Terms and Conditions
Welcome, these Terms and Conditions describe the general conditions under which our company Simply Eelp, S.L. (Eelp!) provides personal care service through our Platform, consisting of our Apps and website. Please read them before requesting a service. By accessing our App and apply for a membership to be an Eelp! Client, you agree that our service is provided under these conditions. If you have any questions contact us before requesting the service. These terms and conditions of service have been updated as of October 24th, 2016.
1. Information about Eelp!
Simply Eelp, S.L. is a company founded in 2016, registered in the Commercial Register of Barcelona, Volume 45322, Folio 138, Sheet B 484133, Inscription 1, NIF B66745019 and with offices in the Palau de Mar, Plaza de Pau Vila, 1, Esc A, 2-3 08039 Barcelona.
Users and Clients of the Platform can contact Eelp! at all times through our email email@example.com
2. Service Description
Eelp! is a personal care service where Clients communicate with a team member (Eelper) through the App to delegate and commission the purchase and/or reservation of products and services that are required. The Eelpers answer requests from clients, and give a solution to every demand.
Once the Client has approved a service or purchase of a product to an Eelper, the Client pays to Eelp! through the mobile App, and Eelp! is responsible for hiring the service or product on behalf of the Client to the designated Provider.
Eelp! is responsible for overseeing the accomplishment of the service or delivery of the purchased products; collects invoices from Providers, and forwards them to the Client.
The Eelpers are available Monday to Friday from 09.00 to 22.00, except holidays.
3. Access and Registration of Clients
To be an Eelp!’s Client in the Platform , it is imperative that the following requirements are met:
- Being 18+ years old.
- Accept these terms and conditions during the registration in the App.
- Accept the privacy and data protection policies.
- Truthfully fill in the required fields of the registration form, in which personal data such as name, last name, phone number, credit card information are requested.
Every User of the Platform ensures that all data regarding their identity and legitimacy provided to Eelp! in the Platform’s registration forms are true, accurate, and complete. They also commit to keep their data updated. In the event that any false, inaccurate, or incomplete data is given; or if Eelp! considers that there are grounds to doubt the truthfulness, accuracy, and completeness of them, Eelp! can deny the access and use, present or future, of the platform, or any of its contents and/or services.
When registering in the Platform the User will select a username and a password. Both the username and password are strictly confidential, personal, and non-transferable.
The User agrees not to disclose the information an data concerning their account, and to not make them accessible to third parties. The User will be the sole responsible in case such data is used by third parties; including the statements made in the Platform, or any other action that is carried out by using the username and/or password.
Eelp! cannot guarantee the identity of the registered users, therefore will not be responsible for the use of the identity of a registered user by third parties that are not registered. The User agrees to immediately notify Eelp! in case of theft, disclosure or loss of their username or password, contacting firstname.lastname@example.org.
In order to be able to complete the registration as a Client in the Platform, the User must provide certain information such as full name, email address, telephone number, zip code, and credit/debit card information. Once registration is completed, any user can access their profile, and complete and/or edit it as appropriate.
4. Performance of the offered service
When a User registered as a Client needs to address any need, they contact an Eelper through the chat in the App, and requests a product or service, providing the necessary information, as detailed as possible. Likewise, they can also share photographic material through the App to identify the product or service or its location.
The Eelper proposes a Provider for the desired product or service, and an estimated price upon previous confirmation of availability. This budget must be approved by the Client. After confirmation, the desired product or service will be purchased/hired by the Eelper on behalf of the Client.
If the product or service is not available at the time of making effective the payment/booking, the Eelper will contact the Client to propose the alternative options.
In the event that the Client does not agree with any of the options presented by the Eelper, and consequently, is not interested in the alternative options, the Eelper will look again for options to offer a new solution to the Client.
Eelp! coordinates the provision of each service, or shipment of products purchased, and performs the necessary communications with Providers on behalf of its Clients regarding the contracted services or purchased products; and does not supply its Client’s information related to their email or phone number, except when the Client expressly indicates it.
If the service is the delivery of a product, Eelp! will ensure that it is delivered to the Client where and when the he indicates.
Also, Eelp! is responsible for receiving invoices from each Provider, and will forward them to each of its Clients. Once the product is purchased, or the service is finalized, the related bill will be sent to the Client.
5. Service rates and billing
In order for a User of the Platform to become an Eelp! Client, it is also required to select one of the 3 available plans during the registration process:
- Pay per Service: Allows to be attended by an Eelper from Monday to Friday from 9 am to 10 pm, except holidays, and you will only pay a small amount of money starting at € 1.49 for each service we manage for you.
- PREMIUM Plan : Allows to be attended by an Eelper from Monday to Friday from 9 am to 10 pm, except holidays, to manage a maximum of 10 services per month for € 29.
To pay for both the selected plan and the services of third-party Suppliers requested and the products purchased, the User must enter in the App the information of the credit card that they want to use to pay both the selected plan, as well as the requested services to third parties, and purchased products. The Client authorizes Eelp! to charge to the indicated credit card the monthly selected plan, from Client’s registration day, for as long as the service remains active.
Eelp! reserves the right to change the prices of their plans at any time, and will communicate to its Client about the new conditions when there is a change. These changes will take effect immediately upon publication or in the term Eelp! Communicates to the Client.
All prices of the listed plans include the Value Added Tax (VAT) or other taxes that may be applicable; and in every case will be expressed in Euro (€) currency.
6. Costs of services and products demanded to Eelp! and billing
The services required by the Client to an Eelper may have associated costs or not. Examples of free services for Clients are ordering a taxicab or booking in a restaurant. n the event that the service has an associated cost, the The Eelper will notify the Client in advance.
If the service has an associated cost, the Eelper will notify the Client through the chat before requiring the service. If the customer accepts the price estimated by the Eelper, the Client authorizes Eelp! to charge their credit card loaded in the App with the costs associated to the service, and hire or buy the product desired by the Client.
The Client assumes that in any case the economic value of some of the products that the Eelper offers them may vary in real time.
In the event that the final price of a product or service turns out to be higher than estimated by more than 10%, the Eelper will notify the Client and wait for re-approval of it provided that the Client has not previously authorized it through chat.
Eelp! commits to require Providers to commercialize their services and/or products at market prices, and will not accept any premium price. Eelp! reserves the right to not recommend Providers who do not meet this requirement
The Client expressly authorizes Eelp! to forward to the email address provided by them in the App, both Eelp!’s bills for the hired plan and those generated by the Provider of each service and product contracted by the Client
8. Providers Management
One of Eelp!’s main activities is to continuously find and select the best Providers of each service for our Clients. Although we are aware that due to the nature of our service, which allows our Clients to delegate all, it may happen that we have not evaluated some of these service providers and products prior to their hiring/purchase. In this case, Eelp! will propose those Providers to their Clients that it believes may provide a better service or product according to the assessment provided by the tools used by Eelp!
As Eelp! identifies those Providers that offer the expected guaantee for their provided services and sold products, they are offered the possibility to collaborate and show their profile in the Platform so the Clients can know them, and also contact them if they deem it appropriate too.
When the Client has hired a service or product offered by a Provider, Eelp! transfers the Client’s request for hiring to the Service Provider. Eelp! will mediate with the Service Providers on behalf of the Client, for payment services selected by the Client in its request to hire.
In case such Provider can not ultimately provide the service or product, Eelp! will make every effort to mediate the offer with the following most appropriate service Provider by notifying at all times the need for change to the Client, and requesting their approval.
The Client may always indicate to the Eelper their preferred service or products provider . The Eelper will take into consideration their preference, and will try to get the order for the Client with their favorite Provider. If this is not available in the terms desired by the Client, and said request cannot be made, Eelp! will help the Client and the Provider to arrange an alternative, or, if not possible, to find another Provider that meets the requirements, and will be proposed to the Client.
Eelp! is not required to guarantee success when mediating with a Provider, and cannot influence the acceptance of the offer made by the Provider.
Eelp! does not perform intermediation of employees, but performs exclusively intermediation of independent Providers.
It is the responsibility of the Provider to provide their services diligently with the highest quality standards and in compliance at all times, to the regulations that may apply, including hiring all permits and licenses required. The Provider shall be accountable to the Client, and is bound to compensate any damages resulting directly or indirectly from the provision of services to Eelp!’s Clients.
9. Right to quit and cancel services and purchased products
As a rule, the Client may cancel an order, as far as Eelp! has not already proceeded to purchase it, if it is a product request, and up to 24 hours before the service when it comes to a request for a service.
For both products and services, orders are particularly governed by the specific conditions of each of the Providers. Eelp! will mediate as much as possible so the cancellation policy is auspicious for the Client, and in the case of the provision of a service, so that the Client can in some cases cancel up to 2 hours before its execution, informing the Client when that is possible.
If the Client cancels a service or a product purchase, Eelp! will not charge any amount to the Client for processing the cancellation.
Eelp! can negotiate favorable conditions for its Clients in the event of cancellations for reasons beyond the Providers.
However, if according to Article 103 a) of Royal Decree 1/2007 of November 16th, approving the revised text of the General Law for the Protection of Consumers and Users, and according to the own nature of the services offered by the provider, it were considered that the execution of the service has started, and therefore the Client has no right to withdraw from the service request, the Provider may require payment for cancellation fees to the Client.
Moreover, if the provider had made the purchase of a product or hired a service once the Client has canceled an order, the Provider will attempt to recover the amount of the product or service; if not possible, the Client is responsible for dealing with said amount, whether they want to finally be delivered with the concerning product or service by the Provider.
10. Payment Security
For the safety of its Clients, Eelp! has relied in the payment system by credit card to a payment gateway, specifically the one used by the Banco de Sabadell SA. Provided bank information is encrypted and transmitted securely to servers in the bank, and then they are verified with the issuing bank to prevent fraud and abuse.
This method of data entry is secured with a 128-bits SSL encryption technology (Secure Socket Layer) . It is one of the most advanced and effective protection systems currently available, thanks to which, no third party will have Internet access to this information on banking data entered by the Client.
Only the Bank has access to the banking data linked to this payment method, so that Eelp! does not know or register any of these data during the payment transaction, or at any other time.
In order to ensure greater security to our Clients, Eelp! reserves the right to request the documentation regarding the identity and payment methods of the Client prior to the order purchase or service delivery.
Este procedimiento de introducción de datos está garantizado con tecnología de encriptación SSL (Secure Socket Layer) de 128 bits, uno de los sistemas de protección más avanzados y eficaces actualmente disponibles, gracias al cual, ningún tercero tendrá acceso vía Internet a esta información relativa a los datos bancarios introducidos por el Cliente
Únicamente el Banco tiene acceso a los datos bancarios vinculados a este medio de pago, de manera que Eelp! no conoce ni registra estos datos durante la operación de pago ni en cualquier otro momento.
Con el fin de garantizar la mayor seguridad a nuestros Clientes, Eelp! se reserva el derecho de solicitar los documentos correspondientes a la identidad y medio de pago del Cliente, previo a la compra del pedido o prestación del servicio.
Eelp! can collect, use, and share precise information about locations; including real-time geographic location of the client’ mobile device to efficiently manage the provision of the requested services. In this regard, Clients expressly agree that their geolocation data is shared with Providers in order to successfully provide the requested service at all times. This data will not be disclosed in any other case.
Eelp! requires Providers to comply with existing legislation and to have the necessary insurance coverage for the provision of their services.
Purchased products and provided services are governed by the specific conditions of each provider and by the current law.
Under no circumstances and to any extent, to the full extent allowed by law, Eelp! shall not be liable for direct or indirect damages, or consequential damages or loss of profits, for any damage arising from the use of products or services purchased in the app and/or website. Eelp! will not respond in any case for breach by the Provider of goods and/or services. This applies also, but not exclusively, in cases of violation of the conditions set out in the Service Agreement and the Terms and Conditions.
The Client explicitly agrees that by accepting the present general conditions, any liability derived from the use of the purchased products or services corresponds only and exclusively to the Client. The Client also undertakes to maintain Eelp! completely unscathed in all case of any damage, direct or indirect, not for consequential damages or loss of profits, that may be caused to them in connection to the acquired goods or services.
If the Client wants to proceed with the return of a product, or wishes to make a complaint about the performance of a service, they should contact the contracted Provider directly. In any case, Eelp! can collaborate with the management of the claim to facilitate the solution with the Provider.
13. Subsidiary "no guarantee" clause
Eelp! does not guarantee the authenticity, accuracy, novelty, reliability, legality or no-violation of third party rights by Providers. In this regard, Clients say they understand that Eelp! is an independent company that connects Clients and Providers, and assumes no liability derived from the information provided by Suppliers, or for any damages or losses that the Client may eventually suffer from a breach of these Terms and Conditions of Service. Hence, Eelp! will never be liable for the availability of the Providers, or the adequate and successful performance of services provided.
By becoming members of the Platform, Clients agree that any legal liability they may intend to exercise as a result of actions or omissions of Providers will be limited to those providers, not proceeding liability action against Eelp!.
14. Client's Unsubscription
The Client may unsubscribe from the Platform autonomously in the App, canceling the plan hired in their profile, communicating its intention to an Eelper through the chat, or communicating it by e-mail to the address email@example.com.
15. Obligations of all Users
Users are fully responsible for the access and proper use of their profile and other contents of the platform subjected to the current law, whether national or international, as well as the principles of good faith, morals, decency, and public order. And specifically, they commit to diligently observe these Terms and Conditions of the Eelp! Service.
Users will refrain from using their profile and other contents of the Platform for illicit purposes or effects that are detrimental to the rights and interests of others; or that in any way could damage, disable, affect or impair the Platform, its content and services. It is also prohibited to prevent the normal use or enjoyment of the Platform to other users.
Eelp! it can not be held responsible as publisher, and expressly states that it is not identified with any of the opinions that may emit the Users of the Platform, and the consequences of these is entirely responsible their issuer.
Those who violate such obligations shall be liable for any loss or damage they may cause. Eelp! is not responsible for any consequence, damage, or harm that may arise from such access or illicit use by third parties.
As a rule, users commit, included, but not limited, to:
- Not use the Platform for illegal or unauthorized purposes;
- Not host, store, disclose, publish, distribute, or share any content that may involve an unlawful interference or breach in any form of third party’s fundamental rights to honor, image and personal intimacy and family privacy, and very especially, minors ;
- Don’t publish on the platform, or on other User’s or their own profile any comments or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent, or otherwise contrary to morality or law and order;
- Not alter or modify, totally or partially, the platform by circumventing, disabling or manipulating in any other manner functions or services thereof;
- Don’t infringe the industrial or intellectual property rights, or the rules governing the protection of personal data;
- Not use the platform to injure, defame, intimidate, violate other’s image, or harass other users;
- Don’t access the email account of other users;
- Not introduce viruses, corrupted files, or any other computer program that may cause damages or alterations to the contents or systems of Eelp!, or of third parties;
- Don’t send emails with massive and/or repetitive character to a plurality of persons, or send email addresses from third parties without their consent;
- Not advertise any goods or services without the prior consent of Eelp !.
All users can inform Eelp! of any abuse or violation of these conditions, via the e-mail firstname.lastname@example.org. Eelp! will verify these reports as soon as possible, and will take the measures it deems appropriate, reserving the right to withdraw and/or suspend any User of the Platform for breach of these Terms and Conditions of Service.
Also Eelp! reserves the right to withdraw and/or delete any message with illegal or offensive content, without prior notice or subsequent notification.
16. Users responsibilities
The User is responsible for having the services and equipment required for Internet browsing and to access the Platform. In the event of any incident or difficulty accessing the Platform, the User can inform Eelp! via email email@example.com, who will proceed to analyze the incidence, and will give instructions to the user on how to resolve it as soon as possible.
Eelp! does not control and is not responsible for contents posted by users through the platform; the latter being the only responsible for the legal adequacy of such content.
Eelp! shall not be liable in the event of service interruptions, connection errors, unavailability or deficiencies in the Internet access service, or interruptions of the Internet, or for any other reason beyond its control.
Eelp! accepts no liability for security errors that may occur, or for any damages caused to the User’s computer system (hardware and software), files or documents stored therein, as a result of:
- The presence of a virus in the User’s computer system or mobile terminal system that is used for connection to services and content of the Platform;
- A malfunction of the web browser;
- The use of non-updated browser versions.
- Eelp! is not liable for any delay or failure to perform its obligations under this Agreement, when it has arisen from any cause beyond its control, including, but not limited, to any of the following: natural disasters, government action, war, fire, flood, explosion or civil unrest.
17. Liability for content
Eelp! is not required to and does not control how the Users use the platform, and consequently does not guarantee that users will use it in accordance with the provisions of these Terms and Conditions of Service, or make diligent use and/or prudent thereof.
Eelp! has no obligation to check and verify the identity of users, or the accuracy, validity, completeness, and/or authenticity of the data provided by them.
Eelp! excludes any liability for damages of any kind that may result from the unlawful use of the Platform by Users, or that may result from the lack of veracity, validity, completeness, and/or authenticity of the information that users provide to other users about themselves; particularly, but not exclusively, for damages of any kind that may result from the impersonation of another person by a User in any kind of communication donet hrough the Platform.
Notwithstanding the foregoing, Eelp! reserves the right to limit, totally or partially, access to the Platform to certain users; and to cancel, suspend, block, or remove certain types of content, by using technological instruments suited to effect, if there was actual knowledge of that the activity or information stored is unlawful or harms property or rights of a third party. In this regard, Eelp! can set filters to avoid that through the server is uploaded to the web any illegal or harmful content. Posting content through the Platform the user assumes the release to Eelp! of all exploitation rights originated from from the content provided in the Platform.
Eelp!’s Platform may contain links to other pages of third parties (hereinafter “Linked Sites”). Eelp! does not know the contents and services of the Linked Sites, and therefore Eelp! does not make any representation or manifestation, or accepts any responsibility for the quality, content, nature, or reliability of sites and content accessible via links or the Websites linked to the Web. The linked sites are not under the control of Eelp!, and, so, Eelp! is not responsible for the content of any linked site or any content on a linked site; neither of any review, changes or updates to take place at such sites. Eelp! can offer these links to the user for convenience only, and the inclusion of a link does not constitute membership, subscription, or adoption by Eelp! of the site, or the information contained therein. Users should be aware that, when they leave the platform, conditions and policies of Eelp! no longer apply, and therefore they should review the terms and policies applicable to the destination website.
In any case, the existence of Linked Sites presuppose the formalization of agreements with the managers or owners thereof; or the recommendation, promotion, or identification of Eelp! with the provided statements, content, or services.
18. Update and modification of the Platform
Also Eelp! reserves the right to make, at any time and without previous notice, upgrades, modifications or deletion of information contained in its platform, in its configuration and presentation and in the access conditions, without taking any responsibility for it. Eelp! does not guarantee no interruptions or errors when accessing the Platform or its contents, or that these contents are always updated. However, Eelp! will make all efforts aimed at correcting errors, restore communication and update the content, as long as there are no causes that make this impossible or difficult to execute, and as soon as it becomes aware of errors, disconnections or lack of updated content.
19. Intellectual Property
Eelp! is the owner or licensee of all intellectual and industrial property included in the platform, as well as the contents accessible through it. The intellectual property rights of the Platform as well as texts, images, graphic design, browsing structure, information, and contents included are owned by Eelp!, who has the exclusive exercise of the exploitation rights of it in any form, and specifically, the rights of reproduction, distribution, public communication, and transformation, in accordance with the Spanish Copyright and Industrial Property Laws.
User authorization for access to the Platform does not imply waiver, transmission, license or total or partial release of rights of intellectual or industrial property by Eelp!. It is not allowed to remove, avoid, or manipulate in any way the content of the Platform of Eelp!. It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process, or distribute in any way all or part of the contents included in the Platform of Eelp! for public or commercial purposes, without express written consent from Eelp! or, where appropriate, the holder of the rights concerned.
Any user who shares any kind of content through the Platform ensures that owns the rights required to do so, being Eelp! exempt of any responsibility for the content and legality of the information provided. The provision of content by users through the Platform will involve the transfer to Eelp !, free of charge, and to the maximum extent permitted by law, of the intellectual and property rights of use arising from such content.
If any provision of these conditions was declared null and void or voidable, it shall be void. Such statement of invalidity shall not invalidate the remainder of this Agreement, which shall retain its validity and effectiveness between the Parties.
21. Applicable Law
The clauses that make up these General Terms are binding upon both parties and are integral and inseparable part of the intermediation contract which effectively operates at the time of signing the order at the request of the customer, through the contracting mechanisms that will be specified below , all pursuant to the provisions of art. 1255 of the Civil Code, which incorporates the principle of freedom of contract and agreements between the contracting parties.
To ensure in full the rights of the customers of the shopping service Eelp!, these Terms and Conditions are established in accordance with the provisions of Law 7/1998 of 13 April, on General Terms and Conditions of business, the Civil Code, the Directive 2000/31 EC of the European Parliament and the Council Regulation of June 8, Law 34/2002, of 11 July on services within the information society. and electronic commerce and its implementing regulations.
The relationship between Eelp! and its users and customers, shall be governed and construed in accordance with the Terms and Conditions governed, in matters of interpretation, validity and implementation by the Spanish legislation; and any dispute shall be submitted to the Courts of Barcelona.
Thank you very much from all the Eelp! Team!