TERMS AND CONDITIONS OF USE FOR “HARBIZ” CLIENT USERS
- INFORMATION AND ACCESS
- Holder: DUDY SOLUTIONS S.L. (hereinafter “HARBIZ”).
- Tax ID: B-88570239
- Registered office: Calle de Núñez de Balboa, 120, 28006 Madrid
The Service is limited to the provision of a technology platform that allows Platform Users to connect immediately and thus be able to meet the needs of one party with the services of another.
The Client User knows and accepts that when carrying out operations with other Users or third parties, they do so at their own risk and that they will make an assessment of the risks incurred by contracting the services offered by the Trainer/Advisor User, keeping due proportion between the risk and the medium selected.
The agreement and link between the Users does not create any corpoarte contract, mandate, franchise, or employment relationship between HARBIZ and the Users. Users recognise and accept that HARBIZ is not party to any operation and has no control over the quality, security or legality of the services required, the accuracy or truthfulness of the profiles created, ads, and/or the capacity of the Trainer/Advisor User to provide said services.
The GT&C, as well as the Privacy Policies and/or information concerning the Platform apply to all Platform Users from the first moment they access the same. These GT&C are mandatory, binding and apply to all activities performed on the Platform. If the Users do not fully accept these GT&C and the Privacy Policies, they should not use the Platform.
Users are responsible for ensuring that anyone who accesses the Platform through their Internet connection are aware of the GT&C and agree to comply with them.
- HARBIZ DECLARATION
HARBIZ declares that it provides the Service of a technological Platform which allows its Users to be connected immediately to access the advice and/or personal training service, covering fitness and/or nutrition offered by the Trainer/Adviser User to the Client User and/or the request from any Client User with the relevent offer of services offered by the Trainer/Advisor User.
The Users declare that said intervention and/or link through the Platform do not result in any type of employment relationship between the Users and HARBIZ.
- ACCEPTANCE OF THE TERMS AND CONDITIONS
By accepting these GT&C, Users agree to act at all times in line with the provisions set out in this legal text. If they do not agree with all or part of these GT&C, Users must refrain from installing and using the Platform.
The services provided on this Platform is governed by: (i) these General Terms and Conditions; (ii) Special Conditions that may be published on the Platform (iii) current and applicable laws, sector-specific regulations and general criteria and practices.
When accepting these GT&C, Users declare to be over 18 years of age and to have the capacity to understand and accept the content of these GT&C.
HARBIZ reserves the right to modify the presentation, configuration and content of the Platform as well as the conditions required for its access and/or use. Access and use of the content and services after the entry into force of any modifications or changes to the conditions is deemed as acceptance of the same.
- ACCEPTANCE OF THE SPECIAL CONDITIONS
Access to certain contents and the use of the services may be subject to certain particular conditions, which, depending on the case, will replace, complement and/or modify these GT&C and, in case of contradiction, the terms of the special conditions will prevail over the General Conditions.
Before using and/or requesting said specific services offered through the HARBIZplatform, Users must carefully read the special conditions created for such purpose by HARBIZ. The use, reservation and/or request for said specific services implies acceptance of the specific conditions set out in the version published by HARBIZ at the time said use, reservation and/or contracting through the Platform takes place.
The Platform has been developed byHARBIZ with the purpose of providing a service to make a technology Platform available that allows its Users to connect immediately and thus for one party to have their needs met by another party.
The Client User may access all necessary information corresponding to the same through the Platform. From there, they can browse and investigate its operation in more detail.
The benefits for the Client User of the service that HARBIZ provides through its Platform are as follows:
- Find a Trainer/Advisor User: The Client User will be able to contract the services offered by the Trainer/Advisor/User selected in two ways:
a.1. By receiving a personal invitation from a Trainer/Advisor User: In this case, the Client User should access the Platform using a URL by means of which they will complete their own profile and may be linked to the Trainer/Advisor User having sent said invitation.
a.2. For any reason: In the event that the Client User reaches the personalised page of any Trainer/Advisor User, they may contract the services offered by the same. In this case, the Client User must complete their registration using the payment method included on said page and, once their request has been accepted by the Trainer/Advisor User, they will be part of the team of the corresponding Trainer/Advisor User.
- Communication: The Client User will be able to communicate with both their Trainer/Advisor User and/or their associated team as applicable. Said communication will be available through:
b.1. Chat: An unlimited chat feature, where voice notes can be received from the Trainer/Advisor User and/or their associated team, as applicable. Said feature will not be available in the opposite direction, which means that the Client User cannot sent voice notes to their Trainer/Advisor User and/or associated team.
b.2. Groups: The Trainer/Advisor User will be able to group its Client Users into categories, as it deems necessary. In the event that the Client User is grouped in this way, the latter may receive content shared by their Trainer/Advisor User and/or their associated team.
- Documents The Client User may receive from their Trainer/Advisor User and/or their associated team any type of document they want to share in line with the provision of the services by the Trainer/Advisor User. Therefore, the Client User will have access both to the public documents from their Trainer/Advisor User and to those assigned to the former specifically.
- Nutrition: The Client User will be able to access the nutritional plans developed by their Trainer/Advisor User and/or their associated team and may report their comments and/or results relative to this point.
- Training and exercise Planning Calendar: The Client User may access a personalised plan assigned by their Trainer/Advisor User. The Client User will have access to the same through the training and exercises Planning Calendar which will contain all the detailed information necessary to execute said Plan.
- Metrics and Progress: With the aim that the Client User can share their progress, weight, measurements and any other metric with their Trainer/Advisor User and/or their associated team, HARBIZ provides the same with the Metrics and Progress service where they can manually enter their progress using the established metrics.
- REQUIREMENT TO REGISTER
To use the Platform’s services, it is necessary to accept these GT&Cs. The Client User may make use of the Platform’s services through prior personal registration using the methods set out in point 4.a of these GT&C.
To register on the Platform, the Client User must create an account, providing their email address, basic personal data, select a username and choose a password to access the Platform. If the Client User uses the Platform with an associated payment plan, they must provide the billing and payment data. When registering, the Client User must declare that they are 18 years of age or of legal age in their place of residence.
User registration is possible from the HARBIZ App or through the website by entering basic identification data. Users guarantee that their data is accurate, up-to-date and true. HARBIZ cannot guarantee the identity of registered Users and is not responsible for any inappropriate or unauthorised use of a User registered by third parties. In addition, as the Client User guarantees that they have the particular conditions and qualifications required by the laws in force for the exercise of the provision of the service offered through the Platform, HARBIZ is exempt from any type of responsibility related to the qualifications and specific requirements demanded for the exercise of the profession provided through the Platform.
5.1 Safekeeping of codes and password to access the account
The Client User registered will be responsible at all times for the safekeeping of their password to access their User account, consequently assuming any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of the same, and must inform HARBIZ immediately if it has resin to believe that its access code or password has been used in an unauthorised manner or is likely to be.
In any case, access and/or use of the Platform made using the access code or password belonging to the Client User registered will be deemed to have been made by said User who will be responsible for said access and use.
5.2 Client User profile
Once the Client User has created an account to access the Platform, they will have access to a profile where they can fill in their personal data in accordance with that set out in the Platform.
HARBIZ has the right to request proof and/or additional data in order to corroborate the Personal Data, as well as to temporarily or permanently suspend those Users whose details cannot be confirmed. In cases of disqualification, they will be removed from the Platform, without this generating the right to any compensation.
HARBIZ has the right to reject any registration request or cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating the right to any compensation.
- PAYMENT METHODS AND PRICING POLICIES
HARBIZ is a digital Platform and is not involved in the effective contracting between the Client User and the Trainer/Adviser User in any way whatsoever.
When contracting the benefits that the HARBIZ Platform provides and/or accepting a contracting request from a Trainer/Advisor User through the Platform, the Client User gives their express consent to the use of Stripe as the available method for collection of payment for the service contracted with the Trainer/Advisor User.
If a Client User requests and/or contracts services from a Trainer/Adviser User, HARBIZ will be the facilitator so that the Client User can pay for the services provided by the Trainer/Adviser User. Therefore, the Stripe account belonging to the Trainer/Advisor User will be connected to the Client User’s payment system so that said transactions can be carried out without any difficulty, thus facilitating the payment link between the Trainer/Adviser User and each Client User.
Therefore, HARBIZ will provide the User with the system for making payments that correspond to the rates that both categories of Users have independently agreed upon, thus facilitating the payment link between the Trainer/Adviser User and each Client User. As a result, HARBIZ will not be responsible for the damages and/or losses that may arise, which will be the exclusive responsibility of the Client User and/or companies during use of the services provided by the Trainer/Advisor User selected. Users are required to hold HARBIZ harmless in case of any claims from third parties for any payment made or that must be made by virtue of the use made by the Users of the Services for the management of their businesses.
– Payment method for the service offered by HARBIZ
The Service offered through the Platform will be free for the Client User and they will only have to pay for the services offered and effectively contracted by the Trainer/Advisor User. In this case, HARBIZ will only manage the payment between both categories of Users, according to that agreed freely between them.
The data used to pay for the services is not managed or stored by HARBIZ.
HARBIZ uses a secure payment gateway provided by “Stripe” that guarantees the integrity and security of communications and transactions as set out in the Stripe Terms and Conditions in each jurisdiction that makes use of it, which the Client User fully acknowledges and accepts by accepting these GT&C.
It is expressly stated that, in relation to non-European transactions, “Stripe” may apply additional and/or different commissions that correspond to the “Stripe” provider relative to each jurisdiction where said payment method is being used.
The list of prices will be those indicated on the Trainer/Advisor User’s Website according to the plan that the same offers to their community of Client Users and HARBIZ is not involved in any way in determining said prices and the effective provision of the service. The prices may vary and be revised periodically in response to the modifications of the letters and price list of each Trainer/Advisor User.
The price list of the services does not generally include the Value Added Tax or similar according to the applicable tax jurisdiction.
In case of payment error, the Client User will inform HARBIZ and/or their Trainer/Advisor User so that the corresponding refund can be processed within 48 hours of the issue of the payment. HARBIZ reserves the right to consider the refund request of the Trainer/Adviser User eligible since the same is not involved in any way in that agreed between both categories of Users.
– Payment method for the services offered by each TRAINER/ADVISOR USER
The payment methods for the service provided through the Platform will be for each Trainwer/Advisor User as set out in this section, that is to say through the Stripe payment platform and for:
- Subscription charge: The Client User may subscribe in any of the following ways:
a.1 The Client User must access the Platform and select the plan under which they want to contract the services of the Trainer/Advisor, according to the benefits they want to receive from the same. The plans offered will be created and stipulated by each Trainer/Advisor User independently. HARBIZ will only be the facilitator for payment between both categories of Users and this will be by means of the “Stripe” payment method through the Platform.
a.2 The Client User may receive an email from the Trainer/Advisor User with an invitation to register on the Platform. Said invitation will include a URL by means of which the Client User will activate their registration on the Platform with the same choosing the relevant plan in each case.
- Independent payment between the Parties: In the event that the Trainer/Advisor User invites the Client User to use the Platform without an associated service plan, the Trainer/Advisor User will be responsible for collecting the payment for the Services both parties have agreed via any payment method. In this case, HARBIZ will not manage or be involved in the transaction between both categories of Users in any way.
- USE OF THE PLATFORM AND USER LICENCE
The Client User is also required to abstain from using the Platform for illegal purposes or purposes contrary to that set out in the terms and conditions.
HARBIZ offers the Client User access to HARBIZ in accordance with a limited, non-exclusive, non-sublicensable, non-transferable and revocable licence. Use of HARBIZ will be personal and comply with these terms and conditions at all times.
By making use of the benefits that the Platform provides, the Client User gives HARBIZ and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and a license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display said content, always by virtue of the proposed purposes.
When using the Platform, the Client User agrees that HARBIZ may store its content during the time necessary to fulfil those purposes for which they were collected.
If the Client User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could be a breach of intellectual and/or industrial property rights, they must notify HARBIZ of this immediately so that appropriate measures can be adopted.
Use of the Platform for purposes other than those set out in these GT&C is expressly prohibited. Therefore, HARBIZ cannot be held responsible for any inappropriate use of the Platform.
The Platform may include a range of texts, graphics, drawings, designs, code, software, photographs, images, expressions and information belonging to HARBIZ or to third parties to which the Client User may have access. The Client User assumes responsibility for use of the Platform and agrees to make lawful, diligent, honest and correct use of any information or content accessed through the Platform, and all under the principles of good faith and respecting current legislation and these terms and conditions at all times.
By way of example, but not limiting, the Users must not:
- Register or communicate data that is not true, exact, complete and/or updated, or access the Platform using the name, identification data or access codes of another User or impersonate any person or identity. In addition, the Client/User is responsible for informing HARBIZ of any change and/or variation in any of the data communicated to HARBIZ.
- Cause neither maliciously nor intentionally damages that may undermine or alter the Platform, nor introduce or spread computer viruses that may cause unauthorised alterations to the contents or systems that make up the Platform. The User must not scan or test the vulnerability of any system or network belonging to HARBIZ, or violate any security or authentication measures, as well as try to decrypt or disassemble the software used by HARBIZ to offer the services through the Platform.
iii. Use the Platform for fraudulent purposes or purposes related to criminal or illegal activities of any kind.
- Reproduce, copy, distribute, transform or modify the information and content hosted on the Platform, unless authorised to do so by the holder of the corresponding rights.
- Use the Platform to send, use or reuse material that contains illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening information of any kind, or that involves a violation of copyrights, trademarks or confidentiality, privacy or any other right, or is otherwise offensive or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content and, in general, any type of unnecessary annoyance or inconvenience.
- Download, send or distribute in any other way content or applications that may breach any applicable legislation or that infringes any right of any party.
vii. Promote or encourage third parties to carry out any of the above practices or contribute thereto.
viii. Send and/or upload:
- Material defaming anyone.
- Any obscene, offensive or defamatory material.
- Any sexually explicit material.
- Any material that promotes violence.
- Any material that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Any copyright, database right, or trademark of any other person.
- The privacy rights of any other person.
- The personal data of another person, unless they make sure that said person has consented to be bound by these GT&C.
- Any material that promotes any illegal activity.
- Threats, abuse or invasion of another person’s privacy.
- Content that causes annoyance, inconvenience or unnecessary anxiety.
- Harassment, bullying, or content that embarrasses, alarms, or annoys another person.
- Content by which the identity of another person is impersonated.
Any content that the Client User uploads to the Platform will not be considered to be confidential and HARBIZ has the right to use, copy and disclose said content to third parties for the predisposed purposes. HARBIZ has the right to reveal the identity of the same to any third party who claims that any content submitted constitutes a violation of their intellectual property rights, or their right to privacy.
HARBIZ will not be responsible towards third parties for the content or accuracy of any content submitted. HARBIZ has the right to remove any content or ad sent through the Platform at its complete discretion.
HARBIZ will be entitled to investigate and report any of the behaviours mentioned in accordance with the Law, as well as to work with the authorities to investigate such actions.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Platform (website and app) including, but not limited to, its programming, editing, compilation and other elements necessary for its operation, the designs, logos, texts and/or graphics are the property of HARBIZ.
Users acknowledge that the reproduction, modification, distribution, commercialisation, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation or publication of any unauthorised reference test results of any of the elements and utilities integrated in the development constitutes an infringement of the intellectual property rights of HARBIZ, meaning that the actions mentioned above are prohibited.
All the contents of the Platform is duly registered and protected by the Intellectual and Industrial Property regulations, as well as mandatory registration in the corresponding public registries. Regardless of the purpose for which they were intended, total, partial reproduction, use, exploitation, distribution and marketing requires the prior, express and written authorisation of HARBIZ.
The designs, logos, texts and/or graphics foreign to HARBIZ and that may appear on the website or in the application, belong to their respective owners, who are themselves responsible for any possible controversy that may arise with respect to them.
The third-party holders of intellectual and industrial property rights to photographs, logos, and any other symbols or content included in the Platform have granted the corresponding authorisations for their reproduction, distribution and availability to the public.
- THIRD-PARTY APPLICATIONS
HARBIZ services include the integration of applications, websites and services of third parties (Third-Party Applications) to provide users with their products, services and content. These Third-Party Applications may have their own Terms and Conditions of Use and Privacy Policies governing the use Users make of the same. The Users understand and accept that HARBIZ is not responsible for the behaviour, characteristics or content of the Third-Party Applications used on the Platform, as well as any transaction outside the scope of activity of HARBIZ which may be carried out with the provider of said Third-Party Applications.
- RESPONSIBILITY AND GUARANTEES
HARBIZ is not responsible for the information, files or any other content published by the Users and does not validate the content that the Users decide to present such that HARBIZ will not be responsible, directly, indirectly, or subsidiarily, for damages of any nature arising from the communications made or content included in the Platform.
By way of illustration, HARBIZ may not be held responsible for:
- Meeting the needs of requirements of the Trainer/Adviser User in terms of the resources provided by the Platform.
- Direct or indirect and/or intangible damages, including personal injuries suffered as a result of misuse of the Platform.
- The loss of reputation, image or data which may occur during use of the Platform.
- The lack of availability, maintenance and effective operation of the Platform, excluding, to the maximum extent permitted by current legislation, any liability for damages of any nature that may be due to the lack of availability or continuity of the operation of the Platform.
- Any defect, error or malfunction of the Platform.
As a result, HARBIZ does not guarantee the use that the Users may make of the content and services that may be included in the Platform complies with these Terms and Conditions, nor that they do so diligently. HARBIZ cannot guarantee the identity of any other User of the Platform.
HARBIZ reserves the right of admission and exclusion from its Platform at its own discretion. Specifically, any Client User not meeting the standards contained in this document or using the Platform inappropriately may be excluded from the same.
HARBIZ reserves the right to (i) remove, suspend, edit or modify the content of the Platform at its sole discretion, at any time, without notice and for any reason, and (ii) remove, suspend or block any use made by the Trainer/Adviser User of the Platform.
HARBIZ also reserves the right to read, preserve, disclose and access any information that it deems reasonably necessary to (i)comply with applicable law or any judicial or governmental requirement or request, (ii) comply with these GT&C including the investigation of potential breaches of the same, (iii) detect, prevent or manage fraud, security or technical problems (iv) respond to requests for help from the Client User or (v) protect the right, property and security of HARBIZ and its Users.
However, HARBIZ declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Platform and avoid the existence and transmission of viruses and other harmful components to Users.
10.1 Legal responsibilities of the Client User towards HARBIZ.
- In no case will HARBIZ be held responsible for damages and/or losses of any kind that Users may suffer as a consequence or on the occasion of the contracting between them, nor will it held responsible for the contracting terms agreed between the Trainer/Adviser User and the Client User.
- HARBIZ consists solely of offering a Platform that facilitates exchange between the Trainer/Adviser User and the Client User in order to connect the Parties. In addition, the Client User, when accepting the service from the Trainer/Advisor User through the HARBIZ Platform, accepts and recognises that HARBIZ is not responsible for any act committed by Users and/or by third parties, including, but not limited to, withdrawals from contracting the services provided by the Trainer/Adviser User or the cancellation of said services, delays, losses, lack of corresponding registration for the exercise of the profession, and others. Users accept that they must be aware of this and that they agree, by using the services offered by the Platform, that they must assume, under their sole responsibility, the risks that this entails.
10.2 Suspension and cancellation of services
HARBIZ may temporarily and without prior notice suspend access to the Platform for maintenance, repair, updating or improvements..
HARBIZ notably reserves the right to eliminate, limit or prevent access to its Platform when technical difficulties arise due to events or circumstances beyond the control of HARBIZ which reduce or cancel the standard security levels adopted for the proper functioning of the Platform.
HARBIZ is not responsible for the lack of availability, maintenance and effective operation of the Platform, excluding, to the maximum extent permitted by current legislation, any responsibility for damages of any nature that may be due to the lack of availability or continuity of operation of the Platform as well as the effective provision of the service by the Trainer/Advisor User.
HARBIZ does not assume responsibility for the cancellation or suspension of services on the Platform for reasons that are not attributable to it. In any case, HARBIZ agrees to resolve any problems that may arise and to offer all the necessary support to the Trainer/Adviser User to reach a quick and satisfactory solution to the incident.
10.3 Force majeure
HARBIZ is not responsible for cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Platform, as a result of blocking of the Internet network, actions or omissions of third parties, or any other causes or circumstances independent of the will of HARBIZ which prevent the normal use of the Platform.
The Application may contain hyperlinks allowing the Client User to access third-party platforms or websites. HARBIZ does not assume any responsibility for the content, information or services that may appear on said platforms, which will be understood to be offered exclusively for information purposes by HARBIZ and which in no case imply any relationship, acceptance or support between HARBIZ and the persons or entities owning such content or owners of the sites where it is found.
In such cases, HARBIZ will not be responsible for establishing the General and particular Terms and Conditions to be taken into account for the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them.
HARBIZ does not have the power or the human or technical means to know, control or approve all the information, content, products or services provided by other web pages to which links may be provided from the Platform. As a result, HARBIZ does not assume any responsibility for any aspect related to the web pages to which a link may be provided from the Platform, specifically, by way of example and not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.
However, in the event that HARBIZ comes to have effective knowledge that the activity or information resulting from said links is illegal, constitutes a crime or may harm property or rights of a third party, it will act with the necessary diligence to suppress or disable the corresponding link as soon as possible.
The Users shall hold harmless, defend and exonerate HARBIZ from all damage, liability and cost that may arise as a result of a third party claim against HARBIZ, and/or its directors and/or representative and/or employee of any charge, action or lawsuit, including, but not limited to reasonable legal expenses resulting from any material they have provided to HARBIZ through any inappropriate use of the services that HARBIZ provides or in breach of these GT&C. HARBIZ will promptly notify them of any demand, action or process using the details that they themselves have provided at the time of registration for the services that the HARBIZ Platform offers. By accepting these GT&C, Users recognise and accept that HARBIZ has no direct or indirect responsibility for the services contracted between the Trainer/Adviser User and each Client User and/or with third parties.
- DURATION, SAFEGUARDING AND MODIFICATIONS
The conditions published at the time when the Client User accesses the HARBIZ Platform are deemed as those which apply.
If any provision of these GT&C is declared inapplicable or invalid, said provision will be limited or eliminated to the minimum extent necessary such that the remaining conditions and obligations remain in full force and effect and must be complied with.
HARBIZ may delete, modify or replace the contents of this document at any time, by publishing or sending a notification through the Platform or by email, without the possibility for the Client User to demand any compensation.
- DATA PROTECTION
HARBIZ respects the privacy of its Users and will ensure that personal data is processed in accordance with current legislation.
HARBIZ may translate these Terms and Conditions or any other policy that may be published on the Platform. The Spanish version shall prevail in case of conflict between other translations.
- OUT-OF-COURT DISPUTE RESOLUTION
To resolve any discrepancy, issue or claim derived directly or indirectly from the interpretation or execution of these GT&C, the parties waive their own jurisdiction and agree to be subject to the competence of the courts and tribunals of the Client User’s city of domicile.
Under that set out in Regulation (EU) no. 524/2013 of the European Parliament and Council of 21 May 2013 regarding the resolution of online consumer disputes, HARBIZ advises that, in case of dispute, Users resident in the European Union may access the “Online Conflict Resolution Platform” developed by the European Commission with the aim of reaching an out-of-court resolution to any dispute derived from the provision of services by HARBIZ.
The Client User can access the “Online Conflict Resolution Platform” through the following link: http://ec.europa.eu/consumers/odr/