User agreeemnt policy, last updated 05 July 2018

Introduction

When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Payment Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.
You agree that by clicking “Register”, “Login”, “Send Request” or similar, registering, applying, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Toostay (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Register/login” (or similar) and do not access or otherwise use any of our Services. Your use of our Services is also subject to our Privacy Policy.


Services

This Contract applies to toostay.com and other toostay-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both.

1.1 Toostay

You are entering into this Contract with Toostay (also referred to as “we” and “us”). If you reside in the Republic of South Africa or outside of the Republic of South Africa, you are entering into this Contract with Toostay Pty Ltd. and your personal data provided to, or collected by or for, our Services is controlled by Toostay Pty Ltd .

1.2 Members and Visitors

When you register and join Toostay Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a visitor.

1.3 Change

We may modify this Contract, our Privacy Policy and our Payment Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account by emailing us request to close your account or your account becomes inactive after two years. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

2. Obligations

2.1 Serivce Eligibility

Here are some promises you make to us in this Contract: You’re eligible to enter into this Contract and you are at least our “Minimum Age.” The Services are not for use by anyone under the age of 16. To use the Services, you agree that: (1) You must be the “Minimum Age” (described below) or older; (2) You will only have one Toostay account, which must be in your real name; and (3) you are not already restricted by Toostay from using the Services. Members who were below the Minimum Age when they started using the Services under a previous User Agreement may continue to use them, as they have already reached the new Minimum Age since then or will reach it in the near future. “Minimum Age” means 16 years old. However, if law requires that you must be older in order for Toostay to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account

You’ll keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account. You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. your employer deposit funds into your account), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

2.3 Payment

You’ll honour your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. We don't guarantee refunds. If you pay for any of our services, you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that: Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You can request a copy of your purchase, payment by emailing us at enquires@toostay.com.

Fundes deposited on to your toostay account are non-refundable.

2.4 Notices and Service Messages

You’re okay with us providing notices to you through our websites, apps, and contact information you provided to us. If the contact information you provide is out of date, you may miss out on important notices. You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

2.5 Sharing

We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

3 Rights and limits

3.1 Your License to Toostay

You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it. We’ll honour the choices you make about who gets to see your information and content. You promise to only provide information and content that you have the right to share, and that your Toostay profile will be truthful. As between you and Toostay, you own the content and information that you submit or post to the Services and you are only granting Toostay and our affiliates the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways: 1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems. 2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, as noted in the Privacy Policy. 3. We will get your consent if we want to give third parties the right to publish your information beyond the Service. 4. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression. 5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others. You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding our Services to Toostay, you agree that Toostay can use and share (but does not have to) such feedback for any purpose without compensation to you. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your account information will be truthful. Toostay may be required by law to remove certain information or content in certain countries

3.2 Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve provided. Toostay is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Limits

We have the right to limit how you connect and interact on our Services. Toostay reserves the right to limit your use of the Services, including the number of your programmes you can join and your ability to contact other members. Toostay reserves the right to restrict, suspend, or terminate your account if Toostay believes that you may be in breach of this Contract or law or are misusing the Services.

3.4 Intellectual Property Rights

We’re providing you notice about our intellectual property rights. Toostay reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are be the trademarks of their respective owners. Toostay, and “in” logos and other Toostay trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Toostay.

5. Termination

We can each end this Contract anytime we want. Both you and Toostay may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: Our rights to use and disclose your feedback; Sections 6 and 7 of this Contract; Any amounts owed by either party prior to termination remain owed after termination.

6. Dispute Resolution

In the unlikely event we end up in a legal dispute, we agree to resolve it in South African courts (using South African law).

7. General Terms

Here are some important details about how to read the Contract. If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don't act to enforce a breach of this Contract, that does not mean that Toostay has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Toostay may assign this Contract to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Contract. We reserve the right to change the terms of this Contract without notifying you or others. If you don't agree to these changes, you must stop using the Services. You agree that the only way to provide us legal notice is at the addresses provided in Section 10

8. Toostay "Dos" and "Don'ts"

You agree that you will: a) Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; b) Provide accurate information to us and keep it updated; c) Use your real name on your account; d) Use the Services in a professional manner. 8.2. Don’ts You agree that you will not: a) Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory; b) Create a false identity on Toostay. c) Misrepresent your identity (e.g. by using a pseudonym),your identity number, qualifications or affiliations with a person or entity; d) Create a Member profile for anyone other than yourself (a real person), other than being in the capacity of an agent; e) Use or attempt to use another's account; f) Harass, abuse or harm another person; g) Bypass or circumvent any access controls or Service use limits (such as caps on keyword searches); h) Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Toostay; i) Use, disclose or distribute any data obtained in violation of this policy; j) Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer)); k) Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights; l) Create profiles or provide content that promotes escort services or prostitution. m) Create or operate a pyramid scheme, fraud or other similar practice; n) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source; o) Imply or state that you are affiliated with or endorsed by Toostay without our express consent (e.g., representing yourself as an accredited Toostay Representative); p) Rent, lease, loan, trade, sell/re-sell access to the Services or related data; q) Sell, sponsor, or otherwise monetize any Service without Toostay’s consent; r) Remove any copyright, trademark or other proprietary rights notices contained in or on our Service; s) Monitor the Services’ availability, performance or functionality for any competitive purpose; t) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; u) Access the Services except through the interfaces expressly provided by Toostay, such as its mobile applications, Toostay.com; v) Use a Service for tasks that it is not intended for; w) Override any security feature of the Services; x) Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);

9. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We will provide a policy and process for complaints concerning content posted by our Members.

10. How to Contact Us

If you want to send us notices or service of process, please contact us: PO BOX 9822 Rustenburg 0300 Email: enquires@toostay.com Physical Address 23A Pilanesberg Street Karlienpark Rustenburg South Africa 0299


Privacy Policy, last updated 05 July 2018

Introduction

This Privacy Policy explains how we collect, use, process, and disclose you information across the toostay platform. When this policy mentions “Toostay,” “we,” “us,” or “our,” it refers to the Toostay Company that is responsible for your information under this Privacy Policy (“the Data Controller”). When this policy mentions “owners”, it refers to the Property Owners/Agencies/Companies/Govenment members registers on Toosaty whether verified or not. • If you reside in the Republic of South Africa or outside of the Republic of South Africa, the Data Controller is Toostay Pty Ltd. If you change your place of residence, the Data Controller will be determined by your new place of residence as specified above, from the date on which your place of residence changes.


1. INFORMATION WE COLLECT

There are three general categories of information we collect. 1.1 Information You Give Us.
We collect information you share with us when you use the Toostay Platform.


• Account Information.
When you register for a Toostay Account or send a request, we require certain information such as your name, email address, and date of birth etc.

• Profile Information.
We may also ask you to complete a profile through the application, which may include your address, phone number, and gender etc. Certain parts of your profile (like your profile picture, first name, and last name) are a part of your public profile page, and will be publicly visible to members (but only when necessary), and partners of Toostay for a particular purpose.
• Other Authentication-Related Information. To help create and maintain a trusted environment, we may collect identification (like a photo of your government-issued ID, proof of ownership of property, copy of FSB license) or other authentication information.

• Payment Information.
We collect your financial information (like your bank account or credit card information) when you use the Payment Services to process payments.
• Communications with Toostay and other Members. When you communicate with Toostay or use the Toostay Platform to communicate with other Members, we collect information about your communication and any information you choose to provide.

1.2 Information We Automatically Collect from Your Use of the Toostay Platform.
When you use the Toostay Platform, we collect information about the services you use and how you use them.
• Usage Information. We collect information about your interactions with the Toostay Platform, such as every time you log in and track your progress on each task and all the information you or we enter on to the platform.
• Transaction Information. We collect information related to your transactions on the Toostay Platform, including the date and time, amounts charged, and other related transaction details.

1.3 Information We Collect from Third Parties.
We may collect information that others provide about you when they use the Toostay Platform, or obtain information from other sources and combine that with information we collect through the Toostay Platform.
• Background Information. For Members in the Republic of South Africa, to the extent permitted by applicable laws, Toostay may obtain reports from public records of criminal convictions or sex offender registrations. For Members outside of the Republic of South Africa, to the extent permitted by applicable laws, Toostay may obtain the local version of background or registered sex offender checks. We may use your information, including your full name and identity number, to obtain such reports.
• Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Toostay Platform through partnerships, or about your experiences and interactions from our partner ad networks.


2. HOW WE USE INFORMATION WE COLLECT

We use, store, and process information about you to provide to process your applications, payments and all other related services offered by Toostay and the Toostay Platform, and to create and maintain a trusted and safer environment.

2.1 Create and Maintain a Trusted and Safer Environment.

• Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
• Conduct investigations and risk assessments.
• Verify or authenticate information or identifications provided by you (such as to verify your company registration number or compare your identification photo to another photo you provide).
• Conduct checks against databases and other information sources.
• Comply with our legal obligations.
• Resolve any disputes with any of our users and enforce our agreements with third parties.
• Enforce our User Agreement, Payments Terms, and other policies.

2.2 Provide, Personalize, Measure, and Improve our Advertising and Marketing.

• Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your communication preferences (including information about Toostay or partner campaigns and services).
• Personalize, measure, and improve advertising.
• Administer referral programs, commissions, rewards, surveys, contests, or other promotional activities or events sponsored or managed by Toostay or its third party business partners.


3. SHARING & DISCLOSURE

3.1 Sharing between other members. To help facilitate student allocations for the accommodation programme, we may share your information with other Members as follows:

• When you as a student (“Tenant”) submit your request for accommodation, certain information about you is shared with the Property Owner (and Agent/or Property Management Staff, if applicable), including your full name, your request details, your cancellation history, and other information you agree to share by applying based on your user agreement policy. When your accommodation is confirmed, we will disclose additional information to assist with coordinating the move-in process, like your phone number, email address.
• When you as a Property Owner (and Agent/or Property Management Staff, if applicable), have a confirmed accommodation booking, certain information is shared with the student (“Tenant”) to coordinate the student allocation, such as your full name, phone number, and Accommodation physical address.
• When you as a Property Owner invite another Member to become an Agent/Representative of your property, you need to authorize the Agent/Representative to access your information and Member Content, including but not limited to certain information like your full name, phone number, Accommodation address, and email address. We don’t share your billing and pay-out information with other Members.

3.2 Service Providers.
We use a variety of third party service providers to help us provide services related to the Toostay Platform. Service providers may be located inside or outside of the Republic of South Africa. For example, service providers may help us: (i) verify or authenticate your identification, (ii) check information against public databases, (iii) assist us with background checks, fraud prevention, and risk assessment, or (iv) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually obligated to use it consistent with this Privacy Policy.

3.3 Toostay Payments.
Toostay may share your personal information to: (i) provide the Payment Services, (ii) facilitate your use of the Toostay Platform, and (iii) jointly market products or services to you with other financial third parties with whom Toostay Payments has a formal agreement.

3.4 Safety and Compliance with Law.
Toostay may disclose your information to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required to do so by law or if such disclosure is reasonably necessary: (i) to comply with legal process and to respond to claims asserted against Toostay, (ii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iii) to enforce and administer our Terms of Service or other agreements with Members, (iv) for fraud investigation and prevention, risk assessment, customer support, product development and debugging purposes, or (v) to protect the rights, property or personal safety of Toostay, its employees, its Members, or members of the public. We will attempt to notify Members about these requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Toostay’s property, its Members and the Platform (collectively, “Risk Scenarios”). In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so and that no Risk Scenarios apply.

3.5 Business Transfers.
If Toostay undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information. In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

3.6 Aggregated Data.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and non-personally identifiable information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

3.7 To help facilitate the employment programme service

• When you as a potential candidate sends a request for employment. certain information about you is shared with the members (verified recruitment agencies/ businesses) part of the programme, include your full name and details of our request.
• When you as a potential employer views a request for employment and request a cv, certain information is shared the potential canditate to coordintate the communication process such as full name and contact details.


4. OTHER IMPORTANT INFORMATION

4.1 Analysing your Communications.
We may review, scan, or analyse your activities on the Toostay Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyse messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyse messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools.


5. YOUR CHOICES

If your personal information that we hold is inaccurate, let us know and we will update the relevant information. You may also request the erasure of your personal information in accordance with the relevant data protection legislation. We will notify you within 40 days of your valid request about the relevant action taken.


6. SECURITY

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. However, the Internet is not a 100% secure environment so we can’t guarantee the security of the transmission or storage of your information.


7. CHANGES TO THIS PRIVACY POLICY

Toostay reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Toostay Platform and update the “Last Updated” date at the top of this Privacy Policy. If you disagree with the revised Privacy Policy, you may cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access or use of the Toostay Platform will constitute acceptance of the revised Privacy Policy.



Payment policy, last updated 12 July 2018

1. Introduction

This policy is applicable to all individuals and businesses that uses the services of Toostay (Pty) Ltd. This policy explains how Toostay (Pty) Ltd collects and processes the payments received.

2. Terms and definitions

Toostay refers to the Toostay company that is responsible for the collection and processing of payments and data collection.
Members refers to all individuals and businesses that are registered on the Toostay platform, whether verified or not.

Toostay platform refers to the online systems under which Toostay (Pty) Ltd conducts services.

3. Purpose

The purpose of this policy is to give guidance on all payments made by members for all the services offered by Toostay.

4. Deposits

All funds deposited to Toostay are none refundable.
This funds once deposited or transfered and after they have been cleared, will reflect the the relevent members account.

5. Account deductions

When a member views a request for the first time. A amount relevant to the type of request will be deducted from the Toostay account of the member.
Once a deduction has been made, it will not be reserved.

6. Account balance

The account balance of a user will remain unchanged if no requests are viewed or no additional paid services have been requested by the member.
This may include but not limited to services such as account verification.

7. Reserve payments

Should a member reserve a deposit/transfer of funds or a staff member reserve a payment of members account due to human error. The amount reserved will be deducted from the account balance of the member.
Toostay serves the right to not notify the user of such payments reserved unless where necessary.

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8. Disclaimer and limit of liability

i) No Warranty
Toostay (its affiliates and its service providers) disclaimer of legal liability for the quality, safety, or reliability of services provided to the extent allowed by law: a. Disclaim all implied warranties and representations (e.g. accuracy of data and non-infringement) b. Do not guarantee that the services will function without interruption or errors, and c. Provide the service (including content and information) on an “as is” and “as available” basis.
ii) Exclusion of Liability
Toostay (its affiliates and its service providers), to the extent allowed by law, shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damage, or any loss of data, loss of life, loss of opportunities, loss of reputation, loss of profits/revenue and any related services. (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, your information or content) unless a separate written agreement that overrides this contract.

9. Processing of deposits

Toostay will process all deposits made within 48 hours from the day proof of payment has been made available