fbpx

Terms of Service

TERMS OF SERVICE

1. SCOPE

  1. These general terms and conditions of service (the “Terms of Service“) govern your access to and use of Behyve’s Platform, as well as any related services provided through it by BEHYVE IBIZA, S.L. (“Behyve“, the “Company“, “We”, “Our” or “Us”). 
  2. Behyve and the Customer acknowledge each other’s legal capacity to be bound by these Terms of Service. 
  3. Both the Terms of Service and any special terms that may be resolved between the Parties (the “Special Terms”), together with the Privacy Policy , shall be deemed together to be the agreement between the Parties (the “Agreement”). In the event of any inconsistency between the Special Conditions and these Terms of Service, the Special Conditions shall prevail.  
  4. By accessing or using Our Platform and Services, You agree to be bound by these Terms of Service. 
  5. Subject to Section 9 of the Terms of Service, Behyve shall not be liable for any claims, injuries, losses, damages, and harm arising out of and/or in any way connected with the acts and/or omissions of Providers and Users, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by applicable regulation, the use and/or provision of the Services by Providers or third parties is at your sole and exclusive risk.

2. DEFINITIONS

2.1 In these Terms of Service, capitalised terms that may be included in other sections shall be defined as follows:

  1. Customer” (also, “You“, “Your” or “Yours”), refers to any individual or legal entity accessing or using Our Platform. Accordingly, Customer shall mean the User and the Provider.
  2. User” means an individual who registers on Our Platform for the purpose of booking any of the services provided by Providers.
  3. “Provider/s” refers to the professional who registers on Our Platform to create a profile and offer his/her services.
  4. Provider’s Services” means the services provided by Provider(s) and advertised and/or purchased through Our Platform. Booking and payment for the Provider’s Services will be carried out through Our Platform.Provider, and not Behyve, is responsible for performing the Provider’s Services contracted through the Platform.
  5. “Platform” means the Website, the mobile Application and any other digital interface or tool provided by Behyve to access the Services.
  6. Services” means access to, and use of the Platform and any Booking or other services provided by Behyve. 
  7. “Booking” means the reservation made by the User for the purpose of carrying out, on the date and time resolved with Provider, the provision of the services offered by the Provider on Our Platform.All requests are subject to acceptance by Provider. The Provider is not obliged to accept any request and may, at its discretion, reject it for any reason. Upon completion of a Booking, Provider undertakes to respect the price and other conditions of such Booking as acknowledged in the booking confirmation.
  8. “Fee” means the payment to be made by the User to Behyve for Booking the Provider’s Services through Our Platform.
  9. “Service Provider’s fees” means the payment to be made by the User for the services provided by Provider.
  10. Party” or “Parties” refers to the Customer and Behyve collectively or individually, as the context requires.

CONDITIONS OF ACCESS AND USE OF THE PLATFORM

  1. Legal Age. The Services may only be contracted by individuals of legal age and with sufficient legal capacity to contract. If the Customer is a legal entity, the individual who accepts these Terms of Service guarantees that he/she is authorised to accept them on his/her behalf and to bind the Customer.

Behyve reserves the right to refuse Services or immediately terminate the Agreement with a Customer, if the Customer does not meet the age requirements or does not have sufficient legal capacity to contract or, if the Customer has previously breached the Terms of Service.

  1. Access and authentication. The Customer must enter login details to create an Account and be able to access the Services through Our Platform. 
  2. Account Creation. The Customer must create an Account to access the Services. If you are a User, you must create an account to book the Provider’s Services through Our Platform. 

In case you are a Provider, you must create a profile describing the services you offer and your availability so that Users can book and purchase your services through Our Platform.

Customer is responsible for maintaining the confidentiality of its access data and undertakes to immediately notify Behyve of any unauthorised or suspicious use of its Account.

  1. Telecommunications and Internet services. Customer acknowledges and agrees that the Services’ use depends on access to telecommunications and Internet services. Customer shall be solely responsible for the acquisition and maintenance of all Internet and telecommunications services and any other hardware and/or Platform necessary to access and use the Services. Behyve shall not be liable for loss or corruption of data, loss of communications, or any other loss or damage of any kind.

Compliance with regulation. Customer undertakes to fulfil all applicable laws, regulations and third-party agreements when using the Services.


3. FEES AND PAYMENTS

3.1 Fee
The Customer undertakes to pay Behyve the fees and charges incurred in connection with the Services for each Provider’s Services booking carried out through Our Platform, as well as any additional services contracted and provided by Behyve.
Behyve reserves the right to change its rates for the Services. The Customer will be notified prior to contracting about any rate changes. Continued use of the Services after such notification constitutes acceptance of the new rates.

3.2 Provider Services’ Fees
In addition to Behyve’s fees, the Customer shall also pay for the Provider’s Services. Providers will provide information about the price of their services through Our Platform. Providers may amend the price of their Services and, in the event of such amendment, will notify the Supplier through their profile. The applicable prices of the Provider’s Services will always be indicated before contracting through Our Platform.

3.3 Payment of Provider Services’ Fees
Behyve shall pay the Provider the fees for services rendered to the User after a period of seven (7) days following the provision of the services.

3.4 Purchase Process
The price of Behyve’s booking service fee and the price of the Provider’s Services will be indicated at the time of contracting, based on the current fee, applicable taxes, and any applicable discounts. Any features, costs, or services not specified in the description are not included. Once the purchase process is complete, the Customer will receive an email from Behyve detailing the Services and the payments made.

3.5 Taxes
The Customer is responsible for paying any applicable taxes, including but not limited to value-added tax (VAT) or any similar taxes imposed by relevant authorities, arising from the provision of the Services under this Agreement. Payment for the Services may be subject to taxes, which are not included in the price unless otherwise stated. Prior to confirming the contracted service and making the payment, the final price, including applicable taxes and other charges, will appear on the payment screen.

3.6 Payment Method
Behyve does not manage or store any economic or financial data. Payments are processed through Stripe, a third-party payment service provider. Payments for the Services shall be made via credit or debit card through Stripe.

3.7 Invoices
Invoices may be delivered electronically to the Customer by email. In any case, you may request the invoice by sending an email to [**].

3.8 Suspension for Non-Payment
Behyve reserves the right to suspend or terminate access to the Services due to non-payment. Such suspension may temporarily interrupt access to the Services until all outstanding payments are settled.


4. DURATION AND TERMINATION OF THE AGREEMENT

4.1. This Agreement shall enter into force on the date Customer contracts the Services (date of acceptance of these Terms of Service) and shall remain in force indefinitely until terminated by either the Customer or Behyve.


5. INTELLECTUAL PROPERTY RIGHTS

5.1. Behyve owns all intellectual or industrial property rights, or has sufficient authorization, on the Platform (software and applications associated with it) and all content, including, but not limited to, all content, trademarks, copyrights, source and object code, designs, interfaces, texts, images, videos or any other material, derivative rights, as well as the architecture, presentation, arrangement and classification of the contents of the Platform (with the exception of the Provider’s Materials).

5.2. When Customer uses the Platform and the Services, Behyve does not grant the Customer any right to exploit all or part of the same, except for the rights granted in this Agreement, and Behyve reserves all such rights.


6. LICENSE AND CONDITIONS OF USE OF THE PLATFORM

6.1. License.  Behyve grants to Customer a non-exclusive, non-sublicensable, non-transferable, revocable, worldwide, limited license to access and use the Platform and the Services associated with the Platform, for the exclusive use of whoever accesses the Platform during the term of this Agreement (the “License“). 

The License to access and use the Platform shall remain in effect until and unless terminated by the Customer or Behyve. Customer acknowledges and agrees to use the Platform for its own use and not to market it to third parties. In addition, Customer agrees that it will fulfill the restrictions set forth in this section.

The Customer may only use the Platform and the Services in accordance with this Agreement. Any other use is prohibited unless expressly authorised by Behyve. The Customer shall not, with respect to the content, computer codes of the elements making up the Services, do (including encouraging, facilitating, or causing any other party to do) the following:

  1. Use the Platform or the Services for any competitive or public purpose.
  2. Use the Platform or the Services for unlawful purposes.
  3. Copy/reproduce, lend, sell, rent, sublicense, broadcast, distribute, edit, transfer to third parties, as well as adapt the Platform or any part thereof in any way.
  4. Reverse engineer, decompile, disassemble, modify, or create derivative works of the Platform or any part thereof, except to the extent permitted by applicable regulation.
  5. Circumvent, modify, remove, delete, erase, alter or otherwise tamper with any security, encryption or other technology or software that is part of the Platform.
  6. Carry out any action contrary to the Terms of Use (including the introduction of viruses or other malicious software, the intentional overloading of the servers or any other action that prevents the normal use of the Platform or is likely to cause damage to computer systems, the access provider, its suppliers, or third-party Internet users).
  7. Impersonating other users, Providers and Customers.
  8. Use the Services in any way that could interfere with, hinder, adversely affect, or prevent other Customers from fully enjoying the Services, or that could damage, disable, overburden, or impair the operation of the Platform.
  9. Use the Platform in violation of copyright or other laws.

 

In short, ANY ACCESS TO OR USE OF THE PLATFORMS THAT IS CONTRARY TO THE PROVISIONS OF THIS AGREEMENT AND, IN PARTICULAR, THOSE WHICH MAY BE ILLEGAL, ABUSIVE, FRAUDULENT OR WHICH MAY HARM THE RIGHTS OF BEHYVE, OTHER USERS AND/OR THIRD PARTIES IS PROHIBITED. 

IN THE EVENT THAT BEHYVE SUSPECTS THAT THE PLATFORM IS BEING USED FOR SUCH PURPOSES, BEHYVE MAY REFUSE AND/OR DISABLE THE USE OF THE PLATFORM LICENCE OR OTHER SERVICES.

Any use of the Platform and the Services in breach of this clause shall be deemed a material breach of the Agreement, which shall allow Behyve to resolve it with immediate effect, and to cancel or block access to the Services, as well as to take such measures as may be appropriate to prevent repeated breaches of these stipulations. 

6.2. Provider’s Materials. By creating a profile, Provider may include images, text, content, trademarks, or trade names, among others. Provider shall retain ownership of all Provider’s Materials that it has included on Our Platform to offer its services.

Provider grants Behyve a non-exclusive, non-sublicensable, non-sublicensable, non-transferable, revocable, worldwide, limited license to Behyve with respect to the Provider’s Materials for use on the Platform only, and Company may not market or transfer the Provider’s Materials to any third-party, and for the term of this Agreement. 

6.3. Feedback. If Customer provides Behyve with suggestions and ideas for modifying or improving the Services (“Feedback“), Customer hereby assigns and agrees to assign to Behyve all right, title and interest in and to the Feedback, including all intellectual property rights related thereto. Accordingly, Behyve is entitled to use any Feedback in any manner and for any purpose without requiring the Client’s permission or compensation in exchange for such use.


7. DATA PROTECTION

7.1. Any personal data provided by Customer during the use and access of the Platform and contracting of the Services will be treated in accordance with our Privacy Policy.

7.2. Behyve and Provider agree that they are independently responsible for the processing of personal data of Users who book and purchase the Services from Provider in the context of this Agreement, and therefore undertake to fulfill all data protection laws and regulations applicable to their activities under this Agreement, including, but not limited to, the European Union’s Data Protection Regulation (“GDPR”), and other local data protection laws and regulations.

The legal basis that legitimises the processing of personal data is the existence of a legal or contractual relationship, as well as the fulfilment of the legal obligations imposed on the Parties. The data will be processed for the duration of the contractual relationship between the Parties. Once the contractual relationship has ended, the data will be blocked for the period during which any liability may arise from the processing or from the Agreement. 

7.3. For the exercise of rights of access, rectification, erasure, opposition, portability, and limitation of processing recognised by the GDPR, the Parties may contact the contact details of each party. In addition, they may also contact the competent authority to assert their rights (www.aepd.es).


8. RIGHT OF WITHDRAWAL AND REFUND POLICY

8.1. Withdrawal. The right of withdrawal is the right of any consumer to withdraw from an agreement within 14 calendar days from receipt of the products purchased or, in the case of services, from the contract, without having to justify their decision or bear any penalty.

Customer shall have the right to withdraw from this Agreement within 14 calendar days of the conclusion of this Agreement. However, such withdrawal shall not apply if the Service has been fully executed, where execution has commenced, with the prior express consent of the User and with the acknowledgement that, once the Agreement has been fully executed, the User will have lost his right of withdrawal. 

In the case of the Services provided by Behyve, i.e. the booking service, the Customer expressly agrees that this Agreement shall commence to run from the time of its conclusion (contracting or payment of the Service’s Provider), i.e. during the withdrawal period, and therefore acknowledges that, once the Agreement has been fully executed, the Customer shall have lost its right of withdrawal with respect to the Fee or booking charges.

Concerning Provider’s Services, User shall have the right to withdraw within 14 calendar days of the conclusion of this Agreement. Nevertheless, such withdrawal shall not apply if the Service has been fully executed, where execution has commenced, with the prior express consent of the User and with the acknowledgement that, once the Agreement has been fully executed, the User will have lost his right of withdrawal. 

The exercise of the right of withdrawal is not subject to any formality, so it is sufficient for the Customer to notify Behyve of his/her wishes within the period indicated above to our postal address (Diseminado Buscastell, n.º 40, 07820 Sant Antoni de Portmany – Ibiza (Spain) or e-mail (support@behyve.net) using the withdrawal form below:

 

Withdrawal Form:

For the attention of BEHYVE IBIZA, S.L.

I hereby give notice that I am withdrawing from the Agreement in relation to the following Services:

Agreement on / reference:

Consumer data:

Signature of the consumer:

The date:

The User may not withdraw from the contracting of the Services or the Provider’s Services when he/she does not have the status of consumer in accordance with the provisions of the applicable regulations.

8.2. Cancellation by Service Provider. If a Service Provider cancels a Booking, the Company will refund the fees paid by the User for services not rendered, i.e. the Service Provider’s Fees, except for Behyve’s handling fee or expenses. 

8.3. Cancellations by User. If a User cancels a Booking:

  1. more than 48 hours prior to the scheduled time for the provision of the services by the Service Provider, we will refund the fees paid by the User for the services not provided, i.e. for the Service Provider’s Fees, except for Behyve’s Management Fee or expenses.

 

  1. If the Service Provider fails to provide the Services more than 24 hours prior to the time the Services are scheduled to be provided by the Service Provider, we will not refund any fees paid by the User for any Services not provided due to a cause attributable to the User. In this case, we will not reimburse either the Service Provider’s Fees or Behyve’s handling fee or expenses. 

8.4. Such reimbursement shall be made using the same means of payment that the User used for the initial transaction, unless otherwise expressly resolved.


9. LIMITATION OF LIABILITY

9.1. Exclusion of Indirect Damages: To the maximum extent permitted by applicable regulation, Behyve shall not be liable for any indirect or consequential damages (i.e., loss of income, data, profits, revenue, or business), whether incurred directly or indirectly, arising out of or in connection with this Agreement.

9.2. Limitation of Damages: To the extent permitted by law, the total liability of Behyve, its partners and its staff for any damage, injury or claim arising out of the Services is limited to the amount paid by Customer (specifically excluding amounts paid to Service Providers) during the twelve (12) months prior to the event giving rise to liability.

9.3. Exclusion of liability for actions beyond the Company’s control. Behyve’s role is to provide Customer with a platform for managing bookings and contracting services offered by Providers. Consequently, the Company would act as an intermediary, due to the fact that Provider is the entity responsible for providing the services offered through the Platform.

Behyve is in no way responsible for the provision of services operated by third parties, as it is these third parties who provide the services. Accordingly, Behyve does not offer any guarantee that the User will get specific results from the services provided by third parties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEHYNE BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATED TO THE PROVIDER’S SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES, THEFT, BODILY INJURY, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE PLATFORM, OR FROM ANY INTERACTION WITH OTHER USERS OF BEHAVE’S SERVICE, WHETHER ONLINE OR OFF-LINE. THIS INCLUDES ANY CLAIM, LOSS OR DAMAGE ARISING FROM THE CONDUCT OF THE PROVIDER OR ANY THIRD PARTY.

9.4. Exclusion of Liability for Behyve’s Services. The Company does not guarantee that the availability of the Services will be continuous and uninterrupted, as the Services may experience difficulties due to circumstances caused by Internet network problems, computer device failures and other unforeseeable circumstances. 

THE PLATFORM, SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. BEHYVE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, FREEDOM FROM ERROR OR ACCURACY OF THE SERVICES OR THEIR CONTENT. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, NO WARRANTIES (EXPRESS OR IMPLIED), INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ARE MADE. 

 

Behyve reserves the right to deny, withdraw/block access to the Services and/or the Platform without notice, at its own or a third party’s request, to Customers who fail to fulfill this Agreement.

 

Behyve will prosecute any breach of this Agreement, as well as any improper use of the Platform, reserving the right to exercise all civil and criminal actions to which it is entitled.


10. AMENDMENTS

Behyve reserves the right to modify, at any time and without prior notice, these Terms of Service. Such amendments shall enter into force on the date of their publication on the Platform or, as the case may be, on the date indicated to you. 

 

Behyve will notify you of any changes and the effective date, and the Customer may terminate the Agreement if it no longer wishes to use the Services in accordance with the new version. 

In any event, your continued use of the Behyve’s Services shall constitute acceptance of the amendments to the Agreement.


11. GOVERNING LAW AND JURISDICTION

If any provision of these Terms of Service is declared wholly or partially invalid or unenforceable, such invalidity or unenforceability shall affect only that provision or part thereof which is invalid or unenforceable, and the Agreement shall survive in all other respects, and such provision or part thereof shall be deemed not to have been made. 

The headings of the individual clauses are for information purposes only and shall not affect, qualify, or extend the interpretation of this Agreement.

Behave’s failure to require the Customer to comply with a term of this Agreement that it has contravened shall not constitute a waiver in the future of the application of such term, which may be enforced at any time.

The Customer acknowledges that it has read, understood, and resolved that these Terms of Service are sufficient to exclude mistake in the consent to this Agreement and therefore fully and expressly accepts them.


12. INCIDENTS AND CONTACT

In case of any doubts, queries, or complaints, Customer may write an email to the following address: support@behyve.net

 

If Customer detects any defect or error in the contracted Services, he/she may contact Behyve, indicating the defects/errors detected and attaching graphic proof of the same. Behyve, after analysing the specific case, will communicate to Customer the steps to follow in order to resolve the incidents found.

 

 


13. GOVERNING LAW AND JURISDICTION

This Agreement and its execution are subject to Spanish regulation, unless otherwise provided by law. 

 

In the event of any dispute arising as to the interpretation or application of these contractual terms and conditions, the parties shall negotiate in good faith in an attempt to resolve such dispute or claim. However, if the dispute or claim is not resolved, the Parties shall submit to the courts or tribunals of the Customer’s address, if the Customer is acting as a consumer. 

 

The European Commission also offers a platform for alternative dispute resolution, which can be accessed by any consumer at the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES

 

Nevertheless, only in cases where the regulations do not provide for a mandatory jurisdiction (i.e. in the event that the Customer is not considered a consumer), Behyve and the Customer submit the decision of the matter to the Courts and Tribunals of Balearic Islands (Spain).

***