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​TFR Disclaimer

            
 

1. Introduction

1. Any reference to "Transnet Freight Rail" on this website, means Transnet Limited trading as Transnet Freight Rail.

2. These terms and conditions are applicable to the use of this website only. The contractual terms and conditions applicable to carriage by Transnet Freight Rail are set out in a document called the "Standard Conditions of Carriage for Transnet Limited trading as Transnet Freight Rail", which is contained elsewhere on this website.

3. By using this website, you, as the user, agree to be bound by these terms and conditions. Transnet Freight Rail reserves the right to revise these terms and conditions at any time, without notice, and you hereby agree to be bound by such changes.

4. Any permission granted by Transnet Freight Rail in terms of any of these terms and conditions may be terminated at any time without cause.

5. The information presented on these pages may not be applicable to your particular commercial situation. Applying this information out of context may cause you to incur liability. Transnet Freight Rail shall not be responsible for any such liability incurred by you.

6. Unauthorized attempts to modify any information stored on this website, to defeat or circumvent security features, or to utilise this website for purposes other than its intended purposes are prohibited and may result in criminal prosecution.

7. The use of any information on this website creates no legal obligation, affiliation or association with Transnet Freight Rail or with third parties arising as a consequence of using information provided by this service.

8. The section headings used herein are for convenience only and shall not be given any legal import.

2. Use

1. Transnet Freight Rail hereby grants permission to any person to view the website, and copy, print and use any documents (such as white papers, press releases, datasheets, etc.) and images presented on the website, subject to the following conditions:

i. The documents and images may be used solely for information and non-commercial purposes only and will not be copied or posted on any network computer or broadcast in any media.

ii. Copying for sale or public distribution of any material on this website is strictly prohibited.

iii. No modifications of any documents are made.

iv. The documents and images may be used solely for individual purposes and may not be used to commercialise any products or services other than Transnet Freight Rail products and services.

v. Commercial use of this website is strictly limited to use for electronic commerce with Transnet Freight Rail.

vi. Any use of Transnet Freight Rail documents, text or images must be accompanied by the following: "image/information owned by Transnet Freight Rail." Any copy or printout of any document or image or portion thereof must include paragraphs (a)i to vi above and ALL of the text contained in paragraph 7 of these terms and conditions under the heading " COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS".

2. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

3. Legal Disclaimer

Transnet Freight Rail makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, Transnet Freight Rail disclaims all warranties.

1. Transnet Freight Rail, its directors and employees, accept no liability (including any liability in negligence), and take no responsibility for any loss or damage which a user of this website, or any other third party may suffer or incur as a result of reliance on material found on this website, and in particular for:

i. any errors, omissions or inaccuracy in information or data on this website,

ii. any incompleteness in the information or data on this site or

iii. any interpretations or opinions stated in, or which may be inferred from information on this site.

2. Users expressly agree that use of the site is at their sole risk. Neither Transnet Freight Rail, nor any of its employees, agents, third party content providers or licensers warrant that the site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy or reliability of any information, service or merchandise provided through the site.

3. Users also assume the entire risk for any actions carried out based upon the use of this website.

4. Accordingly, all Transnet Freight Rail and third party information ( i.e.. the contents of this publication in its entirety) is provided "AS IS", without warranty of any kind.

5. In no event shall Transnet Freight Rail be liable for any damages whatsoever, including any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of this site, whether for breach of contract, delictual liability (including strict liability), negligence, or under any other cause of action. The user specifically acknowledges that Transnet Freight Rail is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the user.

6. Transnet Freight Rail shall not be liable for special, indirect , consequential, or incidental damages, or damages for lost profits, loss of revenue, loss of data or loss of use, arising out of or related to any Transnet Freight Rail website or the information contained in it, whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise.

4. License Disclaimer

Nothing on this Transnet Freight Rail website shall be construed as conferring any license under any of Transnet Freight Rail's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.

5. Hyperlinks Disclaimer

1. Any reference obtained via this website to a specific commercial or non-commercial product, process, or service does not constitute or imply an endorsement by Transnet Freight Rail of the product, process, or service, or its producer or provider.

2. The views and opinions expressed in any referenced document or any website linked to this website do not necessarily state or reflect those of Transnet Freight Rail.

6. Disclaimer of Endorsement

  1. Any reference obtained via this website to a specific commercial or non-commercial product, process, or service does not constitute or imply an endorsement by Transnet Freight Rail of the product, process, or service, or its producer or provider.
  2.  The views and opinions expressed in any referenced document or any website linked to this website do not necessarily state or reflect those of Transnet Freight Rail.

7.Copyright, trademarks and other intellectual property rights

  1. Transnet Freight Rail prohibits the use of the Transnet Freight Rail name and/or logo as a "hot" or "hyper" link to any other website unless the establishment of such a link is approved by Transnet Freight Rail in writing.
  2. The Transnet Freight Rail name and logo are registered trademarks of the company, protected by South African and international trade mark laws and all other intellectual property laws.
  3.  All content included on this site, such as text, graphics, logos, button icons, images, audio clips, software and information, is the property of Transnet Freight Rail or its content suppliers and protected by South African and international copyright law and all other intellectual property laws.
  4. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of Transnet Freight Rail and protected by South African and international copyright law and all other intellectual property laws.
  5.  All software used on this site is the property of Transnet Freight Rail or its software suppliers and protected by South African and international copyright law and all other intellectual property laws.
  6.  The content and software on this site may be used for information purposes or to facilitate electronic commerce. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display or performance in any form, of the content on this site without written permission from Transnet Freight Rail, is strictly prohibited.
  7. Note that any product, processes or service referred to on this website may be subject to other copyright, patent, trade mark or other intellectual property laws and may incorporate proprietary notices and copyright information relating to that product, process or service.
  8. Transnet Freight Rail shall not incur, and does not accept any liability whatsoever, arising from infringement of copyright, trade mark, patent or other intellectual property laws relating to such products, processes or services.
  9. You may not, without express permission from Transnet Freight Rail, take the rates, tariffs from this website and reformat and display them on any other website. You also may not mirror the Transnet Freight Rail home page or results pages on your website.

8. Feedback Information

1. Except for commercially sensitive information arising from the commercial use of this website as a medium to facilitate electronic commerce, any information provided to Transnet Freight Rail in connection with this website shall be provided by the submitter and received by Transnet Freight Rail on a non-confidential basis. Transnet Freight Rail shall be free to use such information on an unrestricted basis.

2. Should any viewer of a Transnet Freight Rail published document respond with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such Transnet Freight Rail document, such information shall be deemed to be non-confidential and Transnet Freight Rail shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.

9. Change of Information on website

  1. The information contained in this website is correct at the time of publishing, but is subject to constant change without notice, including being continually updated, revised, removed, or any other possibilities.
  2.  Any Transnet Freight Rail document or image, may include inaccuracies or typographical errors. Transnet Freight Rail expressly reserves the right to make changes to these documents and images at any time.
  3. Transnet Freight Rail has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance or such changes, modifications, additions or deletions.

10. Monitoring

Transnet Freight Rail shall maintain the right, but not the obligation, to monitor the content of the site (including chat rooms and bulletin boards), to determine compliance with these conditions of use and any operating rules established by Transnet Freight Rail and to satisfy any law, regulation or authorized government request. Transnet Freight Rail shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, Transnet Freight Rail shall have the right to remove any material that Transnet Freight Rail, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

11. Indemnification

The user agrees to defend, indemnify and hold harmless Transnet Freight Rail and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of their use of the site.

12. Entire Agreement

These terms and conditions of use constitute the entire agreement between the parties with respect to the use of this website and supersedes all previous written or oral agreements between the parties with respect to the use of this website.

13. No Waiver

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

14. Applicable Law

This site is created, controlled and owned by Transnet Freight Rail in the Republic of South Africa. As such, the laws of the Republic of South Africa will govern these terms and conditions, without giving effect to any principles of conflicts of laws.

Privacy Statement

Public users

We make no effort to identify public users of our site. No identifying data of public users is disclosed to any third party for any purpose. Data that we collect is used only for server administration and research on site usage.

As is the norm, we log requests to our server, which includes the IP address, the location on the web the request originates from (referrer) and the type of browser (user agent). This information cannot be used to identify a visitor. It is occasionally used to identify pages most visited on this website and the types of browsers used by visitors.

We do not use technologies such as cookies to collect or maintain any information on public visitors.

Transnet Freight Rail owns and retains all rights to non-personal statistical information it collects and compiles from this website.

Feedback and enquiries from users

Transnet Freight Rail will take all reasonable steps to protect the personal information of it's website's users. Personal information shall be defined as described in the Promotion of Access to Information Act 2 of 2000.

 

Transnet Freight Rail collects, stores and uses the following personal information about users who send an enquiry from this website:

1. Name and surname,

2. Email address,

3. Optional telehone numbers and

4. Message from user.

 

This information is primarily used to communicate with a user who requests it. The information is retained indefinitely and is also used to research user needs for the website. None of this information is disclosed to or shared with any third party.

 

Authenticated users

Existing customers may be given access to applications on this website. Their interaction with the site is authenticated and we can therefore identify them and their actions.

We use this information for application and server administration. Personal information collected and stored about these users is not disclosed to or shared with any third party.

Any identifying personal information collected and stored by Transnet Freight Rail, shall only be disclosed to a third party with either the user's consent or through due legal process

 

Transnet Freight Rail Standard Conditions of Carriage

There are special Service Conditions for the packing, loading, acceptance, transport and delivery of dangerous goods and/or, hazardous goods, explosives, perishable goods and abnormal loads carried in rail wagons or freight containers.

 

Transnet Freight Rail must be told in advance if a Consignor wishes it to carry any of these items in order that the special Service Conditions can be complied with..

Please take special note of clause 24, 25 & 26 which relates to exclusion of liability, optional insurance and provides that insurance claims must be lodged within 180 days.

 

Transnet Freight Rail Standard Conditions of Carriage 2012-2013 (ver.9)

as a PDF Document for view or download to print. (effective from 1 April 2012)

Transnet Freight Rail Standard Conditions of Carriage 2011-2012 (ver.8.1)

as a PDF Document for view or download to print. (effective from 1 April 2011)

Transnet Freight Rail Standard Conditions of Carriage 2010-2011 (ver.5.0)

as a PDF Document for view or download to print. (effective from 1 April 2010) expiry date 31 March 2011

Transnet Freight Rail Standard Conditions of Carriage 2009-2010 (ver.4.1)

as a PDF Document for view or download to print. (effective from 1 April 2009)

Transnet Freight Rail Standard Conditions of Carriage 2008-2009

as a PDF Document for view or download to print. (expiry date 31 March 2009)

Transnet Freight Rail Standard Conditions of Carriage 2007 (ver.3.0)

as a PDF Document for view or download to print. (expiry date 31 March 2008)