Terms and Conditions

Last updated: 30 June 2023 

Welcome to AFRUENT GROUP (AG)! 

These terms and conditions (“Terms”) govern the use of se1rvices made available on or through https://www.afruent.com and/or the Afruent mobile app  (collectively, the “Platform”, and together with the services made available on or through the Platform, the “Services”). These Terms also include our privacy  policy, available at https://www.afruent.com/privacy-policy (“Privacy Policy”), and any guidelines, additional, or supplemental terms, policies, and disclaimers  made available or issued by us from time to time (“Supplemental Terms”).The Privacy Policy and the Supplemental Terms form an integral part of these  Terms. In the event of a conflict between these Terms and the Supplemental Terms with respect to applicable Services, the Supplemental Terms will prevail. 

The Terms constitute a binding and enforceable legal contract between Afruent Group Private Limited (a company incorporated under the Companies Act, 71  of 2008 with its registered address at 10684, Thatchhill, Centurion 1057, and its principal place of business at Eco Boulevard, Highveld, Centurion, Pretoria,  Gauteng 1057 and its affiliates (“AG”, “we”, “us”, or “our”), and you, a user of the Services, or any legal entity that books Pro Services (defined below) on  behalf of end-users (“you” or “Customer”). By using the Services, you represent and warrant that you have full legal capacity and authority to agree to and  bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such  person to these Terms. 

By using the Services, you agree that you have read, understood, and are bound by, these Terms, as amended from time to time, and that you will comply  with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms, or comply  with the requirements listed here, please do not use the Services. 

A) SERVICES 

i. The Services include the provision of the Platform that enables you to arrange and schedule different home-based services with independent third party service providers of those services (“Service Professionals”). As a part of the Services, AG facilitates the transfer of payments to Service  Professionals for the services they render to you and collects payments on behalf of such Service Professionals. 

ii. The services rendered by Service Professionals are referred to as “Pro Services”. The term “Services” does not include the Pro Services. AG does not provide the Pro Services and is not responsible their provision. Service Professionals are solely liable and responsible for the Pro Services that they  offer or otherwise provide through the Platform. AG and its affiliates do not employ Service Professionals, nor are Service Professionals agents,  contractors, or partners of AG or its affiliates. Service Professionals do not have the ability to bind or represent AG.

iii. The Platform is for your personal and non-commercial use only, unless otherwise agreed upon on in accordance with the terms of a separate  agreement. Please note that the Platform is intended for use only within South Africa. You agree that in the event you avail the Services or Pro  Services from a legal jurisdiction other than the territory of South Africa, you will be deemed to have accepted the AG terms and conditions  applicable to that jurisdiction. 

iv. The Services are made available under various brands owned by or otherwise licensed to AG and its affiliates. 

v. A key part of the Services is AG’s ability to send you text messages, electronic mails, or WhatsApp messages, including in connection with your  bookings, your utilization of the Services, or as a part of its promotional and marketing strategies. While you may opt out of receiving these text  messages by contacting AG at privacy@afruent.com or through the in-Platform settings, you agree and acknowledge that this may impact AG’s ability  to provide the Services (or a part of the Services) to you. 

vi. In certain instances, you may be required to furnish identification proof to avail the Services or the Pro Services, and hereby agree to do so. A failure  to comply with this request may result in your inability to use the Services or Pro Services. 

B) ACCOUNT CREATION 

i. To avail the Services, you will be required to create an account on the Platform (“Account”). For this Account, you may be required to furnish certain details, including but not limited to your phone number. To create an Account, you must be at least 18 years of age. 

ii. You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Platform in the event of any change to or modification of this information. 

iii. You are solely responsible for maintaining the security and confidentiality of your Account and agree to immediately notify us of any disclosure or unauthorized use of your Account or any other breach of security with respect to your Account. 

iv. You are liable and accountable for all activities that take place through your Account, including activities performed by persons other than you. We shall not be liable for any unauthorized access to your Account. 

v. You agree to receive communications from us regarding (i) requests for payments, (ii) information about us and the Services, (iii) promotional offers  and services from us and our third party partners, and (iv)any other matter in relation to the Services. 

C) USER CONTENT 

i. Our Platform may contain interactive features or services that allow users who have created an account with us to post, upload, publish, display,  transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content on or through the Platform (“User Content”). ii. As part of the effective provision of the Services and quality control purposes, we may request reviews from you about Service Professionals and you agree and acknowledge that Service Professionals may provide reviews about you to us. You must not knowingly provide false, inaccurate, or  misleading information in respect of the reviews. Reviews will be used by us for quality control purposes and to determine whether Customers and 

Service Professionals are appropriate users of the Platform. If we determine at our sole discretion that you are not an appropriate user, we reserve  the right to cancel your registration and remove you from our Platform. 

iii. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub licensable, and royalty-free licence to (i) use, publish, display, store,  host, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of, the User Content, for the  functioning of, and in connection with, the Services and (ii) use User Content for the limited purposes of advertising and promoting the Services, or  furnishing evidence before a court or authority of competent jurisdiction under applicable laws. 

iv. In connection with these Terms and the licenses granted under this clause, you hereby waive any claims arising out of any moral rights or other  similar rights relating to the User Content. 

v. You agree and acknowledge that AG may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion,  violates these Terms. 

D) CONSENT TO USE DATA 

i. You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy is available at https://www.afruent.com/privacy-policyand it explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data. 

ii. In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or  other third party service providers. We may use information and data pertaining to your use of the Services for provision of the Services, analytics,  trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial  schemes, new offers, and for experience enhancement. 

iii. Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you  in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with  relevant agencies or bodies. 

E1) BOOKINGS 

i. Orders: The Platform permits you to request various Pro Services at a time of your choosing based on available slots. To make a booking, you should follow the instructions on the Platform and provide necessary information. We use reasonable efforts to enable you to find a Service Professional  who is able to provide that service at the requested time. If, in the unlikely event we cannot find a Service Professional for the specific timeslot, we  will contact you to find an alternative time. 

ii. Confirmation: Once you place a request we will provide confirmation of the booking via SMS, email or a push notification. Once your booking has  been confirmed, you will be required to make the payment in accordance with these Terms or as indicated on the Platform. Once a Service  Professional has been identified for the requested Pro Services, you shall receive confirmation in App or via SMS, email or a push notification. 

iii. Cancellations: Bookings that are cancelled before confirmation on the Platform will not be charged. AG’s cancellation policy sets out applicable cancellation fees.

iv. Substitution: In case of the unavailability of, or cancellation by a selected Service Professional, we will offer you a substitute of the Service  Professional from among our registered Service Professionals. 

E2) MULTI-LEVEL MARKETING [MLM] 

(a) This instrument here after referred to as the agreement executed by Applicant and Company (Afruent Group). The Company is engaged in the business of  Selling through Multi-Level Marketing (M.L.M.). The Company authorizes Direct Sellers across the country for marketing and sale of its Products and Services.  An individual intended to become Direct Seller/Afruencer can apply for the same in prescribed application form of the Company. The fee or charge for  becoming Direct Seller/Afruencer of the Company is, and will be set out by the company and communicated from time to time. 

The applicant must be 18 years of age or above. The Company exclusively uses its website to display the details of the products, marketing methods and  compensation plan. It also uses verbal publicity to promote its business. For smooth running, simplifying, keeping transparent, prevention of fraudulent  practices and betterment of the business of Direct Selling, the Company has framed certain rules and regulations, marketing plan, terms and conditions etc. 

The Company and Direct Seller/Afruencer have clearly understood and agreed to abide by the terms and conditions as laid down herein at the time of  agreement. 

NOW THIS AGREEMENT OF DIRECT SELLING/NETWORK MARKETING WITNESSES AS FOLLOWS: 

DEFINITIONS: 

The following words used in these presents shall have the meaning as defined hereunder: - 

A. Direct selling / Network marketing: Means marketing, distribution and sale of goods/products or providing of services as a part of network of Direct  Selling. 

B. Direct seller/Afruencer: Means a person authorized, directly or indirectly, by a network marketing company (Afruent Group) through a legally enforceable  written contract to undertake direct selling business on principal to principal basis. 

C. Consumer / Afruencer: Means a person who purchases goods or services for personal use/consumption or to resell. D. Goods, Products / Services: Means goods/products as defined in the Sale of Goods Act. "Services" Means service as defined in Consumer Protection Act. E. UniqueID / MemberID: Means Unique Identification Number issued by the Company to the Direct Seller / Afruencer as token of acceptance for direct  selling and of goods/products and services of the Company. 

F. Password: Means unique password awarded to each Direct Seller to allow him to log on to the website of the Company. G. Vendor/ Afruent Partner: Companies and/or service providers registered with Afruent to sell services and/or products. H. Sponsor: A person who recruits another into Afruent’s compensation plan programme. 

I. Downline: A person recruited by another into Afruent’s compensation plan programme. 

J. First(1st) Level: A person recruited personally by a sponsor. 

K. Team: Total number of your downline (1st; 2nd; 3rd; 4th & 5th levels).

L. CashBack Bonus: Money paid by vendors/ Afruent partners to the company for services/products bought by members or Afruencers. M. Payout: Money paid to an Afruencer as per the compensation plan. 

N. Website: Means the official website of Company i.e. www.afruent.com 

THE AUTHORISATION OF AFRUENCER AND UNDERSTANDING: 

A. After submitting application form to the Company duly signed (acceptance of Terms & Conditions) by applicant, the Company upon scrutiny and verification  of the details submitted by applicant in application form may register as "Customer/Afruencer" and authorise him/her for selling of the goods/products and  services of the Company. The Company exclusive reserves the right to accept or reject or decline the application at its discretion without assigning any reason  whatsoever. 

B. The Afruencer shall enjoy the following privileges: - 

I. Incentive for effecting sale of goods/products and/or services of the Company as per compensation marketing plan. II. No territorial restriction to sell the goods/products and services. 

III. Search and inspect his/her account on website of the Company through I.D. and password awarded by the company. IV. Incentive of the Afruencershall be in proportion to the Business Volume of the Afruencer either by his personal efforts or through team as stipulated  in the compensation marketing plan of the Company. 

C. An individual, upon completing application form shall be deemed to have accepted the terms and conditions stipulated herein. Upon registration after  scrutiny of the details submitted by applicant in application form, he/she shall become the Afruencer of the Company. Allocation of password and ID shall  be construed as registration as Afruencer. 

D. The applicant hereby covenants that as under: - 

i. That he/she has clearly understood the marketing methods/plan, the compensation plan, its limitations and conditions. He/she agrees that he/she  is not relying upon any misrepresentation or fraudulent inducement or assurance that is not set out in terms and conditions or other officially printed  or published materials of the Company. 

ii. Relation between the Company and the Afruencer shall be governed, in addition to this agreement, by the rules and procedure mentioned in the  marketing plan available on website. The Afruencerfurther confirms that he/she has read and understood guidelines and terms & conditions carefully  and agrees to be bound by them. 

iii. Afruencer shall act as independent business owner. He/she shall not create any liability/obligation on the Company of whatsoever nature. iv. Afruencer shall be responsible for paying all taxes whether direct or indirect including but not limited to income tax, and other taxes chargeable to  Afruencer on amount earned hereunder. All legal, statutory, financial and other obligations associated with Afruencer's business shall be the sole  responsibility of Direct Seller/ Afruencer. 

v. It is made and understood in very clear terms that Afruencer is not an agent, employee, an authorized representative of the Company or its service  provider and shall not be entitled to any employee's benefits. He/ She is not authorized to receive/accept any amount/payment for and on behalf of  the Company. Any payment/amount received by him/her will not be deemed to be received by the Company and the Company shall take necessary  action against such Afruencer. 

vi. Afruencer shall keep proper book of account stating the details of the sale of products, price, tax, quantity etc.

vii. Afruencer hereby declare that all the information furnished by him to the Company are true and correct to his/her best of knowledge and nothing is  concealed. Company reserves the right to take any action against the Afruencer in the event of it is discovered that the Afruencer furnished any  wrong/false information to the Company. 

GENERAL TERMS: 

i. Afruencershall use his/her best efforts to promote the sale of goods/products and services and maximize them. Afruencershall also provide reasonable  assistance to Company in promotional activities. 

ii. The Afruencer will be eligible for remuneration as per business volume of sale of products and services done by him/her subject to the eligibility of  norms formulated by the Company from time to time according to marketing compensation plan and not in any other form/manner is payable/given. 

iii. Track ID has to be quoted by the Afruencer for all his/her transactions and correspondence with the Company. The Track ID once chosen cannot be  altered at any point of time. 

iv. No communication will be entertained without unique ID and password. Afruencer shall preserve the ID and password properly as it is "must" for  logging on website. 

v. Incentive to the Afruencer shall be subject to statutory deductions under income tax and other acts as applicable for the time being in force. 

vi. The Company reserves right to withheld/block/suspend I.D. of the Afruencer in the event of the Afruencer fails to provide any detail as desired by the  Company from time to time. 

vii. Afruencer undertakes to adhere to policies, procedures, guidelines and rules & regulations formed by the Company. 

viii. The Afruencer shall be faithful to the Company and uphold the integrity and decorum of the Company and shall maintain good relations to other  Afruencers and his/her clients or team. 

ix. Company reserves the right to modify the terms and conditions, Products, Marketing Plan, Business and other policies at any time without any prior  notice. Modification shall be published through the official website of the Company or any other mode as Company may deem fit and proper and such  modification/ alteration and amendments made by the Government from time to time, shall be applicable and binding upon the Afruencer from the  date of such modification/alteration. 

x. If any Afruencer loses his contractual capacity due to any reason or in case of death of Afruencer either his nominee or one of the legal heir with consent  in writing of all the legal heirs, may join the Company as Afruencer in place of incapable or the deceased provided he executes written agreement and  undertakes to abide by all rules and regulations and terms & conditions etc. in the same manner as that in case of original Afruencer. In case of failure 

to arrival at such consent within six months from the incapability or death of the Afruencer, the Company shall be at liberty to terminate the unique  I.D. and for this period the Company will keep his unique ID in abeyance. 

xi. Afruencer shall be abided by all statutory, central, state and local body laws, rules and regulations and guidelines in operation of Company's business.  Afruencer shall not engage in any deceptive of unlawful trade practices as defined under different statutes. 

xii. Afruencer shall not manipulate the Company's marketing plan, products and services, rate, B.V. etc. in any way. 

xiii. Afruencer shall not send, transmit or otherwise communicate any message to anybody on behalf of the Company without any authority from the  Company. 

xiv. Afruencer or any other person under him/her is strictly prohibited to use promotional material, other than the developed and authorized by the  company. 

xv. Afruencer shall not use the AFRUENT trademark, logotype and design anywhere without written permission of the Company and the said permission  can be withdrawn at any time by the Company. 

xvi. Afruencer shall be self-responsible for all arrangements, expenses and permissions from National/Provincial Government and local bodies for  conducting meetings or seminars. 

xvii. Afruencer shall bear the cost and expenses of conducting its business in accordance with these terms and conditions. The Company will not entertain  any reimbursement on any expense made by the Afruencer other than sales incentive earned by the Afruencer as per the marketing compensation plan. 

xviii. Afruencer shall not sell any product/services for a price exceeding Maximum Retail Price (M.R.P.) 

xix. Afruencer shall not make medical claim for the effects arising out by using the products/services of the Company or its Partner companies.

PROHIBITIONS/ RESTRICTIONS: 

i. The Afruencer hereby undertakes not to compel or induce or mislead any person with any false statement or promise to purchase products or services  from the Company or to become an Afruencer of the Company. 

DUTY & CONFIDENTIALITY: 

⮚ Afruencer shall keep and maintain secrecy and confidentiality and shall not disclose the secret information to anybody.

SPECIAL CONDITIONS: 

⮚ Notwithstanding anything stated or provided herein, the Company shall have all powers and discretion to modify, alter or vary the terms and  conditions in any manner or mode as the Company deems fit and proper and shall be communicated through official website. If any Afruencer does  not agree to such modifications/ alterations, he may terminate his agreement within 30 days of such publication by giving a written notice to the 

Company. Without any objection to such modifications/alterations, if Afruencer continues his/her business activities, it will be deemed that he/she  has accepted all modifications/alterations for future. 

TERMINATION: 

Company may terminate this agreement on ground of any reason which shall not be limited to the following: - 

a. On non-compliance with the provisions of the marketing plan and discipline of the Company. 

b. For reason of non-performance with the business activities of the Company. 

c. For any unethical or prejudicial work to the interest of the Company. 

d. For breach of any term and condition of this agreement and marketing plan. 

e. In case information given by Afruencer is found to be misleading/wrong/false. 

f. If he/she is found to be convicted on any offence punishable under law for the time being in force. 

g. If he/she is not mentally sound or physically fit to handle the business. 

h. Where an Afruencer is found to have not supported an African company by not making no purchase/sale by himself/herself of goods/products and  services for a period of six consecutive months since the date of joining as Afruencer or where there is no purchase/sale of goods/products and services  for a period of six consecutive months since the date of last purchase/sale made, the company shall have the right to terminate the agreement by giving  thirty days notice in writing or by electronic means to the Afruencer. 

i. Where Company deems it necessary to terminate the Afruencer in the interest of other Afruencers connected with his/her group/team. The Afruencer may terminate this agreement at any time by giving written notice to the Company. 

A. Termination of a Direct Seller means termination of. 

i. All rights and entitlements as Afruencer of Company. 

ii. Personal information given on website 

iii. Identification as Afruencer of Company 

iv. Right to go at any Company's office and attend Company's meetings/seminars. 

All the Company's trademarks, trade names, data, photographs, literature, sales aids and all kinds of customer related database and any other information  generated shall always remain the property of Company. Within five (5) days after the termination of Afruencer, he/she shall return all such items to Company. 

Afruencer shall not make or retain copies of any confidential item or information that may have been entrusted to him/her and upon the termination of  Afruencer, he/she shall cease to use all trademarks and trade names of Company. 

RENEWAL/ AGREEMENT PERIOD: 

❖ Joining fee is free (until further notice) 

Afruencer authorization shall continue till the end of twelve months from the date of acceptance of application by Company. To continue the authorization as  Afruencer of Company for next one year, the Afruencer shall have to renew his/her authorization on or before the last date of expiry of twelve months. In case  of failure in submission of renewal application within stipulated period, the authorization shall be ceased automatically. 

Renewal application is available on Company's website in personal information. Afruencer has to apply for renewal through his/her login. 

Company reserves the right to refuse any renewal request and can revoke agreement if, in Company's opinion, the activities of the Afruencer are not in the  interest of Company or the Afruencer has failed to comply with the rules, procedures, guidelines, terms & conditions etc. during the twelve proceeding months. 

The agreement will automatically come to an end in case of non-compliance of renewal formalities. 

SMS ALERTS: 

The Afruencer agrees to receive the SMS Alert from the company on Mobile No. mentioned/ quoted above. 

Afruencer shall furnish the change in Mobile No. (if any). 

F) PRICING, FEES, AND PAYMENT TERMS 

(a) AG reserves the right to charge you for the different Services you may avail and/or for any other facilities you may opt for, from time to time, on or via the  Platform. 

(b) Charges and Fees in respect of Pro Services: 

(i) In respect of Pro Services that you seek to avail through the Platform, you shall be required to pay Service Professionals the amount indicated at the time  of booking as well as amounts towards (a) any additional Pro Services you may avail, (b) out of pocket expenses incurred by the Service Professional, and (c)  expenses arising out of the purchase of goods required or utilized for the performance of the Pro Service (“Charges”). In addition to the Charges payable to  

Service Professionals, AG reserves the right to charge you a convenience fee for facilitating the booking and transferring payments to the Service Professional  (this fee is referred to as “Fees”). You acknowledge that the final bill you receive may include additional charges, including without limitation, a safety fee,  warranty fee, insurance fee, or Service Professional welfare fee.

(ii) AG shall notify you of the applicable Charges, Fees, and payment methods at the time of booking. Generally, you may make payments for Pro Services  through credit cards, debit cards, net banking, wallets, UPI or cash upon completion of the Pro Service. We have the right to modify and otherwise restrict the  modes of payment available to you. You acknowledge that certain payment methods such as cash upon completion may not always be available to you as a  payment method. For the avoidance of doubt, in the event you pay through the method of ‘cash upon completion’, you acknowledge that you will be  required to pay both Charges and Fees to the Service Professional. 

(iii) The Charges and Fees may be payable at the time of making a booking, or upon the completion of the Pro Service, as specified by AG. 

(iv) For the avoidance of doubt, please note that the Charges are payable to Service Professionals, and AG acts as a limited collection agent on behalf of such  Service Professionals to collect and transfer amounts due to them. 

(v) Taxes: All Charges and Fees are inclusive of applicable taxes. 

(vi) AG reserves the right to reasonably amend the Charges and Fees at any time at its sole discretion. A change in Fees shall not impact any bookings that  have been confirmed before the publication of the revised Fees on the Platform. 

(vii) Charges and Fees that you pay are final and non-refundable, unless otherwise determined by AG or required by the applicable laws. Under certain laws,  you may be entitled to a refund or other remedies for a failure in the provision of the Services. 

(viii) You acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. AG  will use reasonable efforts to inform you of the Charges and Fees that may apply. However, by using the Pro Services or Services, you will be responsible for  the Charges and Fees incurred under your Account regardless of your awareness of such Charges or Fees. 

(c) Payment Processors: We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The  processing of payments will be subject to the terms and policies of such Payment Processor in addition to these Terms. We shall not be liable for any error of  the Payment Processor. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms of the Payment  Processor. 

(d) Cancellation: You may elect to cancel your request for services from a Service Professional at any time prior to such Service Professional’s arrival, in which  case you may be charged a cancellation fee in accordance with AG’s cancellation policy. AG reserves the right to charge you, or otherwise deduct applicable  taxes in respect of such cancellation fee. 

(e) Subscriptions: AG may from time to time offer subscription packages (howsoever named) for monetary consideration. The packages shall provide  Customers with additional benefits, which may include the ability to avail discounted Pro Services. You agree that subscription packages (howsoever named)  shall be subject to additional terms and conditions. You acknowledge that such subscription packages will be subject to additional terms and conditions that  will be deemed to be an integral part of these Terms.

(f) AG does not designate any portion of your payment as a tip or gratuity to the Service Professional. Any representation by AG to the effect that tipping is  “voluntary”, “not required”, and/or “included” in the payments you make for Pro Services is not intended to suggest that AG provides any additional  payments to Service Professionals. You understand and agree that while you are free to provide additional payment as a gratuity to any Service Professional  who provides you with Pro Services, you are under no obligation to do so. Gratuities are voluntary. 

G) CUSTOMER CONDUCT 

(a) AG prohibits discrimination against Service Professionals, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to  any refusal to accept Pro Services based on any of these characteristics. 

(b) We request that you treat all Service Professionals with courtesy and respect, and that you provide them with a safe, clean, and appropriate location to perform the Pro Services. Service Professionals shall be entitled to refuse to perform Pro Services if you have not provided a safe, clean, and appropriate location for them, or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to  withhold access to the Services and otherwise limit your access to Pro Services at our absolute discretion if you behave towards any Service Professional in a  manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful. 

(c) You agree that you will be liable for discriminating against Service Professionals or for any failure, intentional or otherwise, to provide the Service Professionals a safe, clean, and appropriate location for them to perform the Pro Services. Additionally, you will also disclose any and all information that may  have a bearing on the ability of the Service Professional to perform the Pro Services or impact the Services Professional’s health, safety, or well-being, to AG and the Service Professional. 

(d) You agree that in the event a Service Professional behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the  law, you shall be required to report such incident to grievanceofficer@afruent.com at the earliest but in any event within 48 (forty eight) hours of such incident. 

H) THIRD PARTY SERVICES 

(a) The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party (“Third Party  Services”) and contain links to Third Party Services. You understand and acknowledge that Third Party Services are the sole responsibility of the third party  that created or provided it and that use of such Third Party Services is solely at your own risk. 

(b) We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Should you avail a Third Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third Party Services. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties. 

I) YOUR RESPONSIBILITIES

(a) You represent and warrant that all information that you provide in relation to the Services and Pro Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services and/or the Pro Services. Should any information that  you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility  or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect,  incomplete, inaccurate, or misleading or if you fail to disclose any material fact. 

(b) You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms. 

(c) In respect of the User Content, you represent and warrant that: 

(i) you own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licenses under these Terms; (ii) you are solely responsible for all activities that occur on or through your account on the Platform and all User Content; (iii) the User Content does not and shall not violate any of your obligations or responsibilities under other agreements; 

(iv) the User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right including the right of  publicity or privacy of any person or entity; 

(v) the User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; (vi) the User Content does not and shall not violate any third party rights; and 

(vii) the User Content (A) does not belong to any other person to which you do not have any right, (B) does not threaten the unity, integrity, defence, security  or sovereignty of The Republic of South Africa, friendly relations with foreign states, public order, cause incitement to the commission of any cognisable  offence, prevents investigation of any offence, or is insulting another nation, (C) is not defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, discriminatory based on gender, ethnically objectionable, disparaging, relating to, or encouraging money laundering or gambling, libellous,  hateful, racist, violent, obscene, pornographic, unlawful, harmful to children, or (D) otherwise offensive, objectionable, or restricts, or inhibits, any other  person from using or enjoying the Services. 

(d) You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not: 

(i) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party; 

(ii) except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works  from or license the Services;

(iii) use the Services to transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or  hardware; 

(iv) use any robot, spider, other automated device, or manual process to monitor or copy the Services or any portion thereof; (v) engage in the systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory; (vi) use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities or (C) in any manner inconsistent with these Terms; (vii) decompile, reverse engineer, or disassemble the Services; 

(viii) link to, mirror, or frame, any portion of all or any of the Services; or 

(ix) violate applicable laws in any manner. 

(e) You warrant that you shall not engage in any activity that interferes with or disrupts the Services. 

(f) You shall not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services, to any of our servers, or through the Platform by hacking, password mining, or any other illegitimate means. 

(g) You shall not directly or indirectly, in any capacity, solicit, attempt to influence, engage, approach, or accept or encourage the solicitations or approach of, a Service Professional from whom you have availed Pro Services, to either terminate or otherwise cease their registration on or engagement with the Platform, or avail services the same as or similar to the Pro Services independently, without booking the Pro Services through your Account. You agree that  this limitation is reasonable and fair and is necessary for the protection of the privacy and security of Service Professionals and that this will not preclude you  from obtaining services the same as or similar to the Pro Services through the Platform or other means. You further agree that any potential harm to Service  Professionals from the non-enforcement of this clause far outweighs any potential harm to you. 

J) OUR INTELLECTUAL PROPERTY 

1) All rights, titles, and interest in, and to the Services, including all intellectual property rights arising out of the Services, are owned by or otherwise  licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited  license to use the Services in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted  herein are reserved by AG or AG’s licensors. 

2) We may request you to submit suggestions and other feedback, including bug reports, relating to the Services from time to time (“Feedback”). We  may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights. 

3) Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in, or license to, our or any third party’s intellectual property rights.

K) TERM AND TERMINATION 

1) These Terms shall remain in effect unless terminated in accordance with the terms hereunder. 

2) We may restrict, deactivate, or terminate your access to, or use of, the Services, or any portion thereof, (i) immediately and at any point at our sole discretion (A) if you violate or breach any of the obligations responsibilities or covenants under these Terms (B) when you cease to become a user of  our discretion, (C) you do not, or are likely not to qualify under applicable law, or the standards and policies of AG or its affiliates, to access and use  the Services, (ii) upon 30 (Thirty) days’ prior written notice to you, or (iii) immediately for any legitimate business, legal, or regulatory reason. 3) You may terminate these Terms, at any time, for any reason by sending a notice to AG at privacy@afruent.com 

4) Upon termination of these Terms: 

 (i) the Account will expire; (ii) the Services will “time-out”; and 

 (iii) these Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.

L) DISCLAIMERS AND WARRANTIES 

1) The Services are provided on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including without limitation the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, we make no  warranty that the Services will meet your requirements or expectations. 

2) No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms. 3) While AG strives to provide accurate information about Pro Services and Charges, pricing errors may occur from time to time. 4) You agree and acknowledge that we are merely a Platform that connects you with Service Professionals, and we shall not be liable in any manner for  

any obligations that have not been explicitly stated in these Terms. We are not liable or responsible for fulfilment of any bookings, for the  performance of the Pro Services by any Service Professional, or for any acts or omissions of the Service Professionals during their provision of the Pro  Services including any damage they may cause to property. By booking Pro Services through the Platform, you are entering into a contract with the  relevant Service Provider for the provision of those services, and we accept no responsibility or liability, nor do we make any warranty,  representation, or guarantee in respect of the Service Professional’s performance under that contract. 

5) You agree and acknowledge that soliciting or receiving services from any Service Professional independently is solely at your own risk, and in such an event, you waive any rights that you may have under these Terms. 

6) We do not guarantee or warrant and we make no representation whatsoever regarding the reliability, quality, or suitability of the Service  Professionals. 

7) You hereby accept full responsibility for any consequences that may arise from your use of the Services and Pro Services, and expressly agree and acknowledge that we shall have absolutely no liability in this regard acknowledge that we shall have absolutely no liability in this regard. 8) AG will maintain a complaints management framework and will manage this framework on behalf of Service Professionals in a reasonable manner  and in accordance with the non-excludable requirements of relevant applicable laws.

9) To the fullest extent permissible by law, we, our affiliates, and our related parties, each disclaim all liability for any loss or damage arising out of, or  due to: 

(i) your use of, inability to use, or availability or unavailability of the Services or the Pro Services; 

(ii) the occurrence or existence of any defect, interruption, or delays, in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction, or unauthorized access to our records, programmes, services, servers, or other infrastructure relating to the  Services; 

(iii) the failure of the Services to remain operational for any period of time; and 

(iv) the loss of any User Content and any other data in connection with your use of the Services. 

(10) In no event shall AG, its officers, directors, and employees, or its contractors, agents, licensors, partners, or suppliers, be liable to you for any direct,  special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation, lost business opportunities, lost  revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to any  abuse or breach of data), even if AG or an authorized representative had been advised of the possibility of such damages, arising out of, or relating to (A)  these Terms, (B) the Services or the Pro Services, (C) your use or inability to use the Services or the Pro Services, or (D) any other interactions with  another user of the Services. 

(11) To the maximum extent permitted by law, our liability shall be limited to the amount of commission we receive in respect of a particular booking made  on the Platform. In no event shall our total liability to you in connection with these Terms exceed ZAR 2,000. 

(12) Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

M) INDEMNITY 

You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without  limitation, all damages, liabilities, settlements, and attorneys’ fees), due to or arising out of your access to the Services or Pro Services, use of the Services or  Pro Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account. 

N) JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION 

i. These Terms shall be governed by and construed and enforced in accordance with the laws of South Africa. Subject to other provisions in this clause,  courts in Gauteng shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services. 

ii. Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in Gauteng in accordance with the Arbitration and Conciliation Act, 42 of 1965 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal  shall consist of 1. (One) arbitrator appointed by AG. The language of the arbitration shall be English. The parties to the arbitration shall keep the 

arbitration confidential, and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The  decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any  dispute. 

O) GRIEVANCE REDRESSAL 

(a) You may contact our designated Grievance Redressal Officer with any complaints or queries relating to the Services or these Terms through registered post or through email, details of which are provided below: 

Name: Thokozile Malope 

Designation: Chief Operations Officer 

Email Address: Tmalope@afruentgroup.com 

(b) We shall ensure that your complaint is resolved within timelines prescribed by applicable laws. 

P) MISCELLANEOUS PROVISIONS 

i. Changes to Terms: The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted  on the Platform. It is your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the  changes made to these Terms if you continue to use the Platform once it has been posted. 

ii. Modification to the Services: We reserve the right at any time to add, modify, or discontinue, temporarily or permanently, the Services (or any part thereof), with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.

iii. Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention  of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

iv. Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms, or your Account in any manner  without our prior written consent. We may grant or withhold this consent at our sole discretion, subject to any conditions we deem appropriate. We  may assign our rights to any of our affiliates, subsidiaries, or parent companies, any successor in interest of any business associated with the Services,  or any third party without any prior notice to you. 

v. Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to legal@afruentgroup.com vi. Force Majeure: We shall have no liability to you if we are prevented from or delayed in performing our obligations, or from carrying on our business,  by acts, events, omissions, or accidents beyond our reasonable control, including without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule,  regulation, or direction.