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These General Terms and Conditions (hereinafter the”TyCG”) regulate, the download, access, navigation and use of the mobile application HARBIZ and the Website Www.harbiz.es (hereinafter, collectively referred to as the ”Platform”).
These TyCG are aimed exclusively at registered users of the Platform.
In compliance with the duty of information set out in article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we detail the details of the owner of the Platform below:
● Owner: DUDY SOLUTIONS S.L. (hereinafter,”HARBIZ”).
● N.I.F: B-88570239
● Registered Office: Calle Nuñez de Balboa 120, 28006, Madrid.
We call “Users” of the Platform any person registered or using the Platform. Anyone can register or use the Platform as long as they accept the TyCG together with all other policies and principles that govern the Platform and are detailed below.
HARBIZ only provides the Platform to bring the User so close that it offers its services on the Platform (hereinafter”User” and/or”User Trainer/Advisor”) as to the User interested in contracting such offers (hereinafter the”Customer User”, and in conjunction with the”User Trainer/Advisor” the”Users”).
Registration on the Platform for the Client User is free of charge under the conditions stipulated in the “Services” and “Payment Methods and Use Policies” section of these T&Cs. Once registered on the Platform, they will be a Customer User of the Platform.
It is expressly stated that HARBIZ only makes available to all its Users, through the Platform, a virtual link space (hereinafter the”service”). In the event that one or more Users or any third party initiate any type of claim or legal action against a User, each and every one of those involved in such claims or actions exempt from any liability HARBIZ and their directors, managers, employees, agents, operators, representatives and proxies.
The Service is limited to the provision of a technology platform that allows Users of the Platform to connect immediately and thus be able to meet the needs of some with the services of the counterparty.
The Client User knows and accepts that when carrying out transactions with other Users or third parties, they do so at their own risk and that they will evaluate the risks incurred when contracting the services offered by the chosen Trainer/Advisor User, taking due account of the risk and the selected medium.
The agreement and relationship between Users does not create any partnership, mandate, franchise, or employment relationship between HARBIZ and Users. Users acknowledge and accept that HARBIZ is not a party to any operation, nor does it have any control over the quality, security or legality of the required services, the veracity or accuracy of the profiles created, advertisements, and/or the ability of the User Trainer/Advisor to provide such services.
The TyCG, as well as the Privacy Policies and/or information on the Platform, apply to all Users of the Platform from the first moment they enter the Platform. These T&Cs are mandatory, binding and apply to all activities carried out on the Platform. If Users do not fully accept these T&Cs and the Privacy Policies, they should not use the Platform.
Users are responsible for ensuring that all people who access the Platform through their internet connection are aware of the TyCG and that they comply with them.
HARBIZ declares and states that it makes available the Service of a Technological Platform, which allows Users of the same to connect immediately, being able to approach the counseling and/or personal training service, covering fitness and/or nutrition offered by the Trainer/Advisor User to the Client User and/or the request of any Client User with the relevant service offer offered by the Trainer/Advisor User.
Users declare that such intervention and/or connection through the Platform must not configure for Users any type of employment relationship with HARBIZ.
By accepting the T&Cs, Users undertake to act at all times in accordance with the provisions established in the clause of this legal text. If they do not agree with all or part of these T&Cs, Users must refrain from installing and using the Platform.
The service 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, sectoral regulations and general criteria and practices.
By accepting these T&Cs, Users declare that they are 18 years of age or older and have full capacity to understand and accept the content of these T&Cs.
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 content and services after the entry into force of their modifications or changes in the conditions imply acceptance of them.
Access to certain content and the use of services may be subject to certain specific conditions, which, depending on the case, will replace, complete and/or modify these T&Cs and, in the event of a contradiction, the terms of the particular conditions will prevail over the General Conditions.
Before using, and/or requesting, such specific services offered through the Platform of HARBIZ, Users should carefully read the specific conditions created, if any, for this purpose by HARBIZ. The use, reservation and/or request of these specific services implies the acceptance of the particular conditions that regulate them in the version published by HARBIZ at the time that such use, reservation and/or contracting occurs through the Platform.
The Platform has been developed by HARBIZ with the purpose of providing a service for the provision of a Technology Platform that allows Users of the same to connect immediately and thus be able to meet the needs of one with the services of the counterparty.
The Client User can access all the necessary information corresponding to the Platform through the Platform. From there you can navigate and investigate in depth how it works.
The Benefits for the Customer User of the service that HARBIZ provided through the Platform are the following:
a.1. Receiving a personal invitation from a User Trainer/Advisor: In this case, the Client User must access the Platform through a URL where they will complete their own profile and can become an associate of the Trainer/Advisor User who sent them such an invitation.
a.2. For any reason: In the event that the Client User has reached the personalized page of any Trainer/Advisor User, he may contract the services offered by the same. In this case, the Customer User must complete the registration with the payment method included on that page and once his request has been accepted by the Trainer/Advisor User, he will become part of the associated team of the corresponding Trainer/Advisor User.
b.1. Chat: An unlimited Chat, where you can receive voice notes from the Trainer/Advisor User and/or their associated team, as appropriate. This function will not be available in the opposite direction, in other words, the Client User will not be able to send voice notes to their Trainer/Advisor User and/or their associated team.
b.2. Groups: The Trainer/Advisor User will have the option of grouping their Client Users by categories, as they deem necessary. If the Client User is grouped under this modality, they may receive content shared by their Trainer/Advisor User and/or their associated team.
In order to use the Platform's services, acceptance of these T&Cs is necessary. The Client User may make use of the services of the Platform by prior personal registration on the Platform through the methodologies set out in point 4.a of these T&Cs.
To register on the Platform, the Client User must create an account, providing their email, 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 billing and payment details. At the time of registration, the Client User must declare that they are 18 years of age or the age of majority applicable to their place of residence.
Registration as Users can be done from the App itself HARBIZ, as well as from the website by entering the basic identification/alias data. Users guarantee that their data will be accurate, current and true. HARBIZ cannot guarantee the identity of registered Users, and is not responsible for improper or unauthorized uses of a registered User by third parties. In addition, the Client User guarantees that they have the particular conditions and qualifications required by current laws for the exercise of the provision of the service offered through the Platform, HARBIZ is exempt from any type of responsibility related to the specific qualifications and requirements required for the exercise of the profession provided through the Platform.
5.1 Custody of account access codes or passwords
The registered Customer User will be responsible at all times for the safekeeping of their password to access their User account, thus assuming any damages that may arise from their misuse, as well as from the transfer, disclosure or loss of the same, and must immediately inform HARBIZ if you have reason to believe that your access code or password has been used in an unauthorized manner or is likely to be used in an unauthorized manner.
In any case, access and/or use of the Platform carried out under the registered Customer User's access code or password will be deemed to have been carried out by said User, who will in any case be responsible for such access and use.
5.2 Customer User Profile
Once the Client User has created an access account to the Platform, they will have access to a profile where they can complete their personal data as established in the Platform.
HARBIZ you have the right to request any additional proof and/or data for the purpose of corroborating Personal Data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed. In cases of disqualification, they will be removed from the Platform, without giving rise to any right to compensation.
HARBIZ you have the right to reject any request for registration or cancel a previously accepted registration, without being obliged to communicate or state the reasons for your decision and without this giving rise to any right to compensation and/or compensation.
HARBIZ is a digital platform and does not participate in the effective contract between the Client User and the Trainer/Advisor User, in any way.
By contracting the benefits that the Platform of HARBIZ provides and/or when accessing the hiring of a Trainer/Consultant User through the Platform, the Client User will be giving their express consent to the use of “Stripe” as the available form for collecting payment for the contracted service to the Trainer/Advisor User
In the event that a Client User requests and/or contracts the services of a User Trainer/Consultant, HARBIZ will be the facilitator so that the Client User can pay for the services provided by the Trainer/Advisor User. For this purpose, the Trainer/Advisor User's Stripe account will be linked to the Client User's payment system so that such transactions can be carried out without any difficulty, thus facilitating the payment link between the Trainer/Advisor User and the Client User.
For this HARBIZ will provide the User with the system for making payments that correspond to the rates that both categories of Users have independently agreed, thus facilitating the payment link between the Trainer/Advisor User and each Client User. Consequently, HARBIZ will not be responsible for any damages and/or losses and other losses that may be caused, which will be the sole responsibility of the Client User during the use of the services provided by the selected Trainer/Consultant User. Users are obliged to keep harmless HARBIZ of any third-party claim for any payment made or due to the use made by Users of the Services to manage their businesses.
— Method and method of payment for the service offered by HARBIZ
The Service offered through the Platform will be free for the Client User, so that they must only pay for the services offered and actually contracted by the Trainer/Advisor User. In that case HARBIZ It will only manage payment between both categories of Users, depending on what they have freely agreed between them.
The data used to pay for the services are 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 provided in its Terms and Conditions of “Stripe” in each jurisdiction where it is used, which the Customer User recognizes and accepts in full right by accepting these T&Cs.
It is expressly stated that, in relation to non-European transactions, “Stripe” may apply additional and/or different fees that correspond to the “Stripe” provider for each jurisdiction where this payment methodology is being used.
The price list will be those marked on the User Trainer/Advisor website depending on the plan that the User offers to its community of Client Users, which is why HARBIZ does not participate in any way in the determination of such prices and the actual provision of the service. Prices may vary and be reviewed periodically in response to changes in the charts and price list of each User Trainer/Advisor.
The price list for services generally includes Value Added Tax or similar, depending on the applicable tax jurisdiction.
In the event of a billing error in the order, the Customer User must contact HARBIZ and/or with their User Trainer/Advisor so that either of them can manage the corresponding refund within 48 hours from the issuance of the payment. HARBIZ reserves the right to consider the Customer User's request for reimbursement eligible, since the Customer does not participate in any way in what has been agreed between the two categories of Users.
— Method and form of charging for the services offered by each USER TRAINER/ADVISOR
The methods and forms of payment for the service provided through the Platform will be for each User Trainer/Advisor as detailed in this section, that is, they will be through the “Stripe” payment platform, and they will be for the purpose of:
a.1 The Client User must enter the Platform and select the plan for which he wishes to hire the services of the Trainer/Advisor, depending on the benefits he wishes to obtain from it. The plans offered will be those created and stipulated by each User Trainer/Advisor independently. HARBIZ It will only facilitate collection between both categories of Users, and will do so at all times through the Platform with the “Stripe” payment method.
a.2 The Client User may receive an email from the Trainer/Advisor User, inviting them to register on the Platform. This invitation will consist of the receipt of a URL through which the Client User's registration on the Platform will be activated and the Client will have the associated Plan for each particular case.
The Client User also undertakes to refrain from using the Platform for illegal purposes or effects or contrary to what is established in the TyCG.
HARBIZ provides the Client User with access to HARBIZ under a limited, non-exclusive, non-sublicensable, non-transferable and revocable license. The use of HARBIZ it will be personal at all times and in accordance with these T&Cs.
The Client User, by making use of the benefits provided by the Platform, will be giving HARBIZ and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sublicensable right and a license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such content, always for the purposes proposed.
The Client User, when using the Platform, accepts and understands that: HARBIZ can keep your content for as long as you need it to fulfill those purposes for which it was collected.
If the Client User becomes aware of the existence of any content that is illegal, illegal, contrary to laws or that could constitute an infringement of intellectual and/or industrial property rights, he/she must immediately notify HARBIZ so that it can proceed with the adoption of appropriate measures.
The use of the Platform for purposes other than those set out in these T&Cs is expressly prohibited. Therefore, HARBIZ is not responsible for inappropriate use or manipulation of the Platform.
The Platform can provide access to a multitude of texts, graphics, drawings, designs, codes, software, photographs, images, expressions and information pertaining to HARBIZ or to third parties to which the Client User may have access. The Client User assumes responsibility for the use of the Platform and undertakes to make a lawful, diligent, honest and correct use of whatever information or content they have access through the Platform, and all this under the principles of good faith and with respect at all times to current legislation and the present TyCG.
By way of example, but not limited to, Users must not:
i. Register or communicate data that is not true, accurate, 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 Customer User is responsible for communicating to HARBIZ, any modification and/or variation of any of the data communicated to HARBIZ.
ii. It will cause neither maliciously nor intentionally damages that may impair or alter the Platform, nor will it introduce or spread computer viruses that may cause unauthorized 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 of HARBIZ, or to violate any security or authentication measure, as well as to attempt to decrypt or disassemble the software used by HARBIZ to provide services through the Platform.
iii. Use the Platform for fraudulent purposes, or related to criminal offences or illegal activities of any kind.
iv. Reproduce, copy, distribute, transform or modify the information and content hosted on the Platform, unless authorized by the owner of the corresponding rights.
v. 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 copyright, trademark or confidentiality, privacy or any other right, or is otherwise injurious or censorable to third parties, or whose content contains computer viruses, political propaganda, advertising content and, in general, any kind of annoyance or unnecessary inconvenience.
I saw. Download, send or distribute in any other way content or applications that may violate any legislation in force or that involve violating any right of any party.
vii. Promote or encourage third parties to carry out or contribute to any of the above practices.
viii. Send and/or upload:
● Defamatory material for anyone.
● Any obscene, offensive, defamatory material.
● Any sexually explicit material.
● Any material that promotes violence.
● Any material that promotes discrimination on the basis of 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 you ensure that that person has consented to be bound by these TyCG.
● Any material that promotes any illegal activity.
● Threats, abuses, or invasion of another person's privacy.
● Content that causes discomfort, inconvenience or unnecessary anxiety
● Harassment, annoyance, or content that embarrasses, alarms, or upsets anyone else.
● Content that impersonates the identity of another person.
Any content that the Client User uploads and/or sends through the Platform will be considered non-confidential and HARBIZ you have the right to use, copy and disclose such content to third parties for the intended purposes. HARBIZ you have the right to reveal your identity to any third party who claims that any content submitted constitutes a violation of your intellectual property rights, or your right to privacy.
HARBIZ will not be responsible to third parties for the content or accuracy of any content sent. HARBIZ you have the right to remove any content or advertisement sent through the Platform at your complete discretion.
HARBIZ you will have the right to investigate and report any of the above-mentioned behaviors in accordance with the Law, as well as to collaborate with the authorities in the investigation of such actions.
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, commercialization, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation or publication of any unauthorized reference test result of any of the elements and utilities integrated into the development constitutes an infringement of the intellectual property rights of HARBIZ, thus forcing himself not to carry out any of the above-mentioned actions.
All the contents of the Platform are duly registered and protected by Intellectual and Industrial Property regulations, as well as legally registered in the corresponding public records. Regardless of the purpose for which they were intended, total, partial reproduction, use, exploitation, distribution and commercialization requires in any case the prior, express and written authorization of HARBIZ.
Designs, logos, texts and/or graphics other than 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 regarding them.
Third parties who hold intellectual and industrial property rights to photographs, logos, and any other symbols or content included in The Platform have granted the corresponding authorizations for their reproduction, distribution and making available to the public.
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 own Terms and Conditions of Use and Privacy Policies, which are governed by these and how Users use them. Users understand and accept that HARBIZ is not responsible for the behavior, characteristics or content of the Third-Party Applications used on the Platform, as well as any transaction outside the scope of activity of HARBIZ that you can do with the provider of such Third-Party Applications.
HARBIZ is not responsible for the information, files or any other content published by Users, nor does it validate the content that Users do not decide to submit, so HARBIZ will not be responsible, either directly or indirectly, or subsidiarily, for damages of any nature derived from the communications made or content included in the Platform.
By way of example HARBIZ is not responsible for:
Consequently, HARBIZ does not guarantee that the use that Users may make of the content and services that, if any, are 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 who does not comply with the rules contained in this condition or makes an inappropriate use of the Platform may be excluded from it.
HARBIZ reserves the right to (i) remove, suspend, edit or modify the content of the Platform at your sole discretion, at any time, without notice and for any reason, and (ii) eliminate, suspend or block any use made by the User Trainer/Advisor of the Platform.
HARBIZ it also reserves the right to read, preserve, disclose and access any information it deems reasonably necessary for (i) comply with applicable legislation or any judicial or governmental requirement or request, (ii) enforce these T&Cs, including the investigation of potential violations of these T&Cs, (iii) detect, prevent or manage fraud, security or technical problems (iv) respond to requests for assistance to the Customer User or (v) protect the rights, property or safety of HARBIZ and its Users.
However, HARBIZ declares that it has taken all necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Platform and to prevent the existence and transmission of viruses and other harmful components to Users.
10.1 Legal Responsibilities of the Client User to HARBIZ.
10.2 Suspension and cancellation of services
HARBIZ you may temporarily suspend, without prior notice, access to the Platform for maintenance, repair, updating or improvement operations.
Especially, HARBIZ 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 that, at their discretion, 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 liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Platform, as well as the effective provision of the service by the Trainer/Advisor User.
HARBIZ nor does it assume responsibility 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 necessary support to the Client User to arrive at 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 services or use of the Platform, as a result of Internet network blocking, actions or omissions of third parties, or any other causes or circumstances independent of the will of HARBIZ that prevent the normal use of the Platform.
10.4 Hyperlinks
The Application may contain hyperlinks that allow the Client User to access third-party platforms or websites. HARBIZ assumes no responsibility for the content, information or services that may appear on these platforms, which will be understood to be offered exclusively for informational purposes by HARBIZ, and that in no case do they imply any relationship, acceptance or support between HARBIZ and the people or entities that own such content or owners of the sites where they are located.
In these cases, HARBIZ you will not be responsible for establishing the General and particular Terms and Conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, cannot be considered responsible for them.
HARBIZ does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other web pages to which links can be established from the Platform. Consequently, HARBIZ you cannot assume any type of responsibility for any aspect related to the web pages to which a link may be established from the Platform, specifically, by way of example and not limited to, for their operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their content, in general.
However, in the event that HARBIZ Once you have effective knowledge that the activity or information referred to from these links is illegal, constitutes a crime or may harm the property or rights of a third party, you will act with the necessary diligence to delete or disable the corresponding link as soon as possible.
Users will hold harmless, defend and exonerate HARBIZ of any damages, liabilities and costs that may arise as a result of a third-party claim against HARBIZ, and/or their officers and/or representatives and/or employees in any position, action or demand, including, but not limited to reasonable legal costs, resulting from any material they have provided to HARBIZ through any misuse of services that HARBIZ provides or in violation of these T&CG. HARBIZ will promptly notify them of any demand, action or process through the data that they themselves have provided at the time of registration in the services that the Platform HARBIZ offers. By accepting these T&Cs, Users acknowledge and accept that HARBIZ has no direct or indirect responsibility in relation to the services contracted between the User Trainer/Advisor and each Client User and/or with third parties.
The conditions that are published at the time the Client User accesses the Platform are understood to be in force HARBIZ.
If any provision of these T&Cs is declared unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining conditions and obligations remain in full force and effect and must be complied with.
HARBIZ you 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, with no possibility on the part of the Client User to demand any compensation.
HARBIZ respects the privacy of its Users and will ensure that personal data is processed in accordance with current legislation.
Users have the right to access, rectify, and cancel their personal data and/or information, including their email address, as well as to object to the processing of the same and to be informed of the transfers 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 RSM Spain Legal and Tax Advisors, S.L.P. to the address Calle de José Ortega y Gasset, 22, 24, 28006 Madrid or send an email communicating their intention in writing to the email address (...).
If you would like to learn more about the privacy policy of HARBIZ, visit the following link: https://HARBIZ.es/privacy-policy
HARBIZ you can translate these Terms and Conditions or any other policy that may be published on the Platform. The Spanish version will be the one that prevails in case of conflict with other translations.
For the resolution of any discrepancy, question or claim deriving directly or indirectly from the interpretation or execution of these T&Cs, the parties waive their own jurisdiction and submit to the jurisdiction of the Courts and Tribunals of the city where the Customer User is domiciled.
In accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online consumer disputes, HARBIZ informs you that, in the event of a dispute, Users resident in the European Union may use the “Online Platform for Dispute Resolution” developed by the European Commission, in order to try to resolve extrajudicially any dispute that derives from the provision of services by HARBIZ.
The Client User can access the “Online Dispute Resolution Platform” through the following link: http://ec.europa.eu/consumers/odr/
