Spanish
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Please read this Agreement Carefully as it governs your use
of the Service. Do not use the Service unless you wish to be bound by this
Agreement because, by clicking ‘Next’ during the sign-up process you confirm
your acceptance of this Terms of use (which also includes the Privacy Policy,
Payment Terms, Trade Person Code of Conduct, Trade Persons user agreement, and
Customer user agreement).
The Service is for use in the Spain only. You must not
access the Service from any other authority. You are responsible for all
compliance with laws and regulations which apply to you.
This Agreement was last modified on 01/01/2025.
Our mission
Our mission is to connect our customers with approved & verified local
tradespeople. By using our platform, customers can search for free to find and contact tradespeople in their local area, and tradespeople can advertise and offer
their services to customers. FindMyTradesman.es is committed to kicking
unfairness out of the Building Trade, which happens to both Customers (Property
Owners) and Trade People.
Who we are
1.1.1 The platform is provided to you by us, Aleve International
Ltd, trading as “FindMyTradesman.es
Our registered office is at : Aleve International Ltd , Lynchett House , Freeland Park , Unit 13 Wareham Road , POOLE , Dorset , BH16 6FA ,United Kingdom
Our registered number is 15773966.
1.1.2 For the purposes of these terms, “we”, “us” or “our”
means Aleve International Ltd, trading as “FindMyTradesman.es “. The words
“you”, “your” or “user” means you, as a user of the platform, whether you are a
customer or a tradesperson. Any terms applicable to a “customer”,
“tradesperson” or “tradespeople” specifically are identified as such.
1.1.3 FindMyTradesman.es operates the platform to be able to introduce customers and tradespeople – matching customers to opportunities for home improvement and other services offered by its directory of verified and checked tradespeople.
FindMyTradesman.es responsibility in offering the platform
is strictly limited to its role as operator of the platform, and it is not
responsible for the quality, standard, delivery or any other elements of
workmanship offered by any tradesperson, or any engagement entered into between
a customer and a tradesperson pursuant to the use of the platform.
1.1.4 These terms of use (“Terms”) operate to form the basis
on which the platform can be used and is operated. They do not govern the
relationship between a customer and a tradesperson for services. Any
arrangement made between a tradesperson and a customer is a separate contract
to which FindMyTradesman.es is not a party and has no liability and no
responsibility.
1.1.5 These Terms set out the rights and obligations of FindMyTradesman.es, its customers, and tradespeople in relation to the use of the platform. You should read them carefully and let us know if you have any concerns or questions before proceeding to use the platform. You can contact us by going directly to our Contact Us page.
1.2 How to use our Platform
1.2.1 The platform comprises not only the website we operate
at FindMyTradesman.es and all other domains that we may own or control from
time to time, but also our apps (trade and consumer) as well as any web or
mobile platform we host and the related pages, sub-domains and tools, content,
blogs and other information or subject matter contained therein.
1.2.2 The platform should be used in accordance with all terms, conditions, policies and other relevant information and guidance from time to time in force.
1.3 Compliance with terms
1.3.2 Before using the platform, you must read these Terms
carefully so that you understand what you can expect from us and what we expect
from you.
1.3.2 These Terms will also refer to our FindMyTradesman.es
Privacy Notice (for customers only), Trade Privacy Notice (for tradespeople
only), Cookie Policy, Acceptable Use Policy, Deactivation Policy and the FindMyTradesman.es
Guarantee (for customers only), which are applicable to your use of the
platform and are incorporated by reference within these Terms.
1.3.3 If you are a tradesperson, your contract with us for
services is referred to here as your “Membership Contract” and is a separate
agreement between you and us which sets out how you become a member of FindMyTradesman.es,
what terms and conditions apply to your membership and what membership services
we will provide to you. Both these Terms and the Membership Contract will apply
to you as a tradesperson.
1.3.4 If at any time you do not agree or cannot comply with
these Terms, you should immediately cease using the platform.
2 NATURE OF USE
2.1 In using, accessing and continuing to use the platform
(including search and messaging functionality) you are agreeing to comply with
and be bound by these Terms. If you do not agree to abide by these Terms you
should not use the functionality of or continue or begin to access the
platform.
2.2 Provision of Platform
2.2.1 The platform is intended for use only by those who can
access it from within Spain. While access may be possible from outside of Spain,
the platform is not intended for such use. You
may use the platform only for lawful purposes; therefore, you may not use the
platform in any way that breaches any applicable local, national, or
international law or regulation.
2.2.2 You acknowledge that your agreement with your mobile
network and/or internet service provider will apply in respect of your use of
data in connection with your use of the platform and that you may be charged by
your mobile network and/or internet service provider in respect of such use.
You are responsible for such charges. If you are not the bill payer for the
device being used to access the platform, you must obtain permission from the
bill payer before using the platform.
2.2.3 The platform has not been developed to meet your
specific requirements. We cannot promise that it will be fit or suitable for
your specific purposes or that it will be compatible with all or any hardware
or software which you may use.
2.3 Age Certification
The platform is not intended to be used by, or targeted to,
anyone under the age of 18 years old. By using the platform, you warrant and
accept that you are at least 18 years of age.
2.4 Identity and checks
2.4.1 If you are a customer, you will need to create an
account to access certain areas of the platform, particularly in order to
manage your ongoing jobs and leave a review. You should only create one account,
and this account should be for your personal use only. When you first register
for an account within the platform you will be required to verify your account.
Once verified you will then be required to include certain personal information
certain of which will be visible to others in order to be able to continue to
use the functionality of the platform.
2.4.2 If you are a tradesperson, you will need to apply and
be accepted for membership (including passing our verification process) in
order to create an account (including your profile) and access and use the
platform, as set out in the Membership Contract. If you’re sharing an account
with other people, for example employees of your business, then the person
whose financial information is on the account will ultimately be responsible
for all activity.
2.4.3 We reserve the right, where necessary and without
limitation, to undertake all such necessary action including requiring further
verification as to the identity, age, and other relevant details of a user as
is reasonable to protect ourselves, the platform and other users against
fraudulent or illegal behaviour or where we have reasonable grounds to believe
that we may be in actual or possible breach of laws or regulations that apply
to us from time to time.
2.4.4 You must provide us with any information we reasonably
ask for as soon as possible, and if it is personal information we will use it
in line with our FindMyTradesman.es Privacy Notice (for customers only) and
Trade Privacy Notice (for tradespeople only). If you refuse, or we suspect
fraudulent or criminal activity of any kind is occurring on or in relation to
your account, we reserve the right to suspend or cancel your account, in line
with Clause 8.1.
2.5 Security
2.5.1 You are also responsible for ensuring the security of
any device from which you sign in to your account.
2.5.2 If you believe that someone has accessed the platform
without your authorisation, or is attempting to impersonate you (or, if you are
a tradesperson, your business), you should notify us immediately by emailing info@findmytradesman.es
and make any necessary changes to secure your account credentials.
2.5.3 If we have reason to believe there is likely to be a
breach of security or misuse of the platform through your account, we may
notify you and require you to take certain actions to re-secure your account, or
we may suspend and/or deactivate your account.
If you believe that any content posted by other users within
the platform is in breach of our Acceptable Use Policy or any applicable laws,
or that your intellectual property rights (including brand misuse) are being
infringed by any content contained within the platform, please report your
concerns here info@findmytradesman.es.
3 ACCEPTANCE AND USE
3.1 Use and Matching
3.1.1 Within the platform customers will be able to post a
job to find suitable tradespeople within their local area. Customers will be
required to insert details of the work they require, add any photos to give an
understanding of the services required and timelines for that work.
3.1.2 The platform will, in certain use cases but excluding
the search and quote function, then match customers with a list of local
tradespeople who can assist. This list will contain tradespeople profiles which
will show their rating, services, and skills.
3.1.3 Customers are solely responsible for evaluating the
suitability of tradespeople for the services they offer to provide and choosing
a tradesperson.
3.1.4 Customers will be able to submit messages and manage
their postings within the platform.
3.1.5 All customer requests are subject to acceptance by the
tradesperson. The tradesperson is not obligated to accept any customer request
and may, at their discretion, decline for any reason.
3.1.6 If a tradesperson is able to assist, they will then be
able to contact the customer within the platform and provide a quote. Where a
customer wishes to accept the quote, they can then select their availability
and finalise the booking.
3.1.7 Any engagement (including appointment booking, quotes,
and receipt of invoices for materials or services) between a customer and
tradesperson within the platform is solely between the customer and the
tradesperson, therefore we always recommend having a clear agreement in writing
clearly setting out the scope of works and the agreed costs.
3.1.8 You will also be able to use the in-platform messaging
service to keep all your communications safely in one place and allow for
completeness and easy access. Within the platform you will be able to
communicate with tradespeople or customers (as relevant) using various methods
including voice and video-call. You may only communicate within the platform
for lawful purposes, in line with our Acceptable Use Policy.
3.1.9 Any quote or pricing displayed to a customer on the
platform is offered by the tradesperson(s) and is not offered, underwritten, or
approved by us. Any agreement reached between a customer and a tradesperson
based on this or any other pricing structure is a contract between that
customer and that tradesperson and accordingly we are not a party to it nor are
we under any obligation to become involved in any dispute.
3.1.10 In the event that a dispute arises between a customer
and a tradesperson, you (whether you are the customer or tradesperson) agree to
irrevocably release FindMyTradesman.es, its employees, officers, successors and
agents from any and all losses, damages, claims or demands of any nature
arising directly, indirectly, or in any way out of matters related to such a
dispute, other than in relation to a breach of these Terms by us.
3.1.11 FindMyTradesman.es is not liable for, party to, or in
any way involved in any agreement reached between the customer and the
tradesperson that may come as a result of the use of this platform and
customers should verify to their own satisfaction details considered relevant
to the engagement of the tradesperson for services and only proceed where
comfortable to do so. We bear no loss nor liability for any damages incurred as
a result of such agreement.
3.2 Engagement
3.2.1 Within certain parts of the platform, you may choose
to or be invited to submit, upload, or share, text, photographs, images,
videos, reviews, information, and materials (collectively, “Your Content”).
3.2.2 You are responsible for all of Your Content which must
be accurate, true, up to date, genuine and not misleading, relevant and
appropriate and comply with our terms (including these Terms) and all
applicable laws of Spain and in any country from which the content is posted or
viewed.
3.2.3 We try to mitigate and effectively manage the risk of
harm caused by different categories of illegal/harmful content. Due to this, we
reserve the right to monitor and review Your Content and the content of other
users in line with our Acceptable Use Policy, Deactivation Policy, guidelines
and procedures, which may be done using automated systems or artificial
intelligence.
3.2.4 We reserve the right to suspend or terminate your
account or remove or edit any of Your Content if you are in breach of
applicable laws, these Terms or any of our other applicable terms and
conditions, guidelines, or policies.
3.2.5 You acknowledge and accept by your continued use of
the platform that, unless we state otherwise, any content within the platform
has not been verified or approved by us.
3.2.6 We reserve the right, acting reasonably, to disclose
your identity to any third party who is claiming that Your Content infringes
their intellectual property rights or their right to privacy. We shall not be responsible, or
liable to any third party, for the content or accuracy of Your Content posted
by you or any other user of the platform.
3.2.7 We make no guarantee that Your Content will be kept on
the platform for any length of time, and we reserve the right to remove Your
Content as we see fit, including if it does not comply with these Terms or the
removal is otherwise desirable for our business or operational reasons.
3.2.8 We reserve the right to edit Your Content to amend
spelling, grammar, punctuation and length, for the purposes of clarity and to
ensure that the content can comply with the Terms.
3.2.9 For the avoidance of any doubt, any content, whether
publicly posted or privately transmitted, is the sole responsibility of the
person or entity providing the content, and we shall not be liable for any
claims or losses arising from such content.
3.2.10 If you wish to request us to stop using any of Your
Content at any time, you can contact us at contact@FindMyTradesman.es.
3.3 Data Privacy and Cookies
3.3.1 We are a data controller in our operation of the
platform, and we shall at all times comply with our obligations under
applicable data protection laws.
3.3.2 Your privacy and personal information are important to
us. Any personal information that we receive under and/or in connection with
these Terms and/or the platform, will be dealt with in line with our FindMyTradesman.es
Privacy Notice (for customers only), Trade Privacy Notice (for tradespeople
only), which explains what personal information we collect from you, how and
why we collect, store, use and share such information, your rights in relation
to your personal information and how to contact us and supervisory authorities
in the event you have a query or complaint about the use of your personal
information.
3.3.3 You acknowledge that our Cookie Policy applies to
our use of your cookies (and other similar technologies) in relation to the
platform.
3.4 Up time / Down time
3.4.1 We do not guarantee that the platform or any
content/functionality contained within the platform will always be available or
be uninterrupted.
3.4.2 We may need to update our servers and/or the platform
from time to time to fix defects and errors, install updates, undertake general
diagnosis and maintenance, undertake emergency maintenance and/or suspend
access to the servers and as a result the platform may be less accessible or
unavailable to you during this period.
3.4.3 We might also change or remove certain functions but
if we do that, we will ensure that the platform still meets the description of
it that was provided to you at the time you downloaded the platform.
3.4.4 The platform relies on a number of things working
properly to enable you to enjoy all of its features. We are not responsible to
you if you are unable to use all or any parts of the platform due to matters
outside of our control.
3.4.5 Your use of the platform is at your own risk. The
platform is provided to you on an "As Is" and "As
Available" basis without any representation or endorsement made and
without warranty of any kind whether express or implied, including but not
limited to the implied warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility, security, and accuracy.
3.4.6 Once we have made any updates to the platform, these
will either download automatically or you may need to trigger them yourself,
depending on your device, its settings, and the platform store.
3.4.7 We strongly suggest that you download all updates as
soon as they become available. Depending on the nature of the update, the
previous version of the platform may not work properly (or at all), or you may
be exposed to security vulnerabilities, if you do not utilise the latest
version of any part of the platform that we make available.
4 SERVICES
4.1 Connecting Customers and Tradespeople
4.1.1 As a customer, if you choose to use a service from
tradespeople on the platform, your contract for those services is with those
tradespeople. We provide the platform to facilitate communication between
customers and tradespeople, but we are not a party to any contract between
customers and tradespeople, nor will we be liable for any direct, indirect or
consequential loss or damage arising out of, or in connection with, that contract
or a customer's choice to contact or use any tradespeople sourced via the
platform.
4.1.2 FindMyTradesman.es uses a search ranking algorithm to
match search requests of customers to tradespeople. FindMyTradesman.es
endeavours to ensure its search ranking results are evenly distributed between
tradespeople on the platform using a mix of the following (non-exhaustive)
criteria relevant to tradespeople: (i) quality and content of a tradesperson's
profile, (ii) reviews, (iii) localised supply and demand, (iv) compatibility
with customer search criteria in terms of location and trade category and (v)
market and environmental factors. If you are a tradesperson, your Membership
Contract explains this in more detail.
4.1.3 When receiving a quote from a tradesperson on the
platform, customers are free to accept or decline it.
4.1.4 To the extent legally permitted, FindMyTradesman.es is
not liable for any theft or loss of property in connection with services
provided by tradespeople, any loss, damage expenses or liabilities suffered by
any party in connection with the use of the platform, any loss which is a
result of error, circumstances outside of our control or any other loss, cost,
damage or liability incurred in connection whether directly or indirectly from
the use of tradespeople sourced via the platform.
4.1.5 You acknowledge that FindMyTradesman.es does not make
any warranty, representation, indemnification or guarantee over the quality,
timing, integrity, responsibility, legality or any other aspect whatsoever of
the materials or services offered or delivered by tradespeople.
4.2 Verification
4.2.1 Whilst every effort is made to verify statements and
information submitted by the public and users, the information compiled by FindMyTradesman.es
is based on information supplied by various individuals and businesses, it does
not represent the views of FindMyTradesman.es and FindMyTradesman.es cannot be
held responsible for any omissions or inaccurate claims that may appear.
4.2.1 Information contained in the function is supplied in
part by third parties, details of which are included here. FindMyTradesman.es
takes steps to verify the credentials and company status of its tradesperson
members (“Verification”), collects and collates feedback from customers of
tradesperson members by means of feedback (“Monitoring”) and collates
recommendations from the public and users in relation to its tradesperson
members and the services they provide (“Recommendations”).
4.2.2 The results of the Recommendation, Verification and
Monitoring processes are published on the platform as part of a tradesperson's
profile.
improve the accountability and credibility of its members
through publishing impartial feedback on their work.
promote quality service, workmanship and best practice among
its tradesperson members; and
promote its tradesperson members to the public, isolating
rogue traders.
4.2.3 During the Vetting process, FindMyTradesman.es
requests copies of General & Professional liability insurance documentation
from tradespeople and also carries out Monitoring on that insurance
documentation at the point we are told it is due to expire. FindMyTradesman.es
cannot however guarantee whether tradespeople retain PLI insurance between Verification
and Monitoring.
4.2.4Where we are made aware that a tradesperson has expired
General / Professional liability Insurance, we use
reasonable endeavours to notify customers by means of a notice on the relevant
tradesperson’s profile. We cannot however guarantee that such a notice has been
provided in every case of expired General / Professional liability Insurance. FindMyTradesman.es
therefore recommends that customers ask to see a copy of a tradesperson's
insurance certificate before they begin work.
4.3 Trade Specific
4.3.1 The provisions of your Membership Contract apply to
your continued ability to use the platform in addition to these Terms.
4.3.2 You permit us to collect information about you and in
connection with your use of the platform and disclose it to tax or other
governmental or regulatory authorities if asked to do so or as required by law
or for compliance with our legal or regulatory obligations.
4.5 Reviews by customers
4.5.1 As a customer, you may provide reviews within the platform
in respect of services provided by a tradesperson. In doing so, you will ensure
that your review is not misleading, offensive, violates any law, infringes on
the rights of others and is in line with our Acceptable Use Policy.
4.5.2 The review must be regarding your own personal
experience, which you have not been paid for or otherwise incentivised for
providing. You must not provide reviews that are of a marketing nature and/or
use our platform for marketing purposes in relation to yourself, or any
products, services and/or other businesses.
4.5.3 Your review must not contain any personal information
relating to any other third party.
4.5.4 You must not submit, write, or be involved in the
procurement of fake reviews, that don’t genuinely reflect your experience with
your tradesperson or that are for the purpose of manipulating consumer
perception or negatively targeting a particular business or service. Any such
behaviour will result in an immediate suspension of your account.
4.5.5 We will perform a number of checks on the reviews
given within the platform, to ensure they are authentic, and we reserve the
right to screen, edit or remove any reviews from the platform at any time.
4.5.6 If we remove your review, we will have no liability to
you for any deletion, disclosure, loss, or modification of the review.
4.5.7 You acknowledge that we may share the review and
certain limited details with selected third parties in accordance with
applicable law and/or as contained within our FindMyTradesman.es Privacy
Notice.
4.6 Competitions and Offers
In the event that offers or competitions are made available
through the platform, then they will be governed by their respective advertised
terms and conditions unless otherwise expressly stated.
4.7 Guarantee
It’s rare for our tradespeople not to deliver the quality of
work expected, but if you as a customer receive services that are sub-standard,
then we may be able to help towards making it right, through our free and
discretionary FindMyTradesman.es Guarantee. Please refer to https://www.
FindMyTradesman.es guaranteed terms for details on how to apply, the
eligibility criteria and the exclusions.
5 QUOTING AND INVOICING
5.1 Quotes
5.1.1 Tradespeople can create standalone quotes or quotes in
response to a job posted by a customer using certain functionality of the
platform. The quote can be exported to a PDF, or the tradesperson can send it
to a customer either: (i) via the in-platform messaging service or (ii) via
email containing a link to the PDF within the platform. Should a quote not be
received as expected customers should contact the relevant tradesperson
directly.
5.1.2 The quote is prepared at the discretion of the
tradesperson and will usually contain certain customer details and a breakdown
of the scope of work and related pricing. The customer is solely responsible
for accepting, declining, requesting an edit or asking any further questions to
the relevant tradesperson.
5.1.3 A quote can be amended at any time by a tradesperson
and sent as revised, to the customer.
5.1.4 FindMyTradesman.es recommends customers and
tradespeople to use the in-platform messaging service to keep all
communications safely in one place and allow for completeness and easy access.
5.1.5 When accepting a quote, FindMyTradesman.es recommends
that the customer and tradesperson formalise an agreement in writing clearly
setting out the scope of works, timelines, deliverables and any agreed costs.
5.1.6 The contents of the quote and any subsequent
interactions relating to the quote or pricing displayed within the quote are
between the customer and the tradesperson and are not offered, underwritten, or
approved by FindMyTradesman.es.
5.2 Trade Invoicing
Once a quote has been created a tradesperson can raise an
invoice based on the quote to send to the customer and any subsequent
correspondence, payment or confirmation of receipt of payment is between the
customer and the tradesperson and is not offered, underwritten, or approved by FindMyTradesman.es
5.3 IVA / Tax
5.3.1 The tradesperson will be responsible for calculating
how much IVA will be payable on any services included in the invoice and where IVA
is payable, the tradesperson will be required (in certain instances) to include
their IVA registration number.
5.3.2 The customer is solely liable for the payment of any IVA
stated on the accepted invoice.
5.3.3 The quotes and invoices will be retained within the
platform whilst the tradesperson's account is active and thereafter retained in
line with our Trade Privacy Notice.
5.3.4 If a tradesperson’s membership is cancelled or
terminated, they will no longer have access to the platform or their invoices
and quotes. It is the responsibility of the tradesperson to ensure that they
have downloaded their invoices and quotes prior to cancellation or termination.
5.3.5 Once the tradesperson’s membership is cancelled or
terminated, the tradesperson can request access to their quotes and invoices by
contacting us via our Contact Us page.
6 PLATFORM CONTENT
6.1 Intellectual Property
6.1.1 Any and all rights contained within the platform and
its content, including but not limited to, the platform’s design, text,
graphics, images, logos, digital downloads, audio, video, data, software, and
source codes connected with the platform shall remain our exclusive property.
6.2 Copyright
6.2.1 We own all rights in and to the platform, and your use
of the platform is subject to the following restrictions. You must not:
copy the platform except where such copying is incidental to
normal use of the platform, or where it is necessary for the purpose of back-up
or operational security.
sub-licence or otherwise make available the platform in
whole or in part (including object and source code), in any form to any person
without our prior written consent.
reproduce, modify, edit, or exploit the platform in any way
for any commercial purpose, without our prior written consent; or
disassemble, decompile, reverse-engineer or create
derivative works based on the whole or any part of the platform or attempt to
do any such thing.
6.3 Third Party Links
6.3.1 The platform (and emails that we send to you in
connection with the platform) may include links to third party websites,
applications and/or other digital properties that are controlled and maintained
by third parties.
7 LIABILITIES
7.1 Compensation
You agree to defend, compensate and hold us and our
employees and agents harmless from and against, without limitation, all claims,
actions, proceedings, losses, liabilities, damages, costs or expenses
(including reasonable legal costs and expenses) howsoever suffered or incurred
by us arising out of or in connection with any breach by you of these Terms,
your improper use of the platform or your breach of any applicable law or the
rights of a third party. We
reserve the right to handle our legal defence however we see fit, even if you
are compensating us, in which case you agree to cooperate with us so we can
execute our legal strategy.
7.2 Breach
7.2.1 If you are in breach of, or we suspect you are in
breach of, these Terms or any other terms applicable to the services that we
make available through the platform, we may take one or more of the following
actions:
issue a warning to you.
effect a suspension or termination of your access to your
account and/or the platform as set out in Clause 8.1; take legal action against
you; or disclose such information to law enforcement authorities as we
reasonably feel is necessary.
7.3 Limitation
7.3.1 Whilst we make reasonable efforts to ensure that all
information we provide is accurate and to otherwise provide the platform with
reasonable care and skill, we make no commitment that the platform will meet
your requirements, that the content will be accurate or reliable, that the
functionality of the platform will be uninterrupted or error-free, that defects
will be corrected or that the platform or the server that makes it available
are free of viruses or anything else that may be harmful or destructive.
7.4 Exclusions
7.4.1 If you are a customer, you have certain legal rights when using the platform. These are also known as “statutory rights” as they are derived from laws such as the Consumer Rights Act - Derechos de la persona consumidor. Nothing in these Terms affects these rights.
8 ACCOUNTS
8.1 Our rights of Termination and Suspension
8.1.1 You understand and agree that we have no obligation to
continue to provide the platform and therefore we reserve the right to vary or
terminate all or part of the platform and/or not to provide all or part of the
platform to anyone for any reason and/or for a period at our discretion.
8.2 Your rights of Cancellation and Deletion
8.2.1 If you are a customer, you can stop using the platform
at any time, and you can also delete your account any time by using the “Delete
your Account” function in the account section of the app or the website. If you
use this function your account will be deleted immediately. Certain account
information will be retained in line with our FindMyTradesman.es Privacy Notice
(and related data retention policies). Once your account is deleted, it cannot
be recovered.
9 MISCELLANEOUS
9.1 Notice
9.1.1 We may amend these Terms from time to time, to reflect
changes within the platform, including but not limited to, our technology,
licensing arrangements, payment policies, best practices, relevant laws and/or
regulatory requirements.
9.2 Method
Our updated Terms will be displayed within the
platform, and we may provide notice to you via email. If you continue to use
the platform, we shall assume that you have accepted any changes that we have
made to these Terms. If you do not agree to the changes, you should stop using
the platform and delete your account.
9.3 Force Majeure
Sometimes things happen that are outside of our control such
as acts of God, pandemics, strikes, technical failures or supply failures. Due
to these things outside of our control, our performance under these Terms may
be suspended for the period of time over which the event occurs. During this
period, we will not be liable to you for any delay or failure in performance of
any of our obligations within these Terms arising out of these circumstances or
events. We will, of course, try to find a solution to help us to perform these
Terms and take any reasonable preventive steps wherever possible.
9.4 Third Party Rights
No one other than us or you have any right to enforce any of
these Terms.
9.5 Waiver
If we fail at any time to insist on strict performance of
any of your obligations or if we fail to exercise any right or remedy under these
Terms, this does not constitute a waiver of our rights or remedies and does not
relieve you from compliance with your obligations under these Terms. Any waiver
of any provision of these Terms will be effective only if in writing and signed
by us.
9.6 Severance and Survival
9.6.1 If any of these Terms should be determined to be
invalid, illegal, or unenforceable for any reason by any court of competent
jurisdiction then such Term shall be severed, and the remaining Terms shall
survive and remain in full force and effect and continue to be binding and
enforceable.
9.7 No reliance
You confirm that you did not enter these Terms in reliance
of any representation made by us other than those which are expressly set out
in these Terms.
9.8 Assignment
We may assign any of our rights and transfer, delegate, or
subcontract any of our obligations under the Terms. We will provide notice to
you if this occurs, and you can stop using the platform and delete your account
if you are unhappy with such transfer.
9.9 Jurisdiction
These Terms and any dispute or claim arising out of, or in
connection with, it, its subject matter or formation (including non-contractual
disputes or claims) (a “Claim”) shall be governed by, and construed in
accordance with, the laws of Spain.
9.10 Disputes
If a dispute arises between you and us, we encourage you to
first contact us directly, as set out in Clause 10 of these Terms, to seek a
resolution. If you are a tradesperson, or customer your Membership Contract
contains details of dispute resolution options such as mediation.
9.11 Courts
If you are a tradesperson, the courts of Spain shall have exclusive jurisdiction to settle
any Claim. If you are a customer, wherever you live you can bring Claims
against us in the courts of Spain, you can also bring Claims against us in the
courts of the country you live in. We can bring a Claim against you in the
courts of the country you live in.
You may find answers to your questions in our FAQ support
centre. If you wish to contact us directly regarding these Terms, a complaint,
the platform or any other matter please refer to the contact details within our
Contact Us page.
11 Feedback
We appreciate any feedback, ideas, and suggestions from you
about the platform and/or our services, and you can leave feedback for us via info@findmytradesman.es
(as appropriate). If you provide us with feedback, you agree that we can use,
quote and/or refer to that feedback and/or content at our discretion