Terms and Conditions of Service
And Africa LLC, trading under the name Easy Collect & Drop hereinafter referred to as “ECD”, provides services through its network of Smart Lockers, including but not limited to parcel storage services and carriage services. We may increase or reduce our services without prior notification. By using services provided by ECD, you agree to be bound by the Terms and Conditions set out below.
- ECD (“we”, “us”, “our”) is a smart locker storage and delivery service provider. We operate the website www.easycollectanddrop.com (“Website”) and the mobile phone applications (“App”) to provide services for our users (“Users”, “you”, “your”).
- Smart locker: a smart locker is a self-service automatic terminal consisting of locker cells controlled by a central terminal, allowing users and couriers to deliver to and collect from.
- Services: ECD provides services through its network of smart lockers, including but not limited to parcel storage and delivery services. ECD only operates the smart lockers and courier service thus is not responsible for the other elements necessary to provide these services. We rely on our partners to provide these services.
- Partners: ECD is only responsible for the storage and delivery of your parcels. However, ECD may rely on its partners in delivery of our services. This includes but is not limited to our logistics partners and e-commerce partners.
- Users: users of Services provided by ECD
- In order to use the ECD Services, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable law.
- ECD may need your Personal Information to provide our Services. By using our Services, you represent that any Personal Information that you submit to ECD is true, accurate, and complete, and you agree to receiving from ECD notifications necessary to us providing the Services for you.
3. Use of Services
ECD reserves the right, in its sole and absolute discretion, to deny access to and/or use of the ECD website or app to anyone at any given time and for any reason. While we endeavor to ensure that reasonable efforts are made to keep the website and app services accessible, the services may be unavailable from time to time. You acknowledgeand agree that there may be interruptions to the services and/or use and access to your account due to circumstances such as routine maintenance and other circumstances outside of ECD’s control.
- The User shall pay all charges as and when they fall due in accordance with any relevant provisions in this Agreement.
- ECD reserves the right to suspend or withhold the Services until full payment of any outstanding overdue amount is received.
- ECD reserves the right to alter its charges at any given time.
- In the event of any dispute between ECD and the User relating to any charges billedto the User by ECD, the charges set out in the records of ECD shall be conclusiveevidence of the charges incurred by the User.
- ECD and its Partners shall have a lien on the User’s goods for all charges or paymentsto which ECD is entitled in connection with this Agreement. ECD and its Partners have the right but not the obligation to (a) retain the Goods until such charges and payments are settled or (b) dispose of the Goods.
5. Limitation of ECD smart lockers
- Any parcel that exceeds the reserved locker cell size or maximum weight of 20 kilograms (20,000 grams) will not be carried or stored in our smart lockers. Locker sizes are displayed on our Website, App and our partner e-commerce websites.
- There are restrictions on the opening hours of some ECD locker locations. Details of each location can be read on our Website, App and partner e-commerce websites before selecting a locker. Operating time restrictions will also be displayed on each locker name/ID.
- Our lockers may be fully occupied. When this happens, we encourage you to try placing an order either later that same day or as early as possible on the day after.
- ECD will make reasonable efforts to keep our Services operational. However, certain technical difficulties or maintenance may result in temporary interruptions. ECD reserves the right to modify or discontinue, temporarily or permanently, functions and features of our Services.
- We reserve the right to modify and alter the procedures of using ECD Services.
6. Refusal of Delivery or Storage
We reserve the right to reject parcels based on the limitations listed in this clause below or for any other reason we deem fit. ECD and its logistics partners may, at its absolute and sole discretion, decline to deliver any parcel where ECD and its logistics partners are of the opinion that it is unable to deliver any item safely or legally including, but not limited to the following items:
- items which are prohibited under any applicable law or regulations in South Africa or the country from which the item was shipped;
- fresh food or perishables that cannot be stored in normal temperature;
- explosives, firearms or other offensive weapons, flammable or hazardous materials, poisonous or infectious substances, blood or blood products (whetherinfectious or not), dangerous or undesirable goods;
- all items prohibited by the International Air Transport Association, theInternational Civil Aviation Organization or any relevant government authority orunder any applicable law or regulation;
- human or animal remains;
- live animals;
- currency of any country, credit cards, debit cards or cash cards;
- personal documents issued by government authorities such as identificationcards, passports, driver’s licences, birth certificates etc.;
- original copies of any record, drawing, document or electronic recording of whichduplicates or copies have not been made and kept by you;
- documents containing substantial amount of confidential information;
- precious metals and stones;
- illegal narcotics or drugs;
- any package (or its contents thereof) of a value exceeding R10,000; and
- any package that is not properly packaged and/or sealed.
In the event that ECD or its Partners discovers that a parcel consists of any goods, items, products or materials referred to in this clause, ECD and its Partners reserve the right to dispose of the parcel and/or take appropriate action at your own cost, including reporting to the appropriate governmental or statutory authority and shall notify you of the disposal or such action within a reasonable period from the disposal.
- You must pick up your parcel within 48 hours after your parcel is placed in our Lockers. If you fail to collect your parcel within 48 hours, your parcel may be returned to a redemption centre and extra storage or other charges may apply at your own cost.
- If delivery failed for any reason, we will notify you within 3 business days after delivery failure. In the event that you do not provide instructions regarding the appropriate action to be taken within a period of 30 days after ECD has notified you of a delivery failure, the Parcel may be disposed of by ECD at its sole discretion but at your costs and no refunds will be processed.
- Any claims for damage to and/or loss of the parcel must be made within 14 days from the date on which ECD accepts the parcel for storage, failing which ECD shall have no liability whatsoever.
- All claims must be made by mail, facsimile or email and accompanied by a copy of the invoice and other supporting documents requested by ECD.
- Claims are subject to clause i and other terms in this Agreement.
9. Limitation of Liabilities
ECD shall not be liable for loss or damage arising from or in connection with the following circumstances.
- You have filled in incorrect Personal Information when you use our Services;
- You are not entitled to use ECD Services. e.g. your purchases are not from our partnere-commerce or carried by ECD or our logistics partners;
- ECD’s failure to perform any of its obligations hereunder as a consequence ofcircumstances outside its control, including without limitation any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government (including delay or confiscation or detention of the Delivery Item by government authority), accidents, traffic obstructions or congestion, mechanical breakdown, or other events; or
- Your Parcel consists of any goods, items, products or materials referred to in Clause e above.
ECD’s liability shall in all cases be limited to direct damages suffered by the Customer and ECD’s entire aggregate liability in connection with this Agreement shall be limited to the aggregate cost of your parcels in the transaction concerned or R10,000 per transaction, whichever is lower.
ECD shall under no circumstances be liable for any loss (whether direct or indirect) of revenue, loss of profits or any consequential loss whatsoever as a result of the Services provided or for whatever reason under this Agreement.
10. ECD Partners
By using Services provided by ECD, you are also agreeing to the Terms and Conditions of our partners. We do not control the Terms and Conditions of our Partners. Different terms than those stated in this Agreement may apply. We advise you to visit their website and familiarise yourself with their Terms and Conditions. Our Partners may also collect personal information to facilitate them providing you with their services. These Terms and Conditions do not apply to information collected directly by our Partners.
Parcels are carried at the risk of our logistics partners and ECD accepts no responsibility in tort or contract or otherwise for any loss or destruction of, or damage to, or missed delivery or failure to deliver, or delay in delivery of goods either in transit or in storage, whatever the reason.
We rely on our logistics partners to deliver our courier services. We are not responsible for any loss caused by the negligence of our logistics partners.
11. Personal Privacy & Data
- You agree to your Personal Information being gathered, processed, used and shared with our partners for the purpose of providing our services. Your information may also be shared to the relevant authority at the request for purposes including but not limited to crime prevention, detection, investigation and prosecution. Your Personal Information includes but is not limited to your name, email address, mobile phone number, mailing address, credit or debit card information, parcel contents and images captured by our CCTVs when using our lockers. We may also collect your Personal Information when you contact our customer support.
12. Governing Law
Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by any Magistrates or High Court in South Africa under the relevant jurisdiction and/or legislation in force when notice is submitted to the courts.
13. Force Majeure and other events
Notwithstanding any other provision of this Agreement, a party shall not be liable for any failure to fulfil an obligation under this Agreement (other than an obligation to pay any fees) if such a fulfilment is delayed, prevented, restricted or interfered with for any reason as a result of a causes beyond its reasonable control, or which is not occasioned by its fault or negligence, including, but not limited to, war (declared or undeclared), riots or other acts of civil disobedience, insurrection, acts of God, restraints imposed by governments or other supranational legal authority or any other industrial or trade disputes, fires, explosions, storms, floods, lightening, earthquakes, natural calamities, or telecommunication network outages or degradation, or any other event which prevents or restricts access to a location which ECD requires in order to perform the Services (“Force Majeure”).
The party whose performance has been or is being affected by a Force Majeure shall make reasonable commercial efforts to mitigate the effect of the Force Majeure, and to carry out its obligations as soon as practicable after the removal of the Force Majeure.
14. Entire Agreement
This Agreement embodies the entire understanding between the parties, and there are no promises, terms, conditions or obligations (oral or written, expressed or implied) other than those contained in this Agreement. No change or addition may be made to this Agreement except in writing signed by duly authorized representatives of both parties.
If any provisions of this Agreement shall be construed to be illegal or invalid, they shall not affect the legality, validity or enforceability of the other provisions of this Agreement. The illegal or invalid provision(s) shall be deleted from this Agreement and no longer incorporated in this Agreement but all other provisions of this Agreement shall continue.
16. Changes to Terms & Conditions
We reserve the right to make changes at any time to any part of our Terms and Conditions from time to time. Your continued use of our services after any changes in this Terms & Conditions will constitute your acceptance of such change.
Except as expressly specified in these Terms and Conditions, you agree that you shall not;
- Modify and/or make derivative works of, disassemble, reverse compile and/or reverse engineer any part of the ECD website or app,
- Licence, host, reproduce, assign, republish, sublicence, or in any way commercially exploit the services, in whole or in part,
- Frame or utilize framing techniques to enclose any trademark, logo, images, text, page layout of the website or app,
- Use any manual or automated software, devices or other processes including but not limited to robots, scrapes, crawlers, spiders, data mining tools to scrape and/or download data from any page contained on the website or app,
- Remove and/or destroy any copyright notices and/or other proprietary markings contain on the ECD website or app,
- Run any form of auto-responder and/or spam on the ECD website or app,
You hereby forever discharge and release us, our affiliates and each of our and their respective employees, contractors, directors & representatives from and hereby waive and relinquish, each and very past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature that has arisen or arises directly or indirectly out of, and/or that relates to the services, the conduct, whether online or offline, of any user, any injury, loss or damage caused by another user and any error, omission, interruption, deletion, defect, delay in operation and/or destruction and/or unauthorized access to and/or alteration of the services users’ communications.
19. Contact Us
If you have questions about our Terms & Conditions, please contact our support desk at firstname.lastname@example.org