TERMS OF SERVICE

1.1. These Terms of Service ("Terms") govern access to and use of the website located at partywall.co.za and the associated live event wall service (together, the "Service"), operated by Party Wall ("Party Wall", "we", "us", or "our"), a sole proprietor business operating in the Republic of South Africa.

1.2. By accessing or using the Service, whether as a Host or a Guest, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2.1. "Host" means a person who creates and administers an event wall through the Service.

2.2. "Guest" means a person who accesses and contributes Content to an event wall using a Personal Identification Number or event access link provided by a Host.

2.3. "Content" means any photograph, video, message, or other material uploaded to the Service by a Host or Guest.

2.4. "Plan" means the tier of service selected by a Host, being Free, Standard, Wedding, or Corporate, each carrying distinct features, limitations, and, where applicable, fees.

3.1. A person must be eighteen (18) years of age or older to register as a Host.

3.2. Guest access is intended for individuals attending or otherwise connected to a specific event at the invitation of the relevant Host. The Service does not independently verify the age or identity of a Guest, and a Host is responsible for the appropriateness of Guest access granted in respect of their event.

4.1. The Service enables a Host to create a live, shared digital wall for a specific event, to which invited Guests may upload Content using a PIN or link provided by the Host, without the requirement of a downloaded application.

4.2. The features available in respect of a given event, including the volume of Content permitted, the duration of Guest access, and available customisation, are determined by the Host's selected Plan, as described on the Service at the time of purchase.

5.1. A Host is solely responsible for the event they create, including the composition of their Guest list and the nature of Content permitted to be uploaded to their event wall.

5.2. A Host warrants that they have a reasonable and lawful basis for inviting the Guests they invite, and undertakes to exercise appropriate care in respect of Content that may depict minors or other vulnerable individuals.

5.3. A Host indemnifies and holds harmless Party Wall against any claim, loss, or liability arising from the Host's own conduct, the composition of their Guest list, or Content uploaded in connection with their event, save to the extent such claim, loss, or liability arises from Party Wall's own gross negligence or wilful misconduct.

5.4. Where a Host selects a paid Plan, the fee payable is a single, once-off amount referable to that specific event, and does not constitute a recurring subscription. Fees are payable in advance of an event wall being activated. Once an event wall has been activated and Guest access has commenced, fees paid are non-refundable, save where required by law or where Party Wall has failed to deliver the Service as described.

6.1. Content uploaded by a Guest remains the property of that Guest. By uploading Content, a Guest grants to Party Wall and to the relevant Host a non-exclusive, royalty-free licence to store, display, process, and permit the download of such Content for the duration of the applicable event wall and Plan.

6.2. A Guest shall not upload Content that:

6.2.1. is unlawful under any applicable law;

6.2.2. harasses, defames, or humiliates any individual;

6.2.3. is sexually explicit in nature;

6.2.4. depicts, exploits, or endangers a minor in any inappropriate manner; or

6.2.5. infringes the intellectual property or other rights of any third party.

6.3. Party Wall reserves the right, but assumes no obligation, to remove Content in breach of clause 6.2 and to suspend or terminate a Guest's access to an event wall accordingly. Primary responsibility for the conduct of Guests on a given event wall rests with the relevant Host.

7.1. Fees applicable to each Plan are as displayed on the Service at the time of purchase. All fees are processed through our third-party payment processor, PayFast, and are denominated in South African Rand unless otherwise stated.

7.2. Party Wall does not collect, view, or store payment card details submitted in connection with a purchase.

8.1. All right, title, and interest in and to the Service, including its design, source code, trademarks, and the Party Wall name and logo, vests exclusively in Party Wall. Nothing in these Terms grants a Host or Guest any right, title, or interest in the foregoing.

8.2. Content remains the property of the Host or Guest who uploaded it, subject to the licence described in clause 6.1.

9.1. The Service is provided on an "as is" and "as available" basis. Party Wall does not warrant that the Service will be uninterrupted, error-free, or free of loss of Content, and expressly disclaims any warranty, express or implied, to that effect, to the fullest extent permitted by law.

10.1. To the fullest extent permitted by law, Party Wall's aggregate liability to a Host or Guest arising from or in connection with the Service shall not exceed the amount paid by the relevant Host in respect of the applicable event.

10.2. Party Wall shall not be liable for any indirect, incidental, special, or consequential loss, including but not limited to loss of data, loss of opportunity, or emotional distress, nor for Content uploaded by a third party that Party Wall did not itself create.

11.1. Party Wall may suspend or terminate a Host's or Guest's access to the Service where it reasonably determines that these Terms have been breached, and will provide notice of such action where reasonably practicable.

12.1. These Terms are governed by the laws of the Republic of South Africa. The courts of South Africa shall have exclusive jurisdiction over any dispute arising from or in connection with these Terms.

13.1. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

14.1. These Terms, together with our Privacy Policy, constitute the entire agreement between Party Wall and a Host or Guest in respect of the Service, and supersede any prior understanding or agreement, whether written or oral.

15.1. Party Wall reserves the right to amend these Terms at any time. Material amendments will be reflected by an updated effective date at the head of this document, and, where reasonably practicable, existing Hosts will be notified by email.

16.1. Any notice required to be given under these Terms shall be directed, in the case of Party Wall, to hello@partywall.co.za, and in the case of a Host, to the email address associated with their account.

17.1. Enquiries regarding these Terms should be directed to hello@partywall.co.za.