Novel

Sign inGet started

TERMS OF SERVICE

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

Last Updated: 08 April 2025

1. Introduction

Welcome to the restaurant marketing and booking platform (“the Platform”) operated by We Are Imaginary Pty Ltd trading as Novel (“Novel,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, mobile application, and any related services we provide (collectively, “Services”). By using our Services, you agree to be bound by these Terms, as well as our Acceptable Use Policy and Privacy Policy, which are incorporated by reference.

If you have any questions about these Terms, please contact us using the details provided in Section 15. If you do not agree with any part of these Terms, please discontinue use of our Services immediately.

2. Definitions

For the purposes of these Terms:

  1. “Customer” means any individual or entity using the Platform to browse, make restaurant bookings, or pay deposits.
  2. “Restaurant” or “Merchant” means any South African restaurant or similar establishment that has an account or profile on the Platform.
  3. “User” or “you” means any person or entity accessing or using the Services, including both Customers and Restaurants.
  4. “Deposit Payment” refers to any amount paid by Customers through the Platform for the purpose of securing a restaurant booking.
  5. “Content” refers to all text, images, logos, user reviews, ratings, graphics, and other materials published or posted on the Platform.

3. Acceptance of These Terms

  1. Legal Capacity: By accessing or using our Services, you represent that you are at least 18 years of age (or the legal age of majority in your jurisdiction) and capable of entering into a legally binding agreement under South African law.
  2. Binding Agreement: These Terms constitute a binding legal agreement between you and Novel. If you do not agree to these Terms, you must not access or use our Services.

4. Account Registration and User Obligations

  1. Account Creation: In order to access certain features of the Platform, you may be required to create a user account. You agree to provide accurate and complete information and to update such information if it changes.
  2. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. If you suspect any unauthorized use of your account, please notify us immediately.
  3. Prohibited Activities: Your use of the Platform must comply with our Acceptable Use Policy. You agree not to engage in any activity that is fraudulent, abusive, or otherwise violates the rights of any other user or third party.

5. Bookings and Payment Terms

  1. Restaurant Bookings: Novel facilitates the booking of tables and collection of Deposit Payments on behalf of participating Restaurants. Any subsequent arrangement (e.g., ordering of meals, dining services) is directly between you and the Restaurant.
  2. Deposits and Fees:
    • Customers may be charged a Deposit Payment to secure their bookings. This deposit is collected through our third-party payment processors.
    • Restaurants agree that Deposits may be subject to standard payment processor fees and any Platform fees specified by Novel.
  3. Payment Processing:
    • All payment processing is handled by third-party payment processors in compliance with relevant South African regulations, including the Financial Intelligence Centre Act, 38 of 2001 (FICA).
    • Novel does not store or process your full payment card details; such data is handled by our payment partners.
  4. Refunds and Cancellations: Any refund or cancellation policies are set by each Restaurant. Novel may facilitate the refund process but is not responsible for the final decision on refunds. Disputes relating to bookings or refunds are addressed in Section 13.

6. Restaurant Obligations

  1. Accurate Information: Restaurants must provide truthful and up-to-date information about their business, including location, contact details, operating hours, and menu offerings.
  2. Compliance with Laws: Restaurants shall ensure they have all necessary permits, licenses, and authorizations required by South African law to operate their establishments and accept bookings or payments via the Platform.
  3. Service Fulfillment: Restaurants are solely responsible for fulfilling bookings, providing services, and honoring any promotions or offers listed on the Platform.

7. Intellectual Property Rights

  1. Ownership: All intellectual property rights in and to the Platform, Services, and associated Content (excluding User Content) are owned by or licensed to Novel. Users are granted a limited, non-transferable, revocable license to access and use the Platform solely for personal, non-commercial purposes.
  2. User Content:
    • License: By submitting or posting content on the Platform (e.g., reviews, comments, images), you grant Novel a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, and display your content in connection with the Services.
    • Warranties: You represent and warrant that you own or have the necessary rights to your posted content, and that such content does not infringe the intellectual property rights or privacy rights of any third party.

8. User Conduct and Acceptable Use

You agree to comply with our Acceptable Use Policy, which sets out specific prohibitions regarding content, behavior, and activities that are not permitted on the Platform. Any breach of the Acceptable Use Policy will constitute a material breach of these Terms.

9. Third-Party Services and Links

  1. Third-Party Websites: The Platform may contain links to third-party websites or services. These links are provided for convenience only, and Novel does not endorse or assume responsibility for any third-party content, privacy policies, or practices.
  2. No Liability: Novel is not liable for any losses or damages arising from your use of third-party services or websites, even if accessed through links provided on the Platform.

10. Disclaimer of Warranties

  1. As Is and As Available: The Services are provided on an “as is” and “as available” basis. Novel makes no representations or warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  2. Restaurant Responsibility: Novel does not guarantee the quality, safety, or suitability of any Restaurant or the services they provide. Any issues or disputes regarding restaurant services must be resolved directly between the Customer and the Restaurant.

11. Limitation of Liability

  1. Indirect Damages: To the maximum extent permitted by law, Novel shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from or relating to your use of the Platform.
  2. Aggregate Liability: In no event shall Novel’s aggregate liability to you for all claims related to the use of the Platform exceed the total amount paid by you to Novel (if any) in the 12 months preceding the event giving rise to liability, or the sum of R1,000, whichever is lesser.
  3. Consumer Rights: Nothing in these Terms shall limit or exclude any statutory rights you are entitled to under applicable consumer protection laws in South Africa.

12. Indemnification

You agree to indemnify, defend, and hold harmless Novel, its directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in connection with:

  1. Your breach of these Terms or the Acceptable Use Policy;
  2. Your misuse of the Platform;
  3. Any content you upload or submit to the Platform; or
  4. Your violation of any applicable law or the rights of a third party.

13. Dispute Resolution

  1. Informal Resolution: Users are encouraged to resolve disputes directly between themselves (e.g., Customer and Restaurant) wherever possible.
  2. Contacting Novel: If a dispute remains unresolved, you may contact Novel at the details in Section 15.
  3. Arbitration or Litigation: If the dispute is not resolved informally, it may be referred to arbitration or litigation as governed by Section 14.
  4. No Class Actions: To the fullest extent permitted by law, you agree to resolve any disputes individually and not through any class or collective action.

14. Governing Law and Jurisdiction

These Terms 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 these Terms shall be subject to the exclusive jurisdiction of the South African courts. Nothing in this clause affects any consumer protection rights you may have under South African law.

15. Changes to These Terms

Novel may modify these Terms from time to time to reflect changes in our services, legal requirements, or other considerations. When we make material changes, we will provide notice through the Platform or via email before the updated Terms take effect. Your continued use of the Platform after any such updates constitute your acceptance of the modified Terms.

16. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Services, please contact us at:

We Are Imaginary Pty Ltd t/a Novel

+27712622032

jesse@withnovel.com