PRIVACY POLICY

The Terms, Conditions and Privacy Policy (“Terms”) governs the use of the website that is hosted on the Turfspec Landscapes platform (“Turfspec Website”). By checking the “I accept the Terms, Conditions & Privacy Policy” option and by utilising the Turfspec Website, the User agrees to be bound by the Terms as set out in this legal notice, as amended from time to time.

If the User does not wish to be bound by these Terms, the User is requested not to continue the use of the website.

In this Agreement unless otherwise required or indicated by the context:

“Turfspec Landscape Services” shall mean Turfspec Landscapes CC, including all its subsidiaries and related entities, a South African based private company with limited liability and registration number 2011/011423/23 and with its main offices located at 19 Christiaan De Wet Drive, Radiokop, who is a Garden maintenance and Landscape services company and provides a platform to Users to use the Turfspec Website in the Republic of South Africa and who is the owner of all copyright subsisting in any and all works/material contained on the Turfspec Website;

“Turfspec Website” shall mean the Turfspec Website hosted on the Grid Host platform where a User can visit and browse the Turfspec Website that is located at the domain name turfspec.co.za;

“Personal Information” means any information that may be used to identify a specific person;

“System Data” shall mean usage, transactional and device-related data that is collected automatically by Turfspec Landscape Services; “User” shall mean any person who accesses or uses the Turfspec Website;

“User Data” shall mean any data or content entered or captured by a User by means of the Turfspec Website,

including data needed by the Turfspec Landscape Services Website to allow the User to make use of the Turfspec Website online;

TURFSPEC WEBSITE

Turfspec Landscape Services provides the Turfspec Website as a platform for Users to make use of the Turfspec website.

This Agreement regulates the use of the Turfspec Website, which is developed and owned by Turfspec Landscapes Services.

Availability of the service If the User is in an area where there is weak or limited connectivity and/or the User attempts to access the Turfspec Website whilst being offline, the Turfspec Website may not function correctly and the User may not be using the most recent version of the Turfspec Website. Turfspec Property Services will not be liable for any damages suffered by a User arising from the use of an outdated version of the Turfspec Website or from using the Turfspec Website in an area of weak or limited connectivity.

Standard data costs will be charged when a User utilises the Turfspec Website. These costs are charged by the User’s mobile network operator or internet service provider, and Turfspec Landscape Services will in no way be held liable for any claim arising from these data costs including any claims of heightened data usage. Any questions related to a User’s data costs must be referred to their individual mobile network operator or internet service provider.

The Turfspec Website service may be interrupted for the one-off following reasons, including but not limited to maintenance, repairs, upgrades, or network or equipment failures. Turfspec Landscapes Services may discontinue some or all of our services, including certain features and the support for certain devices and platforms, at any time.

Events beyond the control of Turfspec Landscape Services may affect the services offered. Such events may include events of force majeure.

Hosting and transfer of data Data relating to the User, including User Data and System Data, may be hosted and processed in a country or jurisdiction other than the one where the User is based in, and may be transferred to suit Turfspec Landscape Services’ operational requirements between countries around the world that may not have the same data protection and privacy laws as in the User’s jurisdiction. Turfspec Landscape Services will not host or transfer such data to a country or jurisdiction that does in support data protection and privacy laws to the same standard as those set out in the Terms.

Links to other websites Turfspec Landscape Services service may contain links to third-party websites or services that are not owned or controlled by Turfspec Landscapes Services, including any third-party credit and debit card payment service. Turfspec Landscape Services has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The User further acknowledges and agrees that Turfspec Landscape Services shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

Termination of the service Turfspec Landscape Services may modify, suspend, or terminate the User’s access to or use of the Turfspec Website anytime and for any reason, if the User violates any law, Term/s of this Agreement or creates harm, risk, or possible legal exposure for Turfspec Landscape Services, its users or any other third party.

The following provisions will survive any termination of your relationship with Turfspec Landscape Services: “Confidentiality and non-solicitation”, “Indemnity and limitation of liability” and “Copyright and “Intellectual Property”.

PRIVACY POLICY

Turfspec Landscape Services is committed to protecting the User’s privacy. This privacy policy explains how Turfspec Landscape Services shall collect and use customer information as well as what the User’s access rights to the information and/or data are.

Information that you provide

When a User accepts the terms and conditions of the Turfspec Landscape Website by using the Turfspec Landscape Website on an ongoing basis, Turfspec Landscape Services shall collect information from the User, including but not limited to one or more of the following fields:

Personal details such as name, surname, gender;

Contact details, such as email address and contact number; Preferences with respect to the use of Turfspec Landscape Website.

Collecting of service-related information

The following types of information are collected in the background through the User’s use of the Turfspec Landscape Website:

System data relating to the User’s device or Internet connection, such as the User’s device’s operating system, browser or IP address; Usage data regarding the User’s use of the Turfspec Landscape Website;

Analytics data in aggregate and anonymous format via third party tracking services such as Google Analytics;

Transactional information regarding payment transactions where applicable, such as payment receipts, from third parties processing any payment made by the User.

Security and protection of information

The User’s user and System Data are private and confidential and are treated as such. Turfspec Landscape Services takes all reasonable steps to secure and protect your data during hosting and transmission and to ensure that your

information is handled in accordance with the Terms.

However, it is possible for Internet-based communications to be intercepted or servers to be hacked. Turfspec Landscape Services will not be responsible for any damages the User or any third-party may suffer as a result of the hosting or transmission of confidential or disclosed information that the User makes to Turfspec Landscape Services through the Internet, or that the User expressly or implicitly authorises Turfspec Landscape Services to make, or for any errors or any changes made to any transmitted information.

To ensure acquaintance with and awareness of the privacy measures and policies of Turfspec Landscape Services, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms.

Using and sharing of information

Turfspec Landscape Services may not use and share the User and System Data we collect from the User.

Turfspec Landscape Services undertakes not to share any of the User’s User or Systems Data that are deemed of a personal or private nature.

Turfspec Landscape Services retains the right to transfer the User’s information to a new owner if the ownership of all or substantially all of our business should change, in which case the terms of this Agreement will still apply until the Terms are updated or amended by the acquiring party upon notice to the User.

Turfspec Landscape may release account information or User Data when we believe, in good faith, that such release is reasonably necessary to (a) comply with law, (b) enforce or apply the terms of any of our user agreements or (c) protect our, our Users or any other relevant third parties’ rights, property or safety.

Using data for research and benchmark purposes The User hereby provides consent for their de-identified User and System data to be used for research relating to purchases of the products. The User also consent to the use of aggregate User and System data for statistical and benchmark purposes.

Cookies policy

A cookie is a small text file stored by the User’s browser (for instance, Internet Explorer or Chrome) on the User’s computer or mobile device. Turfspec Landscape Services uses cookies to authenticate returning customers and to prevent fraudulent use of User accounts. Cookies can be disabled in the browser settings, but if a User disables them, they will not be able to log into the Turfspec Landscape Website.

Local storage

Local storage is a more secure way for web-applications to store large amounts of data locally in the User’s browser without affecting the web-application’s performance. Turfspec Landscape Services uses local storage to store some of the User Data to improve the application’s performance and to allow the User to use the application to some extent, whilst offline when an Internet connection is not available.

When a User logs out of the Turfspec Landscape Website any information stored in local storage is cleared. The User can choose to disable local storage in the settings menu. Please note that disabling local storage will detrimentally affect the User’s experience with the Turfspec Landscape Website.

Data protection and use of information

Turfspec Landscape Services may, and the User expressly consents to, the collecting and processing of their User Data and System Data by Turfspec Landscape Property Services to provide any combination of services or analysis linked to Turfspec Landscape Services, ,for compliance and other risk-related purposes; to carry out statistical and other analyses to identify potential markets and trends; and develop new products and services.

The User expressly consents that Turfspec Landscape Services may process and further process the User Data and System Data within Turfspec Landscape Services for the above purposes; disclose their Personal Information to any person who provides services to Turfspec Landscape Services or acts as their agent or to whom Turfspec Landscape Services has transferred or proposed to transfer any of their rights and duties in respect of a User’s account and/or share the User’s User Data and System Data with their services providers, locally and outside the Republic of South Africa, as necessary. Turfspec Landscape Services demands that any third-party service providers to Turfspec Landscape Services agrees to their strict privacy policies if they need to access any Personal Information to carry out their services.

The User acknowledges that Turfspec Landscape Services will at all times remain responsible for determining the purpose of and means for processing the User’s User Data and System Data; and Turfspec Landscape Services is required by legislation to collect certain of Personal Information from the User.

The User agrees that they are providing Turfspec Landscape Services with their Personal Information voluntarily and freely.

Whenever the User is of the opinion that Turfspec Landscape Services fails to comply with the Privacy Policy as set out herein, the User will contact Turfspec Landscape Services by sending a request on the “contact us” tab. Turfspec Landscape Services will review the User’s representations made by email and, if within their sole and absolute discretion advisable, take corrective action and in any event within 7 (seven) days respond to User informing about corrective actions taken, if any.

Indemnity and limitation of liability

Subject to the Privacy Policy, contained herein, the Turfspec Landscape Website and all content on the Turfspec Landscape Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and Turfspec Landscape Services, its suppliers, employees, directors, partners, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. Turfspec Landscape Services makes no warranty or representation as to the availability, accuracy or completeness of the content, or any third-party content accessible via an internet link.

None of the content, including any information or articles published pertaining to specific aspects of the business of Turfspec Landscape Services, must be construed as advice in respect of such aspect. Neither Turfspec Landscape Services, its suppliers, employees, directors, partners, affiliates, nor any of the aforementioned parties’ agents can be held liable for any damages, of whatsoever nature, due to such action by any User.

Neither Turfspec Landscape Services nor any holding company, affiliate, agent, subsidiary of Turfspec Landscape Services or owners, will be held responsible for any damage of any kind, related to the use of, or the inability to access or use the content or the Turfspec Landscape Website or any functionality, or of any linked website to the extent permissible by law.

The User indemnifies Turfspec Landscape Services against any loss or damages (direct, indirect and consequential) that Turfspec Landscape Services may suffer because:

The User gave us wrong instructions or wrong information;

An unauthorised third party carried out an instruction or made a payment without the User’s permission, on their behalf.

The User acknowledges and agrees that the Terms are entered into between the User and Turfspec Landscape Services and does not govern the relationship between the User and any third party.

Amendments to the agreement Turfspec Landscape Services may change, modify, add to or remove from portions or the whole of these Terms. Changes to this Agreement will become effective when the changes are posted on the Turfspec Landscape Website. Turfspec Landscape Services will notify the User of the by posting a prominent notice on the Turfspec Landscape Website. The User’s continued use of the Turfspec Landscape Website following the posting of changes or updates will be considered notice of the User’s acceptance of the updated terms in the Agreement, including any changes or updates.

Complaints and disputes

Users can file complaints by means of the “contact us” tab on the Turfspec Landscape Website. Currently, Turfspec Landscape Services does not subscribe to any alternative dispute resolution code or mechanism and a User may approach the courts should the dispute or complaint not be resolved.

Disclaimers

The User’s use of the Turfspec Landscape Website is dependent on factors beyond Turfspec Landscape Services control, such as the User’s network coverage or network availability as well as or their device’s proficiency and/or capacity. Turfspec Landscape Services is not liable of any loss or damages the User may suffer if a factor beyond Turfspec Landscape Services control arises and you cannot access the Turfspec Landscape Website.

Neither Turfspec Landscape Services nor any holding company, affiliate, agent, or subsidiary thereof are responsible for any loss or damages related to User’s use of the Turfspec Landscape Website or any Intellectual Property flowing from their use. This includes, without limitation, any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission.

Turfspec Landscape Services is not responsible for any loss or damage where:

Any technical interruption, malfunction, downtime or other failure that affects the Turfspec Landscape Website, Turfspec Landscape Services banking system, a third-party system or any part of any database for any reason; Any Personal Information or other data is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any program or virus, the User’s own negligence; or any other reason flowing from the use of the Turfspec Landscape Website;

Any failure or problem that affects services provided by any other party for example any ISP, electricity supplier, local or other authority; or Any event that Turfspec Landscape Services has no control over.

Confidentiality and non-solicitation

During the period of this Agreement and subsequent thereto, the parties will keep confidential and will not make use of, directly or indirectly, and, if applicable, will not disclose any of the parties’ intellectual property which may include, but not be limited to trademarks, trade secrets or confidential information including, but not limited to, technical know-how and data, plans, drawings, systems, URLs, methods, software, processes, client lists, business affairs, suppliers’ lists, marketing information or financial information, or those of its subsidiary or associate companies or those of persons who have made disclosures to a party under conditions of confidentiality, other than to persons authorised by a party or those employed by a party who are required to know such secrets or to have such information for the purpose of their employment with a party.

Should a party be uncertain as to whether any information is confidential or is a trade secret, the party will in writing request a ruling from the other party.

The User will immediately inform Turfspec Landscape Services should it at any stage during the period of this Agreement become aware of any unlawful disclosure or use of any such confidential information by any other person. The User will deal with the issue on a confidential basis.

The obligations contained in this clause will survive the termination of this Agreement and will endure for a period of 3 (three) years after the termination.

Each party undertakes forthwith to inform the other of them in writing should any demand or request for information relating to or in connection with the subject matter of this Agreement be received, irrespective of whether such request or demand is formulated in terms of any relevant legislation, or on any other grounds.

Breach

Turfspec Landscape Services may suspend or disconnect the User from using the Turfspec Landscape Website if they are in breach of a clause as contained in this Agreement and do not remedy the breach within 5 (five) days after Turfspec Landscape Services has requested them to do so. Turfspec Landscape Services may still take other legal steps available to them, including but not limited to applying to a court for an urgent interdict against the User.

Copyright and intellectual property

“Intellectual Property” shall mean without limitation, any and all inventions, specifications, patents, designs, trademarks whether registered or not, service marks, trade names and all goodwill associated with the foregoing; present and future copyrights and copyrightable works, including, but not limited to, logos, devices, designs, technical or other drawings, cinematographic films, photographs, literary works, sound recordings and computer software programs (in both source and object code form, and including any programmers’ or developers’ notes, flow charts, memoranda and design documents); rights protecting goodwill and reputation; proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, graphics; schematics; marketing; sales and user data; domain names and URLs; databases and rights in databases, confidential information and all other intellectual property rights and rights of a similar nature whether registered or capable of registration, rights in the nature of any of the above items whether registered or unregistered in any country or jurisdiction and all applications and rights to apply for protection of any of the same.

The User agrees that Turfspec Landscape Services is not liable for any of the following:

The content or the accuracy of any such content belonging to third parties, including, but not limited to any merchants, featured on the Turfspec Landscape Website;

Any content featured on the third-party websites that are accessed through the links found on the Turfspec Landscape Website. The User acknowledges that:

They will have no claim to ownership, nor rights of any nature in and to any present and/or future copyright subsisting in any Intellectual Property featured on the Turfspec Landscape Website belonging to Turfspec Landscape Services and/or any third parties;

Turfspec Landscape Services shall retain all right, title and interest in and to the Intellectual Property and the use of and subscription to the Turfspec Landscape Website shall confer no right, title or interest in and to the Intellectual Property to the User;

The use of the Turfspec Landscape Website shall not confer any right in and to any present and/or future copyright subsisting in any Intellectual Property featured on the Turfspec Landscape Website belonging to Turfspec Landscape Services and/or any third parties other than for purposes of personal and private use of the Turfspec Landscape Website.

The User shall have no right to license or sub-license any Intellectual Property to any person;

The User shall not infringe, reproduce or incorporate in any works or other means the Intellectual Property rights of Turfspec Landscape Property Services and/or any third parties and shall not reverse engineer any Intellectual Property featured on the Turfspec Landscape Website; The User shall not publish any content, or content incorporating the Intellectual Property of Turfspec Landscape Services and/or any third parties on any platform, digital or otherwise and agrees and acknowledges that the content so published on the Turfspec Landscape Website shall be exclusive to the Turfspec Landscape Website and the Users thereof;

They will not make any representations that they have any rights of any nature in any present and/or future Intellectual Property belonging to Turfspec Landscape Property Services and/or any third parties featured on the Turfspec Landscape Website;

They will not use Turfspec Landscape Services and/or any third party Intellectual Property that is featured on the present Turfspec Landscape present and/or future Intellectual Property in any manner whatsoever or any other Intellectual Property which is identical, similar and/or confusingly similar thereto in any other country to advance its own or another’s interests, business or otherwise;

They will not do, or omit to do, or cause to be done any act or thing which would be expected to weaken, damage, be detrimental to or in any way impair or tend to impair Turfspec Landscape Services goodwill; and

They will not use, register or attempt to register as trademarks trade names, corporate names, business names, , domain names, meta-tags, meta descriptors, electronic mail (email) addresses, server names, or search-engine markers or anything that is identical to, contained in whole or in part, or is otherwise similar to Turfspec Landscape Services present and/or future Intellectual Property in any country.

The User indemnifies Turfspec Landscape Services against all actions, claims, costs, demands, expenses and other liabilities suffered or incurred by us as a result of any third-party claims initiated and/or instituted against Turfspec Landscape Services relating to the User ‘s unauthorised use, disclosure or sharing of the Turfspec Landscape Website, the content thereon and/or any other Intellectual Property and Intellectual Property Rights flowing from the foregoing.

Any breach of the terms under this clause entitles Turfspec Landscape Services, in addition to their normal common law remedies, to take legal action without prior notice to the User and the User agrees to reimburse the costs associated with such legal action Turfspec Landscape Services.

User feedback

Feedback provided by the User to Turfspec Landscape Services about any aspect or feature of the Turfspec Landscape Website may be used by Turfspec Landscape Services without any obligation to the User.

Choice of law

The Turfspec Landscape Website is controlled, operated and administered by Turfspec Landscape Services from its offices within the Republic of South Africa.

The Agreement will be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Gauteng High Court in the event of any dispute.

If any of the provisions of the Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of the Terms, and the remainder of the Terms will continue in full force.

General

This Agreement contains all the provisions agreed on by the parties with regard to the use of the content and the Turfspec Landscape Website and the Parties waive the right to rely on any alleged provision not expressly contained in this Agreement. No contract varying, adding to, deleting from or cancelling this Agreement, and no waiver of any right under this Agreement, by the User shall be effective unless reduced to writing and signed by or on behalf of the Parties.

The invalidity, illegality, or unenforceability of any of the clauses in these Terms will not affect the validity, legality, and enforceability of the remaining clauses of this Agreement.

Turfspec Landscape Services may terminate the Turfspec Landscape Website any time, without notice.

User contact information

If you have any questions about the Turfspec Landscape Website, you can contact us by means of the “contact us” tab.

Distribution and communication by email

Any email communication received from Turfspec Landscape Services is privileged and confidential and for the use of the intended User only. If a User receives an email in error, please notify Turfspec Landscape Services directly and delete the email and any attachments. Unauthorized use, disclosure or copying of the contents of an email received in error, or any similar action, is prohibited. WARNING: From time to time, Turfspec Landscape Services spam scanners may eliminate legitimate email from a User. There is a duty on the User to ensure Turfspec Landscape Services acknowledges receipt of the User’s instruction.