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.
TERMS & CONDITIONS OF SERVICE OF SITE WWW.SUREFOX.CO.ZA
All services and insurance remains at site users' own discretion.
The Site www.surefox.co.za is owned by Santova International Trade Solutions (Pty) Ltd, registration number: 2005/042259/07.
The Site is managed by Santova Financial Services (Pty) Ltd, FSP Number - 6018, hereinafter “Santova”.
All insurance related matters are managed by Santova Financial Services (Pty) Ltd, FSP Number - 6018, and underwritten by Guardrisk Insurance Company, FSP Number- 75, in accordance with the Financial Service Board of South Africa.
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 Santova.
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 Surefox Site and Services comprise an online Site through which a Carrier / Agent / Shipper (as defined, but not limited to) may purchase Cargo Insurance in respect of Cargo.
OTHER KEY TERMS
"Agent " means an entity which acts on behalf of a carrier and/or shipper.
“Cargo” means the goods, packages and/or parcels which are to be/are in transit on a Conveyance.
“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 offers transport services.
“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 Santova Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials. , a digital cargo insurance platform.
"Santova Content" means all Content that Santova 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 Santova Financial Services (Pty) Ltd, FSP Number – 6018.
“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 Guardrisk Insurance Company, FSP Number- 75, as applicable.
“Premium” means the insurance premium due as applicable for selecting Goods in Transit Cargo Insurance by purchasing Cargo Insurance via the Site.
"Member" means a person and/or company which completes the required Site 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.
“Referral and/or Administration Fees” refers to any Referral and/or Administration Fees owing to Santova 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 Santova collects on behalf of if the Insurer.
"Service Fees" means collectively the Referral Fees, Carrier/ Agent Fees and Shipper Fees, owed to Santova, together with any other additional fees as imposed by Santova 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, Surefox,
"Service Provider" means collectively all service providers to Santova, which shall include, but not be limited to, the Carrier / Agents, Insurer and Insurance Broker.
“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.
“Site” means www.surefox.co.za
"Shipper" means a person and/or company which requires transport of goods and services.
“SureFox” means the trade marked name, whether registered or now, utilized by Santova under which the Service of Cargo Insurance will be provided.
“Conveyance” means a commercial conveyance of Cargo from original departure to listed destination point.
"Total Fees" means the total amount due by the Shipper to Santova as Site provider and Collection Agent for Carrier/ Agent and/or the Insurance Broker. These fees include the Services 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.
Santova 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 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 purchasing of private and commercial Cargo Insurance. If you wish to purchase Cargo Insurance, you must first register to create a Surefox online Site Account (defined below) managed by Santova.
As stated above, Santova makes available an online Site.
Unless explicitly specified otherwise on the Site, Santova' responsibilities are limited to: (i) facilitating the availability of the Site and (ii) serving as the limited payment collection agent for the purpose of accepting payments from the Insurance on behalf of the Insurance Broker and Insurer on the Site.
In order to access certain features of the Site and to purchase Insurance, or other Services, you must register to create a Site Account ("Site 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 Santova. Santova 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.
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 Santova.
Santova, may refer Carrier/ Agent and/ or Shipper to its Cargo Insurance policy as specified by the Insurance Broker. 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 (Tobacco products of all descriptions, Alcohol products, arms, ammunition, explosives, hazardous goods, dangerous goods / materials, money, bullion, credit cards, pre-paid cards, jewellery, watches, precious stones, precious metals, gold and or silver, furs, treasury notes, securities, stamps, patterns or manuscripts, any valuable documents, artwork, securities, exotic sea foods, solar panels, tyres, live animals, cellphones and laptops. Unless Santova has explicitly agreed otherwise.)
For excluded Cargo, or a limit above R8,000,000.00 specialist insurance advice is required.
The aforegoing Cargo Insurance may also be purchased as a standalone Service from the Site as part of Santova’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.
APPOINTMENT OF SANTOVA AS LIMITED PAYMENT COLLECTION AGENT FOR INSURER
Insurance is not valid unless full premium is paid prior to commencement of voyage / Shipment / Conveyance.
In consideration for the use of Santova' Site, Santova charges Service Fees. Where applicable, Taxes (such as VAT) may also be charged in respect of the Carrier/ Agent Fees and Shipper Fees. Santova deducts the Carrier/ Agent Fees from the Trip Fees before remitting the balance to the Service Providers as described in these Terms.
Balances will be remitted by Santova to service providers via EFT, PayFast, direct deposit or other payment methods described on the Site, at Santova discretion.
Please refer to the broker for cancellation terms.
Santova 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, Santova 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. Santova reserves the right to request all required VAT and tax certificates of registration as deemed appropriate. Santova 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. Santova 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, Santova 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 Santova 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 Santova 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:
You acknowledge that Santova 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. Santova reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Santova, 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 Santova 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.
You acknowledge and agree that Santova’ provision of the Services is the proximate cause for the generation/derivation of any and all Environmental Commodities and that, consequently, Santova enjoys the full and exclusive right and title to, and ownership of, such Environmental Commodities.
You undertake to provide Santova with any and all assistance, as indicated by Santova from time to time, that Santova deems necessary for the successful undertaking of the Environmental Commodities Processes.
SANTOVA CONTENT AND MEMBER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, Santova grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Site 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 Santova or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, and Services, you hereby grant to Santova a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-
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 Santova 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 Santova' 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 Santova 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 Santova 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 SANTOVA SUREFOX SITE 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 Site 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 Site Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, your Site Account, your Member Content, or receive assistance from Santova 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 Site Account.
You may cancel your Site Account by sending an email with the instruction to firstname.lastname@example.org. Please note that if your Site 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 Insurance Services, your participation in the referral program, and any contact you have with other Users of Santova 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, Santova 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. Santova 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. Santova 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 Santova 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 Santova does not make any attempt to verify the statements of Users of the Site, or Services or to review or visit any Trips. Santova 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 Santova. Notwithstanding Santova' 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, Santova explicitly disclaims all liability for any act or omission of any Shipper or other third party.
You agree to release, defend, indemnify, and hold Santova 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) the use, condition or use of 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.
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"). Santova 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.
Users will be prompted to register an account with Surefox i.e. Santova. In so doing, users may be asked to provide the following information (Personal Information):
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.