By accessing or using our website, www.freshCut.io or our application (freshCut) as a client, or any related platform or application (collectively, “the Platform”), or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by freshCut (Pty) Ltd (“freshCut”). Please note that these are the Terms for use of our mobile application (freshCut) as a client and are distinct from those of our mobile application (freshCut PRO) for barbers.

These Terms explain the terms and conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.

Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.

The terms “user”, “you" and “your” are used interchangeably in these Terms and accordingly refer to anyone using the Platform for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to freshCut or our possession.

What Our Platform Offers

freshCut is a Platform that connects clients and barbers allowing for on-demand barber services in the comfort of your own home or a convenient location as set out in these Terms and any other services available on our Platform (collectively, “Services”). The following shall apply in using our Services:

· Clients can view and request barber services specified on our Platform at the specified price. The fee will indicate the amount of the service fee as well as the amount of the transport fee for the barber. Any request for services through the application will constitute the client’s acceptance of the service fee as well as the transport fee. The transport fee may be a flat fee or calculated based on distance depending on the location and service details. freshCut reserves the right to adjust transport fee structures based on operational factors, promotional offers, or demand.

· When requesting Services, clients and barbers will enter or share their location with our Platform using their mobile devices (whether through Google Location Services or any other service provider). This is to enable us to match clients with nearby barbers. We will need to track your location through your mobile device to confirm that it matches any address provided and for the service to be provided at the correct location. You accordingly consent to sharing your location with us for purposes of us providing the Services. Before requesting a service, the barber’s estimated time of arrival will be indicated on the application.

· The Platform will give nearby barbers the opportunity for a certain amount of time to accept a client request for a particular service and at a particular rate. The order in which requests will be made available to barbers and the time period for acceptance will be determined by us in our sole and absolute discretion. Client locations and profiles will be shared with potential barbers.

· We may, in our sole and absolute discretion and subject to availability, offer clients the option to select their preferred barbers.

· Once a barber has accepted a request, the client and the barber will be able to communicate through our application via text or call.

· The client will be able to track the barber’s location and will receive an estimated time of arrival.

· We may give clients the option to book a service for a scheduled time. Any scheduled time will only be confirmed if confirmation is given through the application.

· Once the barber has arrived, the barber will disinfect their clippers and the necessary accessories in front of the client and the client will confirm that this has taken place through our application. Only thereafter will the barber perform the specified service(s) for the client.

· We may track the duration of any services provided.

· Once the service is complete, the barber shall collect and remove the hair and other waste produced in rendering the services from the client’s location. Client shall confirm through our application that this is complete and thereafter the service shall be complete.

· A client may order more than one service at a time and such service may be for other persons (including persons under the age of 18, provided that such client is or has the consent of the parent or lawful guardian of such person under the age of 18 to provide the services subject to these Terms and our privacy policy) at the same location as the client. These Terms (including, without limitation, all disclaimers, indemnities and limitations of liability herein) shall apply in respect of such persons. By accepting the service, such person agrees to these Terms. The client through whose profile such services were ordered shall remain exclusively liable for all fees in respect of such services.

· The Platform allows clients to review the service provided by the relevant barber and allowing all users to view ratings.

· Please note that all services may only be booked through our mobile applications and not through our website or other channels.

· The Platform includes a store from which barbers may order and purchase clippers, accessories and related haircutting equipment.

· We note that our service is available at any time although demand, availability and service charges may vary at different times.

Service Disclaimer

We do not and cannot guarantee that any service request will be accepted at all. We expressly disclaim any liability or responsibility for the outcome of any service request by means of the Services or the Platform. Service availability is subject to geographic limitations, barber availability and market conditions.

The Services may include content provided by third parties. We do not control or endorse such content and are not responsible for the accuracy, completeness or reliability of third-party content. Clients must practice their own discretion in assessing the authenticity or accuracy of any images or content shared or posted on the Platform by any barber and we do not make any warranty or accept any liability in respect of any such content.

We are not liable for any damage, loss, damage to property, death or injuries caused by or to any client, barber or user of the Platform or the Services or in any manner arising out of or in connection with the use of our Services. Without prejudice to the foregoing, please inform us of any injury or property damage immediately as we will make reasonable attempts to address any complaints and assist in resolving disputes. If you believe you have left an item with a barber, please contact us directly. While we will attempt to assist you in recovering lost items where possible, we do not guarantee the recovery or return of lost items.

The Services and any products sold hereunder are provided "as is" and "as available." We disclaim all representations and warranties, express, implied or statutory, not expressly set out in these Terms. In no event will we be liable for any indirect, incidental, special, exemplary or consequential damages arising out of or in connection with your use of the Services or any products. You agree to indemnify and hold us harmless from any claims, losses, liabilities and expenses arising out of your use of the Services, any products or any violation of these Terms.

Creating a Profile: To join the Platform and/or make use of certain of the Services, we require you to create a profile with us. We ask you to provide us with all the requested information in the on-boarding process.

Client Information Required: Clients will be required to submit at least the following information:

· Name and surname

· Email address

· Mobile contact number (we may send you a One Time PIN for verification)

· Username and password

· A recent profile picture

Vetting of Information: To be eligible to join the Platform, we may request you to provide us with additional information and/or documents.

Accurate Information: When signing up to and/or making use of our Platform you agree to provide accurate, current, and complete information and to update this information as and when it changes. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your profile and information. Please update your information yourself through your profile or contact us to view or change your personal information provided.

Warranty: By sharing your personal information with us, you warrant that the person using the Platform is you or you have the authority to act on behalf of a juristic entity. You are responsible for the information you provide, and all the actions taken on the Platform. Please see our Privacy Policy for more details on how we use and process personal information.

Unlawful Access: Please let us know if you have reason to believe that your profile is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorised charges to your account.

Free Use: You are welcome to browse our Platform for free after creating a profile. Free access means that you will have limited access to features and functions of the Platform and will not be able to use any barber services.

Client Fees: All client service fees and transport fees for specified services shall be displayed on our application and accepted by client when accepting any service. All fees shall be inclusive of any applicable VAT and taxes required by law unless otherwise indicated. No fees shall be paid in cash. All fees shall be paid by the client using our approved payment gateway as soon as a barber accepts the client’s service request. Fees are subject to change at any time.

Secure Payments: We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology as operated by our authenticated payment service provider. In this regard, the terms and policies of the payment service provider will apply to you when you use their services.

Limitation: Your right to use our Platform is subject to any limits we or your credit card issuer may establish. If payment cannot be charged to your payment card or a charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate an order placed.

Promotional Offers: We may, from time to time, in our sole and absolute discretion, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar products/services or the option of receiving complimentary products/services with your order. You agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of our Services/Platform or the fee/s applicable to you. Such offers are subject to specific terms, are non-transferable and may expire.

Invoices: You will receive an invoice for any payments made which will also be available in your profile.

Cancellations & Refunds: All fees are non-refundable save as set out below. The following shall apply in the event of cancellation:

· Should the client cancel any accepted service which has not yet commenced, and should the barber not yet have departed their location or ordered any transport, the service fee as well as the transport fee will be refunded to the client.

· Should the client cancel any accepted service which has not yet commenced, but should the barber have departed their location or ordered any transport, the client shall remain liable for the transport fee but the service fee will be refunded to the client.

· Should the client cancel any accepted barber service once the service has commenced (i.e. once the barber commences disinfecting their clippers at the client’s location) but before cutting commences, the client shall remain liable for 50% of the service fee as well as the transport fee and the remaining 50% shall be refunded.

· Should the client cancel any accepted barber service after cutting commences, the client shall remain liable for the full service fee as well as the transport fee and no fee shall be refunded.

· Should the client fail to meet the barber at the location to which the services were ordered and be available for the services to be performed within 30 minutes of the barber’s arrival (or the scheduled time, if any), the barber shall be entitled to cancel the booking and the client shall remain liable for 50% of the service fee as well as the transport fee and the remaining 50% shall be refunded.

· Should the barber cancel any accepted service at any time before it is completed, the transport fee and service fee for such service shall be refunded. The client can then rebook the service through the application.

· In the event that the barber arrives more than 45 minutes later than the initial estimated time of arrival or any confirmed scheduled time of arrival and the client wishes to cancel, the service fee as well as the transport fee will be refunded.

· In the event that any client is unsatisfied with a barber’s service, the client may submit a complaint together with all relevant details and photos using the application. We may, in our sole and absolute discretion, refund all or part of the service and/or transport fees to the client.

· Refunds may not be instant and may require a reasonable processing time period.

· Clients may update a service request that has already been ordered but if the service has not yet commenced provided that the barber offers the new service requested. The service fees will be updated accordingly.

Platform Warranties: by using the Platform and/or the Services, you warrant that -

· you have read and agreed to these Terms and will use the Platform and Services in accordance with them;

· you have not made any misrepresentations and the information provided in the registration process and/or during the use of the Platform about you, your company and/or your status is true, accurate and complete in every aspect;

· you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;

· you lawfully possess and submit all information to freshCut for the use of the Platform and the Services and hereby indemnify freshCut against any third-party claims that may arise due to the processing of the information shared by you with freshCut;

· where you use our Services on behalf of your company or organisation, you warrant that you have the authority and consent to sign-up to our Platform and share personal information with us and indemnify freshCut against any third-party claims that may arise in respect the sharing of personal information;

· you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform;

· you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;

· you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that you do not own or do not have the right to publish or distribute;

· you will not use the Platform for any commercial purpose other than as expressly provided for by freshCut herein;

· you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or

· you will not facilitate or assist any third party to do any of the above,

failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing freshCut to manifest all of our rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority or instituting legal proceedings against you.

Connected Devices: The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform. We do not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device or at any given time.

Access to Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform where we believe (in our sole reasonable discretion) that you are in breach of any of these Terms.

In addition to the other provisions of these Terms, the client shall:

· Comply with all applicable laws and regulations in receiving the services and performing hereunder.

· Ensure that the location to which the service is ordered is clean, safe and has access to lighting and electricity.

· Ensure that they are timeously available to meet the barber when they arrive at the location and that they are ready to receive the services.

The barbers providing services through our Platform do so as independent contractors and not as employees, agents or representatives of freshCut. Nothing in these Terms shall be construed as creating an employment relationship between freshCut (or any client) and any barber.

We do not control or supervise the manner in which barbers perform their services and merely facilitate connections between clients and barbers. We shall not be liable for any acts, omissions or representations of barbers in the course of providing services to clients.

We are committed to providing convenient and sustainable grooming services that benefit our clients and the environment. Our approach to sustainability focuses on responsible waste management in accordance with any applicable laws and maintaining hygiene standards.

We recognise that proper hair disposal is essential to minimising our environmental impact. We partner with barbers who adhere to environmentally friendly practices, ensuring that hair waste is disposed of responsibly. Hair can be repurposed for various eco-friendly uses, such as composting or creating natural filters, reducing landfill waste and contributing to a cleaner planet. We encourage our barbers to explore these options and participate in local recycling initiatives.

Barbers are responsible for sanitising and disinfecting all clippers and equipment in accordance with our standards communicated to them from time to time, as well as any applicable health and safety regulations. They are also responsible for disposing of all hair and other waste generated in rendering a service in accordance with our standards communicated to them from time to time. Notwithstanding anything else herein, in the event that a client wishes to retain or dispose of their own hair, they shall be entitled to do so.

Haircuts and grooming services booked through freshCut will be performed at the location chosen solely by the customer, which may include the customer’s home, workplace, or any other address provided by the customer (“Service Location”). Neither freshCut nor the barber verifies, approves, or controls the suitability, safety, or hygiene of the Service Location. The customer is solely responsible for selecting a Service Location that is safe and suitable for performing hair services. The customer is responsible for arranging access to the Service Location and ensuring that services can be performed without breaching any property rules, laws, or third-party rights. freshCut and the barber accept no liability for any injury, damage, or loss arising from conditions at the Service Location.

Maintaining hygiene standards is crucial for customer safety and well-being. The Platform empowers clients to confirm that their barber has sanitised their clippers before beginning any service. This step is essential in maintaining hygiene standards and preventing the spread of infections. By promoting strict hygiene practices, we not only protect the safety and satisfaction of our clients but also support the longevity of equipment, reducing the need for frequent replacements and contributing to sustainability.

Through these efforts, we deliver cutting-edge convenience while upholding our responsibility to the environment and the communities we serve.

We prioritise our client’s and barber’s safety and peace of mind. Our commitment to safety includes the following measures:

· Thorough Background Checks for Barbers: Every barber on our Platform undergoes a comprehensive background check before their first appointment.

· Protection of Personal Information: We are committed to safeguarding your privacy. Your personal details remain confidential and are securely stored. Please see our Privacy Policy for more information in this regard.

· In-App Communication: To protect your privacy, all communication between you and your barber is facilitated through our applications.

· Safety Protocols: Our barbers adhere to health guidelines to ensure a clean and safe haircut experience. This includes disinfecting equipment before each appointment and practising proper hygiene.

· Customer Feedback and Ratings: We value your feedback. After each appointment, you can rate your barber and provide feedback, helping us maintain a high standard of service across our Platform.

· Secure Payment System: Transactions are processed securely within the applications, eliminating the need for cash handling and protecting your financial information.

· 24/7 Customer Support: Our dedicated support team is available 24/7 to assist with any questions or concerns.

We will store and process all data you provide to us when signing up to our Services and through your account when using the Services, in accordance with applicable data protection legislation (including the Protection of Personal Information Act 4 of 2013 (“POPIA”)) and our Privacy Policy.

You hereby grant us the right to use and process your data as a responsible party and/or an operator (as defined under POPIA) for the purpose of providing our Services to you. We will process, store and maintain your data for such period of time necessary to provide our Services to you as our customer.

Please see our Privacy Policy for more information on how we process personal data. By accepting these Terms, you hereby agree to our Privacy Policy.

Relationship Between the Parties - The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.

Force Majeure - If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned.

Change Without Notice - The Platform and these Terms are subject to change by us without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

Entire Agreement - This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above (“Change Without Notice”), no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.

No Indulgence - No indulgence, leniency or extension of time granted by freshCut shall constitute a waiver of any of freshCut’s rights under these Terms and, accordingly, freshCut shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against any user which may have arisen in the past or which might arise in the future.

Importation of Words - Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.

Headings as Reference - The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

Governing Law - Your access and/or use of the Platform and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Failure to Pay - In the event of a user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by freshCut in relation to the payment failure or breach.

Severability - Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

Prohibited Provision - No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the “Severability” provisions above.

Third Party Benefits - Third parties may accept and enforce the benefits of these Terms to the extent expressly provided, but only with the written consent of freshCut. Nothing in these Terms grants any other rights to third parties beyond those explicitly stated.

Data Messages between You and freshCut

Data messages, including email messages, you send to us will be considered as received only when we acknowledge or respond to these messages.

Data messages we send to you will be regarded as received when the data message enters your email/data message sever inbox and is capable of being retrieved and processed by you.

We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.

Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.

By creating a profile on our Platform, you agree that we may send you informational text (SMS) messages as part of the normal business operation of your use of the services. You may opt-out of receiving text (SMS) messages at any time by following the directions provided in the message.

Hyperlinks, Deep Links, Framing

The Platform may include links to other websites ("other sites"). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.

We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.

Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.

Advertising and Sponsorship

The Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform complies with all applicable laws and regulations. freshCut, its shareholders, directors, employees, suppliers, partners, affiliates, and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

Platform IP: All platforms, applications, website layout, website content, material, illustrations, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by freshCut, our shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. If you believe that any content on our Platform infringes your copyright, please notify us promptly.

User submitted IP: All rights to any intellectual property you provide to us will remain with you, but for which you have provided us with a worldwide, irrevocable, royalty-free, non-exclusive, non-transferable licence to use such intellectual property to provide you with our Services including the use of our Platform.

No Modification of IP: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, (or attempt to reverse engineer or extract the same) without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.

Updates: We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform/Services, or to suspend or terminate the Platform, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).

Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.

User License: Subject to adherence to the Terms, we grant to you a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any machine of which you are the primary user. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.

Disclaimers

The Platform and Services, including intellectual property appearing therein, are provided "as is" and "as available". We make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform or the Services.

All content, information, and/or opinions of users made available on the Platform in relation to any of the Services are those of the authors and not freshCut. While we make every reasonable effort to present such information accurately and reliably on the Platform we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information on the Platform.

freshCut, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Platform and/or transactions or actions resulting therefrom or from the Services offered or from any interaction or transactions between users, clients and/or barbers.

freshCut, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the Services, and/or access to, or use of, the Platform in any manner whatsoever or from any interaction or transactions between users, clients and/or barbers.

We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform offline. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform remains solely at your own risk, and you should take your own precautions accordingly.

Indemnities

You indemnify and hold harmless freshCut, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Platform and/or Services offered or transactions concluded through the Platform in any way.

You agree to indemnify, defend, and hold freshCut, its shareholders, employees and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your breach of any of these Terms.

This clause will survive termination of these Terms.

Disputes between you and freshCut

Negotiation - Should any dispute, disagreement or claim arise between you and freshCut concerning the use of the Platform or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

Mediation - Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.

Arbitration - If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by freshCut, except for claims that may be brought in small claims court if they qualify. Such arbitration shall take place in English and in Johannesburg.

Jurisdiction - Notwithstanding the above, both parties' consent to the jurisdiction of an appropriate South African court for urgent or interim relief pending the outcome of such arbitration. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

No publication - The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

Disputes between Users

Private Dispute: Should a dispute arise between users and//or between any client(s) and/or barber(s), said dispute is between these parties exclusively. freshCut is not responsible for fulfilling any function in any way or engaging in the dispute in any way.

Beneficial Resolution: The users agree that they will resolve their dispute in a manner that is mutually agreeable and for the attempted benefit of both parties.

Notification: Notwithstanding the above, these parties must inform freshCut of the dispute for freshCut to log the issues experienced, and to try assist both parties in whatever way it deems fit but is under no obligation to do so.

IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR PLATFORM/SERVICES IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.

If you wish to terminate your agreement with us and these Terms, you may do so by closing your account and ending use of our Platform. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.

In the event of termination of your agreement with these Terms we will remove you from the Platform and delete your profile.

You can ask to delete your account from the Platform at any time.

Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

· in the case of freshCut, at legal@freshCut.io; or

· in the case of the user, at the e-mail address, cell phone number, and/or physical address provided when registering with us.

Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) calendar days after service of the notice in question.

Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

· Site owner: freshCut (Pty) Ltd

· Legal status: Private Company

· Registration number: 2023/252283/07

· Description of business: A platform connecting clients with barbers enabling on-demand haircut services at a chosen location.

· Platform address: www.freshCut.io

· Email address: info@freshCut.io

· Registered address: 75 Poplar Road, Blue Hills, Midrand, Gauteng, 1686

· Postal address: 75 Poplar Road, Blue Hills, Midrand, Gauteng, 1686