(This Agreement is effective from 3/9/2019 and continues until revoked by Lamoola (PTY) Ltd)
For purpose of this Agreement the terms “we”, “us” or “our”, refer to the Company, Site and App, used interchangeably. When you use the service available on the Site or the App, you consent to our collection, use, and disclosure of information about you as described in this Agreement.
YOUR PRIVACY IS IMPORTANT TO US
In these terms and conditions, unless the context specifies otherwise:
Your privacy is important to you and to us. We’ll protect the information you share with us. To protect your privacy, the Site follows different principles in accordance with worldwide practices for customer privacy and data protection.
We at the Company are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. For purpose of this Policy, Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or home. In general, you can visit the Site’s web pages without telling us who you are or revealing any Personal Information about yourself. If however, Personal Information is revealed to us, we won’t.
1‘User’ shall have the same meaning as defined under Section 2 (1) (j) of the Information Technology (Intermediaries Guidelines Rules, 2011). Per the said Rules, user means any person who accesses or avails any computer recourse of intermediary for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the computer recourses of an intermediary.
sell or give away any content of your Personal Information to anyone except people who may be involved in the delivery of Service.
Information we collect and how we use it
2.1 When you visit the Site or use our Service, we collect and store information about you, your computer or mobile device and your activities. This information may include, but is not limited to:
Your computer’s IP address; technical information about your computer or mobile device (such as type of device, web browser or operating system).
Your mobile device’s unique ID number (when available), your mobile device’s geographic location (specific geographic location if you’ve enabled collection of that information, or general geographic location automatically).
Your provided full name, email address, zip code and other information you may provide with your account, such as your gender and birth date. You may optionally provide us with this information through third party sign-in services such as Facebook and Google Plus. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.
How long you visited our service and which features you used.
We gather information from members and guests who apply for the various Services that our site offers. It includes, but may not be limited to, email address, first name, last name, a user-specified password, e-mail Id, mailing address, zip code and telephone number or fax number. We collect information primarily to ensure that we are able to fulfill your requirements and to deliver personalized experience.
To register as a member of the Site, you must be of sound mind. By using this Site, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining you from availing our Services. You also agree to abide by all of the terms and conditions of this Agreement. If at any time the Company is of the opinion (in its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation about your eligibility, the Company reserves the right to forthwith terminate your subscription and / or your right to use the Service, without any refund to you, for any of your unutilized subscription fee, if any.
User and Service Provider represents that they are not minors (16 or above) and are not persons with any criminal record nor barred by the government from receiving any services under any law in India. User and service provider agree to the following:
Provide accurate, current, true and complete information about them while registering on our Website or App.
Maintain and promptly update your profile and registration data to keep it accurate, true, current and complete.
Under an event of information being found incomplete, false or inaccurate, we reserve the right to delete, terminate or deactivate your account without any notification or intimation and refuse any current or future use of our Website and/or App.
When you register on our Website and/or App, you will be required to choose a username and a password. You are responsible for maintaining the confidentiality of your password and account information. You must immediately notify us of any unauthorized use of password or account or any other security breach.
You are liable for maintaining the confidentiality of any login information associated with any account you use to access the Services or resources, and thus you are also responsible for all activities that occur on your account. You will be solely responsible for any consequences, losses, or damages that the Company may directly or indirectly incur or suffer due to any illegal or unauthorized activities conducted by you or person engaged by you.
PROPRIETARY RIGHTS AND TRADEMARKS
The Site contains copyright material, trademark and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. All proprietary material displayed on the Site or provided on demand, is copyrighted as a collective work either owned by the Company or licensed from a third party.
The Company owns copyright in the selection, coordination, arrangement and enhancement of such proprietary material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit the content, in whole or in part. User may download copyrighted material for user’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
DISCLAIMER AND LIABILITY
User and service provider expressly agree that use of Services is at their sole risk. Neither the Company its affiliates nor any of its respective employees, agents, service providers, third party agents warrant that the Company’s Services will be uninterrupted, faulty or error free. The Company makes no representations about the accuracy of the information contained in the material provided and graphics on this Website for any purpose. The Company hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for any particular purpose, title and non-infringement. In no event, shall the Company be liable to any party for any direct, indirect, special or other consequential damages for any use of the Services, the information, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if the Company is expressly advised of the possibility of such damages. The Company is not responsible for any incorrect or inaccurate content provided to the user or service provider whether on the Site or otherwise. The user and service provider must use its discretion before availing Services of the Company.
User and service providers agree and assure to not hold the Company, its employees, agents, directors, officer bearers, managers, investors, donors, and licensors responsible, for and against all losses, whether financial, intellectual, mental, physical (including misuse of debit / credit card and online banking facilities) or otherwise, expenses, damages and costs, including reasonable attorneys’ fees, resulting from use of the Site or Services. Despite regular controls the Company is not liable for any mishap or misuse of financial or personal information of the service provider. We reserve the right to be indemnified for the above mentioned. In such event, user shall provide us with such cooperation as is reasonably requested by us.
The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and Subscribers or to any other person’s computer related to or resulting and/or in connection with the Company’s service. The Company expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content of study material made available to subscribers.
The Company does not warrant or guarantee that the information contained on the Site is accurate or complete, and hereby disclaims any and all liability to any person for any loss or damage caused by errors or omission, whether such errors or omissions result from negligence, accident or any other cause. Before availing Services, user discretion is advised. The Company further assumes no liability for the interpretation and/or use of the information contained on this Site, nor does it offer a warranty of any kind, either expressed or implied. Also, we do not guarantee that the use of our Services, resources and/or information provided on the Site will meet your needs or requirements. We do not also guarantee that the information obtained by using our Services will be accurate.
The Company makes no commitment to update the information or materials on this Website which, as a result, may be out of date. Neither us, nor our officers, directors, employees, agents or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information provided by us. The Company reserves the right to revise these terms at any time. User is responsible for reviewing this page from time to time to ensure compliance with the then current terms and legal restrictions because they will be binding upon them.
Force majeure: the Company will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the Company within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
Users expressly agree that use of the Website / App is being used at his / her sole risk. Neither us nor our affiliates, employees, directors, partners, agents, third party content providers or licensors warrant that the Website / App will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Website / App, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website / App.
The Website / App is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
Notice of liability: despite regular controls we are not liable for any negligence at our hands, should one occur. The said user is himself fully responsible for his / her respective usage.. Please contact us if you notice pages with illegal or immoral content. The legal information in this Agreement also applies to our social media outlets, such as Facebook, Google+, Twitter, LinkedIn and the like.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that we are not liable for defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
In no event will we or any person or entity involved in creating the Website and Mobile Application be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Website / App. User hereby acknowledges that the provisions of this section shall apply to all content on the Site and our Mobile Application.
In addition to the terms set forth above neither we nor our affiliates, suppliers or vendors shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of the information contained within the Website / App, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Disclaimer of Content: Every effort has been made to ensure that the information contained in this Site / App is accurate and true. The content of the Site / App is believed to be correct at the time of compilation. However, the Company makes no representations or warranties about the content and suitability of the information contained herein for any purpose. The Company, its servants, agents and employees disclaim all liability for the accuracy, completeness, or usefulness of any information, apparatus, products or process disclosed and for any error or omission therein.
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lamoola Community Guidelines
Our guidelines were developed to help make every experience feel safe, respectful, and positive. They apply to everyone who uses any of our app, including but not limited to lamoola customers and lamoola beauty professionals. It also includes interactions you may have with lamoola employees and contractors, through onlinemsupport systems, or over the phone.
Thank you for joining us to support and safeguard a welcoming environment.
The guidelines below help explain some of the specific kinds of behaviour that may cause you to lose access to the Lamoola apps. There will always be unforeseen events that may ultimately lead to you losing access to the Lamoola apps—and we’ll
update these guidelines regularly and provide you with a reasonable notice when we do—but the following guidelines are sufficient cause for Lamoola to take action. Please take a moment to read them.
Guidelines for all of us
Everyone who signs up for a Lamoola account is required to follow Lamoola ’s Community Guidelines. They reflect the following 3 pillars and the standards in each of these sections.
Treat everyone with respect.
Our community is remarkably diverse and, chances are, you will encounter people who might not look like you or share your beliefs. The guidelines in this section help to foster positive interactions during every experience.
Help keep one another safe.
We’re hard at work every day to help create safer experiences for everyone. Your safety drives us. That’s why these standards were written.
Follow the law.
We’re committed to following all applicable laws and earning your trust, and we expect everyone who uses our apps to do their part and adhere to applicable laws and regulations.
Your feedback matters.
If something happens, whether it’s good or bad, we make it easy for you to tell us. Our team is continuously improving our standards, and your feedback is important so
that we can take appropriate action and keep our standards relevant as our
Treat everyone with respect
Treat your fellow Lamoola app users as you would like to be treated yourself: with respect. The actions you take while using the Lamoola apps can have a big impact on the safety and comfort of others. Courtesy matters. That’s why you are expected
to exercise good judgement and behave decently towards other people when using the Lamoola apps—just as you would in any public place.
For example, always try to be on time for your beauty appointment once made, because nobody likes to wait. It’s also common courtesy not to shout or swear. Most importantly, remember that when you use the Lamoola apps you will meet people
who may look differently or think differently from you. Please respect those differences. We believe that everyone should feel welcomed when they use the Lamoola apps. That’s why we’ve created standards on physical contact, sexual
assault and misconduct, threatening and rude behaviour, unwanted contact, discrimination, and property damage.
Don’t touch strangers or anyone you just met while using any of Lamoola ’s apps. Hurting or intending to hurt anyone is never allowed.
Sexual assault and misconduct
We all value our personal space and privacy. It’s okay to chat with other people. But please don’t comment on someone’s appearance or ask whether they are single. Sexual assault and sexual misconduct of any kind is prohibited. Sexual assault and
misconduct refers to sexual contact or behaviour without explicit consent of the other person.
Personal space and privacy should be respected. The following list provides examples of inappropriate conduct, but is not exhaustive.
Behaviour and comments that could make people feel uncomfortable are not acceptable. Examples include nudges, whistles, and winks. Don’t touch or flirt with people you don’t know.
Certain conversations that could be perceived as harmless can be offensive. Don’t comment on appearance, perceived gender identity, or sexual orientation. Refrain from asking unrelated personal questions, such as "Are you in a relationship?" Avoid discussing your own or someone else’s sex life, using explicit language, or making jokes about sex.
Lamoola has a no-sex rule. Sexual contact is prohibited while using the Lamoola apps, including during a trip or delivery, regardless of whether you know the person or they give you their consent. This includes activities such as sexual intercourse, solicitation of sexual intercourse, masturbation, or touching and exposure of sexual body parts.
Threatening and rude behaviour
Aggressive, confrontational, or harassing behaviour is not allowed. Don’t use language or make gestures that could be disrespectful, threatening, or inappropriate. It is a good idea to stay away from personal topics that can potentially be divisive,
like religion and political beliefs.
Contact should end when the trip or delivery is complete, unless it’s to return a lost item or with mutual consent. For example, texting, calling, social media contact, visiting, or trying to visit someone in person after a service or delivery has been completed is not allowed.
You should always feel safe and welcome. That’s why we don’t tolerate conduct we’ve determined to be discriminatory. Do not discriminate against someone based on traits such as their age, colour, disability, gender identity, marital or civil partnership status, pregnancy or maternity, national origin, appearance, race, religion or belief, political views, sex, sexual orientation, or any other characteristic protected under relevant law.
For example, it is unacceptable to refuse to provide services based on characteristics like a person’s age, colour, disability, gender identity, marital or civil partnership status, pregnancy or maternity, national origin, appearance, race, religion or belief, political views, sex, sexual orientation, or any other characteristic protected under relevant law. It is also unacceptable to rate a lamoola Leader based on these traits.
Beauty professionals using the Lamoola app must comply with all relevant laws governing the beauty industry.
Property damage and locking
Damaging property is never allowed. If you damage property, you’re responsible for the cost of cleaning and repair fees, outside of normal wear and tear.
Help keep one another safe.
Everyone has a role to play in helping to create a safe environment. That’s why we have standards on account sharing, account holder age, and more.
Account sharing is not allowed, unless expressly permitted in our guidelines, terms, or other policies. To use any Lamoola app, you need to register and maintain your own active account. You should not let another person use your account, and never share your personal details, including username, password or biometric data, with anyone else exception. The bank account that is linked to your account must also be in your name.
People under the age of 18
You must be 18 years or older to have a Lamoola user account. Account holders are not allowed to request a ride or delivery for someone under the age of 18 who will not be accompanied by an adult during the service being delivered. This section applies unless there is an express deviation in our guidelines, terms or other policies.
When a group of clients receives a Lamoola service, each person is responsible for their own actions and omissions, however the account holder is ultimately responsible for the behaviour of all their guests. If you request a lamoola service, you’re held responsible for their behaviour (and the behaviour of any child accompanying that adult) during the service.
For an easy pickup or delivery, the Lamoola apps gives identifying information about beauty service providers, including but not limited to their licence plate number, vehicle make and model, profile picture, and name. Inaccurate or outdated information creates confusion among users, and can diminish their experience using the Lamoola app.
Use of cameras or other video or audio recording devices.
Anyone using the Lamoola apps may choose to record all or part of a service, to the extent permitted by applicable laws, including to document an issue that they may wish to report to Lamoola or a relevant authority. Applicable laws or regulations may require any individual using recording equipment to notify and/or obtain consent of anyone being recorded. Please check applicable laws and regulations to determine if these apply.
Broadcasting a person’s image, audio, or video recording is not allowed.
Be alert – Proper maintenance and upkeep.
Drivers and couriers are expected to maintain their professional kits, in good operating condition. This means maintaining your professional kit according to industry safety and maintenance standards and complying with all relevant laws and
Lamoola may take additional measures to try to preserve the safety of our platform during public emergencies, including but not limited to natural disasters, public health emergencies and public crisis situations.
For example, if Lamoola receives notice from a public health authority that someone using the Lamoola platform may present a potential for public harm, we may suspend the individual’s account until it is reasonably safe to allow the individual to
resume using the Lamoola platform. Similarly, we may prevent individuals in an entire city or region from using part or all of the Lamoola platform in order to comply with guidance from authorities during a time of public health emergency, natural
disaster or other public crisis situation, or when the continued availability of the Lamoola platform might present a clear and present danger.
Additional guidelines for Lamoola.
Illicit items, according to applicable laws and regulations, are not allowed to be offered as part of Lamoola menu of services. Lamoola may remove from—or otherwise limit your ability to post to—a merchant’s service items, if Lamoola deems
prohibited or inappropriate.
Follow the law.
We have standards based on applicable laws and regulations that everyone must follow. For example, using the Lamoola apps to commit or attempt to commit any crime—such as transporting drugs, money laundering, committing drug or human
trafficking, breaching modern slavery laws, or sexually exploiting children—or to violate any other law or regulation is strictly prohibited.
Follow all laws.
Everyone is responsible for knowing and obeying all applicable laws and regulations at all times when using the Lamoola apps. All relevant licences, permits and any other legal documents required of beauty professionals making use of the Lamoola apps, must be obtained and kept up to date. Beauty professionals must also meet the applicable regulatory requirements in your area.
Drugs and alcohol
If you’re a beauty professional delivering a service through lamoola, you cannot do so whilst while intoxicated. The law prohibits driving while under the influence of alcohol beyond the legal limits, drugs, or any other substance that impairs your ability to safely operate a vehicle. If a beauty professional encounters a rider who is too drunk or rowdy, you have the right to decline the service, for your own safety.
If you’re a customer and you have reason to believe your beauty professional may be under the influence of drugs or alcohol, ask the beauty professional to end the service immediately. Once they have left the premises, please also report your experience to Lamoola.
Clients/customers and their guests, as well as beauty professionals, are prohibited from carrying firearms of any kind while using the Lamoola app, to the extent permitted by applicable law.
Deception can weaken trust and also be dangerous. Intentionally falsifying information or assuming someone else’s identity (or allowing someone else to assume your identity), for example when signing in or undergoing a security check, isn’t allowed. It is important to provide accurate information when reporting incidents, creating and accessing your Lamoola accounts, disputing charges or fees, and requesting credits. Only request fees, charges or refunds that you’re entitled to, and use offers and promotions only as intended. Don’t knowingly complete invalid transactions.
Beauty professionals should never solicit or accept payment outside the Lamoola system.
Never harm the business or brand by doing things like using Lamoola ‘s trademark or intellectual property without permission. Beauty professionals should only use Lamoola branded items that are obtained from or condoned by Lamoola. The use of
unauthorised or third-party items bearing Lamoola ’s name or trademark—may confuse lamoola users.
Your feedback matters
If something happens, whether it’s good or bad, we make it easy for you to tell us. Our team is continuously improving our standards, and your feedback is important to keep our standards relevant as our technology evolves. Honest feedback helps
ensure that everyone is accountable for their behaviour. This accountability helps create a respectful, safe environment. And if something happens, please report this directly at firstname.lastname@example.org, so that our support team can follow up. In case of an emergency or if you find yourself in immediate danger, alert your emergency services and local authorities before notifying Lamoola.
If you believe an error caused you to lose access to your account, you may contact the Lamoola support team. If you lose access to your Lamoola account, you may not be able to access any of the Lamoola apps. If you’re a beauty professional and you lose access to your Lamoola account for a more than 5 negative customer reviews, you may have the opportunity to get back
on, if you provide proof that you’ve successfully taken a quality improvement course offered by third party experts.
Delivery, order, and trip confirmations
Beauty professionals are independent and Lamoola does not require or force anyone to log on or take work offered to them. If you’re a beauty professional and you don’t want to confirm availability for a service requests, you can just log off or decline. This
helps keep the system running smoothly for everyone.
For beauty professionals, if you consistently decline consecutive trip or order requests in a row, our technology and team may assume you do not want to confirm availability for more trips or orders or have forgotten to log out, and you may be
temporarily logged out. However, you are free to log back in at any time you wish to begin confirming availability for trips and orders again.
How Lamoola enforces our guidelines.
Lamoola receives feedback through a variety of channels, reviews reports submitted to our support team that may violate our Community Guidelines, and may investigate through a specialised team. If we are made aware of potentially problematic
behaviour, we may contact you so we can look into it. We may, at our sole discretion, put a hold on your account or turn your account inactive until our review is complete. There may be times, whether due to privacy reasons or as required by regulators or the police, that we are not able to share any information with you about why you may be temporarily unable to access the Lamoola app(s). We will do what we can to ensure that you are made aware of why your access to the Lamoola app(s) has been restricted as well as resolving any investigation as quickly as possible.
Not following any one of our guidelines may result in the loss of access to your Lamoola accounts. This may include certain actions you may take outside of the app, if we determine that those actions threaten the safety of the Lamoola community, our employees, and contractors, or cause harm to Lamoola ’s brand, reputation, or business. And if the issues raised are serious or a repeat report, or you refuse to cooperate, you may lose access to the Lamoola apps. Any behaviour involving violence, sexual misconduct, harassment, discrimination, or illegal activity while using the Lamoola apps can result in the immediate loss of access to the Lamoola apps. Additionally, when law enforcement is involved, we will cooperate with their investigation.
Lastly, beauty professionals wanting to use the Lamoola apps may undergo a screening process, including record check and background checks as applicable. A beauty professional may lose access to their Lamoola account(s) if record or background checks uncover a violation of Lamoola ’s Community Guidelines or other criteria required by local regulators. Lamoola Beauty professionals must have proven professional background education and/or experience in providing the service which
they are enlisting on lamoola.
Last updated: July 01, 2020