Terms of Use

Welcome to Shad Holdings (Pty) Ltd (“Shad Holdings”, “we”, “us”). By accessing our website www.shadholdings.co.za or using any of our logistics, freight, warehousing, or supply chain services, you agree to be bound by these Terms of Use. If you do not agree, please do not use our platforms or services.

1. Definitions

"Services" means freight forwarding, customs clearance, warehousing, distribution, transportation, and any related logistics solutions provided by Shad Holdings in South Africa and cross-border.
"User" means any individual or entity accessing our website or engaging our services.
"Content" means all text, images, data, and information available on our digital platforms.

2. Use of Website

You agree to use our website only for lawful purposes related to sourcing or managing logistics services. You shall not: (a) attempt to interfere with the website’s security or functionality; (b) use any robot, spider, or scraping tool; (c) upload malicious code or harmful content; (d) impersonate any person or entity. We reserve the right to restrict access to anyone who violates these terms.

3. Service Terms & Quotations

All service quotations provided by Shad Holdings are valid for 30 days unless otherwise stated. Shipping, warehousing, and transport services are subject to our Standard Trading Conditions (available upon request). Risk of loss or damage to cargo passes to the consignee according to agreed Incoterms®. Customers must provide accurate cargo descriptions and documentation; failure may result in delays or additional charges.

4. Payment & Invoicing

Payment terms are net 30 days from invoice date unless a credit agreement specifies otherwise. Late payments may accrue interest at 2% above the prime lending rate of a major South African bank. All fees exclude VAT and any applicable duties or taxes. We reserve the right to suspend services for overdue accounts.

5. Limitation of Liability

To the maximum extent permitted by South African law, Shad Holdings shall not be liable for any indirect, incidental, or consequential damages arising from use of our services or website. Our total aggregate liability for any claim relating to our services shall not exceed the amount paid by the customer for the specific service giving rise to the claim. We do not exclude liability for gross negligence, fraud, or death/personal injury caused by our willful misconduct.

6. Indemnification

You agree to indemnify and hold harmless Shad Holdings, its directors, employees, and agents from any claims, losses, damages, or expenses (including legal fees) arising from your breach of these Terms, misuse of our website, or violation of any applicable laws.

7. Intellectual Property

All content, trademarks, logos, and materials on our website are owned by Shad Holdings or its licensors. You may not reproduce, distribute, or create derivative works without our prior written consent.

8. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms or our services shall first be attempted to be resolved through good-faith negotiations. If unresolved, the dispute shall be submitted to arbitration in Johannesburg in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). Either party may seek urgent relief from a competent court.

9. Amendments & Severability

We may update these Terms from time to time. The latest version will be posted on this page with an updated effective date. If any provision is found unenforceable, the remainder shall remain in full force and effect.

By continuing to use our website or services, you acknowledge that you have read, understood, and agree to these Terms of Use.

POPIA Notification

This POPIA Notification serves as a formal notice to all data subjects whose personal information is collected and processed by Shad Holdings (Pty) Ltd (“Shad Holdings”), in compliance with Section 18 of the Protection of Personal Information Act (Act 4 of 2013). We urge you to read this notice carefully.

1. Information We Process & Purpose

Shad Holdings processes personal information for the following purposes related to our logistics and supply chain operations:

• Providing freight forwarding, warehousing, transport, and customs clearance services.
• Managing client and supplier relationships, including billing and collections.
• Complying with legal obligations (SARS, Ports Authority, border controls).
• Security, fraud prevention, and operational analytics.
• Direct marketing of our services (you may opt out at any time).

2. Categories of Personal Information Collected

We may collect: identity numbers, contact details, shipment records, financial information, geolocation data, CCTV footage, and, where necessary, special personal data (e.g., health or biometrics) with consent or as allowed by law.

3. Lawful Basis for Processing

Processing is based on one or more of the following: performance of a contract with you, compliance with legal obligations, protection of legitimate interests (e.g., network security), or your consent (for optional activities).

4. Third-Party Recipients

We may share your information with:

• Subcontractors and logistics partners involved in your shipment.
• Government authorities (SARS, SAPS, border control) where legally required.
• IT service providers, auditors, and legal advisors under confidentiality agreements.
• Financial institutions for payment processing.

No personal data is sold or rented to third parties for marketing purposes.

5. International Transfers

Your personal information may be transferred to countries outside South Africa for cross-border logistics. We will ensure an adequate level of protection through POPIA-compliant mechanisms, such as binding corporate rules or standard contractual clauses. You may request details of such safeguards by contacting our Information Officer.

6. Your Rights as a Data Subject

Under POPIA, you have the right to:

• Request access to your personal information held by us.
• Request correction or deletion of inaccurate or irrelevant data.
• Object to processing for direct marketing or on reasonable grounds.
• Withdraw consent previously given (without affecting lawful processing prior to withdrawal).
• Lodge a complaint with the Information Regulator of South Africa (www.inforegulator.org.za).

7. Retention & Security

We retain personal information only as long as necessary for the purposes stated or as required by law (e.g., tax records: 5–7 years). We implement reasonable technical and organisational measures to prevent unauthorised access, loss, or damage.

8. Provision of Information & Consequences of Non-Provision

Providing your personal information is necessary to enter into a contract for our logistics services. If you fail to supply required information, we may be unable to deliver shipments, process customs, or provide quotations. For website browsing, non-provision of optional data (e.g., cookies) will not affect core functionality but may limit some features.

9. Information Officer & Contact Details

10. Changes to This Notice

We may update this POPIA Notification periodically. Material changes will be communicated via our website or direct notice. The latest version is always available on this page.

By providing your personal information to Shad Holdings, you acknowledge receipt of this Section 18 notice and understand how your information will be processed.