Effective date: [Effective Date] ·
Last updated: [Last Updated Date]
These Terms of Service ("Terms") govern access to and use of the payment processing and
logistics platform (the "Platform") operated by parceladvance
("we", "us", "our"). By creating an account, accessing, or using the Platform, you ("Customer",
"you") agree to be bound by these Terms. If you do not agree, do not use the Platform.
1. Acceptance of terms
These Terms form a binding agreement between you and parceladvance.
They incorporate by reference our Privacy Policy and any
order forms, API terms, or service-level agreements ("SLAs") entered into with us.
We may update these Terms as described in Section 16; continued use after changes take
effect constitutes acceptance of the revised Terms.
2. Eligibility & account registration
You must be a legally formed business entity (or an authorized representative of one) capable of entering into binding contracts.
You must provide accurate, current registration, identity, and business information, and keep it up to date.
You are responsible for maintaining the confidentiality of account credentials and API keys, and for all activity under your account.
We may decline to open, or may suspend, an account pending identity or business verification.
3. Description of services
The Platform enables customers to process payments (including collecting, holding, and
disbursing funds), and to create, track, and manage shipments through a network of
carriers and logistics partners. Specific features, integrations, and service levels
may vary by plan and are described in your order form, account dashboard, or API
documentation.
4. Payment processing terms
We (or our banking and payment partners) act as a payment facilitator/processor for transactions initiated through the Platform.
Funds may be held, reserved, or delayed for risk, fraud-review, chargeback, or regulatory purposes.
You are responsible for the accuracy of payment instructions and for resolving disputes with your own customers or counterparties.
Chargebacks, reversals, and refunds may be debited from your account balance or linked bank account.
We may set or adjust transaction limits, reserves, or holds based on risk assessment.
5. Logistics & shipping terms
Shipments are fulfilled by independent carriers and logistics partners; we facilitate matching, tracking, and documentation but are not the carrier unless expressly stated.
You are responsible for accurately describing shipment contents, weight, dimensions, and value, and for complying with applicable customs, safety, and transport regulations.
Delivery times, routes, and carrier availability are estimates and not guaranteed unless covered by a separate SLA.
Claims for lost, damaged, or delayed shipments must be submitted within the timeframe specified in your account terms or the applicable carrier's policy.
6. Fees, taxes & billing
Fees for payment processing, logistics services, and any subscription or usage-based
charges are set out in your order form, pricing page, or account dashboard. Fees are
exclusive of applicable taxes unless stated otherwise; you are responsible for any taxes
arising from your use of the Platform other than taxes on our net income. We may change
fees prospectively with notice as described in your order form or these Terms.
7. Compliance, & sanctions
You agree to provide documentation reasonably requested for identity verification, anti-money-laundering (AML), and counter-terrorist-financing (CTF) checks.
You represent that you are not located in, or owned/controlled by persons in, a country or region subject to comprehensive sanctions, and are not listed on any applicable sanctions or watchlist.
We may report suspicious activity to regulators or law enforcement as required by law.
8. Prohibited uses
You agree not to use the Platform to:
Process payments for illegal goods or services, or engage in money laundering or terrorist financing.
Ship prohibited, hazardous, or restricted items without required permits and disclosures.
Circumvent fraud, risk, or verification controls.
Infringe intellectual property or violate the rights of any third party.
Interfere with or disrupt the integrity or performance of the Platform, including through unauthorized access, scraping, or reverse engineering.
9. Intellectual property
We retain all rights, title, and interest in the Platform, including software, APIs,
trademarks, and documentation. Subject to these Terms, we grant you a limited,
non-exclusive, non-transferable license to access and use the Platform for your internal
business purposes. You retain ownership of data and content you submit ("Customer Data"),
and grant us a license to use it as needed to provide the services.
10. Data & privacy
Our collection and use of personal information is described in our
Privacy Policy. Where we process personal data on your behalf
as a processor/service provider, the terms of any applicable Data Processing Agreement
("DPA") govern that processing.
11. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE
UNINTERRUPTED, ERROR-FREE, OR THAT CARRIERS WILL MEET DELIVERY ESTIMATES.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR
GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM. OUR AGGREGATE LIABILITY FOR ANY CLAIM
ARISING OUT OF THESE TERMS WILL NOT EXCEED THE FEES PAID BY YOU TO US IN THE
[e.g., 12 months] PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Note: liability caps and carve-outs (e.g., for fraud, willful misconduct, or payment
obligations) vary significantly by jurisdiction and business model — have counsel tailor
this section, especially given the funds-handling nature of this platform.
13. Indemnification
You agree to indemnify and hold us harmless from claims, damages, and expenses
(including reasonable legal fees) arising from your breach of these Terms, misuse of the
Platform, violation of law, or the shipment content or payment instructions you submit.
14. Suspension & termination
We may suspend or terminate your access for breach of these Terms, suspected fraud, legal or regulatory requirements, or risk concerns, with notice where reasonably practicable.
You may terminate your account as described in your order form or account settings.
Upon termination, outstanding fees remain payable, and provisions that by their nature should survive (e.g., liability, indemnification, dispute resolution) will survive.
15. Dispute resolution & governing law
These Terms are governed by the laws of South Africa,
without regard to conflict-of-laws principles. Disputes will be resolved in the courts of
South Africa, or via arbitration if specified in your order form.
If you intend to include an arbitration clause or class-action waiver, this needs specific,
jurisdiction-compliant drafting — these provisions are heavily regulated and often
unenforceable if drafted incorrectly.
16. General provisions
Changes to Terms: we may modify these Terms; material changes will be notified via the Platform or email, with an updated "Last updated" date.
Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure: neither party is liable for delays caused by events beyond reasonable control.
Severability: if any provision is found unenforceable, the remaining provisions remain in effect.
Entire agreement: these Terms, together with referenced policies and order forms, constitute the entire agreement between the parties.
17. Contact us
parceladvance
Attn: Legal Department
Email: legal@parceladvance.com
Address: Po Box 225 Johannesburg 200