Terms and Conditions
Last Updated: 16 June 2025
BROCoded IT (Pty) Ltd GENERAL TERMS AND CONDITIONS
1. Introduction:
These General Terms and Conditions (“Terms”) govern your access to and use of the websites, applications, products and services (collectively, “Services”) provided by Brocoded IT (Pty) Ltd (“Brocoded”, “we”, “us” or “our”). Additional written agreements or policies may apply to particular Services. If there is a conflict, the additional document will prevail for that Service.
2. Acceptance:
By accessing or using any Service you confirm that you are legally capable of entering into binding contracts and that you accept these Terms. If you do not agree, you must not use our Services.
3. Electronic Communications:
You consent to receive all notices, agreements and other communications from us electronically and acknowledge that such communications satisfy any legal requirement that they be in writing.
4. Intellectual-Property Rights:
All content, code, artwork, trademarks and other intellectual property forming part of the Services is owned by, or licensed to, Brocoded.
4.1 Unless we give you prior written permission, you may not copy, modify, distribute, transmit, display, perform, create derivative works from, sell, license or otherwise exploit any content except as expressly allowed by mandatory law.
4.2 Where we expressly authorise you to download or copy content, that licence is limited, non-exclusive, revocable and non-transferable.
5. Your Content:
Certain Services allow you to upload, store or transmit content (“User Content”). You retain all ownership rights in your User Content.
5.1 You grant Brocoded a worldwide, royalty-free licence to host, copy and process your User Content only to the extent required to provide the Services and as otherwise permitted in these Terms and our Privacy Notice.
5.2 You are responsible for ensuring that your User Content is lawful and does not infringe any third-party rights.
6. Responsible Use:
You agree not to use the Services for unlawful purposes, introduce malware, scrape without permission or infringe the rights of others.
7. Age & Eligibility:
The Services are intended for users aged 18+.
7.1 Users aged 13 – 17 may use the Services only with informed parent/guardian consent, who accepts these Terms and is responsible for all acts and omissions.
7.2 We do not knowingly process personal information of children under 13.
8. Data Protection & Privacy:
We process personal information in line with POPIA, its 2025 Regulations and our Privacy Notice, which explains your data-subject rights and how to exercise them ([email protected]).
9. Consumer Rights & Statutory Guarantees:
Nothing in these Terms limits any non-waivable rights under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, POPIA or any other applicable law.
10. Pricing, Taxes & VAT on Electronic Services:
Prices include South African VAT unless stated otherwise. For cross-border digital supplies we comply with the 2025 VAT Regulations and platform-supplier rules.
11. Third-Party Links & Content:
Links to third-party sites and content are provided for convenience; we do not control or endorse them and are not liable for their content or practices.
12. Advertising & Affiliate Marketing:
We may display advertising or receive commissions for affiliate links. Sponsored content is identified in line with applicable law.
13. Warranty Disclaimer:
The Services are provided “as is” and “as available”. We disclaim all warranties, express or implied, to the extent permitted by law.
14. Limitation of Liability:
To the maximum extent permitted by law, Brocoded is not liable for indirect or consequential loss. Aggregate liability per calendar year is capped at the greater of (a) fees paid for the relevant Service or (b) ZAR 10 000.
15. Indemnity:
You agree to indemnify Brocoded against any loss arising from your breach of these Terms or applicable law.
16. Suspension & Termination:
We may suspend or terminate access where we reasonably believe you have breached these Terms or the law. On termination, your licence ends immediately.
17. Force Majeure:
Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations.
18. Assignment:
You may not assign your rights or obligations without our prior written consent; we may assign on notice to you.
19. Changes to Services or Terms:
We may modify the Services or these Terms. Material changes take effect 30 days after posting; continued use constitutes acceptance.
20. Governing Law & Jurisdiction:
These Terms are governed by South African law and subject to the exclusive jurisdiction of South African courts.
21. Dispute Resolution:
Unresolved disputes after 30 days may be referred to mediation under AFSA rules and, failing settlement, to arbitration or court at the claiming party’s election.
22. Notices & Contact Details:
Brocoded IT (Pty) Ltd, 27 Ebury Avenue, Bryanston 2191, South Africa. Email: [email protected] | Deputy Information Officer: [email protected]
23. Change Log:
Version 2025.06 – 16 Jun 2025: Full rewrite (POPIA updates, CPA carve-out, VAT update, liability cap, eligibility clause, dispute process).
Version 2024.01 – 01 Jan 2024: Initial version.
Version 2025.06 – 16 June 2025: Complete Rewal
24. Acknowledgement:
BY ACCESSING OR USING THE SERVICES YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS.
25. Regional Compliance Notices:
25.1 South Africa – POPIA
(a) Deputy Information Officer registered with the Information Regulator.
(b) PAIA manual and POPIA framework available on request.
(c) Section 18 notifications provided when collecting personal information.
(d) Security safeguards and breach-notification obligations observed.
(e) Cross-border transfers comply with Section 72.
(f) Information retained only as long as necessary.
(g) Data-subject rights honoured within statutory timelines.
(h) Complaints may be lodged at [email protected] or with the Information Regulator ([email protected]).
25.2 European Union / EEA – GDPR & Digital Services Act
If we deliberately target or serve users in the EU/EEA, Brocoded will:
• comply with the General Data Protection Regulation (“GDPR”) regarding personal‑data processing; and
• implement notice‑and‑action mechanisms required by the EU Digital Services Act for illegal content.
25.3 United Kingdom – Online Safety Act 2024
Where applicable, we provide a reporting channel for illegal or harmful content and will act on valid notices in accordance with the Online Safety Act.
26. Ethical Use of Artificial Intelligence
26.1 Scope & Purpose
This addendum sets out Brocoded’s commitments when designing, building or integrating Artificial Intelligence (AI) and Machine‑Learning systems across our Services. It complements, and does not override, our Privacy Notice, Terms, POPIA compliance framework and Regional Compliance Notices (Clause 25).