained from EmptyTrips or through the Site, Services or Collective Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other Users of the Site, or Services and with other persons with whom you communicate or interact as a result of your use of the Site, or Services, including, but not limited to, any Carrier/ Agents, Service Providers or Shipper and you understand that EmptyTrips does not make any attempt to verify the statements of Users of the Site, or Services or to review or visit any Trips. EmptyTrips makes no representations or warranties as to the conduct of Users of the Site or Services or their compatibility with any current or future Users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other Users of the Site or Services and with other persons with whom you communicate or interact, as a result of your use of the Site or Services, including, but not limited to, Shippers, Carrier/ Agents and Service Providers, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by EmptyTrips. Notwithstanding EmptyTrips' appointment as the limited payment collection agent of the Carrier/ Agents for the purpose of accepting payments from Shipper on behalf of the Carrier/ Agents/Service Providers, EmptyTrips explicitly disclaims all liability for any act or omission of any Shipper or other third party.
You agree to release, defend, indemnify, and hold EmptyTrips and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, the Services, or Collective Content or your violation of these terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Trip of a Trip, or (iii) creation of a Listing; (d) the use, condition or use of an Trip or Service by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Trip or use of a Service.
2.1. For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 ("the Act"). EmptyTrips also subscribes to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
2.3. Users will be prompted to register an account with EmptyTrips. In so doing, users may be asked to provide the following information (Personal Information):
2.3.4. Physical address.
2.3.5. Phone number.
2.3.6. Bank account details.
2.3.7. Company / CC / business name.
2.3.8. Fleet information.
2.3.9. Company/CC/business registration number.
2.5. All payment information will be captured through the Website. Further, EmptyTrips shall retain payment information on behalf of its users.
2.6. We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.
2.7.1. The provision and performance of the services;
2.7.2. Informing you of changes made to our website;
2.7.3. The provision of marketing related services to you by EmptyTrips;
2.7.4. Responding to any queries or requests you may have;
2.7.5. Developing a more direct and substantial relationship with users for the purposes described in this clause;
2.7.6. Developing an online user profile;
2.7.7. Understanding general user trends and patterns so that we can develop and support existing and ongoing marketing strategies;
2.7.8. For security, administrative and legal purposes; and
2.7.9. 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.
2.8. Although absolute security cannot be guaranteed on the internet, EmptyTrips has in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.
2.9. While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
2.10. We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction.
2.11. Your information will not be stored for longer than is necessary for the purposes described in these Terms or as required by applicable legislation.
2.12. The Personal Information EmptyTrips collects from users shall only be accessed by EmptyTrips employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.
2.13. EmptyTrips shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to EmptyTrips for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.
2.15. We reserve the right to sell, share, or rent your Personal Information to any third party. We will not use your e-mail address for unsolicited mail. Any emails sent by EmptyTrips will only be in connection with the provision of our services and/or the marketing thereof.
3. Log Files
3.1. When you visit EmptyTrips, 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 EmptyTrips on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
4.1.1. "Session cookies": These are used to maintain a so-called 'session state' and only lasts for the duration of your use of the Website. 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 Platform to function optimally, but are not used in any way to identify you personally.
4.1.3. "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 EmptyTrips website to work, but may enhance your browsing experience.
5. Links from EmptyTrips
5.1. EmptyTrips, and the services available through the Website, may contain links to other 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 the control, nor responsibility, of EmptyTrips.
5.2. Hyperlinks to Third Party Websites are provided "as is", and EmptyTrips does not necessarily agree with, edit or sponsor the content on Third Party Websites.
5.3. EmptyTrips 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.
5.4. Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. EmptyTrips does not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
6. Application Of The Electronic Communications And Transactions Act 25 Of 2002 ("Ect Act")
6.1. Data Messages (as defined in the ECT Act) will be deemed to have been received by EmptyTrips if and when EmptyTrips responds to the Data Messages.
6.2. Data Messages sent by EmptyTrips to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.
6.3. Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between users and EmptyTrips.
6.4. Information to be provided in terms of section 43(1) of the ECT Act:
6.4.1. Users warrant that Data Messages sent to EmptyTrips from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.
6.4.2. This Website is owned and operated by Empty Trips (Pty) Ltd, (Registration Number: 2015/145979/07) a private company owned and operated in accordance with the laws of the Republic of South Africa.
6.5. Address for service of legal documents: 14 Woodlands Office Park, Woodlands Drive, Sandton, Gauteng, South Africa, 2191.
6.6. Contact Number: 0815232525.
6.7. EmptyTrips - located at https://www.emptytrips.com;
6.8. Email address: firstname.lastname@example.org