©2019 DYME Beauty App (PTY) Ltd

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DYME TERMS AND CONDITIONS OF USE AND SERVICE

 

DYME strives to make every user interaction a pleasure by ensuring that we fulfill our duties and obligations to every single one of our valued users. In order to do so, we would like to take this opportunity to share with you our Terms and Conditions of Use and Service (“Terms”), where all users of DYME can see the exact details of how we value professional transparency and devotion in all of our operations.

Please see our distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.

If you would like to join the DYME team as a Third Party Provider, please see the specific section below for further information and applicable terms and conditions.


 

  • Please read these terms carefully before accessing or using the Application and/or Services and/or registering as a Third Party Provider.

 

  • These Terms govern the access and/or use by you, an individual, from within South Africa of applications, websites, content, products, and services (the “Services”) made available by [insert company name] (reg: [insert registration number]) (“DYME”), as either a user or Third Party Provider.

 

  • The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Services or Application for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” used refers to DYME or its possession.

 

  • Not all terms are necessarily defined in order.

 

  • These terms were last updated on [insert date].

 

USER TERMS

  1. INTRODUCTION

    1. Your access and use of the Application and/or Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and DYME. If you do not agree to these Terms, you may not access or use the Application and/or Services.

    2. These Terms expressly supersede prior agreements or arrangements with you. DYME may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time, for any reason.

    3. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to and shall be deemed incorporated into the Terms for the purposes of the Services.

    4. DYME may amend the Terms related to the Services from time to time. Amendments will be effective upon DYME’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

    5. Our collection and use of personal information in connection with the Services is as provided in DYME’s Privacy Policy provisions below. DYME may provide to a Third Party Provider any necessary information (including your contact information) to render aspects of the Services, or if there is a complaint, dispute or conflict which requires the information.

  2. THE SERVICES

    1. The Services constitute a technology platform that enables users of DYME’s mobile applications or websites provided as part of the Services (each, an/the “Application”) to arrange and schedule various beautician and spa services with independent third party providers of such services, including independent third party spas and independent third party beautician therapy providers under agreement with DYME or certain of DYME’s affiliates (“Third Party Providers”).

    2. The Application may also provide for a user or Third Party Provider to make use of the “Contact Us” feature, which a user or Third Party Provider may make use of to contact DYME using the Application infrastructure to assist in any matter using the prompts provided on the Application. Notwithstanding this feature and ability of DYME to become involved in a situation concerning the user and/or Third Party Provider, it is under no obligation to do so and holds no responsibility relating to its functioning and use. The “Contact Us” feature is in no way an emergency contact feature nor “SOS” tool.

    3. Unless otherwise agreed by DYME in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

  3. RELATIONSHIP BETWEEN THE PARTIES

    1. YOU ACKNOWLEDGE AND AGREE THAT DYME DOES NOT PROVIDE BEAUTICIAN AND SPA SERVICES OR FUNCTION AS A BEAUTICIAN AND SPA SERVICES PROVIDER AND THAT ALL SUCH BEAUTICIAN AND SPA SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY DYME OR ANY OF ITS AFFILIATES.

    2. If you make use of the Services, you do so entirely at your own risk and via a private transaction with the Third Party Provider, where DYME is in no way involved other than as provided in these Terms. Please take care in understanding all applicable Third Party Provider policies and terms when using their services. Although DYME carefully curates each Third Party Provider’s standards and services prior to being placed on an Application, DYME is not responsible for the quality or standard of any service advertised or provided by a Third Party Provider.

    3. Subject to adherence to the Terms, DYME grants to you a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in an application on any machine which you are the primary user. However, nothing contained on the Application should be construed as granting any license or right to use any intellectual property without the prior written permission of DYME.

    4. The Services may be made available or accessed in connection with third-party services and content (including advertising) that DYME does not control.

      1. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content.

      2. DYME does not endorse such third party services and content and in no event shall DYME be responsible or liable for any products or services of such third party providers.

  4. YOUR USE OF THE SERVICES AND WARRANTIES

    1. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”).

    2. You must be at least 18 years of age to obtain and use an Account.

    3. Account registration requires you to submit to DYME certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner).

    4. You agree to maintain accurate, complete, and up-to-date information in your Account.

    5. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or DYME’s termination of these Terms with you.

    6. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

    7. Unless otherwise permitted by DYME in writing, you may only possess one Account.

    8. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive beautician and spa services from Third Party Providers unless they are accompanied by you.

    9. You may not assign or otherwise transfer your Account to any other person or entity.

    10. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. 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.

    11. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. DYME does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

  5. PAYMENT

    1. You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”).

    2. After you have ordered and received services or goods from the Third Party Provider obtained through your use of the Services, DYME will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as a payment made directly by you to the Third Party Provider and will be inclusive of applicable taxes where required by law.

    3. Charges paid by you are final and non-refundable with regard to DYME, unless otherwise determined by DYME in accordance with relevant applicable legislation. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. DYME will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

    4. All Charges are due immediately and payment will be facilitated by DYME using the preferred payment method designated in your Account, after which DYME 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 DYME may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

    5. DYME is committed to providing secure online payment facilities. All transactions, as processed by our providers, are encrypted using secure socket layer technology (SSL) and stored with encryption.

    6. As between you and DYME, DYME reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in DYME’s sole discretion. DYME will use reasonable efforts to inform you of all Charges that may apply, provided that you will be responsible for Charges incurred under your Account.

    7. DYME 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 Charges applied to you.

    8. 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 reasonable cancellation fee, which you will be made aware of around the time of cancellation.

    9. DYME does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

    10. You may contact us via email at dymebeautyservices@gmail.com to obtain a full record of your payment for any transaction conducted via the Services.

  6. USER RESPONSIBILITIES AND WARRANTIES

    1. By using the Applications and/or the Services, you warrant that:

      1. you have read and agreed to these Terms and will use the Application in accordance with them;

      2. you have not made any misrepresentations and the information provided in the registration process is true, accurate and complete;

      3. you will not post, upload, replicate or transmit any abusive content on an Application that is or could reasonably be considered threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Services;

      4. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Applications including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Application or the underlying software code;

      5. you will not infringe any third party or the Application’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute; and/or

      6. facilitate or assist any third party to do any of the above.

    2. DYME does not guarantee that the Application, or any portion thereof, will function on any particular hardware or device.

  7. RECEIPT AND TRANSMISSION OF DATA MESSAGES

    1. Data messages, including e-mail messages, sent by you to DYME will be considered to be received only when acknowledged or responded to.

    2. Data messages sent by DYME to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

    3. DYME reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.

    4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. DYME is therefore not responsible for the accuracy of any message sent by email or the Application over the internet, whether from DYME to a user or from a user to DYME.

  8. HYPERLINKS, DEEP LINKS, FRAMING

    1. The Application may include links to other internet sites ("the other sites"). DYME does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.

    2. DYME does not purport to own the content on other sites which may be shown on the Application. Should the owner of any content showcased on the Application want the content to be removed, please write to dymebeautyservices@gmail.com and DYME will engage you on the removal of the content.

  9. ADVERTISING AND SPONSORSHIP

    1. The Application may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Application complies with all applicable laws and regulations.

    2. DYME, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

  10. INTELLECTUAL PROPERTY PROTECTION

    1. All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Application) together with the underlying software code and everything submitted by you to the Application and DYME in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by DYME, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

    2. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Application and related to the Services are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Application or the underlying software code whether in whole or in part, without the written consent of DYME first being granted, which consent may be refused at the discretion of DYME. No modification of any intellectual property or editorial content or graphics is permitted.  

    3. DYME reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Application, or to suspend or terminate the Application and/or Services, at any time without notice; provided that any transactions already concluded through the Application will not be affected by such suspension or termination (as the case may be).

    4. Where any of the Application’s or Services’ intellectual property has been licensed to DYME or belongs to any third party, other than that which has been submitted by a user to the Application in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

    5. Any enquiries regarding any of the above relating to intellectual property must be directed to DYME at dymebeautyservices@gmail.com

  11. PRIVACY AND PERSONAL INFORMATION

    1. We respect your privacy and your personal information, and will take reasonable measures to protect it, as more fully detailed below.

    2. Should you decide to register with or function as a user on an Application or for the Services, DYME may collect, collate, process, and use the following types of information about you when you use the Application (“personal information”):

      1. Information provided by the user. DYME collects personal information (that is information about the user that is personally identifiable like the user’s name, address, age, geolocation, gender, e-mail address, phone number(s) and other unique information such as user IDs and passwords, banking/accounting information, product and service preferences and contact preferences that are not otherwise publicly available); and

      2. Information that is collected automatically. DYME receives and stores information which is transmitted automatically from the user’s device when the user browses the internet or uses an Application. This information includes information from cookies (which are described in clause 11.14 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-locationary information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Application such as your browser type and language, access times, and the address from which you arrived at the Application.

    3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. DYME is however under no obligation to ensure that your personal information or other information supplied by you is correct.

    4. You warrant that the personal information disclosed to DYME, Third-Party Providers or the Application is directly from you as the user of the Application or in connection to the Services.

    5. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

    6. Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Application and/or the Services, and you have consented to this, but we will not, without your express consent:

      1. use your personal information for any purpose other than as set out below:

        1. to contact you regarding current or new information, products or services or any other service offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through the same contact);

        2. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through same correspondence); and

        3. to improve our Services selection and your experience on the Application by, for example, monitoring your browsing habits, or tracking your sales on the Application; or

      2. disclose your personal information to any third party other than as set out below:

        1. to our employees and/or Third Party Providers who assist us to interact with you via our Applications, email or any other method, for the ordering of their services, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

        2. to our divisions and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new product or Services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us, possible through same correspondence with us);

        3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of any applicable law, or to investigate violations of these Terms; and

        4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as to how we operate.

    7. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of the court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, DYME is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

    8. We will ensure that all of our employees, Third Party Providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than DYME’s in relation to your personal information.

    9. We will:

      1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

      2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

      3. provide you with reasonable access to your personal information to view and/or update personal details;

      4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

      5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

      6. upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Application functionality might be lost if certain personal information is amended or destroyed).

    10. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

    11. DYME undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.

    12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

    13. If you disclose your personal information to a Third Party Provider, such as an entity which operates a website linked to an Application or anyone other than DYME, DYME shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the Third Party Provider or any third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

    14. This Application may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on an Application, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Application will, therefore, be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of these Terms.

    15. You are entitled to request access to any of your relevant personal data held by DYME and where such access is necessary for you to exercise and/or protect any of your rights. For any personal data held by any third party, the user must approach that party for the realisation of the user’s personal data rights with them, and not with DYME.

  12. DISCLAIMERS AND WARRANTIES

    1. The Application, including any intellectual property appearing therein, is provided "as is" and "as available". DYME makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Applications or the information contained in it.

    2. All information or opinions of users made available on the Application in relation to any of the Services are those of the authors and not DYME. While DYME makes every reasonable effort to present such information accurately and reliably on an Application, DYME does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on an Application.

    3. DYME, its members, employees and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) an Application and/or transactions or actions resulting therefrom.

    4. DYME, its members, employees, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Application in any manner.

    5. Users and Third-Party Providers from locations outside of South Africa, please note that DYME complies with all South African laws in representing the Services.

    6. DYME takes reasonable security measures to ensure the safety and integrity of the Application and to exclude viruses, unlawful monitoring and/or access from the Applications. However, DYME does not warrant or represent that your access to the Application will be uninterrupted or error-free or that any information, data, content, software or other material accessible through an Application will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Application remains solely at the user’s own risk and the user should take their own precautions accordingly.

  13. INDEMNITIES

    1. You indemnify and holds harmless DYME, its members, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of the Application or Services offered or ordered through the Application in any way.

    2. You agree to indemnify, defend and hold DYME harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms.

    3. This clause will survive the termination of this agreement.

  14. COMPANY INFORMATION

    1. Application owner: [insert]

    2. Legal Status: DYME is a [insert]

    3. Registration Number: [insert]

    4. Director: [insert]

    5. Description of main business: [insert]

    6. Telephone number: [insert]

    7. E-mail address: [insert]

    8. Application location: [insert]

    9. Physical address: [insert]

    10. Postal address: [insert]

    11. Registered address: [insert]

  15. DISPUTE RESOLUTION AND GOVERNING LAW

    1. Your access and/or use of the Application, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa only.

    2. Should any dispute, disagreement or claim arise between the parties concerning the use of the Application or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

    3. Should the parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussion on their behalf.

    4. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

    5. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim.

  16. TERMINATION OF USE OF APPLICATION OR SERVICES

    1. In addition to the conditions provided for above, DYME reserves the right to terminate and cancel your account if you breach any of the Terms, or for any other reason.

    2. If you wish to terminate the agreement with DYME, you may do so by deregistering your Account with the Application and discontinuing the use of the Services.

    3. The obligations and liabilities of the parties incurred prior to the termination date of the agreement shall survive the termination of this agreement for all purposes, including the payment of any Charges due and payable by you for the Services.

    4. In the event of cancellation of your agreement with the Terms and with DYME, DYME will de-register your Account and remove you from the Application.

  17. NOTICES AND SERVICE ADDRESS

    1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

      1. in the case of DYME, at [insert admin address]; or

      2. in the case of the user, at the e-mail and addresses provided by the user to DYME in the registration process.

    2. The term "Business Day" means any day other than a Saturday, Sunday or public holiday in South Africa.

    3. Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

    4. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

  18. GENERAL

    1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.4 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.

    2. No indulgence, leniency or extension of time granted by DYME shall constitute a waiver of any of DYME’s rights under these Terms and, accordingly, DYME shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.

    3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.

    4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.  

    5. Should you have any complaints or queries, kindly address an e-mail to dymebeautyservices@gmail.com advising DYME of same.

    6. In the event of the user failing to pay any amount timeously or breaching these Terms, the User shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by DYME in relation to the payment failure or breach.

    7. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

    8. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto.


THIRD PARTY PROVIDERS TERMS

  1. INTERPRETATION

    1. In these terms, unless the context clearly otherwise indicates:

      1. “Business Day” means any day other than a Saturday, Sunday or public holiday officially recognised as such in the Republic of South Africa;

      2. “Commencement Date” means [insert date];

      3. “Charges” means the amount charged by the Third Party Provider to a user of the DYME Application for the particular Services ordered and to be rendered by the Third Party Provider to the user, as collected by DYME on the Third Party Provider’s behalf as its limited collection agent, and from which any DYME Fee will be deducted before any balance is forwarded to the Third Party Provider;

      4. “Fee” means the amount which the Third Party Provider agrees to pay DYME per each incidence of their Third Party Services being ordered and rendered to a user via the Application, consisting of the Commission and Processing Fee for using the Services of the Application to: publicise or advertise its Third Party Services as allowed by the App; facilitate the payment of any monies owed between the user and the Third Party Provider; and provide the various Services and features of the Application to the Third Party Provider to use in facilitating the sale of their Third Party Services to the users generally, all subject to the provisions below;

      5. “parties” means DYME and the Third Party Provider and “party” shall mean any one of them as the context may indicate; and

      6. “Third Party Services” means those beautician and spa services to be provided by the Third Party Provider to registered users of the Services, and facilitated via the Application, from time to time, and subject to the conditions in Annexure A hereto.

    2. Words importing the singular shall include the plural and vice versa, words importing any gender shall include the other genders and words importing persons shall include partnerships and bodies corporate.

    3. Third Party Providers warrant that they have read, understood and agree to be bound by all other applicable DYME policies and Terms & Conditions applicable to the Services and the Application, some of the terms of which, or definitions used, are used interchangeably or incorporated herein.

    4. The head notes to the paragraphs to this agreement are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

    5. If any provision in the abovementioned definitions and/or the preamble hereto is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that such provision is only contained in this clause ‎1, effect shall be given thereto as if such provision were a substantive provision in the body of the agreement.

    6. Your access and use of the Application and/or Services as a Third Party Provider constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and DYME. If you do not agree to these Terms, you may not access or use the Application and/or Services.

  2. INTRODUCTION

    1. DYME and/or the Application provides an online application platform (“Services”) which allows users to search for and order on-demand beautician and other spa-related services of a Third-Party Provider (the Third Party Services), using the Application as a tool for the parties to find each other and conclude a transaction privately amongst themselves. DYME and/or the Application itself does not sell any products or offer any services, but simply enables users and Third Party Providers to meet and transact, using the Application.

    2. Should you register as a Third Party Provider using the tools provided for doing so on the Application, you agree to be bound by these below Third Party Provider terms as a means to record and regulate how the Third Party Provider is appointed as an independent contractor to DYME when providing their Third Party Services and using the Application, and the conditions by which the Services (by DYME) and the Third Party Services (by the Third Party Provider) are to be provided by each respective party.

  3. APPOINTMENT

Once you have successfully registered as a Third Party Provider using the tools provided for doing so on the Application, DYME appoints the Third Party Provider to provide the Third Party Services using the Application and the Third Party Provider thereby accepts such appointment (“the Appointment”), on the terms herein (including any Annexures), and as agreed to between the parties in writing from time to time.

  1. PERIOD OF APPOINTMENT

The Appointment shall commence on the Commencement Date and shall continue indefinitely, subject to termination as provided for in Clause ‎12 below (termination) of these terms below.

  1. RELATIONSHIP OF THE PARTIES

    1. The Third Party Provider shall be an independent contractor for DYME.

    2. The relationship of the parties, inter se, shall be governed by the terms of this agreement and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement or the like between them nor to constitute one party being the agent of the other for any purpose.

    3. Confirming the Third Party Provider’s status as an independent contractor, the Appointment contemplated in this agreement shall not require the Third Party Provider to agree to render services exclusively for DYME. Subject to the terms of this agreement, the Third Party Provider shall also be entitled to provide competing services to the Third Party Services.

  2. GENERAL OBLIGATIONS OF THE THIRD PARTY PROVIDER

In addition to the standards and conditions required from a Third Party Provider when rendering the Third Party Services as per Annexure A, the Third Party Provider warrants and undertakes to DYME in relation to the Third Party Services that:

    1. s/he shall render the Third Party Services in accordance with DYME’s/the Application’s instructions and directions from time to time, and on the standards and conditions detailed herein or as agreed to between the parties from time to time;

    2. s/he shall maintain and be responsible for any registration or access to the Services and/or Application required to render the Third Party Services to a user;

    3. s/he is fully experienced, organised, financed, equipped, qualified, and able to render the Third Party Services in each and every respect;

    4. s/he shall procure, maintain and use adequate commercial insurance to cover any losses or claims levied against it from any third party in relation to the Third Party Provider’s provision of the Third Party Services to a user, or from use of the Services generally;

    5. s/he shall furnish DYME with such written and oral reports/feedback in respect of the Third Party Services and/or Services as may be reasonably required by DYME from time to time;

    6. s/he shall exercise due care, diligence and skill in the provision of the Third Party Services;

    7. s/he shall exercise the utmost good faith in all of her/his dealings with DYME;

    8. s/he shall prioritise rendering of the Third Party Services above any other work or employment or contracts that s/he may undertake;

    9. s/he shall not contract with any person (including any client or any supplier) on behalf of DYME without the prior written consent of DYME in each instance;

    10. s/he shall not do anything or allow any act to be done which does or is likely to prejudice the good name and reputation of DYME;

    11. s/he shall not utilize any of DYME’s resources, apart from the Application and Services, to service her/his own clients or the clients of anyone but DYME;

    12. s/he shall not seek to circumvent DYME in any manner whatsoever in any of her/his dealings with any user of the Application and/or DYME; and

    13. s/he shall refer any client leads or commercial opportunities that s/he receives pursuant to this agreement to DYME.

  1. FEES AND CHARGES

    1. The Third Party Provider will receive their total purchase price paid for their Third Party Services rendered to, and from, the relevant user (“Charges”), by using the Services and/or the Application.

    2. Before the Third-Party receives their fees for rendering its Third Party Services to the user, DYME will retain [insert number]% (--) of the Charges, as a commission (“the Commission”) and [insert number]% (--) of the Charges, as a processing fee (“the Processing Fee”) for the Third Party Provider’s use of the Services and/or Application. The Fee will also be inclusive of any tax, as applicable. Collectively, these two fees make up the Fee described in clause 1.1.4 above.

    3. The balance of the Charges remaining after the Fee has been deducted from the Charges by DYME, will be paid to the Third Party Provider via [insert method and any account requirements – method, waiting time, specific days, etc.]

    4. It is the sole responsibility of the Third Party Provider to collect and pay any relevant, applicable income tax or taxes associated with advertising and selling its Third Party Services and/or using the Services and/or Application, including ensuring that any Charges represented to DYME or in the Application/Services, includes these taxes or fees.

  2. USE OF SUB-THIRD PARTY PROVIDERS

The Third Party Provider may not employ the services of a sub-Third Party Provider to carry out any of her/his obligations in terms of this agreement.

  1. SERVICE PERFORMANCE REVIEW

The parties shall conduct a quarterly review of the Third Party Services rendered by the Third Party Provider and of the performance of the Third Party Provider in terms of this agreement, from which review DYME shall be entitled to impose additional service level standards and requirements on the Third Party Provider in respect of the Third Party Services which shall be deemed to be incorporated herein on the giving by DYME of written notice to the Third Party Provider to such effect.

  1. LIABILITY

    1. The Third Party Provider understands that it shall be the sole party providing the Third Party Services to the users, and shall be liable to and hereby indemnifies DYME from and against any liability, loss, damage or claim arising from her/his breach of this agreement, her/his breach of any obligations imposed on her/him in law or otherwise from her/his intentional or negligent acts when rendering the Third Party Services (including, without limitation, any consequential losses).

    2. The Third Party Provider understands and agrees that is solely liable to the user for the completion and adherence by it of all consumer protection and other legislated rights which the user might accrue by virtue of its role in the transaction with a Third Party Provider. Further, the Third Party Provider warrants that it shall render the Third Party Services in accordance with all applicable legislation, for which it is solely responsible.

  2. FORCE MAJEURE

If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under this agreement, whether timeously or at all, due to an act of God (which for the purposes hereof shall mean war, political riots, civil commotions, insurrection, sabotage, legal prohibitions or restrictions, fire, floods, storms, earthquakes or other similar natural disasters), then such failure shall not constitute a breach under this agreement, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned thereby.

  1. TERMINATION

These Third Party Provider Terms shall terminate should:

    1. either party give the other party [insert] ([insert]) weeks’ written notice to such effect;

    2. the parties agree in writing to terminate this agreement;

    3. either party commit an instance of breach as contemplated in clause ‎13 below.

  1. BREACH

    1. Either party (“the innocent party”) shall have the right, at its election, to terminate this agreement forthwith by giving notice in writing to the other party (“the breaching party”) in the event that:

      1. on written notice to that effect by the innocent party should the breaching party commit any breach or permit the commission of any breach of any material obligation or warranty contained in this agreement and, in respect of such a breach capable of remedy, fail to remedy that breach within 5 (five) Business Days after the giving of written notice to that effect by the innocent party to the breaching party; or

      2. the breaching party repeatedly breaches any of the terms and/or conditions of this agreement in such a manner as to justify the innocent party in holding that the breaching party’s conduct is inconsistent with the intention or ability of the breaching party to carry out the provisions of this agreement.

    2. The cancellation of this agreement or exercising of any right conferred by this clause ‎13 shall be without prejudice to any claims hereunder then accrued or to any further or other rights or remedies of either party, whether under this agreement or otherwise in law, and whether for damages or otherwise.

  2. SPECIFIC PERFORMANCE

Save as expressly provided for in clauses ‎12 or ‎13 above, neither party shall be entitled to cancel this agreement and the parties’ remedies arising from a breach of any provision of this agreement shall be limited to a claim for relief of an interdictory nature, immediate and specific performance and/or payment of all of the defaulting party’s obligations in terms hereof, with or without a claim for damages.

  1. INTELLECTUAL PROPERTY RIGHTS

    1. For the purposes of this agreement (“intellectual property”) shall include, without limitation, DYME’s:

      1. trademarks, service marks, trade names, domain names, designs, and patents, in each case whether registered or unregistered and including applications for the grant of any of the foregoing;

      2. rights in know-how, confidential information, designs, trade secrets, utility models and petty patents;

      3. rights in respect of any new or existing compilation of any data or information not covered under any existing copyright;

      4. other intellectual property rights; and

      5. all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist in any country in the world.

    2. The Third Party Provider shall immediately disclose to DYME all intellectual property rights made or conceived by her/him, whether alone or in conjunction with others, in the course and scope of rendering the Third Party Services.

    3. To the extent that they do not vest automatically in DYME, the Third Party Provider hereby, free of consideration, unconditionally cedes and assigns to DYME all her/his rights in and to this intellectual property, which rights shall become and remain the sole property of DYME. It is further recorded that DYME shall be entitled to cede and assign all such rights to any other person without limitation.

    4. All such intellectual property shall be deemed, unless the Third Party Provider is able to establish the contrary, to have been conceived by her/him during the course and scope of the Appointment.

    5. DYME shall be entitled to dispose of any and all intellectual property rights in its sole discretion, anywhere in the world, without the payment of any additional consideration to the Third Party Provider.

    6. DYME may make application at its own expense for the registration of a patent for any such invention or for the registration of such design or trademark in the Republic of South Africa, or in any other country.

    7. The Third Party Provider shall, forthwith upon being called upon to do so, sign all documents and to do all things necessary, at the cost of DYME, so as to comply with all the legal formalities to enable DYME to take assignment of all such intellectual property that is created or comes into existence during the Appointment and to obtain or to record such intellectual property rights at any intellectual property registry in the world.

    8. The Third Party Provider shall from time to time, whether during the duration of this agreement or thereafter, upon request by DYME and at DYME’s expense, do all things which may be required to protect the rights of DYME in terms of this clause.

    9. Should the Third Party Provider fail to sign any cession, assignment or other required documents provided for in this clause and fail to hand them to DYME or its representative within 7 (seven) days after being called upon in writing to do so, then the Third Party Provider irrevocably and in rem suam appoints any director nominated by DYME, with power of substitution, as the agent of the Third Party Provider, to sign any cession, assignment or other required document on her/his behalf.

  2. COPYRIGHT

    1. The Third Party Provider acknowledges that DYME shall by operation of law become the owner of the copyright in any work which is eligible for copyright (including, without limitation, rights in computer software and databases and moral rights) and which is created or executed by the Third Party Provider, whether alone or with others, during the Appointment and/or during the duration of this agreement.

    2. Insofar as it may be necessary, the Third Party Provider cedes and assigns to DYME the copyright in any work created or executed by her/him, whether alone or with others, during the Appointment.

    3. All work created or executed by the Third Party Provider and for which copyright exists shall, unless the Third Party Provider establishes the contrary, be deemed to have been created or executed during the Appointment.

    4. The Third Party Provider shall, when called upon to do so, sign all documents and to do all things necessary to give effect to any cession and/or assignment of the copyright in a work to DYME.

  3. CONFIDENTIALITY

The Third Party Provider acknowledges that any information, documents, materials, knowledge, know-how, trade secrets, and proprietary interests vesting in and belonging to DYME and or an associated company, disclosed to the Third Party Provider, her/his employees and/or representatives at any time by or on behalf of DYME which is not in the public domain is confidential and may not be used or disclosed to any third party (whether during the negotiations preceding, during the course of and/or after the termination of this agreement) for any reason whatsoever save as may be strictly necessary for the due and effectual rendering of the Services or Third-Party Services.

  1. TRAINING

The Third Party Provider may be required to attend training workshops or development programs to improve her/his skills, knowledge and experience, from time to time. Attendance of these workshops will be at DYME’s discretion and expense.

  1. DYME POLICIES AND PROCEDURES

The Third Party Provider’s contract with DYME shall be subject to any and all DYME policies and procedures applicable from time to time. All such policies and procedures may be amended from time to time in the sole and absolute discretion of DYME.

  1. RESOURCES

    1. The Third Party Provider acknowledges and accepts that DYME’s resources, including but not limited to, the Services, servers, the Application, computers, workstations, monitors, printers, telefax machines, telephones, postal services, e-mail facilities and internet facilities (“the resources”) are for conducting DYME’s business.

    2. The Third Party Provider shall have no expectation of privacy in relation to the use of the resources provided by DYME.

    3. The Third Party Provider understands and accepts that DYME may, at its discretion, monitor the Third Party Provider’s use of the resources and intercept, acquire, read, view, inspect, record and/or review any and all communications created, stored, transmitted, spoken, sent, received or communicated by the Third Party Provider on, over or in the resources or otherwise. The Third Party Provider hereby consents to DYME doing so.

  2. SUPERSESSION

Unless expressly provided to the contrary in this agreement, this agreement cancels and supersedes all prior negotiations and agreements entered into between the parties relating to the matters set forth herein.

  1. DISPUTE RESOLUTION

    1. Should any dispute, disagreement or claim arise between the parties (“the dispute”) concerning these Third Party Provider terms, their termination and/or cancellation and/or rectification, the parties shall submit the dispute to final arbitration for resolution in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA utilising such expedited proceedings as may be available in terms of such rules.

    2. Any arbitration shall be held in [insert].

    3. Notwithstanding anything to the contrary contained in this clause ‎22, either party shall be entitled to apply for, and if successful, be granted, an interdict from any competent court having jurisdiction.

    4. For the purposes of clause ‎22.3 and for the purposes of having any award made by the arbitrator/s being made an order of the court, each of the parties hereby submits to the jurisdiction of the High Court of South Africa.

  2. ASSIGNMENT

Neither party shall cede, assign, transfer, makeover or encumber any of its rights or obligations under this agreement without the prior obtained written consent of the other party.

  1. NOTICES AND DOMICILIA

Each of the parties choose domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purposes arising from this agreement at their respective addresses set out on the cover page hereof.

  1. GENERAL

    1. Survival of Rights, Duties, and Obligations: Termination of this agreement for any cause whatsoever shall not release either party from any liability which at the time of termination has already accrued to the other or which thereafter may accrue in respect of any act or omission prior to such termination.

    2. Entire Agreement and Variation: No alteration, consensual cancellation, variation of, or addition to this agreement shall be of any force or effect unless reduced to writing and signed by both parties. This agreement contains the entire agreement between the parties and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.

    3. Further Assurance: The parties shall co-operate with each other and execute and deliver to the other of them such other instruments and documents and take such other actions as may be reasonably requested of either of the parties from time to time in order to carry out, evidence and confirm its rights and the intended purpose of this agreement.

    4. Indulgences: No indulgence, leniency or extension of time which any party (“the grantor”) may grant or show to the other shall operate as an estoppel or in any way prejudice the grantor or preclude the grantor from exercising any of its rights in the future.

    5. Governing law: This agreement shall be governed by and interpreted in accordance with the law of the Republic of South Africa.  All disputes, actions and other matters in connection with this agreement shall be determined in accordance with such law.

    6. Invalidity: Any provision of this Agreement which is held invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

    7. Severability: Each undertaking in this agreement shall be construed as a separate undertaking and if one or more of the undertakings contained in this agreement is found to be unenforceable or in any way unreasonable (including any restraint of trade) the remaining undertakings shall continue to bind the parties.  To the extent possible in any jurisdiction to which this agreement may apply or in which this agreement may be enforced, if any undertaking contained in this agreement is found to be void but would be valid if the period of application thereof were reduced or if some part of the undertaking were deleted, the undertaking in question shall apply with such modification as may be necessary to make it valid and effective.

    8. Reliance: Each of the parties acknowledges and agrees that in entering into this agreement and any documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this agreement as a warranty or representation. The only remedy available to it for breach of such warranties or representations shall be for breach of contract under the terms of this agreement. Nothing in this clause shall, however, operate to limit or exclude any liability for fraud.

    9. Cumulative Rights and Remedies: The rights and remedies of the parties under this agreement are cumulative and in addition to any rights and remedies provided by law.



ANNEXURE A: CONDITIONS AND STANDARDS OF PERFORMING THIRD-PARTY SERVICES

The following conditions and standards are required of all Third-Party Providers when rendering any Third Party Services to a user via the Services and/or Application. Please ensure that you have read and understood all of the below requirements, as they automatically apply from commencement of any Appointment.

Any failure by a Third Party Provider to adhere to any of the standards and conditions below, at any time, will automatically entitle DYME to terminate the Third Party Provider’s use of the Application and/or Services in line with clause 13 of the Third Party Terms above, and the Terms generally:

 

  1. Fundamental Values of DYME:

Understandably, it is very important that anyone associated with DYME represents us and engages with us in the best way possible, and to this end we require that you please adhere to these values when becoming part of our team:

[insert values]

 

  1. Standards relating to Products and Procedures used during the rendering of all Third Party Services by the Third Party Provider:

[insert what Third-Party Providers may, or may not, do]

 

  1. [Other standards or conditions required]