Last modified: 09/06/2021
In order to use the Carter Application (the “Carter application” or “Website”), access the information contained on the Carter application or website (the “Website”) or make use of the services provided through the Carter App (the “Service” or “Services”), you (hereinafter referred to as “You”) must first read this agreement (the “Agreement”) and accept it.
By using or receiving any services supplied to you by the Company (collectively, the “Service”), and downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at https://usecarter.com/legal/terms-of-use or through the Service.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes.
The Company does not provide logistics or courier services, and the Company is not a logistics carrier. It is up to the third party courier or logistics provider, courier, or vehicle operator to offer courier services that may be scheduled or requested through the use of the software or service. The company offers information and a method to obtain such third party courier services, but does not and does not intend to provide the aforementioned services or act in any way as a courier or logistics service provider, and has no responsibility or liability for courier services other than the services stated herein provided to you by such third parties.
By using the Software or Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. The Service and Software are not available to children (persons under the age of 18). By using the Software or Services, you represent and warrant that you are at least 18 years old. By using the Software or the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal, or business use. You may not authorise others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws of the Republic of South Africa. You may only access the Services using authorised means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or Software with an incompatible or unauthorised device.
By using the Software or the Services, you agree that:
You will only use the Service or Software for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes. Any packages tendered for delivery shall be subject to random checks for restricted and illegal substances upon reasonable suspicion by the courier service provider. Where the checks reveal any potentially corrosive, poisonous, or explosive contents or unlawful material the courier service provider shall decline delivery of the package and immediately notify the Company.
You will not use the Service or Software to cause nuisance, annoyance, or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the Service Providers or Software in any way whatsoever.
You will not copy, or distribute the Software or other content without written permission from the Company.
You will only use the Software and Service for your own use and will not resell it to a third party.
You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
You will provide us with whatever proof of identity we may reasonably request.
The Company hereby grants you a non‐exclusive, non‐transferable, right to use the Software solely for your own personal, non‐commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.
You shall not: license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; modify or make derivative works based upon the Service or the Software; create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet‐based device; reverse engineer or access the Software in order to
build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Service or Software, or copy any ideas, features, functions or graphics of the Service or Software, or launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
You shall not: send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein; attempt to gain unauthorised access to the Software or Service or its related systems or networks.
Any fees which the Company may charge you for the Software or Services are exclusive of VAT and exclusive of all other taxes and levies, are due immediately and are only refundable in accordance with the cancellation and refund policy listed below. The Company reserves the right to determine the final prevailing pricing ‐ Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Services or Software as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested in how we charge for the Services or Software.
(c) Cancellation and Refund Policy
Deliveries cancelled by You after the request has been accepted by the third-party provider but before a time period of 4 minutes has lapsed will incur no cancellation fee, with a full refund being made to your charged payment method within 5 working days.
Deliveries cancelled by You after 4 minutes of the third-party provider accepting the request will incur a R20.00 fee (Twenty South African Rand) with the remainder of the charged fee being returned to Your charged payment method within 5 working days.
Delivery requests cancelled by the third-party courier provider will incur no cancellation fee on Your behalf. The company reserves the right to change its cancellation policy and fees at any time without any prior notice or notification given to You.
(d) Address Amendments and Item Returns
Should items need to be delivered to a new address or returned to the pickup location, the originally quoted fare will be adjusted accordingly and You will be charged the additional fee separately.
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
During the use and sign-up of the Software and Service, you may be opted-in to our mailing list to receive sign-up verification emails and delivery receipts, you may also enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third‐party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third‐party. The Company does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Software and Service to you according to the terms and conditions of this Agreement. You recognise, however, that certain third‐party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
By entering into this Agreement and using the Software or Service, you agree that you shall defend, indemnify and hold the Company, its licensors, and each such party's parent organisations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of courier services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.
The company makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the service or software. The company does not represent or warrant that (a) the use of the service or software will be secure, timely, uninterrupted or error‐free or operate in combination with any other hardware, software, system or data, (b) the service or software will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects in the service or software will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and software are provided to you strictly on an "as is" basis. All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non‐infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company. The company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability, or availability of any services, products, or goods obtained by third parties through the use of the service or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third party services or products remain solely with you, to the maximum extent permitted by law.
The company's service and software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Except as expressly stated herein, the company will not be liable to you for any claims arising out of logistics and/or courier services procured through the Carter App. In any case and in no event shall the company's aggregate liability exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim.In no event shall the company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the service or software, including but not limited to the use or inability to use the service or software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third-party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or software, even if the company and/or its licensors have been previously advised of the possibility of such damages.For courier service providers connected to you by the company, it will not assess their suitability, legality, or ability and you expressly waive and release the company from any and all liability, claims, or damages arising from or in any way related to the third-party couriers. The company will not be a party to disputes, negotiations of disputes between you, and such third party providers. Unless otherwise agreed to by you and the company, the company shall not play any role in managing payments between you and the third-party providers. Responsibility for the decisions you make regarding services offered via the software or service (with all its implications) rests solely with you. The company will not assess the suitability, legality or ability of any such third parties and you expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the software or service, or in any way related to the third parties introduced to you by the software or service. You expressly waive and release any and all rights and benefits under the laws of the Republic of South Africa (or any analogous law of any other state).The quality of the logistics or courier services scheduled or requested through the use of the service or software is entirely the responsibility of the third-party provider who ultimately provides such services to you. You understand, therefore, that by using the software and the service, your shipments may be exposed to situations that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the software and the service at your own risk.
Notices made by us for You or Your account specifically (e.g., notices of breach and/or suspension) will be provided to You via a notification message displayed on Your account page or via the email address provided to us in Your registration for the Services or in any updated email address You provide to us in accordance with standard account information update procedures we may provide from time to time. It is Your responsibility to keep Your email address current and You will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not You actually receive the email. For notices made by You to us and for questions regarding this Agreement or the Services, You may contact Carter management at firstname.lastname@example.orgThe Company reserves the right to close or suspend Your account without prior warning should You contravene any of the terms and conditions of this Agreement and any future amendments and additions thereto.
Any Agreement with the Company may not be assigned by You without the prior written approval of the Company and any such purported assignment in violation of this section shall be void.The Agreement may be assigned without your consent by the Company to a parent or subsidiary, an acquirer of assets or a successor by merger.
If You authorise, assist, encourage or facilitate another person or entity to take any action related to the subject matter of Your Agreement with the Company and/or these Terms and Conditions, You shall be deemed to have taken the action Yourself.
If any portion of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of these Terms and Conditions will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms and Conditions, and the rest of the Terms and Conditions shall remain in full force and effect.
The failure by us to enforce any provision of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
(d) Successors and Assigns
These Terms and Conditions will be binding upon, and inure to the benefit of the Company and any contracting parties and their respective successors and assigns.
(e) No Agency
Nothing in these Terms and Conditions shall be construed as creating a partnership, contract of employment, agency, joint venture, or franchise relationship between the Company and You.
(f) No Third-Party Beneficiary
You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiary to any agreement entered into with the Company.