Terms of Use & Sale

"Smilin'": Smilin' Lifestyle Ltd, a company incorporated under Mauritian law, BRN C25229164, registered office at A1, Le Mouillage, Route Côtière, Calodyne, Grand Gaube 1306-07, Mauritius, operating the Smilin' platform (website and web app). "Platform": all digital services published by Smilin'. "Partner": any professional (hotel, restaurant, experience provider, retailer or business) listed on the Platform and offering Services. "Client": any person using the Platform to discover, book or purchase a Service. "Service": any service or product offered by a Partner (stay, day-use, table booking, experience, surplus-food basket, etc.).

These Terms of Use & Sale govern access to and use of the Platform, as well as the bookings and purchases made through it. Any use of the Platform, account creation or booking constitutes full acceptance of these Terms. The specific conditions applicable to Partners (commissions, payouts, mutual obligations) are set out in a separate partnership agreement, which prevails over these Terms in the event of conflict.

Smilin' is a marketplace operator: it connects Clients and Partners and provides discovery, booking and payment tools. Smilin' is neither the seller nor the provider of the Services and is not a party to the contract between the Client and the Partner. Each Service is sold and performed by the Partner concerned, under its sole responsibility, including its conformity, quality, safety, hygiene and compliance with applicable regulations (licences, insurance, professional standards).

Creating an account requires accurate, up-to-date information. The username and password are strictly personal; any action taken from an account is deemed to have been taken by its holder. Smilin' may suspend or close an account in the event of fraud, misuse, conduct contrary to these Terms, or conduct harmful to other users or Partners.

Descriptions, photos, prices, availability and specific terms of Services are provided by Partners, who are solely responsible for their accuracy and upkeep. Smilin' applies quality editorial moderation but does not guarantee the completeness or accuracy of Partner content. Recommendations, ratings and features produced by the Platform (including by the Lila assistant) are indicative only and do not constitute advice or a guarantee.

Prices are displayed in Mauritian rupees (MUR), inclusive of all taxes unless stated otherwise, and set by Partners. Payment is made online via secure payment providers. Smilin' collects funds in the name and on behalf of the Partner, to whom they are transferred under the terms of the partnership agreement, less agreed commissions. A resident/non-resident price differential may apply where the Partner provides for it; the status declared at sign-up is authoritative.

Where activated by the Partner, certain bookings (in particular restaurant tables) are guaranteed by a card imprint: no charge is made at the time of booking; in the event of no-show or late cancellation, the Partner's cancellation policy, displayed before confirmation, applies automatically and may result in a charge. Cancellation, modification and refund terms are set by each Partner and communicated to the Client before confirmation.

Surplus-food baskets are by nature variable-content ("surprise baskets") and must be collected within the stated time slot. Exact contents cannot be guaranteed; allergens and dietary requirements are the Client's responsibility, based on information provided by the Partner. Any basket not collected within the time slot is forfeited, without refund, save for a goodwill gesture from the Partner.

The Client agrees to use the Platform in good faith, honour bookings, comply with venues' house rules, and not publish any unlawful, defamatory or misleading content (notably in reviews). Reviews must reflect a genuine, personal experience.

Smilin's liability is limited to providing the Platform with professional diligence: matchmaking, transmission of bookings and processing of payments. Smilin' is not liable for the performance, non-performance or improper performance of Services by Partners, nor for resulting damages; claims must be directed at the Partner concerned, with Smilin' facilitating the handling of complaints in good faith. The Platform is provided "as is"; Smilin' does not guarantee uninterrupted access and is not liable for force majeure events or failures of networks or third-party providers. In any event, save for gross negligence or wilful misconduct, Smilin's total liability for a booking is capped at the commissions it actually received on that booking. These limitations do not deprive the Client of the mandatory rights granted by Mauritian law (including the Consumer Protection Act) and, where applicable, the mandatory provisions of the law of their country of residence within the European Union.

The Platform, the Smilin' brand, the logo, the Lila mascot and all content published by Smilin' are protected. Any unauthorised reproduction is prohibited. Partners grant Smilin' a non-exclusive licence to use their content (text, visuals, trademarks) for the purpose of operating and promoting the Platform.

Data processing is described in the Privacy Policy, in accordance with the Data Protection Act 2017 (Mauritius) and, where applicable, the GDPR. Data belongs to its owners; Partner data is never used to place them in competition with one another.

Smilin' may suspend all or part of its services, or terminate an account, in the event of breach of these Terms, fraud or legal requirement, without prejudice to ongoing bookings which remain governed by the Partners' terms.

Smilin' may amend these Terms at any time. The version applicable is the one published online at the time of use; substantial changes are notified by any appropriate means. Continued use constitutes acceptance.

These Terms are governed by the law of the Republic of Mauritius. Consumer Clients resident in the European Union retain the benefit of the mandatory provisions of their country of residence. Any complaint should first be sent to [email protected] (response within 15 business days); failing an amicable settlement, jurisdiction lies with the courts of the Republic of Mauritius, subject to mandatory rules of jurisdiction protecting consumers.