KORRIDOR PLATFORM ACCESS TERMS AND CONDITIONS

Last updated: [2025/11/17]

 

Welcome to our platform (“Korridor Platform”). Before you go any further, you must read and accept these terms for accessing and using the Korridor Platform (“Terms and Conditions”), which are contained in this document.

1. INTRODUCTION

  • The Korridor Platform provides inter alia the means for the Customer to procure logistical and/or transportation related (whether local or cross-border) products and services.
  • These Terms and Conditions apply when the Customer accesses the Korridor Platform for the first time and each time thereafter. They are a binding legal agreement between the Customer and Korridor.
  • These Terms and Conditions may be updated from time to time and the most recent version of the Terms and Conditions will apply to the Customer each time the Customer accesses the Korridor Platform. The Customer agrees to read these Terms and Conditions each time the Customer accesses the Korridor Platform. By accessing the Korridor Platform, the Customer agrees to be bound by these Terms and Conditions.
  • Korridor provides the Korridor Platform to the Customer so that we can render various services to the Customer, which services consist of providing access to products and services, including, but not limited to, technology and online procurement solutions, the provision of diesel, fuel, energy, cash pay-outs, currency exchange, border fee payments, road toll payments, parking, insurance, mechanical payments, electronic payments, land arrangements, etc. in the logistics, transport and cross-border transport industries or providing related support services.

2. DEFINITIONS AND INTERPRETATION

In these Terms and Conditions, unless the context requires otherwise:

  • Advance Payment” means any payment made by Korridor in advance for and on behalf of the Customer to acquire a certain Service, with or without the Customer Account having sufficient funds for Korridor to recoup the equivalent amount at the time of advance.
  • Affiliate” means, as to any Party, any other Person which, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such Party. For the purposes of this definition, “control” (including, with correlative meanings, the terms “controlling”, “controlled by” and “under common control with”), as used with respect to any person shall mean the direct or indirect power to direct or cause the direction of the management and policies of such person, whether through the ownership of voting securities or interests, or by contract or otherwise.
  • Applicable Law(s)” includes all and any statutes, subordinate legislation, regulations and common law; codes of practice, directives, guidance notices, judgments and decisions of any competent authority or any government or governmental agency, body, department or such other competent authority in any jurisdiction, compliance with which is mandatory for or by either Party or both in connection these Terms and Conditions.
  • Automatic Order” means an Order that is automatically generated and placed by the Korridor Platform at pre-determined intervals or upon pre-set triggers, following the Customer’s explicit opt-in to this service
  • Business Day” means any day other than a Saturday, a Sunday or an official public holiday in the Republic of Mauritius, the Republic of South Africa and in the jurisdiction where the Customer is domiciled.
  • Customer” or “you/your” means the Person that has entered into these Terms and Conditions with Korridor and is duly registered or incorporated as a juristic or legal entity under the laws applicable to its jurisdiction. Where applicable, reference to “Customer” may be construed as a reference to any of the Authorised Signatory, Customer Administrator, or Customer User.
  • Customer Account” means the account opened by or on behalf of the Customer on the Korridor Platform and into which all payments from or on behalf of the Customer is credited. The Customer Account may comprise various digital/electronic accounts for various currencies to enable the debiting of payment in appropriate currency in various jurisdictions within the Territory.
  • Customer Administrator” means the individual responsible for administration of the Customer Account, as further detailed in clause 2.
  • Customer Information” means all information provided to Korridor by the Customer, or on the Customer’s behalf, including: (a) Personal Information pertaining to the Customer and (b) the KYC information referred to in clause 3.4.
  • Customer Signatory” means refers to the individual who has been duly authorised by the Customer to execute these Terms and Conditions on behalf of the Customer, as further detailed in clause 2.1.
  • Customer User” means a member of the Customer’s Personnel and who has been (or purports to have been) nominated by the Customer as further detailed in clause 3, whether (i) as a registered user with login credentials on the Korridor Platform, or (ii) as an authorised representative (such as a driver or site agent) authorised by the Customer Administrator to redeem, realise or collect Services (including through use of a KTX device or signature of a Delivery Note).
  • Data Protection Laws” means any data protection or data privacy laws applicable to these Terms and Conditions and/or the Parties and/or any Person affected by the operation of these Terms and Conditions from time to time.
  • “Delivery Note” means a service confirmation slip (whether printed or electronic) automatically generated by a KTX device, which records the particulars of an Order as actually realised or complete (including but not limited to quantity, product/service type, unit price, date, time and location), and which is signed in physical form or otherwise accepted on-site by a Customer’s Personnel.
  • Draft Order” means a preliminary version of an Order generated on the Korridor Platform, reflecting the Customer’s intended request for the procurement of Services but which has not yet been confirmed or authorised as an Order Request.
  • Estimated Order Total” means a pro-forma indication of the estimated cost of an Order Request, which may be subject to change due to currency fluctuations or other factors that takes place between the time of placing the Order Request and the time of Order.
  • Korridor Holdings” means a company duly registered and incorporated in the Republic of Mauritius with company number 154067 C1/GBL.
  • Korridor” or “we”, “us” or “our” means an LSP in the region where the Customer is based, or an Affiliate thereof, and which can be contacted via the avenues detailed on the Korridor Platform or Korridor’s website at https://korridor.com/contactus/. Should there be no LSP in the region where the Customer is based, Korridor shall mean Korridor Holdings.
  • Korridor Platform” means this platform or software application owned or lawfully licensed by Korridor which provides an interface to which a Customer can purchase, access and use various Services.
  • Korridor Services ” means any logistical and/or transportation related (whether local or cross-border) product or service offered by Korridor from time to time (including Additional Korridor Services described in clause 5.1.2), for which a Customer can place an Order Request through the Korridor Platform as more fully described in clause 6.1.
  • KTX” means the Korridor transaction terminal of the Company linked to the Korridor Platform and used by Korridor Holdings and Korridor as well as the Providers for purposes of, inter alia, processing Order Requests, authenticating Personnel and completing Orders.
  • KYC” stands for ‘Know Your Customer’ and refers to information/documentation relating to the Customer as may be requested by Korridor from time to time.
  • LSP” means a local service provider, being an Affiliate of Korridor or any other Person that has been authorised by Korridor Holdings to handle Customer funds or to perform any service on behalf of Korridor.
  • Order” or “Once-off Order” means when an Order Request has been realised, that is, the process of delivering Services to the Customer by Korridor or the Provider is complete, and which has been fulfilled and captured or reflected as complete on the KTX and/or Korridor Platform.
  • Order Request” means a request for procurement of Services by the Customer through the Korridor Platform and includes a Trip where applicable.
  • Order Total” means the total and ultimate cost charged in respect of an Order inclusive of Service Fees and VAT where applicable but excluding all other Taxes.
  • Parties” means Korridor and the Customer and “Party” means either one of them, as the context requires.
  • Person” means, as the context so requires, an individual, company, corporation, juristic person, local authority, and any trust, organisation, association or partnership, with or without a separate juristic personality.
  • Personal Information” has the meaning given to the terms “personal information” and/or “personal data” in the applicable Data Protection Laws and includes “sensitive” and/or “special” categories of Personal Information (and/or information of the like) as defined in the applicable Data Protection Laws.
  • Personnel” means a Person’s, employees, contractors, directors, officers, shareholders or other representatives, and includes the authorised Customer User’s and any other authorised individual or user.
  • Provider” means any Person in any jurisdiction within the Territory who has been contracted by Korridor to render the Provider Services to Customers via the Korridor Platform.
  • Provider Services” means any logistical and/or transportation related (whether local or cross-border) product or service offered by a Provider from time to time, for which a Customer can place an Order Request through the Korridor Platform.
  • Services” means collectively Korridor Services and Provider Services.
  • Service Fee” means the fee charged by Korridor or the Provider for rendering the Services.
  • Taxes” means all taxes applicable to a Customer in the relevant jurisdiction;
  • Terms and Conditions” means these platform access terms and conditions applicable to the use of the Korridor Platform.
  • Territory” means any country where the Services are provided or rendered.
  • Trip” means a combination of Order Requests in respect of Products and Services required during a particular haulage trip (domestic or cross border) envisaged by the Customer.
  • VAT” means value added tax or any analogous tax in any relevant jurisdiction including but not limited to use, sales and local sales taxes of any kind;
  • The words “including” and “in particular” are without limitation.
  • The clause headings do not govern or affect the interpretation of these Terms and Conditions.
  • A reference to a Party includes that Party’s successors-in-title and permitted assigns.
  • If any provision in a definition confers rights, or imposes obligations on any Party, effect shall be given to it as a substantive provision of these Terms and Conditions.
  • The rule of interpretation that, in the event of ambiguity, the contract must be interpreted against the Party responsible for the drafting of the contract does not apply.
  • Unless the context indicates otherwise, if the day for the performance of any obligation falls on a day which is not a Business Day, that day will be the next Business Day.
  • Unless the context indicates otherwise words denoting gender include all genders, reference to a natural person includes a juristic person, the singular includes the plural, and vice versa.
  • Any reference to legislation is to that legislation as at the last update to these Terms and Conditions, as amended or replaced from time to time. Any reference to a document or instrument includes the document or instrument as ceded, delegated, novated, altered, supplemented or replaced from time to time.
  • Where any term is defined within the context of any clause in these Terms and Conditions, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of these Terms and Conditions, notwithstanding that such term has not been defined in this clause 2.

3. PERSONNEL

  • Customer Signatory

The Customer Signatory must read and accept these Terms and Conditions on behalf of the Customer. By accepting these Terms, the Customer Signatory binds the Customer as a customer of the Korridor Platform. By clicking “I Agree”, “Accept” or such other similar buttons, the Customer Signatory confirms and warrants that they have the authority to enter into and bind the Customer to this Agreement with Korridor and to act on behalf of the Customer in all matters relating to these Terms and Conditions.

  • Customer Administrator
    • The Customer shall designate an individual as the main representative who will act as the primary point of contact and administrator for the Customer’s account on the Korridor Platform (i.e. the Customer Administrator).
    • The Customer Administrator will have the authority to manage and oversee the Customer’s account on the Korridor Platform (including setting up, configuring, and maintaining the Customer Account as well as managing the addition and removal of Customer Users including those authorised only to redeem, realise or collect Services). The Customer Administrator has administrator’s rights (also known as “admin rights”) and uses a unique username and password in order to manage the Customer Account.
    • The Customer Administrator shall be responsible for ensuring that Customer Users comply with these Terms and Conditions.
    • By accessing and using the Korridor Platform, the Customer Administrator confirms and warrants that they have the authority to act on behalf of the Customer concerning the administration of the Customer’s account on the Korridor Platform.
  • Customer Users
    • The Customer may authorise additional Personnel to access, transact, access information, realise, redeem, collect or otherwise interact with the Services on behalf of the Customer. Customer Users are required to comply with these Terms and Conditions and any directions, policies or procedures established by the Customer Administrator or Korridor.
    • The Customer is solely responsible for managing the removal, onboarding, offboarding, and/or deactivation of Customer Users on the Korridor Platform. This includes promptly deactivating any Customer User accounts of individuals who are no longer authorised to access the Korridor Platform or who have left the Customer’s organisation. The Customer must inform Korridor immediately upon a Customer User’s departure or when a Customer User should be deactivated. Failure to promptly notify Korridor or to deactivate such Customer Users is the sole responsibility of the Customer. The Customer agrees to fully indemnify, defend, and hold harmless Korridor arising out of or related to: (a) the Customer’s failure to offboard or deactivate Customer Users in a timely manner; (b) any unauthorised access, use, or misuse of the Korridor Platform by Customer Users who should have been deactivated; (c) any breach of the Customer’s obligations under this clause.
  • The Customer acknowledges and agrees that it is fully responsible for all actions and omissions of the Customer Administrator and Customer Users on the Korridor Platform. Any act or omission by the Customer Administrator or a Customer User shall be deemed an act or omission of the Customer. Korridor will be entitled to assume, unless expressly notified to the contrary, that the actions of the Customer Administrator and Authorised Customer Users are performed in accordance with the authority granted to them by the Customer.
  • Korridor will not be obliged to check the integrity of any action, or authenticity of any use of the Korridor Platform and is entitled to assume that all instructions, interactions and usage of the Korridor Platform complies with the Customer’s requirements until expressly advised to the contrary in writing to the following address legal@korridor.com. Korridor will process any changes within a reasonable time period.
  1. CUSTOMER ACCOUNT
    • Account creation
      • Before any Customer User can access or use the Korridor Platform, the Customer Signatory must first execute these Terms and Conditions, thereby binding the Customer to the terms and conditions herein. The execution of these Terms and Condition by the Authorised Signatory is a prerequisite for the activation of the Customer’s account on the Korridor Platform.
      • Upon successful execution of the Terms and Conditions by the Customer Signatory, the Customer may proceed to designate an individual as the Customer Administrator. The Customer Administrator is required to register their account on the Korridor Platform by providing the necessary information as requested by Korridor during the registration process. The Customer Administrator’s account will serve as the primary point of control for managing the Customer’s interactions with the Korridor Platform.
      • Following the registration of the Customer Administrator, the Customer Administrator will be responsible for facilitating the registration of any Customer Users who require Platform login credentials. For Customer Users authorised only to redeem, realise or collect Services, the Customer Administrator may nominate them on the Korridor Platform without requiring separate registration or login credentials. The Customer Administrator shall invite or otherwise arrange for Customer Users who require Platform access to register their accounts on the Korridor Platform by providing the necessary credentials and information required for access. Customer Users will not have access to the Korridor Platform until their registration is completed and approved by the Customer Administrator. Korridor may accept or reject the Customer User’s registration or nomination to access the Korridor Platform and its contents using Korridor’s own judgement and without giving reasons.
      • Once a Customer User registers, their login information may only be used by them and may not be shared with anyone else. For the avoidance of doubt, certain Customer Users (such as drivers) may be authorised only to redeem, realise or collect Services at and therefore will not be issued Platform login credentials; such Customer Users are authenticated on-site (e.g., via a KTX device). The Customer agrees that, once the correct username and password relating to a Customer User’s profile has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, the Customer will be liable for all actions taken using the Authorised User’s account at that time.
    • Suspension or termination
      • Korridor may terminate the Customer’s and/or a Customer User’s access to the Korridor Platform and/or suspend the Customer’s and/or Customer User’s status as a User at any time for any reason. Korridor has the right to change or discontinue (temporarily or permanently) the Korridor Platform (or any part of it). Korridor may also limit certain services, features or functions, and Korridor may restrict access to all or parts of the Korridor Platform.
      • Any licences or rights of use that may have been granted to the Customer in these Terms and Conditions will cease to exist immediately on termination.
      • Regardless of anything stated in this clause, no existing claim that Korridor has against the Customer for a breach by it or its Authorised Users of these Terms and Conditions will be affected by any termination or suspension of an agreement Korridor has with the Customer or the Customer’s or Authorised User’s status as a registered User.
    • Korridor will not be liable for any loss or damage that the Customer or an Authorised User may incur as a result of action taken in terms of this clause.
      CUSTOMER INFORMATION
  • To register as a Customer of Korridor and open and maintain a Customer Account on the Korridor Platform, the Customer will (and may in future) be required to provide certain KYC information, including Personal Information and information relating to the source of Customer’s funds, as required in terms of the Applicable Laws within the Territory and the internal policies of Korridor from time to time.
  • The Customer acknowledges and agrees that Korridor may use third parties to verify and authenticate the Customer Information received and/or obtained by Korridor in connection with clause 4.4 and to conduct due diligence checks in respect of the Customer and/or its Personnel.
  • The Customer warrants and guarantees that:
    • all Customer Information provided to Korridor, whether directly or indirectly, during the registration process and at all other times will be true, accurate, current and complete;
    • the use of the Korridor Platform shall at all times constitute legitimate business expenses;
    • it shall ensure that neither it nor any recipient of the funds transmitted through the Korridor Platform appear on any official anti-money laundering and anti-terrorism watch list such as the United Nations Security Council or the World Bank Listing of Ineligible Firms (worldbank.org/debarr);
    • all its transactions shall comply with the requirements of anti-money laundering and anti-corruption laws throughout the Territory; and
    • it shall not contravene any of the above requirements through the use of the Services, or the Korridor Platform generally.
  • The Customer acknowledges and agrees that the financial intelligence authorities and other competent authorities with the Territory may, at any time, request the Customer Information from Korridor for audit purposes or on any other grounds and that Korridor will then be obliged to and will provide such Customer Information upon request.
  • The Customer warrants that, if it provide third party information, it will not breach the third party’s intellectual property rights or confidentiality rights. To the extent that such information contains personal information, then the Customer warrants that it has complied with all applicable privacy laws in collecting and disclosing such information to Korridor. The Customer indemnifies Korridor and its Personnel for any losses incurred as a result of the Customer’s breach of this clause.
  1. SERVICES AVAILABLE ON THE PLATFORM
    • Korridor Services
      • The Korridor Platform offers certain products and services that are provided directly by Korridor, and are subject to these Terms and Conditions, i.e. Korridor Services.
      • From time to time, the Korridor Platform may also offer certain additional products and services (“Additional Korridor Services“). Access to and use of these Additional Korridor Services may be subject to separate fees, and each may have its own set of terms and conditions (“Additional Terms“). The Customer Administrator may opt to access these Additional Korridor Services by agreeing to the applicable Additional Terms on the Korridor Platform, which will govern the use of those specific Additional Korridor Services. In the event of any conflict between these Terms and Conditions and any Additional Terms, the Additional Terms shall prevail with respect to the Additional Korridor Services.
      • Korridor reserves the right to modify, enhance, or discontinue the Korridor Services described in clauses 5.1.1 and 5.1.2 from time to time. The Customer will be notified of any significant changes that may impact the use of the Korridor Platform, and any changes to the terms governing Additional Korridor Services will be communicated in accordance with the Additional Terms.
    • Provider Services
      • The Korridor Platform may also facilitate access to products and services offered by third-party vendors or service providers (i.e. Provider Services). These Provider Services are not provided by Korridor, and Korridor does not endorse, control, or assume responsibility for the performance, quality, or support of Provider Services. The availability and use of Provider Services are subject to these Terms and Conditions in addition to any separate terms and conditions between the Customer and the respective Provider. If there is any conflict between the two, these Terms and Conditions will apply.
      • The Customer acknowledges that any transactions, agreements, or disputes related to Provider Services are solely between the Customer and the Provider, however Korridor may at its discretion facilitate communications between the Customer and the Provider. While Korridor is not responsible for Provider Services, it may, at its sole discretion, facilitate communications between the Customer and the Provider to assist in resolving any issues or queries. However, such facilitation does not imply any endorsement or assumption of liability by Korridor for the Provider Services.
  1. ORDERS FOR SERVICES
    • Order
      • When the Customer places an Order Request or creates a Trip on the Korridor Platform, the Order Request constitutes a request by the Customer to acquire the Services. When an Order Request is successfully placed, Korridor shall indicate the Estimated Order Total that the Customer may be required to pay to redeem the Order Request or complete the Trip (as the case may be).
      • The Customer acknowledges and agrees that the Estimated Order Total is an estimated cost of the Order(s) to be completed in respect of the Order Request, calculated at the time when the Order Request is placed, and that the amount finally payable in respect of the Order Request may vary due to various circumstances, including but not limited to the time delay between the time when the Order is placed Request and when the Order(s) in respect thereof is/are completed, or due to currency fluctuations or other factors outside the control of Korridor.
      • Korridor shall not be held liable for any shortfall associated with the difference between the Estimated Order Total and Order Total.
      • Once an Order Request is placed, it may be amended by the Customer at any time before a Order is completed. An Order is regarded as completed when the Service requested has been provided to the Customer. However, depending on the nature of the Service, completion may occur at any point between placement of the Order Request and the actual provision of the Service, as determined by Korridor at its sole discretion from time to time.
      • It is the responsibility of the Customer and its Personnel to monitor that the Services received are of a quality and quantity which correspond with the Order details as represented on the Korridor Platform and/or on the KTX (if applicable).
    • Orders
      • Korridor shall not complete any Orders or instruct third parties (for example, LSPs, Korridor’s Affiliates or Providers) to complete any Order until such time as the Customer has made sufficient payments into the Customer Account to settle the applicable Order Total for the Services requested.
      • As a risk mitigation measure, Korridor may impose transactional limits on the Customer relating to the value of any Order Request placed on the Korridor Platform.
      • Korridor may, in its sole discretion, process any Order Request in whole or in part where the funds in the Customer Account are insufficient to cover the full value of the Order. In such circumstances, the Customer Account may reflect a negative balance, and the Customer shall promptly fund the Customer Account to restore the balance to zero or above. Until the negative balance is rectified, Korridor may suspend the provision of Services and/or the processing of further Order Requests, without prejudice to any other rights or remedies it may have.
      • Reasonable efforts will be made to ensure that all Order Requests placed on the Korridor Platform are processed in a timely manner, but Korridor makes no representations or warranties regarding the time needed to complete the relevant Orders.
      • The Customer hereby consents and irrevocably authorises Korridor to amend any Order (including an Order forming part of a Trip) to reflect the quantity or amount actually dispensed or redeemed, as evidenced by a Delivery Note (including any corresponding KTX record) signed or acknowledged, electronically or otherwise, by the Customer’s Personnel. Korridor is authorised to update the Order and corresponding Customer Account records to reflect any resulting difference (including by recording an adjustment of available funds), and the Customer agrees that, unless disputed in writing within 5 Business Days of the Delivery Note date with reasonable particulars, such amendment shall be final and binding.
    • Draft Orders
      • The Korridor Platform may provide Customers with the ability to generate Draft Orders for review prior to authorising an Order Request. A Draft Order does not create any binding obligation on Korridor until the Customer authorises it as an Order Request in accordance with the Platform process.
      • Draft Orders may be amended or cancelled at any time before they are authorised. Any prices or costings reflected on a Draft Order are indicative only and may differ from the final Order Total at the time of authorisation.
      • The Customer acknowledges that the longer a Draft Order remains unauthorised, the greater the likelihood that the indicative pricing may change due to factors such as currency fluctuations, market conditions or changes in applicable fees.
    • Automatic Orders
      • The Korridor Platform enables Customers to opt in to Automatic Orders through two primary mechanisms: Subscription Products and TRAC (Tag-Based Reordering):
        • Subscription Services: Customers may subscribe to eligible Subscription Services via the Korridor Platform. Once activated, Orders for these Services are automatically generated on a recurring (typically monthly) basis. To cancel or adjust Subscription Services, Customers must contact their designated sales or Korridor representative, who will manually update the subscription settings.
        • TRAC (Tag-Based Reordering): Customers may also enable Automatic Orders based on vehicle tags. Orders will be placed automatically for vehicles with active TRAC tags. Customers can manage this feature by marking individual tags as inactive on the Platform. Once a tag is inactive, no Automatic Orders will be placed for the associated vehicle.
      • The Customer remains solely responsible for monitoring and managing their Automatic Orders. Korridor shall not be liable for any costs, losses, or unwanted Orders incurred due to the Customer’s failure to deactivate or notify Korridor to disable any Automatic Orders. All Automatic Orders are subject to the same payment, completion and refund terms applicable to standard Orders.
      • Automatic Orders may also be subject to additional terms and conditions, which will be made available to the Customer on the Korridor Platform and must be expressly accepted before Automatic Orders can be activated.
    • System-Managed Processes
      • The Customer acknowledges and agrees that the manner and procedure for submitting, initiating, receiving, amending, authorising, cancelling and processing Draft Orders, Order Requests, Estimated Order Totals, Automatic Orders and Orders are managed systematically through the Korridor Platform.
      • By using the Korridor Platform, the Customer agrees to comply with the processes and procedures displayed and updated on the Platform from time to time. Korridor shall not be liable for any losses, costs or claims arising from the Customer’s failure to familiarise itself with or comply with such processes.
  1. LOADING, COSTS, AND FEES
    • Standard data costs will be charged when the Customer registers on the Korridor Platform and every time when the Customer accesses the Korridor Platform. These costs are charged by the Customer’s internet service provider or mobile phone operator. Any questions related to the Customer’s data costs must be sent to the Customer’s internet service provider or mobile phone operator, instead of Korridor.
    • Advance Payments:
      • Korridor may, in its sole and absolute discretion, make Advance Payments for and on behalf of the Customer in respect of certain Services.
      • Should this be applicable, then Customer deposits shall be credited first to any Advance Payments, any late fees and interest due and the remainder will be credited to the Customer Account.
    • In consideration for the Services, Korridor will be entitled to charge the Customer a Service Fee. The Service Fee will be incorporated in the Estimated Order Total and Order Total.
    • The Order Total is due and payable immediately upon completion of an Order or any other billing and invoicing standards as required by Korridor. The Order Total shall be deducted from the Customer Account.
    • Any increase in the Order Total pursuant to clause 1.2 shall be for the Customer’s account.
    • In addition to any other costs and fees contemplated 5.1.2 these Terms and Conditions, Korridor will be entitled to charge the Customer a minimum amount per month (as may be communicated and updated by Korridor from time to time), regardless of whether the Customer has placed any Order Requests on the Korridor Platform. OR To ensure fair and consistent use of the Platform, and to maintain infrastructure, support, and compliance standards, a fair usage policy applies. Customers are required to meet a minimum monthly billing threshold of [amount or usage volume] regardless of whether the Customer has placed any Order Requests on the Korridor Platform, unless otherwise agreed in writing.
    • Notwithstanding the above, Korridor reserves the right, in its sole discretion, to waive or discount the minimum monthly billing requirement on a case-by-case basis.
    • If you place an Order for any Service facilitated through the Korridor platform, and such Service is redeemed or utilised before payment has been fully effected (for any reason, including but not limited to delays in payment processing, system failures, or disruption of Korridor’s operations), you remain fully liable for the corresponding Order Total. Korridor reserves the right to:
      • deduct or offset the outstanding Order Total from your available balance or any funds held in your Customer Account; or
      • require you to settle the Order Total directly with the relevant service provider.
    • Korridor reserves the right, in its sole discretion, to determine which currencies it will accept for payment on the Korridor Platform. We may decline, convert, or suspend payments made in certain currencies without prior notice, and we shall not be liable for any loss or inconvenience arising from such actions.
  2. AMENDMENT AND CANCELLATION OF ORDERS AND REFUNDS
    • Once Korridor, or a Provider (as the case may be) completes an Order on the KTX, the Order cannot be reopened into an Order Request or cancelled on the Korridor Platform, thus irreversible.
    • In certain cases, the Customer may be able to amend or cancel any Order Request at its discretion but prior to the completion of an Order. In such cases, no amendment to or cancellation of any Order Request shall be valid unless it is effected through the Korridor Platform.
    • A credit balance in the Customer Account shall not be refunded to the Customer unless in the case of the termination of these Terms and Conditions or the Customer deregistering from the Korridor Platform. The Customer acknowledges that any funds held in the Customer Account are non‑interest‑bearing. In the absence of termination or deregistration as set out above, the Customer’s funds shall remain in the Customer Account and shall be available for use by the Customer. In the event of a refund, Korridor may charge the Customer bank costs and any other applicable administrative costs.
    • Refunds will only be made into the registered bank account of the Customer in the same country and currency as the Customer Account was initially funded.
  3. COMPLETION OF ORDERS & DORMANT ACCOUNTS
    • Once Korridor, or a Provider (as the case may be) completes an Order on the KTX, the Order cannot be reopened into an Order Request or cancelled on the Korridor Platform, and is accordingly irreversible.
    • In certain cases, the Customer may be able to amend or cancel any Order Request at its discretion, but only prior to the completion of an Order. In such cases, no amendment to or cancellation of any Order Request shall be valid unless it is effected through the Korridor Platform
    • Refunds of any amounts standing to the credit of any Customer Account shall only be made to the Customer :
      • prior to the account having been designated as “Dormant” as more fully referred to in clause 8.4 below ; and
      • in circumstances where the Customer Account has been expressly terminated by the Customer in accordance with these Terms and Conditions and deregistered from the Korridor Platform; and
      • into the registered bank account of the Customer in the same country and currency as the Customer Account was initially funded.
    • Notwithstanding anything to the contrary herein contained –
      • If no Orders are completed on a Customer Account for a continuous period of 3 (three) calendar months, the Customer Account shall be deemed “Inactive.”
      • If a Customer Account remains Inactive for a further continuous period of 3 (three) years from the date it was first deemed Inactive, it shall be deemed “Dormant.”
      • upon any Customer Account becoming “Inactive”, Korridor shall use its reasonable endeavours to contact and notify the Customer of this fact (whether by telephone, email or otherwise) (“Inactivity Notification”) within a reasonable time thereafter, solely making use of the contact details held by Korridor for the Customer, on the Korridor Platform. Failure by the Customer to ensure that its contact details remain regularly updated and maintained may adversely impact the Customers receipt of the Inactivity Notification. Korridor shall have no obligation to take steps beyond that of utilising the contact details for the Customer that it has on record on the Korridor Platform, and the Customer hereby waives all claims of every nature whatsoever which it may have against Korridor and/or its Affiliates (and/or their respective directors, officers, employees and agents) in connection with any Inactivity Notification (including where the Customer has not received the Inactivity Notification in circumstances where the contact details on record as aforesaid are incorrect and/or outdated);
      • upon any Customer Account becoming “Dormant”, then Korridor shall irrevocably and unconditionally be entitled to :
        • deregister and terminate the Customer Account in question from the Korridor Platform, without further reference to the Customer;
        • appropriate and transfer all funds standing to the credit of the Customer Account in question, which funds shall, for all purposes, be deemed to be due, owing and payable by the Customer to Korridor in connection with the administration and maintenance of the Customer Account in question during the period of its inactivity and applied by Korridor for this purpose.
      • the Customer hereby irrevocably and unconditionally waives abandons and alienates all claims of every nature whatsoever which it may have against Korridor and/or any of its Affiliates (and/or their respective directors, officers, employees and agents) in connection with the appropriation, transfer and/or application of the said funds and/or the deregistration and termination of the Customer Account as aforesaid.
    • The provisions of this clause 8 constitute an irrevocable stipulatio alteri in favour of each of Korridor, its Affiliates and their respective directors, officers, employees and agents, all of whom shall be entitled to accept such benefit at any time without notice the Customer.
  4. CUSTOMER OBLIGATIONS
    • The Customer shall be responsible for controlling access to and use of the Korridor Platform by Customer Users. Korridor shall not be liable for any unauthorised use of the Korridor Platform. The Customer shall ensure that the Customer Administrator appointed by the Customer from time to time controls the access of all the Customer’s Personnel and shall ensure the security of such access at all times. The Customer acknowledges that certain Customer Users may interact with Korridor’s Services without Platform login credentials and accepts responsibility for their actions and omissions.
    • The Customer shall be responsible for ensuring that usernames, passwords and any other credentials in relation to the Customer Account are treated as confidential and not shared with third parties or Customer’s Personnel who need not have access to the credentials. If the Customer knows or suspects that an unauthorised Person is using the Customer’s credentials, the Customer must notify Korridor immediately. The Customer, and not Korridor, retains the ultimate administrative control over the Customer Account.
    • The Customer shall ensure that all due diligence information and other Customer Information submitted to Korridor or on the Korridor Platform as well as all user details are accurate and correct in all respects before an Order is placed on the Korridor Platform.
    • The Customer Administrator is responsible for administering the Customer Account on the Korridor Platform and shall be responsible for ensuring that all Customer information is correct, valid and current.
    • The Customer Administrator may open sub-user accounts for and on behalf of the Customer on the Korridor Platform and may terminate the access and use of or by any sub-user. The Customer Administrator shall at all times ensure that only authorised Personnel of the Customer have access to the Korridor Platform.
    • The Customer shall be responsible for ensuring that all its funds deposited into Korridor’s accounts are:
      • from legitimate sources; and
      • correctly referenced and shall as such take responsibility for incorrectly referenced deposits resulting in delays or lost finds.
    • The Customer shall ensure that the Customer Account is sufficiently funded to settle the Order Total needed to complete Orders or promptly fund their Customer Account should the balance become negative.
    • The Customer will comply (and warrant that it does comply) with all laws applicable to its and its Personnel’s use of the Korridor Platform and anything directly or indirectly related to it. The Customer also warrants that it is in compliance with all internal and external requirements (including authorities, laws, policies and instructions) that apply to it.
    • Unless agreed otherwise in writing, the Customer shall be responsible for the withholding and payment to the relevant revenue authorities of any taxes it may incur or be required to withhold as a result of Orders with Korridor or the Providers.
  5. INTELLECTUAL PROPERTY
    • The technology and software underlying the Korridor Platform and the Korridor Services, or distributed in connection therewith, are the property of Korridor. Korridor owns all rights, title, license and interest in and to any and all registered and unregistered intangible property, including marketing material, designs, know-how, trademarks, trade names, brand names, signs, symbols, logos, trade secrets, copyright and patents and any derivatives thereof and all future additions and improvements thereto, in respect of or pertaining to the Korridor Platform and its use and implementation (“Intellectual Property”).
    • Regarding any Provider Services, there may be intellectual property rights in and to any technology, software, trademarks, copyrights, or other materials associated with these Provider Services that may be owned by the respective Providers. Where this is applicable, Korridor does not claim ownership of such Provider’s intellectual property and all rights in the Provider’s intellectual property remain with the respective Providers.
    • The Intellectual Property is protected by applicable copyright, trademark and intellectual property laws. Unauthorised use, reproduction, or distribution of the Platform or the Services, or any portion thereof, is strictly prohibited and may result in severe civil and criminal penalties for the Customer.
    • The Customer’s access to the Korridor Platform and resultant acceptance of these Terms and Conditions means that the Customer agrees to provide Korridor with a non-exclusive, fully paid-up, irrevocable, perpetual and worldwide licence to reproduce and use all information provided, including any third party material, for the purposes of the Korridor Platform, which may include analysis and promotion.
  6. INFORMATION WE PROVIDE ON THE PLATFORM
    • All information on Korridor Platform (whether provided by Korridor or by a third party) is provided “as is”.
    • Some information on the Korridor Platform is provided by third parties. Korridor does not control this information and do not warrant or guarantee that it is correct or suitable for anything.
    • Korridor will not be held directly or indirectly responsible for any loss that may result from the Customer’s reliance on any information provided on the Korridor Platform.
  7. FEATURES
    • The Platform may introduce new features, updates, or enhancements (“Feature Enhancements”) from time to time. While Korridor endeavours to ensure that all Feature Enhancements are functional and beneficial, the User acknowledges and agrees that:
      • Korridor does not make any representations or warranties, whether express or implied, regarding the performance, availability, reliability, or suitability of any Feature Enhancements.
      • You agree that your use of or reliance on any Feature Enhancements is at your sole risk. Korridor shall not be liable for any loss, damage, or adverse effects arising out of or related to the User’s reliance on, or use of, any Feature Enhancements.
      • Korridor reserves the right to modify, suspend, or discontinue any Feature Enhancements at any time without prior notice. Korridor shall not be liable for any consequences arising from such modifications, suspensions, or discontinuations.
    • The Platform may incorporate artificial intelligence (AI) and machine learning technologies to enhance user experience, optimise performance, and to enhance accuracy of the Services. The User will not be granted access to such technologies and Korridor shall be exclusively responsible for complying with any terms and conditions provided by the supplier(s) of such technologies.
  8. SECURITY
    • Korridor aims to keep the Korridor Platform and associated services available and running. However, all online services suffer occasional disruptions and outages. Korridor will not be liable in any manner whatsoever for any outage or disruption to services, regardless of the cause of the disruption or outage.
    • The Customer must use and update hardware and software (computer equipment and programs) suitable for the Korridor Platform and for the Services. If the Customer does not, the Korridor Platform may not work properly, which could decrease functionality and increase the Customer’s risk.
    • If Korridor offers any software to the Customer on or through the Korridor Platform, the licence agreement will be between the Customer and the third party software licensor (owner). The Customer indemnifies Korridor against any breach of a software licence. Korridor does not expressly or implicitly warrant that any software is of good quality or suitable for its purpose.
    • Information sent over the Internet, including by email, can be accessed, seen or changed by unauthorised parties. Korridor takes the Customer’s privacy and the security of its information very seriously and have applied various security controls to protect the Korridor Platform from unauthorised access as explained in Korridor’s privacy statement. However, the internet is an unsecure public network and there is always a risk that the Customer’s interactions, communications or transactions can be seen, intercepted or modified by third parties. Korridor is not responsible for any loss or damage the Customer may suffer if its information is accessed, seen or changed by an unauthorised party. By using the Korridor Platform, the Customer acknowledges and accepts these risks.
  9. AVAILABILITY
    • Korridor has the right to change or discontinue (temporarily or permanently) the Korridor Platform (or any part of it). Korridor may also limit any or all Services, features or functions, and may restrict access to all or parts of the Korridor Platform.
    • Korridor will not be liable for any loss or damage that the Customer may incur as a result of action taken in terms of this clause.

4. OTHER KORRIDOR TERMS

  • Korridor may from time to time publish on its website (at https://korridor.com/), polices and notices relating to the Korridor Platform such as a privacy notices (available at https://korridor.com/privacy-notice/), cookie policies, acceptable use policy etc. Korridor may, without notice to the Customer, amend and/or update any such policy or notice without prior notification to the Customer, however any such update will be made available on the Korridor Platform. The Customer shall be responsible for keeping itself informed of and adhering to any changes to the policies and notices made available on the Korridor website.

5. ACKNOWLEDGMENTS, REPRESENTATIONS AND WARRANTIES

  • The Customer expressly acknowledges, represents and warrants, to and in favour of Korridor, that:
    • the use of the Korridor Platform and Services is entirely at the Customer’s own risk;
    • Korridor does not warrant, endorse, guarantee, or assume responsibility for any Provider Services;
    • in entering into these Terms and Conditions, the Customer has not relied on any representation or information other than what is contained herein;
    • the information provided by the Customer for the purpose or otherwise in terms of these Terms and Conditions and on the Korridor Platform are both true and correct, and are material terms of these Terms and Conditions; and
    • it has the power and authority to enter into and perform under these Terms and Conditions.
  • Korridor does not warrant that the Korridor Platform or the provision of Services will be uninterrupted, complete, timely, secure, error free, useful to the Customer, of satisfactory quality or fit for a particular purpose.
  • Korridor makes no warranties or representations and assumes no liability or responsibility in respect of:
    • malware, viruses, trojans, or the like which may be transmitted to or through Korridor Platform;
    • any unauthorised access to or use of the Korridor servers and/or any and all Personal Information and/or financial information stored therein; or
    • personal injury, data breaches or damage to property damage, of any nature whatsoever, resulting from the Customer’s access to and use of the Services or the Korridor Platform.
  • Notwithstanding that Korridor does not warrant or give any guarantees to the Customer in respect of:
    • the quality or quantity of Services procured or acquired through the Korridor Platform;
    • the conduct of the Provider’s or the Customer’s Personnel; or
    • the safety of Customer’s or the Provider or their Personnel or properties during the operation of these Terms and Conditions,

the Customer shall at all times resolve disputes with Providers in relation to these Terms and Conditions through Korridor, unless otherwise determined by Korridor.

  • The Customer releases Korridor and its Personnel from any and all claims, losses, demands and damages (actual and consequential) of every kind arising out of or in any way related to such disputes. Liability for Provider Services shall be solely between the Customer and the relevant Provider.

6. CONDITIONS OF ENGAGEMENT

  • Although Korridor will do everything reasonably within its powers to ensure that the Customer’s funds are made available timeously and in the correct currency as may be required by the Customer and that the Korridor Platform will be operational, the Customer accepts that Korridor may not be in control of all the circumstances surrounding the availability of the Korridor Platform (including technical issues, third-party service interruptions, or force majeure events), or the provision of Services (including in situations involving enroute payouts, cash availability constraints, or delays in clearing or settlement processes necessary for Service fulfilment).
  • Korridor shall render the Services relying on Customer Information provided and shall not be responsible for any damage, loss, injury or death suffered by the Customer, Provider or any third party as a result of or otherwise attributable to inaccurate, incomplete or fraudulent Customer Information. Customer is responsible for providing Korridor with up-to-date Customer Information.
  • Korridor reserves the right to modify, from time to time, or discontinue the Services (or any part thereof) with or without notice.

7. LIMITATIONS OF LIABILITY

  • Save as contemplated in clause 18.4, Korridor shall not be liable for any damages or losses based on a claim arising out of or in any way connected with the Services, the use of the Korridor Platform or the KTX, failure by the Customer to comply with any of its obligations and warranties in these Terms and Conditions, or in respect of any other matter relating to this these Terms and Conditions, whether based on contract, delict, strict liability or otherwise.
  • Subject to the provisions of clause 16.4, each Party shall indemnify, defend and hold the other Party harmless from all liabilities, damage, costs and expenses (including, without limitation, attorneys fees) that such Party may suffer, sustain or become subject to as a result any misrepresentation or breach of warranty, covenant or not fulfilling its obligations in terms of this Agreement of the indemnifying Party or any liabilities, damage, costs and expenses (including, without limitation, attorneys fees) caused due to the indemnifying Party’s gross negligence or wilful misconduct in performance of its obligations under this Agreement.
  • Neither Party shall be liable for any loss of profits, goodwill, revenue, or any special, indirect or consequential loss and such liability is excluded whether it is foreseen, foreseeable, known or otherwise.
  • In addition to the foregoing limitations and exclusions, in the unlikely event that it is found that Korridor is liable for any damages or losses then Korridor or its Affiliates, its other service providers, agents, employees, contractors and assigns shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages beyond the value of the Order giving rise to the claim.

8. PRIVACY AND DATA PROTECTION

  • For the purposes of this clause 19, the term “process” shall include the collection, receipt, recording, organising, collation, storage, updating, alteration or use.
  • If either Party discloses Personal Information to the other Party (whether directly or through another party) under these Terms and Conditions, it must ensure that it is legally permitted to do so. The Party disclosing the Personal Information warrants that it has the authority to provide the Personal Information in connection with these Terms and Conditions and that any Personal Information provided by it has been processed in accordance with the applicable Data Protection Laws.
  • The Customer’s (and its Personnel) Personal Information shall only be processed in accordance with the provisions of any applicable laws regulating the use of the Customer’s Personal Information and only for the purposes of these Terms and Conditions, for lawful purposes and (where applicable) subject to the Customer’s consent.
  • Korridor shall implement reasonable technical and organisational measures to secure the integrity and confidentiality of the Customer’s (and its Personnel) Personal Information as well as prevent loss, damage, and unauthorised or unlawful access thereto.
  • The Customer hereby authorises Korridor and/or any third-party service provider engaged by Korridor to collect, use, store, analyse, reproduce, publish, and adapt (either on its own or through third party service provider) the information in relation to the Customer’s use of the Korridor Platform, for the purpose of data analysis and for improving the Customer’s experience of the Korridor Platform.
  • The Customer grants Korridor a non-exclusive, worldwide, royalty-free licence to use the Customer’s name and logo for the purpose of identifying the Customer as a user of the Korridor Platform in Korridor’s marketing and promotional materials, including on its website, social media, and in presentations and case studies. Korridor shall use the Customer’s name and logo in accordance with any branding guidelines provided by the Customer and shall not suggest the Customer endorses Korridor or its services without the Customer’s prior written approval. The Customer may withdraw this consent at any time by providing written notice to Korridor, in which case Korridor will cease any new use of the Customer’s name and logo within a reasonable time.
  • Processing of sensitive or special categories of Personal Information
    • As an enhanced security feature, the KTX uses biometric information to authenticate the identity of Persons using or transacting through or otherwise interacting with the KTX. All the Customer’s Personnel who use or transact through or interact with the KTX will be required to register their biometric information on the KTX to authenticate their identity. In compliance with applicable Data Protection Laws, before processing biometric information, Korridor will require the Customer’s Personnel to consent to Korridor processing their biometric information in accordance with the practices, terms and conditions set out in Korridor’s privacy notice, as amended from time to time.
    • The Customer therefore acknowledges and agrees that in order to give effect to the purpose of these Terms and Conditions, particularly to enable its use of the KTX to process Order Requests and complete Orders, it and/or its Personnel will be required to provide Korridor with sensitive or special categories of Personal Information, specifically biometric information.
    • More information about Korridor’s processing of Personal Information under this Terms and Conditions is set out in Korridor’s privacy notice at https://korridor.com/privacy-notice/. The terms of Korridor’s privacy notice are hereby incorporated by reference and by accessing and using the Korridor platform through the Authorised Customer Users, the Customer accepts and consents to the terms set out in Korridor’s privacy notice.
    • In the event of a conflict between a provision of these Terms and Conditions and the terms of Korridor’s privacy notice, as regards Korridor’s processing of Personal Information under these Terms and Conditions, the terms of Korridor’s privacy notice shall prevail and have precedence.
  • Marketing and Direct Marketing

The Customer acknowledges that, while using the Korridor Platform, they and their Personnel may be shown contextual prompts or personalised promotions (e.g., banner cards, sidebar recommendations, or smart suggestions) relating to Korridor Services, Additional Korridor Services, or related product or service offerings.

  • In‑Platform Upselling and Interest‑Based Promotions
    • These contextual prompts are part of the Platform’s core functionality and are designed to enhance user experience by recommending relevant Korridor Services or features based on real-time activity within the Platform. Such prompts are not considered “advertising” for the purposes of Data Protection Laws.
    • Korridor relies on its legitimate interest to provide these in-platform recommendations and does not offer a global opt-out, although users may dismiss individual prompts as they appear.
    • Korridor may also display promotional content within the logged-in Platform environment that is personalised based on a Customer’s historical activity, preferences, or profile information. Korridor relies on its legitimate interest to provide such interest-based promotions, in accordance with applicable Data Protection Laws.
    • Customers may request to opt out of receiving interest-based promotions at any time by contacting Korridor via https://korridor.com/contactus/.
  • External Direct Marketing (Email, SMS, Push Notifications)
    • Korridor shall only send Direct Marketing communications outside the Platform (including promotional emails, SMS messages, or push notifications) where the Customer or its Personnel has provided prior opt-in consent, obtained and managed in accordance with applicable Data Protection Laws.
    • Withholding or withdrawing consent to receive external Direct Marketing, or opting out of in-platform upselling and interest-based promotions, will not affect the Customer’s access to or ability to use the Korridor Platform or any Services.
  • Effect of Withholding or Withdrawing Consent
    • Withholding or withdrawing consent to receive external Direct Marketing, or opting out of in-platform interest-based promotions, may affect the availability or functionality of certain features that depend on such communications, but will not otherwise restrict lawful access to the Korridor Platform or core Services..

9. HYPERLINKS

  • The Customer may create a hyperlink to the Korridor Platform and/or content on the Korridor Platform, but Korridor will not be liable for any loss, damage, cost or expense of any nature whatsoever incurred as result thereof, whether by the Customer or any third party. The Customer may not alter any content on the Korridor Platform, imply that Korridor or the Korridor Platform endorses your platform or its contents or any products or services on your platform or reproduce or reformat any files, pages, images, information or content from the Korridor Platform in any form whatsoever without Korridor’s prior written consent, which Korridor may withhold at its sole discretion.
  • The Korridor Platform may contain hyperlinks to other platforms. However, a link to another platform does not imply that Korridor either endorses or recommends any information, products or services offered on or through the other platform or that the material on any linked platform does not infringe the intellectual property rights of any person. Korridor does not authorise the reproduction of material on linked platforms. The Customer must make its own enquiries and decisions about the accuracy and reliability of any information and the suitability of products or services on any linked platform.
  1. BREACH AND TERMINATION
    • If any Party to these Terms and Conditions is in breach of any material provision of these Terms and Conditions and fails to remedy such breach or failure within seven (7) days of having received written notification from the other party, the aggrieved Party shall, in addition to any other remedies available to it in law, be entitled to cancel the Agreement, institute legal action to remedy the breach, claim damages or claim specific performance. The successful Party shall be entitled to claim the costs of such action on the highest permissible scale.
    • Either Party may terminate these Terms and Conditions at will on thirty (30) calendar days written notice to that effect.
    • The provisions of clause 4.2.1, 2.2 and 4.2.3 will apply to the termination of these Terms and Conditions.

10. NOTICES AND COMMUNICATIONS

  • Korridor will communicate with the Customer through suitable means if Korridor needs to contact the Customer.
  • The Customer agrees to receive contractual, notice and / or legal communications from Korridor in an electronic form through the email address supplied by the Customer Administrator for registration and they will have the same legal effect as if in paper form.
  • Emails to Korridor or messages on the Korridor Platform will not be considered valid legal notice to Korridor. Legal notice must be in writing Block 9A & 9B, Cascavelle Business Park, Petite Rivière Noire Road, Cascavelle, 90522, Mauritius, and copy marked sent to legal@korridor.com during ordinary business hours.
  1. DISPUTE RESOLUTION
    • In the event of a dispute arising pursuant to these Terms and Conditions, the Parties shall in the first instance attempt to resolve amicably between the Parties. The Parties shall escalate disputes to their respective chief executive officers or representatives having similar roles and seniority (regardless of the title used) for resolution. Should the chief executive officers and/or such senior representatives referred to above fail to resolve the dispute referred to them within fifteen (15) days (or such other longer period as the Parties may agree), the Parties agree to attempt to resolve the dispute by arbitration.
    • If the dispute is not resolved by the representatives as envisaged in clause 21.1, the dispute may be referred to and will accordingly be resolved by way of arbitration at the instance of either Party. They Parties may by agreement appoint a third party to act as an arbitrator in adjudication of the dispute. The Parties agree that:
      • the arbitration shall be conducted in accordance with the provisions of the Arbitration Foundation of Southern Africa (“AFSA”) Rules for commercial arbitration.
      • the arbitrator shall be an advocate of the Johannesburg Bar Council of not less than ten (10) years in practice. Should the Parties not be able to agree on the arbitrator, then the arbitrator shall be selected by the chairman for the time being of the Johannesburg Bar Council.
      • the arbitration shall be held in Johannesburg, or such other location as may be agreed between the Parties.
      • any arbitration, including any appeal proceedings, shall be conducted in camera and the Parties shall treat as confidential details of the dispute submitted to arbitration, the conduct of the arbitration proceedings and the outcome of the arbitration; and
      • the arbitrator will be obliged to give written reasons for the award.
    • Unless agreed otherwise by the Parties, the costs of the arbitration, including administration fees of the Johannesburg Bar Council, the mediator’s fees and all other expenses of the mediation, shall be borne in equal proportions by the parties.
    • If the parties fail to resolve the dispute by way of arbitration, then that dispute may be submitted to a court with competent jurisdiction by either Party.
    • Nothing contained in these Terms and Conditions prevent either Party from applying to a court with competent jurisdiction for urgent or interdictory relief.
    • This clause will survive the termination of these Terms and Conditions.

11. GENERAL

  • Korridor shall be entitled to cede, delegate, assign or sub-contract its rights, responsibilities and obligations in these Terms and Conditions to any third party without the consent of the Customer. The Customer shall be entitled to cede, delegate, assign or sub-contract its rights, responsibilities and obligations in these Terms and Conditions to any third party only with the prior written consent of Korridor.
  • These Terms and Conditions shall be governed by the laws of the Republic of South Africa.
  • Any claim arising from these Terms and Conditions must first be by means of the dispute resolution mechanisms set out in clause 23.
  • Subject to clause 3, these Terms and Conditions (as read together with any other applicable terms or agreement Korridor may have with you) contain the entire agreement relating to the subject matter hereof.
  • All the provision of these Terms and Conditions are severable, the one from the other, and if at any time any provision is or becomes or is found to be illegal, invalid, defective or unenforceable for any reason by any competent court, the remaining provisions will continue to be of full force and effect.