Terms and Conditions

1. INTRODUCTION AND ACCEPTANCE

1.1 This platform is owned and operated by SOCIALLY SYNCD (PTY) LTD, a private company duly formed in accordance with the laws of the Republic of South Africa ("the Company").

1.2 The User acknowledges that the Platform is currently in a "Beta" testing phase. It is provided to the User free of charge for the limited purposes of testing, evaluation, and feedback ("the Beta Version").

1.3 By clicking "accept," registering an account, or otherwise accessing the Platform, you agree to be bound by these Terms of Service.

1.4 These Terms are drafted in accordance with the Electronic Communications and Transactions Act, 25 of 2002 ("ECTA"), the Consumer Protection Act, 68 of 2008 ("CPA"), and the Protection of Personal Information Act, 4 of 2013 ("POPIA").

2. NATURE OF THE BETA SERVICE

2.1 The Platform acts as a digital intermediary and coordination tool designed to facilitate the selection of third-party service providers, the tracking of social group contributions, and payment visibility.

2.2 The User expressly acknowledges that the Beta Version is experimental. The Company does not warrant that the Platform will be uninterrupted, error-free, or compatible with any specific hardware or software.

2.3 The Company reserves the right, in its sole discretion, to modify, suspend, or terminate the Beta Version or the User's access thereto at any time without prior notice or liability.

3. FINANCIAL DISCLOSURES AND THIRD PARTIES

3.1 During the Beta phase, no subscription or transaction fees are levied by the Company for the use of the Platform.

3.2 The User acknowledges that third-party service providers (including but not limited to payment gateways, insurers, funeral directors, or other service providers) may charge independent fees. Such fees are governed by the terms and conditions of those respective third parties.

3.3 The Company is not a party to any transaction between the User and any third-party service provider or between members of a Social Group.

4. NO FIDUCIARY ROLE

4.1 The Company operates solely as a technology provider and marketplace.

4.2 The Company does not receive, hold, manage, or distribute funds on behalf of Users or Social Groups. The Company does not operate as a bank, a financial services provider (FSP), or a collective investment scheme.

4.3 All financial transactions are processed through independent, regulated third-party payment gateways (such as PayFast). The Company does not store credit card or sensitive financial data.

5. SOCIAL GROUPS AND STOKVELS

5.1 Users may form "Social Groups" for collective purposes. The management, governance, and enforcement of contributions within these groups are the sole responsibility of the Users.

5.2 The Company shall not be liable for any loss arising from the fraud, mismanagement, or non-payment of any member within a Social Group.

6. INTELLECTUAL PROPERTY

6.1 All right, title, and interest in and to the Platform, including software, logos, and trademarks, remains the exclusive property of the Company.

6.2 The User is granted a limited, non-exclusive, and revocable license to use the Platform for its intended purpose during the Beta phase.

7. LIABILITY AND INDEMNITY

7.1 The Platform is provided on an "as-is" and "as-available" basis. To the maximum extent permitted by Section 61 of the CPA, the Company shall not be liable for any direct, indirect, incidental, or consequential damages, including but not limited to loss of funds, data corruption, or service provider failure.

7.2 The User hereby indemnifies and holds the Company harmless against any claims, losses, or costs arising from:

7.2.1 The User's breach of these Terms;

7.2.2 Disputes between the User and any Service Provider;

7.2.3 Disputes between the User and any Social Group member.

8. DATA PRIVACY

8.1 The Company shall process the User's personal information strictly for the purposes of providing the Platform services and in compliance with POPIA.

8.2 The User consents to the sharing of necessary data with third-party providers (such as payment gateways) to facilitate the Platform's main functions.

9. GENERAL PROVISIONS

9.1 These Terms constitute the entire agreement between the parties regarding the Beta Version.

9.2 If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

9.3 These Terms are governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the High Court of South Africa.

10. PROTECTION OF PERSONAL INFORMATION (POPIA)

10.1 The Company, acting as a Responsible Party, shall process the User's Personal Information (as defined in the Protection of Personal Information Act, 4 of 2013) strictly for the purposes of providing the Platform services, facilitating Social Group coordination, and improving the Beta Version.

10.2 By accessing the Platform, the User provides voluntary, specific, and informed consent to the collection and processing of their identity, contact, and transaction data.

10.3 The User acknowledges that the Company may disclose necessary Personal Information to:

• 10.3.1 Service Providers, to facilitate the delivery of services selected by the User;

• 10.3.2 Operators, third-party technical infrastructure providers who process data on the Company's behalf under strict confidentiality.

10.4 In accordance with Sections 23 and 24 of POPIA, the User maintains the right to request access to, correction of, or the deletion of their Personal Information held by the Company, subject to statutory record-keeping requirements.

11. ELECTRONIC COMMUNICATION

11.1 In accordance with Section 11 of ECTA, all electronic communications, including notices, disclosures, and agreements sent by the Company to the User, shall satisfy any legal requirement that such communications be in writing.

11.2 The User consents to receive operational communications regarding their account, Social Group activity, and Platform updates via the contact details provided during registration.

12. BETA-SPECIFIC DISCLAIMERS

12.1 The User acknowledges that the Beta Version is a pre-release product. The Platform is provided on an "as-is" basis, without any warranties of any kind, whether express or implied.

12.2 While the Company employs reasonable backup protocols, it does not warrant that data, including contribution records, will not be lost, corrupted, or deleted during the testing phase. Users are encouraged to maintain independent records of group activities.

13. LIMITATION OF LIABILITY

13.1 To the maximum extent permitted by the Consumer Protection Act, 68 of 2008, the Company, its directors, and employees shall not be liable for any direct, indirect, punitive, or consequential loss or damage arising from:

• 13.1.1 Technical malfunctions, bugs, or system downtime;

• 13.1.2 Any unauthorized access to or use of the Company's secure servers;

• 13.1.3 The conduct, fraud, or negligence of any Service Provider or Social Group member.

14. INDEMNITY

14.1 The User hereby indemnifies and holds the Company harmless against all claims, liabilities, and expenses (including legal fees on an attorney-and-client scale) arising from the User's breach of these Terms, misuse of the Platform, or any dispute arising within a Social Group.

15. TERMINATION AND SUSPENSION

15.1 The Company reserves the right to suspend or terminate the User's access to the Platform at any time, for any reason, without notice or compensation.

15.2 Upon termination, the User's right to use the Platform ceases immediately. All provisions of these Terms which by their nature should survive termination shall remain in full force.