1. Object

 These General Conditions of Use regulate the use of the Guapa and Go computer application (hereinafter, the “Application”) and the website www.guapaandgo.com (hereinafter, the “Website”), name or any other name with which it may appear in the future, from CIF B-93552990 and registered office at Avenida Juan Sebastian Elcano 108, Malaga, registered in the Mercantile Register of Malaga, Diario 389 , Seat 1125, and e-mail address contact@guapaandgo.com (hereinafter “OTB”). The Application is directed exclusively to users residing in Spain. Users who reside or are domiciled elsewhere and who decide to access and / or use this Application shall do so at their own risk and responsibility and shall ensure that such access and / or use complies with applicable local laws. By accessing and using this Application and Website you (“User”) acknowledge that you have read and accepted these General Terms of Use and agree to comply with all of its terms and conditions. Likewise, the User recognizes and accepts that the access and use of this Application and / or Website will be subject to the General Conditions of Use that are in force at the moment in which it accesses. OTB reserves the right to modify at any time these General Conditions of Use, as well as any other general or particular conditions that result from application. Also, OTB reserves the right to suspend, interrupt or cease to operate the Application and / or the Website at any time.

  1. Contents

 Through the Application, OTB provides the User with a beauty services reservation service (hereinafter, the “Service”). The Application and / or Website, provides the User with access to various contents, information and data provided by OTB in connection with the Service (hereinafter, the “Contents”). OTB reserves the right to modify at any time the presentation, configuration and location of the Application and / or the Website, as well as the corresponding conditions of access and use. OTB does not guarantee that the Contents provided through the Application and / or Website will in any case be correct, complete or updated. OTB acts as an intermediary in its own name in the provision of beauty services to the User. It will be the exclusive responsibility of the third professionals of the hairdressing, cosmetic or esthetic the provision of the services that are contracted through the Application and the Service developed by OTB. OTB only makes available to the User a tool to reserve beauty services provided by third-party professionals. The User exonerates OTB from any liability derived from the beauty service provided by third parties.

  1. Access and Use

 Access to the Application shall be limited to persons over 14 years of age. Notwithstanding the foregoing, access to certain content and / or participation in OTB promotions may be limited to adults or minors emancipated, as indicated in each case. In general, the User may access the Application and / or the Website free of charge. The User acknowledges and accepts that the access and use of the Application and / or Website takes place freely and consciously, under his sole responsibility. OTB will not be responsible in any way for the use that the User and / or third parties could make of the Application and / or Web Site nor of the damages and damages that could derive from it. The User agrees to make an appropriate and lawful use of the Application and / or Website in accordance with applicable law, these General Conditions of Use, morals and generally accepted good practices and public order. The User must refrain from (i) making an unauthorized or fraudulent use of the Application and / or Website; (ii) access or attempt to access restricted resources of the Application and / or Website; (iii) use the Application and / or Website for illegal or illegal purposes or effects, contrary to what is established in these General Conditions of Use, good faith and public order, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload or prevent the normal use or enjoyment of the Application and / or Website; (iv) cause damage to the Application and / or Web Site or the systems of its suppliers or third parties; (v) introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to OTB systems, its suppliers or third parties, (vi) attempt to access, use and / or manipulate OTB data, third-party suppliers and other users; (vii) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Content, unless authorized by the holder of the corresponding rights or is legally permitted; (viii) obtaining or attempting to obtain the contents using means or procedures different from those that, depending on the cases, have been made available for this purpose. The User may only access the Application through authorized means. It is the User’s responsibility to ensure that you have downloaded the correct Application on your device. OTB will not be liable in case the User does not have a compatible device or downloaded a version of the Application incompatible with your device.

  1. Additional conditions for access and use

 Access to the Application will be subject in any case to the previous registration of the User by completing the corresponding form (“Registration Form”), which will be previously provided to the User. OTB reserves the right to freely accept or reject the registration request by the User. The data entered by the User in the Registration Form must be accurate, current and truthful at all times and may include the user’s ID. The access and use of the Application or the specific area of the Website will be subject to a password assigned to the User by OTB upon completion of the Registration Form and access will be deemed done by said User, who will be responsible for such access and use. The User will be responsible at all times for the custody of his password, assuming, consequently, any damages that could be derived from its misuse, as well as from the transfer, disclosure or loss of it. In case of forgetting the password or any other circumstance that entails a risk of access and / or use by unauthorized third parties, the User will immediately notify OTB so that it immediately proceeds to block and replace it. In any case, any operations carried out prior to such communication shall be deemed to have been made by the User, who shall be responsible and pay for any expenses and / or damages arising from any unauthorized access and / or use made prior to such communication.

  1. Payment and Billing Conditions

 The rates applicable to the Service will be charged by OTB automatically, once the service is completed, through the credit card data provided by the User in the Registration Form. Following a request for a service, OTB SL reserves the right to request the pre-authorization of charging the service to the credit institution linked to the credit card that the User had entered into the Application. In no case will this pre-authorization mean the actual collection of the service to be performed, which will only be done once the service has been completed. The rates charged will not be refundable. The fees and cancellation and compensation costs, as well as their updates, are available at all times on the Website and are subject to possible modifications. The User is advised to periodically access the Website to know the applicable rates at any time. The User may, at his / her choice, make bank transfers to the bank account indicated in the Registration Form. The funds of such transfers shall be considered as advance credit, which may only be used by the User for payment of the Service (hereinafter “Good Credit & Go”). For this purpose, the fees applicable to the Service will be collected by OTB automatically, once the service has been terminated, discounting the final amount of the Guapa & Go Credit acquired by the User. The Guapa & Go Credit acquired by the User will not be refundable. Also, all promotions and discounts, as well as their conditions of use, will be available on the Website. OTB reserves the right to restrict the use and to recover the amount of the promotions, invitations and discounts to those Users who make improper, illicit or abusive use of them. It is strictly forbidden for a user to create different Guapa & Go accounts or to share an electronic payment method with other users in order to unduly benefit from discounts and invitations, which is considered an abusive use of the same. Invitations and discounts will lose their value within three months of their creation. In addition, OTB reserves the right to cancel or reduce the value of discounts, invitations and promotions at any time. Finally, the value of invitations or discounts may be limited to certain categories of vehicles. In accordance with the provisions of the Privacy Policy, the credit card data provided in the Registration Form will be sent to the payment service provider and responsible for storing the User data. The User must access or may be redirected to the website of the payment provider through the link provided for this purpose in the Registration Form. In any case, the User is advised to consult the terms and conditions of use and the privacy policies of the third-party websites to which they access through links included in the Application and / or Website. For security reasons it is not allowed to use the same method of payment in more than two independent accounts. In case this number is exceeded, the company may proceed to block the service to all accounts until the ownership of the accounts and the method of payment is documented. Likewise, according to the provisions of the Privacy Policy, the user’s banking data to which OTB may have access as a result of the purchase of Crédito Guapa & Go by bank transfer shall be considered for all purposes of Users’ Personal Data . The invoices will be available to the User in the offices of OTB without prejudice that they can consult them through the Application and / or Website. Unless explicitly requested by the User, indicating the postal address in the section intended for the purpose in the Application and / or Website, the invoices will be available to the User in the offices of OTB. In case of express request, the invoices will be sent to the User at the address indicated for this purpose. For purely informative purposes, invoices may be consulted through the Application and / or Website.

  1. Intellectual and Industrial Property Rights

 The User acknowledges and accepts that all intellectual and industrial property rights over the contents and / or any other elements inserted in the Application and / or Website (including, without limitation, trademarks, logos, trade names, texts, images, graphics , designs, sounds, databases, software, flow diagrams, presentation, audio and video), belong to OTB. OTB authorizes the User to use, display, print, download and store the contents and / or elements inserted in the Application and / or Website exclusively for his / her personal, private and non-profit use, refraining from performing any acts of decompilation, reverse engineering, modification, disclosure or supply. Any other use or exploitation of any content and / or other elements inserted in the Application and / or Website other than those expressly provided herein shall be subject to prior authorization by OTB.

  1. Data Protection

 The personal data (hereinafter, the Data) that you provide by means of the Registration Form will be integrated in a file of personal data of which OTB is responsible, whose address is in the heading of the present document. For more information consult the Privacy Policy.

  1. Exclusion of guarantees and responsibility

 OTB does not guarantee the availability and continuity of the operation of the Application and / or Website. Consequently, OTB will not be responsible in any case for any damages that may arise from (i) the lack of availability or accessibility to the Application and / or Website; (ii) interruption in the operation of the Application and / or Web Site or computer malfunctions, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads on telephone lines, data centers, the Internet system or other electronic systems, produced in the course of its operation; and (iii) other damages that may be caused by third parties through unauthorized intrusions beyond the control of OTB. OTB does not guarantee the absence of viruses or other elements in the Application and / or Website introduced by third parties outside OTB that may cause alterations in the physical or logical systems of the User or in the electronic documents and files stored in their systems. Consequently, OTB will not be responsible for any damages of any nature that could be derived from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the User. OTB adopts various measures of protection to protect the Application and / or Website and the contents against third party computer attacks. However, OTB does not guarantee that unauthorized third parties can not know the conditions, characteristics and circumstances in which the User accesses the Application and / or Website. Consequently, OTB will not be liable in any case for damages and losses that could derive from such unauthorized access. By subscribing to these General Conditions of Use, you declare that you will hold harmless from any claim to OTB, its parent company, directors, partners, employees, lawyers and agents arising from (i) any breach by the User of any provision contained in these General Conditions of Use or any law or regulation applicable thereto, (ii) breach or violation of the rights of third parties including, but not limited to, third party professionals, other drivers and pedestrians; and (iii) non-compliance with the permitted use of the Application and / or Website. The final provision of the transport service will be at the discretion of the third party professional. In the event that, once the request has been processed by the User, the third party refuses to carry out the transfer due to the destination or for any other reason, the User may contact OTB so that, as far as possible, it provides the User with a replacement vehicle. OTB will provide the User with a service outside the company. OTB will not evaluate the suitability, legality or capacity of such beauty service, waiving the User and exempting OTB from any obligations, claims or damages arising as a result of the relationship with the third party professional. OTB shall not be party to any disputes between the User and the third party. Any liability or obligation arising from the relationship between the User and the third professional, whether via software or services, rests solely with the User, with all the implications that this entails. OTB will not evaluate the suitability, legality or capacity of said transport service, expressly renouncing the User and exonerating OTB from any obligations, claims or damages arising as a result of the relationship between you and the third party, by virtue of the use of the software or their services. The quality of the transport service programmed through the Application is the responsibility of the professional third party, which is ultimately the one that offers the transport service to the User. Therefore, the User understands that (i) with the use of the Application and / or Website and consequently of the transport service, may be exposed to a potentially dangerous, harmful, harmful and in any case objectionable transportation (ii ) and that said activity is carried out at its own risk and responsibility.

  1. Notifications

 OTB may make the appropriate notifications through a general notification in the Application, through the email address provided by the User on the Registration Form or by ordinary mail to the address provided by the User on the Registration Form. The User may notify OTB by sending an email to the contact@guapaandgo.com address.

  1. Data transfer

 The User may not assign his rights and obligations arising from these General Conditions of Use without the prior written consent of OTB. OTB may assign, without the prior consent of the User, the present General Conditions of Use to any entity within its group of companies, worldwide, as well as to any person or entity that happens to it in the exercise of your business by any titles.

  1. Applicable Law and Jurisdiction

 These General Conditions of Use, as well as the relationship between OTB and the User, shall be governed by and construed in accordance with Spanish law. The parties agree to submit to the exclusive jurisdiction of the courts and courts of the place of residence of the User for the resolution of any dispute in relation to these General Conditions of Use or the relationship between them.

  1. Regulation

 In Guapa and Go we always offer the maximum transparency to our clients and workers. Below you will find all the legal details of the activity developed by Guapa and Go España:

a) Contractual relationship of Guapa and Go with the collaborating professionals

  • The professionals who collaborate with Guapa and Go do so under a commercial service contract regime, whether they are companies or self-employed beauty salon owners, who provide the service directly or through labor personnel hired under the general social security scheme in a manner prior to the start of its collaboration with the company.
  • In this way, Guapa and Go does not register self-employed, but they have already been constituted as such before beginning their contractual relationship. The professionals who collaborate with Guapa and Go do not receive a fixed monthly or annual salary, but their income is a consequence of the billing of the hours and services performed. With respect to the remuneration of the employees of the professionals, if they had them, Guapa and Go requires their professionals to comply with all the regulations in force in labor matters, including, among others, the discharge of their workers under the applicable regime of the Social Security, to pay in time and form the employees and to be up to date in their labor obligations.

b) Collection of payments and receipts: passengers and professionals

  • The Guapa and Go control system makes it possible to trace absolutely all charges and payments, which are never made in cash, which, together with the contractual requirement to comply with labor and tax obligations, eliminate the underground economy and precariousness in others segments of the beauty industry.
  • The contractual relationship that binds Guapa and Go with its suppliers is fixed under a contract agreed by both parties. Under the terms of this agreement, Guapa and Go requires that the services meet standards of excellence and quality.

c) Corporate structure Guapa and Go

  • Guapa and Go operates under the existing legal framework, working with the regulator and the competent authorities to adapt its service to current legislation and ensure a fair competition framework for all actors. The company has the necessary licenses and administrative authorizations for the provision of the service and has always remained within its business area, respecting, as it can not be otherwise, the limits imposed by the applicable legislation.