Terms of Service

These Terms of Service ("Terms") govern your access to and use of CrecheBooks services, including our website, applications, and any related services (collectively, the "Service"). By using the Service, you agree to be bound by these Terms.

CrecheBooks (Pty) Ltd ("CrecheBooks", "we", "us", or "our") is a company registered in South Africa. These Terms are effective as of 1 January 2025.

1. Account Terms

1.1 Account Registration

• You must be at least 18 years old to create an account and use our Service
• You must provide accurate, complete, and current information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorised access to your account
• One person or entity may not maintain multiple accounts

1.2 Account Security

You are solely responsible for all activities that occur under your account. CrecheBooks will not be liable for any loss or damage arising from your failure to maintain the security of your account.

2. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Upload or transmit viruses, malware, or any other malicious code
• Attempt to gain unauthorised access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Service
• Use automated means (bots, scrapers) to access the Service without permission
• Resell, sublicense, or commercially exploit the Service without our consent
• Use the Service to store or transmit infringing, defamatory, or illegal content
• Impersonate any person or entity or misrepresent your affiliation

3. Payment Terms

3.1 Pricing and Currency

• All prices are quoted in South African Rand (ZAR) unless otherwise specified
• Prices exclude VAT unless explicitly stated
• We reserve the right to change prices with 30 days' notice

3.2 Subscription Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Your subscription will automatically renew unless cancelled before the renewal date
• You may cancel your subscription at any time through your account settings
• No refunds are provided for partial months or unused time in your billing period

3.3 Payment Methods

We accept the following payment methods:

• Credit and debit cards (Visa, MasterCard)
• EFT (Electronic Funds Transfer)
• Debit orders

3.4 Failed Payments

If a payment fails, we will attempt to process it again. After multiple failed attempts, your account may be suspended until payment is received. We will notify you by email of any payment issues.

4. Service Level Agreement

4.1 Availability

We strive to maintain 99.9% uptime for our Service. However, we do not guarantee uninterrupted access and may experience occasional downtime for maintenance, updates, or unforeseen circumstances.

4.2 Support

• Email support is available Monday to Friday, 8am to 5pm SAST
• Response times vary by plan and priority level
• Priority support is available on Professional and Enterprise plans

4.3 Maintenance

We will provide at least 24 hours' notice for scheduled maintenance that may affect Service availability, except in emergency situations.

5. Data Ownership

5.1 Your Data

You own your data. All data you enter into CrecheBooks, including but not limited to child records, financial information, and staff data, remains your property. We do not claim any ownership rights over your data.

5.2 Data Export

You may export your data at any time in commonly used formats (CSV, PDF). Upon account termination, you will have 30 days to export your data before it is permanently deleted.

5.3 Data Use

We may use anonymised, aggregated data for analytics and service improvement purposes. This data cannot be used to identify you or your creche.

6. Intellectual Property

6.1 Our Intellectual Property

CrecheBooks and its licensors retain all rights, title, and interest in and to the Service, including all software, designs, trademarks, and content. These Terms do not grant you any rights to our intellectual property except for the limited right to use the Service.

6.2 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to compensate you.

7. Termination

7.1 Termination by You

You may terminate your account at any time by cancelling your subscription in your account settings. Termination will be effective at the end of your current billing period.

7.2 Termination by Us

We may terminate or suspend your account if you:

• Violate these Terms
• Fail to pay applicable fees
• Engage in fraudulent or illegal activities
• Have been inactive for more than 12 months (free accounts)

7.3 Effect of Termination

Upon termination:

• Your right to access the Service will cease immediately
• You will have 30 days to export your data (unless terminated for cause)
• We will delete your data after the retention period
• Any outstanding fees remain due and payable

8. Limitation of Liability

8.1 Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRECHEBOOKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorised access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or other harmful code that may be transmitted through the Service

8.3 Cap on Liability

Our total liability for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

9. Indemnification

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

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or transmit through the Service

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Cape Town, South Africa.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@crechebooks.co.za and attempt to resolve the dispute informally for at least 30 days.

11.2 Arbitration

If informal resolution fails, any disputes shall be resolved through binding arbitration in accordance with the Arbitration Act 42 of 1965, administered by the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall take place in Cape Town, South Africa.

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email notification to registered users
• Displaying a notice within the application

Your continued use of the Service after any changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and terminate your account.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and CrecheBooks regarding the Service.

13.2 Severability

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

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14. Contact Information

For questions about these Terms, please contact us:

By using CrecheBooks, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. See also our Privacy Policy and Cookie Policy.