Terms & Conditions

These Terms govern the use of GlowFlow by clinics that subscribe to the platform and, in Part B, the use of clinic booking pages by clients.

GlowFlow is operated by Dr Sophie Ramsaroop (Pty) Ltd, registration number 2021/383189/07, trading as GlowFlow.

PART A — TERMS FOR CLINICS

1. The service

GlowFlow provides clinic management software for aesthetic and beauty clinics, including bookings, client and clinical records, consent forms, stock, reporting, messaging and related administrative functions.

GlowFlow is a software provider. It does not provide medical, aesthetic or other healthcare services and does not supervise or direct the clinical practice of any clinic using the platform.

The clinic remains solely responsible for:

• the treatment and other healthcare services it provides;
• its clinical decisions and professional conduct;
• compliance with applicable professional and regulatory requirements;
• the accuracy and completeness of information it records on the platform; and
• determining the lawful purposes and means for which its clients' personal information is processed.

The operator of the platform and the party contracting with the clinic is:

• Trading name: GlowFlow
• Legal entity: Dr Sophie Ramsaroop (Pty) Ltd
• Legal form: Private company registered in South Africa
• Registration number: 2021/383189/07
• Registered address: 261 Underwood Road, Glen Park, Pinetown, KwaZulu-Natal, 3610
• Director: Dr Sophie Ramsaroop
• Telephone: 031 1000 459
• Email: admin@glowflow.online

2. Accepting these Terms

You accept these Terms when you create a clinic account and when you use the platform.

If you register on behalf of a clinic, practice or company, you confirm that you are authorised to bind that entity. In that case, references to "the clinic" mean that entity, and you are responsible for ensuring that you have authority to accept these Terms on its behalf.

You must be at least 18 years old to open or administer a clinic account.

The version of these Terms that applies to the clinic is the version accepted at the time the account is created, together with any later amendment that becomes effective in accordance with clause 24.

The clinic's acceptance of these Terms may be recorded electronically, including the version accepted, date and time of acceptance and relevant technical information used to evidence the acceptance.

3. Subscriptions and billing

• Plans are billed monthly in advance in South African Rand through PayFast.
• GlowFlow is not registered for VAT and therefore does not charge VAT on its subscription prices.
• An upgrade takes effect immediately and the applicable increased charge applies from the time of upgrade.
• A downgrade takes effect at the end of the current billing period.
• A clinic may cancel its subscription at any time from the owner dashboard. Unless these Terms provide otherwise, access continues until the end of the paid billing period and subscription fees already paid are not refunded on a pro-rata basis.
• Where a payment fails, GlowFlow may suspend the account after notifying the clinic owner. Suspension may stop automated messaging and other platform functionality, but does not itself authorise deletion of the clinic's data.
• GlowFlow may change subscription prices. Where it does, it will give the clinic owner at least one full billing cycle's notice by email. The new price will apply from the beginning of the billing period following that notice. A clinic that does not wish to continue at the new price may cancel before the new price takes effect.

4. Message allowances

Each plan includes a monthly allowance of email and, where applicable, SMS messages. The allowances applicable to each plan are shown on the pricing page and reset on the first day of each month.

GlowFlow may contact a clinic where its usage is materially disproportionate to the allowances included in its plan and may require the clinic to move to a plan that reasonably corresponds with its usage.

Where a plan does not include an SMS allowance, SMS messaging is not available on that plan.

GlowFlow's own account, billing and security emails to the clinic are not affected by the clinic's patient messaging allowances.

When a clinic has used its monthly email or SMS allowance, all patient messages on that channel stop until the next month or until the clinic upgrades. The clinic is warned when it reaches 80% of the applicable allowance and again when it reaches 100%, and can view a list of patient messages that were not sent because the allowance had been reached.

5. Data ownership and processing roles

The clinic retains ownership and control of the client and clinical information that it puts into the platform.

For client and clinical information processed on the clinic's behalf, including bookings, clinical records, consent forms, photographs and marketing records:

• the clinic is the responsible party under POPIA; and
• GlowFlow acts as the operator and processes that information only in accordance with the clinic's documented instructions and the Operator Agreement.

GlowFlow does not determine the purposes for which the clinic collects or uses its clients' personal information.

GlowFlow is separately a responsible party for personal information relating to its own business operations, including clinic owner and staff accounts, subscription and billing information, support correspondence and information relating to visitors to GlowFlow's own website.

The parties' respective responsibilities for operator processing are further governed by the Operator Agreement, which forms part of the contractual arrangements between GlowFlow and the clinic.

Return, export and deletion

On termination of the clinic's subscription, the clinic may export its client and other data using the export functionality made available by GlowFlow.

Within 60 days after termination, the clinic may instruct GlowFlow in writing to:

1. return the relevant client data to the clinic; or
2. delete the relevant client data,

subject to information that GlowFlow is required or authorised by law to retain.

Where GlowFlow is required or authorised to retain information, it will retain only the information reasonably necessary for that purpose and will restrict further processing to the applicable lawful purpose.

Where the clinic does not provide a return or deletion instruction within the 60-day period, GlowFlow may proceed with deletion in accordance with its applicable retention and deletion procedures, subject to information that it is required or authorised by law to retain.

Information remaining in backup or disaster-recovery systems may persist temporarily in accordance with GlowFlow's ordinary backup cycles. Such information will not be restored or otherwise processed except where reasonably necessary for disaster recovery, security, legal compliance or another lawful purpose.

Nothing in this clause requires the clinic or GlowFlow to delete a record where applicable law, a professional record-keeping obligation, legal hold, regulatory requirement or other lawful basis requires or authorises its retention.

6. The clinic's responsibilities

The clinic must:

• appoint an Information Officer and comply with applicable POPIA and PAIA requirements;
• publish its own privacy notice and PAIA manual;
• ensure that the information supplied to GlowFlow for those documents is accurate and kept up to date;
• establish and maintain a lawful basis for processing its clients' personal information;
• obtain any consent required by law before sending direct marketing or using clinical photographs for marketing;
• ensure that its consent forms and other client-facing notices accurately describe its own processing activities;
• keep staff accounts accurate and remove access promptly when a staff member leaves;
• use the platform only for the clinic's lawful business activities; and
• not upload personal information where the clinic does not have a lawful basis to collect, use, retain or otherwise process that information.

The clinic remains responsible for determining and complying with professional and statutory retention requirements applicable to its clinical and administrative records, including applicable requirements under the Health Professions Act, the National Health Act and applicable HPCSA rules and guidance.

GlowFlow's platform does not replace the clinic's own clinical-record or professional record-keeping obligations.

7. Account security

Each person using the platform must have their own account.

The clinic is responsible for:

• keeping login credentials confidential;
• ensuring that passwords are not shared between staff members;
• ensuring that each user has only the access appropriate to that user's role;
• removing access promptly when a person leaves the clinic or no longer requires access; and
• notifying GlowFlow at admin@glowflow.online as soon as reasonably practicable if it suspects that an account or credential has been compromised.

Where GlowFlow reasonably believes that an account presents a security risk, it may temporarily suspend that account or require a password reset.

GlowFlow will not require or knowingly permit clinic staff to share individual login credentials for ordinary platform use.

8. Licence and intellectual property

The GlowFlow platform, including its software, design, text, functionality, trademarks, name and logo, belongs to Dr Sophie Ramsaroop (Pty) Ltd or its licensors.

Nothing in these Terms transfers ownership of those rights to the clinic.

For as long as the clinic's subscription is active and paid, GlowFlow grants the clinic a limited, non-exclusive, non-transferable right to use the platform for the clinic's own business.

The licence ends when the subscription ends, subject to the clinic's right to export its data.

The clinic may not:

• copy, modify or create derivative works from the platform;
• reverse engineer the platform or attempt to extract its source code, except to the extent that applicable law expressly permits this;
• rent, resell or commercially exploit access to the platform;
• provide platform access to persons outside the clinic except where the platform expressly permits such access;
• use automated means to scrape or bulk-extract information except through export functions provided by GlowFlow;
• circumvent technical restrictions, access controls or message allowances; or
• use the platform in a manner that infringes another person's intellectual property or other legal rights.

9. The clinic's content

The clinic retains ownership of the information and material it uploads to the platform, including:

• its branding;
• treatment descriptions;
• price lists;
• client records;
• clinical notes;
• consent forms; and
• clinical photographs.

For purposes of these Terms, this is "Clinic Content".

The clinic grants GlowFlow a limited, non-exclusive licence to host, store, reproduce, transmit, back up and display Clinic Content solely to the extent reasonably necessary to operate the platform and provide the contracted services.

The licence:

• exists only for those purposes;
• does not transfer ownership;
• does not permit GlowFlow to sell Clinic Content;
• does not permit GlowFlow to use clinical photographs, client records or treatment information for its own advertising or marketing; and
• ends in respect of the relevant information when GlowFlow's lawful processing or retention of that information ends.

GlowFlow may use appropriately aggregated, anonymised or de-identified information for legitimate internal purposes where the information can no longer reasonably be used to identify a clinic or individual.

The clinic confirms that it has the rights, authority and lawful basis necessary for the Clinic Content it uploads and for any consent-dependent processing it instructs GlowFlow to perform.

10. Availability, support and third-party services

GlowFlow aims to provide a reliable service but does not warrant uninterrupted or error-free availability.

Planned maintenance will be communicated in advance where reasonably practicable.

Support is available by email at admin@glowflow.online.

The platform depends on third-party providers for certain infrastructure and functionality, including hosting, payment processing, email, SMS and, where enabled by the clinic, WhatsApp and AI-related functionality.

The relevant providers are identified in GlowFlow's current sub-processor disclosure where they process personal information on GlowFlow's behalf.

A failure or interruption at a third-party provider may affect part of the platform. This does not, however, remove or reduce GlowFlow's own obligations under POPIA or the Operator Agreement.

11. Acceptable use

The clinic and its users must not:

• attempt to obtain unauthorised access to another account or system;
• probe, test or circumvent platform security without GlowFlow's written permission;
• use the platform to commit or facilitate unlawful conduct;
• interfere with the security or operation of the platform;
• resell or commercially exploit platform access contrary to these Terms;
• upload malicious code or material intended to disrupt the platform; or
• use the platform to process information in circumstances where the clinic has no lawful basis to do so.

GlowFlow may suspend access immediately where continued use presents a material security or legal risk.

12. Suspension, termination and withdrawal of the service

A clinic may cancel its subscription at any time through the owner dashboard, subject to clause 3.

GlowFlow may suspend or terminate access where:

• fees remain unpaid after reasonable notice;
• the clinic materially breaches these Terms;
• the breach is serious or repeated;
• continued use presents a material security or legal risk; or
• GlowFlow is required to do so by law.

Except where the circumstances reasonably require immediate action, GlowFlow will notify the clinic of the issue and give it a reasonable opportunity to remedy the breach.

GlowFlow may also discontinue the platform.

If GlowFlow permanently discontinues the platform, it will give clinic owners at least 60 days' notice where reasonably practicable, refund subscription fees already paid for any period after the service ends, and keep the data-export functionality available throughout the notice period.

When the subscription ends for any reason, clause 5 governs the handling, return and deletion of the clinic's data.

13. Clinic indemnity

To the extent permitted by law, the clinic indemnifies GlowFlow against third-party claims, losses and reasonable legal costs arising directly from:

• the treatment, clinical advice or healthcare services provided by the clinic;
• the clinic's unlawful processing of personal information;
• the clinic's failure to obtain a consent or other lawful basis that it was responsible for obtaining;
• content or material uploaded by the clinic where the clinic did not have the necessary rights or authority; or
• marketing communications sent by the clinic in breach of applicable law.

This indemnity does not apply to the extent that a claim, loss or liability arises from GlowFlow's own breach of these Terms, breach of the Operator Agreement, negligence, unlawful processing, wilful misconduct or other act or omission for which GlowFlow is legally responsible.

Nothing in this clause requires the clinic to indemnify GlowFlow for liability that cannot lawfully be transferred to the clinic.

PART B — TERMS FOR CLIENTS USING A CLINIC'S GLOWFLOW BOOKING PAGE

14. Who you are contracting with

When you book a treatment through a clinic's GlowFlow booking page, your agreement for the treatment is with the clinic.

GlowFlow provides the software used by the clinic to operate the booking page.

GlowFlow is not:

• the treatment provider;
• the clinic's agent;
• responsible for the clinic's clinical decisions; or
• responsible for the clinical care or treatment provided by the clinic.

Questions, complaints and requests concerning treatment, treatment outcomes, refunds or clinical services should ordinarily be directed to the clinic.

15. Bookings, deposits and cancellations

Bookings are subject to availability and are generally confirmed by the clinic. A booking made through the cancellation wait list is an exception: when a slot becomes available, it may be offered automatically to wait-list clients, and the first client to accept the offer receives a confirmed booking without further approval by the clinic.

The clinic may require a deposit before confirming a booking. Any deposit amount and the clinic's applicable cancellation terms will be displayed during the booking process.

Where a product is purchased online, payment is made immediately through the clinic's own PayFast account. Treatment payments may be made online or in the clinic.

Unless otherwise stated by the clinic, a deposit is intended to be credited against the final treatment charge when the client attends the appointment.

A client may cancel an advance booking in accordance with applicable law and the clinic's stated cancellation terms.

Where a client cancels outside the clinic's stated cancellation period, or fails to attend an appointment, the clinic may retain or charge an amount only to the extent permitted by applicable law.

In particular, section 17 of the Consumer Protection Act 68 of 2008 permits a supplier to require a reasonable advance deposit and to impose a reasonable cancellation charge. Whether a cancellation charge is reasonable depends on the circumstances, including the nature of the service, the notice given, the possibility of finding another client and relevant industry practice.

No cancellation charge may be imposed under section 17 where the client is unable to honour the booking because of the death or hospitalisation of the person for whom, or for whose benefit, the booking was made.

The clinic remains responsible for determining and applying its cancellation policy lawfully.

Where the Electronic Communications and Transactions Act 25 of 2002 gives a client a statutory cooling-off right in relation to a booking, that right may be exercised in accordance with the Act. Any such right is subject to the exclusions and conditions provided by law, including where applicable the exclusion for services that have begun with the client's consent before the cooling-off period expires. Nothing in these Terms is intended to exclude or limit a statutory consumer right that cannot lawfully be excluded.

Where a cancellation occurs outside any applicable statutory cooling-off or cancellation right and the clinic is entitled to impose a reasonable cancellation charge, any prepaid amount retained in accordance with the clinic's cancellation policy may, at the clinic's discretion or as otherwise specified in the booking terms, be held as a credit towards a future visit.

16. Age and guardian consent

You must be 18 or older to make a treatment booking for yourself.

A booking for a person under 18 must be made or authorised by a parent or lawful guardian.

The clinic may require the parent or guardian to provide:

• their name;
• relationship to the person under 18;
• contact details; and
• express consent to the booking and proposed treatment.

The clinic remains responsible for confirming age and obtaining any consent required before treating a person under 18.

GlowFlow does not determine whether a particular treatment is clinically appropriate for a minor.

The clinic may refuse to provide treatment where it is not satisfied that the applicable age, guardian or clinical requirements have been met.

17. Treatments and medical disclaimer

Information published on a clinic's booking page is general information and does not constitute medical advice from GlowFlow.

You must provide the treating clinic with relevant information about your medical history, allergies, medication, pregnancy status and other information that may reasonably affect the safety or suitability of treatment.

The treating practitioner remains responsible for deciding whether a treatment is clinically appropriate.

The practitioner may refuse or modify treatment where clinically appropriate.

Treatment outcomes vary and no particular result is guaranteed by GlowFlow.

18. Pricing

Treatment prices are determined by the clinic.

Prices are displayed in South African Rand.

The clinic is responsible for determining whether VAT is applicable to its treatment charges and for issuing any tax invoice required by law.

The price confirmed at the time of booking applies to that booking unless the clinic's stated terms lawfully provide otherwise.

GlowFlow does not determine the price of a clinic's treatments.

PART C — GENERAL TERMS

19. Limitation of liability

To the extent permitted by South African law, GlowFlow will not be liable for indirect, consequential or special loss arising from use of the platform.

GlowFlow is not responsible for:

• the clinical services provided by a clinic;
• clinical decisions made by a practitioner;
• the accuracy of information supplied by a clinic;
• a clinic's unlawful processing of personal information; or
• a clinic's treatment or cancellation decisions.

Nothing in these Terms excludes or limits liability to the extent that applicable law prohibits such exclusion or limitation.

Nothing in these Terms limits:

• liability for death or personal injury caused by negligence;
• liability for fraud or fraudulent misrepresentation;
• liability arising from wilful misconduct where it cannot lawfully be excluded;
• a consumer's rights under the Consumer Protection Act; or
• any other right or remedy that cannot lawfully be excluded or limited.

20. Complaints and disputes

If you have a complaint concerning GlowFlow, please contact us first at:

admin@glowflow.online

We aim to acknowledge complaints within five working days.

If the matter is not resolved, you retain any other rights available to you under applicable law.

Depending on the nature of the complaint, you may also approach:

• the Information Regulator concerning the handling of personal information;
• the Health Professions Council of South Africa concerning the professional conduct of a registered healthcare practitioner;
• the National Consumer Commission or an appropriate consumer forum concerning a consumer matter; or
• a South African court with appropriate jurisdiction.

Nothing in these Terms requires a consumer to waive a right to approach a court or a statutory regulator, or to participate in proceedings where applicable law permits that participation.

21. Notices

GlowFlow may give notice to a clinic by email to the owner or authorised contact address associated with the clinic account.

A notice sent by email will be regarded as received on the next business day after transmission unless the sender receives a notification that the email was not delivered.

The clinic must keep its account contact details current.

The clinic may give notice to GlowFlow by email to:

admin@glowflow.online

Where a provision of these Terms or applicable law requires a particular form of notice, that requirement will apply.

22. Events outside our reasonable control

GlowFlow will not be in breach of these Terms to the extent that it is prevented from performing an obligation by an event genuinely outside its reasonable control.

This may include:

• widespread electricity failures;
• telecommunications or internet failures;
• failures at third-party hosting, email, SMS or payment providers;
• government action;
• natural disasters;
• war, civil unrest or similar events; or
• other events that GlowFlow could not reasonably prevent or overcome.

GlowFlow will notify affected clinics where reasonably practicable and will take reasonable steps to restore the affected service.

If the event continues for more than 30 days and materially prevents performance, either party may terminate the affected agreement on written notice.

Where a clinic has paid subscription fees in advance for a period after termination under this clause, GlowFlow will refund the unused portion, subject to any amount lawfully owing by the clinic.

This clause does not excuse GlowFlow from obligations that can reasonably be performed despite the event, including applicable data-protection and security obligations.

23. General

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be severed or limited only to the extent necessary, and the remaining provisions will continue to apply.

A failure by either party to enforce a provision immediately does not constitute a waiver of the right to enforce it later.

A clinic may not transfer its agreement with GlowFlow without GlowFlow's prior written consent, which will not be unreasonably withheld.

GlowFlow may transfer its rights and obligations as part of a sale, restructuring or reorganisation of the GlowFlow business, provided that the clinic's contractual rights and protections are not materially reduced.

These Terms, together with the Operator Agreement, GlowFlow's Privacy Policy, applicable cookie policy, current Sub-processor Disclosure and applicable pricing information, constitute the agreement between GlowFlow and the clinic concerning the platform, subject to any separately agreed written terms. If there is an inconsistency between these Terms and the Operator Agreement concerning the processing of personal information by GlowFlow on behalf of the clinic, the Operator Agreement prevails to the extent of that inconsistency. The Operator Agreement does not override provisions of these Terms concerning subscription pricing, billing, platform use, intellectual property or other matters unrelated to operator processing.

The clinic's own client-facing privacy notice, PAIA manual, consent documentation and treatment terms remain the responsibility of the clinic and do not become GlowFlow's documents merely because the platform generates or hosts them.

24. Changes to these Terms

GlowFlow may amend these Terms from time to time.

The version date will appear at the beginning of the Terms.

Where a change is material and affects the clinic's rights or obligations, GlowFlow will give the clinic owner reasonable advance notice by email before the change takes effect.

Changes required to reflect a change in law, regulatory requirement, security requirement or platform functionality may take effect on shorter notice where reasonably necessary, provided that GlowFlow gives the clinic notice as soon as reasonably practicable.

If a material change substantially adversely affects the clinic and the clinic does not wish to continue, the clinic may cancel its subscription before the change takes effect.

25. Governing law

These Terms are governed by the laws of the Republic of South Africa.

Subject to any mandatory consumer or other statutory jurisdiction, the South African courts have jurisdiction in respect of disputes arising from these Terms.