TERMS AND CONDITIONS OF USE OF “HARBIZ” TRAINERS/NUTRITIONISTS
These General Terms and Conditions (hereinafter the “GT&C”) govern the download, access, browsing and use of the HARBIZ mobile application and the harbiz.io Website (hereinafter, jointly referred to as the “Platform”).
These GT&C are exclusively intended for users registered on the Platform.
- INFORMATION AND ACCESS
In compliance with the duty of information contained in article 10 of Law 34/2002, of 11 July, on Information Society Services and E-Commerce, below are the details of the owner of the Platform:
● Owner: DUDY SOLUTIONS S.L. (hereinafter, “HARBIZ”).
● Tax ID No. (N.I.F.): B-88570239
● Calle de Núñez de Balboa, 120, 28006 Madrid
We call “Users” of the Platform any person who is registered or uses the Platform. Any person may register or use the Platform provided that they accept the GT&C together with all the other policies and principles that govern the Platform and that are detailed below.
HARBIZ only provides the Platform for access by Users who offer their services on the Platform (hereinafter, “User” and/or “Trainer/Coach User”) and Users who are interested in contracting such offerings (hereinafter, “Client User”, and in conjunction with the “Trainer/Coach User” the “Users”).
Registration on the Platform for the Trainer/Coach User is in exchange for a consideration, pursuant to the stipulations of the “Services” and “Payment Methods and Usage Policy” section of these GT&C. Once they have been registered on the Platform, they will hold the status of Trainer/Coach User thereof.
It is expressly stated that HARBIZ only makes available to all its Users, through the Platform, a virtually connected space (hereinafter, the “Service”). In the event that one or more Users or any third party initiates any type of claim or legal action against any User, all parties involved in such claims or actions release HARBIZ and its directors, managers, employees, agents, operators, representatives and proxies from all liability.
The Service is limited to the availability of a technology platform that allows Users of the Platform to subscribe immediately and thus be able to cover their needs with the services of the opposite party.
The Trainer/Coach User knows and accepts that on carrying out operations with other Users or third parties, they do they do so at their own risk and that they will conduct an assessment of the risks that they incur of the risks that they incur by accepting the application to contract the service from the Client User, maintaining a due proportion between the risk and the medium selected, as well as complying with any regulations that apply to their activity.
The agreement and association between the Users does not create any contract of service, mandate or franchise, or any employment relationship between HARBIZ and the Users. The Users acknowledge and accept that HARBIZ is not a party to any other operation, nor does it have any control over the quality, security or legality of the services required, the truthfulness or accuracy of the profiles created, advertisements and/or the capacity of the Client User to pay for them.
The GT&C, as well as the Privacy Policies and/or information about the Platform apply to all Users of the Platform from the time when they first access it. These GT&C are mandatory, binding and they apply to all the activities carried out on the Platform.
The Users are responsible for ensuring that all persons who access the Platform through its Internet connection are aware of the GT&C and that they comply with them.
- HARBIZ STATEMENT
HARBIZ declares and states that it makes available the Service of a technological Platform, which allows its Users to subscribe immediately, being able to offer the service of coaching and/or personal training, covering fitness and/or nutrition offered by the Trainer/Coach Trainer to the Client User.
The Users state that this intervention and/or subscription via the Platform do not have to configure for the Users any type of labor association with HARBIZ.
- ACCEPTANCE OF THE TERMS AND CONDITIONS
Through acceptance of the GT&C, the Users undertake to act at all times in accordance with the provisions set out in the clauses of this legal text and the applicable regulations. If they are not in agreement with all or part of these GT&C, the Users must abstain from installing and using the Platform.
The service provided on this Platform is governed by: (i) these General Terms and Conditions; (ii) any Special Terms and Conditions that may be published on the Platform (iii) the laws in force and applicable, sector regulations and the criteria and general practices.
By accepting these GT&C, the Users state that they are over 18 years of age and have full capacity to understand and accept the content of these General Terms and Conditions.
HARBIZ reserves the right to change the presentation, configuration and content of the Platform, as well as the conditions required for access and/or use of it. Access to and use of the content and services after the entry into force of their modifications or the changes to the conditions that involve acceptance of them.
- ACCEPTANCE OF THE SPECIAL TERMS AND CONDITIONS
Access to certain content and the use of the services may be subject to certain special terms and conditions, which, depending on the cases, shall replace, complete and/or modify these GT&C and, in the event of contradiction, the terms of the Special Terms and Conditions shall prevail over the General Terms and Conditions.
Before using and/or requesting these specific services offered via the HARBIZ Platform, the Users should carefully read the Special Terms and Conditions created, where applicable, for this purpose by HARBIZ. The use, reservation and/or request for these specific services, involves acceptance of the Special Terms and Conditions that govern them in the version published by HARBIZ at the time when this use and/or contracting takes place via the Platform.
The Platform has been developed by HARBIZ for the purpose of providing a service of making a technological Platform available that allows its Users to subscribe immediately and thus be able to cover their needs with the services of the opposite party.
The Trainer/Coach User will be able to access via the Platform all the necessary information corresponding to it. From there, they will be able to browse and investigate in detail how it operates.
The Benefits for the Trainer/Coach User of the service that HARBIZ provides via the Platform are as follows
- Customized Page: HARBIZ Customized PageWeb page”). Under this HARBIZ offers the Trainer/Coach User the possibility of customizing their own Web page within the Platform on which they can present detailed information about their services. Within the Web page there will be the functionality of a price table, where the Trainer/Coach User will be able to set out their own prices for the services that they provide, this functionality will be connected directly to the HARBIZ payment methodology system (hereinafter “in-app payments”), through which HARBIZ will be able to help the Trainer/Coach User to manage the corresponding collections each month, all according to the provisions set out in the “Payment Methods and Usage Policies” Section of these GT&C.
- Add Client Users to your client network: The Trainer/Coach User will have the possibility of Client Users contracting their services in two ways:
b.1. By sending an invitation to join their network from the Platform to the email address of the potential Client User.
b.2. Through promotion of their customized Web page so that the potential Client User can access and directly contract their services.
- Library: HARBIZ will make available to all Trainer/Coach Users a Public Library (hereinafter, the “Public Library”) of content related to the provision of the services that they will carry out, as a work tool for the creation of customized schedules that the Trainer/Coach User wishes to assign to each Client User. This Public Library will contain:
c.1. Training exercises: A Library of Training Exercises with their corresponding videos included (hereinafter the “Exercise Library”) for free use of them by the Trainer/Coach User. –
HARBIZ expressly states via these GT&C that it is the exclusive owner of the Exercise Library available on the Platform, and that it enjoys the corresponding transfers of image rights of the models that form part thereof.
c.2. Food Databases:A Food Database (hereinafter “Food Databases”) previously loaded, offering the Trainer/Coach User the possibility of making full use thereof.
Trainer/Coach Users who wish to include their own Exercise and/or Food Library in their own Library will have the possibility of doing so by loading them onto the Platform, with the possibility of hiding the Public Exercise and/or Food Library provided by HARBIZ and working directly with their own Exercise and/or Food Library.
- Team: HARBIZ shall allow, via its Platform, the possibility for Trainer/Coach Users to add an associated team of Trainers who provide the services that the Trainer/Coach User wishes to provide (hereinafter “Collaborator” and/or “Collaborators”). This Collaborator will work under the supervision and name of the Trainer/Coach User who invites them to be part of their team of professionals. They will be recruited by the Trainer/Coach User by means of an email sent inviting them to be part of their team. If the Collaborator creates a profile, completes their registration correctly and accepts the invitation, they will start to work as part of the team of the Trainer/Coach User who has invited them. Therefore, everything that they do will be done under the name and brand of the Trainer/Coach User who has contracted them.
The Collaborators necessary for the provision of the services of the Trainer/Coach User shall be provided by the latter, who undertakes to comply with respect to his/her staff with the obligations established by the current Labour Legislation, as well as compliance with the regulations existing on occupational risk prevention.
It is expressly stated that HARBIZ does not participate in any way, either directly or indirectly, in the contract and the agreement regarding financial remuneration entered into between the Collaborator and the Trainer/Coach User and that the latter release HARBIZ from any liability in the event of any dispute between them or any third-party claim. Furthermore, HARBIZ accepts no liability whatsoever for any bad practices that the Collaborator may carry out with the use of the Platform, whether they are harmful to the Trainer/Coach User or to the Client User assigned.
d.1. If the Collaborator accesses the Platform and creates a profile to form part of the team of the Trainer/Coach User, they will not enjoy the same benefits in terms of management, business supervision, modifications and access to the payment plans, customisation of the professional Web page or other benefits.
It is expressly stated that HARBIZ shall not provide the Collaborator with all the benefits available on the Platform and that they will simply enjoy the benefit of being part of the team of the Trainer/Coach User who has contracted them.
- Communication: The Trainer/Coach User will have the possibility of communicating both with their associated team, as well as with all their Client Users who belong to their network.
This communication will be available via:
e.1. Chat: An unlimited Chat, where the Trainer/Coach User will also be able to send voice notes to their Client User as well as to their Collaborators.
The Collaborators will merely enjoy the possibility of communicating with the Trainer/Coach User who has invited them to be part of their team and/or with the Client Users that the Trainer/Coach User has assigned to them.
Documents The Trainer/Coach User and/or the Collaborator will be able to share globally with their Client Users any type of document that they wish to share by virtue of correct fulfillment of the provision of their services.
f. These may be carried out in the following ways:
f.1 The Trainer/Coach User will be able to share public documents, visible to all their Client Users and/or professional team associated with the Trainer/Coach User.
f.2 The Trainer/Coach User will be able to share private documents with their Client Users, individually and/or jointly, in which case HARBIZ accepts no liability for the content sent and/or received.
- NEED FOR REGISTRATION
To be able to use the services of the Platform it is necessary to accept these GT&C. The Trainer/Coach User will be able to make use of the services of the Platform by prior personal registration on it.
In order to register on the Platform, the Trainer/Coach User must create an account, provide their email address, basic personal information, billing and payment information, and choose a password for accessing the Platform. At the time of registration the Trainer/Coach User must declare that they are over 18 years of age or above the age of majority that applies to their place of residence.
Registration as Users may be carried out from the HARBIZ App, as well as from the website by entering the basic identification details/alias. The Users guarantee that their data will be accurate, up-to-date and truthful. HARBIZ cannot guarantee the identity of the registered Users and is not liable for any undue or unauthorized use of a registered User account by third parties. Furthermore, the Trainer/Coach User guarantees that they have the specific status and authorizations required by current law for carrying out the provision of the service that it offers via the Platform. HARBIZ is exempt from any type of liability relating to the specific authorizations and requirements necessary for exercising the profession provided via the Platform.
5.1 Custody of codes or passwords for access to the account
The registered Trainer/Coach User shall be responsible at all times for the custody of the password for access to their User account, consequently assuming any damage and harm that may be derived from its improper use, as well as its transfer, disclosure or loss and must immediately inform HARBIZ if they have reason to believe that their access code or password has been used in an unauthorized manner or is likely to be so.
In any case, access to and/or use of the Platform made through the access code or password of the registered Trainer/Coach User shall be considered to have been carried out by said User, who shall take responsibility in all cases for such access and use.
5.2 Trainer/Coach User Profile
The Trainer/Coach User shall have access from the first day to their profile where they will be able to complete their personal information in accordance with what is established on the Platform. Once the Trainer/Coach User has created an account for access to the Platform, has ended the free trial period and chosen their plan, entering their payment method, they will have access to the benefits granted via the Platform for the time that they continue to make the corresponding payments to the Plan that they have selected.
HARBIZ has the right to request a receipt and/or additional information for the purposes of verifying the Personal Data, as well as to temporarily or definitively suspend Users whose data could not be confirmed. In cases of disqualification, they shall be removed from the Platform, without this generating the right to any compensation.
HARBIZ has the right to reject any request for registration or to cancel a previously accepted registration without being obliged to disclose 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 it does not participate in the effective contracting between the Client User and the Trainer/Coach User in any way whatsoever.
On contracting the benefits that the HARBIZ Platform offers and/or on accepting the contracting request from a Client User via the Platform, the Trainer/Coach User shall be providing their express consent to the use of Stripe as the available method for collection of payment for the service offered and/or for contracting the benefits of the HARBIZ platform.
If a Client User requests and/or contracts the services of a Trainer/Coach User, HARBIZ shall be the facilitator so that the Client User can pay for the services provided by the Trainer/Coach User. To do this, HARBIZ shall make its own Stripe account available to both categories of Users so that these transactions can be carried out without any difficulty, thus facilitating the payment link between the Trainer/Coach User and each Client User.
To do this, HARBIZ shall offer the Trainer/Coach User the possibility of offering their prices, through the Web page that HARBIZ has allowed them to create and customise, and to execute them (collections, invoicing, renewals, amongst others) automatically and through the system made available by “Stripe”. All of the foregoing is in accordance with the payment collections that correspond to the prices that both categories of Users have agreed independently, thus facilitating the payment link between the Trainer/Coach User and each Client User. HARBIZ shall collect a management fee for the total amount transacted between both categories of Users, for the administration of the collection of these transactions.
Consequently, HARBIZ shall not be liable for any damage and/or harm that may be caused, which shall be the exclusive responsibility of the Trainer/Coach User and/or companies during the commercial management of their businesses. The Users undertake to hold HARBIZ harmless against any claim by third parties for any payment made or to be made by virtue of the use made by the Users of the Services for the management of their businesses.
– Payment method and form for the service offered by HARBIZ
The Service offered via the Platform shall be paid for by the Trainer/Coach User by means of the payment methodology offered by “Stripe”.
Amounts charged via the “Stripe” payment method shall take effect from confirmation of the order on the Platform with the issue of the corresponding invoice. The data used for payment for the services is neither managed nor stored by HARBIZ.
HARBIZ uses a secure payment gateway provided by “Stripe”, which guarantees the integrity and security of the communications and transactions according to the provisions of the Stripe Terms and Conditions in each jurisdiction in which it is used, which the Trainer/Coach User acknowledges and accepts with full rights on accepting these GT&C.
It is expressly stated that, in relation to non-European transactions, “Stripe” will be able to apply additional and/or different fees that correspond to the “Stripe” provider in relation to each jurisdiction where this payment methodology is in use.
The list of prices shall be those displayed on the Platform according to the corresponding plan in relation to the number of Client Users that have contracted the services of the Trainer/Coach User and/or that the Trainer/Coach User manages via the Platform. The prices may vary and be revised periodically in line with changes to charts and price lists of the HARBIZwebsites.
As a general rule, the list of prices of the products does not include Value Added Tax or similar, depending on the applicable tax jurisdiction, nor does it include any possible discounts and promotions applicable during the payment process.
In the event of a collection error on the order, the Trainer/Coach User must contact HARBIZ within 48 hours of the issue of the payment to request a refund.
Without prejudice to the stipulations of this clause, HARBIZ shall grant the Trainer/Coach User a period of 30 (thirty) days’ trial of the benefits offered by the Platform, all completely free of charge. Once the first 30 days have elapsed from the time of registration of the Trainer/Coach User, the Platform will require activation of its use by a payment method so that the Trainer/Coach User can continue to enjoy the benefits of the HARBIZplatform.
– Method and form of collection for the services offered by HARBIZ
The methods and forms of collection by HARBIZ for the service provided via the Platform shall be as detailed in this section, i.e. they shall be by means of the Stripe payment Platform and they shall be charged as follows:
- Collection by subscription: On starting to use the Platform, the Trainer/Coach User shall be on the lowest subscription level. As the Trainer/Coach User increases the number of their Client Users, the Platform shall make the upgrade corresponding to the number of Client Users who enjoy the provision of the service of the Trainer/Coach User. As the Trainer/Coach User accesses higher level plans (in relation to the number of Client Users that they contain), they shall benefit from advanced features. HARBIZ shall collect the payment corresponding to the relevant Plan via the “Stripe” payment method Platform.
- Collection for use of the payment module between both categories of Users (in-app payments): If the Trainer/Coach User wishes to manage their collections with their Client User via the Platform, HARBIZ shall manage their corresponding collections and payments via the Platform and with the Stripe collection and payment method. STRIPE directly applies its standard fees: Visa, Mastercard, American Express = 1.65% + 0.25€ for European cards and 3.15% + 0.25€ for non-European cards (2% extra for other currencies). HARBIZ collects a fixed monthly fee depending on the plan in which the trainer user is operating on the platform, with the following prices: starter €2.5, small €3.5, professional €5, Enterprise €5, unlimited €5.
In the event that the Trainer/Coach User sets up and adds to their profile an associated team of Collaborators who work under their supervision and name, they must be responsible for the payments corresponding to their Collaborators using the method agreed by both of them, all according to the special terms and conditions that are agreed between them. HARBIZ shall not collect or participate in any way in this transaction and shall not be liable in any way for any claim derived from these payments.
- USE OF THE PLATFORM AND USER License
The Trainer/Coach User also undertakes to abstain from using the Platform for any unlawful purposes or those contrary to what is set out in the GT&C.
HARBIZ offers the Trainer/Coach User access to HARBIZ in accordance with a limited, non-exclusive license, which may not be sub-licensed or transferred and may be revoked. The use of the HARBIZ Platform shall be personal at all times and in accordance with these GT&C.
In making use of the benefits provided by the Platform, the Trainer/Coach User shall be giving HARBIZ and its collaborators a perpetual, irrevocable, worldwide, non-exclusive right, royalty-free and completely sub-licensable and a license to use, reproduce, modify, adapt, publish, translate, distribute, produce and display said content, always by virtue of the proposed purposes.
By using the Platform, the Trainer/Coach User accepts and understands that HARBIZ may store their content for the time that they need to fulfill the purposes for which it was gathered.
If the Trainer/Coach User becomes aware of the existence of any unlawful or illegal content, against the law or that could involve an infringement of intellectual and/or industrial property rights, they must report it immediately to HARBIZ so that it can adopt the appropriate measures. It is expressly prohibited to use the Platform for purposes other than those contained in these GT&C. Therefore, HARBIZ shall not be liable for any inappropriate use or manipulation of the Platform.
The Platform may provide access to a variety of texts, charts, drawings, designs, codes, software, photographs, images, expressions and information belonging to HARBIZ or to third parties to which the Trainer/Coach User may have access. The Trainer/Coach User assumes responsibility for the use of the Platform and undertakes to make lawful, diligent, honest and correct use of the information or content to which they have access via the Platform, all under the principles of good faith and in compliance at all times with the legal system in force and these GT&C.
For information purposes, but not exhaustively, the Users must not:
i. Register or disclose information that is not truthful, accurate, complete and/or up-to-date, or access the Platform using the name, identification details or access codes of another Usuario or impersonate any other person or identity. Furthermore, the Trainer/Coach User shall be responsible for reporting to HARBIZ any modification and/or change in any of the details disclosed to HARBIZ.
ii. Cause, either maliciously or intentionally, any damage or harm that could undermine or disrupt the Platform, or introduce or disseminate computer viruses that could lead to unauthorized disruption of the contents or systems that make up the Platform. The User must not scan or test the vulnerability of any HARBIZ system or network, or infringe any security or authentication method, nor must they attempt to decode or disassemble the software used by HARBIZ to offer the services via the Platform.
iii. Use the Platform for fraudulent purposes, or any purposes related to criminal offenses or unlawful activities of any type.
iv. Reproduce, copy, distribute, convert or modify the information and the content hosted on the Platform, unless they have authorization from the holder of the corresponding rights.
v. Use the Platform to send, use or reuse material that contains any type of information that is illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening, or that involves an infringement of copyright, registered trademarks or confidentiality, privacy or any other right or that is otherwise offensive or censurable for third parties, or the content of which contains computer viruses, political propaganda, advertising content and, in general, any kind of nuisance or unnecessary inconvenience.
vi. Use the Platform to send, use or reuse material that contains any type of information that is illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening, or that involves an infringement of copyright, registered trademarks or confidentiality, privacy or any other right or that is otherwise offensive or censurable for third parties, or the content of which contains computer viruses, political propaganda, advertising content and, in general, any kind of nuisance or unnecessary inconvenience.
vii. Promote or foster third parties carrying out any of the above practices or contributing to them.
viii. Send and/or upload:
● Material that is defamatory for any person.
● Any obscene, offensive or defamatory material.
● Any sexually explicit material.
● Any material that promotes violence.
● Any material that promotes discrimination on the grounds of race, sex, religion, nationality, disability, sexual orientation or age.
● Any material that promotes discrimination on the grounds of race, sex, religion, nationality, disability, sexual orientation or age.
● The privacy rights of any other person.
● The personal data of another person, unless it can be guaranteed that this person has consented to be subject to these GT&C.
● Any material that promotes any illegal activity.
● Threats, abuse or invasion of privacy of another person.
● Content that causes a nuisance, inconvenience or unnecessary anxiety.
● Harassment, nuisance or content that embarrasses, alarms or is a nuisance to any other person.
● Content through which the identity of another person is stolen.
Any content that the Trainer/Coach User uploads to the Platform shall be considered non-confidential and HARBIZ has the right to use, copy and disclose such content to third parties for predesignated purposes. HARBIZ has the right to reveal its identity to any third party that complains that any content sent constitutes an infringement of their intellectual property rights or their privacy rights.
HARBIZ shall not be liable to any third parties for the content or the accuracy of any content sent. HARBIZ has the right to remove any content or advertisement sent via the Platform at its complete discretion.
HARBIZ shall have the right to investigate and report any of the behaviors mentioned following the Law, as well as to collaborate with the authorities in the investigation of such actions.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Platform (website and app) including, but not limited to, its programming, publication, compilation and other elements necessary for its operation, the designs, logos, texts and/or graphics are the property of HARBIZ.
The Users acknowledge that the reproduction, modification, distribution, marketing, decompilation, disassembly, use of reverse engineering techniques or any other medium to obtain the source code, transformation or publication of any result of tests of unauthorized references of any of the elements and utilities integrated in the development constitutes an infringement of the intellectual property rights of HARBIZ, thereby undertaking, as a result, not to carry out any of the above-mentioned actions.
All the content of the Platform is duly registered and protected by the Intellectual and Industrial Property Regulations, as well as bindingly recorded in the corresponding public registers. Irrespectively of the purpose for which it was intended, its full or partial reproduction, use, operation, distribution and marketing requires in any case express, prior authorization in writing from HARBIZ.
The designs, logos, texts and/or graphics that do not belong to HARBIZ and that may appear on the website or on the application belong to their respective owners, and they are liable for any possible dispute that may arise with respect to them.
The third-party owners of intellectual and industrial property rights over photographs, logos and any other symbols or content included in the Platform have granted the corresponding authorizations for their reproduction, distribution and availability to the public.
- THIRD-PARTY APPLICATIONS
The services of HARBIZ are integrated with third-party applications, websites, and services (Third-Party Applications) to make their products, services, and content available to Users. These third-party Applications may have their Terms and Conditions of Use and Privacy Policies, which govern the use made of them by the Users. The Users understand and accept that HARBIZ shall accept no liability for the performance, characteristics, or content of Third-Party Applications used on the Platform, as well as any transaction outside the scope of activity of HARBIZ that they may carry out with the provider of said Third-Party Applications.
- LIABILITY AND GUARANTEES
HARBIZ is not liable for the information, files, or any other content published by Users, nor does it approve any content that Users may decide to send. Therefore, HARBIZ shall not be liable, directly or indirectly, or vicariously, for any damage or harm of any kind that may be derived from the communications made or content included on the Platform.
For information, HARBIZ shall not be liable for:
- Meeting the personal needs or requirements of the Trainer/Coach User in relation to the resources provided by the Platform.
- Any direct or indirect and/or intangible damage, including personal injuries suffered as a result of incorrect use of the Platform.
- Loss of reputation, image or data that might occur during the use of the Platform.
- Lack of availability, maintenance, and effective operation of the Platform, with an exclusion, to the highest extent permitted by current legislation, of any liability for damage and harm of any kind that may be due to the lack of availability or continuity of operation of the Platform.
- Any defect, error or problem with the operation of the Platform.
As a result, HARBIZ does not guarantee that the use that Users may make of the content and services that may be included in the Platform are in line with these Terms and Conditions, nor that they do so diligently. HARBIZ cannot guarantee the identity of any other Userof the Platform.
HARBIZ reserves the right of admission to and exclusion from its Platform at its own discretion. Specifically, any Trainer/Coach User who does not comply with the rules contained in these Terms and Conditions or who makes inappropriate use of the Platform may be excluded from it.
HARBIZ reserves the right to (i) delete, suspend, edit or modify the content of the Platform at its complete discretion, at any time, without notice and for any reason whatsoever, and (ii) delete, suspend or block any use that the Trainer/Coach User may make of the Platform.
HARBIZ also reserves the right to read, retain, disclose and access any information that it considers reasonably necessary to(i)comply with the applicable legislation or any legal or government requirement or request, (ii) ensure compliance with these GT&C, including the investigation of potential infringements hereof, (iii) detect, prevent or manage fraud, security or technical issues (iv) answer requests for support from Trainer/Coach Users or (v) protect the rights, property or security of HARBIZ and its Users.
However, HARBIZ declares that it has adopted all necessary measures, within its possibilities and the state of the art, to guarantee the Platform operations and avoid the presence and transmission of viruses, as well as other components that may be harmful to Users.
10.1 Legal responsibilities of the Trainer/Coach User with respect to HARBIZ .
- The Trainer/Coach User undertakes to comply with these GT&C and the regulations that apply to the provision of their services. Specifically, the Trainer/Coach User shall be fully liable for the use, where applicable, of the personal information relating to the health of the Client Users and their compliance with the data protection regulations.
- In no case shall HARBIZ be liable for any damage and/or harm and/or losses of any kind that Users may suffer as a result of or due to the contract between them and nor shall it be liable for the terms of contract agreed between the Trainer/Coach User and the Client User.
- HARBIZ only consists in offering a Platform to facilitate the encounter between the Trainer/Coach User and the Client User in order to carry out the service of connection between the Parties. Furthermore, on accepting the service from HARBIZ, the Trainer/Coach User accepts and acknowledges that HARBIZ shall not be liable for any act committed by the Users and/or by third parties, including but not limited to withdrawals from contracts for the services provided by the Trainer/Coach User or cancellation of these services, delays, losses, lack of corresponding registration for exercising the profession, and others. Users accept that they have to be aware of and accept that by using the services offered by the Platform they must assume, under their exclusive responsibility, the risks that this involves.
10.2 Suspension and cancellation of the services
HARBIZ may suspend, temporarily and without notice, access to the Platform due to maintenance, repair, update or improvement operations.
In particular, HARBIZ reserves the right to delete, limit or prevent access to its Platform when technical difficulties arise due to events or circumstances outside the control of HARBIZ which, in its opinion, reduce or remove the standard security levels adopted for suitable operation of the Platform.
HARBIZ shall accept no liability for the lack of availability, maintenance and effective operation of the Platform, excluding, to the highest extent permitted by current legislation, any liability for damage and harm of any kind that might be due to lack of availability or continuity of operation of the Platform.
Nor shall HARBIZ assume any liability for the cancellation or suspension of services on the Platform for reasons that are not attributable to it. In any case, HARBIZ undertakes to solve any problems that may arise and to offer all support necessary to the Trainer/Coach User in order to reach a rapid and satisfactory solution of the incident.
10.3 Force majeure
HARBIZ shall not be liable for any cases of force majeure, these being understood as a failure, suspension, or interruption of the services or use of the Platform, as a result of the unavailability of the Internet network, actions or omissions of third parties, or any other causes or circumstances outside the control of HARBIZ that prevent normal use of the Platform.
The Application may contain hyperlinks that allow the Trainer/Coach User to access third-party platforms or websites. HARBIZ assumes no liability for the content, information or services that may appear on said platforms, which shall be understood as offered exclusively for information purposes by HARBIZ, and which in no case shall imply any relationship, acceptance or endorsement between HARBIZ and the people or entities that own such content or owners of the sites where it is located.
In these cases, HARBIZ shall not be liable for establishing the General and Special Terms and Conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, shall not be considered liable for them.
HARBIZ does not have any faculty or human or technical resources for knowing, controlling or approving all the information, content, products or services provided by other web pages to which links may be established from the Platform. As a result, HARBIZ shall not be able to assume any kind of liability for any aspect relating to the web pages to which a link may be established from the Platform, specifically, for information purposes and not exhaustively, regarding their operation, access, data, information, files, the quality and reliability of their products and services, their links and/or any of their content, in general.
However, in the event that HARBIZ obtains effective knowledge that the activity or the information referred to from these links is unlawful, constitutes a crime or could harm the property or rights of a third party, it shall act with the diligence necessary to delete or disable the corresponding link as soon as possible.
The Users shall hold harmless, defend and exonerate HARBIZ from any 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 for any charge, action or lawsuit, including but not limited to the reasonable legal costs that result from any material that they have provided to HARBIZ through any inappropriate use of the services that HARBIZ provides or in violation of these GT&C. HARBIZ shall notify them promptly of any lawsuit, action or proceedings by means of the data that they provided at the time of registration for the services that the HARBIZ platform offers. By accepting these GT&C, Users acknowledge and accept that HARBIZ had no direct or indirect liability in relation to the services contracted between the Trainer/Coach User and each Client User an/or with third parties.
- TERM, PROTECTION AND MODIFICATIONS
The terms and conditions that are published at the time when the Trainer/Coach User accesses the HARBIZplatform are understood as being in force.
If any provision of these GT&C is declared inapplicable or invalid, this provision shall be limited or deleted to the minimum extent necessary, such that the remaining terms and conditions and obligations retain their full validity and effect and are required to be complied with.
HARBIZ may delete, modify or replace the content of this document at any time, by publishing or sending a notification via the Platform or by email, without the possibility of the Trainer/Coach User being able to demand any compensation whatsoever.
- DATA PROTECTION
HARBIZ respects the privacy of its Users and will ensure that personal data is processed in accordance with current legislation. The User Trainer/Advisor agrees to comply with current legislation on data protection and exonerates HARBIZ from any claim by third parties or by the Spanish Data Protection Agency.
Users have the right to access, rectify, and cancel their personal data and/or information, including their email address, as well as to oppose the processing of the same and to be informed of the assignments carried out, all in accordance with the provisions of the applicable regulations.
To exercise this right, Users must send a letter addressed to the attention of the Data Protection Delegate DELVY ASESORES, S.L. to the address Passeig de Gràcia 50, floor 508007 Barcelona or send an email communicating their intention in writing to the email address DPO@harbiz.io.
In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), the User Trainer/Advisor undertakes to comply with the legislative requirements corresponding to its own database made up of its individual Client Users. Specifically, the User Trainer will be considered Responsible for the processing of its own database for the provision of its training service, being HARBIZ in charge of the processing as a provider of the Platform.
In this sense, HARBIZ undertakes to (i) use the personal data to which it has access only and exclusively to fulfill its contractual obligations to the User Trainer, and not to apply or use the personal data owned by the User Trainer for a purpose other than that agreed and (ii) take the necessary technical and organizational measures to ensure the security, integrity and confidentiality of personal data owned by the User Trainer to which it may have access.
Likewise, HARBIZ expressly states that the corresponding security measures are not only implemented, but are also included in an Activity Register, which is known and mandatory for all the staff with whom it works.
In addition, the User Trainer declares to comply with the principles established by the current legislation on personal data protection and exonerates HARBIZ from any claim by third parties or by the Spanish Data Protection Agency.
HARBIZ may translate these Terms and Conditions or any other policy that may be published on the Platform. The Spanish version shall be the one that prevails in the event of conflict with other translations.
- SETTLEMENT OF DISPUTES – LEGISLATION AND JURISDICTION
The parties undertake to agree in good faith their intention to settle any dispute concerning these GT&C. The HARBIZ GT&C are subject to Spanish law. The parties submit to the Law Courts and Tribunals of Madrid Capital.