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DISPUTE MANAGEMENT POLICY

(For We Are Imaginary Pty Ltd t/a Novel)

Last Updated: 08 April 2025

1. Introduction

We Are Imaginary Pty Ltd trading as Novel (“Novel,” “we,” “us,” or “our”) is committed to providing a fair and transparent process for resolving disputes that may arise in connection with the use of our restaurant marketing and booking platform (“Platform” or “Services”). This Dispute Management Policy (“Policy”) explains the steps and procedures we follow to address and resolve disputes between Users, including Customers and Restaurants, and with Novel itself.

2. Scope

This Policy applies to disputes arising out of or relating to:

  1. Bookings and Services: Issues regarding restaurant bookings, deposit payments, cancellations, refunds, or any service provided through the Platform.
  2. User Interactions: Conflicts between Users (e.g., Customers and Restaurants) concerning misconduct, breaches of our Acceptable Use Policy, or other Platform-related matters.
  3. Platform-Related Concerns: Any dispute or complaint directed to Novel regarding our policies, technical issues, billing errors, or alleged violations of legal or contractual obligations.

This Policy should be read in conjunction with our Terms of Service, Acceptable Use Policy, and Privacy Policy. Where any inconsistency arises, our Terms of Service will take precedence.

3. Definitions

  • “Customer”: An individual or entity using the Platform to browse, make restaurant bookings, or pay deposits.
  • “Restaurant” or “Merchant”: A restaurant or similar establishment with a profile on the Platform.
  • “User”: Any person or entity who accesses or uses the Platform, including both Customers and Restaurants.
  • “Dispute”: Any disagreement, conflict, claim, complaint, or alleged violation of rights and obligations arising from the use of the Platform or interaction with another User or with Novel.

4. Guiding Principles

  1. Fairness: Disputes are handled objectively and impartially, ensuring that all parties receive a fair opportunity to present their case.
  2. Timeliness: We aim to address and resolve disputes as swiftly as possible to minimize inconvenience and maintain trust.
  3. Transparency: Our procedures and decisions will be communicated clearly to all parties involved.
  4. Compliance: All dispute resolution processes comply with relevant South African laws and regulations, including the Consumer Protection Act, 68 of 2008, where applicable.

5. Dispute Management Process

5.1 Step 1: Initial Communication Between Parties

  1. Direct Resolution: Where feasible, we encourage Users to first communicate directly to resolve minor issues. For instance, a Customer who believes they were overcharged should first contact the Restaurant to discuss the discrepancy.
  2. Documentation: It is helpful for both parties to keep records of communications, such as emails or chat messages, as these may be required later if the dispute escalates.

5.2 Step 2: Escalation to Novel

If the dispute cannot be resolved through direct communication:

  1. Submitting a Formal Complaint:
    • Method: The aggrieved User should submit a complaint to Novel via email/online form/telephone, providing relevant details, including booking references, dates, amounts, and any supporting documentation.
    • Acknowledgment: We will acknowledge receipt of the complaint within a reasonable timeframe, typically within two (2) business days.
  2. Assignment to a Case Handler:
    • Novel will assign the complaint to a designated case handler who will oversee the dispute resolution process.
    • The case handler may request additional information or clarification from either party.

5.3 Step 3: Investigation

  1. Information Gathering:
    • The case handler will collect and review all relevant information, including communications between the parties, booking details, and any evidence submitted.
    • The case handler may also consult external resources or experts if specialized knowledge is required (e.g., investigating potential fraudulent activity, compliance with legal requirements).
  2. Evaluation:
    • Based on the gathered information, Novel will evaluate the facts of the dispute, referencing applicable policies, including our Terms of Service, Acceptable Use Policy, and relevant South African laws.

5.4 Step 4: Proposed Resolution

  1. Outcome Determination:
    • Once the investigation is complete, Novel will propose a resolution. Possible outcomes may include a partial or full refund, credit to the Customer, updated billing, account suspension (in cases of policy violations), or other remedial actions.
  2. Communication of Resolution:
    • Novel will communicate the proposed resolution to both parties, explaining the reasoning behind the decision.
    • If either party disagrees with the proposed resolution, they may provide additional information or request further review.

5.5 Step 5: Final Decision and Implementation

  1. Final Decision:
    • After considering any additional input, Novel will issue a final decision.
    • This decision will be communicated in writing (e.g., email), and any required action or compliance steps must be carried out within the specified timeframe.
  2. Implementation:
    • Novel will facilitate or supervise any implementation measures, such as processing refunds or imposing account restrictions.
    • Once the decision has been implemented, the dispute will be marked as closed.

6. External Remedies

  1. Arbitration or Litigation: If a dispute cannot be resolved through the internal procedures outlined above, Users may consider external avenues such as arbitration or litigation, as described in our Terms of Service.
  2. Regulatory Bodies: Users may also lodge complaints with relevant consumer protection bodies or financial sector regulators in South Africa, where applicable (e.g., the National Consumer Commission).

7. Fraud and Illegal Activities

  1. Immediate Action: Novel reserves the right to suspend or terminate any account involved in suspected fraudulent or illegal activities without prior notice.
  2. Cooperation with Authorities: We may report suspicious behavior or illegal activities to law enforcement or regulatory agencies and cooperate fully with their investigations.

8. Confidentiality

  1. Privacy of Parties: All information and documentation shared during the dispute resolution process will be treated as confidential and used solely for the purpose of resolving the dispute, unless disclosure is required by law.
  2. Use of Aggregate Data: Novel may use anonymized or aggregated dispute data for statistical or analytical purposes to improve our Services and dispute resolution processes.

9. Timeframes

  1. Acknowledgment: We will acknowledge receipt of a dispute or complaint within two (2) business days.
  2. Investigation Period: Depending on the complexity of the dispute, the investigation may take between one (1) and four (4) weeks. In more complex cases, we will keep the parties informed of any expected delays.
  3. Resolution: We aim to provide a resolution or final decision within one (1) week after completing the investigation, although circumstances may require additional time.

10. Policy Amendments

Novel may update or amend this Policy to reflect changes in our business practices, user feedback, or legal requirements. Any material changes will be communicated to Users through the Platform or via email. The updated Policy will take effect once published, and continued use of the Services after that date constitutes acceptance of the revised Policy.

11. Contact Information

If you have questions about this Dispute Management Policy or wish to submit a dispute, please contact us at:

We Are Imaginary Pty Ltd t/a Novel

+27712622032

jesse@withnovel.com