Terms of Service

1. Introduction and Acceptance

This website is operated by Burgundy Blue Media (Pty) Ltd (“Burgundy Blue Media”, “we”, “our”, or “us”), a company registered in the Republic of South Africa, with its principal place of business at 16 Karee Street, Heldervue, Somerset West, Western Cape, 7130.

By accessing or using this website (burgundybluemedia.com), including submitting any form or enquiry, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use this website.

These Terms apply to your use of this website only. The specific terms governing any marketing or advertising services provided by Burgundy Blue Media to a client are set out in a separate written service agreement.

2. Eligibility

By using this website or submitting an application, you confirm that you are at least 18 years of age, or that you are acting on behalf of a business entity and have the legal authority to bind that entity to these Terms. If you are acting on behalf of an organisation, “you” in these Terms refers to that organisation.

3. Services

Burgundy Blue Media is a paid media growth partner specialising in beauty and lifestyle e-commerce brands. Our services include, but are not limited to:

• Meta Ads Management (Facebook and Instagram advertising)
• Creative Strategy
• UGC & Influencer Content
• Ad Creative & Design
• Analytics & Reporting
• Google Ads Management
• Email Marketing
• Consulting & Audits

The specific scope of work, deliverables, timelines, and fees for any client engagement are defined exclusively in a separate written service agreement between Burgundy Blue Media and the client. Nothing on this website constitutes an offer to provide services, and no client relationship is created until a service agreement has been signed by both parties.

Marketing and advertising outcomes depend on many factors outside our control, including platform algorithms, market conditions, and the quality of client-provided information. Burgundy Blue Media does not guarantee any specific results, return on ad spend, or business outcomes.

4. Application Process

This website includes an application form that prospective clients may use to enquire about working with Burgundy Blue Media. Submitting an application form does not create a contract, guarantee engagement, or obligate Burgundy Blue Media to provide services in any capacity.

Burgundy Blue Media reserves the right to accept or decline any application at its sole discretion, without providing reasons. We aim to respond to all applications within 48 hours.

5. User Obligations

When using this website, you agree to:

• Provide accurate, current, and complete information in any forms you submit
• Use this website only for lawful purposes and in a manner consistent with all applicable laws and regulations
• Not attempt to gain unauthorised access to any part of this website or its underlying systems
• Not use automated tools, bots, or scraping techniques to extract content from this website
• Not transmit any content that is unlawful, harmful, defamatory, or that infringes the rights of any third party
• Not interfere with or disrupt the operation of this website or any servers or networks connected to it

6. Intellectual Property

All content on this website — including text, graphics, logos, images, videos, case studies, and the overall design and layout — is the property of Burgundy Blue Media or its content suppliers, and is protected by applicable copyright, trademark, and other intellectual property laws of the Republic of South Africa and international conventions.

You are granted a limited, non-exclusive, non-transferable licence to access and view this website and its content for your personal or internal business purposes only. This licence does not permit you to reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from this website without our prior written consent.

Intellectual property rights in work created for clients are governed by the terms of the applicable service agreement between Burgundy Blue Media and that client.

7. Third-Party Links

This website may contain links to third-party websites, including client websites, social media platforms, and other resources. These links are provided for your convenience only. Burgundy Blue Media does not endorse, control, or take responsibility for the content, privacy practices, or accuracy of any third-party website. Your use of any linked third-party website is at your own risk and subject to that website’s own terms and conditions.

8. Disclaimer of Warranties

This website and all content on it are provided on an “as is” and “as available” basis, without any warranty of any kind, express or implied. To the fullest extent permitted by applicable law, Burgundy Blue Media disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that this website will be uninterrupted, error-free, or free of viruses or other harmful components, or that any information on this website is accurate, complete, or current.

9. Limitation of Liability

To the fullest extent permitted by the laws of the Republic of South Africa, Burgundy Blue Media, its directors, employees, agents, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of this website or reliance on any information contained herein, even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising out of your use of this website (not out of a separate service agreement) shall not exceed the amount you paid to access this website, which in most cases is nil.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, or for any form of liability that cannot lawfully be excluded or limited under applicable South African law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Burgundy Blue Media and its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to your use of this website, your violation of these Terms, or your violation of any third-party right.

11. Termination and Access

Burgundy Blue Media reserves the right to suspend or terminate your access to this website at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. We also reserve the right to modify, suspend, or discontinue the website (or any part thereof) at any time.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “last updated” date at the top of this page. Your continued use of this website after any changes are posted constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Western Cape Division of the High Court of South Africa (Cape Town), and you consent to the personal jurisdiction of that court.

14. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable law, that provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Burgundy Blue Media with respect to your use of this website, and supersede all prior communications and understandings relating to the same subject matter. Any services engaged through a separate service agreement are governed by that agreement, not these Terms.

16. Contact

If you have any questions or concerns about these Terms, please contact us: