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Terms of use

Last updated August 9, 2019.

The website located at
www.Greeneasy.co.za (the “Site”) is a copyrighted work belonging
to Green Easy Holdings, Inc. (“Green Easy,” “Us,”Our,”
and/or “We”), and its affiliates, subsidiaries, parent company,
and other related companies. Green Easy provides in-store product
review and ordering services via kiosks at dispensaries, as well as
websites, including Greeneasy.co.za, Green Easy.ca, Green Easy.de,
and related sub-domains, mobile and/or software applications that
host content related to cannabis varieties and related products which
include reviews and ratings provided by its users, directories of
cannabis dispensaries and medical providers, and cannabis-related
news stories and other articles (collectively, with all other
services provided by Green Easy, the “Services”). Certain
features of the Site or Services may be subject to additional
guidelines, terms, or rules, which will be posted on the Site or
Services in connection with such features. All such additional terms,
guidelines, and rules are incorporated by reference into this
Agreement. References to “user,” “you” and “your” refer
to you, a user of our Site and/or Services.

THESE TERMS OF USE (“AGREEMENT”)
SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND
SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE
ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE
THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU
MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF
YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO
NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS
AND/OR USE THE SITE OR SERVICES. IF YOU ARE USING THE SITE OR
SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU
REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF
SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT
TO THIS AGREEMENT.

PLEASE READ THESE TERMS CAREFULLY, AS
THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU
SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION,
AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST
COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL
ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND
DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. IMPORTANT DISCLAIMERS.

ALL INFORMATION CONTAINED ON THE SITE
AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY
GREEN EASY ON ANY WEBSITE, KIOSK, MOBILE APPLICATION, SOCIAL MEDIA
CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR
INFORMATIONAL PURPOSES ONLY. GREEN EASY DOES NOT ENDORSE, AND IS NOT
RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE,
STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES,
INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS (EACH AS DEFINED
BELOW). GREEN EASY IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY
DISPENSARY, RETAIL LOCATION, HEALTH CARE PROVIDER, ANY THIRD-PARTY,
OR OTHER USERS OF THE SITE OR SERVICES. GREEN EASY IS NOT OBLIGATED
TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR
THEIR MENUS, CONTENT, OR DEALS TO DETERMINE WHETHER THEY ARE
QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO
DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION THEY
PROVIDE.

GREEN EASY DOES NOT OFFER MEDICAL
ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR
WITHIN ANY OF GREEN EASY’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR
INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A
SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT
INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR
ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION,
THIRD-PARTY MATERIALS, USER CONTENT, AND GREEN EASY-GENERATED CONTENT
DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND
OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED
VIA GREEN EASY’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED
FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS
CONSULT A QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS
ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL
ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON
THE SITE, SERVICES, OR ON GREEN EASY’S SOCIAL MEDIA PAGES AND
CHANNELS

THE FOREGOING DISCLAIMERS AND
LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS
AND LIMITATIONS ON LIABILITY IN SECTIONS 9 AND 10 OR ELSEWHERE IN
THIS AGREEMENT.

2. ELIGIBILITY AND ACCOUNTS.

2.1 Eligibility. You must be 18 years
of age or a qualified medical marijuana patient to use the Site
and/or Services within South Africa.

2.2 Account Creation. In order to use
certain features of the Site (e.g., to use the Services), you must
register for an account with Green Easy (“Green Easy Account”)
and provide certain information about yourself as prompted by the
Site registration form. You represent and warrant that: (a) all
required registration information you submit is truthful and
accurate; and (b) you will maintain the accuracy of such information
at all times. You may not create more than one Green Easy Account.
Green Easy may suspend or terminate your Green Easy Account in
accordance with Sections 6.4 and 11.

2.3 Account Deletion. You may delete
your Green Easy Account at any time, for any reason, by sending an
email to support@Greeneasy.co.za which includes your Green Easy
Account Username and your request to delete your account.

2.4 Account Responsibilities. You are
responsible for maintaining the confidentiality of your Green Easy
Account login information and are fully responsible for all
activities that occur under your Green Easy Account. You agree to
immediately notify Green Easy of any unauthorized use, or suspected
unauthorized use, of your Green Easy Account or any other breach of
security. Green Easy cannot and will not be liable for any loss or
damage arising from your failure to comply with the above
requirements.

2.5 Social Networking Services.
Alternatively, we may permit you to login to the Site or Service or
otherwise associate your Green Easy Account with your login
credentials from certain social networking sites (e.g., Facebook and
Twitter) (“SNS”). If you log in or otherwise associate your Green
Easy Account with your login credentials from a SNS, we may receive
information about you from such SNS, in accordance with the terms and
conditions (e.g., terms of use and privacy policy) of the SNS (“SNS
Terms”). If you elect to share your information with these SNS, we
will share information with them in accordance with your election.
The SNS Terms of said SNS will apply to the information we disclose
to them.

3. SITE

3.1 License. Subject to the terms of
this Agreement, Green Easy grants you a non-transferable,
non-exclusive license to use the Site and Services for your personal,
non-commercial use. Subject to the terms of this Agreement, Green
Easy grants you a non-transferable, non-exclusive license to install
and use the software Green Easy makes available for mobile devices
(“Mobile App”), in executable object code format only, solely on
your own handheld mobile device and for your personal, non-commercial
use. As used in this Agreement, the term “Services” includes the
Mobile App.

3.2 Certain Restrictions. The rights
granted to you in this Agreement are subject to the following
restrictions: (a) you shall not license, sell, rent, lease, transfer,
assign, distribute, host, or otherwise commercially exploit the Site
or Services; (b) you shall not modify, make derivative works of,
disassemble, reverse compile or reverse engineer any part of the Site
or Services; (c) you shall not access the Site or Services in order
to build a similar or competitive service; and (d) except as
expressly stated herein, no part of the Site or Services may be
copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means. Any future
release, update, or other addition to functionality of the Site or
Services shall be subject to the terms of this Agreement. All
copyright and other proprietary notices on any Site or Services
content must be retained on all copies thereof.

3.3 Modification. Green Easy reserves
the right, at any time, to modify, suspend, or discontinue the Site
or Services or any part thereof with or without notice. You agree
that Green Easy will not be liable to you or to any third party for
any modification, suspension, or discontinuance of the Site or
Services or any part thereof.

3.4 Ownership. Excluding User Content,
you acknowledge that all the intellectual property rights in the Site
and Services are owned by Green Easy or Green Easy’s licensors. The
provision of the Site and Services does not transfer to you or any
third party any rights, title, or interest in or to such intellectual
property rights. Green Easy and its suppliers reserve all rights not
granted in this Agreement.

4. COMMUNICATIONS

4.1 Text Messaging. By using the
Services or Software, you agree and consent to Green Easy and those
acting on its behalf sending you text (SMS) messages at the phone
number you provided us. These messages may include operational
messages about your use of the Services, as well as marketing or
other promotional messages. Messages from Green Easy, its affiliated
companies and necessary third-party service providers, may include
but are not limited to: operational communications concerning your
User account or use of the Services, updates concerning new and
existing features on Green Easy, communications concerning promotions
run by us or our third-party partners, and news concerning Green Easy
and industry developments. Standard text messaging charges applied by
your cell phone carrier will apply to text messages we send. Your
agreement to receive promotional texts is not a condition of purchase
of any goods or services offered by Green Easy. If you change or
deactivate the phone number you provided to Green Easy, you must
update your account information to help prevent us from inadvertently
communicating with anyone who acquires your old number. You agree
that texts, calls, or prerecorded messages may be generated by
automatic telephone dialing systems and hereby waive your right to
pursue any claims arising under the Telephone Consumer Protection Act
(“TCPA”). To the extent any claim under the TCPA is deemed
un-waivable, you agree that by using the Services or accessing the
Site, you are agreeing that any such un-waivable claim arising under
the TCPA will be arbitrated on an individual, not class or
representative, basis, as set forth in Paragraph 13.

4.2 Opt-Out. By signing this agreement,
you are agreeing to receive text messages until you opt-out. You may
opt out of receiving promotional text messages from Green Easy at any
time by replying STOP to a promotional text message from Green Easy.
You may opt-out of receiving all text messages from Green Easy at any
time by deleting your account or by replying STOP to any text message
from Green Easy. NOTE: if you opt-out of receiving all text messages
from Green Easy, you will not be able to use certain Services without
agreeing to receive operational text messages. You may continue to
receive text messages for a short period while Green Easy processes
your request, and you may also receive text messages confirming the
receipt of your opt-out request. By signing this agreement, you are
waiving your right to pursue any claims arising under the TCPA
related to any messages sent to you while the opt-out request is
pending. To the extent any claim under the TCPA is deemed
un-waivable, you agree that by using the Services or accessing the
Site, you are agreeing that any such un-waivable claim arising under
the TCPA will be arbitrated on an individual, not class or
representative, basis, as set forth in Paragraph 13.

4.3 Opting Back In. You may opt back
into receiving text messages from Green Easy at any time by replying
START to a text message from Green Easy.

4.4 Push Notifications. When you
install our Mobile App on your mobile device you agree to receive
push notifications, which are messages an app sends you on your
mobile device even when the Mobile App is not on. You can turn off
notifications by visiting your mobile device’s \”settings\”
page.

4.5 Email. You agree that we may send
you emails concerning our products and services, as well as those of
third parties. You may opt-out of promotional emails by following the
unsubscribe instructions in a promotional email.

5. USER CONTENT

5.1 User Content. “User Content”
means any and all information and content that a user submits to, or
uses with, the Site or Services, including without limitation,
content in the user’s profile, user reviews and/or postings. You
acknowledge and agree that Green Easy is not responsible for any User
Content, including its accuracy, completeness, timeliness, validity,
copyright compliance, legality, decency, quality, or any other aspect
thereof. Green Easy does not assume and will not have any liability
or responsibility to you or any other person or user for your use or
misuse of any User Content.

5.2 User Content – Restrictions. You
agree not to use the Site, Services, or any of Green Easy’s social
media pages or channels to collect, upload, transmit, display, or
distribute any User Content that (a) violates any third-party right,
including any copyright, trademark, patent, trade secret, moral
right, privacy right, right of publicity, or any other intellectual
property or proprietary right; (b) is unlawful, harassing, abusive,
tortious, threatening, harmful, invasive of another’s privacy,
vulgar, defamatory, false, intentionally misleading, trade libelous,
pornographic, obscene, patently offensive (e.g., material that
promotes racism, bigotry, hatred, or physical harm of any kind
against any group or individual) or otherwise objectionable material
of any kind or nature; or (c) in violation of any law, regulation, or
obligations or restrictions imposed by any third-party.

5.3 User Content – Your
Responsibilities. You are solely responsible for your User Content.
You assume all risks associated with use of your User Content,
including any reliance on its accuracy, completeness or usefulness by
others, or any disclosure of your User Content that makes you or any
third-party personally identifiable. You hereby represent and warrant
that your User Content does not violate the Acceptable Use Policy
(defined below). You may not state or imply that your User Content is
in any way provided, sponsored, or endorsed by Green Easy. You
acknowledge and agree that Green Easy is not responsible for any User
Content, including its accuracy, completeness, timeliness, validity,
copyright compliance, legality, decency, quality, or any other aspect
thereof. Green Easy does not assume and will not have any liability
or responsibility to you or any other person or user for your use or
misuse of any User Content. Because you alone are responsible for
your User Content (and not Green Easy), you may expose yourself to
liability if, for example, your User Content violates the Acceptable
Use Policy or other applicable laws. Green Easy is not obligated to
backup any User Content and User Content may be deleted at any time.
You are solely responsible for creating backup copies of your User
Content, if you desire.

5.4 License. You hereby grant, and you
represent and warrant that you have the right to grant, to Green Easy
an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide
license to reproduce, distribute, publicly display and perform,
prepare derivative works of, incorporate into other works, and
otherwise use your User Content, and to grant sublicenses of the
foregoing, solely for the purposes of including your User Content in
the Site and Services. You agree to irrevocably waive (and cause to
be waived) any claims and assertions of moral rights or attribution
with respect to your User Content.

5.5 Feedback. If you provide Green Easy
any feedback or suggestions regarding the Site or Services
(“Feedback”), you hereby assign to Green Easy all rights in the
Feedback and agree that Green Easy shall have the right to use such
Feedback and related information in any manner it deems appropriate.
Green Easy will treat any Feedback you provide to Green Easy as
non-confidential and non-proprietary. You agree that you will not
submit to Green Easy any information or ideas that you consider to be
confidential or proprietary.

6. ACCEPTABLE USE POLICY.

The following sets forth Green Easy’s
“Acceptable Use Policy”:

6.1 Reviews. You must have a valid
account and email address to leave a review on Green Easy. Prior to
posting a review, you will need to verify your email address
associated with your Green Easy account. You agree not to post
reviews on the Site, Services, or any of Green Easy’s social media
pages or channels that are not based upon your personal experience or
are otherwise designed for any purpose other than providing other
users on the Site with an accurate description of your personal
experience. Reviews based on second-hand, non-personal experience are
not allowed. In addition to the other restrictions contained in the
Acceptable Use Policy, reviews posted on the Site, Services, or any
of Green Easy’s social media pages or channels must not: (a) be
written exclusively in capital letters; (b) be plagiarized; (c)
contain spam, advertisements, and/or links to external websites; (d)
contain disparaging information about any Dispensary employees or any
other person, (e) contain overly detailed or sexual descriptions of
an individual’s physical appearance, or lewd personal attacks
against a specific individual or group of individuals affiliated with
the Dispensary, (f) contain references to Dispensaries or competitors
other than the product or Dispensary being reviewed, or (g) contain
unrelated personal grievances. If you are an owner, volunteer, or
employee of a Dispensary you may not post reviews about your
Dispensary or products or about your competitors’ Dispensary or
products. As an owner of a Dispensary, you are responsible for
moderating and enforcing the Acceptable Use Policy on all reviews
posted to your Dispensary page.

6.2 Photos. Image files must
exclusively feature the products they illustrate and must not include
body parts, messy or cluttered backgrounds, product wrapping,
currency, paraphernalia, brand names, or other any objects other than
the product itself. Image files must be clear and must not be blurry,
fuzzy, or contain any flash reflections. Products should be centred
in the image file. Image files must contain an accurate depiction of
the product they illustrate. Image files cannot contain pornography
or other graphic images and must otherwise abide by the guidelines
set forth in this Section 6.

6.3 Technological Restrictions. In
addition, you agree not to use the Site or Services to: (a) upload,
transmit, or distribute any computer viruses, worms, or any software
intended to damage or alter a computer system or data; (b) send
unsolicited or unauthorized advertising, promotional materials, junk
mail, spam, chain letters, pyramid schemes, or any other form of
duplicative or unsolicited messages, whether commercial or otherwise;
(c) harvest, collect, gather or assemble information or data
regarding other users, including e-mail addresses, without their
consent; (d) interfere with, disrupt, or create an undue burden on
servers or networks connected to the Site or Services or violate the
regulations, policies or procedures of such networks; (e) attempt to
or impersonate another user or Green Easy or gain unauthorized access
to the Site or Services, other computer systems or networks connected
to or used together with the Site or Services, through password
mining or other means; (f) harass or interfere with another user’s
use and enjoyment of the Site or Services; or (g) introduce software
or automated agents or scripts to the Site or Services so as to
produce multiple accounts, generate automated searches, requests and
queries, or to strip, scrape, or mine data from the Site or Services.

6.4 Monitoring, Suspension, and
Termination. We reserve the right (but have no obligation) to review
any User Content (including any image files or reviews), investigate,
and/or take appropriate action against you in our sole discretion
(including removing or modifying your User Content, terminating your
Green Easy Account in accordance with Section 11, and/or reporting
you to law enforcement authorities) if we in our sole discretion
suspect that you have violated the Acceptable Use Policy or any other
provision of this Agreement or otherwise create liability for us or
any other person.

7. INDEMNITY.

You agree to indemnify and hold Green
Easy (and its officers, employees, and agents) harmless from any and
all losses, damages, liabilities, claims, actions, judgments, awards,
penalties, fines, costs and/or expenses (including reasonably
attorneys’ fees) arising from or relating to any claim or demand
made by any third party due to or arising out of (i) your use or
misuse of the Site or Services, (ii) your User Content, (iii) your
violation of this Agreement; or (iv) your violation of applicable
laws or regulations. Green Easy reserves the right, at your expense,
to assume the exclusive defense and control of any matter for which
you are required to indemnify us and you agree to cooperate with our
defense of these claims. You agree not to settle any matter without
the prior written consent of Green Easy. Green Easy will use
reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it.

8. THIRD-PARTY INTERACTIONS;
THIRD-PARTY MATERIALS; DEALS; MENUS; OTHER USERS; RELEASE.

8.1 Third-Party Interactions. During
use of the Site or Service, you may enter into correspondence with,
purchase goods and/or services from, or participate in promotions of
third-party service providers, advertisers, or sponsors showing their
goods and/or services through the Service. In particular, Green Easy
is not a party to any transaction that you may enter into with a
third-party. Any such activity, and any terms, conditions,
warranties, or representations associated with such activity, is
solely between you and the applicable third-party. Green Easy shall
have no liability, obligation or responsibility for any such
correspondence, purchase, transaction, or promotion between you and
any such third-party. You agree that it is your responsibility to
take reasonable precautions in all actions and interactions with any
third party you interact with through the Service.

8.2 Third-Party Materials. The Site or
Services might display, include, or make available third-party
content (including data, information, articles applications or other
products, services and/or materials) or contain links to third party
websites, services, and advertisements for third parties such as
Deals and dispensary Menus, including pricing, product names, and
product descriptions each Menu (defined below) (collectively,
“Third-Party Materials”). You acknowledge and agree that Green
Easy is not responsible for Third-Party Materials, including their
accuracy, completeness, timeliness, validity, copyright compliance,
legality, decency, quality or any other aspect thereof. Green Easy
does not assume and will not have any liability or responsibility to
you or any other person or user for any Third-Party Materials.
Third-Party Materials and links thereto are provided solely as a
convenience to you and you access and use them entirely at your own
risk. When you link to a Third-Party Material, the applicable third
party’s terms and policies apply, including the third party’s
privacy and data gathering practices. You should make whatever
investigation you feel necessary or appropriate before proceeding
with any transaction in connection with such Third-Party Material.

8.3 Deals. The Site or Services might
display, include, or make available coupons, promotional codes,
giveaways, samples, and other offers from listed dispensaries
(collectively, “Deals”). Deals constitute “Third Party
Materials” under this Agreement. Green Easy displays these Deals on
the Site and Services as a form of advertisement for the listing
dispensary (the “Offeror”) only. All Deals are offered directly
by the applicable Offeror, and may be subject to additional terms,
conditions, or restrictions of the Offeror or under applicable law,
whether or not such additional terms, conditions, or restrictions are
expressly included on the Site or Services. The Offeror, and not
Green Easy, is solely responsible for: (a) redemption of the Deal;
(b) compliance of all aspects of the Deal with applicable law
(including without limit, the advertisement, redemption, and terms,
conditions and restrictions related thereto); (c) all goods and
services it provides to you in connection with the Deal; and (d) all
injuries, illnesses, damages, claims, liabilities and costs it may
cause you to suffer, directly or indirectly, in full or in part,
whether related to the use or redemption of a Deal or not.

8.4 Other Users. Each user of the Site
or Services is solely responsible for any and all of its User Content
and Third-Party Materials. Because we do not control User Content
and/or Third-Party Materials, you acknowledge and agree that we are
not responsible for any User Content and/or Third-Party Materials, we
make no guarantees regarding the accuracy, currency, suitability, or
quality of any User Content and/or Third-Party Materials, and we
assume no responsibility for any User Content and/or Third-Party
Materials. Your interactions with other Site or Service users
(including Dispensaries) are solely between you and such user. You
agree that Green Easy will not be responsible for any loss or damage
incurred as the result of any such interactions. If there is a
dispute between you and any Site or Service user, we are under no
obligation to become involved.

8.5 Release. In consideration of your
use of the Site and Services, you hereby release and forever
discharge Green Easy (and our officers, employees, agents,
successors, and assigns) from, and hereby waive and relinquish your
rights with respect to, each and every past, present and future
dispute, claim, controversy, demand, right, obligation, liability,
action and cause of action of every kind and nature (including claims
related to privacy, receipt of text messages, personal injuries,
death, and property damage), known or unknown, that has arisen or
arises directly or indirectly out of, or relates directly or
indirectly to, any interactions with, or act or omission of, other
Site or Service users, Third-Party Interactions, or Third-Party
Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE
CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING,
WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If you are a
non-California resident, you hereby agree that the release above
applies to all claims, including claims you did not know existed at
the time you signed this Agreement.

9. DISCLAIMERS

THE SITE AND SERVICES ARE PROVIDED
“AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS)
EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY,
OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GREEN EASY (AND
OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL
MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE,
RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR
SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU

10. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL GREEN EASY (AND OUR SUPPLIERS) BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES
ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR
INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE
AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, GREEN EASY’S (AND OUR SUPPLIERS’) LIABILITY TO
YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL
AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50)
OR (B) AMOUNTS YOU’VE PAID GREEN EASY IN THE PRIOR 12 MONTHS (IF
ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS
LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION
TO JURISDICTION.

11. TERM AND TERMINATION.

Subject to this Section, this Agreement
will remain in full force and effect while you use the Site or
Services. We may (a) suspend your rights to use the Site and/or
Services (including your Green Easy Account) or (b) terminate this
Agreement, at any time for any reason at our sole discretion,
including for any use of the Site or Services in violation of this
Agreement. Upon termination of this Agreement, your Green Easy
Account and right to access and use the Site and Services will
terminate immediately. You understand that any termination of your
Green Easy Account involves deletion of your User Content associated
therewith from our Site, Services, and live databases. Green Easy
will not have any liability whatsoever to you for any termination of
this Agreement, including for termination of your Green Easy Account
or deletion of your User Content. Even after this Agreement is
terminated, the following provisions of this Agreement will remain in
effect: Sections 3.2-3.4, 4–14.

12. COPYRIGHT POLICY.

Green Easy respects the intellectual
property of others and asks that users of our Site and Services do
the same. In connection with our Site and Services, we have adopted
and implemented a policy respecting copyright law that provides for
the removal of any infringing materials and for the termination, in
appropriate circumstances, of users of our Site and Services who are
repeat infringers of intellectual property rights, including
copyrights. If you believe that one of our users is, through the use
of our Site and Services, unlawfully infringing the copyright(s) in a
work, and wish to have the allegedly infringing material removed, the
following information in the form of a written notification by email:

12.1 Your physical or electronic
signature;

12.2 Identification of the copyrighted
work(s) that you claim to have been infringed;

12.3 Identification of the material on
our services that you claim is infringing and that you request us to
remove;

12.4 Sufficient information to permit
us to locate such material;

12.5 Your address, telephone number,
and e-mail address;

12.6 A statement that you have a good
faith belief that use of the objectionable material is not authorized
by the copyright owner, its agent, or under the law; and

12.7 A statement that the information
in the notification is accurate, and under penalty of perjury, that
you are either the owner of the copyright that has allegedly been
infringed or that you are authorized to act on behalf of the
copyright owner.

13. ARBITRATION AGREEMENT AND JURY
TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.

Except for disputes brought in small
claims court, all disputes between you and Green Easy arising out of,
relating to or in connection with the Site or Services shall be
exclusively settled through binding arbitration pursuant to the
then-current rules of the American Arbitration Association (“AAA”)
for commercial arbitration and not in court. This agreement to
arbitrate applies to any claim brought under the laws of any state or
national government, including claims under the Telephone Consumer
Protection Act of 1991, the Federal Trade Commission Act, the
Consumer Product Safety Act, or any other federal, state or local law
or ordinance. There is no judge or jury in arbitration and you are
agreeing to waive your right to pursue claims in court to the
greatest extent permitted by law. Arbitration procedures are simpler
and more limited than rules applicable in court and review by a court
is limited. YOU AND GREEN EASY AGREE THAT ANY SUCH ARBITRATION SHALL
BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED
OR REPRESENTATIVE ACTION. Notwithstanding any provision in this
Agreement to the contrary, if the class and representative-action
waiver in the prior sentence is deemed invalid or unenforceable,
however, neither you nor we are entitled to arbitration, and any
class or representative-action claims shall proceed in a court of
competent jurisdiction in King County, Washington. This arbitration
agreement is entered into and enforceable pursuant to the Federal
Arbitration Act. The arbitrator’s award may be entered in any court
of competent jurisdiction. Notwithstanding any provision in this
Agreement to the contrary, we agree that if Green Easy makes any
future change to this dispute resolution provision, it will not apply
to any individual claim(s) about which you had already provided
notice to Green Easy. Information on AAA and how to start arbitration
can be found at www.adr.org or by calling 800-778-7879. If the
arbitration in this Section provision is found unenforceable or to
not apply for a given dispute, then the proceeding must be brought
exclusively in a court of competent jurisdiction in King County,
Washington. You hereby accept the exclusive jurisdiction of such
court for this purpose. To the extent enforceability of this
Agreement requires reference to any state law, the Parties agree such
reference shall be to the laws of the State of Washington without
regard to conflict of law provisions.

13.1 Pre-Arbitration Dispute
Resolution. Prior to resorting to formal dispute resolution
procedures, you hereby agree to try to resolve disputes amicably and
efficiently by emailing customer support at support@Greeneasy.co.za.
Any communication to us regarding any dispute you have must be sent
within ninety calendar days of the date of the event giving rise to
the dispute. You agree that engaging in this pre-arbitration dispute
resolution procedure is a prerequisite to initiating a complaint in
arbitration or any other form. If pre-arbitration dispute resolution
efforts prove unsuccessful, a party who intends to seek arbitration
must first send to the other, by certified mail, a written Notice of
Dispute (“Notice”) within ninety calendar days of the date on
which the parties agree that the pre-arbitration dispute resolution
has failed. The Notice to us should be sent to the address identified
in Section 14.6 below. You hereby agree that failure to follow any of
the steps outlined in this paragraph operates as a waiver of your
right to pursue your claims in arbitration or any other forum.

13.2 Confidentiality. All aspects of
the arbitration proceeding, and any ruling, decision, or award by the
arbitrator, will be strictly confidential for the benefit of all
parties.

13.3 Future Changes to Arbitration
Agreement. Notwithstanding any provision in these Terms to the
contrary, we agree that if it makes any future change to this
Arbitration Agreement (other than a change to the Notice Address)
while you are a user of the Service, you may reject any such change
by sending us written notice within thirty (30) calendar days of the
change to the Notice Address provided in Section below. By rejecting
any future change, you are agreeing that you will individually
arbitrate any dispute between us in accordance with the language of
this Arbitration Agreement as of the date you first accepted these
Terms (or accepted any subsequent changes to these Terms).

14. GENERAL

14.1 No Support or Maintenance. You
acknowledge and agree that Green Easy will have no obligation to
provide you with any support or maintenance in connection with the
Site or Services.

14.2 Changes to Terms of Use. We may
amend these Terms at any time in our sole discretion. If we do so, we
will post the modified Terms on the Service. The modifications will
be effective immediately. You agree to review these Terms
periodically so that you are aware of any modifications. Continued
use of our Site or Services following notice of such changes shall
indicate your acknowledgement of such changes and agreement to be
bound by the terms and conditions of such changes.

14.3 Copyright/Trademark Information.
Copyright © 2016, Green Easy Holdings, All rights reserved. Green
Easy®; the Green Easy logo; the Green Easy green, white, black and
gold colours used in combination. You are not permitted to use Green
Easy’s Marks or any third-party marks displayed on our site without
prior written consent from, respectively, Green Easy Holdings., or
the owners of such third-party marks.

14.5
Miscellaneous. This Agreement constitutes the entire agreement
between you and us regarding the use of the Site and Services. Our
failure to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision,
nor shall any single or partial exercise by Green Easy of any right
or power hereunder preclude further exercise of that or any other
right hereunder. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. The word
“including” means “including without limitation.” If any
provision of this Agreement is, for any reason, held to be invalid or
unenforceable, the other provisions of this Agreement will be
unimpaired and the invalid or unenforceable provision will be deemed
modified so that it is valid and enforceable to the maximum extent
permitted by law. Nothing contained herein shall be construed to
establish an employment, partnership, or joint venture relationship
between you and Green Easy. This Agreement, and your rights and
obligations herein, may not be assigned, subcontracted, delegated, or
otherwise transferred by you without Green Easy’s prior written
consent, and any attempted assignment, subcontract, delegation, or
transfer in violation of the foregoing will be null and void. The
terms of this Agreement shall be binding upon assignees.

14.6 Green Easy Contact Information:
hello@greeneasy.co.za