TERMS & CONDITIONS OF USE & PRIVACY POLICY

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE AND/OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE AND/OR IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE.

These terms and conditions of use (“Terms, terms and conditions”) serve as the terms and conditions of use and privacy policy of The Stylista (Pty) Ltd website and/or mobile application (“The Stylista, us, our, we") as well as any customer profile created by you arising out of your use of the Website and/or mobile application.

At The Stylista we respect the privacy of our users (“user, you, your"). Below are the terms & conditions of how we at The Stylista collect and use a member’s personal information.

The user agrees to use The Stylista (“website, Website, site, mobile application”), its services, content and terms and conditions in accordance with the law and public order. It is compulsory to use The Stylista in a proper and lawful way.

SERVICE DESCRIPTION

The Stylista is a social network for fashion whereby users upload and share their own personal styles and photos and interact with other users. Users may only upload images that are associated with fashion related content.
The services available on The Stylista are free of charge to users.

The Stylista is not available to individuals who are younger than 13 years of age.

The Stylista may, in its sole discretion refuse to offer its services to any person and change its eligibility criteria at any time.

ELIGIBILITY

The Stylista is open to individuals who are 13 years and older. It is accessible to people both locally and internationally. You may not use this Website and/or mobile application in violation of South African export laws and regulations. If you access this Website and/or mobile application from locations outside of South Africa, you are responsible for compliance with all local laws.

REGISTRATION AND DATA COLLECTION

We may collect certain of your personal and other information on and or through using our website and/or mobile application on or through signing up.

If you access The Stylista through your Facebook account you allow The Stylista to access basic information and/or information provided by you at any given time. Such information includes but is not limited to your profile information, first name, last name, e-mail address, location Profile picture, Gender and Facebook ID. If agreed to by you through the Facebook sign-up process you so agree, The Stylista can post on your wall on behalf of you. If you choose not to agree, you can sign-up to The Stylista through other means such as Twitter and/or directly on website, using The Stylista sign-up form.

If you choose to sign-up via Twitter, you allow The Stylista to read your Tweets, see who you are following and post tweets on your behalf.

If you choose to sign-up directly on The Stylista sign-up form you will be required to provide The Stylista with the information displayed on the initial sign-up page including your personal information such as name, surname, e-mail address, contact information, gender and age. We collect this personal information in order to ensure we deliver the best possible service to you and that we can contact you for reasons including competition draws, third party and brand contact as well as to improve the use of our services for you the user.

The Stylista will not give personal data that you the User has provided, to any third party, except where you have agreed to the sharing of such information or in such instances that we are legally obliged to do so. SHOULD YOU CHOOSE TO POST/PUBLISH INFORMATION ON OUR SITE AND/OR MOBILE APPLICATION AFTER YOU HAVE CREATED YOUR ACCOUNT YOU UNDERSTAND AND ACKNOWLEDGE THAT THIRD PARTIES MAY SHARE/ RE-PUBLISH SUCH INFORMATION ON A VARIETY OF PLATFORMS SUCH AS TWITTER, FACEBOOK, PINTEREST AND OTHER SUCH SOCIAL SHARING NETWORKS. Please see our disclaimer for liability in the paragraphs below relating to such posts/ publications.

To exercise your rights of access, rectification, opposition or cancellation, please email The Stylista at info@thestylista.co.za. Please also see paragraphs below relating to Deletion or closing of your account should you wish to do so.

It is possible that data provided to The Stylista is stored in search engines such as but not limited to Google and The Stylista is not held responsible and is excluded for all liability for any information exposed by the search engines.

In order for The Stylista to stay in touch with users and keep users informed, The Stylista partakes in social networks such as Facebook, Twitter and Pinterest, therefore it is possible for an image to be viewed through these social networks using the links to The Stylista shown in the pictures uploaded.

USE OF THE STYLISTA SERVICE

The user owns all content and information the user posts on The Stylista. The user ensures they are not infringing any copyright and/or intellectual property rights of a 3rd party by posting such information. The user is personally responsible for all information uploaded to their personal profile and the legitimacy of it.

The User agrees not to:

  1. Use a false name or identity or a name or identity that a user is not authorized to use;
  2. Use or post/publish content that embarrasses, threatens or harasses any other person;
  3. Use or post/publish content that includes sexually explicit photographs or other content, which is offensive or harmful to any minor or adult;
  4. Use or post/publish content that promotes actions, attitudes or thoughts on discrimination because of a person’s race, national origin, religion, ethnicity, gender, sexual orientation, disability, age or other condition;
  5. Use or post/publish content that promotes criminal, or violent actions contrary to the law and generally accepted principles of public order;
  6. Use or post/publish content that contains any unsolicited advertising, or promotional materials;
  7. Use or post/publish content that violates any law or government regulation;
  8. Use or post/publish content that may infringe the intellectual property rights of third parties without the User obtaining the owner’s consent to carry out their use;
  9. Use or post/publish content that distributes software or other content in violation of any license agreement;
  10. Use or post/publish content that contains viruses that may damage the normal operation of the website, network, system, or computer equipment of The Stylista, third parties, or other Users.
  11. Access content using programs, facilities or procedures other than the ones at their disposal for this purpose;
  12. Collect, harvest or otherwise obtain Personal Information, as this term is defined in the Promotion of Access to Information Act 2 of 2000 (as amended), relating to other users;
  13. Create, store and/or send unsolicited commercial communications;
  14. Conduct any fraudulent activity including any “pyramid scheme”, “ponzi scheme” or “chain letter”;
  15. Violate any operating rule, regulation, procedure, policy or guideline of The Stylista as published on The Stylista website and/or mobile application;
  16. Copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, distribute, lease, license, sub-license, encumber or in any other way deal with any portion of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
  17. Decompile, disassemble or reverse engineer any portion of the Website and/or mobile application;
  18. Collect service listings, descriptions or other information displayed on the Website and/or mobile application;
  19. Write and/or develop any derivative of the Website or any other software program based on the Website and/or mobile application;
  20. Adapt, modify or enhance the Website and/or mobile application. In the event of a user effecting any adaptation(s), modification(s) or enhancement(s) to the Website and/or mobile application in breach of this clause, such adaptation(s), modification(s) and enhancement(s) shall vest exclusively in The Stylista and such user hereby assigns all rights in and to, and waives any and all claim, interest, moral and other rights in and to, such adaptation(s), modification(s) and enhancement(s), which assignment The Stylista accepts;
  21. Without The Stylista’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website and/or mobile application to persons other than the user;
  22. Remove any identification, trade mark, copyright or other notices from the Website and/or any personalized item, it being specifically recorded, acknowledged and agreed that trademarks proprietary to or licensed to The Stylista will automatically be incorporated in all user profiles;
  23. Establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively “linking”), to the Website and/or mobile application or any subsidiary pages;
  24. Use the Website and/or mobile application or any personalized item to transfer files that contain viruses, Trojans, bombs, time-locks, phishing programs or other harmful programs;
  25. Penetrate or attempt to penetrate the Website’s and/or mobile application security measures.

The Stylista does not make any representations or give any warranties, whether express or implied, in respect of the applications and/or any information, data and/or content provided on this Website and/or mobile application including without limitation, any representations or warrantiesas to the accuracy, completeness reliability, performance, satisfactory quality, fitness for a particular purpose of any information, data and/or content on the Website and/or mobile application, including without limitation The Stylista does not warrant that the Website and/or mobile application information or downloads will be free from errors or omissions or that they shall meet any particular criteria of performance or quality.

SHARING ON SOCIAL NETWORKS

The main purpose of The Stylista is the sharing of looks and styles with other street style lovers, as well as assisting user’s in being discovered and promoted by people interested in fashion. Therefore, uploading images to The Stylista and sharing them on social networks, blogs, other websites and mobile applications, as well as in other media, is fundamental to the objective of The Stylista website and/or mobile application. Please read our frequently asked questions ("FAQ’s") for more information on how to use our Website and/or mobile application.

USERS MUST THEREFORE BE AWARE THAT WHEN POSTING YOUR PICTURES AND/OR INFORMATION ON OUR SITE THROUGH ANY METHOD, YOU ARE GIVING ACCESS TO THIRD PARTIES WHO MAY VIEW YOUR PROFILE AND INFORMATION, OR EVEN PUBLISH IT AND SHARE ITS CONTENT ON OTHER WEBSITES, BLOGS AND/OR SOCIAL NETWORKS. The Stylista is not responsible for the privacy practices or content of these third party websites or software.

A user understands that if they post their photo on an external site, the photo must link back to its profile page on The Stylista for the picture to show up on their account. The pictures posted by Users can be removed at any time. All information and photographs provided by the User on The Stylista will be removed when the User removes him/herself from the Stylista Website and/or mobile application. The publication of photographs showing people other than the User is prohibited.

As the user is held liable for the information they upload on The Stylista, the user guarantees that they are posting as per the terms herein and further that he/she owns the rights to the Intellectual Property ("IP") that is provided to The Stylista, including copyright (including photographs), trademark, design, trade secrets and any other such IP. Through the publishing or posting of such information to their account, the user gives The Stylista a non-exclusive license for free, to use, copy, display and distribute any IP content through the Website and other mobile applications. This license allows The Stylista to enable users “posts/published articles” to be available to fashion and street style lovers (nationally and internationally), so that they can gain fashion inspiration from these “styles”. The user remains the sole owner of this content which can be deleted easily, at any given time. The license expires when the IP content or the user’s account is deleted.

DISCLAIMER OF OUR LIABILITY FOR THE USE OF THE STYLISTA

THE STYLISTA CANNOT CONTROL NOR BE HELD LIABLE FOR THE TRUTHFULNESS, ACCURACY, COMPLETENESS RELIABILITY, PERFORMANCE, SATISFACTORY QUALITY, FITNESS AND LEGALITY OF THE INFORMATION AND CONTENT YOU UPLOAD. WE FURTHER DO NOT ACCEPT RESPONSIBILITY AND MAY NOT BE HELD LIABLE FOR THE INFORMATION PUBLISHED ON THE SITE BY A USER. If it comes to our attention that a user is abusing the site by posting information listed above including unlawful information that may be harmful; degrading; defamatory; pornographic or the like, or such information that may infringe on any of these terms and conditions such as the uploading of protected information under any legislation or information that infringes intellectual property rights of a third party, The Stylista will be enttled, in its discretion, to immediately withdraw the user's account and reserves the right to report such abuse to the relevant authorities.

Should you become aware of another user infringing any of these terms and conditions including the publishing of harmful or unlawful information and or infringing your rights of that of a third party please report this information immediately to us on info@stylista.co.za. We will remove offensive, defamatory or offensive comments or content once we are aware of the existence of such content. Should you become aware of a user posting such info please report this to info@stylistsa.co.za.

The Stylista requires that users agree to these end user license agreement terms ("EULA") and these terms make it clear that there is no tolerance for objectionable content.
The Stylista has provided users with an option to flag/report any objectionable content that is inappropriate and offensive.  The Stylista will act with regard to objectionable content reports and will act within 24 hours by removing the offending content.  The determination of whether content is objectionable or offensive will be in the sole discretion of the The Stylista.

The Stylista will eject from the further use of the website, any users who violate The Stylista’s terms and conditions.

The Stylista is further in no way responsible or liable for the content or views expressed by a User on the website or mobile application. We also do not guarantee that other users use the services and content in compliance with the these terms. We further do not guarantee the accuracy of the information that users provide about themselves on their profile. We cannot be held liable and or further we exclude any liability for damages of any kind that may result from the use of services and content by users that may be due to lack of accuracy, validity or authenticity of the information that users provide to us, in particular but not limited to, for damages of any kind that may be due to the impersonation of a third party by a User in using the services provided through our website and/or mobile application or the re-posting of such information on a third party service by users as well as people not belonging to the website.

The Stylista reserves the right to withdraw from The Stylista website and/or mobile application, all the content that is inconsistent with these Terms and Conditions and/or current legislation. In no event shall The Stylista be required to justify the removal of content from The Stylista and The Stylista shall not attract any liability whatsoever in doing so. The Stylista reserves the right to remove any content that may be regarded as a joke, mockery or parody of third parties. INTELLECTUAL PROPERTY, including all trademarks, trade names, logos and logotypes that appear on The Stylista are property of The Stylista or third parties. Content that is the Intellectual Property of The Stylista or third parties may not be understood as being granted to the User. The only intellectual property rights that are permitted to the User are those that are inherent in using the services of The Stylista. In any case commercial use is prohibited.

CLOSING AND DELETION OF YOUR ACCOUNT

SHOULD YOU WISH TO CLOSE YOUR ACCOUNT, YOU MAY DO SO AT ANY TIME BY CHOOSING THE DELETE PROFILE OPTION IN THE EDIT PROFILE SECTION. SHOULD YOU CHOOSE TO DO SO, YOU UNDERSTAND THAT ALL INFORMATION YOU HAVE ADDED, DURING REGISTRATION TO DATE OF DELETION, INCLUDING ALL PICTURES, COMMENTS AND INFORMATION ASSOCIATED WITH YOUR ACCOUNT WILL ALSO BE DELETED. IT IS IMPORTANT TO NOTE THAT THIS INFORMATION WILL NOT BE RECOVERABLE AFTER CHOOSING TO DELETE YOUR ACCOUNT.

You shall no longer receive any further communications from The Stylista when you close your account. You will only receive communications from third parties to whom you have given your permission to contact you. You will need to unsubscribe from sponsor communications programs directly with each third party.

We reserve the right to delete any account for any of the following reasons.  The reasons below are not intended to be an exhaustive list and there may be other reasons for us to delete an account:

  1. Users who provide false information;
  2. Users who spread false accusations and slanderous comments about The Stylista;
  3. Users who purposefully try to harm The Stylista website and/or mobile application and act maliciously while logged in;
  4. Users who infringe or go against any of the terms and conditions.

Once your account is deleted, all information you have added, during registration to date of deletion, including all pictures, comments and information associated with your account is also deleted. It is important to note that this information will not be recoverable after choosing to delete your account or if we delete it.

WARRANTIES, DISCLAIMERS AND LIABILITY

The Stylista does not guarantee the availability and continued operation of its services. Whenever possible, The Stylista provides warnings prior to disturbances that might occur in the functions of the site and its services.

Users understand and agree that use of The Stylista and its services is at their own discretion and the user will be solely responsible for any damages that arise from such use.

The Stylista its officers, affiliates, shareholders, directors, agents, consultants or employees shall not be liable for any direct, indirect, special, secondary, consequential or corrective damages of any kind, or damages that may relate to use, misuse, reliance on, inability to use and interruption, suspension or termination of the site that may be owing to lack of accessibility or continued function of The Stylista and its services or to the failures in access to different web pages that constitute The Stylista.

The Stylista is not liable for and does not guarantee the absence of viruses or other features in the services provided by third parties through The Stylista that may cause modifications in the User’s computer system.

The Stylista does not guarantee the accuracy of the information that you or other users provide about themselves on their profile.

We are in no way responsible for the content you choose to post on your account and should this content infringe any rights of a third party (Including Intellectual Property, civil and or criminal) and/or cause a third party damages in anyway, we will on notification of such infringement immediately be entitled, in our discretion, to suspend and/or cancel your account. We shall in no way be held liable and thereby exclude our liability in total (as stated above) for any actions arising out of posts or re-posts by any person and/or user including but not limited to actions for damages, loss, consequential loss and/or any criminal and or civil sanctions arising directly and/or indirectly to these third parties, for any “re-posting” of such information by any other third parties or by yourself, of any information and you accept sole responsibility for any and all damages and/or harm arising out of posts you make on the website, including but not limited to any criminal and or delictual actions arising out of any posts and/or reposts.  You hereby indemnify us and our officers, affiliates, shareholders, directors, agents, consultants or employees fully for any claims that may be made against The Stylista and its officers, affiliates, shareholders, directors, agents, consultants or employees arising out of the aforegoing. 

This Website and/or mobile application is controlled, operated and administered from The Stylista's offices within the Republic of South Africa and therefore makes no representations that the content of the Website is appropriate or available for use in other locations or countries. You may not use this Website and/or mobile application in violation of South African export laws and regulations. If you access this Website and/or mobile application from locations outside of South Africa, you are responsible for compliance with all local laws.

PRIVACY POLICY

The Stylista is focused on protecting the personal data of its users. In the user registration process, a user must choose a password. Each user is responsible for maintaining the confidentiality of their password. The user agrees to notify The Stylista as soon as possible with the unauthorized use of his/her username and/or password or any other breach of security. The Stylista shall not be held liable for any damage or loss associated with non-fulfillment of this obligation on the user's part.

TRANS-BORDER TRANSMISSION

When you visit our website or use our services, you may submit personal information to us. Personal information collected or processed by us is stored on our servers, which are located in the United Kingdom. By submitting personal information on our website and/or mobile application or to your account, you explicitly consent to trans-border transmission of the information.

SECURITY

We have implemented generally accepted standards of technology and operational security in order to protect personal information from loss, misuse, alteration or destruction. Our policy is to use secure socket layer technology in order to protect information submitted through our website and to your account.

COOKIES

Cookies are small text files stored by a user’s browser on their computer when they visit a website. The cookies that can be used on the web are only associated with the browser of a specific computer and do not provide any personal information of the user. Cookies are used for internal purposes only. The Stylista uses cookies to improve the website and make it easier to use. Cookies allow The Stylista to recognize a user and to prevent repetitive requests for the same information. Most browsers will accept cookies until a user changes its browser settings to refuse them. A User may change its browser's settings to refuse The Stylista cookies.

DISCLOSURES REQUIRED BY LAW

The Stylista reserves the right to disclose a User’s personal information when it believes that an applicable law, regulation, or legal process requires it, or when The Stylista believes disclosure is necessary to protect The Stylista's rights or the rights of another user.

The Stylista owns The Stylista site and The Stylista mobile applications.

ADVERTISING AND COMMUNICATION FROM THE STYLISTA AND THIRD PARTIES

The Stylista may use your information and contact data, as voluntarily submitted by you on registration and/or through your use of the website, in order to send you own or third-party communication that may be of interest to you, the user. The Stylista will send you such direct communication about the services of other companies:

  1. In the sectors of entertainment, fashion, and consumer goods only;
  2. Only in the event that you have requested the sending of advertising by checking the appropriate boxes and replying to relevant mails; and
  3. Subscribing to our newsletter services on registration.

In order to provide offers, products or services of your interest, we will proceed to analyze the information provided by you in your profile to provide information only in accordance with your interests. The agreement to receive such communication implies your consent for the processing and analysis of the data you provided in your profile.

It is noted that you may modify the sending of The Stylista commercial communications by unsubscribing to this via the communication platform or through your online account whereby you may control sending, or cancel or apply, by emailing to info@thestylista.co.za. This analysis of your profile will not occur if you do not agree to receive advertising.

INTELLECTUAL PROPERTY RIGHTS OF THE STYLISTA

The Stylista site, mobile applications, their properties including but not limited to their trademarks, logo, copyright which includes but is in no way limited to source code, design, software, algorithms and any patents are owned by The Stylista as their Intellectual property and The Stylista has full ownership rights to such property. The use of Intellectual Property of The Stylista or third parties may not be interpreted as anything other than right of use being granted to the User. The only intellectual property rights that are permitted to the User are inherent in using the services of The Stylista. Commercial use of intellectual property belonging to The Stylista is strictly prohibited.

COPYRIGHT INFRINGEMENT NOTIFICATION

To file a copyright infringement notification with us, please send us an email containing the following requirements:

  1. The URL of the alleged content;
  2. Identification of the copyrighted work claimed to have been infringed, including the name of the person/company/party holding the copyright, or the name of the person/company/party that has been authorized to represent the holder of the copyright;
  3. An e-mail address, under the agreement to allow The Stylista service provider to disclose to the person who posted the work, as an efficient mode of contact between the parties toward settlement;
  4. A statement of faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information in the notification is accurate, that the claim is not deceptive or false, that the person claiming the deletion of the alleged work is the holder of the copyright, or an authorized representative with the right to act on behalf of the exclusive right.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by email to info@thestylista.co.za. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose.

Notice shall be deemed given 48 (forty eight) hours after email is sent, unless the sending party is notified that the email address is invalid.

You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”.

CONTACT INFORMATION

Should you have any complaints about any aspect of the Website and/or mobile application or if you have any questions or would otherwise like to provide any other feedback please contact The Stylista via email:

General Contact: info@thestylista.co.za

Support queries: info@thestylista.co.za

Advertising queries: marketing@thestylista.co.za

LAST UPDATED: SEPTEMBER 2015