ICILY PROPRIETARY LIMITED
PLATFORM TERMS AND CONDITIONS
1. ABOUT OUR TERMS AND CONDITIONS
1.1. or functionality offered, owned or operated by Icily Live via our Platforms. These terms and conditions together with our Privacy Policy and Refund Policy (collectively, the “Terms”) will form a written contract between you and Icily Proprietary Limited (“Icily Live”, “we”, “us” and “our”) and will govern our relationship and your use of our Platforms and/or Services, subject to applicable law including the Consumer Protection Act, 2008 (“CPA”), the Protection of Personal Information Act, 2013 (“POPIA”) and, where applicable, the Electronic Communications and Transactions Act, 2002 (“ECTA”). When we refer to “Platforms” we mean all our websites, mobile sites, mobile apps, emails, social media platforms or any other technology or mechanism you may use to interact with us. “Services” refer to any products, goods, services
1.2. By visiting our Platforms and/or purchasing Services from us, you agree to be bound by our Terms. Our Terms apply to all users of our Platforms, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of Content. “Content” refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on our Platforms or Services and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on our Platforms or such Services.
1.3. We may amend the Terms from time to time. Any new version of the Terms will be published on our Platforms and will become effective from the date that we first published it. It is your obligation to visit our Platforms on a regular basis in order to determine whether any amendments have been made. By continuing to use our Platforms and/or Services after we published changes to the Terms, you agree to be bound by the changed Terms.
1.4. Some of our Platforms and/or Services may contain additional rules or terms from time to time, which may be relevant to specific Services you use or subscribe to. By using those Services, you agree to be bound by such additional rules and/or terms.
2. CONTENT ON OUR PLATFORMS AND INTELLECTUAL PROPERTY RIGHTS
Our Content
2.1. Icily Live owns or is entitled to use all of the Content made available on our Platforms or through our Services.
2.2. You may not, unless with our express consent -
2.2.1. reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer, expose or otherwise transfer or use for commercial purposes any Content;
2.2.2. decompile or reverse engineer the Content, or reduce the Content to any format other than the format in which they were delivered;
2.2.3. incorporate the Content into any other content for whatever purpose;
2.2.4. remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Content; or
2.2.5. frame any portion of a web page that is part of our Platforms or Services.
2.3. You may retrieve, store, cite or refer to or print Content from any of our Platforms or Services for educational, research, non-commercial, private or personal use only, as provided for under relevant copyright law.
Your Content
2.4. You will retain ownership of any original Content which you may upload, transmit or store when using our Platforms or Services.
2.5. Icily Live will own all compilations, collective works or derivative works created by us which may incorporate your Content.
2.6. You grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote on any medium, your Content which you may upload or make available for inclusion on publicly accessible areas on our Platforms or through our Services.
2.7. Any content you transmit or post to publicly accessible areas on our Platforms or Services shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such Content.
2.8. All information that you upload or share with us, must be true, accurate, relevant to our times and complete.
2.9. You warrant that you are authorised to supply such information to us.
2.10. In order to protect the integrity of our archives, we do not allow you to remove Content provided by you after it has been published on any of our Platforms or publications. We reserve the right to remove and delete any Content provided by you.
Third Party Content
2.11. Our Platforms or Services may include, from time to time, Content or advertisements from third parties and/or external links to other websites possessing their own content (“Third Party Content”).
2.12. You acknowledge that the Third-Party Content:
2.12.1. is beyond the control of Icily Live and that any reliance on any representation, statement or information contained in Third Party Content is at your risk.
2.12.2. cannot be verified by Icily Live, and that Icily Live cannot be expected to determine its accuracy or reasonableness; and
2.12.3. may contain representations, statements or information which does not represent the views, opinions or beliefs of Icily Live, its associates, directors or employees.
3. MARKETING COMMUNICATIONS
3.1. Icily Live may send direct marketing communications by electronic communication only where you have given your prior consent or you are an existing customer of Icily Live.
3.2. You may opt out of direct marketing at any time and free of charge by using the unsubscribe facility in the communication or by contacting privacy@icily.co.za.
3.3. Each direct marketing communication will include clear opt-out options. We will process personal information used for direct marketing in accordance with our Privacy Policy and applicable law.
4. OUR SERVICES
4.1. Certain Services may be available exclusively online through our Platforms. These Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
4.2. We have made every effort to display as accurately as possible the colours and images of our Services on our Platforms. However, we cannot guarantee that any colour or image will be displayed accurately on your device.
4.3. We reserve the right to limit the sales of our Services by geographic region.
4.4. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
4.5. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Platforms. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
4.6. For more details on our return and refund policy, kindly refer to our Refund Policy.
4.7. Nothing in these Terms excludes or limits your rights under the CPA. To the maximum extent permitted by law, we do not warrant that the quality of any Services, information or other material purchased or obtained by you will meet your subjective expectations or be fit for a particular purpose that was not expressly represented by us, and this disclaimer does not limit any statutory right or remedy.
5. THIRD PARTY GOODS, SOFTWARE AND SERVICES
5.1. We may offer services or products of third parties, or our Services in conjunction with that of third parties.
5.2. We provide such services or products subject to the terms, conditions and limitations imposed by those third parties.
5.3. If those third parties change, suspend or stop providing such services or products, we may similarly change, suspend or stop providing it to you. We may nevertheless endeavour to provide such a service in another way or by using another supplier or service provider.
5.4. When you acquire services or products from a third party through any of our Platforms or Services, you understand and agree that -
5.4.1. we are not a party to the contract between you and the third party;
5.4.2. we are under no obligation to monitor the third-party service used by you;
5.4.3. the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees; and
5.4.4. you will evaluate the product or service and the applicable terms and conditions before acquiring the product or service.
6. AVAILABILITY
6.1. While we endeavour to ensure that our Platforms and Services are normally available 24 hours a day, we shall not be liable if, for any reason, our Platforms or Services are unavailable at any time or for any period.
6.2. Access to our Platforms or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6.3. We reserve the right to amend, suspend or discontinue any Service or Platform, or any aspect thereof, including but not limited to available content, times of availability or equipment needed for access or use.
7. SECURITY AND PRIVACY
7.1. We will be entitled to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Platforms and/or Services.
7.2. You may not use our Platforms or Services in any manner which may compromise the security of our network or any other network connected to our network.
7.3. We take reasonable steps to secure your payment information. We use a payment system that is in our reasonable opinion sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.
7.4. We will deal with your personal information in accordance with the provisions of our Privacy Policy.
7.5. We process your personal information in accordance with the POPIA. Our Privacy Policy sets out the types of personal information we collect, the purposes for which it is processed, your rights as a data subject (including the right to access, correct or delete your personal information), and how to lodge a complaint with the Information Regulator.
8. PAYMENTS
8.1. Payments can be made by credit card, via Apple Pay and Google Pay. All other payment methods will be communicated to you as soon as they become available. Unless otherwise stated, all prices displayed on the Platforms are in South African Rand (ZAR) and include value-added tax at the prevailing rate. Payments are processed through the secure third-party payment gateway(s); we do not store your sensitive financial data. An order is confirmed only once payment has been successfully processed.
9. DELIVERY
9.1. We will dispatch or deliver goods within 30 days after receiving your order, unless otherwise agreed with you.
9.2. If goods are unavailable, we will notify you immediately and refund all payments within 30 days after that notification.
9.3. Risk in the goods passes to you upon delivery.
9.4. For returns, exchanges and refunds, please refer to our Refund Policy. This does not limit any rights you have under applicable law.
10. DISCLAIMER AND LIMITED LIABILITY
IMPORTANT NOTICE: This clause contains provisions that limit or exclude the liability of Icily Live, or that require you to assume risk or liability. These provisions are drawn to your attention as required by section 49 of the CPA. Please ensure that you read and understand these provisions before proceeding.
10.1. You use our Platforms and Services at your own risk.
10.2. While we endeavour to ensure that the information on our Platforms or Services is correct, we do not warrant the accuracy and completeness of Content on our Platforms or Services or that the Content and technology available from our Platforms or Services are free from errors or omissions.
10.3. We may make changes to the Content on our Platforms or Services at any time without notice. The Content on our Platforms or Services may be out of date, and in this regard, we make no commitment to update such Content.
10.4. Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
10.5. To the maximum extent permitted by applicable law, including the CPA and the ECTA, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use our Platforms or Services or Content provided from or through our Platforms or Services.
10.6. Our Platforms and Services are supplied on an "as is" basis and have not been compiled or supplied to meet any user's individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the Services available on or through our Platforms will meet your individual requirements and be compatible with your hardware and/or software.
10.7. Information, ideas and opinions expressed on our Platforms or Services should not be regarded as professional advice or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on our Platforms or Services.
11. DISPUTE RESOLUTION
11.1. In the event of any dispute arising out of or in connection with the Terms, including any question regarding their existence, validity or termination (a “Dispute”), the party raising the Dispute shall deliver a written notice to the other party setting out the nature of the Dispute and the relief sought (a “Dispute Notice”). The parties shall thereafter use their reasonable endeavours to resolve the Dispute through good faith negotiation within 20 (twenty) business days of the date on which the Dispute Notice is received (or such longer period as the parties may agree in writing).
11.2. If the Dispute is not resolved by negotiation within the period contemplated in clause 11.1, either party may refer the Dispute to mediation. The mediation shall be conducted in the English language by a single mediator. The mediation shall take place in Cape Town. The costs of the mediation shall be borne equally by the parties.
11.3. If the Dispute is not resolved by mediation within 30 (thirty) business days of the referral to mediation (or such longer period as the parties may agree in writing), the Dispute shall be referred to and finally resolved by arbitration in accordance with the rules of AFSA. Such arbitration shall be held in Cape Town or Johannesburg, as agreed by the parties, or failing agreement, as determined by AFSA, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award shall be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgment upon any award may be entered in, any court of any country having appropriate jurisdiction.
11.4. The arbitrator shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.
11.5. The provisions of this clause shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency. Nothing in this clause limits your right to approach the National Consumer Commission, a consumer court, or an ombud with jurisdiction under the CPA.
11.6. You must send any notice or legal process relating to the Terms to the following address: Icily Live, 13A Tanzanite Crescent, Kraaifontein, Western Cape, South Africa.
12. GENERAL TERMS
12.1. These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.
12.2. No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to our Platforms or using our Services.
12.3. Icily Live may transfer its rights and obligations under the Terms to a third party without your consent.
12.4. You may not transfer your rights and obligations under the Terms to a third party without the consent of Icily Live.
12.5. If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the remaining provisions of the Terms.
12.6. All provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA and the POPIA are complied with.
12.7. The Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law, with you consenting to the exclusive jurisdiction of the courts of the Republic of South Africa.
12.8. You agree that we may intercept or monitor all communications sent or posted by you to our Platforms, Services or our employees. You agree that the consent provided herein by you satisfies any "writing" requirement prescribed in law.
12.9. Our office bearers are available on request at privacy@icily.co.za.
13. ECTA SECTION 43 COMPLIANCE
13.1. In compliance with section 43 of the ECTA, the information required to be disclosed to consumers is set out in these Terms, our Privacy Policy and our Refund Policy, all of which are available on our website.
13.2. Icily Live Proprietary Limited (registration number 2019/057319/07) is a company registered in the Republic of South Africa. Our website is www.icilylive.co.za.
13.3. Our physical addresses are: Head Office/CPT: 13A Tanzanite Crescent, Kraaifontein, Western Cape; and DBN: Shop 21 Outlet Park, 59 Meridian Dr, Umhlanga, KZN.
13.4. Our telephone numbers are (087) 138-2244 (CPT) and (087) 138-2200 (DBN).
13.5. Our email addresses are cptsales@icily.co.za (CPT) and dbnsales@icily.co.za (DBN).
13.6. Our address for legal service is 13A Tanzanite Crescent, Kraaifontein, Western Cape, South Africa.
Updated 1 Sept 2026
