- By using this Website, the Customer is bound by and agree to these T&Cs, which we may change without notice from time to time. If the Customer does not agree to any of the T&Cs the Customer should not continue to use the Website.
- “Customer” means the party who purchases the Services from TheBooking.Site and/or who registers with a Client user profile on our website.
- “Outlet” means the party who manages Services on TheBooking.Site and/or who registers with an Outlet user profile on our website.
- “Therapist” means the party who renders Services on TheBooking.Site and/or who registers with a Therapist user profile on our website.
- “User” means any party, whether Customer, Outlet or Therapist.
- “CPA” means the Consumer Protection Act, 68 of 2008.
- “Contract” means any contract or agreement arising out of the acceptance of any offer, whether that contract arises out of an facilitation made by TheBooking.Site and accepted by the Customer, Outlet, Therapist, or an offer made by the Customer, Outlet, Therapist, and facilitated by TheBooking.Site.
- “Services” means the Services facilitated between the Customer and Outlet and/or Therapist by TheBooking.Site which form the subject matter of the Contract.
- “Health Data” means any and all but not limited to information submitted during the registration process, general health information, medication, allergies, operations and information submitted manually or electronically before, during and/or after Services.
USE OF THE WEBSITE
- The following activities on or through the Website are expressly prohibited:
- any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or the content contained thereon; and
- the collection or use of any listings, descriptions, and/or price lists from the Website for the benefit of a competing merchant that supplies Services comparable to those offered on the Website; and
- any use or action that imposes an unreasonable or disproportionately large load of traffic on the Website, or otherwise interferes with the proper and timely functioning of the Website.
- any attempt to gain unauthorised access to the Website or its related systems or networks.
- accessing the Website for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purpose; and
- the reverse engineering or decompiling of the Website.
- When a User registers on the Website, they will be required to provide certain access details, including a username and a password. Users are responsible for maintaining the confidentiality and security of your Username and Password for access to the Website and accept full liability for all activities that occur on or involves the Website under a User Username. User may not:
- allow other people to use their Username and Password; or
- impersonate another User or any third party; or
- provide false information to gain access to the Website.
- User warrant their identity (in other words, that they are who they say they are).
- Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. User should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly product pricing and promotional content.
- The following activities on or through the Website are expressly prohibited:
QUOTATIONS & DISPLAY PRICES
- TheBooking.Site display prices as provided by the various Outlets and take no responsibility in the validity or accuracy of such displayed prices.
- Outlets take full responsibility to accurately display prices, and to include VAT or other applicable taxes in their display pricing in the fields provided.
- Outlets guarantee to honour any displayed prices.
ACCEPTANCE OF CONTRACT
- A contract shall come into existence when the Customer books and pays for Services through TheBooking.Site.
- The Customer’s booking is binding on the Customer and in the event that the Customer cancels the booking, TheBooking.Site may charge the Customer a 15% cancelation and service fee on the total booking amount.
- The cancellation fee will be deducted from any deposit made or become payable immediately of no deposit was paid.
- Notwithstanding what is contained in clause 6.2, the Customer may not cancel a booking where that booking relates to Services that TheBooking.Site has been expressly or implicitly required or expected to procure, create, or alter specifically to satisfy the Customer’s requirements.
- The Customer acknowledges that it is aware that TheBooking.Site’s salespersons have no authority to vary these terms or conditions of sale and TheBooking.Site assumes no liability and shall not be bound by any statements, warranties or representations made by such salespersons save as expressly stated in writing and signed by a manager or director of TheBooking.Site, duly authorised.
- The Customer may only cancel a contract if agreed thereto by TheBooking.Site in writing and upon payment of reasonable charges based upon expenses already incurred and commitments made by TheBooking.Site.
PURCHASE PRICE & PAYMENT
- The purchase price of the Services shall be paid to TheBooking.Site in full and without set-off upon presentation of TheBooking.Site’s tax invoice relating thereto, sent after a booking is made.
- TheBooking.Site has an automated system to pay portions due to the Outlets automatically. This payment will be made to the Outlet payment gateway ID as supplied.
- TheBooking.Site have different commission structures, based on affiliation with the Outlet and the Services rendered. This structure is as follow:
- Ozone Services rendered by non affiliated Outlets incur a 17,5% fee.
- Ozone Services rendered by affiliated Outlets incur a 15% fee.
- All other Services rendered incur a flat fee of 12,5%, irrespective of affiliation.
- The fees in 7.3 are inclusive of payment gateway merchant fees, and invoices to Outlets will indicate VAT/TAX amounts, if applicable.
- In the event that a Customer is a foreign person/company and a fluctuation of more than 3% (three percent) occurs in the rate of exchange between the South African Rand and the currency applicable to the foreign Customer in any period of 30 (thirty) days, TheBooking.Site shall have the right but not the obligation to increase the purchase price of the Services proportional to any such fluctuation, upon 7 (seven) days’ written notice to the Customer.
- Payments from Customers will be made in the currency as indicated on TheBooking.Site and payments to Outlets will be made in the currency they selected to their nominated payment gateway merchant ID’s as provided in the respective fields on TheBooking.Site.
- TheBooking.Site will not be held liable for payments made to incorrect payment gateway ID’s as supplied by the Outlet.
PURCHASES AND SERVICE AVAILABILITY
- Prices displayed on the website are subject to change without notice. Prices will include tax, where this is required by specific country legislation.
- Bookings made may be moved or cancelled in the event that Services cannot be rendered, due to damaged equipment, incorrect Service information and due to payment for Services not being received or payments not being authorized by TheBooking.Site.
- Bookings and Services will only be confirmed upon the successful charge of you payment method, as provided by the payment gateway.
- Availability of Services change constantly and TheBooking.Site facilitates on a first come first serve basis.
SERVICE DELIVERY AND RETURNS
- Please refer to our online Service Delivery and Returns Policy, which are incorporated into these T&Cs by reference.
- TheBooking.Site is not responsible for delivering the Services and the Customer, Outlet and/or Therapist, as the case may be, is responsible for all costs related to the delivery, administration and/or acceptance of the Service.
- The Users acknowledges that they can manage bookings and Services on their respective portals on TheBooking.Site. TheBooking.Site shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond TheBooking.Site’s control, fire, labour difficulties, transportation difficulties, interruptions in power supply (including but not limited to what may be termed “load shedding” or “black-outs”) and delays in usual sources of supply, major changes in economic conditions, breakdown of machinery or any cause beyond TheBooking.Site’s control, or whether caused by negligence or otherwise.
- TheBooking.Site will remind the Customer about the booking for the Services.
- TheBooking.Site only facilitates bookings for Services, and all Outlets are independent providers.
- Customers have the ability to rate Outlets.
- Ratings displayed is the average of all Customer ratings.
INSURANCE & ASSURANCES
- TheBooking.Site offers no insurance or assurances to any User of any nature regarding the Services offered, whether it’s suitability, credibility or efficacy.
- Services are offered and utilized at the Users own risk.
- Any harm, loss or injury during the Service will be borne by the Customer or if the Customer choose to institute remedies against an Outlet or Therapist that will be for their own account and with the means presented to them through common law in their respective jurisdictions.
- Any shortfall due to damage, riots, acts of nature or acts of God will be for the Customer account.
CANCELLATIONS, REBOOKING AND REFUNDS
- No Services will be granted to a Customer on “Appro”.
- Services sold may be moved/rebooked at no additional charge by Outlets, either upon Outlet or Customer request.
- Services not rendered may be cancelled. Customers can request cancellations through cancellation request links in emails, or directly from their portal. Therapists will have to ask the respective Outlet to cancel a Service booking.
- Outlets are responsible to action such cancellation requests promptly directly from their portal.
- Monetary refunds in certain countries are not available. Outlets have the ability to issue a voucher to the Customer for the same Service and to the same value for future use.
- Outlets are ultimately responsible and have the discretion whether or not to issue such a voucher. Cancellations 24hours or more prior to when booking commences should be issued a voucher, unless higher than normal reason exists that the Outlet has suffered costs in preparation of session or loss of potential income.
- Certain booking, service, tax and payment fees may not be refunded. These can vary from 5% to 17,5% of total Service amount.
- Certain additional penalties may apply when Services are moved or cancelled within 24 hours before Service commences.
- Notwithstanding what is contained in clause 11.2 and 11.3, the Customer may not move, rebook or cancel Services that have been discounted, are on sale or that TheBooking.Site has been expressly or implicitly required or expected to procure, create, or alter specifically to satisfy the Customer’s requirements.
- The Customer’s order is binding on the Customer and in the event that the Customer cancels the order, TheBooking.Site may charge the Customer a cancelation fee on the total order amount as stipulated in 11.7 and 11.8.
- The cancellation fee will be deducted from any deposit made or become payable immediately if no deposit was paid.
- Should the Customer fail to make payment upon due date of any amount due and owing, or commit any other breach of the terms of a contract, TheBooking.Site shall be entitled, at its option without notice and without prejudice to any other right which it may have, including the right to claim damages arising out of the breach or the termination of the contract, to cancel such contract forthwith, and/or to declare all amounts owing by the Customer to be immediately due and payable; and/or to suspend the carrying out of any of its then uncompleted obligations until payment is made.
- No relaxation which TheBooking.Site may have permitted on any occasion in regard to the carrying out of the Customer’s obligations shall prejudice or be regarded as a waiver of TheBooking.Site’s rights to enforce those obligations on any subsequent occasion.
- The Customer may not actually or purportedly cede, assign or otherwise alienate any rights or obligations which it may have in terms hereof or in terms of any contract with TheBooking.Site, without TheBooking.Site’s written consent, which consent will not be unreasonably withheld.
- Pictures and/or illustrations provided by Outlets are not controlled nor monitored by TheBooking.Site and TheBooking.Site does not take any responsibility for the accuracy of such pictures and/or illustrations.
- Ownership of pictures and/or illustrations provided and owned by Outlets will vest in the respective Outlet and are protected by copyright laws and no unlawful distribution or recreation is allowed.
- TheBooking.Site does not make claim that pictures and/or illustrations provided by Outlets have the necessary copyright in place, and it is the Outlet’s responsibility to ensure they have the ownership and/or rights to provide such pictures and/or illustrations. Any infringements upon other/external parties’ copyright must be removed or face suspension of access to TheBooking.Site.
- Pictures and/or illustrations owned by TheBooking.Site are protected by copyright laws and no unlawful distribution or recreation without TheBooking.Site’s express consent is allowed.
- Should any pictures and/or illustrations be found on TheBooking.Site’s website or promotion material that wilfully or unknowingly infringes on the copyright of another party, a Request for Removal can be submitted to [email protected]
HEALTH DATA AND VALIDATIONS
- TheBooking.Site does not diagnose nor offer any medical advice.
- TheBooking.Site suggests possible contra-indications, validations and/or warnings for certain Services, which is not exhaustive nor conclusive and should be viewed merely as guidelines.
- Certain Health Data may indicate a higher risk when combined with certain Services, and may or may not display a warning. A Customer has to accept such risk before continuing and takes full responsibility thereafter.
- Customer agrees to update certain Health Data every 3 months to ensure accuracy and will be prompted when such update is due.
- A Customer agrees to provide the Therapist with certain Health Data before certain Services are offered.
- A Customer can provide certain optional Health Data before, during and after Services either by offering such data or upon request by the Therapist.
- In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that the User shall have no claim against TheBooking.Site for any loss or damage, of any nature, occasioned by any defect in any Services supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Services, save to the extent that the Consumer is a Consumer for the purposes of the CPA and such loss or damage is contemplated in section 61 of the CPA, and provided that nothing in these terms and conditions must be construed as in any way limiting the rights of TheBooking.Site to raise such defences as may be available to it at common law or in terms of any statute.
- In the event that TheBooking.Site provides advice regarding the application of the Services at the request of the Customer, the liability of TheBooking.Site in respect of the non-suitability of the Services for the purpose for which they are used will be limited to the selling price of those Services.
- The Customer hereby indemnifies and holds TheBooking.Site harmless against any losses, expenses, costs, or damages of whatsoever nature incurred by the User arising from any wilful misconduct or gross negligence of TheBooking.Site.
- TheBooking.Site respects your privacy. This section discloses the privacy practices for both our web site and email system.
- We have designed TheBooking.Site so that no personal identifying information is displayed or is accessible to the general public. This does not refer to information listed within the various User portals, which is displayed only upon express consent and provided by the owner of such information. We do not sell or rent our User information to any outside parties.
- Personal information when used in this Policy means information that can identify a User as an individual or is capable of identifying a User.
- Use of TheBooking.Site’s Website signifies consent to TheBooking.Site collecting and using personal information off the User as specified below.
- TheBooking.Site adheres to local and international privacy laws such as POPI and GDRP. Options are provided according to privacy laws for Users to limit their data collection, storing and usage by selecting appropriate options when displayed.
- Information of Customers is collected as follows:
- Personal information when communicating with TheBooking.Site or registering an online user profile.
- User data as per each Users portal.
- Details of credit or debit cards or bank accounts will be used by TheBooking.Site only for the specific purpose for which it was provided to TheBooking.Site. TheBooking.Site does not store any credit or debit card information nor any bank accounts.
- We ask for health related information and Health Data, in order for us to ascertain what the correct Services and procedures may be.
- How information is used:
- To confirm bookings; for reminders; for invitations to TheBooking.Site; to validate the Users; to prevent and detect criminal activity, fraud, and misuse of or damage to our services or networks; to prosecute those responsible and to contact the Users.
- To contact the Users by telephone and electronic mail (that is email, picture, video, social media and SMS) about functionality changes to our Website, services or changes to our Terms and Conditions, and to communicate with the User about benefits and advise the User regarding our services.
- To contact the User by email, social media, or phone about promotions.
- Certain promotions may include paid advertisements from third parties. To block future communication of this type, simply opt out of the mailing list through the links provided in the email.
- Disclosing information to third parties:
- TheBooking.Site reserves the right to access and disclose personal information to comply with applicable laws, regulations, and lawful government requests, to operate its systems properly to protect itself or its users or to solve any User disputes.
- How long we retain your data:
- We retain User data pertaining to bookings and paying clients indefinitely, to fulfil warranty obligations, improve service levels and to monitor repeat business.
- Data for remarketing advertising we retain for a maximum of 30 days after last User interaction.
- General website visitor and query data we retain for up to 18 months.
- TheBooking.Site may provide aggregate statistics about sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify the User.
- Services are provided by Outlets and Therapists, who will have access to the Customer Health Data. Certain Customer personal information will be shared with these Outlets and Therapists. The Outlets and Therapists may only process such information as to successfully and safely administer any Service. The Outlets and Therapists will be obliged to keep such information confidential and any breach of this clause will result in immediate cancellation of access to TheBooking.Site.
- All User data is stored securely with latest encryption software, best practices and SSL security.
- User data may be stored outside their country of residence.
- Cookies are allocated during visiting of our website and the registration process. These cookies will hold information collected during registration and will allow TheBooking.Site to recognise the User and provide the User with the services the User require.
- Cookies are used to collect information concerning visitors to the Website.
- We prompt our visitors to actively accept Cookies, refusal to accept limits such Cookie tracking.
- Our remarketing initiatives may include entities like Google and Facebook using personal identifiable information which they have to display ads across devices, but this information is not gathered from us.
- The information we collect with Cookies is not sold, rented or shared with any outside parties.
- A User can refuse or opt out of cookies by altering the settings on the browser used by the User.
- Privacy preferences can be altered by contacting TheBooking.Site to stop processing information for marketing purposes.
- You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
- All content included on this Website is the property of TheBooking.Site and is protected by international copyright laws.
- Should the User breach any of these T&Cs, TheBooking.Site reserves the right to suspend and/or cancel a User’s website access, notwithstanding the right to exercise other legal remedies available to TheBooking.Site.
- These Terms are governed by the laws of the Republic of South Africa.