IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19.
This Agreement constitutes a legal agreement between you ("you" or "User") and HOME GENIE, SOCIEDAD LIMITADA. d/b/a HOME GENIE (GENIE or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.homegenie.es, as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile applications offered by us (the "Apps"). Our services, platform, Site and Apps are collectively referred to as the HOME GENIE platform.
By accessing, using or registering with the HOME GENIE Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the HOME GENIE Platform. HOME GENIEÔÇÖs acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the HOME GENIE Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
ÔÇó Your agreement that the HOME GENIE platform is provided "as is" and without warranty.
ÔÇó Your agreement that the HOME GENIE Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that HOME GENIE has no liability for any Professional Services or any acts or omissions of third parties.
ÔÇó Your acknowledgment of an agreement to pay HOME GENIEÔÇÖs fee that will be applied to each appointment of a Professional Service requested through the HOME GENIE Platform.
ÔÇó Your acknowledgment of an agreement to HOME GENIE cancellation policies and cancellation fees.
ÔÇó Your agreement to release HOME GENIE from liability based on claims relating to Services and otherwise and your agreement to the limitation of time within which a claim can be brought.
ÔÇó Your agreement to indemnify HOME GENIE from claims due to your use, misuse or inability to use the HOME GENIE Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the HOME GENIE Platform.
1. The HOME GENIE Platform is Solely a Venue for Communications; Background Checks.
a. The HOME GENIE Platform is Solely a Venue for Communications. The HOME GENIE Platform is a communications platform for enabling the connection between individuals seeking to obtain services ("Requesters") and/or individuals seeking to provide services ("Professionals"). Requesters and Professionals together are referred to as "Users". Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services". The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the HOME GENIE Platform or from a third party (ÔÇťMerchandiseÔÇŁ) but shall not be deemed to include the Merchandise itself. HOME GENIE does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the HOME GENIE Platform.
HOME GENIE, THROUGH THE HOME GENIE PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
b. Background Checks. HOME GENIE checks the backgrounds of Professionals by demanding information regarding compliance with social security obligations, if the case, legal structure of the Professional, or compliance with the ÔÇťregimen especial de trabajadores aut├│nomosÔÇŁ, and third party insurance.
However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE HOME GENIE PLATFORM, THE REQUESTER AGREES TO HOLD HOME GENIE FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. HOME GENIE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
2. Personal Information; User Accounts.
b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the HOME GENIE Platform. You are solely and fully responsible for all activities that occur under your password or account, except that HOME GENIE may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. HOME GENIE has no control over the use of any User´s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at firstname.lastname@example.org
Nothing in this section shall affect HOME GENIEÔÇÖs rights to limit or terminate the use of the HOME GENIE Platform.
c. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
d. Communications. By using the HOME GENIE platform, you expressly consent and agree to accept and receive communications from us regarding your petition of service, including via text message, calls, push notifications to the cellular telephone number you provided to us and email messages. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
HOME GENIE, will not send any commercial or marketing communications to you unless expressly authorized. You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
a. Payments. Users of the HOME GENIE Platform contract for Professional Services directly with other Users. HOME GENIE is not a party to any contracts for Professional Services. The HOME GENIE Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule Professional Services, and make payments for Professional Services. Requesters are obligated to pay in advance for the Professional Services and/or Merchandise they order through the HOME GENIE Platform. Prior to the scheduled Professional Service, we will charge the Requester´s credit card according to the amount the Requester has agreed to on the HOME GENIE Platform with respect to all Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service.
We will use third party services to process credit card information. By accepting this Agreement, you are giving HOME GENIE (or a third-party payment processor on HOME GENIEÔÇÖs behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe HOME GENIE. Depending on the transaction you selected or services requested, HOME GENIE may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HOME GENIE at the prices in effect when such charges are incurred.
We retain the right, in our sole discretion, to place a hold on the Requester´s credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed . If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HOME GENIE. Requesters must notify HOME GENIE either by changing the date or hours of the requested Professional Service through the HOME GENIE Platform or by visiting the HOME GENIE chat at www.homegenie.es.
All Payments by Requesters must be made through the HOME GENIE Platform. Any Payments paid or Professional Services scheduled outside of the HOME GENIE Platform are not subject to HOME GENIEÔÇÖs satisfaction policy, including translation, mediation, insurance coverage or refunds.
No refunds or credits will be provided once the Requester´s credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HOME GENIE or third parties, then HOME GENIE may withhold any payments to you for as long as we determine any related risks to HOME GENIE or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
b. Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HOME GENIE platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester´s credit card will be charged the same non-promotional amount, as originally disclosed to Requester at the time of signing up for Recurrent Service for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. HOME GENIE cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time by sending an email to email@example.com, including the subject: CANCELATION. Requesters must cancel more than forty eight (48) hours prior to the Professional Service in order to avoid being charged any cancellation fees and/or for the next Professional Service. After signing up for a Recurrent Service, you will be provided an email acknowledgment which includes information on how to cancel.
HOME GENIE, S.L. with CIF n┬║ B42619239 and address in Carretera de Novelda n┬║ 2, Mon├│var (Alicante) does not assume any responsibility for the
incorrect, inappropriate or illegal use of the information appearing on
Home Genie, S.L.. is a company registered in the Mercantile Registry of
Alicante, 1┬║ inscription, book 41841, page 1, sheet 163243.
the limits established by the Law, Home Genie, S.L.. assumes no
responsibility for the lack of veracity, integrity, updating and
accuracy in data or information contained in its internet site.
contents and information do not bind Home Genie, S.L.. and do not imply
opinions, advice or any kind of legal assessment, as it is merely a
service offered for information.
The Home Genie, S.L. Internet
website may contain links to third parties not under control of Home
Genie, S.L. Therefore, Home Genie, S.L. cannot take responsibility for
the content that may appear on those pages.
The text, images, sounds,
animations, software and other content included in this website are the
exclusive property of Home Genie, S.L.. or its licensors. Any
transmission, distribution, transfer, reproduction, storage, total or
partial public communication must have the express consent by Home
Access to some of the services offered through the
website require the access to personal data. In compliance with the
provisions of Regulation (EU) 2016/679 of the European Parliament and of
the Council of 27 April 2016 on the protection of natural persons with
regard to the processing of personal data and on the free movement of
such data, and repealing Directive 95/46/EC (General Data Protection
Regulation GDPR), your personal
data will be stored and processed by Home Genie, S.L. for the offering
and providing our services and informing improvements of the website.