Terms of Service

These Terms of Service ("Terms") govern your access to and use of the HASH3Dconnect website (hash3d.co.za), physical NFC/QR tags, dashboard, and related features (together, the "Service"), provided by HASH3D (Pty) Ltd (Registration No. 2026/548373/07), trading as HASH3Dconnect ("we", "us", "HASH3D"), with its registered address at 20 Herta Louw, Shirley Park, Bellville, 7530, Cape Town, South Africa. By purchasing, activating, or using the Service, you ("the Customer", "you", "your") agree to these Terms.

1. Definitions and Interpretation

In these Terms, unless the context indicates otherwise:

• "Account" means the registered customer account created to access and use the Service.
• "Business Day" means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.
• "Card" means a physical NFC and/or QR-enabled HASH3Dconnect device linked to a Customer's digital profile.
• "Customer", "you" or "your" means any individual or juristic person who purchases, registers for or uses the Service.
• "Dashboard" means the secure online administration portal through which a Customer manages their digital profile, visitor information, settings and other available features.
• "Fees" means the subscription fees, once-off charges, delivery charges and any other amounts payable by the Customer for the Service.
• "Personal Information" bears the meaning assigned to it in the Protection of Personal Information Act, 4 of 2013 ("POPIA").
• "Service" means the HASH3Dconnect platform, including the website, digital profile pages, dashboard, physical NFC and QR devices, and any related products, software, features and services made available by HASH3D from time to time.
• "Subscription" means the Customer's selected plan, together with the applicable subscription period and associated features.
• "Terms" means these Terms of Service, together with any policies or documents expressly incorporated by reference.
• "Visitor" means any person who accesses a Customer's digital profile or interacts with a Customer's Card by scanning a QR code, tapping an NFC device or otherwise accessing the Service.
• "Website" means the HASH3Dconnect website located at hash3d.co.za, together with any replacement domain operated by HASH3D.

2. The Service

HASH3Dconnect provides physical NFC/QR tags linked to a personalised digital profile page, together with a private dashboard to manage your profile and track visitor activity. Depending on your plan, additional features may include a price list, star ratings, booking and appointment requests, a public events calendar, and personal event invites.

3. Eligibility and Account Registration

You must provide accurate information when creating an account. You are responsible for keeping your login details and access PIN confidential, and for all activity that occurs under your account.

4. Plans and Pricing

We currently offer HASH3Dconnect Social, HASH3Dconnect Professional, and HASH3Dconnect Business (coming soon). Current pricing is published on our website and may be updated from time to time; a published price change will not affect an already-agreed price for your existing subscription term. For Professional plan customers, the final monthly price is agreed with you individually before your subscription begins.

5. Payment of Subscription Fees

• 5.1 The Customer shall pay the applicable Subscription Fees monthly in advance by electronic funds transfer ("EFT") or by such other payment method as HASH3D may make available from time to time.
• 5.2 HASH3D operates on a payment-before-activation basis. No Account, digital profile, physical NFC/QR tag or associated Services shall be activated until the applicable Subscription Fee has been received and confirmed by HASH3D.
• 5.3 Following activation of the Service, each monthly Subscription Fee shall be payable in advance on or before the monthly due date communicated to the Customer.
• 5.4 The Customer is responsible for ensuring that all Subscription Fees are paid on or before the applicable due date.
• 5.5 Unless otherwise expressly agreed in writing, all Subscription Fees paid to HASH3D are non-refundable, subject always to the Customer's rights under the Consumer Protection Act, 68 of 2008, and any other applicable law, and to the cooling-off right described in Clause 11 below.

6. Physical Tags and Delivery

We currently ship physical NFC/QR tags anywhere within South Africa. Courier cost depends on your delivery location and will be confirmed with you before payment is requested. Typical delivery time is 3–5 business days from dispatch. We do not currently ship outside South Africa.

7. Your Content and Visitor Data

You are responsible for the accuracy of the information you publish on your card, including contact details, price list content, and photos. Where visitors submit their own information to you through lead-capture, RSVP, or booking forms on your card, you act as the responsible party for that information under POPIA, and you are responsible for using it lawfully and for responding to any requests visitors make to you directly regarding their own information.

8. Subscription Term and Cancellation

• 8.1 The Service is provided on a month-to-month subscription basis unless otherwise agreed in writing between the parties.
• 8.2 The Subscription shall commence on the date that HASH3D activates the Customer's Account following confirmation of payment in accordance with Clause 5.
• 8.3 The Subscription shall continue from month to month until terminated by either party in accordance with these Terms.
• 8.4 Cancellation terms differ according to the Customer's subscription tier: (a) HASH3Dconnect Social and HASH3Dconnect Professional Customers may cancel their Subscription at any time by giving written notice to HASH3D (email or WhatsApp is sufficient) — cancellation shall take effect at the end of the Customer's then-current paid subscription period, and no further Fees shall be payable thereafter; (b) HASH3Dconnect Business Customers must give HASH3D not less than 30 (thirty) days' written notice to cancel their Subscription, in accordance with the Notices and Addresses for Service clause contained in these Terms.
• 8.5 Upon termination of the Subscription: (a) the Customer's right to access and use the Service shall terminate on the effective date of termination; (b) HASH3D shall be entitled to deactivate the Customer's Account, Dashboard, digital profile, physical NFC/QR functionality and all associated Services; (c) termination shall not affect any rights or obligations which accrued prior to the effective date of termination; and (d) the Customer shall remain liable for all Subscription Fees and any other amounts due and payable up to the effective date of termination.
• 8.6 Upon suspension or termination of the Subscription, the Customer's Account, Dashboard and subscription-based features shall be deactivated. The Customer's public-facing digital profile will continue to remain accessible to Visitors, except where a specific feature is expressly stated elsewhere in these Terms to require an active Subscription.

9. Acceptable Use and Suspension

• 9.1 The Customer agrees to use the Service only for lawful purposes and in accordance with these Terms.
• 9.2 The Customer shall not, whether directly or indirectly: (a) use the Service in any manner that is unlawful, fraudulent, misleading or deceptive; (b) upload, publish or distribute any content that is defamatory, offensive, obscene, discriminatory, infringing or otherwise unlawful; (c) upload or distribute any material that infringes the intellectual property or other rights of any third party; (d) transmit any virus, malware, ransomware, malicious code or other harmful software through the Service; (e) attempt to gain unauthorised access to the Service, other user accounts, databases, servers or networks connected to the Service; (f) interfere with, disrupt or compromise the security, integrity or operation of the Service or any related systems; (g) use automated scripts, bots, crawlers, scrapers or similar technologies to access, copy or extract data from the Service without HASH3D's prior written consent; (h) use the Service to send unsolicited communications, spam or other prohibited electronic communications; (i) create false, misleading or fraudulent ratings, reviews or visitor information; (j) impersonate another person or entity or falsely represent any affiliation with another person or entity; or (k) use the Service in any manner that could reasonably damage the reputation, goodwill or legitimate business interests of HASH3D.
• 9.3 The Customer remains solely responsible for all content published through the Customer's Account and warrants that all such content is accurate, lawful and that the Customer has all necessary rights, licences and permissions to publish or upload such content.
• 9.4 Where HASH3D reasonably believes that a Customer has breached these Terms, applicable law, or is using the Service in a manner that threatens the security, integrity or operation of the Service, HASH3D may, without prior notice where reasonably necessary: (a) suspend access to all or part of the Service; (b) disable specific features or functionality; (c) temporarily remove or restrict access to content; (d) require the Customer to remedy the breach within a reasonable period; and/or (e) terminate the Customer's Account in accordance with these Terms.
• 9.5 Where reasonably practicable, HASH3D will notify the Customer of any suspension and the reasons therefor and will restore access once the issue giving rise to the suspension has been resolved.
• 9.6 Suspension of the Service under this Clause shall not relieve the Customer of any obligation to pay any Fees that accrued prior to, or during, the period of suspension where such suspension resulted from the Customer's breach of these Terms.

10. Availability, Maintenance and Changes to the Service

• 10.1 HASH3D will use reasonable commercial efforts to make the Service available on a continuous basis. However, the Customer acknowledges and agrees that uninterrupted, error-free or continuous access to the Service cannot be guaranteed.
• 10.2 From time to time, the Service may be temporarily unavailable or interrupted due to scheduled maintenance, emergency maintenance, software updates, system upgrades, security enhancements, technical faults, internet or telecommunications failures, failures of third-party service providers, Force Majeure events or other circumstances beyond HASH3D's reasonable control.
• 10.3 Where reasonably practicable, HASH3D will endeavour to provide advance notice of scheduled maintenance that is expected to materially affect the availability of the Service.
• 10.4 HASH3D reserves the right to modify, enhance, replace, suspend or discontinue any feature, functionality or aspect of the Service from time to time in order to improve the Service, maintain security, comply with applicable law or meet operational requirements.
• 10.5 Temporary interruptions, maintenance periods, software updates or changes to the functionality of the Service shall not constitute a breach of these Terms and shall not entitle the Customer to any refund, credit, compensation or damages, except where otherwise required by applicable law.
• 10.6 HASH3D shall not be liable for any loss, damage or interruption arising from the temporary unavailability of the Service where such interruption results from circumstances contemplated in this Clause or from events beyond HASH3D's reasonable control.
• 10.7 The consequences of suspension or termination of the Service are governed by Clauses 8 and 9 of these Terms.

11. Cooling-Off, Cancellation, and Refunds

In line with the Electronic Communications and Transactions Act, you have the right to cancel your order without reason or penalty within 7 (seven) business days of the date you placed it, by giving us written notice (email or WhatsApp is sufficient). Where a physical NFC/QR tag has already been dispatched to you at the time of cancellation, you may be responsible for the direct cost of returning it to us.

Outside of this cooling-off period, cancellation is governed by Clause 8 above; fees already paid for the current subscription period are non-refundable beyond that point, except where required by law.

Where the Customer requests immediate activation before expiry of the cooling-off period, certain statutory cancellation rights may be limited to the extent permitted by law.

12. Intellectual Property

The HASH3Dconnect name, logo, and platform are the property of HASH3D (Pty) Ltd. You retain ownership of the content you upload, such as photos and business details, and you grant us a limited licence to display that content solely for the purpose of operating the Service for you.

13. Limitation of Liability

To the maximum extent permitted by law, HASH3Dconnect is not liable for any indirect, incidental, or consequential loss arising from your use of the Service. Our total liability in connection with the Service is limited to the amount you paid us in the three months preceding the claim.

14. Acknowledgement Clause

By accepting these Terms, you acknowledge that your attention has specifically been drawn to the clauses dealing with limitation of liability, cancellation, refunds, indemnities and your rights under the Consumer Protection Act.

15. Indemnity

• 15.1 The Customer indemnifies and holds harmless HASH3D (Pty) Ltd, its directors, officers, employees, contractors and service providers against any claim, action, liability, loss, damage, cost or expense (including reasonable legal costs on an attorney-and-client scale) arising from or relating to: (a) the Customer's use of the Service; (b) any breach of these Terms by the Customer; (c) any content uploaded, published or made available by the Customer through the Service; (d) any infringement of the intellectual property or other rights of any third party arising from the Customer's content or use of the Service; (e) any unlawful, negligent or fraudulent conduct by the Customer; or (f) any claim brought by a Visitor or third party arising from the Customer's collection, processing, use or disclosure of personal information submitted through the Customer's HASH3Dconnect profile or Card.
• 15.2 The indemnity contained in this Clause shall not apply to the extent that any claim, loss or damage arises directly from the gross negligence, wilful misconduct or fraud of HASH3D.
• 15.3 The Customer acknowledges that, in respect of personal information submitted by Visitors through the Customer's lead capture, booking, RSVP or similar features, the Customer acts as the Responsible Party for the purposes of POPIA and remains solely responsible for ensuring compliance with all applicable data protection laws.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Subject to any mandatory provisions of applicable law, the parties consent to the jurisdiction of the Magistrates' Court having jurisdiction in respect of any proceedings arising from or relating to these Terms, notwithstanding that such proceedings may otherwise fall outside the monetary jurisdiction of that Court. Nothing contained in this Clause shall prevent either party from instituting proceedings in the Western Cape Division of the High Court of South Africa where that Court has jurisdiction.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or documents expressly incorporated by reference, constitute the entire agreement between HASH3D (Pty) Ltd and the Customer relating to the Service, and supersede all prior discussions, negotiations, representations, understandings or agreements, whether oral or written, relating to the subject matter hereof.

The Customer acknowledges that it has not relied upon any representation, warranty or undertaking not expressly recorded in these Terms when deciding to purchase or use the Service.

18. Variation

HASH3D may amend these Terms from time to time where reasonably necessary to reflect changes to the Service, applicable law or business operations. Any amendments will be published on the Website together with the date on which the revised Terms become effective.

Where a change materially affects a Customer's rights or obligations, HASH3D will take reasonable steps to notify affected Customers by email, through the Dashboard, or by another appropriate electronic means before the revised Terms take effect.

No amendment, variation or waiver of these Terms shall be valid unless made in writing by HASH3D and published in accordance with this Clause. No employee, representative or agent of HASH3D is authorised to vary these Terms orally.

A Customer's continued use of the Service after the effective date of any amended Terms shall constitute acceptance of those amended Terms.

19. Severability

If any provision of these Terms is found by a court or other competent authority to be unlawful, invalid or unenforceable, whether in whole or in part, that provision shall, to the extent of its invalidity or unenforceability, be deemed severable from the remaining provisions. The remaining provisions of these Terms shall continue in full force and effect, provided that the fundamental purpose of these Terms is not materially affected.

20. Waiver

No failure, delay or omission by HASH3D in exercising any right, power or remedy arising from these Terms shall constitute a waiver of that right, power or remedy, nor shall any partial exercise of any such right, power or remedy preclude any further or other exercise thereof.

Any waiver of any provision of these Terms shall be effective only if made in writing and signed by a duly authorised representative of HASH3D. A waiver in respect of any particular breach shall not constitute a waiver of any subsequent or continuing breach.

21. Force Majeure

HASH3D shall not be liable for any delay, interruption or failure to perform any of its obligations under these Terms where such delay, interruption or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, epidemic or pandemic, war, civil unrest, terrorism, labour disputes, power failures, internet or telecommunications outages, cyber-attacks, denial-of-service attacks, failures of third-party hosting or cloud service providers, governmental action, or any other event beyond HASH3D's reasonable control.

Where any such event occurs, HASH3D's obligations shall be suspended for the duration of the event, and HASH3D shall use reasonable endeavours to resume performance as soon as reasonably practicable.

If a Force Majeure event continues for a period exceeding 60 (sixty) consecutive days, either party may terminate the affected Subscription by written notice, without liability for such termination beyond Fees already accrued.

22. Notices and Addresses for Service

• 22.1 For the purposes of these Terms, each party chooses the following addresses for the delivery of notices and legal process ("domicilium citandi et executandi"): HASH3D (Pty) Ltd, Physical Address: 20 Herta Louw, Shirley Park, Bellville, 7530, Cape Town, South Africa, Email: support@hash3d.co.za, WhatsApp: +27 83 387 7270. The Customer's domicilium shall be the physical address, email address and mobile telephone number (including WhatsApp, where applicable) provided during registration or subsequently updated through the Customer's Account or by written notice to HASH3D.
• 22.2 Any notice, demand, consent, request or other communication required or permitted under these Terms shall be valid if delivered: (a) by hand to the recipient's chosen physical address; (b) by prepaid registered post to the recipient's chosen physical address; (c) by email to the recipient's chosen email address; or (d) by WhatsApp message to the recipient's nominated mobile telephone number.
• 22.3 Unless the contrary is proved, any notice delivered in accordance with this Clause shall be deemed to have been received: (a) if delivered by hand, on the date of delivery; (b) if sent by registered post, on the fifth (5th) Business Day after posting; (c) if sent by email, on the date of transmission, provided that no automated notification of non-delivery or transmission failure is received by the sender; and (d) if sent by WhatsApp, on the date reflected by WhatsApp as having been successfully delivered to the recipient's mobile device.
• 22.4 Each party shall be entitled to change its physical address, email address or WhatsApp number by giving the other party at least five (5) Business Days' prior written notice in accordance with this Clause.
• 22.5 The Customer is responsible for ensuring that the contact details associated with the Customer's Account remain accurate and up to date. HASH3D shall not be liable for any loss or prejudice arising from the Customer's failure to update such contact details.
• 22.6 Nothing contained in this Clause shall prevent either party from serving any legal process or court documents in any manner permitted by applicable law.

23. Electronic Communications and Electronic Acceptance

The Customer acknowledges and agrees that:

• 23.1 The Service is provided electronically, and communications between HASH3D and the Customer may take place by email, through the Customer's Dashboard, via the Website, WhatsApp, SMS or any other electronic means made available by HASH3D from time to time.
• 23.2 By registering an account, purchasing, activating or using the Service, or by clicking any button, checkbox or similar electronic confirmation indicating acceptance of these Terms, the Customer is deemed to have read, understood and accepted these Terms, the Privacy Policy and any other policies expressly incorporated by reference.
• 23.3 Electronic communications, records and transactions between HASH3D and the Customer shall have the same legal force and effect as communications made in writing, to the fullest extent permitted by the Electronic Communications and Transactions Act, 25 of 2002 ("ECTA").
• 23.4 The Customer agrees that any notices, invoices, renewal reminders, account notifications, amendments to these Terms, or other communications relating to the Service may be delivered electronically and that such electronic communications shall constitute sufficient notice for all legal and contractual purposes.
• 23.5 It is the Customer's responsibility to ensure that the email address and contact details associated with their Account remain accurate and up to date. HASH3D shall not be liable for any loss arising from the Customer's failure to maintain current contact information.
• 23.6 Where these Terms or applicable law require a communication or record to be "in writing", the parties agree that an electronic communication or electronic record satisfying the requirements of ECTA shall fulfil that requirement.

24. Costs of Enforcement

• 24.1 If HASH3D is required to take any steps to enforce its rights in terms of these Terms, including the recovery of any outstanding Subscription Fees or any other amounts owing by the Customer, the Customer shall be liable for all reasonable legal costs, collection commission, tracing fees and other enforcement costs incurred by HASH3D to the extent permitted by applicable law.
• 24.2 Where legal proceedings are instituted, the successful party shall be entitled to recover its legal costs from the unsuccessful party in accordance with any order made by the court.

25. Contact Us

HASH3D (Pty) Ltd, trading as HASH3Dconnect
Registration No. 2026/548373/07
20 Herta Louw, Shirley Park, Bellville, 7530, Cape Town, South Africa
Email: support@hash3d.co.za
WhatsApp: +27 83 387 7270
Website: hash3d.co.za