Terms & Conditions and Privacy Policy

In these terms and conditions, unless inconsistent with or otherwise indicated by the context:

1.1."Access Details" means the information required to access this Application on your mobile device, including your username, email address, password and any one-time pins or biometric credentials used to authenticate you.

1.2."Agreement" means this agreement, comprising these terms and conditions and the Privacy Policy, which governs (i) the relationship between Packhitch and each User in connection with the use of the Application, and (ii) the contractual relationship between a Sender and a Deliverer in respect of each Matched Offer (to which Packhitch is not a party), the provisions of these terms and conditions being deemed to be incorporated into the contract between the Sender and the Deliverer arising on each Matched Offer.

1.3."this/the Application" means the Packhitch mobile application and any related platform, website or interface as modified, updated, upgraded or revised by Packhitch from time to time.

1.4."the Commencement Date" means the date of the registration of a User Account by you on this Application.

1.5."Confirmation of Delivery" means confirmation of the Delivery of a Package in the manner set out in clause 11.

1.6."CPA" means the Consumer Protection Act 68 of 2008, as amended.

1.7."Delivery" means the physical conveyance of a Package from a Sender to a recipient nominated by the Sender pursuant to a Matched Offer.

1.8."Deliverer" means a User who makes an Offer in respect of a Delivery Request, or whose Planned Trip or selected Zones cause it to be matched to a Delivery Request, and who undertakes to convey a Package on behalf of a Sender, whether using a motor vehicle, motor cycle, bicycle, public transport or otherwise. The Deliverer is referred to in the Application as the "driver".

1.9."Delivery Request" means a request placed by a Sender on this Application for the Delivery of a Package, comprising the Sender's Package Declaration, collection and drop-off locations, the requested arrival date and time, and the Service Fee calculated and displayed by the Application under "My Deliveries".

1.10."ECTA" means the Electronic Communications and Transactions Act 25 of 2002, as amended.

1.11."Escrow Account" means the account operated by the Payment Processor into which the Service Fee is paid by the Sender at the time of placing an Offer, and held pending Confirmation of Delivery in accordance with clause 11.

1.12."IP Rights" means all patents, copyrights, design rights, trade marks, service marks, trade secrets, trade, business and domain names, rights in trade dress or get-up, rights in designs, rights in computer software, source code, object code, algorithms, databases, moral rights, rights in confidential information (including know-how and trade secrets), and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world, of Packhitch including (but not limited to) relating to this Application, or any other person as the context may indicate.

1.13."Matched Offer" means a Delivery Request in respect of which an Offer has been made by a Deliverer and accepted by the Sender, or in respect of which a Sender has booked a Deliverer's Planned Trip, displayed in the Application under "Accepted" (for the Sender) and "Accepted Deliveries" (for the Deliverer).

1.14."Mobile Device" means a piece of portable electronic equipment that can connect to the internet and/or make use of GPS, including but not limited to a smartphone or tablet computer, onto which this Application must be installed for its use.

1.15."NLTA" means the National Land Transport Act 5 of 2009, as amended, and any regulations made thereunder.

1.16."Offer" means an offer made by a Deliverer through the Application to fulfil a specific Delivery Request, displayed in the Application under "My Offers" (for the Deliverer) and "Received Offers" (for the Sender).

1.17."Package" means the item or items which a Sender requests to be delivered through this Application, including the contents thereof and the packaging thereof.

1.18."Package Declaration" means the declaration made by a Sender at the time of placing a Delivery Request, setting out, at minimum: (i) the size category of the Package (small, medium, large or extra-large); (ii) the dimensions of the Package (length, width and height); (iii) the weight of the Package; (iv) a description of the contents of the Package; (v) whether the Package contains any fragile, perishable, valuable or regulated items; (vi) the recipient details (including the recipient's name and contact details); (vii) the requested arrival date and time; and (viii) any special handling instructions.

1.19."Packhitch" means Packhitch Proprietary Limited (registration number 2025/215424/07), a private company duly incorporated in accordance with the laws of the Republic of South Africa, which the Parties acknowledge is the owner, licensor and operator of this Application.

1.20."the Parties" means you and Packhitch and "Party" means either one of them as the context requires.

1.21."Payment Processor" means Paystack, or any other third party payment service provider engaged by Packhitch from time to time to process payments and operate the Escrow Account.

1.22."Personal Information" means personal information as defined in section 1 of POPIA, including without limitation information relating to an identifiable, living, natural person and, where applicable, an identifiable, existing juristic person.

1.23."Planned Trip" means a notice posted by a Deliverer on this Application of a journey the Deliverer intends to undertake (specifying starting point, destination, departure date and time, and arrival date and time), enabling Delivery Requests along that route to be matched to that Deliverer and displayed in the Application under "Upcoming Trips".

1.24."Platform Fee" means the commission payable by the Deliverer (or, where so structured, payable by the Sender) to Packhitch for the use of this Application, equal to fifteen percent (15%) of the Service Fee or such other percentage as Packhitch may notify from time to time.

1.25."Privacy Policy" means the privacy policy set out in section C of this Agreement.

1.26."POPIA" means the Protection of Personal Information Act 4 of 2013, as amended.

1.27."Prohibited Goods" means the items listed in clause 8 and any other items which Packhitch may from time to time prohibit from being sent through this Application.

1.28."Republic" means the Republic of South Africa.

1.29."Sender" means a User who posts a Delivery Request on this Application for the Delivery of a Package.

1.30."Service Fee" means the amount determined and set by Packhitch from time to time and displayed to the Sender in the Application at the time of placement of a Delivery Request, payable by the Sender for the Delivery of the Package, inclusive of the Platform Fee.

1.31."User" means any natural person who has registered a User Account on this Application and includes both Senders and Deliverers, and "Users" shall be construed accordingly.

1.32."User Account" means the account registered by a User on this Application.

1.33."User Content" means any and all information, data, text, photographs, videos, location data, reviews, ratings and other content uploaded, posted or transmitted by a User through this Application.

1.34."You / Your / User" means the person that has downloaded, installed, registered for and/or makes use of this Application as a Sender, Deliverer, or both.

1.35."Zone" means a geographic operating area selected by a Deliverer on this Application, in respect of which Delivery Requests within that area may be matched to that Deliverer.

2.1.This Application is a technology platform whose sole function is to enable Senders and Deliverers to find each other and to enter into Delivery arrangements directly between themselves. Packhitch is, and acts only in the capacity of, an intermediary matching service. Packhitch is not a courier, freight forwarder, carrier, transport operator, common carrier, employer of any Deliverer, principal of any Sender, agent of any User, or party to any Delivery arrangement concluded through this Application.

2.2.Any Delivery arrangement concluded through this Application is a separate, direct contractual arrangement between the Sender and the Deliverer concerned. Packhitch is not a party to that arrangement and assumes no responsibility for its performance, breach or any dispute arising therefrom.

2.3.Packhitch grants you a non-transferable, non-exclusive, revocable (at the sole discretion of Packhitch for any reason whatsoever), limited licence to use this Application solely for the purposes contemplated in these terms and conditions.

2.4.Packhitch makes no representation or warranty about, and gives no guarantee in respect of, the identity, character, integrity, reliability, conduct, qualifications, competence, fitness, roadworthiness, vehicle, insurance, licensing or honesty of any Deliverer or Sender, or the quality, suitability, safety, condition, contents or value of any Package.

2.5.Packhitch has the right, at its sole discretion, to refuse, decline, suspend, remove or remotely disable any User Account, Delivery Request, Offer, Planned Trip, Zone selection or User Content for any reason whatsoever including, but not limited to, abuse of the Application, breach of these terms and conditions, suspected unlawful conduct, repeated complaints, low ratings, or where Packhitch in its sole discretion considers it appropriate to do so. In the event of such suspension, removal or termination you shall have no claim against Packhitch nor shall you dispute the legality of such action or question any information leading to that decision.

3.1.By creating a User Account, you represent and warrant that you are at least 18 (eighteen) years of age (or, if younger, that you have the prior written consent of your parent or guardian, in which event such parent or guardian shall be jointly and severally bound hereby) and have the full legal capacity to enter into a binding agreement of this nature.

3.2.You consent to and accept these terms and conditions and the Privacy Policy electronically by clicking the acceptance tick-box during registration and by continuing to use this Application. Such electronic acceptance shall, in accordance with sections 11 and 24 of ECTA, constitute valid and binding agreement.

3.3.You agree to provide accurate, current and complete information during registration and to keep your User Account information updated. Packhitch reserves the right to verify any information provided by you and to refuse, suspend or terminate any User Account where information appears to be inaccurate, false or misleading.

3.4.You may not create more than one User Account, nor may you allow any other person to use your User Account. Each User Account is personal to you.

4.1.When downloading, installing and using this Application, you must keep your Access Details strictly confidential and must not convey your Access Details to any third party.

4.2.You agree that the following actions shall constitute material breaches of these terms and conditions:

4.2.1.signing in as, or pretending to be, another person;

4.2.2.using the Access Details of other persons without their authorisation;

4.2.3.using automated means (including bots, scripts or scrapers) to create an account or interact with the Application;

4.2.4.using interactive services in a manner intended to harm any other User or Packhitch;

4.2.5.using any name, image or other content in violation of the IP Rights of any other person; and

4.2.6.gathering information about other Users without obtaining their prior written consent.

4.3.You are solely responsible for all activity that occurs under your User Account, whether or not authorised by you, and Packhitch shall not be liable for any loss or damage resulting from any unauthorised use of your User Account.

5.1.Each Sender warrants, undertakes and agrees that:

5.1.1.it is the lawful owner of, or has the lawful authority to send, every Package submitted for Delivery through this Application;

5.1.2.it shall, at the time of placing each Delivery Request, complete a full and accurate Package Declaration, including the size and dimensions of the Package, its weight, a true and accurate description of its contents, and any fragile, perishable, valuable, hazardous or regulated nature of the Package or its contents;

5.1.3.it shall provide accurate and complete collection and delivery addresses, recipient details and any required access information;

5.1.4.the Package and its contents are not, and do not include, Prohibited Goods, and do not contravene any applicable law, regulation, sanction, embargo or by-law of the Republic or of any country into or through which the Package may pass;

5.1.5.the Package is properly, securely and appropriately packaged having regard to the nature, weight and fragility of its contents, so as to withstand ordinary handling and transport, and is clearly labelled with the recipient's name and contact details;

5.1.6.the Package does not contain cash, negotiable instruments, irreplaceable items, items of sentimental value, original identity documents or original title deeds, save where the Sender has expressly accepted the risk of doing so;

5.1.7.the Sender shall comply with all applicable laws and regulations in connection with the sending of the Package, including (without limitation) those relating to consumer protection, customs, excise, tax, hazardous goods, controlled substances and the protection of personal information of any third party whose information is included in the Package; and

5.1.8.the Sender shall not use the Application to facilitate any unlawful, fraudulent, money-laundering, terrorist-financing or sanctions-evading activity.

5.2.The Sender accepts full and sole liability for the contents of every Package, including any loss, damage, injury, harm, claim, fine, penalty, regulatory action or expense suffered or incurred by Packhitch, any Deliverer or any third party as a result of, or in connection with, the contents of the Package, the inaccuracy or incompleteness of the Package Declaration, or any breach by the Sender of clause 5.1.

5.3.The Sender hereby indemnifies, and holds harmless, Packhitch, its directors, employees, agents, contractors, the Payment Processor, and any Deliverer, against any and all claims, demands, actions, losses, liabilities, damages (whether direct, indirect, consequential, special, incidental, punitive or otherwise), costs and expenses (including legal costs on the scale as between attorney and own client) arising out of or in connection with the Package, its contents, the Package Declaration, or any breach by the Sender of these terms and conditions.

5.4.Without limiting the generality of the foregoing, Packhitch may at any time, on reasonable suspicion, refuse to allow an Offer to be matched, require the Sender to open the Package for inspection by the Deliverer prior to collection, and/or notify and cooperate with the South African Police Service or other competent authority.

6.1.Each Deliverer warrants, undertakes and agrees that:

6.1.1.it holds, and shall at all times maintain, all licences, permits, registrations, operating licences and authorisations required by applicable law (including, where applicable, the NLTA and the National Road Traffic Act 93 of 1996) to undertake the Delivery in question;

6.1.2.any vehicle, motor cycle, bicycle or other means of transport used by it for a Delivery is in a roadworthy and lawful condition and is operated in compliance with all applicable laws and traffic regulations;

6.1.3.it has, at its own cost and risk, such insurance cover (including, where applicable, third party liability and goods-in-transit cover) as it considers appropriate, it being expressly recorded that Packhitch does not provide and does not procure any insurance in respect of any Delivery, any Deliverer, any Package or any User;

6.1.4.it shall collect the Package from the Sender at the agreed time and location, transport the Package directly and without unnecessary delay or deviation to the agreed delivery location, and deliver the Package to the recipient nominated by the Sender;

6.1.5.it shall handle the Package with reasonable care, having regard to the Package Declaration and any special handling instructions provided by the Sender;

6.1.6.it shall keep the Package in its sole care, custody and control from the time of collection until the time of Delivery, and shall not entrust the Package to any third party (including any sub-contracted deliverer) without the Sender's prior consent;

6.1.7.it shall obtain, where reasonably practicable, electronic or photographic confirmation of delivery through the Application;

6.1.8.it shall not open, tamper with, consume, use, copy, distribute, sell, pledge or otherwise deal with the Package or its contents;

6.1.9.it shall not accept, transport or deliver any Package which it knows, or ought reasonably to suspect, contains Prohibited Goods, and shall promptly notify Packhitch of any such suspicion;

6.1.10.it shall comply with all applicable laws, including those relating to the carriage of goods, road traffic, customs and the protection of personal information; and

6.1.11.it shall not solicit Senders to bypass the Application or otherwise transact off-platform.

6.2.The Deliverer accepts full responsibility, as between itself and the Sender, for any theft, loss, damage, destruction, misappropriation or non-delivery of, or tampering with, a Package while the Package is in the care, custody or control of the Deliverer, save where such theft, loss, damage, destruction, misappropriation, non-delivery or tampering arises from: (a) any breach by the Sender of clause 5; (b) any inaccuracy in the Package Declaration; (c) defective or inadequate packaging by the Sender; (d) the inherent nature of the contents of the Package; or (e) any event of force majeure.

6.3.The Sender's sole and exclusive remedy in respect of any such theft, loss, damage, destruction, misappropriation, non-delivery or tampering shall be a claim against the Deliverer concerned. Packhitch shall not be liable in any manner whatsoever for any such occurrence, and is under no obligation to mediate, arbitrate, investigate, prosecute, recover or settle any dispute between the Sender and the Deliverer.

6.4.Notwithstanding the foregoing, Packhitch may, in its sole discretion and without obligation, assist a Sender by providing such information from the Application as is reasonably necessary for the Sender to pursue its remedies against the Deliverer.

7.1.The relationship between Packhitch and each Deliverer, and between each Sender and Deliverer, is that of independent contracting parties. Nothing in this Agreement or in the operation of the Application shall be construed as creating an employment relationship, a partnership, a joint venture, a franchise, a master-and-servant relationship, or any agency relationship (save for the limited matters expressly addressed in clause 10 (Payment, Escrow, Platform Fee and Refunds)) between Packhitch and any Deliverer or between any Sender and Deliverer.

7.2.Without limiting the generality of the foregoing, each Deliverer:

7.2.1.is free to decide whether, when, how often and for how long to make itself available through the Application, and to accept or decline any Delivery Request or Offer;

7.2.2.is free to provide the same or similar services through any competing platform or service, and Packhitch claims no exclusivity over the Deliverer's services;

7.2.3.uses its own vehicle, motor cycle, bicycle or other means of transport, its own Mobile Device and its own equipment, and bears the costs (including fuel, maintenance, depreciation, mobile data, insurance and licensing) associated therewith;

7.2.4.determines its own route, save where a specific route is required by law or by the reasonable nature of the Matched Offer;

7.2.5.is responsible for its own tax, value-added tax, unemployment insurance, occupational injury cover, retirement provision, medical insurance and any other social-security obligations;

7.2.6.is not entitled to any of the rights, protections, benefits, leave, notice, severance or remuneration applicable to employees under the Labour Relations Act 66 of 1995, the Basic Conditions of Employment Act 75 of 1997, the Compensation for Occupational Injuries and Diseases Act 130 of 1993, the Unemployment Insurance Act 63 of 2001, the Skills Development Levies Act 9 of 1999, the Occupational Health and Safety Act 85 of 1993 or any related legislation;

7.2.7.acknowledges that the Service Fee is not "remuneration" within the meaning of the Labour Relations Act or the Basic Conditions of Employment Act, but a fee paid for an independent service rendered;

7.2.8.acknowledges that Packhitch does not direct or supervise the Deliverer in the performance of the Deliverer's work, save to the limited extent of requiring compliance with these terms and conditions, applicable law, and basic safety and quality standards published by Packhitch from time to time, and that such limited requirements do not constitute "control or direction" within the meaning of section 200A of the Labour Relations Act or section 83A of the Basic Conditions of Employment Act; and

7.2.9.acknowledges that the Deliverer does not form part of Packhitch's organisation, is not economically dependent on Packhitch, and is responsible for its own marketing, business development and tools of trade.

7.3.To the extent that any law (now or in the future) reclassifies the Deliverer as an employee, dependent contractor, deemed employee or similar of Packhitch or of any Sender, the Deliverer and Sender each agree (insofar as lawful) that:

7.3.1.any liability of Packhitch for amounts payable to or in respect of the Deliverer (including taxes, unemployment insurance contributions, skills development levies, leave pay, severance, overtime and the like) shall be borne by the Deliverer; and

7.3.2.the Deliverer indemnifies Packhitch against any such liability, claim, fine or penalty arising from such reclassification.

7.4.No provision of this Agreement, nor any feature of the Application (including the Service Fee determined by Packhitch, ratings, performance standards, suspension and termination provisions or prohibited goods rules) shall be construed as conferring on Packhitch any "control or direction" over the manner in which any Deliverer performs the Deliverer's services, all such features being commercially necessary platform-quality measures of the kind ordinarily required of any market participant.

8.1.The following items may not, under any circumstances, be sent, transported or delivered through this Application (the "Prohibited Goods"):

8.1.1.any item the possession, transport or supply of which is unlawful in the Republic, including any controlled or scheduled substance, narcotic drug, psychotropic substance, precursor chemical or counterfeit goods;

8.1.2.firearms, ammunition, explosives, fireworks, flares, detonators, gunpowder, and any parts, components or accessories of any of the foregoing;

8.1.3.weapons of any kind (including knives, daggers, swords, crossbows, stun guns, pepper sprays and tasers), save where lawfully permitted and expressly disclosed and authorised in advance;

8.1.4.hazardous, dangerous, flammable, combustible, explosive, corrosive, radioactive, toxic, biohazardous, infectious or environmentally harmful substances of any kind (including LPG, paint, petrol, batteries, lithium-ion power banks above any limit prescribed by law, asbestos, mercury and clinical waste);

8.1.5.live or dead animals, body parts (whether human or animal), cremated remains, human remains, fetal remains, organs, tissue, blood, bodily fluids and any biological samples;

8.1.6.cash, bank notes, coins, bearer instruments, negotiable instruments, traveller’s cheques, lottery tickets, gift cards with cash equivalent value, and prepaid payment instruments;

8.1.7.unset precious or semi-precious stones, gold or platinum bullion or scrap, krugerrands, and any item containing more than 50% by weight of gold or platinum in raw form;

8.1.8.original identity documents, original passports, original title deeds, original wills, and other irreplaceable original documents;

8.1.9.perishable goods which are not appropriately packaged, refrigerated or insulated for the duration of the proposed Delivery;

8.1.10.pornography, child sexual abuse material, and any obscene, defamatory, hateful or unlawful content;

8.1.11.tobacco products, vaping products, e-cigarettes and alcoholic beverages where the Sender or recipient is, or appears to be, under the legal age limit, or where the sale or supply thereof would contravene any law;

8.1.12.prescription medication, save where accompanied by a valid prescription and where lawful;

8.1.13.goods exceeding the size, weight or volumetric limits notified by Packhitch through the Application from time to time;

8.1.14.goods of a single declared value exceeding the value cap (if any) notified by Packhitch through the Application from time to time; and

8.1.15.any other item which Packhitch, in its sole discretion, designates as a Prohibited Good from time to time.

8.2.Any breach of this clause 8 by a Sender shall entitle Packhitch to immediately suspend or terminate the Sender's User Account, to forfeit any amounts held in the Escrow Account in favour of the Deliverer or Packhitch (as Packhitch may determine), and to report the breach to the South African Police Service or any other competent authority. The Sender shall remain fully liable to Packhitch and the Deliverer for any loss, damage, fine, penalty, regulatory cost or expense suffered as a result of such breach and hereby indemnifies Packhitch and the Deliverer in respect thereof in accordance with clause 5.3.

9.1.A Sender may post a Delivery Request on the Application by completing the required fields, including the Package Declaration, the collection and delivery addresses, and the requested arrival date and time. The Service Fee payable in respect of the Delivery shall be calculated and displayed by the Application to the Sender at the time the Delivery Request is finalised. The posting of a Delivery Request by a Sender constitutes the Sender's acceptance of the Service Fee so displayed.

9.2.A Deliverer may participate on this Application in one or both of the following ways:

9.2.1.by posting a Planned Trip in the Application's "Upcoming Trips" view, setting out the starting point, destination, departure date and time, and arrival date and time, in which case Delivery Requests along that route may be matched to the Deliverer; and/or

9.2.2.by selecting one or more Zones in which the Deliverer is willing to operate, in which case Delivery Requests within those Zones may be matched to the Deliverer.

9.3.A Deliverer may make an Offer in respect of a Delivery Request that has been matched to the Deliverer via a Planned Trip or a Zone. Offers made by a Deliverer appear in the Deliverer's "My Offers" view in the Application and, on the Sender's side, in the "Received Offers" view in the Application.

9.4.A Matched Offer arises when the Sender accepts an Offer made by a Deliverer (or when a Sender books a Deliverer's Planned Trip in such manner as the Application may from time to time permit). Upon a Matched Offer arising:

9.4.1.a direct contract is concluded between the Sender and the Deliverer on the terms set out in the Delivery Request, the Offer and these terms and conditions, to which Packhitch is not a party;

9.4.2.the Matched Offer is displayed in the Sender's "Accepted" view and the Deliverer's "Accepted Deliveries" view in the Application; and

9.4.3.upon collection of the Package by the Deliverer, the Matched Offer moves to the "In Transit" view in the Application for both Users.

9.5.Packhitch makes no warranty that any Delivery Request will be matched, that any Offer will be accepted, that any Planned Trip will result in a Matched Offer, or that any Zone selection will result in a Matched Offer being directed to the Deliverer.

9.6.Communications between Users in respect of a Delivery Request, Offer, Planned Trip, Zone or Matched Offer must remain professional, lawful and limited to matters reasonably required for the performance of the Matched Offer. Where the contact details of another User are made available to you upon a Matched Offer arising, you may use those contact details solely for the purposes of performing that Matched Offer, and such use remains subject to this clause 9.6 and the Privacy Policy. No User (whether Sender or Deliverer) may use such communications or contact details to circumvent the Application, to solicit or conclude off-platform transactions, or for any unlawful purpose.

10.1.All payments under this Application shall be made via the Payment Processor. By using the Application, you authorise the Payment Processor to process payments on your behalf in accordance with these terms and conditions.

10.2.At the time of placing a Delivery Request (or, where applicable, on the acceptance of an Offer), the Sender shall pay the Service Fee into the Escrow Account. The Service Fee shall be held in the Escrow Account by the Payment Processor pending Confirmation of Delivery in accordance with clause 11.

10.3.Upon Confirmation of Delivery, the Payment Processor shall, on the instruction of Packhitch, release the Service Fee less the Platform Fee to the Deliverer, and release the Platform Fee to Packhitch.

10.4.The Platform Fee is fifteen percent (15%) of the Service Fee, or such other percentage as Packhitch may notify through the Application from time to time. The Platform Fee is non-refundable save in the limited circumstances set out in clause 10.6.

10.5.Packhitch is not the Payment Processor, does not handle funds directly, and is not a financial institution. The relationship between you and the Payment Processor is governed by the Payment Processor's own terms and conditions, to which you must separately agree. Packhitch shall not be liable for any act, omission, delay, failure, insolvency, hacking, breach, error or other event affecting the Payment Processor.

10.6.In the event of cancellation of a Delivery Request, Offer or Matched Offer, the Service Fee and any Platform Fee shall be dealt with in accordance with clause 12.

10.7.You shall be solely responsible for all taxes (including income tax and value-added tax) payable by you in respect of any Service Fee received or paid by you. Packhitch makes no representation as to the tax treatment of any payments and you should obtain your own tax advice.

10.8.Chargebacks:

10.8.1.The Sender warrants that the Sender is the lawful holder of, or is duly authorised to use, the payment card, account or other payment instrument used to fund any Service Fee, and that the Sender has not initiated and shall not initiate any payment under duress, in error or fraudulently.

10.8.2.The Sender shall not initiate a chargeback, reversal, dispute or recall of any Service Fee with the Sender's card issuer, bank or other payment provider until the Sender has first raised and exhausted the in-Application dispute resolution process set out in clause 11. Any chargeback initiated in breach of this clause 10.8.2 shall constitute a material breach of these terms and conditions.

10.8.3.Where a chargeback is determined by Packhitch (acting reasonably) to be unwarranted, fraudulent, vexatious or initiated in breach of clause 10.8.2: (a) the Sender shall remain liable to Packhitch and to the Deliverer for the full amount charged back, together with any associated transaction fees, currency conversion costs, bank charges and reasonable administrative costs incurred by Packhitch in defending or processing the chargeback; (b) Packhitch shall be entitled, without further notice, to set-off and recover such amounts against any other amount held in the Escrow Account, any future Service Fee paid by the Sender, or any other amount owing by Packhitch to the Sender; (c) Packhitch shall be entitled to suspend or terminate the Sender's User Account with immediate effect; and (d) Packhitch shall be entitled to report the chargeback to relevant credit bureaux, payment industry databases and law-enforcement authorities.

10.8.4.The Sender hereby indemnifies Packhitch and the affected Deliverer against any and all losses, costs, fines, fees and expenses (including legal costs on the scale as between attorney and own client) suffered or incurred as a result of any chargeback that is unwarranted, fraudulent, vexatious or initiated in breach of clause 10.8.2.

11.1.Confirmation of Delivery shall occur when (a) the recipient nominated by the Sender confirms receipt of the Package through the Application; or (b) the recipient has not confirmed receipt and the Sender has not disputed delivery within 48 (forty eight) hours after the Deliverer marks the Package as delivered through the Application and (where reasonably practicable) uploads photographic or electronic proof of delivery; whichever is the earlier.

11.2.Should the Sender wish to dispute delivery, the Sender shall do so through the Application within the 48 (forty eight) hour window, providing reasons and supporting evidence. The Service Fee shall remain in the Escrow Account pending resolution of the dispute.

11.3.Packhitch may, in its sole discretion, attempt to facilitate resolution of any dispute between a Sender and a Deliverer, but is under no obligation to do so and shall not be liable for the outcome of any such facilitation. Packhitch may, in its sole discretion, release funds from the Escrow Account in such manner as it considers fair in the circumstances, and the Users shall be bound by such determination, without prejudice to the Users' respective rights against each other.

11.4.Any dispute between Users which is not resolved through the Application remains a dispute between the Users concerned and not a dispute involving Packhitch.

12.1.Each of the Sender and the Deliverer may cancel a Delivery Request, Offer or Matched Offer by notifying Packhitch through the support channels published in the Application (or through such self-service cancellation mechanism as Packhitch may make available in the Application from time to time), subject to the consequences set out in this clause 12. The financial consequences of a cancellation depend on (a) which Party cancels; (b) the stage at which the cancellation occurs; and (c) whether the cancellation is reasonable in the circumstances.

12.2.A Sender may cancel a Delivery Request at any time before a Matched Offer arises, in which case the Sender shall be entitled to a full refund of any amount held in the Escrow Account in respect of that Delivery Request.

12.3.In the event of cancellation by the Sender after a Matched Offer arises:

12.3.1.If the Sender cancels a Matched Offer before the Deliverer has commenced travel for collection of the Package, the Sender shall be entitled to a refund of the Service Fee less a reasonable cancellation fee determined by Packhitch from time to time and displayed in the Application, which may include a portion payable to the Deliverer in respect of time and effort incurred.

12.3.2.If the Sender cancels a Matched Offer after the Deliverer has commenced travel for collection of the Package but before the Package has been collected, Packhitch may, in its discretion, retain such portion of the Service Fee from the Escrow Account as is reasonable to compensate the Deliverer for the travel, time and inconvenience incurred, and shall refund only the balance (if any) to the Sender.

12.3.3.If the Sender cancels a Matched Offer after the Package has been collected, the Matched Offer shall be treated as a Failed Delivery in accordance with clause 14, and the Sender shall remain liable for the full Service Fee and any return or storage costs.

12.4.In the event of cancellation by Deliverer:

12.4.1.A Deliverer may cancel a Matched Offer at any time before collection of the Package, in which case the full Service Fee held in the Escrow Account shall be refunded to the Sender.

12.4.2.Repeated or unreasonable cancellations by a Deliverer may result in: (a) a cancellation penalty levied against the Deliverer in such amount as Packhitch may from time to time determine and display in the Application; (b) suspension or termination of the Deliverer's User Account; and/or (c) the withholding of amounts otherwise payable to the Deliverer in respect of other Matched Offers, as security for or in satisfaction of such penalty.

12.4.3.If a Deliverer abandons a Matched Offer after collection of the Package, the Deliverer shall: (a) be in material breach of these terms and conditions; (b) forfeit all entitlement to the Service Fee in respect of that Matched Offer; (c) be liable to the Sender for any loss, damage or expense reasonably incurred as a result; and (d) be liable to immediate suspension or termination of its User Account at Packhitch's discretion.

12.5.Where a cancellation is necessitated by a force majeure event (including extreme weather, accident, illness, civil unrest or any act, default or delay of any governmental or law-enforcement authority), no penalty shall be levied against the cancelling Party. Packhitch may, in its discretion, refund the Service Fee in full to the Sender and/or apportion any reasonable costs already incurred between the Parties on an equitable basis.

12.6.Packhitch may cancel any Delivery Request, Offer, Matched Offer, Planned Trip, Zone or User Account in its sole discretion, at any time, for any reason, without notice and without liability. Where Packhitch cancels for reasons other than breach by a User, the Service Fee held in the Escrow Account in respect of that Matched Offer shall be refunded to the Sender.

12.7.Notwithstanding any other provision of this clause 12, no refund of the Service Fee shall be payable, and a reasonable penalty (in such amount as Packhitch may determine, acting reasonably, having regard to the loss caused) may be retained from any amount held in the Escrow Account or charged to the User concerned, where the cancellation is found by Packhitch (acting reasonably) to be: (a) vexatious, frivolous or made in bad faith; (b) made in order to evade the consequences of a breach of these terms and conditions; (c) attributable to a deliberate misrepresentation by the User in a Delivery Request, Offer or Package Declaration; or (d) one of a pattern of unreasonable cancellations by the same User.

12.8.The cancellation provisions of this clause 12 shall apply notwithstanding any contrary provision in clauses 10 (Payment, Escrow, Platform Fee and Refunds) or 14 (Returns and Failed Delivery).

13.1.All collection and arrival dates and times set out in a Delivery Request, Offer, Planned Trip or Matched Offer are estimates only, made in good faith, and shall not be construed as a warranty, guarantee or representation by Packhitch or by any Deliverer as to actual times of collection or arrival.

13.2.In the event that a Package is not delivered by the requested arrival date and time (a "Late Delivery"), the Deliverer shall notify the Sender as soon as reasonably possible, by any means reasonably calculated to reach the Sender (including through the Application, where available, or using the contact details made available upon the Matched Offer arising), indicating the cause of the delay and the revised estimated time of Delivery.

13.3.A Late Delivery shall not, in and of itself, entitle the Sender to a refund or any other remedy, save that Packhitch may, in its sole discretion and on a case-by-case basis, authorise the Payment Processor to release a partial refund of the Service Fee out of the Escrow Account, or apply a credit to the Sender's account, having regard to the circumstances of the delay.

13.4.Neither Packhitch nor the Deliverer shall be liable to the Sender, to any recipient or to any third party for any direct, indirect, consequential, special, incidental, punitive or any other loss or damage arising from or in connection with a Late Delivery, including (without limitation) loss of profit, loss of opportunity, loss of business, perishability or deterioration of the contents of the Package, missed events or any other consequential loss whatsoever.

13.5.No Deliverer shall be in breach of its obligations under a Matched Offer to the extent that any Late Delivery arises from: (a) force majeure (including weather, accident, civil unrest, road closure, illness or any act, default or delay of any governmental or law-enforcement authority); (b) any inaccuracy in the Package Declaration or any other act, omission or default of the Sender; (c) the recipient being unavailable, unwilling or unable to accept the Package at the agreed delivery address; or (d) any breach by the Sender of these terms and conditions.

14.1.In the event that the Deliverer attends at the delivery address but is unable to effect Delivery because: (a) the recipient cannot be located at the delivery address; (b) the recipient refuses to accept the Package; (c) the delivery address is inaccurate, incomplete or inaccessible; or (d) for any other reason not attributable to the fault of the Deliverer (a "Failed Delivery"), the Deliverer shall notify the Sender as soon as reasonably possible, by any means reasonably calculated to reach the Sender.

14.2.Upon receipt of notification of a Failed Delivery, the Sender shall, within 24 (twenty four) hours, elect one of the following options by notifying Packhitch through the support channels published in the Application (or through such in-Application mechanism as Packhitch may make available from time to time):

14.2.1.a re-attempt at the same or a corrected delivery address, subject to the payment by the Sender of an additional fee as agreed with the Deliverer, facilitated by Packhitch;

14.2.2.return of the Package to the Sender's original collection address (or such other address as the Sender may notify), subject to the payment by the Sender of a return fee as agreed with the Deliverer, facilitated by Packhitch; or

14.2.3.abandonment of the Package, in which case the Sender authorises the Deliverer (or Packhitch) to dispose of the Package in any lawful manner, without liability to the Sender.

14.3.If the Sender fails to elect within the 24 (twenty four) hour period set out in clause 14.2, the Sender shall be deemed to have elected the return option referred to in clause 14.2.2, and the Deliverer may proceed to return the Package at the Sender's cost; alternatively, where return is not reasonably practicable, the Deliverer may hold the Package at the Sender's sole risk and cost pending further instructions.

14.4.All risk in the Package during any return leg, and during any period during which the Package is held by the Deliverer pending the Sender's instructions in terms of this clause 14, remains with the Sender, save in respect of theft, loss, damage or tampering caused by the gross negligence or wilful misconduct of the Deliverer.

14.5.Where the contents of the Package are perishable, hazardous, regulated, contraband or otherwise of a nature such that they cannot reasonably be retained or returned, the Deliverer (or Packhitch) may dispose of the Package in any lawful manner without further notice to the Sender, and without liability to the Sender or any third party.

14.6.Notwithstanding clause 10, where a Failed Delivery is attributable to the act, omission or default of the Sender (including an inaccurate delivery address or the recipient refusing acceptance), Packhitch may instruct the Payment Processor to retain such portion of the Service Fee out of the Escrow Account as is reasonable in the circumstances to compensate the Deliverer for the attempted Delivery, the holding of the Package and (where applicable) the return leg.

15.1.You understand, acknowledge and agree that the downloading of, access to and the use of this Application is entirely at your own discretion and risk and that this Application is provided without any express or implied warranties of any kind whatsoever, including any warranty of merchantability, fitness for purpose, accuracy, completeness, security or non-infringement.

15.2.This Application is provided on an "as is" and "as available" basis, with all faults. Packhitch does not warrant or represent, whether expressly or by implication, that:

15.2.1.this Application will be compatible with your Mobile Device or operating system;

15.2.2.this Application will meet your requirements, will be available, will be uninterrupted, will be free from error or that it will function correctly at all times;

15.2.3.any Offer will be matched, or that any Deliverer or Sender will be available at any given time or place;

15.2.4.any Deliverer is competent, qualified, reliable, honest, insured, properly licensed or roadworthy;

15.2.5.any Sender will provide an accurate Package Declaration, will package the Package appropriately or will be honest as to the contents of the Package;

15.2.6.any Package will be collected, transported or delivered on time, intact, undamaged or at all;

15.2.7.any payment will be processed timeously or at all by the Payment Processor; or

15.2.8.the Application is secure or free from viruses, malware, defects or unauthorised access.

15.3.Save only to the extent that any liability cannot lawfully be excluded in terms of section 51 of the CPA (which restricts the exclusion of liability for gross negligence), Packhitch (and its directors, employees, agents, contractors, shareholders, the Payment Processor and any third party directly associated with Packhitch) shall not be liable to you, to any Sender, to any Deliverer or to any third party in any way whatsoever, whether based on contract, delict, statute, strict liability, indemnity or otherwise, for any direct, indirect, consequential, special, incidental, punitive, exemplary or any other loss or damage of whatever nature, including (without limitation) loss of profit, loss of business, loss of goodwill, loss of opportunity, loss of data, personal injury, illness, death or property damage occasioned by, but not limited to:

15.3.1.the use, access, browsing or operation of this Application or any failure thereof;

15.3.2.this Application being temporarily or permanently unavailable, suspended, modified, withdrawn or inaccessible for any reason whatsoever;

15.3.3.viruses, malware or any other harmful code that may affect this Application, your Mobile Device or any other property as a result of your use of this Application;

15.3.4.any errors, omissions or inaccuracies in any information or content provided through this Application, including User Content;

15.3.5.any act, omission, conduct, misconduct, negligence, fraud, dishonesty, theft, assault, harassment or unlawful conduct by any Sender, Deliverer or other User;

15.3.6.any theft, loss, damage, destruction, misappropriation, non-delivery, late delivery, tampering with or delay in respect of any Package or its contents;

15.3.7.any inaccuracy in the Package Declaration, any inadequacy in packaging, or any inherent vice or nature of the contents of a Package;

15.3.8.any breach of the Prohibited Goods clause by any Sender or any seizure, forfeiture, fine, penalty or regulatory action arising therefrom;

15.3.9.any act, omission, delay, failure, breach, insolvency or default of the Payment Processor or any payment delay, error, reversal, chargeback or fraud;

15.3.10.your reliance on, or response to, any matching, rating, review or recommendation displayed on the Application;

15.3.11.any failure by you to keep your Access Details confidential;

15.3.12.any breach of Packhitch's systems which store your Personal Information; or

15.3.13.any event of force majeure, including pandemic, civil unrest, strike, riot, war, act of god, governmental act, communication failure or power failure.

15.4.Without limiting the generality of the foregoing, in no event shall the aggregate liability of Packhitch to you, however arising, exceed an amount equal to the Platform Fees actually paid by you to Packhitch in respect of the Matched Offer giving rise to the claim, alternatively, where no Matched Offer is concerned, an amount of R1,000.00 (one thousand rand).

15.5.Nothing in this clause 15 is intended to, nor shall be interpreted as, unlawfully limiting, restricting or excluding any liability of Packhitch for gross negligence within the meaning of section 51 of the CPA, or any liability which cannot at law be excluded.

16.1.The Sender expressly acknowledges that the Deliverer is not an employee, agent, sub-contractor or representative of Packhitch, that Packhitch does not select, employ, train, vet, screen, supervise, insure or direct any Deliverer (save to the limited extent of basic onboarding verification), and that the choice to entrust a Package to a Deliverer is the Sender's own choice made at the Sender's sole risk.

16.2.The Sender accepts the risk of theft, loss, damage, destruction, misappropriation, non-delivery, late delivery, tampering and any other adverse event in respect of the Package and its contents, and acknowledges that the Sender's sole remedy in respect of any such event is a claim against the Deliverer in accordance with clause 6.

16.3.The Sender hereby waives any and all claims, demands and rights of recovery it may otherwise have against Packhitch in respect of the matters set out in this clause 16.

17.1.As between the Sender and the Deliverer (and without Packhitch being a party to that contract), the Deliverer shall be liable to the Sender for theft, loss, damage, destruction, misappropriation or non-delivery of a Package, or tampering with a Package, while the Package is in the care, custody or control of the Deliverer, save in the circumstances set out in clause 6.2.

17.2.The maximum amount recoverable by the Sender from the Deliverer in respect of any single Matched Offer shall be the lesser of (a) the declared value of the Package contents (as set out in the Package Declaration), and (b) such cap as may be notified by Packhitch through the Application from time to time, save where the Deliverer's conduct constitutes gross negligence or wilful misconduct.

17.3.Nothing in these terms and conditions creates any cause of action by any Sender against Packhitch in respect of the conduct of any Deliverer.

18.1.The Parties acknowledge that, during their relationship, information or records belonging to the other Party which are either identified as being confidential or which would reasonably be regarded as being of a confidential nature, in whatever format ("Confidential Information"), may be disclosed to the other Party.

18.2.It is specifically recorded that the possession of this Application, the use thereof, its function, design, business model, source code, algorithms, matching logic, pricing logic, route logic, internal documentation, marketing and roll-out plans, its existence and any other information relating to this Application or to Packhitch's business is Confidential Information; and you shall not disclose to any third party such Confidential Information regarding this Application nor share this Application with any third parties otherwise than in accordance with these terms.

18.3.Each Party undertakes that it:

18.3.1.shall keep the Confidential Information in the strictest confidence and shall not divulge or disclose it to any person whatsoever; and

18.3.2.shall not, directly or indirectly, use the Confidential Information for any purpose other than that envisaged by this Agreement.

18.4.Packhitch shall be entitled to disclose Confidential Information:

18.4.1.to its employees, related companies, professional advisors, investors and service providers, solely to the extent strictly necessary for the operation of the Application and the conduct of Packhitch's business; and

18.4.2.if and only to the extent that doing so is required in order to satisfy an order of court or to otherwise comply with the provisions of any law or regulation in force at the time.

18.5.The provisions of this clause shall not apply to information to the extent to which it can be shown to be part of the public domain (otherwise than as a result of a breach hereof), or to information lawfully in the possession of the receiving Party prior to disclosure, or to information acquired from a third party otherwise than as a result of a breach hereof.

19.1.This Application, the IP Rights and all proprietary materials of Packhitch (including its name, logo, source code, object code, algorithms, matching engine, pricing engine, databases, design, layout, "look and feel", and all related content) are owned by and fully vested in Packhitch (or licensed to Packhitch) and you have no right, title or interest therein and may only use this Application in accordance with these terms and conditions.

19.2.All content made available to you by this Application (for example text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) is owned by, and remains in the ownership of, Packhitch, alternatively is owned by third parties and is protected by South African and international law.

19.3.Any User Content remains owned by you, however such User Content is subject to the following:

19.3.1.you grant Packhitch a non-exclusive, assignable, transferable, sub-licensable, royalty-free, worldwide and perpetual licence in any intellectual property that is contained in or associated with the User Content;

19.3.2.Packhitch may use such User Content in a reasonable manner for the operation, marketing, improvement and promotion of this Application and any related service, including without limitation to reproduce, duplicate, distribute, create derivative works from, train models on, anonymise, aggregate and disclose such User Content;

19.3.3.Packhitch's rights to the User Content shall not terminate when you remove, uninstall or delete the User Content or this Application and/or in any way terminate your use of this Application; and

19.3.4.you understand that all User Content, even if deleted by you, may persist in backed-up copies held by Packhitch for a reasonable period of time as such information may, for example, be used as evidence in a court of law or to comply with regulatory obligations.

19.4.Save as specifically provided for in clause 19.3, all IP Rights arising out of or in connection with the Application, including any improvements, refinements or modifications suggested by any User, shall be owned by Packhitch.

19.5.Except as permitted in this Agreement, this Application, the IP Rights and Packhitch's proprietary material may not be copied, reproduced, duplicated, transmitted, framed, mirrored, scraped, decompiled, reverse engineered, sold, resold or otherwise exploited in whole or in part.

19.6.Nothing in this Application or these terms and conditions shall be construed as granting any licence or right to use the IP Rights, the Packhitch name, logo or trade marks, without Packhitch's prior written permission.

19.7.Although Packhitch uses all relevant security measures, it cannot be held responsible for any consequences which may result from the unlawful breach of the IP Rights or the dissemination of your Personal Information or any other information connected with this Application by third parties copying information from this Application.

20.1.You are specifically restricted from:

20.1.1.using this Application for any unlawful or illegal activity, any act prohibited by this Agreement, or any act that is misleading, malicious, defamatory or discriminatory;

20.1.2.disclosing this Application to third parties otherwise than in accordance with clause 18, or publicly showing and/or performing this Application;

20.1.3.using this Application if you are younger than 18 (eighteen) years of age unless you have prior consent from your parent or guardian to do so;

20.1.4.transmitting any viruses, malware or any code of a destructive nature, or interfering with the operation of this Application in any way;

20.1.5.violating any laws or regulations in any jurisdiction which may cause harm to this Application and/or Packhitch;

20.1.6.selling, licensing, sub-licensing or otherwise commercialising this Application;

20.1.7.scraping, harvesting, indexing or replicating any data or content from this Application by any automated means;

20.1.8.attempting to circumvent, disable or otherwise interfere with security-related features of the Application;

20.1.9.using this Application in any way that may be damaging to Packhitch or to any other User; or

20.1.10.permitting any third party to use or access this Application through your User Account in any way, whether malicious or not.

20.2.Failure to comply with these restrictions will result in the immediate deactivation of your User Account, without notice to you.

21.1.Packhitch may, in its sole and unfettered discretion and without notice to you, suspend or terminate your User Account and/or your access to this Application at any time, for any reason, including (without limitation) where Packhitch reasonably suspects: (a) breach of these terms and conditions; (b) unlawful conduct; (c) low ratings or repeated complaints; (d) fraud or misuse of the Payment Processor; (e) Prohibited Goods activity; or (f) any conduct which may bring Packhitch into disrepute.

21.2.You may at any time request the deletion of your User Account by emailing Packhitch at support@packhitch.co.za (or through such in-Application mechanism as Packhitch may make available from time to time). Packhitch will action such a request within 30 (thirty) days of receipt. Deletion of your User Account shall not, however, affect any obligations or liabilities which have accrued prior to deletion.

21.3.On termination of your User Account for any reason, all clauses which by their nature should survive termination shall survive, including (without limitation) those relating to liability, indemnity, intellectual property, confidentiality, privacy, dispute resolution and governing law.

You agree that if you breach the terms and conditions of this Agreement Packhitch has the right, in addition to the deactivation, suspension and/or termination of your User Account, to claim from you:

22.1.any and all damages, whether special, incidental, reputational, consequential or indirect damages suffered by Packhitch;

22.2.a loss of any profits and loss of business suffered by Packhitch; and

22.3.all legal costs on the scale as between attorney and own client.

23.1.Any of your Personal Information which is provided to Packhitch through this Application or otherwise will be processed and kept in accordance with POPIA, the terms and conditions set out herein and this Application's Privacy Policy set out in section C below.

23.2.Packhitch will not sell or provide your Personal Information to third parties, unless you explicitly opt-in to share such information with specific third parties within this Application, or as otherwise set out in the Privacy Policy.

23.3.By entering into this Agreement you consent and specifically opt-in to Packhitch sharing your Personal Information, User Content and other information with: (a) the Payment Processor for the purposes of processing payments and operating the Escrow Account; (b) other Users to the extent strictly necessary to enable Matched Offers and Deliveries (e.g. name, mobile number, collection and delivery addresses); and (c) Packhitch's service providers, professional advisors, insurers and law enforcement to the extent necessary for the operation of the Application and Packhitch's business.

24.1.You choose the address supplied during registration of this Application on your Mobile Device as the address at which you will accept service of all documents, legal process and notices in respect of this Agreement. Any notice given in terms of this Agreement shall be in writing and shall:

24.1.1.if delivered by hand or courier be deemed to have been duly received by the addressee on the date of delivery; and

24.1.2.if transmitted by email be deemed to have been received by the addressee one (1) business day after dispatch, unless a delivery failure notification has been given by the relevant system.

24.2.Notwithstanding anything to the contrary contained or implied in this Agreement, a written notice or communication actually received by one of the Parties from the other, including by way of email or in-Application messaging, shall be adequate written notice or communication to such Party.

24.3.No relaxation or indulgence granted by either Party to the other shall be deemed to be a waiver of any of that Party's rights in terms hereof, nor shall the same be deemed to be a novation of the terms and conditions, nor shall the same estop either Party from enforcing its rights hereunder. These terms and conditions shall not in any way be deemed to be a waiver by either Party of any of its rights in law.

24.4.Packhitch may vary or revise this Agreement at any time as it sees fit and by continuing to use this Application after such variation you are deemed to have accepted the varied terms. Material variations will be brought to your attention through the Application or by email.

24.5.The Parties agree that this Agreement shall be governed by and construed in terms of the laws of the Republic of South Africa. The Parties hereby consent to the exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town, in connection with any action or motion which either Party to this Agreement may institute arising out of or in connection with this Agreement, its interpretation or its termination.

24.6.If any part or provision of this Agreement is or becomes unenforceable for any reason, that part or provision shall be deemed to be severable and shall not affect the validity of the remaining parts and provisions.

24.7.This Agreement, together with the Privacy Policy and any cancellation, fee and rating schedules published from time to time through the Application, constitutes the entire agreement between the Parties in relation to the use of this Application and supersedes any prior agreements and understandings between them in relation thereto.

24.8.No User may cede, assign or delegate any of its rights or obligations under this Agreement without the prior written consent of Packhitch. Packhitch may freely cede, assign, transfer or delegate any of its rights and obligations under this Agreement.

24.9.Nothing in this Agreement shall constitute either Party as the partner, joint-venturer, employer, agent or employee of the other.

25.1.When you download and register for this Application and use it thereafter Packhitch will collect the following information from you:

25.1.1.your full names and surname, date of birth, email address, physical address, profile photograph and mobile telephone number(s) and, where you act as a Deliverer, your South African identity number (collected at the time of your first Offer for identity-verification purposes);

25.1.2.a password of your choosing (stored in hashed form);

25.1.3.where you act as a Deliverer: your driver's licence details, vehicle registration, vehicle photograph, vehicle insurance details (where you elect to provide them), professional driving permit (where applicable) and operating licence (where applicable);

25.1.4.your location (including GPS data) when using the Application;

25.1.5.payment-related information processed via the Payment Processor (Packhitch does not store full payment card details);

25.1.6.your Package Declarations, Offers, Planned Trips, Matched Offers, ratings, reviews and in-Application messages;

25.1.7.the details regarding your access, usage, activity and history of use of this Application ("usage information"). This may also include your internet protocol address, Mobile Device system settings and software, and for what, when and for how long you access this Application;

(collectively referred to as "the/this information" in this Privacy Policy).

25.2.Your provision of this information is voluntary; however, without it you may not be able to use this Application and/or the services provided through it.

25.3.Packhitch may also collect certain information by means of small pieces of information known as cookies and similar technologies which are saved on your Mobile Device and which are then sent back to Packhitch when you use this Application. This is a way for Packhitch to know who you are and collect usage information.

25.4.If you share your Personal Information and/or usage information with any third parties Packhitch will not be liable for any loss suffered by you, your dependants, beneficiaries, spouse or employees as a result.

26.1.Packhitch uses your information to enable your downloading, registration and use of this Application, to enable the matching of Senders with Deliverers, to facilitate payments through the Payment Processor, to enforce these terms and conditions, to comply with applicable laws, and to operate, secure, improve and personalise the Application.

26.2.Only with your prior consent, Packhitch will use your information to inform you of promotions, competitions, special offers, and information on current and prospective goods and services. You may opt out of such communications at any time through the Application.

26.3.None of the usage information will be used to identify you nor to collect your Personal Information for any purpose other than as set out herein. Anonymised and aggregated information may be used for the study of the aggregate and statistical usage of this Application and to improve same.

27.1.Packhitch keeps a record of your information, the reason that Packhitch collected that information and, in the event that such information was transmitted to a third party, their information, for a period of one (1) year as is required by section 51 of ECTA, alternatively for such longer period as required by any applicable law (including tax, anti-money laundering and consumer protection legislation).

27.2.Packhitch stores your information, with your consent, so that Packhitch can contract with and provide services to you again in the future.

27.3.Upon request Packhitch will destroy or de-identify all of your information (subject to the requirements of section 51 of ECTA and any other retention obligation) or where such information becomes obsolete.

27.4.Your usage information is retained only for as long as Packhitch needs it for its purposes of collection.

28.1.Packhitch will not share, sell, rent out or make available to any unauthorised third party any of your Personal Information except where:

28.1.1.Packhitch is required to do so by law;

28.1.2.Packhitch needs to do so to protect its rights, those of a User or any third party;

28.1.3.the Personal Information is such that it cannot identify nor be traced back to you as an individual or juristic person;

28.1.4.you consent thereto;

28.1.5.disclosure to other Users is necessary to facilitate a Matched Offer or Planned Trip (e.g. sharing the Sender's name, contact number and addresses with the matched Deliverer, and vice versa); or

28.1.6.disclosure to the Payment Processor is necessary to facilitate payments and operate the Escrow Account.

28.2.You agree that Packhitch may share your Personal Information outside of South Africa if you give Packhitch an email address that is hosted outside of South Africa, where Packhitch makes use of cloud services or other service providers hosted outside of South Africa, or where it is necessary for the conclusion or performance of a contract concluded in your interest, in accordance with section 72 of POPIA.

28.3.Where you disclose information on a public forum of any kind such information is no longer personal and private and holds no protection in terms of this policy.

28.4.Packhitch may require third parties to perform services to support it in providing services to you. Where they require your Personal Information to do so they will be required to agree to and abide by this Privacy Policy and POPIA.

29.1.Packhitch will take reasonable steps to ensure that your information is complete, accurate, not misleading and updated, and may use means to verify such information. Conversely, you agree to provide Packhitch with accurate, current and valid Personal Information and not to mislead or misrepresent to it false information or information relating to another person or entity.

29.2.If your information has changed or needs to be corrected, or if you would like to enquire as to what Personal Information Packhitch has collected, kindly contact Packhitch at support@packhitch.co.za or log in to your User Account and update or view the information specific to you. You may also exercise your rights under sections 23, 24 and 25 of POPIA in this manner.

30.1.Packhitch will take all reasonable technical and organisational steps to ensure that your Personal Information is kept secure on Packhitch's and its service providers' servers, and free from loss, misuse or unauthorised alteration. These include making use of firewalls, anti-virus programs, data encryption (in transit and at rest), access controls and employee security training.

30.2.When registering and using this Application you may be given a username and a password of your choosing. It is your responsibility to keep your password and account information secret and not disclose them to any third party.

30.3.In the unlikely event that Packhitch's security measures, and as a result of which your Personal Information, has possibly been compromised or there is a reasonable belief of such compromise, Packhitch will, as soon as reasonably possible after becoming so aware, and in accordance with section 22 of POPIA, inform you and the Information Regulator thereof so that you may take any steps necessary to protect yourself against such data breach.

In terms of POPIA the government of the Republic of South Africa has established a body known as the Information Regulator with the power to investigate and fine parties collecting, holding and processing Personal Information. You may approach the Regulator with a view to lodging a complaint against Packhitch where you feel that Packhitch has breached the provisions of POPIA. The contact details are:

Packhitch may amend this Privacy Policy at any time and in the event of a material change Packhitch will inform you within a reasonable time, but Packhitch recommends that you familiarise yourself with this Privacy Policy from time to time. The most recent version governs the relationship between you and Packhitch.

Packhitch's Information Officer for the purposes of POPIA may be contacted: