Website Terms & Conditions
Table of Contents
- Acceptance of Terms
- Website Use and Access
- Service Enquiries and Requests
- Quotations and Proposals
- Pricing and Payment
- Intellectual Property Rights
- Website Availability and Maintenance
- External Links and Third-Party Content
- Acceptable Use of Website
- Your Obligations as a User
- Limitation of Liability
- Indemnification
- Force Majeure
- Governing Law and Jurisdiction
- Entire Agreement
- Amendment of Terms
- Severability
- Contact Details
1. ACCEPTANCE OF TERMS
1.1 Agreement to Terms
By accessing or using the Isango Enterprises website (https://www.isangoenterprises.co.za) (the "Website"), you agree to be bound by these Website Terms & Conditions (the "Terms"), our Privacy Policy, our POPIA Compliance Notice, our Cookie Policy, and our Website Disclaimer.
If you do not agree to these Terms, you must immediately stop using the Website. Your continued use of the Website after any modification to these Terms constitutes your acceptance of the modified Terms.
1.2 Parties
These Terms constitute a binding agreement between:
(a) Isango Enterprises (Pty) Ltd, a private company incorporated under the laws of South Africa (Registration Number 2026/472055/07), with head office at 3 Connaught Avenue, Selborne, East London, Eastern Cape, 5201 ("we", "us", "our", "Company"); and
(b) You, any natural or juristic person accessing or using the Website ("you", "your", "User").
1.3 Legal Capacity
By using the Website, you confirm that:
(a) You are legally capable of entering into binding agreements;
(b) If you are a minor (under 18 years of age), you are using the Website with parental or guardian consent and supervision;
(c) If you are acting on behalf of a legal entity, you have authority to bind that entity to these Terms;
(d) You are not using the Website for any unlawful purpose;
(e) You are not prohibited by law from using the Website or entering into these Terms.
1.4 Scope of Agreement
These Terms apply to:
(a) Your access to and use of the Website;
(b) Your use of our online forms (contact forms, enquiry forms, quote request forms);
(c) Your communication with us through the Website;
(d) Your request for quotations, proposals, and information about our services;
(e) Any services you may subsequently engage.
These Terms do not apply to:
(a) Offline transactions or communications;
(b) Services not delivered through or relating to the Website;
(c) Legal matters governed by separate written agreements.
2. WEBSITE USE AND ACCESS
2.1 License and Use
We grant you a limited, non-exclusive, non-transferable license to access and use the Website for lawful purposes only, in accordance with these Terms. This license is revocable at any time at our sole discretion.
2.2 Permitted Use
You may use the Website to:
(a) Browse and review information about our services (Catering, Supply & Delivery, Business Development, and Electrical & Solar);
(b) Request information or quotations about our services;
(c) Submit enquiries or contact us regarding our services;
(d) Access downloadable documents, if any;
(e) Perform lawful activities consistent with the Website's intended purpose.
2.3 Prohibited Activities
You may not use the Website to:
(a) Engage in illegal activity — Conduct, encourage, or promote any illegal, fraudulent, or harmful activity;
(b) Violate rights — Violate the intellectual property rights, privacy rights, or other legal rights of anyone;
(c) Harass or threaten — Send harassing, defamatory, abusive, or threatening communications;
(d) Introduce malware — Introduce viruses, malware, spyware, or other harmful code to the Website;
(e) Unauthorized access — Attempt to access, use, or manipulate areas of the Website you are not authorized to access;
(f) Interfere with systems — Attempt to interfere with, overload, disable, or damage the Website's systems or servers;
(g) Unauthorized collection — Scrape, crawl, or automatically collect data from the Website without authorization;
(h) Misrepresentation — Provide false, misleading, or fraudulent information;
(i) Impersonation — Impersonate any person or organization;
(j) Commercial use — Use the Website for commercial purposes (reselling, marketing, etc.) without authorization.
2.4 Website Access Methods
You agree to access the Website only through:
(a) Direct web browser access to https://www.isangoenterprises.co.za;
(b) Official links from authorized sources.
You will not access the Website using automated tools, bots, crawlers, or scripts, except where explicitly authorized by us.
2.5 Interruptions and Temporary Unavailability
We do not guarantee that the Website will be available 24/7 without interruption. The Website may be unavailable due to:
(a) Scheduled maintenance;
(b) System updates or upgrades;
(c) Technical issues or failures;
(d) Events beyond our control (see Section 13 — Force Majeure).
We will make reasonable efforts to minimize interruptions and notify you of scheduled maintenance where practicable. However, we do not guarantee uninterrupted access, and we are not liable for losses caused by temporary unavailability (see Section 11 — Limitation of Liability).
3. SERVICE ENQUIRIES AND REQUESTS
3.1 Enquiry Process
If you wish to enquire about our services, you may:
(a) Complete our online enquiry form on the Website;
(b) Complete our quote request form for specific service quotations;
(c) Contact us via email at info@isangoenterprises.co.za;
(d) Contact us via telephone at +27 (0)87 801 2919.
3.2 Information You Provide
When you submit an enquiry, you may be asked to provide personal information including:
(a) Your full name;
(b) Your company name (if applicable);
(c) Your contact details (email and telephone);
(d) Details of your enquiry or service requirements;
(e) Project information, timelines, and specifications.
Your Responsibility: You are solely responsible for ensuring that all information you provide is:
(a) Accurate — factually correct and truthful;
(b) Complete — containing all information necessary for us to understand your enquiry;
(c) Truthful — not misleading or deceptive;
(d) Lawful — not relating to illegal activities or transactions.
We are not liable for losses arising from inaccurate, incomplete, or misleading information you provide.
3.3 Our Response
We will make reasonable efforts to:
(a) Respond to your enquiry within 2 business days;
(b) Provide information about relevant services;
(c) Clarify any aspects of our services;
(d) Arrange consultations or site visits if necessary.
However, we do not guarantee response times, particularly during high-volume periods or external disruptions. We will respond as promptly as is reasonably practical.
3.4 Email and Written Communication
Communications via email and contact forms are not encrypted unless otherwise specified. While we implement security measures, email is not a completely secure medium. You should not send sensitive information (credit card numbers, banking details, passwords) via email. If you must send sensitive information, we will advise you of secure methods.
3.5 Scope of Enquiry
Your enquiry should relate to our services:
(a) Catering — freshly prepared food and professional catering services;
(b) Supply & Delivery — procurement, storage, and logistics;
(c) Business Development — business planning, branding, digital systems, and website design;
(d) Electrical & Solar — electrical installations, solar systems, and backup power.
We may decline to respond to enquiries that fall outside our service scope or relate to illegal activities.
4. QUOTATIONS AND PROPOSALS
4.1 Nature of Quotations
Any quotation, proposal, or estimate provided by us (a "Quotation") is:
(a) Not binding — A Quotation is an invitation for you to make an offer, not a binding contract;
(b) Based on information provided — Quotations are based on the information you have provided. If information is inaccurate or incomplete, the Quotation may be invalid;
(c) Valid for limited period — Unless otherwise stated, Quotations are valid for 30 days from the date of issue;
(d) Subject to conditions — Quotations are subject to these Terms and any terms stated in the Quotation itself.
4.2 Quotation Process
Our quotation process typically includes:
(a) Initial Enquiry — You provide information about your needs;
(b) Our Assessment — We assess your requirements and any necessary site visits or consultations;
(c) Quotation Preparation — We prepare a detailed quotation with scope, timeline, and pricing;
(d) Quotation Delivery — We send the Quotation to you;
(e) Acceptance — If you wish to proceed, you formally accept the Quotation or we execute a service agreement.
4.3 What Quotations Include
Our Quotations typically include:
(a) Scope of Work — Description of the services to be provided;
(b) Deliverables — What you will receive;
(c) Timeline — Expected dates for completion;
(d) Pricing — Total cost and payment terms;
(e) Assumptions — Conditions on which the Quotation is based;
(f) Terms and Conditions — Applicable to the engagement.
4.4 Quotation Accuracy
We take reasonable care in preparing Quotations. However:
(a) Quotations are estimates based on information available at the time of quotation;
(b) If circumstances change or information is inaccurate, the quotation may require revision;
(c) We are not liable for Quotations that prove to be inaccurate due to information you provide;
(d) If a Quotation is materially inaccurate, we will inform you and provide a revised quotation.
4.5 Quotation Acceptance and Rejection
You may:
(a) Accept the Quotation by explicitly confirming acceptance (in writing or electronically);
(b) Request modifications to the scope, timeline, or pricing;
(c) Reject the Quotation without obligation;
(d) Allow the Quotation to lapse (after 30 days, the Quotation is no longer valid).
If you do not respond within 30 days, we may assume you are not interested and we may remove the Quotation from our system.
4.6 Modified Quotations
If you request modifications to a Quotation, we will:
(a) Assess the impact on scope, timeline, and pricing;
(b) Provide a revised quotation if necessary;
(c) Clearly identify what has changed;
(d) Set a new validity period for the revised quotation.
5. PRICING AND PAYMENT
5.1 Pricing Information
All prices displayed on the Website or quoted are in South African Rand (ZAR) unless otherwise stated. Prices do not include Value Added Tax (VAT) unless explicitly stated. If VAT applies, it will be added to the final invoice at the current statutory rate (15%).
5.2 Price Variations
Our prices may include:
(a) Service costs — Professional fees for services rendered;
(b) Material costs — Cost of materials, products, or supplies (where applicable);
(c) Travel and logistics — Cost of travel, delivery, or site visits (if applicable);
(d) Contingency — A contingency amount for unforeseen circumstances (if applicable).
Prices are valid as stated for the quotation validity period. After expiry, prices may change.
5.3 Payment Methods
We accept payment by:
(a) Electronic Funds Transfer (EFT) — Bank transfer to our designated account.
Note: We do not accept:
(a) Credit card payments (no online payment gateway);
(b) Debit card payments;
(c) Cash payments via the Website;
(d) Cryptocurrency.
5.4 Payment Terms
Payment terms will be specified in your Quotation or service agreement. Typical terms include:
(a) Upon Quote Acceptance — 50% deposit upon acceptance of quotation (for projects);
(b) Upon Completion — Final payment upon completion of services;
(c) Net 30 — Payment due within 30 days of invoice (for ongoing services);
(d) Upfront — Full payment before commencement (for certain services).
5.5 Invoicing
We will issue an invoice detailing:
(a) Quotation reference number;
(b) Scope of services delivered;
(c) Costs breakdown;
(d) VAT (if applicable);
(e) Total amount due;
(f) Payment instructions;
(g) Due date.
5.6 Payment Processing
When you arrange to pay us:
(a) Confirm payment details (our bank account and reference number) with us before transferring funds;
(b) Use the invoice reference number or quotation reference as your payment reference;
(c) Allow 2-3 business days for payment to clear;
(d) Keep proof of payment for your records.
5.7 Late Payment
If payment is not received by the due date:
(a) We may suspend or cancel services;
(b) We may charge interest on overdue amounts (at the rate specified in our service agreement, or at the statutory rate under the National Credit Act if not specified);
(c) We may refer the account to collections;
(d) We may pursue legal action to recover the debt;
(e) Your account may affect your credit rating.
5.8 Disputes About Pricing
If you dispute our pricing or charges:
(a) Notify us in writing within 14 days of receiving the invoice;
(b) Provide detailed reasons for your dispute;
(c) We will investigate and respond within 10 business days;
(d) We will work with you to resolve the dispute.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Website Content Ownership
All content on the Website, including:
(a) Text, graphics, logos, and images;
(b) Video and audio content;
(c) Design, layout, and functionality;
(d) Software and code;
(e) Downloadable documents and templates;
(f) Databases and compilations;
...is owned by Isango Enterprises (Pty) Ltd or our licensors (third parties who have granted us rights). This content is protected by South African and international copyright, trademark, and other intellectual property laws.
6.2 Grant of License
We grant you a limited license to:
(a) View and read content on the Website;
(b) Download documents for personal, non-commercial use;
(c) Print pages for personal reference.
6.3 Prohibited Uses of Content
You may not:
(a) Copy or reproduce Website content (except as permitted above) without our written permission;
(b) Modify or adapt Website content;
(c) Distribute or resell Website content;
(d) Remove notices — remove copyright, trademark, or other proprietary notices;
(e) Use for commercial purposes — use Website content in any commercial activity;
(f) Create derivative works — use Website content to create new works;
(g) Mirror or cache — create a cached or mirrored copy of the Website.
6.4 Trademarks
Isango Enterprises, our logos, and other trademarks are owned by us. You may not:
(a) Use our trademarks without permission;
(b) Use our trademarks in a way that suggests endorsement or affiliation;
(c) Register or attempt to register our trademarks;
(d) Dilute or tarnish our trademarks.
6.5 Your Content
If you submit any content to us (messages, enquiry information, documents), you grant us a license to:
(a) Use your content to respond to your enquiry;
(b) Retain your content in our records;
(c) Use your content to improve our services;
(d) Disclose your content to service providers as necessary.
You confirm that any content you submit:
(a) Is your original work or you have the right to submit it;
(b) Does not violate anyone's intellectual property rights;
(c) Does not contain defamatory, threatening, or unlawful content.
6.6 No License to Third Parties
Your access to Website content does not grant you any license, rights, or interest in the content. The Website content remains our exclusive property. If you wish to use Website content beyond the limited license we have granted, you must request written permission from us.
6.7 Enforcement
We will actively enforce our intellectual property rights. Unauthorized use of our content or intellectual property may result in:
(a) Cease and desist notice;
(b) Legal action for infringement;
(c) Damages and injunctive relief;
(d) Criminal prosecution (in cases of trademark counterfeiting).
7. WEBSITE AVAILABILITY AND MAINTENANCE
7.1 Website Availability
We strive to keep the Website available and functional. However, we do not guarantee:
(a) Continuous availability — the Website may experience outages;
(b) Uninterrupted service — temporary interruptions may occur;
(c) Error-free operation — the Website may contain technical errors or bugs;
(d) Compatibility — the Website may not be compatible with all devices or browsers;
(e) Performance — Website speed or performance may vary.
7.2 Scheduled Maintenance
We may conduct scheduled maintenance to:
(a) Update systems and software;
(b) Enhance security;
(c) Improve functionality;
(d) Perform backups;
(e) Conduct repairs.
Where practicable, we will notify you of scheduled maintenance in advance. Maintenance may require the Website to be temporarily unavailable.
7.3 Unscheduled Maintenance
We may need to conduct emergency maintenance without notice due to:
(a) Security threats;
(b) System failures;
(c) Service provider outages;
(d) Events beyond our control.
We will make reasonable efforts to minimize impact and restore service promptly.
7.4 Website Modifications
We may modify, update, or improve the Website at any time, including:
(a) Changing layout or design;
(b) Adding or removing features;
(c) Changing functionality;
(d) Updating content.
Modifications may require updates to these Terms. We will notify you of material changes.
7.5 No Liability for Unavailability
We are not liable for:
(a) Website downtime or unavailability;
(b) Loss of data due to Website outages;
(c) Inability to access the Website;
(d) Errors or omissions in Website content;
(e) Website performance issues.
(See Section 11 — Limitation of Liability).
7.6 Data Backups
We maintain regular backups of Website data and databases. However:
(a) Backups are not real-time and may lag;
(b) In case of data loss, we can restore data from the most recent backup;
(c) You are responsible for backing up any important information you have submitted to us;
(d) We are not liable for loss of your data.
8. EXTERNAL LINKS AND THIRD-PARTY CONTENT
8.1 Third-Party Links
Our Website may contain links to third-party websites, including:
(a) Websites of service providers or partners;
(b) Social media platforms;
(c) Industry websites or resources;
(d) Government or regulatory websites.
8.2 Disclaimer Regarding Third-Party Content
We provide links for your convenience only. We do not:
(a) Endorse third-party websites or their content;
(b) Control third-party websites or their content;
(c) Review third-party websites for accuracy or legality;
(d) Assume responsibility for third-party content;
(e) Guarantee the security, privacy, or reliability of third-party websites.
8.3 Your Use of Third-Party Websites
When you visit a third-party website:
(a) You are leaving our Website;
(b) You are subject to that website's terms of use and privacy policy;
(c) We are not responsible for your interactions or transactions;
(d) Any losses or disputes are between you and the third party.
You use third-party websites at your own risk.
8.4 No Liability for Third Parties
We are not liable for:
(a) Third-party website availability or content;
(b) Errors or omissions on third-party websites;
(c) Privacy practices of third-party websites;
(d) Fraudulent or illegal activity on third-party websites;
(e) Malware or security threats from third-party websites;
(f) Any loss or damage arising from your use of third-party websites.
8.5 Removal of Links
We may remove links to third-party websites at any time without notice or explanation.
9. ACCEPTABLE USE OF WEBSITE
9.1 General Acceptable Use Policy
You agree to use the Website only for lawful purposes and in ways that do not infringe on the rights of others or restrict their use and enjoyment of the Website. Prohibited conduct includes:
(a) Harassment or abuse — threatening, harassing, or abusing us, our staff, or other users;
(b) Illegal activity — conducting, promoting, or facilitating illegal activities;
(c) Fraud or deception — engaging in fraudulent or deceptive practices;
(d) Intellectual property violation — violating copyright, trademarks, or other IP rights;
(e) Malware — introducing viruses, malware, or other harmful code;
(f) Disruption — interfering with or disrupting the Website or its servers;
(g) Unauthorized access — attempting unauthorized access to systems or information;
(h) Data scraping — automatically collecting data without permission;
(i) Misuse of information — misusing information obtained from the Website;
(j) Spam — sending unsolicited commercial messages.
9.2 Content Restrictions
Any content you submit to the Website (enquiries, messages, documents) must not:
(a) Be defamatory, insulting, or abusive;
(b) Contain threats or harassment;
(c) Be illegal or promote illegal activity;
(d) Violate anyone's rights;
(e) Contain malware or harmful code;
(f) Be excessively vulgar or offensive;
(g) Impersonate someone else;
(h) Contain misleading or false information.
9.3 Compliance with Laws
You agree to comply with all applicable laws when using the Website, including:
(a) South African laws;
(b) Consumer protection laws;
(c) Privacy and data protection laws (POPIA);
(d) Intellectual property laws;
(e) Laws regarding fraud and financial crime.
9.4 Our Monitoring and Enforcement
We reserve the right to:
(a) Monitor Website usage for compliance with these Terms;
(b) Investigate suspected violations;
(c) Remove content that violates these Terms;
(d) Suspend or terminate access for users in breach;
(e) Report serious violations to law enforcement.
However, we are not obligated to monitor all activity or police the Website.
9.5 Reporting Violations
If you become aware of a violation of these Terms, please report it to us at info@isangoenterprises.co.za. Provide details of the violation so we can investigate.
10. YOUR OBLIGATIONS AS A USER
10.1 Accuracy of Information
You are solely responsible for ensuring that any information you provide to us is:
(a) Accurate and truthful;
(b) Complete and not misleading;
(c) Current and up to date;
(d) Lawful and not related to illegal activities.
We are not liable for losses arising from inaccurate, incomplete, or misleading information you provide.
10.2 Use of Information
If you provide personal information about other people (employees, customers, family members):
(a) You must have their consent;
(b) You must have the authority to provide their information;
(c) You acknowledge that their information will be processed according to our Privacy Policy;
(d) You assume responsibility for their consent.
10.3 Security of Your Account
If you create any account or access protected areas:
(a) You are responsible for maintaining confidentiality of your login credentials;
(b) You are responsible for all activity using your credentials;
(c) You must notify us immediately if you suspect unauthorized access;
(d) You agree not to share your credentials with others.
10.4 Lawful Use
You agree to use the Website only for lawful purposes and in compliance with all applicable laws. You agree not to:
(a) Engage in illegal activities;
(b) Violate others' rights;
(c) Interfere with Website operations;
(d) Bypass security measures;
(e) Misuse or misrepresent yourself.
10.5 Compliance with Terms
You agree to comply with these Terms and all policies published on the Website. Violations may result in:
(a) Suspension or termination of access;
(b) Removal of content;
(c) Legal action;
(d) Liability for damages.
11. LIMITATION OF LIABILITY
11.1 General Limitation
To the maximum extent permitted by South African law, Isango Enterprises (and our officers, directors, employees, and agents) will not be liable to you for:
(a) Any indirect, incidental, special, consequential, or punitive damages;
(b) Loss of profits, revenue, data, or business opportunities;
(c) Loss of use or enjoyment;
(d) Loss of goodwill or reputation;
(e) Any damages arising from: - Website unavailability or errors - Loss or corruption of data - Viruses or malware - Third-party content or links - Your use of the Website - Any breach of these Terms
...even if we have been advised of the possibility of such damages.
11.2 Limitation on Direct Damages
Our total liability to you for direct damages (things you can directly measure, like replacement costs) shall not exceed:
(a) The amount you have paid to us in the 12 months preceding your claim; or
(b) If you have paid nothing, R500.
This cap applies to all claims combined, whether based on warranty, contract, tort, or any other legal theory.
11.3 Exceptions to Limitation
We cannot limit our liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) Gross negligence or willful misconduct;
(d) Breach of consumer protection laws;
(e) Liabilities that by law cannot be limited.
11.4 Your Responsibility
You use the Website at your own risk. It is your responsibility to:
(a) Ensure the Website meets your needs;
(b) Obtain appropriate professional advice before acting on Website content;
(c) Back up important information;
(d) Install antivirus and security software;
(e) Keep your devices and software up to date.
11.5 Website Content Disclaimer
Website content is provided on an "as is" and "as available" basis without warranties of any kind, including:
(a) Accuracy or completeness;
(b) Non-infringement of third-party rights;
(c) Fitness for a particular purpose;
(d) Merchantability;
(e) Quality or suitability.
12. INDEMNIFICATION
12.1 Your Indemnity
You agree to indemnify, defend, and hold harmless Isango Enterprises (and our officers, directors, employees, and agents) from and against any and all:
(a) Claims, demands, or legal proceedings;
(b) Damages, losses, or costs (including legal fees);
(c) Liabilities and expenses;
...arising from or related to:
(a) Your breach of these Terms;
(b) Your use of the Website;
(c) Your violation of any law or the rights of others;
(d) Any content you submit;
(e) Your negligence or willful misconduct;
(f) Claims by third parties based on your actions.
12.2 Defense of Claims
We have the right to assume the defense of any claim you are indemnifying us for, at your expense. You agree to cooperate with us in defending any such claim.
12.3 Your Liability
You are liable for:
(a) All costs and damages we incur as a result of your breach;
(b) All third-party claims arising from your use of the Website;
(c) Consequences of your providing false or misleading information;
(d) Infringement of our intellectual property rights.
13. FORCE MAJEURE
13.1 Definition
Force majeure events are circumstances beyond our reasonable control that prevent or delay performance of our obligations, including:
(a) Natural disasters — earthquakes, floods, hurricanes, storms, wildfire;
(b) Acts of God — lightning, extreme weather, volcanic eruptions;
(c) War and civil unrest — war, terrorism, civil war, riots, strikes, lockouts;
(d) Government action — sanctions, embargoes, government orders, regulatory changes;
(e) Pandemics and epidemics — disease outbreaks, quarantines, travel restrictions;
(f) Infrastructure failure — power outages, telecommunications failures, internet outages;
(g) Supplier/third-party failures — failure of our suppliers, service providers, or partners beyond our control.
13.2 Effect of Force Majeure
During a force majeure event, we are not liable for:
(a) Failure to perform our obligations;
(b) Delays in providing services;
(c) Website unavailability;
(d) Loss or damage you suffer as a result;
(e) Late or non-delivery of services.
13.3 Our Obligations During Force Majeure
Even during a force majeure event, we will:
(a) Make reasonable efforts to resume performance;
(b) Notify you promptly of the force majeure event;
(c) Provide updates on expected resumption;
(d) Take steps to mitigate the impact on you;
(e) Resume performance as soon as reasonably possible.
13.4 Force Majeure Does Not Excuse All Obligations
Force majeure does not excuse obligations related to:
(a) Payment of amounts already due;
(b) Data protection and confidentiality;
(c) Indemnification;
(d) Any obligations that do not depend on performance.
13.5 Communication During Force Majeure
If a force majeure event occurs, we will communicate with you about:
(a) The nature and expected duration of the event;
(b) The impact on our services;
(c) Alternative arrangements (if available);
(d) Expected resumption timeline.
14. GOVERNING LAW AND JURISDICTION
14.1 Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.
Applicable legislation includes:
(a) Common law principles of South Africa;
(b) The Constitution of the Republic of South Africa, 1996;
(c) The Consumer Protection Act 68 of 2008;
(d) The Protection of Personal Information Act 4 of 2013;
(e) The Electronic Communications and Transactions Act 25 of 2002;
(f) The National Credit Act 34 of 2005;
(g) Any other applicable South African legislation.
14.2 Jurisdiction
The parties agree to the exclusive jurisdiction of the:
(a) Courts of the Republic of South Africa;
(b) Specifically, the courts in the jurisdiction where Isango Enterprises has its head office (East London, Eastern Cape), or such other court as determined by applicable South African law.
You consent to the jurisdiction and venue of these courts and waive any objection based on inconvenient forum.
14.3 Alternative Dispute Resolution
Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes through:
(a) Negotiation — Direct discussion between the parties;
(b) Mediation — If negotiation fails, the parties may mutually agree to mediation;
(c) Escalation — For serious disputes, either party may escalate to senior management.
14.4 Legal Proceedings
If disputes cannot be resolved through alternative means, either party may commence legal proceedings in the appropriate South African court. The unsuccessful party in legal proceedings may be liable for the successful party's costs, including legal fees.
15. ENTIRE AGREEMENT
15.1 Complete Agreement
These Terms and Conditions, together with our Privacy Policy, POPIA Compliance Notice, Cookie Policy, and Website Disclaimer, constitute the entire agreement between you and Isango Enterprises regarding your use of the Website.
These Terms supersede all prior agreements, understandings, negotiations, and discussions (whether written or oral) between you and us.
15.2 Severability of Terms
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:
(a) That provision will be modified to the minimum extent necessary to make it enforceable;
(b) If the provision cannot be modified, it will be severed and removed;
(c) The remaining Terms will continue in full force and effect;
(d) The severance will not affect the validity of any other provisions.
15.3 No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. A single or partial exercise of any right does not preclude other or further exercises of that right.
15.4 Relationship Between Documents
In the event of conflict between different documents, the order of precedence is:
- Any signed service agreement between the parties
- These Website Terms & Conditions
- Our Privacy Policy
- Our POPIA Compliance Notice
- Our Cookie Policy
- Our Website Disclaimer
16. AMENDMENT OF TERMS
16.1 Right to Amend
We reserve the right to amend these Terms at any time. We may modify the Terms to:
(a) Reflect changes in applicable law;
(b) Respond to new regulatory requirements;
(c) Improve our services;
(d) Clarify terms or fix errors;
(e) Update contact information.
16.2 Notice of Changes
When we make material changes to these Terms, we will:
(a) Update the version number and effective date at the top of these Terms;
(b) Post the revised Terms on our Website;
(c) Notify you via email (if you have provided an email address) of material changes;
(d) Highlight key changes in the notice to you.
16.3 Your Acceptance of Changes
Your continued use of the Website after we publish changes constitutes your acceptance of the amended Terms. If you do not accept the changes, you must stop using the Website.
16.4 No Retroactive Effect
Amendments to these Terms will apply prospectively from the effective date stated. Amendments will not retroactively apply to agreements already made, except as required by law.
17. SEVERABILITY
17.1 Severability Clause
If any term, clause, or provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction in South Africa:
(a) That term will be modified to the minimum extent necessary to make it valid and enforceable;
(b) If it cannot be modified, it will be severed from these Terms;
(c) The remaining terms will continue in full force and effect;
(d) The invalidity or unenforceability of one term does not affect the validity or enforceability of other terms.
17.2 Survival
The following provisions survive termination or expiration of these Terms:
(a) Limitation of Liability (Section 11);
(b) Indemnification (Section 12);
(c) Intellectual Property Rights (Section 6);
(d) Governing Law and Jurisdiction (Section 14);
(e) Any payment obligations;
(f) Any rights we retain.
18. CONTACT DETAILS
18.1 General Contact Information
For questions about these Terms & Conditions, or to notify us of any issues, contact:
Isango Enterprises (Pty) Ltd
Email: info@isangoenterprises.co.za Telephone: +27 (0)87 801 2919 Website: https://www.isangoenterprises.co.za Postal Address: 3 Connaught Avenue Selborne East London Eastern Cape 5201 South Africa
18.2 Information Officer Contact
For data subject rights requests or POPIA-related matters, contact:
Mr Kwakhanya Magutywa Information Officer
Email: POPIA@isangoenterprises.co.za Telephone: +27 (0)87 801 2919
18.3 Response Commitment
We commit to responding to all inquiries and notifications within 5 business days.
19. VERSION HISTORY
| Version | Date | Changes |
|---|---|---|
| 1.0 | 19 July 2026 | Initial publication-ready version |
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