Article 1: Identification

Blouwy LTD, known as "Blouwy", is registered under number 192970 and is located in PORT LOUIS. The company has a share capital of RS 1000 and its headquarters are at Adress : The Hive, Nouvelle Usine, Mangalkhan, Floreal, Mauritius. Blouwy is the contracting entity according to these general conditions.

Article 2 - Definitions

Within these terms, the following definitions apply:

Notice: Any user-generated content on the Platform that expresses an opinion about their experience after an appointment with a Provider.

CGU: These general terms and conditions governing the use of the Platform.

Content: Any materials published by Providers on the Platform, either directly or through Blouwy on behalf of a Provider. This excludes reviews.

Provider: Any professional registered on the Platform offering services in beauty and event planning sectors. These professionals have agreements with Blouwy facilitating appointment bookings on the Platform.

Service: The facilitation of connections between Users and Providers by Blouwy through the Platform, including booking appointments with beauty professionals.

Platform: The Blouwy website and mobile app, available on Android and iOS, which provides a listing of beauty professionals and enables online booking of their services.

User: Anyone who uses the Platform and agrees to these CGU.

Related Beneficiary: Individuals listed on a User's account who benefit from the User’s use of the Platform and Services.

Article 3 - Purpose

The CGU are agreed upon between Blouwy and the User. The Service enables connections between Providers who offer beauty services and Users looking to book these services. Users can book services online for themselves or for a Related Beneficiary, with the option to pay online in some instances.

These CGU outline the terms of access and usage of the Platform and the Service, which every User must comply with. Acceptance of these CGU at the time of account creation confirms the User's legal capacity to enter into such agreements and their commitment to adhere to the terms.

Accessing the Service necessitates the creation of a user account. Blouwy serves solely as an intermediary in connecting Users and Providers and thus, is not a party to the contracts formed between Users and Providers and bears no responsibility for the contractual relationships or their outcomes.

Article 4 – Duration of CGU

The CGU take effect the moment the User ticks the checkbox stating "I have read and accept the CGU" (or a similar statement). These conditions are agreed upon for an indefinite period, which lasts as long as the User maintains an account. Users may terminate their account anytime by sending an email to Planity at: contact@blouwy.com. If an appointment is scheduled and yet to occur at the time the account is deleted, it will automatically be canceled.

Article 5 – Access to and Use of the Platform and Services

5.1 Overview of Platform and Services Features

Access to the Platform and Services necessitates that the User has an Internet connection. All costs related to equipment and internet connectivity fall solely on the User.

To use the Services, the User must:

Tick the checkbox "I have read and accept the CGU" (or similar).

Create a user account.

Sign in using their account credentials.

Platform access specifically allows the User to:

Search for beauty professionals by service type and location using a search engine.

View the list of beauty professionals registered on the Platform.

Access detailed profiles of each beauty professional, which may include contact details, a description of their establishment, a gallery of photos, the services and prices offered, customer reviews, opening hours, and availability.

In addition, access to the Service enables:

Viewing of reserved or past appointments through the user's account.

Registration of Related Beneficiaries, provided the User has secured the necessary legal or contractual permissions to make appointments on behalf of someone else, and can provide these permissions to Blouwy upon request.

Scheduling appointments for oneself or a Related Beneficiary with a beauty professional and managing these appointments (including cancellation or changes).

Prepaying for these appointments online in some cases, using a deposit system.

Posting a review about the beauty professional following the appointment.

5.2 Online Payment Features Description

The Service functions merely as a facilitator of connections between Users and Providers. Thus, the cost of appointments is set solely by the Provider. However, payments can be processed in three ways:

Directly with the Provider on the day of the appointment, depending on available payment options.

By charging the bank imprint provided by the Provider when payment is confirmed: this secures the appointment by debiting the deposit, which will be subtracted from the total cost or forfeited in the event of a late cancellation or no-show.

Through the Platform during online booking, if prepayment options are available, either in full or partially.

All payments adhere to the terms specified by the Provider at the time of booking confirmation. In return for utilizing the online prepayment facility and providing a bank imprint, Blouwy may impose additional service fees ("Service Fees") at the Provider's discretion, which include fixed fees of Rs 10 (ten rupees) per transaction plus banking fees for the provider, outlined as follows:

MCB cards: 2.5% + VAT, + $0.15 per transaction

Other local bank cards: 3% + VAT, + $0.20 per transaction

Foreign cards: 3.5% + VAT, + $0.30 per transaction

Amex cards: 4.5% + VAT, + $0.50 per transaction

The total cost incurred by the User includes the appointment price, any potential Service Fees, and possible charges for late cancellations or no-shows. An invoice will be provided by the Provider.

5.3 Cancellation Policy

Cancellations must be processed through the Platform or directly with the Provider. Except in instances of late cancellation or no-show, Users can cancel their appointment or that of a Related Beneficiary and receive reimbursement for any prepaid amounts (including the appointment fee and Service Fees). A cancellation is deemed late if it occurs after the maximum cancellation period set by the Provider, which is specified at the time the appointment is booked.

An appointment is considered a no-show if the Provider marks it as such or removes it from their schedule before the end of the appointment day. In cases of late cancellation or no-show, the Provider may apply cancellation fees, which will be charged to the User as follows:

If prepaid (either fully or partially), the cancellation fees and Service Fees will be deducted, and the User will be reimbursed for the prepaid amount up to the value of these fees.

If the User was to pay at the time of the appointment, the cancellation fees will be charged to the payment method provided at booking.

The cost of cancellation fees is set by the Provider and communicated at the time of booking.

Any deviations from the stipulated cancellation or appointment modification conditions will be subject to the General Conditions of Service Provision of the Provider.

IMPORTANT: WHEN THE SERVICE IS RESERVED PAST THE LATE CANCELLATION PERIOD SET BY THE PROVIDER, THE USER ACKNOWLEDGES THAT THEY HAVE BEEN INFORMED THAT ANY CANCELLATION OR NO-SHOW MAY RESULT IN LATE CANCELLATION FEES. BLOUWY WILL HIGHLIGHT THIS BEFORE FINALIZING THE BOOKING TO ENSURE THE USER IS AWARE AND CONSENTS TO PROCEED UNDER THESE TERMS.

Article 6 – Registration

Registration for the Service is completed directly by the User. When creating an account, the User must provide the following information:

Mobile phone number;

First name;

Last name;

Email address;

Password.

The User certifies that their provided information is accurate and agrees to keep it updated through their account. They confirm their acceptance of the CGU.

The account can only be used by the registered User. Account access is via credentials and passwords that are strictly personal and confidential. The User agrees to keep them confidential and not to disclose them.

Upon first use, a code will be sent to the User via SMS to validate the creation of their account.

In the event of loss or theft of the username or password, the User must notify Blouwy immediately.

Article 7 – User Obligations

7.1 Use of the Service

The User agrees not to:

Use the Service and Platform for purposes other than those specified in these CGU, particularly not for professional or commercial purposes;

Use the Service or the Platform in violation of applicable laws and regulations, including, but not limited to, data protection laws;

Use their account to book for anyone other than themselves or a Related Beneficiary;

Transfer, whether for free or for a fee, an appointment with a beauty professional booked through the Service;

Use the Service or the Platform to intentionally post, transmit, download, link, send, or store any illegal, racist, hateful, abusive, defamatory, obscene, or discriminatory content, or any data in violation of the laws and regulations applicable to the Service or Platform, including data protection laws;

Register as a Related Beneficiary someone for whom they do not hold legal or contractual authorization;

Use the Service or the Platform to harm or prejudice the Providers.

7.2 Obligations Regarding Appointments

The User commits to fulfilling their appointment and acknowledges that failure to appear may result in late cancellation fees being charged. If a Related Beneficiary does not show up for an appointment, late cancellation fees will be charged to the User.

The User, or their Related Beneficiary, is expected to behave respectfully and courteously during the appointment with the Provider. They are committed to being personally and punctually present at the appointment.

7.3 Respect for Blouwy’s Property Rights

Unless otherwise stated, elements accessible on the Platform such as databases, management tools, texts, and generally all information made available to the User are the full, complete, and exclusive property of Blouwy. The User is specifically prohibited from:

Copying or reproducing, decompiling, in whole or in part, the Platform and the Service by any means and in any form;

Extracting Reviews from the Platform and the Service by any means and for any purpose, particularly for commercial purposes;

Using the Platform other than according to the strictly interpreted stipulations of these CGU;

Using, reproducing, extracting, copying, making available, representing, communicating the Contents of the Platform or any publication from the Provider from the Platform or the Service outside the Platform for commercial or professional purposes;

Modifying, adapting, or hacking the Platform or the Service or attempting in any other way to gain unauthorized access to the Platform or Service or related networks;

Conducting total, substantial, or repeated extractions, by temporary or permanent transfer, or using by making available to the public, the whole or a part in quantitative or qualitative terms of the Platform or Services and other databases visible on the Platform or the Services, whether for commercial purposes or otherwise;

Extracting or using any part of the information visible on the Service or the Platform in a repeated and systematic way when such operation clearly exceeds normal and private use of the service offered by Blouwy;

Exploiting, marketing, or distributing any component of the Platform or Services, including information visible on the Platform or Services and any other database;

Using software or manual processes to copy any part of the Blouwy Platform or Services or to record or collect information on this Platform or Service without the express prior written consent of Blouwy;

Using devices or software for the purpose of disrupting or attempting to disrupt the proper functioning of the Platform or the Service; or implementing actions that would impose an undue burden on its infrastructure.

Blouwy expressly reserves all rights to the domain name www.blouwy.com, www.blouwy-pro.com and related domains and subdomains, the name Blouwy, its logo, its service marks, trade names, and/or trademarks. Other trademarks, product names, and company names mentioned on the Platform may be the trademarks of their respective owners or licensors, and rights to these trademarks are reserved to their respective owners or licensors.

7.4 Obligations Concerning Related Beneficiaries

The User agrees to inform the Related Beneficiary of all conditions of Blouwy's Services, as well as the obligations incumbent upon them due to the use of these Services.

The User will be responsible and guarantees Blouwy against any failure of a Related Beneficiary to comply with these CGU.

7.5 Suspension or Closure of Account

Violation by the User of any of their obligations under these CGU will entitle Blouwy to suspend or close the User’s account.

In case of multiple complaints from Providers concerning the User, or their Related Beneficiaries (lateness to appointments, no-shows...), Blouwy also reserves the right to suspend or close the User’s account.

Blouwy will notify the User of the suspension of their account by sending an email to the email address provided at the creation of their account. This email will also mention the reason for the suspension of their account and the duration of this suspension.

Once their account is suspended, the User will no longer be able to access or use the Service during the suspension period.

Any account suspension may lead to its deletion by Blouwy when:

The breach that led to the suspension of the Account is so serious that it justifies the termination of these CGU,

The account has been suspended multiple times over the past three (3) months,

The User has not provided any serious justification within ten (10) days following the suspension of their account.

The deletion of the account will be notified without delay.

Once the account is deleted, the User will no longer be able to access or use the Service.

The User may contest the decision to suspend/terminate their account within 30 days of its notification at the following address: contact@blouwy.com. Blouwy will then have a period of 90 days from the receipt of the User's request to reconsider its decision and provide complete information on its final decision.

Article 8 – Liability of Blouwy

In general, Blouwy cannot be held liable for any damage caused by force majeure, by the User, by a Related Beneficiary, or by a third party, nor for any indirect and/or unforeseeable damage.

As Blouwy acts only as an intermediary or host, it cannot be held responsible for any event related to the appointment with the beauty professional, and the services performed during this appointment, including regarding the price of services and in case of online prepayment. Notably, Blouwy is not able to refund an appointment, even in the case of prepayment.

To the extent provided by law, Blouwy will have no liability arising from or related to these CGU for any loss or damage resulting from, arising out of, or connected with:

Any faulty, incorrect, unlawful, abnormal, or negligent use of the Platform or the Service by the User,

Non-compliance with these CGU or applicable current regulations by the Provider,

The temporary impossibility of accessing the Platform and Service for maintenance reasons,

Any other software, plugin, integration, API, or solution not provided by Blouwy,

The failure to secure the login credentials to their account,

In case of an external cause not attributable to Blouwy,

The provision of a service by a beauty professional,

Any Content published by a Provider on the Platform,

Any content published by another user or a third party on the Platform,

The delay or failure to perform its obligations when such failure or delay results from a case of force majeure.

Article 9 – Specific Obligations of Blouwy

9.1 Procedure for Reviews

Planity is legally required to ensure all reviews posted on the Platform are genuine and verified and to transparently inform about the conditions for posting such reviews. Blouwy, in particular, must verify the date of the reviews and the actual experiences of its Users. To prevent unauthentic and unverified reviews, Blouwy only publishes reviews from users of its Platform who have had an appointment with a Provider using its services. It prohibits the posting of these reviews on other platforms. Therefore, Blouwy has implemented a specific procedure for the submission of reviews by Users and retains an exclusive license over these reviews.

Following an appointment with a Provider, and assuming the appointment has occurred, the User receives an email from Blouwy inviting them to leave a review within seven days. Reviews can be posted directly on the Provider’s page or under the "Manage my Appointments" section on the Platform. Users receive no compensation for submitting reviews.

Once a User has submitted their review, Blouwy gives the Provider seven days to notify whether the review can be published, based on a predefined list of reasons for rejection by Blouwy. The User can modify or delete their review under the "Manage my Appointments" section on the Platform. If the Provider notifies that the review is valid, it is immediately published on the Platform; if the review falls under the established rejection reasons, it will not be published unless Blouwy determines that the Provider was incorrect. The Provider can also respond to the User’s review. In case of a rejection, the User will receive an email from Blouwy stating the reason for rejection chosen by the Provider. The User then has the option to contest this decision by replying to the email. Regardless, all reviews by Users will be available in their "Manage my Appointments" section, along with the rejection reason if applicable. If the Provider does not respond within seven days, the review is automatically published on the Platform. A review is kept on the Platform for a maximum duration of 15 years.

The list of reasons for review rejection by Blouwy includes:

Reviews that endorse or encourage illegal, harmful activities or contain coarse, vulgar, obscene, threatening, defamatory, or discriminatory remarks.

Reviews that do not pertain to a service booked at a partnering establishment of Planity where the reservation was made.

Reviews that are not about the booked service for which the User received an invitation to write a review (e.g., reviews about a previous service, even if booked at the same establishment).

Reviews that constitute spam, unwanted contact, or content that is repeatedly posted or may cause annoyance.

Reviews created for advertising purposes or with a commercial intent.

The User grants Blouwy a free, irrevocable, exclusive, and transferable license to host, store, use, reproduce, modify, adapt, translate, display, publish, and edit all or part of the review for the purposes of:

Providing the Platform and Services to Users, including allowing Users and Providers to interact with the review (to view or respond to it),

Promoting the Platform and associated Services.

This license is valid for the duration of the review’s publication on the Platform (up to 15 years) and is applicable worldwide.

9.2 Procedure for Listing Beauty Professionals

It is possible to search for a Provider based on the following criteria:

The type of service provided;

The availability of Providers (today, tomorrow, select a date);

The geographic area of the Provider (city or area on the map).

Providers have entered into contracts and compensate Blouwy to be listed on the Platform and within the Service: these are necessarily beauty professionals who have subscribed to an offer from Blouwy. Blouwy does not receive any compensation (or other benefit) to prioritize certain Providers or Content. By exception, certain beauty establishments are displayed on the Platform to inform Users of their existence.

9.3 Reporting a Review or Content

Users have the right to report any review or content they find suspicious on a Provider's page. They can send an email to contact@blouwy.com with: their full identity or that of the legal entity they represent (including email address), a description of the contentious content, its location on the Platform, reasons for its removal, and a copy of any correspondence sent to the author or publisher of the contentious content if applicable.