Terms of service

Last updated: November 1, 2025

Welcome to BrightArc. These Terms of Service govern your use of our website, store, and all related information, content, features, tools, products, and services made available by us (collectively, the “Services”).

BrightArc operates this store and website to provide you, the customer, with a curated shopping experience. BrightArc is powered by Shopify, which enables us to provide the Services to you.

Please read these Terms of Service carefully before accessing or using our Services. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service, you may not access or use the Services.

1. Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction and have given us your consent to allow your minor dependents to use the Services on devices owned, purchased, or managed by you.

To use certain parts of the Services, including making a purchase, you may be asked to provide certain information such as your email address, billing address, payment information, and shipping information. You agree that all information you provide is true, accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

2. Our Products

We make every effort to display our products and services as accurately as possible. However, we cannot guarantee that product colours, materials, images, dimensions, resistance levels, finishes, or appearance shown on your screen will be fully accurate due to differences in devices, screens, lighting, and manufacturing batches.

We do not warrant that the appearance, feel, fit, or performance of any fitness, recovery, or wellness products purchased or obtained by you will meet your expectations in every respect.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products or services we offer on a case-by-case basis.

3. Orders

When you place an order, you are making an offer to purchase. BrightArc reserves the right to accept or decline your order at our discretion. Your order is not accepted until we confirm acceptance and receive successful payment processing.

We reserve the right to refuse, limit, or cancel any order you place with us, including quantities purchased per person, household, or order. These restrictions may include orders placed under the same customer account, payment method, and-or billing or shipping address.

If we change or cancel an order, we may attempt to notify you using the email address, billing address, and-or phone number provided at the time the order was placed.

Please review your order carefully before submitting it. Once an order has been accepted and processed, we may not be able to accommodate cancellation or amendment requests.

All returns, refunds, and exchanges are subject strictly to our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, redistribution, or export.

4. Prices and Billing

Prices for our products and services are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be reflected in your order confirmation, subject to correction of any errors. Unless otherwise stated, posted prices do not include shipping charges, handling fees, customs charges, duties, taxes, or import fees where applicable.

We reserve the right to correct any typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and availability, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our Services. You agree to promptly update your information so we can complete your transactions and contact you where necessary.

You represent and warrant that:

- the payment information you provide is true, correct, and complete,

- you are authorized to use the selected payment method,

- charges incurred by you will be honoured by your payment provider, and

- you will pay all charges incurred by you, including applicable shipping fees and taxes.

5. Shipping and Delivery

Delivery times provided on our website are estimates only and are not guaranteed. BrightArc’s current live terms already state standard delivery within South Africa at around 7–15 business days, and customers are responsible for providing correct shipping details.

We are not liable for shipping or delivery delays caused by couriers, customs, weather, public holidays, supply chain interruptions, or events outside our reasonable control.

Risk in the products passes to you upon delivery to the address supplied by you, or upon handover to the relevant courier or delivery service, subject to applicable law.

Please ensure that your delivery details are correct when placing your order. We are not responsible for failed or delayed deliveries caused by incorrect or incomplete address information supplied by you.

6. Intellectual Property

All content available through the Services, including but not limited to trademarks, logos, brand names, text, product descriptions, graphics, images, audio, video, software, and the design, selection, and arrangement thereof, is owned by or licensed to BrightArc and is protected by applicable intellectual property laws.

You may use the Services only for your personal, non-commercial use. You may not reproduce, duplicate, copy, sell, resell, exploit, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit any part of the Services without our prior written consent.

Nothing in these Terms grants you any licence or right to use any trademark, logo, copyright, design, or other intellectual property belonging to BrightArc, Shopify, or any third party, except as expressly stated.

7. Optional Tools

We may provide access to tools offered by third parties that we do not monitor and over which we have no control or input.

You acknowledge and agree that such tools are provided “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Your use of any optional third-party tools is entirely at your own risk and discretion, and you should ensure that you understand and approve the terms on which those tools are provided by the relevant third-party provider.

8. Third-Party Links

The Services may contain links to third-party websites, services, or content that are not owned or controlled by BrightArc.

We are not responsible for examining or evaluating the content, accuracy, policies, or practices of any third-party websites or services. We are not liable for any harm or damages related to your use of third-party websites, products, services, resources, or content.

You should review the applicable policies and terms of any third-party website before engaging in any transaction.

9. Relationship with Shopify

BrightArc is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with BrightArc.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales, purchases, transactions, disputes, or fulfilment issues between you and BrightArc, including any injury, damage, or loss arising from products or services purchased through our store.

To the fullest extent permitted by law, you expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with BrightArc.

10. Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s own privacy practices where Shopify acts as a separate controller or processor in relation to the Services.

By using the Services, you acknowledge that you have read and understood our Privacy Policy.

11. Feedback and User Submissions

If you submit, upload, post, email, or otherwise transmit any reviews, comments, ideas, suggestions, feedback, proposals, or other content to us, you grant BrightArc a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right to use, reproduce, modify, publish, distribute, display, translate, and otherwise use such content in any medium for any lawful purpose, including marketing and commercial purposes.

You represent and warrant that:

- you own or control all rights in the content you submit,

- your content is accurate,

- your content does not violate these Terms or the rights of any third party, and

- your content is not unlawful, abusive, defamatory, misleading, obscene, fraudulent, or malicious.

We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, misleading, or in violation of these Terms.

12. Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, availability, or other information.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice.

13. Prohibited Uses

You may use the Services only for lawful purposes.

You may not use the Services:

- for any unlawful, fraudulent, abusive, or malicious purpose,

- to violate any law, regulation, or the rights of others,

- to infringe our intellectual property rights or those of any third party,

- to harass, abuse, defame, intimidate, or threaten any person,

- to upload or transmit viruses, malware, or any malicious code,

- to spam, phish, scrape, crawl, spider, or harvest personal information,

- to interfere with or circumvent the security, integrity, or proper operation of the Services,

- to impersonate any person or entity, or

- to reproduce, duplicate, copy, sell, or exploit any portion of the Services without written permission.

We reserve the right to suspend, restrict, or terminate your access to the Services if we believe you have violated these Terms.

14. Termination

We may terminate or suspend your access to the Services, or any part thereof, at our sole discretion, at any time and without notice.

If your access is terminated, you remain liable for all amounts due up to and including the date of termination.

Any provisions of these Terms which by their nature should survive termination will continue to apply, including intellectual property, disclaimers, limitations of liability, indemnities, governing law, and privacy-related provisions.

15. Disclaimer of Warranties

The Services and all products and services offered through the Services are provided on an “as is” and “as available” basis, unless expressly stated otherwise in writing.

To the fullest extent permitted by law, BrightArc disclaims all representations, warranties, and conditions of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, durability, title, non-infringement, and accuracy.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

16. Limitation of Liability

To the fullest extent permitted by law, BrightArc, our owners, directors, employees, affiliates, agents, contractors, service providers, licensors, and partners shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages, including loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or similar damages arising from or related to:

- your use of or inability to use the Services,

- any products purchased through the Services,

- any inaccuracies or omissions in the Services,

- any interruption, delay, defect, or failure in the Services, or

- any unauthorized access to or alteration of your data.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted by applicable law.

17. Indemnification

You agree to indemnify, defend, and hold harmless BrightArc, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or relating to:

- your breach of these Terms,

- your violation of any law or the rights of a third party, or

- your misuse of the Services.

18. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

19. Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or rules posted by us on this website, constitute the entire agreement between you and BrightArc regarding your use of the Services and supersede any prior agreements, communications, or understandings.

20. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, or delegate our rights and obligations under these Terms at any time without notice to you, subject to applicable law.

21. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Any dispute arising from or relating to these Terms of Service or the Services will be subject to the exclusive jurisdiction of the courts of South Africa, unless otherwise required by applicable consumer protection law.

22. Headings

The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.

23. Changes to These Terms of Service

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes, subject to applicable law.

24. Contact Information

Questions about the Terms of Service should be sent to us at:

Email: orders@brightarc.co.za
Website: https://brightarc.co.za