Terms and conditions Service Provider

 

 

Permitted uses:
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your correct legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are the only one that is responsible for maintaining the security of your account and password. OnAppointmentOnly cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all appointments made by you through this site.
You may not use the Service for any illegal or unauthorised purpose.
You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Account. While OnAppointmentOnly prohibits such conduct and Content on the Service, you understand and agree that OnAppointmentOnly cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials.
You agree to use the Service at your own risk.
Payments and refunds
A Monthly license fee is levied for the use of the service; this fee includes a number of appointments that can be made these are indicated as credits in the control panel. After your initial credits are finished additional credits can be bought from the control panel. You must have sufficient credits available to ensure that your clients receive their SMS reminders. There will be no refunds, of any credits that might be available on your account or money used to pay for credits. In order to treat everyone equally, no exceptions will be made.
A valid credit card is required to purchase credits through the PayPal or other gateways provided. All fees are inclusive of taxes, levies, or duties imposed by tax authorities.
Credits are purchased from the control panel in “My Account”. The cost per credit is displayed in the panel. The cost per credit might be changed from time to time.
OnAppointmentOnly shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service
Copyright and Content Ownership:
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. OnAppointmentOnly does not pre-screen content, but OnAppointmentOnly and its designee have the right (but not the obligation) in their sole discretion to refuse or remove Content that is available via the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or OnAppointmentOnly.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of OnAppointmentOnly.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Use.
General Conditions:
Your use of the Service is at your sole risk. The Service is provided on as “as is” and “as available” basis. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any OnAppointmentOnly customer, employee, member, or officer will result in the immediate termination of your account.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform or adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
OnAppointmentOnly reserves the right to place and remove your business name and logo, and/or Business category, on the OnAppointmentOnly website. OnAppointmentOnly does not warrant that:
(i) the Service will meet your specific requirements,
(ii) the Service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the Service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectation, and
(v) any errors in the Service will be corrected. Nor where OnAppointmentOnly uses Third Party Providers for any functionality within the System, will the above apply.
You expressly understand and agree that OnAppointmentOnly shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to; damages for loss of profits, goodwill, use, data or other intangible losses (even if OnAppointmentOnly has been advised of the possibility of such damages), resulting from;
(i) the use or the inability to use the Service,
(ii)the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service,
(iii) unauthorised access to or alteration of your transmissions or data,
(iv) statements or conduct of any third party on the Service, or
(v)any other matter relating to the Service.
The failure of OnAppointmentOnly to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. The Terms and Conditions of Use constitute the entire agreement between you and OnAppointmentOnly and govern your use of the Service, superseding any prior agreements between you and OnAppointmentOnly (including, but not limited to, any prior versions of the Terms and Conditions of Use).
SMS Service
OnAppointmentOnly uses MyTXT to provide this service. MyTXT nor OnAppointmentOnly make any guarantees as to the continuous availability of this service or any specific features of this service. Text Messages shall be deemed to have been delivered when OnAppointmentOnly has delivered/sent the messages to the immediate destination that has been inputted. Neither MyTXT nor OnAppointmentOnly guarantees delivery of SMS messages on behalf of mobile telephone networks or mail servers. OnAppointmentOnly shall not be held liable for any disruptions caused to business due to delayed or failed SMS messages.
Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. OnAppointmentOnly retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
Transmission of Information
Because we do not control the security of the Internet or other networks your use to access the Site or communicate with us, we cannot be, and are not responsible for the security of information that you choose to communicate with OnAppointmentOnly and the Site while it is being transmitted. In addition, OnAppointmentOnly is not responsible for any data lost during transmission.
Creating a Listing and Diaries
If you create listing on our Site, you may only create and hold one listing or one listing per branch where applicable, with as many diaries as you wish, you are solely responsible for managing these diaries. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your profile, you may not re-enrol or join under a new name unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your OnAppointmentOnly account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Appointments
You are total control of your diary and the way in which your clients are making appointments or reservations with you. OnAppointmentOnly will not be liable for any form of double reservations or Appointments; the responsibility is solely with you the Service Provider.
OnAppointmentOnly will not be held liable for any no shows or clients not keeping to the time that was booked and the losses that were incurred directly or indirectly as a result thereof.
OnAppointmentOnly is not liable for clients abusing the system and making multiple bookings on the diary of the service provider. This process must be managed by the Service Provider.
OnAppointmentOnly reserves the right to remove a client’s / service provider’s profile that is abusing the system or not honouring their appointments.
Online Payments
OnAppointmentOnly provides a facility for Service Providers to collect money from their clients before the appointment. A Service Provider must apply for this facility and must agree to the terms of OnAppointmentOnly.
This money is paid directly to you the service provider. OnAppointmentOnly does not accept responsibility for these payments as it is a transaction between you the Service Provider Payfast and your client.
Your terms must clearly indicate your policy regarding: Cancelation of the appointment, refunds and discounts that is applicable.
This facility will only be made available by the discretion of OnAppointmentOnly.
Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
Indemnification/Release
You agree to defend, indemnify and hold harmless OnAppointmentOnly, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services performed by you to a client.
You are solely responsible for your interactions with clients and other users of this Site. To the extent permitted under applicable laws, you hereby release OnAppointmentOnly from any and all claims or liability related to any service or product rendered to a client, any action or inaction by a client, including clients failure to comply with applicable law and/or failure to abide by the terms of a OnAppointmentOnly and any conduct or speech, whether online or offline, of any other user.
Termination
OnAppointmentOnly may terminate these Terms of Use at any time. Without limiting the foregoing, OnAppointmentOnly shall have the right to immediately terminate or suspend any of your passwords or accounts in the event OnAppointmentOnly. considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.
You can also at any time cancel your account with OnAppointmentOnly, however no credits will be converted into money and refunded to you, neither will the yearly listing/ license fee be refunded in full or a pro rata portion of that to you.
Upon cancelation you profile with all relevant data will be deleted. OnAppointmentOnly will not be liable for this loss of information.
Choice of Law
Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Site or OnAppointmentOnly services shall be governed by the internal laws of South Africa.
 

 

 

 

 

 

 

 

 

 

 

 

 

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