Terms & Conditions

Welcome to Supanect, a platform operated under Pocketfind (RF) Pty Ltd, connecting users with diverse services designed to enhance convenience and lifestyle. By using the Supanect application ("the App"), you consent to be bound by these Terms and Conditions (T&Cs). Please review them carefully, as they govern your use of the App. If you do not agree, refrain from using the App.

PART 1: THE LEGAL FOUNDATION

1. INTRODUCTION AND CORPORATE STRUCTURE

1.1 The Relationship: Pocketfind (RF) Pty Ltd (The Company) and Supanect (The Platform)

• 1.1.1 Identification of the Parties: This Agreement is entered into between you (the “User,” “Merchant,” or “Consumer”) and Pocketfind (RF) Proprietary Limited, a private company duly incorporated in the Republic of South Africa with registration number 2017/380800/07 (hereinafter referred to as “the Company”).

• 1.1.2 The Platform Service: The Company is the sole owner and operator of the digital ecosystem, brand, and service suite known as Supanect (hereinafter referred to as “the Platform”). This includes the mobile applications, the "Explore Nearby" service, and the websites located at www.supanect.com and www.pocketfind.co.za.

• 1.1.3 Legal Nexus: While your day-to-day interactions occur through the Platform interface, your legal and contractual relationship is held exclusively with the Company. Any reference to "we," "us," or "our" within these Terms refers to the Company.

• 1.1.4 Authorized Representatives: You may interact with employees or agents of the Company, such as Ambassadors or Operations Administrators. You acknowledge that these individuals act on behalf of the Company, and their interactions with you are governed by the frameworks set out in these Terms.

1.2 Purpose of the Terms and Conditions

• 1.2.1 Binding Agreement: The purpose of these Terms is to establish a clear, legally binding framework that governs your access to and use of the Platform. By registering an account or using any aspect of the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

• 1.2.2 Marketplace Governance: These Terms clarify the Company’s role as a technological facilitator. The Platform provides the infrastructure to connect Consumers with Merchants; however, the Company is not a party to the underlying service contracts between Users, nor does it act as an employer of the Merchants.

• 1.2.3 Operational Integrity: This document ensures that all users operate within the boundaries defined by the Company’s internal Standard Operating Procedures (SOPs) regarding safety, verification, and financial reconciliation.

• 1.2.4 Regulatory Alignment: These Terms serve to ensure that the relationship between the Company and the User is compliant with South African statutory requirements, including the Electronic Communications and Transactions Act (ECTA), the Consumer Protection Act (CPA), and the Protection of Personal Information Act (POPIA).

1.3 Electronic Contracting and ECTA Compliance

• 1.3.1 Consent to Electronic Transactions: In accordance with the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”), you hereby agree that all transactions, agreements, and communications between you and the Company may be conducted electronically.

• 1.3.2 Legal Validity of "Click-to-Accept": You acknowledge that by clicking “I Agree,” “Sign Up,” “Register,” or by simply continuing to use the Platform, you are providing your electronic signature. This action constitutes a binding legal acceptance of these Terms with the same force and effect as a handwritten signature.

• 1.3.3 Formation of Contract: A legally binding contract is deemed to have been concluded between you and the Company at the moment your electronic acceptance is received by the Platform’s servers. For legal purposes, the location of the contract’s conclusion is deemed to be the registered office of the Company in the Republic of South Africa.

• 1.3.4 Section 43 Disclosures: In compliance with Section 43 of ECTA, the Company maintains a dedicated "Compliance" page on www.pocketfind.co.za containing our full registered name, physical address, office bearers, and contact details. This information is incorporated into these Terms by reference.

1.4 Authority to Use and Access the Platform

• 1.4.1 Minimum Age and Capacity: Use of the Platform is strictly limited to natural persons who are at least 18 years of age and possess the full legal capacity to enter into binding contracts. By accessing the Platform, you warrant that you meet these requirements.

• 1.4.2 Corporate Authority: If you are accessing the Platform on behalf of a business entity (as a Merchant), you represent and warrant that:

  • You are a duly authorized representative with the legal power to bind that entity to these Terms.

  • The entity is validly incorporated and in good standing under the laws of South Africa.

• 1.4.3 Conditional Grant of Access: The Company grants you a limited, non-exclusive, and revocable license to use the Platform. This access is not a right, but a privilege that is strictly conditional upon:

  • Your ongoing compliance with these Terms.

  • The successful completion of the FICA/KYC and SAPS verification protocols as defined in our Operations and Governance SOPs.

• 1.4.4 Right to Terminate Access: The Company reserves the absolute right to refuse service, terminate accounts, or remove/edit content at its sole discretion if it determines that a User has provided false information, violated safety protocols, or poses a risk to the Platform’s integrity.

2. DEFINED TERMS

2.1 Unified Glossary

In these Terms, unless the context clearly indicates a contrary intention, the following words and phrases shall have the meanings assigned to them below:

• 2.1.1 “The Platform” refers to the suite of digital products, applications, and websites owned and operated by the Company, including but not limited to the Supanect mobile applications, the "Explore Nearby" service, and the web domains www.supanect.com and www.pocketfind.co.za. It encompasses all underlying code, proprietary trade icons, and matching algorithms.

• 2.1.2 “Merchant” (also referred to as "Service Provider") means any legally registered business entity or verified individual professional that has successfully completed the Company’s onboarding and verification process to offer services, products, or logistics via the Platform.

• 2.1.3 “Consumer” means any natural person or legal entity that registers an account on the Platform for the purpose of discovering, booking, or purchasing services or products offered by Merchants.

• 2.1.4 “Booking” means a digital transaction or service request initiated by a Consumer and accepted by a Merchant through the Platform’s interface. A Booking constitutes a direct agreement between the Consumer and the Merchant for the performance of a specific task or delivery.

• 2.1.5 “Commission” means the percentage-based fee retained by the Company from the total value of a completed Booking. This fee is charged to the Merchant in exchange for the Platform’s facilitation, lead generation, and secure payment processing services.

• 2.1.6 “Subscription” means the recurring fixed fee payable by a Merchant to the Company to maintain an active and visible profile on the Platform. This includes the introductory "Founders Launch" rate (R1 per day/R30 per month) and any subsequent standard rates implemented by the Company after the promotional period.

2.2 Interpretation Guidelines

To ensure consistency and prevent ambiguity in the event of a dispute, the following rules of interpretation apply to these Terms:

• 2.2.1 Gender and Number: Any reference to one gender shall include the other genders. Words importing the singular shall include the plural and vice versa.

• 2.2.2 Natural and Legal Persons: References to a “person” include natural persons, companies, close corporations, trusts, and any other unincorporated associations or bodies of persons.

• 2.2.3 Headings: Section and sub-section headings are inserted for convenience and reference purposes only; they do not form part of the legal substance of the Terms and shall not be used to limit or interpret the clauses.

• 2.2.4 Days and Time: References to "days" shall mean calendar days unless "business days" (Monday through Friday, excluding South African public holidays) are explicitly specified. All times referred to are South African Standard Time (SAST).

• 2.2.5 Statutory References: Any reference to a specific law (e.g., POPIA, ECTA, or FICA) refers to that statute as of the current date, including any regulations, amendments, or replacements issued by the South African government.

• 2.2.6 Contra Proferentem Rule: These Terms shall not be interpreted against the Company merely because the Company was responsible for the drafting of the document. Both the Company and the User acknowledge they have the opportunity to seek independent legal advice before acceptance.

3. ACCOUNT LIFECYCLE AND SECURITY

3.1 Eligibility and Legal Capacity

• 3.1.1 Minimum Age and Legal Standing: The Platform is intended for use only by persons who are at least 18 years of age and who possess the full legal capacity to enter into binding contracts under the laws of the Republic of South Africa. By using the Platform, you warrant that you meet these criteria.

• 3.1.2 Merchant Eligibility: To register as a Merchant, you must be a legally recognized business entity (Company, CC, or Trust) or a verified Sole Proprietor. You represent that you are not barred from providing your specific services by any regulatory body, court order, or statutory restriction.

• 3.1.3 Verification Prerequisites (SOP Alignment): In accordance with the Governance and Operations SOPs, eligibility for "Active" status on the Platform is strictly conditional upon:

  • Successful completion of FICA/KYC identity and banking verification.

  • Submission of a valid SAPS Criminal Record Clearance (where applicable to the service category).

  • Validation of professional certifications and COIDA compliance for relevant trades.

• 3.1.4 Geographical Restriction: While the Company’s vision is global, the current iteration of the Platform is optimized for the South African regulatory environment. Access from jurisdictions where the Platform’s content or services are prohibited is strictly forbidden.

3.2 Registration and Credential Confidentiality

• 3.2.1 Accuracy of Profile Data: During the registration process, you agree to provide information that is accurate, current, and complete. You are prohibited from using "ghost" profiles, aliases, or the identity of another person or business.

• 3.2.2 Single Account Policy: Unless explicitly authorized by the Company in writing, each User (Consumer or Merchant) is permitted only one (1) active account. Duplicate accounts created to circumvent Platform rules or to exploit the "Founders Launch" discount will be terminated immediately.

• 3.2.3 Confidentiality of Credentials: You are solely responsible for maintaining the confidentiality of your login credentials (username, password, and any multi-factor authentication tokens). You agree not to share these credentials with any third party, including unauthorized employees or external agents.

• 3.2.4 Liability for Account Activity: Any action taken through your account (including Bookings made or Services accepted) is legally deemed to be an action taken by you. The Company shall not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to secure your credentials.

• 3.2.5 Immediate Notification of Breach: You must immediately notify the Company via the official support channels at www.pocketfind.co.za if you suspect your account has been compromised or if there has been any unauthorized use of your credentials.

3.3 Accuracy of Information and Profile Maintenance

• 3.3.1 Continuous Duty of Accuracy: You represent and warrant that all information provided to the Company—including legal names, South African ID numbers, business registration details, and professional certifications—is true and correct. You have a continuous legal duty to ensure this information remains accurate for the duration of your account's existence.

• 3.3.2 Mandatory Update Window: You must update your profile information within forty-eight (48) hours of any material change. This includes, but is not limited to:

  • Changes to physical or business addresses (essential for the Platform’s geolocation accuracy).

  • Expiry or suspension of a professional license or trade certification.

  • Changes to banking details used for Paystack payouts.

• 3.3.3 Verification Audits: In alignment with the Governance SOP, the Company reserves the right to conduct periodic audits of User profiles. We may request updated documentation (such as a fresh SAPS clearance or a valid Tax Clearance Certificate) at any time.

• 3.3.4 Consequences of Fraudulent Data: Providing false, misleading, or "ghost" data is a material breach of these Terms. If the Company determines that a profile contains fraudulent information, we reserve the right to:

  • Permanently deactivate the account and all associated sub-accounts.

  • Forfeit any accrued Supabacks or pending rewards.

  • Report the incident to relevant South African regulatory or law enforcement authorities.

3.4 Authorized Representatives (Interactions with Company Staff/Ambassadors)

• 3.4.1 Identification of Personnel: You may be contacted or onboarded by authorized representatives of the Company, including those designated as "Community Ambassadors”, “Growth Ambassadors," "Marketing Ambassadors," or "Field Agents."

• 3.4.2 Limits of Authority: While these representatives are authorized to facilitate onboarding and provide Platform training, they do not have the legal authority to:

  • Orally waive, modify, or contradict any provision of these Master Terms.

  • Accept cash payments for Subscriptions or Commissions (all financial transactions must be processed through the secure Platform gateway).

  • Guarantee "Verified" status, as final approval is strictly reserved for the Company’s central Operations Administrators.

• 3.4.3 Verification of Identity: For your security, you are encouraged to verify the identity of any individual claiming to represent the Company. Official representatives will communicate via an authorized @supanect.com or @pocketfind.co.za email address and will carry official digital or physical identification.

• 3.4.4 Supremacy of the Terms: Any statement made by an Ambassador or staff member that conflicts with these Master Terms is superseded by this document. You acknowledge that you rely on the written Terms as the final authority on the rules of the Platform.

PART 2: VERIFICATION AND COMPLIANCE (THE "SOP" LAYER)

4. MERCHANT ONBOARDING AND MANDATORY VERIFICATION

4.1 FICA and KYC Documentation Requirements

• 4.1.1 Statutory Obligation: In accordance with the Financial Intelligence Centre Act, 38 of 2001 ("FICA"), and to maintain the integrity of the South African financial system, all Merchants must undergo "Know Your Customer" (KYC) verification.

• 4.1.2 Mandatory Documentation: To activate a Merchant profile and enable payouts, you must provide the Company with:

  • Proof of Identity: A valid South African Green Barcoded ID, Smart ID Card, or Passport.

  • Proof of Address: A utility bill or bank statement (not older than 3 months) reflecting the physical location of the business or individual.

  • Banking Validation: An official bank account confirmation letter (not older than 3 months). The account holder’s name must exactly match the registered Merchant or Business name to ensure secure disbursements via Paystack.

• 4.1.3 Right to Third-Party Validation: You grant the Company the express right to share this documentation with authorized third-party verification vendors to confirm the authenticity of the records provided.

• 4.1.4 Failure to Comply: If FICA/KYC documentation is found to be expired, forged, or incomplete, the Company will automatically withhold all pending payouts and suspend the Merchant’s visibility on the Platform.

4.2 Professional Credentials (Licenses, Certifications, and SAPS Clearance)

• 4.2.1 Trade and Professional Licensing: Merchants offering specialized services (e.g., Electrical, Plumbing, Pest Control) must submit proof of active registration with relevant South African regulatory bodies (such as the ECB or PIRB).

• 4.2.2 SAPS Criminal Record Clearance: To ensure the safety of the Supanect community—particularly for services involving home entry or ride-hailing—Merchants and their designated staff must provide a valid South African Police Service (SAPS) Clearance Certificate.

  • This certificate must be renewed annually or upon the Company's request.

  • Profiles failing to provide a clean clearance record for high-risk categories will be denied access to those specific service leads.

• 4.2.3 Accuracy of Skills Claims: Any "Skill" or "Service" badge displayed on a Merchant profile must be supported by a recognized trade certificate or diploma. The Company reserves the right to audit these claims against the original issuing institutions.

• 4.2.4 Verified Status (SOP Benchmark): In alignment with Operations SOP, a Merchant profile will only attain "Verified" status once all documents in this Section 4 have been manually reviewed and approved by the Company’s Operations team. A "Verified" badge is a privilege and may be revoked if any credential expires or is found to be fraudulent.

4.3 Proof of Insurance and COIDA Compliance

• 4.3.1 Mandatory Liability Coverage: To protect the interests of all parties, the Company requires Merchants in high-risk categories (including but not limited to construction, electrical, plumbing, and delivery services) to maintain active Public Liability Insurance. Proof of such insurance must be uploaded during onboarding and kept current.

• 4.3.2 COIDA Compliance: In accordance with the Governance SOP, all Merchants who employ staff must provide proof of registration and good standing with the Compensation Commissioner under the Compensation for Occupational Injuries and Diseases Act (COIDA).

  • This ensures that in the event of a workplace injury on a Consumer’s premises, the legal and financial protections of the Act are in place.

  • Failure to maintain COIDA standing will result in an immediate "High-Risk" flag and suspension of the Merchant's profile.

• 4.3.3 Indemnity Gap: The Company is not an insurer. While we mandate these documents for Platform integrity, the Merchant remains solely responsible for ensuring their coverage is adequate for the specific scope of work they undertake. The Company’s verification of a document is an administrative check of existence, not a legal guarantee of policy adequacy.

4.4 Verification Tiers and Feature Access

• 4.4.1 The Tiered Ecosystem: To balance rapid growth with community safety, the Platform operates on a tiered access model. A User’s "Tier" is determined by the depth of documentation provided and verified by the Company's Operations team.

• 4.4.2 Tier 1: Registered (Limited Access):

  • Status: Basic email and mobile verification complete.

  • Access: Consumers may browse listings; Merchants may set up a profile draft but cannot appear in "Explore Nearby" results or accept Bookings.

• 4.4.3 Tier 2: FICA/KYC Validated:

  • Status: ID and Bank details verified via the Finance SOP protocols.

  • Access: Merchants may accept basic service requests and receive payments. Professional trade badges remain "Pending."

• 4.4.4 Tier 3: Fully Verified (Professional):

  • Status: All Section 4.1 through 4.3 requirements met (SAPS clearance, Trade Licenses, COIDA, and Insurance).

  • Access: Full visibility in premium search results, eligibility for high-value corporate contracts, and a "Verified Professional" badge displayed on the profile.

• 4.4.5 Dynamic Downgrading: In alignment with the Operations SOP, verification is a continuous state. If a document expires (e.g., an insurance policy or SAPS clearance), the Platform’s CRM will automatically downgrade the Merchant’s Tier, restricting access to features until a valid replacement is uploaded and approved by the Company.

5. DATA PRIVACY AND POPIA COMPLIANCE

5.1 Consent to Collect and Process Personal Information

• 5.1.1 Voluntary Disclosure: By registering an account and using the Platform, you provide your express, voluntary, and informed consent for the Company (as the Responsible Party) to collect, use, and process your Personal Information as defined in POPIA.

• 5.1.2 Scope of Collection: We collect information that is necessary for the functionality of the Supanect ecosystem, including but not limited to:

  • Identifying Data: Full names, South African ID or Passport numbers, and business registration details.

  • Contact Data: Email addresses, verified mobile numbers, and physical/GPS addresses.

  • Financial Data: Bank account confirmation letters and transaction history (processed securely via Paystack).

  • Professional Data: Trade certificates, SAPS clearance status, and insurance policy details.

• 5.1.3 Third-Party Processors (Operators): You acknowledge and consent to the Company sharing your information with authorized "Operators" who perform essential functions on our behalf. These include:

  • Payment Gateways (Paystack): To facilitate secure merchant payouts and consumer payments.

  • Verification Vendors: To validate FICA, KYC, and criminal record status.

  • Cloud Infrastructure Providers: To host and secure Platform data within encrypted environments.

• 5.1.4 Consent for Minors: The Platform is not intended for use by persons under the age of 18. We do not knowingly collect personal information from children. Any account found to belong to a minor will be deleted immediately.

5.2 Purpose-Specific Data Usage

In accordance with the Governance SOP and the principle of "Minimality," the Company processes your data only for specific, defined purposes:

• 5.2.1 Verification and Safety (The "Trust" Layer): Your identifying and professional data is used to conduct mandatory FICA/KYC checks and SAPS background screenings. This ensures that only verified, legitimate entities operate within the "Explore Nearby" ecosystem, protecting the community from fraud and safety risks.

• 5.2.2 Financial Fulfillment (The "Payout" Layer): Your banking and transaction data is used exclusively to facilitate the collection of service fees, the retention of Platform commissions, and the secure distribution of payouts to Merchants. As per the Finance SOP, this data is audited regularly to ensure 100% reconciliation accuracy.

• 5.2.3 Logistics and Real-Time Tracking (The "Operational" Layer): For the duration of an active Booking, the Platform processes GPS/Geolocation data to:

  • Allow Consumers to track the arrival of a Service Provider.

  • Enable Merchants to navigate to job sites.

  • Provide a safety record of the transaction.

  • Note: Real-time tracking is automatically disabled once a job is marked as "Completed" or "Cancelled" in the app.

• 5.2.4 Communication and Marketing: We use your contact details to send operational updates (e.g., booking confirmations, verification status) and, where you have opted in, promotional material regarding Supabacks or "Founders Launch" updates. You may opt out of marketing communications at any time via your account settings.

5.3 Data Subject Rights (Access, Correction, Deletion)

• 5.3.1 Your Rights under POPIA: As a User of the Platform, you possess specific rights regarding your Personal Information. The Company is committed to facilitating these rights through our official "Legal Hub" at www.pocketfind.co.za.

• 5.3.2 Right of Access: You have the right to request a record of the personal information we hold about you.

  • Request Process: Requests must be submitted via the "Data Subject Request" (DSR) form available on our corporate website.

  • Verification: To protect your privacy, the Company will require proof of identity before releasing any records.

• 5.3.3 Right to Correction: You are entitled to request the correction or update of any personal information that is inaccurate, irrelevant, excessive, or out of date.

  • Merchant Responsibility: As per Section 3.3 of these Terms, Merchants have an ongoing duty to maintain the accuracy of their professional credentials and FICA documentation to remain "Verified."

• 5.3.4 Right to Deletion (The "Right to be Forgotten"): You may request the deletion of your personal information.

  • Exceptions: Please note that the Company may decline a deletion request if the data is required for:

    • Compliance with a legal obligation (e.g., FICA records or SARS tax requirements which mandate retention for 5–7 years).

    • The establishment, exercise, or defence of a legal claim.

    • Fulfilling a contract that is still active (e.g., a pending Booking or Payout).

• 5.3.5 Right to Object: You have the right to object to the processing of your personal information for direct marketing purposes at any time.

5.4 Security Safeguards and Breach Notification

• 5.4.1 Integrity and Confidentiality: In alignment with the Governance SOP, the Company implements robust technical and organizational measures to secure the integrity of your data. These include:

  • Encryption: All sensitive data, including FICA documents and payment details, is encrypted both at rest and in transit.

  • Access Control: Internal access to User data is strictly restricted to authorized "Operations Administrators" and "Finance Leads" on a "need-to-know" basis.

  • Secure Payment Processing: No credit card or sensitive banking credentials are stored directly on our servers; these are handled by Paystack, a PCI-DSS Level 1 compliant provider.

• 5.4.2 Infrastructure Resilience: Our security posture is designed to withstand local infrastructure challenges. However, as noted in Section 12, while we strive for 100% data integrity, the Company is not liable for localized hardware failures on the User’s side due to power instability.

• 5.4.3 Breach Notification Protocol: In the unlikely event of a data breach where there are reasonable grounds to believe that your personal information has been accessed or acquired by an unauthorized person, the Company will:

  • Notify the Regulator: Inform the South African Information Regulator as soon as reasonably possible.

  • Notify the User: Alert you via your registered email address or mobile number, providing details on the nature of the breach and the steps you should take to protect yourself (e.g., resetting passwords).

• 5.4.4 Continuous Monitoring: As defined in our Technology and Operations SOPs, we conduct regular security audits and vulnerability assessments to ensure our "Cyber-Shield" evolves with emerging threats.

PART 3: THE FINANCIAL MODEL AND LAUNCH PROMOTIONS

6. THE FOUNDERS LAUNCH PROGRAM (INTRODUCTORY PRICING)

6.1 Eligibility for Launch Rates (The "R1 per day" Program)

• 6.1.1 Definition of the Offer: The "Founders Launch" program is a limited-time promotional incentive designed for early-adopter Merchants. Eligible Merchants will be billed at a subsidized rate of R1.00 (one Rand) per day, totaling a fixed Subscription fee of R30.00 (thirty Rand) per month.

• 6.1.2 Eligibility Criteria: To qualify for this rate, a Merchant must:

  • Complete the registration and "Tier 2" verification process during the official Launch Phase (as defined by the Company’s marketing schedule).

  • Maintain an active, "In Good Standing" account status without material breaches of these Terms.

• 6.1.3 Non-Transferability: The Founders Launch rate is tied to the specific legal entity or individual registered at onboarding. It cannot be transferred, sold, or assigned to another business or individual.

• 6.1.4 Single-Account Limitation: As per Section 3.2.2, the Company strictly enforces a "one-discount-per-merchant" policy. Any attempt to create multiple accounts to multiply the benefit of the Founders Launch rate will result in the immediate disqualification of all associated accounts.

6.2 Duration of Promotional Period and 12-Month Term

• 6.2.1 The "6+6" Structure: The Founders Launch Program is structured as a twelve (12) month promotional cycle from the date of the Merchant’s first successful subscription payment:

  • Months 1–6: The Company may, at its sole discretion and as part of specific localized campaigns, offer a "First 6 Months Free" waiver on the R30.00 subscription fee.

  • Months 7–12: The Merchant will be billed the standard Founders Rate of R30.00 per month.

• 6.2.2 Fixed-Term Protection: The Company guarantees that the R30.00 monthly subscription rate will not be increased for the duration of the initial 12-month term, provided the Merchant remains active.

• 6.2.3 Automatic Renewal: Upon the conclusion of the 12-month promotional term, the Merchant’s subscription will automatically renew at the then-current Standard Market Rate, unless the Merchant provides written notice of cancellation or the Company extends the promotion.

• 6.2.4 Termination of Promotion: If a Merchant’s account is suspended or terminated for a breach of Platform rules (e.g., failed SAPS clearance or fraudulent activity) during the promotional period, the Merchant forfeits any remaining discounted months. Re-activation will be subject to the Standard Market Rates.

6.3 Transition to Standard Fees and Sunset Clauses

• 6.3.1 Promotional Expiry (The "Sunset" Clause): The "Founders Launch" rate is a non-permanent promotional incentive. At the conclusion of the initial twelve (12) month term defined in Section 6.2, the Merchant’s account will automatically transition to the Standard Subscription Fee then in effect.

• 6.3.2 Notification of Rate Adjustment: The Company shall provide the Merchant with at least thirty (30) calendar days' electronic notice via the Platform or registered email prior to the implementation of the Standard Subscription Fee.

• 6.3.3 Acceptance of New Rates: Continued use of the Platform and payment of the first post-promotional invoice constitutes the Merchant's express acceptance of the new fee structure. If the Merchant does not agree to the Standard Subscription Fee, they must provide notice of cancellation before the expiry of the 30-day notice period.

• 6.3.4 Discretionary Extensions: The Company reserves the right, at its sole and absolute discretion, to extend the "Founders Launch" period for specific high-performing Merchants, strategic partners, or as part of localized "Growth Ambassador" initiatives. Such extensions do not constitute a waiver of the Company’s right to implement standard fees for the broader Merchant base.

6.4 Promotional Program Exclusions

• 6.4.1 Commission Stability: The "Founders Launch" discount applies exclusively to the Monthly Subscription Fee. It does not apply to, or reduce, the percentage-based Transaction Commissions (e.g., the fee retained from each successful job booking), which remain governed by Section 7.2.

• 6.4.2 Third-Party Costs: The promotional rate does not cover external costs incurred by the Merchant, including but not limited to:

  • Paystack transaction or disbursement fees (where applicable).

  • Data usage and internet connectivity costs.

  • Specialized third-party verification fees (e.g., specific SAPS clearance or trade body validation costs).

• 6.4.3 Re-Registration Bar: A Merchant who terminates their account during the "Founders Launch" period and subsequently attempts to re-register after the official Launch Phase has concluded will be ineligible for the promotional rate and will be onboarded at the current Standard Market Rate.

• 6.4.4 Abuse of Promotion: Any Merchant found to be engaging in "churning" (closing and reopening accounts to reset the 12-month clock) or collaborating with others to exploit the R1/day rate will be permanently barred from the Platform, and the Company reserves the right to recover the difference between the promotional and standard rates as liquidated damages.

7. STANDARD FEE STRUCTURE AND PAYMENTS

7.1 Subscription Billing Cycles (Post-Promotion)

• 7.1.1 Recurring Nature of Subscriptions: Following the expiry of any promotional period, the Merchant agrees to pay a recurring Standard Subscription Fee. This fee is charged for the ongoing right to maintain a "Verified" profile, access lead generation through the "Explore Nearby" feature, and utilize the Platform’s secure booking infrastructure.

• 7.1.2 Monthly Billing Cycle: Unless otherwise specified in a custom Enterprise Agreement, the Billing Cycle is a thirty (30) day period starting from the date of the Merchant’s first successful subscription payment.

• 7.1.3 Advance Payment: Subscription fees are payable in advance. Failure to successfully process a subscription payment on the scheduled billing date will result in:

  • Immediate "Hidden" status for the Merchant’s profile.

  • Suspension of the Merchant’s ability to accept new Bookings.

  • Grace Period: A forty-eight (48) hour grace period may be granted, after which the account is moved to "Inactive" status until the arrears are settled.

• 7.1.4 Pro-Rata Adjustments: The Company does not offer pro-rata refunds for mid-month cancellations. If a Merchant cancels their subscription, they will retain Platform access until the end of the current paid-up billing cycle.

7.2 Transaction Commissions (Percentage-based Facilitating Fees)

• 7.2.1 Facilitation Fee Definition: For every successful Booking completed through the Platform, the Company retains a Transaction Commission (the “Commission”). This fee represents the Company’s charge for facilitating the connection, providing real-time tracking, and managing the secure escrow/payment flow.

• 7.2.2 Calculation of Commission: The Commission is calculated as a fixed percentage (as specified in the Merchant’s dashboard at the time of the Booking) of the Total Job Value.

  • "Total Job Value" includes the base service fee and any additional call-out or material costs processed through the Platform.

  • Any tips or "gratuities" paid by the Consumer to the Merchant via the Platform are currently exempt from Commission, unless otherwise stated.

• 7.2.3 Automatic Deduction: By using the Platform, the Merchant grants the Company the irrevocable right to automatically deduct the Commission from the funds collected from the Consumer before the remaining balance is disbursed to the Merchant’s verified bank account.

• 7.2.4 Integrity of the Fee Structure: Merchants are strictly prohibited from artificially inflating their prices to "pass on" the Commission to the Consumer in a manner that exceeds fair market value. The Company reserves the right to audit Merchant pricing to ensure the Platform remains competitive and fair for the community.

7.3 Third-Party Payment Processing via Paystack

• 7.3.1 Role of the Payment Gateway: The Company utilizes Paystack (a PCI-DSS Level 1 compliant service provider) to process all credit card, debit card, and Instant EFT transactions on the Platform.

• 7.3.2 Independent Relationship: By using the Platform, you acknowledge that you may also be subject to Paystack’s own Terms of Service and Privacy Policy. The Company is not responsible for any technical failures, data breaches, or service interruptions occurring within Paystack’s proprietary infrastructure.

• 7.3.3 Security of Financial Data: The Company does not store full credit card numbers or CVV codes on its own servers. All sensitive payment data is tokenized and managed by Paystack to ensure the highest level of security for both Consumers and Merchants.

• 7.3.4 Payment Method Authorization: You authorize the Company (via Paystack) to automatically charge your registered payment method for recurring Subscriptions and to retain Commissions from successful Bookings as defined in Section 7.2.

7.4 Payout Schedules and Reconciliation

• 7.4.1 The "Net Payout" Principle: The Company operates on a "Net Payout" basis. This means the amount disbursed to a Merchant’s bank account is the Total Job Value minus:

  • The Platform Transaction Commission (Section 7.2).

  • Any applicable third-party processing fees (e.g., Paystack’s per-transaction cost).

  • Any VAT or statutory levies required by South African law.

• 7.4.2 Payout Frequency: In alignment with the Finance SOP, funds from completed Bookings are held in a secure clearing account to allow for consumer dispute windows. Payouts are typically processed on a [T+2 to T+7] business day cycle (where T is the date the job was marked "Completed" in the app).

• 7.4.3 Prerequisites for Disbursement: No payouts will be released to a Merchant unless:

  • The Merchant’s FICA/KYC documentation is fully validated and current.

  • The Merchant’s bank account confirmation letter exactly matches the registered entity name.

  • The specific Booking has been digitally closed and confirmed by the Consumer.

• 7.4.4 Reconciliation and Disputes: Merchants are responsible for reconciling their "In-App Wallet" or transaction history against their bank statements. Any discrepancies must be reported to the Company’s Finance Desk via www.pocketfind.co.za or www.supanect.com within thirty (30) days of the transaction date. After this period, the transaction record is deemed final and correct.

8. CANCELLATIONS, REFUNDS, AND FINANCIAL DISPUTES

8.1 Consumer-Initiated Cancellations

• 8.1.1 The "Window of Opportunity": A Consumer may cancel a Booking through the Platform interface at any time. However, to compensate the Merchant for travel costs and lost opportunity, the following "Cancellation Fee" schedule applies:

  • Early Cancellation (More than 2 hours before the job): No cancellation fee is charged. The Consumer receives a 100% refund of any pre-paid service fees (minus the non-refundable Platform facilitation fee, if applicable).

  • Late Cancellation (Within 2 hours of the scheduled time): A "Late Fee" will be charged to the Consumer. This fee is disbursed to the Merchant to cover mobilization costs.

  • "On-Site" Cancellation: If the Merchant has already arrived at the verified GPS location and the Consumer cancels or is not present, a "Full Call-Out Fee" will be charged.

• 8.1.2 Platform Fee Retention: You acknowledge that the Company’s service of "matching and facilitating" is deemed complete at the moment a Booking is accepted. Therefore, in the event of a Consumer-initiated cancellation, the Company reserves the right to retain a portion of the transaction as a non-refundable administrative fee.

• 8.1.3 Abuse of Cancellation: Consumers found to be repeatedly booking and cancelling services to "test" the Platform or harass Merchants will have their accounts flagged and potentially terminated under the Operations SOP.

8.2 Merchant "No-Show" Penalties and Reversals

• 8.2.1 The "Reliability Mandate": Reliability is the core value of the Supanect ecosystem. A Merchant "No-Show" occurs when a Merchant fails to arrive at the Consumer’s location within [30 minutes] of the scheduled time without providing a valid, Platform-logged reason.

• 8.2.2 Financial Reversals: In the event of a verified Merchant No-Show:

  • The Consumer is entitled to a 100% refund of all fees paid for that specific Booking.

  • The Merchant forfeits any claim to a call-out fee or travel compensation.

• 8.2.3 Administrative Penalties: To discourage unreliability, a Merchant who records a No-Show may be charged a "Reliability Penalty". This penalty will be deducted from the Merchant’s next successful Payout or billed against their account.

• 8.2.4 "Strike" System: In alignment with the Operations SOP, the Platform tracks Merchant reliability.

  • Strike 1: Formal warning and "No-Show" penalty.

  • Strike 2: 24-hour suspension of "Explore Nearby" visibility.

  • Strike 3: Permanent de-platforming and revocation of "Verified" status.

• 8.2.5 Force Majeure Exception: Penalties may be waived at the Company’s sole discretion if the Merchant can provide immediate digital proof of an emergency (e.g., vehicle breakdown, medical emergency, or severe localized unrest) via the Platform’s support channel.

8.3 Refund Processing and Chargeback Management

• 8.3.1 Refund Authority: The Company serves as the final arbiter in all refund disputes between a Consumer and a Merchant. A refund will only be processed if:

  • The Merchant fails to perform the service (Section 8.2).

  • The Consumer cancels within the permitted "No-Fee" window (Section 8.1).

  • A formal dispute is resolved in favour of the Consumer via the Company's internal Mediation Process.

• 8.3.2 Processing Timelines: Once a refund is approved by the Company’s Finance Desk, it is submitted to Paystack for processing.

  • Consumers acknowledge that while the Company initiates the refund immediately, the actual reflection of funds in their bank account depends on South African banking clearing cycles (typically 5 to 10 business days).

• 8.3.3 Non-Refundable Fees: You acknowledge that certain fees are non-refundable to cover the actual costs of digital facilitation. These include:

  • The initial Platform matching fee (where applicable).

  • Third-party transaction costs already incurred and "sunk" into the payment gateway.

• 8.3.4 Unauthorized Chargebacks (The "Blacklist" Rule): A "Chargeback" occurs when a User disputes a transaction directly with their bank rather than using the Platform’s dispute resolution tools.

  • The Company takes a "Zero Tolerance" approach to fraudulent chargebacks.

  • Any User who initiates an unauthorized chargeback will have their account permanently blacklisted from the Supanect ecosystem.

  • The Company reserves the right to recover the cost of the chargeback, including the bank’s administrative penalty (typically R200–R500), from the User as a debt.

• 8.3.5 Merchant Indemnity for Refunds: If a refund is issued due to a Merchant’s poor performance, negligence, or "No-Show," the Merchant agrees that the Company may:

  • Deduct the full amount of the refund from the Merchant’s next Payout.

  • Invoiced the Merchant for the difference if no Payout is pending.

PART 4: MARKETPLACE RULES AND CONDUCT

9. NATURE OF THE FACILITATION SERVICE

9.1 Platform Role (Disclaimer of Agency or Employment)

• 9.1.1 Independent Facilitator Status: The Company provides a digital marketplace (the Platform) that functions as an intermediary matching service. You acknowledge and agree that the Company is not a service provider, a contractor, a labor broker, or an employer.

• 9.1.2 No Employment Relationship: Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between the Company and any Merchant.

  • Merchants are independent contractors who use the Platform to find leads.

  • Merchants retain absolute control over their own working hours, methods of service delivery, and the equipment used.

• 9.1.3 Disclaimer of Vicarious Liability: Since the Company does not supervise, direct, or control the Merchant’s performance, the Company shall not be liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Merchant, nor for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

• 9.1.4 The "Direct Contract" Rule: When a Booking is accepted, a direct legal contract is formed between the Consumer and the Merchant. The Company is not a party to that specific service agreement, although it facilitates the payment and record of the transaction.

9.2 The Booking Workflow (Request to Completion)

To ensure the integrity of the Operations SOP, all transactions must follow the standardized Platform workflow:

• 9.2.1 The Request: A Consumer initiates a request via the platform or category search.

• 9.2.2 The Acceptance: A Merchant must digitally accept the request within the Platform’s designated response window. Once accepted, the "Booking" is legally active.

• 9.2.3 The "Start" Event: Upon arrival at the job site, the Merchant must trigger the "Start Job" status. This activates the official tracking and insurance-log window.

• 9.2.4 The "Completion" Event: Once the service is rendered, the Merchant marks the job as "Complete." The Consumer must then verify completion via their own interface.

• 9.2.5 Finality of the Digital Record: Only jobs closed via the Platform’s digital workflow are eligible for Supabacks, verified reviews, or the Company's mediation services. "Offline" handshakes are a breach of these Terms (see Section 10.1).

9.3 Service Level Agreements (SLA) for Performance

• 9.3.1 Response Time SLA: To maintain the "Tech Network" standard, Merchants are encouraged to respond to requests within 60 minutes. Repeated failure to respond to active leads will result in a temporary reduction in search visibility.

• 9.3.2 Arrival Accuracy: Merchants must arrive within the "Estimated Time of Arrival" (ETA) provided to the Consumer. Any delay exceeding 15 minutes must be communicated to the Consumer via the Platform’s chat tool.

• 9.3.3 Professional Conduct: All Users must interact with "Ambassadors" or “Merchants” and each other with professional courtesy. Use of the Platform to transmit "spam," harassment, or discriminatory content is a material breach.

• 9.3.4 Quality of Workmanship: While the Company does not guarantee results, Merchants are contractually bound to provide services that meet the industry standards for their specific trade (e.g., PIRB standards for plumbers). Failure to meet these standards may result in a "Tier Downgrade" or account suspension.

10. PLATFORM INTEGRITY AND NON-CIRCUMVENTION

10.1 Prohibition of "Off-Platform" Transactions (Protecting Commissions)

• 10.1.1 The "Non-Circumvention" Mandate: You acknowledge that the Company’s primary revenue model relies on the collection of Commissions as defined in Section 7.2. Consequently, you are strictly prohibited from soliciting, offering, or accepting payments for services outside of the Platform for any lead or connection originally facilitated by the Platform.

• 10.1.2 Prohibited Conduct: Circumvention includes, but is not limited to:

  • Sharing personal phone numbers, bank details, or social media handles in the Platform’s chat tool to "finish the deal" privately.

  • Cancelling a Booking on the Platform but performing the work and accepting cash or an external EFT.

  • Under-reporting the final value of a job to reduce the Commission owed to the Company.

• 10.1.3 The "24-Month" Tail: For a period of twenty-four (24) months following the initial introduction of a Consumer to a Merchant via the Platform, all subsequent business between those specific parties must be processed through the Platform.

• 10.1.4 Liquidated Damages for Breach: If the Company determines that a Merchant has bypassed the Platform to avoid a Commission, the Merchant agrees to pay the Company a "Circumvention Penalty" equal to R5,000.00 or ten (10) times the estimated Commission, whichever is greater, as a genuine pre-estimate of damages.

10.2 Anti-Fraud and Audit Rights

• 10.2.1 Prohibited Fraudulent Activity: Users are prohibited from engaging in "wash trading" (creating fake bookings to inflate ratings), "shilling" (using family/friends to post reviews), or using stolen financial credentials.

• 10.2.2 Right to Monitor Communications: In accordance with the Regulation of Interception of Communications Act (RICA) and for the purpose of protecting Platform integrity, you consent to the Company’s automated systems monitoring in-app chats for "Circumvention Triggers" (e.g., the sharing of phone numbers or bank details).

• 10.2.3 Audit of Merchant Records: The Company reserves the right to audit a Merchant’s transaction history if there is reasonable suspicion of systemic circumvention. This may include a request for redacted bank statements or job logs for work performed during specific periods.

• 10.2.4 Immediate De-Platforming: Fraudulent behaviour is a "Zero-Tolerance" offense. Any account found to be engaging in fraud will be permanently terminated, and all accrued Supabacks or pending Payouts will be forfeited to the Company.

10.3 Ratings, Reviews, and Feedback Authenticity

• 10.3.1 The "Verified Feedback" Rule: To maintain the "Tech Network" theme and community trust, only Consumers who have completed and paid for a Booking via the Platform may leave a review for a Merchant.

• 10.3.2 Non-Manipulation: Merchants are strictly prohibited from offering discounts, cash, or incentives in exchange for a "5-Star" review.

• 10.3.3 Removal of Content: The Company reserves the right (but not the obligation) to remove reviews that:

  • Contain hate speech, profanity, or discriminatory language.

  • Reveal personal private information (doxing).

  • Are proven to be factually false or part of a coordinated "Review Bombing" campaign.

• 10.3.4 Ownership of Feedback: While you provide the content, you grant the Company a perpetual, royalty-free license to use, display, and analyze all ratings and reviews to improve the Platform’s matching algorithms and rankings.

PART 5: LOGISTICS, SAFETY, AND INFRASTRUCTURE

11. GEOLOCATION AND REAL-TIME TRACKING

11.1 Consent for GPS Logistics

• 11.1.1 Operational Necessity: To facilitate the matching engine and the real-time tracking of service delivery, the Platform requires access to the GPS/Geolocation data of the User’s mobile device.

• 11.1.2 Scope of Tracking: By enabling location services, you grant the Company a limited, non-exclusive license to process your geolocation data for the following purposes:

  • Matching: Identifying the proximity of a Merchant to a Consumer’s request.

  • Transit Monitoring: Allowing the Consumer to view the Merchant’s estimated time of arrival (ETA) once a Booking is "Active."

  • Proof of Service: Using GPS "pings" to verify that a Merchant was physically present at the job site at the time the "Start" and "Complete" events were triggered.

• 11.1.3 Privacy Limitation: In accordance with the Governance SOP, geolocation tracking is strictly tied to the lifecycle of a Booking. The Platform is prohibited from "surveillance" tracking when a Merchant is toggled to "Offline" status or when no active Booking is in progress.

• 11.1.4 Battery and Data Consumption: You acknowledge that continuous GPS usage may increase mobile data consumption and accelerate battery depletion. The Company is not liable for costs or hardware issues arising from the standard operation of the Platform’s GPS features.

11.2 Safety-Based Refusal (Right of Refusal in "No-Go" Zones)

• 11.2.1 The "Safety First" Principle: In alignment with the Operations SOP, the safety of our Community (Merchants, Consumers, and Ambassadors) is paramount. No User shall be forced to enter an area where they feel their personal safety or property is at immediate risk.

• 11.2.2 Merchant Right of Refusal: A Merchant has the right to decline a Booking request or withdraw from an active Booking if the service location is deemed a "High-Risk" or "No-Go" zone due to:

  • Active civil unrest, protest action, or localized violence.

  • Documented high-crime volatility in a specific precinct.

  • Environmental hazards (e.g., severe flooding or infrastructure collapse).

• 11.2.3 Reporting Requirements: To exercise a Safety-Based Refusal without penalty, the Merchant must:

  • Immediately notify the Company via the in-app "Emergency/Safety" flag.

  • Provide a brief justification for the refusal.

• 11.2.4 Anti-Discrimination Guardrail: While safety is a valid reason for refusal, the Company strictly prohibits the use of "Safety Refusals" as a pretext for unlawful discrimination based on race, gender, religion, or disability. Any Merchant found to be using "No-Go" zones to mask discriminatory service patterns will face immediate de-platforming under Section 10.2.4.

• 11.2.5 No Liability for Loss of Income: The Company shall not be liable to the Merchant for any loss of income or "Supaback" rewards resulting from a Safety-Based Refusal.

11.3 Emergency and Incident Reporting

• 11.3.1 The "Golden Hour" Reporting Rule: In the event of a security threat, physical altercation, accident, or criminal incident occurring during an active Booking, the affected User must notify the Company via the "Emergency Flag" in the Platform interface as soon as it is safe to do so, but no later than one (1) hour after the incident.

• 11.3.2 Support, Not Law Enforcement: You acknowledge that the Platform’s emergency features are designed to alert the Company’s Operations Team and, where integrated, private security partners. These features are not a replacement for the South African Police Service (SAPS) or official emergency medical services. Users must contact 10111 or 112 for immediate life-threatening emergencies.

• 11.3.3 Incident Documentation: Following an emergency report, the Company may require the User to provide:

  • A written statement of events.

  • A SAPS Case Number (if a crime was committed).

  • Photographic evidence of any property damage or injury.

• 11.3.4 Right to Suspend Accounts: To protect the broader community, the Company reserves the right to immediately and unilaterally suspend the accounts of all parties involved in a reported physical incident pending a full internal investigation.

• 11.3.5 Cooperation with Authorities: In compliance with South African law, the Company will cooperate fully with the SAPS and provide GPS logs, chat history, and User identity data when served with a valid subpoena or Section 205 warrant relating to a reported incident.

• 11.3.6 Limitation of Liability for On-Site Incidents: While the Company provides the tracking infrastructure, you acknowledge that the Company does not provide physical security or bodyguards. The Company is not liable for any injury, loss, or damage sustained during an interaction between a Merchant and a Consumer.

12. TECHNICAL RESILIENCE AND DISCLAIMERS

12.1 South African Infrastructure Resilience (Load Shedding and Connectivity)

• 12.1.1 Acknowledgement of Grid Instability: You acknowledge that the Platform operates within the South African infrastructure environment, which is subject to periodic electrical supply interruptions ("Load Shedding") and localized telecommunications failures.

• 12.1.2 Disclaimer of Liability for Power Failure: The Company shall not be held liable for any loss, damage, or failed transaction resulting directly or indirectly from:

  • The inability of a User to access the Platform due to Load Shedding affecting their mobile device or local cellular towers.

  • The failure of GPS tracking or real-time updates caused by "signal dropping" during power outages.

  • Any corruption of data occurring if a User’s device shuts down mid-transaction due to battery depletion.

• 12.1.3 Merchant Duty of Readiness: In alignment with the Operations SOP, Merchants are encouraged to maintain "Power Readiness" (e.g., utilized power banks and offline cached maps) to ensure they can fulfill active Bookings despite scheduled outages. Failure to reach a job site due to "phone battery death" will be treated as a standard No-Show under Section 8.2.

• 12.1.4 Network Latency: While the Company utilizes high-availability cloud infrastructure, we do not guarantee the speed or "ping" of the Platform on your specific mobile network (e.g., MTN, Vodacom, Telkom).

12.2 Platform Maintenance and Uptime

• 12.2.1 Target Availability: The Company strives to maintain a 99.5% uptime for the Platform’s core services. However, you acknowledge that "100% Uptime" is a technical impossibility.

• 12.2.2 Scheduled Maintenance: We reserve the right to temporarily suspend access to the Platform for scheduled maintenance, security patches, or version upgrades.

  • Where possible, the Company will perform these updates during "Low-Traffic" windows (typically 00:00 to 04:00 SAST).

  • Notice of scheduled downtime exceeding one hour will be posted on the "System Status" page at www.supanect.com.

• 12.2.3 Emergency Maintenance: In the event of a critical security vulnerability or a "Zero-Day" threat, the Company may suspend the Platform immediately and without prior notice to protect User data and financial integrity.

12.3 Device Compatibility

• 12.3.1 Minimum Technical Requirements: To ensure the stability of the real-time tracking and payment features, Users must access the Platform using devices that meet the minimum operating system requirements (e.g., Android 10+ or iOS 15+).

• 12.3.2 Non-Standard Hardware: The Company does not provide support for, and is not liable for glitches occurring on, "Rooted" or "Jailbroken" devices, or devices running non-official firmware.

• 12.3.3 Browser vs. App Performance: While certain features are available via the web interface, the full "Verified Professional" suite (including real-time GPS tracking) is only guaranteed to function via the official Supanect Mobile Application.

• 12.3.4 Security Updates: Users are responsible for keeping the Supanect App updated to the latest version. Using an outdated version may lead to "Protocol Mismatches" where Bookings cannot be processed or Payments fail.

13. OWNERSHIP AND LICENSING

13.1 Company Intellectual Property (Logos, Software, Icons)

• 13.1.1 Proprietary Ownership: All content included on the Platform—including but not limited to the Supanect and Pocketfind logos, the "Building Africa's Future" slogan, trade-specific 2D icons (Plumbing, Electrical, Ride-Hailing, etc.), website headers, software code, database structures, and UI/UX designs—is the exclusive property of the Company or its licensors.

• 13.1.2 Protection under Law: This Intellectual Property (IP) is protected by the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993, and international intellectual property treaties.

• 13.1.3 Limited User License: The Company grants Users a limited, non-exclusive, non-transferable, and revocable license to access the Platform solely for the purpose of booking or providing services. This license does not include the right to:

  • Reproduce, "scrape," or "frame" the Platform’s content for use on competing websites.

  • Use the Company’s proprietary icons or branding for offline marketing without prior written consent.

  • Modify, decompile, or reverse-engineer any part of the Supanect software or matching algorithms.

• 13.1.4 Brand Integrity: Merchants are encouraged to display the "Verified by Supanect" badge on their own marketing materials, provided they adhere to the official Brand Identity Guidelines. Any unauthorized alteration of the Company's logos or icons is a breach of this Section.

• 13.1.5 Infringement Consequences: Any unauthorized use of the Company’s IP will result in the immediate termination of the User’s account and may lead to legal action for damages and interdictory relief in the High Court of South Africa.

13.2 User Content License

• 13.2.1 Definition of User Content: "User Content" refers to any data, text, photographs, or professional portfolio images uploaded to the Platform by a User (e.g., a Merchant's "Before and After" plumbing photos or a Consumer’s written review).

• 13.2.2 Grant of License: By uploading User Content, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, and sub-licensable license to use, host, store, reproduce, modify, and display such content.

• 13.2.3 Marketing and Promotion: In alignment with the Marketing SOP, the Company may use your User Content (such as high-rated reviews or portfolio images) in social media campaigns, "Explore Nearby" highlights, and "Founders Launch" success stories to promote the Platform’s growth.

• 13.2.4 Ownership Retention: This license does not transfer ownership. You continue to own the original copyright to your photos and descriptions; however, you give the Company the legal right to use them to operate and improve the ecosystem.

• 13.2.5 Responsibility for Content: You warrant that you own or have the necessary licenses for all User Content you upload. The Company is not liable for any copyright infringement claims arising from images uploaded by a Merchant that belong to a third party.

13.3 Prohibited Use (Scraping and Reverse Engineering)

• 13.3.1 Anti-Scraping Mandate: The Platform’s database of verified Merchants and lead-matching logic is a significant trade secret. Users are strictly prohibited from using any automated system (including "spiders," "offline readers," or "bots") to access the Platform in a manner that sends more request messages to the Company’s servers than a human can reasonably produce.

• 13.3.2 Prohibition of Reverse Engineering: You shall not, and shall not permit any third party to:

  • Decompile, disassemble, or reverse-engineer the Supanect mobile application and website or the Pocketfind web interface.

  • Attempt to derive the source code or underlying algorithms of the platform matching engine.

  • Bypass any measures the Company may use to prevent or restrict access to the Platform (e.g., bypassing "Tier" restrictions).

• 13.3.3 Commercial Exploitation: Use of the Platform’s data to build a competing directory, "Supa" suite of tools, or lead-generation service is a material breach of these Terms and will be met with immediate legal interdict.

• 13.3.4 Ethical Usage: You may not use the Platform to "harvest" the contact details of Merchants or Consumers for the purpose of sending unsolicited marketing (SPAM) or for any purpose not explicitly related to a legitimate Booking.

14. LIABILITY AND INDEMNITY

14.1 User Indemnification to the Company

• 14.1.1 Broad Indemnity: To the maximum extent permitted by South African law, you agree to indemnify, defend, and hold harmless the Company, its directors, employees, "Ambassadors," and affiliates from and against any and all claims, demands, causes of action, losses, expenses, damages, and costs (including reasonable legal fees on an attorney-and-own-client scale) arising out of or related to:

  • Contractual Breach: Your violation of any provision of these Terms or the associated SOPs.

  • Service Performance: Any personal injury, death, or property damage caused by a Merchant during the provision of services (e.g., a burst pipe, electrical fire, or transit accident).

  • Content Infringement: Any claim that User Content (Section 13.2) violates the intellectual property or privacy rights of a third party.

  • Regulatory Non-Compliance: Any fines or penalties imposed by a regulatory body (e.g., the Information Regulator or SARS) due to your failure to provide accurate FICA/KYC data.

• 14.1.2 Third-Party Claims: If a third party (such as a Consumer’s neighbour or a Merchant’s subcontractor) sues the Company because of your actions on the Platform, you agree to take over the defence of that claim and pay all associated settlement costs.

• 14.1.3 Duty to Cooperate: In the event of a legal claim covered by this indemnity, you agree to cooperate fully with the Company’s legal team, providing all necessary documentation, GPS logs, and statements required to resolve the matter.

• 14.1.4 Survival of Indemnity: This obligation to indemnify the Company survives the termination of your account or the expiry of the "Founders Launch" period. It remains a permanent protection for the Company regarding any actions taken while you were an active User.

14.2 Exclusion of Indirect and Consequential Losses

• 14.2.1 Limitation of Scope: To the maximum extent permitted by the Consumer Protection Act (CPA) and the Electronic Communications and Transactions Act (ECTA), the Company, its directors, and "Ambassadors" shall not be liable to any User for any indirect, incidental, special, consequential, or punitive damages.

• 14.2.2 Definition of Excluded Losses: This exclusion applies regardless of the legal theory (contract, delict, or strict liability) and specifically includes, but is not limited to:

  • Loss of Profits: Any revenue a Merchant "could have made" if the Platform had not experienced downtime or if a Booking was cancelled.

  • Loss of Data: Any costs associated with recovering digital records lost due to device incompatibility or network failure.

  • Reputational Damage: Any perceived loss of business standing resulting from a negative Consumer review or a "Tier Downgrade" on the Platform.

  • Opportunity Cost: The cost of time spent waiting for a "No-Show" party or traveling to a "Safety Refusal" zone.

• 14.2.3 Liability Cap: In the event that the Company is found liable for a direct loss by a competent South African Court or through the National Consumer Commission, the total aggregate liability of the Company shall be strictly limited to the lesser of:

  • The total Commissions actually paid by the Merchant to the Company in the three (3) months preceding the claim; or

  • A fixed sum of R1,000.00.

• 14.2.4 Essential Purpose: You acknowledge that the pricing of the "Founders Launch" program (R1 per day) is based on this limitation of liability. The Company would not be able to provide the Platform at such a low cost without these exclusions.

14.3 Maximum Liability Caps

• 14.3.1 Total Aggregate Limit: Notwithstanding anything to the contrary in these Terms, the Company’s total cumulative liability to any User (whether in contract, delict, or otherwise) for all claims arising out of or related to the use of the Platform shall be strictly limited.

• 14.3.2 The "Fee-Based" Cap: For Merchants, the maximum liability of the Company shall not exceed the total amount of Subscription Fees and Commissions actually paid by that Merchant to the Company during the three (3) month period immediately preceding the event giving rise to the claim.

• 14.3.3 The "Fixed" Cap: In cases where the fee-based calculation in 14.3.2 is not applicable (e.g., for Consumers or during a "Free" promotional month), the Company’s maximum liability is strictly capped at a fixed amount of R1,000.00 (one thousand Rand).

• 14.3.4 Single Incident Rule: The limitations set forth in this Section apply to the aggregate of all claims by a User. Multiple claims arising from the same underlying set of facts or a single "Technical Incident" (such as a server outage) shall be treated as a single claim subject to a single cap.

• 14.3.5 Acknowledgement of Risk: You expressly acknowledge that the Platform is a tool to facilitate connections and that the Company does not provide insurance for your business or personal activities. You are encouraged to maintain your own professional indemnity, public liability, and equipment insurance.

• 14.3.6 Allocation of Risk: Both the User and the Company agree that these liability caps represent a fair and reasonable allocation of risk, taking into account the low cost of the "Founders Launch" subscription and the automated nature of the matching service.

15. DISPUTE RESOLUTION AND GOVERNING LAW

15.1 Mandatory Internal Mediation Process

• 15.1.1 The "Cooling-Off" Period: Before initiating any formal legal proceedings, the parties agree to attempt to resolve the dispute in good faith through the Company’s internal Dispute Resolution Desk.

• 15.1.2 Notice of Dispute: The complaining party must submit a written "Notice of Dispute" via www.pocketfind.co.za or www.supanect.com, clearly outlining the facts, the Booking reference (if applicable), and the requested remedy.

• 15.1.3 Mediation Window: The Company’s Governance Lead or an appointed "Administrator" will have fourteen (14) business days to investigate the claim and propose a non-binding resolution.

• 15.1.4 Prerequisite for Action: Completion of this internal mediation process is a mandatory condition precedent to the commencement of any arbitration or legal action.

15.2 Formal Arbitration (AFSA Rules)

• 15.2.1 Election of Private Arbitration: Should internal mediation fail to resolve the dispute, the matter shall be referred to and finally resolved by private arbitration, rather than the public courts.

• 15.2.2 Governing Rules: The arbitration shall be conducted in accordance with the Rules of the Arbitration Foundation of Southern Africa (AFSA) by an arbitrator appointed by AFSA.

• 15.2.3 Seat and Language: The seat of the arbitration shall be Johannesburg or Pretoria (Gauteng), South Africa, and the language of the proceedings shall be English.

• 15.2.4 Finality of Award: The arbitrator’s decision shall be final and binding on all parties, and may be made an order of any court of competent jurisdiction.

• 15.2.5 Exception for Urgent Relief: Nothing in this Section shall prevent either party from approaching a competent South African High Court for urgent interdictory relief (e.g., to stop the unauthorized use of the Company’s 2D icons or to prevent a breach of Section 10.1).

15.3 Choice of Law (Republic of South Africa)

• 15.3.1 South African Jurisdiction: These Terms, the "Founders Launch" program, and the operation of the Supanect ecosystem are governed by and construed in accordance with the laws of the Republic of South Africa.

• 15.3.2 Regulatory Compliance: All parties agree to submit to the non-exclusive jurisdiction of the South African courts regarding matters related to the Consumer Protection Act (CPA), POPIA, and the Electronic Communications and Transactions Act (ECTA).

• 15.3.3 Severability: If any provision of these Terms is found by a South African Court or an AFSA Arbitrator to be invalid or unenforceable, that provision shall be "severed" from the rest of the agreement, and the remaining terms shall remain in full force and effect.

• 15.3.4 Entire Agreement: These Terms, together with the User’s digital registration and the specific "Founders Launch" offer, constitute the entire legal agreement between the User and the Company, superseding all prior oral or written communications.

16. TERMINATION AND FINAL PROVISIONS

16.1 Termination for Breach

• 16.1.1 Immediate Termination (Zero-Tolerance): The Company reserves the right to terminate your access to the Platform immediately and without prior notice if you engage in any of the following "Material Breaches":

  • Financial Fraud: Attempting to circumvent Commissions (Section 10.1) or initiating unauthorized chargebacks (Section 8.3.4).

  • Safety Violations: Validated reports of physical violence, harassment, or criminal activity during a Booking.

  • Data Integrity: Providing false FICA/KYC documentation or failing a SAPS background check.

  • Platform Abuse: Reverse engineering the software or scraping the Merchant database (Section 13.3).

• 16.1.2 Termination with Notice (Operational Breach): For non-critical breaches—such as repeated "No-Shows" or failing to meet the Response Time SLA—the Company will follow the "Strikes" System defined in the Operations SOP:

  • Warning: A digital notice of the breach.

  • Suspension: A temporary block (e.g., 24–72 hours) of platform visibility.

  • Final Termination: Permanent removal from the Platform following a third unresolved breach.

• 16.1.3 Termination for Convenience: Both the User and the Company have the right to terminate this agreement for any reason by providing thirty (30) days' written notice. For Merchants, this notice is submitted via the "Close Account" feature in the Merchant Dashboard.

16.2 Effect of Termination

• 16.2.1 Immediate Cessation of Service: Upon termination, your right to access the Platform, use the "Supa" suite of tools, and receive leads through the platform is revoked instantly.

• 16.2.2 Outstanding Financial Obligations: Termination does not absolve you of the duty to pay any outstanding debts. This includes:

  • Unpaid Subscription fees for the current billing cycle.

  • Commissions owed for Bookings completed prior to termination.

  • Any "Circumvention Penalties" or "Reliability Penalties" accrued.

• 16.2.3 Forfeiture of Rewards: Any accrued Supabacks, promotional credits, or "Founders Launch" discounts are immediately forfeited upon termination and cannot be redeemed for cash.

• 16.2.4 Data Retention Post-Termination: In accordance with Section 5.3.4 and South African statutory requirements (SARS/FICA), the Company will retain your transaction records and identifying data for a period of five (5) to seven (7) years following termination. Your "Public Profile" will be deleted, but your "Internal Record" remains for legal and audit purposes.

• 16.2.5 Survival of Clauses: The provisions regarding Intellectual Property (Section 13), Indemnity (Section 14), Non-Circumvention (Section 10), and Dispute Resolution (Section 15) shall survive the termination of this agreement indefinitely.

16.3 Severability and Version Control

• 16.3.1 Severability of Terms: If any provision of these Terms is held by a South African court or AFSA arbitrator to be invalid, illegal, or unenforceable (e.g., due to a change in POPIA or CPA regulations), that specific provision shall be limited or eliminated to the minimum extent necessary. The remaining provisions of these Terms shall remain in full force and effect.

• 16.3.2 Right to Amend: The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time to reflect changes in the "Supa" suite of tools, tax laws (SARS), or operational requirements.

• 16.3.3 Notification of Changes: For material changes that impact fees, commissions, or data privacy, the Company will provide at least thirty (30) days' notice via:

  • An in-app notification to all Merchants and Consumers.

  • An email to the address associated with your account.

  • A prominent notice on the platform.

• 16.3.4 Acceptance of New Versions: Your continued use of the Platform after the effective date of any revised Terms constitutes your "Deemed Acceptance" of the new version. If you do not agree to the new Terms, your sole remedy is to terminate your account under Section 16.1.3.

• 16.3.5 Version Archive: The Company shall maintain a digital archive of all previous versions of these Terms. In the event of a dispute, the version of the Terms in effect at the time of the specific Booking or incident in question shall govern the resolution.

• 16.3.6 Language Consistency: These Terms are drafted in English. In the event of any translation into other languages for outreach by Ambassadors, the English version shall remain the legally binding "Master Version."

By using Supanect, you acknowledge having read, understood, and agreed to these Terms and Conditions.