Terms of Service

These Terms are entered into in terms of the Electronic Communications and Transactions Act, 25 of 2002 ("ECTA") and apply in addition to any signed master services agreement, statement of work, engagement letter or proposal between you and Phalandwa. Where there is a conflict, the signed agreement prevails over these Terms in respect of the matters it covers.

Phalandwa (Pty) Ltd is a private company incorporated in South Africa. Our principal email address is hello@phalandwa.com. Additional company details required by section 43 of ECTA are available on request.

You may use the website for lawful purposes only. You agree not to:

• attempt to gain unauthorised access to any part of the website, server, database or related infrastructure;
• use the website to transmit malware, conduct scanning or testing without our prior written consent, or otherwise compromise its security or availability;
• copy, modify, distribute or create derivative works from any part of the website except as expressly permitted by these Terms;
• use the website in a manner that contravenes the Cybercrimes Act, 19 of 2020 or any other applicable law.

All content on the website — including text, graphics, logos, marks, photographs, videos, software and the look and feel — is owned by or licensed to Phalandwa and is protected by South African and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to access and view the content for your personal or internal business use only. All other rights are reserved.

Any cybersecurity advisory, assessment, managed defence or related service is provided exclusively under a separate written agreement that defines scope, deliverables, fees, authorisations, rules of engagement and liability. Nothing on the website constitutes an offer capable of acceptance or authorisation to perform testing against any system. Unauthorised testing is a criminal offence under the Cybercrimes Act.

The website may contain links to third-party websites or resources. We provide these links for convenience only and do not endorse or assume responsibility for third-party content, products or services. Your use of third-party sites is at your own risk and subject to their own terms.

The website and its content are provided "as is" and "as available" without warranties of any kind, whether express or implied, to the maximum extent permitted by law. We do not warrant that the website will be uninterrupted, error-free or free from viruses or other harmful components. Information on the website is general in nature and does not constitute professional, legal or security advice.

To the maximum extent permitted by law, including the Consumer Protection Act, 68 of 2008 where applicable, Phalandwa, its directors, employees and contractors shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill arising out of or in connection with your use of the website. Nothing in these Terms limits any liability that cannot lawfully be excluded.

You indemnify and hold Phalandwa harmless against any claim, loss, damage or expense (including reasonable legal fees) arising from your breach of these Terms or your unlawful use of the Services.

Our processing of personal information is described in our Privacy Policy, which forms part of these Terms.

We may amend these Terms from time to time. The current version will always be published on this page with the revised "Last updated" date. Your continued use of the Services after any change constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the Republic of South Africa. You consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng Division, in respect of any dispute arising out of or in connection with these Terms or the Services.

Questions about these Terms can be sent to hello@phalandwa.com.