Website Terms and Conditions

Honey Whale (Pty) Ltd

Effective Date: 1 March 2026
Last Updated: 1 March 2026

1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

By accessing or using the Honey Whale website (honeywhale.com) ("Website"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use this Website.

1.2 Who We Are

"Honey Whale", "we", "us", or "our" refers to Honey Whale (Pty) Ltd, a South African proprietary limited company.

Company Details:

Registration Number: 2018/514550/07
Email: info@honeywhale.co.za
VAT Number: 4600294039

1.3 Additional Agreements

These Terms govern use of our Website only. If you engage our services, the following also apply:

Service Level Agreement (SLA) - governs all service engagements
Individual Proposals/Quotations - govern specific project terms
Privacy Policy - governs data collection and use

In case of conflict, the order of precedence is: Signed Amendments > Service Agreement > SLA > These Website Terms.

2. CHANGES TO TERMS

2.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website with a new "Last Updated" date.

2.2 Your Responsibility

It is your responsibility to review these Terms periodically. Continued use of the Website after changes constitutes acceptance of the modified Terms.

2.3 Material Changes

For material changes that significantly affect your rights, we will provide notice via:

Prominent notification on the Website
Email notification to registered users (if applicable)

3. USE OF WEBSITE

3.1 Permitted Use

You may use this Website to:

Learn about our services and expertise
Request quotations or proposals
Read blog articles and resources
View our portfolio and case studies
Contact us for inquiries

3.2 Prohibited Use

You may NOT:

Use the Website for any unlawful purpose
Attempt to hack, disrupt, or compromise Website security
Scrape, copy, or harvest content using automated tools (bots, scrapers)
Transmit viruses, malware, or harmful code
Impersonate Honey Whale or misrepresent your affiliation with us
Use the Website to send spam or unsolicited communications
Reverse engineer or attempt to access source code
Frame or deep-link to the Website without permission
Reproduce, duplicate, or copy content for commercial purposes without permission

3.3 Account Security

If you create an account or client portal access:

You are responsible for maintaining password confidentiality
You must notify us immediately of any unauthorized access
You are responsible for all activities under your account
We reserve the right to terminate accounts that violate these Terms

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Our Ownership

All content on this Website is owned by or licensed to Honey Whale, including:

Text, graphics, logos, images, videos
Website design, layout, and structure
Code, software, and functionality
Trademarks, service marks, and branding
Blog articles, case studies, and resources

This content is protected by South African and international copyright, trademark, and intellectual property laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to:

Access and view Website content for personal, non-commercial use
Download resources we explicitly make available for download
Share links to our content (with proper attribution)

4.3 Restrictions

You may NOT:

Reproduce, republish, or redistribute our content without written permission
Use our content for commercial purposes without a license
Remove copyright notices, watermarks, or attribution
Modify or create derivative works from our content
Use our trademarks or branding without permission

4.4 Client Work & Portfolio

For work created for clients:

Ownership terms are governed by our Service Level Agreement
Generally, clients own final deliverables upon full payment
Honey Whale retains portfolio rights (with client consent where appropriate)

4.5 DMCA Compliance

If you believe content on our Website infringes your copyright:

Email info@honeywhale.co.za with:
- Description of the copyrighted work
- URL of the allegedly infringing content
- Your contact information and electronic signature
- Statement of good faith belief and accuracy under penalty of perjury
We will investigate and take appropriate action

5. USER-GENERATED CONTENT

5.1 Comments & Submissions

If we allow comments, testimonials, or other user submissions:

You retain ownership of your content
You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your submissions
You represent that you own the content or have permission to submit it
You agree not to submit defamatory, obscene, or illegal content

5.2 Moderation Rights

We reserve the right to:

Monitor, edit, or remove user-generated content at our discretion
Refuse to publish content that violates these Terms
Terminate accounts of users who repeatedly violate these Terms

5.3 No Obligation to Monitor

We are not obligated to monitor user-generated content and are not responsible for content posted by third parties.

6. THIRD-PARTY LINKS & SERVICES

6.1 External Links

Our Website may contain links to third-party websites, including:

Client websites (portfolio examples)
Industry resources and tools
Social media platforms
Partner services

6.2 No Endorsement

Links to third-party sites do not constitute endorsement of:

Their content, products, or services
Their privacy practices or terms
Their business practices or reputation

6.3 Your Responsibility

You access third-party websites at your own risk. We are not responsible for:

Content, accuracy, or availability of third-party sites
Privacy practices or data collection by third parties
Damages or losses resulting from third-party interactions

6.4 Third-Party Tools

We may use third-party services on our Website (e.g., Google Analytics, chatbots, form processors). Your use of these services is subject to their respective terms and privacy policies.

7. DISCLAIMER OF WARRANTIES

7.1 "AS IS" Basis

THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

7.2 No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

Merchantability or fitness for a particular purpose
Accuracy, completeness, or reliability of content
Uninterrupted or error-free operation
Freedom from viruses or harmful components
That defects will be corrected

7.3 Content Accuracy

While we strive for accuracy:

Website content is for informational purposes only
Content may contain errors, omissions, or outdated information
We do not warrant that content is current or complete
Blog posts and resources reflect opinions and may not apply to your situation

7.4 No Professional Advice

Content on this Website does not constitute:

Professional advice (legal, financial, tax, or otherwise)
Guarantees of specific results or outcomes
Recommendations to take specific actions

Always consult qualified professionals for advice specific to your circumstances.

8. LIMITATION OF LIABILITY

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY SOUTH AFRICAN LAW, HONEY WHALE SHALL NOT BE LIABLE FOR:

Indirect, incidental, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Damages resulting from use or inability to use the Website
Damages resulting from third-party content or links
Unauthorized access to or alteration of your transmissions or data

8.2 Liability Cap

Our total aggregate liability arising from your use of the Website shall not exceed R1,000 (One Thousand Rand).

8.3 Basis of the Bargain

These limitations reflect the allocation of risk between us. They apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow exclusion of certain warranties or limitation of liability, so some limitations may not apply to you.

8.4 Services vs. Website

These limitations apply to the Website only. Separate limitations apply to our services, as outlined in our Service Level Agreement.

9. INDEMNIFICATION

9.1 Your Indemnity

You agree to indemnify, defend, and hold harmless Honey Whale, its directors, employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use or misuse of the Website
Your violation of these Terms
Your violation of any third-party rights (including intellectual property)
Content you submit or post to the Website
Your breach of applicable laws or regulations

9.2 Defense Rights

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

10. PRIVACY & DATA PROTECTION

10.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, available at https://www.honeywhale.co.za/privacy-policy.

10.2 POPIA Compliance

We comply with the Protection of Personal Information Act, 2013 (POPIA). By using this Website, you consent to data collection and processing as described in our Privacy Policy.

10.3 Cookies

We use cookies and similar technologies. For details, see the Cookies section of our Privacy Policy.

11. GEOGRAPHIC RESTRICTIONS

11.1 South African Focus

Our Website and services are primarily intended for users in South Africa. Content, pricing, and references are tailored to the South African market.

11.2 International Use

If you access the Website from outside South Africa:

You are responsible for compliance with local laws
Services may not be available in your jurisdiction
Pricing and terms may differ for international clients
Communications and contracts will be governed by South African law

12. TESTIMONIALS & CASE STUDIES

12.1 Accuracy

Testimonials and case studies on this Website represent actual client experiences and results. However:

Results are not typical and may not be replicated
Your results depend on many factors including your industry, budget, product quality, and market conditions
Past performance does not guarantee future results

12.2 No Guarantees

We do not guarantee that you will achieve similar results to those featured in case studies. Every business is unique.

12.3 Client Consent

All testimonials and case studies are published with client consent or as permitted under our Service Level Agreement.

13. PRICING & QUOTATIONS

13.1 Website Pricing

Prices displayed on the Website:

Are in South African Rand (ZAR)
Exclude 15% VAT (unless stated otherwise)
Are subject to change without notice
Are indicative and may vary based on specific requirements

13.2 Quotation Process

Website pricing is for reference only. Actual pricing is determined through:

Initial consultation to understand your needs
Custom proposal or quotation
Acceptance of proposal subject to our Service Level Agreement

13.3 No Obligation

Viewing pricing on the Website does not create any obligation on either party. Binding agreements require formal acceptance of a proposal.

14. BLOG & EDUCATIONAL CONTENT

14.1 Informational Purposes

Blog posts and resources are:

Provided for educational and informational purposes
Based on our experience and industry knowledge
Subject to change as best practices evolve

14.2 No Guarantees

We do not guarantee:

Accuracy or completeness of blog content
That following advice will produce specific results
That content reflects the most current industry standards

14.3 Your Responsibility

You are solely responsible for:

Evaluating the accuracy and applicability of content
Seeking professional advice before implementing strategies
Your use of any information from our blog or resources

15. TERMINATION

15.1 Termination by Us

We may terminate or suspend your access to the Website immediately, without notice, for:

Violation of these Terms
Fraudulent, abusive, or illegal activity
Behavior that harms or could harm Honey Whale or other users
Any reason at our sole discretion

15.2 Termination by You

You may stop using the Website at any time. No formal notice is required.

15.3 Effect of Termination

Upon termination:

Your license to use the Website immediately ceases
You must cease all use and delete any downloaded content
Sections that by nature should survive (e.g., disclaimers, limitations of liability, indemnification) remain in effect

16. DISPUTE RESOLUTION

16.1 Governing Law

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles.

16.2 Jurisdiction

You agree to the exclusive jurisdiction of the South African courts for any disputes arising from these Terms or use of the Website.

16.3 Dispute Resolution Process

In the event of a dispute:

Informal Resolution: Contact us at info@honeywhale.co.za to attempt good-faith negotiation
Mediation: If unresolved after 30 days, parties may agree to mediation
Litigation: If mediation fails or is declined, either party may pursue litigation in South African courts

16.4 Class Action Waiver

You agree to resolve disputes individually. You waive any right to participate in class actions or representative proceedings.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement regarding use of the Website.

17.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

17.3 Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

17.4 Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations to a successor entity without your consent.

17.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control (e.g., natural disasters, pandemics, infrastructure failures, government actions).

17.6 Headings

Section headings are for convenience only and do not affect interpretation.

17.7 Language

These Terms are drafted in English. Any translations are for convenience only. The English version prevails in case of conflict.

18. CONTACT INFORMATION

18.1 Questions or Concerns

If you have questions about these Terms:

Email:info@honeywhale.co.za
Website:honeywhale.co.za

18.2 Legal Notices

All legal notices must be sent in writing to the address above.

19. ACKNOWLEDGMENT

By using this Website, you acknowledge that:

You have read and understood these Terms
You agree to be bound by these Terms
You are of legal age to form a binding contract (18+ in South Africa)
You have the authority to accept these Terms on behalf of your organization (if applicable)

Last Updated: 1 March 2026

Terms & Conditions