Terms of Service
Effective Date: 21 May 2026
Please read these Terms of Service carefully before using YayLeave. By registering for or using our service, you agree to be bound by these terms. If you do not agree, please do not use YayLeave. These terms are written in plain language as required by the Consumer Protection Act 68 of 2008.
1. Definitions
- “YayLeave”, “we”, “us”, “our” means the operator of the YayLeave platform and the party providing the Service.
- “You”, “your”, “Customer” means the company or organisation that subscribes to the Service, and any administrators or employees who access the Service on your behalf.
- “Service” means the YayLeave cloud-based leave management software, including all features, updates, and related support.
- “Subscription” means your agreement to access the Service for a defined period in exchange for payment (or by way of a valid Voucher).
- “Voucher” means a prepaid access code issued by YayLeave that grants access to the Service for a specified period and number of seats.
- “Seat” means a single licensed user slot within a Voucher allocation.
- “Employee Data” means personal information about your employees that you upload or generate within the Service.
- “POPIA” means the Protection of Personal Information Act 4 of 2013.
- “CPA” means the Consumer Protection Act 68 of 2008.
- “ECTA” means the Electronic Communications and Transactions Act 25 of 2002.
- “BCEA” means the Basic Conditions of Employment Act 75 of 1997.
2. Acceptance of Terms
By creating an account, redeeming a Voucher, or using the Service in any way, you confirm that:
- You have read and understood these Terms;
- You have authority to bind the company or organisation you represent;
- You agree to comply with all applicable South African law, including POPIA, the CPA, ECTA, and the BCEA.
If you are acting on behalf of a company, these Terms form a binding agreement between YayLeave and that company.
3. Description of Service
YayLeave is a cloud-based leave management platform designed for South African businesses. The Service allows you to:
- Manage employee leave requests, approvals, and balances;
- Track leave types in accordance with South African labour legislation;
- Generate leave reports and maintain leave records;
- Administer departments, managers, and employee profiles.
YayLeave is a management tool only. We do not provide legal, HR, or employment advice. You remain solely responsible for ensuring your leave policies comply with the BCEA, any applicable bargaining council agreements, and any other legislation applicable to your business.
4. Accounts and Access
4.1 Account Registration — To use the Service, you must register an account and provide accurate, complete information. You must keep your account information up to date. You are responsible for all activity that occurs under your account.
4.2 Administrators and Employees — You may grant access to the Service to your administrators and employees. You are responsible for ensuring that everyone who accesses the Service on your behalf complies with these Terms. Employee users are also bound by these Terms when they access the Service.
4.3 Account Security — You must keep your login credentials confidential and not share them with unauthorised persons. You must notify us immediately if you suspect unauthorised access to your account. We are not liable for any loss or damage arising from your failure to keep your credentials secure.
4.4 One Account per Company — Each company may only maintain one active account. You may not create multiple accounts to circumvent any restrictions, seat limits, or payment obligations.
5. Subscriptions and Billing
5.1 Subscription Plans — Access to the Service is provided on a subscription basis. Subscription details, including pricing and available plans, are published on our website. We reserve the right to change our pricing on reasonable notice.
5.2 Payment — Subscription fees are payable in advance. By providing payment details, you authorise us to charge the applicable fees for your subscription period and any renewals. All amounts are quoted and payable in South African Rand (ZAR) unless otherwise stated.
5.3 Automatic Renewal — Unless you cancel your subscription before the end of the current period, your subscription will automatically renew for the same period at the then-current pricing. We will notify you of any price changes before renewal.
5.4 Late Payment — If a payment fails or is overdue, we may suspend your access to the Service until the outstanding amount is paid. We reserve the right to charge interest on overdue amounts at the rate prescribed by the Prescribed Rate of Interest Act 55 of 1975.
5.5 No Refunds — Unless required by the CPA or as expressly stated in these Terms, subscription fees are non-refundable. If you cancel mid-period, you will retain access until the end of the paid period.
5.6 Consumer Protection Act — Fixed-Term Agreements — Where the CPA applies to your subscription, the initial fixed term will not exceed 24 months. You have the right to cancel by giving 20 business days’ written notice. A reasonable cancellation penalty may apply for early termination of a fixed-term subscription.
6. Vouchers and Seats
6.1 Voucher Access — YayLeave may issue Vouchers that grant access to the Service for a specific period and a specified number of Seats. A Voucher must be redeemed before its expiry date and is non-transferable.
6.2 Seat Allocation — Each Voucher includes a fixed number of Seats. A Seat is consumed when it is assigned to an employee. Once all Seats under a Voucher are allocated, no additional employees may be added under that Voucher until additional Seats are purchased or a new Voucher is redeemed.
6.3 Multiple Vouchers — You may hold multiple active Vouchers simultaneously. Each Voucher maintains its own independent Seat pool. Employees are linked to a specific Voucher at the time of their Seat allocation.
6.4 Voucher Expiry and Employee Access — Employee access linked to a Voucher is valid for the duration of that Voucher. When a Voucher expires, employees whose Seats are linked to that Voucher will lose access to the Service. We will endeavour to notify you in advance of upcoming Voucher expiry.
6.5 Voucher Revocation — YayLeave reserves the right to revoke a Voucher if it was obtained fraudulently, in error, or in breach of these Terms. We will not revoke a Voucher that was legitimately purchased without reasonable cause and prior notice.
7. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service to process data in violation of POPIA or any other applicable privacy law;
- Attempt to gain unauthorised access to any part of the Service, our systems, or data belonging to other customers;
- Upload or transmit malicious code, viruses, or any harmful content;
- Reverse-engineer, decompile, or attempt to extract the source code of the Service;
- Resell, sublicense, or commercially exploit the Service without our written consent;
- Use the Service in a way that could damage, overburden, or impair its functionality;
- Misrepresent your identity or impersonate any person or entity.
We reserve the right to suspend or terminate your access immediately if we reasonably believe you have violated this clause.
8. Data Ownership and Protection of Personal Information
8.1 Your Data is Yours — You retain full ownership of all Employee Data and other data you upload to or generate within the Service.
8.2 Roles Under POPIA — You are the “responsible party”; YayLeave is the “operator” processing personal information on your behalf in accordance with your instructions.
8.3 Your Obligations — Ensure lawful basis to collect/process employee personal information; notify employees; ensure accuracy; comply with POPIA data subject obligations.
8.4 Sub-Processors — We may use sub-processors (e.g. cloud infrastructure providers). All sub-processors must maintain equivalent data protection standards.
8.5 Data Security and Breach Notification — We implement reasonable security measures. In the event of a breach, we will notify you as soon as reasonably practicable.
8.6 Data Retention and Deletion — Data retained for duration of subscription + 30 days post-termination for export, then permanently deleted. Written confirmation of deletion available on request.
8.7 Cross-Border Data Transfers — Data stored and processed in South Africa. Any processing outside South Africa will have adequate protections per section 72 of POPIA.
9. Privacy
Our Privacy Policy forms part of these Terms. We will not sell, rent, or share your data with third parties for their own marketing purposes.
10. Intellectual Property
10.1 The Service (software, source code, designs, interfaces, documentation, trademarks) is owned by YayLeave or its licensors.
10.2 We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for internal business purposes during the subscription term.
10.3 Feedback you provide may be used by us without obligation to compensate you.
11. Confidentiality
Each party agrees to keep the other’s confidential information confidential and use it only for the purposes of these Terms. Confidential information excludes publicly available, independently developed, or legally required disclosures.
12. Service Availability
We aim for continuous availability but do not guarantee it. Downtime may result from scheduled maintenance, unplanned outages, or events beyond our control (see clause 18). No service credits or refunds for downtime unless expressly agreed in writing.
13. Warranties and Disclaimers
We warrant we have the right to provide the Service, will deliver it with reasonable skill and care, and will take reasonable steps to keep it secure. The Service is provided “as is”. No warranty of fitness for a particular purpose or error-free operation. Nothing limits CPA rights that cannot be excluded.
14. Limitation of Liability
Total liability capped at fees paid in the 12 months preceding the claim. No liability for indirect, consequential, special, or punitive losses including loss of profits, data, or business opportunity. Nothing excludes liability for gross negligence, fraud, or liability that cannot be excluded under the CPA.
15. Indemnity
You indemnify YayLeave against claims, damages, losses, or expenses arising from:
- Breach of these Terms;
- Failure to comply with POPIA or applicable law;
- Claims by your employees arising from your use of the Service.
16. Termination
16.1 You may cancel at any time; cancellation takes effect at end of current billing period.
16.2 We may terminate immediately for material breach (unremedied within 7 days), unlawful use, or security risk; or on 30 days’ notice for any other reason (with pro-rata refund of prepaid fees).
16.3 On termination your access ceases; export data within 30-day retention window; survival clauses remain in force.
17. Changes to the Service and These Terms
Material changes notified by email or in-service notice, effective 20 business days after notice (or immediately if required by law). Continued use = acceptance. You may cancel before changes take effect.
18. Force Majeure
Neither party liable for failure/delay caused by circumstances beyond reasonable control (acts of God, load-shedding, civil unrest, government action, natural disasters, third-party infrastructure failures). Affected party must notify promptly and mitigate.
19. Governing Law and Dispute Resolution
Governed by the laws of the Republic of South Africa. Exclusive jurisdiction of South African courts. Parties to attempt good-faith negotiation for 20 business days before mediation or litigation. Urgent/interim relief from courts not excluded.
20. ECTA — Electronic Transactions Disclosure
YayLeave (Pty) LtdPhysical address: [Insert registered address]
Website: www.yayleave.com
Email: support@yayleave.co.za
These Terms and any subscription confirmation constitute the full agreement enforceable under ECTA.
21. General
21.1 Entire Agreement — These Terms + Privacy Policy + any subscription order form or Voucher confirmation constitute the entire agreement.
21.2 Severability — Invalid provisions modified to minimum extent necessary; remaining provisions continue in force.
21.3 No Waiver — Failure to enforce on one occasion is not a waiver.
21.4 Assignment — You may not assign without prior written consent. We may assign to a successor entity in a merger/acquisition/sale.
21.5 Notices — In writing by email or registered post to clause 22 details or your registered email.
22. Contact Us
Email: support@yayleave.comWebsite: www.yayleave.com