ECTA Terms & Conditions

By accessing, registering for, or utilizing any services provided by the CargoXchangeSA platform, you hereby acknowledge that you have read, understood, and agree to be legally bound by the terms and provisions set forth in this agreement. Your continued use of the platform constitutes an unconditional acceptance of these terms. If you do not agree to be bound by these terms, you are explicitly prohibited from accessing or using the platform's services. The contracting legal party is DAVIDSOLOMON (Pty) Ltd.

In accordance with Chapter III, Part 1 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), CargoXchangeSA acknowledges and ensures that data messages are legally recognised as valid forms of information. This includes all electronic communications, records, and transactions processed through our platform.

Your use of digital 'Accept', 'Award', 'Book', or 'Sign' actions on the CargoXchangeSA platform constitutes a legally valid and binding advanced electronic signature in terms of ECTA Part 3. These digital materializations meet all legal requirements for a signature under South African law, thereby forming enforceable contracts directly between transacting parties. CargoXchangeSA acts solely as a marketplace facilitator, and the contract of carriage is formed directly between the Shipper and Carrier (Transporter) nodes.

CargoXchangeSA employs robust technological and procedural measures to ensure the originality and integrity of all data messages. Electronic records of transactions, communications, and contractual agreements are maintained in a manner that reliably demonstrates their completeness and unaltered state since their creation. These records are accessible for subsequent reference by all involved parties and regulatory bodies.

All electronic records pertaining to transactions and user interactions on CargoXchangeSA are retained for periods mandated by South African law, including but not limited to financial and tax regulations. These records are stored in a secure and accessible format, ensuring compliance with ECTA Chapter III, Part 2 requirements for the retention of data messages.

A data message is deemed to be originated by a person if it was sent by that person or by a person acting on behalf of that person. CargoXchangeSA implements secure user authentication and activity logging to ensure proper attribution of all data messages and actions undertaken on the platform, providing a verifiable audit trail.

The dispatch of a data message occurs when it enters an information system outside the control of the originator. The receipt of a data message occurs when the data message enters the information system designated by the addressee. For legal certainty, the time and place of dispatch and receipt of data messages on the CargoXchangeSA platform are recorded and governed by the relevant provisions of ECTA.

While CargoXchangeSA operates as a facilitator, we are committed to upholding the principles of consumer protection as outlined in ECTA. In instances of disputes arising from electronic transactions facilitated by the platform, CargoXchangeSA will provide mediation assistance based on the verifiable electronic records and the agreed-upon terms between the transacting parties, ensuring a fair and transparent resolution process.

CargoXchangeSA explicitly operates as a technology platform and marketplace facilitator. We are not a party to the direct contract of carriage between shippers and carriers (transporters). Our liability is strictly limited to the facilitation services provided. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF DAVIDSOLOMON (Pty) Ltd EXCEED THE VALUE OF THE SUCCESS FEE ACTUALLY COLLECTED BY THE PLATFORM FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM.