1.1. These Terms and Conditions ("Terms") govern your access to and use of the website operated by B-TheOne Marketing (Pty) Ltd ("B-TheOne", "we", "us", or "our"), accessible at www.btheone.co.za (the "Website").
1.2. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, you must discontinue use of the Website immediately.
1.3. These Terms should be read together with our Privacy Policy.
2.1. In compliance with section 43 of the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002) ("ECTA") and section 32(4) of the Companies Act, 2008 (Act 71 of 2008), the following information is provided:
Full Registered Name: B-THEONE MARKETING (PTY) LTD
Registration Number: 2026/157477/07
Email Address: info@btheone.co.za
Website: www.btheone.co.za
Principal: Olwethu Mbanjwa
3.1. B-TheOne is a marketing and AI automation agency offering services including, but not limited to, marketing strategy, brand development, website design and development, AI-powered business automation, and content creation.
3.2. The Website serves as an informational platform where visitors may:
3.3. The Website does not constitute an offer to provide services. Any formal engagement for services will be subject to a separate written agreement between B-TheOne and the client.
4.1. All content on the Website, including but not limited to text, graphics, logos, icons, images, audio, video, page layouts, and underlying code, is the property of B-TheOne or is used under licence, and is protected by South African intellectual property law, including the Copyright Act, 1978 (Act 98 of 1978).
4.2. You may not, without our prior written consent:
4.2.1. Copy, reproduce, modify, distribute, republish, or create derivative works from any content on the Website.
4.2.2. Use any content from the Website for commercial purposes.
4.2.3. Remove, alter, or obscure any copyright, trademark, or other proprietary notice displayed on the Website.
4.3. Where client logos, testimonials, or other third-party materials appear on the Website, they are displayed with the express permission of the relevant parties and remain the intellectual property of their respective owners.
4.4. Limited personal, non-commercial use of the Website content (such as reading, bookmarking, or printing a single copy for personal reference) is permitted, provided that all copyright and proprietary notices are retained.
5.1. The Website provides forms through which visitors may submit personal and business information to request a brand audit or to make an enquiry about our services.
5.2. By submitting a form, you:
5.2.1. Confirm that the information you provide is accurate and complete.
5.2.2. Consent to the collection and processing of your personal information in accordance with our Privacy Policy and the Protection of Personal Information Act, 2013 (Act 4 of 2013) ("POPIA").
5.2.3. Acknowledge that submitting a form does not create a contractual relationship between you and B-TheOne, nor does it guarantee that any service will be provided.
5.3. We reserve the right to decline any enquiry or request at our sole discretion.
6.1. From time to time, B-TheOne may publish blog posts, articles, case studies, and other content on the Website ("Published Content").
6.2. All Published Content is provided for general informational and educational purposes only. It does not constitute professional advice of any kind, including but not limited to marketing, business, financial, or legal advice.
6.3. While we make reasonable efforts to ensure the accuracy of Published Content, we do not warrant that it is complete, current, or free from error.
6.4. You should not act or refrain from acting based on any Published Content without seeking appropriate professional advice tailored to your specific circumstances.
7.1. B-TheOne provides marketing and automation services. The outcomes of any marketing activity are influenced by a wide range of factors beyond our control, including market conditions, competition, consumer behaviour, and the quality of the client's own products or services.
7.2. Nothing on this Website should be interpreted as a promise or guarantee of specific results, outcomes, revenue, leads, or return on investment.
7.3. Any results, statistics, or outcomes referenced on the Website (including in case studies or testimonials) are specific to the circumstances of the relevant project and should not be taken as a guarantee that similar results will be achieved for any other person or business.
8.1. The Website may contain links to third-party websites, platforms, or services that are not owned or controlled by B-TheOne.
8.2. We have no control over, and assume no responsibility for, the content, privacy practices, or availability of any third-party websites or services.
8.3. The inclusion of any link on the Website does not imply endorsement, sponsorship, or recommendation by B-TheOne.
8.4. Your use of any third-party website or service is at your own risk and subject to that party's own terms and conditions and privacy policies.
9.1. When using the Website, you agree not to:
9.1.1. Use the Website for any unlawful purpose or in any manner that violates these Terms.
9.1.2. Submit false, misleading, or fraudulent information through any form on the Website.
9.1.3. Attempt to gain unauthorised access to any part of the Website, its servers, or any systems or networks connected to the Website, in contravention of ECTA section 86.
9.1.4. Interfere with or disrupt the integrity or performance of the Website.
9.1.5. Use any automated system, including bots, scrapers, or crawlers, to access or collect content from the Website without our prior written consent.
9.1.6. Copy, reproduce, or distribute any Website content in violation of clause 4.
10.1. To the maximum extent permitted by South African law, B-TheOne, its directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with:
10.1.1. Your access to or use of, or inability to access or use, the Website.
10.1.2. Any reliance placed on any content, information, or materials on the Website.
10.1.3. Any errors, omissions, or inaccuracies in the content on the Website.
10.1.4. Any unauthorised access to or use of our servers or any personal information stored on them.
10.1.5. Any interruption or cessation of transmission to or from the Website.
10.2. Nothing in these Terms excludes liability that cannot be excluded under South African law, including liability arising from fraud or wilful misconduct.
11.1. The Website and all content on it are provided on an "as is" and "as available" basis, without any representations or warranties of any kind, whether express, implied, or statutory.
11.2. We do not warrant that:
11.2.1. The Website will be available at all times, uninterrupted, or error-free.
11.2.2. Any defects in the Website will be corrected.
11.2.3. The Website or the servers that make it available are free of viruses or other harmful components.
11.3. This disclaimer does not affect any rights you may have under the Consumer Protection Act, 2008 (Act 68 of 2008) ("CPA") that cannot be excluded or limited by agreement.
12.1. You agree to indemnify, defend, and hold harmless B-TheOne, its directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or in connection with:
12.1.1. Your use of the Website in breach of these Terms.
12.1.2. Your violation of any applicable law or the rights of any third party.
12.1.3. Any information you submit through the Website that is false, misleading, or infringing.
13.1. We reserve the right to restrict, suspend, or terminate your access to the Website at any time, without notice, if we reasonably believe that you have breached these Terms or have engaged in conduct that may expose B-TheOne to liability.
13.2. Clauses that by their nature are intended to survive termination will remain in effect, including clauses 4 (Intellectual Property), 10 (Limitation of Liability), 11 (Disclaimer of Warranties), and 12 (Indemnification).
14.1. We may amend these Terms from time to time at our sole discretion.
14.2. Any material changes will be posted on this page with an updated "Last Updated" date. We encourage you to review these Terms periodically.
14.3. Your continued use of the Website after any amendments constitutes your acceptance of the revised Terms.
15.1. These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.
15.2. Any dispute arising out of or in connection with these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the Magistrate's Court or High Court of the Republic of South Africa, KwaZulu-Natal Division, Pietermaritzburg.
15.3. Nothing in this clause limits B-TheOne's right to seek urgent or interim relief in any court of competent jurisdiction.
16.1. If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms to the extent of the invalidity. The remaining provisions shall continue in full force and effect.
17.1. These Terms, together with the Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and B-TheOne with respect to your use of the Website.
17.2. These Terms do not govern any separate service agreement entered into between B-TheOne and a client. Such agreements will be subject to their own terms.
18.1. For any questions or concerns regarding these Terms, please contact:
Email: info@btheone.co.za