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ACCEPTABLE USE POLICY (AUP)

(For the Restaurant Marketing and Booking Platform Operated by We Are Imaginary Pty Ltd t/a Novel)

Last Updated: 08 April 2025

1. Introduction and Purpose

Welcome to We Are Imaginary Pty Ltd trading as Novel (“Novel” or “the Platform”). This Acceptable Use Policy (“AUP”) outlines the rules and standards governing the use of Novel’s restaurant marketing and booking platform, which facilitates restaurant bookings, processes deposit payments, and disburses funds to participating restaurants within South Africa. The policy is designed to ensure compliance with relevant South African laws, protect all users (including restaurants and customers), and maintain a safe, transparent, and reliable environment.

By accessing or using Novel, you agree to adhere to the provisions of this AUP. We recommend that you review this policy thoroughly and consult with legal counsel if you have any questions or concerns regarding its content.

2. Definitions

For the purposes of this AUP, unless otherwise indicated:

  1. “Novel” or “the Platform” refers to the website, mobile application, or any other online service provided by We Are Imaginary Pty Ltd trading as Novel through which users can make restaurant bookings, pay deposits, and access marketing materials for participating restaurants.
  2. “Restaurant(s)” or “Merchant(s)” refers to any South African restaurant or similar establishment that has an account or profile on Novel to promote its offerings and accept bookings and payments.
  3. “Customer(s)” refers to any individual or entity making use of Novel to browse restaurants, make bookings, or pay deposits.
  4. “User(s)” refers collectively to Restaurants, Customers, and any other persons or entities interacting with Novel in any capacity.
  5. “Deposit Payment” refers to any amount paid by Customers through Novel for the purpose of securing a restaurant booking.
  6. “FICA” means the Financial Intelligence Centre Act, 38 of 2001, as amended, which is applicable to financial transactions and anti-money laundering regulations in South Africa.

3. User Eligibility Requirements

  1. Legal Capacity: Users must be at least 18 years old or possess legal capacity under South African law to enter into binding contracts.
  2. Residency: The Platform is intended for use within South Africa. Users must be domiciled or have a physical presence in South Africa to utilize Novel’s services unless otherwise permitted by Novel.
  3. Compliance with Laws: Users must comply with all applicable South African laws, regulations, and industry best practices related to e-commerce, financial transactions, and data protection.
  4. Accurate Information: Users must provide accurate, complete, and truthful information when creating an account, making a booking, or submitting payment details. Users must update this information if any changes occur.

4. Prohibited Activities and Content

The following activities and content are strictly prohibited on Novel. Violation of these prohibitions may result in immediate account suspension, termination, or other legal action:

4.1 For Restaurants

  1. Illegal Services or Products: Promoting or offering services/products that violate South African law or regulatory frameworks.
  2. Misrepresentation: Providing false or misleading information about the restaurant’s identity, location, licensing, or menu offerings.
  3. Fraudulent Activities: Engaging in or facilitating money laundering, tax evasion, or other financial crimes.
  4. Infringing Content: Posting content that infringes on intellectual property rights or violates privacy, publicity, or other personal rights of third parties.
  5. Unlawful Discrimination: Using discriminatory language or content based on race, gender, religion, sexual orientation, disability, or any other protected characteristic under South African law.

4.2 For Customers

  1. Fraudulent Bookings: Making false reservations, impersonating others, or using stolen payment information.
  2. Chargeback Abuse: Intentionally initiating illegitimate chargebacks or payment reversals to defraud Restaurants or the Platform.
  3. Hate Speech or Harassment: Using harassing, abusive, or hateful language in bookings, reviews, or communications with Restaurants or other Users.
  4. Unauthorized Access: Attempting to gain unauthorized access to Novel’s systems, other User accounts, or any data not intended for public access.

5. Transaction Limitations and Payment Processing Terms

  1. Deposit Collection: Novel collects deposits from Customers on behalf of Restaurants to secure bookings. These deposits are disbursed to the respective Restaurants in accordance with the Restaurant’s arrangement and/or the terms agreed with Novel.
  2. Payment Processors: Novel may rely on third-party payment processors that adhere to FICA and other relevant regulations. Users must comply with the terms set by these payment processors.
  3. Transaction Limits: Novel or its third-party payment processors may impose transaction limits or additional verifications in compliance with anti-money laundering regulations.
  4. Refunds and Cancellations: Any refunds or booking cancellations are subject to the cancellation policy of each Restaurant and Novel’s Terms of Service. Disputes relating to refunds will be handled according to the process in Section 9.
  5. Compliance with FICA: Users acknowledge that Novel or its payment partners may request verification documents (e.g., proof of identity, proof of address) to meet legal obligations under FICA and other anti-money laundering regulations.

6. Restaurant Profile and Marketing Content Guidelines

  1. Accuracy of Information: All descriptions, images, menus, and pricing must be accurate, up-to-date, and not misleading.
  2. Compliance with Laws and Regulations: Content must adhere to South African regulations relating to food safety, liquor licensing, health standards, and any other applicable industry-specific legislation.
  3. Prohibited Content: Restaurant profiles and promotional materials must not contain any content that is obscene, defamatory, harassing, or hateful, nor any content that violates intellectual property or privacy rights.
  4. Review Management: Restaurants should not post fake reviews or manipulate review ratings. Any attempts at review fraud or manipulation may result in sanctions.

7. Data Usage, Protection, and Privacy

  1. Collection of Data: Novel collects personal information (e.g., names, contact details, payment information) to facilitate bookings, process payments, and improve user experience.
  2. Use of Data: Personal data will be used in compliance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”) and in line with our Privacy Policy.
  3. Data Security: Novel employs reasonable technical and organizational measures to protect user data from unauthorized access, disclosure, or misuse.
  4. Third-Party Sharing: We may share relevant data with Restaurants, payment processors, or other service providers for legitimate business purposes, in accordance with POPIA and other applicable laws.
  5. Mobile Accessibility: If you access Novel through a mobile device, you consent to the processing of data collected via such device, subject to the same security measures and privacy principles.

8. Account Suspension and Termination

  1. Grounds for Suspension/Termination: Novel reserves the right to suspend or terminate any account that violates this AUP, our Terms of Service, or any applicable laws or regulations.
  2. Notice: Where practicable, we will provide notice of account suspension or termination, along with an opportunity for Users to remedy the violation if possible.
  3. Preservation of Evidence: In cases of suspected fraud or other illegal activities, Novel may preserve relevant information and cooperate with law enforcement authorities as required by law.

9. Policy Violation Consequences and Dispute Resolution

  1. Consequences: Violating this AUP may lead to various consequences, including warnings, immediate account suspension, permanent account termination, and/or referral to law enforcement.
  2. Dispute Resolution:
    • User Disputes: Users are encouraged to resolve minor disputes informally through direct communication.
    • Formal Process: For disputes regarding policy interpretation, transaction reversals, or alleged violations, Users may submit a complaint to Novel via the contact information in Section 12.
    • Arbitration or Litigation: If disputes cannot be resolved informally, they may be referred to arbitration or litigation, subject to the governing law and jurisdiction provisions in Section 11.

10. Policy Modifications and Update Notifications

  1. Right to Modify: Novel may modify this AUP at any time to reflect changes in the law, regulatory requirements, or our business practices.
  2. Notification: Users will be notified of material changes through the Platform or via email before the changes become effective. Continued use of Novel after notification constitutes acceptance of the updated AUP.

11. Governing Law and Jurisdiction

This AUP shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising under or in connection with this policy shall be subject to the exclusive jurisdiction of the South African courts. Nothing in this AUP shall limit any consumer protection rights that you may be entitled to under applicable South African law.

12. Contact Information

For questions, concerns, or reports of potential violations regarding this AUP, please contact:

We Are Imaginary Pty Ltd t/a Novel

+27712622032

jesse@withnovel.com