Terms and Conditions

1. Introduction

1.1 These terms and conditions of use (the "Conditions") govern your use of the South African Post Office ("SAPO", "our", "we" or "us") eRegistered and Confidential Mail technology and systems (the "System").

1.2 By accessing and using the System, you confirm that you agree to these Conditions. If you do not agree, you must not use the System.

1.3 We reserve the right to change the System over time as company or market needs arise. We also reserve the right to stop or suspend the System at any time without prior notice. We may also decide to remove content and other data from the system as we see fit.

2. Definitions

2.1 "Confidential Information" means any information, whether in written, oral, electronic, or other form, that is disclosed by one Party to the other and is marked as confidential, or that would reasonably be understood to be confidential, given the nature of the information and the circumstances of disclosure.

2.2 "Registered Communications" means any communication that is sent through the System and is designated as registered, providing proof of delivery and receipt.

3. Detailed Description of Goods and/or Services

3.1 SAPO is a state-owned enterprise responsible for postal services within South Africa. It operates in the registered post industry, providing a range of postal and logistics services, including the marketing and facilitation of registered mail.

3.2 Registered mail offers tracking capabilities and proof of delivery.

4. Delivery Policy

4.1 Subject to availability and receipt of payment, requests will be processed as soon as possible, and delivery confirmed by email/sms.

5. Return and Refund Policy

5.1 The provision of goods and services by SAPO is subject to availability. Use of the system is at your own discretion.

5.2 All purchases are non-refundable.

6. Use of the System

6.1 You are entirely responsible for the files, content, and other information you submit and/or upload using the System.

6.2 You must not expose the System to malicious software or spyware.

6.3 SAPO will not be responsible for any corruption or loss of files that may occur through your use of the System.

7. Account Security

7.1 Safeguarding your account password is your responsibility. You agree not to disclose your password to any third party.

7.2 Any activity that occurs on your account is your responsibility, whether or not you authorised the activity.

7.3 Should your account become compromised, you agree to notify SAPO immediately.

8. Data & Privacy

8.1 Through the use of the System, you will provide us with personal information and files.

8.2 Our usage and processing of your information is governed by the terms of our Privacy Policy.

8.3 SAPO shall:

8.3.1 Process personal information lawfully, fairly, and transparently;

8.3.2 Collect personal information for specified, explicit, and legitimate purposes;

8.3.3 Ensure personal information is adequate, relevant, and limited to what is necessary;

8.3.4 Take reasonable steps to ensure personal information is accurate and kept up to date;

8.3.5 Keep personal information in a form that permits identification of data subjects for no longer than necessary;

8.3.6 Process personal information in a manner that ensures appropriate security.

8.4 SAPO shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

9. Data Security

9.1 In some cases, we will store our own copy of your messages and files, however it is your responsibility to keep secure, unaltered copies of all messages and digital files that you send through the System. Should you fail to do so, SAPO cannot be held responsible for not being able to prove the content and integrity of a message or file.

10. Payment Options Accepted

10.1 The South African Post Office is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

10.2 Payment may be made via Visa, Mastercard, Diners, Maestro, Visa Electron, or Union Pay into the South African Post Office bank account, the details of which will be provided on request.

11. Credit Card Acquiring and Security

11.1 Credit card transactions will be acquired for SAPO via PayGate (Pty) Ltd, who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3), and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

12. Customer Details Separate from Card Details

12.1 Customer details will be stored separately from card details, which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate, refer to www.paygate.co.za.

13. Merchant Outlet Country and Transaction Currency

13.1 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

14. Acceptable Use

14.1 You agree to use the System responsibly and not to:

14.1.1 Gain unauthorised access to SAPO's systems or those of its service providers;

14.1.2 Create disruptions or interference on the network;

14.1.3 Test system vulnerabilities without permission;

14.1.4 Breach security measures;

14.1.5 Send false, misleading, or fraudulent information;

14.1.6 Engage in illegal conduct;

14.1.7 Infringe copyright or other intellectual property rights;

14.1.8 Send spam.

14.1.9 Infringe another’s rights or violate the privacy of others;

14.1.10 Forge any aspect of any message (including TCP/IP packet header or any part of the header information) in any email.

15. SAPO Property

15.1 The System is protected by Intellectual Property laws. You do not have the right to copy and use SAPO's distinctive features, functionality, or branding.

16. Limitation of Liability

16.1 The Parties agree that, in the event of a breach of any of the provisions of this Agreement, the defaulting Party shall be liable to the other Party for all Losses which constitute direct and/or general damages.

16.2 Except in cases of gross negligence or willful misconduct, the Parties agree that the defaulting Party shall not be liable for any Losses which constitute indirect, special, and/or consequential damages.

16.3 Notwithstanding the above, the Customer agrees that it shall be liable to SAPO for:

16.3.1 Losses which constitute indirect, special, and/or consequential damages where such damages are caused by a breach of any Intellectual Property and/or Confidential Information undertaking;

16.3.2 All Losses which arise out of the Customer's Corrupt Activity or fraud;

16.3.3 All Losses which arise out of the Customer's dishonesty or gross negligence.

16.3.4 IN NO EVENT WILL SAPO, ITS STAKEHOLDERS, EMPLOYEES, SUPPLIERS, SERVICE PROVIDERS, OR OTHER RELATED PARTIES BE HELD LIABLE FOR ANY CLAIMS RELATING TO THE SYSTEM OR ANY SERVICES OFFERED BY SAPO. WE WILL NOT BE HELD LIABLE FOR PUNITIVE, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES, LOSSES OR OTHER SUCH CLAIMS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SAPO HAS RECEIVED PRIOR WARNING.

17. Confidentiality and Security

17.1 Each Party undertakes to keep all Confidential Information of the other Party strictly confidential and not to disclose it to any third party without prior written consent, except as expressly permitted or required by law.

17.2 Each Party shall implement appropriate technical and organisational measures to protect Confidential Information, including encryption, secure access controls, and regular security audits.

17.3 The obligations of confidentiality shall survive the termination of the Agreement for a period of 5 (five) years.

18. Country of Domicile

18.1 This website is governed by the laws of South Africa, and SAPO chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, to be its Head Office situated at: 497 Sophie de Bruyn Street, Pretoria.

19. Termination

19.1 We reserve the right to immediately suspend or terminate your account without any warning if you violate any of these Conditions.

20. Changes to these Conditions

20.1 SAPO may, in its sole discretion, change this agreement or any part thereof at any time without notice. The most up-to-date version will be available on our website. We advise you to check this regularly.

21. User Rights

21.1 Users have the right to access their personal data as provided under POPIA, to request correction of inaccurate data, and to lodge complaints with the Information Regulator regarding any breach of their data protection rights.

21.2 Users may also terminate their use of the System at any time, subject to any outstanding obligations under these Conditions.

22. Dispute Resolution

22.1 Any disputes arising from or related to these Conditions shall first be resolved through amicable negotiations between the Parties. If such negotiations fail, the dispute shall be referred to arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA), with the seat of arbitration being Pretoria.

23. Legal Terms

23.1 These Conditions will be governed by the laws of the Republic of South Africa.

24. Disclosures in terms of Section 43 of the ECT Act

24.1 Access to the services, content, software, and downloads available from the Website may be classified as “electronic transactions” as defined in terms of ECTA, and you therefore may have the rights detailed in ECTA. Accordingly, we provide the following information:

24.1.1 Full name and legal status of website owner: South African Post Office SOC Ltd, Registration Number: 1991/005477/30

24.1.2 Postal Address: PO Box 10 000, Pretoria, 0001

24.1.3 Physical address for receipt of legal process: 497 Sophie de Bruyn Street, Pretoria

24.1.4 Office telephone and customer support number: 012 407 7000

24.1.5 Main business: The South African Post Office, a state-owned enterprise, is a government service delivery channel providing access to government services, enabling secure digital and physical transactional services to all.

24.1.6 Website address: https://www.saporeg.co.za

24.1.7 Business Rescue Practitioners: Messrs. Anoosh Rooplal; Juanito Damons

24.1.8 Access to and use of the website is provided free of charge. Use of the System is billed on a pro rata basis.

24.1.9 Users may lodge complaints concerning the website at: https://www.saporeg.co.za.

Privacy Policy

1. Introduction

1.1 This Privacy Policy (the "Policy") outlines how the South African Post Office ("SAPO", "our", "we", or "us") collects, uses, discloses, and protects your personal information when you use our eRegistered and Confidential Mail technology and systems (the "System").

1.2 By accessing and using the System, you acknowledge and agree to the terms of this Policy. If you do not agree, you must not use the System.

1.3 We may update this Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. The latest version of the Policy will be available on our website.

2. Information We Collect

2.1 Personal Information: We may collect personal information, including but not limited to, your name, contact details, and any other information you provide while using the System.

2.2 Usage Data: We may collect data on how you use the System, including IP addresses, browser types, and operating systems.

2.3 Cookies: We use cookies and similar technologies to enhance your experience on our website and to analyse usage patterns.

3. How We Use Your Information

3.1 Service Provision: To provide, maintain, and improve the System, including processing registered communications and managing your account.

3.2 Customer Support: To respond to your inquiries, support requests, and to provide customer service.

3.3 Communication: To communicate with you about updates, changes, and other relevant information concerning the System.

3.4 Compliance: To comply with legal obligations, including enforcing our terms and conditions and protecting against fraud and other illegal activities.

4. Data Protection and Security

4.1 Data Processing Principles: SAPO is committed to processing personal information lawfully, fairly, and transparently. We collect personal information for specified, legitimate purposes and ensure it is adequate, relevant, and not excessive.

4.2 Security Measures: We implement appropriate technical and organisational measures to protect your personal information against unauthorized access, disclosure, or loss. This includes encryption, secure access controls, and regular security audits.

4.3 Data Retention: We keep personal information only for as long as necessary to fulfill the purposes for which it was collected or as required by law.

5. Sharing and Disclosure

5.1 Third-Party Service Providers: We may share your personal information with third-party service providers who assist us in operating the System, provided they comply with our data protection requirements.

5.2 Legal Obligations: We may disclose your personal information if required by law or to protect our rights, property, or safety, or that of our users or others.

5.3 Business Transfers: In the event of a merger, acquisition, or other corporate reorganisation, your personal information may be transferred to another entity.

6. User Rights

6.1 Access and Correction: You have the right to access your personal data and request correction of any inaccurate or incomplete information.

6.2 Complaints: If you believe your data protection rights under the Protection of Personal Information Act (POPIA) have been violated, you may lodge a complaint with the Information Regulator.

6.3 Account Termination: You may terminate your use of the System at any time, subject to any outstanding obligations.

7. Confidentiality and Security

7.1 Confidentiality: We take reasonable steps to keep your personal information confidential and only disclose it as permitted by this Policy or required by law.

7.2 Security Measures: We employ technical and organisational measures to protect your personal information against unauthorized access, use, or disclosure.

8. Changes to this Policy

8.1 Policy Updates: We reserve the right to update this Policy periodically. Any changes will be posted on our website, and the updated Policy will become effective immediately upon posting.

9. Contact Us

9.1 Inquiries: For any questions or concerns about this Policy or our data practices, please contact us by completing the contact us form on our website: https://saporeg.co.za/contact.

10. Governing Law

10.1 Applicable Law: This Policy is governed by the laws of South Africa. Any disputes arising under this Policy shall be subject to the dispute resolution process as outlined in our terms and conditions.