Website terms and conditions of use

TERMS AND CONDITIONS OF ROCKET CLEANERS

 

1. Previous information

These Terms and Conditions regulate the access and contracting by Users of the Services provided on the Platform www.rocketcleaners.es (hereinafter, the "Platform") owned by TechBind OÜ (hereinafter, "ROCKET CLEANERS"), with registration number 16837906, and registered address at Harju maakond, Tallinn, Lasnamäe linnaosa, Võru tn 11, 13612, Estonia.

For the purposes of these Terms and Conditions, a User shall be understood as any individual who, as part of their business or professional activity, as well as individually, accesses the Platform with the aim of providing or hiring cleaning services (hereinafter the "User" or collectively the "Users").

In this sense, throughout these Terms and Conditions, a distinction will be made between the User who requests and contracts cleaning services (hereinafter, the "Client User") and the User who offers the provision of their services in accordance with the available cleaning requests on the Platform (hereinafter, the "Professional User").

For any questions, the User may contact the following email address: info@rocketcleaners.es

 

2. Acceptance of the Terms and Conditions

The registration and use of the functionalities offered through the Platform imply the acceptance of these Terms and Conditions, as well as any future modifications and/or additional legal texts that ROCKET CLEANERS may include.

By accepting the Terms and Conditions, the User undertakes to act at all times in accordance with the provisions set forth in this legal text, which define the rights and obligations of ROCKET CLEANERS and the Users regarding the use of the functionalities accessible through the Platform. These are the only applicable Terms and Conditions for the use of the Platform and replace any other conditions.

Accessing, registering, browsing, using, hosting, and/or downloading content and/or using the services of the Platform by minors (under 18 years of age) is prohibited. By accepting these Terms and Conditions, the User declares to be over 18 years of age and to have the legal capacity to contract and participate in the services offered through the Platform.

Furthermore, the functionalities available on the Platform are only available for the city of Madrid. Without prejudice to the possibility of expanding the geographical scope of the Platform, in which case these Terms and Conditions will be updated, notifying the geographical expansion on the Platform itself.

 

3. Purpose

The present Platform has been developed by ROCKET CLEANERS with the purpose of creating a means for Users to contact each other to request, contract, and/or carry out cleaning services. Specifically, the Client User may publish offers and contract cleaning services among the contact requests received from Professional Users interested in providing the services required or offered by the Client User (hereinafter, the "Platform Functionalities" or "Functionalities").

ROCKET CLEANERS provides all Users with a Platform through which Client Users can publish their ads so that Professional Users dedicated to cleaning can apply for or request to carry out the published cleaning services. The Client User has the possibility to select, contact, and/or hire Professional Users who fit the required services through the Platform, in which case ROCKET CLEANERS acts as a mere intermediary and therefore cannot assume any responsibility for the proper provision of services carried out directly by Professional Users or for the hiring and/or remuneration received by them.

ROCKET CLEANERS does not provide cleaning services itself in any case, therefore it warns its Client Users that it will not assume any responsibility for the proper execution of the Services, as the sole responsibility for the proper provision lies with the Professional Users chosen and hired by the Client Users.

 

4. Operation of the Platform and User Obligations

In order for Users to enjoy the functionalities offered through the Platform, the following should be taken into account:

4.1. User Registration

In order to publish offers for cleaning services and manage requests from Professional Users, the Platform offers Client Users the possibility to create an account through an online form that must be completed with the required information.

Likewise, Professional Users must create a user profile on the Platform by completing a dedicated form, describing the services they can provide, including a profile photo, and filling out a questionnaire about their professional experience. This profile will be displayed to the Client User after accepting the budget offered by the corresponding Professional User.

ROCKET CLEANERS will provide personal passwords to Users who register on the Platform. These passwords will be used to access the functionalities provided through the Platform.

Users will be fully responsible for the use of their account, including the publications and contact messages made from it. Therefore, Users are responsible for the proper custody and confidentiality of their username and/or passwords that allow access to their account, and undertake not to transfer their use to third parties, either temporarily or permanently, or to allow access to third parties.

In light of the above, Users must immediately notify ROCKET CLEANERS via email at info@rocketcleaners.es of any misuse of their username and/or password, due to circumstances such as theft, loss, or unauthorized access to them, so that ROCKET CLEANERS can proceed with their cancellation or blocking and/or disablement as soon as it becomes aware of the improper use of their User Account. Until such facts are communicated, ROCKET CLEANERS will be exempt from any liability that may arise from the unauthorized use of usernames or passwords by unauthorized third parties.

Users assume full responsibility for their use of the Platform. The Platform may provide access to a large amount of text, graphics, drawings, designs, photographs, multimedia content, and information (hereinafter, the "Content") belonging to ROCKET CLEANERS or third parties.

The User agrees, in general, to use the Platform diligently, in accordance with the law, morality, public order, and the provisions of these Terms and Conditions, and shall also refrain from using them in any way that may hinder, damage, or impair the normal operation and enjoyment of the Platform by users or that may harm or cause damage to the property and rights of ROCKET CLEANERS, its suppliers, other users, or any third party in general. Without limitation, Users undertake not to use such Content or Services to:

1. a) Make unauthorized or fraudulent use of the Platform;
2. b) Access or attempt to access restricted resources of the Platform;

 

1. c) Use the Platform for illicit, illegal, and/or contrary purposes to those established in these Terms and Conditions, which may be detrimental to the rights and interests of third parties, or that may in any way damage, disable, overload, or prevent the normal use or enjoyment of the Platform;
2. d) Cause harm to the Platform or third-party systems;
3. e) Introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the systems of ROCKET CLEANERS or third parties;
4. f) Attempt to access, use, and/or manipulate the data of ROCKET CLEANERS, other Users, or third parties;
5. g) Reproduce, copy, distribute, transform, or modify the contents, allowing access by third parties through any form of public communication, unless authorized by the holder of the corresponding rights or legally permitted;
6. h) Obtain or attempt to obtain the contents by means or procedures other than those made available for this purpose;
7. i) Attempt to access and/or use the email accounts of other Users and/or modify or manipulate their messages; and
8. j) Users shall not disclose their username and password to unauthorized third parties and shall immediately inform ROCKET CLEANERS of any unauthorized access by a user.

In addition, Users agree to keep their account information accurate, complete, and up-to-date (name, surname, phone number, email, profile picture, etc.).

In relation to the above, ROCKET CLEANERS reserves the right to deny any attempt to access the Platform, block accounts, delete or modify content, or cancel the provision of services in cases where the Platform is misused, and may exercise all legal actions that may correspond, with the User being responsible for the expenses that may arise from such acts, as well as any damages caused.

4.2. User Account

Once the User has created an account to access the Platform, they will have access to a profile where they can enter their personal data, including their identifying and contact information, such as phone number and/or email.

The User guarantees that their data will be accurate, current, and truthful. Furthermore, they may cancel their account on the Platform at any time by following the instructions provided.

4.3. Operation of the Platform

Once the User's account registration is complete and confirmed, they can access the various functionalities offered on the Platform, according to their User category, namely:

Client User: Publish ads requesting cleaning services, and after paying the corresponding fee, they can contact Professional Users, manage requests for cleaning services, among others.

Professional User: Consult ads for cleaning services published by Client Users, offer their cleaning service rates to be contacted by Client Users to provide their services, among others. In this regard, ROCKET CLEANERS reserves the right to carry out additional verification of the Professional User's profile to ensure compliance with the safety and quality standards of the ROCKET CLEANERS Platform. If it is determined that they do not meet ROCKET CLEANERS' standards at any time, access to functionalities or offers directed at Professionals may be denied or withdrawn without prior notice.

ROCKET CLEANERS informs the User that, with regard to the ads published on the Platform, ROCKET CLEANERS exclusively acts as an intermediary. Therefore, its main and only role is the management of the Platform, but it does not provide any guarantees regarding the quality, duration, or satisfaction of the Services, nor the hiring, labor and/or tax obligations, or compensation that may arise between Users.

Since ROCKET CLEANERS is not responsible for the organization or execution of the Services offered through its Platform, the Client User must directly contact the Professional User to address any questions or inquiries regarding these services. Similarly, with regard to payment, compensation, cancellation, refund, and/or any procedures related to the hiring of Professional Users, they must contact the Client Users.

Professional Users who provide cleaning services do not have any type of labor relationship, agency, membership, or any similar relationship with ROCKET CLEANERS. Therefore, they act independently on their own account and are responsible for complying with any applicable tax, fiscal, labor, or social security obligations.

Likewise, Users will be responsible for declaring and paying the corresponding taxes, as well as issuing an invoice if requested by both parties. Since ROCKET CLEANERS does not provide the cleaning service, it cannot issue any invoice for the provision of such services, nor will it be responsible for the contractual or legislative non-compliance by Users.

4.4. User Conduct on the Platform

Users commit to making lawful, diligent, honest, and proper use of any information or content they have access to through the Platform, always acting in good faith and respecting current legislation and the Terms and Conditions. All Users will provide a safe and appropriate environment and commit to complying with any obligations imposed by applicable law, particularly in labor, social security, the Special System for Domestic Employees, or any other obligations that may apply to them by law.

In particular, but not limited to, any person visiting the Platform, as well as Users, must refrain from:

1. Providing false, inaccurate, incomplete, and/or outdated data, or providing another user's identifying data or impersonating any person or entity.
2. Using the Platform for fraudulent purposes or engaging in criminal activities or any type of illicit activities.

iii. Maliciously or intentionally causing harm or damage that may impair or alter the Platform, nor introducing or spreading computer viruses that may produce unauthorized alterations to the content or systems comprising the Platform. The User shall not scan or test the vulnerability of any ROCKET CLEANERS system or network, or violate any security or authentication measures, or attempt to decipher or disassemble the software used by ROCKET CLEANERS to provide services through the Platform.

1. Using the Platform to send, use, or reuse material or information that is illegal, offensive, pornographic, abusive, indecent, defamatory, obscene, threatening in any way, or that violates copyright, trademarks, confidentiality, privacy, or any other rights, or is otherwise injurious or objectionable to third parties, or whose content contains computer viruses, political propaganda, advertising content, chain emails, mass mailing, or any other type of "spam," and, in general, any kind of unnecessary annoyance or inconvenience.

 

1. Downloading, sending, or otherwise distributing content or applications that may violate any applicable laws or infringe on the rights of any party.
2. Not sending messages of a massive and/or repetitive nature to a plurality of people, nor sending third-party email addresses without their consent.

vii. Using the tools provided by ROCKET CLEANERS to Users for purposes other than purely informational ones.

viii. Promoting or encouraging third parties to engage in any of the aforementioned practices or contribute to them.

ROCKET CLEANERS shall have the right to investigate and report any of the aforementioned behaviors in accordance with the law, as well as to collaborate with authorities in the investigation of such actions. In the event of a conflict between Professional Users and Client Users, ROCKET CLEANERS may, within its capacity as an intermediary, collaborate in achieving a friendly resolution of the conflict between both Users. ROCKET CLEANERS may, for example but not limited to, verify orders, details of service requests, and contact the parties involved in the disputed incident.

ROCKET CLEANERS reserves the right to deny any attempt to access the Platform or cancel the provision of services in cases where the Platform is misused. In particular, ROCKET CLEANERS reserves the right of admission and exclusion from its Platform. Any User who fails to comply with the rules contained in these terms and conditions or for any other reason deemed by ROCKET CLEANERS may be excluded from the Platform.

ROCKET CLEANERS is committed to providing all necessary support to the User to reach a quick and satisfactory resolution of the incident, as well as committing to the removal of any advertisement published on its Platform whose content violates applicable laws when it becomes aware of its existence.

 

5. Fee and Subscription Fees for Functionality

 

The registration of a Professional User will be free of charge; however, the registration of a Client User to publish cleaning service advertisements or requests will be subject to a fee according to the different subscriptions available on the Platform at any given time. The subscription allows Client Users to access the Platform for a period of 72 hours or, in the case of a monthly subscription, for one month.

The subscription fee will be collected through the external service provider STRIPE. Therefore, in order to make the payment, the User will accept STRIPE's own Terms of Use.

The subscription fee only includes the functionalities offered on the Platform and does not include the services provided by the cleaning Professional Users or any associated expenses or costs.

Access to paid functionalities will be available according to the selected subscription period, and the User will lose access to these functionalities once the period has expired or in case of non-payment of the corresponding fee.

The lack of access or use of the functionalities by the User during the selected subscription period does not entitle them to any refund, reimbursement, or extension of the contracted subscription.

 

The Platform will make reasonable efforts to verify the accuracy of the questionnaires and contact information of Professional Users, but it is not responsible for the accuracy of the data indicated in the questionnaires, the accuracy of the contact information of Professional Users, or whether Professional Users are actually the individuals they claim to be. The Platform will not be liable for any direct or indirect damage caused by the inaccuracy of Professional Users, including any losses suffered by the Client User or other persons due to the actions or omissions of Professional Users.

The Platform does not guarantee that the paid subscription will allow the Client User to find or hire a Professional who meets their requirements or expectations for the required cleaning services. Through the paid access, the Platform provides contact information of Professionals who have submitted or offered their quotes for the provision of cleaning services. However, the Professional has the right to accept or reject the Client User's proposal.

 

SERVICE CANCELLATION, WITHDRAWAL, AND REFUND POLICY

The Client User may cancel the requested or directly contracted cleaning services with the Professional User, agreeing on the cancellation conditions before the agreed service is provided. In any case, the conditions of the cleaning service, payment, cancellation, or refund will be agreed upon between the Professional User and the Client User.

The Client User understands and accepts that, in accordance with the exceptions to the right of withdrawal provided for in Article 103 of the Consumer and User Protection Law, there is no right of withdrawal, and therefore no refund of the subscription fee once contracted. However, ROCKET CLEANERS will make every possible effort, if possible and reasonable, to satisfy the Client User through a commercial gesture, depending on the case and at the discretion of ROCKET CLEANERS.

However, the Client User has the right to cancel their contract, unsubscribe as a User, as well as renew the subscription for a period equal to or different from the initially contracted one.

The User can unsubscribe by canceling their Account in the corresponding section of their profile or by sending an email to info@rocketcleaners.es.

Advertisements published on the Platform may be subject to modifications and/or updates by the User who posted them. ROCKET CLEANERS constantly and automatically updates the Platform to ensure the maximum correspondence between the actual offer of Services and the information available on the Platform. However, ROCKET CLEANERS does not guarantee or take responsibility for real-time updates by Client Users of advertisements requesting cleaning services, and it may happen that a service request has already been completed or covered by a Professional User.

6. Exclusion of Liability

ROCKET CLEANERS acts as an intermediary regarding the Services advertised and contracted through its Platform. Therefore, the organization and execution of the Services depend solely and exclusively on the Client User and the Professional User, respectively.

ROCKET CLEANERS does not have the status of an employer regarding the Professionals and/or organizers of the Services offered. Therefore, ROCKET CLEANERS is not aware of the level of qualification, skill, aptitude, or suitability of the professionals and organizers to provide the offered cleaning Services.

In light of the above, ROCKET CLEANERS does not provide any guarantee regarding the quality, timeliness, or any other variable related to the services provided by Professional Users once contact is established with Client Users, nor does it assume any responsibility, in any case, for damages of any nature that may arise from the hiring of services by Users.

Rocket Cleaners is not obligated to verify the identity of Users, nor does it guarantee the accuracy, validity, completeness, and/or authenticity of the data provided by them. Any reference to a "verified" Professional User (or similar term) only indicates that the User has completed the corresponding identification process to be registered as a User, but it does not mean anything more. This type of description does not imply endorsement, certification, or guarantee by Rocket Cleaners regarding any User, including the identity or background of the User or their reliability, safety, or suitability. In the event that a third party, different from the one that underwent the profile verification, gains access to this verified account, with or without the consent of the verified User, Rocket Cleaners will not be held responsible for the damages caused, and the responsibility for the accuracy of the provided data will be waived, as it would be in violation of these Terms and Conditions.

In this sense, it is the responsibility of the Client User to ensure and verify that the Professional User meets their requirements for the provision of cleaning services, as well as their reliability and safety.

Rocket Cleaners excludes any liability for damages of any kind that may arise from the illicit use of the Platform by Users or that may be due to the lack of accuracy, validity, completeness, and/or authenticity of the information that Users provide to other Users about themselves, and in particular, though not exclusively, for damages of any kind that may arise from the impersonation of a third party by a User in any form of communication carried out through the Platform. Specifically, Rocket Cleaners is not responsible for the use of the Platform or the services contracted by Users on it.

7. Intellectual and Industrial Property

All rights to the content, design, and source code of this Platform, and specifically, but not limited to, all rights to photographs, images, texts, logos, designs, trademarks, trade names, data included in the Platform, and any other intellectual and industrial property rights, are owned by ROCKET CLEANERS or third parties who have expressly authorized ROCKET CLEANERS to use them on its Platform.

Therefore, based on the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law, regulating, clarifying, and harmonizing the existing legal provisions on the subject (hereinafter referred to as the "Intellectual Property Law"), as well as Law 17/2001, of December 7, on Trademarks and complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including its availability modality, of all or part of the contents of the Platform, on any medium and by any technical means, is expressly prohibited without the express written authorization from ROCKET CLEANERS.

Specifically, in accordance with national, European, and international regulations on intellectual property, the use of all or part of the content of this website, and specifically the content created by ROCKET CLEANERS, for commercial purposes, on any medium and by any technical means, is expressly prohibited without the authorization of ROCKET CLEANERS.

The User agrees to respect the Intellectual and Industrial Property rights owned by ROCKET CLEANERS. The User must refrain from deleting, altering, bypassing, or manipulating any protection device or security system installed on the ROCKET CLEANERS Platform.

ROCKET CLEANERS does not grant any license or authorization to use its intellectual and industrial property rights or any other property or right related to the Platform, and under no circumstances shall the access and navigation of the Users imply a waiver, transfer, license, or total or partial assignment of such rights by ROCKET CLEANERS.

Any unauthorized use of these contents by ROCKET CLEANERS will be considered a serious breach of intellectual or industrial property rights and will give rise to legally established responsibilities.

8. Breach of the Terms and Conditions

In the event that the User breaches these Terms and Conditions, without prejudice to any legal actions that may be taken in each case, ROCKET CLEANERS reserves the right to suspend, restrict, cancel, and/or terminate access to the Platform and the use of all or some of the Services without prior notice, adopting the necessary technical measures for this purpose.

Likewise, the User undertakes to hold harmless and, where applicable, indemnify and compensate ROCKET CLEANERS, its directors, employees, affiliates, agents, and any other related persons, from any claims, liabilities, damages, losses, expenses, or any other concepts, whether reasonable or not, resulting from any breach of these Terms of Use by the User.

 

9. Protection of Personal Data

 

ROCKET CLEANERS guarantees the security and confidentiality of the personal data provided by Users in compliance with the provisions of Regulation 2016/679 of April 27, 2016, regarding the protection of individuals with regard to the processing of personal data and the free movement of such data (hereinafter referred to as the "GDPR") and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (hereinafter referred to as the "LOPDGDD").

In this regard, Users are informed that, regarding privacy and the protection of their personal data, they can exercise the following rights:

1. Access their personal data;
2. Request the rectification of any inaccurate data;

iii. Request the deletion of their data;

1. Request the limitation of the processing of their data;
2. Object to the processing of their data;
3. Exercise their right to be forgotten; and

vii. Request the portability of their data. Additionally, Users have the right not to be subject to decisions based solely on automated data processing.

The User can exercise all these rights by sending an email to the following address: info@rocketcleaners.es, indicating the reason for their request and properly identifying themselves.

Notwithstanding the above, for full details on the processing of personal data carried out by ROCKET CLEANERS, the User may find the privacy policy at the following link: [INCLUDE LINK TO ROCKET CLEANERS' PRIVACY POLICY]

10. Modifications

The information displayed on this Platform is current as of the date of its last update. ROCKET CLEANERS reserves the right to update, modify, or delete the information on this Platform, as well as these Terms and Conditions, the privacy policy, or any other information.

 

The modifications to the Terms and Conditions will take effect from the moment of their publication on this Platform.

11. Safeguard Clause

All clauses or provisions of these terms of use must be interpreted independently and autonomously, and the remaining provisions will not be affected if one of them is declared null and void by a court decision or final arbitral award. The affected clause(s) will be replaced by other clause(s) that preserve the intended effects of the terms of use.

12. Jurisdiction

The parties agree that these Terms and Conditions are subject to Spanish law.

Any dispute arising from the application, execution, or interpretation of these Terms and Conditions will be resolved by the Courts and Tribunals of the city of Madrid in cases where the User has acquired ROCKET CLEANERS' services in the course of their profession or occupation.

For the resolution of any disputes that may arise with Client Users or Users who are considered consumers, i.e., who have acquired ROCKET CLEANERS' services for purposes outside their commercial, business, profession, or occupation, the parties, in accordance with Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of their place of residence as consumer users.

13. Extrajudicial Resolution of Disputes

In accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes, the Platform informs that, in the event of a dispute, a User residing in the European Union can use the "Online Dispute Resolution Platform" developed by the European Commission to try to resolve any disputes arising from the contractual relationship between the parties out of court.

If you wish to access the "Online Dispute Resolution Platform," you can do so through the following link: http://ec.europa.eu/consumers/odr/.