Terms and Conditions

This section stipulates the general terms and conditions of the relationship between you (the user) and BetterBook. In this Agreement, "BetterBook" and "we" refer to BetterBook (Pty) Ltd. with its registered office in the Cape Town, South Africa, and all its designated agents, employees and subsidiaries within South Africa.

The terms “User” and “you” mean any user of the Services, in their respective country, and engaged in use of such Services. This Agreement incorporates BetterBook's standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement.

Detailed description of goods and/or services

BetterBook is an online scheduling and booking platform that enables Businesses to create and manage an online schedules and events, take bookings and manage payments from Clients, collectively referred to as “Business Services”.

Return and Refunds policy

Where a Business or Client believes a payment was processed in error they must provide written notice to BetterBook within thirty (30) days of the payment date. BetterBook reserves the right to review and respond within seven (7) days of receiving the written notice. Where an error was found to be made by BetterBook, a refund will be issued to the same bank card or bank account from which the payment in question was made. BetterBook will not be held responsible for issuing refunds if the Business or Client used a third-party payment method.

Customer Privacy policy

BetterBook shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 .

Payment options accepted

Payment may be made via Visa and MasterCard.

Card acquiring and security

Card transactions will be acquired for BetterBook via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by BetterBook separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Responsibility

BetterBook takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Nonpayment

If, for whatever reason, BetterBook charges Your credit card pursuant to these Terms of Service, and the payment is not successful, BetterBook reserves the right to suspend Your access to the Service. If You fail to pay the applicable invoice within 90 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, BetterBook reserves the right to deactivate Your account. Once Your account is deactivated, You will no longer be able to log into Your account. When Your account is deactivated, BetterBook will keep a backup of its data, without processing it. In the event BetterBook deactivates Your account for non-payment, all amounts due and unpaid from You to BetterBook for use of the Service shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, BetterBook reserves the right to seek payment using any remedies allowed to it by law. BetterBook may at its discretion, and subject to technical feasibility, agree to restore a deactivated account upon Your written request. In this case a restore fee will be payable.

Intellectual property

We grant You a license to use the Service in accordance with these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, or make the Service available to third parties. We reserve all rights not expressly granted in these Terms of Service.

We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks, registered trademarks or service marks contained in or relating to the Service (collectively the “BetterBook Intellectual Property”) that are the exclusive property of BetterBook and/or its licensors. We do not transfer any rights in or to the BetterBook Intellectual Property to You.

Content of the Service that incorporates or includes any of the BetterBook Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of BetterBook or the rightful owner, as applicable.

The name BetterBook and the various logos used or displayed on the Service are trademarks of BetterBook and You may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the BetterBook products and services, provided You do not incorporate any of them within Your names or offerings.

Use of the Service

You may not use the Service in any manner that is illegal or harmful to the Service. Among other restrictions, You agree that You shall not, nor shall You allow any third party to:

  • Use the Service through unauthorized interfaces or protocols;
  • Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
  • Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Service or Service software (except as applicable law expressly permits);
  • Remove, obscure or alter any notices or indications of rights in or to the BetterBook Intellectual Property;
  • Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any BetterBook servers;
  • Take any action that imposes an unreasonable or large load on our infrastructure;
  • Upload invalid data, viruses, worms, or other harmful software to the Service;
  • Use automated means, including spiders, robots, crawlers, data mining tools, scripts applications or the like to download or upload data from or to the Service, or to access the Service in any form, unless expressly permitted by BetterBook;
  • Use the Service in a way that disables the Service or prevents or inhibits anyone from using the Service, or degrades the performance of the Service; or
  • Impersonate any person or entity in order to use, or through use of, the Service
  • Send Unsolicited Commercial Emails (also known as “spam”) to recipients that have not explicitly given You permission to send them emails, to promote Your services
Important Disclaimers and Limitations of Liability

THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND BetterBook EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT BetterBook DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM BetterBook OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

Limitation of liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL BetterBook BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, BetterBook SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS, WHICHEVER IS LOWEST. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE Terms of Service BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

Sole remedy

Your only remedy for any dispute with BetterBook is to stop using the Service.

Country of domicile

This website is governed by the laws of South Africa and BetterBook chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature .

Variation

BetterBook may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Prohibited Industries

You may not use the Payment Services for the following businesses or business activities: (1) any illegal activity or goods; (2) drugs and tools intended for the production of drugs; (3) pharmacies or pharmacy referral services; (4) betting, including lottery tickets, sports related gambling, casinos; (5) insurance or other financial merchandise or services;, (6) money transfer; (7) independent financial advisers; (8) pyramid selling or multi-level marketing; (9) counterfeit goods and goods infringing on third party intellectual property rights; (10) adult entertainment oriented products or services; (11) escort or sexual services; (12) sales of firearms, ammunition; or weapons and other devices designed to cause physical injury; (13) internet/mail order/telephone order of age restricted products (e.g., tobacco, alcohol); (14) hate or harmful products or other products or services invoking or supporting discrimination, violence or terrorism. Violations of this requirement may result in account termination.

Fraudulent Actions of Users

BetterBook is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release BetterBook from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify us of any Fraudulent Actions which may affect the Services. BetterBook reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.

Release

You understand that SMBs, Merchants and Users are solely responsible for their interactions between each other and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you, your SMB as a result of your interaction with a User or visit to any SMB or Merchant or from any product or service of any SMB or Merchant. You hereby release the BetterBook Parties from any and all such Claims.

Company information

This website is run by BetterBook (Pty) Ltd. - a private company based in South Africa trading as BetterBook and with registration number 2019/196378/07 and with M de Wet as Director.

BetterBook contact details

Company Physical Address: 7 Hilton Road, Oranjezicht Email: info@betterbook.co.za Telephone: 073 020 7040

Last update: July 23, 2019