TERMS OF USE (USER) - ELLA APP

ELLA APP / ELLA TECHNOLOGY POLICY

These Terms of Use (“Terms”) govern your access and use, as an individual, within Brazil, of applications, Internet sites, content, goods and also services (the “Services”) provided by ELLA APP / ELLA TECNOLOGIA, legal entity under private law, headquartered at the UlbraTech incubator, Rua Itacolomi, nº 3600, São Vicente, Gravataí / RS, CEP 94170-240.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES

By accessing and using the Services you agree to these terms and conditions, which establish the contractual relationship between you and ELLA APP / ELLA TECNOLOGIA. If you do not agree with these Terms, you cannot access or use the Services. Upon said access and use, these Terms immediately terminate, replace and exceed all agreements. ELLA APP / ELLA TECNOLOGIA may immediately terminate these Terms or any Services in relation to you or, in general, stop offering or denying access to the Services or any part of them, at any time and for any reason.

Additional terms may apply to certain Services, such as conditions for a particular event, activity or promotion, and these Additional Terms will be disclosed in connection with the respective Services. Additional terms are complementary and are considered an integral part of these Terms for the purposes of the respective Services. Additional terms will prevail over these Terms in the event of a conflict with respect to said Services.

ELLA APP / ELLA TECNOLOGIA may change the Terms relating to the Services at any time. Amendments will take effect when ELLA APP / ELLA TECNOLOGIA posts the updated version of the Terms on this site or the updated conditions or Additional Terms on the respective Service. The fact that you continue to access or use the Services after this posting represents your consent to be bound by the amended Terms.

 

USER ACCOUNTS

To use most of the Services, you must register and maintain a personal Services user account (“Account”) . You must be at least 18 years of age or the age of majority required by law in your jurisdiction (if different from 18) to open an Account. Account registration requires that you submit certain personal information to ELLA APP / ELLA TECNOLOGIA, such as your name, address, cell phone number and age, as well as at least one valid payment method (credit card or payment partner accepted) . You agree to maintain correct, complete and updated information in your Account. If you do not maintain correct, complete and up-to-date information in your Account, including if the informed payment method is invalid or expired, you may be unable to access and use the Services or ELLA APP / ELLA TECNOLOGIA may resolve these Terms . You are responsible for all activities carried out on your Account and agree to maintain the security and confidentiality of your Account username and password at all times. Unless otherwise permitted by ELLA APP / ELLA TECNOLOGIA in writing, you may maintain only one Account.

The Service is not available for use by individuals under the age of 18. You will not be able to authorize third parties to use your Account, you will not be able to allow persons under the age of 18 to receive transport or logistics services from Third Party Providers, unless they are in your company. You may not assign, or otherwise transfer, your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and that you may only use the Services for legitimate purposes. You may not, when using the Services, cause inconvenience, annoyance, inconvenience or damage to the property of Third Party Providers or any other third party. In certain situations, 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.

CANCELLATION BEFORE, DURING AND AFTER SERVICE PROVISION

There are three types of cancellation available, from which the user unconditionally accepts the following conditions:

Prior cancellation: Prior cancellation occurs during the first 24 hours after requesting services. In this case, the amount is fully refunded, provided that the services have been requested at least 192 hours in advance. In case the services have been canceled and the schedule is less than 192 hours, there will be a fee for scheduling in the proportion of 30% of the total of the canceled services.

Cancellation during attendance: In-person cancellation occurs in the period when the professional is available at the place of provision of services available to the client. In this case, if there is partial provision of services, there will be a refund of 20% for services that have not yet been provided; and, in the event that no service has been provided, the refund rate will be 25% of the total services requested.

Subsequent cancellation: Subsequent cancellation occurs when the customer gives up on the provision of services that were entirely provided. In this case, there will be full collection of the products used, travel expenses and, still, scheduling fee, in the form of article 49 of the Consumer Protection Code.

 

PAYMENT

You understand that the services or goods you receive from a Third Party Provider, contracted through the Services, may be charged (“Price”) . After you have received services or goods obtained through the use of the Service, ELLA APP / ELLA TECNOLOGIA will facilitate the payment of the respective Price on behalf of the Third Party Provider as a limited collection agent for that Third Party Provider. Payment of the Price made in this way will be considered payment made directly by you to the Third Party Provider. The price will include all taxes required by law. The total price is due and must be paid immediately after providing the service; or delivery of the good; payment will be facilitated by ELLA APP / ELLA TECNOLOGIA using the payment method indicated in your User Account, after which ELLA APP / ELLA TECNOLOGIA will send you a receipt by email. If it is found that the payment method indicated in the Account has expired, is invalid or cannot be charged, you agree that ELLA APP / ELLA TECNOLOGIA may, as a limited collection agent for the Third Party Provider, use a secondary collection method in the Account, if any. In the relationship between you and ELLA APP / ELLA TECNOLOGIA, ELLA APP / ELLA TECNOLOGIA reserves the right to establish, remove and / or revise the Price for all services or goods obtained through the use of the Services at any time , at the sole discretion of ELLA APP / ELLA TECNOLOGIA. In addition, you acknowledge and agree that the Price applicable in certain geographic areas may (i) include charges, fees, fees, taxes and / or government contributions due on your behalf, including toll fees or airport charges, depending on the route taken by the Third Party Provider, the place of origin and / or destination of the trip or, and applicable legislation and, (ii) substantially increase when the service offer by the Third Party Providers is less than the demand for said services. Payment of fees, taxes and / or government contributions will be your responsibility and you will reimburse the Third Party Provider and / or ELLA APP / ELLA TECNOLOGIA for all tariffs, fees, taxes and / or government contributions paid on your behalf. For more details on the price increase due to a substantial increase in demand. ELLA APP / ELLA TECNOLOGIA will use reasonable efforts to inform you of the Prices that may apply, and it is certain that you will be responsible for paying the Prices posted to your Account regardless of whether you are aware of these Prices or their values. ELLA APP / ELLA TECNOLOGIA may, at any time, provide certain users with promotional offers and discounts that may result in different amounts charged for Services that are the same or similar to others obtained through the use of the Services, and you you agree that these promotional offers and discounts, unless also offered to you, will have no influence on the Prices applied. You may choose to cancel your request for services or goods from a Third Party Provider at any time prior to the arrival of that Third Party Provider, in which case a cancellation fee may apply.

This payment structure is intended to fully remunerate Third Party Providers for the services or goods provided. ELLA APP / ELLA TECNOLOGIA does not indicate any portion of the payment as a tip or bonus to Third Party Providers. Any statement by ELLA APP / ELLA TECNOLOGIA that tips are "voluntary", "not mandatory" and / or "not included" in the payment you make for services or goods provided is not intended to suggest that ELLA APP / ELLA TECNOLOGIA offers values additional to those described above to Third Party Providers. You understand and agree that, although you are free to make additional payments as a tip to any Third Party Providers that provide services or goods through the Services, you are under no obligation to do so. Tips are voluntary. After receiving the services or goods obtained through the Services, you will have the opportunity to evaluate your experience and make additional comments about the Third Party Provider.

 

DEADLINES

In the case of a credit card, the credit of the refunded amount will take place in about 5 business days, and if the card bill closes in this period, the credit will enter the invoice for the month following the chargeback.

PROMOTIONAL CODES

ELLA APP / ELLA TECNOLOGIA may, at its sole discretion, create promotional codes that may be redeemed for credit to the Account or other characteristics or benefits related to the Services and / or the Services of Third Party Providers, subject to any additional conditions that ELLA APP / ELLA TECNOLOGIA establish for each of the promotional codes (“Promotional Codes”) . You agree that Promotional Codes: (i) must be used legally for the purpose and the audience for which they are intended; (ii) must not be duplicated, in any way sold, transferred or made available to the general public (either through posting to the public or any other method), unless expressly permitted by ELLA APP / ELLA TECNOLOGIA; (iii) may be disabled by ELLA APP / ELLA TECNOLOGIA at any time for legally legitimate reasons, without any liability to ELLA APP / ELLA TECNOLOGIA resulting therefrom; (iv) may only be used in accordance with the specific conditions that ELLA APP / ELLA TECNOLOGIA establishes for these Promotional Code; (v) are not valid as money; and (vi) may expire before being used. ELLA APP / ELLA TECNOLOGIA reserves the right to retain or deduct credits or other features or benefits obtained through the use of the Promotional Codes by you or another user, should ELLA APP / ELLA TECNOLOGIA learn or believe that the use or redemption of the Promotional Code was made with error, fraud, illegality or violation of the conditions of the respective Promotional Code.

 

CONTENT PROVIDED BY USER (A)

ELLA APP / ELLA TECNOLOGIA may, in its sole discretion, allow you or anyone to submit, upload, publish or, in any way, make available to ELLA APP / ELLA TECNOLOGIA through the Services, content, text and audio information or video, including comments and feedbacks related to the Services, initiating support requests and registering for contests and promotions (“User Content (a) "). Any User Content provided by you remains your property. However, by providing User Content (a) to ELLA APP / ELLA TECNOLOGIA, you grant ELLA APP / ELLA TECNOLOGIA and its affiliates a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use , copy, modify, create derivative works, distribute, publish, display, perform in public and, in any other way, exploit this User Content (a) in all formats and distribution channels uition known or developed in the future (including in connection with the Services and the business of ELLA APP / ELLA TECNOLOGIA and on third party websites and Services), without further notice to you or your consent, and without the need for payment to you or to any other person or entity.

You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or have all the rights, licenses, consents and releases necessary to grant to ELLA APP / ELLA TECNOLOGIA the license for User Content (a) above; and (ii) neither the User Content (a) nor its presentation, upload, publication or other way of making such User Content available (a) nor the use of the User Content (a) by ELLA APP / ELLA TECNOLOGIA as herein permitted will infringe, constitute misappropriation or violate third party intellectual property or property rights (a), or publicity or privacy rights and will not result in a violation of any applicable law or regulation.

You agree not to provide User Content (a) that is defamatory, libelous, libelous, violent, obscene, pornographic, illegal or otherwise offensive, as determined by ELLA APP / ELLA TECNOLOGIA at your sole discretion, whether or not that material protected by law. ELLA APP / ELLA TECNOLOGIA may, but is not obliged to, analyze, monitor or remove User Content (a), at the sole discretion of ELLA APP / ELLA TECNOLOGIA, at any time and for any reason, without any notice to you.

 

INDEMNITY

You agree to indemnify and maintain ELLA APP / ELLA TECNOLOGIA, its directors, directors, employees and agents exempt from liability for any and all claims, charges, losses, liabilities and expenses ( including attorney's fees) arising from or related to: (i) the use of the Services, services or goods obtained through the use of the Services; (ii) breach or violation of any provision of these Terms; (iii) the use, by ELLA APP / ELLA TECNOLOGIA, of User Content (a); or (iv) violation of the rights of third parties, including Third Party Providers.

 

REPAIR OR CLEANING RATE

You will be responsible for the costs of repairing damages or for cleaning the material of Third Party Providers resulting from the use of the Services through your Account that exceed the natural damages resulting from the use (“Repairs or Cleaning”) . If a Third Party Provider reports the need for Repairs or Cleaning and this request for Repairs or Cleaning is confirmed by ELLA APP / ELLA TECNOLOGIA, at the reasonable discretion of ELLA APP / ELLA TECNOLOGIA, ELLA APP / ELLA TECNOLOGIA reserves the right to facilitate payment of such Repairs or Cleaning on behalf of the Third Party Provider using the payment method indicated in your Account. These amounts will be transferred by ELLA APP / ELLA TECNOLOGIA to the respective Third Party Provider and will not be refundable.

 

APPLICABLE LEGISLATION; JURISDICTION

These Terms will be governed and interpreted exclusively in accordance with the laws of Brazil. Any claim, conflict or controversy that arises from this contract or related to it, including with respect to its validity, interpretation or enforceability, will be resolved exclusively by the courts in your jurisdiction.

 

DEADLINES

In the case of a credit card, the credit of the refunded amount will take place in about 5 business days, and if the card bill closes in this period, the credit will enter the invoice for the month following the chargeback.

CORRESPONDENCE

ELLA APP / ELLA TECNOLOGIA may send notices through general notifications on the Services, electronic mail to your e-mail address in your Account, or by written communication sent to the address indicated in your Account. You can notify ELLA APP / ELLA TECNOLOGIA through the Application or make written communication to the address of ELLA APP / ELLA TECNOLOGIA at Rua Itacolomi, nº 3600, São Vicente, Gravataí / RS, CEP 94170-240, Brazil. Questions, suggestions and praise, please contact directly by official email: contato@ellaapp.net

ABOUT THE APPLICATION

This is Version n. 1.0.0 of the ELLA APP OF BEAUTY.