Terms of Service

• Trading name: BimmerByte
• Legal entity: Ruben Meyburgh, sole proprietor trading as BimmerByte (not registered as a company)
• Owner: Ruben Meyburgh
• Physical address: 10 La Fotana, 19 Tony Crescent, Admirals Park, Gordons Bay, 7140
• Email: ruben.meyburgh001@gmail.com
• Phone: +27 68 507 9580
• Website: bimmerbyte.co.za
• Country of operation: Republic of South Africa

We perform software coding, retrofit coding, and diagnostic services on compatible BMW vehicles, using tools including but not limited to BMW E-Sys, ISTA-D, INPA, and third-party applications such as BimmerCode. The Services involve changing software settings and parameters that the vehicle’s electronic control units already support — we do not flash, jailbreak, or chip-tune ECUs.

• All prices on the Site are quoted in South African Rand (ZAR) and, where applicable, are inclusive of VAT.
• A booking enquiry is not a binding contract. A booking becomes binding once we confirm in writing (email or WhatsApp) the date, time, location, and quoted price for your specific vehicle.
• Prices may vary from the published packages if your vehicle requires unusual time, additional hardware, or a retrofit not included in the package.
• We reserve the right to refuse or cancel any booking, including where we reasonably suspect the vehicle is not legally owned or insured by the person presenting it.

• You may cancel or reschedule free of charge up to 24 hours before the booked time.
• Cancellations or no-shows inside 24 hours may incur a call-out fee of [R350] to cover travel costs.
• ECTA section 44 cooling-off rights do not apply to services that have already commenced at your request, or to services performed in person at a place you nominate.

By booking the Services, you warrant that:

• You are the registered owner of the vehicle, or you have the express authority of the owner to authorise coding changes;
• The vehicle is roadworthy, has a charged and healthy 12V battery, and has no outstanding faults that you have not disclosed to us;
• You have read and understood the warranty notice in section 7;
• Any modifications you request are lawful in South Africa and do not affect roadworthiness (for example, you will not ask us to disable safety systems);
• You have backed up any personal data on the vehicle’s infotainment system that you wish to preserve.

Coding changes software settings on systems that BMW already supports on your vehicle. Every change we make is documented and reversible unless we tell you otherwise before performing it. However, you acknowledge the following inherent risks of any work on a modern motor vehicle:

• A control unit may have a latent (pre-existing) hardware or software fault that is only revealed when the unit is communicated with;
• A weak 12V battery may cause a control unit to lose programming during a coding session;
• A BMW dealer software update may, in future, reset some of the changes we make. We will revisit and re-apply codings once within 12 months at no charge if this happens (see section 8).

BimmerByte is an independent third party and is not affiliated with, endorsed by, or authorised by BMW AG, BMW South Africa, or any official BMW dealer. “BMW”, “M”, and related marks are trademarks of BMW AG, used here for descriptive purposes only.

Some coding changes may be detected by an official BMW dealer during servicing and may, at BMW’s discretion, affect the manufacturer warranty in respect of the affected control unit. Before each coding, we will tell you whether the specific change is generally considered visible at service. You accept this risk by proceeding.

We warrant that the Services will be performed with reasonable care and skill. In addition to your statutory rights under the CPA:

• If a coding we performed stops working through no fault of yours within 12 months, we will revisit and re-apply it once at no charge, provided you are within 50 km of Cape Town CBD.
• If a coding result does not match what we agreed in writing, tell us within 7 days and we will correct it or refund that portion of the price.
• This warranty does not cover damage caused by unrelated faults, dealer software updates, accidents, neglect, or modifications made by anyone other than us.

To the maximum extent permitted by law (and subject always to your rights under the CPA):

• Our total liability arising out of or in connection with the Services is limited to the amount you paid us for the specific booking giving rise to the claim.
• We are not liable for indirect, consequential, or special damages, including loss of profits, loss of use, loss of resale value, or costs of substitute transport.
• We are not liable for damage caused by pre-existing faults in the vehicle, weak batteries, third-party modifications, or manufacturer software updates issued after our work.
• Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot lawfully be excluded.

• Payment is due on completion of the Services, by EFT or card, unless agreed otherwise in writing.
• Ownership of any retrofitted hardware remains with us until payment is received in full.

Our handling of your personal information is set out in our Privacy Policy, which forms part of these Terms.

We are not liable for delay or failure caused by events beyond our reasonable control, including load shedding, severe weather, accidents, illness, or government action.

• These Terms are governed by the laws of the Republic of South Africa.
• Disputes shall first be addressed by good-faith discussion. If unresolved within 30 days, either party may refer the dispute to the appropriate Consumer Court, the National Consumer Commission, or a court of competent jurisdiction in South Africa.
• Nothing in this clause limits your rights under the CPA, including the right to refer a complaint to the National Consumer Commission.

We may amend these Terms from time to time. The version in force at the time of your booking applies to that booking. The “Effective” date at the top of this page reflects the current version.

For any question about these Terms, contact ruben.meyburgh001@gmail.com.