Terms & Conditions

1.1. By using the Brix Invest Platform owned and operated by Brix Invest (hereinafter referred to as “Brix”, “we”, “our” or “us”) you, the user, agree to comply with and to be bound by these Terms and Conditions (the “Terms”). If you do not agree, please do not use the Platform.

1.2. The Terms contained herein govern all access to and use of the Brix Platform and / or the Brix Website and / or associated software applications (collectively “the “Platform”).

1.3. Your attention is drawn to these Terms because they are important and should be noted carefully. These Terms form a binding contract between the user and Brix and is enforceable against any person accessing or using the Platform.

1.4. Brix permits the use of the Platform subject to these Terms and, by using the Platform in any way, you will be deemed to have accepted the Terms unconditionally and without modification.

1.5. Any person may access and browse the Platform, but only registered account holders may invest and / or otherwise transact on the Platform.

3.2.1. Provide accurate personal, business, and financial information as required by law.

3.2.2. Submit identification and proof-of-address documents before making any investment.

3.2.3. Authorise us to verify your identity and, where applicable, perform credit and background checks through approved verification partners.

3.2.4. Failure to provide or update your verification documents may result in suspension or termination of your account and/or withholding of investment transactions.

5.1.1. Market Risk: Property values and rental yields may fluctuate due to economic, market, or regulatory changes.

5.1.2. Liquidity Risk: Fractional property investments may not be easily sold or transferred. You may not be able to access your invested funds immediately.

5.1.3. Regulatory Risk: Changes in laws, tax treatment, or property regulations could affect investment performance.

5.1.4. Project Risk: Construction delays, cost overruns, or management issues may impact returns.

5.1.5. Platform Risk: While we implement robust security and compliance measures, digital platforms are inherently exposed to cybersecurity and operational risks.

5.2. By investing through the Brix Platform, you acknowledge that you understand and accept these risks, and that your participation is entirely voluntary.

6.1. You must be at least 18 years of age, and legally competent to enter into a binding agreement to use the Platform. By registering, you confirm that all information you provide is accurate and complete.

6.2. To access investment opportunities, you must create an account. You are solely responsible for maintaining the confidentiality of your login details and password(s) for all activities under your account.

6.3. To create an account, you must provide certain information and personal details to Brix. You will access the Platform to monitor your account and transact therein by means of a unique username and password.

6.4. You agree and warrant that your username and password will be used by you and/or persons authorised by you only.

6.5. Once the unique username and password have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for all investments made and transactions concluded on the Platform.

6.6. Should you become aware of or reasonably suspect any unauthorised access to or use of your username and password, you agree to notify Brix immediately and to take reasonable steps to mitigate any loss or harm from such unauthorised access.

6.7. You may not use any device, software or other instrument to interfere or attempt to interfere with the proper functioning of the Platform. You further agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Platform or the information contained therein.

6.8. You agree to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree to not:

6.8.1. Engage in any abuse of e-mail or spam;

6.8.2. Use the Platform to distribute material that is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful;

6.8.3. Take any action aimed at deceiving or misleading any person, impersonate any person or otherwise misrepresent your affiliation to any person or organisation;

6.8.4. Use the Platform in a manner that may infringe the intellectual property rights or other proprietary rights of others;

6.8.5. Use the Platform to transmit anything containing viruses or any other destructive features, irrespective of whether damage is intended or not;

6.8.6. Violate the privacy of any person in any way, including but not limited to sharing any person’s personal information without their consent to do so;

6.8.7. Attempt to gain unauthorised access to the Platform, including but not limited to hacking, password mining or any other means; or

6.8.8. Otherwise use the Platform to engage in any illegal or unlawful activity.

6.9. Should you fail to comply with your obligations according to these Terms, this failure may lead to a suspension and/or termination of your access to the Platform in our sole discretion with or without notice to you, and without any prejudice to any claims for damages or otherwise that we may have against you.

6.10. Any breach of these Terms and your obligations in terms hereof will entitle Brix to suspend or terminate your access to the Platform, refuse to accept or process any transaction and/or to cancel any transaction already concluded between you and Brix in whole or in part. In that event, Brix will not be liable for any damage whatsoever and howsoever arising because of suspension or termination.

7.1. We respect our users’ privacy and will take reasonable measures to protect it.

7.2. Should you choose to create a user account on the Platform, we will require you to provide us with personal information which includes but is not limited to:

7.2.1. Your name and surname

7.2.2. Your e-mail address

7.2.3. Your physical address

7.2.4. Your identity and/or company registration number

7.2.5. Your phone number(s)

7.2.6. Relevant financial information

7.3. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything.

7.4. We may obtain information about you from third parties, for example financial service providers and credit reference agencies.

7.5. Should your personal information change, it is your duty to inform us and provide us with updates as soon as reasonably possible.

7.6. We will use your personal information for the following purposes:

7.6.1. Creating an account on the Platform.

7.6.2. Receiving and making payments from and to you.

7.6.3. To keep you informed regarding investment opportunities.

7.6.4. To inform you of new features and special offers (unless you have opted out of receiving marketing material from us).

7.7. We do not disclose any personal information to any third party other than as set out below:

7.7.1. To Brix officials and employees, and/or third-party service providers in relation to investments made through the Platform in the ordinary course of business.

7.7.2. To our service providers in the ordinary course of our business operations, which service providers are also required to honour this privacy policy.

7.7.3. To law enforcement, government agencies or other third parties to protect the legitimate interests (including safety, property, or other rights) of Brix, our customers, our associates, or any other person, or where otherwise required or permitted by regulation or legislation.

7.8. We are entitled to use or disclose your personal information if such use or disclosure is required to comply with any applicable law, order of court or other legal process served on us, or to protect and defend our rights or property. 

7.9. Brix takes the security of personal information seriously and always does our best to comply with applicable data protection laws. Our hosting company will host our website on a secure server environment that uses a firewall and other advanced security measures to prevent interference or unauthorised access.

7.10. Brix will:

7.10.1. Treat your personal information confidentially except where we are required or entitled to share it as contained in these Terms;

7.10.2. Provide you with access to your personal information to view and/or update personal details;

7.10.3. Notify you as soon as reasonably possible if we become aware of any unauthorised use, disclosure or processing of your personal information;

7.10.4. Provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

7.10.5. Return or destroy all your personal information in our possession or control should you request it, save for information that we are legally obliged to retain.

7.11. We will only retain your personal information for as long as necessary to fulfil the purposes set out in this policy, unless retention of the record is required or authorised by law or you have consented to the retention of the record.

7.12. We will never sell or make your personal information available to any third party other than as provided for in this policy.

7.13. While we take all reasonable steps necessary to protect your personal information, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosure of your personal information made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

8.1. The entire content of the Platform, including but not limited to any information, data, software, graphics, lay-outs, images, sounds, advertisements, videos, logos and trademarks are the property of Brix Invest (Pty) Ltd. and/or its third-party suppliers and service providers and is protected by law.

8.2. Platform users will not acquire any right, title or interest in or to the Platform or the content thereof.

8.3. Any use, distribution or reproduction of the Platform or the content thereof is prohibited unless expressly authorised by Brix or otherwise provided for in law.

9.1. This Platform may contain links or references to other websites or platforms which are not within our control. These Terms do not apply to such third-party applications and websites, and we are not responsible for the practices and/or privacy policies of such third-party websites and platforms or the “cookies” that those sites may use.

9.2. Your use of such third-party websites and applications is entirely at your own risk, and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such third-party applications and websites or any information contained therein.

10.1. Brix reserves the right to amend these Terms at any time. We will publish the amended Terms on the Platform, and it is your responsibility to regularly check these Terms to make sure that you are familiar with the changes. If you are not in agreement with the changes you may no longer use the Platform.

10.2. Any amendments to the Terms will come into effect immediately and automatically and you will be bound by them.

11.1. Brix will not be liable for any loss or damages, whether direct, indirect, incidental, special or consequential, which may arise from your use of the Platform, or your inability to use the Platform, and/or any unlawful activity on the Platform.

11.2. You hereby indemnify Brix, its directors, officers, employees, agents and/or service providers from any loss, damage, liability, claim or demand due to or arising out of your use of the Platform, or your breach of these Terms.

11.3. Information, ideas and opinions expressed on or through the Platform should not be regarded as professional financial- and investment advice or our official opinion and you take full responsibility for any investments made through the Platform.

12.1. All transactions are secure and encrypted using appropriate encryption technology.

12.2. Payment can be made for goods and materials via the following means:

12.2.1. Debit card.

12.2.2. Credit card.

12.2.3 Electronic Funds Transfer (“EFT”).

12.3. Brix will be entitled to: 

12.3.1. Debit the credit card account supplied by you should you be paying with a credit card;

12.3.2. Debit the bank account supplied by you should you be paying with a debit card; or

12.3.3. Process the transaction once Brix has received a successful confirmation of payment, should you be paying via EFT.

13.1. These Terms and the relationship will be governed by the laws of the Republic of South Africa. You consent and submit to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

13.2. In the event of any dispute arising, you hereby consent to the jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding the fact that the monetary value in the action or proceedings may otherwise fall below the monetary jurisdiction of such court.

14.1. Access to and use of the Website is classified as “electronic transactions” in terms of the Electronic Communications and Transactions Act 25 of 2002 (the “ECT Act”).

14.2. For the purposes of the ECT Act, our information is as follows:

14.2.1. Full name and legal status: Brix Invest Proprietary Limited, a private company registered in South Africa with registration number 2025/527632/07.

14.2.2. Main business: Fractional Immovable Property Investment Firm

14.2.3. Physical address: Unit 5, Circle Park, Sacks Circle, Bellville South, Cape Town

14.2.4. Website address: http://www.brixinvest.co.za

14.2.5. Official email address: info@brixinvest.co.za

14.2.6. Governing terms of use: These Terms

14.2.7. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.