Terms of Use

1. About Modifly

Modifly (Pty) Ltd is a South African technology company providing consulting, software engineering, cloud, and connectivity services through its specialist divisions.

This website provides general information about our business and enables enquiries. Website content does not, by itself, create a client engagement or professional appointment unless confirmed in a separate written agreement.

2. Eligibility and acceptable use

You may use this website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the website in any way that violates South African law or the rights of others
• Attempt to gain unauthorised access to systems, accounts, or networks connected to the website
• Interfere with or disrupt the website, servers, or networks
• Transmit malware, spam, or harmful code
• Scrape, harvest, or systematically extract content except as permitted by law or with our prior written consent
• Misrepresent your identity or affiliation when submitting enquiries

3. Intellectual property

All content on this website — including text, graphics, logos, icons, images, video, software, design, and compilation — is owned by or licensed to Modifly and is protected by South African and international intellectual property laws.

You may view and print limited extracts for personal or internal business evaluation. You may not copy, modify, distribute, commercially exploit, or create derivative works from website content without our prior written permission, except where fair dealing or another statutory exception applies.

“Modifly”, related division names, and associated logos are trade marks or brand identifiers of Modifly or its licensors. No licence is granted except as expressly stated.

4. Enquiries and communications

Information submitted through contact forms, email, telephone, WhatsApp, or other channels is handled in accordance with our Privacy Policy.

Submitting an enquiry does not oblige us to enter into any contract. Any services engagement will be subject to separate terms, proposals, statements of work, or master agreements.

5. No professional advice

Website content is provided for general information only and should not be relied on as legal, financial, technical, or other professional advice. You should obtain advice appropriate to your circumstances before making decisions.

6. Third-party links and services

The website may contain links to third-party websites or services, including Modifly division sites operated under separate brands. We are not responsible for the content, availability, or practices of third-party sites. Accessing them is at your own risk.

7. Disclaimer of warranties

To the maximum extent permitted by South African law, the website and its content are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability.

Nothing in these Terms excludes or limits any warranty or right that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 or other mandatory South African law, where applicable.

8. Limitation of liability

To the maximum extent permitted by law, Modifly and its directors, employees, and agents are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, business, or goodwill, arising from your use of or inability to use the website.

Our total aggregate liability arising out of or relating to website use is limited to ZAR 1,000, except where liability cannot be limited by law (including liability for gross negligence or wilful misconduct where such limitation is prohibited).

9. Indemnity

You agree to indemnify and hold harmless Modifly from and against claims, losses, liabilities, and expenses (including reasonable legal fees) arising from your misuse of the website, violation of these Terms, or infringement of any third-party rights, to the extent permitted by law.

10. Electronic communications (ECTA)

You agree that agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by the Electronic Communications and Transactions Act 25 of 2002.

11. Privacy and cookies

Our collection and use of personal information is described in our Privacy Policy. Use of cookies and similar technologies is described in our Cookie Policy.

12. Changes

We may amend these Terms at any time by publishing an updated version on this page. The “Last updated” date will be revised accordingly. Continued use of the website after changes constitutes acceptance of the updated Terms, to the extent permitted by law.

13. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa.

Subject to any mandatory consumer protections that may apply, any dispute arising out of or in connection with these Terms or the website shall be subject to the exclusive jurisdiction of the South African courts, and you consent to the jurisdiction of the High Court of South Africa (Gauteng Division, Johannesburg), without prejudice to our right to institute proceedings in any other competent court.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15. Contact

For questions about these Terms, contact Modifly (Pty) Ltd at admin@modifly.co.za or +27 (0)63 712 9334.