Brownie Points | Do good, better

Brownie Points Terms & Conditions of Use and Service

By accessing or using https://browniepoints.africa/ or any of its related blogs, websites or platforms (collectively, “the Website”), owned by Brownie Points (Pty) Ltd. (reg: 2015/165105/07) (“Brownie Points”), a private limited liability company registered and operating in accordance with the laws of South Africa, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by Brownie Points.

Please see Brownie Points’ distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

Please read these terms carefully before accessing or using the Website and/or Services. Brownie Points will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.

It is important to note the following:

The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Website or Brownie Points Services for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to Brownie Points or its possession.
Not all terms are necessarily defined in order.
These terms were last updated on 2 March 2020.
In order to become a Host on the Website, you must complete the additional Host’s Agreement with Brownie Points.
If you would like to contract with Brownie Points to licence an online platform/SaaS from Brownie Points, to have and manage your own platform, please see clause 4 below for more information thereon, contact [email protected] and complete the relevant SaaS Licence Agreement (“Licence Agreement”) with Brownie Points when prompted.

Introduction to the website and services
1. Brownie Points provides an online platform which, amongst other services (“Brownie Points Services”), operates as an online hosting software-as-a-service platform allowing independent cause hosts (“Hosts”) of various community development-focused missions (“Missions”) to advertise their Missions and services on the Website (“Host Services”). Users can search through these Hosts as well as their Missions and Host Services on the Website, and subsequently engage the relevant Host via the Website to attend and/or participate in the Missions listed, which transaction and/or engagement is entirely the private engagement between the relevant users, and has nothing further to do with Brownie Points.
2. Depending on the exact Brownie Points Services used on the Website or derived from Brownie Points otherwise, users may need to pay a fee to Brownie Points (“Fee”), which fee shall be determined as per these Terms and Website-provided information, and explained to a user before incurring any fee.
3. These Terms explain the conditions applicable to all users, including Hosts, using the Website and/or the Brownie Points Services. In order to become a Host on the Website, you must complete the additional Host’s Agreement with Brownie Points, and be subject to those additional conditions of offering your Host Services on the Website.
4. In order to use many of the Brownie Points Services and/or become a Host, users must register on the Website using the prompted methods, and submit any required information to create a “Profile” – more information about this below.
5. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Brownie Points uploading the amended Terms to the Website. Your continued access or use of the Website and/or Brownie Points Services constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
6. Supplemental terms may apply to certain Brownie Points Services, such as policies for a particular activity or promotion or from a particular Host, and such supplemental terms will be disclosed to you in connection with the applicable Brownie Points Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the Brownie Points Services.
7. Users also understand that each Host may have their own additional and unique terms applicable to their Hosting Services and/or Missions, which the user may be required to accept and adhere to when engaging with the relevant Host for that Cause.
8. Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages against the infringing party and/or be a criminal offence.
Relationship between the parties
1. BROWNIE POINTS PROVIDES SOFTWARE SERVICES AND IS NOT AN EMPLOYER, RETAILER, LABOUR BROKER, NOR EMPLOYMENT OR OTHER ADVISER NOR PROVIDER. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE BROWNIE POINTS SERVICES ARE FOR INFORMATION PURPOSES ONLY, WHERE ANY FORMAL TRANSACTIONS BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH BROWNIE POINTS HOLDS NO RESPONSIBILITY.
2. All users understand and expressly agree that a Host is at all times an independent service provider, and is not an employee, partner nor agent of Brownie Points’ in any regard. As such, all Host-related issues or Host Service features are exclusively the liability of the Host, and not of Brownie Points. Brownie Points may assist the users in engaging, via the Website, but the Host is always responsible and liable for any and all of their Host Service and/or Missions offered.
3. If a Host is engaged by a user in a formal relationship subsequent to their use of the Website and Brownie Points Services, these parties do so entirely at their own risk and via private arrangement.
4. Although Brownie Points carefully curates Hosts, Missions and/or user Profiles prior to being placed on the Website, Brownie Points is not responsible for the quality or standard of any information advertised or displayed on any Profile, or derived from any tool used on the Website.
User registration process
1. In order to become a user of the Brownie Points Services, and/or register as a Host on the Website and search/post the Host Services/Missions, you must complete the necessary registration process detailed on the Website and acquire a “Profile”. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
2. Brownie Points requires you to submit your full name, email address and mobile number when registering a Profile. Hosts may then setup additional features of their Profile, including adding their Host Services, Missions, or other Host information, which setup may require further information to be submitted, as prompted by the Website. Users can also add further information to their Profiles should they wish to, which additional information will not be public and is for the benefit of the user’s records only.
3. To protect your privacy and security, the Website takes reasonable steps to verify your identity by requiring confirmation of your email address and setting a password in order to grant access to your Profile and data. To view or change your personal information provided, you can go and action your changes yourself in your Profile and/or account settings.
4. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your login details or password with anyone.
5. By submitting your personal information to the Website for its use in a Profile or otherwise, you consent to Brownie Points using this information to facilitate a connection between you and another user.
6. Please see Brownie Points’ Privacy Policy regarding more details on how Brownie Points uses and processes your personal information.
7. By using the Website and/or Services, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website and/or Services only with the involvement and supervision of your parent or legal guardian. By your continued use of the Website and/or Services as a minor, your parent or legal guardian warrants that they will supervise your use of same use at all times, hereby provides their consent thereto, agrees to be bound to the Terms and to be liable and responsible for you and all of your obligations under these Terms.
The services - Profiles, services and fees
1. In order to attend or host Missions, users must register a Profile using the relevant tools on the Website, and to access the Services.
2. In addition to registering a Profile on the Website, Hosts can then apply to have their Host Services/Missions made available on the Website, using the relevant prompts on the Website. Mere application as a Host with Brownie Points does not guarantee that the Host will indeed have their Host Services/Missions made available on the Website. Same will be contingent on various factors, including the Host’s successful adherence with this Agreement and the additional terms applicable to Host’s specifically, as contained in the distinct Host Agreement.
3. In order to have access to recommended content (such as Missions) aligned to the users’ location, interests and affiliations, users may provide additional information in their Profile.
4. Users can also make use of their personal “Dashboard” in their Profile which details and/or facilitates the user’s use of the Services, such as the creation and management of Missions, Campaigns and Teams. Users can then use the “Account Settings” feature on the Website to change their personal/organisational details, including the settings pertaining to their unique Profile and account, such as confirming payment settings.
5. The Website and Brownie Points provides various online software-as-a-service services, which amongst others, includes the following great offerings for both general users as well as Hosts:
  1. Users can search through the various Host Services/Missions made available on the Website by Hosts, and attend and/or participate in those Missions from the Hosts, where Brownie Points will merely facilitate this private engagement between the users and the Hosts.
    1. Further, users can also create and/or detail:
      1. types of Missions indicating the sector/industry they like or are involved in (“Cause Types”);
      2. a group of Missions aligned to the same sector/interest, organisation, or goal (“Campaign”);
      3. whether they are a participant in various forms (such as a volunteer or donor) – “Supporter”; and
      4. whether they are part of a team of users (“Team”).
  2. Users must complete the relevant steps advertised by each Host relating to their facilitated Host Services/Cause, which may include the provision of certain information, the completion of certain forms (which may include a Host’s own terms and conditions or disclaimer forms) and the adherence with the Cause’s particular conditions and requirements (such as times, dates, dress requirements, tools required etc.), which will be detailed on the Website by the relevant Host.
  3. Users explicitly understand and agree that any issues or conflict derived or suffered as a result of a user’s participation in an Cause, is exclusively the responsibility of either the user, the Host or both the user and the Host.
  4. Hosts can make application to Brownie Points via the Website to have their Host Services/Missions listed on the Website for general users to then search through, and attend and/or participate in using the Website as a facilitating platform.
  5. Hosts can detail their Missions/Host Services on the Website and include all necessary information for a user to participate therein, such as cost, relevant dates/times and any further information needed.
  6. Brownie Points licences-out SaaS versions of the Website to parties who wish to manage and run their own online platform, such as schools, companies and any other organisation which can use an excellent management tool for their own missions.
  7. The SaaS licensed to parties by Brownie Points can be designed in various ways to suit the particular needs of the party, where we currently offer the following options for parties to licence from Brownie Points:
    1. Set-designed SaaS: a white-labelled SaaS cause platform with particular set-functionality which the relevant user will licence from Brownie Points for a particular period of time and for particular purposes. Brownie Points will provide you with the SaaS platform options when contracting with you; and/or
    2. Custom-designed SaaS: a custom-designed SaaS cause platform with functionality uniquely designed and tailored for the particular user, as discussed and agreed between the user and Brownie Points when contracting.
  8. The licensing of a SaaS platform from Brownie Points will be subject to the user’s payment of a Fee to Brownie Points, which exact Fee will be detailed and governed by the Licence Agreement concluded.
  9. In order to contract with Brownie Points for either of the above options and obtain your own SaaS platform under licence from Brownie Points, please contact [email protected] and complete the relevant Licence Agreement with Brownie Points, which agreement will contain all of the additional distinct terms and conditions for licencing same platform SaaS from Brownie Points as well as all other terms related thereto.
6. Please consult the pricing page on our Website or contact us at [email protected] for details of our applicable Services at any given time.
7. In order to use the Website as a regular user, there is no Fee.
8. To licence a SaaS platform from Brownie Points, the user will pay a Fee to Brownie Points, which Fee will be dictated by the Licence Agreement concluded between the parties, and determined by the functionality of the platform licenced.
9. For further information on the current Brownie Points Services available generally or applicable to you, please contact [email protected] and we will gladly assist.
10. To terminate your use of the Brownie Points Services or the Website, please see clause 15 below.
11. Brownie Points may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Brownie Points Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Brownie Points Services or the fees applied to you.
12. Brownie Points reserves the right to establish, remove and/or revise any Fees for any or all services obtained through the use of the Brownie Points Services at any time in Brownie Points’ sole discretion. Brownie Points will use reasonable efforts to inform you of all charges or Fees that may apply to you, provided that you will be responsible for the payment of all Fees properly incurred under your Profile.
User responsibilities and warranties
1. By using the Website and/or the Brownie Points Services, you warrant that:
  1. you have read and agreed to these Terms and will use the Website in accordance with them;
  2. you have not made any misrepresentations and the information provided in the registration process and/or in your Host Services/Missions is true, accurate and complete;
  3. you will timeously pay any due Fees to Brownie Points when required to do so under these Terms or the Licence Agreement to which you are a party;
  4. you expressly understand and agree to how Brownie Points is only a facilitating party for all users, and any liability stemming from any Host Services/Missions lies exclusively with the relevant Host, and not with Brownie Points;
  5. you are the age of majority in your country of residence and/or possess the legal authority and capacity to act on your own and/or on behalf of your employer organisation, and lawfully possess and submit all information to the Website for the use of it or the Brownie Points Services;
  6. if you a minor, are using the Services/Website strictly under the supervision and consent of your parent/guardian;
  7. you will not post, upload, replicate or transmit any abusive content on the Website that is or could reasonably be considered, in Brownie Points’ sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Website;
  8. 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 Website 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 Website or the underlying software code;
  9. you will be liable, to whichever relevant authority, to pay any tax or duty or VAT associated with your receipt of any fees from another user, as is required by the system of law to which you are subject, where Brownie Points is not liable at all for such payment of any such tax, duty or VAT on your behalf;
  10. you will not infringe any third party’s or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
  11. you will treat all other users and Hosts with respect and dignity at all times;
  12. you will not use the Website platform for any commercial purpose other than as expressly provided for by Brownie Points and the Terms;
  13. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and
  14. you will not facilitate or assist any third party to do any of the above, failing which, same infringement will be automatically deemed to be a material breach of these Terms, and sanctions will be levied against the infringing party.
2. The Website is only available on compatible devices connected to the internet which possess and operate on up to date internet browsers. It is your responsibility to obtain these devices, ensure that your web browser is up to date, as well as obtain any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees. The same applies to your geo-locationary information, in that some of the Brownie Points and/or Host Services requires you to have geo-locationary functionality in order to function.
3. Without prejudice to any of Brownie Points’ other rights (whether at law or otherwise), Brownie Points reserves the right to deny you access to the Website or the Brownie Points Services where Brownie Points believes (in its reasonable discretion) that you are in breach of any of these Terms, or for any other reason, provided it provides you with relevant notice.
4. Brownie Points does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
Receipt and transmission of data messages
1. Data messages, including email messages, sent by you to Brownie Points will be considered to be received only when acknowledged or responded to.
2. Data messages sent by Brownie Points to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
3. Brownie Points and/or Hosts reserve the right not to respond to any email or other data message which 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 where necessary.
4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Brownie Points is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between Brownie Points and a user, or between users.
Hyperlinks, deep link, framing
1. The Website may include links to other internet sites ("the other sites"). Brownie Points does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any Brownie Points endorsement, agreement on or support of the content or products of such target sites.
2. Brownie Points does not purport to own the content on the other sites which may be shown on the Website.
3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party and/or Host.
Advertising and sponsorship
1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
2. Brownie Points, its shareholders, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
Intellectual property protection
1. All Website material, content, information, Service information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, , trademarks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and Brownie Points in use of the Brownie Points Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Brownie Points, its legitimately authorised third-parties, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
  1. For clarity, all rights to any intellectual property provided by a user to the Website (including photos, descriptions and/or content relating to a Profile, user or any Cause or Campaign) will remain with the user, but for which the user has provided Brownie Points with a non-exclusive, non-transferable licence to use such user intellectual property as Brownie Points deems fit on the Website and/or in advertising, for as long as the user remains registered on the Website.
2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website 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 on the Website or the underlying software code whether in whole or in part, without the written consent of Brownie Points first being granted, which consent may be refused at the discretion of Brownie Points. No modification of any intellectual property or editorial content or graphics is permitted.
3. Brownie Points reserves the right to make improvements or changes to the intellectual property, information, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice; provided that any transactions already concluded through the Website resulting in any fees, will not be affected by such suspension or termination, as the case may be.
4. Where any of the Website intellectual property has been licensed to Brownie Points or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Brownie Points Services, 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.
5. Subject to adherence to the Terms, Brownie Points grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Brownie Points.
6. Any enquiries regarding any of the above relating to intellectual property must be directed to Brownie Points at [email protected].
Privacy and personal information policy
1. Please see our comprehensive Privacy Policy to understand how we process your personal information when you use the Website and/or Services.
Disclaimers and warranties
1. The Website, including any intellectual property appearing therein, is provided "as is" and "as available". Brownie Points makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user, the information contained on Host Services/Missions and/or Website in any way.
2. All information or opinions of users made available on the Website in relation to any of the Brownie Points Services or Host Services/Missions are those of the authors and not Brownie Points. While Brownie Points makes every reasonable effort to present such information accurately and reliably on the Website, Brownie Points does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website, in Host Services/Missions or from another user.
3. Brownie Points, its shareholders, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom, including a user’s use of any Host Services/Product in any way.
4. Brownie Points, its shareholders, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Brownie Points Services, and access to, or use of, the Website in any manner.
5. Users from locations outside of South Africa, please note that Brownie Points complies with all South African laws in representing and offering the Brownie Points Services. Should foreign law be applicable in any regard to your use of the Brownie Points Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify Brownie Points from any liability it may acquire by virtue of its supply of the Website and/or Brownie Points Services.
6. Brownie Points takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, Brownie Points does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
Indemnities
1. The user indemnifies and holds harmless Brownie Points, its shareholders, employees, and partners from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or Brownie Points Services offered or concluded through the Website in any way.
2. The user agrees to indemnify, defend and hold Brownie Points harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the Brownie Points Services or Host Services/Missions and for breach of these Terms.
3. This clause will survive termination of this agreement.
Company information
1. Site/Domain owner: Brownie Points (Pty) Ltd
2. Company type: PTY LTD
3. Registration Number: 2015/165105/07
4. Director: Pascale Henke
5. Description of main business: Online software-as-a-service platform
6. Telephone number: +27 (0) 79 711 2922
7. E-mail address: [email protected]
8. Website address: https://browniepoints.africa
9. Physical address: Ideas Cartel, The Old Foundry, 1 Sand Hill Road, Green Point, Cape Town, 8001, South Africa
10. Postal address: 7 Homewood, 3 Hill Road, Green Point, 8005, Cape Town
11. Registered address: Ideas Cartel, The Old Foundry, 1 Sand Hill Road, Green Point, Cape Town, 8001, South Africa
12. Membership of any association: N/A
Dispute resolution and governing law
1. The user’s access and/or use of the Website, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.
2. Should any dispute, disagreement or claim arise between a user and Brownie Points concerning use of the Website or the Brownie Points Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
3. Should the 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 discussion between them, for the purposes of finding a mutually beneficial solution.
4. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
5. All dispute resolution processes must take place in Cape Town, South Africa.
6. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. 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.
7. Users expressly understand and agree that any dispute they may have with a Host relating to a Host Services, Cause or their private engagement, is exclusively between the Host and user, where Brownie Points is in no way involved nor liable.
Termination of use of website or services
1. IN ADDITION TO THE RIGHTS ABOVE, BROWNIE POINTS RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE BROWNIE POINTS SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT BROWNIE POINTS GIVES REASONABLE NOTICE TO YOU.
2. If you wish to terminate this agreement with Brownie Points, or end your use of the Brownie Points Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website/Services.
  1. Should you be contracted with Brownie Points under a Licence Agreement for a SaaS Service, termination of same agreement is strictly governed by the Licence Agreement itself, and not these Terms.
3. The obligations and liabilities of any user incurred prior to the termination date of the Terms and/or use of the Brownie Points Services shall survive the termination of these Terms for all purposes, including the payment of any Fee which was due and payable before termination to Brownie Points.
4. In the event of termination of your agreement with the Terms and with Brownie Points, Brownie Points will remove you from the Website and delete your Profile.
Notices and service address
1. 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:
  1. in the case of Brownie Points, at [email protected]; or
  2. in the case of the user, at the email and addresses provided by the user to Brownie Points in the Profile registration process.
2. 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.
General
1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
2. No indulgence, leniency or extension of time granted by Brownie Points shall constitute a waiver of any of Brownie Points’ rights under these Terms and, accordingly, Brownie Points shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
3. 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.
4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
5. Should you have any complaints or queries, kindly address an email to [email protected] advising Brownie Points of same.
6. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Brownie Points, in its own capacity to the relevant user, in relation to the payment failure or breach and the rectification of same.
7. 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.
8. 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 of clause 17.7.