End-User License Agreement ("Agreement")

Last updated: (25 June 2018)

Welcome to Jobify App S.L.´s (“Jobify”, "Hobify", “We”, “Us”, “Our”) mobile device software application (the “Hobify Software”), Web site, and any other mobile or web services or applications owned, controlled, or offered by Jobify App S.L. now or in the future (collectively, the “Jobify Services”). For clarity, any reference herein to “Jobify Services” includes the “Hobify Software.” Users who access, download, use, purchase and/or subscribe to the Jobify Services (collectively or individually “You” or “Your” or “User” or “Users”) must do so under the following Terms and Conditions of Service and Privacy Policy (please see  (COLLECTIVELY, THIS “Agreement”).

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Hobify ("Application").

By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

Who We Are

Jobify App S.L. (the “company”) is registered in Madrid, Spain. 

O´Donnell Street 12,

28009 Madrid

Telephone: +34910 380 102

Hobify is a social App to learn or teach a hobby. You can share awesome experiences with people around you.

License

Jobify grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Restrictions

You agree not to, and you will not permit others to:

a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

Modifications to Application

Jobify reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Term and Termination

This Agreement shall remain in effect until terminated by you or by the company. 

Jobify may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Jobify, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

No Liability 

For the avoidance of doubt, The company will not be liable for any unauthorized use of User Content by any User. 

Safety; Your Interactions with Other Users.

Though Jobify strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT JOBIFY APP S.L. DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. JOBIFY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. JOBIFY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

Terms applicable to all Listings

When creating a Listing through the Hobify Platform you must (i) provide complete and accurate information about your Task Service (such as listing description, price, location), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Jobify. You are responsible for keeping your Listing information up-to-date at all times.

You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a user requests a service of your service, you may not request that the user pays a higher price than in the booking request.

Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.

Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Services. 

When you accept or have pre-approved a task request, you are entering into a legally binding agreement with the user and are required to provide your Service(s) to the user as described in your Listing when the task request is made. You also agree to pay the applicable Fee and any applicable Taxes, which will be handled between users.

Jobify recommends that users obtain appropriate insurance for their Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of users (and the individuals the user has booked for, if applicable) while staying at your Accommodation, meeting place, participating in your Experience, Event or other Host Service.

Community Rules

By using the Services, you agree that you will not:

·       use the Service for any purpose that is illegal or prohibited by this Agreement.

·       Spam or defraud any users.

·       impersonate any person or entity or post any images of another person without his or her permission.

·       bully, “stalk,” intimidate, harass or defame any person.

·       post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.

·       post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

·       solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.

·       use another user’s account.

·       create another account if we have already terminated your account, unless you have our permission.

 

Jobify reserves the right to investigate and/ or terminate your account if you have misused the Service or behaved in a way that Jobify regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.

Users Age Limitation

The Service is targeted and can only be used by people of legal age or, if applicable, emancipated minors with full legal capacity to contract. Un-emancipated minors only may use the Service, with previous written permission of their parents, guardians or legal representatives, who will be responsible for the acts of those who are responsible for. It is important to note that these circumstances can not be verified by the Service Provider being responsibility of the parents or guardians of such un-emancipated minors to watch over for the correct use of the people who are dependent on are making within the Service and in particular, watch over the mobile phone that is being used to contract the Service. Likewise, the Service may only be contracted by the owner of the phone line that is associated with the Service. By accepting the Terms and Conditions, the user expresses to be legitimized and/or authorized to contract the Service and ensures the accuracy of all of the information given to the Service Provider. The user also expresses its commitment to make a proper use of the Service and agrees to comply with the current legislation that may be applicable in each case, as well as these Terms and Conditions, morality and/or public order. It is the user responsibility to respect these standards and it is strictly forbidden to use the Service subject to these Terms and Conditions for illegal purposes, or in any manner that violates or infringes the rights and interests of the Service Provider, its subsidiaries or of any other third party related. The user shall be exclusively responsible for any loss or damage caused by inappropriate, or illegal use of the Service

Amendments to this Agreement

Jobify reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Information

If you have any questions about this Agreement, please contact us at 

hola@hobify.es

Governing Law

For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Madrid, Spain, excluding Madrid’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. For the avoidance of doubt, the choice of Madrid governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.