1. About Toastee and definitions
Toastee is operated by Bang Bang Creative Co (Pty) Ltd, registration number 2019/079159/07, trading as Toastee.
Physical address and address for legal service:
2 Bentonite Street, Alrode, Alberton, South Africa
Email: hello@toastee.co.za
Telephone: 078 747 4044
Website: toastee.co.za
Director: Tiaan Nortje
Place of registration: Republic of South Africa
In these Terms:
"Toastee", "we", "us" and "our" mean Bang Bang Creative Co (Pty) Ltd trading as Toastee.
"Customer", "you" and "your" mean the person accessing Toastee, creating an account, using Toastee Studio, submitting content, purchasing AI Credits or purchasing products or services.
"Creator" means a person, business, brand or other rights holder whose products, designs or storefront appear on Toastee.
"Standard Product" means a product offered through the Toastee catalogue, including products offered through Overreact or any other Toastee brand or creator storefront, where the customer purchases an existing design or product offering.
A product remains a Standard Product merely because:
it is printed, manufactured or fulfilled only after the order is placed;
the customer selects an available garment colour;
the customer selects a standard size;
the customer selects a standard product variation; or
Toastee does not keep the finished printed item in stock before purchase.
"Custom Product" means a product created or materially altered according to the individual customer's specifications. This includes, where applicable, products created through Toastee Studio using customer-supplied or customer-selected wording, names, photographs, artwork, logos, images, generated artwork or individually configured designs.
"User Content" means text, photographs, artwork, images, logos, prompts, files, designs, instructions or other content supplied, uploaded, submitted or created by a customer.
"AI Feature" means any artificial-intelligence-assisted generation, editing, transformation or similar functionality offered through Toastee.
"AI Input" means prompts, images, text or other information submitted by a customer to an AI Feature.
"AI Output" means material generated by an AI Feature in response to AI Input.
"Toastee AI Credits" or "AI Credits" means credits issued or sold by Toastee for use with designated AI Features on Toastee. They are not credits issued by OpenAI or any other underlying AI provider.
2. Acceptance and incorporated policies
These Terms apply whenever you visit Toastee, create an account, submit information or content, use Toastee Studio or an AI Feature, purchase AI Credits, place an order or otherwise use any part of the service.
By placing an order or purchasing a paid service, you confirm that you have had an opportunity to read and accept these Terms together with our Returns, Exchanges and Refund Policy and Privacy and Cookie Policy.
Those policies form part of your agreement with Toastee.
Where appropriate, Toastee may require a customer to actively confirm acceptance by checkbox or another electronic method before completing a transaction.
Nothing in these Terms excludes or limits any right or remedy that cannot lawfully be excluded under South African law, including applicable rights under the Consumer Protection Act 68 of 2008 ("CPA"), Electronic Communications and Transactions Act 25 of 2002 ("ECTA") and Protection of Personal Information Act 4 of 2013 ("POPIA").
3. Age and authority
You must be at least 18 years old and legally capable of entering into a binding agreement to place an order independently.
A person under 18 may use Toastee only with the involvement and permission of a parent or legal guardian. The parent or guardian accepts responsibility for the minor's use of Toastee and any resulting transaction.
Access to particular AI Features may be further restricted for minors where required by law, the applicable technology provider or Toastee's safety requirements.
If you place an order on behalf of a business, organisation or another person, you warrant that you have authority to do so.
4. Who sells products on Toastee
Unless a product page expressly states otherwise, the contract of sale for products purchased through Toastee is between the customer and Bang Bang Creative Co (Pty) Ltd trading as Toastee.
Products may be displayed under the name of Overreact or another creator, brand or storefront.
Creators may own or license the designs, branding or intellectual property used on those products and may receive compensation from sales.
The fact that a product appears under a creator or brand storefront does not by itself make that creator the customer's contractual seller.
Unless expressly disclosed otherwise, Toastee handles the customer transaction, payment, production or procurement, fulfilment and customer support.
5. Toastee Studio and Custom Products
Toastee Studio allows customers to configure garments and create products using tools that may include text, uploaded artwork, photographs, images, generated artwork and other design features.
The representation displayed in Toastee Studio is a digital preview intended to assist the customer in creating and reviewing the product.
It is not a guarantee that the physical finished product will appear pixel-for-pixel identical to the screen representation.
Before submitting a Custom Product order, the customer is responsible for reviewing the final design and confirming, where applicable:
garment type;
garment colour;
size;
quantity;
wording;
spelling;
punctuation;
artwork;
images;
orientation;
print position;
print size;
print area;
print configuration; and
delivery and contact information.
By placing an order for a Custom Product, the customer confirms approval of the final preview presented before checkout.
An error that was clearly present in and accurately represented by an approved customer preview, such as customer-entered incorrect spelling, will not ordinarily constitute a manufacturing defect.
This does not apply where the preview was materially inaccurate because of an error attributable to Toastee or where the physical product otherwise fails to conform materially to the approved design.
Once production of a Custom Product has started, changes will ordinarily no longer be possible.
Reasonable manufacturing tolerances and minor differences in colour appearance, print texture, garment dimensions, print position or artwork scale that do not materially alter the product do not by themselves make the product defective.
Nothing in this section affects a customer's statutory rights where a product is defective, damaged, materially different from its approved design or description, or incorrectly manufactured or supplied by Toastee.
6. Ownership and licence of User Content
You retain whatever ownership rights you lawfully hold in User Content that you submit to Toastee.
You do not transfer ownership of your original artwork to Toastee merely by uploading it or using it on a product.
By submitting User Content, you grant Toastee a non-exclusive, worldwide, royalty-free licence to host, store, transmit, reproduce, resize, crop, format, convert, process, display and print that content only to the extent reasonably necessary to:
provide Toastee and Toastee Studio;
provide AI Features where requested;
create previews;
manufacture your products;
fulfil your orders;
provide customer support;
prevent fraud or abuse;
maintain required records; and
otherwise perform the transaction you requested.
This licence may extend to contractors, technology providers, manufacturers and service providers acting on Toastee's behalf where reasonably necessary to provide the relevant service.
Unless you separately give us permission, Toastee will not use a private customer-created design in public advertising merely because it was created or ordered through Toastee.
Public content that you intentionally submit as a review, public creator product or other publicly published material is dealt with separately under these Terms.
7. Your responsibility for User Content
You must have all rights, permissions, licences and consents necessary to submit and use User Content through Toastee.
You must not knowingly submit content that unlawfully infringes another person's:
copyright;
trade mark;
design right;
privacy;
personality or likeness rights;
confidential information; or
other legal rights.
Uploading or reproducing a photograph, logo, character, illustration, slogan, artwork or other material found online does not necessarily mean that you have permission to reproduce or commercially use it.
The fact that Toastee allows content to be uploaded, generated, previewed or printed does not mean that Toastee has verified the customer's rights in that material.
Toastee's acceptance of an order is not legal advice or confirmation that a design is lawful or non-infringing.
We may refuse, suspend or cancel the production of content that we reasonably believe:
is unlawful;
infringes or is likely to infringe another person's rights;
breaches these Terms;
creates a material legal or safety risk; or
cannot lawfully be produced.
If an affected order has already been paid and production has not commenced, the amount attributable to the unproduced product will ordinarily be refunded.
Customer-content responsibility
To the extent permitted by law, where a third party makes a claim against Toastee specifically because User Content supplied by you unlawfully infringed that third party's rights, you are responsible for the reasonable losses, liabilities or costs arising directly from your breach of the warranties in this section.
This applies only to the extent that the claim results from content or instructions supplied by you and does not apply to the extent that the claim was caused or increased by Toastee's own unlawful conduct, negligence, gross negligence or breach.
Nothing in this provision excludes liability that cannot legally be excluded.
8. Artificial-intelligence features
8.1 AI providers
Toastee may provide AI Features through technology supplied by third-party artificial-intelligence providers.
Those providers may include OpenAI or other providers selected by Toastee from time to time.
A customer's AI Input and relevant associated information may be transmitted to an AI provider where necessary to perform a generation or other AI request, as further explained in the Toastee Privacy and Cookie Policy.
Unless expressly stated otherwise, the customer's contract remains with Toastee.
An underlying AI provider is not the seller of the customer's Toastee product and does not become a party to the customer's Toastee purchase merely because its technology is used.
Toastee may change the model, version or AI provider used to supply an AI Feature provided that doing so does not remove rights already acquired by the customer in a completed transaction.
8.2 Rights in AI Input and Output
You retain any ownership rights you lawfully hold in AI Input that you submit to an AI Feature.
As between you and Toastee, and to the extent permitted by applicable law, Toastee assigns to you any transferable ownership rights that Toastee receives in AI Output generated specifically in response to your request, subject to:
any existing third-party rights;
applicable law;
these Terms; and
payment of any applicable charge for the generation.
This does not mean that every AI Output is capable of copyright, trade-mark or other intellectual-property protection.
It also does not mean that Toastee guarantees exclusivity or ownership against every third party.
The licence granted to Toastee under section 6 continues to apply to AI Output where necessary to save the design, create previews, manufacture the customer's product and fulfil the customer's order.
8.3 AI Output may not be unique
Artificial-intelligence systems can produce the same or similar material for different users.
Toastee does not guarantee that AI Output:
is unique;
has never previously been generated;
will never subsequently be generated for another person;
is capable of being registered as intellectual property;
is suitable for trade-mark registration; or
gives the customer exclusive rights to the underlying concept, style or elements.
A customer's rights in AI Output do not extend to independently generated material belonging to another person.
8.4 Responsibility for AI Input and Output
You are responsible for the AI Input you provide and must have the rights, permissions and consents necessary to provide it.
You are responsible for reviewing AI Output before using, publishing, selling or ordering it.
Artificial-intelligence systems may occasionally produce unexpected, inaccurate, inappropriate or legally problematic material.
The generation of AI Output does not mean that Toastee or the underlying AI provider has verified that it is:
accurate;
original;
unique;
non-infringing;
lawful for every intended use;
suitable for registration as intellectual property; or
appropriate for a customer's particular commercial purpose.
Where a customer intends to use AI Output as an important business logo, registered trade mark, commercial identity or other valuable intellectual-property asset, the customer should carry out appropriate independent checks before relying on it.
8.5 Prohibited use of AI Features
You may not use Toastee's AI Features in a manner that violates applicable law, these Terms or mandatory restrictions imposed by the underlying AI provider.
Without limiting that rule, you must not use an AI Feature to generate or facilitate content or activity involving:
child sexual abuse material, sexualisation, exploitation or endangerment of a minor;
non-consensual sexual or intimate content;
threats, targeted harassment or unlawful intimidation;
unlawful hate-based violence or terrorism;
fraud, scams, deceptive impersonation or malicious spam;
unlawful activities, goods or services;
development or facilitation of weapons or serious physical harm;
invasion of another person's privacy or unlawful disclosure of private or sensitive information;
knowing infringement of another person's intellectual-property rights;
political campaigning, lobbying, election interference or voter-demobilisation activities where prohibited by the applicable AI provider;
circumvention of AI safety systems, moderation systems, rate limits or technical restrictions; or
any other use that Toastee reasonably determines must be blocked to comply with applicable law or binding provider requirements.
These restrictions apply specifically to use of Toastee's AI Features.
They do not automatically prohibit lawful customer-supplied artwork merely because that artwork concerns a topic that an AI provider does not permit its models to generate.
8.6 Images, photographs and likenesses
You must not use an AI Feature to reproduce, materially manipulate or create a realistic representation of another identifiable person's likeness without all permissions and rights required for the intended use.
This is particularly important where the result could reasonably mislead another person into believing that the depicted person participated in, approved or endorsed the image or product.
You must not upload or use intimate photographs or other highly private imagery of another person without lawful authority and the person's required consent.
Additional restrictions may apply to images involving minors.
8.7 Safety systems and moderation
AI Inputs and Outputs may be subject to automated or manual safety, abuse-prevention or moderation systems operated by Toastee or its technology providers.
A prompt or generation may therefore be:
refused;
blocked;
modified;
interrupted;
subjected to additional verification; or
removed
where reasonably necessary for legal compliance, platform safety, protection of third-party rights or compliance with provider requirements.
You may not attempt to bypass these safeguards.
The fact that one request is permitted does not create a right to make another request or prevent Toastee from applying a restriction where circumstances differ.
8.8 Technical availability and changes
AI Features depend partly on third-party technology and may occasionally be unavailable, delayed or altered.
Toastee does not guarantee the permanent availability of a particular AI model, provider, generation method or feature.
We may replace or modify an AI model or provider for technical, commercial, legal, quality or safety reasons.
Where a paid generation fails because of a verified technical failure attributable to Toastee or its service provider, Toastee may restore the corresponding AI Credit or provide another appropriate remedy.
Nothing in this section removes statutory consumer rights that apply to a paid digital service.
8.9 Toastee AI Credits
Toastee may offer AI Features using paid or complimentary AI Credits.
Toastee AI Credits are issued by Toastee. They are not OpenAI service credits, do not give the customer an OpenAI account or balance, and cannot be redeemed directly with OpenAI or another AI provider.
AI Credits:
may be used only for eligible Toastee AI Features;
are not legal tender or currency;
do not constitute a bank account or digital wallet;
have no cash-redemption value except where required by law; and
may not be sold, transferred or exchanged between customers unless Toastee expressly introduces such functionality.
The price, quantity and any material expiry condition applicable to purchased AI Credits will be disclosed before purchase.
Purchased AI Credits will not expire merely because Toastee later changes AI providers.
Complimentary, promotional or daily free AI allowances may reset, expire or be subject to usage limits according to the rules displayed with the relevant promotion or allowance.
Toastee may prospectively change or discontinue future free allowances.
An AI Credit may be consumed when the requested generation is successfully processed and AI Output is returned.
A generation will not ordinarily be refundable merely because the customer subjectively dislikes a technically successful AI Output.
If a paid generation fails to produce AI Output because of a verified technical error, an incorrectly deducted credit should ordinarily be restored.
A request rejected before generation because of safety or compliance restrictions should not ordinarily consume a paid AI Credit.
If a credit is deducted in error, the customer may contact Toastee Support.
Statutory refund or consumer rights remain unaffected.
8.10 Abuse of AI Credits or services
Toastee may suspend access to AI Features where we reasonably detect:
automated abuse;
manipulation of promotional allowances;
creation of multiple accounts to evade limits;
attempted resale of AI Credits;
circumvention of rate limits;
unauthorised access;
interference with safety systems; or
other material abuse of the service.
Where a restriction affects purchased and unused AI Credits, Toastee will deal with the remaining balance in a fair and lawful manner taking into account the reason for the suspension and applicable consumer law.
8.11 AI-generated designs ordered on products
Where AI Output is selected, edited or incorporated into a garment or other product according to an individual customer's specifications, that resulting product may constitute a Custom Product under these Terms.
AI generation itself does not remove the customer's rights relating to defective or incorrectly manufactured physical goods.
9. Toastee and creator intellectual property
The Toastee website, name, branding, software, interfaces, layouts, product photography, graphics, wording and other original Toastee material are owned by or licensed to Toastee.
Creator names, logos, artwork and designs remain the property of the relevant creator or rights holder.
Purchasing a physical product transfers ownership of the physical product to the customer but does not transfer copyright, trade-mark rights or other intellectual-property rights in artwork printed on the product.
A customer may not reproduce or commercially exploit Toastee or creator artwork merely because the customer has purchased a product bearing that artwork.
Nothing in this section changes the separate rights applicable to the customer's own User Content or AI Output under sections 6 to 8.
10. Product information and sizing
We take reasonable steps to describe and display products accurately.
Product imagery may include:
photographs;
digital mock-ups;
rendered images; or
styled photographs.
Colours may appear differently because of display settings, lighting, garment fabric, printing processes and ordinary production variation.
Garment measurements and size guides are approximate and normal manufacturing tolerances may occur.
The placement or apparent scale of printed artwork may vary slightly across garment sizes where reasonably necessary to accommodate the garment.
Customers should consult the relevant size guide before ordering.
Normal minor manufacturing variations do not automatically mean that a product is defective.
A product that is materially different from its description, damaged, defective or incorrectly supplied remains covered by applicable law and the Returns, Exchanges and Refund Policy.
11. Prices and taxes
All prices are displayed in South African rand unless expressly stated otherwise.
At the effective date of these Terms, Bang Bang Creative Co (Pty) Ltd is not registered for VAT, and VAT is therefore not separately charged or reflected on orders.
If Toastee's tax status changes, applicable taxes will be displayed or charged in accordance with the law applicable at that time.
The price displayed at checkout, together with any clearly disclosed delivery charge or other fee, is the total amount payable by the customer.
We may change prices for future orders at any time.
A subsequent price change will not change the price of an order that has already been validly accepted.
Where an obvious pricing, configuration or technical error occurs, Toastee may reject or cancel the affected order where permitted by law.
Any amount collected for an order cancelled by Toastee because of such an error will be refunded.
12. Promotions and discount codes
Promotions, coupons, vouchers, discount codes and special offers may be subject to additional conditions disclosed with the relevant promotion.
Unless expressly stated otherwise:
promotional benefits cannot be exchanged for cash;
discount codes cannot be duplicated;
promotions may not be combined; and
promotions apply only during the stated validity period.
Toastee may refuse fraudulent, unauthorised or technically abusive use of a promotional code or benefit.
This does not allow Toastee to retrospectively withdraw a legitimate discount from an order already validly accepted at that price.
13. Orders and acceptance
Before finally placing an order, the customer must have an opportunity to review the transaction and correct mistakes.
Customers must check products, quantities, colours, sizes, designs, delivery details and contact information before completing checkout.
By submitting an order, the customer offers to purchase the selected products or services on these Terms.
An automated order acknowledgement confirms that Toastee received the order. It does not necessarily constitute final acceptance.
An order will generally be regarded as accepted when payment has been confirmed and Toastee either:
expressly confirms acceptance; or
begins producing or fulfilling the order,
whichever occurs first.
Before acceptance we may reject an order where, for example:
payment cannot be confirmed;
the required garment or product is unavailable;
an obvious technical or pricing error occurred;
necessary customer information is missing;
fraud or unauthorised payment is reasonably suspected;
the requested content breaches these Terms;
production would infringe applicable law; or
fulfilment has become objectively impossible.
Where payment has already been received for an order that Toastee does not accept, the affected amount will be refunded.
Once production has begun, an order cannot ordinarily be amended.
14. Custom and special-order goods
Custom Products may constitute goods:
made to a customer's specifications;
clearly personalised; and/or
qualifying as special-order goods under applicable South African law.
Where a statutory cooling-off or cancellation right does not apply because a product has been genuinely made to the individual customer's specifications or clearly personalised, Toastee is not required to provide that no-reason cancellation right.
A product does not become a Custom Product merely because Toastee prints or manufactures it after the customer places the order.
For example, an existing Overreact or creator design ordered in one of its ordinary available colours and sizes remains a Standard Product merely because Toastee prints it after purchase.
By contrast, a product containing the customer's own wording, photograph, logo, uploaded artwork, individually generated AI artwork or other individually specified design may constitute a Custom Product.
This section does not remove any statutory right relating to:
defective goods;
unsafe goods;
incorrectly supplied goods;
incorrectly manufactured goods; or
goods that materially fail to conform to the agreed specifications.
15. Standard Products and cooling-off rights
Standard Products include catalogue products offered through Toastee, Overreact and other Toastee brand or creator storefronts where the customer chooses from an existing product or design offering.
Selecting an available size, colour or normal variation does not by itself convert a Standard Product into a Custom Product.
Where ECTA's statutory cooling-off right applies to an online purchase of goods, the customer may cancel the qualifying transaction without reason within the applicable statutory period after receiving the goods.
Where permitted by law, the customer may be responsible for the direct cost of returning goods following a no-reason cooling-off cancellation.
The procedure for doing so is set out in the Returns, Exchanges and Refund Policy.
Any other cancellation right required by applicable law remains unaffected.
16. Payment
Available payment methods are those displayed during checkout.
These may include Payfast, Yoco, Payflex, PayJustNow or other payment services introduced from time to time.
Payments may be processed by independent payment-service providers, and their security procedures, terms and privacy practices may apply.
Toastee does not ordinarily receive or store complete card details.
We may receive information such as:
payment status;
transaction reference;
amount;
payment provider; and
payment method.
An order ordinarily enters production only once the required payment has been confirmed.
We use payment systems and providers intended to meet security standards appropriate to the transaction.
Where payment is reversed, declined, cancelled or reasonably identified as potentially unauthorised before fulfilment, Toastee may suspend the affected order while the matter is investigated.
Nothing in these Terms prevents a customer from exercising a lawful payment dispute or chargeback right.
17. Production and delivery estimates
Unless another timeframe is displayed for the relevant product, Toastee's normal production and processing period is approximately five to six business days.
Courier delivery normally takes approximately one to two business days after dispatch.
Customers should ordinarily allow approximately five to ten business days in total from confirmed payment to delivery.
These periods are estimates and are not guaranteed delivery dates unless Toastee expressly agrees in writing to a specific guaranteed date.
Production or delivery may be affected by:
garment or stock availability;
unusual order volumes;
public holidays;
infrastructure interruptions;
courier delays;
severe weather;
incomplete customer information;
service-provider interruptions; or
other circumstances outside our reasonable control.
Where reasonably possible, Toastee will communicate a material delay.
Any statutory right arising from an excessive or legally actionable delay remains unaffected.
18. Delivery areas and customer information
Toastee currently delivers within South Africa using the delivery options made available during checkout.
International or neighbouring-country delivery is not available unless expressly arranged and confirmed by Toastee.
The customer must provide complete and accurate:
recipient name;
physical delivery address;
postal code;
email address; and
telephone number.
If incorrect or incomplete information supplied by the customer causes a failed delivery, rerouting, return to sender or additional courier fee, the customer may be required to pay the reasonable additional cost before another delivery attempt.
We cannot guarantee that a delivery address can be changed after dispatch.
This does not apply where the delivery problem was caused by Toastee or its appointed courier.
19. Delivery, safe places and risk
Products remain at Toastee's risk until delivery in accordance with applicable law.
Where the customer specifically instructs or authorises the courier to leave a parcel with:
another nominated person;
reception;
security personnel;
a concierge;
a nominated safe location; or
another delivery point chosen by the customer,
delivery to that authorised location may constitute delivery to the customer to the extent permitted by law.
Customers should not authorise unattended or alternative delivery unless they are comfortable with the nominated location.
If an order is confirmed lost before delivery, Toastee will provide an appropriate remedy required by applicable law, which may include replacement or refund.
Where a parcel was delivered or misdirected because the customer supplied an incorrect address or independently instructed the courier to redirect it incorrectly, Toastee cannot guarantee recovery and the customer may be responsible for reasonable replacement or redelivery costs to the extent permitted by law.
20. Returns, exchanges, defective products and refunds
Returns, exchanges, defective products and refunds are governed by our Returns, Exchanges and Refund Policy, which forms part of these Terms.
Nothing in these Terms or that policy removes the statutory implied warranty of quality where the CPA applies.
Where goods fail to meet the applicable statutory standards within the period provided by law, the customer retains the applicable statutory remedies.
A Custom Product does not lose statutory protection merely because it was personalised.
There is an important distinction between:
a correctly manufactured Custom Product that accurately reflects the customer's approved design, and
a Custom Product that was defective, damaged, incorrectly printed or materially inconsistent with the approved design because of Toastee's error.
The personalised nature of a product may affect a customer's no-reason cancellation rights, but it does not remove legal rights relating to defects or Toastee's failure to supply what was agreed.
21. Product care and customer-caused damage
Customers should follow the washing, drying and care instructions applicable to a garment.
Toastee is not responsible for deterioration caused after delivery by:
misuse;
incorrect washing;
incorrect drying;
bleaching;
inappropriate chemicals;
ironing directly over a print where prohibited;
unauthorised alteration;
accidental damage; or
ordinary wear and tear.
This section does not apply where the underlying product itself was defective or unsuitable as contemplated by applicable consumer law.
22. Customer accounts and security
Customers may check out as guests where permitted or create a Toastee account.
You are responsible for providing accurate account information and taking reasonable steps to keep passwords and authentication credentials secure.
You should notify Toastee promptly if you reasonably suspect unauthorised access or account use.
We may temporarily restrict, suspend or close an account where reasonably necessary to investigate:
fraud;
unlawful activity;
abuse;
unauthorised access;
material security risk; or
a material breach of these Terms.
Closing or suspending an account does not remove statutory rights relating to previous transactions.
23. Acceptable use of Toastee
You may not use Toastee, Toastee Studio or related services to:
unlawfully access another person's account or system;
distribute malware or malicious code;
interfere with website security or availability;
circumvent technical restrictions;
impersonate another person fraudulently;
perform fraudulent transactions;
systematically scrape or harvest protected content without permission;
attack, reverse engineer or interfere with Toastee's systems except where expressly permitted by law;
manipulate usage limits;
obtain unauthorised access to administrative systems; or
use automated systems in a manner that materially disrupts Toastee.
Reasonable indexing by legitimate search engines and ordinary personal browsing are not prohibited by this section.
We may take proportionate technical or account-level measures to prevent abusive use.
24. Reviews and public customer content
Customers may be permitted to submit reviews, ratings, photographs or other public content.
Public customer content must:
reflect a genuine experience where represented as a review;
be lawful;
not be fraudulent;
not unlawfully defame another person;
not contain malicious code or spam;
respect applicable privacy rights; and
not unlawfully infringe another person's rights.
You retain ownership of original content that you intentionally submit for public display.
You grant Toastee a non-exclusive, royalty-free licence to store, reproduce, format, display and reasonably promote that publicly submitted content in connection with Toastee and its products.
Toastee may moderate, refuse or remove material that breaches these Terms or applicable law.
We will not remove a genuine negative review merely because it is unfavourable to Toastee.
25. Marketing communications
Toastee may send promotional email, SMS, WhatsApp, abandoned-cart or other marketing communications only where permitted by applicable law.
Where required, customers will be provided with an appropriate opportunity to:
consent;
unsubscribe; or
object.
Marketing messages will appropriately identify the sender.
Transactional communications concerning:
orders;
payment;
production;
delivery;
security;
account administration; and
customer support
are not marketing communications and may still be sent where reasonably necessary to perform a transaction or manage an account.
Our handling of personal information is explained further in the Privacy and Cookie Policy.
26. Website and service availability
We take reasonable steps to keep Toastee, Toastee Studio and associated services functioning correctly, but do not guarantee uninterrupted or completely error-free access.
We may temporarily suspend, modify or restrict parts of the service for:
maintenance;
security;
technical upgrades;
capacity management;
legal compliance; or
operational reasons.
Where a technical failure materially affects a paid transaction, Toastee will provide the remedy required by applicable law and these Terms.
Third-party websites and services may be linked or integrated with Toastee.
Toastee is not responsible for an independent third party's website merely because Toastee provides a link or integration to it.
27. Liability
This section limits Toastee's liability and should be read carefully.
Nothing in these Terms excludes or limits liability for:
fraud;
gross negligence;
death or personal injury where liability cannot lawfully be excluded;
statutory product liability;
rights under the CPA or ECTA that cannot lawfully be excluded; or
any other liability that South African law prohibits Toastee from excluding.
Subject to those rights and to the extent permitted by law, Toastee will not be liable for indirect, incidental or consequential loss that was not reasonably foreseeable when the relevant transaction was concluded.
To the extent permitted by law, Toastee is not responsible for loss caused exclusively by:
incorrect information supplied by the customer;
unlawful User Content supplied by the customer;
unlawful use by the customer of AI Output after generation;
customer misuse of a product;
unauthorised alteration of a product;
the customer's failure to follow clear care or safety instructions; or
the customer's own unlawful conduct.
Where the law permits contractual limitation of a particular claim, any limitation will apply only to the extent that it is lawful, fair and reasonable in the circumstances.
28. Events outside our reasonable control
Toastee will not be regarded as breaching these Terms solely because performance is delayed by circumstances genuinely outside our reasonable control, provided that we take reasonable steps to reduce the effect and communicate material delays where reasonably possible.
Examples may include:
major courier disruption;
severe weather;
infrastructure failure;
widespread electricity or telecommunications interruption;
civil emergency;
natural disaster;
major platform outage;
critical service-provider failure; or
other comparable circumstances beyond our reasonable control.
This section does not remove any statutory cancellation, refund or other right that continues to apply despite such an event.
29. Electronic records
Order confirmations and other transaction records may be provided electronically.
Customers should retain order-confirmation emails and other relevant records.
Where account functionality permits, previous orders may also be accessible through the customer's Toastee account.
Toastee will retain relevant electronic transaction records for at least five years, or longer where required by applicable law or reasonably necessary for:
legal compliance;
accounting;
fraud prevention;
tax obligations;
dispute resolution; or
the establishment, exercise or defence of legal claims.
A customer may contact Toastee to request a copy of an available order record.
30. Complaints and dispute resolution
Customers should first contact hello@toastee.co.za or use the Toastee contact form so that we have a reasonable opportunity to investigate and resolve the complaint.
Toastee will manage consumer complaints in accordance with applicable South African law and any applicable industry code.
Where a qualifying consumer dispute cannot be resolved directly with Toastee, a customer may exercise any applicable right to approach:
the Consumer Goods and Services Ombud;
the National Consumer Commission;
another competent regulator or ombud;
a tribunal; or
a competent South African court.
Nothing in these Terms prevents a consumer from exercising a lawful right to use an appropriate dispute-resolution body.
31. Access to information and PAIA
Toastee will maintain and make available the information and documentation required under the Promotion of Access to Information Act 2 of 2000 (PAIA) to the extent applicable.
Requests relating to access to records or Toastee's PAIA obligations may be addressed to the Information Officer at:
Where required, Toastee's PAIA manual will be made available through the website or another legally permitted method.
32. Changes to these Terms
We may update these Terms where Toastee's:
products;
services;
technology;
AI providers;
payment providers;
business model;
suppliers;
operational practices; or
legal obligations
change.
The version applicable to a particular order will ordinarily be the version in force when that order was placed.
A later change will not retrospectively remove contractual or statutory rights that already arose from an earlier transaction.
Where a material change affects ongoing use of an account or paid service, Toastee may notify affected customers where appropriate.
Changes to technical safeguards, AI moderation rules or abuse-prevention systems may take effect more quickly where reasonably necessary for security, safety, provider compliance or applicable law.
33. Severability
If a court, tribunal or competent authority determines that any provision of these Terms is invalid or unenforceable, that provision will be treated as modified or removed only to the extent necessary.
The remaining provisions will continue to apply where legally possible.
34. No waiver
If Toastee does not immediately exercise or enforce a right under these Terms, that does not mean that the right has been waived.
Similarly, nothing in these Terms prevents a customer from exercising any applicable statutory right.
35. Governing law and jurisdiction
These Terms and transactions with Toastee are governed by the laws of the Republic of South Africa.
South African courts have jurisdiction, subject to any statutory right a consumer has to approach another competent court, tribunal, regulator, commission or ombud.
36. Contact
Toastee Support
Bang Bang Creative Co (Pty) Ltd
2 Bentonite Street
Alrode
Alberton
South Africa
Email: hello@toastee.co.za
Telephone: 078 747 4044