pbSecure™ Legal Notices

Terms and Conditions

pbSecure™ Website Terms and Conditions of Use

The provisions of South African law require that two different versions of the

pbSecure™ Website Terms and Conditions of Use apply.

It is your responsibility to choose the appropriate version.

1.

2.

Consumer Protection Applies

No Consumer Protection Applies

for

Natural persons (human beings)

and

Juristic persons (bodies corporate, partnerships, associations or trusts)

with an asset value or annual turnover, at the time of the transaction, under two million (R2m) South African Rand (the current threshold).

for

Juristic persons (bodies corporate, partnerships, associations or trusts)

with an asset value or annual turnover, at the time of the transaction, equal to or more than two million (R2m) South African Rand (the current threshold).

 

Applicability

Pitney Bowes SA (Pty) Limited (Pitney Bowes) is a privately held company incorporated in and subject to the laws of South Africa. Pitney Bowes provides software, hardware and services that integrate physical and digital communications channels.

These Pitney Bowes pbSecure™ Website Terms and Conditions of Use have legal force and effect in terms of the Electronic Communications and Transactions Act, 25 of 2002, and apply to the invitation to do business in relation to goods and services on the Pitney Bowes pbSecure™ Website.

As a South African company displaying goods (products) and services online through the pbSecure™ Website located at http://www.pbsecure.co.za, Pitney Bowes must comply with the following consumer protection legislation when displaying or advertising goods and services to ‘consumers’ as defined in the following legislation:

- The Electronic Communications and Transactions Act, 25 of 2002, with specific reference to Chapter VII ; and

- The Consumer Protection Act, 68 of 2008.

If you are a ‘consumer’ as defined in the above named legislation, the terms and conditions set out below apply to you, as the user, and to your online transactions on the Pitney Bowes pbSecure™ Website.


pbSecure™ Website Terms and Conditions of Use for Consumers

(Natural persons and juristic persons with an annual turnover of R3m or less)

PLEASE READ THIS LEGAL AGREEMENT CAREFULLY AS IT CONTAINS THE TERMS AND CONDITIONS OF USE FOR THE PITNEY BOWES pbSecure™ Website

1. Legal Statement

1.1 Pitney Bowes SA (Pty) Limited (Pitney Bowes), a privately held company incorporated in and subject to the laws of South Africa, is contracted to a third party service provider which provides access, on the basis of software as a service (SaaS), to the Pitney Bowes pbSecure™ Website located at http://www.pbsecure.co.za (pbSecure™ Website).

1.2 Pitney Bowes owns, controls and is responsible for the intellectual property and information published on the pbSecure™ Website.

2. Terms and Conditions of pbSecure™ Website Use

2.1 The User

2.1.1 As the user, your use of the online information services published on this pbSecure™ Website constitutes your acceptance of the Pitney Bowes pbSecure™ Website Terms and Conditions of Use and furthermore, governs your obligations towards Pitney Bowes in this regard.

2.2 Changes to the pbSecure™ Website Terms and Conditions of Use and Legal Notices

2.2.1 It will be necessary on occasion to amend these pbSecure™ Website Terms and Conditions and other legal notices published on the pbSecure™ Website. As the most recent Terms and Conditions and legal notices will always apply you, as the user, are advised that it is important that you review the pbSecure™ Website regularly for such amendments to appraise yourself of the amendments. By continuing to use the pbSecure™ Website after such amendments are posted you, as the user, agree to be bound by the amended Terms and Conditions and legal notices. In the event of such amendments Pitney Bowes will notify you of the amendments by posting a notice on the pbSecure™ Website homepage thirty (30) days prior to the amendments taking effect.

2.3 Limited Liability of Pitney Bowes

2.3.1 Pitney Bowes is not liable, except to the extent permitted by law, to you, as the user, for any loss of whatever nature suffered including, but not limited to, the inability to access the pbSecure™ Website, loss of use, data, profits arising out of or in connection with your access or use of this pbSecure™ Website or your use of or reliance on the information or software accessible through this pbSecure™ Website.

2.4 No Warranty or Promise

2.4.1 Pitney Bowes is committed to providing you with information that is accurate, up to date and that complies with your rights as a consumer. Due to the nature of the technologies involved and, because of our business relationships with third parties, we cannot warrant that this will always be the case. Nor can Pitney Bowes promise that the goods and services will always be available or meet your requirements. If you are in any doubt as to the accuracy of information or have questions about the goods or services please call our Customer Support Line on 0860 55 55 51.

2.5 Indemnification of Pitney Bowes

2.5.1 . In the event of any third party making any claim against Pitney Bowes for any losses arising from or in connection with your use of the pbSecure™ Website, whether such losses result from breach of contract, negligence or any other cause, without limitation you, the user, hereby indemnify Pitney Bowes against any such claim, unless it is finally determined that the loss or damage was caused by fraud or intentional misconduct on the part of Pitney Bowes or any of our employees arising out of your use of this pbSecure™ Website.

2.6 Your pbSecure™ Website Account with Pitney Bowes

2.6.1 To utilise the functionality on the pbSecure™ Website you may have to register as a user and log into the pbSecure™ Website or part of the pbSecure™ Website. To register you, as the user, may have to provide us with personal information to assist Pitney Bowes in verifying your identity to facilitate the administration of the pbSecure™ Website services. Pitney Bowes will treat your personal information in accordance with the Pitney Bowes Privacy Notice published on the pbSecure™ Website. Pitney Bowes reserves the right, at its discretion, to terminate your account and, or, to prohibit your further use of the pbSecure™ Website. You too have the right to terminate or cease to use your account with Pitney Bowes.

2.7 Unauthorised Use

2.7.1 You, as the user, are permitted to use the pbSecure™ Website for lawful purposes only. You must not use this pbSecure™ Website or the services in any manner that could reasonably be expected to cause damage, disable, overburden or interfere with other parties’ productive and useful enjoyment of the pbSecure™ Website and its services. You, as the user, must not attempt to gain unauthorised access to its services, accounts, computer hardware, computer software, systems and connected networks without authorisation. Neither may you collect or use personal information of other users or customers of Pitney Bowes for the purpose of transmitting or facilitating the transmission of unsolicited commercial communications (‘spam’).

2.8 Waiver

2.8.1 Pitney Bowes’ failure to exercise or enforce any one of Pitney Bowes’ rights under these terms and conditions will not constitute a waiver of such right or rights, unless such waiver is granted to you by Pitney Bowes, in writing, reduced to paper and signed manually. Further to the above Pitney Bowes’ failure to exercise or enforce the Terms and Conditions and legal notices published on the pbSecure™ Website will not constitute a waiver of such right or rights, unless such waiver is granted to you by Pitney Bowes, in writing, reduced to paper and signed manually.

2.9 External Links

2.9.1 Pitney Bowes may provide links to external websites that cause you to leave this pbSecure™ Website. Any link used on this site is provided for the use and convenience to you, as the user, and does not constitute an endorsement, recommendation or certification by Pitney Bowes of the external link. Likewise, the presence of links should not in any way be construed as a suggestion that the external link has any relationship with Pitney Bowes. Pitney Bowes is not responsible for the content or practices of such website accessed from the pbSecure™ Website through these external links.

2.10 Links to Pitney the Bowes pbSecure™ Website

2.10.1 Should an external party wish to link to the Pitney Bowes pbSecure™ Website, please email admin@pitneybowes.co.za to enquire about Pitney Bowes’ requirements in this regard. No external links to Pitney Bowes are authorised or permitted unless a formal linking agreement has been entered into between Pitney Bowes and the external party.

2.11 Territorial Coverage Limited to South Africa Only

2.11.1 The pbSecure™ Website provides data listings of a wide range of Pitney Bowes products and therefore may contain references or cross-references to particular products and services not readily available in South Africa. Such references do not imply that Pitney Bowes intends to market such products or services in South Africa. Actions resulting from a search of these data listings must result in you, as the user, choosing products and services only made available in South Africa. In particular, Pitney Bowes makes no claim as to the accuracy of product information on this pbSecure™ Website available to other countries outside South Africa.

2.11.2 . Pitney Bowes is committed to providing accurate, up to date information and the availability of products and services. Despite this, it may happen that products are not available, in which case you may:

2.11.2.1 Request replacement of unavailable products with products materially equivalent to the unavailable products; or

2.11.2.2 Cancel your order and receive a full refund.

2.12 Copyright

2.12.1 All material on this pbSecure™ Website is protected by copyright under the law of South Africa and through international treaties with other countries. Unless otherwise indicated, we reserve all copyright in the content and design of this pbSecure™ Website. We own all such copyright and use it under licence or applicable law. You may make a temporary copy of part or all of the pbSecure™ Website on your local computer for the sole purpose of viewing it. You may print a single hard copy of a whole page for personal use, provided that any such copyright notice on the page is not removed and the material is appropriately attributed to Pitney Bowes. You may not, in any form or by any means:

2.12.1.1 Otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create, derivative works of any part of the content or design of this pbSecure™ Website;

2.12.1.2 Cause any of the material to be framed or embedded in another website; or

2.12.1.3 Commercialise any information, products or services on this pbSecure™ Website except with our prior written consent or as permitted by applicable copyright law.

2.13 Trade Marks

2.13.1 Pitney Bowes and the names of Pitney Bowes’ products and services referenced on this pbSecure™ Website are the trade marks or registered trade marks of Pitney Bowes Inc. (a Delaware Corporation) or, a Pitney Bowes Group company. Any unauthorised use of these trade marks is strictly forbidden.

2.13.2 Other company names and the names of their products and services referenced on this pbSecure™ Website are the trade marks or registered trade marks of the respective companies. Unauthorised use of these trade marks is strictly forbidden.

2.14 Records

2.14.1 Pitney Bowes keep a record of your communications and purchase data for reporting and accounting purposes and in compliance with legal retention requirements. This data may also be used for general communications and for marketing products and services to you by Pitney Bowes, its subsidiaries and affiliates. At no time will your credit card details be released to any third party.

2.14.2 Pitney Bowes keep these communications, purchase data and other consumer records for five (5) years or longer as required by law.

2.14.3 As Pitney Bowes is subject to the provisions of the Consumer Protection Act, 68 of 2008, and the Promotion of Access to Information Act, 70 of 2002, please contact our Customer Support Line on 0860 55 55 51 in the event that you require records of your communications and purchase data.

2.15 Marketing

2.15.1 Information provided by you, as the user, or obtained through other sources may be used for marketing the goods and services of Pitney Bowes, its subsidiaries and affiliates to you. If you do not wish to receive marketing information, you may:

2.15.1.1 Email admin@pitneybowes.co.za;

2.15.1.2 Call our Customer Support Line on 0860 55 55 51;

2.15.1.3 Choose not to authorise us to contact you at all by informing us directly or through registering a pre-emptive block with a recognised entity; and

2.15.1.4 ‘Opt out’ of continued contact having previously given us consent.

2.15.2 Wherever relevant, Pitney Bowes will provide clear choices in relation to your marketing preferences.

2.16 Whole Agreement

2.16.1 These terms and conditions constitute the entire agreement between Pitney Bowes and you, as the user, relating to the transactions and matters recorded herein. No warranties, representations or other terms and conditions of whatsoever nature not expressly recorded herein shall be of any force or effect.

2.17 Applicable Law

2.17.1 This agreement shall be governed by and construed in accordance with the law of South Africa.

3. Terms and Conditions of Electronic Transactions (Agreements)

3.1 Application

3.1.1 These terms and conditions apply to electronic transactions concluded by you, as the user, on the pbSecure™ Website.

3.2 Validity of Electronic Transactions (Agreements)

3.2.1 A valid electronic transaction (agreement) is concluded on:

3.2.1.1 An online order form being completed by you, as the user, and successfully transmitted to Pitney Bowes; and

3.2.1.2 An order confirmation being sent by Pitney Bowes to you, as the user.

3.3 Payment

3.3.1 You may effect payment in South African Rands (ZAR / R) of the amount(s) due, owing and payable via :

3.3.1.1 Bank deposit;

3.3.1.2 Electronic funds transfer (EFT);

3.3.1.3 Visa or MasterCard credit and debit cards; or

3.3.1.4 Subject to credit approval, an existing Pitney Bowes account.

3.4 Payment security

3.4.1 Pitney Bowes uses an internet payment gateway provided, by ‘MyGate’ to provide a secure environment for the authorisation of credit card transactions on the pbSecure™ Website. Confidential information including, but not limited to your credit card details, are encrypted the moment they are transmitted from your browser to the banking network using 128-bit SSL (Secure Sockets Layer) encryption technology, the de facto standard in the payment card industry. Your credit card details are not stored on the pbSecure™ Website and the only organisation that has access to this data is Pitney Bowes’ Bank, First National Bank, a division of FirstRand Bank Ltd., registration number 1929/001226/06. The Bank also sends confirmation of the transaction via 128-bit SSL encryption back to your browser. You, as the user, agree to defend, indemnify, and hold Pitney Bowes, its officers, directors and employees, harmless from and against all claims, damages, actions and liabilities arising out of any such security breaches which are attributable to you, as the user.

3.5 Cancellation by Pitney Bowes

3.5.1 Pitney Bowes reserves the right to cancel your transaction after giving you fourteen (14) days notice in writing, reduced to paper and signed manually. Pitney Bowes will refund you the amount already paid, subject to the terms and conditions set out in 3.8 below.

3.5.2 You, as the user, agree to allow Pitney Bowes a right to cancel your order as provided in 3.5 above.

3.6 Cancellation by You

3.6.1 You are entitled, in terms of the Electronic Communications and Transactions Act, 25 of 2002, to cancel your transaction within seven (7) days of the date of receipt of the goods or in respect of services, within seven (7) days after the date of the conclusion of the transaction without reason or penalty. Certain exclusions may apply in terms of this Act.

3.6.2 You are entitled, in terms of the Consumer Protection Act, 68 of 2008, to cancel the transaction, within five (5) days of the date of receipt of the goods or in respect of services, within five (5) days after the date of the conclusion of the transaction, without reason or penalty, if the transaction results from any direct approach to you by Pitney Bowes.

3.6.2.1 For purposes of cancellation provided for in 3.6.1 and 3.6.2 above, written notice must be provided to Pitney Bowes, reduced to paper and signed manually.

3.6.3 In the event that you wish to cancel an order for any reason, please contact Pitney Bowes on 0860 55 55 51 or by email admin@pitneybowes.co.za for discussion of the cancellation sought.

3.7 Refunds

3.7.1 You are entitled, to a full refund of your payment if payment has been made prior to cancellation by Pitney Bowes in terms of 3.5, or prior to you exercising your right to cancel the transaction in terms of 3.6. The refund will be made within thirty (30) days of the cancellation.

3.8 Cost of Returning Goods

3.8.1 If you, as the user, cancel a transaction, you will be liable for the direct cost of returning the goods.

4. Product and Pricing Information on the pbSecure™ Website

4.1 Pricing

4.1.1 Subject to 4.3 and 4.4 below, Pitney Bowes undertakes to take all reasonable steps to ensure that the pbSecure™ Website accurately displays the correct pricing and other charges payable. This will include, but will not be limited, to surcharges, delivery charges, VAT and import.

4.2 High Value Goods and Goods Subject to Licence and Configuration

4.2.1 Certain products displayed on the pbSecure™ Website may be of high value, and / or require configuration and / or licensing. These items cannot be purchased through the pbSecure™ Website. Please contact us on 0860 55 55 51 or leon@pitneybowes.co.za for further information and assistance.

4.3 Product Availability

4.3.1 Pitney Bowes undertakes to take all reasonable steps to ensure that the pbSecure™ Website accurately displays the product availability, models and specifications of goods advertised for sale.

4.4 Discrepancies

4.4.1 Notwithstanding 4.1 and 4.3 above, discrepancies may arise for reasons beyond the control of Pitney Bowes:

4.4.1.1 Discrepancies in pricing published and invoiced may arise from, for example, changes in supplier prices, and fluctuating exchange rates; and

4.4.1.2 Discrepancies in product descriptions and availability may arise from, for example, model changes and supplier product availability.

4.5 Your responsibility

4.5.1 It is your responsibility to verify your purchase prior to payment and you, as the user, agree that Pitney Bowes shall not be liable to you for any discrepancies in pricing and variation in the description of goods as contemplated in 4.1 and 4.3 above.

4.5.1.1 To assist you in this verification process, the Pitney Bowes pbSecure™ Website allows you to browse, choose, review and withdraw from any proposed transaction, prior to the order being placed.

4.6 Unavailable Goods

4.6.1 Where a transaction is concluded by you in respect of goods that are unavailable you, as the user, and / or Pitney Bowes shall be entitled to:

4.6.1.1 Cancel the transaction in accordance with 3.5 and 3.6 above. You shall be entitled to a refund in accordance with 6 below; or

4.6.1.2 Agree to the substitution of the unavailable goods with goods of substantially similar specification, purpose and price.

5. Deliveries

5.1 South Africa

5.1.1 Pitney Bowes delivers goods only in South Africa.

5.2 Delivery Times

5.2.1 Pitney Bowes will take all reasonable steps to ensure your goods are delivered to you as soon as possible. Please allow for fourteen (14) business days from receipt of order confirmation for delivery.

5.3 Late delivery

5.3.1 You, as the user, agree to indemnify Pitney Bowes and hold Pitney Bowes, its officers, directors, employees, partners, suppliers, agents and licensors harmless from and against all claims, damages, actions, liabilities, loss of profits of whatsoever nature and howsoever arising, arising out of late delivery that has occurred due to reasons that are beyond the control of Pitney Bowes.

6. Refund Procedure

6.1 Procedure

6.1.1 In the event that you require or are entitled to a refund the following procedure must be followed:

6.1.1.1 You must obtain a Returned Merchandise Authorisation (RMA) number from Pitney Bowes;

6.1.1.2 The RMA number can be obtained by application via email sent to admin@pitneybowes.co.za or alternatively, by telephoning +27 (0)11 516 9400;

6.1.1.3 The RMA number must be clearly displayed and securely affixed to the outside of the returned package. Should the RMA number not be clearly visible on the package, Pitney Bowes will not accept the package;

6.1.1.4 All packages must be returned to Pitney Bowes’ offices at Unit 9, Kyalami Crescent, Kyalami Boulevard, Kyalami Business Park, Kyalami 1684 in accordance with 7.3 below;

6.1.1.5 You are liable for the insurance of the package during transfer to Pitney Bowes’ offices. In the event that the package is damaged or lost in transit Pitney Bowes will not be held liable; and

6.1.1.6 Refunds will not be granted on electronic versions of software packages. It is your responsibility to ensure that you purchase the right application and version, as well as supply the correct license registration information. In the event that the incorrect licence registration information is supplied, you will be liable for surcharges pertaining to a change request handling fee or a letter of destruction request to Pitney Bowes or the Pitney Bowes’ supplier.

7. Damaged and Defective Goods

7.1 Inspection

7.1.1 You agree to inspect and ensure that all goods received by you are not damaged and are in good working order on the date of receipt of the goods.

7.2 Notification

7.2.1 In the event that you are supplied with damaged or defective goods, you must notify Pitney Bowes within two (2) days of receipt of the goods.

7.2.1.1 Notification must occur via email sent to admin@pitneybowes.co.za or alternatively, by telephoning +27 (0)11 516 9400.

7.3 Return

7.3.1 Pitney Bowes will arrange for the collection of all authorised returns within fourteen (14) business days from issuing a RMA.

7.4 Confirmation

7.4.1 On receipt of returned goods by Pitney Bowes, Pitney Bowes shall examine the goods and provide you with confirmation as to whether the goods are damaged or defective.

7.5 Refund

7.5.1 You may request a refund from Pitney Bowes in accordance with the procedures specified in 6 above or request replacement as provided for in 7.6 below.

7.6 Replacement

7.6.1 You may request replacement goods materially equivalent in monetary value, use and specification to the damaged or defective goods. The replacement goods will be delivered to you at Pitney Bowes’ cost.

8. Product Warranties and Guarantees

8.1 Hardware

8.1.1 All hardware goods which you purchase from Pitney Bowes are serviced and supported exclusively by the manufacturer or approved dealer. The manufacturer's terms, conditions and warranties packaged with each respective type of its goods are legally binding on you. You, as the user, agree to hold Pitney Bowes, its officers, directors, employees, agents, licensors and suppliers, harmless from and against all claims, damages, actions and liabilities arising from your loss of profit, direct, indirect, incidental, special, consequential or punitive damages arising out of and / or in connection with disputes governed by the manufacturer's terms and conditions.

8.2 Software

8.2.1 Unless otherwise specified, all software which you purchase from Pitney Bowes does not have any form of warranty or guarantee from either the manufacturer or from Pitney Bowes.

8.2.2 Reconditioned Goods

8.2.3 In the event that Pitney Bowes advertises reconditioned goods, we will bring this to your attention with clear notices on the pbSecure™ Website. Certain of our goods, including, but not limited to, reconditioned printer cartridges are advertised on this basis.

9. Good quality and Safety

9.1 Pitney Bowes displays and advertises only the highest quality goods and services through its pbSecure™ Website. If you are concerned about inferior or defective goods or the safety of such goods, please follow the complaints process in 14 below.

10. Term of Agreements

10.1 In the case of agreements for the supply of goods and services to be performed on an ongoing basis or recurrently, the maximum term of the agreement will be 24 months. Thereafter you may:

10.1.1 Cancel the agreement by giving Pitney Bowes twenty (20) business days written notice; or

10.1.2 Failure to provide written notice of cancellation in terms of 10.1.1 above shall be deemed to have granted Pitney Bowes the authority to extend the fixed term agreement on a month-to-month basis.

11. Interception, Monitoring and Access to Information

11.1 Interception and Monitoring

11.1.1 Subject to the Provisions of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002, you grant to Pitney Bowes the express right to intercept, block, filter, monitor, read and disclose all communications sent over the telecommunications system as part of the Pitney Bowes’ pbSecure™ Website service.

12. Access to Information

12.1 Subject to the provisions of the Electronic Communications and Transactions Act, 25 of 2002, you, as the user, grant Pitney Bowes the express right to access static data created, received, communicated and stored by Pitney Bowes as part of the pbSecure™ Website service.

13. Privacy

13.1 Pitney Bowes undertakes to balance its rights and obligations in respect of monitoring and securing the pbSecure™ Website and its related activities with your right to privacy in accordance with the pbSecure™ Website Privacy Notice published on the pbSecure™ Website.

14. Complaints

14.1 You, as the user, agree that, in the event of a dispute or alleged breach of the terms hereof, you will work together with Pitney Bowes in good faith to resolve the matter internally by escalating it to higher levels of management prior to resorting to the formal complaints process of the National Consumer Commission or other regulators. In the event that you wish to by-pass this internal dispute resolution process, please follow the formal complaints process in 14.1.2 below.

14.1.1 To escalate a complaint within Pitney Bowes, please do the following:

14.1.1.1 Contact the Pitney Bowes dedicated Consumer Protection Officer. Details are provided below:

Pitney Bowes Consumer Protection Officer(s)

Name

Bonny Henning

Chantell Harris

Phone Number

+27 (0)11 516 9400

Facsimile Number

+27 (0)11 466 2678

Email Address

bonnyh@pitneybowes.co.za

chantellh@pitneybowes.co.za

14.1.2 In the event that the internal complaints process is unsatisfactory, please do the following:

14.1.2.1 Contact the Department of Trade and Industry, the National Consumer Tribunal or the National Consumer Commission. Details are provided below:

Department of Trade and Industry (DTI) - Complaints

Consumer helpline via the DTI customer contact centre

0861 843 384

The DTI office of Consumer Protection (OCP)

+27(0)12 3941436 / 1558 / 1076

The DTI email address

contactus@thedti.gov.za

The DTI website address

http://www.thedti.gov.za

National Consumer Tribunal (NCT) - Complaints

The NCT phone number

+27 (0)12 663 5615

The NCT email address

Registry@thenct.org.za

The NCT website

http://www.thenct.org.za/

National Consumer Commission (NCC) - Complaints

The NCC phone number

0860 266 786

The NCC fax number

0861 515 259

15. Skill, Diligence and Care

15.1 Pitney Bowes will exercise reasonable skill, care and diligence as may reasonably be expected from a similar pbSecure™ Website provider in making the pbSecure™ Website services available as contemplated herein.

16. Compliance with Section 43 of the Electronic Communications and Transactions Act, 25 of 2002 – Information to be Provided

16.1 The table below contains the information required in terms of section 43 of the Electronic Communications and Transactions Act, 25 of 2002 (ECT).

Note: Section 42 of ECT (financial services, custom made goods etc.) is not applicable, except for software, to the goods and services displayed on the Pitney Bowes pbSecure™ Website. Software is therefore excluded from the 7 day cooling-off period.

Information to be Provided by Pitney Bowes as the Supplier of Goods or Services by way of Electronic Transaction

ECT Section Ref.

Information Required

Information Provided

43(1)a

Name

Pitney Bowes SA (Pty) Limited

43(1)a

Legal status

Privately held company

43(1)b & 43(1)g

Physical address and the address for receipt of legal service of documents

Unit 9, Kyalami Crescent,

Kyalami Boulevard

44 Kyalami Business Park

Kyalami 1684

43(1)b

Phone number

+27 (0)11 516 9400

43(1)c

Website (pbSecure™ Website) address

http://www.pitneybowes.co.za

43(1)c

E-mail address

admin@pitneybowes.co.za

43(1)d

Membership of a self regulatory or accreditation bodies

NA

43(1)d

Contact details of membership of self regulatory or accreditation bodies

NA

43(1)e

Code of conduct subscribed to

NA

43(1)e

How to access the code of conduct electronically

NA

43(1)f

Company registration number

1998/008782/07

43(1)f

Place of registration

South Africa

43(1)f

Directors and office bearers

AR Harper (UK), PJ Keddy (UK), D Denny (UK), M Springer (MD)

pbSecure™ Website Terms and Conditions of Use for Non - Consumers

(Juristic persons with an asset value or annual turnover, at the time of the transaction, equal to or more than R2m)

PLEASE READ THIS LEGAL AGREEMENT CAREFULLY AS IT CONTAINS THE TERMS AND CONDITIONS OF USE FOR THE PITNEY BOWES pbSecure™ Website

1. Legal Statement

1.1 Pitney Bowes SA (Pty) Limited (Pitney Bowes), a privately held company incorporated in and subject to the laws of South Africa, is contracted to a third party service provider which provides access, on the basis of software as a service (SaaS), to the Pitney Bowes pbSecure™ Website located at http://www.pbsecure.co.za (pbSecure™ Website).

1.2 Pitney Bowes owns, controls and is responsible for the intellectual property and information published on the pbSecure™ Website.

2. Terms and Conditions of pbSecure™ Website Use

2.1 The User

2.1.1 As the user, your use of the online information services published on this pbSecure™ Website constitutes your acceptance of the Pitney Bowes pbSecure™ Website Terms and Conditions of Use and furthermore, governs your obligations towards Pitney Bowes in this regard.

2.2 Changes to the pbSecure™ Website Terms and Conditions of Use and Legal Notices

2.2.1 Pitney Bowes reserves the right to amend these pbSecure™ Website Terms and Conditions and the legal notices published elsewhere on the pbSecure™ Website, as and when necessary, through a posting of the amendments on the pbSecure™ Website, which shall be deemed sufficient notification to you, as the user. You are advised to review the pbSecure™ Website regularly for such amendments. The amendments will be effective immediately upon publication unless otherwise stated. By continuing to use this pbSecure™ Website after such amendments are posted you, as the user, agree to be bound by the amended terms and conditions and the legal notices posted elsewhere on the pbSecure™ Website.

2.3 Limited Liability of Pitney Bowes

2.3.1 Pitney Bowes is not liable, except to the extent permitted by law to you, as the user, for any loss of whatever nature suffered including, but not limited to negligence, the inability to access the pbSecure™ Website, loss of use, data or profits arising out of or in connection with your access or use of this pbSecure™ Website or your use of or reliance on the information or software accessible through the pbSecure™ Website.

2.4 No Warranty

2.4.1 Information contained on this pbSecure™ Website is provided by Pitney Bowes and / or its partners, suppliers or agents, without a warranty of any kind, express or implied, including but not limited to implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and / or being free from errors or inaccuracies.

2.5 Indemnification of Pitney Bowes

2.5.1 You, as the user, agree to defend, indemnify, and hold Pitney Bowes, its officers, directors, employees, partners, suppliers, agents and licensors harmless, without limitation, from and against all claims, damages, actions, liabilities or loss of profits of whatsoever nature and howsoever arising whether direct, indirect, incidental, special, consequential or punitive damages arising out of your use of the pbSecure™ Website.

2.6 Your pbSecure™ Website Account with Pitney Bowes

2.6.1 To utilise the functionality on the pbSecure™ Website you may have to register as a user and log into the pbSecure™ Website or part of the pbSecure™ Website. To register you, as the user, may have to provide us with personal information to assist Pitney Bowes in verifying your identity to facilitate the administration of the pbSecure™ Website services. Pitney Bowes will treat your personal information in accordance with the Pitney Bowes Privacy Notice published on the pbSecure™ Website. Pitney Bowes reserves the right to terminate your account and, or, prohibit your further use of the pbSecure™ Website in its sole and absolute discretion, with or without notice.

2.7 Unauthorised Use

2.7.1 You, as the user, are permitted to use the pbSecure™ Website for lawful purposes only. You must not use this pbSecure™ Website or the services in any manner that could reasonably be expected to cause damage, disable, overburden or interfere with other parties’ productive and useful enjoyment of the pbSecure™ Website and its services. You, as the user, must not attempt to gain unauthorised access to its services, accounts, computer hardware, computer software, systems or connected networks without authorisation. Neither may you collect or use personal information of other users or customers of Pitney Bowes for the purpose of transmitting or facilitating the transmission of unsolicited commercial communications.

2.8 Waiver

2.8.1 Pitney Bowes’ failure to exercise or enforce any one of Pitney Bowes’ rights under these terms and conditions will not constitute a waiver of such right or rights, unless such waiver is granted to you by Pitney Bowes, in writing, reduced to paper and signed manually. Further to the above Pitney Bowes’ failure to exercise or enforce any of the legal notices published on the pbSecure™ Website will not constitute a waiver of such right or rights, unless such waiver is granted to you by Pitney Bowes, in writing, reduced to paper and signed manually.

2.9 External Links

2.9.1 Pitney Bowes may provide links to external websites that cause you to leave this pbSecure™ Website. Any link used on this site is provided for the use and convenience to you, as the user, and does not constitute an endorsement, recommendation or certification by Pitney Bowes of the external link. Likewise, the presence of links should not in any way be construed as a suggestion that the external link has a relationship with Pitney Bowes. Pitney Bowes is not responsible for the content or practices of any such website accessed from the pbSecure™ Website through these external links.

2.10 Links to the Pitney Bowes pbSecure™ Website

2.10.1 Should an external party wish to link to the Pitney Bowes pbSecure™ Website, please email admin@pitneybowes.co.za to enquire about Pitney Bowes’ requirements in this regard. No external links to Pitney Bowes are authorised or permitted unless a formal linking agreement has been entered into between Pitney Bowes and the external party.

2.11 Territorial Coverage

2.11.1 The pbSecure™ Website provides data listings of a wide range of Pitney Bowes products and may therefore contain references or cross-references to particular products and services not readily available in South Africa. Any such reference does not imply that Pitney Bowes intends to market such products or services in South Africa. Actions resulting from a search of these data listings must result in you, as the user, choosing products and services only made available in South Africa. In particular, Pitney Bowes makes no claim as to the accuracy of product information on this pbSecure™ Website available to other countries outside South Africa.

2.12 Copyright

2.12.1 All material on this pbSecure™ Website is protected by copyright under the law of South Africa and through international treaties with other countries. Unless otherwise indicated, we reserve all copyright in the content and design of this pbSecure™ Website. We own all such copyright and use it under licence or applicable law. You may make a temporary copy of part or all of the pbSecure™ Website on your local computer for the sole purpose of viewing it. You may print a single hard copy of a whole page for personal use, provided that any such copyright notice on the page is not removed and the material is appropriately attributed to Pitney Bowes. You may not, in any form or by any means:

2.12.1.1 Otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create, derivative works of any part of the content or design of this pbSecure™ Website;

2.12.1.2 Cause any of the material to be framed or embedded in another website; or

2.12.1.3 Commercialise any information, products or services on this pbSecure™ Website except with our prior written consent or as permitted by applicable copyright law.

2.13 Trade Marks

2.13.1 Pitney Bowes and the names of Pitney Bowes’ products and services referenced on this pbSecure™ Website are the trade marks or registered trade marks of Pitney Bowes Inc. (a Delaware Corporation) or, a Pitney Bowes Group company. Unauthorised use of these trade marks is strictly forbidden.

2.13.2 Other company names and the names of their products and services referenced on this pbSecure™ Website are the trade marks or registered trade marks of the respective companies. Any unauthorised use of these trade marks is strictly forbidden.

2.14 Export Services

2.14.1 Pitney Bowes does not represent that it holds the authorisation and approvals required to provide advice and services in the jurisdictions where the material on this pbSecure™ Website may be viewed or received including, in particular, software that may have restrictions on the importation or exportation from certain jurisdictions. You must ensure that your access to and use of this pbSecure™ Website is not illegal or prohibited by laws which apply to you in your location.

2.15 Records

2.15.1 Pitney Bowes keep a record of your communications and purchase data for reporting and accounting purposes and in compliance with legal retention requirements. This data may also be used for general communications and for marketing products and services to you by Pitney Bowes, its subsidiaries and affiliates. If you do not wish to receive information or communications from us, please contact us directly or exercise your option to ‘opt out’ by selecting the ‘opt out’ option which will be made available to you on all Pitney Bowes’ communications. At no time will your credit card details be released to a third party.

2.16 Severability

2.16.1 These terms and conditions constitute the entire agreement between Pitney Bowes and you, as the user, relating to the transactions and matters recorded herein. No warranties, representations or other terms and conditions of whatsoever nature, not expressly recorded herein, shall be of any force or effect.

2.17 Applicable Law

2.17.1 This agreement shall be governed by and construed in accordance with the law of South Africa.

3. Terms and Conditions of Electronic Transactions

3.1 Application

3.1.1 These terms and conditions apply to electronic transactions concluded by you, as the user, on the pbSecure™ Website.

3.2 Validity of Electronic Transaction

3.2.1 A valid electronic transaction is concluded on:

3.2.1.1 An online order form being completed by you, as the user, and successfully transmitted to Pitney Bowes; and

3.2.1.2 An order confirmation being sent by Pitney Bowes to you, the user.

3.3 Payment

3.3.1 You may effect payment in South African Rands (ZAR / R) of the amount(s) due, owing and payable to Pitney Bowes via:

3.3.1.1 Bank deposit;

3.3.1.2 Electronic funds transfer (EFT);

3.3.1.3 Visa or MasterCard credit and debit cards; or

3.3.1.4 Subject to credit approval, an existing Pitney Bowes account.

3.4 Payment Security

3.4.1 Pitney Bowes uses an internet payment gateway provided by ‘MyGate’ to provide a secure environment for the authorisation of credit card transactions on the pbSecure™ Website. Confidential information including, but not limited to your credit card details, are encrypted the moment they are transmitted from your browser to the banking network using 128-bit SSL (Secure Sockets Layer) encryption technology, the de facto standard in the payment card industry. Your credit card details are not stored on the pbSecure™ Website and the only organisation that has access to this data is Pitney Bowes’ Bank, First National Bank, a division of FirstRand Bank Ltd., registration number 1929/001226/06. The Bank also sends confirmation of the transaction via 128-bit SSL encryption back to your browser. You, as the user, agree to defend, indemnify, and hold Pitney Bowes, its officers, directors, employees, partners, suppliers, agents and licensors harmless, without limitation, from and against all claims, damages, actions, liabilities or loss of profits of whatsoever nature and howsoever arising out of any such security breaches which are attributable to you, third parties or the payment gateway provided by ‘MyGate’.

3.5 Cancellation

3.5.1 Pitney Bowes reserves the right to cancel your transaction in its sole and absolute discretion, with or without notice. You, as the user, agree to defend, indemnify, and hold Pitney Bowes, its officers, directors, employees, partners, suppliers, agents and licensors harmless, without limitation, from and against all claims, damages, actions, liabilities or loss of profits of whatsoever nature and howsoever arising, whether direct, indirect, incidental, special, consequential or punitive damages arising out of such cancellation.

3.5.2 In the event that you wish to cancel an order for any reason before delivery, please contact Pitney Bowes on 0860 55 55 51 or email admin@pitneybowes.co.za for discussion and approval of the cancellation sought.

3.6 Cost of Returning Goods

3.6.1 You will be liable for any costs related to return of the goods to Pitney Bowes, as well as an administrative fee of five per centum (5%) of the purchase price.

3.7 Refunds

3.7.1 If payment has been effected by you prior to cancellation you are entitled to a full refund of your payment which will be made within thirty (30) days of the cancellation.

4. Product and Pricing Information on the pbSecure™ Website

4.1 Pricing

4.1.1 Pitney Bowes undertakes to take all reasonable steps to ensure that the pbSecure™ Website accurately displays the correct pricing and other charges payable. This will include, but not be limited to, surcharges, delivery charges, VAT and import duties.

4.2 High Value Goods and Goods Subject to Licence and Configuration

4.2.1 Certain products displayed on the pbSecure™ Website may be of high value or require specific configuration or licensing. These items cannot be purchased through the pbSecure™ Website. Please contact Pitney Bowes on 0860 55 55 51 or email leon@pitneybowes.co.za for assistance with these special products.

4.3 Product Availability

4.3.1 Pitney Bowes undertakes to take all reasonable steps to ensure that the pbSecure™ Website accurately displays the product availability, models and specifications of products advertised for sale.

4.4 Discrepancies

4.4.1 Notwithstanding 4.1 and 4.3 above:

4.4.1.1 Discrepancies in pricing published and products invoiced may arise from, without limitation, changes in supplier prices and fluctuating exchange rates; and

4.4.1.2 Discrepancies in product descriptions and availability may arise from, without limitation, model changes and supplier product availability.

4.5 Your Responsibility

4.5.1 It is your responsibility to verify your purchase prior to payment and you agree that Pitney Bowes shall not be liable to you for any such discrepancies in pricing and variation in the descriptions of goods as contemplated in 4.1 and 4.3 above, subject to 4.6 below.

4.6 Unavailability of Goods

4.6.1 Where a transaction is concluded by you in respect of goods that are unavailable either you or Pitney Bowes shall be entitled to cancel the transaction in accordance with 3.6 and 3.7 above. Furthermore, you, as the user, shall be entitled to a refund in accordance with 6 below.

5. Deliveries

5.1 South Africa

5.1.1 Pitney Bowes delivers products only in South Africa.

5.2 Delivery times

5.2.1 Pitney Bowes will take all reasonable steps to ensure your products are delivered to you as soon as possible. Please allow for fourteen (14) business days from receipt of order confirmation for delivery.

5.3 Late Delivery

5.3.1 You, as the user, agree to defend, indemnify, and hold Pitney Bowes, its officers, directors, employees, partners, suppliers, agents and licensors harmless, without limitation, from and against all claims, damages, actions, liabilities or loss of profits of whatsoever nature and howsoever arising, whether direct, indirect, incidental, special, consequential or punitive damages arising out of a late delivery that has occurred due to reasons that are beyond the control of Pitney Bowes.

6. Refund Procedure

6.1 Procedure

6.1.1 In the event that you require or are entitled to a refund the following procedure must be followed:

6.1.1.1 You must obtain a Returned Merchandise Authorisation (RMA) number from Pitney Bowes;

6.1.1.2 The RMA number can be obtained by application via email sent to admin@pitneybowes.co.za, or alternatively, by telephoning +27 (0)11 516 9400;

6.1.1.3 The RMA number must be clearly displayed and securely affixed to the outside of the returned package. Should the RMA number not be clearly visible on the package, Pitney Bowes will not accept the package;

6.1.1.4 All packages must be returned to Pitney Bowes’ offices at Unit 9, Kyalami Crescent, Kyalami Boulevard, Kyalami Business Park, Kyalami 1684 in accordance with 7.3 below;

6.1.1.5 You are liable for the insurance of the package during transfer to Pitney Bowes’ offices. In the event that the package is damaged or lost in transit Pitney Bowes will not be held liable; and

6.1.1.6 Refunds will not be granted on electronic versions of software packages. It is your responsibility to ensure that you purchase the right application and version, as well as supply the correct license registration information. In the event that the incorrect license registration information is supplied, you will be liable for surcharges pertaining to a change request handling fee or a letter of destruction request to Pitney Bowes or the Pitney Bowes’ supplier.

7. Damaged and Defective Goods

7.1 Inspection

7.1.1 You agree to inspect and ensure that all goods received by you are not damaged and are in good working order on the date of receipt of the goods.

7.2 Notification

7.2.1 In the event that you are supplied with damaged or defective goods, you must notify Pitney Bowes within two (2) days of receipt of the goods.

7.2.1.1 Notification must occur via email sent to admin@pitneybowes.co.za, or alternatively, by telephoning +27 (0)11 516 9400.

7.3 Return

7.3.1 Pitney Bowes will arrange for the collection of all authorised returns within fourteen (14) business days from issuing a RMA.

7.4 Confirmation

7.4.1 On receipt of returned goods by Pitney Bowes, Pitney Bowes shall examine the goods and provide you with confirmation as to whether the goods are damaged or defective.

7.4.2 Refund

7.4.3 You may request a refund from Pitney Bowes in accordance with the procedures specified in 6 above or request replacement as provided for in 7.4.4 below.

7.4.4 Replacement

7.4.4.1 You may request replacement goods materially equivalent in monetary value, use and specification to the damaged or defective goods. The replacement goods will be delivered to you at Pitney Bowes’ cost.

8. Product Warranties and Guarantees

8.1 Hardware

8.1.1 All hardware goods which you purchase from Pitney Bowes are serviced and supported exclusively by the manufacturer or approved dealer. The manufacturer's terms, conditions and warranties packaged with each respective type of its goods are legally binding on you. You, as the user, agree to defend, indemnify, and hold Pitney Bowes, its officers, directors, employees, partners, suppliers, agents and licensors harmless, without limitation, from and against all claims, damages, actions, liabilities or loss of profits of whatsoever nature and howsoever arising, whether direct, indirect, incidental, special, consequential or punitive damages arising out arising out of or in connection with disputes governed by the manufacturer's terms and conditions.

8.2 Software

8.2.1 Unless otherwise specified, all software which you purchase from Pitney Bowes does not have any form of warranty or guarantee from either the manufacturer or from Pitney Bowes.

9. Interception, Monitoring and Access to Information

9.1 Interception and Monitoring

9.1.1 Subject to the Provisions of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002, you grant to Pitney Bowes the express right to intercept, block, filter, monitor, read and disclose all communications sent over the telecommunications system as part of the Pitney Bowes’ pbSecure™ Website service.

9.2 Access to Information

9.2.1 Additionally, you grant Pitney Bowes the express right to access static data created, received, communicated and stored by Pitney Bowes as part of the pbSecure™ Website service, subject to the provisions of the Electronic Communications and Transactions Act, 25 of 2002.

9.3 Privacy

9.3.1 Pitney Bowes undertakes to balance its rights and obligations in respect of monitoring and securing the pbSecure™ Website and its related activities with your right to privacy in accordance with the pbSecure™ Website Privacy Notice published on the pbSecure™ Website.

10. Alternative Dispute Resolution

10.1 You agree that, in the event of a dispute or alleged breach of the terms hereof, you will work together with Pitney Bowes in good faith to resolve the matter internally by escalating it to higher levels of management prior to resorting to arbitration or legal process. This provision does not seek to limit your right to approach a competent court for relief.

11. Skill, Diligence and Care

11.1 Pitney Bowes shall exercise reasonable skill, care and diligence as may reasonably be expected from a similar pbSecure™ Website provider in making the pbSecure™ Website services available as contemplated herein.

12. Company Information

Pitney Bowes Company Information

Name

Pitney Bowes SA (Pty) Limited

Legal status

Privately held company

Physical address and the address for receipt of legal service of documents

Unit 9, Kyalami Crescent,

44 Kyalami Boulevard

Kyalami Business Park

Kyalami 1684

Phone number

+27 (0)11 516 9400

Website (pbSecure™ Website) address

http://www.pitneybowes.co.za

Email address

admin@pitneybowes.co.za

Company registration number

1998/008782/07

Place of registration

South Africa

Directors and office bearers

AR Harper (UK), PJ Keddy (UK), D Denny (UK), M Springer (MD)

Access to Information Manual
Access to Information Manual

Pitney Bowes SA (Pty) Limited

Access to Information Manual

Published in terms of section 51 of the

Promotion of Access to Information Act, 2 of 2000


Contents

1 Overview and Introduction.

1.1 The Promotion of Access to Information Act

1.2 The South African Human Rights Commission.

1.3 About Pitney Bowes.

2 Pitney Bowes Access to Information Officer

3 How to Access the Pitney Bowes Access to Information Manual

4 Records held by Pitney Bowes.

4.1 Internal Records.

4.2 Human Resource Records.

4.3 Customer Records.

4.4 Other Parties and other Records.

5 Prior to Submitting a Request for Access Information.

5.1 Does the Promotion of Access to Information Act Apply.

5.2 Does the Information Requested Exist as a Record?.

5.3 Is the record in the possession or under the control of Pitney Bowes?.

5.4 Is the PAIA process necessary?.

6 How to Submit a Request for Access to Information.

7 Prescribed Fees.

7.1 On Making the Request

7.2 Consideration of the Request

7.3 Remedies.

Appendix A - Request Form for Access to Information of a Private Body.

Appendix B – Fees in Respect of Private Bodies.

1 Overview and Introduction

1.1 The Promotion of Access to Information Act

The Promotion of Access to Information Act, 2 of 2002 (PAIA), was legislated to give effect to the constitutional right of access to information held by the state and information that is held by another person. The Act facilitates access to information that is required to exercise or protect a right.

Pitney Bowes SA (Pty) Limited, as a private body defined in the Act, is bound to give effect to the purposes of this legislation and to process a request made in terms of the Act.

This information manual (Manual) provides an outline of the types of records held by Pitney Bowes and explains how a request for access to the records should be made.

1.2 The South African Human Rights Commission

The South African Human Rights Commission (SAHRC) is the national institution established to entrench constitutional democracy and appointed to administer the Act. Should you require further information please see: http://www.sahrc.org.za.

1.3 About Pitney Bowes

Pitney Bowes SA (Pty) Limited (Pitney Bowes) is a privately held company incorporated in and subject to the laws of South Africa. Pitney Bowes provides software, hardware and services that integrate physical and digital communications channels.

Company Details

Name of Private Body

Pitney Bowes SA (Pty) Limited

Company Registration Number

1998/008782/07

VAT Registration Number

4080190525

Directors

AR Harper (UK), PJ Keddy (UK), D Denny (UK), M Springer (MD)

Physical Address

Unit 9, Kyalami Crescent,

44 Kyalami Boulevard

Kyalami Business Park

Kyalami 1684

Postal Address

P O Box 13024

Kyalami 1684

Phone Number

+27 (0)11 516 9400

Facsimile Number

+27 (0)11 466 2678

2 Pitney Bowes Access to Information Officer

Pitney Bowes Access to Information Officer

Name

Jaap Nieboer

Phone Number

+27 (0) 11 516 9400

Facsimile Number

+27 (0)11 466 2678

Email Address

jaapn@pitneybowes.co.za

3 How to Access the Pitney Bowes Access to Information Manual

The Pitney Bowes Access to Information Manual is available on the company website http://www.pitneybowes.co.za and by requesting a copy from the Pitney Bowes’ Access to Information Officer. Contact details are provided above.

The Manual may also be inspected at our head office and at the SAHRC.

Requests for records held by Pitney Bowes must be made on the request form in Appendix A below.

Please note that requests for access to information require payment of the prescribed fees set out in Appendix B below.

The Manual will be updated from time to time, as required.

4 Records held by Pitney Bowes

Pitney Bowes creates and maintains records in the categories set out below. Not all of these records will be available on request. Each request will be individually assessed on a case-by-case basis in accordance with the provisions of the Act.

4.1 Internal Records

- Financial records;

- Operational records;

- Marketing records;

- Intellectual property records;

- Internal correspondence;

- Product records;

- Statutory records;

- Internal policies and procedures; and

- Records held by officials of Pitney Bowes.

4.2 Human Resource Records

Human resource records are those relating to employees and other persons that are remunerated by Pitney Bowes. This category includes staff and management, both permanent and temporary, as well as consultants and contractors:

- Personal records provided to Pitney Bowes by the categories of persons mentioned above;

- Personal records provided to Pitney Bowes by third parties;

- Employment and contractor records;

- Correspondence;

- Conditions of employment and other personnel-related contractual and quasi-legal records;

- Internal evaluation records; and

- Other internal records.

4.3 Customer Records

These include any records a customer has submitted to Pitney Bowes or a third party acting for or on behalf of Pitney Bowes.

- Credit records or other research conducted by Pitney Bowes;

- Personal and customer information collected through websites;

- Information on customer activities and preferences;

- Records a third party has submitted to Pitney Bowes either directly or indirectly; and

- Records generated by or within Pitney Bowes pertaining to customers. This may include, but not be limited to transactional records.

4.4 Other Parties and other Records

Records are kept in respect of other parties, including commercial banks, auditors, suppliers, joint venture companies and the like. In addition, such other parties may possess records, which can be said to belong to Pitney Bowes. The following records fall under this category:

- Personnel, customer, or Pitney Bowes’ records which are held by another party as opposed to being held by Pitney Bowes; and

- Records held by Pitney Bowes pertaining to other parties. This may include, but not be limited to, financial records, correspondence and contractual records.

5 Prior to Submitting a Request for Access Information

Prior to submitting a request for access to information, please consider the steps outlined below.

5.1 Does the Promotion of Access to Information Act Apply

Before you can request access to information, it must be established that PAIA applies.

Section 7 (1) of the Act states that PAIA does not apply to a record if the record is requested for the purpose of criminal or civil proceedings, requested after the commencement of such proceedings and the production of access to a record for such purposes is provided for in any other law.

If this is the case, you may need to use the rules of court and procedures for legal discovery of information in the relevant forum and proceedings you are involved in.

5.2 Does the Information Requested Exist as a Record?

The Act only applies to records that exist at the time a request for access to the record is made. The Act does not require anyone to create a record following a request. Nor can the Act be used to request reasons for decisions taken by Pitney Bowes.

5.3 Is the record in the possession or under the control of Pitney Bowes?

The Act takes into consideration the fact that records requested may no longer be in the possession of or under the control of Pitney Bowes and that they are therefore not available following a request.

If this is the case, you may need to seek access to a record from a third party that either possesses or controls it. It is also possible that the record has ceased to exist or never existed in the first place.

5.4 Is the PAIA process necessary?

Prior to making the request for access to information through the PAIA process, consider merely asking for the information.

This would require identifying the appropriate person within Pitney Bowes, who may not be the designated Access to Information Officer and simply asking for information prior to resorting to legal process.

6 How to Submit a Request for Access to Information

Please complete Appendix A of this Manual as well as referring to Appendix B, detailing the prescribed fees.

7 Prescribed Fees

The Act provides for two types of fees. These are:

- A standard request fee; and

- An access fee, which must be calculated in relation to the search, preparation, reproduction, time and postal service costs involved.

7.1 On Making the Request

The person making the request for access to information must pay the prescribed fee of R50.00 (Fifty South African Rand) before submitting a request and provide proof of payment. The proof of payment must accompany the request form for access to information.

If the search, preparation and arrangements needed to make the record available require more time than prescribed in the regulations for this purpose the Access to Information Officer will request a further payment and may withhold a record until such amount is paid.

Where access to a record has been granted the person making the request must pay an access fee for the reproduction and for the search and preparation of the record as well as for any time reasonably required in excess of the prescribed hours set out for these purposes.

A refund may be requested for deposits if access to information is denied.

7.2 Consideration of the Request

Subject to the provisions of the Act in respect of the extension of time period the request for information will be processed in thirty (30) days and you will be informed in writing whether access has been granted or denied.

The grounds for Pitney Bowes to refuse a request for information are related to the following:

- The Act provides for the mandatory protection of the privacy of a third party natural person where disclosure would be unreasonable;

- The Act provides for the mandatory protection of the commercial information of third parties where disclosure, if the record contains trade secrets, financial, commercial, scientific or technical information and the like, would be likely to cause harm to the third party or where information disclosed in confidence by a third party could result in disadvantage to third party negotiations and commercial competition.

- The Act provides for the mandatory protection, if protected in terms of an agreement, of confidential information of third parties.

- The Act provides for the mandatory protection of the safety of individuals and property.

- The Act provides for the mandatory protection of records, which would be regarded as privileged in legal proceedings.

- Pitney Bowes commercial activities, where the disclosure of such activities’ records include, but are not limited to, trade secrets, financial, commercial and technical information, are likely to cause harm to Pitney Bowes in its commercial negotiations or in the commercial marketplace.

7.3 Remedies

Pitney Bowes does not have an internal appeal process. The decision made by the Access to Information Officer is final. If your request is denied you are entitled to apply to a competent court for relief.

Appendix A - Request Form for Access to Information of a Private Body

This annexure must accompany the cover letter addressed to the Access to Information Officer.

  1. A. For the attention of:

Pitney Bowes Access to Information Officer

Name

Jaap Nieboer

Phone Number

+27 (0) 11 516 9400

Facsimile Number

+27 (0)11 466 2678

Email Address

jaapn@pitneybowes.co.za

  1. B. Particulars of the person requesting access to the record:

Person Requesting Information

First name(s)

Family name

Identity number

Proof of capacity in which the request is made (if applicable), and / or whether the request is made on behalf of another person.

Postal address

Physical address

Email address

Phone number

Facsimile number

  1. C. Particulars of person on whose behalf the request is made:

This section must only be completed if the request for information is made on behalf of another.

Request on behalf of another

First name(s)

Family name

Identity number

  1. D. Particulars of the records requested:

The Record(s)

Please provide details of the record(s) to which access is requested, including any reference numbers, dates, persons involved, which will assist in locating the record.

If more space is needed than this form provides, please attach a separate page(s) and sign all additional pages.

  1. E. Fees and exemptions

A request for access to records other than a record containing personal information about you will only be processed after the request fee has been paid. You will be notified of the amount required. The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare the record for transmission to you.

If you seek an exemption from payment of prescribed fees please provide reasons below.

Reason(s) for exemptions

Reason 1

Reason 2

  1. F. Form of the access to the record

If you suffer from a disability and / or require the record in any particular form, please provide details below and we will do our best to accommodate you.

Form of the record

Disability

Form in which the record is required

Copy of the record

Inspection of the record

The viewing of images

Copy of images

Transcription of images or sound

Conversion of written word to sound

Recorded soundtrack

Printed copy of information derived from record

Computer readable form, such as stiffy disc or compact disc

Other

Note: We have retained terminology from the Act which refers to stiffy discs and other outdated media. Please note that in all instances, this will be regarded as equivalent to versions of electronic information in any format as per the definition of ‘data’ in the Electronic Communications and Transactions Act, 25 of 2002.

  1. G. Particulars of the right to be exercised or protected

Right(s)

Please describe the right(s) you seek to exercise or protect.

If the space is insufficient please provide an extra page(s) as described above and sign it.

Please describe why or how the record that is sought will be helpful in the exercise or protection of these right(s).

  1. H. Notice of Pitney Bowes decision

You will be notified in writing as to whether your request for access to information has been approved or denied. Please confirm how you would like to receive this notification.

Notification of decision in writing

By post to postal address

By post to physical address

By email

By facsimile

Signed at ______________________ this _____, day of ______________________ 201_

Signature of person requesting information

_________________________________________________

Signature of the person on whose behalf the request is made

_________________________________________________

Internal Pitney Bowes use only

Reference number

Access to Information Officer

Request fee

Deposit fee (if applicable)

Access the (if any)

Signature of Access to Information Officer

Appendix B – Fees in Respect of Private Bodies

Item

Reference

Record Description

Fee in ZAR

1.

Regulation 9(2)(c)

Copy of the Manual - for every photocopy of an A4-size page or part thereof

1.10

2.

Regulation 11(1)

Reproduction

2(a)

For every photocopy of an A4-size page or part thereof

1.10

2(b)

For every printed copy of an A4 size page or part thereof held on a computer or in electronic or machine-readable form

0.75

2(c)

For a copy of a computer readable form on:

(i) stiffy disc

7.50

(ii) compact disc

75.00

2(d)

(i) for a transcript of visual images, for an A4 size page or part thereof

40.00

(ii) for a copy of visual images

60.00

(e)

(i) for a transcription of an audio record, for an A4 size page or part thereof

20.00

(ii) for a copy of an audio record

30.00

3.

Regulation 11(2)

The request fee payable by a person requesting information other than the person himself or herself

50.00

4.

Regulation 11(3)

The access fee payable by a person requesting information

4(1)(a)

For every photocopy of an A4 size page or part thereof

1.10

4(1)(b)

For every printed copy of an A4 size page or part thereof held on a computer or in electronic or machine-readable form

0.75

4(1)(c)

For a copy in a computer readable form on:

(i) stiffy disc

7.50

(ii) compact disc

70.00

4(1)(d)

(i) for a transcription of visual images for an A4 size page or part thereof

40.00

(ii) for a copy of visual images

60.00

4(1)(e)

(i) For a transcription of an audio record for an A4 size page or part thereof

20.00

(ii) for a copy of an audio record

30.00

4(1)(f)

To search for and prepare the records for disclosure

R30.00 per hour or part thereof (first hour excluded)

4.2

Section 54 (2) of the Act

4.2(a)

Six hours as the hours to be exceeded before a deposit is payable; and

4.2(b)

One third of the access fee is payable as a deposit by the person requesting information

4.3

Actual postage is payable when a record must be posted to a person requesting information

 

pbSecure™ Website Privacy Notice

 

1. Applicability

Pitney Bowes SA (Pty) Limited (Pitney Bowes) is a privately held company incorporated in and subject to the laws of South Africa. Pitney Bowes provides software, hardware and services that integrate physical and digital communications channels.

This Pitney Bowes pbSecure™ Website Privacy Notice has legal force and effect in terms of section 11 of the Electronic Communications and Transactions Act, 25 of 2002.

2. Purpose

Your privacy is important to Pitney Bowes. We are committed to respecting your privacy and the security and confidentiality of your personal data, communications and choices.

The purpose of this Pitney Bowes pbSecure™ Website Privacy Notice is to inform visitors to the pbSecure™ Website located at www.pbsecure.co.za about how we treat your personal information and your rights in relation to Pitney Bowes' pbSecure™ Website privacy.

3. Scope

This pbSecure™ Website Privacy Notice relates to the personal information collected electronically through the pbSecure™ Website services through email or other electronic communications arising from the pbSecure™ Website services. This includes personal information captured through the marketing of the pbSecure™ Website or hardcopy information elicited as a result of pbSecure™ Website activity.

4. The Pitney Bowes pbSecure™ Website Service

The Pitney Bowes' pbSecure™ Website is provided as a service by MakeWeb Limited (MakeWeb), a company registered in and subject to the laws of New Zealand, in terms of which MakeWeb provides access to the pbSecure™ Website through Software as a Service (SaaS).

This SaaS agreement provides that MakeWeb will comply with New Zealand's Privacy Act of 1993. Currently, South Africa has no specific privacy legislation, with the result that Pitney Bowes will comply with the privacy principles of New Zealand Privacy Act providing you, the user, a higher degree of privacy protection than currently regulated under South African law.

South Africa's Electronic Communications and Transactions Act, 25 of 2002, provides for the voluntary subscription to nine privacy principles in cases where personal information has been obtained through electronic transactions such as through the Pitney Bowes pbSecure™ Website service. Pitney Bowes voluntarily subscribes to these privacy principles.

While various parties and technologies are involved in providing the pbSecure™ Website's online presence, Pitney Bowes is the ultimate service provider, agency, processor and responsible party in relation to the use and protection of personal information.

5. Privacy Principles Subscribed to by Pitney Bowes

The twelve privacy principles articulated in New Zealand's Privacy Act of 1993 concern:

- Purpose of collection of personal information;

- Source of personal information;

- Collection of information from subject;

- Manner of collection of personal information;

- Storage and security of personal information;

- Access to personal information;

- Correction of incorrect personal information;

- Accuracy and integrity of personal information to be checked before use;

- Agency not to keep personal information for longer than necessary;

- Limits on use of personal information;

- Limits on disclosure of personal information; and

- Unique identifiers.

The nine privacy principles articulated in South Africa's Electronic Communications and Transactions Act, 25 of 2002, concern:

- Collection, collation, processing and disclosure of personal information;

- Processing limitation;

- Purpose specification;

- Further processing limitation;

- Record retention requirements;

- Limitation on disclosure;

- Third party disclosure of personal information;

- Destruction of personal information; and

- Exceptions for statistical purposes.

6. Technologies and Standards Deployed in Providing the pbSecure™ Website Service

The following technologies are deployed in providing the pbSecure™ Website service:

- Software as a service (SaaS) or software on demand, where a service provider (MakeWeb) licences an application such as web services (pbSecure™ Website), to a customer (Pitney Bowes);

- Cloud Computing, a location independent form of computing, whereby shared servers provide resources, software, and data to computers. Information exists physically and often simultaneously in multiple forms in different locations and subject to the laws of different jurisdictions;

- Secure Socket Layer (SSL), a technology configured on the pbSecure™ Website for when customers need to access or to provide personal, confidential information. SSL provides confidentiality and data integrity and protects against masquerading where payments are typically made online with the use of credit cards; and

- Payment Card Industry Data Security Standard (PCI DSS), a standard devised by the major credit card brands to limit identity theft and credit card fraud. PCI DSS applies to entities that processes, transmits, stores or accepts credit card data.

7. Security of Personal Information Collected and Processed

Putting data that may impact upon privacy rights, obligations and personal status online through the use of cloud technologies may reduce the levels of protection of personal information as well as subject the data subject to the laws of other jurisdictions. Information protection is strongest when the information remains in the possession of the data subject as owner of the information. To comply with law and in line with international standards and best practice Pitney Bowes commits itself to exercising all reasonable diligence, care and skill in processing personal information.

8. Personal Information Collected and Processed

Pitney Bowes collects the following personal information:

- Information you choose to provide during registration;

- Information you provide us with when contracting online;

- Information you provide in communications such as email and when calling our customer support line;

- Information you provide to our business partners and service providers;

- Information about you such as your demographics and lifestyle from other sources;

- Information gained from third parties such as credit bureaus for credit referencing;

- Information collected through the use of common internet technologies such as cookies and web beacons on our website and emails; and

- Two kinds of personal information are collected and processed technologically during your visit to the pbSecure™ Website. Some information is transient and stored only for the purpose of current transactions such as payments and then deleted. Some information is persistent and stored for periods beyond the current transaction such as data from multiple transactions accumulated over time and retrieved when needed to enhance your pbSecure™ Website experience and improve our service.

9. Uses and Sharing of Personal Information

Pitney Bowes uses the personal information you, as the user, provide us with in order to provide you with information about the goods we market on our pbSecure™ Website and the related services we provide such as other goods and services provided by Pitney Bowes SA (Pty) Ltd. and its subsidiaries.

Personal information provided by you, as the user, is necessary for the conclusion of the online contracts of purchase and sale, for delivery and installation and the maintenance services we provide.

Unless we have asked for and obtained your explicit consent we do not share your personal information with third party marketers.

We will use the personal information you, as the user, provide to us only for purposes consistent with the reason you provided it to us in the first place or with your further permission, for other purposes.

When we provide your personal information to other companies on a temporary basis in order for them to provide services to Pitney Bowes we require these other companies to protect your personal information in the same manner as Pitney Bowes does. These third party service providers, of which MakeWeb is one, cannot use personal information for any purpose other than the reason you provided it to Pitney Bowes.

In addition, the information you, as the user, provide us with is also used and shared with the following:

- Permanent or temporary staff and part-time contractors in the performance of their duties;

- Data collection and transfer to various parties such as contractors, sub-contractors, suppliers and partners in the sourcing, supply, sales, delivery and installation of goods and provision of services;

- Other suppliers websites to which the Pitney Bowes pbSecure™ Website may link;

- Data analysis and market research to provide a better service;

- Backup, archiving, business continuity and disaster recovery purposes;

- Information communication technology service and infrastructure providers that enable cloud technology and the free flow of information; and

- Routine and non-routine internal requests, including eDiscovery, court orders and law enforcement investigations.

10. Choices

You, as the user, have the right to make choices as to what is done with your personal information. Sometimes, your choices are made in the form of content such as online registration or opting in or opting out of receiving email or marketing material.

Once you have provided information to us and requested that we communicate with or market to you, you, as the user, may at any time thereafter choose to opt out of further contact with us.

Personal information provided by you is kept for as long as the purpose for which you furnished it to us exists or for the retention periods specified in law.

11. Access to Your Personal information

You, as the user, may access the personal information that we hold about you.

You can ask us to correct any errors or delete information we have about you.

To protect your privacy, the privacy of others and to ensure the integrity of our business information we may have to verify your identity before we allow access to or change the information that we have about you, as the user.

Access to your personal information by Pitney Bowes' staff and third parties is limited and restricted by Pitney Bowes through training, administrative, technical and physical controls.

All access to your personal information must comply with Pitney Bowes' policy relating to the protection of personal information.

12. Important Information

Pitney Bowes has information and factors that are unique to its management of personally identifiable information and the free flow of information for trade. In order to provide security for online payments Pitney Bowes uses Secure Socket Layer (SSL) technology and certain forms of encryption to protect you, as the user, and your online transactions.

Notwithstanding the above, there are implications in terms of the specific legal requirements in South Africa, New Zealand and other legal jurisdictions which may, depending upon the actual location of personal information as a result of cloud computing, be relevant or become relevant. Pitney Bowes seeks to comply with complex technical and legal issues wherever possible, but users should be aware, that international law and certain aspects of technology restrict our control.

As personal information is most safe, when under the control of its owners, you are cautioned to give careful consideration to the personal information you choose to disclose.

13. Limits on expectation of privacy

To comply with law and in line with international standards and best practice relating to the use of information technology in its business activities, Pitney Bowes monitors and intercepts live communications such as email and website activity in compliance with of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002.

Subject to the provisions of the Electronic Communications and Transactions Act, 25 of 2002, South African and international privacy principles and where necessary and if required by law, Pitney Bowes will also access static data created, received, communicated and stored by Pitney Bowes as part of the pbSecure™ Website service.

14. How to Complain

If you have a complaint, are concerned about your personal information or wish to report any malicious activity such as spamming, phishing and the like, please do the following:

- Contact our customer support centre on 0860 55 55 51; or

- Send an email to admin@pitneybowes.co.za

15. Pitney Bowes Privacy Information Officer

Pitney Bowes has appointed a dedicated Privacy Information Officer who is responsible for the processing and protection of personal information.

In providing for your privacy, Pitney Bowes uses a combination of technical, administrative and physical controls based on compliance with the law and in line with international standards and best practice.

Pitney Bowes regularly reviews and enforces its own compliance with this pbSecure™ Website Privacy Notice to ensure that our own conduct is in line with the privacy undertakings made to you.

pbSecure™ Website

Pitney Bowes Privacy Information Officer

Name

Jaap Nieboer

Phone Number

+27 (0)11 516 9416

Facsimile Number

+27 (0)11 466 2678

Email Address

jaapn@pitneybowes.co.za

16. Corporate Information and How to Contact Us

Company Details

Name of Private Body

Pitney Bowes SA (Pty) Limited

Company Registration Number

1998/008782/07

VAT Registration Number

4080190525

Directors

AR Harper (UK), PJ Keddy (UK), D Denny (UK), M Springer (MD)

Physical Address

Unit 9, Kyalami Crescent,

44 Kyalami Boulevard

Kyalami Business Park

Kyalami 1684

Postal Address

P O Box 13024

Kyalami 1684

Phone Number

+27 (0)11 516 9400

Facsimile Number

+27 (0)11 466 2678

Consumer Protection Rights Notice

1. Applicability

Pitney Bowes SA (Pty) Limited (Pitney Bowes) is a privately held company incorporated in and subject to the laws of South Africa. Pitney Bowes provides software, hardware and services that integrate physical and digital communications channels.

South African consumer protection rights arise largely from the Constitution of South Africa 1996, the Consumer Protection Act, 68 of 2008 and Chapter VII of the Electronic Communications and Transactions Act 25 of 2002.

2. Purpose

Pitney Bowes is committed to ensuring the protection of your rights as a consumer in terms of South African law.

The purpose of this Pitney Bowes pbSecure™ Website Consumer Protection Rights Notice is to inform visitors to the pbSecure™ Website located at http://www.pbsecure.co.za about how we treat you as a consumer and to inform you about your rights.

If you feel we are not meeting our obligations to you please contact the Pitney Bowes’ Consumer Protection Officer directly. Contact details are provided below.

3. The Consumer Protection Act, 68 of 2008

The summary of the Consumer Protection Act set out below has been reproduced from the website http://www.thedti.gov.za of the Department of Trade and Industry, Republic of South Africa, with minor amendments. This summary must be read with the Act and the Regulations to the Act.

3.1 The Consumer Protection Act, 68 of 2008 (CPA) has been legislated to

- Promote a fair, accessible and sustainable marketplace for consumer products and services;

- Establish national norms and standards to ensure consumer protection;

- Make provision for improved standards of consumer information and prohibit certain marketing and business practices;

- Promote responsible consumer behaviour;

- Promote a consistent legislative enforcement framework related to consumer transactions and agreements;

- Establish the National Consumer Commission; and

- Replace, in a new and simplified manner, existing provisions from five Acts.

3.2 Who may lodge consumer complaints

- An individual;

- An authorised person acting on behalf of another;

- A person acting as a member of, or in the interests of, an affected group or class; or

- A person acting in the public interest.

3.3 The Act applies to the following

- Every consumer transaction occurring in the Republic of South Africa;

- The marketing, promotion or supply of goods and services occurring within the Republic; and

- The supply of goods or rendering of services within the Republic in terms of transactions mentioned in the Consumer Protection Act.

3.4 The Act does not apply in respect of

- Goods or services promoted or supplied to the state;

- Industry-wide exemption granted to regulatory authorities;

- Credit agreements in terms of the National Credit Act, 34 of 2005, but not goods and services;

- Service and employment agreements;

- Agreements giving effect to collective bargaining agreements; and

- Agreements giving effect to bargaining agreements in terms of the Labour Regulations Act, 66 of 1995.

3.5 Implementation date

The Act has become effective in 2 phases. The provisions establishing consumer protection bodies and those authorising the Minister of Trade and Industry to make regulations came into effect on 24 April 2010. All other provisions came into effect on 31 March 2011.

3.6 Who is a ‘consumer’

Consumers are natural persons and juristic persons with an asset value or annual turnover, at the time of the transaction, under the ‘threshold’ determined by the Minister of Trade and Industry. The threshold is currently R2m.

Franchisees under franchise agreements are also considered to be consumers.

Consumers are persons to whom goods or services are marketed, who have entered into transactions with suppliers and who are users of goods or recipients or beneficiaries of services.

3.7 What are consumer rights

The Bill of Rights enshrines the rights of South Africans, including their consumer rights. The Consumer Protection Act details the key consumer rights which include the following:

- Right to equality in the consumer market and protection against discriminatory marketing practices;

- Right to privacy;

- Right to choose;

- Right to disclosure of information;

- Right to fair and responsible marketing;

- Right to fair and honest dealing;

- Right to fair, just and reasonable terms and conditions;

- Right to fair value, good quality and safety; and

- Right to accountability by suppliers.

4. The 9 consumer rights

4.1 Consumer right number 1

4.1.1 Right to equality in the consumer market and protection against discriminatory marketing practices

- Your right to free and unlimited access to goods and services;

  • suppliers may not limit access to goods and services
  • suppliers are not permitted to prioritise one consumer group over another

- Your right to high-quality goods and services;

  • suppliers are not permitted to vary the quality of the goods and services in a discriminatory manner
  • consumers have the right to query inferior quality

- Your right to fair pricing of goods and services;

  • suppliers are not permitted to charge unfair prices
  • consumers should be treated equally irrespective of gender, race, socio-economic status or geographic location

- Your right to lodge complaints with the Equality Court in respect of alleged contraventions;

  • proceedings may be instituted before an Equality Court
  • complaints may be filed with the National Consumer Commission which is required to refer complaints, if they appear valid, to the Equality Court

4.2 Consumer right number 2

4.2.1 Right to privacy

- Your right to restrict unwanted direct marketing;

  • consumers have the right to protect their privacy and confidentiality in respect of unwanted or unsolicited correspondence
  • consumers have the right to refuse unwanted SMSs, telephone calls, letters and spam email

- Your right to discontinue receipt of direct marketing;

  • consumers have the right to ‘opt out’ of receiving unsolicited direct marketing services by blocking the supplier or marketer
  • consumers have the right to accept, restrict or refuse unwanted direct marketing
  • companies and suppliers are not permitted to continue unsolicited direct marketing of goods and services in the event that consumers have opted out

4.3 Consumer right number 3

4.3.1 Right to choose

- Your right to select the supplier of your choice;

  • consumers have the right to ‘shop around’ for the best prices, goods and services
  • consumers are not obliged to enter into additional (‘bundled’) agreements
  • suppliers may not force consumers to enter into agreements with third parties

- Your right to cancel or renew a fixed term contract;

  • consumers have the right to cancel fixed-term agreements upon expiry of the contract period without penalty or charge
  • consumers are obliged to provide suppliers with 20 (twenty) business day’s notice of cancellation of a fixed term agreement
  • suppliers must extend fixed-term agreements on a month-to-month basis if the consumer fails to request cancellation of a fixed term agreement

- Your right to request pre-authorisation for repairs or maintenance services;

  • consumers have the right to request written cost estimates or quotations from suppliers
  • suppliers may not charge consumers for drawing up cost estimates or quotations
  • consumers may refuse additional repairs or maintenance services
  • consumers are not liable to pay for repairs or maintenance undertaken without prior approval
  • suppliers are not permitted to charge consumers for diagnostic work or inspections required to compile cost estimates or quotations

- Your right to cancel direct marketing contracts within the ‘cooling-off’ period;

  • suppliers are required to include a ‘cooling-off’ period in direct marketing transactions. ‘Cooling-off’ periods are generally five (5) business days
  • consumers have the right to cancel agreements in the ‘cooling-off’ period without providing reasons or incurring penalties
  • suppliers are required to return payments received from consumers within fifteen (15) business days of receiving the cancellation notice

- Your right to cancel advance reservations, bookings or orders;

  • consumers have the right to cancel advance reservations, bookings or orders
  • suppliers are entitled to request a reasonable, advance deposit for reservations, bookings or orders
  • suppliers are entitled to impose a reasonable charge for the cancellation of reservations, bookings or orders

- Your right to choose to examine goods even after purchase and delivery;

  • suppliers have the right to charge consumers for loss or damage to property if it resulted from gross negligence, recklessness or deliberate action
  • consumers have the right to refuse previously ‘opened’ goods and goods that have been on ‘display’
  • consumers may reject goods that do not correspond with the pre-approved samples
  • suppliers must provide consumers with a reasonable opportunity to examine goods purchased or delivered

- Your right to return goods and seek redress for unsatisfactory service;

  • consumers have the right to return unsafe or defective goods within a reasonable period and request a full refund
  • consumers have the right to return goods that were not pre-examined prior to delivery

- Your right to retain and not pay for unsolicited goods and services;

  • consumers have the right to return unsolicited goods and services at the risk and cost to the supplier
  • consumers are entitled to retain unsolicited goods or services after twenty business days

4.4 Consumer right number 4

4.4.1 Right to disclosure of information

- Your right to sales records;

  • consumers have the right to demand invoices and receipts
  • suppliers are required to include the following on invoices and receipts;
    • supplier’s full contact information, addresses, business names and VAT registration numbers
    • name and description of goods
    • date of transaction
    • unit price of goods purchased
    • quantity of goods purchased
    • total price of the transaction, including applicable taxes

- Your right to disclosure by intermediaries;

  • intermediaries such as brokers, sales representatives and estate agents are required to disclose their relationships, associations or affiliations with the entities or persons they represent

- Your right to identification of deliverers, installers and others;

  • deliverers, installers and others are required to display name badges or similar identification to the satisfaction of consumers when delivering or installing goods and products
  • consumers have the right to demand identification from deliverers, installers and others prior to allowing the delivery and installation of goods

4.5 Consumer right number 5

4.5.1 Right to fair and responsible marketing

- Your right to protection against ‘bait’ marketing;

  • suppliers are not permitted to mislead consumers in respect of the pricing, nature, properties, advantages, uses and availability of goods and services advertised
  • suppliers are obliged to include limitations in respect of the availability of goods or services when advertising

- Your right to protection against ‘negative option’ marketing;

  • suppliers are not permitted to market and promote goods or services and automatically enter consumers into agreements for the supply of goods and services

- Your right to protection against direct marketing;

  • suppliers or service providers that directly market and promote goods or services to consumers must inform them of their right to cancel the agreement within the ‘cooling-off’ period of five (5) business days
  • suppliers or service providers which directly market unsolicited goods and services to consumers are not permitted, subject to certain conditions, to solicit payment for these items

- The right to protection in ‘catalogue’ marketing;

  • suppliers are required to disclose the following;
    • supplier name, registration and licence number
    • address and contact details
    • sales records
    • currency for sales
    • delivery arrangements
    • cancellation, return, exchange or refund policy
    • instructions on lodging a complaint

- Your right to protection in terms of trade coupons and similar promotions;

  • persons are not permitted to make promotional offers with the intention of not fulfilling them or fulfilling them in a manner other than offered
  • persons making promotional offers are required to;
    • specify the nature of the prize, reward, gift, free goods or services, price reduction, enhancement of quality, discount or free item
    • specify the goods or services to which the offer relates
    • specify the steps required by consumers to accept the offer or receive the benefits
    • specify the particulars of a person from whom, a place where and a date and time on which the consumer may receive the benefits
    • ensure that the supply of the benefit is sufficient to accommodate reasonably anticipated demand resulting from the offer
    • not limit or restrict capacity to supply such goods or services in response to acceptance of the offer
    • not require the consumer to accept inferior quality of such goods or services
    • not impose a monetary charge for the administration, processing or handling of a transaction when the consumer tenders a trade coupon for membership fees

- Your right to protection in customer ‘loyalty programmes’;

  • persons must not offer participation in a ‘loyalty programme’ or ‘loyalty credit award’ with the intention of not providing it or providing it in a manner other than as offered
  • a document setting out an offer must clearly state the following;
    • the nature of the programme, credit or award being offered
    • the goods or services to which the offer relates
    • the procedures to be followed for participation
    • the contact details of where consumers may gain access to the ‘loyalty programme’ or ‘loyalty credit award’

4.6 Consumer right number 6

4.6.1 Right to fair and honest dealing

Note: Unconscionable conduct refers to behaviour that is unethical or improper

- Your right to protection against ‘unconscionable’ conduct;

  • suppliers are not permitted to use physical force, coercion, undue influence, pressure, duress, harassment, unfair tactics or other similar conduct against consumers when undertaking the following;
    • marketing goods or services
    • supplying goods or services
    • negotiating, concluding, executing or enforcing agreements to supply goods or services
    • demanding or collecting payment
    • recovering goods or terminating services
  • suppliers are not permitted to take advantage of consumers who are unable to protect their interests due to mental or physical disability, poor literacy, ignorance or inability to understand the language of an agreement

- Your right to protection against false, misleading or deceptive representations;

  • suppliers are not permitted to provide consumers with false, misleading or deceptive representations regarding goods or services
  • suppliers are not permitted to use exaggeration, innuendo or ambiguity when referring to goods or services

- Your right to protection against fraudulent schemes and offers;

  • persons are not permitted to initiate, sponsor, promote or knowingly participate in communications or activities with the intent to defraud others
  • persons are not permitted to produce counterfeit currency or purport to increase the sum of money through scientific means or otherwise
  • persons are not permitted to engage in fraudulent or lawless financial transactions

- Your right to protection against ‘pyramid’ and related schemes;

  • persons are not permitted to promote, join, enter into or participate in the following schemes;
    • multiplication schemes
    • pyramid schemes
    • chain letter schemes
    • other fraudulent schemes or scams

- Your right to assume that suppliers are entitled to sell goods;

  • consumers have the right to assume that suppliers have the legal right to supply goods and products
  • consumers have the right to assume that lessors have the legal right to lease goods or products

- Procedure for sale by auction;

  • when auctioning goods or products in lots suppliers are required to auction lots separately
  • auctioneers are required to close auctions by visibly or audibly announcing their completion
  • auctioneers should give notice that a sale by auction is subject to reserve or upset price

- Your right to changes, deferrals, waivers and substitution of goods;

  • deferrals, waivers and substitutions to original agreements must be treated as changes to existing agreements
  • consumers have the right to substitute goods or products
  • suppliers are required to provide consumers with amended sales agreements or records describing the substituted goods

- Your right to protection against over-selling and over-booking;

  • suppliers are not permitted to accept payment or other consideration for goods or services if;
    • they had no intention of supplying those goods or providing the services
    • the intention was to supply goods that are materially different from the goods or services for which payment is accepted
  • suppliers are required to supply the goods and services on the dates and times agreed to
  • consumers have the right to demand refunds for the full amount paid as well as interest at prescribed rates

4.7 Consumer right number 7

4.7.1 Right to fair, just and reasonable terms and conditions

- Your right to protection against unfair, unreasonable and unjust contract terms;

  • suppliers are not permitted to market, supply or enter into an agreement to supply goods and services at prices or terms that are unfair, unreasonable or unjust
  • suppliers are not permitted to require consumers to waive any right, assume any obligation or waive the liability of the supplier on terms that are unfair and unreasonable or unjust

- Your right to notice in respect of certain terms and conditions;

  • suppliers are required to provide consumers with prior written notice of clauses in agreements that may constitute potential risk or liability for consumers
  • suppliers must specifically draw the attention of consumers to the fact and the nature of the potential risk. Concomitantly, consumers must accept responsibility

- Your right to obtain free copies of agreements and contracts;

  • consumers are entitled to obtain free copies or free electronic access to copies of agreements irrespective of whether consumers have entered into such agreements or not
  • a free copy should include an itemised breakdown of financial obligations under such agreements
  • suppliers are required to keep records of transactions entered into over the telephone or other ‘recordable’ forms if the agreement is not in writing

- Your right to refuse prohibited transactions, agreements and terms and conditions;

  • suppliers are not permitted to make an agreement subject to terms and conditions that are;
    • contrary to this Act
    • mislead or deceive consumers
    • subject consumers to fraudulent conduct
    • directly or indirectly deprive consumers of rights in terms of this Act
    • avoid suppliers obligations and duties in terms of the Act
    • limit or exempt suppliers from liability for loss directly or indirectly attributable to the gross negligence of suppliers
    • constitute an assumption of risk or liability by the consumer for loss
    • impose an obligation on consumers to pay for damage or require consumers to enter into supplementary agreements
    • falsely express an acknowledgement by the consumer that before the agreement was entered into no representations or warranties were made by the supplier
    • require consumers to forfeit money to the supplier

- your right to approach a court to ensure fair and just conduct, terms and conditions;

  • if consumers are not satisfied with the outcome of the National Consumer Tribunal's investigation into alleged unconscionable, unjust or unfair conduct they may approach a court for relief

4.8 Consumer right number 8

4.8.1 Right to fair value, good quality and safety

- Your right to demand quality service;

  • Consumers are entitled to the following;
    • timely performance and completion of services
    • timely notice of unavoidable delays in the performance
    • high-quality services
    • delivery and installation of goods that are free of defects and of a generally accepted quality
  • Suppliers are required to remedy defects in the quality of services performed and goods supplied or to refund the consumer a reasonable portion of the price paid

- Your right to safe, good quality goods;

  • Consumers are entitled to receive goods or services that comply with applicable standards, are of good quality, in good working order and free of defects

- Your right to implied warranty of quality;

  • it is an implied provision that the producer, importer, distributor and retailer of goods warrant that the goods comply with the requirements and standards of safety, quality and durability
  • consumers are permitted to return goods to suppliers without penalty and at the supplier’s risk and expense within six (6) months of delivery if the goods are of inferior quality, unsafe or defective
  • suppliers are obliged to refund, repair or replace the failed, unsafe and defective goods
  • suppliers are obliged to replace goods or refund the consumer the price paid for the goods within a period of three (3) months of repairs undertaken if the repaired goods are found to be defective, have failed or are considered unsafe

- Your right to a warranty on repaired goods;

  • suppliers are obliged to warrant, for a period of three months after the date of installation, every new and reconditioned part installed during repair or maintenance work and the labour required to install it

Note: Warranties are null and void if consumers are found to be misusing and abusing goods or property while under warranty

- You right to receive warnings on the fact and the nature of risk;

  • suppliers are obliged to make consumers aware of risk of an unusual character or nature
  • suppliers are obliged to bring to the consumer's attention the specific hazards of unsafe goods and, thereafter, provide the consumer with adequate instructions for the safe handling and use of those goods

- Your right to recovery and safe disposal of designated product components;

  • suppliers are responsible for disposing of waste deemed unsuitable for disposal in common waste systems

- Your right to have products monitored for safety or recalled;

  • industry codes will make provision for the return or recall of hazardous, unsafe or defective goods

- Your right to claim damages for injuries caused by unsafe or defective goods;

  • Producers, importers, distributors and retailers are liable for harm caused, wholly or in part, as a consequence of the following;
    • supplying unsafe goods
    • hazardous goods, a failure of or defect in goods
    • inadequate instructions or warnings provided to the consumer pertaining to the hazard arising from or associated with the use of the goods

4.9 Consumer right number 9

4.9.1 Right to accountability by suppliers

- Your right to protection in ‘lay-bye’ agreements;

  • consumers are entitled to the following in ‘lay-bye’ agreements;
    • equivalent or superior products if the supplier fails to deliver the original products,
    • a full refund of money paid, inclusive of interest
    • to have their deposits kept in an interest-bearing account

- Your right to protection with regard to pre-paid certificates, credits, vouchers and access to pre-paid services and service facilities;

  • suppliers in possession of pre-paid certificates, credits, vouchers, membership fees or other money belonging to consumers must do the following;
    • not treat such property as their own
    • exercise due diligence, care and skill
    • assume liability for losses suffered by consumers

5. Where to complain

The Consumer Protection Act aims to promote consumer activism by making provision for the accreditation of consumer groups tasked with lodging complaints on behalf of consumers as well as making available support for activities such as consumer advice, education, publications, research and alternative dispute resolution through mediation or conciliation.

The Act gives rise to the establishment of the National Consumer Commission, a body assigned to investigate consumer complaints.

Complaints can also be lodged with the National Consumer Tribunal which was created by the National Credit Act and is responsible for the adjudication of violations and transgressions of the National Credit Act and the Consumer Protection Act.

Department of Trade and Industry (DTI) – Complaints

Consumer helpline via the DTI Customer Contact Centre

0861 843 384

The DTI Office of Consumer Protection (OCP)

+27(0)12 3941436 / 1558 / 1076

The DTI email address

contactus@thedti.gov.za

The DTI website address

http://www.thedti.gov.za

National Consumer Tribunal (NCT) - Complaints

The NCT phone number

+27 (0)12 663 5615

The NCT email address

Registry@thenct.org.za

The NCT website

http://www.thenct.org.za/

National Consumer Commission (NCC) - Complaints

The NCC phone number

0860 266 786

The NCC fax number

0861 515 259

6. Pitney Bowes Consumer Protection Officer

Pitney Bowes has appointed a dedicated Consumer Protection Officer who is responsible for the processing of complaints made directly to Pitney Bowes or in connection with a formal complaint to the National Consumer Commission.

In the event of a complaint, we encourage you to contact us directly. Our policy is to promote the resolution of consumer protection complaints as the quickest and most satisfactory way of resolving complaints. Details are provided below on how to contact the Pitney Bowes Consumer Protection Officer.

Pitney Bowes Consumer Protection Officer(s)

Name

Bonny Henning

Chantell Harris

Phone Number

+27 (0)11 516 9400

Facsimile Number

+27 (0)11 466 2678

Email Address

bonnyh@pitneybowes.co.za

chantellh@pitneybowes.co.za

7. Corporate Information and How to Contact Us

Company Details

Name of Private Body

Pitney Bowes SA (Pty) Limited

Company Registration Number

1998/008782/07

VAT Registration Number

4080190525

Directors

AR Harper (UK), PJ Keddy (UK), D Denny (UK), M Springer (MD)

Physical Address

Unit 9, Kyalami Crescent,

44 Kyalami Boulevard

Kyalami Business Park

Kyalami 1684

Postal Address

P O Box 13024

Kyalami 1684

Phone Number

+27 (0)11 516 9400

Facsimile Number

+27 (0)11 466 2678

Email Lagal notice

1. Applicability

Pitney Bowes SA (Pty) Limited (Pitney Bowes) is a privately held company incorporated in and subject to the laws of South Africa. Pitney Bowes provides software, hardware and services that integrate physical and digital communications channels.

Email is an integral part of Pitney Bowes’ business.

This Email Legal Notice has legal force and effect in terms of section 11 of the Electronic Communications and Transactions Act, 25 of 2002.

2. Purpose

The purpose of this Email Legal Notice is to regulate the use and receipt of email to and from Pitney Bowes.

3. Scope

Emails, attachments to emails and links within emails are collectively referred to as ‘email’ in this Email Legal Notice.

4. Recipients of Email from Pitney Bowes

Email from Pitney Bowes is intended for named recipients only. Persons copied are also named recipients.

Any other persons in receipt of email from Pitney Bowes are unauthorised recipients of Pitney Bowes’ email.

5. Confidentiality and Privilege of Email from Pitney Bowes

Pitney Bowes’ email is classified ‘company confidential’.

If you are an unauthorised recipient, kindly:

- Notify the sender if the sender is a Pitney Bowes representative; or

- Notify admin@pitneybowes.co.za

If you are an unauthorised recipient please destroy all email in electronic and hard copy format which you have received as an unauthorised recipient and / or have printed without authority.

6. Monitoring and Interception

To comply with law and in line with international standards and best practice relating to the use of information technology in its business activities Pitney Bowes monitors and intercepts live communications such as email and website activity in compliance with of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002.

Subject to the provisions of the Electronic Communications and Transactions Act, 25 of 2002 and South African and international privacy principles and where necessary, and if required by law, Pitney Bowes will access static data created, received, communicated and stored by Pitney Bowes as part of the pbSecure™ Website service,.

7. Your Privacy

Resultant from Pitney Bowes’ practice of monitoring and intercepting live email communications is that you have no expectation of privacy with respect to email communication to and from Pitney Bowes. If you do not agree to this limitation of your constitutional right to privacy, regulated in terms of the above named Act, you should not communicate with Pitney Bowes via email.

Notwithstanding the fact that Pitney Bowes respects your privacy, it also has an obligation to identify and to limit risk related to the use of email in its business. As such, it seeks to find a balance between these opposing rights and obligations.

8. Warrantees and Representations

No warranties are made or implied that any employee or contractor of Pitney Bowes is or was authorised to create and / or send this email.

9. Unauthorised Use of Pitney Bowes Email Systems

Pitney Bowes regulates its internal environment in accordance with South African law and Pitney Bowes’ policies, procedures, guidelines and technologies. Authorised users of Pitney Bowes’ email systems are subject to these instruments which regulate the acceptable use of email. In the event that Pitney Bowes’ policy and rules on the acceptable use of email is contravened by users, the users will be liable. Pitney Bowes’ directors and management shall not accept liability arising from such contravention.

10. Damages Arising from Email from Pitney Bowes

Email technologies and the use of related telecommunication systems and networks expose Pitney Bowes to dynamic security and business risk. Pitney Bowes manages this risk in accordance with South African law and also through its policies, procedures and guidelines to prevent unauthorised access to or abuse of systems and networks.

Pitney Bowes is committed to the highest standard of its duty of care and as such, Pitney Bowes’ will not be held liable for damages arising from the use of email.

11. Transmission and Receipt of Email from Pitney Bowes

In accordance with the Electronic Communications and Transactions Act 25 of 2002, email is deemed received only when receipt is confirmed orally or in writing. Email is deemed sent as and when reflected in Pitney Bowes’ mail server logs.

12. Requirements for Valid Agreements

It is Pitney Bowes’ policy that no binding agreements will be entered into through the use of email. Any offers made or received will be regarded merely as part of the process of negotiation. The conclusion of agreements negotiated by email must be reduced to writing, printed on paper and signed by hand with ink.

13. Pitney Bowes Corporate Information

Company Details

Name of Company

Pitney Bowes SA (Pty) Limited

Company Registration Number

1998/008782/07

Place of Registration

South Africa

VAT Registration Number

4080190525

Directors

AR Harper (UK), PJ Keddy (UK), D Denny (UK), M Springer (MD)

Physical Address

Unit 9, Kyalami Crescent,

44 Kyalami Boulevard

Kyalami Business Park

Kyalami 1684

Postal Address

P O Box 13024

Kyalami 1684

Phone Number

+27 (0)11 516 9400

Facsimile Number

+27 (0)11 466 2678

Email Address

admin@pitneybowes.co.za

Information on Pitney Bowes

Information on Pitney Bowes

Name

Pitney Bowes SA (Pty) Limited

Legal status

Privately held company

Physical address and the address for receipt of legal service of documents

Unit 9, Kyalami Crescent,

Kyalami Boulevard

44 Kyalami Business Park

Kyalami 1684

Phone number

+27 (0)11 516 9400

Website (Webshop) address

http://www.pitneybowes.co.za

Email address

admin@pitneybowes.co.za

Company registration number

1998/008782/07

VAT Registration number

4080190525

Place of registration

South Africa

Directors and office bearers

AR Harper (UK), PJ Keddy (UK), D Denny (UK), M Springer (MD)

 

Company Websites

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