TERMS OF USE & NOTICES

THE FINE PRINT

SECURITY NOTICE

Unauthorized attempts to defeat or circumvent security features, to use the system for other than intended purposes, to deny service to authorised users, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the system or its operation is prohibited. Evidence of such acts by Users within or outside the Republic of South Africa may be disclosed to law enforcement authorities and result in criminal prosecution under the South African law.

DISCLAIMER

LIMITATION OF LIABILITY

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Kargo Group of Companies (hereinafter referred to as “Kargo”) and its employees make no warranty or representation as to the availabilities, accuracy or completeness, or merchantability and fitness for a particular purpose of the Content nor shall it be held responsible for any direct, or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of its Website or any other linked website. Kargo does also not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

CHOICE OF LAW

The Website is controlled, operated and administered by Kargo within the Republic of South Africa. Kargo or its employees make no representation that the Content is appropriate or available for use in the locations or countried. Access to the Website from territories or countries where the Content is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the user accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. The aforesaid Terms of Use and Notices shall be governed by the laws of the Republic of South Africa and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the terms are found by a Court of competent jurisdiction to be invalid or unenforceable, that term shall be enforced to the maximum extent possible, so as to give effect to the intent of these terms and the remainder of these terms shall continue in full force and effect.

DISCLAIMER OF ENDORSEMENT

Reference to specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply Kargo’s endorsement, recommendation, or favouring. The views and opinions of authors expressed in the Content do not necessarily state or reflect the opinions of Kargo nor any of its employees, and same shall not be used for advertising or product endorsement purposes.

PRIVACY NOTICE

We collect no personal information about you when you visit this Web site, unless otherwise stated or unless you choose to provide this information to us. However, we collect and store certain information automatically. What we collect and store automatically is:

  1. The Internet Protocol (IP) address of the domain from which you access the Internet (e.g., 123.456.789.012) whether yours individually or provided as a proxy by your Internet Service Provider (ISP).
  2. The date and time you access our site.
  3. The pages you peruse (recorded by the text and graphics files that compose that page).
  4. And, the Internet address of the Web site from which you linked directly to our site.

We use the summary statistics to help us make our site more useful to visitors, such as assessing what information is of most and least interest to visitors, and for other purposes such as determining the site’s technical design specifications and identifying system performance or problem areas.

This information is not shared with anyone beyond the support staff to this Web site, except when required by law enforcement investigation, and is used only as a source of anonymous statistical information.

Kargo receives various type of information from Users who access the Website but makes every effort to protect any information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Kargo will not be held responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Kargo through the internet, or that you expressly or implicitly authorise Kargo to make, or for any errors or changes made to any transmitted information.

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the e-mail address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Kargo uses this information to determine use of the Website and to improve the Content thereon.

SECTION 51 MANUAL FOR THE KARGO GROUP OF COMPANIES

Prepared in accordance with Section 51 of the Promotion of Access to Information Act, No 2 of 2000, July 2003

PROMOTION OF ACCESS TO INFORMATION ACT

ACT 2 OF 2000 (The Act)

KARGO GROUP OF COMPANIES

SECTION 51 MANUAL FOR THE KARGO GROUP OF COMPANIES

INTRODUCTION TO KARGO

The Kargo group is a services orientated group performing services in transport, national distribution, logistics, warehousing and Full Maintenance Leasing (FML) contracts.

The company endeavours to provide the highest standard of service satisfaction to their customers. They have a continuing duty to maintain professional knowledge and skill at a level required to ensure that customers receive the advantage of a competent professional service based on up-to-date developments in practice, legislation and techniques.

Wherever reference is made to Kargo Group of Companies or Kargo, it will refer to all of the companies in the Kargo Group. They are:

KARGO FINANCE(PTY) LTD. 1998/013523/07
KARGO INDUSTRIAL PARK (PTY) LTD. 1934/006111/07
KARGO INTERNATIONAL LOGISTICS (PTY) LTD. 1996/008812/07
KARGO LONG DISTANCE (PTY) LTD. 1996/007820/07
KARGO NATIONAL (PTY) LTD. 2001/011893/07

PARTICULARS IN TERMS OF SECTION 51

CONTACT DETAILS [Section 51(1)(a)]

The Managing Director has duly authorised Mr. Trevor le Roux to deal with all matters in connection with requests for information in terms of the Promotion of Access to Information Act, 2 of 2000.

Postal address: PO Box75100, Gardenview, 2047
Street address: 6 Astron Rd, Denver, Johannesburg, 2094
Telephone: 08611 KARGO
Facsimile:086 636 5667
E-mail: trevor@kargo.co.za

THE GUIDE AS DESCRIBED IN SECTION 10. [Section 51(1)(b)]

The guide will be available from the Human Rights Commission. Please direct any queries to: The Human Rights Commission:

Postal address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 484 8300
Facsimile: +27 11 484-0582
Website: http://www.sahrc.org.za

CATEGORIES OF RECORDS OF KARGO WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS IN TERMS OF THE ACT IN TERMS OF SECTION 52(2). [Section 51(1)(c)]

No notice of such records has been made to the Minister.

RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION. [Section 51(1)(d)]

Records are kept in accordance with the following legislation:

Companies Act, 1973.
Close Corporations Act, 1984.
Income Tax Act, 1962.
Others to be specified where applicable

HOW TO REQUEST A RECORD. A DESCRIPTION OF THE SUBJECTS OF THE RECORDS HELD BY KARGO AND THE CATEGORIES IN, WHICH THESE SUBJECTS ARE CLASSED. [Section 51(1)(e)]

How to request a record

Section 53 prescribes that the requester must use the prescribed form to make the request for access to a record. This must be made to the head of the private body, or his duly authorized deputy. This request must be made to the address, fax number or electronic mail address of the body concerned.

The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.

If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body.

The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request.

The fee for private bodies is R50. The requester may lodge an internal appeal or an application to the court against the tender or payment of the request fee.

If the request is granted then a further access fee must be paid for the reproduction and the search and preparation, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

The head of the private body will then make a decision on the request and notify the requester in the required form.

CATEGORIES OF RECORDS HOLD BY KARGO

Web page

The web page, www.kargo.co.za is accessible to anyone who has access to the Internet. Kargo’s website provides information about the company to the general public. Its main aim is meant for the benefit of Kargo’s customers so that they may gain access to information pertaining to their business with Kargo. Access can only be obtained by using a Personal Identification and Password code.

Other records

Operational information

This information can be defined as information needed in the day-to-day running of the organization. Examples of such information are: original or copies of signed credit application forms, copies of correspondence in both electronic and hard format, copies of POD’s, claims, address lists, company policies and or procedures, contracts, employee records and general “house-keeping” information.

Correspondence files

Tax files
Partnership agreement
Financial records, including accounting records.

GROUNDS FOR REFUSAL

The main grounds for refusal relating to the access of records are:

Grounds for Refusal

  1. Protecting personal information about a third person (who is a natural person), from disclosure deemed as unreasonable;
  2. Protecting commercial information of Kargo or any one of its third parties. This might include information pertaining to trade secrets regarding: financial, commercial, scientific or technical information that in the event of disclosure, may cause harm to the commercial or financial interests of the organization or the third party;
  3. Protecting information given to Kargo in confidence by a third party;
  4. Protecting information that may endanger the life or physical safety of an individual, property or the general public, if disclosed;
  5. Protecting information which would be regarded as privileged in legal proceedings;
  6. Protecting information which if disclosed, would put Kargo at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
  7. Protecting information that is computer software or programmes;
  8. Protecting information that concerns research being carried out on behalf of Kargo or a third party.

OTHER INFORMATION AS MAY BE PRESCRIBED. [Section 51(1)(f)]

In terms of the Financial and Intermediaries Services bill and any other Regulations which might become applicable from time to time.

AVAILABILITY OF THE MANUAL. [Section 51(3)]

This manual is available from the South African Human Rights Commission (see details above), Kargo National (see details above), and in electronic format at www.kargo.co.za