Our Terms & Conditions

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User Terms

Last Updated: 28 Sep 2018

Welcome to MyHurryApp, the innovative Application where App Users can browse different Service Providers, and after registering with us, they can immediately contact various Service Providers with just one click. All relevant Service Providers will immediately receive a real-time notification of a request for Service and following acceptance from a Service Provider (or more than one), App Users can directly book the preferred Service Provider within a few minutes, be it a last-minute urgently required service or any other service as necessary. Service Providers can also promote their business and advertise their services, any last-minute availabilities/cancellations or any other special offers. MyHurryApp thus enables people to access, request or book nearly any Service Provider they need in a few, short moments. Following such booking, a review can be left regarding the experience between the App User and the Service Provider. MyHurryApp is devoted in maintaining a friendly but professional community. MyHurryApp is available for everyone’s use and we do not tolerate any form of discrimination against anyone. Any form of discrimination may result in the suspension or removal of the relevant App User or Service Provider account. Definitions "Us," "we," or "our" refer to MBC Byte Code, an entity existing under under the laws of the Malta. "MyHurryApp", the "Application", or the “App”, means the mobile app on which the service you access, accessed, require, required, book, and/or booked from a Service Provider is made available through the platform by MBC Byte Code. "Service" means any of the various services that can be accessed, required and, or booked by you from the Service Provider/s through the Application. "Service Provider" means the professional business individual or entity who is registered with us to provide a service through the Application. “You” means yourself as the user/consumer who is accessing, and, or using the Application to look up Service Providers and to access, request and or book a Service. “App User” can mean you (as applicable) or any other user/consumer who is accessing and, or using the Application to look up Service Providers and to access, request and or book a Service. “Review Rating” refers to the star rating (which may also include a comment) which App Users and Service Providers should leave one another after a Service which would have been booked is provided (or not). This star rating may be available next to your profile name, as follows: 1 Star - Very Bad, 2 Stars - Bad, 3 Stars - OK, 4 Stars - Good, 5 Stars - Very Good. When you send a notification of a request for Service to the Service Provider/s, you are requesting a Service. You book a Service Provider after it would have accepted to offer you the Service (following your notification of a request for Service), where you choose and book it as the Service Provider.

Introduction to Terms and Conditions

These terms and conditions (hereinafter referred to as the “T&Cs”), apply to access and use (including the registering of any account with us) of the Application, its content, functionalities and, or all services (including those offered by any Service Provider) and made available through any mobile device when using MyHurryApp as well as any website/platform created in connection with the Application. We reserve the unconditional right (unless not otherwise allowed by law), at any time and from time to time, to amend or modify these T&Cs without having to give any prior notice to you. Such updated T&Cs would be made available on the Application as soon as reasonably possible. Should any such amendments or modifications constitute a material change (as we may deem) to the T&Cs, we would notify you through the Application. Whenever you continue to access and, or use the Application in any manner after any such amendments or modifications to the T&Cs as made available on the Application, you are thereby agreeing to be bound by such updated T&Cs. We highly encourage you to read and go through the T&Cs whenever you use the Application. By using the Application and/or by accessing, requesting and/or booking a Service Provider through our Application, you acknowledge and agree to have read, understood, and agreed to the T&Cs set out below. If you do not agree with these T&Cs or any amendments or modifications to them, you must not access or in any manner use the Application. By using the Application and/or by accessing, requesting and/or booking a Service Provider through our Application, you acknowledge and agree to have also read, understood, and agreed to our Privacy Policy. All of the Application’s content including the Service booking system is provided, operated and ultimately owned by MBC Byte Code and is available for your personal, non-commercial use only, subject to the T&Cs set out below. Therefore, you are not allowed to resell or transfer any booking of a Service which would have been placed through the Application for any commercial or competitive activity or purpose. Our commercial relationship with the Service Providers is governed by a separate set of terms and conditions which regulate the commercial relationship we have with each of these Service Providers. In terms of the separate set of terms and conditions we have with the Service Providers, each Service Provider is contractually bound to deliver the best Service to you, acting in all cases with the necessary due diligence and in a professional manner when making its service available on or through the Application. Each Service Provider is responsible for any inconvenience you may suffer as a result of any act or omission, as a result of a requested or booked Service as well as a result of a cancellation of any of its Service or no-show to any appointment as agreed upon through the Application, or any other action, since you are the Service Provider’s client. We are in no manner responsible nor liable, since the scope of the Application is to facilitate your possibility to request and book a Service in the shortest time possible, and your position as a client vis-à-vis a business lies only with the Service Provider/s and not with us. You are therefore the Service Provider’s client and we make that possible by allowing you to access, request and, or book a Service Provider through our Application. As a result, please also be aware that the Service Providers may have, declare applicable, and/or require (acceptance of) – in addition to these T&Cs, their own terms and conditions (which may include certain disclaimers and limitations of liability).

App User Account Registration

We will not allow any App User registration details which include (amongst others as we deem fit): any false information such as any fake identification / personal information both if you are creating an account for yourself as well as if you are creating an account for someone else without their authorisation and, or permission; unauthorised advertising material such as websites or any other contact details; illegal, fraudulent, adult-oriented and, or pornographic statements; politically sensitive comments, spam, nonsense, or violent statements; other people's private and confidential information. We also will not allow any App User registration, if you are under 16 years of age. By accessing, and or, using this Application, you represent and warrant that you are 16 years of age or older and that you are willing to form a binding contract with us or the Service Provider/s (as applicable) and meet all of the foregoing eligibility requirements as necessary. If you do not meet all of these requirements, you must not access or use the Application. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address, or any other inaccurate or wrong data you provide us. Any App User accounts that are removed following a violation of any part of the T&Cs (including intentional creation and registration of accounts) which go against our T&Cs, may be temporarily (suspended) or permanently removed. If an App User account is suspended, it may not be eligible for restoration at any point in time and this at our discretion. Additionally, no App User account may be assigned or in any manner transferred without our permission in writing first.

Scope & Nature of the Application

Through the Application, in their professional conduct of business, Service Providers can advertise, market, promote, offer and, or be booked, whereas you and other App Users can search information on any Service Provider as well as - after registering an App User account with us - access, request and, or book a Service Provider. No Service Provider is an employee, representative, officer, or any other affiliate, of ours. Moreover, we do not own, create, offer, or provide any Service made available through the Application as may be needed. Throughout your use of the Application, we act solely as an intermediary between you and the Service Provider, where you look for a Service Provider who can provide you a Service and you book the Service Provider, all the while transmitting through the Application: 1) your notification of a request for Service with relevant details (that is, your name and surname, your request message with as many details as possible on the required Service and your Application profile picture) to the relevant Service Providers; 2) a notification of the acceptance or rejection of the requested Service by the Service Provider/s as applicable; and 3) when a Service is accepted by the Service Provider and subsequently booked by you, your booking for a Service Provider with relevant details (that is, your name and surname, your request message and your Application profile picture) to the booked Service Provider. Through the Application, we can also transmit the Service Provider’s real-time notification promotion of a last-minute availability of a hard-to-come-by appointment. At our sole discretion, we can remove your request for a Service if it violates our T&Cs such as if it includes (amongst other terms as we deem fit): unauthorised advertising material such as websites or any other contact details; illegal, fraudulent, adult-oriented and, or pornographic requests or statements; politically sensitive comments, spam, nonsense, or violent requests or statements; other people's private, confidential and or sensitive financial information or any other information which in any manner infringes or violates anyone else’s rights or the law. By booking a Service Provider through the Application, you enter into a direct and legally binding contractual relationship with the Service Provider with which you book a Service Provider thereby becoming its client. You shall not vexatiously book a Service Provider and then not show-up for the appointment or in any manner not allow the Service to be given. We reserve the right to immediately cancel and, or block any App User account if we are satisfied that any bookings are being placed vexatiously and frivolously. When you are accessing, requesting or booking a Service Provider, the information that is disclosed on the Application is solely based on the information provided by the Service Providers. The Service Providers that advertise, and, or offer their Service on the Application (including any last-minute availabilities following a cancellation or any special offers) are given access to the Application’s system through which they are fully responsible for all information displayed on the Application. As a result, we cannot guarantee that all information shown on the Application is legal, accurate, true, complete, or correct, or free from any copyright or trademark infringement (or any other infringement or violation of law), nor can we be held accountable or responsible for any errors whether manifest or otherwise, as well as any inaccurate, misleading, or false information or lack thereof. Each Service Provider remains responsible at all times for the accuracy, completeness, and correctness of the uploaded information which is being displayed on our Application. Our Application is not and should in no circumstance be regarded as a recommendation or endorsement of any form of quality, service level, qualification, or rating of any Service Provider (or its services). The rating of any Service Provider is a result of the Review Ratings given by other App Users like you who would have rated the Service Provider following their experience with it. It is the Service Provider/s’ sole responsibility to ensure that there is full compliance with any laws or regulations as well as the due possession of any licence as may be necessary, when providing a Service.

Correspondence and Communication

A Service Provider can never initiate direct communication with you through the Application Inbox view. The Service Provider can however communicate with you, after you would have initiated communication with the Service Provider through the Application Inbox View. If you request a Service and a Service Provider receives your notification of a request for Service, the Service Provider can initiate communication with you through that particular Request Details chat functionality. Any harassment, rude, abusive, improper language, or violent messaging, or any other means of messaging which is intended amongst others, to derive any unfair advantage out of the Application or to unfairly impact, defame or in any manner harass any Service Provider will not be tolerated. Should inter alia any of the above cases occur, we ask you to get in touch with us on: info@myhurryapp.com. If we are satisfied of the claims brought forward, we can suspend or remove the relevant Service Provider account, or your App User account if you are in breach of our T&Cs as provided hereinabove in this paragraph.

Placed Booking

If you place a booking with a Service Provider you are entitled to the Service. However, we cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed, or accepted by the Service Provider. As a result, we do not uphold any claim or complaint against any Service Provider. We act solely as an intermediary between you and the Service Provider, where you find a Service Provider who can provide you a Service and you accept the same Service through the Application. Any claims or complaints are to be directed towards the Service Provider as you are the Service Provider’s client and not ours. Although when you place a booking, you will receive a unique booking number and a notification and, or email regarding the placed booking, as well as an entry in your Appointments view in the Application, we strongly suggest that you take screenshots when a booking is placed to support your position (if need be).

Price and Service

Unless indicated otherwise, our service to you is free of charge. We will not charge you or be paid any commission from the Service Provider when you request a Service and book a Service Provider. You will pay the Service Provider directly for the Service offered. In order to enquire on the price for the requested Service, you must message the Service Provider directly as the Service Provider is not bound to provide you with the price for the Service upon notification of acceptance of the Service by the Service Provider or upon placement of a booking by you. You should provide as much detail as possible when requesting a Service and you may message the Service Provider prior to placing your booking after notification of acceptance of Service from the Service Provider, requesting the price for the Service, if this has not been provided to you. It is your responsibility to enquire with the Service Provider on the price for the Service prior to booking a Service. If a booking with a Service Provider has been placed, this booking is binding and non-cancellable. The fact that you were not aware of the price prior to the booking does not justify the cancellation of the booking from your part or your no-show to the appointment. The purpose of the Application is to facilitate the possibility of swift placement of bookings and as a result these bookings should not be cancelled. At all times, it shall be your responsibility to check thoroughly with the Service Provider for any other relevant conditions relating to the Service and other details prior to placing your booking. You will not hold us liable or responsible for any cost incurred or amount charged by the Service Provider or any forfeiture of applicable deposit paid directly to the Service Provider (if any), for no reason whatsoever. Obvious errors and mistakes (including misprints) are not binding. All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes. Moreover, you should not book a Service Provider for someone else unless you have their explicit consent. You shall always be responsible whenever you book a Service Provider for you or for someone else, and in the latter case even if with or without their consent. Moreover, you are responsible for any other person’s data you share whenever you are placing a booking on their behalf whether with their authorisation or without.

Service Providers’ Terms and Conditions as well as Cancellations and No-Show/Late Show

By booking a Service Provider through the Application, you accept and agree these T&Cs as well as the Service Providers’ own terms and conditions (which may include certain disclaimers and limitations of liability). The terms and conditions of a Service Provider should be obtained directly from the relevant Service Provider. If you want to review, adjust or in any manner cancel your appointment with a booked Service Provider, you may contact the Service Provider who may at its own discretion uphold your request. If you are late for the Service, the Service Provider may not provide the Service. We do not accept any liability or responsibility for the consequences of your delayed arrival. Moreover, the Service Provider is free to leave you a Review Rating as it deems fit in any circumstance, just as you can leave the Service Provider a Review Rating. The same may apply if you do not show up for your appointment with the Service Provider. Whenever you are using the Application, including when you are accessing, requesting and, or booking a Service Provider you must always act responsibly and never vexatiously. You must not book any Service Provider unless you really need such a Service Provider to provide you with the Service.

Review Ratings

The next calendar day, following the day when the Service was scheduled to be provided, you will be required to submit a Review Rating on the Service Provider. This allows you and other App Users as well as Service Providers to express yourselves on your experience with one another following the Service offered (or not offered) as well as determine and discover the Application’s most preferred and deemed best Service Providers by the App Users themselves. This also allows for discovery of the most reliable and reputable App Users as well. Although we do not accept any liability or responsibility for no-show of the Service Provider, Review Ratings are a good way to be informed on the good performance or otherwise of a Service Provider. It is your responsibility to read Review Ratings which would have been submitted by other App Users with regard to the relevant Service Provider as well as to submit Review Ratings which are honest, transparent and which will help out other App Users like you. We do not pay you or in any way offer you a commission if you submit a Review Rating. Review Ratings are intended for the sole benefit of the App Users as indicated hereinabove. All Review Ratings must supersede an authentic booked Service. Arranged and pre-meditated booked services, determined to artificially improve a Service Provider’s or an App User’s Star Rating, or which in any manner abuse of the MyHurryApp’s Review Rating System, can result in removal of the relevant reviews as well as permanent removal of the relevant App User or Service Provider account, as applicable. We also reserve the right to adjust, refuse, or remove reviews at our sole discretion if they violate our T&Cs in any other manner. We will not accept Review Ratings and we may remove these, if they include (amongst others as we deem fit): unauthorised advertising material such as websites or any other contact details; illegal, fraudulent, adult-oriented and, or pornographic statements; politically sensitive comments, spam, nonsense, or violent statements; other people's private, confidential and or sensitive financial information or any other information which in any manner infringes or violates anyone else’s rights or the law; or mention of full names (or other personal/confidential information) and personal attack towards the Service Provider or any of its staff.

Visible Comments

We retain a discretionary right to remove any of your comments which are made visible to any other App Users and, or Service Providers, such as when asking for recommendations or when you are recommending if such visible comments on the app include (amongst others as we deem fit): unauthorised advertising material such as websites or any other contact details; illegal, fraudulent, adult-oriented and, or pornographic statements; politically sensitive comments, spam, nonsense, or violent statements; other people's private, confidential and or sensitive financial information or any other information which in any manner infringes or violates anyone else’s rights or the law; or mention of full names (or other personal/confidential information) and personal attack towards the Service Provider or any of its staff.

Disclaimer

You are accessing and, or using the Application at your own risk, and the Application or any of its content is made available to you without any express or implied warranty. We disclaim all responsibility and liability for any images or photos you may upload on the Application. You, as the App User hereby warrant that your upload shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and that your upload does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by us at any time and without prior notice. To the extent permitted by law, neither we nor any of our employees, representatives, officers, or any other affiliates, as well as anyone else involved in the creation, promotion, sponsorship or otherwise making available of the Application and its contents will be held accountable, liable or responsible for any punitive, direct, indirect, special or consequential loss or damages, including but not solely limited to any personal and, or emotional injury, pain or suffering, death or any other loss including any loss of production, loss of profit, loss of savings, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, arising out of or in connection with (amongst others) on the one hand the use, or on the other hand the inability to use our Application resulting inter alia from any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our Application or otherwise (- in fact we cannot guarantee the continuous and uninterrupted service of the Application at all times), and, or caused by tort, negligence, or contractual breach, or inaccuracy relating to the information provided by the Service Provider as made available on our Application or any services rendered or offered by the Service Provider. If the Service Provider has charged for the Service, you agree and acknowledge that the Service Provider is at all times responsible to ensure that the relevant tax due is paid.

Intellectual Property Rights

Unless stated otherwise, the software created, designed, implemented, tested and used on our Application and all related intellectual property rights thereof, including the appearance of the Application (as well as the relevant infrastructure), and all information or material made available our Application are owned by us (or by the Service Providers as applicable) and any claim of ours for any breach of any of our rights will be brought forward before the competent courts and tribunals in Malta. You will not in any manner access, view, manage, amend, copy, decompile or extract our source code.

Miscellaneous

To the extent permitted by law, these T&Cs shall be governed by and construed in accordance with Maltese law and any dispute arising out of these general T&Cs shall exclusively be submitted to the competent courts and tribunals in Malta. If any provision of these T&Cs is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions. Any section headings found in these T&Cs is for convenience only and shall not in any manner limit the intended scope of any part of these T&Cs.

Privacy Policy

A separate document entitled Privacy Policy contains the relevant privacy policies we follow which affect both App Users and Service Providers. We ask you that you read this document before registering for any account with us. We understand that if you register an account with us, and use and, or access the Application, you are thereby accepting the Privacy Policy.

 

Business Terms

Last Updated: 27 Sep 2018

Welcome to MyHurryApp, the innovative Application where App Users can browse different Service Providers, and after registering with us, they can immediately contact various Service Providers with just one click.

All relevant Service Providers will immediately receive a real-time notification of a request for Service and following acceptance from a Service Provider (or more than one), App Users can directly book the preferred Service Provider within a few minutes, be it a last-minute urgently required service or any other service as necessary. Service Providers can also promote their business and advertise their services, any last-minute availabilities/cancellations or any other special offers.

MyHurryApp thus enables people to access, request or book nearly any Service Provider they need in a few, short moments. Following such booking, a review can be left regarding the experience between the App User and the Service Provider.

MyHurryApp is devoted in maintaining a friendly but professional community. MyHurryApp is available for everyone’s use and we do not tolerate any form of discrimination against anyone. Any form of discrimination may result in the suspension or removal of the relevant App User or Service Provider account.

Definitions

"Us," "we," or "our" refer to MBC Byte Code, an entity existing under the laws of the Malta.

"MyHurryApp", the "Application", or the “App”, means the mobile app on which the service you access, accessed, require, required, book, and/or booked from a Service Provider is made available through the platform by MBC Byte Code.

"Service" means any of the various services that can be accessed, required and, or booked by you from the Service Provider/s through the Application.

“You” means the professional business individual or entity who is registered with us to provide a service through the Application.

"Service Provider" can mean you (as applicable) as well as any other professional business individual or entity who is registered with us to provide a service through the Application.

“App User” means any other user/consumer who is accessing and, or using the Application to look up Service Providers and to access, request and or book a Service.

“Review Rating” refers to the star rating (which may also include a comment) which App Users and Service Providers should leave one another after a Service which would have been booked is provided (or not). This star rating may be available next to your business profile name, as follows: 1 Star - Very Bad, 2 Stars - Bad, 3 Stars - OK, 4 Stars - Good, 5 Stars - Very Good.

When an App User sends you a notification of a request for Service, it is requesting a Service. An App User books you as a Service Provider to provide a Service after you would have accepted to offer it the Service (following the App User’s notification of a request for Service).

Introduction to Terms and Conditions

These terms and conditions, apply to access and use (including the registering of any account with us) of the Application, its content, functionalities and, or all services (including those offered by any Service Provider) and made available through any mobile device when using MyHurryApp as well as any website/platform created in connection with the Application. We reserve the unconditional right (unless not otherwise allowed by law), at any time and from time to time, to amend or modify these terms and conditions without having to give any prior notice to you. Such updated terms and conditions would be made available on the Application as soon as reasonably possible. Should any such amendments or modifications constitute a material change (as we may deem) to the terms and conditions, we would notify you through the Application. Whenever you continue to access and, or use the Application in any manner after any such amendments or modifications to the terms and conditions as made available on the Application, you are thereby agreeing to be bound by such updated terms and conditions. We highly encourage you to read and go through the terms and conditions whenever you use the Application. In terms of these terms and conditions, you are contractually bound to deliver the best Service to all App Users, acting in all cases with the necessary due diligence and in a professional manner when making your service available on or through the Application. You are responsible for any inconvenience any App User may suffer as a result of any act or omission, as a result of a requested or booked Service as well as a result of a cancellation of any of your Service or no-show to any appointment as agreed upon through the Application, or any other action, since the App User is your client. We are in no manner responsible nor liable, since the scope of the Application is to facilitate your possibility to be requested and booked to provide a Service in the shortest time possible, and your position vis-à-vis a client (the App User) as a business lies only with the App User and not with us. You are therefore providing a Service to the client (App User) and we make that possible by allowing it to access, request and, or book you as a Service Provider through our Application. By using the Application and/or by inter alia, accepting to provide a Service or by promoting any special offers or last-minute availabilities or sending out any real-time notifications of any last-minute availabilities through our Application, you acknowledge and agree to have read, understood, and agreed to the terms and conditions set out below. If you are using and, or accessing the Application on behalf of a company, entity or employer, you hereby represent and warrant that you are authorised to bind such company, entity or employer and yourself by these terms and conditions. If you do not agree with these terms and conditions or any amendments or modifications to them, you must not access or in any manner use the Application. By accessing and, or using the Application as indicated hereinabove, you acknowledge and agree to have also read, understood, and agreed to our Privacy Policy. When promoting in any manner on our Application, such as when promoting a last-minute availability or any special offer, you cannot advertise any service which may be deemed as direct competition to the service we offer, that is an immediate and real-time communication and online booking system. By accepting these terms and conditions you accept that we may remove any promotion of yours which is in direct competition to us, and this in our sole discretion.

Service Provider Account Registration

We will not allow any Service Provider account registration details which include (amongst others as we deem fit): any false information such as any fake identification / personal information both if you are creating an account for yourself as well as if you are creating an account for someone else without their authorisation and, or permission; illegal, fraudulent, adult-oriented and, or pornographic statements; politically sensitive comments, spam, nonsense, or violent statements; other people's private and confidential information.

We also will not allow any Service Provider account registration, if you are under 16 years of age. By accessing, and or, using this Application, you represent and warrant that you are 16 years of age or older and that you are willing to form a binding contract with us or the App Users (as applicable) and meet all of the foregoing eligibility requirements as necessary. If you do not meet all of these requirements, you must not access or use the Application.

We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address, or any other inaccurate or wrong data you provide us. Any Service Provider accounts that are removed following a violation of any part of the terms and conditions (including intentional creation and registration of accounts) which go against our terms and conditions, may be temporarily (suspended) or permanently removed.

We are not responsible or liable for any loss of rights in this regard, including any lost goodwill or other loss of financial rights.

If a Service Provider account is suspended, it may not be eligible for restoration at any point in time and this at our discretion. Additionally, no Service Provider account may be assigned or in any manner transferred without our permission in writing first. When registering your Service Provider account, you shall choose the relevant category under which your business falls. You can then select up to three sub-categories. By way of example, if your business is a beauty salon, where you offer hair, beauty and nail services, you would select the Beauty & Well-Being category. You will then opt to choose the Beautician, Nail Technician and Hairdresser sub-categories. Your business will appear under any of those sub-categories whenever an App User is looking for any such business.

We reserve the right to change, modify or merge any categories or sub-categories at any time. Of course, this not affect your rights and your business will always be visible to App Users. Should we ever do change, modify or merge any categories or sub-categories, we would only do this so that the relevant businesses are better exposed and publicised.

Scope & Nature of the Application

Through the Application and following a Service Provider/business account registration, in your professional conduct of business, you can advertise, market, promote, offer and, or be booked as a Service Provider. Information on your business such as your business website, address and, or opening hours as you deem necessary can be visible to all App Users as well.

As a Service Provider, you are not an employee, representative, officer, or any other affiliate, of ours. Moreover, we do not own, create, offer, or provide any Service of yours made available through the Application as may be needed.

Throughout your use of the Application, we act solely as an intermediary between you and the App Users, where the latter look for a Service Provider who can provide them a Service and book the Service Provider, all the while transmitting through the Application: 1) the App User’s notification of a request for Service with relevant details (that is, the App User’s name and surname, their request message with as many details as possible on the required Service and your Application profile picture) to the relevant Service Providers; 2) a notification of the acceptance or rejection of the requested Service by the Service Provider/s as applicable; and 3) when a Service is accepted by the Service Provider and subsequently booked by the App User, the booking for a Service Provider with relevant details (that is, the App User’s name and surname, their request message and their Application profile picture) to the booked Service Provider.

At our sole discretion, we can remove a request for a Service if it violates our T&Cs such as if it includes (amongst other terms as we deem fit): unauthorised advertising material such as websites or any other contact details; illegal, fraudulent, adult-oriented and, or pornographic requests or statements; politically sensitive comments, spam, nonsense, or violent requests or statements; other people's private, confidential and or sensitive financial information or any other information which in any manner infringes or violates anyone else’s rights or the law.

By being booked as a Service Provider through the Application, you enter into a direct and legally binding contractual relationship with the App User which would have booked you.

Whenever you are advertising, and, or offer your Service on the Application (including any last-minute availabilities following a cancellation or any special offers) you are being given access to the Application’s system through which you are fully responsible for all information displayed on the Application. First of all, you are bound to provide what you offer on the Application. Additionally, we are not responsible for the information you display on the Application since this would have been uploaded by you and as a result we never guarantee that all information shown on the Application is legal, accurate, true, complete, or correct, or free from any copyright or trademark infringement (or any other infringement or violation of law), nor can we be held accountable or responsible for any errors whether manifest or otherwise, as well as any inaccurate, misleading, or false information or lack thereof. As a Service Provider, you remain responsible at all times for the accuracy, completeness, and correctness of the uploaded information which is being displayed on our Application.  We also retain the right to block you from promoting any special offers or last minute availabilities of the promotion pattern adopted by you if we deem such as to spam other App Users and to be abusive in nature.

Our Application is not and should in no circumstance be regarded as a recommendation or endorsement of any form of quality, service level, qualification, or rating of you as a Service Provider (or its services). Your rating as a Service Provider is a result of the Review Ratings given by other App Users who would have rated you following their experience with you. It is your sole responsibility to ensure that there is full compliance with any laws or regulations as well as the due possession of any licence as may be necessary, when providing a Service.

Moreover, when charging for a Service, you agree and acknowledge that you are at all times responsible to ensure that the relevant tax due is paid.

Correspondence and Communication

As a Service Provider, you can never initiate direct communication with any App user through the Application Inbox view. You can however communicate with an App User, after it would have initiated communication with you through the Application Inbox View. If an App User requests a Service and you receive its notification of a request for Service, you can initiate communication with the App User through that particular Request Details chat functionality. Any harassment, rude, abusive, improper language, or violent messaging, or any other means of messaging which is intended amongst others, to derive any unfair advantage out of the Application or to unfairly impact, defame or in any manner harass any App User or Service Provider will not be tolerated. Should inter alia any of the above cases occur, we ask you to get in touch with us on: info@myhurryapp.com. If we are satisfied of the claims brought forward, we can suspend or remove the relevant App User account or your Service Provider account if you are in breach of our terms and conditions as provided hereinabove in this paragraph.

Moreover, whenever any App User communicates with you and provides you with any data, you are responsible to ensure that the App User’s rights at law are being safeguarded and protected.

Placed Booking

If a booking is placed with you, you are entitled to the provide the Service to the App User. Although when a booking is placed, you will receive a unique booking number and a notification and, or email regarding the placed booking, as well as an entry in your Appointments view in the Application, we strongly suggest that you take screenshots when a booking is placed to support your position (if need be). As a result, we do not uphold any claim or complaint against any App User. We act solely as an intermediary between you and the App User, where it finds a Service Provider who can provide it a Service, you accept to provide the same Service through the Application, and the App User subsequently books you. Any claims or complaints are to be directed towards the App User as it is your client and not ours.

Price and Service

We do not charge you and, or we are not paid any commission from you when an App User books you as a Service Provider through our Application. As a result, the price of a Service is entirely in your discretion and your sole responsibility. The App User will pay you directly for any Service you offer it. As a general rule, whenever you receive a request for a Service, you must prior to accepting such request, quote the price for your Service. The App User should provide as much detail as possible when requesting a Service and you may message the App User prior to accepting to provide a service requesting more information, if this has not been provided to you. It is your responsibility to ensure that you have understood what the App User requires so that you are in a good position to advise a price for Service. This will avoid any disputes which may arise in the future. Should there be any conditions which relate to the Service that you will be offering, you are obliged to disclose these prior to accepting to provide a Service. Moreover, if you have any separate terms and conditions, by which the App User would be bound, you must disclose these to the App User.

Service Providers’ Terms and Conditions as well as Cancellations and No-Show/Late Show

If an App User want to review, adjust or in any manner cancel the booked Service, at your own discretion you may uphold its request. We recommend that as much as reasonably possible and in so far as not costly to you, you should as much as possible try to uphold the App User’s request so as to avoid any disputes that may arise and which could also affect your Review Rating. If an App User is late for the Service, you may not provide the Service. Once again, we recommend that as much as possible you still try to accommodate the App User. You are free to leave the App User a Review Rating as you deem fit in any circumstance, just as it can leave you a Review Rating. The same may apply if the App User does not show up for the appointment. Please bear in mind we are never responsible for any late or no-shows of an appointment. Such matters are to be settled directly with the App User who is your client. As previously re-iterated, the scope of our service is to facilitate the immediate and prompt communication between you and the App Users so that a booking can be immediately booked.

Review Ratings

The next calendar day, following the day when the Service was scheduled to be provided, you will be required to submit a Review Rating on the App User (the App User will also be required to submit a Review Rating on you). This allows you and other Service Providers to express yourselves on your experience with an App User following the Service offered (or not offered) as well as determine and discover the App Users’ reputation on the Application. This should shed light on who you are dealing with and allow you to determine any frivolous or vexatious App Users who do not turn up for appointments, etc. It is your responsibility to read Review Ratings which would have been submitted by other Service Providers with regard to any App User as well as to submit Review Ratings which are honest, transparent and which will help out other Service Providers like you. We do not pay you or in any way offer you a commission if you submit a Review Rating. Review Ratings are intended for the sole benefit of the Service Providers as indicated hereinabove. All Review Ratings must supersede an authentic booked Service. Arranged and pre-meditated booked services, determined to artificially improve a Service Provider’s or an App User’s Star Rating, or which in any manner abuse of the MyHurryApp’s Review Rating System, can result in removal of the relevant reviews as well as permanent removal of the relevant App User or Service Provider account, as applicable. We also reserve the right to adjust, refuse, or remove reviews at our sole discretion if they violate our terms and conditions in any other manner. We will not accept Review Ratings and we may remove these, if they include (amongst others as we deem fit): unauthorised advertising material such as websites or any other contact details; illegal, fraudulent, adult-oriented and, or pornographic statements; politically sensitive comments, spam, nonsense, or violent statements; other people's private, confidential and or sensitive financial information or any other information which in any manner infringes or violates anyone else’s rights or the law; or mention of full names (or other personal/confidential information) and personal attack towards the Service Provider or any of its staff.

Packages

We offer 4 different packages to you as a Service Provider.

You can either opt for the Bronze package, the Silver package, the Gold package or the Platinum package. Each package membership provides different benefits at a different price (which price is inclusive of VAT), which prices are subject to live and current exchange rates. You are free to browse these packages and choose your package before and when registering your Service Provider account with us. When registering your Service Provider account with us and choosing your applicable package membership, payment will be processed directly by Apple or Google entities from App Store or Google Play stores respectively using in-app purchase functionalities.  We do not in any manner process your payment and we hold no responsibilities in this regard.  You pay Apple or Google entities directly. Whenever you accept to provide a Service through the Application and you are eventually booked to provide the Service, you are obliged to provide the Service, even if your package membership would have expired between the date of the placed booking and the date when the Service would in practice have to be actually effected. We reserve the right to change the price of any package membership at any time. If we change the price of a package membership during an existing package membership of yours, the price will not affect you. However, when renewing (should you decide to opt for a renewal), you would have to renew any of the package memberships, at the existing price on the date of renewal which might be a revised price. Please be also aware of your rights at law: you are entitled to a 14-day withdrawal period from when you register your account with us, during which time you are entitled to request a full refund if you wish to cancel your package membership with us. Naturally, in order for you to be able to decide whether the Application is beneficial to your business or not, you need to start benefiting from our service straightaway, i.e. during this 14-day withdrawal period, so that during such period your business profile can be visible to all App Users, who can in turn view your business information and request your service. If we do not commence to provide you with our service straight away, that is during the 14-day withdrawal period you are not available for other App Users to view and book you, in practice you would not be able to make an informed decision as to whether the Application has been beneficial to your business or not. As a result, you are hereby requesting that you begin to benefit from our service straight away so that you may be available to all App Users for viewing and booking also during the withdrawal period. You are aware and are hereby confirming that you understand that this express request of yours to benefit from our services during the 14-day withdrawal period, in practice means that you are no longer entitled to a full refund if you decide to cancel your package membership during this said withdrawal period and we are entitled to maintain the cost of 1 month of the applicable package membership you have opted for, to cover our administrative costs for having included you in our database.

Privacy Policy

A separate document entitled Privacy Policy contains the relevant privacy policies we follow which effect both App Users and Service Providers. We ask you that you read this document before registering for any account with us. We understand that if you register an account with us, and use and, or access the Application, you are thereby accepting the Privacy Policy. However, with regard to your account with us as a Service Provider, please additionally note we can view the packages you would have opted for throughout all the time you would have used and, or accessed the Application. We can also view all renewals of packages effected from your end since these records are maintained in our database. This retention of data is done so that from our end we can advise you better whenever you have any difficulty or query whenever you are using our Application. We can also monitor your renewals and advise which package best suits your business needs. Of course, this is a recommendation which you are free not to follow. Moreover, App Users can recommend you as a Service Provider whenever other App Users are asking for recommendations.

Disclaimer

You are accessing and, or using the Application at your own risk, and the Application or any of its content is made available to you without any express or implied warranty. We disclaim all responsibility and liability for any images or photos you may upload on the Application. You, as the Service Provider hereby warrant that your upload shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and that your upload does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by us at any time and without prior notice. To the extent permitted by law, neither we nor any of our employees, representatives, officers, or any other affiliates, as well as anyone else involved in the creation, promotion, sponsorship or otherwise making available of the Application and its contents will be held accountable, liable or responsible for any punitive, direct, indirect, special or consequential loss or damages, including but not solely limited to any personal and, or emotional injury, pain or suffering, death or any other loss including any loss of production, loss of profit, loss of savings, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, arising out of or in connection with (amongst others) on the one hand the use, or on the other hand the inability to use our Application (resulting inter alia from any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our Application or otherwise - in fact we cannot guarantee the continuous and uninterrupted service of the Application at all times), and, or caused by tort, negligence, or contractual breach, or inaccuracy relating to the information provided by the Service Provider as made available on our Application or any services rendered or offered by the Service Provider.

Intellectual Property Rights

Unless stated otherwise, the software created, designed, implemented, tested and used on our Application and all related intellectual property rights thereof, including the appearance of the Application (as well as the relevant infrastructure), and all information or material made available our Application are owned by us and any claim of ours for any breach of any of our rights will be brought forward before the competent courts and tribunals in Malta. You will not in any manner access, view, manage, amend, copy, decompile or extract our source code. Miscellaneous To the extent permitted by law, these terms and conditions shall be governed by and construed in accordance with Maltese law and any dispute arising out of these general terms and conditions shall exclusively be submitted to the competent courts and tribunals in Malta. If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions. Any section headings found in these terms and conditions is for convenience only and shall not in any manner limit the intended scope of any part of these terms and conditions.

Conclusion of B2B terms and conditions

Our consumer relationship with the App Users is governed by a set of terms and conditions (hereinafter the “T&Cs”) which regulate our relationship with them. Please be aware, that when registering for an account with us, you are not only registering as a Service Provider/business account, but also as an App User/consumer account where applicable. Thus, whenever you are accessing, and or using the Application not in your business capacity as a Service Provider but in your personal capacity as an App User, the T&Cs which regulate our App Users will also apply to you.