Terms and Conditions
Last updated: 1 February 2018
1. Mutual Contractual Relationship
2. The Services (On Demand)
The Services stipulated in the Terms constitute a technology platform which enables users of Instaglam Express (Pty) Ltd’s mobile applications and websites (each, an “Application”) to arrange, assist with quotations, schedule and collect payment for Household Services, Outdoor Related Services, Personal Services and Transportation and/or Logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with Instaglam Express (Pty) Ltd or certain of Instaglam Express (Pty) Ltd’s affiliates (“Third Party Providers“). Unless otherwise agreed by Instaglam Express (Pty) Ltd in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT INSTAGLAM EXPRESS (PTY) LTD DOES NOT PROVIDE PERSONAL SERVICES.
License to Use
Subject to your agreement and compliance with these Terms, Instaglam Express (Pty) Ltd will grant you a limited, non-transferable, non-sub licensable, non-exclusive, revocable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Instaglam Express (Pty) Ltd and Instaglam Express (Pty) Ltd’s licensors.
Restrictions and Intellectual Property
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Instaglam Express (Pty) Ltd; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.
Provision of the use of the Services
Instaglam Express (Pty) Ltd may make portions of the Service available to you under Instaglam Express (Pty) Ltd’s various brands currently referred to as “Instaglam Express (Pty) Ltd,” “Household,” “Outdoor,” “Personal,” and “Transport”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Instaglam Express (Pty) Ltd’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including Household Service providers, Outdoor Related Service Providers, Personal Service Providers, Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorisations or licenses.
Third Party Services
The Services provided as well as all rights therein are shall remain the property of Instaglam Express (Pty) Ltd and Instaglam Express (Pty) Ltd’s licensors. Not the Terms nor your use of the Services convey, cede or grant you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Instaglam Express (Pty) Ltd’s company names, logos, product and service names, trademarks or services marks or those of Instaglam Express (Pty) Ltd’s licensors.
3. Use of the Services
Accounts of Users
Services offered by Instaglam Express (Pty) Ltd need to initially be registered for and continually maintained in order for you to make use of the Services account (“Account“). Users of such aforementioned Services are required to be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. In order to open an Account, you will need to initially supply Instaglam Express (Pty) Ltd with your name, email address, a self-selected password and your mobile number, once you have verified your OTP sent your mobile number you will then be able to access your profile. Once you have entered at least one valid payment method (either a credit card or an accepted payment partner) as well as entered your home address, business address and uploaded a photo of yourself, your online user Account profile will be complete. You agree to maintain this information and ensure that it is complete, accurate and up to date. If you fail to maintain accurate, complete and up to date Account information, including letting your approved payment method expire will result in your inability to access and use the Services or Instaglam Express (Pty) Ltd’s termination of this agreement with you. You are therefore responsible for all activity that occurs under your Account, and you expressly agree to maintain the security and secrecy of your own Account username and password at all times. Unless otherwise permitted by Instaglam Express (Pty) Ltd, you may only be allowed to possess a single Account.
Code of Conduct
You agree to comply with all applicable laws when using the Services, furthermore you may only use the Services for lawful purposes (i.e. no transportation of hazardous materials nor for criminal activities). The Service is also not available for use to persons under the age of 18. You may not and will not authorise third parties to use your account. You may not assign or otherwise transfer your Account to any other person or entity. You will not use the Services to cause nuisance, annoyance, inconvenience, or property damage, whether to a Third Party Provider or any other party, this includes making bookings and not sticking to the agreed times as well as cancelling bookings for unjustified reasons. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to, or use of the Services if you refuse to provide proof of identity.
Text Messaging (SMS)
When you create your Account, you agree that the Services may send you informational and promotional text messages (SMS), as part of the normal business operation of your use of these Services. You may opt-out of receiving text (SMS) messages from Instaglam Express (Pty) Ltd at any time by texting the word STOP to the number on the message from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Instaglam Express (Pty) Ltd may, at Instaglam Express (Pty) Ltd’s sole discretion, create promotional codes (“Promo Codes”) that may be redeemed for discounts or Account credit, or other features and benefits related to the Service as well as Third Party Provider’s services. These Promo Codes are subject to additional terms and are subject to the terms on a per Promo Code basis. You agree that Promo Codes: (i) must be used for the intended uses and purposes, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Instaglam Express (Pty) Ltd; (iii) may be disabled by Instaglam Express (Pty) Ltd at any time for any reason without liability to Instaglam Express (Pty) Ltd; (iv) may only be used in conjunction to the specific terms that Instaglam Express (Pty) Ltd establishes for such specific Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Instaglam Express (Pty) Ltd reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Instaglam Express (Pty) Ltd determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Instaglam Express (Pty) Ltd may, at Instaglam Express (Pty) Ltd’s sole discretion, permit you from time to time, to submit, upload or publish textual, visual, audio or information, including feedback related to the Services, initiation of support requests as well as submission of competition entries and promotions (“User Content”). Any User Content provided by you will remain your property. However, by providing User Content to Instaglam Express (Pty) Ltd, you grant Instaglam Express (Pty) Ltd a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, this includes the Services and Instaglam Express (Pty) Ltd’s as well as third party sites and services, without further notice to, nor consent from you, and without the requirement of payment to you or any other person or entity. You warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Instaglam Express (Pty) Ltd the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Instaglam Express (Pty) Ltd’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Instaglam Express (Pty) Ltd in its sole discretion, whether or not such material may be protected by law. Instaglam Express (Pty) Ltd may, but shall not be obligated to, review, monitor, or remove User Content, at Instaglam Express (Pty) Ltd’s sole discretion and at any time and for any reason and without notice to you.
Internet Access and Device Hardware
You acknowledge that you are solely responsible for purchasing or obtaining the data that will be required to access the Services. Your mobile networks messaging and data rates may apply if you use the Services from a wireless enabled device. You as the Account holder are responsible for ensuring that the hardware used to access the Services and Applications are up to date and compatible with any updates to the Service. Instaglam Express (Pty) Ltd does not guarantee that the Services, or any portion thereof, will function on all hardware devices. Furthermore, the Services may be susceptible to malfunctions and delays inherent in the use of the internet and electronic communications.
4. Payment for the Service
In exchange for the use of the Service, you agree and accept that using the Services may result in charges for goods or services received by you from a Third Party Provider (“Fees”). After receiving such aforementioned goods or services obtained through the use of the Service, Instaglam Express (Pty) Ltd will facilitate your payment of the applicable Fees on behalf of the Third Party Provider, therefore acting as the Third Party Provider’s limited payment collection agent. Payment of the Fees in this manner shall be considered as being equivalent to a payment made directly by you to the Third Party Provider. Fees will be inclusive of applicable taxes where required by law. Charges paid by you will be final and non-refundable, unless otherwise determined by Instaglam Express (Pty) Ltd. You retain the right to request lower Fees from a Third Party Provider in the Household and Outdoor Services segment before final detailed quotation and once the provider has been on site for services or goods to be received by you from such Third Party Provider. For all other services and once the final quotation has been sent for the Household as well as Outdoor Services and approved by you there may be no negotiation on pricing as the platform has been designed in such a way that you the customer will have already received the benefit of quotations for multiple service providers before they have come to your site. All Fees are due immediately and payment will be facilitated by Instaglam Express (Pty) Ltd using the preferred payment method designated in your Account, after which Instaglam Express (Pty) Ltd will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Instaglam Express (Pty) Ltd may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
Instaglam Express (Pty) Ltd reserves the right to establish, remove or revise Fees for any or all goods or services obtained through the use of the Services at any time at Instaglam Express (Pty) Ltd’s sole discretion. Additionally, you acknowledge and agree that Fees applicable in certain geographical areas may increase substantially during times of high demand. Instaglam Express (Pty) Ltd will use reasonable efforts to inform you of Fees that may apply, provided that you will be responsible for Fees incurred under your Account regardless of your awareness of such Fees or the amounts thereof. Instaglam Express (Pty) Ltd may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Fees applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
The Third Party Provider shall be fully compensated for the goods or services that they have provided by this payment structure. Instaglam Express (Pty) Ltd does not designate any portion of your payment as a tip or gratuity for the Third Party Provider. If any representation by Instaglam Express (Pty) Ltd is found in the Application, on websites, or in marketing materials with regards to tipping, it is to be understood that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for goods or services provided. It is not intended to suggest that Instaglam Express (Pty) Ltd provides any additional amounts beyond those described above to the Third Party Provider. You acknowledge and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with goods or services obtained through the use of the Service, you are under no obligation to do so and that any gratuities are voluntary and at your discretion. After you have received such goods or services, you will be able to rate your service provider and it is highly recommended that you do so for the benefit of the provider should they deliver great service, as well as for the benefit of future customers who may, or may not make use of the same provider based on your rating.
5. Disclaimers, Limitation of Liability and Indemnity
The Services are provided as they are available and also as is. Instaglam Express (Pty) Ltd disclaims all warranties as well as representations, be they express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Furthermore, Instaglam Express (Pty) Ltd makes no representation, warranty, or guarantee with regards to the reliability, quality, timeliness, suitability, or availability of the Services or any goods or services requested through the use of the Services. Instaglam Express (Pty) Ltd additionally does not guarantee that the Services will be uninterrupted or error free. Instaglam Express (Pty) Ltd does not guarantee the quality, suitability, safety or ability of Third Party Providers. You agree that the entire risk arising out of your use of the Service, as well as any goods or services requested in connection with the Service, remains solely with you, to the maximum extent permitted under applicable law.
Limitation of Liability
Instaglam Express (Pty) Ltd shall not be held liable for indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if Instaglam Express (Pty) Ltd has been advised of the possibility of such damages. Instaglam Express (Pty) Ltd shall not be held liable for any damages, liability or losses arising out of (i) Your use, or reliance on the Services or your ability to access or use the Services, or (ii)
Any transaction or relationship between you and any Third Party Provider, even if Instaglam Express (Pty) Ltd has been advised of the possibility of such damages. Instaglam Express (Pty) Ltd shall not be liable for delay or failure in performance which have resulted from causes that are beyond the reasonable control of Instaglam Express (Pty) Ltd. In no event shall Instaglam Express (Pty) Ltd’s total liability to you in connection with the Services for all damages, losses and causes of action exceed Five Thousand Rand (R5000.00).
Instaglam Express (Pty) Ltd Services on Demand may be used by you to request and schedule PERSONAL SERVICES WITH THIRD PARTY PROVIDERS, but you agree that Instaglam Express (Pty) Ltd has no responsibility or liability to you related to any PERSONAL SERVICES provided to you by Third Party Providers other than as expressly set forth in these Terms. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Instaglam Express (Pty) Ltd and its directors, officers, employees and agents harmless from any and all claims, demands , losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or goods or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Instaglam Express (Pty) Ltd’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Dispute Resolution
Arbitration in the Event of a Dispute
You agree that any dispute, claim or controversy out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Instaglam Express (Pty) Ltd except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Unless agreed in writing by both you and Instaglam Express (Pty) Ltd, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. You additionally agree that this “Dispute Resolution” section will survive any termination of these Terms.
Governing Arbitration Law
The arbitration will be administered by the South African Arbitration ACT 42 of 1965.
Changes to Dispute Resolution
Notwithstanding the provisions for Instaglam Express (Pty) Ltd to make modifications to the Terms above, you may, in the event that Instaglam Express (Pty) Ltd changes the “Dispute Resolution” section after you first accepted these Terms or accepted any subsequent changes to these Terms reject such change by providing Instaglam Express (Pty) Ltd written notice of such rejection of the Dispute resolution by mail to: Instaglam Express (Pty) Ltd Number 2 Hans Schoeman Street, Malanshof, Johannesburg 2194, or by email from the email address associated with your Account to: LEGAL@INSTAGLAMXPRESS.COM, within 30 days from date of such change, as indicated in the “Last updated” date above, in order to be effective.
You acknowledge that Instaglam Express (Pty) Ltd may give notice by means of a general notice on the Services, by email to the address in your Account, or by written communication by post sent to your address in your Account. Such notice shall be deemed to have been given after either 48 hours have expired since the mailing or posting of such notice, or 12 hours have expired since emailing such notice. You may give Instaglam Express (Pty) Ltd. You may give Instaglam Express (Pty) Ltd notice, such notice shall be deemed given when received by Instaglam Express (Pty) Ltd, at any time. Notice may be sent to LEGAL@INSTAGLAMXPRESS.COM
You may not assign these Terms without Instaglam Express (Pty) Ltd’s prior written approval. Instaglam Express (Pty) Ltd may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Instaglam Express (Pty) Ltd’s equity, business or assets; or (iii) a successor by merger. You agree that No joint venture, partnership, employment, or agency relationship exists between you and Instaglam Express (Pty) Ltd, nor between you or any Third Party Provider as a result of this Agreement, or use of the Services. Any supposed assignment in violation of this section shall be void. If any stipulation or provision in these Terms is held to be invalid or unenforceable, such stipulation or provision shall be struck and the remaining stipulations or provisions shall be enforced to the fullest extent of the law. It shall be noted that Instaglam Express (Pty) Ltd’s failure to enforce any right, stipulation or provision in these Terms shall not constitute a waiver of such right, stipulation or provision unless specifically acknowledged in writing by Instaglam Express (Pty) Ltd.