Terms of Service

Last Updated: May 2, 2023

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the ImaliBooks Pty Ltd Software ("Service") operated by ImaliBooks Pty Ltd ("us", "we", or "our").

These Terms apply to all visitors, users, and others who access or use the Service. By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree with these Terms, please do not use the Service.

Account Creation and Responsibility

When you create an account with us, you must provide us with accurate, complete, and current information. Any failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party.

Use of the Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Subscription

The details of subscription fees and other charges related to the usage of the Application are outlined on our Site. These may be subject to change occasionally. If we revise our subscription fees, we will provide a notice period of at least 30 days. Your ongoing usage of the Application after the implementation of revised fees or charges signifies your agreement with the updated prices. However, these changes will not affect the current billing period. Please note that fees associated with payment transactions may vary without prior notice, at the discretion of our payment platform partners.

Refund Policy

Please note that we do not provide refunds for our online bookkeeping software subscriptions. We strongly encourage users to explore our free package before deciding to subscribe to our paid services. By using our free package, you can get a clear understanding of our software's functionality and ensure that it meets your specific needs before committing to a paid subscription.

Marketing

The Services provided by ImaliBooks Pty Ltd may feature advertisements and promotional content from entities other than ImaliBooks Pty Ltd. Interactions or transactions between you and these third-party advertisers, including engagement in promotional offers, and any agreements, terms, guarantees, or statements related to such interactions, are strictly between you and the respective third-party. ImaliBooks Pty Ltd does not accept liability or responsibility for any losses or damages you may experience from these interactions or as a consequence of these third-party advertisements being presented within the Services.

Payment

Imalibooks do not store payment cards on our systems. We use PayFast to recieve payments made on our website. Additionally, we provide three payment integrations to our registered users and you are responsible for the integration information provided on our system

We currently support integrations for PayFast, Yoco and PayGate to recieve payments from your clients/customers

Kindly note that all postage stamps bought through "snail mail" are non-transferable and non-refundable. There will be no reimbursements for unused stamps.

We endeavor to maintain the accuracy of the Site and the description of the Services. However, there may be instances of typographical, illustrative, or pricing errors. We reserve the right to rectify such errors whenever identified. All prices are provided and payable in United States' Dollars. Unless mentioned otherwise, prices are indicated prior to shipping charges, GST, PST, QST, HST, or any other applicable taxes. These additional charges will be added to the total cost but will be detailed separately. It is your responsibility to pay all taxes relevant to the fees and charges in any applicable jurisdiction.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms, please contact us at support@imalibooks.com

Privacy Policy

Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.

Indemnity

You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims, or expenses (including attorneys' fees), made against us by any third party due to, arising out of, or in connection with your use of the Service.

Limitation of Liability

In no event shall ImaliBooks Pty Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Intellectual Property Rights

All intellectual property rights in the Service and its content (including, without limitation, text, graphics, images, logos, and software) are owned by us or our licensors. Except as explicitly provided in these Terms, nothing in these Terms shall be deemed to create a license in or under such intellectual property rights.

Dispute Resolution

If there is a dispute between you and us, we strongly encourage you to first contact us directly to seek a resolution. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the Arbitration Foundation of Southern Africa.

Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

Dependability and Safety Provisions

At ImaliBooks Pty Ltd, we understand that our software plays an integral role in our clients' business operations and record keeping. We are fully committed to our responsibilities towards our customers, prioritizing the security and dependability of the software, systems, and data constituting the ImaliBooks Pty Ltd application.

Security Measures

Secure Sockets Layer (SSL)

We employ 256-bit SSL encryption to secure all data transmissions between your browser and ImaliBooks Pty Ltd. The lock symbol in your browser certifies that you're not being misled by a phishing site pretending to be ImaliBooks Pty Ltd, and your data is safe during transfer.

Firewall Protection

The ImaliBooks Pty Ltd application, including your data, is sheltered securely behind firewalls.

Regular Security Scanning

Our servers are periodically scanned for vulnerabilities. These scans review our servers from the internet and within our network, swiftly addressing any newly found issues.

Industry-Standard Encryption

We adopt industry-standard encryption techniques and methodologies to responsibly send sensitive information, including cardholder data.

Secure Development Practices

ImaliBooks Pty Ltd developers adhere to secure development practices outlined in OWASP. We also abide by the principles of least access.

Breach Notification

In the event of a security or privacy breach, we commit to alerting the relevant authorities and affected customers within the legally prescribed timelines, in accordance with Applicable Data Protection Law.

Reliability

Server and Data Center Redundancy

ImaliBooks Pty Ltd' infrastructure employs redundant servers and data centers to maintain application and data accessibility in case of hardware failure. Additionally, we use another set of servers and storage in a geographically distinct data center as a contingency plan in case of a disaster or disruption at our primary site.

Cloud Hosting

We use Azure Microsoft for our hosting needs. With its ability to cater to a wide range of clients and needs, Azure offers a platform that enables swift feature delivery, continuous product innovation, reliable security and stability, and minimal downtime.

Data Backups

Your ImaliBooks Pty Ltd account data is safely secured in a reliable cloud storage to avoid any potential loss.

For any queries or concerns related to security, feel free to get in touch with us directly.

Responsible Disclosure of Security Vulnerabilities

If you're a security researcher and suspect a security vulnerability with our service, product, or website, please refer to our responsible disclosure policy page for instructions on reporting it to us.

Disclaimer

The usage of the Site, Services, Software, including but not limited to, the Application and the ImaliBooks Pty Ltd API, Content, collectively referred to as the "ImaliBooks Pty Ltd Solution", and any third-party services or materials, is entirely at your discretion and risk. Except as outlined in this Agreement, the ImaliBooks Pty Ltd Solution is provided "as is". ImaliBooks Pty Ltd, along with its affiliates, subsidiaries, and their respective third-party providers, licensors, distributors, or suppliers, collectively referred to as "Suppliers", disclaim all warranties and conditions, whether implied or express, to the fullest extent permitted by law. This includes any warranty or condition related to the suitability for a specific purpose, the quality, or the non-infringement of any intellectual property rights of the ImaliBooks Pty Ltd Solution or any third-party services or materials.

The Suppliers also deny all express or implied warranties and conditions regarding the accuracy, reliability, or quality of the content linked to or contained within the ImaliBooks Pty Ltd Solution. ImaliBooks Pty Ltd, along with its affiliates, subsidiaries, and Suppliers, do not guarantee that the ImaliBooks Pty Ltd Solution will be secure, free from bugs, interruptions, viruses, errors, data loss, theft, or destruction.

Some regions may not permit the exclusion of implied warranties or conditions, so the aforementioned disclaimers might not be applicable to you. This disclaimer provides you with certain legal rights, and you may also have other rights that vary depending on the region.

ImaliBooks Pty Ltd, its subsidiaries, affiliates, and Suppliers, renounce any representations or warranties that the use of the Services will ensure compliance with any legal regulations, obligations, or laws.