Terms of Service | TerraFerm Africa

Acceptance of Terms

Welcome to TerraFerm Africa (Pty) Ltd ("TFA," "we," "our," or "us"). By accessing or using our website at terraferm.africa (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Site.

1. Use of the Site

1.1 Permitted Use

You may use the Site for lawful purposes only, including:

Accessing information about TFA's projects and services
Requesting access to investor materials
Contacting our team for business inquiries
Reading news and operational updates

1.2 Prohibited Activities

You agree NOT to:

Use the Site for any illegal purpose or to violate any laws
Attempt to gain unauthorized access to the Site or our systems
Interfere with or disrupt the Site's operation
Collect or harvest user information without permission
Transmit viruses, malware, or harmful code
Impersonate any person or entity
Scrape, copy, or reproduce Site content without authorization
Use automated systems (bots, scrapers) to access the Site

1.3 Account Security

If you create an account (Investor Portal access):

You are responsible for maintaining password confidentiality
You must notify us immediately of unauthorized access
You are liable for all activities under your account
We reserve the right to suspend accounts for violations

2. Intellectual Property

2.1 TFA Ownership

All content on the Site, including text, graphics, logos, images, data, and software, is the property of TFA or its licensors and is protected by South African copyright law, international copyright treaties, and trademark and patent laws.

2.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to:

Access and view Site content for personal or business evaluation
Download materials expressly made available for download
Print pages for personal reference

This license does NOT permit reproduction, distribution, modification, commercial use, or removal of proprietary notices without written permission.

2.3 Trademarks

"TerraFerm Africa," the TFA logo, and other marks are trademarks of TFA. Unauthorized use is prohibited.

3. Investor Portal and Gated Content

3.1 Access Requests

Access to investor materials is granted at TFA's sole discretion. We may:

Request verification of your identity and credentials
Require non-disclosure agreements (NDAs)
Approve or deny access without explanation
Revoke access at any time

3.2 Confidential Information

Materials in the Investor Portal may contain confidential, proprietary, or forward-looking information. By accessing these materials, you agree to:

Maintain strict confidentiality
Use information solely for evaluation purposes
Not disclose information to third parties without TFA's written consent
Comply with applicable securities laws and regulations

3.3 No Investment Advice

Information on the Site is for informational purposes only and does NOT constitute investment advice, an offer to sell or solicitation to buy securities, financial, legal, or tax advice, or a prospectus. Always consult qualified professionals before making investment decisions.

4. User Submissions

4.1 Your Content

When you submit information to us (forms, documents, communications), you grant TFA a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your submissions for business operations and communications.

4.2 Representations

You represent and warrant that your submissions do not infringe third-party rights, do not contain unlawful or harmful content, are accurate and not misleading, and comply with applicable laws.

5. Disclaimers and Limitations

5.1 "AS IS" Basis

The Site is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, including no warranty of accuracy, completeness, uninterrupted operation, or fitness for a particular purpose.

5.2 Forward-Looking Statements

The Site may contain forward-looking statements about TFA's projects, performance, and prospects. These statements are based on current expectations and involve risks and uncertainties; actual results may differ materially.

5.3 Third-Party Content

We are not responsible for third-party websites, services, or content linked from the Site.

6. Limitation of Liability

To the maximum extent permitted by law:

6.1 No Liability for Damages

TFA and its affiliates, officers, directors, employees, and agents SHALL NOT BE LIABLE for indirect, incidental, or consequential damages, lost profits, data loss, personal injury, or damages arising from Site use or inability to use the Site.

6.2 Maximum Liability

In no event shall TFA's total liability exceed the amount you paid to access the Site (if applicable) or ZAR 1,000, whichever is less.

6.3 Jurisdictional Variations

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, liability is limited to the fullest extent permitted by law.

7. Indemnification

You agree to indemnify, defend, and hold harmless TFA and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Site, your violation of these Terms, your violation of third-party rights, or your submissions.

8. Privacy

Your use of the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference.

9. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with a revised "Last Updated" date. Continued use of the Site after changes constitutes acceptance of the modified Terms.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles.

10.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in [City/Province - TBD], South Africa, for resolution of disputes.

10.3 Arbitration (Optional)

Disputes may be resolved through binding arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA), at TFA's election.

11. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and TFA regarding the Site.

13. Contact Information

For questions about these Terms, contact us at:

TerraFerm Africa (Pty) Ltd
Email: legal@terraferm.africa
Address: Brimstone Office, 39 Ferguson Rd, Illovo 2196, Gauteng, South Africa
Phone: +27 82 520 0267