Terms Of Use

1. Acceptance of the terms of use

These terms of use are entered into by and between you and My Appointment (Pty) Ltd, including each of its affiliates and subsidiaries (collectively, "My Appointment", "we", or "us"). These terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the My Appointment platform located at http://www.myappointment.co.za/ (the “Website”) or the My Appointment mobile application downloaded and installed on your device (the “App”) (the Website and the App together defined as the "Platform"), including any content, functionality, services or products available to you on or through the Platform.

Please read these Terms of Use carefully before you start to use the Platform. By using the Platform or ticking a checkbox to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and by our Privacy Notice, which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Notice, you must not access or use the Platform.

2. Changes to the terms of use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Platform users

These Terms of Use apply to you whether you are a user of the Platform that is:
• A customer user making use of the Platform to book appointments with, or order products or services from, service providers that are available on the Platform (“Customer”); or
• A service provider user making use of the Platform to (i) book appointments with, or to sell goods or services to, customers, or (ii) invoice customers, or (iii) use the business management services including point of sales, stock management, reporting and other services (“Service Provider”).

4. Purpose of the platform

The My Appointment Platform is a trusted resource that has been created for the benefit of all of its users. In particular, the My Appointment Platform benefits the following:
• Customers – the Platform allows you to book appointments with, or order goods and services (including gift vouchers) from, service providers listed on the Platform.
• Service Providers – the Platform allows you to:
   o Book appointments with, or sell goods or services (including gift vouchers) to, customers using the Platform;
   o Invoice customers;
   o Use the business management services including point of sales, stock management, reporting and other services.

5. Accessing the platform and account security

We reserve the right to terminate or modify the Platform and any services, data or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform.

You are responsible for both:
• Making all arrangements necessary for you to have access to the Platform; and
• Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with and use the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is also governed by our Privacy Notice, and you agree to all actions we take with respect to your information consistent with our Privacy Notice.

If you create, or are provided with, a username (email), password, or any other piece of information as part of the Platform’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your username (email), password, or other security information. You will be held responsible for any action taken via your account and will be held accountable for the validity of anyone that you invite to join the Platform.

You agree to notify us immediately of any unauthorized access to or use of your username (email) or password or any other breach of security. You should use particular caution when accessing the Platform from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username (email), password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

6. Booking appointments and purchasing goods and services

You understand that all booking of appointments, or purchases of goods or services, including gift vouchers, are transactions that are entered into between the Customer and the relevant third party Service Provider. It is your responsibility as the Customer to contact the Service Provider regarding questions or issues concerning your appointment or your orders of goods or services, including changes or cancellations. Likewise, it is your responsibility as the Service Provider to contact the Customer regarding any issues concerning the Customer’s appointment or orders of goods or services. My Appointment disclaims all liability for the booking of appointments or the purchase, delivery or quality of goods or services, as between a Customer and a Service Provider.

7. User contributions

The Platform contains profiles, postings and other interactive features ("Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.

More specifically, the Platform allows: (i) Customers to create customer profiles that are accessible by Service Providers, which profiles are included within the definition of User Contributions; and (ii) Service Providers to create service provider profiles that are accessible by Customers for the booking of appointments or purchase of goods or services, which customer and service provider profiles are included within the definition of User Contributions. All User Contributions must comply with the Content Standards set out below in these Terms of Use.

By posting any User Contribution on the Platform, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, copy, modify, process, reproduce, adapt, distribute and publish such User Contribution as we deem reasonably necessary in connection with our business (such as in order to promote My Appointment’s products and services) and to fulfil our contractual relationship with you. User Contributions may not have been verified or approved by us and we have no obligation to do so. The views expressed by other users on the Platform do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us at info@myappointment.co.za.

You represent and warrant that:
• You own or have all necessary licenses and rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates; and
• All of your User Contributions do and will comply with these Terms of Use.

As a Customer or Service Provider you understand and acknowledge that you are solely responsible for any User Contributions you post, and you, not My Appointment, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by Customers or Service Providers.

8. Content standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable laws, rules and regulations. User Contributions must be accurate and kept up-to-date.

Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

9. Prohibited uses

You may use the Platform only for lawful purposes, such as your legitimate business activities with us, and in accordance with these Terms of Use. You agree not to use the Platform:
• In any way that violates any applicable law, rule or regulation;
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards described below in these Terms of Use;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To impersonate or attempt to impersonate My Appointment, a My Appointment staff user, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and/or
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm My Appointment or users of the Platform, or expose them to liability.

You agree not to:

• Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform;
• Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
• Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Platform;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful into the Platform;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform or any server, computer, or database connected to the Platform;
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
• Disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things; and/or
• Otherwise attempt to interfere with the proper working of the Platform.

Additionally, you agree that:

• If you are a Service Provider, you may have access to non-public confidential information about Customers, such as full names and contact details, and accordingly you agree as follows:
   o You may share this information with your Service Provider colleagues only, without exception, and this includes not sharing this information with any of your Service Provider partner or vendor companies or other third parties; and
   o This sharing of Platform information is only permitted through the functionality available on the Platform.
• You will not reproduce or publicly display any profile information about Customers;
• You will not conduct automated queries on the services provided by the Platform; and/or
• You will not access or use the Platform or any of the products or services provided by the Platform to develop competitive products or services.

10. Fees

• Customers: There are no fees for Customers registering and creating a customer profile on the Platform, or using the Platform.
• Service Providers: You will be charged the fees that have been agreed in your contract with us.

11. Intellectual property rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by My Appointment, its licensors, or other suppliers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal, legitimate business interests with My Appointment only. You must not reproduce, distribute, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your web browser for display enhancement purposes; and
• You may not extract data or present data elsewhere within the Platform outside of the ways that are made directly available to you through the Platform. For example, you may not take screenshots of the Platform. Sharing of Platform information is only permitted through the functionality that is made available on the Platform.

You must not:

• Modify copies of any materials from the Platform; or
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by My Appointment. Any use of the Platform not expressly permitted by these Terms of Use is prohibited, constitutes a breach of these Terms of Use and may violate copyright, trademark, and other laws.

12. Trademarks

The My Appointment name, trademarks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of My Appointment or its affiliates or licensors. You must not use such marks without the prior written permission of My Appointment. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

13. Monitoring and enforcement; termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create a risk or liability for My Appointment;
• Disclose your identity and other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• Take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform or violation of these Terms of Use; and
• Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.
• Terminate or suspend a Customer’s access to the Platform for repeated misuse of the Platform with respect to a Service Provider, for example, repeated non-arrival or late arrival for appointments that have been booked using the Platform.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS MY APPOINTMENT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MY APPOINTMENT DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER MY APPOINTMENT OR LAW ENFORCEMENT OR OTHER GOVERNMENT AUTHORITIES.

14. Copyright infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to info@myappointment.co.za. It is the policy of My Appointment to terminate the user accounts of repeat infringers.

15. Changes to the platform

We aim to keep the content on this Platform up-to-date and accurate, but at times the content may not be complete or current. From time to time we change the services that we provide on the Platform, or we may automatically update the Website or the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

16. Information about you and your visits to the platform

All information we collect on this Platform is subject to our Privacy Notice. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

17. Links from the platform

If the Platform contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

18. Geographic restrictions

The owner of the Platform is incorporated and registered in the Republic of South Africa and has its registered office in Johannesburg, South Africa. We provide this Platform for use by persons located worldwide. Access to the Platform may not be legal by certain persons or in certain countries and should you access the Platform from those countries, you do so on your own initiative and are responsible for compliance with local laws.

19. Disclaimer of warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from app stores, the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MY APPOINTMENT NOR ANY PERSON ASSOCIATED WITH MY APPOINTMENT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER MY APPOINTMENT NOR ANYONE ASSOCIATED WITH MY APPOINTMENT REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

MY APPOINTMENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY LINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND MY APPOINTMENT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION, INCLUDING THE MONITORING OF ANY TRANSACTION, BETWEEN YOU AND ANY THIRD PARTY, INCLUDING ANY TRANSACTION BETWEEN A CUSTOMER AND A SERVICE PROVIDER.

TO THE FULLEST EXTENT PROVIDED BY LAW, MY APPOINTMENT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation of liability

TO THE FULLEST EXTENT PROVIDED BY LAW, THE MAXIMUM LIABILITY OF MY APPOINTMENT, AND ITS LICENSORS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, WILL NOT EXCEED ZAR100.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or wilful misconduct or to death or bodily injury caused by products or services you purchase through the Platform.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Indemnification

You agree to defend, indemnify, and hold harmless My Appointment, its licensors, and suppliers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.

22. Governing law and jurisdiction

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of South Africa without regard to its principles relating to conflicts of law.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the Magistrate's Court of Johannesburg North. Notwithstanding the foregoing, My Appointment is entitled to institute proceedings in the South Gauteng High Court. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

23. Limitation on time to file claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION OCCURS; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Waiver and severability

No waiver by My Appointment of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of My Appointment to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

25. Survival

On termination of these Terms of Use, the following sections along with this section shall continue in force: Sections 11, 12, 19 – 28.

26. Entire agreement

These Terms of Use which incorporate our Privacy Notice and any other contractual documentation which we have entered into with you constitute the sole and entire agreement between you and My Appointment (Pty) Ltd regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

27. Conflicts with other terms and conditions

The relationships and transactions facilitated through the Platform, including the booking of appointments or sale of goods or services, may be governed by other contracts that you enter into with us with respect these services. Your use of the Platform is subject to any other contracts you may have with us, and in the event of any conflict between these Terms of Use and any contract you have with us, the terms of such contract will prevail.

28. Your comments and concerns

The Platform is operated by My Appointment (Pty) Ltd whose principal place of business is at 1st Floor, 74 St. Andrews Street, Birdhaven, 2196, Johannesburg, South Africa.

All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed in the first instance to: info@myappointment.co.za.

 

 

 

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