1. Introduction
   1. This website can be accessed at brotherscoffee.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Brothers Coffee (Proprietary) Limited (“Brothers Coffee”, “we”, “us” and “our”).
   2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
   3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
   4. When you use our Website, notwithstanding your geographic location, you do
      so in accordance with these Terms and Conditions and provided that any
      delivery address, including for returns collections, is a delivery address within
      the borders of the Republic of South Africa.
2. Important Notice
   1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
   2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Brothers Coffee or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify Brothers Coffee or a third party; and/or
      4. serves as an acknowledgement, by the user, of a fact.
   3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
   4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Brothers Coffee to explain it to you before you accept the Terms and Conditions or continue using the Website.
   5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Brothers Coffee in terms of the CPA.
   6. Brothers Coffee permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. Returns
   1. If we deliver the wrong item to you, your item arrives damaged on delivery, your item is missing parts, or you changed your mind and you no longer want the item, you must return it to us within 30 days of delivery.
   2. Return packages must be carefully packed to prevent damage during transit.
      You must return the item in its original product packaging with all the accessories and parts included, and all seals must be intact (if applicable). If you don’t, we will not accept the return and will send the item back to you. However, you may log the return again if you can do so with all the missing packaging and parts, but we may charge you a fee for collecting the item from you and, where applicable, a fee for delivering the same or a replacement item back to you.
   3. If we deliver the wrong item to you, your item arrives damaged on delivery, or your item is missing parts, you must return it to us within 30 days of delivery.
      We can replace the item credit your account with the purchase price, or refund you – it’s your choice. However, if we do not have replacement stock available, we’ll rather credit your account.
      
      An item will not be considered as damaged on delivery if, for example, the item:
      • is damaged by you;
      • is damaged due to electrical surges; or
      • works as described on our website, but you’re using it for an unintended purpose.
   4. If you simply changed your mind and you no longer want the item, you must return it to us within 30 days of delivery.
   5. You must return defective items within 6 months of delivery.
      When we receive the item, we’ll inspect it. If we accept the return, you must choose whether we should repair or replace the item, credit your account with the purchase price, or refund you. Keep in mind that not all defects can be repaired, and we may not always have replacement stock available.

A defective item will not be accepted if the item:

• is faulty due to normal wear and tear (that means the normal damage that occurs over time);
• is damaged by you or you didn’t take good care of it;
• is damaged by electrical surges or sea air corrosion (like rust);
• is damaged because you modified it; or
• works as described on our website, but you’re using it for an unintended purpose.

6. You must return the correct item. Please contact us immediately if you have returned the wrong item because we dispose of incorrect returns. We cannot guarantee that we will find your item and unfortunately, we will not pay for lost items. If we find it, you will have to collect it.
7. If we reject your return, we will send the item back to you. If we can’t deliver the item to you within 30 days of its return having been rejected, for example because you are unavailable or you refuse delivery, we will consider the item abandoned and may dispose of it.

4. Registration and use of the website
   1. Only registered users may order Goods on the Website.
   2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Brothers Coffee. You will need to use your unique username and password to access the Website in order to purchase Goods.
   3. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
   4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
   5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
   6. You agree to notify Brothers Coffee immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
   7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
   8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Brothers Coffee representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
   9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
   10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Brothers Coffee representative.
5. Conclusion of sales and availability of stock
   1. Registered users may place orders for Goods, which Brothers Coffee or the Third Party Seller may accept or reject. Whether or not Brothers Coffee or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Brothers Coffee for the Goods.
   2. NOTE: Brothers Coffee or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Brothers Coffee or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Brothers Coffee stating that your order or payment has been confirmed. Brothers Coffee will indicate the rejection of your order (by Brothers Coffee itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
   3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
   4. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Brothers Coffee, Brothers Coffee will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Brothers Coffee will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
   5. In the case of Goods for sale by a Third Party Seller, Brothers Coffee relies on inventory information supplied by the relevant Third Party Seller and Brothers Coffee accordingly bears no liability for any inaccuracies in the information supplied to it.Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
6. Payment
   1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
   2. Whether the Goods are for sale by Brothers Coffee or a Third Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
      1. debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Brothers Coffee will not accept your order if payment has not been received;
      4. Instant EFT;
      5. Brothers Coffee Vouchers;
   3. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
7. Delivery of goods
   1. Brothers Coffee offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
      1. courier; or
      2. self-collection.
   2. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
   3. Where it accepts your order, Brothers Coffee or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
   4. Brothers Coffee’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Brothers Coffee is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
8. Errors
   1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 
9. Gift Vouchers & Coupons
   1. Brothers Coffee may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Brothers Coffee Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
   2. Gift Vouchers
      1. Gift Vouchers that are purchased by registered users are valid for 1 year after Sale. Gift Vouchers that Brothers Coffee gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
      2. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.
      3. Brothers Coffee is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
   3. Coupons
      
      
      1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“FixedCoupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
      2. Coupons are issued in Brothers Coffee’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
      3. As a general rule, and unless specified otherwise on the specific Coupon itself:
         1. a Coupon can only be used if you have a verified mobile number on you brotherscoffee.co.za account;
         2. each Coupon can only be used once;
         3. only one Coupon can be used per order;
         4. where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
         5. a Coupon must be used at check-out – it cannot be used later on existing orders; and
         6. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
      4. Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Brothers Coffee is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
      5. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us to confirm if the Coupon is still valid.  If Brothers Coffee confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
      6. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Brothers Coffee, before you are able to use a Coupon.
   4. Daily Deals and other discounted Goods
      1. From time to time, we may offer certain Goods at discounted prices as part of a Daily Deal, App Only Deal, Bundle Deal or any other temporary deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scopeof a Deal, you will pay the discounted price for that product (the “Deal Price”).
      2. However, if you buy a product in a manner that fallsoutside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
      3. For example: if you buy more than one product in a Daily Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
      4. Bundle Deals
         1. We may from time to time offer bundle deals for sale under the Bundle Deals tab on the Website (“BundleDeals“). Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single bundle.
         2. Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.
         3. A Bundle Deal should be distinguished from a pre-packed bundle compiled by our supplier and supplied to us as a single unit (“Pre-packed Bundles“). Any saving or discount in respect of a Pre-packed Bundle will be applied only to the total bundle price and not to the prices of the individual component products. Please refer to our Returns Policy for information about returning a Pre-packed Bundle.
      5. Online Course Codes
         1. An “Online Course” is a form of distance learning which allows you to develop your skills and knowledge on a certain topic, via the internet. In order to complete an online course, you need to have your own email account and access to the internet. You do not need to attend classes or visit an education campus. On completion, you will typically receive a digital certificate. Some online courses may require you to complete an assessment (also done online) to complete the course. Online Courses are accessible by means of an Online Course Code.
         2. An “Online Course Code” is a unique digital code that can be redeemed on the respective websites of certain Online Course providers. Upon redeeming the Online Course Code on the website of such Online Course providers, you will either be enrolled for the particular course automatically, or you will be given credit on the Online Course provider’s website which will enable you to enrol for the particular course you have purchased. Your access to any Online Course Code purchased by you from us will be granted via the unique digital code that will be sent to you by email, to the email address we have on file.
         3. IMPORTANT – Limitations relating to Online Course Codes
            1. You will not be able to use Online Course Codes and / or access Online Courses through the Brothers Coffee website. You will have to utilise the Online Course Code and Online Course through the relevant Online Course provider’s website.
            2. You will need to be connected to the internet when you use an Online Course Code and / or access the Online Course. Subsequent usage and access thereof will be subject to the specific Online Course provider’s website usage restrictions.
         4. Privacy policy
            1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.
         5. Changes to these Terms and Conditions
            1. Brothers Coffee may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
            2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
         6. Electronic communications
            1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.
         7. Ownership and copyright
            1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Brothers Coffee, its advertisers and/or sponsors and/or is licensed to Brothers Coffee.
            2. You will not acquire any right, title or interest in or to the Website or the Website Content.
            3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
         8. Disclaimer
            1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
            2. Whilst Brothers Coffee takes reasonable measures to ensure that the content of the Website is accurate and complete, Brothers Coffee makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Brothers Coffee’s representatives, Brothers Coffee shall not be bound thereby.
            3. Brothers Coffee disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
            4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
            5. Any views or statements made or expressed on the Website are not necessarily the views of Brothers Coffee, its directors, employees and/or agents.
            6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Brothers Coffee also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Brothers Coffee, its employees, agents or authorised representatives. Brothers Coffee thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
         9. Linking to third party websites
            1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Brothers Coffee is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
            2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
         10. Limitation of liability
             1. Brothers Coffee cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Brothers Coffee, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
             2. BROTHERS COFFEE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
             3. YOU HEREBY INDEMNIFY BROTHERS COFFEE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
         11. Availability and termination
             1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
             2. Brothers Coffee may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Brothers Coffee will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
             3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
             4. Brothers Coffee is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Brothers Coffee to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Brothers Coffee, in whole or in part, on notice to you. Brothers Coffee shall only be liable to refund monies already paid by you (see Brothers Coffee’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
             5. At any time, you can choose to stop using the Website, with or without notice to Brothers Coffee.
         12. Governing law and jurisdiction 
             1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
             2. In the event of any dispute arising between you and Brothers Coffee for the Sale of goods, you agree that the Sale occurs in the Western Cape and you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
             3. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
         13. Notices
             1. Brothers Coffee hereby selects 8 Rheeboksfontein, Great Brak River, 6525,  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Brothers Coffee may change this address from time to time by updating these Terms and Conditions.
             2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving Brothers Coffee not less than 7 days’ notice in writing.
             3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
                1. by hand will be deemed to have been received on the date of delivery;
                2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
                3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTIONto serve as proof that an email has been received.
             4. Complaints 
                
                
                1. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via admin@brotherscoffee.co.za or you can contact us on +27 74 799 8291.
                2. If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are:  Website: http://www.cgso.org.za/Sharecall: 0860 000 272 Email: complaints@cgso.org.za
             5. Information
                1. For the purposes of the ECT Act, Brothers Coffee’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
                   1. Full name: Brothers Coffee (Pty) Ltd, a private company registered in South Africa with registration number 2014/089557/07
                   2. Main business: Coffee Roastery
                   3. Physical address for receipt of legal service (also postal and street address): 8 Rheeboksfontein, Great Brak River, 6525 (marked for attention: CEO)
                   4. Office bearers: BM Ferreira.
                   5. Phone number: +27 74 799 8291
                   6. Email address: admin@brotherscoffee.co.za
                2. General
                   1. Brothers Coffee may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
                      1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
                      2. Any failure on the part of you or Brothers Coffee to enforce any right in terms hereof shall not constitute a waiver of that right.
                      3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
                      4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
                      5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
                      6. These Terms and Conditions contain the whole agreement between you and Brothers Coffee and no other warranty or undertaking is valid, unless contained in this document between the parties.

WELCOME TO THE BROTHERS COFFEE PRIVACY POLICY

This Privacy Policy applies to all users of our Website, related mobi-sites and software applications, collectively referred to as “our Platforms”, which are used to access and purchase our products and services.

The purpose of this Privacy Policy is to set out how, why and when Brothers Coffee uses your Personal Information so as to comply with the  Protection of Personal Information Act 4 of 2013 (“POPI”).

It is important that you read this Privacy Policy together with our other terms and conditions, privacy notices or policies we may provide from time to time when we collect or use your Personal Information.

Further, please pay special attention to the clauses in this Privacy Policy that appear in similar text and style (i.e. bold) which:

• may limit the risk or liability of Brothers Coffee or a third party.
• may create risk or liability for the user.
• may compel the user to indemnify Brothers Coffee or a third party.
• serves as an acknowledgement, by the user, of a fact.

We respect your privacy and take the protection of Personal Information very seriously. We strive to deliver excellent service every time you shop with us, and to do this, we need to use some of your Personal Information. This Privacy Policy describes how we handle the Personal Information we collect about you and/or receive from you. By using our Platforms, you agree to the processing of your Personal Information as set out in this Privacy Policy.

In this Privacy Policy, the terms  –

“Personal Information”, and “process/processing” bear the same meanings as set out in POPI.

 “we”, “us” or “our” refers to Brothers Coffee.

“you” and “your” refers to every person that accesses or uses our Platforms also referred to as a user.

“registered user(s)” refers to anyone registered on our Platforms and has provided us with a unique email address and password as well as other Personal Information in order to order goods and services on our Platforms.

IF YOU ARE BELOW THE AGE OF 18

If you are below the age of 18 years, you must always get permission from your parent or guardian before you use our Platforms or give us your Personal Information. We may check that your parent or guardian has given you such permission, for example by asking you to provide us with your parent’s or guardian’s contact details so we can contact them. We may also check that the contact details you have given us are correct and are the details of a person who is actually your parent or guardian. If we are not able to verify such permission or if a parent or guardian confirms that you do not have their permission, you may not use our Platforms.

WHAT PERSONAL INFORMATION WE COLLECT AND PROCESS

Brothers Coffee processes Personal Information in a manner that is reasonable, adequate, relevant, non-excessive and purpose-specific. In order for users to access and use our Platforms we collect and process some Personal Information. When you become a registered user, we have to collect and process your Personal Information to render our services to you.

When you register to use our Platforms, we may collect the following Personal Information:

• name and surname.
• email address.
• physical address.
• mobile phone number.
• online identifiers.
• date of birth.
• identification number.
• banking details where you are a subscriber to Brothers Coffee

Should your Personal Information change or you wish to amend and/or correct this Personal Information you can do this by updating your registered user information in your account profile.

You warrant that the information you have provided is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

INFORMATION FROM USING OUR PLATFORMS

When you access our Platforms, whether or not you are a registered user, Brothers Coffee processes some of your Personal Information. Depending on how you access and use our Platforms, we may receive:

• log information, through online identifiers, including information on how, when and for how long you use our Platforms and other services, the content you view and search queries you submit.
• information about the equipment you use to access or use our Platforms, including the type of device you are using, how you access our Platforms, your browser or operating system and your Internet Protocol address.
• the geographic location from which you accessed our Platforms, including your device’s global positioning system signal and information about nearby wifi networks and cell towers. We get this information when you use location-enabled services.
• other information about you from third parties, such as social media.

WHY DO WE PROCESS YOUR PERSONAL INFORMATION?

We process the Personal Information we collect and receive to:

• identify you;
• verify your identity;
• create a user account for you; and/or
• enter into a contract with you.

As a registered user, we also process your Personal Information in order to:

• fulfill our contractual obligations to you when you have ordered goods in order for us to deliver those goods and process returns.
• provide you with information, products or services you request from us.
• communicate with you regarding our Platforms and provide you with information, products or services, including billing, customer support, resolving complaints and quality control.
• notify you about changes to our Platforms, services and products, terms and conditions, privacy policy or notices, and any other changes that impact our Platforms, services and products.
• send you information about competitions, products or services that may interest you (unless you have opted out of receiving such information). Please note that you may also receive newsletters based on your interests, recent orders and browsing behaviour. To unsubscribe from newsletters sent to you based on your recent orders and browsing behaviours, visit the Newsletter Subscriptions page under “My Account” or unsubscribe when receiving such a newsletter.
• get feedback from you which we need to develop our products and services and grow our business.
• comply with any legal or regulatory obligations such as tax or financial laws.
• undertake research for statistical purposes. The research and statistics we get from this process do not include your Personal Information and cannot be linked to you, nor can you be identified from these statistics.

RETENTION AND RESTRICTION OF RECORDS

We keep your Personal Information for as long as:

• we need it to provide our Platforms, products or services to you.
• it is required or allowed by law and is in line with our internal retention policies.
• it is necessary to uphold the contract between you and us.
• you have agreed to us keeping your Personal Information subject to your request for us to stop processing your Personal Information.

We will retain your Personal Information for as long as is necessary to achieve the purpose for which this information was collected or subsequently processed. If your Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires but we will stop using it for the purpose with a shorter period once that period expires.

By accessing and using the Platform, you consent to us retaining records of your Personal Information for no longer than may be necessary to achieve the purpose for which the information was initially collected or subsequently processed.

USER TRACKING AND COOKIES

When you access and use our Platforms we may use various technological tools to improve your experience on our websites through the use of cookies and/or user tracking.

Cookies are small text files placed on the device that you use to access our Platforms. These files do not contain your Personal Information but allow us to associate you with a particular device. Many websites use cookies and we use cookies to:

• make our Platforms more user friendly.
• personalise your interactions with our Platforms, tailor our services and Platforms to your interests and needs, and ensure they work on your device.
• provide advertising that is relevant to you, limit the number of times you see the same advertisement and measure the effectiveness of the advertisements on our Platforms  and other websites, based on your online activities such as the websites and apps you use or content you view, and information we have about you.
• send Opt-In marketing communication if you are not a registered user.

We will not use your Personal Information for any other purpose without your permission.

By accessing and using the Platform, you consent to our use of cookies.

OPT OUT FROM DIRECT MARKETING

You have the right to request us not to contact you for purposes of direct marketing by any form of electronic communication such as automatic calling machines, email and/or SMS notifications by “opting-out” of any direct marketing communications we may send to you.

WHO ELSE GETS TO PROCESS YOUR PERSONAL INFORMATION

We do not sell your Personal Information to third parties for their marketing or any other purposes.

We may provide or make your Personal Information available to:

• our employees, the staff of the companies in the Brothers Coffee Group and/or third party service providers in order to enable them to assist us to interact with you via our Platforms for the marketing, ordering or delivery of goods and Subscriptions where applicable.
• law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity.
• third parties (such as a potential purchaser and its professional advisors) in the event of any reorganisation, merger, consolation, sale, joint venture, or other disposition of any or all of our assets.
• our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, public relations, technology services etc). However, our contracts dictate that these service providers may only use your Personal Information in connection with the services they perform for us and not for their own benefit or any other purpose, and must treat such information as confidential information.
• our suppliers or sellers in order for them to liaise directly with you regarding any goods you have purchased, for them to comply with their regulatory obligations, or for any other purpose which may require their involvement.
• the companies in the Brothers Coffee Group in order for them to send you once-off opt-in direct marketing communications.

SENDING YOUR PERSONAL INFORMATION OUTSIDE SOUTH AFRICA

We may transfer certain Personal Information outside the geographic borders of South Africa to service providers for purposes set out above, including for data storage and back-up purposes to ensure the integrity of our systems.

When we transfer your Personal Information outside of the geographic borders of South Africa, we will ensure that we do so in accordance with the requirements for lawful transfer outside of South Africa as set out in POPI.

By accessing and using our Platforms, you consent to us transferring your Personal Information outside of South Africa as set out in POPI. 

SECURING YOUR PERSONAL INFORMATION

We secure the integrity and confidentiality of your Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of Personal Information; and unlawful access to or processing of Personal Information.

In order to implement and maintain such measures, we have in place policies, controls and related processes, which are reviewed and updated on a regular basis. Our policies, controls and procedures cover for example:

• physical, technical and network security.
• access controls and monitoring of access.
• secure storage, destruction and encryption of records of Personal Information.
• Personal Information breach reporting and remediation.
• by way of written agreements, imposition of security and confidentiality obligations on third parties (based within or outside the borders of South Africa) who process Personal Information as part of rendering services to us.

Should you disclose your Personal Information to any third party other than Brothers Coffee, or if a third party unlawfully acquires your Personal Information elsewhere, Brothers Coffee shall not be liable for any loss or damage arising from or suffered by you as a result of the disclosure or unlawful acquisition elsewhere (as the case may be) of such Personal Information. This is because we do not regulate or control how that third party uses your Personal Information. You should always ensure that you read the privacy policy of any third party.

KNOW YOUR RIGHTS

Having provided adequate proof of your identity, you have the right to:

• view, correct, object and/or amend your Personal Information we process. Please note that as a registered user, you can do this through your user account for the Personal Information reflected therein.
• request a record or description of your Personal Information.  Brothers Coffee may charge a fee in order to provide you with this record of your Personal Information. Where requests to access and amend your Personal Information are manifestly unfounded, excessive or repetitive Brothers Coffee may charge an additional administrative fee or refuse the request.
• request to have your Personal Information corrected, destroyed or deleted. Please note that you can stop being a registered user by cancelling your account. In this instance Brothers Coffee will only retain your Personal Information subject to any legislative requirement and/or our internal retention policy.
• us complying with your requests upon receipt unless we have credible reason why we cannot comply.
• us indicating where, if we cannot agree whether to correct or delete your Personal Information as requested, that a correction or deletion was requested but was not made.
• inform you if reasonably practicable,  should we change your Personal Information and this has an impact on decisions about you.
• notify you of the action taken by us because of your request.
• notify you of unauthorised access to your Personal Information.
• provide you with reasonable evidence of our compliance with our obligations under this Privacy Policy on reasonable notice and request.
• Submit a complaint to the Information Regulator.

As a registered user, you can exercise all your rights set out above in terms of POPIA by going to the Data & Privacy section of our Help Centre.

HOW TO LODGE A COMPLAINT WITH THE INFORMATION REGULATOR

If you have any complaints about this Privacy Policy or our compliance with this Privacy Policy you can lodge a complaint with the Information Regulator.

The contact details of the Information Regulator are available on its website at: https://justice.gov.za/inforeg/

This version of the Privacy Policy replaces any preceding privacy policy provisions on our website. We may occasionally update this Privacy Policy. When you use our Platforms the version of the Privacy Policy posted on this page applies to you.