Website Terms and Conditions: Business Catalyst Consultants (PTY) LTD t/a DirectCloud.io
Last updated: 01 August 2025
Version: 1.0.6
1. Important Notice and Acceptance
1.1. Purpose. These Terms and Conditions (Terms) govern access to and use of the website located at directcloud.io and any related pages, portals, subdomains, online tools, or services made available thereon (collectively, the Site).
1.2. Binding agreement. By accessing or using the Site, a person or entity (the User) agrees to be bound by these Terms. Access or use is not permitted where these Terms are not accepted.
1.3. Multi-jurisdictional application. These Terms are intended to operate in South Africa, Australia, and the United Kingdom. Mandatory rights under the law of the User’s place of residence (including consumer protections) are preserved and prevail to the extent of any inconsistency.
1.4. Changes. These Terms may be updated from time to time under clause 22. Continued access or use after the effective date of an update constitutes acceptance of the updated Terms.
2. Definitions
In these Terms:
2.1. Company means Business Catalyst Consultants (PTY) LTD (incorporated in South Africa) trading as DirectCloud.io, and includes affiliates and permitted assigns.
2.2. Content means text, graphics, software, tools, designs, databases, documentation, interfaces, logos, audio-visual material, and any other materials on or made available via the Site.
2.3. Consumer means a User who acquires goods or services for personal, domestic, or household use or consumption, or as otherwise defined under applicable law (including the South African Consumer Protection Act 68 of 2008 (CPA), the Australian Consumer Law (ACL) in Schedule 2 to the Competition and Consumer Act 2010 (Cth), and the UK Consumer Rights Act 2015 (UK CRA)).
2.4. E-transactions legislation means, as applicable: South Africa’s Electronic Communications and Transactions Act 25 of 2002 (ECT Act); Australia’s Electronic Transactions Act 1999 (Cth) and corresponding State/Territory legislation; and the UK Electronic Communications Act 2000 and related regulations.
2.5. Intellectual Property (IP) means copyright, trademarks, service marks, designs, patents, domain names, trade names, database rights, moral rights, and other intellectual property rights anywhere in the world, whether registered or unregistered.
2.6. Privacy Laws means, as applicable: the Protection of Personal Information Act 4 of 2013 (POPIA); the Australian Privacy Act 1988 (Cth) including the Australian Privacy Principles (APPs); and the UK GDPR and Data Protection Act 2018 (UK DPA).
2.7. Service Terms means any service-specific terms, order forms, statements of work, acceptable use policies, or schedules referenced by or incorporated into these Terms.
2.8. User Content means any information, data, text, images, files, links, code, or other materials submitted, posted, uploaded, transmitted, or otherwise made available by a User via the Site.
3. Electronic Transactions and Communications
3.1. Validity. Subject to applicable E-transactions legislation, contracts concluded electronically via the Site, electronic records, digital signatures, click-through acceptances, and electronic notices are valid and enforceable.
3.2. Records. The Company may keep records of transactions, consents, and notices in electronic form. Users are responsible for retaining their own copies of records and confirmations.
4. Access to the Site
4.1. Eligibility. Access may be restricted where prohibited by law. Business Users represent authority to bind the relevant entity.
4.2. Availability. The Site may be modified, suspended, or discontinued at any time. Reasonable efforts will be made to minimize disruption.
4.3. Accounts. Where account creation is offered, accurate and current information must be provided and kept secure. Account credentials must not be shared without authorization.
4.4. Support. General support information may be provided on the Site. Response times are not guaranteed unless specified in applicable Service Terms or service-level agreements.
5. Acceptable Use
5.1. Standards. Use of the Site must be lawful, responsible, and consistent with these Terms. Without limitation, the following is prohibited:
(a) infringement of IP or other rights;
(b) unauthorized access, probing, or security testing;
(c) introducing malware, bots, or harmful code;
(d) scraping, bulk extraction, or automated data harvesting, except as permitted by robots.txt or with prior written consent;
(e) interference with Site operation, performance, or availability;
(f) posting or transmitting unlawful, defamatory, fraudulent, offensive, or misleading material;
(g) circumventing technical controls or usage limits;
(h) commercial exploitation of Content except as expressly permitted.
5.2. Reporting. Abuse, security issues, or policy violations may be reported under clause 20 (Notices) or via the contact details above. Good-faith security research is welcomed only with prior written authorization.
6. User Content
6.1. Responsibility. User Content is the sole responsibility of the User that provides it. The Company is not obliged to monitor User Content but may do so to protect the Site and enforce these Terms.
6.2. License. By submitting User Content, the User grants the Company a non-exclusive, worldwide, royalty-free license to host, store, cache, reproduce, and display such User Content solely as necessary to operate, secure, and improve the Site and any related services, and to comply with law. This license terminates when the User Content is deleted, except to the extent copies must be retained for legal or operational reasons.
6.3. Takedown. The Company may remove or disable access to User Content that appears to violate these Terms or law. Affected Users may request review via the procedure in clause 7.
7. IP Infringement and Takedown Procedure
7.1. Notices. Allegations of copyright or other IP infringement should include: identifying details of the rights owner; a description and precise URL(s) of the material; a statement of good-faith belief in the alleged infringement; a statement of authority to act; contact details; and a physical or electronic signature.
7.2. Counter-notices. Where applicable law provides, a counter-notice may be submitted with sufficient detail to identify the material and assert rights or defenses.
7.3. ECT Act Considerations (South Africa). Takedown requests may be submitted under the ECT Act and applicable industry codes. The Company will act expeditiously upon receipt of proper notice, subject to legal rights and obligations.
8. Intellectual Property and License to Use the Site
8.1. Ownership. Except for User Content, all IP in the Site and Content is owned by or licensed to the Company. All rights not expressly granted are reserved.
8.2. Limited license. Subject to these Terms, the User is granted a revocable, non-exclusive, non-transferable license to access and use the Site for legitimate purposes. No ownership rights are transferred.
8.3. Restrictions. Except to the extent permitted by non-excludable law, no part of the Site or Content may be copied, modified, adapted, translated, reverse-engineered, de-compiled, or distributed without prior written consent.
8.4. Trade marks. DirectCloud.io and associated marks are trade marks of the Company or licensors. No right to use any trade mark is granted except as expressly authorized in writing.
9. Third-Party Links, Tools, and Advertising
9.1. Links. The Site may link to third-party sites or integrate third-party tools. The Company does not control or endorse third-party content and is not responsible for it. Access is at the User’s own risk.
9.2. Advertising & sponsorship. Sponsored content, affiliate links, or advertising may appear on the Site. Interests or commissions may be received. Where required by law, such relationships will be disclosed.
9.3. 9.3 No warranty. Third-party products or services are supplied subject to the terms of their providers.
10. Direct Marketing and Electronic Messaging
10.1. Compliance. Direct marketing and electronic messages will comply with applicable laws, including POPIA section 69 (South Africa), the Spam Act 2003 (Cth) and associated regulations (Australia), and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (UK) as retained in UK law.
10.2. Consent and opt-out. Where consent is required, marketing communications will be sent only with valid consent. Clear unsubscribe mechanisms will be provided and honoured within required timeframes.
10.3. Records. Consent and opt-out preferences may be recorded to maintain compliance.
11. Privacy and Data Protection
11.1. Privacy Policy. Processing of personal information is governed by the Privacy Policy available at: [insert URL]. The Privacy Policy forms part of these Terms by reference.
11.2. Compliance. The Company processes personal information in accordance with applicable Privacy Laws (POPIA, APPs under the Australian Privacy Act, and UK GDPR/UK DPA), including transparency, purpose limitation, security safeguards, and rights of access/correction where applicable.
11.3. International transfers. Cross-border transfers may occur subject to appropriate safeguards required by law (e.g., contractual clauses or adequacy decisions).
11.4. Requests and rights. Requests to exercise data rights should be submitted per the Privacy Policy. Statutory timeframes and exemptions apply.
12. Purchases, Trials, and Service Terms (if applicable)
12.1. Service Terms. Paid services, subscriptions, trials, or promotions available via the Site are subject to applicable Service Terms. In case of conflict, the Service Terms prevail for those services.
12.2. Pricing and taxes. Prices, fees, and taxes will be displayed or disclosed in the relevant order flow. Errors and omissions are excepted.
12.3. Consumer information and cooling-off. Consumer information requirements and cancellation rights mandated under local law (including the UK Consumer Contracts Regulations 2013, the ACL, and the CPA/ECT Act as applicable) are preserved. Where a statutory cooling-off right applies, it may be lost where services commence during the cooling-off period with express request and acknowledgment as permitted by law.
13. Warranties and Disclaimers
13.1. General. The Site and Content are provided “as is” and “as available”. To the maximum extent permitted by law, all representations, warranties, or conditions not expressly stated are excluded.
13.2. Security. Reasonable technical and organizational measures are implemented to protect the Site; however, absolute security cannot be guaranteed. The User is responsible for appropriate safeguards (e.g., passwords, backups, endpoint protection).
13.3. No professional advice. Unless expressly stated, Content is for general information only and does not constitute professional, legal, financial, or technical advice.
14. Limitation of Liability
14.1. Non-excludable rights preserved. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including:
(a) in Australia, the ACL consumer guarantees and remedies;
(b) in the UK, liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, and non-excludable statutory rights under the UK CRA;
(c) in South Africa, liability that cannot be excluded under the CPA or other mandatory law.
14.2. Limitations (business Users). Subject to clause 14.1, for Users that are not Consumers, the Company is not liable for: (i) loss of profit, revenue, business, or savings; (ii) loss or corruption of data; (iii) loss of goodwill; or (iv) indirect or consequential loss, in each case arising out of or in connection with the Site, whether in contract, delict/tort (including negligence), statute, or otherwise, even if foreseeable.
14.3. Cap (business Users). Subject to clause 14.1, for Users that are not Consumers, the Company’s aggregate liability arising from or in connection with the Site is limited to the greater of:
(a) the fees paid by that User for access to paid Site features in the 12 months preceding the event giving rise to liability; or (b) ZAR 50,000 / AUD 5,000 / GBP 2,500 (converted at the date of judgment).
14.4. 14.4 Consumer remedies (Australia). Where the ACL applies, the Company’s liability for failure to comply with a consumer guarantee is limited, to the maximum extent permitted, to: (a) in the case of services—supplying the services again or paying the cost of having the services supplied again.
14.5. 14.5 Reasonableness (UK). For Users subject to UK law, any limitation is intended to be reasonable and proportionate as contemplated by the UK CRA and the Unfair Contract Terms Act 1977.
15. Indemnity (business Users)
15.1. Indemnity. Users that are not Consumers indemnify the Company and its personnel against third-party claims, losses, and costs arising from:
(a) User Content;
(b) breach of these Terms;
(c) infringement or violation of third-party rights; or
(d) unlawful or negligent use of the Site.
15.2. Process. The Company will give prompt notice of a claim, reasonable cooperation, and control of the defense (subject to reservation of rights). This clause does not require indemnification to the extent a claim results from the Company’s breach of law or these Terms.
16. Security, Maintenance, and Suspension
16.1. Maintenance. Scheduled or emergency maintenance may occur.
16.2. Suspension/termination. Access may be suspended or terminated immediately where:
(a) required by law;
(b) necessary to protect the Site or third parties;
(c) the payment of services is not received; or
(c) the User breaches these Terms. Where reasonable, notice will be given and an opportunity to respond.
16.3. Data retention. The Company may retain logs and records as required for legal, security, and operational purposes.
17. Accessibility
17.1. Commitment. The Site aims to follow recognized accessibility standards.
17.2. Feedback. Accessibility requests or issues may be submitted via the contact details in the header block.
18. Compliance with Laws
18.1. General. The User is responsible for compliance with all laws applicable to use of the Site, including export controls and sanctions where relevant.
18.2. Conflicts. In case of conflict between these Terms and non-excludable local law, local law prevails to the extent of the conflict.
19. Dispute Resolution
19.1. Good-faith resolution. Parties will first attempt to resolve disputes through good-faith discussions within 30 days of written notice.
19.2. Mediation (Consumers). Consumers may elect mediation through a recognized dispute resolution body in their home jurisdiction (e.g., in South Africa, an accredited ombud where applicable; in Australia—the relevant State/Territory fair trading or Resolution Institute mediation; in the UK—CEDR or another suitable mediator).
19.3. Mediation/Arbitration (business Users). For Users that are not Consumers, unresolved disputes may be referred to:
(a) South Africa: mediation, and failing resolution within 30 days, arbitration under the AFSA rules seated in Cape Town, conducted in English;
(b) Australia: mediation, and failing resolution, arbitration under the ACICA rules seated in Sydney, conducted in English;
(c) United Kingdom: mediation, and failing resolution, arbitration under the LCIA rules seated in London, conducted in English.
19.4. Interim relief. Nothing prevents either party from seeking urgent injunctive or equitable relief in a court of competent jurisdiction.
19.5. Consumer rights. This clause does not limit rights to approach a competent court, tribunal, or regulator where such rights are non-excludable under local consumer law.
20. Notices and Contact
20.1. Method. Notices may be given by email, registered post, courier, or by posting a notice on the Site.
20.2. Service addresses. Company service address: the registered office set out in the header block or as updated on the Site. User service address: the contact details provided during account creation or interaction with the Site.
20.3. Effective time. Notices by email are effective on transmission if sent during business hours at the recipient’s location, otherwise on the next business day. Posted notices on the Site are effective upon posting.
20.4. Complaints. Complaints may be submitted to the Company using the contact details above. Where applicable, Users may seek assistance from relevant consumer protection bodies; this does not affect statutory rights.
21. Assignment and Subcontracting
21.1. Assignment by Company. The Company may assign, novate, or transfer rights or obligations under these Terms to an affiliate or successor in connection with a restructure, merger, acquisition, or asset transfer.
21.2. Assignment by Users. Users may not assign or transfer rights or obligations without prior written consent.
21.3. Subcontracting. Subcontractors may be engaged; the Company remains responsible for their performance in relation to the Site.
22. Changes to the Site or Terms
22.1. Site changes. Features may be added, changed, or removed.
22.2. Terms updates. These Terms may be amended by posting an updated version with a revised “Last updated” date. Material changes will be signposted on the Site or via email (where practicable).
22.3. Effective date. Changes take effect on posting unless a later date is stated.
23. Force Majeure
23.1. No liability. The Company is not liable for delay or failure due to events beyond reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labour disputes, failures of suppliers or utilities, or network/hosting failures.
23.2. Mitigation. Reasonable efforts will be made to mitigate and resume performance promptly.
24. Severability, Waiver, and Entire Agreement
24.1. Severability. If any provision is held invalid, unlawful, or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions remain in effect.
24.2. No waiver. Failure or delay to enforce any provision is not a waiver.
24.3. Entire agreement. These Terms, together with any incorporated Service Terms and the Privacy Policy, constitute the entire agreement regarding access to and use of the Site.
25. Governing Law and Jurisdiction
25.1. Consumers. For Consumers, the governing law and forum will be the law and courts/tribunals of the Consumer’s place of habitual residence, except that a Consumer may choose to bring a claim in South Africa if preferred. Mandatory consumer protections in that jurisdiction apply.
25.2. Business Users (choice of law). For Users that are not Consumers, these Terms are governed by the laws of:
(a) South Africa, where the principal place of use or the contracting entity is in Africa or outside the UK/Australia;
(b) Australia, where the principal place of use or the contracting entity is in Australia or New Zealand;
(c) England and Wales, where the principal place of use or the contracting entity is in the United Kingdom or Europe.
25.3. Business Users (forum). Subject to clause 19, the courts corresponding to the governing law in clause 25.2 have exclusive jurisdiction. The Company may nonetheless commence proceedings in the courts of the User’s domicile where appropriate for enforcement purposes.
25.4. Conflict of laws. Choice-of-law rules are excluded to the extent permitted. The UN Convention on Contracts for the International Sale of Goods does not apply.
26. Survival
26.1. The following provisions survive termination or expiry: clauses 6, 7, 8, 11, 13–16, 19, 20, 23–26 and any others which by their nature are intended to survive.
27. Contact Details
• Legal name: Business Catalyst Consultants (PTY) LTD t/a DirectCloud.io
• South Africa service address: Unit 1 Monaco Square, 14 Church Street, Durbanville, Cape Town, South Africa, 7550
• Email for legal notices and takedowns: info@directcloud.io
• Telephone (business hours): +27 83 419 4851
