Terms & Conditions

Parties to the Agreement

This Agreement is made between XtraSpace (Pty) Ltd., a company registered in South Africa with registered office at 5 Thora Crescent, Wynberg, Gauteng (“Ecobox”, “we”, “us” or “our”) and you, the customer (“customer”, “you” or “your”) who wishes to use our Services.

Definitions:

In these Terms of Service, the following words have the following meaning:

“Services” refers to all or any of the services and products we may offer at any time.

“Delivery” or “Deliveries” refers to any empty Ecobox rental/ trolley rental / carboard boxes or packaging material dropped-off.

“Collect “or “Collections” refers to any empty Ecobox or Trolley rental picked-up.

“Ecoboxes” refer to our plastic rental boxes supplied by Ecobox.

“Website” means our website at www.ecobox.co.za or any other website under which we provide and advertise our services or subsequent URL which may replace it.

“Agreement” refers to the terms and conditions stipulated below.

1. Delivery/ Collection

Orders will only be confirmed / scheduled once funds reflect in our bank account.

You are required to ensure that Ecobox or its carrier have reasonable access and parking facilities to your premises for us to carry out the deliveries to you. You are responsible to ensure that goods are available for collection on an easily accessible ground floor or within easy access via an elevator. When requesting a delivery, you are required to, in writing, make an appointment and it is your responsibility to ensure that you or someone you have authorized is present at the address you have provided to receive the boxes and/or goods at the scheduled timeslot. You should notify Ecobox, in writing, of any rescheduling or changes regarding your orders by 15h00 prior to delivery date.

If the waiting time exceeds 20 minutes for a delivery or collection, we reserve the right to reschedule. You will be liable for an additional delivery / collection fee.

We shall not be held liable for any cancellations or deliveries, including but not limited to misallocation of our delivery resources, schedule conflicts, any adverse weather conditions, bad weather warnings, traffic conditions, any event within or outside our control, or as a result of force majeure.

2. Refund/Return/Cancellation Policy

Cancelation notice to be given 48 hours before delivery or you will be liable for R550 excl. vat cancelation fee.

When you make use of our services, your purchase is covered by our “7-day return policy”, this allows the right to a refund, when goods or services are defective or not delivered as promised. Goods returned should be in the original condition, you will be liable for any delivery / collection fees.

 

3. General

Ecobox may terminate this Agreement for any reason by giving you 48 hours written notice if you fail to comply to any of the below.

If you fail to pay any amount due to Ecobox (Rental / rental extensions additional services / stock)

You are in breach of any terms of this Agreement.

Lost or damaged Ecoboxes will be charged at R550 excl. vat per box. Normal wear and tear are expected.

Ecobox shall expressly retain ownership of the rented boxes at all times and lessee shall not acquire, or be deemed to acquire, any claim to ownership of the boxes at any time during the currency of this Agreement.

Rental Extensions – for an additional period after the original contract period, please send an email to sales@ecobox.co.za a quotation will be sent, and dates will only be amended once payment reflects in our account.

You will be required to provide your personal information including but not limited to Name, Email address, phone number and physical address as part of our online and manual order process. You are responsible, in accordance with the terms of our Privacy Policy, to ensure that the personal information you provide is complete, accurate and up to date.

Please see below current legal T&Cs on our website we are not familiar with the correct terms to be use we would need assistance here.

 

4. Restrictions

You may not:

4.1    use the Services in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;

4.2    sub-license or re-sell any of the Services to a third party nor represent us in any way for any reason whatsoever without our prior written consent;

4.3    attempt to interfere with or disrupt the Services or the Website or any server or network used by or connected to the Website or to gain unauthorized access to any such server or network.

5. Payments and Charges

5.1    All applicable charges are those specified on the Website at the time of booking or as specified in these terms and conditions.

5.2    All applicable charges / pricing is subject to change at our discretion and will take immediate effect after publication on our website.

5.3    We may require you to enter your credit/debit card information to make use of our online payment gateway.

5.4 We reserve the right to, if you fail to pay any amount due to us in terms of service, cancel the agreement without giving notice and issue summons against you for the amount due as well as legal costs as between attorney and client and interest. We shall be entitled to obtain a civil judgment against you whereupon you will be blacklisted with the Credit Bureau and, once judgment has been obtained, the sheriff of the court will sell the goods by public auction.

5.5     For the purpose of this agreement, including the giving of notice and the serving of legal process, the parties respectfully choose as their address for service of legal documents (domicilium citandi et executandi) the addresses which appear on page 1 of this agreement.

5.6    Any party may at any time by notice in writing to the other, change that party’s address. Any notice to be given in terms of this agreement will be delivered by hand or sent by pre-paid registered post to the address chosen by the party concerned alternatively sent by electronic mail to the addresses as it appears on page 1 of this agreement. Such notices shall be deemed to have been received on the date of delivery.

6. Limitation of Liability – Legal

6.1    You acknowledge and agree that use of our website and any of our Services is entirely at your own risk. We shall not be held liable or responsible in any way for any direct or indirect damages of any sort as a result of using our Website or misinterpreting its content.

6.2    We shall not be liable for any claim of whatsoever nature (whether in contract or in delict) and whether for damages or otherwise, howsoever arising, including but without limiting the generality of the aforesaid:

6.2.1    any act or omission of Ecobox or agents of Ecobox: and/or any loss, damage or expense arising from or in any way connected with any circumstances, cause or event beyond the reasonable control of Ecobox including but without limiting the generality of the aforesaid, strike, lockout, stoppage or restraint of labour; and/or

6.2.2    damage or injury suffered by you, the customer or any person whatsoever arising out of any cause whatsoever as a result of EcoBox’s execution or attempted execution of its obligations to you;

6.2.3    notwithstanding anything to the contrary herein, Ecobox shall not be liable for any loss or damage for any act perpetrated by its agents, servants, nominees, whether negligent or otherwise;

7. Intellectual Property Rights – Legal

We retain ownership of all intellectual property rights of any kind related to our Website and Services, including all applicable copyrights, patents, trademarks and other property rights, save for those which may relate to third parties that we may mention on our Website or work with in providing the Services.

8. Privacy

8.1    We only use your personal information submitted to us by you in terms of this agreement. We only collect information that we need that is related to your order. This includes your billing address, shipping address, e-mail address, credit card information and, in addition, we also collect information on your IP address, browser type, and Refer URL. data. We use this data to prevent hacking attempts, help us know what web browsers people are using, and establish where our visitors are coming from so that we can improve our marketing. Your information is only used to process your order and we do not sell or redistribute your information to anyone.

8.2    We shall treat your information as private and confidential and shall safeguard it as it would be our own. You, on the other hand, shall not for your own benefit, or for the benefit of any third party whatsoever, use, disclose, exploit, copy, publish, reverse engineer, or permit the use of, or in any other manner whatsoever apply our confidential information disclosed in writing, orally, graphically, electronically or by any other means to any other party without our written consent.

8.3    Any documentation, data or records relating to us in terms of this agreement which comes into your possession shall be deemed to form part of our documentation and confidential information and shall not be copied, reproduced, published or circulated by you unless agreed to in writing by us.

8.4    We may use location-based services in order to perform the Services as efficiently and quickly as possible. You consent to our use of location-based services by accepting the terms in this Agreement.

8.5    We will not be held liable or responsible for any failure to perform or delay in the performance of the Services caused by Force Majeure.

8.6    A Force Majeure means any unforeseeable circumstances beyond our reasonable control, including but not limited to war, threat of war, terrorist activity, strikes or other industrial action, riots, fire, storms or any other natural disaster, failure in the telecommunications networks, power cuts, traffic conditions, road closures, accidents or any other unforeseen circumstances.

8.7     In the event of a Force Majeure, we will attempt to contact you as soon as possible and will take all reasonable measures to minimize any disruptions to the Services.

9. Indemnity

You agree to indemnify, defend and hold us, our employees, agents, suppliers and directors harmless, from and against all claims, liability, damages, costs, expenses, losses and legal fees arising out of any breach of the Agreement by you. This clause also applies to any other liabilities arising out of your use of our Website or Services or by any other person accessing our Website or Services under your account.

10. Notices

10.1   For the purposes of this agreement, including the giving of notice and the serving of legal processes, the parties respectfully choose as their address for service of legal documents (domicilium citandti et executandi) as follows:

Ecobox:

5 Thora Crescent, Wynberg, 2146

Postal address: P O Box 74, Randpark Ridge, 2156

Tel: 010 595 5555

E-mail: sales@ecobox.co.za

10.2    A notice to be given in terms of this agreement shall be delivered by hand or sent by prepaid registered post or by electronic mail or by telefax to the address chosen by the party concerned. Such notice shall be deemed to have been received on the date of delivery.

10.3    A data message :

10.3.1    used in the conclusion or performance of this agreement must be regarded as having been sent by the originator when it enters an information system outside the control of the originator or, if the originator and addressee are in the same information systems, when it is capable of being retrieved by the addressee;

10.3.2    must be regarded as having been received by the addressee when the complete data message enters an information system designated or used for that purpose by the addressee and is capable of being retrieved and processed by the addressee; and

10.3.3    must be regarded as having been sent from the originator’s usual place of business or residence and as having been received at the addressee’s usual place of business or residence.

11. Disclaimer

11.1    Ecobox provides the Website on an “as is” and “as available” basis with all faults. Ecobox does not warrant that use of the Website will be error-free or uninterrupted or that any defects will be corrected.

11.2    substantially as described in this Agreement. Ecobox does not make any other promises or warranties about the Services.

12. Governing Law and Language – Legal

This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of South Africa.

13. Miscellaneous

13.1    This Agreement and any written amendments set forth the entire Agreement of the parties with respect to the subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, oral or written. With the exception of the Storage Rules and our Privacy Policy, as noted herein, there are no representations, warranties, or agreements by or between the parties which are not fully set forth herein and no representative of Ecobox or its agent is authorized to make any representations, warranties, or Agreements other than as expressly set forth herein. Except as otherwise provided herein, all modifications must be in a writing signed by both parties. Storage Rules are made a part of this Agreement and you shall comply at all times with such rules. Ecobox has the right from time to time to change the rules.

13.2    We reserve the right to amend the terms and conditions within this Agreement from time to time and it is your responsibility to review these terms and conditions on each occasion you procure Services from us. The latest version of this Agreement will always be accessible at www.Ecobox.co.za. Your continued use of our Services will be deemed to represent your continued acceptance to the latest version of this Agreement. If you do not agree with any changes to this Agreement, you may terminate this Agreement as per Clause 10.

13.3    The failure by you or Ecobox to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

13.4    If any provision of this Agreement shall be found by any court or arbitration or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect. If any provision of this Agreement is so found to be invalid or unenforceable but would be valid or enforceable if some parts of the provision were deleted, the provision in question shall apply with such modification(s) as may be reasonably necessary to make it valid and which reflect(s) the intention of the parties.

13.5    In any event, all provisions of this Agreement that by their nature could reasonably survive termination, including but not limited to, ownership provisions, warranty disclaimers and limitations of liability, shall survive termination. In the event you use the Website or Services again, the provisions of the terms and conditions that then apply will govern your re-use of the Website or Services. In the event you use Services bought under this Agreement, then those provisions applicable to Services will survive termination of this Agreement.

13.6    Each party shall keep any and all information disclosed between the parties to this Agreement in strict confidence. This clause shall survive the termination of this Agreement.

13.7    We always welcome your feedback which can be sent to us by email sales@ecobox.co.za. Where you supply any feedback, you agree and acknowledge that Ecobox shall have no confidentiality obligations to such feedback or suggestions and that it may be incorporated into our Website or Services.

13.8    Please read this agreement carefully. These terms and conditions apply to the use of our websites, use of our web or mobile applications and use of our products and services. By accessing our website, using our Service, procuring our products and using our web or mobile applications, you are agreeing to these terms and conditions (the “Agreement”). Furthermore, you agree that all information you provide us is accurate, correct and up to date and that you will notify us of any changes immediately should there be changes to the information that you provided us. You consent to our use of your information in accordance with our Privacy Policy. You also warrant that you are legally entitled to procure services from us on your own behalf or on behalf of the beneficiary of the services.

13.9    The parties agree that the persons signing this agreement warrant their authority to do so including the fact that it is their signatures appended to this document including that of their witnesses who are signing the document in their presence and that the onus of disproving the authenticity of the signature lies on the party alleging that the signature which appears on the agreement does not belong to either Ecobox or alternatively the Customer.

13.10    The parties agree that this agreement shall be signed by the parties, in the presence of two witnesses, by affixing a manuscript signature on the document (including the witnesses to the party signing the agreement) and thereafter forwarding the signed document by electronic mail in Portable Document Format (PDF) to the other party and shall the other party be obliged to acknowledge receipt of such document where after it shall be deemed that a valid agreement, duly signed by the parties, has come in to operation between the parties.