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EBDN User agreement
EBDN user agreement

The South African Post Office Limited ("we" or "us" or “our” or “SA Post Office”), provides a service through the Website located at https://www.postoffice.co.za where the Customers of SA Post Office who make use of SA Post Office’s bulk mail service (“you”, “your” and “Customer”) are able to place an electronic order on our electronic bulk mail delivery note system (the “eBDN Service”).

By registering to use the eBDN Service and enrolling for a digital certificate to be used in respect thereof, you enter into the following agreement with SA Post Office and agree to be bound by these terms and conditions (the “eBDN Service Agreement”).

You further agree that by accessing the eBDN Service (by "logging-in" to the eBDN Service using a user name and password/personal identity number verified by means of a digital certificate or such other appropriate mechanism to validate you as a Customer as we may from time to time determine), you shall be bound by any amendment or alteration to any or all parts of this eBDN Service Agreement subsequent to such initial registration. Amendments or alterations to this eBDN Service Agreement will only take effect once they have been placed on the Website.

For ease of use, we have included automated links ("hyperlinks") in this agreement to text elsewhere on the Website. These links are indicated by blue underlined text and your mouse's cursor should change into a hand or other pointer when held over this text. You are obliged to view the relevant parts of the hyperlinked text, which text shall be deemed to form part of this eBDN Service Agreement.

Governing Provisions

1.1 The provisions of the Account Application for Post Office Postal Service, Domestic Letter Postage Discount Agreement, National Bulk Mail Service Guide and SA Post Office’s general Disclaimer and Legal Notices shall apply equally in this eBDN Service Agreement and be incorporated by their reference herein.

1.2 This eBDN Service Agreement shall be interpreted so that all the provisions are given as full effect as possible. In the event of a conflict between any provisions of this eBDN Service Agreement and the other agreements referred to above, the following precedence ranking shall apply, save to the extent specifically stated otherwise:

Document
Precedence ranking

Account Application for Post Office Postal Service

1

Domestic Letter Postage Discount Agreement

2

National Bulk Mail Service Guide

3

eBDN Service Agreement

4

SA Post Office Disclaimer

5

SA Post Office Legal Notices

6

1.3 You hereby grant SA Post Office authority to issue notifications required in terms of this eBDN Service Agreement, legislation or regulation, as the case may be, by posting such notification on the Website or sending such notification by email. Any notices so issued by SA Post Office, shall as far as they contain contractual terms pertaining to the eBDN Service, also form part of this Agreement. A certificate signed by the administrator responsible for the maintenance of this Website (whose authority it shall not be necessary to prove) shall be prima facie proof of the first date of publication, withdrawal or contents of a notification.

1.4 The provision of the eBDN Service is accordingly governed by and subject to the provisions of the:

1.4.1 eBDN Service Agreement;

1.4.2 National Bulk Mail Service Guide;

1.4.3 Domestic Letter Postage Discount Agreement;

1.4.4 Account Application for Post Office Postal Service;

1.4.5 SA Post Office's general Disclaimer;

1.4.6 SA Post Office's Legal Notices; and

1.4.7 any notices or information posted to the Website governing the eBDN Service.

2. Acceptance of the eBDN Service Agreement

2.1 This eBDN Service Agreement becomes binding on you on registration as provided for in clause 5 below.

2.2 Without affecting the validity of deemed acceptance in terms of clause

2.1 and without imposing any duty on SA Post Office to do so, you may be required to Submit acceptance of this eBDN Service Agreement and/or Amendments, from time to time.

2.3 Whenever contractual terms, disclaimers or notices are displayed or made accessible on the Website, not requiring a submission from you to be accepted, such contractual terms, disclaimers or notices shall be deemed to be accepted by the you unless you immediately end the Session without performing any further Instruction and inform SA Post Office, within 24 hours, of your non-acceptance of the contractual terms, disclaimer or notice in question.

3. Background to the eBDN Service

3.1 Bulk Mail Delivery Notes: Prior to the introduction of the eBDN Service, SA Post Office has required its Customers who pre-sort their mail and mail a minimum of 1 000 identical items at a time, to lodge their mail with a Bulk Mail Delivery Note ("BDN”). A BDN assists SA Post Office in its income protection procedures and financial reconciliations such as creating sales orders and raising invoices.

3.2 BDN books: SA Post Office has, prior to the introduction of the eBDN Service, supplied Customers with pre-numbered paper based BDN books which have been used by the Customer to record the mail that is lodged at mail centres or hubs.

4. The eBDN Service

4.1 Reason for eBDN Service: The eBDN Service has been developed by SA Post Office to speed up and support lodgement and payment of Bulk Mail by converting the BDN into an electronic form.

4.2 Technology neutrality: Having regard to the aforegoing, SA Post Office makes the eBDN Service available to you subject to the principle of technology neutrality, which principle you hereby accept. The principle of technology neutrality means that, unless otherwise stated in this eBDN Service Agreement (i) the eBDN Service is subject to the same business fundamentals and principles irrespective of the technology used to access the eBDN Service, (ii) the eBDN Service is subject to the same processing turn-around times and performance criteria applicable to Bulk mail and BDN processing in an offline environment and (iii) documents or displays viewed or printed by you via the Website shall prima facie be deemed to be "true copies" of the original.

5. Registration for the eBDN Service

5.1 Digital certificate: If you want to use the eBDN Service, you are required to register for the eBDN Service and obtain a digital certificate from SA Post Office.

5.2 Provision of information: You agree to provide such information as may be reasonably requested by us for the purpose of permitting you access and use of the eBDN Service. You agree to notify us promptly if there is any change in your telephone number, address, electronic mail address and account numbers, expiry dates and details. The provisions of our Privacy Policy will apply to all information you furnish to us.

5.3 Access Code:  Simultaneously with you obtaining a digital certificate from us you will be supplied with or select an Access Code (for use in conjunction together with the digital certificate) by such means and in such format as SA Post Office may determine from time to time. The eBDN Service is subject to SA Post Office having issued you with a digital certificate and an Access Code. You undertake to ensure that the Access Code is neither easily accessible nor disclosed to anyone. Storing the Access Code on a computer or network will be regarded as prima facie negligent for purposes of evidence with regard to unauthorised transactions.

5.4 Unauthorised access to or use of Access Code: You shall report any actual or potential unauthorised access to or use of the Access Code to SA Post Office, without delay, via its call centre [?] and provide SA Post Office with written confirmation thereof within 24 hours of such notification. On receipt of telephonic notification, SA Post Office reserves the right to: (a) reject all Online sales orders received after such notification; (b) suspend the processing of all Online sales orders not yet executed; (c) reverse (if possible) all executed Online sales orders with effect from such date and time as SA Post Office may reasonably determine the unauthorised use to have commenced; or (d) deactivate the Access Code without further notice.

5.5 Signature and authority: You hereby designate the submission of the Access Code as your signature for purposes of all subsequent actions performed or instructions given during a Session. SA Post Office shall not be liable for you executing the same Instruction more than once.

6. Sending eBDN Service Orders and Confirmation of Receipt

6.1 Once you have accessed the Website, you will navigate to the eBDN lodgement web page where digital certification exchange will take place and where you will be required to complete the eBDN. The eBDN is captured in the form of a sales order (the "Online sales order") and you are then required to lodge your Bulk Mail at the time and on the date as indicated on the Online sales order.

6.2 It is recorded that this eBDN Service Agreement merely contains the terms applicable to the BDN in electronic form as an Online sales order. The terms and conditions relating to the rendering of the Bulk Mail Delivery Service and sales order are governed by (i) the Domestic Letter Postage Discount Agreement and (ii) the Account Application for Post Office Postal Service, which, for the avoidance of doubt are not superceded or replaced by the eBDN Service Agreement.

6.3 The Online sales order Submitted by you using the eBDN Service will be treated as an offer by you to lodge your Bulk Mail at the time and on the date as indicated on the Online sales order. SA Post Office is entitled to reject any Online sales order without giving reasons. An Online sales order, once sent to us, cannot be withdrawn unless we agree thereto.

6.4 Your offer is only deemed to be received by us once this is confirmed to you electronically. Although our Website is set up to confirm receipt of your Online sales order ("confirmation"), technical or other problems may delay or prevent such confirmation. If you have not received confirmation from us shortly after sending your Online sales order you should contact us immediately.

6.5 Confirmation does not mean that a transaction has been concluded. It merely serves to confirm that your Online sales order has been received by us. Confirmation is deemed to have been sent by SA Post Office as soon as this is reflected in SA Post Office's log files.

6.6 A transaction is only concluded when SA Post Office notifies you that the consignment and the Online sales order are correct.

6.7 You shall be obliged to log-off from eBDN Service before exiting an Online Session. Failure to log-off could result in unauthorised Online sales orders for which SA Post Office will not be held liable. SA Post Office may, in its sole discretion and for whatever reason, require you to change your her Access Code from time to time and you undertake to comply with such requirement unconditionally.

7. Deemed Originator

You warrant to us that all your given details are true and correct; you are legally capable of concluding the transaction and you have read, understood and accepted this eBDN Service Agreement. As it is impossible for us to verify the originator of an instruction, you hereby authorise us to act on any instruction purporting to originate from you, even if it transpires that both of us been defrauded by someone else, unless you have informed us to the contrary prior to us acting on a fraudulent instruction.

8. Charges

You agree to pay all charges as agreed to between us as set forth in (i) the Domestic Letter Postage Discount Agreement and (ii) the Account Application for Post Office Postal Service.

9. Payment

9.1 Unless otherwise Specified you are entitled to make use of any of the payment methods stipulated on the Website from time to time in order to pay for the sales order concluded using the eBDN Service . Please note that we are not a provider of payment methods and cannot be held liable for the products or services offered by third parties in this regard. We do not accept credit cards that are issued or billed to addresses outside of South Africa.

9.2If you cancel your credit card after a transaction, you will still remain liable to us to pay the renewal fee immediately after such cancellation unless you can prove to our satisfaction, within 10 days of having cancelled payment, that the transaction resulted from fraudulent use of your credit card. If we are satisfied with your explanation we will terminate the transaction, provided that you will reimburse us for any bank charges incurred due to a charge-back. If the bank declines our request for payment from your bank account, we shall be entitled to cancel the transaction.

10. Privacy

Our treatment of your personal information is outlined in our privacy policy available on the Website from time to time. Any intentional or negligent breach by us of the provisions of the privacy policy shall be compensated by us to the highest of the direct, actual damages suffered by you as a result of our breach or an amount of R5 000.00 (five thousand Rand), whichever is the lowest. This is the exclusive remedy to which you are entitled.

11. Security

11.1 While we employ security features, processes and procedures on the Website which are in accordance with or higher than accepted industry standard and use 128 bit encryption technology, we cannot guarantee the security of the information you transmit to us. Notwithstanding various precautions taken by us, you accept that transmitting information over the Internet may be subject to unlawful access or monitoring and that we are not liable for any loss, harm or damage which you may suffer as a result of this.

11.2 To enjoy full functionality and all the security features available on the Website you may be required to use the hardware and/or software Specified on the Website from time to time. If you do not have the Specified browser then you might not enjoy the full functionality or security features made available on the Website, in which case you acknowledge and accept that the Website may fail to function properly and you accept all risks related to this.

11.3 All credit card transactions are secure and encrypted using the latest 128 Bit SSL encryption technology. Once you access the eBDN lodgement web page, you will notice that the Website URL will change from HTTP to HTTPS and a small padlock will appear at the bottom of your screen. This is your guarantee of a secure Internet transaction.

12. Complaints and Disputes

12.1 Any complaints and queries which you may have should be directed to the office of our Deputy Information Officer whose details are provided in clause 17.4 below.

12. If the complaint cannot be resolved with 10 (ten) business days after having been referred to the office of our Deputy Information Officer, the dispute will be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).

12.3 The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only you and your representative(s) and SA Post Office and its representative(s) may attend the arbitration. Both you and SA Post Office shall keep the fact that a dispute has arisen, the record of the arbitration proceedings as well as the arbitrator's decision, confidential.

12.4 Notwithstanding the above provisions, we retain the right to institute action in any court of law with jurisdiction to obtain urgent, interim relief or to collect outstanding debts due and payable by you.

13.   Availability of Website

SA Post Office may, in its sole discretion, at any time suspend or terminate the operation of the Website or the eBDN Service provided via the Website, without prior notice to you and without the need to provide you with reasons.

14.  Exclusion and Limitation of Liability

NEITHER SA Post Office, ITS SUBSIDIARIES, ASSOCIATES, AFFILIATES OR THEIR SHAREHOLDERS, CONSULTANTS OR EMPLOYEES WILL BE LIABLE FOR ANY DAMAGES RELATING TO THE USE OF THIS SITE, IRRESPECTIVE OF THE CAUSE OF YOUR LOSS. WITHOUT AFFECTING THE FOREGOING, WE ARE NOT BE LIABLE FOR: (i) ANY INTERRUPTION; MALFUNCTION; DOWNTIME OR OTHER FAILURE OF THE WEBSITE,COMPUTER SYSTEMS FOR WHATEVER REASON; (ii) ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE OF GOODS OR SERVICES PROVIDED BY 3RD PARTIES, INCLUDING, WITHOUT LIMITATION, PUBLIC SWITCHED TELECOMMUNICATION SERVICE PROVIDERS, INTERNET SERVICE PROVIDERS, ELECTRICITY SUPPLIERS, LOCAL AUTHORITIES AND CERTIFICATION SERVICE PROVIDERS; OR (iii) AN EVENT OF FORCE MAJEURE OR ANY OTHER EVENT OVER WHICH WE HAVE NO DIRECT CONTROL.

15. Intellectual Property

SA Post Office owns or has been licensed to use all the intellectual property rights in all the material on the Website which includes, but is not limited to, trademarks, service marks, copyright, know-how, trade or business names and other similar rights or obligations, whether or not registerable, registered or application for registration thereof has been made, and includes the proprietary rights of third parties in such intellectual property. You may not use this material for any commercial purposes whatsoever. You may only use such material for using or considering the eBDN Service. You are allowed to view and download one copy of the material to your computer.

16. No Representations or Warranties

The Website and the information on the Website are provided as is and we do not make any express, implied representations or warranties with regard thereto. SA Post Office does not warrant that the Website or the information on the Website: (a) will be error free; (b) will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or (c) will be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.

17. General

17.1 Severability: If any of the provisions of these Online terms are not fully enforceable for any reason, the remainder will nevertheless continue to apply.

17.2 Jurisdiction and governing law: Unless otherwise Specified, the eBDN Service is intended for citizens of the Republic of South African only. The Online Terms shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

17.3 Notices and address for service: For purposes of these Online terms each party agrees to receive legal service of any formal notices or court process at the physical address Specified in the Account Application for Post Office Postal Service.

17.4 Requests, Questions and Complaints: All requests, questions or complaints regarding the eBDN Service or Bulk mail generally should be addressed to:

Deputy Information Officer
South African Post Office Limited
2nd Floor, National Post Centre
497 Schubart Street
Pretoria
South Africa
Tel: (012) 401 7000

18.Definitions

In this eBDN Service Agreement the following terms shall have the following meaning:

18.1 Access Codemeans the User specific code or codes required to initiate an Online Session and includes any component part of such Access Code such as a digital certificate, an User ID, or Password;

18.2 Amendments means amendments to this EBDN Service Agreement as provided for in clause Error! Reference source not found.;

18.3 Bulk Mail" means SA Post Office's facility to post large quantities of domestic letters that provides discounts to Customers if letters are presented to SA Post Office in accordance with the terms and conditions set out in Part 1 of this eBDN Service Agreement;

18.4 Customer means a Customer of SA Post Office who uses the Bulk Mail service;

18.5 eBDN means the electronic Bulk Mail Delivery Notebook provided in terms of the Online services agreement. The eBDN service allows for the capturing of bulk mail related information and the placing of an electronic order by Users using the Website;

18.6  “information system” means a system for generating, sending, receiving, storing, displaying or otherwise processing Instructions and includes the Internet, telephone voice recognition, Short Messaging System (SMS) and Wireless Application Protocol (WAP) communications;

18.7  “Online” means via an information system;

18.8  “Session” means the uninterrupted period during which the User has access to the Online Services, from time to time;

18.9 Specified means displayed on the Website;

18.10 Submit means the submission of information by the User to SA Post Office through the SA Post Office System and includes the clicking of any icon or hyperlink on the Website or functionality on the User's Internet browser which transmits information to SA Post Office;

18.11 SA Post Office means SA Post Office Limited;

18.12 User means a new or existing Bulk Mail Customer who has duly registered and authorised to use the Online Services;

18.13 User ID means the User's user name to access the Online Services;

18.14 Website means the Website on which the Online Service is provided, currently being https://www.postoffice.co.za