Subject to your compliance with these Terms, Everything is Connected grants you a limited, non- exclusive, non-sublicensable, revocable, non-transferrable license to:

You may not:

The Services may be made available or accessed in connection with third party services and content (including advertising) that Everything is Connected does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Everything is Connected does not endorse such third-party services and content and in no event shall Everything is Connected be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation /or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

The Services and all rights therein are and shall remain Everything is Connected’s property or the property of Everything is Connected’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:

(i) in or related to the Services except for the limited license granted above; or
(ii) to use or reference in any manner Everything is Connected’s subsidiaries and affiliates company names, logos, product and service names, trademarks, or services marks or those of Everything is Connected’s licensors.

User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to Everything is Connected’s subsidiaries and affiliates certain personal information, such as your name, address, and mobile phone number, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Everything is Connected’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Everything is Connected’s subsidiaries and affiliates in writing, you may only possess one Account.

User Requirements and Conduct.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes as it is intended. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Messaging.
By creating an Account, you agree that the Services may send you email or in-app messages as part of the normal business operation of your use of the Services. You may opt-out or amend the supporting functional settings in the application at any time by following the directions outlined within your profile page/account activities/notifications. You acknowledge that opting out of receiving messages may impact your use of the Services.

User Provided Content.
Everything is Connected’s subsidiaries and affiliates may, in their perspective discretion, permit you from time to time to submit, upload, publish or otherwise make available to Everything is Connected’s subsidiaries and affiliates through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Everything is Connected’s subsidiaries and affiliates, you grant Everything is Connected’s subsidiaries and affiliates a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Everything is Connected’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that:

(i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Everything is Connected the license to the User Content as set forth above; and

(ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Everything is Connected’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Everything is Connected’s subsidiaries and affiliates in its sole discretion, whether or not such material may be protected by law. Everything is Connected may, but shall not be obligated to, review, monitor, or remove User Content, at Everything is Connected’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Everything is Connected’s subsidiaries and affiliates does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third-Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Everything is Connected’s subsidiaries and affiliates will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Charges may include other applicable fees, and/or surcharges including a booking fee, campaign fee and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Everything is Connected. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods. Everything is Connected’s subsidiaries and affiliates will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated by Everything is Connected using the preferred payment method designated in your Account, after which Everything is Connected will send you a receipt by email or in-app notification. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Everything is Connected may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and Everything is Connected, Everything is Connected reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Everything is Connected’s sole discretion. Everything is Connected will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for services or goods from a Third- Party Provider at any time prior to such Third-Party Provider’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third-Party Provider for the services or goods provided. Any representation by Everything is Connected’s subsidiaries and affiliates (on Everything is Connected’s subsidiaries and affiliates website, in the Application, or in Everything is Connected’s subsidiaries and affiliates marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Everything is Connected provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Everything is Connected’s subsidiaries and affiliates in Everything is Connected’s reasonable discretion, Everything is Connected reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Everything is Connected to the applicable Third-Party Provider and are non-refundable.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Everything IS CONNECTED OR ANY OF ITS AFFILIATES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Everything IS CONNECTED MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Everything IS CONNECTED DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.
Everything IS CONNECTED OR ANY OF ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF Everything IS CONNECTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Everything IS CONNECTED SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:

(i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR

(ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF Everything IS CONNECTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Everything IS CONNECTED SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Everything IS CONNECTED’S REASONABLE CONTROL.

Everything IS CONNECTED OR ANY OF ITS AFFILIATES SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT Everything IS CONNECTED HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT INTEND TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.
You agree to indemnify and hold Everything is Connected’s subsidiaries and affiliates and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:

(i) your use of the Services or services or goods obtained through your use of the Services;

(ii) your breach or violation of any of these Terms;

(iii) Everything is Connected’s subsidiaries and affiliates use of your User Content; or

(iv) your violation of the rights of any third party, including Third Party Providers.

You understand and agree that it is your responsibility to ensure that you remove your property from the Third-Party Provider when leaving. Should you leave your property at the Third-Party Provider, the Third-Party Provider may hand over your property to you, Everything is Connected or to the Everything is Connected local service entity.

Whilst you may expect Third Party Providers to hand over your property to you, the offices of Everything is Connected’s subsidiaries and affiliates or the Everything is Connected local service entity shall not be held liable in the event of the Third Party Provider not handing over your property as expected.

Whilst Everything is Connected or the Everything is Connected local service entity will take reasonable steps to establish the owner of property left at the Third Party Provider if returned to the offices of Everything is Connected or the Everything is Connected local service entity, when your property is in Everything is Connected’s or the Everything is Connected local service entity’s possession, you understand and agree that:

(i) Everything is Connected or the Everything is Connected local service entity will only keep your property in its possession for a maximum period of three months from the date on which the Third Party Provider handed your property to Everything is Connected or the Everything is Connected local service entity; and

(ii) should you fail to collect your property from Everything is Connected or the Everything is Connected local service entity before the expiry of the three month period stipulated, Everything is Connected or the Everything is Connected local service entity will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against Everything is Connected or the Everything is Connected local service entity in respect of your unclaimed property.

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Everything is Connected’s subsidiaries and affiliates designated agent. Please visit Everything is Connected’s subsidiaries and affiliates web page at for the designated address and additional information.



Notice.

Everything is Connected’s subsidiaries and affiliates may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Everything is Connected by written communication to Everything is Connected’s address at 11 Smith Street, McGregor, Western Cape, 6708

General.

You may not assign or transfer these Terms in whole or in part without Everything is Connected’s prior written approval. You give your approval to Everything is Connected for it to assign or transfer these Terms in whole or in part, including to:

(i) a subsidiary or affiliate.

(ii) an acquirer of Everything is Connected’s equity, business, or assets; or


(iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, Everything is Connected or any Third-Party Provider as a result of the contract between you and Everything is Connected or use of the Services.



If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be governed by and construed in accordance with the laws of the Republic of South Africa.. The language of the arbitration shall be English, unless you do not speak English, in which case the arbitration shall be conducted in both English and your native language. The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless:

(i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and

(ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.