TERMS AND CONDITIONS OF WEBSITE USE

Last updated: 12 February 2026

1. Introduction and Legal Terms

By accessing or using our website, https://bizmula.co.za/ or any related platform or application (collectively, “the Platform”), or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by BizMula.

These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.

Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.

The terms “user”, “you” and “your” are used interchangeably in these Terms and accordingly refer to you. Accordingly, the terms “us”, “our” or “we” refers to BizMula or our possession.

2. Our Services

What Our Platform Offers: BizMula provides businesses with an advance payment in exchange for the discounted sale of the business’s future receivables (or a portion thereof) (“Future Receivables”). BizMula’s services facilitate the assessment, structuring, and administration of such transactions through the Platform. Unless expressly stated otherwise in writing, any advance provided by BizMula is made pursuant to a purchase and sale of Future Receivables and is not a loan or credit agreement (“Services”).

Modification to the Services: We may continuously update our Services with new capabilities or offerings or replace and/or discontinue some of the capabilities. You acknowledge and agree that some of the features and capabilities may be experimental in nature. In addition, we may at any time, in our sole discretion add or remove supported features and/or capabilities.

Disclaimer:

BizMula’s Services and any information made available on or through the Platform are provided for general information and operational purposes only and do not constitute financial, legal, tax, accounting, or other professional advice.

BizMula does not guarantee that any business will qualify for, be offered, or receive an advance payment, nor does BizMula guarantee any specific amount, pricing/discount rate, timing, acceptance, or outcome in relation to any proposed or concluded sale of Future Receivables.

Any decision to proceed with a transaction is made by you at your own discretion and risk, and you remain solely responsible for assessing the suitability of the Services for your business, obtaining independent professional advice where appropriate, and ensuring compliance with all applicable laws and contractual obligations.

Applications and Transaction Documentation: You may apply for BizMula’s Services through the Platform by submitting the required information and supporting documentation. BizMula may, in its sole discretion, approve or decline any application and may request additional information as part of its assessment. If your application is approved and you elect to proceed, you will be required to enter into and sign BizMula’s comprehensive sale and purchase agreement (and any related documents) governing the sale of Future Receivables. No transaction will be concluded, and BizMula will have no obligation to advance any funds, unless and until all required agreements have been signed and any conditions precedent set out therein have been satisfied or waived in writing by BizMula.

Accurate Information: When using our Services you agree to provide accurate, authentic, current, and complete information and to update this information as and when it changes.

Warranty: By sharing personal data with us, you warrant that the persons using the Services have the authority to do so and to act on behalf of a juristic entity. You are responsible for the information provided, and all the actions taken on the Platform and through the Services. Please see our Privacy Policy for more details on how we use and processes personal data.

3. Responsibilities and Warranties

Platform Responsibilities: by using the Platform you warrant that –

• you have read and agreed to these Terms and will use the Platform in accordance with them;
• you have not made any misrepresentations and the information provided about you or your company is true, accurate and complete in every aspect;
• you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
• you lawfully possess and submit all information to BizMula for the use of the Platform and the Services and hereby indemnify BizMula against any third-party claims that may arise due to the processing of the information shared by you with BizMula;
• you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform;
• you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;
• you will not infringe the intellectual property or other rights of any third party or BizMula or transmit content that you do not own or do not have the right to publish or distribute;
• you will not use the Platform for any commercial purpose other than as expressly provided for by BizMula herein;
• you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
• you will not facilitate or assist any third party to do any of the above,

failing which, such action will automatically and immediately be deemed to be a breach of these Terms, allowing BizMula to enforce all of our rights in the case of breach, including but not limited to denying you access to the Platform and/or the Services, reporting your actions to an applicable authority or instituting legal proceedings against you.

Connected Devices: The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform. We do not guarantee that the Platform or any portion thereof, will function on any particular hardware or device.

Access to Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform where we believe (in our reasonable discretion) that you are in breach of any of these Terms.

4. Confidentiality

BizMula acknowledges that any information you provide in connection with your use of the Platform and Services is confidential and proprietary to you. BizMula agrees to maintain the confidentiality of all such information and not to disclose, use, or reproduce it for any purpose other than to provide the Services as expressly permitted under these Terms. This obligation of confidentiality shall survive the termination of your use of the Platform and Services. BizMula further agrees to take all reasonable steps to protect your confidential information from unauthorised access, disclosure, or use.

5. Data Processing

We will store and process all data you share with us when using the Services, in accordance with applicable data protection legislation (including the Protection of Personal Information Act 4 of 2013 (“POPIA”)) and our Privacy Policy.

You hereby grant us, the right to use and process your data for the purpose of providing our Services to you. We will process, store and maintain your data for such period of time necessary to provide our Services to you.

Please see our Privacy Policy for more information on how we process personal data.

6. Messages and Hyperlinks

Data Messages between You and BizMula

Data messages, including email messages and support queries, you send to us will be considered as received only when we acknowledge or respond to these messages.

Data messages we send to you will be regarded as received when the data message enters your email sever inbox or messaging inbox and is capable of being retrieved and processed by you.

We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.

Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.

Hyperlinks, Deep Links, Framing

The Platform may include links to other websites (“other sites“). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.

We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content. Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site. 

7. Intellectual Property

Platform IP: All Platform and software layout, Platform and software content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by BizMula, our shareholders, directors, and/or affiliates, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

User submitted IP: All rights to any intellectual property you provide to us will remain with you, but for which you have provided us with a revocable, non-exclusive, non-transferable, fully paid licence to use such intellectual property to provide you with our Services.

No Modification of IP: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform, the Services or BizMula are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.

Updates: We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform or to suspend or terminate the Platform at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).

Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party (“third party IP”) all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions. If there is a conflict between the licensing terms of third-party IP and these Terms, the licensing terms of the third-party IP shall prevail only in connection with the related third party IP. BizMula disclaims all liability related to any third-party components utilised in the Services. You acknowledge that BizMula is not the author, owner or licensor of any third-party IP, and we accordingly make no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of third-party IP.

User License: Subject to adherence to the Terms, BizMula grants to you a personal, revocable, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any machine within your network. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.

8. Indemnities and Disclaimers

Disclaimers

The Platform is provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components. BizMula does not warrant that the Platform or Services will meet your specific requirements or that any defects or errors will be corrected. You acknowledge and agree that your use of the Platform and Services is at your sole risk.

No advice or information, whether oral or written, obtained by you from BizMula or through or from the Platform shall create any warranty not expressly stated in these Terms.

All content, information, and/or opinions made available on the Platform in relation to any of the Services are those of the authors and not BizMula. While we make every reasonable effort to present such information accurately and reliably, we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information.

We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components.

To the maximum extent permitted by applicable law, BizMula, its shareholders, directors, employees, partners, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Platform; (ii) any unauthorised access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Platform; or (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party.

You expressly acknowledge and agree that BizMula is not liable or responsible for any defamatory, offensive, or illegal conduct of other users or third parties.

Indemnities

You agree to indemnify, defend, and hold BizMula, its shareholders, directors, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) to the extent arising from your use of the Platform and/or breach of these Terms, except to the extent such liability, loss, claim, or expense results from the gross negligence or wilful misconduct of BizMula or its representatives.

This clause will survive termination of these Terms.

9. Dispute Resolution

Negotiation: Should any dispute, disagreement or claim arise between you and BizMula concerning the use of the Platform, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

Mediation: Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.

Arbitration: If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by BizMula.

Jurisdiction: Notwithstanding the above, both parties’ consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

No publication: The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

10. Notices and Service Address

Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

• in the case of BizMula, at [email protected]; or
• in the case of the user, at the e-mail, cellphone number, and/or address provided when contacting with us.

Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

11. Company Information

Site owner: BizMula (Pty) Ltd
Legal status: Private Company
Registration number: 2025/799068/07
Description of business: Business Finance
Platform address: https://bizmula.co.za/
Email address: [email protected]
Telephone number: +27 21 714 1080
Registered address: 10th Floor, 2 Long Street, Cape Town City Centre, CapeTown, Western Cape, 8000
Postal address: As above.

12. General

Relationship Between the Parties: The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party. 

Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned

Change Without Notice: The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

Entire Agreement: This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless published on the Platform.

No Indulgence: No indulgence, leniency or extension of time granted by BizMula shall constitute a waiver of any of BizMula’ rights under these Terms and, accordingly, BizMula shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.

Importation of Words: Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.

Headings as Reference: The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate. 

Governing Law: Your access and/or use of the Platform, any downloaded material from it and the operation of these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Severability: Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

Prohibited Provision: No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“).  Any breach of any such Prohibited Provision shall be governed by the provisions above.