Terms & Conditions

1.1. “Heyluno”, “we”, “our”, and/or “us” refers to the owner and operator of the software application, Heyluno (Pty) Ltd a private limited company registered under the South African Companies Act 71 of 2008 with registration 2022/ 854858/07.

1.2. “Platforms” refers to the website Heyluno and client portal.

1.3. “Customer”, “you”, “your” and/or “user” refers to anyone who has registered to use the Heyluno software application.

1.4. “Booking” refers to the car wash appointment made by a user on the Heyluno software application.

1.5. “Business days” refers to days during the week Monday, Tuesday, Wednesday, Thursday and Friday.

1.6. “POPIA” refers to the Protection of Personal Information of South Africa, more about it here POPIA ACT

1.7. “Personal Information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.

1.8. “Minor” refers to any natural person under the age of 18.

2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Heyluno to explain it to you before you accept the Terms and Conditions or continue using our platforms.

2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Heyluno in terms of the CPA.

Registering an account on Heyluno client portal constitutes your agreement to be bound by these Terms and Conditions, which establishes a contractual relationship between you and Heyluno. If you do not agree to these Terms, you may not register a user account on Heyluno client portal.

4.1. To use the service, a user is required to register an account on the client portal. The user must be at least 18 years old to register an account. Minors are not allowed on our platforms.

4.2. The following information will be required from the user to complete registration, phone number, email address, password, first name and last name.

4.3. You warrant that the information you have provided is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

5.1. Users are required to be of at least the age of 18 to register an account on the client portal, no minors are allowed.

5.2. You agree that you will not in any way use any device, software or another instrument to interfere or attempt to interfere with the proper working of our platforms. You may use the App only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use our platfomrs and/or the information contained therein without the express prior written consent of an authorised Heyluno representative.

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

5.4. You may not use our platforms to distribute defamatory material, offensive, contains or amounts to hate speech or is otherwise unlawful.

6.1. Heyluno cannot guarantee provision of requested services upon receipt of the application.

6.2. Heyluno will not be held liable for any downtime of services resulting from matters outside of its control. We provide a best effort service managed by highly competent technical staff.

6.3. Heyluno will not be held liable for downtime enountered as a result of misconfiguration of services (by the client), and/or deletion or corruption of files necessary for correct functioning of these services (by the client).

6.4. Heyluno reserves the right to terminate a particular service offering after a 30 day notice period.

6.5. Heyluno reserves the right to suspend services for which there are outstanding fees past the payment due date for these services.

6.6. Heyluno will not accept any liability or responsibility for any downtime encountered as a result of service suspension/termination due to unpaid accounts.

6.7. Heyluno will not accept any liability or responsibility for delays, suspensions or impact to services due to use of non-approved payment methods by clients.

8.1. Heyluno will accept the following payment methods: Credit/Debit Card, Bank Transfer (EFT), Debit orders, ATM cash deposits

8.2. Where payment is made by credit card, we may require additional information to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned Heyluno or under Heyluno’s control, and for which you acknowledge Heyluno is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Heyluno store your credit card details (save for the last four digits for payment purposes). We are entitled to withhold processing the bookings until the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your booking will be cancelled.

8.3. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges.

8.1. By accepting these terms, the client hereby authorizes Heyluno to debit their nominated bank account or Visa/Mastercard any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter at the beginning of each month (or on signup entirely for purchase of non-service products). This sum being the amount for settlement of the monthly amount due by the client in respect of services or products.

8.2. The client authorises Heyluno's nominated agent to debit their bank account or Visa/Mastercard on Heyluno's behalf (the "authorized party"). The debit authority will remain in force until such services or products are cancelled, subject to the condition that client agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.

8.3. The client agrees that the authorized party may freely cede, delegate or assign any of its rights or obligations in terms of this debit order instruction without consent from the client and that the client may not cede, delegate or assign any of their rights and obligations in terms of this debit order instruction to any third party without the prior written consent of the authorized party.

The User agrees to indemnify and hold Heyluno, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from all claims, demands, and expense including reasonable attorneys' fees, damage (whether direct, indirect, or consequential) and liabilities, made by anyone in connection with your use of our platforms, with any alleged infringement of intellectual property or another right of any person or entity relating to our platforms, your violation of these Terms and Conditions, and any other acts or omissions relating to the Portals.

10.1. HEYLUNO WILL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND HEYLUNO WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF A HEYLUNO EMPLOYEE, VICARIOUS OR STRICT LIABILITY.

10.2. Whilst Heyluno takes reasonable measures to ensure that the content of our platforms is accurate and complete, Heyluno makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of our platforms or as to the accuracy, completeness or reliability of any information on our platforms. If any such representations or warranties are made by Heyluno’s representatives, Heyluno shall not be bound thereby.

10.3. You hereby indemnify Heyluno against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of our platforms and/or any linked third-party website or mobile application.

10.4. In addition to the disclaimers contained elsewhere in these Terms and Conditions, also makes no warranty or representation, whether express or implied, that the information or files available on our platforms are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which can corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which can corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Heyluno its employees, agents or authorised representatives. Heyluno thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the app.

11.1. The Heyluno app is provided on an "as is" and "as available" basis. Heyluno does not represent, warrant or guarantee that access to Heyluno app will be uninterrupted or error-free. In case of any faults in the software, we will endeavour to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example, a maintenance issue may result in a service interruption.

11.2. You are responsible for obtaining the data network access necessary to use our platforms.

11.3. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

11.4. Heyluno does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices.

11.5. Heyluno reserves the right to terminate or discontinue the platforms or any part without prior notice to you.

11.6. Heyluno operates month-to-month contracts. Either the client or Heyluno may terminate the agreement, of a particular Service, by giving one calendar month's notice to the other.

11.7. The client is able to terminate services through the Heyluno client area. Should the client not want to terminate services via the client area, written notice of service cancellation is required to be sent to info@heyluno.com. The client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the client to specifically indicate a required process. Should the client incorrectly complete the cancellation process, Heyluno will not be liable for any additional costs or compensation due to the error.

11.8. Heyluno reserves the right to terminate any free services offered after a 30 day notice period.

Cancellation, by the client or Heyluno, will result in any data being permanently removed from Heyluno's servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. Heyluno will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by Heyluno will be made for legal purposes and not for data retention purposes and will not necessarily be made available to clients on request.

13.1. The registrant, being the legitimate beneficiary of the domain name service, is accurately identified on the domain name record (full legal name); and

13.2. The registrant's designated email address is accurately identified on the domain name record where prescribed.

14.1. Heyluno reserves the right to refuse to host certain client's websites and Heyluno reserves the right to refuse to register certain client's domains

14.2. Heyluno reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion.

14.3. Heyluno reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary.

14.4. Heyluno reserves the right (but does not assume any obligation) to inspect the contents of data that the client transmits, receives or stores on a Heyluno Server to ensure compliance with this agreement, or any applicable laws regulations or codes of practice.

14.5. The client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the client's facilities are targeted by a DOS attack that affects other network users, the client's service will be suspended.

14.6. Heyluno is not required to troubleshoot any issues relating to software installations (Wordpress, Zencart, Opencart, etc.) on your account. The only time this is a requirement is when Heyluno has developed a website for the client.

14.7. Support is not provided on our free hosting packages.

14.8. Each client is limited to 1 free hosting package per account. Should clients be found to be creating multiple accounts with free hosting packages, Heyluno reserves the right to terminate all accounts relating to this client.

15.1. Clients are solely responsible for backing up their data and Heyluno strongly encourages ALL hosting clients to do so as frequently and completely as possible. Heyluno will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

15.2. Heyluno also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the client's own risk and discretion - whether restored by Heyluno by instruction from clients or by clients themselves.

15.3. Heyluno will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to clients on request.

16.1. Heyluno registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Heyluno server(s) on behalf of clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Heyluno.

16.2. The client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. Heyluno may post links to these terms and conditions on the Heyluno Website purely as a convenience to the client.

16.3. Heyluno will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Heyluno cannot be held liable for any delays that may accompany the registration of domains. Initial setup fees are non-refundable. Domain name registration fees constitute a once-off payment subject to certain renewal charges

Heyluno will transfer existing (registered) domains from existing hosting providers to Heyluno's DNS and web servers. Upon requesting the transfer, and accepting the relevant service terms, the client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The client thereby indemnifies Heyluno from any disputes regarding ownership of the domain and any claims as a result thereof.

18.1. Heyluno provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the client. The client acknowledges and agrees that Heyluno shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

18.2. Heyluno reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

18.3. Heyluno is not responsible for configuring emails on any email clients whatsover. Heyluno provides the platform which allows the accessibility of incoming and outgoing mails. Any configuration of email clients is to be management by the client's IT administrator.

We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

20.1. Heyluno may amend the Terms related to the Services from time to time. Amendments will be effective upon Heylunoes’s posting of such updated Terms. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

20.2. It is your responsibility to provide accurate information or update your information to be informed of changes to the Terms and Conditions.

20.3. It is your responsibility to read make sure that you read the changes to Terms and Conditions after being notified of such changes.

20.4. Any change to the Terms and Conditions will only apply to your use of the App after the change is displayed. If you use the app after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.

21.1. data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in the our webiste ("Website Content") are protected by law. The App Content is the property of Heyluno, its advertisers and/or sponsors, and/or is licensed to Heyluno. You will not acquire any right, title or interest in or to the App or the App Content.

21.2. Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised by an authorised Heyluno representative or otherwise provided for in law. To obtain permissions for the commercial use of any content on our platforms, info@heyluno.com