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Article 1. General1.1 SCS CARM LOGISTICS, trading as SCS Delivery Service and operating through our website scsdeliverieservice.com, has its registered office in Accra, Ghana. We are registered with the Registrar General Department of Ghana under registration number BN222520323 and hold a Taxpayer Identification Number (TIN) of P0013399187. The General Conditions are also registered with the Registrar General Department under the provided file number.
1.2 The Terms represent the conditions of SCS Delivery Service, hereinafter called "SCS Delivery Service" and its counterparties. Other parties include, principal, customer, sender, receiver, supplier, carrier and user for the supply of goods and/or services, mediation and/or advice, software and/or web services, which are or will be delivered or made available by SCS Delivery Service requested by the customer, particularly under contract of purchase, sale and/or assignment.
1.3 The customer may verbally or in writing, or via the website of SCS Delivery Service or otherwise make use of the SCS Delivery Service goods or services offered, whether or not they form of a long term contract.
1.4 These Terms and Conditions supersede all previous published terms and conditions of SCS Delivery Service. SCS Delivery Service reserves the right to change these terms and conditions without prior notice.
1.5 SCS Delivery Service reserves the right to enforce these Terms and Conditions. Strict compliance may not always be enforced across all conditions, and where they are not this does not mean that it renounces the right to apply to the remaining conditions.
1.6 These General Conditions are published both in print and electronically on the website www.scsdeliverieservice.com. The electronic version on the website of SCS Delivery Service will take precedence over the printed form. Up to date copies can be sent on request.
1.7 If this agreement is made in a language other than English, then any difference in content or scope English text will prevail.
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Article 2. Applicability and applicable regulations2.1 These Terms and Conditions apply to the legal relationship between SCS Delivery Service and the customer, regardless of location of the party and regardless of where it is established or implemented.
2.2 Furthermore, this agreement applies to all requests, offers, price lists, quotations, order confirmations, web services, the closed and to close contracts, work of SCS Delivery Service and its staff on the sales, delivery of service and/or goods, execution of advisory assignments and/or mediation, or the implementation of transport and/or logistics services between SCS Delivery Service and any party or successor.
2.3 Orders made with SCS Delivery Service are made under our Terms and Conditions. SCS Delivery Service does not recognise customer Terms and Conditions even when these are expressly referred to in advance.
2.4 If at any stage of the purchasing there is a conflict between the SCS Delivery Service Terms and those of the purchaser, SCS Delivery Service Terms will prevail, except, where there has been specific acceptance in writing to the contrary.
2.5 Once the terms and conditions are accepted, they apply without further notice for new services and agreements between the parties, unless specifically excluded.
2.6 In any conflict about these Terms and where a mandatory provision of law disputes the conditions the remaining provisions of these Terms remain in full force. SCS Delivery Service will replace the invalid provision with a legally permissible condition.
2.7 SCS Delivery Service reserves the right to change the terms of the conditions of third parties and to apply these if they relate to the performance of work, relevant to the respective order.
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Article 3. Offer and acceptance3.1 All offers and quotations of SCS Delivery Service in brochures, price lists, websites or in any form whatsoever, are completely free, even if they offer a deadline for acceptance. Tenders relating to the services of SCS Delivery Service are based on information provided by the Customer. The Customer warrants that to best of their knowledge all critical information for the execution of the contract is provided. SCS Delivery Service will carryout their tasks to the best of their knowledge and ability. This obligation has the character of a 'best efforts’ obligation.
3.2 The offer made by SCS Delivery Service is without obligation, and is valid, unless otherwise indicated, for fourteen days. The other party accepts the offer made by SCS Delivery Service by placing an order, which may be written, oral or signing a contract, or through the website or by e-mail. SCS Delivery Service is bound by a contract only if and insofar as SCS Delivery Service has confirmed the order.
3.3 SCS Delivery Service reserves the right without giving reasons to refuse an order. A refusal of an order for whatever reason, can never give rise to any claim for damages by the customer in respect of SCS Delivery Service.
3.4 Verbal promises by the employees and representatives, intermediate and/or assistants of SCS Delivery Service are binding only if confirmed in writing.
3.5 Data, including those relating to the contract, the bill of lading, invoice and other documents are exchanged electronically, in the event of a dispute the admissibility of electronic messages is not disputed. Electronic messages have the same evidential value as written, unless such messages between the parties have an agreed format and the security level and format are not in the manner agreed stored or recorded.
3.6 The SCS Delivery Service website and related Web links can be used by customers. None of these websites or companies to whom they belong are controlled by SCS Delivery Service. SCS Delivery Service offers no warranty as to the information provided or made available on such sites nor the quality or acceptability of goods, services or software used by such persons or entities in any of these web sites are.
3.7 Without prejudice to its own responsibilities, SCS Delivery Service can involve third parties to complete an order without prior permission. SCS Delivery Service can also alter its relationships with a client without prior permission.
3.8 By wether confirming and / or placing by writing any order, the other party accepts these Terms and Conditions.
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Article 4. Prices, costs and rates4.1 The orders are executed at the time by SCS Delivery Service with delivery prices and general terms in force when the booking is confirmed, unless the parties expressly agreed otherwise in writing. All prices exclude sales tax (VAT), warehousing, shipping, transportation, insurance or other charges which relate to the order and / or contract are payable. Prices for additional services or surcharges quoted on the website by SCS Delivery Service are indicative prices and cannot be legally binding. Client orders can be subject to a minimum order handling charge.
4.2 If the order is carried out in accordance with Article 4.1 but is at a different price agreed upon, because the price charged at the time of delivery is after the date of the conclusion of the contract, for whatever reason, SCS Delivery Service is entitled to raise the agreed price accordingly if and when the increase is reasonable, unless the parties expressly agreed in writing that a the price was fixed. Among cost factors not displayed: materials, packaging, recall or transportation, fuel surcharges, duties, taxes or other charges, currency fluctuations, travel time, travel and accommodation and other delivery/collection related expenses.
4.3 SCS Delivery Service has no obligation to provide surety from its own resources for the payment of freight, duties, levies, fines, taxes and / or other costs, if they are required. All the consequences of not immediately complying with an obligation to provide surety shall be borne by the Customer or Client.
4.4 SCS Delivery Service pays the charges raised in Article 4.3 ahead and charges it to the Customer.
4.5 All prices, rates, charges, financial obligation, amount and / or value are expressed in Ghana Cedi (Ghc), excluding any taxes, fees and / or taxes.
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Article 5. Billing and Payment5.1 All remittance will be settled within 24 hours from the date of receipt, unless another period is agreed or the another billing period is specified.
5.2 Any discounts, bonuses, fees etc. are payable only if the customer has fulfilled its obligations to SCS Delivery Service.
5.3 If payment terms described Article 5.1 are not met, the other party is legally in default. Without requiring a further notice all outstanding debts to SCS Delivery Service are immediately due and payable.
5.4 All judicial and extrajudicial costs shall be borne by the customer. The extrajudicial costs are at least 15%, including the aforementioned interest owed by the other party, with a minimum of Ghc 300, -. Furthermore, SCS Delivery Service is entitled to a surcharge for late payment charge of up to Ghc 300, - per invoice for the additional administrative costs.
5.5 Prior to delivery and / or performance of its obligation to the customer SCS Delivery Service is always entitled to full or partial payment of the amounts due.
5.6 If payment is not forthcoming or the customer is not creditworthy, then SCS Delivery Service can suspend the order. SCS Delivery Service is then entitled to temporarily suspend the client or customer’s account, until the obligations are fulfilled by the customer or client.
5.7 Invoice disputes must be raised with 5 days of receipt. Disputes must be in writing (electronic).
5.8 Proof of delivery (POD) or (CMR) bill can be obtained by SCS Delivery Service.
5.9 The data entered by the customer into the booking software will be used to calculate the charge for the delivery.
5.10 SCS Delivery Service will provide invoices, in a PDF file and send to the customer electronically. If requested a paper invoice can be sent. There is an administration fee for this service.
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Article 6. Sender, recipient, delivery and transport6.1 In this article are the various conditions and obligations that apply to the Sender, Recipient of the delivery package and carrying it. Deliveries may include documents, parcels, pallets, air, sea freight and other goods to be transported.
6.2 The Sender and / or receiver are responsible for the accuracy and completeness of the data entered in the booking software and via other communicated means, and should ensure that all pickup and deliveries have the correct contact information provided.
6.3 The Sender is required to ensure that the required documents and instructions for shipping, and if applicable for reception, are in the timely possession of SCS Delivery Service. In no event shall SCS Delivery Service be required to examine whether the information addressed to them is correct and / or complete.
6.4 The Sender must pack and label the consignment, so that the content is described, classified and accompanied by the required shipping documents, which in each case may vary to meet the requirements of the Client and the law. Furthermore, the packaging must be able to withstand the usual treatment and the usual transport methods.
6.5 In the case of a delivery outside the Republic of Ghana where the receiver is the payer, the correct VAT number of the sender and the receiver is to be provided.
6.6 For all deliveries destined for export the Sender must provide proper sales invoices in quintuplicate (make 5 copies) of the Commercial Invoice. It must include the correctly stated billing address with a Chamber of Commerce and VAT number, a complete and clear description of commodities or goods, the General Agreement on Tariffs and Trade (GATT Code), being the first six digits of the Harmonised System (HS Code) and the correct weight.
6.7 The Sender is required to ensure that the delivery is ready at the agreed place and time and available for collection by the Courier. Failure to do so may incur charges. Without any notice being required, the Sender is required to meet costs of the failed collection, with a minimum of Ghc 25, - per delivery.
6.8 SCS Delivery Service and / or the client/customer is not obliged, but entitled to open all consignments and parcels to investigate and confirm the contents are as described by the sender and that statements made are correct and complete. The sender may be asked to open the parcel. The Sender accepts that the Courier and / or the Carrier can perform security checks.
6.9 The Sender warrants that the delivery ordered under these terms comply with the limits of SCS Delivery Service and / or the Carrier, specifically conditions such as dimensions, weight, volume and value of the delivery. This information is available through the website.
6.10 SCS Delivery Service will not accept any delivery for transportation, storage or processing if the contents are prohibited by any law or regulation of the country of origin, destination or transit of any country or by the Carrier as such is excluded.
6.11 Consignments must not contain goods forbidden according to national and international laws. Goods that are dangerous to humans and animals and goods on the basis of their properties or the way they are packed are a hazard to other goods that are transported in the same transportation, are excluded. Not allowed are: precious stones, precious metals, jewelry, cash, checks, savings books, bank cards, credit cards, tickets, securities such as stocks, bonds, certificates of shares, options, deeds, bonds, permits, etc., passports, stamps, unique -, art, antiques, watches, keys, personal items, perishable or frozen food, alcohol (excluding alcoholic beverages), tobacco and tobacco products, drugs (the illegal drugs), drugs, pornographic material or illegal publications, live or dead animals, animal organs and parts such as fur, ivory, etc., plants, seeds, brown and white goods, firearms and other weaponry, fireworks, explosives, fire extinguishers and other pressurized products, paints and other hazardous or flammable materials and / or liquids.
6.12 SCS Delivery Service will not accept delivery of Dangerous Goods, unless separately agreed in writing. In all cases of transportation of Dangerous Goods, SCS Delivery Service will not be liable for any damages resulting from delay or other damages.
6.13 Perishable and temperature sensitive deliveries and / or goods are moved, provided that the sender accepts deliveries is at their own risk. SCS Delivery Service and / or the Carrier provide no special treatment for such deliveries unless separately agreed in writing.
6.14 The Sender accepts that the consignments are held in secure premises and are prepared, packaged, stored and transported by trustworthy individuals and that these items be protected from interference by unauthorized persons prior to the acceptance by SCS Delivery Service and / or the Carrier.
6.15 The Sender is liable to SCS Delivery Service and / or the recipient is liable for injury to persons, damage to equipment or other items and for the expenses incurred from inadequate packaging of the delivery.
6.16 If a delivery needs to be cleared through customs, it is the responsibility of the Sender and / or the Receiver to complete accurate documentation for the sent items, but the Carrier will, unless otherwise instructed, act as representatives of the sender and / or receiver at customs. The Carrier may request further written documentation at the expense of the Sender / Receiver or appoint a customs agent /broker to process clearance.
6.17 The extent to which SCS Delivery Service and / or the Carrier and the Sender / Receiver help in completing the required customs forms and other formalities is without obligation. This is done at your own risk and responsibility of the Sender and / or the Recipient. The Sender and / or Recipient will at its own expense, provide the customs authorities with additional information and documentation if required.
6.18 The sender and / or Recipient accept that they are aware that making an incomplete or inaccurate statement to the customs authorities is deception and carries the risk of civil prosecution and / or the forfeiture and sale of goods.
6.19 SCS Delivery Service and / or the Carrier in case of a customs seizure of the delivery / goods are entitled to provide the competent authorities with the name and address of the sender and / or the receiver, as well as information on the nature and status of the seized delivery / goods. Furthermore SCS Delivery Service and / or the Carrier in this case, if it is suspected that the delivery / goods infringing intellectual property rights, are permitted to authorize the destruction of the seized delivery / goods if the sender and / or recipient do not confirm on the first request that the Sender and / or Recipient that SCS Delivery Service and / or the Carrier are harmless from all liability.
6.20 All delivery and / or transit times provided by SCS Delivery Service are not binding and therefore involve no final deadline. Exceeding this time (transit time) does not constitute a failure for SCS Delivery Service and the sender is not entitled to any compensation. SCS Delivery Service times as displayed on the website are Estimated Times of Arrival (ETA).
6.21 SCS Delivery Service and / or the Carrier can alter the method of transport and the route used at its discretion. SCS Delivery Service and /or the carrier shall be entitled to temporarily store consignments if this is deemed necessary and desirable.
6.22 SCS Delivery Service and / or the Carrier are authorized to deliver the delivery to the Recipient at the address nominated by the Customer or agent, and SCS Delivery Service and / or the Carrier will deem the Consignment to have been delivered when a proof of delivery (POD), a (CMR) or signed waybill delivery sheet have been signed. This delivery confirmation can also be obtained electronically.
6.23 SCS Delivery Service and / or the Carrier may deliver a delivery to the recipient or any other person with authority to receive the delivery on behalf of the recipient. This may be people at the same address as the recipient or at a neighbour. If a delivery is not received, SCS Delivery Service is entitled to the delivery cost.
6.24 SCS Delivery Service and / or the Carriers can deliver a multiple consignment in separate parts. If the deliveries are delivered in parts, each part can be billed separately.
6.25 The Recipient may return received deliveries only if expressly authorised by SCS Delivery Service. The cost of returning the goods will then be borne by the Customer, unless otherwise agreed between the parties.
6.26 The Sender can opt for SCS Delivery Service and / or the Carrier agreed terms of transport insurance.
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Article 7. Risk, retention and lien7.1 At the time of delivery, the risk for the goods and / or delivery to the other party, notwithstanding the provisions of (Article 7.2).
7.2 Ownership of the goods delivered or to be delivered on orders made with SCS Delivery Service rest at SCS Delivery Service until the sender has fully paid for the delivery and other obligations associated with and resulting from the supply of these goods.
7.3 SCS Delivery Service reserves the right to dispose of goods held in ownership when the customer does not meet their obligation described in 7.2.
7.4 SCS Delivery Service shall be entitled to deliveries for which the customer did not fully meet its obligations, to retain them until it is fully paid or payable and for the items sold to third parties in which case the proceeds after deduction of costs will be paid to the customer.
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Article 8. Intellectueal and industrial property8.1 The current and future industrial and intellectual property rights, including those embodied in the SCS Delivery Service goods, services and advice, documents, software, and in the brand, trade names, logos and of SCS Delivery Service remain fully vested in SCS Delivery Service and are in no way transferred to the other party.
8.2 The express prior written consent of SCS Delivery Service is required before brand, trade names; logos of SCS Delivery Service are used in any promotional materials, brochures, web sites, production.
8.3 Models, methods, systems, techniques, tools, including software, web services, used for the execution of the contract and / or agreement and the results of the assignment and / or contract are included and remain the property of SCS Delivery Service.
8.4 The web based activity rights are exclusively owned by SCS Delivery Service and / or its licensors. Entering into a contract and / or agreement, to use the web services or any other information transferred to SCS Delivery Service by the customer does not transfer the copyright or any other intellectual or industrial property. Data provided by the sender is owned by the sender. The database structure or method of storing the data information of the party are the property of SCS Delivery Service.
8.5 The customer account, determined by, username, password and / or name is not transferable without the prior written permission of SCS Delivery Service.
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Article 9. Complaints and Liability9.1 The receiver should check the goods upon delivery. The receiver must check the delivery to verify that (transportation) damage has not occurred and / or there are no missing items.
9.2 The Recipient, or the Sender is required to raise a complaint in connection with (transport) damage or missing items delivered in accordance with Article 9.1. and to sign the delivery note stating damage or items missing. Failure to record the problem at delivery or notify SCS Delivery Service as soon as the delivery has happened will result in the customer losing all his rights in claiming for damages or shortages unless there is intent or a shortcoming by SCS Delivery Service.
9.3 If the damage or loss was not apparent on delivery the receiver has two days after receipt of the consignment to notify the complaint in writing. This must include the nature of the damage or loss as indicated to SCS Delivery Service. Photographic evidence of the damage items and the packing (external and internal) will be required to support the complaint. Additional supporting paperwork (cost receipts) will be requested as needed.
9.4 A consignment is regarded as missing if not delivered within one day after collection. Legitimate complaints after this period are assessed on an individual basis.
9.5 Complaints from customers, even if submitted in time, do not automatically suspend payment of the carriage costs.
9.6 SCS Delivery Service accepts no liability for any damage or any kind regardless of how caused, including any inaccuracy, incompleteness of information, or incorrect or improper selection or implementation of services of the hired carriers and / or experts, breach of contract, tort or otherwise, unless the damage is due to intentional or a shortcoming of SCS Delivery Service. Furthermore SCS Delivery Service accepts no liability for indirect damages, which include consequential damages, lost profits, lost savings and business opportunities.
9.7 SCS Delivery Service, including its employees and associated consultants have a limit of liability not greater that 25% of the invoice value of the relevant underlying transaction where a serious failing of SCS Delivery Service is determined.
9.8 Notwithstanding the other provisions, and subject to any other written agreements, the liability for transporting SCS Delivery Service and / or the Carrier for (partial) loss and (partial) damage to the delivery as follows: for national road transport and road transport in the Ghana, liability is limited to Ghc 3.40 per kilogram for missing or damaged weight. In case of international road transport, liability is limited to 8.33 SDR (approximately Ghc 9.30) per kilogram of weight for missing or damaged. If transport occurred exclusively or partly by air, the Warsaw Convention applies and the liability of the carrier to a maximum of 17 SDRs (approximately Ghc 19, -) per kilogram of weight for missing or damaged. In the absence of direct applicability of the Warsaw Convention, the liability will be determined as such.
9.9 In all the above cases, the damages are based on the actual value of the consignment at the place and time of receipt. The starting point is the number of missing or damaged kilograms. Furthermore, in any case of partial loss any settlement will be proportionally refunded.
9.10 The actual value will be determined on the basis of customs, repair, replacement, purchase or market value, which is the lowest value.
9.11 SCS Delivery Service shall not be liable if the loss, damage or delay is caused by: a. debt or an order of the sender or recipient; b. a defect in the order; c. special circumstances as mentioned in Article 10.1; d. conditions that the Carrier could not avoid and whose consequences it could not have prevented.
9.12 SCS Delivery Service and / or the Carrier chosen by the customer are protected against third party claims for damages arising from and related to the delivery and/ or resulting from the incorrect use of the labels supplied by SCS Delivery Service, as well as a use not in accordance with the instructions or advice of Select's Courier.
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Article 10. Force Majeure10.1 There is no question of a breach by SCS Delivery Service if the delivery is overdue. Force majeure includes, but is not limited to non-attributable failure of third parties, including suppliers of SCS Delivery Service, actions or requirements of public authorities, strikes, disruptions in the electricity, Internet and / or telephone services, business, traffic, weather and / or transport breakdowns and further other circumstances which could SCS Delivery Service not reasonably have expected that it fulfills its obligations to the other party.
10.2 Any additional costs incurred by force majeure, in relation to delivery, including transport, storage and handling costs, warehouse or land rent, deceased, standing and redundancy payments, insurance, removal, etc. shall be borne by the customer.
10.3 If due to circumstances beyond its control and SCS Delivery Service fails to comply with an obligation under the contract for as long as the force majeure lasts, the customer in cases of force majeure is not entitled to terminate the agreement unless the force majeure has continued for more than fourteen days. The cancellation is performed by a registered written notice to SCS Delivery Service. Services already made will be charged pro rata. The obligation to pay for the services shall remain in full force until the date of termination.
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Article 11. Cancellation and termination11.1 SCS Delivery Service has the right to cancel the agreement with the customer unilaterally, in whole or in part, and to terminate a contract if the customer was negligent. The effect of force majeure or the permanent inability to reasonably complete an order, where it can reasonably be shown that the task execution was carried out according to the contract and / or agreement compensation cannot be offered.
11.2 In addition, customer dissolution can be informed by registered written notice, subject to the rights of SCS Delivery Service, if a. the business of the customer is wholly or partially transferred, suspended, insolvent or is liquidated; b. the customer is bankrupt or suspension of payments has become, under administration or under guardianship, or an application on bankruptcy, moratorium, receivership or guardianship has been filed; c. assets of the customer have been seized.
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Article 12. Decline and Iimitation12.1 All claims against SCS Delivery Service under these Conditions are limited: National road transport, road transport in Ghana, after the lapse of one year from the beginning of the day following the day the delivery was delivered or should have been delivered. International road transport, after the lapse of one year, counting from, in case of partial loss, damage or delay from the date the delivery was delivered and in the case of total loss, from the thirtieth day after the scheduled date of episode. Air transportation, within two years, counting from the arrival of the delivery at destination, or the day on which the aircraft should have arrived, or from the interruption of transport. In all other cases, after a period of three months after completion of the (transport) contract, in case of intent or a shortcoming of SCS Delivery Service a limitation period two years applys.
12.2 A written claim shall suspend the limitation period on. Partial recognition of the claim meets the limitation only for the part. A written rejection of claims having the same issue faced the limitation period. Barred a claim can not be settled.
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Article 13. Confidentiality, privacy and security13.1 SCS Delivery Service will observe confidentiality regarding the execution of the contract and / or contract data and information obtained regarding the business affairs of the other party (ies). In particular, SCS Delivery Service will maintain confidentiality with respect to data and information provided when using the web services.
13.2 Using the SCS Delivery Service website or related websites to provide information through automatic Internet searches to third parties is strictly prohibited. SCS Delivery Service does not accept ideas, concepts or techniques for services and / or goods from other sites. If such information is received, it will not be treated as confidential and SCS Delivery Service are deemed free to use such information and may at its discretion to re-use.
13.3 Using the web services requires personal data to be provided. SCS Delivery Service acts as an intermediary. In this capacity, SCS Delivery Service complies with all its legal obligations. The customer is to be regarded as responsible, as defined in Article 1 d of the Data Protection Act. By entering into the contract and / or contract the customer has an obligation to ensure data from and about the end user is in the context of web services and the customer is to comply with all legal requirements. Passing on the data, by SCS Delivery Service will only occur under the authority of the customer, or as a legal obligation.
13.4 The other party agrees that SCS Delivery Service, can make use of data provided to SCS Delivery Service for commercial, management and security analysis, administration and advertising services and / or goods by SCS Delivery Service delivered. Moreover the other party have agreed that the name and / or logo of the other party can be used on the website of SCS Delivery Service. The other party has certain legal rights (Select by Courier to contract) to access, rectify, object to the use for direct marketing or delete personal information about Courier Select the other party possesses. A detailed privacy statement is published on the website of SCS Delivery Service.
13.5 SCS Delivery Service will take steps to maximum capacity to protect the information stored on the servers. These measures will be appropriate, taking into account the state of the art and the costs involved. SCS Delivery Service will especially exercise extreme care to prevent unauthorized access to unauthorized information from the customer. The customer is deemed to use the standard safety equipment that reasonably they ought to have on a computer, such as anti-virus, anti-spam, anti-spyware, Anti-mail true, anti-phishing and firewall solution. Furthermore, the customer is to ensure that the session in the web application is closed when you leave the site.
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Article 14. Applicable law and jurisdiction14.1 These Terms and any ensuing or related disputes are governed by the laws of the Republic of Ghana.
14.2 All disputes arising out of or resulting from an agreement or practice to which these Conditions apply, shall be decided by the competent court in the Republic of Ghana
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