Terms of Service

Updated 17 April, 2023

1. Acceptance of Terms

A. MyBusiness App (Pty) Ltd ("MyBusiness App", "We") provides its Service (as defined below) to you through its web site located at https://mypetparlorapp.com (the "Site"), application programming interface (the "API"), or any mobile application (the "Mobile App", together with the Site and the API, the "Application") that MyBusiness App may offer from time to time, subject to this Terms of Service agreement ("TOS"). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service. Any actions you, or any of your employees, consultants, agents, representatives, and users take on the Service shall be deemed to have occurred on behalf of your legal entity.

B. The latest version of our Terms of Service (TOS) is available at https://mypetparlorapp.com/terms. If any term of the TOS is not acceptable, please discontinue your access and use of the Service. For potential remedies, please refer to section 12 on Amendment and Waiver.

2. Description of Service

The "Service" means (a) the Application, (b) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content") and all modifications thereto.

MyBusiness App reserves the right to alter the Service at any time. Certain features of the Service may not be available in all countries. We reserve the right to limit or make available the Service or parts of the Service depending on location. For example, certain integrations like Paystack may be limited to the African region or we may limit in-app payments to certain currencies for specific countries or regions.

MyBusiness App occasionally develops and offers limited beta releases for new features. To participate in a beta release, you must explicitly agree to the additional terms and conditions for such beta release that are presented to you. This TOS does not necessarily cover a beta release.

The Service is provided "as-is". That means the Service may include bugs that impact your ability to use the Service and/or may impact your business. MyBusiness App is not liable for your use of the Service.

3. General Conditions/Access and use of the Service

A. Subject to your compliance with this TOS and payment of all applicable fees, MyBusiness App grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Service for your internal business purposes only. You may not sublicense, rent, lease, sell, distribute, or otherwise transfer the Service or any part thereof to any third party without the prior written consent of MyBusiness App.

B. To access and use the Service, you must register for a MyBusiness App account (the "Account") and purchase a subscription plan (the "Subscription") that suits your needs and preferences. The Subscription will grant you and your authorized users (the "Users") access to certain features and functionalities of the Service as described on this TOS. The Subscription will also include certain limitations and restrictions on the number of Users, storage space, data transfer, and other aspects of the Service. You are responsible for ensuring that your Subscription meets your requirements and expectations before purchasing it.

C. The Service is protected by copyright, trademark, and other laws of South Africa and foreign countries. Except as expressly provided in the TOS, MyBusiness App, its suppliers and licensors own all right, title and interest in and to the Service, including but not limited to all software code, algorithms, designs, graphics, logos, documentation and associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.

D. You are responsible for maintaining the confidentiality of your login, password and Account and for all activities that occur under your login or Account. MyBusiness App reserves the right to access your Account for purposes that MyBusiness App deems appropriate, for example to respond to your requests for technical support or account management. By transferring Your Content on or through the Service (the “Account Data”) MyBusiness App has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that MyBusiness App may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

E. MyBusiness App may collect information about your use of the Service ("Usage Data"). Usage Data may be used for data analytics purposes to review, analyze, and optimize the Service.

F. MyBusiness App may collect information from third party services via integrations you initiate ("Integration Data"). Integration Data may be stored and processed by MyBusiness App after an integration is disconnected for the purpose of providing the MyBusiness App Service. Integration Data is maintained for the duration your organization's MyBusiness App account is active.

G. You understand that the operation of the Service, including Account Data, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to MyBusiness App's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your Account Data. MyBusiness App will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of your Account Data.

J. The failure of MyBusiness App to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and MyBusiness App, even though it is electronic and is not physically signed by you and MyBusiness App, and it governs your use of the Service and takes the place of any prior agreements between you and MyBusiness App.

K. MyBusiness App reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on MyBusiness App's website and in other communication with existing or potential MyBusiness App customers. To decline MyBusiness App this right you need to email support@mybusinessapp.co.za stating that you do not wish to be used as a reference.

L. MyBusiness App reserves the right at any time to modify or discontinue, temporarily or permanently, your Account and/or the Service (or any part thereof) with or without notice. MyBusiness App shall not be liable to you or to any third party for any modification, price change, change in capacity or accessibility, suspension or discontinuance of the Service. MyBusiness App may limit your use of the Service for any reason at all, in MyBusiness App's sole discretion. You agree that any termination or limitation of your access to the Service may be without prior notice, and you agree that MyBusiness App will not be liable to you or any third party for such change or termination. If MyBusiness App terminates this TOS or your access or use of the Service due to your breach of this TOS or any suspected fraudulent, abusive, or illegal activity, then termination of this TOS shall be in addition to any other remedies MyBusiness App may have at law or in equity.

M. If any provision of this TOS is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this TOS will remain in full force and effect.

4. Payment

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide MyBusiness App information regarding your credit card or other payment instrument. Such payment plan will include the option to prepay for your access to the Service before it begins. Additional information on our payment plans is available at https://mybusinessapp.co.za/mypetparlorapp/pricing, on the Site, or in the order form confirming your purchase. To the extent your use of the Service exceeds the usage limits provided for in your payment plan, you were not invoiced for services rendered, or you missed any payments due on your account, MyBusiness App reserves the right to recover such fees and charge you standard and overage fees for any such regular and excessive use. You represent and warrant to MyBusiness App that any payment information you provide is true and that you are authorized to use the payment instrument for this Service. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay MyBusiness App the amount specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize MyBusiness App to bill your payment instrument in advance of receipt of any Service on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let MyBusiness App know in writing within thirty (30) days after the date that MyBusiness App invoices you. We reserve the right to change MyBusiness App’s prices. If MyBusiness App does change the pricing plans, MyBusiness App will provide notice of the change on the Application or in email to you, at MyBusiness App’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Your failure to provide payment in accordance with your payment plan on a timely basis shall afford MyBusiness App the right to terminate your access to the Service. All fees are non-refundable and exclusive of applicable taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorney's fees MyBusiness App incurs collecting late amounts.

5. Representations and Warranties

You represent and warrant to MyBusiness App that (i) you have full power and authority to enter into this TOS; (ii) you own all your Account Data or have obtained all permissions, releases, rights or licenses required to engage in your activities (and allow MyBusiness App to perform its obligations) in connection with the Service without obtaining any further releases or consents; (iii) your Account Data and other activities in connection with the Service, and MyBusiness App's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does your Account Data contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive, or harassing; (iv) you will comply with all applicable local, national, and international laws and regulations, including South African data protection laws and any telemarketing regulations, and laws governing recording phone calls; and (v) you are eighteen (18) years of age or older. Without limiting the foregoing, you represent and warrant that you shall seek the appropriate consent for any unsolicited marketing calls, agree not to sell your data, and only use any features available on the Service in locations where such features are permissible under applicable laws and regulations.

6. Termination

This TOS will commence on the effective date and will continue until terminated by either party as provided herein. MyBusiness App may terminate this TOS at any time without cause by giving thirty (30) days prior written notice. You may terminate this TOS at any time without cause by giving thirty (30) days prior written notice to MyBusiness App and paying all outstanding fees due to MyBusiness App up to the date of termination. Either party may terminate this TOS immediately upon written notice to the other party if: (a) the other party breaches any material term of this TOS and fails to cure such breach within fifteen (15) days after receiving written notice thereof; (b) the other party becomes insolvent, bankrupt, or subject to any similar proceeding; or (c) the other party ceases to do business in the ordinary course. Upon termination of this TOS for any reason: (i) all licenses granted under this TOS shall immediately terminate; (ii) each party shall return and make no further use of any equipment, property, Documentation and other items (and all copies of them) belonging to the other party; (iii) MyBusiness App may destroy or otherwise dispose of any of your Account Data in its possession unless MyBusiness App receives, no later than ten (10) days after the effective date of the termination of this TOS, a written request for the delivery to you of the then most recent back-up of the Account Data. MyBusiness App shall use reasonable commercial endeavors to deliver the back-up to you within 30 days of its receipt of such a written request, provided that you have, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). You shall pay all reasonable expenses incurred by MyBusiness App in returning or disposing of your Account Data; and (iv) any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the TOS which existed at or before the date of termination shall not be affected or prejudiced.

7. Disclaimer of Warranties

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, AND MYBUSINESS APP 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 MYBUSINESS APP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM MYBUSINESS APP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYBUSINESS APP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS TOS OR THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF MYBUSINESS APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MYBUSINESS APP'S TOTAL LIABILITY UNDER THIS TOS WILL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO MYBUSINESS APP DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR, IF NO FEES APPLY, ONE THOUSAND (R1000) SOUTH AFRICAN RANDS.

9. Indemnification

You agree to indemnify, defend, and hold harmless MyBusiness App and its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of this TOS or any applicable laws or regulations; (b) your breach of any of its obligations, representations, or warranties under this TOS; or (c) any third party claims that your data or content infringes or violates any intellectual property rights, privacy rights, or other rights of any person or entity.

10. Modifications

MyBusiness App may change this TOS with at least 30 days' notice. You can review the most current version of this TOS at any time at https://mypetparlorapp.com/terms "Prior notice" means the revised terms and conditions will be posted on the Service. If you use the Service within 30 days after the notice has been posted, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.

11. Assignment

Neither party may assign or transfer this TOS or any of its rights or obligations hereunder, without the prior written consent of the other party, except that either party may assign this TOS in its entirety to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any attempted assignment or transfer in violation of this section will be null and void. This TOS will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

12. Amendment and Waiver

This TOS may only be amended by a written document executed by both parties. No waiver of any provision of this TOS will be effective unless in writing and signed by the party against whom the waiver is to be enforced. Any waiver of any provision of this TOS will not be construed as a waiver of any other provision or a continuing waiver of the same provision.

13. Governing Law

This TOS will be governed by and construed in accordance with the laws of South Africa, without regard to its conflicts of law principles. Unless otherwise elected by MyBusiness App in a particular instance, any legal action or proceeding arising out of or relating to this TOS will be brought exclusively in the courts located in Gauteng, South Africa, and each party consents to the jurisdiction and venue of such courts.

14. Arbitration

The parties agree that any dispute with respect to any matter covered under this TOS, including any disputed claim for indemnification, will be submitted to mandatory, final and binding arbitration in accordance with the Arbitration Act 42 of 1965 of South Africa, as amended ("the Act"). The arbitration shall be conducted in Gauteng, South Africa before a single arbitrator appointed in accordance with the Act. The arbitration proceedings shall be conducted in the English language. The costs of the arbitration, including the arbitrator's fees and expenses, shall be borne equally by the parties, unless otherwise determined by the arbitrator. The decision of the arbitrator shall be final and binding upon the parties and shall be enforceable in any court of competent jurisdiction. The parties agree to keep the proceedings confidential and not to disclose any information relating to the dispute to any third party, except as may be necessary to enforce the arbitrator's decision.

15. Privacy

Please visit https://mybusinessapp.co.za/privacy to understand how MyBusiness App collects and uses personal information.

16. Confidentiality

Definition. By using the Service, the parties may have access to each other's Confidential Information. "Confidential Information," as used in this TOS, means any written, machine-reproducible and/or visual materials, whether labeled as proprietary, confidential, or with words of similar meaning or not, and all information that is orally or visually disclosed, which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. MyBusiness App Confidential Information includes, without limitation, the Usage Data, including the content therein, including any Software whether in source or executable code, documentation, pricing, business plans, techniques, methods, processes, and the results of any performance tests of the Service.

Exclusions. Confidential Information shall not include information that: (a) is or becomes publicly known through no act or omission of the receiving party; (b) was in the receiving party's lawful possession prior to the disclosure; (c) is rightfully disclosed to the receiving party by a third party without restriction on disclosure; or (d) is independently developed by the receiving party, which independent development can be shown by written evidence.

Use and Nondisclosure. During the term and for a period of five (5) years after expiration or termination of your use of the Service, you shall not make MyBusiness App 's Confidential Information available to any third party or use the other's Confidential Information for any purposes other than exercising your rights and performing your obligations under this TOS. You shall take all reasonable steps to ensure that the other's Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of this TOS. You will ensure that any agents or subcontractors that are permitted to access any of MyBusiness App's Confidential Information are legally bound to comply with the obligations set forth herein. In no event will you use less effort to protect the Confidential Information of the other party than you use to protect your own Confidential Information of like importance.

Confidential Information may be disclosed as required by any governmental agency, provided that before disclosing such information, the disclosing party must provide the non-disclosing party with sufficient advance notice of the agency's request for the information to enable the non-disclosing party to exercise any rights it may have to challenge or limit the agency's authority to receive such Confidential Information.

17. Notice

The Service is conducted electronically and you agree that MyBusiness App may communicate electronically with you for any matters relating to the Service, including but not limited to information and notifications regarding product updates, payments, and ways to more efficiently use the Service, and legal notices of any kind, including cancellation and termination, unless prohibited by law. Any notices to be provided to you under this TOS shall be sent by electronic mail to the last email address that we have on file for you, and you hereby consent to receiving any such notice by electronic mail. Notice shall be deemed to have been given by MyBusiness App on the date we sent the relevant electronic communication with applicable receipt of delivery.