Terms of use
These general conditions of use and legal information (hereinafter, General Conditions) apply to the website of NIUBO, whose domain is https://niubo.io (hereinafter and jointly, THE PLACE)
THE PLACE Is property of NIUBO. By using THE PLACE, you show your agreement and express acceptance of these conditions of use. If you do not agree, we ask you to refrain from using it.
Identification data of the owner of THE PLACE:
- LLUBRUMAS SL
- Registered office: C/ Marc Aureli 4, 2º1ª, 08006 Barcelona
- Identification Number (CIF): B10915569
1. Object
NIUBO is a technology company, whose main activity consists of the development and management of a technology platform, hereinafter THE PLATFORM, which, through a web page, allows certain companies and freelancers (collaborators) to offer their services through it.
NIUBO has developed a platform through which different collaborators, with whom NIUBO can maintain a commercial agreement for the use of THE PLATFORMA, they offer a number of services. The user has the possibility of requesting the acquisition of services from these collaborators through THE PLATFORM. NIUBO acts through its platform as a mere intermediary between the collaborator and its users. By virtue of the foregoing, it is not responsible for or endorses the quantity, quality, suitability of the services provided by the collaborator.
2. General Conditions
These General Conditions are applicable to any and all relationships of any nature between NIUBO and the users and/or purchasers of a code (the “Code(s)”). Codes can be purchased through THE PLATFORM or directly contact NIUBO. The purchasers of the Codes are hereinafter defined as the Clients and the services are hereinafter defined as the "Products". Likewise, it is clarified that the term “Customer” also includes the end users of the Codes – that is, those people who use the Code. Given that the Code can be used by the acquiring member or by a third party to whom he gives it, it may happen that the acquiring member and the user are.
2.1. The code contained in the email and/or on the card received, grants the client, during the indicated period of validity (the "Term"), the right to receive the contracted service that will be provided by the collaborator upon delivery of the Code, as indicates the instructions received in the mail and/or the card received.
2.2. Services: The activities included in each Code are those detailed in the description of the services published in THE PLATFORM. Any additional service, if able to provide it, will include extra costs at the discretion of the collaborator.
23. The client must contact the collaborator and make the reservations that may correspond, associated with their code.
2.4. The client may, eventually, agree with the collaborator an extension in the scope of the benefits related to the services. In no case may the customer claim NIUBO no reimbursement for payments made by the client to the collaborator.
2.5. The collaborator is solely responsible for the correct provision of the service, as well as for the risks and/or damages that may arise and/or occur in connection with the service – NIUBO will not be responsible for the risks and/or damages related to the provision by the collaborator to the customer of the service.
2.6. In case of non-use, expiration of the Code, once the Term has expired, the client will not be reimbursed and will lack any and all rights to any service and/or to file any claim against any collaborator and/or against NIUBO.
2.7. Obligations of the acquiring Member or Beneficiary of a service:
The purchasing user of a service, if he wants to enjoy it on a certain date, before acquiring the service must check the availability directly by contacting the collaborator following the instructions received in the email and/or on the card.
The Customer of a service assumes the obligation to be informed in advance of the standards and/or policies that may be required by the collaborator, and agrees to accept such policies and standards, as well as the remaining conditions that may be reasonably required by any Collaborator. Any refusal by any collaborator to provide the Client with any service due to any hypothesis of non-compliance with any of said policies and/or rules will not be considered by the Client as discrimination and/or non-compliance, and therefore will not imply any responsibility of such to the collaborator. I to NIUBO.
3. The Code
3.1. Activation of the Code: The Code must be activated by the Client within the Term, and they must contact the collaborator in order to make their reservation and make use of the Service. The same Code cannot be used more than once, so the Codes entered that have already been used will be automatically rejected by the system.
3.2. Validity of the Code: The services offered in NIUBO They must be used during the term of the Code, which will expire on the date indicated on the card and/or email (6 months from the date of purchase).
3.3. Extension of the Code: Once the term expires, the Code will lose its validity. From the expiration of the Code without the Client having made contact with the Collaborator and having made a reservation, they will have a period of fifteen (15) days to request the extension of its validity by sending an email to hello@niubo.io. In which case you will be given a new Code and you will have to pay an additional value linked to updating the rates of the collaborators and the administrative costs that it implies.
4. Change of services:
The Customer may change a service when HAVE NOT MADE A RESERVATION during the Term, accessing the corresponding section of THE PLATFORM.
In which case, the Client must pay the additional value linked to the higher cost of the chosen service or he will have a credit for the difference in his favor, and a new associated code will be granted.
The credit generated can only be used by making a purchase of a service in THE PLATFORM entering the code given by NIUBO to that effect.
The first Code will be canceled and another Code will be granted that applies to the new purchase that will remain valid for the same period of the original service.
It is made clear that in no case NIUBO nor will the Collaborator reimburse any amount for having made a change to a lower cost Product.
To carry out the process, you must access the corresponding section of THE PLATFORM and enter the information required to make the change.
5. Price and payment:
The price of the Services, as well as the means and modalities of payment, are detailed in THE PLATFORM. For the purposes of issuing the purchase receipt, the Customer agrees to provide the data required by NIUBO in the purchase process THE PLATFORM. The Client shall not pay an additional amount to the collaborator for the provision of the Service. The Client may, eventually, agree with the collaborator an extension in the scope of the benefits related to the Service at its exclusive cost. In no case may the Client claim from NIUBO any refund for payments made to the collaborator.
6. Deliveries:
6.1. Deliveries by electronic means: The delivery of the Code by electronic means will be made at the address indicated by the acquiring User immediately once the payment is confirmed. The acquiring User may also schedule the delivery of the Code at a later date indicated by the User, in which case the Code will be delivered at the time and on the day indicated.
7. Modify a reservation as a Client or as a Collaborator:
7.1. If as a User you need to modify a confirmed reservation, the modification must be agreed privately between the parties with the Collaborator, without implying any responsibility for NIUBO.
7.1.1. If the Collaborator rejects the confirmed reservation change request, your reservation will remain intact, the code will lose its validity 24 hours after the confirmed reservation date.
7.1.2. To cancel and receive a refund, or to extend the validity of the service by 90 days, you must comply with the Cancellation Policies due to weather conditions or reasons of Force Majeure in point 9.
7.2. If the partner changes their price after the customer purchases the code, the customer's reservation NO will reflect the price change.
7.3. If the Collaborator needs to modify a confirmed reservation, they must communicate directly with the client and request the change, privately, in relation between parties without affecting NIUBO.
8. Purchase revocation and reservation rescheduling policy
8.1. Standard cancellation policy by the User
Once the purchase is made, the customer will not be able to request a refund. As long as the code has not been redeemed, the Client may change the purchased service by accessing the corresponding section of THE PLATFORM. NIUBO will cancel the validity of the Code and will grant you a credit for future purchases in NIUBO.
If it is a gift that the recipient of the gift has not yet redeemed, they will be notified of their willingness to cancel the purchase and the code will lose its validity.
8.2. Rescheduling of Confirmed Reservations by the Client
The Client can reschedule the date or time of his service with a confirmed reservation in direct communication with the collaborator, subject to availability and cancellation policies of the collaborator, without implying any commitment or responsibility to NIUBO.
If the collaborator rejects the request to change the confirmed reservation, his reservation will remain intact, the code will lose its validity 24 hours after the confirmed reservation date.
9. Reasons for cancellation due to weather conditions and reasons of force majeure
The reasons for cancellation can be:
9.1. Meteorological conditions
If the service is carried out outdoors, the collaborator may cancel it before and during the development of the service, if the weather conditions make the environment unsafe or uncomfortable for customers. If this happens, the client will reschedule the service together with the collaborator and if this is not possible, they will receive a full refund.
9.2. Cancellation due to Force Majeure
We may issue a refund to the client if they have to cancel a reservation due to an unforeseen event that is beyond your control. Below, you will find a list of situations covered by our Force Majeure Policy. Before you cancel, check if your case is included in this list and if you can provide the necessary documentation. Cancellations due to force majeure are available only before the service start date.
9.2.1. Situations that require documentation:
Death of a close relative. In these cases, you will have to provide one of these documents:
- Death certificate
- Obituary
- Newspaper article mentioning the deceased person
- Police report
Unforeseen serious illness or injury of a client. You will be asked to present a medical certificate confirming that the person cannot receive the contracted services due to unforeseen serious illness or injury. The certificate also has to be issued after the confirmation of the reservation and has to be presented within 14 days after the cancellation. At the moment, our Force Majeure Policy does not cover pre-existing illnesses already known by the user at the time of booking.
Obligations imposed by authorities, including but not limited to: jury summons, travel restrictions, court appearances, or absence due to military mission. You will have to provide a copy of the official communication issued after confirming the reservation that includes the name of the person who must comply with any of these obligations.
Transportation issues that make it impossible to reach your destination, including route closures. This includes closures and cancellations caused by natural disasters, such as earthquakes or major storms. We will ask you to provide notice of the route closure.
9.2.2. Situations that require a particular analysis
We do not request specific documentation in these cases, but our specialized team evaluates each situation to confirm if the person is directly affected.
Natural disasters, terrorist activity, and political or social unrest that make it unsafe to perform the service.
Endemic diseases that unexpectedly affect a region or a whole group of people. This does not include diseases that are already associated with a given area.
Notices of security threats issued from the place of service.
9.3. Steps you have to follow for reasons of Force Majeure
If you have confirmed that your case is contemplated in the situations described above, first cancel your reservation by contacting the collaborator directly and communicate it to the email hello@niubo.io to make your claim. We will explain all the steps you have to follow below, including sending the documentation that we request and waiting for our team to evaluate your case. Claims must be submitted within 14 days of the force majeure event.
10. Customer Refund Policy for Setbacks
The Customer Refund Policy is available to Customers who reserve and pay for a service through THE NIUBO PLATFORM and suffer a Setback, as defined below.
By using THE NIUBO PLATFORM as a Customer, you confirm that you have read, understand, and agree to be bound by this Mishap Refund Policy
10.1. A "Setback" can be any of these cases:
10.1.1. The collaborator (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) does not provide the Client with the reasonable possibility of accessing the service (for example, he arrives and the place is closed at the time of the reservation). In this case, the Client must have done everything reasonably possible to try to correct the circumstances of the Setback with the collaborator before filing a claim for a Setback.
Once this instance has been exhausted, you must indicate the Setback in writing to hello@niubo.io providing the information about the circumstances of the Setback within a period of 24 hours from the moment of the beginning of your reservation that was not fulfilled by the collaborator.
If the absence of the collaborator is verified, NIUBO will offer the following options: (i) give you a credit in your favor for future purchases (ii) Change for another service by paying the difference, or generating a credit in your favor if the price is less than the original service.
All determinations of NIUBO regarding the Customer Refund Policy, including, without limitation, the amount of any refund and the comparability of alternative services, will be at the discretion of NIUBO and will be final and binding on the customer.
10.2. General disposition
10.2.1. Non-transferability/No guarantee. This Customer Refund Policy is not intended to constitute an offer of insurance nor does it constitute insurance or a contract of insurance with respect to the User Refund Policy. You may not assign or transfer the benefits provided to you under this Customer Refund Policy.
Modification or termination. NIUBO reserves the right to modify or terminate this Refund Policy at any time and at its sole discretion. Yeah NIUBO modifies this Refund Policy we will post the modification on THE NIUBO PLATFORM. NIUBO it will continue to process all claims for Mishaps that were made prior to the effective date of the amendment.
10.2.2. full agreement. This Customer Refund Policy constitutes the entire and exclusive agreement between NIUBO and the collaborator with respect to the Customer Refund Policy and supersedes and supersedes all and any previous agreements, written or oral, signed between NIUBO and the collaborator referring to the Policy of Reimbursement to the User.
11. Exemption and Waiver of Responsibility of acquirers and users of services
11.1. In a service, the collaborator and NIUBO require your acceptance of this Release and Waiver of Liability, which is effective between you, NIUBO and the collaborator from the date of your first reservation or your first participation in a service, whichever occurs first.
You declare that you are over 18 years of age. If you bring a minor you accept responsibility on behalf of the minor. If you are reserving a service on behalf of other clients, you will ensure that you represent and warrant that each client on whose behalf you have reserved, has read and accepts this Exemption and Waiver of Liability, which will apply to each of them, as if the reference to "you" was a reference to him/her.
11.2. Assumption of Risk: You understand and acknowledge that the service you purchase may be dangerous and may carry the risk of injury or illness, including illness, physical injury, property damage, disability, permanent paralysis, and death.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU VOLUNTARILY AND FREELY ASSUME ALL RISKS, WHETHER KNOWN OR UNKNOWN, OF PARTICIPATING IN EACH SERVICE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR NEGLIGENCE OF CONTRIBUTOR OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE SERVICE OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATING IN THE SERVICE.
11.3. Release and Resignation
You acknowledge and agree that:
You have reasonably assessed the risks involved in the Services and have made an informed and voluntary choice to participate.
You only, and not the collaborators or NIUBO They are responsible for determining your fitness to participate in the Services and your ability to fully understand any indications or warnings presented.
You will not participate in any services if you have a limited physical, medical or mental disability, or when you are aware or reasonably aware of any factor that may limit or prevent you from safely participating in such services.
You will act reasonably and responsibly and you will comply with any condition, indication and/or precautions provided for participating in the services. If you notice any danger during the provision of the service, you will stop participating in the service immediately.
TO THE EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE EMPLOYEE OR NIUBO FOR ANY CLAIM, DEMAND, CAUSE OF ACTION, LOSS (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITIES OF ANY NATURE ARISING FROM OF OR IN CONNECTION WITH YOUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR ANY OTHER LEGAL THEORY.
You expect this Release and Waiver of Liability to constitute a complete and unconditional release of all liability to the fullest extent permitted by law. You agree that if any part of this Release and Waiver of Liability is held invalid, the remainder will continue in full force and effect.
11.4. Compensation
You agree that if, despite this Release and Waiver of Liability, you or any person on your behalf makes a claim against the collaborator or NIUBO In relation to the provision of a service, you will keep the collaborator and NIUBO out of the claim of any responsibility, demand, loss, damage or costs that you may incur as a result of such claim.
You affirm that you have read this Release and Waiver of Liability and fully understand the assumption of risk, release, waiver, and consent contained therein. YOU ALSO UNDERSTAND THAT YOU HAVE WAIVED YOUR RIGHTS BY AGREEING TO THESE TERMS, AND YOU HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT BEING INDUCED IN ANY WAY.
12. Capacity
The use of THE PLATFORM and the contracting of services in NIUBO They are only allowed for people who have legal capacity to contract.
may not use THE PLATFORM nor hire those people who do not have that capacity or minors, so that the acquisition of a product or the use of THE PLATFORM they imply an affidavit that you have the legal capacity to contract and/or you are a person over 18 years of age. Those under 18 years of age and/or disabled who also browse the THE PLATFORM and/or purchase a service will be duly authorized by their parents/guardians and/or legal representatives.
13. Severability
In the event that any of the provisions set forth in these General Conditions were declared null or ineffective by any competent court, the validity of the remaining conditions will not be affected.
14. Indemnification
You agree to hold harmless, defend (at the option of NIUBO), indemnify and discharge from responsibility NIUBO, as well as its managers, directors, employees and agents, against and against any claims, obligations, damages, losses and expenses, including, by way of enumeration but not limitation, reasonable legal and accounting fees, that are derived from or are in any way related to (i) your breach of these General Contract Conditions; (ii) your misuse of the Services NIUBO; (iii) Collection and Transfer by NIUBO of the Taxes; or (iv) your breach of any laws, regulations or rights of third parties.
NIUBO acts through its platform as a mere intermediary between the collaborator and its clients. By virtue of the foregoing, it is not responsible for or endorses the quantity, quality, suitability of the services provided by the collaborator.
15. Current legislation
15.1. This contract will be governed by the provisions of Spanish Law, the Parties renouncing the jurisdiction that may correspond to them according to the legislation that each of them is applicable to.
15.2. For the solution of any dispute or dispute arising from this contract, including those arising from it, as well as its validity, the Parties submit to the Courts of the city of Barcelona.