Terms and Conditions – ColdChainSA.com

Effective Date: November 19, 2024
Last Updated: November 19, 2024

1. Introduction & Acceptance

Welcome to ColdChainSA.com (“ColdChainSA,” “we,” “our,” or “us”). By accessing or using this website, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, please discontinue use immediately.

These Terms constitute a legally binding agreement between you and The Frozen Food Courier (Pty) Ltd, operating as ColdChainSA.

Governing Law: South African law
Jurisdiction: South African courts

2. Definitions

• “Directory”: The business listing database and associated content on ColdChainSA.com
• “User”: Any person or entity accessing the website
• “Listed Business”: A business with a profile in the Directory
• “Listing Owner”: The person or entity authorized to manage a business listing
• “Content”: All text, images, data, and materials on the website
• “Services”: Directory listings, articles, resources, and related features

3. Directory Purpose & Scope

3.1 What We Provide

ColdChainSA is an informational directory for South Africa’s cold chain logistics industry. We provide:

• Business contact information and service descriptions
• Industry resources and educational content
• Search and filtering tools to find service providers

3.2 What We Are NOT

• ❌ Not an endorsement: Listing does not imply recommendation
• ❌ Not a verification service: We do not independently verify all claims
• ❌ Not a broker or agent: We do not arrange transactions
• ❌ Not liable for business performance: Transactions are between you and listed businesses

Your responsibility: Conduct due diligence before engaging any listed business.

4. User Responsibilities & Conduct

4.1 Acceptable Use

You agree to:

• ✅ Use the Directory for lawful purposes only
• ✅ Provide accurate information if submitting listings or content
• ✅ Respect intellectual property rights
• ✅ Maintain confidentiality of account credentials (if applicable)

4.2 Prohibited Activities

You may NOT:

• ❌ Scrape or systematically extract Directory data
• ❌ Use contact information for spam or unsolicited marketing
• ❌ Submit false, misleading, or fraudulent listings
• ❌ Impersonate another business or person
• ❌ Post illegal, defamatory, or harmful content
• ❌ Interfere with website functionality or security
• ❌ Use automated tools to access the site without permission

Violation consequences: Account suspension, listing removal, legal action, and liability for damages.

5. Business Listings – General Terms

5.1 Listing Submission

By submitting a business listing, you:

• Warrant you have authority to represent the business
• Confirm all information is accurate and current
• Grant us a license to display the information (see Section 7)
• Agree to update information when it changes

5.2 Listing Accuracy & Disclaimer

We rely on information provided by businesses.

⚠️ IMPORTANT DISCLAIMERS:

• Listing information is provided by businesses or third parties
• We do not independently verify all claims (certifications, equipment, coverage areas)
• We do not guarantee accuracy, completeness, or currency of information
• Listings may contain outdated or incorrect information

Your responsibility: Verify critical information directly with businesses before making decisions.

5.3 Certifications & Compliance Claims

Many listings reference certifications (R638, ISO, GDP, SANAS). We do not verify these claims.

Recommendation: Request proof directly from the business:

• Ask for certificate copies
• Verify certificate validity with issuing bodies
• Confirm scope of certification matches your needs

5.4 Listing Modifications & Removal

We reserve the right to:

• Edit listings for clarity, formatting, or length
• Remove listings that violate these Terms
• Remove listings for non-payment (paid tiers)
• Suspend listings pending investigation of complaints

Listing Owners may:

• Update their listings at any time (via account or request)
• Request removal (subject to contract terms for paid listings)

5.5 Prohibited Listing Content

Listings may NOT contain:

• False or misleading information
• Defamatory statements about competitors
• Illegal services or products
• Inappropriate or offensive content
• Excessive promotional language or spam
• Contact information for non-existent businesses

6. Paid Listing Tiers & Payment Terms

6.1 Subscription Plans

ColdChainSA offers:

• Free Listings: Basic information (with content contribution requirement)
• Standard Listings: R250/month – Enhanced features
• Premium Listings: R750/month – Maximum visibility and features

Pricing subject to change with 30 days’ notice to existing subscribers.

6.2 Payment & Billing

• Payment Processor: PayFast (South African payment gateway)
• Billing Cycle: Monthly subscriptions, billed in advance
• Auto-Renewal: Subscriptions renew automatically unless cancelled
• Payment Methods: Credit card, debit card, instant EFT
• Currency: South African Rand (ZAR)
• VAT: Included in stated prices where applicable

6.3 Refund Policy

No refunds for partial months or early cancellation. You retain access until the end of the paid period.

Exception: If we terminate your listing for our breach of contract, you may receive a pro-rata refund.

6.4 Cancellation

You may cancel subscriptions at any time via:

• Account dashboard (if available)
• Email to info@coldchainsa.com

Effect: Listing downgraded to free tier (if eligible) or removed at end of paid period.

6.5 Non-Payment

Failure to pay results in:

• Listing downgrade or suspension
• Loss of premium features
• Account suspension

Outstanding amounts may be pursued through legal channels.

6.6 Price Changes

We may change subscription prices with 30 days’ written notice. Existing subscribers maintain current pricing until renewal after notice period.

7. Intellectual Property Rights

7.1 Our Content

All content on ColdChainSA (except user-submitted listings) is owned by The Frozen Food Courier (Pty) Ltd or licensed to us:

• Website design and layout
• Logos and branding
• Articles and educational resources
• Software and code

Protected by: South African copyright law, trademark law, and international treaties.

Your license: Limited, non-exclusive, non-transferable right to view and use the website for personal or business purposes. You may NOT reproduce, distribute, or create derivative works without written permission.

7.2 User-Submitted Content (Listings)

By submitting a listing, you grant ColdChainSA:

• Non-exclusive, royalty-free, perpetual license to display, modify, and distribute the content
• Right to sublicense (e.g., partner directories, data feeds)
• Right to edit for formatting, clarity, or compliance

You retain ownership of your business information.

You warrant:

• You own or have rights to the content you submit
• Content does not infringe third-party intellectual property
• You have authority to grant this license

7.3 Trademarks

Business names, logos, and trademarks in listings remain property of their respective owners. Inclusion in the Directory does not imply endorsement or affiliation.

7.4 Infringement Claims

If you believe content on ColdChainSA infringes your intellectual property:

Contact: info@coldchainsa.com
Include:

• Your contact information
• Description of the copyrighted work or trademark
• URL of allegedly infringing content
• Statement of good faith belief
• Statement under penalty of perjury that you’re authorized to act

We respond within 10 business days.

8. Warranties & Disclaimers

8.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY SOUTH AFRICAN LAW:

THE DIRECTORY IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, either express or implied, including but not limited to:

• Accuracy, completeness, or reliability of information
• Fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted or error-free operation
• Security of data transmission

8.2 No Professional Advice

Content on ColdChainSA is for informational purposes only. It is NOT:

• Legal advice
• Financial advice
• Technical consulting
• Professional certification

Always consult qualified professionals for specific advice.

8.3 Third-Party Links

We link to external websites (listed businesses, industry resources). We do NOT:

• Control or endorse third-party content
• Guarantee accuracy of external information
• Accept liability for third-party sites

Use at your own risk.

9. Limitation of Liability

9.1 Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or data
• Business interruption
• Reputational harm

Even if advised of the possibility of such damages.

9.2 Direct Damages Cap

Our total liability for any claim arising from your use of ColdChainSA shall not exceed the greater of:

1. Amount paid by you in the 12 months prior to the claim, OR
2. R1,000 (One Thousand Rand)

9.3 Exclusions

This limitation does NOT apply to:

• Gross negligence or willful misconduct by ColdChainSA
• Liability that cannot be excluded under South African law (e.g., Consumer Protection Act rights)
• Death or personal injury caused by our negligence

9.4 Business Disputes

Disputes between users and listed businesses are NOT our responsibility. We are not party to transactions arranged through the Directory.

You agree to indemnify ColdChainSA against claims arising from your dealings with listed businesses.

10. Indemnification

You agree to indemnify and hold harmless The Frozen Food Courier (Pty) Ltd, its affiliates, and personnel from:

• Claims arising from your use of the Directory
• Your violation of these Terms
• Your infringement of third-party rights
• Content you submit to the Directory
• Your dealings with listed businesses

This includes: Legal fees, damages, and costs.

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of South Africa, without regard to conflict of law principles.

11.2 Jurisdiction

You submit to the exclusive jurisdiction of the South African courts for any disputes.

11.3 Negotiation First

Before litigation, parties agree to negotiate in good faith for 30 days.

11.4 Legal Fees

Prevailing party in any legal action may recover reasonable attorney fees and costs.

12. Consumer Protection Act (CPA) Rights

12.1 Your Rights

If you are a consumer (not using the Directory for business purposes), you have rights under the Consumer Protection Act, 68 of 2008, including:

• Right to fair, honest, and transparent dealing
• Right to privacy and information protection
• Right to fair and responsible marketing
• Right to fair and honest dealing

Nothing in these Terms limits your CPA rights.

12.2 Cooling-Off Period

For paid subscriptions, you have a 7-day cooling-off period from signup to cancel without penalty, provided you have not extensively used the premium features.

12.3 Complaints

Consumer complaints:
Email: info@coldchainsa.com
Subject: “Consumer Complaint”

If unresolved, contact:
National Consumer Commission
Website: www.theconsumercommission.gov.za
Toll-Free: 0860 003 600

13. Privacy & Data Protection

Your use of ColdChainSA is also governed by our Privacy Policy, which complies with the Protection of Personal Information Act (POPI Act).

Read the Privacy Policy at: [Privacy Policy]

Key points:

• We collect business and usage data
• Data used for directory services and analytics
• You have rights to access, correct, or delete your data
• Complaints to the Information Regulator

14. Changes to Terms

14.1 Modification Right

We may modify these Terms at any time to:

• Comply with legal requirements
• Reflect new features or services
• Improve clarity or accuracy

14.2 Notice of Changes

Material changes will be communicated via:

• Email to registered users (7 days’ notice)
• Prominent website notice
• Updated “Last Updated” date at top of page

14.3 Continued Use = Acceptance

Continued use after changes constitutes acceptance of new Terms. If you disagree, discontinue use and cancel any subscriptions.

15. Termination

15.1 Your Right to Terminate

You may stop using ColdChainSA at any time. Cancel paid subscriptions via account dashboard or email.

15.2 Our Right to Terminate

We may suspend or terminate your access if:

• You violate these Terms
• You engage in fraudulent activity
• Required by law or legal process
• We discontinue the service (with 30 days’ notice for paid subscribers)

15.3 Effect of Termination

Upon termination:

• Access to premium features ceases immediately
• Listings may be removed or downgraded
• Outstanding payments remain due
• Provisions surviving termination remain in effect (indemnification, liability limitations, dispute resolution)

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ColdChainSA regarding use of the Directory.

16.2 Severability

If any provision is found unenforceable, the remaining provisions continue in full force.

16.3 Waiver

Failure to enforce any right does not constitute waiver of that right.

16.4 Assignment

You may not assign your rights or obligations. We may assign to affiliates or successors without notice.

16.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond reasonable control (natural disasters, war, internet outages, government actions).

16.6 No Agency

Nothing in these Terms creates a partnership, joint venture, or employment relationship.

16.7 Electronic Communications

You consent to receive communications electronically. Electronic records satisfy legal writing requirements.

17. Contact Information

17.1 Questions About Terms

Email: info@coldchainsa.com
Subject: “Terms & Conditions Inquiry”

17.2 Business Information

The Frozen Food Courier
Trading as: ColdChainSA
Email: info@coldchainsa.com
Website: https://coldchainsa.com

17.3 Listing Issues or Complaints

Email: info@coldchainsa.com
Subject: “Listing Complaint” or “Listing Correction”

We respond within 5 business days.

18. Acknowledgment

By using ColdChainSA.com, you acknowledge that:

• ✅ You have read and understood these Terms
• ✅ You agree to be bound by these Terms
• ✅ You are legally capable of entering into binding contracts
• ✅ You will comply with all applicable laws

For business listings: You confirm you have authority to submit and manage the listing on behalf of the business.

Version: 1.0
Effective Date: November 19, 2024
Review Date: November 19, 2025

These Terms and Conditions are designed to comply with South African law, including the Consumer Protection Act, Electronic Communications and Transactions Act, and common law principles. For legal advice specific to your situation, consult a qualified attorney.

19. Special Provisions for Content Contributors

19.1 Article Submission Terms (Free Listings)

If you maintain a free listing by contributing monthly articles:

Your Obligations:

• Submit one industry-relevant article per month (minimum 800 words)
• Ensure content is original and not published elsewhere
• Provide accurate, non-misleading information
• Include proper attributions and citations where needed

Our Rights:

• Edit articles for length, clarity, or SEO optimization
• Decline articles that don’t meet quality standards
• Request revisions before publication
• Add editorial notes or context where appropriate

Failure to Submit:

• Grace period: 10 days after due date
• After grace period: Listing paused until article submitted
• After 3 missed articles in 12 months: Listing removed

19.2 Content Quality Standards

Articles must:

• Be relevant to cold chain industry
• Provide genuine value to readers
• Not be primarily promotional (80% educational, 20% promotional maximum)
• Meet basic grammar and spelling standards
• Include sources for factual claims where appropriate

Prohibited:

• Plagiarized or AI-generated content (without disclosure and editing)
• Misleading or false information
• Defamatory statements
• Content violating third-party rights

End of Terms and Conditions

Last Updated: November 19, 2024
Next Review: November 19, 2025