Please read these Terms & Conditions (“Terms”) carefully before using nextag.co (the “Website”) and the NexTag cloud platform (the “Software”). These Terms form a legally binding agreement between Taggable (Pty) Ltd, registration no. 2020 / 796653 / 07 (“Taggable”, “we”, “us”, “our”), and you (“you”, “your”). They cover both (i) online sales of physical NFC products and (ii) access to our software-as-a-service (SaaS) platform.
If you do not agree to these Terms, you must not use the Website or the Software.
1 Company Information (ECTA s43)
| Legal name | Taggable (Pty) Ltd |
|---|---|
| Registration no. | 2020 / 796653 / 07 |
| Physical address | 1 Moyana, Zululami Luxury Coastal Estate, Sheffield Beach, KwaZulu-Natal 4420, South Africa |
| info@taggable.co.za | |
| Telephone | +27 87 550 1130 |
2 Definitions
- “Consumer” — as defined in the Consumer Protection Act 68 of 2008 (“CPA”).
- “Goods” — the tangible products offered for sale on the Website.
- “Software” — Taggable’s NexTag online platform, including updates and documentation.
- “Working Day” — any day other than a Saturday, Sunday or South-African public holiday.
3 Acceptance
By creating an account, ticking a consent box, placing an order, or otherwise using the Services, you confirm that you have read, understand and agree to these Terms. If you act on behalf of another entity, you warrant that you are authorised to bind that entity.4 Eligibility & Accounts
- You must be at least 18 years old and legally capable of contracting.
- You are responsible for safeguarding your login credentials and any activity under your account.
- Please inform us immediately of unauthorised use or security breaches.
5 Orders, Pricing & Payment
- Prices are shown in South-African Rand (ZAR).
- Placing Goods in your cart without completing checkout does not constitute a binding sale.
- A contract of sale is concluded when we accept your order and send an order-confirmation email.
- We may cancel an order and refund amounts paid if Goods become unavailable, pricing errors occur or fraud is suspected.
- Card payments are processed securely by our payment partner; Taggable does not store full card details.
6 Delivery of Goods
- Delivery is limited to addresses within South Africa.
- Risk passes to you upon delivery of the Goods to the address you provide.
- Delivery times are estimates; time is not of the essence.
7 Returns & Cancellations
- Defective Goods: If Goods fail due to a manufacturing defect within 6 months of delivery, you may choose repair, replacement or refund (CPA s56).
- Change-of-mind returns: For non-defective Goods, we may, at our discretion, accept returns within 7 days of delivery; handling or courier fees may apply.
- SaaS subscription cancellation: You may cancel a subscription at any time via your dashboard; cancellation takes effect at period-end. No pro-rata refunds are given for partial months.
8 SaaS Licence & Acceptable Use
- We grant you a non-exclusive, non-transferable, revocable licence to use the Software for your internal business purposes, subject to payment of fees.
- You must not:
- reverse-engineer or decompile the Software;
- resell, sublicense or permit unauthorised third-party access;
- upload unlawful, infringing or malicious content;
- interfere with the performance or integrity of the Software.
9 Service Availability & Support
- We aim for 99.5 % monthly uptime but do not guarantee uninterrupted service.
- Planned maintenance will, where practicable, occur outside South-African business hours with at least 24-hour notice.
- Support is available via info@taggable.co.za on Working Days 08:00 – 17:00 SAST.
10 Data Protection & Privacy
- We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”). See our Privacy Policy for details.
- You warrant that you are authorised to provide personal information to us and to instruct us regarding such information.
- We apply appropriate technical and organisational security measures, including encryption in transit, role-based access and routine backups.
11 Electronic Communications
Contracts concluded electronically have legal force. An order-confirmation email constitutes receipt of data as contemplated in ECTA s23. Records retained by us are prima facie proof of transactions.12 Intellectual Property
All intellectual-property rights in the Website, Software, trade-marks, text and graphics belong to Taggable or its licensors. Except for the limited licence in section 8, nothing in these Terms transfers any IP right to you.13 Limitation of Liability
- To the extent permitted by law, Taggable is not liable for any indirect, consequential or special damages.
- Our aggregate liability in any 12-month period will not exceed the total fees you paid to us for the Services during that period.
- Nothing limits liability for death or personal injury caused by negligence, or liability that cannot be excluded by law.
14 Indemnity
You indemnify Taggable against any third-party claim arising from your breach of these Terms, content you upload, or your violation of law.15 Suspension & Termination
We may suspend or terminate your access immediately on written notice if you materially breach these Terms, fail to pay fees, or infringe rights.16 Changes to Terms
We may update these Terms periodically. Revised Terms will be posted on the Website with a new “Last updated” date; continued use after that date constitutes acceptance.17 Governing Law & Disputes
These Terms are governed by South-African law. You consent to the non-exclusive jurisdiction of the High Court of South Africa (Gauteng Local Division). We may first require confidential mediation through the Arbitration Foundation of South Africa (AFSA).18 General
- Entire agreement: These Terms and referenced policies constitute the entire agreement.
- Severability: If any provision is held unenforceable, the remainder remains in force.
- No waiver: Failure to enforce any right is not a waiver.
- Transfer: You may not assign rights or obligations without our prior written consent.