Terms of Service

1. Introduction

Welcome to Freight Explorer ("Freight Explorer", "we", "us" or "our").

These Terms of Service ("Terms") govern your access to and use of the Freight Explorer website, online customs-clearing software, freight-related digital tools, integrations, documentation services and related offerings (collectively, the "Services").

Freight Explorer provides cloud-based software designed to support freight and customs administration, including import and export declarations, road manifests, air waybills and related documentation.

By accessing our website, registering an account, purchasing a subscription or using our Services, you agree to these Terms. If you do not agree, you must not use the Services.

If you use the Services on behalf of a company or organisation, you confirm that you are authorised to accept these Terms on its behalf.

2. Definitions

• Account: A registered account used to access the Services.
• Client: An individual, business or organisation using the Services.
• Client Data: Information, documents, declarations, invoices and shipment details submitted to or processed through the Services.
• Services: Our website, software, digital tools, integrations, support and related offerings.
• Third-Party Services: Systems, platforms or applications operated by parties other than Freight Explorer.
• User: Any individual accessing or using the Services.

3. Eligibility and Account Registration

You may need to register an Account to access certain features. You agree to provide accurate, complete and current information.

• Keep your account details accurate and up to date.
• Keep your login credentials confidential.
• Restrict account access to authorised personnel.
• Notify us promptly of suspected unauthorised access.
• Do not impersonate another person or misrepresent your authority.

We may refuse, suspend or restrict registration where reasonably necessary for security, legal compliance, fraud prevention or enforcement of these Terms.

4. Description of the Services

Depending on the package, subscription or service agreement, Freight Explorer may provide:

• Import declaration preparation and processing.
• Export declaration preparation and processing.
• Road manifest generation.
• Air waybill documentation.
• Product and tariff-code information management.
• Invoice imports and document processing.
• Electronic Data Interchange (EDI) functionality and integrations.
• Document storage, reporting and shipment information access.
• Multi-branch access and technical support.

Available functionality depends on the applicable package, permissions, integrations and service arrangements.

Unless expressly agreed in writing, access to our software does not mean that Freight Explorer acts as the carrier, freight forwarder, customs broker, importer of record, exporter of record, insurer or legal representative for a particular shipment.

5. Acceptable Use

You must use the Services lawfully and responsibly.

You must not:

• Use the Services to commit fraud or violate applicable law.
• Submit false, misleading or unauthorised information.
• Access accounts, systems or data without permission.
• Bypass security measures or access restrictions.
• Introduce malware or other harmful code.
• Disrupt the operation, availability or security of the Services.
• Reverse engineer the software except where applicable law permits it.
• Copy, resell or commercially exploit the Services without permission.
• Infringe the intellectual property, privacy or other rights of others.

We may investigate suspected misuse and take reasonable steps to protect our systems, business, Clients and users.

6. Client Responsibilities and Data Accuracy

You are responsible for the accuracy, completeness and legality of Client Data you submit, upload, generate or authorise for processing.

You must ensure, as applicable, that:

• Importer, exporter, consignee and consignor details are correct.
• Invoices, packing lists, tariff classifications, customs values, quantities and country-of-origin details are accurate.
• Required permits, licences, supporting documents and authorisations are obtained.
• Declarations and documents are reviewed by appropriately qualified or authorised personnel.
• You have permission to submit personal and confidential business information.

You remain responsible for reviewing documents and declarations before submission or reliance. Automated checks do not guarantee that information is complete, legally correct or acceptable to a customs authority.

You must promptly correct errors you identify and notify us where an error affects an already processed document, declaration or transaction.

7. Customs and Regulatory Compliance

You are responsible for complying with laws and regulatory requirements applicable to your activities, including South African customs and excise legislation, requirements administered by the South African Revenue Service (SARS), foreign customs laws, import and export controls, sanctions and trade restrictions.

Unless expressly agreed in a separate written service agreement, we do not guarantee legal compliance, customs clearance, release of goods or acceptance of any declaration by a regulatory authority.

Customs decisions, inspections, assessments, duties, taxes, permits and release procedures remain subject to the relevant authorities and applicable law.

You should obtain independent professional advice where required.

8. Fees, Subscriptions and Payments

Certain Services may require subscription fees, usage-based charges, setup fees or other payments. Applicable charges, billing arrangements and payment due dates will be stated in the relevant package, quotation, invoice or written agreement.

• Fees are payable according to the applicable invoice or subscription terms.
• You must provide accurate billing information.
• Usage-based charges may vary according to actual usage.
• Third-party fees, customs duties, taxes and transport costs may be payable separately.
• You must notify us promptly of genuine billing disputes.

We may suspend access to paid Services for overdue, undisputed amounts after providing any notice required by law or your applicable agreement.

Refunds, credits, cancellations and subscription changes are governed by the applicable agreement and mandatory consumer-protection requirements.

9. Availability, Maintenance and Support

We aim to provide reliable access to the Services, but uninterrupted or error-free access cannot be guaranteed.

Interruptions may arise from maintenance, updates, connectivity problems, cybersecurity incidents, power failures, third-party outages, regulatory changes or circumstances beyond our reasonable control.

Support hours, response times and service levels are governed by the applicable support package or written agreement. Unless expressly agreed in a service-level agreement, availability and response targets are not guaranteed service levels.

10. Third-Party Services and Integrations

The Services may depend on third-party systems, including customs platforms, communication services, hosting providers and external applications.

These services may be subject to separate terms, technical requirements and availability limitations. We are not responsible for third-party failures to the extent permitted by applicable law and the relevant agreement.

You remain responsible for checking relevant submission acknowledgements, responses, statuses and transaction records.

11. Data Protection and Confidentiality

We process personal information in accordance with applicable data-protection laws, including the Protection of Personal Information Act 4 of 2013 (POPIA), where applicable.

Our Privacy Policy explains how personal information is collected, used, stored, disclosed and protected. It should be read together with these Terms.

You authorise us to process Client Data as reasonably necessary to provide, maintain, secure and support the Services and comply with our legal and contractual obligations.

You must have a lawful basis for submitting personal information belonging to employees, customers, suppliers or other individuals.

Each party must take reasonable measures to protect the other party's confidential information and use it only for legitimate purposes connected with the Services, unless disclosure is authorised or required by law.

Where required, the parties will enter into appropriate data-processing and information-security arrangements.

12. Intellectual Property

Rights in the Freight Explorer name, branding, software, website design, source code, documentation and proprietary materials remain with Freight Explorer or its licensors, unless otherwise agreed in writing.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable and revocable right to use the Services for authorised internal business purposes during the applicable service period.

You retain your rights in Client Data that you own or are authorised to use. You grant us the limited rights needed to host, process, transmit and back up that data to provide the Services and fulfil our obligations.

You may not reproduce, modify, distribute, sublicense or commercially exploit our intellectual property without prior written permission, except as permitted by law.

13. Data Storage, Backups and Retention

We take reasonable measures appropriate to the Services to protect stored information and maintain operational resilience. However, electronic storage and transmission cannot be guaranteed to be completely secure or immune from data loss.

You should retain copies of important commercial records and supporting documents and comply with your own recordkeeping obligations.

Data retention, export, deletion and recovery arrangements depend on your subscription, applicable law and any separate written agreement.

14. Disclaimers and Limitations of Reliance

The Services are intended to assist with freight administration, customs documentation and related business processes.

To the extent permitted by applicable law, we do not warrant that:

• Every feature will operate without interruption or error.
• Third-party information will always be accurate or current.
• Automated checks will identify every error or compliance issue.
• A declaration will be accepted by SARS or another authority.
• Goods will be cleared, released or delivered by a particular date.
• The Services will meet every business-specific requirement unless agreed in writing.

Information supplied through the website or software is not a substitute for professional legal, tax, customs or trade advice.

Nothing in these Terms excludes a warranty, right or remedy that cannot lawfully be excluded.

15. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable for indirect or consequential losses, including loss of anticipated profits, business opportunities, goodwill or revenue, where those losses may lawfully be excluded.

Liability for direct losses arising from the Services will be determined by the circumstances of the claim, applicable law and any valid limitation expressly agreed in writing.

Any monetary liability cap or special allocation of responsibility for data loss, customs penalties, software errors or third-party services should be expressly agreed in writing where appropriate.

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct or any other liability that cannot lawfully be excluded or limited.

If you believe that a loss was caused by an error, interruption or failure in the Services, notify us promptly and provide reasonable supporting information so that we can investigate.

16. Indemnity

To the extent permitted by applicable law, you are responsible for losses, claims, liabilities and reasonable costs arising from your unlawful use of the Services, your material breach of these Terms, or Client Data that you knowingly submit unlawfully or without the necessary authorisation.

You are not responsible under this clause for losses to the extent caused by Freight Explorer's own breach of contract, unlawful conduct or other liability that cannot lawfully be transferred to you.

17. Suspension and Termination

You may stop using the Services at any time, subject to outstanding payment obligations, applicable notice periods and minimum subscription commitments.

We may suspend or terminate access where reasonably necessary if:

• You materially breach these Terms and fail to remedy the breach after notice, where it can be remedied.
• Your use creates a material security, legal or operational risk.
• You fail to pay undisputed amounts when due, subject to applicable notice requirements.
• We are required to act by law or a competent authority.
• The relevant service is discontinued in accordance with the applicable agreement.

We may act without advance notice where immediately necessary to address a serious security threat, suspected fraud or legal requirement, to the extent reasonably necessary.

Following termination, data export, retention and deletion will be handled in accordance with the applicable agreement, Privacy Policy and applicable law.

18. Changes to the Services or These Terms

We may update these Terms to reflect changes in our Services, operational practices, legal requirements or business arrangements.

We will take reasonable steps to communicate material changes where required by law or the applicable agreement. Changes take effect on the stated effective date, subject to any applicable notice or consent requirements.

Where a change materially affects an existing contractual commitment, the applicable agreement and mandatory law determine whether additional notice, consent or termination rights apply.

19. Force Majeure

Neither party is responsible for delay or failure to perform an obligation to the extent caused by circumstances beyond its reasonable control, including natural disasters, epidemics, war, civil unrest, government action, changes in law, widespread telecommunications or power failures, or major third-party infrastructure outages.

The affected party must take reasonable steps to reduce the impact and resume performance as soon as reasonably practicable.

This clause does not excuse payment obligations that have already accrued or limit rights that cannot lawfully be excluded.

20. Dispute Resolution

If a dispute arises, the parties should first attempt to resolve it through good-faith discussions between their authorised representatives.

If the dispute cannot be resolved informally, either party may pursue remedies available under applicable law or refer the dispute to another process agreed in writing.

Nothing in this clause prevents either party from seeking urgent interim relief from a competent court or exercising a statutory right that cannot lawfully be restricted.

21. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa.

Subject to mandatory consumer-protection rules and any valid dispute-resolution agreement, the parties submit to the jurisdiction of the competent courts of South Africa.

Nothing in these Terms removes a right that a consumer or other protected person has under applicable law.

22. Consumer Rights

Where the Consumer Protection Act 68 of 2008 or other mandatory consumer-protection legislation applies, these Terms must be interpreted consistently with that legislation.

Nothing in these Terms is intended to waive or exclude a statutory right, remedy or protection that cannot lawfully be waived or excluded.

Certain provisions may apply differently to business-to- business transactions, depending on the parties, transaction and applicable legislation.

23. Notices and Contact Details

Questions, complaints or notices concerning these Terms may be directed to Freight Explorer using the contact details published on our website.

Notices required to be delivered in a particular form under a separate service agreement must comply with that agreement.

24. General Provisions

Entire agreement: These Terms, together with any applicable quotation, subscription terms, service-level agreement, data-processing agreement and other written service agreement, govern the relevant Services. In the event of a conflict, the applicable written agreement prevails to the extent of the conflict.

Severability: If any provision is found to be unlawful, invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law.

No waiver: A failure or delay in exercising a right does not constitute a waiver of that right.

Assignment: You may not transfer your rights or obligations under these Terms without our prior written consent, except where prohibited by law. We may transfer our rights and obligations as part of a lawful business reorganisation or transfer, subject to applicable law and contractual protections.

Independent relationship: These Terms do not create a partnership, joint venture, employment relationship or agency relationship unless expressly agreed in writing.

No third-party rights: Unless expressly stated or required by law, these Terms do not grant enforcement rights to third parties.

25. Acceptance

By registering for, accessing or using the Freight Explorer Services, you acknowledge that you have read and understood these Terms and agree to the provisions applicable to your use of the Services.

If you do not accept these Terms, you must refrain from using the Services.

End of Terms of Service