Acceptance of terms.

All references to "Berco Express", "we", "us" and "our" in these terms and conditions are deemed to refer to Berco Express (Pty) Ltd, registration number 1998/011447/07, its subsidiaries, affiliates, employees, servants and/or agents All references to "you" are deemed to be refer to any subscriber, user or visitor of this Website.

Berco Express permits the use of this Website subject to the terms and conditions below ("the Terms and Conditions"). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. It should be noted that the use of different parts of this Website may be subject to different terms and conditions as indicated on that part of the Website. In that event, the Terms and Conditions shall apply simultaneously with the said different terms and conditions and in the event of a conflict, the Terms and Conditions as contained herein will prevail.

Furthermore, the Services provided by Berco Express to you from time to time may also be subject to additional terms and conditions. In such instances, your use of these services will also be subject to such terms and conditions governing the relevant services (see reverse side of Sender's copy of waybill). In that event, the Terms and Conditions shall apply simultaneously with the said additional terms and conditions and be the entire agreement between us and you. In the event of a conflict, the Terms and Conditions as contained herein will prevail.

Materials on the Website

The material contained on this Website is for general information purpose only and does not constitute instructions, advice or recommendations of any nature.

Any of the information, services or products on this Website may be changed or varied by Berco Express without prior notice. To the extent that information displayed on this Website relates to the services or prices of any courier or costs related to any services, it is merely for the purposes of general information and Berco Express shall not be bound by it. You are deemed to have acknowledged that the prices or services stated may not be accurate or complete. Berco Express shall be entitled, at any time, without prior notification to you, to change or vary any of the information, prices or services. All waybill prices displayed are subject to change until the waybill information has been verified (admin checked).

You further acknowledge that any report, award, commendation, assessment or reflection of the performance, suitability or reliability of any of our courier or other services is not a warranty by us of our services or any quality thereof, and is thus not to be relied upon by you.

Any views or statements made or expressed on this Website are not necessarily the views of Berco Express.

Copyright

The contents of this Website, including any software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are owned by or licensed to Berco Express. Any unauthorised use, distribution or reproduction of the said contents is prohibited.

Disclaimers

This Website is provided to you "as is". While Berco Express takes reasonable measures to ensure that the contents of this Website are accurate and complete, Berco Express makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.

Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Berco Express also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code (“Viruses”) which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software (“Computer Equipment”) in any way.

Berco Express does not accept any responsibility for any errors or omissions on this Website. 

Limitation of liability 

Berco Express shall in no way be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in the Website or any linked website, or any inability to use the Website, or any unlawful activity on the Website, even if Berco Express was aware or has been advised of the possibility of such loss, expense, claim or damages.

You hereby indemnify Berco Express against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website or the receipt by you of an electronic mail from Berco Express or one that purports to emanate from Berco Express. 

Links to and use of other Websites 

Berco Express does not endorse and is not responsible or liable for the contents, maintenance of, or activities conducted on, any website to which this Website provides an URL (a link).

Despite the fact that this Website may refer to or provide links to other websites, your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained thereon. 

Linking to this Website 

You are not allowed to provide a link from any website to this Website without the written permission of Berco Express.

You are not permitted to "deep link" to this Website or to "frame" any part of this Website. 

Privacy Policy 

You are under no obligation to disclose personal information to Berco Express (except that Berco Express would be entitled to withhold the rendering of any services in the absence of such information). Any information, which you do provide to Berco Express via this Website, whether on any forms you complete or through this Website, and any information which Berco Express has about you, will be regarded by Berco Express as personal information and, subject to the Terms and Conditions, will be treated as confidential.

Berco Express will use your personal information for historical, statistical and research purposes, and for internal marketing in such a manner that you will not be identified.

By disclosing personal information to Berco Express, you are deemed to be aware as to the purpose for which such personal information was processed and to have consented thereto.

Personal information shall not be disclosed to third parties (without your consent) other than as set out in these Terms and Conditions, unless required or permitted by law.

You hereby agree to update any of your personal information in the possession of Berco Express as soon as same is no longer accurate and complete, and not to impersonate or misrepresent any person or entity.If you ever want to update or correct any of your personal information held by Berco Express, kindly contact Berco Express on the telephone number of your nearest Berco Express branch and we will endeavour to update and correct your personal information.

If you disclose any personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Berco Express you must be aware that Berco Express does not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Whilst Berco Express is of intent to take reasonable measures to keep personal information about you confidential, it shall however not be liable for any loss or damage, howsoever arising, suffered as a result of the disclosure of such information. 

Behaviour when using this Website 

You may not use this Website to obtain or distribute:

• copyrighted or protected material without the permission of the owner of the copyright in such material; or
• Viruses which are able to corrupt, interfere with or jeopardise the operation or content of Computer Equipment; or
• material which is defamatory, offensive, unlawful or contains hate speech; or
• unsolicited e-mail; or
• bulk e-mail, whether solicited or unsolicited.

You must not interfere with or jeopardise the functionality or the operation or the content of any part of this Website.

You are strictly prohibited from using this Website for "spoofing", "flaming", "hacking", "cracking" or "spamming".

You may not intercept any information transmitted to or from Berco Express or this Website.

You must respect other users of this Website at all times. 

Changes to these Terms and Conditions 

Berco Express reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments. 

Which laws apply? 

The laws of South Africa will govern these Terms and Conditions. You consent to the jurisdiction of the South African courts for any dispute, which may arise out of these Terms and Conditions. 

Termination 

Berco Express may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that Berco Express will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.