Definitions and Interpretation
In these Terms, unless the context requires otherwise:
- “Customer” means a User who accesses the Platform primarily to discover and book beauty services.
- “Provider” means a beauty professional, salon or independent operator listed on the Platform to offer services to Customers.
- “Booking” means an appointment for services arranged between a Customer and a Provider through the Platform.
- “Subscription” means a recurring paid plan granting Providers (or, where offered, Customers) access to premium features of the Platform.
- “User Content” means any information, imagery, reviews, listings or other material submitted to the Platform by a User.
- “Payment Processor” means an authorised third-party payment service provider engaged by ELANE to process payments, subscriptions, payouts and related financial operations.
Headings are for convenience only and do not affect interpretation. References to “including” are without limitation.
Eligibility and Account Registration
- You must be at least eighteen (18) years old, or the age of legal majority in your jurisdiction, and legally capable of entering into a binding contract.
- You agree to provide accurate, complete and current information at registration and to keep such information up to date at all times.
- You are responsible for safeguarding your account credentials and for all activity conducted through your account. You must notify us without undue delay at legal@elane.co.za of any suspected unauthorised access.
- ELANE reserves the right to refuse, suspend or terminate any account where information provided is false, misleading, incomplete, or in breach of these Terms.
- One person or legal entity may hold only one Customer account and, separately, one Provider account, unless expressly authorised by ELANE in writing.
Nature of the Platform
- ELANE operates a technology marketplace that enables Customers to discover, communicate with and book independent Providers. ELANE is not a beauty services provider and does not itself perform, supervise or control the underlying services delivered by Providers.
- Any contract for the supply of beauty services is concluded directly between the Customer and the Provider. ELANE is not a party to that contract and does not act as agent for either party in relation to the delivery of services.
- ELANE facilitates payment collection through authorised third-party Payment Processors solely to enable the smooth operation of the marketplace. ELANE does not itself hold or handle payment card data.
Bookings
- A Booking is confirmed once accepted by the Provider and acknowledged by the Platform. Until confirmation, a Booking constitutes a request only.
- Customers must review the Provider’s service description, pricing and applicable cancellation terms before confirming a Booking.
- Customers must attend Bookings at the agreed time and location. Late arrivals may shorten or forfeit the appointment at the Provider’s discretion.
- Cancellations, rescheduling and no-shows are governed by the Refund & Cancellation Policy and by the Provider’s own policies as disclosed at the time of Booking.
- ELANE may withhold, reverse or adjust commissions in respect of any Booking that is cancelled, disputed or determined to be fraudulent.
Payments, Fees and Subscriptions
- All payments made through the Platform are processed by authorised third-party Payment Processors. Your use of such services may be subject to the Payment Processor’s own terms and privacy notices.
- ELANE may charge Customers for Bookings and Providers for Subscriptions and for a commission on completed Bookings, as disclosed on the Platform from time to time. Applicable taxes will be added where required by law.
- Subscription fees are billed in advance on a recurring basis. Unless cancelled in accordance with these Terms, Subscriptions renew automatically for successive terms of equal duration at the then-current rate.
- ELANE may adjust pricing, commission rates and Subscription fees on not less than thirty (30) days’ prior notice. Continued use of the Platform after the effective date constitutes acceptance of the revised pricing.
- You authorise ELANE and its Payment Processors to charge your selected payment method for all sums due, including recurring Subscription fees, taxes and any adjustments arising from disputed or reversed transactions.
- Refunds are handled in accordance with the Refund & Cancellation Policy.
User Content and Reviews
- You retain ownership of your User Content. By submitting User Content you grant ELANE a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt, publish and display such content for the purposes of operating and promoting the Platform.
- You warrant that you own, or have all necessary rights and permissions in, the User Content you submit and that its use on the Platform will not infringe the rights of any third party or violate any law.
- Reviews must reflect genuine, first-hand experience. Fake, incentivised, retaliatory or defamatory reviews are prohibited under the Acceptable Use Policy and may be removed without notice.
- ELANE may, but is not obliged to, moderate, edit or remove User Content that in our reasonable opinion breaches these Terms or applicable law.
Intellectual Property
- The Platform, including all software, source code, design, text, graphics, trademarks, logos, and the ELANE name, is owned by Élané (Pty) Ltd or its licensors and is protected by intellectual property laws.
- Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Platform for its intended purpose.
- You may not copy, modify, reverse engineer, decompile, scrape, frame, mirror or create derivative works of the Platform, in whole or in part, except to the extent expressly permitted by law.
- All feedback, suggestions and ideas submitted to ELANE may be used by us without restriction or compensation.
Acceptable Use
Your use of the Platform is at all times subject to the Acceptable Use Policy, which forms part of these Terms. Without limiting that policy, you must not:
- use the Platform for any unlawful, fraudulent or deceptive purpose;
- circumvent the Platform’s Booking, commission or Subscription mechanisms, including by contacting other Users to arrange or complete transactions off-Platform;
- upload malicious code or interfere with the security, integrity or availability of the Platform;
- collect, harvest or scrape data relating to other Users;
- impersonate any person or misrepresent your affiliation with any person or entity.
Third-Party Services
The Platform may integrate with or link to services operated by third parties, including Payment Processors, mapping providers, communications services and analytics providers. ELANE does not control, and is not responsible for, such third-party services. Your use of any third-party service is subject to that provider’s own terms and privacy notices.
Suspension and Termination
- You may terminate your account at any time by using the in-Platform account closure tools or by contacting legal@elane.co.za. Termination does not entitle you to a refund of any amounts already paid, save as expressly provided in the Refund & Cancellation Policy.
- ELANE may suspend or terminate your access to the Platform, in whole or in part, with immediate effect where we reasonably believe you have breached these Terms, the Acceptable Use Policy, or applicable law, or where such action is necessary to protect the Platform, its Users or third parties.
- On termination, the licences granted to you under these Terms cease immediately. Provisions which by their nature are intended to survive termination (including intellectual property, liability, indemnity and dispute resolution) shall continue in effect.
Disclaimers
To the fullest extent permitted by law, the Platform is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, quality or accuracy.
ELANE does not warrant that the Platform will be uninterrupted, error-free or secure, that any information available through the Platform is accurate or complete, or that the services offered by Providers will meet your expectations.
Limitation of Liability
- To the maximum extent permitted by law, ELANE shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with your use of the Platform.
- ELANE’s aggregate liability arising out of or in connection with these Terms shall not exceed the greater of (i) the total fees paid by you to ELANE in the twelve (12) months preceding the event giving rise to the claim, or (ii) ZAR 2,000.
- Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud, gross negligence, or personal injury caused by negligence.
Indemnity
You agree to indemnify, defend and hold harmless ELANE, its affiliates, directors, officers, employees and agents from and against all claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with (i) your use of the Platform, (ii) your breach of these Terms or any applicable law, (iii) your User Content, or (iv) any dispute between you and another User.
Governing Law and Dispute Resolution
- These Terms are governed by, and shall be interpreted in accordance with, the laws of the Republic of South Africa, without regard to conflict-of-laws principles.
- The parties shall first attempt to resolve any dispute amicably by written notice to legal@elane.co.za. If the dispute is not resolved within thirty (30) days, either party may refer it to confidential mediation administered under the rules of the Arbitration Foundation of Southern Africa (AFSA).
- Failing settlement in mediation, the dispute shall be finally resolved by binding arbitration under the AFSA Commercial Rules, seated in Cape Town, before a single arbitrator, in English. Judgment on the award may be entered in any court of competent jurisdiction.
- Nothing in this clause prevents either party from seeking urgent interim or injunctive relief from the High Court of South Africa, Western Cape Division, Cape Town.
- If mandatory consumer protection laws in your country of residence require otherwise, those laws will apply to the extent required.
Amendments
ELANE may amend these Terms from time to time. Material changes will be notified by email or through prominent notice on the Platform, and will take effect on the date specified in the notice, being not less than fourteen (14) days after publication. Your continued use of the Platform after the effective date constitutes acceptance of the amended Terms.
General
- Entire agreement. These Terms, together with the policies referenced herein, constitute the entire agreement between you and ELANE in relation to the Platform.
- Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Assignment. You may not assign your rights under these Terms without our prior written consent. ELANE may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of assets.
- No waiver. A failure to enforce any provision shall not constitute a waiver of that or any other provision.
- Notices. Notices to ELANE must be sent to legal@elane.co.za. Notices to you may be sent to the email address associated with your account or posted on the Platform.