Lookmarks — Terms of Service

1. Introduction

Welcome to Lookmarks, a digital platform operated by Lookmarks (Pty) Ltd, a private company incorporated in the Republic of South Africa (hereinafter referred to as, "Lookmarks", "we", "us" and/or "our").

These Terms and Conditions ("Terms") set out the terms governing your access to and use of the Lookmarks mobile application, website, and related digital services (collectively referred to as the "App" or "Services").

By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the App.

These Terms are governed by the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 ("CPA"), the Protection of Personal Information Act 4 of 2013 ("POPIA"), and the Electronic Communications and Transactions Act 25 of 2002 ("ECTA").

2. Purpose of the App

Lookmarks provides a digital platform that allows users to:

• Save, collect and organise fashion inspiration, including but not limited to images, links and/or screenshots;
• Discover and compare similar products using AI-powered visual search functionality; and
• Connect with independent third-party retailers for product information and purchases.

Lookmarks is not a retailer, seller, or agent of any third-party goods or services. All purchases and transactions are conducted solely on third-party websites and are governed by those retailers' own terms and conditions. Lookmarks does not participate in or guarantee any transaction between users and third-party retailers.

3. Eligibility

To register and use the App, you must:

• Be 18 years or older, or have the consent of a parent or legal guardian if under 18; and
• Ensure that the information you provide is true, accurate, and up to date.

Lookmarks reserves the right to verify information, refuse registration, or suspend or terminate any user account where misuse, fraud, or legal non-compliance is suspected.

4. User Accounts

To access certain features, you must create a Lookmarks account. By registering, you agree to:

• Provide complete and accurate information during registration;
• Maintain the confidentiality of your login credentials;
• Be responsible for all activity occurring under your account; and
• Notify Lookmarks immediately if you suspect unauthorised access.

Lookmarks is not liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.

5. User Content

Users may upload, store, or share content through the App ("User Content"), including images, links, text, or product references. By submitting User Content, you confirm and warrant that:

• You are the lawful owner of, or hold all necessary licences, permissions, and rights to use and share, such content;
• The content does not infringe, misappropriate, or violate any intellectual-property, privacy, or other rights of any third party;
• The content is lawful, accurate, and appropriate for public display and does not contain any material that is defamatory, obscene, or otherwise prohibited by law; and
• You will remain solely responsible for the nature and legality of all User Content that you upload or share through the App.

You grant Lookmarks a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable licence to host, store, reproduce, adapt, display, publish, distribute, and otherwise use or process your User Content for the purposes of operating, improving, promoting, and commercialising the App and related services, including use in marketing, promotional, or advertising materials, in any media now known or later developed.

Where your User Content includes identifiable persons, you confirm that you have obtained all necessary rights, permissions, and consents for such use by Lookmarks in accordance with applicable privacy and publicity laws.

Lookmarks reserves the right, at its sole discretion, to review, remove, restrict access to, or disable any User Content that:

• Violates these Terms or any applicable law;
• Is alleged or appears to infringe third-party rights;
• Is unlawful, offensive, defamatory, or otherwise objectionable; or
• May compromise the integrity, reputation, or security of Lookmarks or other users.

Nothing in this clause obliges Lookmarks to monitor or actively moderate User Content, and Lookmarks shall not be liable for any User Content posted or shared by users.

6. Intellectual Property

All rights, title, and interest in and to the App, the Services, and all associated software, source code, databases, designs, trademarks, trade names, logos, text, graphics, interfaces, algorithms, data compilations, and other proprietary materials (collectively, the "Intellectual Property") are and shall remain the exclusive property of Lookmarks (Pty) Ltd.

Except as expressly permitted in writing by Lookmarks, you may not, whether directly or indirectly:

• Copy, reproduce, adapt, distribute, transmit, display, or publish any part of the App or its content;
• Modify, translate, decompile, reverse-engineer, or disassemble any portion of the App or attempt to derive its source code or underlying ideas;
• Create derivative works, mirror, frame, or otherwise exploit any part of the App or its data;
• Use any data mining, robots, or similar data-gathering or extraction tools to access or reproduce the App or its content; or
• Use any trademark, service mark, trade name, or other branding belonging to Lookmarks without prior written consent.

No license or right, whether express or implied, is granted to you other than as expressly provided in these Terms. All rights not expressly granted are reserved by Lookmarks.

Any unauthorised use, copying, or exploitation of the Intellectual Property constitutes a material breach of these Terms and may result in civil, criminal, and injunctive proceedings under South African law.

Any feedback, ideas, or suggestions that you submit regarding the App shall become the exclusive property of Lookmarks without obligation to compensate you, and you irrevocably assign all associated rights to Lookmarks.

7. Third-Party Links & Retailers

Lookmarks connects users to independent third-party retailers. Lookmarks:

• Does not control or endorse third-party content, products, or services;
• Is not responsible for purchases made outside of Lookmarks;
• May receive affiliate or referral commissions when users click through to third-party retailers; and
• Is not a party to, nor responsible for, any transaction, warranty, or dispute between users and third-party retailers.

Users are solely responsible for reviewing and accepting the applicable retailers' terms of sale, return and refund policies, privacy statements and any other contractual conditions before making a purchase.

Lookmarks does not act as a retailer's agent, representative or intermediary and has no control over and no responsibility or liability for, the availability, quality, pricing, description, shipment, fulfilment, return and/or warranty of any third-party goods or services.

All transactions, disputes and/or communications relating to such purchases are exclusively between the user and the relevant retailer and any remedies must be sought directly from that retailer in accordance with its own policies and the CPA.

8. Privacy & Data Protection

Lookmarks processes personal information in accordance with the POPIA and other applicable South African data-protection laws.

We collect and process personal information such as your name, contact details, device data, preferences, and usage patterns in order to:

• Register and maintain user accounts;
• Personalise your experience and product recommendations;
• Communicate updates, offers, and service notices;
• Generate aggregated and anonymised analytics and insights for internal use and for participating retailers; and
• Comply with legal or regulatory obligations.

Data Sharing

• Lookmarks may share aggregated or anonymised statistical data with partner retailers or service providers to measure engagement, traffic, and conversion performance. Such information cannot reasonably be used to identify you.
• Where necessary to verify a purchase, referral, or conversion made through the App, Lookmarks may disclose limited personal information (such as your email address) to the relevant retailer solely for the purpose of confirming the transaction.
• Any such retailer or service provider acts as an operator on behalf of Lookmarks and is contractually bound to maintain confidentiality, use the data only for the authorised purpose, and apply appropriate security safeguards.

9. Consumer Protection

Lookmarks upholds the rights and obligations set out in the CPA. Users are entitled to:

• Fair, transparent, and accurate information about the App's services;
• The right to opt out of direct marketing communications;
• Cancel your account at any time; and
• The right to lodge complaints with applicable authorities regarding unfair or misleading conduct.

However, because Lookmarks does not sell or supply goods, it is not responsible for the quality, safety, pricing, or availability of any third-party products or services accessible through the App.

All consumer-related issues concerning third-party purchases must be directed to the respective retailer.

10. Acceptable Use

Users agree not to engage in conduct that:

• Violates any applicable law, regulation, or third-party right;
• Involves the transmission of harmful, offensive, or inappropriate content;
• Attempts to gain unauthorised access to the App or its systems;
• Interferes with the proper functioning of the App or other users' access;
• Uses automated means to access the App without permission;
• Impersonates another person or entity; or
• Engages in any form of harassment, abuse, or fraudulent activity.

11. Limitation of Liability

The App and Services are provided on an "as is" and "as available" basis. Lookmarks makes no warranties or representations, express or implied, regarding:

• The availability, performance, or error-free operation of the App;
• The accuracy, completeness, or reliability of data or third-party content; or
• The suitability or safety of products recommended or linked through the App.

To the fullest extent permitted by law, Lookmarks, its directors, officers, employees, and affiliates shall not be liable for any loss, damage, or liability (including indirect, consequential, or special damages) arising from:

• Use or inability to use the App;
• Any unauthorised access to or alteration of your data;
• Any reliance on or interaction with third-party retailers or content; or
• Any event beyond Lookmarks' reasonable control.

If liability cannot be excluded, Lookmarks' total aggregate liability to any user shall not exceed the total amount (if any) paid by that user to Lookmarks during the six months preceding the event giving rise to the claim.

12. Indemnity

You agree to indemnify, defend, and hold harmless Lookmarks, its directors, officers, employees, and agents from any claim, demand, loss, or expense (including legal fees) arising from:

• Your breach of these Terms;
• Your misuse of the App or User Content; or
• Any violation of applicable laws or third-party rights.

This indemnity survives the termination of your account and your use of the App.

13. Force Majeure

Lookmarks shall not be liable for any failure or delay in performance of its obligations under these Terms caused by events beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, epidemics, or pandemics;
• War, terrorism, or civil unrest;
• Strikes, lockouts, or labour disputes;
• Power outages, communication failures, or system disruptions; or
• Governmental actions, sanctions, or regulatory changes.

During such events, Lookmarks' obligations shall be suspended for the duration of the event, and no damages shall be payable.

14. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or the use of the App:

1. The parties shall first attempt to resolve the matter informally and in good faith within 10 business days of written notice of the dispute.
2. If the dispute remains unresolved, it shall be referred to confidential mediation under the auspices of the Arbitration Foundation of Southern Africa ("AFSA") or its successor.
3. If mediation fails, the dispute shall be finally resolved by binding arbitration in Cape Town in accordance with the rules of AFSA, before a single arbitrator appointed by agreement or, failing agreement, by AFSA itself.

The decision of the arbitrator shall be final and binding and may be made an order of court. Each party shall bear its own legal costs unless the arbitrator directs otherwise.

Nothing in this clause prevents Lookmarks from seeking urgent or interim relief from a court of competent jurisdiction.

15. Termination

Lookmarks may, at its discretion and without notice, suspend or terminate your access to the App where:

• You breach these Terms or any applicable law;
• Required by law, court order, or regulatory authority; or
• Your account has been inactive for an extended period.

Lookmarks will retain and process personal information in accordance with the applicable law.

16. Modifications to the Terms

Lookmarks may revise or update these Terms from time to time. Material changes will be communicated via the App, website or email at least 30 days prior to taking effect.

Your continued use of the App after notice constitutes acceptance of the revised Terms.

17. Governing Law & Jurisdiction

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

Any dispute arising from or in connection with these Terms or the use of the App shall be subject to the exclusive jurisdiction of the High Court of South Africa (Western Cape Division), to the exclusion of any other forum.

18. Contact Us

For any queries or concerns, please contact:

info@lookmarks.co.za
Lookmarks (Pty) Ltd, 195 Main Rd, Green Point, 8005, Cape Town, South Africa
+27 82 304 4961