Terms of Service Agreement

2.1. Binding Agreement. By accessing, browsing, or using the Platform in any manner, you: (i) represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement; (ii) agree to be bound by these Terms; and (iii) agree to comply with all applicable laws and regulations. If you are using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2.2. Incorporated Policies. These Terms incorporate by reference the PettyWorx Privacy Policy (which governs our processing of Personal Information) and the Community Guidelines (which set standards for User conduct). You must read and agree to these documents.

2.3. Modification Right. PettyWorx reserves the right, in its sole discretion, to amend, modify, or replace these Terms at any time. The date of the last update will be displayed at the top of the Terms.

2.4. Notice of Material Changes. If we make material changes that adversely affect your rights or obligations, we will provide notice of such changes at least thirty (30) days prior to the effective date via: (i) a prominent notice on the Platform; and/or (ii) email to the address associated with your account. Material changes may include, but are not limited to, significant changes to fees, payment terms, dispute resolution procedures, or liability provisions.

2.5. Acceptance of Changes. Your continued use of the Platform following the posting of any changes or the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the material changes, you may terminate this Agreement by closing your account before the effective date of the changes.

3.1. Platform as Marketplace. The Platform is an online marketplace that enables connections between Clients seeking to obtain services and independent Service Providers seeking to provide such services. PETTYWORX IS NOT A SERVICE PROVIDER, EMPLOYER, AGENCY, LABOUR BROKER, PARTNER, OR INSURER.

3.2. Service Providers as Independent Contractors. Service Providers are independent contractors operating their own independent businesses. They are not employees, workers, agents, joint venturers, or partners of PettyWorx. Service Providers have complete discretion over whether to list on the Platform, what Services to offer, their work hours, the tools and methods used, and their pricing, subject to Platform policies.

3.3. No Employment Relationship. Nothing in this Agreement shall be construed as creating an employment relationship between PettyWorx and any Service Provider. PettyWorx does not direct, control, or supervise a Service Provider's work. Service Providers are solely responsible for compliance with all laws applicable to their business, including tax, labour, licensing, and insurance obligations.

3.4. Service Contracts. PettyWorx is not a party to the Service Contract formed between a Client and a Service Provider. The Service Contract comprises: (i) the Service description and scope in the Listing; (ii) the Booking confirmation; (iii) any pre-Booking communications via the Platform; and (iv) these Terms. PettyWorx's responsibilities are strictly limited to those expressly set forth in this Agreement, namely: (i) providing and maintaining the Platform technology; (ii) facilitating payment processing as set forth in Article 6; and (iii) administering the dispute resolution process in Article 9.

3.5. User Responsibility for Interactions. Users are solely responsible for their interactions and agreements with each other. PettyWorx is not responsible for and expressly disclaims any liability arising from the acts, omissions, conduct, or negligence of any User. Users are advised to exercise due diligence and caution.

4.1. Account Registration. To use certain features, you must register for an account. You agree to: (i) provide accurate, current, and complete information; (ii) maintain and promptly update your account information; (iii) maintain the security of your password and not share your credentials; and (iv) promptly notify PettyWorx if you discover or suspect any unauthorized use of your account. You are fully responsible for all activities that occur under your account.

4.2. Service Provider Vetting and Onboarding.

4.2.1. As part of registration, Service Providers must complete an onboarding process which may include: submission of a valid South African ID, proof of residence, contact details, and a profile interview.

4.2.2. Disclaimer of Vetting. PETTYWORX'S VETTING IS A ONE-TIME, PRELIMINARY REVIEW BASED ON INFORMATION SUPPLIED BY THE SERVICE PROVIDER. IT IS NOT A CONTINUOUS MONITORING SERVICE, CRIMINAL BACKGROUND CHECK, VERIFICATION OF LICENSES OR INSURANCE, OR AN ENDORSEMENT OF QUALITY, SAFETY, OR SUITABILITY. PETTYWORX MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY SERVICE PROVIDER'S CHARACTER, COMPETENCE, CREDENTIALS, OR BACKGROUND.

4.3. User Conduct. You agree not to, and not to authorize or permit any third party to:

4.4. Listings. Service Providers are solely responsible for the accuracy, legality, and completeness of their Listings, including pricing, description, and scope. Listings must not be misleading or contain prohibited items.

5.1. Booking Process. A Booking is made when a Client selects a Service, confirms the time and date, and completes the payment process. A Service Contract is formed upon the Service Provider's acceptance of the Booking via the Platform.

5.2. Client Responsibilities. The Client is responsible for:

5.3. Service Provider Responsibilities. The Service Provider is responsible for:

5.4. Cancellations and Refunds.

6.1. Service Fee and Platform Fee. The Service Fee is displayed to the Client prior to Booking and includes the Service Provider's fee plus PettyWorx's Platform Fee. All amounts are quoted and payable in South African Rand (ZAR) and include Value Added Tax (VAT) where applicable.

6.2. Payment Processing Authorization. By using the Platform, you authorize PettyWorx, via its third-party payment processors, to: (i) charge your designated payment method for the Service Fee; and (ii) in the case of Service Providers, deduct the Commission before disbursing funds.

6.3. Secure Payment Handling.

6.4. Commission. The Service Provider agrees to pay PettyWorx the Commission for each completed Service. The Commission percentage is displayed on the Service Provider's dashboard and may be updated with thirty (30) days' notice. The Commission is deducted from the Service Fee before the Service Provider's payout is calculated.

7.1. Insurance Disclosure.

7.2. Mutual Release. To the fullest extent permitted by law, each User hereby releases PettyWorx and its affiliates, officers, directors, employees, and agents from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between Users or the acts or omissions of any User.

7.3. Limitation of PettyWorx's Liability.

9.1. Primary Obligation to Communicate. Users involved in a Service Contract agree to use their best efforts to resolve any disputes arising from the Service directly and in good faith with each other via the Platform's messaging system.

9.2. Formal Dispute Filing. If a dispute regarding the quality, completion, or scope of a Service is not resolved within twenty-four (24) hours, either User may file a formal dispute through the Platform's designated dispute resolution centre. The dispute must be filed within ninety-six (96) hours of the scheduled Service completion time. The filing User must provide a detailed description and all supporting evidence (e.g., photographs, message logs, video).

9.3. PettyWorx's Role as Facilitator.

9.3.1. Upon receipt of a valid dispute, PettyWorx will review all submitted evidence from both parties.

9.3.2. Not a Court or Arbitration. The User acknowledges that PettyWorx is not a judicial body, arbitration tribunal, or regulator. PettyWorx's role is limited to facilitating a resolution and determining the disposition of funds held in the Trust Account for that specific Booking based on the evidence and these Terms.

9.4. Possible Resolutions. After review, PettyWorx may, in its reasonable discretion, take one or more of the following actions:

9.5. Finality for Funds Release. PettyWorx's decision regarding the release, refund, or crediting of funds held in the Trust Account for the disputed Booking shall be final and binding on the parties only with respect to that specific financial transaction on the Platform.

9.6. Preservation of Legal Rights. This internal dispute process is without prejudice to, and does not limit, either User's right to:

9.6.1. Pursue any legal remedy available under the Consumer Protection Act through the National Consumer Commission or a competent court;

9.6.2. Institute legal proceedings in a court of competent jurisdiction for any claim not related to the release of the specific funds held by PettyWorx.

10.1. Platform IP. The Platform, its entire contents, features, and functionality (including but not limited to all software, design, text, graphics, and logos) are owned by PettyWorx, its licensors, or other providers and are protected by South African and international copyright, trademark, and other intellectual property laws. The "PettyWorx" name and logo are trademarks of PettyWorx (Pty) Ltd.

10.2. Limited License. Subject to your compliance with this Agreement, PettyWorx grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal, non-commercial use in accordance with these Terms.

10.3. User Content License. By posting, uploading, or submitting User Content to the Platform, you grant PettyWorx a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content solely for the purpose of operating, promoting, and improving the Platform.

10.4. Prohibited Use. You may not copy, modify, create derivative works of, reverse engineer, decompile, or attempt to extract the source code of the Platform or any part thereof.

11.1. Compliance with POPIA. PettyWorx complies with the Protection of Personal Information Act 4 of 2013. Our processing of your Personal Information is governed by our Privacy Policy.

11.2. Consent. By using the Platform, you consent to the collection, use, storage, and processing of your Personal Information as described in the Privacy Policy, which may be updated from time to time.

11.3. User-to-User Data. When you interact with another User, you may receive their Personal Information (e.g., name, phone number, address). You agree to: (i) only use such information for the purpose of fulfilling the Service Contract; (ii) not use it for marketing or unrelated purposes; and (iii) comply with all applicable data protection laws, including POPIA.

12.1. Governing Law. This Agreement, its subject matter, and its formation, are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

12.2. Mandatory Internal Process. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall first be addressed through PettyWorx's customer support channels.

12.3. Mediation. If the dispute is not resolved internally, the Parties agree to attempt to settle it by mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA). The mediation shall be held in Johannesburg, South Africa. The Parties shall share the costs of the mediator equally.

12.4. Court Jurisdiction. If the dispute is not resolved through mediation, or if a Party refuses to participate in mediation, either Party may institute legal proceedings in the High Court of South Africa having jurisdiction or the appropriate Magistrates' Court, based on the cause of action's monetary value. The Parties consent to the jurisdiction of the South African courts located in Johannesburg.

12.5. Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PETTYWORX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.1. Term. This Agreement commences on the date you first use the Platform and continues until terminated in accordance with this clause.

13.2. Termination by User. You may terminate this Agreement at any time by permanently closing your account and ceasing all use of the Platform.

13.3. Termination by PettyWorx. PettyWorx may, in its sole discretion, suspend or terminate your account and access to the Platform immediately, without notice, if: (i) you materially breach this Agreement; (ii) you violate applicable laws; or (iii) we believe such action is necessary to protect the safety, security, or integrity of the Platform or its Users.

13.4. Effect of Termination. Upon termination: (i) your right to use the Platform ceases immediately; (ii) any outstanding payment obligations survive; (iii) clauses 7 (Insurance and Liability), 8 (Indemnification), 10 (Intellectual Property), 12 (Governing Law), and this clause 13.4 shall survive; and (iv) PettyWorx may, but is not obligated to, delete your User Content.

15.1. Entire Agreement. This Agreement, together with the Privacy Policy and Community Guidelines, constitutes the sole and entire agreement between you and PettyWorx regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.

15.2. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

15.3. No Waiver. No failure or delay by PettyWorx in exercising any right or remedy shall constitute a waiver of that or any other right or remedy.

15.4. Assignment. You may not assign or transfer this Agreement without PettyWorx's prior written consent. PettyWorx may assign this Agreement upon notice to you in connection with a merger, acquisition, or sale of all or substantially all of its assets.

15.5. Notices. Notices to you may be sent via email to the address in your account or through the Platform's notification system. Notices to PettyWorx must be sent via registered post to its registered address (below) and via email to legal@pettyworx.co.za.

15.6. Relationship. Nothing in this Agreement shall be deemed or construed to create a partnership, joint venture, agency, or employment relationship between the Parties.

15.7. Third-Party Rights. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the Parties, except as expressly stated.