Terms of Service

1. Introduction

Welcome to Nextapt ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Nextapt platform, including our website, WhatsApp-based booking system, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all users of the Service, including merchants (service providers) and customers (end users).

2. Acceptance of Terms

2.1 Agreement: By creating an account, accessing our platform, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2.2 Age Requirement: You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you are at least 18 years of age.

2.3 Legal Capacity: You represent that you have the legal capacity to enter into binding contracts under South African law.

3. Service Description

3.1 Platform Purpose: Nextapt provides a WhatsApp-based booking and appointment management system that connects service providers (merchants) with customers.

3.2 Core Features:

• QR code-based booking initiation
• WhatsApp integration for booking communication
• Automated booking confirmations and reminders
• Payment processing for booking fees
• Merchant dashboard for managing bookings and services
• Customer booking history and management

3.3 Service Availability: We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, updates, or due to circumstances beyond our control.

4. Merchant Terms

4.1 Registration: Merchants must provide accurate, complete, and current information during registration, including:

• Business name and contact information
• Valid South African phone number
• Service offerings and availability
• Bank account details for payment processing

4.2 Merchant Responsibilities:

• Maintain accurate service information and availability
• Honor all confirmed bookings or provide timely cancellations
• Respond to customer inquiries promptly via WhatsApp
• Provide quality services as advertised
• Comply with all applicable laws and regulations
• Maintain professional conduct with customers

4.3 Account Security: Merchants are responsible for maintaining the confidentiality of their account credentials and for all activities under their account.

4.4 Business Compliance: Merchants must operate legally registered businesses and comply with all South African business regulations, tax requirements, and industry-specific regulations.

5. Customer Terms

5.1 Booking Process: Customers initiate bookings by scanning merchant QR codes and following the WhatsApp-based booking flow.

5.2 Customer Responsibilities:

• Provide accurate contact and booking information
• Honor confirmed bookings or cancel with reasonable notice
• Pay applicable booking fees
• Communicate respectfully with merchants
• Use the Service for lawful purposes only

5.3 Booking Confirmations: Bookings are confirmed upon successful payment of the booking fee. Confirmation will be sent via WhatsApp.

5.4 No-Shows: Booking fees are non-refundable for customer no-shows without prior cancellation notice.

6. Pricing and Payment Terms

6.1 Booking Fees:

• Customers pay a booking fee per confirmed booking (currently R1.00 - R1.10)
• The booking fee is charged at the time of booking
• Fees are subject to change with 30 days' notice

6.2 Payment Processing:

• Payments are processed through PayFast, our third-party payment provider
• You agree to PayFast's terms and conditions
• We do not store credit card information

6.3 Service Charges: The booking fee covers platform usage and does not include the cost of the actual service provided by the merchant. Service costs are separate and agreed upon between customer and merchant.

6.4 Merchant Payouts:

• Merchants receive booking fees minus payment processing costs
• Payouts are processed according to agreed schedules
• Minimum payout thresholds may apply

6.5 Taxes: All fees are exclusive of applicable taxes. Users are responsible for any taxes, duties, or levies imposed by tax authorities.

7. Cancellation and Refunds

7.1 Customer Cancellations:

• Customers may cancel bookings through WhatsApp
• Cancellation policies are set by individual merchants
• Booking fees may be refundable at merchant's discretion

7.2 Merchant Cancellations: If a merchant cancels a confirmed booking, the booking fee will be refunded to the customer within 5-7 business days.

7.3 Refund Processing: Approved refunds are processed through the original payment method and may take 5-10 business days to appear in your account.

8. Intellectual Property Rights

8.1 Our Rights: The Service, including all content, features, functionality, software, logos, and trademarks, is owned by Nextapt and protected by South African and international copyright, trademark, and other intellectual property laws.

8.2 Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose, subject to these Terms.

8.3 Restrictions: You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer or attempt to extract source code
• Remove or alter any proprietary notices
• Use the Service for commercial purposes beyond your intended use
• Frame or mirror any part of the Service

8.4 User Content: You retain ownership of content you submit (business information, service descriptions). By submitting content, you grant us a license to use, display, and distribute it as necessary to provide the Service.

9. Prohibited Uses

You agree not to use the Service to:

• Violate any local, provincial, national, or international law
• Transmit any harmful, threatening, abusive, or offensive content
• Impersonate any person or entity
• Engage in fraudulent activities or money laundering
• Transmit spam, chain letters, or unsolicited communications
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to the Service
• Collect user information without consent
• Use automated systems (bots, scrapers) without permission
• Offer illegal services or products
• Engage in activities that harm Nextapt's reputation

10. Disclaimer of Warranties

10.1 "As Is" Basis: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

10.2 No Warranty: We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free operation
• Security or freedom from viruses

10.3 Merchant Services: We do not warrant the quality, safety, or legality of services provided by merchants. We are not responsible for merchant conduct or service delivery.

10.4 Third-Party Services: The Service integrates with third-party platforms (WhatsApp, PayFast). We are not responsible for the availability, functionality, or policies of these third-party services.

11. Limitation of Liability

11.1 Maximum Liability: TO THE FULLEST EXTENT PERMITTED BY SOUTH AFRICAN LAW, NEXTAPT'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR R500, WHICHEVER IS GREATER.

11.2 Exclusion of Damages: WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from merchant-customer disputes
• Damages from unauthorized access to your account
• Damages from third-party services (WhatsApp, PayFast)
• Damages from service interruptions or errors

11.3 Indemnification: You agree to indemnify and hold Nextapt harmless from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any rights of third parties.

12. Dispute Resolution

12.1 Governing Law: These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law provisions.

12.2 Jurisdiction: Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.

12.3 Informal Resolution: Before initiating formal proceedings, you agree to attempt to resolve disputes informally by contacting us at support@nextapt.co.za.

12.4 Time Limit: Any cause of action arising from these Terms must be commenced within one (1) year after the cause of action accrues, or it will be permanently barred.

13. Account Termination

13.1 Your Right to Terminate: You may terminate your account at any time by contacting support@nextapt.co.za.

13.2 Our Right to Terminate: We may suspend or terminate your account immediately if:

• You violate these Terms
• We suspect fraudulent or illegal activity
• Your account has been inactive for 12 months
• Required by law or regulatory authority
• You engage in conduct harmful to other users or our business

13.3 Effect of Termination:

• Your right to use the Service ceases immediately
• We may delete your account data after 30 days
• Outstanding financial obligations remain due
• Provisions that should survive termination (liability, disputes) remain in effect

13.4 Data Export: Before termination, you may request an export of your data by contacting us. Data exports are provided in standard formats (CSV, JSON) where technically feasible.

14. Modifications to Terms

14.1 Right to Modify: We reserve the right to modify these Terms at any time at our sole discretion.

14.2 Notice: We will provide notice of material changes by:

• Updating the "Last Updated" date at the top of this page
• Sending email notification to your registered email address
• Displaying a notice on the Service

14.3 Acceptance: Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

14.4 Rejection: If you do not agree to modified Terms, you must stop using the Service and may terminate your account.

15. Data Protection and Privacy

15.1 Privacy Policy: Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

15.2 POPIA Compliance: We comply with the Protection of Personal Information Act, 2013 (POPIA) in our handling of your personal data.

15.3 Consent: By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

16. General Provisions

16.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nextapt regarding the Service.

16.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

16.4 Assignment: You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

16.5 Force Majeure: We are not liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, pandemics, or failures of telecommunications or internet services.

16.6 Relationship: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Nextapt.

17. Contact Information

If you have questions about these Terms of Service, please contact us: