Privacy Policy
BookBay is committed to ensuring the privacy and integrity of information submitted by users of our app. All information of a personal nature submitted or provided by users will be treated confidentially and will not be disclosed to any person without express consent of the user concerned, unless the information is subject to one or more of the following exceptions:
Such information is in the public domain, or BookBay is obliged in terms of any law, order of court, legal process or other lawful reason to disclose such information.
Personal information may be disclosed to BookBay’s vendors, suppliers and marketing agents where this information is necessary for them to evaluate and enhance the product and services offered on this app.
BookBay may disclose certain personal information of users such as names and e-mail addresses to affiliated service providers for purposes of distributing promotional materials, surveys and questionnaires or other information or material for which a user has specifically indicated its willingness to receive.
BookBay may provide general information to third parties which do not contain particular personal information of users such as their names and addresses, and which is intended to be used solely for compiling statistical or demographic information or otherwise.
BookBay makes use of “cookies”, but does not and cannot control the confidentiality, access to or dissemination of information which is retrieved through the use of “cookies” or information retrieved through the collecting and storing of IP addresses of visitors to this app.
Intellectual Property
You retain your rights to any Content you submit, post or display on or through the Services.
By submitting, posting, or displaying Content in or through the Services, you grant BookBay a worldwide, non-exclusive, royalty-free licence (with the right to sublicence) to use the Content in any form or manner on any of BookBay’s platforms.
A user’s access to this app and the information contained on it, does not in any way convey or transfer any right in or to the intellectual property rights of BookBay’s data, content or information displayed or accessible from the app, and such intellectual property shall remain the sole and exclusive property of BookBay.
Copyright and all other intellectual property rights subsisting in any data base/s, or Content maintained by BookBay and relating to this app is owned by BookBay or the relevant provider or supplier thereof.
A user may only use information retrieved, viewed, downloaded or otherwise obtained by viewing this app, for its own personal and non-commercial use, unless the prior written consent of BookBay has been obtained.
The user undertakes not to change or delete any proprietary notices contained in any material, data or information downloaded or otherwise retrieved from the BookBay app.
Under no circumstances may a user reverse, engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the material, information or content viewed, downloaded or otherwise retrieved from this app without the prior written consent of BookBay.
BookBay respects the intellectual property rights of others and expects users of the Services to do the same.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
Hypertext Links And Advertising
BookBay provides hypertext links to websites on the Internet which are operated by third parties. Users are encouraged to use discretion when searching or accessing such links.
Under no circumstances does BookBay take responsibility for the content and/or services or products offered on third party websites which may be linked to this app and gives no warranty, guarantee and makes no representation in respect of such linked websites.
This app contains advertisements, unless specifically otherwise indicated in writing, BookBay does not endorse any product whose services are advertised or promoted by such advertisement nor does BookBay make any representation or give any warranty in regard to the content of the advertisements.
BookBay will not be held liable for any losses, liability, costs or damage suffered or incurred by a user or any other person arising out of or in connection with the use, provision or distribution of any feature or service arising out of any hypertext link or advertisement, on this app.
User’s Restrictions And Security
BookBay reserves the right to take any action in relation to any documentation, information, data or material which BookBay may in its sole discretion deem necessarily appropriate, if it believes that the failure to take such action may create any liability whether perceived or otherwise for BookBay or its suppliers, or advertisers who cause BookBay to lose or suffer any harm or damages in any proprietary interest or goodwill or which may adversely affect the provision or access to this app or the services of any of its service providers.
No user/advertiser may link any page on to this app without prior written consent.
BookBay may cede or assign any of its rights or obligations or subcontract any of its obligations in terms of any agreement with an advertiser/user without requiring the prior consent of an user/advertiser.
The user/ advertiser may not cede or assign any of its rights or obligations in terms of these terms without obtaining BookBay’s prior written consent.
Indemnity
Due to the number of sources from which BookBay obtains content and the nature of electronic distribution via the worldwide web and internet, BookBay shall not be liable to any user or to any other person in respect of any loss or damage of whatsoever nature caused by or arising from the use of the app, and the user hereby indemnifies BookBay.
Your access to and use of the Service or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
Without limiting the foregoing, to the maximum extent permitted under applicable law, BookBay, its parent company, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively the “BookBay Entities”) disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
While BookBay will use all reasonable endeavours to ensure integrity, security and confidentiality of all personal information submitted and/or obtained from a user, it will not be held liable under any circumstances if such information is compromised, disseminated or otherwise disclosed through conduct outside the control of BookBay.
BookBay will not be held liable to the author/user/advertiser, or to any other person in respect of any loss or damage of whatsoever nature, due to the non-performance or unavailability of the app for whatsoever reason.
These terms and conditions constitute the whole undertaking between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
Failure or neglect by BookBay to fully enforce at any time any of its rights or any of the provisions of this agreement, shall not be construed as a waiver of its rights, nor shall such failure or neglect in any way act as an estoppel or effect the validity of the whole or any part of these terms and conditions, nor prejudice BookBay’s rights to take any action which may have arisen in the past or which may arise in the future.
BookBay reserves the right to change the content, presentation, format, performance, layout, facilities and services available or displayed on this app or any part thereof at its sole discretion and hereby disclaim all liability, losses, claims, damages or inconvenience which may be suffered by any person as a result of such changes.
BookBay may modify these terms and conditions at any time and such modification shall be effective immediately on the posting of such amendment or modification on this app. A user may request e-mail notification of such amendments or modifications by contacting BookBay at info@BookBay.net.
In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be separable from the remaining terms, which shall continue to be valid and enforceable.
If any specific terms of use appear on this app in regard to all or a portion of the content displayed on or accessible from this app, which specific terms of use conflict with any of these terms and conditions, then the specific terms shall prevail in regard to such content.

Online Communications
Where any user is permitted to participate in online communications, such users are specifically prohibited from engaging in any of the following activities:
Posting or transmission of any message which is or is likely to be interpreted as libellous, harmful, threatening, abusive or defamatory in the opinion of BookBay;
Posting or transmission of any message, data, image or program which is indecent, obscene or pornographic;
Posting the same content more than once (“spamming”) is strictly prohibited;
Interception or attempted interception of e-mail or other private communications not intended for that user;
Use of this app as a mass unsolicited distribution medium to communicate a generally unsolicited message;
Sending unsolicited e-mail messages through third party mail service in order to relay, hide the origin of the e-mail to others;
When you register your account on this app you may be given the opportunity to opt-in to receive marketing emails from us, our group of companies or third parties, you may opt-out at any time. From time to time, we may need to send you service emails relating to your account, and we reserve the right to do so.
A user’s participation in online communication occurs in real time and is not edited, censored or otherwise controlled by BookBay. BookBay reserves the right to remove content which BookBay in its sole discretion determines to be harmful, offensive or otherwise in violation of these terms and conditions or BookBay’s operating policies for users on BookBay online.
Termination of Use
BookBay shall be entitled to terminate or suspend, without notice, a user’s access to or use of this app or any service or facility;
The termination or suspension of a user’s right to use or access this app or any part thereof, will not affect the provisions of these terms and conditions which shall survive any such termination or suspension.
Governing Law
The terms and conditions are governed by South African law and the agreement between you and BookBay is made in South Africa, Any disputes will be settled in the relevant forum of South Africa. If any provision of these terms and conditions are found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision.