Cookie Consent
By clicking “Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. View our Privacy Policy for more information.
Preferences
TERMS AND CONDITIONS OF USE OF THE HARBIZ PLATFORM
These General Terms and Conditions (hereinafter the "GTC") govern the downloading, access, browsing and use of the HARBIZ mobile application and the Website www.HARBIZ.io (hereinafter collectively referred to as the "Platform").
These GTCU are intended exclusively for users registered on the Platform.
In compliance with the duty of information set forth in Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, we hereby provide the details of the owner of the Platform:
We refer to all persons registered or using the Platform as "Users" of the Platform. Anyone may register or use the Platform provided they accept the TyCG together with all other policies and principles governing the Platform and detailed below.
HARBIZ only provides the Platform to bring together both the User offering their services on the Platform (hereinafter "User" and/or "Trainer/Advisor User") and the User interested in contracting such services (hereinafter the "Client User", and together with the "Trainer/Advisor User" the "Users").
Registration on the Platform for the Client User is free of charge in accordance with the conditions stipulated in the "Services" and "Payment Methods and Terms of Use" sections of these TyCG. Once registered on the Platform, they will hold the status of Client User of the same.
The Service provided by HARBIZ is limited to the provision of a technology platform that allows Platform Users to connect immediately, enabling the Trainer/Advisor User to meet the needs of the Client User in exchange for compensation.
The agreement and connection between Users does not create any partnership, mandate, franchise or employment relationship between HARBIZ and the Users. Users acknowledge and accept that HARBIZ is not a party to any transaction, nor does it have any control over the quality, safety, or legality of the services requested, the truthfulness or accuracy of the profiles created, advertisements, and/or the ability of the Trainer/Advisor User to provide such services.
The TyCG, as well as the Privacy Policies and/or information about the Platform, apply to all Users of the Platform from the moment they first access it. These TyCG are mandatory, binding and apply to all activities carried out on the Platform. If Users do not fully accept these TyCG and the Privacy Policies, they should not use the Platform.
HARBIZ declares and states that it provides a technological platform service that allows its Users to connect immediately, bringing them closer to personal training and/or advisory services, covering fitness, nutrition and related services offered by the Trainer/Advisor UserAdvisor to the Client User and/or the request of any Client User with the relevant services offered by the Trainer/Advisor User.
Users declare that such intervention and/or connection through the Platform does not constitute any type of employment relationship with HARBIZ for Users.
By accepting the TyCG, Users undertake to act at all times in accordance with the provisions set out in the clauses of this legal text. If Users do not agree with all or part of these TyCG, they must refrain from installing and using the Platform.
The service provided on this Platform is governed by: (i) these General Terms and Conditions; (ii) Specific Conditions that may be published on the Platform (iii) applicable laws, sector regulations, and general criteria and practices.
By accepting these GTC, Users declare that they are over 18 years of age and have full capacity to understand and accept the content of these GTC.
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, in accordance with these GTC.
Access to certain content and the use of the Services may be subject to certain specific conditions, which, depending on the case, will replace, supplement and/or modify these TyCG and, in the event of contradiction, the terms of the specific conditions will prevail over these TyCG.
Before using and/or requesting such specific services offered through the HARBIZ Platform, Users must carefully read the specific conditions created, where applicable, for this purpose by HARBIZ. The use, reservation and/or request for such specific services implies acceptance of the specific conditions governing them in the version published by HARBIZ at the time of such use, reservation and/or contracting through the Platform.
The Platform has been developed by HARBIZ for the purpose of providing a technology platform service that allows its Users to connect immediately and thus be able to meet each other's needs with the services of the other party.
The Customer User may access all the necessary information corresponding to the Platform through the Platform. From there, they may browse and research its operation in depth.
The benefits for the Client User of the service that HARBIZ provides through the Platform are as follows:
a.1. Receiving a personal invitation from a Trainer/Advisor User: In this case, the Client User must access the Platform via a URL where they will complete their own profile and become an associate of the Trainer/Advisor User who sent them the invitation.
a.2. For any reason: If the Client User has reached the personalised page of any Trainer/Advisor User, they may contract the services offered by that User. In this case, the Client User must complete the registration with the payment method included on that page, and once their request has been accepted by the Trainer/Advisor User , they will become part of the associated team of the corresponding Trainer/Advisor User.
b.1. Chat: An unlimited chat, where they will be able to 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, i.e. 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 into categories, as they deem necessary. If the Client User is grouped under this modality, they will be able to receive content shared by their Trainer/Advisor User and/or their associated team.
The Trainer/Advisor User may use the Platform to provide personal training, yoga, Pilates, nutrition, fitness, etc. services to Client Users. By creating an account on the Platform, the Trainer/Advisor User will be able to access all the necessary information related to it. From there, they will be able to navigate and research its operation in depth.
The benefits for the Trainer/Advisor User of the service that HARBIZ provides through the Platform are as follows:
(I) Client User
In order to use the Platform's services, acceptance of these TyCG is required. The Client User may make use of the Platform's services by first registering on the Platform using the methods set out in point 4.(I) of these TYCG.
To register on the Platform, the Customer User must create an account, providing their email address and personal details, selecting a username and choosing a password to access the Platform. If the Customer User uses the Platform with an associated payment plan, they must provide billing and payment details. At the time of registration, the Customer User must be 18 years of age or the age of majority applicable to their place of residence.
Registration as a Customer User can be done from the HARBIZ App itself, as well as from the website by entering the identification/alias details and other information requested by HARBIZ. Customer Users guarantee that their details are accurate, current and truthful. HARBIZ cannot guarantee the identity of registered Customer Users and is not responsible for any misuse or unauthorised use of a registered Customer User by third parties. Likewise, the Customer User guarantees that they meet the specific conditions and requirements required by current legislation to accept the provision of the service offered through the Platform.
( II) Trainer User
In order to provide services through the Platform, acceptance of these TyCG is required. The Trainer/Advisor User may provide their services through the Platform by first registering on it using the methods set out in point 4.(II) of these TYCG.
To register on the Platform, the Trainer/Advisor User must create an account, providing their name or business name, information about their business (main activity, number of clients managed, working methods, etc.), date of birth, telephone number, etc., and may personalise their account by adding an image and configuring other preferences. Likewise, upon registration, the Trainer/Advisor User may, in some cases, be offered a free trial period, the duration and specific conditions of which may vary depending on the campaign and region. At the end of this trial period, in order to continue using the Platform, they must sign up for a payment plan, paying HARBIZ the corresponding fee.
At the time of registration, the Trainer/Advisor User must be 18 years of age or the age of majority applicable to their place of residence.
Registration as a Trainer/Advisor User can be done from the HARBIZ App itself, as well as from the website by entering basic identification/alias details. The Trainer/Advisor User guarantees that their details are accurate, current and truthful. HARBIZ cannot guarantee the identity of registered Users and is not responsible for any misuse or unauthorised use of a registered User by third parties. Likewise, the Trainer/Advisor User guarantees that they meet the specific conditions and qualifications required by current legislation for the provision of the service offered through the Platform. HARBIZ disclaims any liability relating to the specific qualifications and requirements for the exercise of the profession provided through the Platform.
Users shall be responsible at all times for the safekeeping of their password, codes and credentials for accessing their User account, assuming any damages that may arise from their misuse, as well as from their transfer, disclosure or loss. The User must immediately inform HARBIZ if they have reason to believe that their access code, password or credentials have been used in an unauthorised manner or are likely to be used in such a manner.
In any case, access and/or use of the Platform made under the access code or password of the registered Customer User shall be deemed to have been made by that User, who shall be liable in all cases for such access and use.
Once the Customer User has created an account to access the Platform, they will have access to a profile where they can complete their personal details as established on the Platform.
From their profile, they will have access to the information and functionalities necessary to use the Platform, such as their agenda, access to videos or other content generated by Trainer/Advisor Users, information about their progress, etc.
HARBIZ has the right to request proof and/or additional information for the purpose of verifying Personal Data, as well as to temporarily or permanently suspend those Users whose data cannot be confirmed. In cases of disqualification, they will be removed from the Platform, without this giving rise to any right to compensation.
HARBIZ has the right to reject any registration request or cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this giving rise to any right to compensation and/or indemnity.
Once the Trainer/Advisor User has created an account to access the Platform, they will have access to a profile where they can complete their personal details in accordance with the Platform's requirements.
From their profile, the Trainer/Advisor User will be able to manage all information relating to their Client Users, administer their schedule, add collaborators, design and assign complete personalised programmes, upload multimedia content (such as videos, nutrition plans, among others) and consult in detail the payments received and the status of their transactions.
HARBIZ has the right to request proof and/or additional information in order to verify personal data, as well as to temporarily or permanently suspend those Users whose data cannot be confirmed. In cases of disqualification, they will be removed from the Platform, without this giving rise to any right to compensation.
HARBIZ has the right to reject any registration request or cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this giving rise to any right to compensation and/or indemnity.
HARBIZ is a digital Platform and, although it does not intervene in the actual provision of the service between the Client User and the Trainer/Advisor User, it does receive income from the use of the Platform. In particular, HARBIZ charges the Trainer/Advisor User: (i) subscription fees based on the plan contracted and the number of clients managed; (ii) fees for additional services ("add-ons") contracted; and (iii) a commission for each transaction carried out through the Platform between the Client User and the Trainer/Advisor User.
On the other hand, by contracting the benefits provided by the HARBIZ Platform and/or by agreeing to contract a Trainer/Advisor User through the Platform, the Client User accepts the use of an external payment gateway (currently "Stripe", although this may change in the future) as the available method for collecting payment for the service contracted from the Trainer/Advisor User.
In the event that a Client User requests and/or contracts the services of a Trainer/Advisor User, HARBIZ will act as the facilitator so that the Client User can pay for the services provided by the Trainer/Advisor User. To this end, 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. HARBIZ will act as a technical intermediary and will apply the corresponding commission to the Trainer/Advisor User.
To this end, HARBIZ will provide the User with the system for making the payments corresponding to the fees that both categories of Users have agreed independently, thus facilitating the payment link between the Trainer/Advisor User and each Client User. HARBIZ acts solely as a technical intermediary through the payment gateway and assumes no obligation for the management, processing or refund of payments. Consequently, all responsibility for payments, collections, refunds or any claims arising therefrom shall lie exclusively with the corresponding Trainer/Advisor User or Client User. Users undertake to hold HARBIZ harmless from any claims by Users and/or third parties for any payments made or to be made by virtue of the Users' use of the Services for the management of their businesses.
– Method and form of payment for the service offered by HARBIZ
The Service offered through the Platform will be free of charge for the Client User, who will only be required to pay for the services offered and actually contracted by the Trainer/Advisor User. In this case, HARBIZ will manage the payment between both categories of Users, according to what they have freely agreed between themselves.
The data used for the payment of services is not managed or stored by HARBIZ.
HARBIZ uses a secure payment gateway provided by external providers (currently "Stripe") that guarantees the integrity and security of communications and transactions in accordance with the provisions of "Stripe's" Terms and Conditions in each jurisdiction where it is used, which the Client User fully acknowledges and accepts by accepting these TyCG.
It is expressly stated that, in relation to non-European transactions, Stripe may apply additional and/or different fees corresponding to the Stripe provider in each jurisdiction where this payment method is used.
The price list for the services of the Trainer/Advisor User will be those marked on the Platform by each Trainer/Advisor User at their sole discretion according to the plan they offer to their community of Client Users. For this reason, HARBIZ does not participate in any way in the determination of these prices or the actual provision of the service. Prices may vary and be revised periodically in response to changes in the menus and price lists of each Trainer/Advisor User.
The price list for services includes Value Added Tax or similar, depending on the applicable tax jurisdiction.
– Method and form of payment for the services offered by each TRAINER/ADVISOR USER
The methods and forms of payment for the service provided through the Platform will be determined by each Trainer/Advisor User as detailed in this section, i.e. they will be made through the payment platform (currently "Stripe") and will be for the following:
a.1 The Client User must log in to the Platform and select the plan for which they wish to contract the services of the Trainer/Advisor, according to the benefits they wish to obtain from it. The plans offered will be those created and stipulated by each Trainer/Advisor User independently. HARBIZ will only be the facilitator of payment between both categories of Users, and will do so at all times through the platform using the payment method (currently "Stripe").
a.2 The Client User may receive an email from the Trainer/Advisor User with an invitation 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 which will include the Plan associated with each particular case.
The Client User and the Trainer/Advisor User undertake to refrain from using the Platform for purposes or effects that are unlawful or contrary to the provisions of the TyCG.
HARBIZ offers the Client User and the Trainer/Advisor User access to HARBIZ under a limited, non-exclusive, non-sublicensable, non-transferable and revocable licence to use the Platform, for the User's territory of residence, for as long as the User has an account created on the Platform, solely for the relevant uses thereof as a Client User or Trainer User. All rights not expressly granted to the User are reserved by HARBIZ. Use of the Platform shall at all times be personal and in accordance with these TyCG ("Platform Use Licence"). Therefore, if the Platform Use Licence terminates, the User must immediately cease using the Platform.
In relation to the content uploaded, provided and/or generated by Customer Users and Trainer Users on the Platform ("User Content"), by making use of the benefits provided by the Platform, you grant HARBIZ and its affiliates a licence for the maximum time permitted by law, which is irrevocable, worldwide, non-exclusive, royalty-free and sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, perform and display User Content for the purposes of operating and improving the Platform, as well as for statistical purposes, artificial intelligence training or other similar purposes related to the development of HARBIZ's services.
The User warrants that they are the legitimate owner of all necessary rights to the User Content, or that they have sufficient authorisations, licences or permissions from the owners of such rights for its use in accordance with these TyCG.
Likewise, the User declares that said content does not infringe upon intellectual property rights, industrial property rights, image rights, privacy rights, honour rights or any other rights of third parties, and that its publication, distribution or use through the Platform does not violate any applicable regulations. Consequently, the User undertakes to hold HARBIZ, its affiliated companies, partners, directors, employees and collaborators harmless from any claim, penalty, damage, loss or cost (including reasonable legal fees) arising from the use of User Content.
If the User becomes aware of the existence of any content that is unlawful, illegal, contrary to the law or that could constitute an infringement of intellectual and/or industrial property rights, they must immediately notify HARBIZ so that it can take the appropriate measures.
Trainer Users may not use, download, copy or disseminate outside the Platform any content provided by HARBIZ, including, but not limited to: its exercise library, recipes, food databases, videos or video sessions. Such content is the exclusive property of HARBIZ and its use is strictly limited to the Platform environment. Any unauthorised external use may result in the suspension or cancellation of the account and appropriate legal action for damages.
The use of the Platform for purposes other than those set out in these TyCG is expressly prohibited. Therefore, HARBIZ is not responsible for any improper use or manipulation of the Platform. The User agrees to use the Platform solely in accordance with the terms set out in these TyCG, in accordance with applicable regulations, and in accordance with the purpose for which it was designed.
Through the Platform, HARBIZ may provide access to a multitude of texts, graphics, drawings, designs, codes, software, photographs, images, expressions and information belonging to HARBIZ or to third parties to which the Customer User may have access solely within the framework of the legitimate use of the Platform and the services offered through it. The User undertakes to use such content in a lawful, diligent, honest and appropriate manner, in accordance with these TyCG, current regulations and the principles of good faith. Under no circumstances may it be used for purposes other than those related to the operation and functionality of the Platform itself, nor may it be used in a manner that infringes or may directly or indirectly infringe the intellectual or industrial property rights of HARBIZ or third parties.
By way of example, but not limited to, in relation to the Platform, Users shall not:
Any material that promotes violence.
Any material that promotes any illegal activity.
Information or material that infringes patents, trademarks, designs, copyrights, trade secrets, moral rights, or any other intellectual or industrial property rights of third parties.
In particular, Trainer/Advisor Users who provide HARBIZ or the Platform with personal data of Client Users or third parties must first obtain their express, free and informed consent. Such information may only be used within the framework strictly necessary for the proper provision of their services, and they undertake not to use it for other purposes or share it with unauthorised third parties.
Any content that the Client User uploads and/or sends through the Platform, including User Content, shall be considered non-confidential and HARBIZ has the right to use, copy and disclose such content to third parties for the intended purposes. HARBIZ has the right to disclose the identity of the User to any third party who claims that any content submitted constitutes a violation of their intellectual property rights or their right to privacy.
HARBIZ shall not be liable to third parties for the content or accuracy of any content submitted.
HARBIZ reserves the right to remove any content or advertisement submitted through the Platform at its sole discretion and, in particular, when it deems it necessary due to any of the above circumstances, for reasons of legality, security, reputation, protection of third-party rights or breach of these TyCG.
The User acknowledges and accepts that they are solely responsible for the content they upload to the Platform, including User Content, and guarantees that they hold all necessary rights to such content. In the event that the content infringes the rights of third parties, the User undertakes to hold HARBIZ harmless and indemnify it against any claim, damage, loss or expense (including, but not limited to, court costs and legal fees) that may arise from such infringement.
HARBIZ shall have the right to investigate and report any of the aforementioned conduct in accordance with the Law, as well as to cooperate with the authorities in the investigation of such actions. Such cooperation may include, among other things, the provision of relevant data or the temporary or permanent blocking of access by the offending User.
Users acknowledge and accept that all intellectual and/or industrial property rights over the Platform, including but not limited to but not limited to, its programming, source code, compilation and other elements necessary for its operation, the designs, logos, texts and/or graphics and other elements that make up the Platform, as well as any improvements, updates, developments and modifications related to it are the property of HARBIZ, or have been duly licensed to HARBIZ for use within the framework of the Platform.
Consequently, Users acknowledge that the reproduction, modification, distribution, commercialisation, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation, as well as the results of unauthorised testing or analysis of any of the elements and utilities integrated into the development of the Platform, or any other action other than the use permitted in the Platform Use Licence, constitutes an infringement of HARBIZ's intellectual property rights.
Therefore, Users undertake not to perform any of the aforementioned actions or any action that exceeds the Licence of Use granted in these TyCG above, except with the prior, express and written authorisation of HARBIZ.
HARBIZ's services are integrated with third-party applications, websites and services (Third-Party Applications) to make its products, services and content available to Users. These Third-Party Applications may have their own Terms and Conditions of Use and Privacy Policies, which will govern Users' use of such Third-Party Applications. Users understand and accept that HARBIZ is not responsible for the behaviour, characteristics or content of Third-Party Applications accessible through the Platform, nor for any transaction outside the scope of HARBIZ's activity that may be carried out with the provider of such Third-Party Applications when such transaction is not directly managed or controlled by HARBIZ.
HARBIZ is not responsible for the information, files or any other content published by Users, nor does it validate the content that Users decide to submit. Therefore, HARBIZ shall not be liable, either directly or indirectly, or subsidiarily, for damages of any kind arising from communications made by Users or User Content included on the Platform.
The Client User acknowledges and accepts that when carrying out transactions with other Users or third parties, they do so at their own risk and that they will assess the risks involved in contracting the services offered by the chosen Trainer/Advisor User, maintaining a proper balance between the risk and the means selected.
By way of example, HARBIZ is not responsible for:
Consequently, HARBIZ does not guarantee that Users' use of the content, including User Content and services provided by Personal Trainer Users that may be included on the Platform, complies with these TyCG, nor that they do so diligently. HARBIZ cannot guarantee the identity of any other User of the Platform.
HARBIZ reserves the right to admit or exclude Users from its Platform at its sole discretion. HARBIZ may also cancel or modify Users' accounts, delete or block content or information shared on the Platform, or cease to provide it, in whole or in part, if HARBIZ determines that it is reasonably necessary to avoid or minimise adverse legal or regulatory consequences for HARBIZ. When HARBIZ removes content under certain circumstances, the User will be informed of this measure and will be explained the options available to them to request another review, unless: you seriously or repeatedly violate these TyCG; or if providing you with another review may expose HARBIZ or third parties to legal liability; it may harm the HARBIZ User community; it may compromise or jeopardise the integrity or operation of HARBIZ's services, or if HARBIZ experiences technical restrictions or does not have permission to do so for legal reasons. If the User believes that the cancellation of the account is a mistake, or wants to disable or delete it permanently, the User must consult with customer service via support@harbiz.io . Once the User requests the deletion of the content or account, the deletion process will begin automatically within a reasonable time frame from the request. Once this process has begun, it may take up to ninety days for the content to be deleted. Although the content is no longer visible to other Users while the deletion process is underway, it remains subject to these TyCG and our Privacy Policy.
HARBIZ may remove any content or information that Users share on the Platform if it believes that it violates these TyCG or our policies, or if required by law.
HARBIZ also reserves the right to read, preserve, disclose and access any information it reasonably believes is necessary to (i) comply with applicable law or any legal or governmental request or requirement, (ii) enforce these T&C, including investigating potential violations thereof, (iii) detect, prevent or manage fraud, security or technical issues (iv) respond to requests for assistance from 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 capabilities and the state of technology, to ensure the functioning of the Platform and to prevent the existence and transmission of viruses and other harmful components to Users.
10.1 Limitation of HARBIZ's liability in relations between Users.
HARBIZ may suspend, limit or cancel access to the Platform temporarily or permanently and without prior notice for maintenance, repair, updating or improvement operations.
In particular, HARBIZ reserves the right to remove, limit or prevent access to its Platform when technical difficulties arise due to events or circumstances beyond HARBIZ's control which, in its opinion, reduce or nullify the standard security levels adopted for the proper functioning of the Platform.
HARBIZ is not responsible for the lack of availability, maintenance and effective functioning 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 Platform's operation, as well as the effective provision of the service by the Trainer/Advisor User.
HARBIZ also assumes no responsibility for the cancellation or suspension of services on the Platform for reasons not directly attributable to it. In any case, HARBIZ undertakes to resolve any problems that may arise and to offer all necessary support to Users in order to reach a quick and satisfactory solution to the incident.
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 blockages, actions or omissions by third parties, or any other causes or circumstances beyond the control of HARBIZ that prevent the normal use of the Platform.
The Application may make Third-Party Applications accessible and may contain hyperlinks that allow the Customer User to access third-party platforms or websites. HARBIZ assumes no responsibility for the content, information or services that may appear on such platforms and Third-Party Applications, which shall be understood to be offered exclusively for informational purposes by HARBIZ, and which in no case imply any relationship, acceptance or endorsement between HARBIZ and the persons or entities that own such content or the owners of the sites where it is located.
In these cases, HARBIZ shall not be responsible for establishing the General and Specific Terms and Conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them.
HARBIZ does not have the authority or the human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links may be established from the Platform. Consequently, HARBIZ shall not be liable for any aspect relating to the websites to which links may be established from the Platform, specifically, by way of example and without limitation, 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, if HARBIZ becomes aware that the activity or information referred to in such links is illegal, constitutes a crime or may harm the property or rights of a third party, it will act with the necessary diligence to remove or disable the corresponding link as soon as possible.
Users shall hold harmless, indemnify, defend and exonerate HARBIZ and its directors, representatives, employees and/or collaborators from any damage, claim, liability, loss, penalty, cost or expense (including, but not limited to, legal fees) that may arise as a result of any claim or demand by third parties resulting from any material, including User Content that Users have provided to HARBIZ, or from the misuse of the Platform, or from the services provided through the Platform. HARBIZ undertakes to diligently notify the user of any claim, action or proceeding in which they are involved through the details they themselves have provided when registering on the Platform.
Furthermore, by accepting these TyCG, Users expressly acknowledge and accept that HARBIZ assumes no direct or indirect responsibility in relation to the services contracted between the Trainer/Advisor User and the Client User, nor to third parties in relation to said services.
The conditions published at the time the Client User accesses the HARBIZ Platform shall be understood to be in force.
If any provision of these TyCG is declared inapplicable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining conditions and obligations remain in full force and effect and binding.
HARBIZ may modify these TyCG, or introduce new ones, either for the entire service or for the use of specific content or tools, if there are valid reasons for the change, such as commercial or economic reasons or changes in the applicable regulations, by simply notifying the User through the Platform.
In the event of changes to the service, and once such changes have been notified, if the User does not express their opposition in writing and continues to access the Platform or use their User profile, HARBIZ will understand that they have accepted the new Terms and Conditions of Use. However, in cases where it is necessary in accordance with applicable regulations, HARBIZ will request your express acceptance of the changes and modifications to the TyCG.
HARBIZ respects the privacy of its Users and will ensure that personal data is processed in accordance with current legislation.
For more information about HARBIZ's privacy policy, please visit the following link: https://www.harbiz.io/politica-de-privacidad
HARBIZ may translate these Terms and Conditions or any other policy that may be published on the Platform. The English version shall prevail in the event of any conflict with other translations.
For the resolution of any discrepancy, issue or claim arising directly or indirectly from the interpretation or execution of these TyCG, in the event that the User is a legal entity, the parties submit to the jurisdiction of the Courts and Tribunals of the city of Madrid .
If the User is a natural person acting as a consumer, the applicable jurisdiction shall be that of their habitual place of residence, in accordance with the applicable regulations.
Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, HARBIZ informs you that, in the event of a dispute, Users who are consumers residing in the European Union may use the "Online Dispute Resolution Platform" developed by the European Commission in order to attempt to resolve any dispute arising from the provision of services by HARBIZ out of court.
The Customer User can access the "Online Dispute Resolution Platform" via the following link: http://ec.europa.eu/consumers/odr/
