Pluumber Terms and Conditions
The following are the “General Conditions” that regulate the use of Pluumber services, both in its web version and through the mobile application. These General Conditions constitute a binding agreement between any user and Pluumber Services & Maintenance. SL, and they will be considered accepted by you every time you access any of the web portal or the mobile application. Therefore, each user must read these General Conditions carefully and if they do not understand them, or do not accept them, they will not be able to use the services.
1. Ownership of the service
Both the published mobile platforms and this web portal are owned by Pluumber Services & Maintenance. SL, a Spanish company, domiciled in Pepe Osorio 56, 29670, Marbella (Malaga), with CIF. B-01758887 and registered in the Mercantile Registry of Malaga, Volume 27889, Folio 076, Section 1, Page MA-417391 (hereinafter “Pluumber”).
Any user may contact the company either at its registered office, or through our e-mail legal@Pluumber.es or the telephone number that appears on the website.
2. Conditions of use of the services
The services can be provided both from the Mobile Platform and from the website, but most of them will be developed through the Mobile Platform, acting as the place for (i) clients demanding services to announce their needs and receive the relevant quotes. (hereinafter “The Client”) and so that (ii) the service providers can access the clients’ requests and offer their services by sending the relevant estimates so that the client can make the decision to contract (hereinafter “The Professional”). Although throughout these terms we will refer to both roles jointly as “Users”.
Therefore, the purpose of Pluumber is to provide a place for individuals to create contacts for the purpose of providing or demanding services. This implies that the contractual relationship will be between the Client and the Professional. Pluumber does not assume any obligation from such contractual relationship since its function is simply to put both parties in contact to negotiate both the service to be provided and the price to be paid. Therefore, Pluumber is not involved in the transaction, nor does it recommend Professionals. The Customer expressly acknowledges that it is his sole responsibility to select a Service Professional and to negotiate with him the terms relating to the performance of any service or collaboration. Pluumber does not guarantee that a Professional is the most appropriate to perform the service requested by the Customer. Pluumber does not give guarantees about the quality or nature of the services and/or collaborations made, nor any other guarantee. Any commitment, statement or guarantee in this regard will be provided only by the Professional under the terms agreed with the Customer.
Therefore, the information contained in the Mobile Platform and the web portal is provided by the Clients and the Professionals, so Pluumber has no control over the accuracy, reliability, veracity of the published offers or the Contents generated neither by the Clients nor by the Professionals.
Therefore, Pluumber is not responsible for the Contents of the different user roles, the quality, security or legality of the services or professional data published, the veracity or accuracy of the professional lists, the capacity of the service clients to offer collaboration opportunities or services to the professionals.
On the other hand, if Pluumber detects that any content, or user profile, whether Client or Professional, contravenes these conditions of use, or performs any illegal act, it will delete or modify those contents or profiles within a reasonable period of time from its knowledge.
However, with the above exceptions, you are advised that Pluumber Content generated by any user may contain inaccuracies or typographical errors. Pluumber does not guarantee the accuracy, reliability, and truthfulness of such Content.
Each User will make use of the Mobile Platform and the web portal, depending on his role, either being a Client or being a Professional at his own risk. Therefore, Pluumber cannot guarantee nor promise specific results when using the Mobile Platform or the web portal.
3. Obligations for all Pluumber users
Users who use the Mobile Platform and the web portal accept these General Conditions so as to ensure compliance with all applicable laws and regulations. In particular, both Clients and Professionals shall not use the Mobile Platform or the web portal to display, transmit, distribute or link any material that (i) is false or misleading. (ii) is discriminatory, defamatory, offensive or obscene or which may incite discrimination, hatred or violence against a person or group of persons on the grounds of their origin or membership of a specific ethnic group, country, race or religion, or on the grounds of their gender, sexual orientation or disability (iii) Affects privacy or public order (iv) or is in any way unlawful, infringes any applicable law or is harmful to others.
Furthermore, users agree not to use or attempt to use, and shall cause each party under its control not to use or attempt to use, any engine, software, tool, agent or other system or mechanism (including, without limitation, browsers, ‘spiders’, ‘avatars’, or intelligent agents) to browse or search the Web Site or Mobile Platform, except for the search engine and search agents that are available on the Web Site. Users agree not to use the Web Site, the Mobile Platform or the services made available to them in such a way that the Web Site, the Mobile Platform or such services are interrupted, impaired, less efficient or impaired in any way.
Likewise, they undertake to assume full responsibility for the use of the Website and the Mobile Platform made by the user (including their subcontractors, agents, collaborators, associates, dependents or, in any other way, are related to them) and, consequently, they accept responsibility in accordance with these General Conditions regarding the use of the Website or the Mobile Platform by third parties who are authorised by the user and who do not comply with these General Conditions.
Users agree not to use the Website or Mobile Platform to gain access or attempt to gain unauthorised access to other computer systems.
4. Obligations for all users considered as Customers
In particular, Clients undertake to (i) publish or demand real and not invented services; (ii) check the veracity of all information or documents presented by the Professional before accepting any of the services offered; (iii) pay the fees proposed by the professionals.
5. Obligations for all users considered Professionals
For their part, the Professionals undertake to (i) comply with all legal obligations for the development of their activity; (ii) provide the services diligently and with the maximum guarantees; (iii) provide the service in accordance with the specifications marked by the Client; (iv) offer the appropriate legal guarantees to the Client for the services provided.
6. Subscription services
Pluumber offers to the Professionals different modalities of management being totally free, being able to access to the job offers.
In any case, the Professional will be able to cancel his subscription through the Mobile Platform at any time. Once the cancellation order has been given, he will be able to enjoy the benefits of the contracted modality until the end of the corresponding contract period.
Pluumber reserves the right to modify or update, at its sole discretion, the conditions and rates applicable if it is convenient.
7. Incident management
Any incident related to a job that is verified will not be managed (if our verification team contacts the client and he confirms his interest in the offer, specifying the priority of the job, the description and the location, the job will be considered valid and any subsequent modification or cancellation will be the only and exclusive decision of the client, not competing with Pluumber).
Incidents received 30 days after the publication will not be attended either.
Only those incidents that, after not having been verified, are confirmed that there was no contact with the client will be attended.
8.Code of Conduct
From Pluumber there are several mechanisms to interact, both with Clients and Professionals, as well as with any other Internet user who requests information. Any of them, can use either the contact form or the customer service chat, as well as the company’s social networks, as long as they comply with the following code of conduct:
NO USER MAY IMPERSONATE ANOTHER PERSON OR ORGANIZATION.
NO DISRESPECTFUL OR OFFENSIVE LANGUAGE MAY BE USED.
It is ABSOLUTELY FORBIDDEN to present, quote and recommend companies or web portals, and in general to carry out marketing or spam actions. This type of content will be eliminated together with the accounts that carried out such action and even bring it to the attention of the Spanish Data Protection Agency.
9. Content and presentation of user information
For the correct functioning of the web portal and the Mobile Platform it is necessary to collect personal data. Therefore, all the data provided either by sending a contact form, interacting with the customer service chat, installing the Mobile Platform or registering in the web portal will be incorporated to the files and data processing owned by Pluumber App, SL for the following purposes:
To answer the information requests received through the contact forms
Manage user registration
Send you commercial information about new services and promotions of the company
11. Intellectual and Industrial Property
All the contents of the Web Site, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of Pluumber or of third parties, whose rights in this respect are legitimately held by Pluumber, being therefore protected by the national and international legislation. Therefore, it is strictly forbidden the use of all the elements object of industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation, with special attention to all the designs of the shown collections.
Likewise, Pluumber, by making its Mobile Platform available to all users, grants each one of them the non-exclusive and non-transferable right to use the Software, taking into account the following limitations
The User may only use the Software for its own functionalities described in this document.
He will not make any copy of the Software without the relevant authorisation of Pluumber App, SL .
Reverse engineering is prohibited. The User may not apply reverse engineering techniques, decompile or disassemble the Software, or perform any other operation that tends to discover the source code.
Leasing is prohibited. The User shall not lease or rent the Software to another person.
It is prohibited to create any alteration, adaptation, modification, translation, improvement or derivative work from the Software
It is forbidden to carry out any act that could be considered an infringement of any intellectual or industrial property rights belonging to Pluumber App, SL.
12. Exclusion of guarantees and responsibilities
With reference to the relationships created between Customers and Professionals, Pluumber does not assume any responsibility in relation to any contract or other agreement concluded between the Customer and the Professional, and without limitation Pluumber disclaims and declines any responsibility in relation to the quality or adequacy of any task performed, or not performed, by a Professional. Accordingly, Pluumber is not liable to Customer or Professional in any situation of conflict, act or omission resulting from the contractual relationship between them, including any damage suffered, whether direct, indirect, consequential, or lost profits, and those arising from, caused by, and/or resulting from the relationship.
Pluumber does not assume any responsibility for the accuracy of the data or documents provided by the Professional, as well as for damages to a person, property or others, resulting from the presentation of a fraudulent proposal. The Customer accepts all risks associated with dealing with strangers or people acting under false appearances, as well as all risks associated with dealing with other users with whom he/she may come into contact through the Mobile Platform and the web portal, being his/her sole responsibility to adopt the relevant security measures.
Regarding the operation of the Mobile Platform and the web portal itself, Pluumber reserves the right to interrupt the access to the services at any time and without previous notice, either for technical reasons, security, control, maintenance, power supply failure or any other justified cause.
Consequently, Pluumber does not guarantee the reliability, the availability or the continuity of the Web or the Services, so the use of them by the users is carried out at their own risk, without, at any time, Pluumber can be held responsible in this respect.
Moreover, Pluumber does not assume any responsibility derived from it, by way of example but not limitation:
From the use that the users make of the materials arranged in the web, either forbidden or allowed, in infringement of the intellectual and/or industrial property rights of the contents of the web itself or of the portals of third parties.
Of the possible damages to users caused by the normal or abnormal functioning of the search tools, of the organisation or location of the contents and/or access to the services and, in general, of the errors or problems that are generated in the development or instrumentation of the technical elements that make up the service.
Of the contents of those pages to which users can access from links included in the website.
Of the acts or omissions of third parties, independently that these third parties could be linked to Pluumber through a contract.
In the same way, Pluumber excludes any responsibility for damages of any kind that could be due to the presence of virus or other harmful elements in the contents that could produce alterations in the computer systems as well as in the documents or systems stored in them, so Pluumber will not be responsible in any case when they occur:
Errors or delays in the access to the services by the user when entering their data in the corresponding form or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous case or force majeure and any other unforeseeable contingency beyond the good faith of Pluumber.
Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the services of the web site are constantly operational.
Errors or damages produced to the web site by an inefficient and bad faith use of the service by the user.
Of the non-operativity or problems in the email address provided by the user to send the requested information.
In any case, Pluumber commits itself to solve the problems that may arise and to offer all the necessary support to the user to reach a quick and satisfactory solution of the incident.
13. Links to other websites
Pluumber does not guarantee or assume any kind of responsibility for the damages suffered by the access to the Services/content of third parties through connections, links or links of the linked sites or about the accuracy or reliability of the same. The function of the links that appear in Pluumber is exclusively to inform the user about the existence of other sources of information on the Internet, where he can extend the Services offered by the Portal. Pluumber will not be responsible in any case for the result obtained through those links or for the consequences derived from the access of the users to those links. These third party Services are provided by them, so Pluumber cannot and does not control the legality of the Services or their quality. Consequently, the user must be extremely careful when evaluating and using the information and services existing in the third party contents.
It is expressly forbidden to introduce hyperlinks with commercial purposes in web pages not belonging to Pluumber that allow access to this web portal without the express consent of Pluumber. In any case, the existence of hyperlinks in web sites not belonging to the company, will not imply in any case the existence of commercial or mercantile relations with the owner of the web page where the hyperlink is established, nor the acceptance by Pluumber.
14. Duration and termination
These General Conditions will remain in force while you are a user of the Mobile Platform. Pluumber reserves the right, at its sole discretion, to employ all legal remedies including, but not limited to, removal of Content, immediate termination of your registration and ability to access the Mobile Platform and/or any other services provided to you by Pluumber, due to any breach of these Terms and Conditions or other legal documents published by the company.
Pluumber may revise these Terms and Conditions at any time by updating this page. In the case of a new update, Pluumber will notify you of the change of conditions in your personal account by means of the e-mail provided.
These General Conditions are governed by Spanish law, with express waiver of any other. If any court with competent jurisdiction should agree to the nullity of any provision of these General Conditions, the nullity of such provision shall not affect the validity of the remaining provisions of these General Conditions, which shall remain in force. No waiver of any term of these General Conditions shall be construed as a subsequent or continuing waiver of such term or any other term. Further, the failure of Pluumber to enforce any term of these Terms and Conditions shall not be construed as a waiver of such term nor shall it affect or otherwise limit Pluumber’s ability to enforce and demand compliance with such Terms and Conditions at any time in the future.
17. Applicable jurisdiction
For any interpretative or litigious questions that have nothing to do with the contracting process between the Client and the Professional that may arise regarding the web portal and the Mobile Platform, Spanish legislation shall be applicable and in the event of a dispute, both parties agree to submit, renouncing any other jurisdiction that may correspond, to the jurisdiction of the Courts and Tribunals of the city of Malaga (Spain).