Terms & Conditions (last modified 06.06.2020)

  1. Terms and Conditions

These Terms of Use (hereinafter “Terms of Use” or “Terms & Conditions” or “Terms”) govern your access or use of:

  • the website domain of www.g-o-o-d.eu, including its websites worldwide (hereinafter, the “Website”), and
  • its related Android/iOS mobile application (hereinafter, the “App”),

(which, hereinafter and collectively, are called the “Platform” or “GOOD”) and govern the Service Contract between one user acting as an Employer and one User acting as a Service Provider.

By downloading, registering, accessing the Platform or using the Services you confirm irrevocably to be bound by these Terms of Use, Privacy Policy, and Cookie Policy and you confirm irrevocably to agree with the Payment Provider and all Partner Companies of the Platform..

If you do not agree to these Terms, you may not access or use the Services. These Terms & Conditions expressly supersede prior agreements or arrangements with you – if any.

The Platform may amend the Terms of Use from time to time or change the Payment Provider or other Partner Companies. Amendments will be effective upon Platform posting such updated Terms at this place. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. In case you do not agree to the new Terms of Use you can reject the new Terms within 30 calender days by giving notice in writing to the Platform. In case of any objection by you the relation between you and the Platform will terminated immediately and your account will be deleted. This measurement is absolutely necessary, because the Platform is bound to corresponding legal requirements by law or other partner companies.

By downloading, registering, accessing the Platform or using the Services you (User) confirm to be bound by these Terms.

  1. Definitions (alpabetic order)

Employer is every person or legal entity (anyone) who or which offers a Job on the Platform.

Executing Company is the legal entity which is operating the Platform.

Intermediate Payment Exchange System: The platform offers to its Users a Payment Exchange function installed and operated by the Payment Provider.

Job is any kind of Job in the meaning of requested Services by one Employer created and placed by an Employer on the Platform and executed via the Platform.

Partner Companies: The Platform is providing the Services by Platform partly through other Partner Companies. Partner Companies can be changed by the sole decision of the Platform.

Parties: Party is either the Service Provider or either the Employer. Parties mean the Service Provider and the Employer

Payment Provider: The Payment Provider is operating the Intermediate Payment Exchange System under the applicable law. The Payment Provider can be changed by the sole decision of the Platform. The Payment Provider is:

“Twispay – Capital Financial Services S.A.

Trade Register of Romania under no. J40/4352/2011

4 c Gara Herastrau, Building B, 11th floor, Room 14

Bucharest, Romania

Platform means the website domain of www.g-o-o-d.eu, including its websites worldwide (hereinafter, the “Website”), and its related Android/iOS mobile application (hereinafter, the “App”). The Platform is an “Online Market Place.” The Platform is operated and legally represented by the Executing Company. The Platform is hereinafter called the “Platform” or  “GOOD”.

Price is the amount of money determined and placed by the Employer for a specific Job.

Service Contract is the contract about the performance of Services between one user acting as an Employer and one User acting as a Service Provider.

Service Provider is every person or legal entity (anyone) who or which offers “Services by Service Provider” via the Platform in relation to an Employer.

Services by Service Provider: Services provided by the Service Provider (Services by Service Provider) are any kind of Services offered by the Service Provider in the relation to an Employer via the Platform.

Services by Platform: Services provided by the platform (Services by Platform) are any kind of Services offered by the Platform. The main performance of the Platform is to mediate any kind of Jobs between an Employer and a Service Provider as an “online market place.” Services provided by the platform (Services by Platform) do not include services regarding the fulfilment of Jobs created and placed by the Employer.

Territory: Territory means the State of Romania.

User is every person or legal entity (anyone) who or which registers in the App. The User can act as an Employer or a Service Provider or both in the same time for different Jobs.

  1. Registration of Users

In order to complete the registration on the Platform, Users must provide certain details, such as first name, last name, birth date, gender, e-mail address, telephone number, bank account details, etc. Once they have completed the registration process, all Users can access their profile and complete or edit it, and/or deregister, as they deem appropriate.

By downloading, registering, accessing the Platform or using the Services you (User) confirm to be bound by these terms.

  1. Contract between User and the Platform

By registering on the Platform the User enters into a contract with the Platform about the online mediation of Jobs between one User acting as an Employer and another User acting as a Service Provider for a specific Job.

The Platform is fulfilling its intermediate payment exchange system between the Employer and the Service Provider by an independent Payment Provider. By registering on the Platform the User agrees irrevocably with the payment system and the payment exchange via the Payment Provider chosen by the platform.

The Parties do not have a separately contract with the Payment Provider. The Platform and the Payment Provider have concluded a contract about the fiduciary management and administration of the Price on behalf of the Employer and the Service Provider.

  1. Contract between Employer and Service Provider

By offer and acceptance a Contract will be concluded between one User acting as an Employer and another User acting as a Service Provider about the Services requested by the Employer. This contract will be governed by the state law of the Territory and these Terms & Conditions.

Under no circumstances the Platform shall be considered as part of this Contract between the Employer and the Service Provider.

  1. Pricing System

The Employer is determining the price, which he/she/it is willing to pay for the required services. This price is the final amount to be paid by the Employer. Nor the platform nor the Service Provider is entitled for additional payment, fees or other extra charges.

From this amount of money will be paid the services, all taxes due to be paid to the state of the territory (VAT, Income Taxes, etc.), the Platform, the Payment Provider and all necessary support. 80 % percent of the Price will be paid to the Service Provider (including all necessary fees and taxes due to be paid by the Services Provider). 20 % percent of the Price will be paid to the Platform and the Payment Provider (including all necessary fees and taxes due to be paid by the Platform and the Payment Provider).

The Employer will receive a transaction overview after the Job is done for the total amount of the Price and an invoice by the Platform for the Services provided by the Platform and the Payment Provider including VAT. The Service Provider is obliged by law to issue an invoice for the rendered services to the Employer (including VAT in case the Service Provider is VAT-liable).

  1. Conduction of the Job
  1. The User is registering on the Platform.
  2. The User, who decides to be an Employer is placing a Job on the App.
  3. The User, who decides to offer services (Service Provider), applies for a Job.
  4. The Employer chooses the Service Provider by swiping to the right.
  5. The Match is closed.
  6. Employer and Service Provider agree on a date and time for the provision of services.
  7. The Employer makes the payment to the Payment Provider.* The Payment Provider is functioning as a bank and a trustee on behalf of the Employer and the Service Provider.
  8. The Job is done by the Service Provider.
  9. The Employer is confirming to the Platform that the Job has been done properly.
  10. The Platform informs the Payment Provider and the Payment Provider makes the Payment to the Service Provider and the Platform.
  11. The Job is done.

*Until the payment is made the Employer is entitled to cancel the Job. After the payment is made to the Payment Provider in any case of a problem like cancellation of the Job, withdrawal, retreat, warranty, remediation of defects, poor or false performance, delay, misconduct, breach of contract, infringement of the Contract, infringement of the law or infringement of these Terms and Conditions the Support Team will be informed and undertake to solve the problem amicably. Unless the problem is solved with the consent of both Parties or by court decision the Platform will keep the Price fiduciary for both Parties.

  1. Obligations of Users

In order to register as an User on the Platform, it is mandatory that you meet the following requirements:

  • You must be at least 18 years of age.
  • You must truthfully complete the mandatory fields of the registration form; requesting personal details such as the user name, e-mail address, telephone number and bank account details.
  • You must agree to these Terms of Use.
  • You must agree to the Privacy and Data Protection Policy.
  • You must agree to the Cookie Policy.

The User warrants that all the information regarding his/her/its identity and capacity provided to the Platform in the registration forms for its Platform is true, accurate and complete. In addition, the User undertakes to keep his/her details up to date.

If a User provides any false, inaccurate or incomplete information or if the Platform considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, the Platform may deny the User’s current or future access to, and use of, the Platform or any of its contents and/or services. When registering on the Platform, Users must provide their phone number and email. Both the phone number and email are strictly confidential, personal and non-transferable.

Users are obliged to provide proofs of their identity, for example – but not limited to – showing and uploading a picture of their identity card or passport in connection with a “selfie picture” on request of the Platform.

Users are obliged to ensure that their registered identity, the data from the identity card or passport and the data of the owner of the bank account are the same in the meaning of being the same person and that the identity is true.

Users shall refrain from using names and pictures from other persons.

Users shall ensure before the execution of a Job – especially when the Service Provider has to enter an office building, room or private house – to know and verify the identity of their contractual party. Each Service Provider and each Employer is obliged to show their identity card or passport on the request of the other contractual party.

Users undertake not to disclose the details of their account or allow access to third parties. Users shall be solely responsible for any use of such details, including for statements made on the Platform or any other action carried out under their phone number and/or email.

Users are obliged to ensure that they meet all legal requirements established by the law of the Territory and the European Convention of Human Rights.

Users acting as an Employer and Users acting as Service Providers are obliged to be – while the execution of the Job takes place – not under any influence of alcohol, drugs or other substances having negative effects on the consciousness. The alcohol level must be 0,0. In case of any infringement of this regulation by the Service Provider the Services will not be remunerated. The Platform will bring any kind of misconduct to criminal prosecution.

Users are obliged to ensure that they declare and pay all relevant taxes due to legal requirements established by law.

The User agrees to co-operate with the Platform and/or the Payment Provider in respect of, and authorizes the Platform and/or the Payment Provider to investigate, any suspected illegal or fraudulent activity, including without limitation, returning to the Platform and/or the Payment Provider any amount that the User holds to the credit of a Service Provider and/or an Employer that the Platform and/or the Payment Provider suspects is the subject of any illegal or fraudulent activity and providing the Platform and/or the Payment Provider with information on any Service Provider and/or an Employer Transactions.

Users are obliged to provide proofs of their identity, address, fulfilment of declaring and paying taxes on request of the Platform and/or the Payment Provider or any kind of state authority.

The Platform is entitled to reveal any information provided by the User to the Payment Provider or any kind of state authority on their request.

Users are fully responsible for the proper use of, and access to, their profile and other of the Platform contents in accordance with the current legislation, be it national or international, of the Country from which they are using the Platform, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, Users undertake to diligently comply with these Terms & Conditions.

The Platform is providing a rating and comment function. The User is obliged – in case he/she is using this function – to make any comments truthfully. The Platform is reserving its right to file a criminal and civil lawsuit on any User who is abusing this function and writing wrong or false facts. The Platform will claim in any case of writing, spreading or publishing wrong facts a minimum amount of damages in the amount of Euro 1.000,00. The User agrees irrevocably to this condition.

Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests, or that may in any way damage, disable, affect or impair the Platform and its contents and services.

Users shall refrain from using their profile and other Platform contents for any kind of blaming, offends, providing of fake news or wrong facts nor to offend people because of their origin, place of birth, nationality, disabilities, religion, believing, sex, sexual orientation, age, skin color or other personal characteristics.

Users shall refrain from using the Platform for uploading any kind of pictures or texts with sexual, pornographic, rassist or violent content. The Platform will bring any kind of misconduct to criminal prosecution.

Users shall refrain from using their profile and other Platform contents for any kind of hinderance for the proper use by other Users.

Users shall ensure that every execution of a Job is in accordance with the applicable law by the state of the Territory and the European Convention of Human Rights.

Users undertake to conduct the Service Contract under fair treatment and good faith by respecting the conditions of the Contract, the applicable Law and the European Convention of Human Rights.

Users shall refrain from altering or modifying the Platform, in full of in part, by bypassing, disabling or in any other way tampering with, its functions or services.

Users shall refrain from infringing industrial and intellectual property rights or the rules on personal data protection.

Users shall refrain from accessing other Users accounts.

Users shall refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to the Platform or third parties’ contents or systems.

Users shall refrain from sending mass and/or recurring emails to a number of people, or from sending third parties’ email addresses without their consent.

Users shall refrain from advertising goods or services without the Platform prior consent in writing.

Any User may report another User to the Platform if he/she/it believes that the other User is in breach of the Law or these Terms & Conditions. The Platform will check such reports as soon as possible and will take any necessary steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Platform for breach of the Law or these General Terms.

  1. Rights and Obligations of the Platform

The Platform is obliged to provide all services under the rules of the applicable Law of the Territory, the Contract and this Terms & Conditions and the European Convention of Human Rights.

The Platform is obliged to keep all information provided by the Users confidential and to fulfill the law of the General Data Protection Regulation (GDPR) of the European Union in its actual applicable version.

The Platform and the Payment Provider is entitled and obliged to manage all incoming monies (Price) in trust for the Employer and the Service Provider and to use them only in accordance with the contractual purpose. In case of any dispute between the Employer and the Service Provider about the payment the Platform will undertake to seek impartial for an amicable settlement. Until an amicable settlement is made or until the final court decision has been issued the Platform will keep the Price fiduciary for both Parties.

The Platform is obliged and entitled to respect any verdict by a Court of the State of the Territory in relation to any dispute between the Employer and the Service Provider about the payment.

The Platform reserves its right to delete any kind of content placed on the platform by a User which the Platform considers to be unlawful or an infringement of another person.

The Platform is entitled to use all datas provided by the User for the operation of the Application or in connection with the application. The Platform is entitled to contact the user under all provided contact datas – like via e-mail or telefon (Cell phone) – for all issues in connection with the Application and support for the usage of the application and surveys and polls and any kind of actions in connection with the Application.

The Platform is entitled to control the uploaded content from the Users. The Platform is controlling the content on a random base.

  1. Intellectual property rights

The Platform is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as of the contents that can be accessed through it for the Territory. The intellectual property rights of the Platform, as well as the text, images, graphic design, browsing structure, information and contents included therein are the property of the Platform, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the legislation of the Territory for intellectual and industrial property rights.

The User acknowledges that all rights, title and interest, including all copyright, trademark and other intellectual property rights, in and to the Services and all components used in the provision thereof, including without limitation, all software, APIs, API instructions, business methods, business processes, website designs, graphics, text, content, trade names, trade secrets and know-how, and all documentation in relation to the foregoing, subsisting in or used in the connection with the Services (“Intellectual Property Rights”) shall be and remain the sole property of the Platform or its licensors.

Authorising a User to access the Platform does not imply the waiver, transfer, licensing or full or partial assignment by the Platform of any intellectual or industrial property rights.

Deleting, bypassing or in any way tampering with the contents of the Platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Platform for public or commercial purposes are also prohibited, save with the Platform express written authorisation or, where applicable, that of the owner of the rights concerned.

Any User who shares any content of any kind through the Platform guarantees that he/she/it has the necessary rights to do so, releasing the Platform from any liability regarding the content and lawfulness of the information supplied. By providing content through the Platform, Users assigned to the Platform, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.

  1. Liability

The User expressly agrees that the use of the Services provided by the Platform is at User’s sole and exclusive risk. The Services are provided on an “as is” and “as available” basis. The Platform expressly disclaims all warranties of any kind to the maximum extent provided by law. The Platform makes no warranty that the Services provided by the Platform or the Services provided by the Service Provider will be uninterrupted, secure or entirely error-free or that all defects are capable of correction or improvement.

The User understands and agrees that to the maximum extent permitted by the Applicable Law, in no event the Platform or any of its affiliates or group companies shall be liable for any damages whatsoever to the User, the User’s Partners or to any person or entity claiming rights (including, without limitation, damages for loss of business profits, business interruption, business opportunity, loss of data, and for other special, exemplary, punitive, indirect, incidental or consequential damages or any other pecuniary loss) related to, based upon, or arising out of this Agreement, the Services provided by the Platform or the Services provided by the Service Provider, even if it has been advised, had other reason to know, or in fact knew of the possibility of such damages.

Under no circumstances the Platform can be held liable for any kind of damages exceeding the sum of the Price offered for the Job in dispute or taken under liability.

The User warrants and shall be directly liable to the Platform at any time for the proper fulfilment of the obligations and for the compliance with the representations and warranties provided under this Agreement and for the strict compliance by the User and its Partners with the Applicable Laws and these Terms & Conditions.

Regarding the Service provided by the Service Provider to the Employer the applicable law of the territory applies. The Service Provider will be solely responsible for the relationship with the Employer. The Platform does not accept any liability regarding the execution of a Service Contract.

The Platform is not responsible for the uploaded content by Users.

The Service Provider and the Employer (Users) will be solely responsible for paying all relevant taxes and fees to the State of the Territory or other authorities being entitled to charge taxes or fees from the Users. The Platform does not accept any liability regarding those taxes and fees.

The User agrees to indemnify and hold the Platform and/or any of its affiliates, group companies, subcontractors and directors, employees, agents or consultants of all of them harmless from any and against all losses, claims, reversals, chargebacks, refunds, fines or other damages, costs, penalties and expenses of any kind, suits, any actions, including legal costs incurred by any of them arising out of or in relation with:

  • an intentional or negligent breach by the User of this Agreement or other Applicable Laws.
  • any breach or non-compliance by the User of any representation or warranty provided under this Agreement;
  • the enforcement of this Agreement;
  • any claim made against the platform and/or any of its affiliates, group companies, subcontractors and directors, employees, agents or consultants of all of them by a third party, including a Partner, arising out of or in connection with this Agreement to the extent that such claim arises out of the breach, failure to perform, delay in performance or negligent performance of this Agreement by the User;
  • any claim made against the Platform and/or any of its affiliates, group companies, subcontractors and directors, employees, agents or consultants of all of them by a third party, including a Partner, arising out of or in connection with the Platform acting on the direct instructions of the User.

The Platform rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Platform. In particular, the Platform accepts no responsibility for the use of the application or for any orders that may be made by a third party from the User’s account.

In no event, shall the User be entitled to recover damages from the platform and/or any of its affiliates or group companies that exceed the sum of the Price offered for the Job in dispute or taken under liability.

  1. Termination, Cancellation, Delay of Services between Employer and Service Provider

The Contract between the User and the Platform for the mediation of Services by Service Providers can be terminated any time without giving reasons by both parties. Rights and duties which have been already arisen remain valid.

The Contract between the User acting as a Service Provider and the User acting as an Employer for Services rendered by the Service Provider can be terminated only under the Rules of the Law of the Territory and under these Terms & Conditions.

  • In case the Service Provider does not show up on the agreed time and at the agreed location or within an extra time of 15 minutes to provide the agreed Services, the Service Provider will not be paid and the Employer will get the Price back.
  • In case the Service Provider does not show up on the agreed time and has a delay by more than 15 minutes the Employer is entitled to terminate the Contract with the Service Provider, unless the Service Provider is not giving severe reasons (illness, unforeseen physical conditions, etc.) for the delay. Even if the Service Provider is giving severe reasons (illness, unforeseen physical conditions, etc.) for the delay the Employer is entitled to terminate the Contract, if the agreed Services cannot be received any more by the Employer because of the delay (time fixed jobs or other circumstances). In that cases of termination the Service Provider will not be paid and the Employer will get the Price back. If the Employer does not terminate the Contract the Services can be executed as agreed.
  • In case the Service Provider offers his Services on the agreed time and the Employer is not receiving the Services within an extra time of 15 minutes the Service Provider will receive the full Price from the Platform unless the Employer is not giving severe reasons (illness, unforeseen physical conditions, etc.) for the hinderance of receiving the services.
  1. Applicable Law

The relationship between the Platform and the User shall be governed by the law of the Territory.

The relationship between the User acting as a Service Provider and the User acting as an Employer for Services rendered by the Service Provider shall be governed by the law of the Territory.

Any disputes shall be submitted to the State Courts of the Territory under the jurisdiction of the Territory.

  1. Application & Operation

The App is only available for the Territory of the State of Romania under the laws of Romania.

The Platform is operated by the SOCRATES STRATEGIES & SOLUTIONS S.R.L.

under license agreement for the Territory of Romania.

Company:

SOCRATES STRATEGIES & SOLUTIONS S.R.L.

Registered office: Bucharest Tribunal nr. J40/16668/2017,

CUI/CNP 38291152- România,

Drumul Taberei nr. 44A, bl. Z132, sc. B, et. 7, ap. 48

Bucuresti Sector 6

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