SWIFTPATH LOGISTICS
PLEASE READ AND UNDERSTAND OUR TERMS AND CONDITIONS
Our terms
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to
You.
1.2 Why you should read them. Please read these terms carefully before you submit your order to
Us. These terms tell you who we are, how we will provide services to you, how you and we may
Change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. SWIFTPATH LOGISTICS (PTY) LTD a company registered in
Botswana. Our company registration number is BW00005513185 and our registered office is at
Plot 22072/2 Unit 28, Gaborone Technology Park, G-west Industrial, Gaborone Botswana.
2.2 How to contact us. You can contact us by:
(a) Email to info@swift-bw.com CC admin@swift-bw.com or
(b) By writing to us at PO Box 21780.
(c) By Telephone +267 3969911
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to
you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this
Includes emails.
3. Definitions
“Carrier” a third party courier which carries the Consignment. “Collection Address” the address for
collection of a Consignment given by you to us pursuant to an
Order. “Consignment” any item, package, goods, documents or parcels received by us or our carriers
from
You pursuant to an Order. “Delivery Address” the address for delivery of a Consignment given by you
to us pursuant to the
Order (including any drop-off or hub address), being an address that is readily accessible by us or our
Agents and capable of taking delivery of a Consignment at all times (and excluding, for the avoidance
Of doubt, any PO Box or equivalent unmanned address). “Item” an item which is the subject of an
Order. “Order” each order (which may include more than one Item, Collection Address and/or
Delivery
Address) placed by you and accepted by us which shall incorporate these terms and conditions.
“Packaging” inserting, sealing, labelling, enveloping, wrapping, binding, packing or similar activities
in
Accordance with our instructions from time to time. “Prohibited Item” any item that we or our
Carriers do not accept from time to time including, without
Limitation, any dangerous, hazardous, explosive or illegal items including, without limitation, those
set
Out in Appendix 1 or identified as such on the website. “Service” the collection, carriage and delivery
of a Consignment in accordance with an Order.
4. Our contract with you
4.1 How we will accept your order. Subject to paragraph
4.2 Below, our acceptance of your Shipment Will take place when we receive payment in full from you (or, if you have a credit facility with us,
when
We debit your credit account), at which point a contract will come into existence between you and
us.
4.2 If we cannot accept your Shipment. If we are unable or unwilling to accept your order, we will inform
You of this. This might be because an item is a Prohibited Item, because we do not or cannot arrange
For collection from or delivery to a specific address, region or area because we are unable to meet a
Delivery deadline you have specified or for any other reason at our absolute discretion. To the
extent
We have received a payment from you, we will refund such payment less any costs we have
incurred, save where we do not accept your Shipment because some or all of it relates to a Prohibited
Item in
Which case no refund shall be made.
4.3 Your Shipment number. We will assign a Tracking number to your shipment or invoice and tell you what it
Is when we accept your Order? You will be required to inform us of the Tracking number and any
tracking
Reference whenever you contact us about your Shipment.
4.4 English Language. Our intention is to be able to communicate in local languages but the default
Language for all communications is the English language. To the extent we translate any
Communication from English into another language or from another language into English, the
English
Language version shall prevail.
5. Service
5.1 Our obligation. We will provide the Service pursuant to a Shipment with due skill and care.
5.2 Changes. We may make such alterations to the Service as are reasonably required from time
To time.
6. Packaging
6.1 Your obligation. You shall be responsible for all packaging and labelling and must ensure such
Packaging and labelling complies with any instructions provided by us to you either on the website
or
By way of any direct communication. You are required to ensure the packaging is sufficient for the
Service given your knowledge of the content of each Consignment. You are required to ensure that
All labelling is clear and unambiguous and also contains sender local contact details and information
Required for identification of the contents of a Consignment including, without limitation, for export
and
Import controls and security considerations. Under no circumstances will we have any liability for
loss
Or damage caused by a failure by you to comply with packaging instructions provided by us.
6.2 Measurements. You shall be responsible for accurate measurements as to size and
Weight. You can find information and tips on how to measure on our website.
7. Collection
7.1 Our obligation. We shall use our reasonable endeavours to ensure that the Consignment is
Collected from the Collection Address within the time indicated on the Order. Please note the
Collection times are preferred times but are not guaranteed.
7.2 Your obligation. You will ensure that the Consignment is either
(a) available for collection from
The Collection Address in accordance with the Order and that unimpeded access is granted to us and
Our Carriers for collection of all Items that are the subject of an Order or
(b) Delivered to any collection
Hub specified by us at such time specified by us. Please read the “More Information” section
On our website in relation to the Service you wish to use. You shall ensure that no Prohibited Items
Are contained within an Order and you shall indemnify us for any loss or damage caused by a
Prohibited Item and we shall have no liability to you in respect of a Prohibited Item which is
contained
Within an Order or otherwise included in a Consignment collected by us from you. If requested by us
Or our agents or Carriers, you will be required to open your Consignment and identify the contents
of
The Consignment and we, our agents or Carriers shall also be entitled to scan or open your
Consignment and to inspect its consequences; we shall not be liable for any loss, damage or any
Other consequences of your Consignment being scanned or opened and of the inspection of the
Contents.
8. Delivery
8.1 Our obligation. We shall use our reasonable endeavours to ensure that the Consignment is
Delivered to the Delivery Address within the time indicated on the airwaybill. Please read the “More
Information” section on our website in relation to the Service you wish to use.
8.2 Failure to deliver.
If we are unable to deliver a Consignment due to no-one being available to
Provide a delivery receipt or access to the Delivery Address being denied or otherwise unavailable or
For any other reason other than our negligence or wilful default, we are authorised to:
(a) Retain the Consignment at an address for collection for such period as we or our Carriers may
Determine;
(b) Leave a written notification at the Delivery Address, so far as we are able, of non-delivery and
Any collection or re-delivery information as appropriate;
(c) Return the Consignment to you at the Collection Address. All costs associated with non-delivery
and delivery and/or retention at an alternative address or return
Delivery as envisaged above shall be for you and you shall indemnify us for such costs and authorise
Us to deduct such costs in accordance with the “Additional Charges” section in paragraph 17.6
below.
9. Loading and Unloading
9.1 No special equipment. Unless agree otherwise in writing, we shall not be required to provide
Any special equipment or additional personnel beyond the individual collecting or delivering an Item
For the purposes of collection or delivery.
9.2 Your responsibility for special equipment. To the extent any such equipment or additional
Personnel are required these shall be your responsibility and at your additional cost and you shall
Indemnify us for any damage caused during the loading or unloading of the Item, whether caused by
Our negligence or otherwise, or from any third party claims in respect thereof.
10. Sub-contractors
10.1 We may use sub-contractors. We shall be entitled to use one or more sub-contractors or
Agents to carry out some or all of the Service, including, without limitation, a Carrier for the
collection,
Transportation, retention and delivery of any Item the subject of an Order. We reserve the right to
use
Any sub-contractor or agent as we shall determine and the identity of such sub-contractor or agent
May alter from that indicated in the placing of your Order. Consignments may be in the possession
or
Under the control of such sub-contractors or agents for some or all of the Service. Each subcontractor or agent shall be entitled to rely on these terms in relation to the exclusion or limitation
of
Liability.
11. Your rights to make changes
If you wish to make a change to the shipment please contact us. We will let you know if the change is
Possible which shall be at our absolute discretion. If it is possible we will let you know about any
Changes to the price, the timing of supply or anything else which would be necessary as a result of
Your requested change and ask you to confirm whether you wish to go ahead with the change. If we
Cannot make the change or the consequences of making the change are unacceptable to you, you
Will remain liable for the Order.
12. Our rights to make changes
12.1 Minor changes to the Service. We may change the Service:
12.1.1 To reflect changes in relevant laws and regulatory requirements; and
12.1.2 To implement minor technical adjustments and improvements. These changes will not
materially affect the Service.
12.2 Minor changes to the Order. We may make changes to the Order:
12.2.1 To reflect unforeseen events or matters outside our control;
12.2.2 To provide for alternative sub-contractors or agents, alternative collection hubs or alternative
Delivery hubs. These changes will not materially affect the shipment.
13. Providing the Service
13.1 Costs. The costs will be as displayed to you by invoice or estimate but confirmation to the price is only once the shipment arrives at the delivery warehouse address.
13.2 When we will provide the Service. During the Shipment process we will let you know when we
Expect to be able to provide the Service to you. We will use our reasonable endeavours to begin the
Services on the date set out in the Order (being your preferred date). The estimated completion date
For each Order is as set out in the Order but all dates are estimated dates and not guaranteed. We
Reserve the right to refuse an Order or to delay an Order if any monies are owing from you to us
after
Their due date.
13.3 We are not responsible for delays outside our control. We will not be responsible for any delay
Or alteration to the Service due to an event outside our control or the control of our sub-contractors
or
Agents. We will use our reasonable endeavours to contact you as soon as possible to let you know of
Such delay or alteration. We reserve the right to take steps to minimise the effect of the delay or
Alteration. If there is a risk of substantial delay or material alteration you may contact us to end the
Contract and receive a refund for any shipment you have paid for but which has not been fulfilled.
13.4 Drop-off services - please note, that if you will order Drop-off service (for example Drop-off to
Pick-Up, Drop-off to Door) and then you will ask for refund, we will not refund your money. Reason -
Received shipping label is valid long time and we don't have possibilities to cancel your order.
13.5 Attention! Additional administration fees (10 USD or 10% of the order value) may be applied
In the following cases:
a) If the customer wishes to cancel already paid order
b) If incorrect order data has been provided and this has an impact on the return / delivery of the
Consignment
c) Other reasons related to non-compliance with our service Terms and Conditions
14. Your rights to end the contract
14.1 You can always end your contract with us. Your rights when you end the contract will depend
On the grounds for termination.
14.2 Ending the contract because of something we have done or are going to do. If you are ending
A contract for a reason set out at
14.2.1 to 14.2.4 below the contract will end immediately and we
will
Refund you for any Order which has not been fulfilled (less any reasonable costs incurred by us). The
Reasons are:
14.2.1 We have told you about an upcoming material change to the Service or these terms which
You do not agree to;
14.2.2 We have told you about an error in the price or description of the Order and you do not wish
To proceed;
14.2.3 We have suspended the Service for technical reasons, or notify you we are going to suspend
The Service for technical reasons, in each case for a period of more than 1 month and we have not
Provided you with a reasonable alternative service; or
14.2.4 You have a legal right to end the contract because of something we have done wrong.
14.3 Ending the contract where we are not at fault. Even if we are not at fault, you can still end the
Contract before it is completed, but you may have to pay us compensation. If you want to end a
Contract before it is completed where we are not at fault, you must give us one month’s written
notice. To the extent you have any Orders outstanding on the date of service of notice to terminate,
you must
Also give immediate notice in writing of any Orders you wish to terminate. The contract (and any
Order) will end on expiry on the relevant notice period and:
14.3.1 You shall immediately pay to us all monies owing in respect of Orders save where we, at our
Discretion, do not collect from you or return to you any Item the subject of an Order (provided
always
That you will be liable for any costs incurred by us); for the avoidance of doubt, if you have funds
Deposited with us we shall be entitled to deduct monies owing to us from such funds and if you have
a
Credit account we shall be entitled to debit such account by the amounts owing; if you have paid on
a
Credit or debit card, we shall be entitled to deduct from or charge to such cards an amount equal to
Such monies;
14.3.2 During the notice period we shall provide the Service for any Item which is the subject of an
Order provided we are paid in full at the date the Order was placed;
14.3.3 To the extent you have excess funds deposited with us after all monies due to us have been
Deducted, we shall return such funds to you less any administrative costs.
15. Our rights to end the contract
15.1 We may end the contract if you break it. We may end the contract at any time by writing to you
To any postal or email address you have given us and have not notified us in writing is no longer
valid
(Provided always that we have one valid postal and email address at all times) if:
15.1.1 You do not make any payment to us when it is due and you still do not make payment within
5 days of us reminding you that payment is due (save where failure to pay is as a result of our failure
To properly deduct monies owing from credit or debit cards or from monies held on deposit);
15.1.2 You are otherwise in breach of these terms or any specific terms of the Order;
15.1.3 You (being an individual) become bankrupt or (being a company) go into liquidation or have
An administrator appointed over any of your property or income or otherwise make any
arrangements
With your creditors.
15.2 We may end the contract if you are not in default. Even if you are not at fault, we can still end
The contract on one month’s written notice and any specific Order with immediate effect. The
contract
And any relevant Order will end on expiry on the notice period and:
15.2.1 You shall immediately pay to us all monies owing in respect of Orders save where we, at our
Discretion, do not collect from you or return to you any Item the subject of an Order (provided
always
That you will be liable for any costs incurred by us); for the avoidance of doubt, if you have funds
Deposited with us we shall be entitled to deduct monies owing to us from such funds and if you have
a
Credit account we shall be entitled to debit such account by the amounts owing; if you have paid on
a
Credit or debit card, we shall be entitled to deduct from or charge to such cards an amount equal to
Such monies;
15.2.2 During the notice period we shall provide the Service for any Item which is the subject of an
Order provided we are paid in full at the date the Order was placed;
15.2.3 To the extent you have excess funds deposited with us after all monies due to us have been
Deducted, we shall return such funds to you less any administrative costs.
16. If there is a problem
with the Service
16.1 How to tell us about problems. If you have any questions or complaints about the Service,
please contact us. You can write to us at admin@swift-bw.com cc info@swift-bw.com or
Visit our offices at Plot 22072/2 Unit 28, Gaborone Technology Park, G-west Industrial, Gaborone
Botswana.
16.2 Your legal rights. Nothing in these terms will affect your legal rights to the extent they cannot
Be varied by these terms.
17. Price and payment
17.1 Where to find the price for the product. The price of the Service (which includes costs so far as
We are able to ascertain them but excludes import taxes or tariffs, VAT or other sales tax and any
Administration costs) will be the price indicated on the quotation pages when you placed your
Order. If
We have provided a price in respect of a future order, you will be required to confirm the price
before
We will proceed with the order as prices may change for future orders. If you do not confirm the
price
Immediately prior to the future order being accepted we will not be obliged to proceed with that
part of
The Order. We take all reasonable care to ensure that the price of the Service advised to you is
Correct. However please see clause
17.3 For what happens if we discover an error in the price of the
Product you order.
17.2 We will pass on changes in the rate of VAT. If the rate of VAT (or other sales tax) changes
Between your order date and the date we supply the Service, we will adjust the rate of VAT that you
Pay, unless you have already paid for the Service in full before the change in the rate of VAT takes
Effect.
17.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, an
Order may be incorrectly priced. We will normally check prices before accepting your Order so that,
where the Order’s correct price at your order date is less than our stated price at your order date,
we
Will charge the lower amount. If the Order’s correct price at your order date is higher than the price
Stated to you, we will contact you for your instructions before we accept your order. If we accept
and
Process your order where a pricing error is obvious and mistakable and could reasonably have been
Recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and
Return any Consignments in our possession.
17.4 What happens if the weight or size etc. were incorrect our charges are based on the details of?
The weight and size of your Item(s) and the Delivery Address and other collection and delivery
details
That you input into the order process. To the extent you have made an error in any of this
information
Which results in additional costs you shall be responsible for such additional costs.
17.5 When you must pay and how you must pay. We accept payment by way of credit and debit
cards, PayPal and Bank Transfers and by way of a credit account and other forms of payment set out
from
Time to time on our website. When you must pay depends on what method of payment we agree
you
May use:
17.5.1 Credit cards, debit cards and PayPal - you must pay for the Shipment as soon as you receive an Invoice.
17.5.2 –Bank Transfer – we will debit your e-wallet account immediately prior to the acceptance of
the
Order.
17.5.3 Credit account – as shall be agreed by us by way of separate agreement.
17.6 Additional charges if additional charges are due from you pursuant to paragraph
17.5 Above or
17.7 below you authorise us to debit such charges from the credit/debit card or PayPal
Account used to make the original payment or from your e-wallet account or your credit account. To
The extent any such charges are not satisfied by these methods, you shall be liable to pay such
Outstanding charges within 7 days of notification by us of the amount due.
17.7 We can charge interest if you pay late. If you do not make any payment to us by the due date
We may charge interest to you on the overdue amount at the rate of 4 % a year above the base
Lending rate of Bank of Botswana Plc from time to time. This interest shall accrue on a daily basis
from the
Due date until the date of actual payment of the overdue amount, whether before or after
judgment. You must pay us interest together with any overdue amount.
17.8 Set off etc. You must pay all amounts due in full without any deduction or withholding accept
As required by law. Without prejudice to any other rights or remedies we may have, we shall be
Entitled to set off any amounts owing to us by you against any amounts owing from us to you
(whether
Or not in relation to the same or different Orders). Until we are paid in full all monies owing to us
Under all Orders (1) we shall be entitled to retain possession of and neither deliver nor return one or
More Consignments (regardless of whether the outstanding monies relate to such Consignments)
and
(2) We shall be entitled to charge you any storage or other charges relating to our retention of any
Consignment.
17.9 Prepay E-wallet If you have an account with us which allows you to pre-pay for the Service, you
authorise us to debit this account immediately upon an Order being accepted. To the extent
There is sufficient funds in your account to settle the amount of the Order we reserve the right to
reject
Or suspend the Order and to require you to settle any outstanding amounts within days of
notification
By us (or such other time period as we require). To the extent any funds remain in your account 12
Months after your last Order, we reserve the right to close your account and retain any sums therein
And you will lose the right to such sums. On closure of your E-wallet account, we shall charge you a
Fee of the greater of P100 and 20% of the funds in your account and we shall be entitled to deduct
Such fee from the funds.
17.10 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us
Promptly to let us know.
18. Refunds
You are to be eligible for a return or refund after 9 weeks of a late delivery of an order or
Shipment. All refunds are processed after a request is made by writing to accounts@swift-bw.com Providing all information on the order made and Bank details. Due orders being drop-shipped it
takes
10 to 15 days for the refund to be fully processed. See full refund policy. Our responsibility for loss or
damage suffered by you
18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply
With these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our
Breaking this contract or our failing to use reasonable care and skill, but we are not responsible for
Any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that
it
Will happen or if, at the time the contract was made, both we and you knew it might happen. Our
Responsibility is subject to the other provisions of these terms.
18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our
Employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
18.3 We are not liable for direct and indirect etc. losses. We shall not be liable for any direct or
Indirect loss (including, without limitation, loss of profits, loss of goodwill, loss of business or of
Business opportunity, business interruption or any special, indirect or consequential damage).
18.4 We are not liable for your default. We shall not be liable for any loss caused as a
Consequence of any breach of these terms or the Order by you including, without limitation, by any
Defective packaging, misleading or incorrect labelling, inaccurate measuring or weighing of the Item
or
In relation to an Item being a Prohibited Item. We reserve the right to suspend or terminate the
Service if you are in default of these terms and you shall be liable to indemnify us for any additional
Costs incurred or loss suffered as a consequence.
18.5 Our liability is limited. If we are liable to you we shall only be liable up to a maximum of the
Amount paid by you for the Order. Any loss shall be calculated on a like for like basis. To the extent
You have insurance protection, either through your own insurance or insurance purchased by you as
Part of the Order, you may be able to claim further amounts of compensation thereunder and to the
Extent you recover under such insurance an amount in respect of which we compensate you, you
will
Be liable to refund us such amount (less reasonable costs) and we shall have a right of set off against
Such compensation. To the extent you do not purchase additional insurance, you do so at your own
Risk. Please see Appendix 2 for further details on risks covered and excluded by insurance and the
Section on our website headed “Insurance”.
18.6 Events outside our control. We shall not be liable for any loss or damage caused by any event
beyond our control including, without limitation, weather conditions, transport delays or congestion,
strikes, lockouts, sanctions, the breaking off of diplomatic relations, any act of a government or
public
Authority or import or export restrictions or act of god.
18.7 Making a claim. We shall not be liable to you for any loss or damage unless you notify us via
The “Making a Claim” section on our website in accordance with the requirements set out
Therein. Please see the section headed “Making a Claim” on our website for further information on
When you can make a claim, how to make a claim and what information and evidence is required. If
The Consignment is received and signed as received in good order or similar language the
Consignment will be deemed to be received in this state; if the Consignment is damaged or
Unchecked, the recipient should make an accurate note with a delivery courier on the same delivery
Papers and fill the damage report. You are obliged to inform us about any damage caused no later
Than in 7 days after delivery. Under no circumstances will we have any liability for loss or damage
Caused by a failure by you to comply with "Making a claim" instructions provided by us.
18.8 How we will refund you. If we accept liability to you we will refund you the amount we agree
Equals your loss (subject to the limitations elsewhere in these terms) within 14 days of agreement,
by
The method you used for payment, by cheque or by transfer of funds to your account which you
have
Given us details of, at our discretion. However, we may make deductions from the refund to cover
our
Reasonable costs.
19. How we may use your personal information
19.1 How we will use your personal information. We will use the personal information you provide
to
Us:
19.1.1 To supply the Service to you and to get your feedback about the service we have provided,
directly or through third parties;
19.1.2 To process your payment for the Service;
19.1.3 To verify the information in the Order including, without limitation, your identity and that of
the
Address and of collection and delivery addresses;
19.1.4 To avoid fraud or other unlawful activity; and
19.1.5 If you agreed to this during the order process, to give you information about similar services
That we or our partners, agents and sub-contractors provide, but you may stop receiving this at any
Time by contacting us.
19.2 Subject to paragraph
19.1, we will only give your personal information to third parties where
The law either requires or allows us to do so.
19.3 Subject to paragraph
19.1, you will find further information about our Privacy Policy, which is
Incorporated into this contract, details of which can be found here.
20. International carriage
20.1 Provisions applying outside Botswana. To the extent that any part of our Service is undertaken
Outside Botswana, the relevant provisions of the Convention on the Contract for International
Carriage of Goods by Road as set out in the Schedule to the Carriage of Goods by Road Act 1965 (as
Amended) (“CMR Regulations”) and, in particular, articles 17 onwards shall govern our liability and
Those provisions shall be deemed to be incorporated into this Agreement and will apply in place of
any
Inconsistent terms within these terms. You are deemed to have agreed to these provisions by
Agreeing to these terms.
20.2 Provisions applying to air transportation. The Montreal Convention shall apply to any Order
Which is subject to transportation by air, but only to the extent that the Order or part thereof is
subject
To transportation by air and shall not apply to any part of the Order which is not so subject. Our
Liability shall be subject to the maximum amounts set out in the Montreal Convention and you are
Deemed to have agreed to the provisions of the Montreal Convention by agreeing these terms.
20.3 Local customs charges, taxes etc. We shall not be responsible for any local customs charges,
Import taxes or duties or any similar charge(s) incurred through our carriage and/or delivery of any
Item and you must satisfy yourself as to whether any of these charges will become due, and if so in
What amounts, before completing an order with us? If any such charges become due as a result of
our
Carriage and/or delivery of an Item on your behalf and are charged to us by any competent authority
You agree to reimburse us fully in respect of the same within 7 days of our demand. We shall not be
Under any obligation to pay any such charges unless you have paid us an amount equal to the
Charges at the time of placing the Order and you shall be responsible for all costs incurred in relation
To any storage, release and/or return of a Consignment on which such charges are levied and any
Fines or penalties incurred. If in our reasonable opinion unforeseen costs are due, we are authorised
To return the Consignment to you without attempting to make delivery.
It is the client's obligation to know what documents are necessary for the entire customs process
Since Parcel ABC does not manage the customs. Keep in mind that each country has its own
Regulation so if you are going to make an international shipment it is better to inform yourself and
Attach the documents to the package to avoid problems in customs.
21. Other important terms
21.1 We may transfer this agreement to someone else. We may transfer our rights and obligations
Under these terms to another organisation.
21.2 Nobody else has any rights under this contract. This contract is between you and us. No other
Person shall have any rights to enforce any of its terms save as expressly referred to otherwise in
These terms.
21.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the
paragraphs
Of these terms operates separately. If any court or relevant authority decides that any of them are
Unlawful, the remaining paragraphs will remain in full force and effect.
21.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist
Immediately that you do anything you are required to do under these terms, or if we delay in taking
Steps against you in respect of your breaking this contract that will not mean that you do not have to
Do those things and it will not prevent us taking steps against you at a later date? For example, if you
Miss a payment and we do not chase you but we continue to provide the products and services, we
Can still require you to make the payment at a later date.
21.5 CIFA. We are members of the China International l Freight Association (CIFA) and are
Bound by its Code of Conduct. The CIFA Standard Trading Conditions 2005A Edition are
Incorporated into this contract, details of which can be found here.
21.6 Which laws apply to this contract and where you may bring legal proceedings? These terms are
Governed by English law and subject to the exclusive jurisdiction of the English courts. Nothing in
this
Clause shall limit our right to take proceedings against you in any other court of competent
jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions prevent us from
taking
Proceedings in any other jurisdictions, whether at the same time or not, to the extent permitted by
the
Law of that other jurisdiction.
22. Additional Terms and Conditions for the referral program
22.1 Under the SWIFTPATH LOGISTICS Referral Program, SWIFTPATH LOGISTICS registered
Users (hereinafter “Customer”) who have made a consignment are invited to obtain Bonuses by
Inviting contacts, (hereinafter “Friend”) to make use of SWIFTPATH LOGISTICS online shipping
services.
22.2 The following SWIFTPATH LOGISTICS Limited Referral Program Terms and
Conditions apply to the Customer and Friend (together referred to as the “Participants”)
participating
in the SWIFTPATH LOGISTICS Limited Referral Program.
22.3 We may suspend, terminate or change the terms and requirements of the SWIFTPATH
LOGISTICS Limited Referral Program Terms and Conditions at any time and for any reason. A
Referral Bonus already earned in accordance with the SWIFTPATH LOGISTICS Limited Referral
Program Terms and Conditions before such change, suspension or termination, will be honored.
22.4 Information about the Friend. By taking part in the SWIFTPATH LOGISTICS Limited Referral
Program, the Friend acknowledges that we may at our sole discretion, share the Friend’s email
Address, consignment date and eligibility of the Consignment in the Customers user account setting
To inform the Customer about the status of the Bonus obtained. We will not share the consignment
Related information. If you do not want the Customer to receive this information about you, please
do
Not finalize the consignment after having clicked on the Referral Link. Your participation in the
SWIFTPATH LOGISTICS Referral Program will be stopped.
22.5. Eligibility. Participants, meaning Customer and Friend, must be 18 years of age and older. Staff
Members of SWIFTPATH LOGISTICS LTD., and its affiliates, as well as participants (including their
Representatives and staff members) of the Parcel ABC Limited Affiliate Program are excluded from
Participation. Participants must be natural persons.
22.6 Referral bonus
22.6.1 A Referral Bonus can be obtained as follows:
The Customer shares the referral link as provided on the Parcel ABC Limited website (the “Referral
Link”). The Customer is not entitled to use the Referral Link in or in conjunction with paid
promotions,
Including online advertising. A person, receiving the referral link (the “Friend”), creates an eligible
consignment through the Parcel
ABC Limited website by clicking on the Referral Link and fully pays the order amount with the means
of payment method provided by us.
22.6.2 A referral bonus is only applicable when the following apply:
22.6.3 Customers and Friends must always be different persons.
22.6.4 A consignment is considered an "Eligible Consignment" when it has been made by the Friend
By clicking on the Referral Link. We will only recognize one eligible consignment per Friend to count
For a Referral Bonus.
22.6.5 Each Friend may only use a Referral Link once to create an eligible Consignment, regardless if
The Friend received or had access to separate Referral Links from different Customers.
22.6.6 Our Referral Program can only be used for personal, non-commercial purposes.
22.6.7 If it has been determined, at our sole discretion, that Customer and Friend have complied
with
And fulfilled our Referral Program Terms we may confirm that the Customer and the Friend have
Obtained the bonus and discount, as described in the terms and conditions of the specific
promotion, which is part of our Referral Program, by sending an email to the Customer and/or
Friend as
Necessary to notify this and/or applying the relevant bonus to the bonus statement or by displaying
The discount on the search results page.
22.6.8 If no consignments have been sent through the Customer account to which bonuses have?
Been added, for a period of 12 months since the last shipped consignment, all bonuses on that user
Account will be cancelled and deleted.
22.6.9 The referral link and the related discount for the use by Friend is valid for 12 months. Terms
And conditions and promotional details associated to the link may change at any time at SWIFTPATH
LOGISTICS discretion.
22.6.10 the maximum bonus that can be obtained per eligible shipment is 200BWP
22.6.11 The Referral Bonus or the Friend discount cannot be transferred, exchanged for any cash or
Money or sold.
22.6.12 The Participants will be responsible for any taxes or charges, that may be
from the use or
Application of a Referral Bonus or discount.
22.6.13 the calculation of the Referral Bonus is an automatic procedure based on the use of the
Referral Link s and the creation of an eligible Consignment through the SWIFTPATH LOGISTICS
Limited online shipping services. SWIFTPATH LOGISTICS Limited retains the right to, at its sole
Discretion, review the compliance with our Referral Program terms.
22.6.14 SWIFTPATH LOGISTICS reserves the right to cancel a bonus and/or discount where it has
Been applied and/or to hold a shipment when the intended spirit of the referral scheme or our
terms
And conditions have been breached. (E.g. multiple user accounts registered to the same or similar
Address or IP address, where it contains the shipment of illegal or prohibited items) until the applied
Bonus and/or discount has been paid to SWIFTPATH LOGISTICS.
22.7 Displaying Referral Links. The Customer shall not share or publish the Referral Links where
There is no reasonable basis for believing that recipients are genuine shippers and will appreciate
the
Invitation offered through the Referral Link and are not acting in violation of applicable anti-spam
laws. The Customer shall indemnify and hold SWIFTPATH LOGISTICS Limited, its directors, officers,
employees, shareholders, agents and successors harmless, from and against any claims that may
Arise from any unlawful forwarding or sharing of the Referral Link.
22.8 Anti-Bribery. By sharing the Referral Link, creating an Eligible Consignment and in order to be
Eligible for the Referral Bonus, each Participant agrees and accepts the following anti-bribery terms:
You are not a government official. “Government officials” include any government employee;
Candidate for public office; and any employee of (wholly or partly) government-owned or
government- controlled companies, public international organizations and political parties (including
any official or
Representative thereof). Government officials are not eligible for the referral bonus. You shall
Immediately inform us if you are a government official. In respect of (or as an award for) the referral
Activities (including the solicitation of new users, accommodations and/or the promotion and
Marketing of Parcel ABC Limited) and the Referral Bonus, you shall
(i) not directly or indirectly
(a)
offer, promise or give to any third party (including any governmental official or political party('s
official, representative or candidate)), or
(b) seek, accept or get promised for itself of for another party, any gift, payment, reward,
consideration or benefit of any kind which would or could be construed as bribery or
An illegal or corrupt practice, and
(ii) comply with all applicable laws governing anti-bribery and
corrupt
Gifts and practices (including the Hong Foreign Corrupt Practices Act and Botswana Anti-Bribery Act).
22.9 Miscellaneous.
22.9.1 SWIFTPATH LOGISTICS Limited retains the right to investigate the participation in our
Referral Program for any fraudulent activities and take any measures to end them. These measures
May comprise, that we at our own discretion cancel an eligible Consignment. Referral Bonuses
Earned through fraudulent activities or activities in violation of these Referral Program terms or
Standard terms and conditions will be null and void and repayment may be requested by us.
22.9.2 We may suspend, terminate or change the terms and requirements of the our Referral
Program Terms at any time and for any reason.
22.9.3 The original English version of this Agreement may have been translated into other
languages. The translated version of this Agreement is a courtesy and office translation only and the
Participants
Cannot derive any rights from the translated version. In the event of a dispute about the contents or
Interpretation of these terms and conditions of this Agreement or in the event of a conflict,
ambiguity,
Inconsistency or discrepancy between the English version and any other language version of this
Agreement, the English language version shall apply and prevail and be conclusive and binding. The
English version shall be used in all legal proceedings.
22.9.4 If any provision of these terms is or becomes invalid, unenforceable or non-binding, you shall
Remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless
Be enforced to the fullest extent permitted by applicable law, and each participant will at least agree
to
Accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and
Purpose of these terms and conditions.
22.9.5 To the extent permitted by law, our Referral Program Terms shall be exclusively governed by
and construed in accordance with the laws of Botswana. Any disputes arising out of or in connection
with these terms shall exclusively be submitted to and dealt with by the competent court of
Botswana.
22.10 Prohibited Items
