TERMS AND CONDITIONS HOMER

The following terms and conditions (“General conditions”) regulate access and use, by the User, of the Website www.homer.es and related applications (“Website”) whereby the Homer Home Services company, S.L. (“Homer”) provides services to its users. By accepting these General Conditions, the user declares that he has read, understand and understand what is stated here, that he is a person with sufficient capacity to make use of the platforms and that he assumes all the obligations set forth herein.

The use of the Website attributes the condition of user of the Website (the "User”) and implies the acceptance of all the terms included in these General Conditions. The User must carefully read these General Conditions when accessing the Website, since it and these General Conditions may be modified. In any case, The applicable General Conditions will be those published at the time of access and / or use of the services provided by Homer through the web. The mere use or access to the website expresses the conformity and acceptance by the user of the General Conditions set out in said access or use.

The Homer platform is used by Users who request the services or products related to the home (“Customers”) and Users who provide the work or service (the "Supplier”). The activity of the platform is the mediation of a service provider of the information society that favors the contact between Users.

The User agrees not to use or attempt to use, and will make every part under your control not use or attempt to use any motor, software, tool, agent or other system or mechanism (included, without limitation, browsers, ‘spiders’, ‘avatars’, the smart agents) to browse or search Homer, except the search engine and search agents that were available on Homer.

The User agrees not to use Homer or the services made available to him in such a way that Homer or said services are interrupted, harmed, diminish its efficiency or impaired in any way. Likewise, undertakes to assume full responsibility for the use of Homer made by the User and its subcontractors and agents and, consequently, accept responsibility in accordance with these General Conditions. The User agrees not to use Homer to gain access or try to gain unauthorized access to other computer systems.

The owner of the Website reserves the right to carry out, at any time and without prior notice, any modification or update of its contents and services, of these General Conditions and, in general, of how many elements make up the design and configuration of the Website.

The modification of these General Conditions will not affect the goods or promotions that had been acquired prior to said modification..

1. Object

Homer is a brokerage company, whose main activity is the development and management of a technological platform through which, through a mobile application or a website, it allows to put Clients in contact with service providers.

The Client chooses the required services and it is the platform that provides them, those Suppliers that meet the needs previously selected by the Clients, in which case Homer acts as a mere intermediary and therefore, cannot and does not assume any responsibility for the correct provision of the services offered directly by the Providers.

The Homers therefore, are a network of Providers that are independent professionals who collaborate with Homerapp, when they are interested in providing services, They connect to the Homerapp Platform and in a certain time they agree to perform the service entrusted to them by the Client through the aforementioned mandate..

2. General information of the Website www.Homer.es

In compliance with the provisions of article 10 of the law 34/2002 from 11 July of services of the information society and electronic commerce, Below is the general information of the Website:

Headline: Homer Home Services, S.L.
Registered office: Diego de Leon Street, number 60, Esc. B, 3º Izda, from 28006 Madrid
N.I.F.: B-88502380
E-mail: info@homer.es

Telephone: 653397641
Registry data: Mercantile Registry of Madrid dated 05/11/2019, Registration Number 1, tomo 39758, folio 1, leaf 706429.

 

 

3. Terms of use

3.1. Need for registration

In general, To access and browse the contents of the Website, it is not necessary to register the User.. However, The use of certain services and content may be conditioned on the User's prior registration..

The data entered by the User must be exact, current and truthful. The registered User will be responsible at all times for the custody of their password, consequently assuming any damages that may arise from its improper use, as well as the assignment, disclosure or loss of it. To these effects, access to restricted areas and / or the use of services and content made under the password of a registered user will be deemed to have been made by said registered user, who will respond in any case of said access and use.

Users understand and accept that given the nature of the service, part or all of your data (Name, direction, documentation) can be transmitted to another User or company to carry out the service, delivery of products or budget. For example: Users accept the transmission of data the data necessary for the correct performance of the service (Name, direction, phone and others). In the same way, the person who performs the service understands and accepts that it is requested and has access to the data incorporated in the platform and profile. (Name, direction, identity, etc.) to guarantee the security and legality of the service.

3.2. Rules of use of the Website

The User undertakes to use the Website and all its content and services in accordance with the provisions of the law., the moral, public order and in these General Conditions. Likewise, undertakes to make appropriate use of the services and / or contents of the Website and not to use them to carry out illegal or criminal activities, that violate the rights of third parties and / or that violate the regulation on intellectual and industrial property, or any other rules of the applicable legal system.

The User agrees not to transmit, Introduce, disseminate and make available to third parties, any type of material and information (data, contents, messages, drawings, sound and image files, Photographs, software, etc.) that are against the law, the moral, public order and these General Conditions. By way of example, and in no case limiting or exclusive, the User agrees to:

1. Do not introduce or disseminate data programs on the network (viruses and malicious software) liable to cause damage to the computer systems of the access provider, its suppliers or third parties Internet users.
2. Do not spread, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
3. Do not transmit unsolicited or authorized advertising, advertising material or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for it.
4. Do not introduce or disseminate any false information and content, ambiguous or inaccurate in a way that misleads the recipients of the information.
5. Not to impersonate other Users using their registration keys to the different services and / or contents of the Website.
6. Do not spread, transmit or make available to third parties any type of information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Website or third parties.
7. Do not spread, transmit or make available to third parties any type of information, element or content that implies a violation of the secrecy of communications and the legislation of personal data.

The User undertakes to hold Homer harmless against any possible claim, more, penalty or sanction that may be obliged to bear as a result of the User's breach of any of the aforementioned rules of use, reserving, what's more, Homer the right to request compensation for damages that corresponds.

3.3. Liability Exclusion

Homer is not responsible for the content and information that users put on the web or in other channels since it does not review or validate them.

3.4. Contents and services linked through the Website

The website access service includes technical link devices, directories and even search tools that allow the user to access other Internet pages and portals. In these cases, Homer is not responsible for them. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, they may notify Homer., Without in any case this communication entails the obligation to remove the corresponding link.

In no case, The existence of Linked Sites must presuppose the formalization of agreements with those responsible or owners thereof., nor the recommendation, promotion or identification of Homer with the manifestations, content or services provided.

Homer does not know the contents and services of the Linked Sites and, therefore, is not responsible for damages caused by wrongfulness, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites or for any other damage that is not directly attributable to Homer.

3.5. Intellectual and industrial property

All the contents of the Website, understanding by these, by way of example only, The texts, Photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of Homer or third parties, Without any of the exploitation rights recognized by current regulations on intellectual property over them being understood to be assigned to the User..

Brands, trade names or distinctive signs are owned by Homer or third parties, without it being understood that access to the Website attributes any right over them.

About all the content freely published by the User on the Website, understanding how such videos, photographs and any comments, opinion or description (the "Contents”), The User grants Homer a free license of use without any temporal or territorial limitation.. Based on said license, Homer will be able to freely exploit the reproduction rights, transformation, distribution and public communication of the Contents, solely for the purpose of being able to provide the services requested by the User.

4. Web services

These conditions govern the contracting of products or services either sporadically or recurrently through Homer.

The service provided by Homer is intended to mediate between Users for the performance of services as well as their online management. Homer does not have any kind of power in the decision of the Provider when accepting or rejecting a service. The Provider sets its rate for the provision of services.

Homer allows you to find a person verified by other Users for services to your home. For it, Homer allows Clients to rate tasks after each service. In the case of cleaning private homes, the contractual and employment relationship for the provision of cleaning services will bind the domestic worker and their Client as established in the Home Regime (more information in the Social Security and TO FATHER), Homer limiting itself to providing mediation services through software to make the service more efficient.

In other services the relationship of services will be the one established by the Self-Employed Regime. A) Yes, any employment relationship will be between the Supplier and its Client. Without prejudice of the previous, Homer can act as a mediator before any damage so that users can claim for the repair of the same. Users acknowledge that Homer is not responsible for possible damages occurred during the service.

You can notify through the web account or email the correct execution of the task or, otherwise, dissatisfaction with it.

All Users undertake to always maintain education and respect among themselves at all times.. All users will have the power to decide whether or not they want a service to be performed.

The Provider may unilaterally decide whether to accept and cancel a service at its own risk and expense.. You can also decide the time slot in which to work and attend or not the address that requests it.. The acceptance and cancellation of the services is in no case the responsibility of Homer.

Within the profile available on the web, Any Provider may provide documents that prove the payment of Social Security contributions or any other that may be required by a user in order to facilitate the verification of the documents..

In case of giving the keys of the address for the realization of the service, The responsibility and final decision to give or not the keys and possible derived problems fall on the person in charge of the address.

Homer may offer commercial discounts on some services in order to attract new Users or encourage the repetition of services. Homer reserves the right to withdraw these discounts and promotions without prior notice without causing harm to users who have already used it.. Discount codes can be used only in the first service and only once per user and per home..

Promotional codes must be correctly entered in the application prior to requesting the service, otherwise, their use will not be effective for the User and they will not be able to enjoy them..

Homer acts as a provider of information society services, which is why it is alien to the service providers who act as users of the platform.. The relationship between the Providers and Homer is commercial since Homer bills based on the use of the platform.

The user knows that Homer does not offer a guarantee for possible damages that have occurred during the course of the service..

 

5. Payment policy and service changes

In most services, payment will be made after the completion of the service. For it, the secure platform of Redsys.

Website and terms: http://www.redsys.es/

This way the money will be processed directly between the users. When dealing with recurring services, Redsys has access to charge the card that the user wishes once each of the services has been completed. Homer in no case has access to the card data.

In the event that the service has not been performed in accordance with the time or agreed conditions, the user has 24 hours to report, also in the case of any other incident. Given the nature of the service, After this period, no modifications will be accepted.

Payment processing services for Providers on Homer are provided by Redsys and are subject to the Redsys Connected Accounts Agreement.. By accepting these terms or continuing to operate as a Provider in Homer, you agree to comply with the obligations of the Redsys Service Agreement, which can be modified by Redsys from time to time. For Homer to offer payment processing services through Redsys, you agree to provide Homer with complete and accurate information about yourself and your business, and authorizes Homer to share such information and transaction data related to the use of the payment processing services provided by Redsys.

 

6. Right of withdrawal and cancellation of services

The User may cancel a service for free as long as Homer has not accepted the service.

In accordance with the very nature of the service offered by HomerHomeServices, the User is aware that once a Homer has voluntarily accepted a service, It is considered that the execution of the service mandate has begun and therefore the User will not have the right to withdraw from the service request for free.

Homer does not offer or provide any service other than locating Providers that offer services. Homer, undertakes to act as a mediator to ensure that the service is received under the agreed conditions. For all this, Homer cobra (i) fixed fees to Suppliers for the use of the platform.

Anyone who wants to cancel the service can do so through Homer 12h before the completion of the task. If the term is less, cancellation may have an economic cost.

If the client cancels a service between 6h and 12h in advance, you will be charged for 50% of the contracted service.

If the client cancels the service between 6h and 2h in advance, you will be charged for 75% of the contracted service.

If the client cancels the service 1h before the service is performed, you will be charged for 100% from service.

Homer reserves the right to cancel a service without having to claim just cause. In case of cancellation urged by Homer, The User will have the right to reimbursement of the amount paid.

7. Geolocation

Homer will be able to use and share precise data on locations, including the geographic location in real time of the User's computer or mobile device, provided that the User authorizes it. This location data may be collected and used by Homer to show Users the location of the destination origin.. In this sense, Users expressly consent that their geolocation data be shared with other Users and Providers in order to perform the requested service at all times.. Users may choose to disable geolocation on their devices.

It is the responsibility of the User to correctly enter the address of the service.. In this sense, Homer is not responsible for errors or omissions in the consignment of the same by the User.

7. Applicable legislation and competent jurisdiction

These general conditions are ruled by the Spanish Law. The parties submit, your choice, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user's domicile.