TERMS AND CONDITIONS OF USE FOR THE CLIENT
Last update 4 October, 2021
These Terms and Conditions of Use under (A) do not apply to Clients who are looking for a Professional to perform Cleaning Work and wish to be served by a Professional who has been hired by YourPro. For these Clients, the Terms and Conditions of Use that follow under (B) are applicable.
The website www.yourpro.ie (hereinafter referred to as “the Site” or “Website”), owned and managed by the company under the name “DOULEUTARAS.COM LIMITED”, established in England (21 Aylmer Parade, Aylmer Road, London, England, N2 0AT), with Company Registry number of England and Wales 9226229, as it operates in Greece through the branch it has established, under the name “YourHero Ireland Limited”, based in Dublin, Ormond Building 31-36 Ormond Quay Upper Dublin 7, D07 EE37, under Registration Number 136158701001 and Tax Registration Number 997182625, e-mail address [email protected] and contact number +353 15 25 9713 (hereinafter referred to as “YourPro”, “our Company”, “we”, “ours”, or “us”).
Please read carefully these Terms and Conditions of Use (hereinafter referred to as “Terms of Use”). The Terms of Use include the terms on which we make the Website and our Services available to you and constitute the content of the contract you enter into with YourPro when you visit the Website or make any use of it. It is clear that these Terms of Use are binding on every single visitor of the Website to the maximum extent possible and to the extent that they can be applied, and where in the Terms of Use the term “use” is mentioned, this includes in any case the simple visit and Website browsing.
You must be over 18 years of age in order to use our Website and / or our Services.
Any use of our Website by you constitutes your unconditional acceptance of these Terms of Use and the Personal Data Protection Policy, which is available here, and as it is incorporated and constitutes an integral part of these Terms of Use, as applicable. In the event that you do not agree with part or all of these Terms of Use, please stop your navigation of our Website and / or the use of our Services, otherwise staying on our Website and / or using our Services will imply your consent and acceptance of these Terms of Use.
Only registered Clients can use the Services of YourPro. Each Client can create his personal account by filling in the required fields in the registration form or in the Work posting form that can be found on the main page of the Website of YourPro. However, you acknowledge that YourPro retains discretion, and without liability, may reject requests regarding the creation of an account.
You can see the Personal Data Protection Policy to be informed about what kind of information we collect during your registration process and how we use them.
The Client is fully responsible for maintaining the security of his password and in general for the security of his account. He shall be fully responsible for any act or action carried out in the account or through it and YourPro bears absolutely no responsibility whatsoever. The Client shall notify YourPro as soon as he notices any unauthorized use of his account or any breach of his security.
In case a Client wishes to delete his account, he should contact YourPro, at the following email address: [email protected]
2.2. Finding a Professional
Although YourPro makes every effort to ensure the provision of the best possible service, you acknowledge that it does not guarantee you and that it bears no responsibility in the event that no suitable Professional is found for a posted Work. Furthermore, YourPro does not bear any responsibility in case of submission of fraudulent, inaccurate or incomplete Offer by a Professional.
You acknowledge that YourPro is a website through which the Client who is looking for a professional to perform a work, can get in touch with various Professionals who are willing to offer this service. This means that the exclusive service offered by YourPro is that it brings the Client in contact with Professionals. Therefore, the service of YourPro is limited in the provision of the above facility and YourPro cannot guarantee and bears absolutely no responsibility for the identity and / or the qualifications and reliability of each Professional.
For these reasons, you acknowledge that the Client has the absolute and full responsibility to verify, before accepting the execution of the Work by a Professional, the identity and details of the Professional and that the Professional has the necessary license and meets all the legal requirements to practice his profession, is creditworthy, reliable and has trained and certified staff and / or subcontractors to carry out the Work, and it is also the sole responsibility of the Client to verify the accuracy of the information and / or documents that may be provided by each Professional before selecting and accepting his services. YourPro bears absolutely no responsibility and disclaims any claims regarding the above, such as in case the identity and / or details of the Professional are untrue, inaccurate, or incomplete. Furthermore, where a specific professional certification is required for the execution of a Work, YourPro recommends to the Client to request an official copy of this certification from the Professional before he starts the implementation of the Work. YourPro bears absolutely no responsibility in case the Professional does not meet all the legal conditions for practicing his profession.
YourPro works in the following ways:
You acknowledge and agree that in any case, YourPro does not recommend or indicate as appropriate specific Professionals. You acknowledge that you are responsible for evaluating each Professional and his / her Offer and either selecting the one you think is most ideal for you in case more than one Professional is interested in the Job you have posted, or accept or reject the only Professional who has shown interest in your Work or who was automatically and on the basis of geographical proximity and availability criteria notified by YourPro or even the unregistered Professional notified by YourPro, with whom you can get in touch to judge his credibility and suitability. YourPro bears absolutely no responsibility for your personal choice, and you choose and contract with the Professional at your own risk.
YourPro IS NOT A CONTRACTING PARTY AND DOES NOT PARTICIPATE IN ANY WAY TO ANY CONTRACT OR OTHER AGREEMENT COCNLUDED BETWEEN THE CLIENT AND THE PROFESSIONAL DIRECTLY OR INDIRECTLY THROUGH THE USE OF THE WEBSITE AND/OR THE SERVICES THAT ARE PROVIDED THROUGH IT.
YourPro just facilitates the conclusion of the respective agreements between the Client and the Professional exclusively by providing an internet space where the parties come in contact so that they can then conclude in the way and the type that they will choose. Therefore, you acknowledge that any agreement concluded by the Client with a Professional does not in any way bind YourPro and that YourPro bears no responsibility for any claims due to any dispute, act or omission in connection with the conclusion, validity or execution of any agreement between Client and Professional, including the Professional’s payment by the Client.
Furthermore, you acknowledge that even if YourPro, for your convenience, contacts you by telephone and with the Professional, in order to facilitate the communication between you, this in no way implies that YourPro becomes a party to any agreement concluded between the Professional and you, and YourPro does not bear any responsibility for claims from your relationship with the Professional.
YourPro is not responsible for the proper execution of the Work and / or for the quality or suitability of the services provided by the Professional or his subcontractors and for any relevant claim, such as indicative and not restrictive for any claims from theft or damage that are caused to persons, objects, assets and other items or other direct, indirect or ancillary damages that the Client may suffer from the Professional.
Given that YourPro does not participate in the configuration and is not part of the agreement between the Client and the Professional, in cases where there is a possibility of negotiation between the parties and the relevant terms are not already determined by the publication of the Work, YourPro is not involved in the formulation of the financial terms that will govern the respective agreement, as indicative and not restrictive, with the amount of the Professional’s remuneration, with the exception of Cleaning Works, which are invoiced on the basis of a Price List, which can be found here or the time, manner and place of its repayment (subject to the case in which the Client authorizes YourPro to issue a working stamp, as described below in point 2.5.3), and YourPro is also not involved in the compliance with the above terms. It is, therefore, the sole responsibility of the Client and the Professional, when and to the extent that is negotiable, to agree to the above terms, and to fulfill them.
In some cases of Work, YourPro may provide the Client with an estimate of the cost of the Work submitted. This can happen even before the final submission of the Work by the Client on YourPro Website, but also after the submission of the Work and during a telephone call to the Client for the verification of his data. You acknowledge that the cost estimate by YourPro is indicative and is made only for the convenience of the Client and that in no case the amount that YourPro will indicate as indicative for the specific Work is binding on the Client and / or the Professional, who may set a lower or higher fee.
In the light of all the above, it is clear that YourPro does not participate in the financial transaction between the Client and the Professional and that the Client transacts directly with the Professional.
THE CLIENT HAS TO PAY THE REMUNERATION FOR THE EXECUTION OF THE WORK DIRECTLY TO THE PROFESSIONAL AND THE PROFESSIONAL MAY CLAIM SOLELY BY THE CLIENT - AND NOT BY YourPro - THE PAYMENT OF HIS REMUNERATION FOR THE EXECUTION OF THE WORK, AS DEFINED BY THE AGREEMENT BETWEEN THEM.
Retention of documents related to the transaction between Professional and Client.
It is noted that YourPro does not maintain any record of any invoices, receipts or other documents / items related to the transactions of the Professional with the Client. The issuance and provision of the above documents by the Professional to the Client, which will prove the payment by the Client, is done without any participation or involvement of YourPro, and as a result YourPro disclaims any responsibility regarding the drafting and maintenance of the relevant documents.
The Client and the Professional shall comply with the applicable legislation and the principles imposed by good faith and fair trade practices and ensure that the content of the agreement or contract between them and any act or action does not contradict the foregoing.
Indicatively and not restrictively, YourPro draws the attention of the Client and the Professional to the following:
YourPro cannot know or guarantee that the Professional is insured and therefore bears absolutely no liability and disclaims any claims against any direct, indirect, or ancillary damage if the Professional is uninsured, either this is established before or after acceptance and / or execution of the Work by the Professional. For the above reasons, it is clear that YourPro in no way responsible for any claim in the event of an accident, injury or death of a Professional during the provision of the Work or during the transition to the place where the Work will be provided.
However, YourPro indicates to the Client and the Professional that in case the Professional is uninsured (for example, this may happen with people who offer cleaning services), there may be the possibility to legally provide the Client with his services, through the process of issuing an Working stamp. YourPro urges the Client and the Professional to be informed by the competent bodies about the transaction through Working stamp in order to find out if, for the specific Work, there is the possibility of transaction with the procedure of issuing a Working stamp and therefore if the Professional can legally undertake and execute the Work.
In any case, you are informed of the details of the Professional that are necessary in order to be able to issue a Workstamp.
2.5.3. Furthermore, in some cases of Works, you may also have the opportunity to authorize YourPro to issue a Working stamp in your name and on your behalf.
In any such case in which you authorize YourPro to issue a Working stamp, you accept that YourPro will issue in your name and on your behalf a Working stamp with your details, as you have declared and registered them during your registration with YourPro, and for a nominal value of Working stamp which will include both the amount payable to the Professional, as well as the social security contributions withheld by the competent social security institution.
You understand and undertake that in this case of the authorization to YourPro to issue a Working stamp, immediately after the performance of the Work by the Professional, you will pay to him in cash the total amount of the nominal value of the Working stamp, i.e. both the indicated amount of the nominal value of the Professional's remuneration, as well as the indicated amount of the social security contributions.
2.5.4. Even if YourPro indicates to the parties the possibility of issuing a Working stamp or even facilitates the Client with the issuance of it, you accept that in any case the observance of the insurance legislation is the sole responsibility of the Client and the Professional.
Having regard to the foregoing, you acknowledge that YourPro bears no responsibility whatsoever in the event that the Professional is deprived of any rights due to the issuance or non-issuance of a Working stamp, nor in the event that the parties do not proceed to all legal actions and procedures for the completion of the remuneration process through Working stamp or for any ancillary obligations.
3. Anti-Bribery, Corruption and Fraud Policy.
YourPro carries out his work with legal means and integrity. Fraud is unethical and illegal, corrupt practices are unacceptable and YourPro maintains a zero-tolerance approach to fraud, bribery and corruption. YourPro and its staff are dedicated to working with professionalism, impartiality, integrity and respect for all legal procedures, always complying with the applicable legal and regulatory framework. For this reason, YourPro also expects those who cooperate with him to adopt a similar zero-tolerance approach towards fraud, bribery, and corruption, avoiding any action that could be considered as fraud, bribery or corruption, such as deception of Public Authorities through violation of tax legislation.
Preventing fraud, bribery and other forms of corruption is the responsibility of everyone who works for us or under our control. All Staff, Professionals and Clients must avoid any activity that could lead to a violation of the relevant legislation, adopting a zero-tolerance policy towards such behaviors and practices.
3. Limitation of warranties
3.1. YourPro provides no guarantee in regard to the achievement of results regarding the assumption of Work, nor that the Website or the Services of YourPro will satisfy the requirements or expectations of the Client.
YourPro makes no guarantee regarding the achievement of results in finding a Professional or Offer, nor that the Website or the Services of YourPro will satisfy the requirements or expectations of the Client.
3.2. Furthermore, YourPro provides no guarantee regarding the quality, accuracy, completeness or suitability of the content and information published to YourPro or provided through its Services - including the information provided by and concerning the Professional - nor that any errors or inaccuracies on the Website or its Services will be corrected in a timely manner. You agree that your use and/or processing of any information or data through your use of the Website or the Services of YourPro is at your own risk.
4. Information and Data provided or published by the Client
4.1. The Client is solely responsible for the information, data and general content provided or published in YourPro (hereinafter referred to as "Information") and acknowledges that the responsibility for any Information entered by him and available in any way on the Website lies with him personally. The Client agrees and undertakes that this Information is not false, inaccurate, misleading, offensive, threatening, abusive, slanderous, malicious, that it does not contain pornographic, defamatory, misleading, obscene material and in general material that affects the rights of consumers, other Clients and Professionals and this Website and especially those relating to the protection of human dignity, honor and reputation, privacy, minority and professional reputation and that they are accurate, up-to-date and complete.
On the contrary, the Client guarantees that all Information is - and will ensure that it is kept - fully true, valid and correct.
4.2. The Client is obliged to ensure that the Information does not infringe any intellectual property or any patent right, trademark, trade secret or other right or right to advertise, privacy or property, is not fraudulent, or violates any laws or regulations such as, but not limited to, consumer protection laws, unfair competition, discrimination and false advertising.
4.3. The Client is obliged to ensure that the Information does not create any form of legal liability to YourPro or may cause loss (partially or fully) of the users of YourPro. The information published should not refer directly or indirectly to a website other than the YourPro Website.
4.4. The Client certifies that the Information does not contain any computer virus, macro virus, trojans, warms or anything else that interferes with, interrupts or disrupts the normal operations of a computer and that, also, they will not result in the interruption of the proper functioning of YourPro and the Services offered by him.
4.5. The Client grants to YourPro a non-binding, universal, continuous, irrevocable, free of charge and with the possibility of retreat permission on the Information posted to YourPro, so that YourPro meets the requirements for the use of this Information in respect of, but not limited to, copyrights, trademarks, advertisements or databases related to this Information. The Client acknowledges that YourPro has the absolute right to transmit or distribute the Client's Information to various public networks and to various media.
4.6. The Client acknowledges that YourPro has the absolute right to edit, modify or withdraw any part or parts of the Information published by the Client, if he deems it necessary.
5. Client’s Obligations
The Client agrees and undertakes that he:
a) will not post Work that is prohibited by law.
b) will not represent and/or act on behalf of any other person or any other company or entity and will not use false information or information that he is not authorized to use.
c) will not gain access to the database of YourPro without his prior written permission and will not intercept data or personal information in any way.
d) will not violate or attempt to violate the security mechanisms of the Website - including access to any data or to a server to which he has no right of access - or in general the security of this Website and the services associated with it.
e) will not copy, reproduce, republish, transform, distribute or publicly display, decompile, disassemble, create derivative works, assign, license, transfer or adapt any of the software, information, text, graphics, source code or any other content, with the exception of content relating to him/her and/or his/her Work, from the Website without the written permission of YourPro.
f) will not use the Website and the Services of YourPro in a manner contrary to these Terms and Conditions of Use for purposes other than those for which the Website was created and operates and for which the Services are provided. Indicatively and not restrictively, the Client is obliged not to use the Website and the Services of YourPro for any illegal activity or to transmit or register slanderous, offensive, abusive, threatening or obscene content or content that may cause annoyance, inconvenience or unnecessary concern.
g) will not use any personal contact information of other Clients or Professionals, acquired by YourPro, for any other purpose than the understanding for the undertaking and processing of Work that has been posted to YourPro. Indicatively and not restrictively, he guarantees that he will not use these data to send unauthorized messages, commercial or non-commercial content, and that he will not disclose them to third parties, unless this is expressly permitted by these Terms of Use or if the consent of a particular Client or Professional has been obtained after sufficient disclosure of the purpose for which such communication is intended. In any case, the Client agrees to use any information obtained through YourPro in accordance with the applicable Greek and European legislation and regulations, such as, but not limited to, in accordance with Greek legislation on the protection of personal data and the preservation of privacy.
h) will appear duly and on time on the agreed date and time of the appointment with the Professional. In the event that for any reason he cannot appear at the appointment, he/she is obliged to inform the Professional or YourPro at least 24 hours in advance in the e-mail [email protected] or on the telephone number available on the Website.
6. Rights of YourPro
6.1. YourPro reserves the right to modify or terminate partially or totally, temporarily or permanently, the Website and its Services with or without prior notice to the Client and the Client accepts that he or any third party does not maintain against YourPro any claim for any modification or termination of the Website and the Services.
6.2. Furthermore, YourPro may modify, suspend or interrupt part or all of its Services without notice, and/or delete the Client's account, if he considers that the Client has violated any term of this contract or provision of law, but also for the specific reasons mentioned in clause 12 below.
6.3. YourPro has the right to change the Terms of Use, including the Privacy Policy, as incorporated and forms a whole with these Terms of Use, provided that he publishes these changes on the Website and informs of the last date of change at the beginning of the document. YourPro encourages each Client to check at regular intervals the Terms of Use, as well as this Privacy Policy, which are permanently posted on the Website of YourPro. If the Client does not agree to the change of the Terms of Use, he/she must stop using the Website of YourPro and his/her Services. If he continues to use the Website of YourPro and his Services, after the changes, it means that he accepts them.
6.4. In the event of a third-party complaint or a finding on behalf of YourPro after an audit for illegal content of posted Work, YourPro reserves the right, at any time, to delete posted Works and terminate the Client's account.
6.5. YourPro reserves the right to contact the client during or after the completion of the work in order to reflect the client's opinion on the services provided through a short evaluation.
6.6. YourPro reserves the right to investigate and monitor any evaluation and in case he considers it false or inappropriate, to delete the evaluation and the relevant comments.
More specifically, in cases where the evaluation has been set, while at the same time one or more of the following conditions do not apply, YourPro reserves the right to remove or modify the evaluation.
- The evaluation does not contain insulting or slanderous characterizations
- In cases of negative evaluation, a clear justification is included (One-word assessments and the use of ratings without justification are considered unclear)
- The evaluation concerns the work carried out in accordance with the specifications of the posted work
- The evaluation is registered within 6 months from the moment the recruitment of a professional was made.
6.7 The YourPro reserves the right to contact the client during or after the completion of the work in order to reflect the client's opinion on the services provided through a short evaluation.
6.8. YourPro reserves the right to post on the Website evaluations of the Professional's Work registered by the Clients. The evaluation is carried out by scoring on the scale 1 to 5, where 1 is the lowest score and 5 the highest, and by posting comments.
6.9. YourPro has the right to use third parties of his choice for the fulfillment of his obligations.
7. Intellectual Property Rights
7.1. The Client's: As the copyrights on the content published in a Work do not belong to YourPro, the Client grants a universal, continuous, irrevocable and non-consideration-free authorization, so that YourPro can make use of them for any purpose.
7.2. YourPro’: Any and all content, including without limitation, trademarks, logos, symbols, website names, industrial designs, images, background images, icons, photographs, navigation tools, texts (including the present), software or related products and goods appearing on the YourPro Website, are protected by intellectual property rights and belong to YourPro or to third parties authorized by YourPro for the development of activities related to the Website and the software of the YourPro platform. The Client agrees to respect the intellectual property rights of YourPro and any third parties and is aware that the intellectual property on this Website and the software cannot be used in any way and by any means without the prior written permission of their owners.
YourPro grants to the Client (including ordinary visitors to the Website) a non-exclusive, non-transferable, right to use the platform of the Website and the Services of YourPro exclusively for personal, non-professional use, in accordance with these Terms of Use. All rights not expressly granted to the Client are the property of YourPro and his successors in law.
8. Compensation
The Client agrees that he shall immediately compensate YourPro for any expenses, incidental or consequential damages or losses of any nature (including legal costs) incurred by YourPro due to claims, direct or indirect, existing or imminent, arising from any culpable unconventional, illegal or bad conduct of the Client. The compensation includes the damage proven to have been suffered by YourPro or a third party directed against YourPro due to, indicatively and not restrictively, any unconventional or illegal act or omission, infringement of copyrights, trademarks, as well as due to defamation, false or misleading advertising or, respectively, damage resulting from the information and Works posted by the Client on the Website of YourPro in violation of these Terms of Use.
9. Limitation of Liability
In addition to the reservations that have been expressed elsewhere in these Terms of Use, regarding the limitation of the liability of YourPro, the Client agrees and also accepts that:
9.1. YourPro bears no responsibility for any damage or loss suffered by the Client which may result either from the use or inability to use or the results of the use of the Website and / or the Services of YourPro or from his relationship with the Professional, which will have been concluded directly or indirectly through the use of the Website by the Client. This includes, without limitation, losses or damages which are personal or business (including but not limited to those arising from the loss of profits, data, time, or due to permanent or temporary cessation of the provision of the Services) and which relate to revenues, information, data or any other financial loss, even if YourPro has been informed about the possibility of such losses or damages.
9.2. YourPro does not wish and cannot be involved in transactions between the Client and the Professional, even if the Client is in dispute with the Professional or his subcontractors. In no way shall YourPro, as well as its representatives and employees, be liable or liable for any claims, claims and damages of any nature and type, known or unknown, expected or unexpected, overt or hidden, arising out of or in connection with the dispute.
9.3. YourPro does not guarantee that the information contained on the Website or transmitted to Clients through any form of communication, such as, but not limited to, telephone conversations, emails, or correspondence, is accurate, up-to-date, understandable or complete. It is possible that this information contains inaccuracies, spelling errors, due to human or electronic omission. YourPro is not responsible, under any circumstances, for any direct, indirect or consequential damages arising from the use of the Website or its Services.
9.4. E-mails or other forms of communication that are generated automatically as a result of the publication of information provided by Clients or Professionals are not directly subject to control of their content by YourPro as they are sent automatically, without the prior control and processing of their content, and therefore do not necessarily reflect the views and / or beliefs of YourPro. Therefore, YourPro is not responsible for any problems arising from communications via e-mails that involve errors, omissions or inaccuracies, forgery, falsification or that involve offensive characterizations, libel or fraudulent behavior. Also, e-mails sent by Professionals to Clients are not subject to control of their content by YourPro.
9.5. Although YourPro takes reasonable preventive measures to verify the content provided by and to the Clients, YourPro is in no way responsible for this content or for any omissions it contains.
9.6. YourPro does not guarantee as to the day or time that any email, telephone communication, message or other form of communication addressed to YourPro will be answered.
9.7. Subject to the foregoing, YourPro assumes no responsibility for any delay or failure to comply with its obligations under these Terms of Use, if such delay or failure is due to force majeure or to a reason beyond the sphere of reasonable and expected control of YourPro.
10. Links to Third Party Websites
This Website may provide links to other websites, maintained by third parties. Links to any such third-party website are provided for your convenience only. YourPro bears no responsibility for the content of any linked website. YourPro does not approve or represent these linked websites or any information, software or other products, services or materials found there, or any results, which may result from their use. If you decide to access any third-party website linked to this website, you do so entirely at your own risk.
11. Disputes
11.1. If the Client is involved in a dispute/disagreement with a Professional, the Client should try to resolve the dispute/disagreement directly with the Professional and inform the YourPro about the results of this effort.
11.2. The YourPro, at its sole discretion, and without any legal obligation, may investigate any complaints submitted by the Client or the Professional and may discuss any issue with all contractors. As a result of such an investigation of a complaint, YourPro may decide on one of the following:
a) The Client and / or the Professional may continue to use the Services of YourPro.
b) YourPro will suspend the license to use its Services to the Client and / or the Professional for a certain period of time, which depends on the judgment and discretion of YourPro.
c) YourPro will terminate the license to use his Services to the Client and / or the Professional and will permanently delete them from his database. YourPro has the right to claim compensation for damages or losses that may have been unlawfully caused to him as a result of this dispute.
YourPro is in no way liable for any claims (regardless of whether they are criminal, indirect or consequential) arising out of or which are related in any way to such a dispute between client and professional.
12. Shutdown and Termination
12.1. YourPro reserves the right to terminate or permanently discontinue the Services offered to the Client and to delete him from his database, if he has strong and valid indications that the Client has substantially violated these Terms or the applicable legislation.
12.2. Either party may terminate the contract between them, immediately, upon written notice, if the other party commits a breach of any term of the contract.
12.3. If the Service has been suspended or interrupted in accordance with paragraph 12, the Client cannot continue to post new Works.
13. Payments
YourPro provides its services to Clients free of charge.
14. Transactions between Client and Professional
The Client selects and contracts with the Professional by coming in direct contact with him. YourPro in no way becomes a party to the contracts resulting from the agreements of the contracting Clients and Professionals, but only facilitates these agreements by providing an online space where the counterparties come into contact so that they can then contract in the way and the type they will choose.
15. Final provisions
15.1. In case of initial or subsequent invalidity of one of these Terms of Use, the validity of the rest of them is not affected.
15.2. The Client acknowledges and accepts that if YourPro does not exercise any legal right or legal remedy, which is included in these Terms and Conditions of Use or which is at the disposal of YourPro by law, this will not be considered as a waiver of his rights and that the above rights or legal remedies will remain at his disposal.
15.3. The contract with YourPro constitutes the entire agreement between him and the Client and replaces any previous arrangements, statements, announcements or agreements in writing or oral, concerning YourPro and his legal representatives and employees and continues to apply for as long as the Client visits or makes use of the Website and the Services of YourPro, but also after the cessation of any visit or use on his part, to regulate the results or relationships that arose while the Client visited and / or made use of the Website and / or the Services.
15.4. For any questions, clarifications or communication in general with YourPro, you can send an e-mail to the e-mail address [email protected].
15.5. Nothing in this agreement may be construed as establishing any partnership, joint venture, representation, brokerage, mediation or supply relationship between the parties.
15.6. Except in the provisions to which it refers, any person who is not a party to this Agreement shall not have the right to invoke or apply the terms thereof.
15.7. This contract is subject to Greek law. Any dispute arising from these Terms of Use shall be resolved by mediation in accordance with the rules of the Hellenic Centre for Mediation and Arbitration in Athens, as it shall exist and operate at the time the dispute enters into mediation. Mediation is mandatory before the case is referred to arbitration. If the dispute is not resolved through mediation, it will be resolved by arbitration in accordance with the rules of the Hellenic Centre for Mediation and Arbitration in Athens, as it will exist and operates at the time the dispute is placed in arbitration. If the parties have not agreed on the appointment of an arbitrator within five (5) days of the request for arbitration, then a three-member committee shall be appointed by the Hellenic Centre for Mediation and Arbitration itself.
15.8. According to Directive 2013/11/EC, which was incorporated into Greek legislation by ΚΥΑ 70330/2015 and Decision 31619 FEK 969/22.3.2017 (article 8), the possibility of electronic resolution of consumer disputes through the Alternative Dispute Resolution procedure is provided for throughout the European Union. If the Client has any dispute with YourPro and resides in the EU, he/she may use the website https://webgate.ec.europa.eu/odr/main/?event=main.home.show for the out-of-court settlement of the dispute.
(These Terms and Conditions of Use under (B) apply only to Clients who are looking for a Professional for the execution of Cleaning Works and wish to be served by a Professional who has been hired by YourPro)
Last Reviewed: May 22, 2018
The website https://www.YourPro.ie (hereinafter referred to as “the Site” or “Website”), owned and managed by the company under the name “YourPro.COM LIMITED”, established in England (21 Aylmer Parade, Aylmer Road, London, England, N2 0AT), with Company Registry number of England and Wales 9226229, as it operates in Greece through the branch it has established, under the name “YourPro.COM LIMITED GREEK BRANCH”, Dublin, Ormond Building 31-36 Ormond Quay Upper Dublin 7, D07 EE37, under Registration Number 136158701001 and Tax Registration Number 997182625, DOY FAE of Athens, e-mail address [email protected] and contact number +353 15 25 9713 (hereinafter referred to as “YourPro”, “our Company”, “we”, “ours”, or “us”).
Please read carefully these Terms and Conditions of Use (hereinafter referred to as “Terms of Use”). The Terms of Use include the terms on which we make the Website and our Services available to you and constitute the content of the contract you enter into with YourPro when you visit the Website or make any use of it. It is clear that these Terms of Use are binding on every single visitor of the Website to the maximum extent possible and to the extent that they can be applied, and anywhere in the Terms of Use the term “use” is mentioned, this includes in any case the simple visit and Website browsing.
You must be over 18 years of age in order to use our Website and / or our Services. Any use of our Website by you constitutes your unconditional acceptance of these Terms of Use and the Personal Data Protection Policy, which is available here, and as it is incorporated and constitutes an integral part of these Terms of Use, as applicable. In the event that you do not agree with part or all of these Terms of Use, please stop your navigation of our Website and / or the use of our Services, otherwise staying on our Website and / or using our Services will imply your consent and acceptance of these Terms of Use
1. Definitions
- "Client" is defined as the individual, the company or other legal person or organization that visits and / or makes use of the Website and / or the Services of YourPro for the purpose of publicizing cleaning Works and finding Professionals who will perform these works.
- "Professional" is defined as the cleaner who belongs to the cleaning team of YourPro and who performs cleaning works on behalf of YourPro.
- "Work" is defined as the content of any cleaning work which is posted on YourPro and which may legally be the subject of the provision of cleaning services by YourPro.
- "Service" is defined as any provision of a service or product offered directly or indirectly by YourPro and/or by its legal representatives and employees, with the exception of cleaning services provided by a Professional hired by YourPro.
- "Web page" or "Website" means all websites that start with: www.YourPro.ie
2. Registration – creation of an Account
Only registered Clients can use the Services of YourPro. Each Client can create his personal account by filling in the required fields in the registration form or in the Work posting form that can be found on the main page of the Website of YourPro. However, you acknowledge that YourPro retains discretion, and without any responsibility, may reject requests regarding the creation of an account.
You can see the Personal Data Protection Policy to be informed about what kind of information we collect during your registration process and how we use them.
The Client is fully responsible for maintaining the security of his password and in general for the security of his account. He shall be fully responsible for any act or action carried out in the account or through it and YourPro bears absolutely no responsibility whatsoever. The Client shall notify YourPro as soon as he notices any unauthorized use of his account or any breach of his security.
In case a Client wishes to delete his account, he should contact YourPro, at the following email address: customer_passion@YourPro.ie.
3. Limitation of warranties
3.1. YourPro does not provide any guarantee that YourPro will undertake the proposed cleaning work that the Website or the Services of YourPro will satisfy the requirements or expectations of the Client.
3.2. Furthermore, YourPro provides no guarantee for the quality, accuracy, completeness or suitability of the content and information published to YourPro or provided through its Services, nor for the fact that any errors or inaccuracies in his Website or Services will be corrected in a timely manner. You agree that your use and/or processing of any information or data through your use of the Website or the Services of YourPro is at your own risk.
4. Information and Data provided or published by the Client
4.1. The Client is solely responsible for the information, data and general content that he provides or publishes to YourPro (hereinafter referred to as "Information") and acknowledges that the responsibility for any Information entered by him and available in any way on the Website, lies with him personally. The Client agrees and undertakes that this Information is not false, inaccurate, misleading, offensive, threatening, abusive, slanderous, slanderous, malicious, that it does not contain pornographic, defamatory, misleading, obscene material and in general material that affects the rights of consumers, other Clients and Professionals and this Website provided for by the applicable legislation and especially those relating to the protection of human dignity, honor and reputation, privacy, minority and professional reputation and that they are accurate, up-to-date and complete.
On the contrary, the Client guarantees that all Information is - and will ensure that it is kept - fully true, valid and correct.
4.2. The Client is obliged to ensure that the Information does not infringe any intellectual property or any patent right, trademark, trade secret or other right or right to advertise, privacy or property, is not fraudulent, or violates any laws or regulations such as, but not limited to, consumer protection laws, unfair competition, discrimination and false advertising.
4.3. The Client is obliged to ensure that the Information does not create any form of legal liability to YourPro or may cause loss (partially or fully) of the users of YourPro. The information published should not refer directly or indirectly to a website other than the YourPro Website.
4.4. The Client certifies that the Information does not contain any computer virus, macro virus, trojans, warms or anything else that interferes with, interrupts or disrupts the normal operations of a computer and that, also, they will not result in the interruption of the proper functioning of YourPro and the Services offered by him.
4.5. The Client grants to YourPro a non-binding, universal, continuous, irrevocable, free of charge and with the possibility of retreat permission on the Information posted to YourPro, so that YourPro meets the requirements for the use of this Information in respect of, but not limited to, copyrights, trademarks, advertisements or databases related to this Information. The Client acknowledges that YourPro has the absolute right to transmit or distribute the Client's Information to various public networks and to various media.
4.6. The Client acknowledges that YourPro has the absolute right to edit, modify or withdraw any part or parts of the Information published by the Client, if he deems it necessary.
5. Obligations of Parties
A. Client’s Obligations
5.1. Regarding the use of the Website:
The Client agrees and undertakes that he:
a) will not post Work that is prohibited by law.
b) will not represent and/or act on behalf of any other person or any other company or entity and will not use false information or information that he is not authorized to use.
c) will not gain access to the database of YourPro without his prior written permission and will not intercept data or personal information in any way.
d) will not violate or attempt to violate the security mechanisms of the Website - including access to any data or to a server to which he has no right of access - or in general the security of this Website and the services associated with it.
e) will not copy, reproduce, republish, transform, distribute or publicly display, decompile, disassemble, create derivative works, assign, license, transfer or adapt any of the software, information, text, graphics, source code or any other content, with the exception of content relating to him/her and/or his/her Work, from the Website without the written permission of YourPro.
f) will not use the Website and the Services of YourPro in a manner contrary to these Terms and Conditions of Use for purposes other than those for which the Website was created and operates and for which the Services are provided. Indicatively and not restrictively, the Client is obliged not to use the Website and the Services of YourPro for any illegal activity or to transmit or register slanderous, offensive, abusive, threatening or obscene content or content that may cause annoyance, inconvenience or unnecessary concern.
g) will not use any personal contact information of other Clients or Professionals, acquired by YourPro, for any other purpose than the understanding for the undertaking and processing of Work that has been posted to YourPro. Indicatively and not restrictively, he guarantees that he will not use these data to send unauthorized messages, commercial or non-commercial content, and that he will not disclose them to third parties, unless this is expressly permitted by these Terms of Use or if the consent of a particular Client or Professional has been obtained after sufficient disclosure of the purpose for which such communication is intended. In any case, the Client agrees to use any information obtained through YourPro in accordance with the applicable Greek and European legislation and regulations, such as, but not limited to, in accordance with Greek legislation on the protection of personal data and the preservation of privacy.
5.2. Regarding the performance of the Work:
The Client agrees and undertakes that he:
α) will appear duly and on time on the agreed date and time of the appointment with the Professional. In the event that for any reason he cannot appear at the appointment, he/she is obliged to inform the Professional or YourPro at least 24 hours in advance in the e-mail [email protected] or on the telephone number available on the Website. In case of delay in the commencement of the cleaning due to the fault of the Client, YourPro will not be obliged to allocate his staff beyond the agreed end time of the cleaning and the Professional will not be obliged to stay longer in the Client's premises in order to cover the time lost due to the delay of the Client.
b) will not replace any part or part of the areas described in the posted Work for cleaning with any other corresponding ones (in terms of areas and cleaning requirements), nor should it entrust the Professional with the cleaning of new areas or remove old spaces. In any such case, a relevant prior agreement with YourPro shall take place.
c) inform the YourPro in advance in case he or any person present in the cleaning area or areas is allergic to any substance or in any case where he wishes to avoid the use of specific cleaners, chemicals or substances. YourPro bears no responsibility in case the Client or third parties located in the area or in the areas where they are cleaned, are allergic to chemicals and cleaners and present any problem due to their use.
(d) take all necessary measures to prevent damage to objects, equipment and installations and/or damage or accidents to the cleaning performers and to any third party. In particular, the Client must observe all the safety and fire safety rules of the areas being cleaned, recognizing that these areas do not fall under the control and the sphere of influence of YourPro and that the Client himself becomes solely responsible for their safety. If the Client provides cleaning materials and means to the Professional, he guarantees that they are suitable and safe for the specific use and is solely responsible for any damage or problem in general that may arise due to the materials provided.
e) will not expose YourPro or the Professional to criminal, civil or administrative responsibilities and will not take any actions and acts that are contrary to the applicable legislation.
B. YourPro’ obligations
a) YourPro guarantees that the cleaning works will be carried out with care, diligence and in accordance with all the rules of proper cleanliness, as defined by the technical specifications of cleanliness, as well as that he will follow the directions given to it by the Client.
b) YourPro is obliged to use healthy staff, excellent in its kind and which has the ability to communicate in the Greek language. He will also take all necessary measures to prevent damages to objects, equipment and facilities and/or damages or accidents to the cleaning performers, the Client and any third party.
c) All payroll, compensation, insurance, movement, etc. expenses of professionals will be borne exclusively by YourPro, who is responsible for the observance of labor and insurance legislation.
6. YourPro’ rights
6.1. YourPro reserves the right to modify or terminate partially or totally, temporarily or permanently, the Website and its electronic services with or without prior notification of the Client and the Client accepts that he or any third party does not retain to YourPro any claim for any possible modification or termination of the Website and electronic services. In any case, the work undertaken by the Cleaning Professional will be fulfilled.
6.2. Furthermore, YourPro may modify, suspend or interrupt part or all of its electronic services without notice, and/or delete the Client's account, if he considers that the Client has violated any term of this contract or provision of law.
6.3. YourPro has the right to change the Terms of Use, including the Privacy Policy, as incorporated and forms a whole with these Terms of Use, provided that he publishes these changes on the Website and informs of the last date of change at the beginning of the document. YourPro encourages each Client to check at regular intervals the Terms of Use, as well as this Privacy Policy, which are permanently posted on the Website of YourPro. If the Client does not agree to the change of the Terms of Use, he/she must stop using the Website of YourPro and his/her Services. If he continues to use the Website of YourPro and his Services, after the changes, it means that he accepts them.
6.4. In the event of a third-party complaint or a finding on behalf of YourPro after an audit for illegal content of posted Work, YourPro reserves the right, at any time, to delete posted Works and terminate the Client's account.
6.5. YourPro reserves the right to contact the client during or after the completion of the work in order to reflect the client's opinion on the services provided through a short evaluation.
6.6. YourPro reserves the right to investigate and monitor any evaluation and in case he considers it false or inappropriate, to delete the evaluation and the relevant comments.
More specifically, in cases where the evaluation has been set, while at the same time one or more of the following conditions do not apply, YourPro reserves the right to remove or modify the evaluation.
- The client has completed the work to be evaluated
- The evaluation does not contain insulting or slanderous characterizations
- In cases of negative evaluation, a clear justification is included (One-word assessments and the use of ratings without justification are considered unclear)
- The evaluation concerns the work carried out in accordance with the specifications of the posted work
- The evaluation is registered within 6 months from the moment the recruitment of a professional was made.
6.7. YourPro reserves the right to communicate with the client during or after the completion of the work in order to reflect the client's opinion on the services provided through a short evaluation.
6.8. YourPro has the right to use third parties of his choice for the fulfillment of his obligations with the present.
7. Intellectual Property Rights
7.1. The Client's: As the copyrights on the content published in a Work do not belong to YourPro, the Client grants a universal, continuous, irrevocable and non-consideration-free authorization, so that YourPro can make use of them for any purpose.
7.2. YourPro’: Any and all content, including without limitation, trademarks, logos, symbols, website names, industrial designs, images, background images, icons, photographs, navigation tools, texts (including the present), software or related products and goods appearing on the YourPro Website, are protected by intellectual property rights and belong to YourPro or to third parties authorized by YourPro for the development of activities related to the Website and the software of the YourPro platform. The Client agrees to respect the intellectual property rights of YourPro and any third parties and is aware that the intellectual property on this Website and the software cannot be used in any way and by any means without the prior written permission of their owners.
YourPro grants to the Client (including ordinary visitors to the Website) a non-exclusive, non-transferable, right to use the platform of the Website and the Services of YourPro exclusively for personal, non-professional use, in accordance with these Terms of Use. All rights not expressly granted to the Client are the property of YourPro and his successors in title/ licensees.
8. Compensation
The Client agrees that he shall immediately compensate YourPro for any expenses, incidental or consequential damages or losses of any nature (including legal costs) incurred by YourPro due to claims, direct or indirect, existing or imminent, arising from any culpable unconventional, illegal or bad conduct of the Client. The compensation includes the damage proven to have been suffered by YourPro or a third party directed against YourPro due to, indicatively and not restrictively, any unconventional or illegal act or omission, infringement of copyrights, trademarks, as well as due to defamation, false or misleading advertising or, respectively, damage resulting from the information and Works posted by the Client on the Website of YourPro in violation of these Terms of Use.
9. Limitation of Liability
In addition to the reservations that have been expressed elsewhere in these Terms of Use, regarding the limitation of the liability of YourPro, the Client agrees and also accepts that:
9.1. YourPro bears no responsibility for any damage or loss suffered by the Client which may result either from the use or inability to use or the results of the use of the Website and / or the Services of YourPro or from his relationship with the Professional, which will have been concluded directly or indirectly through the use of the Website by the Client. This includes, without limitation, losses or damages which are personal or business (including but not limited to those arising from the loss of profits, data, time, or due to permanent or temporary cessation of the provision of the Services) and which relate to revenues, information, data or any other financial loss, even if YourPro has been informed about the possibility of such losses or damages.
9.2. YourPro does not guarantee that the information contained on the Website or transmitted to Clients through any form of communication, such as, but not limited to, telephone conversations, emails, or correspondence, is accurate, up-to-date, understandable or complete. It is possible that this information contains inaccuracies, spelling errors, due to human or electronic omission. YourPro is not liable, under any circumstances, for any direct, indirect or consequential damages resulting from the use of the Website or its electronic services, as long as these are not due to the will or gross negligence of YourPro.
9.3. E-mails or other forms of communication generated automatically as a result of the publication of information provided by Clients or Professionals are not directly subject to control of their content by YourPro as they are sent automatically, without the prior control and processing of their content, and therefore do not necessarily reflect the views and / or beliefs of YourPro. Therefore, YourPro assumes is not responsible for any problems arising from communications via e-mails that involve errors, omissions or inaccuracies, forgery, falsification or that involve offensive characterizations, libel or fraudulent behavior. Also, e-mails sent by Professionals to Clients are not subject to control of their content by YourPro.
9.4. Although YourPro takes reasonable preventive measures to verify the content provided by and to the Clients, YourPro is in no way responsible for this content or for any omissions it contains.
9.5. YourPro does not guarantee as to the day or time that any email, telephone communication, message or other form of communication addressed to YourPro will be answered.
9.6. Subject to the foregoing, YourPro assumes no responsibility for any delay or failure to comply with his obligations under these Terms of Use, if such delay or failure is due to force majeure or to a reason beyond the sphere of reasonable and expected control of YourPro.
10. Links to Third Party Websites
This Website may provide links to other websites, maintained by third parties. Links to any such third-party website are provided for your convenience only. YourPro bears no responsibility for the content of any linked website. YourPro does not approve or represent these linked websites or any information, software or other products, services or materials found there, or any results, which may result from their use. If you decide to access any third-party website linked to this website, you do so entirely at your own risk.
11. Shutdown and Termination
11.1. YourPro reserves the right to terminate or permanently discontinue the Services offered to the Client and to delete him from his database, if he has strong and valid indications that the Client has substantially violated these Terms or the applicable legislation.
11.2. Either party may terminate the contract between them, immediately, upon written notice, if the other party commits a breach of any term of the contract.
11.3. If the Service has been suspended or interrupted in accordance with paragraph 11, the Client cannot continue to post new Works.
12. Payments
For the performance of the Work on behalf of YourPro, the Client is obliged to pay to him the agreed fee, as it has been agreed in advance between the parties (based on the price list of YourPro that you can find here).For more information on the terms of payment, please read the Payment Policy, which can be found here.
13. Right of Withdrawal
13.1 The Client is entitled to withdraw from the agreement concluded with YourPro within 14 calendar days without giving any explanation.
13.2 The withdrawal period expires 14 calendar days from the day following the conclusion of the cleaning work agreement.
13.3 The Client's right of withdrawal ceases to be valid after the full provision of the Cleaning Work, in accordance with these Terms of Use.
13.4 In order for the Client to exercise his right of withdrawal, he must inform YourPro of his decision to withdraw from the concluded agreement with a clear statement (e.g. a letter sent by post to the address Ormond Building 31-36 Ormond Quay Upper Dublin 7, D07 EE37, or an e-mail to the [email protected]). The Clients may use the model withdrawal text, which can be found here, without this being mandatory. In order for the Client to comply with the withdrawal period, it is sufficient for the Client to send his statement of exercise of the right of withdrawal before the expiry of the withdrawal period,
13.5 If the Client withdraws from the concluded agreement for the provision of cleaning Works, YourPro shall refund to him all the money received from him, without undue delay and in any case within 14 calendar days from the day on which YourPro will be informed of the Client's decision to withdraw from the concluded agreement. YourPro shall execute the above refund using the same means of payment that the Client used for the initial transaction, unless the Client expressly agrees to something different in any case, no fees will be charged to the Client for such a refund.
13.6 If the Client requests that the provision of services be initiated during the withdrawal period, he is obliged to pay to YourPro, compared to the full coverage of the agreement, an amount corresponding to what YourPro provided to the Client until the Client declares to YourPro that he is withdrawing from the concluded agreement.
14. Final provisions
14.1. In case of initial or subsequent invalidity of one of these Terms of Use, the validity of the rest of them is not affected.
14.2. The Client acknowledges and accepts that if YourPro does not exercise any legal right or legal remedy, which is included in these Terms and Conditions of Use or which is at the disposal of YourPro by law, this will not be considered as a waiver of his rights and that the above rights or legal remedies will remain at his disposal.
14.3. The contract with YourPro constitutes the entire agreement between him and the Client and replaces any previous arrangements, statements, announcements or agreements in writing or oral, concerning YourPro and his legal representatives and employees and continues to apply for as long as the Client visits or makes use of the Website and the Services of YourPro, but also after the cessation of any visit or use on his part, to regulate the results or relationships that arose while the Client visited and / or made use of the Website and / or the Services.
14.4. For any questions, clarifications or communication in general with YourPro, you can send an e-mail to the e-mail address [email protected].
14.5. Nothing in this agreement may be construed as establishing any partnership, joint venture, representation, brokerage, mediation or supply relationship between the parties.
14.6. Except in the provisions to which it refers, any person who is not a party to this Agreement shall not have the right to invoke or apply the terms thereof.
14.7. This contract is subject to Greek law. Any dispute arising from these Terms of Use shall be resolved by mediation in accordance with the rules of the Hellenic Centre for Mediation and Arbitration in Athens, as it shall exist and operate at the time the dispute enters into mediation. Mediation is mandatory before the case is referred to arbitration. If the dispute is not resolved through mediation, it will be resolved by arbitration in accordance with the rules of the Hellenic Centre for Mediation and Arbitration in Athens, as it will exist and operates at the time the dispute is placed in arbitration. If the parties have not agreed on the appointment of an arbitrator within five (5) days of the request for arbitration, then a three-member committee shall be appointed by the Hellenic Centre for Mediation and Arbitration itself.
14.8. According to Directive 2013/11/EC, which was incorporated into Greek legislation by ΚΥΑ 70330/2015 and Decision 31619 FEK 969/22.3.2017 (article 8), the possibility of electronic resolution of consumer disputes through the Alternative Dispute Resolution procedure is provided for throughout the European Union. If the Client has any dispute with YourPro and resides in the EU, he/she may use the website https://webgate.ec.europa.eu/odr/main/?event=main.home.show for the out-of-court settlement of the dispute.