1. DEFINITIONS AND INTERPRETATION
1.1. “The Company” refers to BROWZOR, based in South Africa.
1.2. “The Person” (also referred to as “The User”) means any legal subject who accesses this website or engages the Company’s services. This includes, without limitation:
- Natural Persons: Individuals, sole proprietors, and freelancers.
- Juristic Persons: Registered companies (Pty Ltd, LLC, Corp), Close Corporations, and Partnerships.
- Other Entities: Trusts, non-profit organisations, franchises, and Organs of State/Government bodies.
1.3. Interpretation: In these Terms, the singular includes the plural, and a reference to any “person” includes both natural and juristic persons regardless of their country of registration.
2. GOVERNING LAW AND JURISDICTION
2.1. Choice of Law: These Terms shall be governed by, and construed in accordance with, the laws of the Republic of South Africa.
2.2. International Arbitration: Any dispute arising out of or in connection with this agreement shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (AFSA).
2.3. Seat: The seat of arbitration shall be Cape Town, South Africa, and the language of the proceedings shall be English.
2.4. Debt Collection: Notwithstanding the above, the Company reserves the right to seek interim relief or collect outstanding debts in any court of competent jurisdiction where the Client is located.
3. FORCE MAJEURE (EVENTS BEYOND CONTROL)
3.1. Neither Party shall be liable for any failure to perform its obligations where such failure results from a cause beyond its reasonable control.
3.2. For the purposes of this agreement, Force Majeure specifically includes, but is not limited to:
- Acts of God, fire, flood, or pandemic.
- Infrastructure Failure: Protracted national power outages (load shedding), undersea cable breaks, or international telecommunications failures.
- Cyber Events: Large-scale cyber-attacks or third-party platform outages (e.g., AWS, Google Cloud, Internet Service Provider, Hosting Provider etc.).
4. SEVERABILITY
4.1. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator, that provision shall be severed from the remaining Terms.
4.2. The remainder of the Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
5. LIMITATION OF LIABILITY
5.1. To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, or consequential damages arising from the use of the services by the Client, regardless of the Client’s jurisdiction.
6. THE SETUP OFFER AND CUSTOM DELIVERABLES (INCLUDING: REFUND AND CANCELLATION POLICY)
6.1. Nature of Service: The “Setup Offer” involves the creation of a unique, personalised QR code and associated design asset (“The Asset”). Each Digitised Premises has its own design, and only one of which exists. Any changes will require the complete removal and replacement of a new “Setup Offer”.
Included in “The Setup Offer” includes a full year of hosting of the Basic listing with its original and intended destination URL-page/tour. This listing is a fully DIY project and is at the sole discretion and under full control of the Person.
6.2. Ownership: Upon successful payment and delivery, the Asset become the intellectual property of the User or the Person.
6.3. No-Refund Policy: Due to the bespoke, digital, and personalised nature of the Asset, the Setup Offer is provided on a non-refundable basis. Once the order is placed and the design process has commenced, the Client agrees that the transaction is final.
6.4. Acceptance “Without Recourse”: By accepting the Setup Offer, the Client agrees to receive the Asset “Without Recourse.” This means the Client accepts the Assets in their delivered state and waives any right to claim a refund, reversal, or damages, provided the Assets function as a standard QR code and match the agreed-upon design brief.
6.5. Statutory Exception: This clause does not affect your rights regarding “defective” goods under the South African Consumer Protection Act (CPA) or similar international consumer laws, limited strictly to technical failure of the QR code itself. In the case of a “defective” QR code (Does not properly link to the intended URL), the USER or the Person has the right to request a new QR code without penalty of any sort. This does NOT apply if the destination URL is unresponsive, not active, has been deleted, has a 404 notice or is a non-working destination in any and all circumstances, including the stop or broken, third-party services. The exception only applies to the working capacity of the QR code itself, and in the condition as it was provided. Browzor will assist at its own discretion.
7. ADDITIONAL PRODUCTS/SERVICES
As the User or the Person owns their representation on Browzor, any & all additional products/services/features or benefits offered as optional to the User or the Person, either by Browzor or any third party, without exception, will have the same Terms of Service as The Setup in relation to Browzor, unless otherwise stated.
With regards to additional products/services on top of the Asset, please refer to the Pricing Page available at https://browzor.com/pricing and these may be charged as described.