TERMS AND CONDITIONS OF THE APP

 

1.         OWNERSHIP

We Care Technologies S.L. operates a platform that connects Users with Cleaning Service Providers. These Terms and Conditions govern the use of our services, including browsing the Platform, making bookings and interacting with Service Providers.

The purpose of this document is to establish the general conditions of use of the Cleanliness application (hereinafter, the Application), owned by We Care Technologies, S.L., with CIF/NIF B75513416, and registered in the Trade Register of Malaga in Volume 1, Folio 1, Section 8, Page 186162, Entry 1 (hereinafter, the Owner).

The registration and subsequent use of the Application requires the prior acceptance by the user of the general conditions of use in force. The Owner reserves the right to modify these conditions at any time, although such changes will be duly notified to the user.

The download and use of the application, attributes the condition of user of the same (hereinafter, the User) and implies the reading, understanding and acceptance of all the terms and conditions contained in this document.

However, the User should periodically review the postings regarding changes to the Terms of Use, and the User's continued use of the Application shall be deemed to constitute acceptance and assent to such changes.

These terms of use affect your legal rights and obligations regarding your use of the Application. If you do not agree to the terms contained herein, you must not register, access, or use the Application.

 

2.         GENERAL DEFINITIONS

* User: means any natural person accessing the Platform to book cleaning services provided by Service Providers.

* Service Provider: refers to a cleaning company or registered professional offering cleaning services through the Platform.

* Platform: refers to the online marketplace where Users and Service Providers can connect to contract cleaning services, operated by We Care Technologies SL.

* Booking: refers to the action of a User to book cleaning services through the Platform, using the general booking functions.

* Cancellation: refers to the process by which a User or Service Provider cancels a booking prior to the scheduled service.

 

3.         USE OF THE PLATFORM

To use the Platform, you must be at least 18 years of age and have the legal capacity to enter into binding contracts.

Users and Service Providers must create an account to access the Platform. You are responsible for maintaining the confidentiality of your account and password.

We Care Technologies SL grants you a non-exclusive, non-transferable, limited licence to use the Platform for personal or business purposes, provided that you comply with these Terms and Conditions. We Care Technologies SL reserves the right to modify, suspend or terminate access to the Platform at its sole discretion, without notice. All content on the Platform, including logos, trademarks and service descriptions is the property of We Care Technologies SL or its licensors. You agree not to use or modify any content on the Platform without express permission (See section 4 of the following Terms and Conditions).

 

4.         INTELLECTUAL PROPERTY RIGHTS

The Application is a work composed of various integrated and inseparable elements (text, illustrations, photographs, animated images, videos, computer programs, etc.), whose intellectual property rights, by virtue of the provisions of current legislation on the subject, correspond to the Owner, except in relation to those materials obtained under licence, authorisation or with the consent of third parties.

The Owner and the third party licensors shall retain at all times the intellectual property rights over the Application, as well as over the different elements of which it is composed, considered individually, in all copies made (whatever the medium on which they are incorporated), granting them only the right of use.

Any rights not expressly granted shall be deemed to be reserved in favour of the Owner and the licensors of individual content or elements.

The Owner holds the intellectual property and exploitation rights over the software used for the development and operation of the Application, and shall be entitled to download and install new versions of the Application software, updates and improvements, in order to improve the functionalities of the service.

The user does not acquire any right or licence for the contracted service, over the software necessary for the provision of the service, nor over the technical information for monitoring the service, with the exception of the rights and licences necessary for the use and correct functioning of the Application.

In addition to the above, the Owner is responsible for the selection, design of the structure and layout of the contents of the Application, as well as the person who has taken the initiative and assumed the risk of making the substantial investments aimed at obtaining, digitalising and presenting the same, therefore corresponding to him/her the protection that the Intellectual Property Law (LPI) may grant on said layout and structuring of data.

The Owner is also the sole owner of the design and graphic image of the Application, and reserves the right to take legal action against any persons who may imitate or make unfair use of the same.

 

 

5.         USER RESPONSIBILITY

Accurate information: Users must provide accurate and complete information when booking cleaning services, including location and any special requirements.

5.2. Cancellation Policy: Users may cancel a booking up to six (6) hours prior to the scheduled service for a full refund. If cancellation occurs within six hours prior to service, no refund will be issued.

5.3. Cleaning products: Users are responsible for selecting the necessary cleaning products at the time of booking. If cleaning products are selected, the Service Provider will bring them. Otherwise, the User must provide their own.

5.4. Respectful behaviour: Users agree to behave respectfully towards Service Providers and to refrain from any conduct that may be considered inappropriate or abusive.

5.5. Payment: Users must pay for the services provided in full, including applicable taxes, fees and service charges, at the time of booking. Payments are processed through Stripe Connect.

 

6.         SERVICE PROVIDER RESPONSIBILITIES

6.1. Registration: Service Providers must be registered with We Care Technologies SL and comply with the rules and policies of the Platform.

Quality of Service: Service Providers are responsible for ensuring that cleaning services meet industry standards and are completed as agreed in the booking.

6.3. Cancellation: Service Providers must inform We Care Technologies SL promptly if they are unable to fulfil a booking. If a Service Provider cancels after accepting a job, penalties may apply, including reduced visibility for future bookings.

6.4. No-show: If a Service Provider fails to show up for a scheduled booking without prior notice, he/she may be removed from the Platform.

6.5. Cleaning products: The Service Providers must provide the necessary cleaning products if the User has selected this option when making the booking.

6.6. Compliance with Legislation: Service Providers must comply with all applicable local laws, including labour, tax and health regulations. The Service Provider is responsible for providing its own equipment and cleaning products unless otherwise specified by the User.

 

7.         LIMITATION OF OWNER'S LIABILITY

The Owner does not guarantee that, during the use of the Application, there will be no failures or errors that may hinder the use of the service, generate imperfections, problems or delays in the system.

Provided that the Owner has acted with due and necessary diligence, the Owner shall not be liable for: losses not caused by the Owner's breach of the provisions of these terms and conditions; losses not reasonably foreseeable by either party; content disseminated or published by other users, when it infringes the rights of third parties, or is illegal, violent, offensive or inappropriate content.

8.         PAYMENT METHODS AND CONTRACTING PROCESS

8.1. Service Fees:

The total amount of the cleaning service, including any additional products or services, is shown at the time of booking. The User shall pay this amount at the time of booking confirmation.

8.2. Fixed fee:

We Care Technologies SL charges a fixed fee for each service provided by a Service Provider. This fee is deducted from the total payment made by the User.

8.3. Payment processing:

Payments are processed securely through Stripe Connect, and Users agree to abide by Stripe's terms and conditions. The payment method used will be charged at the time of booking.

8.4. Refunds:

Users are entitled to a full refund if they cancel a booking at least 6 hours before the scheduled start of the service. No refunds will be made if the cancellation occurs within 6 hours prior to the scheduled time. Refunds will be made in the same form of payment used.

8.5. Cancellation charges:

In case of a cancellation initiated by the User within 6 hours after the service has been provided, no refund will be issued. However, in exceptional cases such as emergencies, the Platform may review and process a refund on a case-by-case basis.

8.6. Service Time Extension: 

The extension of the time is not allowed, as the Service Provider must respect it. The user should be aware that the selected time is the maximum time the Service Provider would spend at his location.

 

9.         RETURN

9.1. Cancellations by the user:

Users may cancel a booking up to 6 hours before the scheduled time for a full refund. After this time, no refund will be issued.

 

9.2. Cancellations by the Service Provider:

If a Service Provider cancels after accepting a booking, the User will receive a full refund, and the Service Provider may face penalties, including reduced visibility or removal from the Platform.

9.3. No-show policy:

If a Service Provider or User fails to show up for a scheduled service without prior notice, no refund will be issued and penalties may apply.

9.4. Reprogramming:

Users and Service Providers may reschedule a service based on mutual agreement and availability. Rescheduling is subject to approval by the Platform and may incur additional charges.

9.5. Reimbursement process:

Refunds will be processed through Stripe Connect to the original payment method used by the User. Processing times depend on Stripe's terms and conditions.

 

10.   CANCELLATION AND REFUND POLICY

At We Care Technologies SL, we strive to provide a seamless experience for both Users and Service Providers. However, due to the nature of our services, we understand that sometimes cancellations may be necessary. This policy outlines the terms and conditions under which cancellations and refunds will be processed.

10.1. User cancellations

10.1.1. General cancellation policy:

Users may cancel a booking at any time, but eligibility for a refund will depend on the timing of the cancellation in relation to the scheduled service. Cancellation must be made through the Platform.

10.1.2. Full refund (cancellation period of 6 hours):

If the User cancels the booking at least 6 hours before the scheduled start time, the User will receive a full refund. The refund will be processed in the same payment method used during the booking, in accordance with Stripe's policies.

10.1.3. No refund (less than 6 hours before the service):

If the User cancels the booking within 6 hours prior to the scheduled start time, no refund will be issued. This applies to all cancellations, regardless of the reason. Users are advised to check their schedules carefully before confirming a booking.

10.1.4. Cancellation process:

To cancel a booking, Users must log in to their account on the Platform and select the booking they wish to cancel. Once the cancellation has been processed, a confirmation email will be sent. If there are any problems with the cancellation request, please contact our customer service team.

10.1.5. Exceptions for Ref1.5 Exceptions for reimbursement:

In cases of extreme circumstances, such as medical emergencies or other extraordinary events, Users may request a refund exception. This will be reviewed on a case-by-case basis, and We Care Technologies SL reserves the right to approve or deny the request.

 

10.2. Cancellations by the Service Provider

10.2.1. Cancellation by the Service Provider prior to acceptance of the work:

If a Service Provider cancels a job before accepting the booking, the User will be notified, and the booking will be considered cancelled. In this case, the User may rebook with another Service Provider at no additional charge.

10.2.2. Cancellation after acceptance of the order:

 If a Service Provider cancels the booking after accepting the service, the User will receive a full refund for the booking. In this case, the Service Provider may face penalties, including reduced visibility or suspension from the Platform.

10.2.3. Failure to appear:

If a Service Provider fails to show up for a scheduled service without notifying the User or the Platform, this will be treated as a breach of service. The User will receive a full refund, and the Service Provider may be removed from the Platform after a review of the circumstances.

10.2.4 Penalties for late cancellation or no-show by Service Providers:

Repeated cancellations or no-shows by Service Providers will result in penalties, such as reduced visibility on the Platform, suspension of accounts or permanent deletion. Service Providers are encouraged to notify Users promptly if they are unable to fulfil a booking.

 

10.3. Reimbursement process

10.3.1. Method of reimbursement:

Refunds will be processed to the original payment method used for the booking. Depending on the payment provider (e.g. Stripe), it may take 7-10 working days for the refund to appear in the User's account.

10.3.2. Payment processing through Stripe Connect:

All transactions are processed through Stripe Connect. Users agree to comply with Stripe's policies governing payment processing, including any applicable fees or delays in processing refunds. Please see Stripe's Terms of Service for more information on payment processing.

 

10.3.3. Partial reimbursements for services initiated:

If a service has commenced (i.e. the Service Provider is already on site) and the User cancels, no refund will be issued unless the Service Provider is unable to complete the service as agreed. In cases of partial services completed, a partial refund may be provided based on the service performed, but this is subject to the Platform's review and discretion.

10.3.4. Exceptions for special services:

In the case of special services (e.g., deep cleaning, post-construction cleaning), cancellations may not qualify for a full refund if the service has already required special arrangements or if additional equipment has been prepared specifically for the booking.

10.3.5. Late reimbursements:

In the event of delayed refunds, Users should contact our customer service team. We will investigate the problem and work to resolve it quickly, although we are not responsible for delays caused by third party payment processors such as Stripe.

10.4. Non-reimbursable cases

10.4.1. Failure to provide access:

If the User does not provide the Service Provider with access to the cleaning area, or if the area is not ready for cleaning (e.g. excessive clutter, closed doors), the booking will be cancelled without refund. It is the responsibility of the User to ensure that the service area is accessible at the time of the appointment.

10.4.2. Incorrect service data:

If the User provides inaccurate data (e.g. incorrect address, incorrect cleaning specifications) or changes the scope of service after the booking has been confirmed, no refund will be issued. Additional charges may apply for any extra services required to complete the cleaning as requested.

10.4.3. Violation of the Platform's policies by the User:

If the User violates the Terms and Conditions of the Platform (e.g. abusive behaviour towards Service Providers, providing false information), the booking may be cancelled without refund, and the User may be suspended or banned from the Platform.

10.4.4. Excessive cancellations by the User:

If a User repeatedly cancels or reschedules bookings within a short period of time, the Platform reserves the right to charge a cancellation fee or suspend the User's account. This measure is intended to prevent abuse of the cancellation policy.

10.4.5. Problems not attributable to the Service Provider:

If a Service Provider encounters problems beyond its control (e.g. traffic delays, medical emergencies) that delay the service, the User may choose to reschedule the service but will not be entitled to a refund unless the Platform determines otherwise after reviewing the case.

 

10.5. Dispute resolution for refunds

10.5.1. Dispute process:

If a User disagrees with the refund decision, they can submit a complaint to our customer service team. We will review the dispute within 7 working days and communicate a resolution to you. Our decision will be final unless the dispute requires legal action.

10.5.2. Contacting customer service:

For refund related queries, please contact our support team at [email/support phone number]. Please include your booking reference number and a detailed description of the problem.

10.5.3. Scaling process:

If you are not satisfied with the resolution provided by customer service, you can escalate the matter to the Platform's dispute resolution team, who will investigate the case further.

 

11.   RIGHT OF WITHDRAWAL

Based on the provisions of art. 103 of the General Law for the Defence of Consumers and Users, the right of withdrawal is excluded due to the following reason:

·       Service already started and loss of the right of withdrawal once it has been fully executed.

 

-              WITHDRAWAL FORM

(You should only complete and send this form if you wish to withdraw from the contract or service contracted).

o   Attn: (here you should insert the name of the company, full address and, if available, telephone, fax and e-mail numbers):

o   I/We hereby inform you(*) that I/We hereby withdraw from my/our(*) contract for the sale of the following good/provision of the following service(*).

o   Ordered on/asked for on(*).

o   Name and address of the consumer(s) and user(s).

o   Date and signature of the consumer(s) and user(s).

 

12.   LIMITS OF LIABILITY WEB OWNER

12.1. No Responsibility for the Quality of Service:

We Care Technologies SL is not responsible for the quality or outcome of the cleaning services provided by the Service Providers. We act as an intermediary to connect Users and Service Providers.

12.2. Limit of Liability:

The liability of We Care Technologies SL is limited to the amount paid by the User for the specific service in question. We are not liable for any indirect, consequential or incidental damages.

12.3. Force majeure:

We Care Technologies SL accepts no liability for any failure to perform its obligations due to circumstances beyond its control, including but not limited to natural disasters, strikes or other events beyond our reasonable control.

12.4. Compensation:

Users and Service Providers undertake to indemnify and hold We Care Technologies SL harmless against any claim, damage or expense arising from their use of the Platform or their breach of these Terms and Conditions.

 

13.   CANCELLATION AND SUSPENSION OF THE ACCOUNT

13.1. Suspension of User Account: We Care Technologies SL reserves the right to suspend or terminate any User account for violations of these Terms and Conditions, including non-payment, abusive behaviour or fraudulent activity.

13.2. Suspension of the Service Provider's account: Service Providers who repeatedly cancel bookings, fail to show up or violate Platform standards may be suspended or removed from the Platform.

13.3. Account cancellation: Either a User or a Service Provider may cancel their account at any time by notifying We Care Technologies SL. Upon cancellation, the account will be deactivated and access to the Platform will be revoked.

13.4. Effect of cancellation: Upon termination of an account, any outstanding balance on the account shall be cancelled.

13.5. Cancellation of accounts: Either a User or a Service Provider may cancel their account at any time by notifying We Care Technologies SL. Upon cancellation, the account will be deactivated and access to the Platform will be revoked.

13.6. Effect of cancellation: Upon cancellation of an account, any outstanding payments or disputes will continue to be processed in accordance with these Terms and Conditions.

13.7. No refund for cancellation: No refund of commissions and service fees will be made in the event of account cancellation.

 

14.   NON-SOLICITATION CLAUSE

14.1. Prohibition of direct contracting:

Users and Service Providers undertake not to request, contract or contract directly with each other for cleaning services outside the Platform during the contract and for 12 months thereafter. All transactions must be processed through the We Care Technologies SL platform.

 

 

14.2. Subject matter and scope:

This clause ensures that all transactions occur within the Platform, maintaining the commission structure and payment processing through Stripe Connect. Bypassing the platform is prohibited.

14.3. User restrictions:

Users agree not to offer or agree to pay for cleaning services directly with Service Providers outside the Platform, whether on a one-off or recurring basis.

14.4. Restrictions on Service Providers:

Service Providers agree not to offer cleaning services to Users outside the Platform, nor to encourage direct payments, in order to avoid commissions and payment processing fees.

14.5. Enforcement and sanctions:

Violation of this clause may result in account suspension, termination or legal action. Service Providers found to be directly soliciting Users may face sanctions such as reduced visibility or removal from the Platform.

 

15.   PROTECTION OF PERSONAL DATA

In accordance 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 (General Data Protection Regulation - GDPR), any information or personal data provided by the User through the use of this App will be treated in accordance with the provisions of our Privacy Policy.

 

16.   MODIFICATIONS

The Owner reserves the right to make, without prior notice, any modifications it deems appropriate for the correct functioning of the Application, and may change, delete or add both the content and services provided through it, and the way in which they are presented or located.

The Owner will try, as far as possible, to keep the information contained in this Application up to date and free of errors, although, in any case, access to and use of the same is the sole responsibility of the User.

 

17.   APPLICABLE LAW AND DISPUTE SETTLEMENT

17.1. Governing Law: These Terms and Conditions are governed by and construed in accordance with the laws of Spain.

17.2. Dispute Resolution: Any dispute arising from the use of the Platform or these Terms and Conditions shall be resolved by binding arbitration under the rules of the Spanish Arbitration Association. In addition, under the terms set out in Article 14 of EU Regulation 524/2013 on consumer dispute resolution, a direct link to the online dispute resolution platform is provided: https://ec.europa.eu/consumers/odr/main/index.cfm 

17.3. Seat: The seat of arbitration shall be in Spain, and any arbitration proceedings shall be conducted in the Spanish language.

17.4. Mediation of Disputes: Both Users and Service Providers agree to attempt to resolve disputes amicably through mediation before resorting to formal legal action.

17.5. Class action waiver: Any legal proceedings shall be conducted on an individual basis, and no party may join claims with any other party in a class action or representative action.

 

18.   LEGAL ACTION

In the event of breach by the User of the terms included in these conditions of use, the Owner shall be entitled to take any legal action which, in accordance with the legislation in force, may be appropriate, as well as to request the relevant compensation from the User.

The Owner shall prosecute any improper use of the Application or its contents, as well as any infringement of the rights to which it or its licensors are entitled, particularly with regard to intellectual and industrial property rights.

 

19.   CONTACT INFORMATION

If you have any questions, comments or concerns regarding these Terms and Conditions, please contact us at info@cleanliness.es