Terms of service
These Terms of Service (hereafter referred to as “Terms”) outline the terms and conditions upon which carecafe24 (Hereafter includes carecafe24 “us,” “our” or “we”) will offer its partners and customers its Customer Support Services. You and carecafe24 shall be known collectively as the “Parties” and singularly as a “Party”.
By interacting with our website and support agents, you are entering into this binding contract with the carecafe24 entity and represent that you have the authority to bind yourself to these Terms. Please read these Terms and policies carefully.
These Terms and supporting policies constitute the entire agreement between you and carecafe24 related to your use of and interaction with our Services and the provision of any information by you to carecafe24 through our Customer Support Services and Website.
These Terms may be modified from time to time by us posting the updated Terms through our Website. You are responsible for reviewing the revised Terms and/or any applicable postings. CONTINUED USE OF THE WEBSITE AND OUR CUSTOMER SUPPORT SERVICES AFTER SUCH CHANGES OR POSTINGS WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGES OR POSTINGS. We may change the Website, Services or delete any features or functionality, or any aspect of the Services, in any way at any time for any reason.
1. About Us
carecafe24 provides our partners and their customers with a tailor made customer support experience where excellence meets customization. We take pride in delivering tailored customer support services designed to meet all our partners' needs. Our mission is to create a seamless experience that prioritizes customer satisfaction while striking the perfect balance between partner objectives and customer expectations.
2. Use of Our Services
2.1. Partners: Potential or current Partners who wish to or have engaged our services can contact us for further details about our customer support services.
2.2. Customers/Users: You, the user, are our customers through extension of the relationship you have with our partners. Feel free to contact us via our email, call centers or via our bot friend all details are visible on our website.
3. Privacy Policy
carecafe24’ privacy policy, available at carecafe24.com/privacy, is incorporated into and made a part of these Terms (the “Privacy Policy”). You hereby agree to such Privacy Policy. Any personal information that you transmit to or through the Services will be used by the carecafe24 in accordance with the Privacy Policy.
4. Conditions of Use
4.1. Age Requirement. You must be at least 18 years of age to use our Services.
4.2. Authorized Use Policy for the Services (“AUP”). The Services, including any communications and or content accessed therethrough, are designed for your personal and non-commercial use. You may use the Services for the following purposes:
4.2.1. Contact us: we are here to support, whether you call, email or interact with our Bot friends we are ready to assist with any queries you may have;
4.2.2. VPN Use: We are mindful that VPN use is legal in many territories, and although our site does not discriminate against such use, we advise that users who use a VPN do so with caution. Please be advised that some Services, prices and terms may differ depending on the VPN server used. It is thus the responsibility of the users to ensure that such VPN usage is turned off when engaging with our Services to receive the correct Services, prices, and terms.
4.2.3 Encryption/hiding details: We understand that you may wish to keep your personal contact details private and thus may encrypt your email address or hide it from our view. Please be advised that such conduct may result in us not being able to properly assist you with your query. We note that some of our partners go to great lengths to protect their customers and thus we may need to ask a few personal questions to identify the customer's account and assist them further.
4.3. Interactions with the carecafe24 team: We understand that sometimes customers may become frustrated with certain processes however, carecafe24 has a zero tolerance policy of abuse towards our agents and services and thus we ask you to pay specific attention to our following interaction guidelines when interacting with our Customer Support Agents. Customers seeking assistance from our team may not partake in the following conduct:
4.3.1 Verbal Abuse: Customers must refrain from using offensive language, insults, or threats when interacting with customer support agents, maintaining a respectful tone throughout the communication
4.3.2 Threatening or discriminatory practises: Partake in conduct that amounts to duress, abuse, discrimination, violent acts or threats thereof and or any other conduct which may cause, incite or create the impression of harm towards our customer Support agents
4.3.3 Disrespectful Behavior: Customers are not allowed to display disrespectful behavior towards agents. This includes mocking, belittling, or undermining the expertise of the customer support team
4.3.4 Failure to Listen: Customers should actively listen to the guidance provided by customer support agents and follow their instructions. Ignoring or dismissing their advice is considered inappropriate conduct
4.3.5 Unreasonable Demands: Customers cannot make unreasonable demands that go beyond the scope of the customer support services. Expectations should align with the provided support guidelines
4.3.6 Excessive Complaints: Continuous and excessive complaints without valid reasons are discouraged. Customers should provide constructive feedback and engage in a collaborative problem-solving process
4.3.7 False Accusations: Making baseless accusations or spreading false information about customer support agents and services is strictly prohibited
4.3.8 Refusal to Cooperate: Customers are expected to cooperate with customer support agents during issue resolution. Refusing to provide necessary information or actively participating in the resolution process is considered inappropriate
4.3.9 Incessant Interruptions: Constantly interrupting customer support agents while they are providing assistance hinders effective communication. Customers should allow agents to convey information without unnecessary disruptions
4.3.10 Personal Attacks: Personal attacks, including comments related to an agent's appearance, background, or personal life, are strictly prohibited
4.3.11 Violation of Privacy: Customers must respect the privacy of customer support agents. Sharing or seeking personal information about agents is a breach of conduct
4.3.12 Harmful or Hateful Images: Customers must refrain from sending our agents harmful, graphic, sexual, pornographic and or hateful messages, images or any other form of content.
4.3.13 Sexual Conduct or Connotations: Customers may not send, in the form of images or text or verbally express sexual innuendos, suggestions connotations or any sexual remarks, against or to our agents.
4.3.14 Spamming: Although our company understands businesses in their advertising efforts please refrain from spamming our mailboxes with spam advertising and help keep our communications channels free for our customers
Our customers are encouraged to take heed of the aforementioned guidelines We reserve our rights to take any and all applicable safety and legal actions against those who violate these AUO guidelines.
4.4. Updates. carecafe24 software and website is developed by, or for, carecafe24 and may solely be used for accessing the Services. By using the website or our Services, you agree to receive, without further notice or prompting, updated versions of carecafe24 and related third party software. If you do not accept the foregoing terms, do not use the Services.
4.5. Quality of Display and Access. The quality of the display of and Access to the carecafe24 services may vary from Device to Device, and may be affected by a variety of factors, such as customer or partner location, the bandwidth available through and/or speed of your Internet connection, the network availability for your Mobile devices etc. You are responsible for all Internet access and network charges. Please check with your Internet provider or Mobile network for information on possible Internet data usage or network charges. carecafe24 makes no representations or warranties about the quality of your experience displaying or accessing the carecafe24 services. Customer location, available bandwidth at the time may affect our ability to communicate with you and may cause delays in the process.
4.6. Devices. By using our Services, you agree to look solely to the entity that manufactured and/or sold you the Device for any issues related to the Device and its compatibility with the Services. We do not take responsibility or otherwise warrant the performance of Devices, including the continued compatibility with the Services. carecafe24 offers Customer support Services which may be limited to specific software or hardware requirements i.e. internet, network or data requirements to access emails or make calls, and it is the user's responsibility to check these before using our Services.
4.7. Prohibited Use of the Services. We aim to provide safe and user-friendly customer support mechanisms for partners that serve the greater digital community and their customers. We have a zero tolerance policy towards misuse of the Services and reserve our rights as a company to take any and all applicable legal actions against partners and their customers who violate these Terms, including the AUP, and any other policy, terms or guidelines provided as part of our Services. To that end, you agree that you will not, directly or indirectly, at any time: (i) bypass or breach, or attempt to bypass or breach, any security device or protection used in connection with the Services,, (ii) interfere with or disrupt the integrity or performance of the Services, (iii) input, upload, post, transmit, store or otherwise provide to or through the Services any information or materials that are unlawful or injurious, or contain, transmit, or activate any software, hardware or other technologies, devices, or means which may permit unauthorized access to, or destroy, interrupt, disrupt, disable, distort, or otherwise harm or impede the Services in any manner or limit the functionality of any computer software, hardware or telecommunications equipment of carecafe24, (iv) introduce any harmful code or prevent anyone from accessing or using the Services, including any virus, bug, Trojan horse, worm, backdoor, malware or other malicious computer code, and any time bomb or drop-dead device, (v) access or use the Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law, or (vi) upload, post, transmit, store, or otherwise make available content to the Services that is, in carecafe24’ sole discretion, unlawful, threatening, abusive, defamatory, misleading, fraudulent, pornographic, sexual or otherwise explicit in nature, constitutes unauthorized or unsolicited advertising, or that otherwise violates our rules or policies as may be established or amended from time to time. Any attempt to deliberately impede the normal functioning of the Services is illegal and we shall have the right to claim for any loss and/or damages caused or sustained by us. We further reserve our right to file any further applicable legal actions including but not limited to criminal charges.
4.8. Keep Our Services Safe. Each customer and partner plays an important role in maintaining the Services’ safety and upholding our policies and guidelines, Spoofing (where a person pretends to be someone else in order to access personal or additional data), persons cough using spoofing techniques will be reported to the applicable authorities and we reserve our rights to take any legal actions to protect ourselves and our partners and customers against such conduct. Should you see something that you think may violate our AUP, please help us by reporting issues through emailing our customer support team on support@carecafe24.com.
4.9. Monitoring. To the maximum extent permitted by applicable law, carecafe24 may (but assumes no obligation to) monitor any electronic communications you make in connection with the Services and may disclose such information to law enforcement in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with these Terms, and protecting the rights, property, and interests of carecafe24 or any third party.
4.10. Third Party Platforms and Apps. carecafe24 may use third party resources to provide certain features or functionality on the Services, including without limitation, IVR services, email platforms, widgets etc (“Third Party Apps”). Such Third Party platforms/Apps may require that carecafe24 present to you certain requirements and/or terms and conditions. Where applicable by accessing and using the Services through such Third Party platforms, widgets and Apps, you acknowledge and agree to all such third party terms and conditions where applicable. carecafe24 does not assume any responsibility or liability for the availability or accuracy of such features or functionality made available to you via Third Party platforms, Widgets and Apps. You agree to hold carecafe24 harmless and hereby release carecafe24 from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of accepting or using any features or functionality on the Services that are available from such Third Party Platforms, Widgets and Apps.
5. Refunds Policy
5.1 Fees. Customers interacting with our partners products are reminded that prices are displayed at the point of sale and within each partner's product terms and conditions. Customers are encouraged to take note of these fees. carecafe24 has no control of the fees and such decisions are at the sole discretion of our partners. carecafe24 is free to customers of our partners and will never ask you for any fees unless customers are partaking in a PAIA request as directed by legislation.
5.2. Refund Policy
We at carecafe24 aim to create a seamless experience that strikes a balance between our Partner objectives and policies and customer expectations. We understand that sometimes, customers may need to request a refund for a purchase made through our Partners websites when using card payment methods. We advise that refunds for card payments are granted at the sole discretion of our company and must comply with our Partners refund policy.
If you are not satisfied with your subscription, you may request a refund by contacting our customer support team at support@carecafe24.com Refunds for such transactions will be granted in our sole discretion. We will review your request and notify you of the outcome of our review. If your refund request is approved, we will credit your card. Kindly be advised that refunds will only be issued to the card used at the time of purchase and will only be issued to the purchaser of the product, no third parties, such as spouses, relatives, partners, etc will be entitled to or may request a refund on the purchaser's behalf or in their own capacity. The amount and form of such refund, and the decision to provide them, are at our sole and absolute discretion. The provision of refund in one instance does not entitle you to a refund in the future for similar instances, nor does it obligate us to provide a refund in the future, under any circumstances.
Please note that carecafe24 reserves the right to deny refund requests for any reason, including but not limited to the following:
Products or services that have been used or consumed;
Failure to comply with our terms and conditions and supporting policies;
Fraudulent activity or abuse of our refund policy;
Refund requests made outside of the mandatory time frame, where applicable;
Any other legitimate reason we may have for denying such refund, including but not limited to partner policies.
In the event that a refund is granted, it may take up to 20 working days for the refund to appear on the User’s card statement.
5.3. No Retention of Payment Information. At no point does carecafe24 collect and store your payment information, such as credit card details and or account numbers for online payment methods. Our partners are or use leading payment providers who are all PCI-compliant to facilitate all payments. We cannot access your payment information, and encourage you not to share this information when contacting us for support. If you have subscribed through your Mobile Phone Carrier, we do not have access to your account directly associated with the Mobile Phone Carrier and thus should a refund be granted customers would need to provide us with your banking details in order for us to refund you directly.
6. No Warranties
COMPANY PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON WEBSITE AND THE SERVICES AND DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE, WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The parties acknowledge that the disclaimers of warranties set forth in this Section are an essential element of these Terms, and the parties would not have entered into these Terms without such disclaimers of warranties. Notwithstanding the foregoing, certain jurisdictions limit disclaimers of warranties. In such jurisdictions, you may have additional legal rights, and the provisions of these Terms will remain in effect to the fullest extent permitted by law.
7. Limitation of Liability
IN NO EVENT SHALL COMPANY, OUR AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICES FOR LOST PROFITS OR BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, COST OF REPLACEMENT OR SUBSTITUTE GOODS OR SERVICES, OR FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM AND REGARDLESS OF WHETHER COMPANY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. THE COMPANY SHALL NOT AND CANNOT BE HELD LIABLE FOR ANY DISPUTES OR CONDUCT OF ITS PARTNERS AND THEIR CUSTOMERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, OUR AFFILIATES OR ANY OF THEIR LICENSORS UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SERVICES, REGARDLESS OF THE BASIS OR THEORY OF ANY CLAIM, EXCEED $1,000.
The parties acknowledge that the limitation of liability and release set forth in this Section are essential elements of these Terms between the parties, and the parties would not have entered into these Terms without such limitation of liability and release. Notwithstanding the foregoing, certain jurisdictions limit limitations of liability and releases. In such jurisdictions, you may have additional legal rights, and the provisions of these Terms will remain in effect to the fullest extent permitted by law.
8. Indemnification
You release us and will indemnify, defend and hold harmless carecafe24 and its subsidiaries, affiliates, group entities, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees) arising from or related to (i) your breach of any representation or warranty or other obligation contained in these Terms, or (ii) any of Your Communications or any Submissions (together, “Claims”). You will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement without our prior written consent, which may not be unreasonably withheld.
9. Intellectual Property Rights
9.1. Ownership. carecafe24 retains all intellectual property rights in and to this Website and Services (including all copyrights, patents, service marks, trademarks, registered and unregistered, and any other proprietary rights), including but not limited to all updates, enhancements, customizations, revisions, modifications, future releases and any other changes thereto, and all related information, material and documentation. carecafe24 also agrees to retain all proprietary marks, legends, patent and copyright notices that appear on the Website or through our customer support Services.
9.2. Feedback. You grant to carecafe24 a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, royalty-free, fully-paid up license to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, process, analyze, index, tag, use and commercialize any request, comments, suggestion, recommendation, correction, or other feedback provided by you related to this Website or our Services.
10. Term and Termination
10.1. Term. Shall be effective from the date of first use of our Customer Support Services either as a partner or a customer and shall continue until terminated in accordance with this Section 10.
10.2. Termination by You. As a customer you can cease communication at any time. We may terminate the communication once the matter has been resolved or if instructed by authorities to do so. Should you not wish to engage with our customer support agents we note that some of our partners also offer cancellation directly on their product sites. Customers who wish to cancel their subscriptions themselves are encouraged to look at the cancellation options available on our partners product sites.
10.3. If you signed up for the Services using your Account with a Mobile Phone Carrier and wish to cancel your subscription, you may need to do so by sending a cancellation SMS message using the unsubscribe keywords provided to you to your Mobile Phone Carrier number provided during the term of your subscription with our partners.
10.4. Termination by carecafe24. carecafe24 reserves the right to monitor your use of the Services and to suspend or terminate your use of our Services without notice if we determine that you have breached these Terms. In no event will carecafe24 be liable for suspension or termination of your use of the Services.
10.5. Effect of Termination. Upon the termination of these Terms, all license rights granted to you hereunder shall automatically and immediately cease and you shall immediately cease all use of the Services.
10.6. Survival. The following provisions will survive the expiration or termination of these Terms: Sections 6, 7, 8, 9, 10.1, 11, 12, 13, and 14.
12. Choice of Law
12.1. Governing Law. These Terms and its subject matter shall be governed in accordance with the laws of the Republic of South Africa, without reference to its conflict of laws principles. The sole venue for all disputes relating to this Agreement shall be in a High Court of South Africa.
12.2. Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND carecafe24 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and carecafe24 agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
13. General
13.1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between carecafe24 and Customers regarding the Services and these Terms supersede and replace all prior oral or written understandings or agreements between carecafe24 and you regarding the Services. Where applicable, new or unique features or functionality of the Services may be governed by additional terms of use, which shall be clearly posted on such features or functionality of the Services.
13.2. No Assignment. Partners may not, without our prior written consent, assign these Terms, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Terms and will be void. We may assign these Terms to a third party at any time at our sole discretion. These Terms will be binding upon and will insure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.
13.3. Communications. You acknowledge that we will communicate with you primarily via email or by posting notices on the Services. You agree that all agreements, notices, disclosures and any other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
13.4. Force Majeure. carecafe24 will not be liable for failure or delay to perform its obligations under these Terms to the extent caused by circumstances beyond its reasonable control.
13.5. Subcontracting. carecafe24 may subcontract any of its obligations under these Terms, but will remain liable for all subcontracted obligations and our subcontractors’ acts or omissions.
13.6. Notices. carecafe24’ notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under these Terms. You must provide any notice to us that is mandated to be in writing and sent via overnight courier to Click and Resolve Pty Ltd K2023/61069/07,Suite # 16, Private Bag X02 Durban North, 4016.
13.7. Severability; Waiver. If any of the provisions of these Terms are, for any reason, held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not affect any other provisions of these Terms, and these Terms will be construed as if they had never contained such invalid, illegal, or unenforceable provision. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.
13.8. Headings. The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.
13.9. Contact Us. If you have any questions or comments regarding these Terms, please email us at support@carecafe24.com.
14 Definitions
Customer: (User, you, your, client, customer) Is a non contracted user, ie a partner has engaged our services to provide their customer support to their customers, You are that customers and are bound by our site terms and policies when using our services.
carecafe24: We, the Company a third party customer support service engaged by our partners to offer you the customer, customer support services.
Partner: Contracted business or person that has engaged our services to provide their customers with customer support services.