General Principles
- You must use the Platform lawfully, honestly and in a manner that respects other Users, Providers and third parties.
- You are responsible for all activity conducted through your account and for ensuring that anyone accessing the Platform on your behalf complies with this AUP.
- ELANE may investigate suspected breaches of this AUP and cooperate with law enforcement where appropriate.
Prohibited Conduct
You must not, and must not permit any third party to:
- use the Platform for any unlawful, fraudulent, deceptive or harmful purpose;
- impersonate any person or entity, or misrepresent your affiliation with, qualifications of, or endorsement by any person or entity;
- create fake, duplicate, incentivised, retaliatory or otherwise misleading profiles, listings, ratings or reviews;
- harass, threaten, defame, discriminate against, stalk or intimidate any User or member of ELANE staff;
- publish or transmit content that is obscene, sexually explicit, hateful, violent, defamatory, or otherwise objectionable;
- infringe or misappropriate the intellectual property, privacy, publicity or other rights of any person;
- promote, offer or perform services that are unlawful, unlicensed where a licence is required, or that endanger the health or safety of others;
- use the Platform for spam, chain messaging, unsolicited commercial communications or unauthorised advertising;
- collect, harvest, scrape, index or store data relating to other Users, whether manually or by automated means;
- upload, transmit or introduce any virus, worm, ransomware, Trojan or other malicious code;
- probe, scan, penetration-test or otherwise attempt to compromise the security, integrity or availability of the Platform;
- reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the Platform, save as permitted by law;
- interfere with any User’s use of the Platform, including by overloading, flooding or denial-of-service activities.
Circumvention of Payments and Subscriptions
The following activities are strictly prohibited:
- arranging, offering or accepting Bookings outside the Platform in order to avoid commissions, Subscription fees, taxes or Platform oversight;
- sharing contact details, external booking links or payment instructions in messages, listings, images, reviews or profiles for the purpose of directing transactions off-Platform;
- using multiple accounts, shared accounts, chargebacks, refund abuse, promo-code abuse or synthetic identities to obtain benefits not intended by ELANE;
- reversing or disputing legitimate charges in bad faith, or providing false information to a Payment Processor or card issuer;
- selling, sublicensing, transferring or resharing your access to a paid Subscription with third parties;
- using any tool or method to bypass access controls, feature limits or geographic restrictions.
Content Standards
- You must have all necessary rights in any content you upload, and it must comply with applicable law and this AUP.
- Portfolio and profile imagery must depict your own work or work you are authorised to display, and must not misrepresent results.
- Reviews must reflect genuine, first-hand experience. You must not offer, request or accept any incentive in exchange for a rating or review.
- ELANE may remove, redact, refuse to publish or require modification of any content that in our reasonable opinion breaches these standards.
Reporting Violations
If you become aware of any suspected breach of this AUP, please report it to legal@elane.co.za. Reports should include the User or content concerned, a description of the conduct, and any supporting evidence. ELANE will treat reports confidentially to the extent reasonably possible.
Enforcement
Depending on the nature and severity of a breach, ELANE may take one or more of the following actions:
- issue a written warning;
- remove, edit or hide the offending content;
- reduce or revoke Platform privileges, ranking or visibility;
- reverse commissions, withhold payouts or reverse rewards obtained in breach;
- suspend or restrict access to features, Subscriptions or the account;
- terminate the account with immediate effect;
- report the conduct to relevant authorities and pursue civil or criminal remedies.
ELANE may act with or without prior notice where necessary to protect the Platform, its Users or third parties. Except where prohibited by law, we are not liable for any loss arising from enforcement action taken in good faith under this AUP.
Appeals
If you believe an enforcement decision was made in error, you may submit a written appeal to legal@elane.co.za within thirty (30) days of the decision. Appeals will be reviewed by a person independent of the initial decision-maker where reasonably possible.