These Terms and Conditions (“Terms”) govern your access to and use of the website operated by OXCRED (PTY) LTD (“OXCRED”, “we”, “us”, “our” or “the Company”) at https://oxcred.co.za/ (“Website”).
By accessing or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree with any part of these Terms, you should discontinue use of the Website.
1. COMPANY INFORMATION
OXCRED (PTY) LTD is a private company incorporated in the Republic of South Africa.
Legal Entity: OXCRED (PTY) LTD
Company Registration Number: 2025/254087/07
Industry: Mobile Application Development
Telephone: 064 672 0142
Website: https://oxcred.co.za/
For legal notices, privacy-related matters and formal communications, please use:
Email: Admin@oxcred.co.za
2. DEFINITIONS
For purposes of these Terms:
“Company”, “OXCRED”, “we”, “us” or “our” means OXCRED (PTY) LTD.
“Website” means oxcred.co.za and all associated pages, features and content operated by OXCRED.
“User”, “you” or “your” means any person who accesses or uses the Website.
“Client” means a person or organisation that engages OXCRED to provide services.
“Services” means the software development, mobile application development, UI/UX design, consulting, maintenance, integration, support or related services provided by OXCRED.
“Content” means text, images, graphics, logos, software, designs, videos, photographs, documents and other material made available through the Website.
“Third-Party Services” means software, platforms, APIs, hosting providers, app stores, payment providers, cloud services and other third-party products or services that may be used in connection with a project.
3. PURPOSE OF THE WEBSITE
The Website provides information about OXCRED, our services, capabilities, projects and mobile application development solutions.
The information presented on the Website is intended primarily for general informational and business purposes.
Nothing on the Website constitutes a binding quotation, offer, guarantee, professional opinion or contractual commitment unless expressly stated otherwise in writing.
4. USE OF THE WEBSITE
You agree to use the Website only for lawful purposes.
You must not:
- use the Website for unlawful, fraudulent or malicious purposes;
- attempt to gain unauthorised access to the Website or its underlying systems;
- interfere with the security, operation or availability of the Website;
- introduce viruses, malware, malicious code or other harmful material;
- use automated systems to scrape, copy or systematically extract Website content without our written permission;
- impersonate OXCRED or any employee, representative or other person;
- use Website content to create a competing service or website without permission;
- attempt to reverse engineer, compromise or circumvent Website security;
- use the Website in a manner that infringes the rights of OXCRED or any third party.
We reserve the right to restrict or terminate access to the Website where we reasonably believe that these Terms have been breached.
5. INFORMATION ON THE WEBSITE
We endeavour to ensure that information published on the Website is accurate and current.
However, we do not guarantee that:
- all information is complete;
- all information is current;
- information will always be available;
- information will be free from errors;
- the Website will operate without interruption; or
- the Website will be free from viruses or other harmful components.
Website content may be updated, changed or removed without prior notice.
6. APP DEVELOPMENT SERVICES
OXCRED provides technology and mobile application development services which may include:
- iOS application development;
- Android application development;
- mobile application design;
- UI/UX design;
- cross-platform development;
- backend development;
- API development and integration;
- database development;
- third-party integrations;
- app testing and quality assurance;
- app deployment;
- App Store and Google Play submission assistance;
- application maintenance;
- technical support;
- application enhancements and upgrades; and
- other technology services agreed with a Client.
The precise scope of services provided to a Client will be determined by the relevant proposal, quotation, Statement of Work, service agreement or other written agreement.
7. PROJECT AGREEMENTS
These Website Terms do not constitute a complete development agreement between OXCRED and a Client.
Before commencing a development project, OXCRED may require the Client to accept a separate written agreement setting out the applicable:
- project scope;
- deliverables;
- development milestones;
- fees;
- payment terms;
- timelines;
- responsibilities of each party;
- intellectual property arrangements;
- source-code ownership;
- third-party services;
- hosting arrangements;
- maintenance and support;
- warranties;
- acceptance criteria;
- change requests;
- cancellation rights; and
- other project-specific terms.
Where a signed or otherwise validly concluded project agreement conflicts with these Website Terms, the project agreement will prevail to the extent of the conflict.
8. QUOTATIONS AND PROPOSALS
Any quotation or proposal provided by OXCRED will be subject to the terms and validity period specified in that quotation or proposal.
Unless expressly stated otherwise:
- quotations are not binding until accepted in writing by both parties;
- estimates may change where project requirements change;
- third-party costs may be charged separately;
- additional functionality requested after approval of the scope may constitute a change request; and
- development timelines may depend on the Client providing information, content, approvals, credentials, access or feedback when required.
9. CLIENT RESPONSIBILITIES
Clients are responsible for providing accurate and timely information reasonably required for the performance of a project.
This may include:
- business requirements;
- branding;
- images;
- written content;
- app specifications;
- API documentation;
- third-party credentials;
- hosting information;
- Apple Developer or Google Play accounts;
- legal notices;
- privacy policies;
- terms applicable to the Client’s own app;
- payment-provider information; and
- other required materials.
The Client warrants that it has the necessary rights and permissions to provide material supplied to OXCRED.
10. THIRD-PARTY SERVICES
Mobile applications frequently depend on third-party services.
These may include:
- Apple App Store;
- Google Play;
- cloud hosting providers;
- payment gateways;
- mapping services;
- analytics platforms;
- authentication providers;
- SMS providers;
- email providers;
- social-media platforms;
- advertising networks;
- AI services;
- APIs;
- databases; and
- other third-party software.
OXCRED is not responsible for the independent operation, availability, pricing, policies, security or functionality of third-party services.
Third-party services may change their APIs, pricing, functionality, policies or availability without OXCRED’s control.
Where a project depends upon such services, the Client acknowledges that these external dependencies may affect the application’s functionality or ongoing operating costs.
11. APP STORE AND GOOGLE PLAY APPROVAL
Where OXCRED assists with submitting an application to Apple or Google, OXCRED does not guarantee that the application will be approved.
Apple and Google independently determine whether applications satisfy their respective:
- technical requirements;
- content policies;
- privacy requirements;
- security requirements;
- payment requirements; and
- developer policies.
Where an application is rejected, OXCRED may assist with addressing technical issues within the agreed scope, but cannot guarantee acceptance.
12. INTELLECTUAL PROPERTY
Unless otherwise agreed in writing, all intellectual property rights in the Website and its underlying materials remain the property of OXCRED or its licensors.
This includes, where applicable:
- Website design;
- branding;
- logos;
- graphics;
- source code;
- software;
- scripts;
- frameworks;
- reusable libraries;
- templates;
- processes;
- methodologies;
- documentation; and
- other proprietary materials.
A Client does not acquire ownership of OXCRED’s pre-existing intellectual property merely because such material is used during a project.
Project-specific intellectual property ownership will be governed by the applicable development agreement or Statement of Work.
13. WEBSITE CONTENT
Unless expressly stated otherwise, Website content may not be:
- reproduced;
- modified;
- distributed;
- republished;
- commercially exploited;
- incorporated into another website; or
- used to create derivative works
without OXCRED’s prior written consent.
You may view and use the Website for legitimate personal or business evaluation purposes.
14. CLIENT MATERIALS
The Client retains ownership of material that it supplies to OXCRED unless otherwise agreed.
The Client grants OXCRED the permissions reasonably necessary to use, reproduce, modify and process such material for purposes of providing the contracted services.
The Client represents that such material does not infringe any third-party rights.
15. PORTFOLIO AND MARKETING USE
Unless otherwise agreed in writing, OXCRED may identify a completed project as part of its portfolio and may display publicly available aspects of the project for marketing purposes.
However, OXCRED will not intentionally disclose confidential Client information.
If a Client requires a project to remain confidential or does not want the project displayed publicly, this should be agreed in writing before publication.
16. CONFIDENTIALITY
Each party may receive confidential information belonging to the other.
Confidential information may include:
- business information;
- technical information;
- source code;
- credentials;
- product roadmaps;
- customer information;
- financial information;
- trade secrets; and
- other information that is reasonably understood to be confidential.
Each party agrees to use confidential information only for legitimate purposes connected with the relevant business relationship and to take reasonable steps to prevent unauthorised disclosure.
Confidentiality obligations do not normally apply to information that:
- is publicly available without breach;
- was already lawfully known;
- is independently developed;
- is received lawfully from another source; or
- must be disclosed by law or lawful authority.
17. SECURITY
OXCRED takes reasonable measures to protect its Website and systems.
However, no internet-based service can be guaranteed to be completely secure.
Users acknowledge that transmission of information over the internet involves inherent risks.
Users should not submit highly sensitive information through ordinary Website forms unless specifically requested and appropriate security measures have been communicated.
18. WARRANTIES AND DISCLAIMERS
To the maximum extent permitted by applicable law, the Website and its content are provided on an “as available” basis.
OXCRED does not guarantee that:
- the Website will always be available;
- the Website will operate without interruption;
- errors will always be corrected;
- the Website will meet every particular requirement;
- information will always be accurate or complete; or
- the Website will be free of harmful code.
Nothing in these Terms is intended to exclude or limit any right or protection that cannot lawfully be excluded or limited under South African law.
19. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, OXCRED will not be liable for indirect, incidental, special or consequential loss arising from use of or inability to use the Website.
This may include, where legally permissible:
- loss of profits;
- loss of revenue;
- loss of business opportunities;
- loss of anticipated savings;
- loss of data; or
- business interruption.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by South African law, including liability arising from fraud, intentional misconduct or any statutory consumer right that cannot lawfully be excluded.
20. INDEMNITY
To the extent permitted by law, a User agrees to indemnify OXCRED against claims, losses, damages and reasonable costs arising directly from the User’s unlawful use of the Website, violation of these Terms or infringement of third-party rights.
This clause does not apply to the extent that the claim resulted from OXCRED’s own unlawful conduct, negligence or other liability that cannot legally be transferred.
21. LINKS TO THIRD-PARTY WEBSITES
The Website may contain links to third-party websites.
These links are provided for convenience and do not constitute endorsement or approval of the linked website.
OXCRED does not control third-party websites and is not responsible for their:
- content;
- availability;
- security;
- privacy practices;
- products; or
- services.
Users should review the applicable third-party terms and privacy policies.
22. ELECTRONIC COMMUNICATIONS
Where you communicate with OXCRED electronically, including by email or through Website forms, you acknowledge that electronic communications may be used for business purposes.
Nothing in these Terms guarantees that an electronic communication is received until OXCRED has acknowledged receipt where such acknowledgement is required.
The ECT Act regulates various aspects of electronic transactions and communications in South Africa.
23. DIRECT MARKETING
Where permitted by applicable law, OXCRED may communicate with existing clients or persons who have requested information about our services.
Marketing communications will include an appropriate mechanism for opting out where required.
We will not knowingly send unsolicited commercial communications in circumstances prohibited by applicable South African law.
24. PRIVACY
OXCRED processes personal information in accordance with its Privacy Policy.
The Privacy Policy forms part of the Website’s legal framework and explains how personal information is collected, used, stored and protected.
26. CHANGES TO THESE TERMS
OXCRED may update these Terms from time to time.
The latest version will be published on the Website with the applicable “Last Updated” date.
Your continued use of the Website following publication of amended Terms may constitute acceptance of the amended Terms, subject to applicable law.
27. SUSPENSION OR TERMINATION
OXCRED may suspend or restrict access to the Website where reasonably necessary, including where:
- the Website requires maintenance;
- security is threatened;
- unlawful activity is suspected;
- these Terms are breached; or
- operational circumstances require suspension.
28. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed or limited to the extent necessary, without affecting the validity of the remaining provisions.
29. NO WAIVER
Failure by OXCRED to enforce a provision of these Terms does not constitute a waiver of its right to enforce that provision later.
30. GOVERNING LAW
These Terms are governed by the laws of the Republic of South Africa.
Subject to any mandatory jurisdiction or consumer rights applicable under South African law, disputes arising from these Terms will be subject to the jurisdiction of the South African courts.
31. CONSUMER RIGHTS
Where the Consumer Protection Act 68 of 2008 (“CPA”) applies, nothing in these Terms is intended to deprive a consumer of rights or protections that cannot lawfully be excluded.
The CPA contains requirements relating to consumer agreements and terms and conditions, including requirements concerning written agreements and financial obligations.
32. ENTIRE AGREEMENT
These Website Terms, together with the Privacy Policy and any applicable project-specific agreement, constitute the applicable agreement regarding the matters addressed herein.
A project-specific agreement will prevail where it expressly addresses a matter differently.
33. CONTACT
Questions concerning these Terms may be directed to:
OXCRED (PTY) LTD
Telephone: 064 672 0142
Email: support@oxcred.co.za