Terms & Conditions

WEBSITE ACCEPTANCE NOTICE (BINDING)

By selecting “I Agree”, ticking the applicable checkbox, creating an account, or using the Cargo Match platform in any manner, you acknowledge that you have read, understood, and irrevocably agreed to be bound by the applicable Terms and Conditions below. These Terms constitute a legally binding electronic agreement in terms of the Electronic Communications and Transactions Act 25 of 2002.

If you do not agree, do not use the Platform.

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SECTION A: GENERAL PLATFORM TERMS (APPLICABLE TO ALL USERS)

1. LEGAL FRAMEWORK AND GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa, including but not limited to:

• The Constitution of the Republic of South Africa, 1996;
• National Road Traffic Act 93 of 1996 and related regulations;
• Road Traffic Management Corporation Act 20 of 1999;
• Occupational Health and Safety Act 85 of 1993;
• Electronic Communications and Transactions Act 25 of 2002;
• Consumer Protection Act 68 of 2008, where applicable;
• Common law of South Africa;
• Road Freight Association (RFA) rules, codes, and compliance standards.

These Terms are enforceable to the maximum extent permitted by law.

2. PLATFORM ROLE AND DISCLAIMER

Cargo Match (Pty) Ltd ("Cargo Match") operates solely as a digital logistics facilitation and matchmaking platform.

Cargo Match:

• Is not a road freight carrier;
• Does not transport goods;
• Does not employ drivers or operators;
• Does not take custody or control of cargo;
• Does not act as principal, agent, partner, or guarantor.

All transport services are provided entirely at the risk of the contracting parties.

3. LIMITATION OF LIABILITY (GLOBAL)

To the fullest extent permitted by law, Cargo Match shall not be liable for any loss, damage, delay, injury, death, theft, hijacking, regulatory penalty, or economic loss arising from the use of the Platform.

If liability is imposed by a court notwithstanding this exclusion, Cargo Matchs’ total aggregate liability shall be strictly limited to the lesser of:

• The facilitation fee paid to Cargo Match for the relevant transaction; or
• ZAR 1,000.

4. INDEMNITY (GLOBAL)

You indemnify and hold Cargo Match harmless against all claims, damages, fines, penalties, legal costs, and losses arising from your use of the Platform, breach of these Terms, or non-compliance with law.

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SECTION B: CARRIER / TRANSPORTER TERMS AND CONDITIONS

5. CARRIER STATUS

All carriers, transporters, fleet owners, drivers, and operators ("Carrier") operate as independent contractors.

Nothing herein creates an employment relationship, partnership, joint venture, or agency.

6. CARRIER WARRANTIES AND OBLIGATIONS

The Carrier warrants and undertakes that it:

• Holds all valid operator cards, permits, licences, and registrations;
• Complies fully with the National Road Traffic Act and regulations;
• Complies with RFA operational, safety, and ethical standards;
• Maintains valid goods-in-transit, vehicle, and public liability insurance;
• Ensures vehicles are roadworthy and legally compliant;
• Ensures drivers comply with legal driving hours and safety rules;
• Assumes full responsibility for load securing, routing, and delivery.

7. CARRIER LIABILITY

The Carrier assumes full and sole liability for:

• Loss, damage, or theft of cargo;
• Accidents, injuries, or fatalities;
• Vehicle damage or breakdowns;
• Traffic fines, weighbridge penalties, and enforcement actions;
• Delays, non-performance, or breach of contract.

Cargo Match bears no responsibility whatsoever for the execution of transport services.

8. CARRIER INDEMNITY

The Carrier indemnifies Cargo Match against any claim arising from:

• Road traffic offences;
• Non-compliance with RFA or statutory requirements;
• Insurance failures or exclusions;
• Misrepresentation of capacity, availability, or compliance.

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SECTION C: SHIPPER / CLIENT TERMS AND CONDITIONS

9. SHIPPER RESPONSIBILITIES

The shipper, consignor, or client ("Shipper") warrants that it:

• Has lawful authority over the goods;
• Accurately declares cargo type, weight, and value;
• Ensures lawful packaging and documentation;
• Does not ship prohibited, hazardous, or illegal goods unless legally authorised.

10. SHIPPER ASSUMPTION OF RISK

The Shipper acknowledges that:

• Cargo Match does not guarantee carrier performance;
• All transport risk rests with the Shipper and Carrier;
• Cargo Match is not responsible for insurance coverage.

11. SHIPPER INDEMNITY

The Shipper indemnifies Cargo Match against any claims arising from:

• Incorrect cargo declarations;
• Dangerous or unlawful goods;
• Losses caused by third-party carriers;
• Regulatory non-compliance.

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SECTION D: TERMINATION AND ENFORCEMENT

12. SUSPENSION AND TERMINATION

Cargo Match may suspend or terminate access immediately and without notice where there is:

• Any breach of these Terms;
• Legal or regulatory risk;
• Threat to public safety or platform integrity.

13. DISPUTE RESOLUTION

All disputes shall be resolved by arbitration under AFSA rules, seated in Johannesburg, in English. Class actions are expressly waived.

14. CONSUMER PROTECTION ACT (CPA) SAFEGUARDS FOR SMEs

14.1 Where a User qualifies as a "consumer" in terms of the Consumer Protection Act 68 of 2008 ("CPA"), including a juristic person whose asset value or annual turnover falls below the statutory threshold, the protections afforded by the CPA shall apply only to the extent that such rights are non-waivable by law.

14.2 Nothing in these Terms is intended to unlawfully exclude, limit, or avoid any right or obligation that may not be excluded under the CPA. All limitations of liability, exclusions of warranties, and indemnities shall be interpreted as narrowly as required to comply with the CPA, and no more.

14.3 To the fullest extent permitted by the CPA:

• CargoMatch’s role as a facilitation platform only is expressly acknowledged;
• Cargo Match does not assume any obligation to ensure carrier performance, cargo safety, delivery times, or insurance coverage;
• Any implied warranties permitted to be excluded under section 61 and section 56 of the CPA are hereby excluded;
• Any strict liability imposed by section 61 of the CPA is limited to circumstances where Cargo Match is legally deemed to be a supplier of goods or services, which the User expressly acknowledges it is not.

14.4 Where section 49 of the CPA applies, the User’s attention is specifically drawn to the following provisions which limit Cargo Match’s risk or impose obligations on the User:

• Limitation and exclusion of liability (Section 3);
• Assumption of risk by Carriers and Shippers (Sections 7 and 10);
• Indemnities in favour of Cargo Match (Sections 4, 8, and 11);
• Immediate suspension and termination rights (Section 12).

By accepting these Terms, the User confirms that these provisions were brought to their attention in plain language, and that acceptance is made knowingly and voluntarily.

15. SEVERABILITY AND ENTIRE AGREEMENT

If any provision is found unlawful or unenforceable, such provision shall be severed without affecting the validity of the remaining provisions. These Terms constitute the entire agreement between the parties and supersede all prior agreements, negotiations, or representations.

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WEBSITE CHECKBOX ACCEPTANCE (CPA-COMPLIANT)

Electronic acceptance constitutes binding agreement in terms of the Electronic Communications and Transactions Act 25 of 2002.