1.      Introduction

Please read these general Terms of the relationship between you (visitor or user) and us (Yisani) which cover all use of www.yisani.com. By visiting and using www.yisani.com. you agree to these Terms. We may amend these Terms at any stage and your continued use of our website is deemed as acceptance of those amended Terms. If you do not agree to these Terms or any amendments you must stop using Yisani.com or any services offered by Yisani. Please also read carefully our Privacy Policy at www.yisani.com/privacy-policy.

Yisani.com is owned and operated in South Africa by Yisani (Pty) Ltd, and operated in South Africa by Yisani (Pty) Ltd, Registration Number 2021/433397/07.

2.      How the Site and Services Work

Yisani provides an online scheduling and booking platform that enables Businesses to create and manage an online schedule, list activities, take bookings and manage payments from Clients, collectively referred to as “Business Services”. Yisani also enables Clients to browse activities made available by Businesses, make new bookings, and to manage their bookings and session notifications online, collectively referred to as “Client Services”.

Yisani is not an owner, operator or provider of lessons or activities or any other instruction. Yisani does not own, sell, resell, provide, manage and/or control activities, lessons or classes. Unless explicitly specified otherwise in the Yisani platform, Yisani’s responsibilities are limited to facilitating the availability of the Site and Services.

Yisani cannot and does not control the content contained for any Business and the condition, legality or suitability of any Business. Yisani is not  responsible for and disclaims any and all liability related to any and all Businesses. Accordingly, any bookings will be made or accepted at the Client’s own risk.

3.      Key Terms

The words in bold below have the following meanings:

• Account Holder means any Person who registers as a Business at www.yisani.com.
  
  
• Business means any (but not limited to) studio, business, organisation, company or entity that a Person registers as a Business at www.yisani.com to be able to access and offer the Yisani Site and Services;
  
  
• Client means any Person who receives our Services as offered by any registered Business on Yisani.com;
  
  
• Conflict means if the meaning of any general term conflicts with any other relevant specific term, the specific term will apply. Specific terms apply to a specific section of yisani.com or have been specifically agreed between you and us;
  
  
• Person means any natural or juristic person or any robotic or automated agent of a natural or juristic person;
  
  
• Services means the services provided by Yisani to the Business and Client via www.yisani.com.
  
  
• Site means www.yisani.com and any other websites through which Yisani makes the Services available.
  
  
• Terms means these terms of use and specific terms that apply to a specific section of the Yisani services such as Client services and Business services (“Services”), our privacy policy and any other relevant terms, conditions, policies, disclaimers, authorizations and notices agreed between you and us;
  
  
• We, us or our Yisani (Pty) Ltd in South Africa 2021/433397/07. This includes our officers, agents, employees, owners, co-branders and associates where these Terms limit or exclude our liability;
  
  
• You or your means any visitor or Person making use of our Services;
  
  

4.      Terms of Use

4.1. Business Accounts

When you register a Business on Yisani , you become the Account Holder for that Business and you confirm that you have the authority to bind any Person who uses your Yisani business account for our Services including but not limited to instructors, teachers or staff. When you register a Business at Yisani.com , become an Account Holder and use our Services, you do so in accordance with these Terms and specific terms.

4.2. Client Accounts

When you register as a Client on Yisani.com , you confirm that you have the authority to bind any Person who uses your Client account for our Services. When you register as a Client at Yisani.com  , and use our Services, you do so in accordance with these Terms and specific terms.

4.3. License and Use

Licence. We grant you a limited license to use Yisani.com in accordance with these Terms. We may cancel your license at any time for any reason.

Framing. You may not frame Yisani.com or any of its pages without our prior written consent.

Links from our site. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Linking. You may only link to the home page (Yisani.com) and the browse activities page (Yisani.com/browse) of Yisani. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in Yisani.com or Yisani intellectual property without our prior written consent.

Virtual agents. You may not use any technology (including spiders, crawlers, bots and similar virtual agents) to search or gain any information from Yisani.com or Yisani.

4.4. Charges

Online Payment Processing. Yisani has partnered with Payfast Payments (https:Payfast.co.za) to enable businesses in South Africa to accept online card payments for bookings. Our integrated online payment processing facility means clients can pay for their bookings using a credit or debit card from anywhere and enjoy instant booking confirmation. The following non-refundable payment processing booking fees apply.

Yisani Fees. Online payments processed by Payfast and Yisani will be paid out to businesses monthly, less the non-refundable 10% mark-up that Yisani includes in the advertised price for all your offerings. Whilst we will make every effort to display the costs of this Service to users, we cannot be held liable should you fail to understand the costs before offering your bookings through Yisani.

         

3D Secure. To comply with 3DSecure authentication, on credit and debit card payment R1.00 (Payfast) will be temporarily deducted from the Client’s account to check that the card being used is valid. The amount will return to the Client’s account after a period determined by the processing bank.

Changes to Fees. Yisani may review and increase fees, provided that such charges cannot be increased more than once in any six (6) month period. Yisani shall give the Business written notice of any such increase at least two (2) months prior to any price increase.

Refunds. Where a Business or Client believes a payment was processed in error they must provide written notice to Yisani within thirty (30) days of the payment date. Yisani reserves the right to review and respond within seven (7) days of receiving the written notice. Where an error was found to be made by Yisani , a refund will be issued to the same bank card or bank account from which the payment in question was made. Yisani will not be held responsible for issuing refunds if the Business or Client used a third-party payment method.

4.5. Bookings

Not liable. Yisani is not responsible for and disclaims any and all liability related to any and all Businesses. Accordingly, any bookings will be made or accepted at the Client’s own risk.

Disputes. Where a Client has a dispute with any booking, or payment thereof, they should contact the relevant Business or Practitioner to seek resolution.

Refunds. Where a Client has requested a refund for any booking, or payment thereof, they should contact Yisani to seek resolution.

4.6. Intellectual Property

Ownership. We own Yisani.com and (together with any licensors) and associated content and other rights in it, including all intellectual property rights such as copyright and trademark rights. All moral rights are reserved.

Trade marks. You may not use any trademark, trade name, brand or logo of Yisani or related marketing material without our prior written consent.

Restrictions. Unless we expressly allow, Yisani.com may not be:

• copied, modified or used to make derivative works;
  
  
• transferred, distributed, decompiled or reverse engineered, or
  
  
• rented, leased, loaned, sold or assigned;
  
  

4.7. Important Disclaimers and Limitations of Liability

You use Yisani.com at your own risk. We provide Yisani.com and Yisani services ‘as is’. We do not give any express or implied warranty or make any other undertaking about Yisani.com or Yisani services. For example, we do not warrant that it is of a specific quality, fit for any particular purpose, accurate, complete, up-to-date, effective or secure. We do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have uninterrupted use of it.

No control over content. Yisani cannot and does not control the content contained for any Business including but not limited to, activity schedules and times, activity locations, activity types or activity prices, and the condition, legality or suitability of any Business. Yisani is not responsible for and disclaims any and all liability related to any and all Businesses. Accordingly, any bookings will be made or accepted at the Client’s own risk.

You indemnify us. You indemnify us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) related to your use of Yisani.com

Faults. We will use our best endeavors to fix any faults in Yisani.com as soon as reasonably possible after we have been informed of any faults or errors. This is the extent of our responsibility and liability for any fault or error in Yisani.com

Direct damages limited. If the previous clause does not apply for any reason whatsoever, our maximum liability to you for all claims of direct damages is limited to the amount you have directly paid us, for any services we have provided to you including the services provided through Yisani.com This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.

No liability for indirect damages. We will not be responsible for any indirect or consequential damages or losses, including losses caused by negligent conduct. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.

4.8. No Endorsement

Yisani.com does not endorse any Business.

4.9. General

Assignment. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under any circumstances without our prior written consent.

Waiver. A waiver of any right under these Terms is only effective if it is in writing and it applies only to the Person to whom the waiver is addressed and to the circumstances for which it is given. Unless specifically provided otherwise, rights arising under these Terms or an agreement are cumulative  and exclude rights provided by law.

Governing Law (South Africa). Any dispute or claim arising out of or in connection with Yisani.com or services provided by Yisani 2021/433397/07 (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of South Africa any Person unreservedly submits to the jurisdiction of the High Court of South Africa .

Other. We are not responsible for anyone else’s website(s) or services including the website(s) or services of Business or affiliates.

5. Contact Details

Yisani (Pty) Ltd

The Energy Works

1 1st Ave east

Parkwood

Johannesburg
South Africa