Terms and Conditions
Terms and Conditions
1. Reservation Confirmation: The service reservation will be considered confirmed once the corresponding payment is made and confirmation is received from SPAPPCO.
2. Cancellation Policy:
- Cancellations made with less than 3 hours' notice will incur a penalty of $55,000.
- Cancellations made with less than 1 hour's notice will incur a penalty of $100,000.
- Once our staff is present at your location, no refunds will be issued in case of cancellation.
3. Reservation Modifications: Schedule modifications made with less than 1 hour's notice will have an additional charge of $15,000 and are subject to availability.
4. Space Adequacy: The patient must ensure to provide a suitable and safe space for the service. None of our services are performed on the bed unless there is a special condition that requires it.
5. Medical Conditions: The customer must inform SPAPPCO of any relevant medical conditions, allergies, or previous injuries that may affect the service or the use of certain products or techniques.
6. Proper Behavior: Clients are expected to maintain respectful and appropriate behavior during the spa session, following the therapist's instructions and respecting established boundaries.
7. Liability: SPAPPCO is not responsible for any injury, damage, or loss of personal belongings during the service unless caused by the direct negligence of SPAPPCO staff.
8. Payment: Payment for the service will be made according to the options offered by SPAPPCO, whether by electronic transfer, payment link, or other accepted forms of payment.
9. In the event of requesting a payment reversal, it will be processed to the same payment method used for the purchase or, if a different method was accepted, it will be returned as indicated, whenever possible.
10. SPAPPCO does not provide therapies scheduled for minors.
11. If a service is requested for a minor, the presence and constant supervision of parents or legal guardians will be required throughout the service. SPAPPCO is not responsible for the care of minors without the presence of their parents or legal guardians.
Remunerated Mandate Agreement entered into through electronic means: An agreement of wills between the Consumer and the Agent, through which the Consumer, via the Platform, requests the provision of a service or the execution of a task by the Agent. The latter undertakes to provide said service or fulfill the task at their own risk, in exchange for receiving remuneration as compensation.
Interaction on the Platform: The Consumers' right to access, review products and services exhibited by the OPERATOR, available advertising on the Platform, and express their intention to request a service or task.
Legal Age: A natural person above eighteen (18) years of age.
Text Messages (SMS): All communications and/or notifications sent by Colombian Buddy via text message (SMS) will be sent from the number +573194288360. Additionally, SPAPPCO may communicate with the user through other channels such as WhatsApp, email, and any other user access medium, provided the user has shared the information with SPAPPCO through prior authorization to the Personal Data Treatment Policy. SPAPPCO will be solely responsible for communications and/or notifications sent from this number and/or additional channels established for this purpose. SPAPPCO will not be responsible to the user or third parties for messages and communications sent from channels that SPAPPCO does not recognize as its own.
Payment Gateway: A service allowing Consumers to make payments directly to the Agents through electronic means using technological platforms (software).
The Platform: A web and/or mobile application managed by the OPERATOR, enabling the convergence of Consumers and Agents so that, through mandate contracts, the Consumer can request the provision of a service or the execution of a task.
Advertising: Any form of communication carried out by the OPERATOR to provide information about products, services, commercial activities, and communicate advertising or marketing strategies or campaigns, whether its own or third-party; conducted as a reference mechanism and not as a public offer.
Product: Consumer goods exhibited through the Platform.
Service: Services showcased through the Platform such as massage services, aesthetic services, physical training, coaching, physical rehabilitation services, and any other services available through it.
Therapist: A third party, with professional, technical, or empirical training as applicable, providing services requested by the Consumer.
Terms and Conditions of Platform Use: These constitute the terms that govern the use Consumers make of the Platform, as well as the contractual relationships that may arise between Consumers and Agents.
Pop-Ups: Internet window or notice that automatically appears at any time when using the Platform, especially used for the formalization of the mandate contract between Consumers and Agents.
OBJECT
These terms and conditions govern the usage authorization granted by the Operator to Consumers, allowing them to access the virtual platform, obtain information about displayed consumer products and services, be used as a reference, and request the provision of a service or execution of a task through a mandate contract with the Agent.
The Operator, through the Platform, performs the following actions: i) showcases various consumer products and services for advertising purposes to serve as a reference for Consumers, ii) facilitates the connection between Consumers and Agents for the formation of a contractual relationship, iii) enables the use of the payment platform, and iv) serves as a means of communication between Consumers and Agents.
The contractual relationship between Consumers and Agents is established with Consumers located within the national territory or, if abroad, those who request the provision of a service or the execution of a task that must be performed within Colombian territory. Payment is made through the electronic payment system via bank transfer, the electronic platform used, or in cash upon receipt of the products or services, at the discretion of the Consumer.
Through the Platform, products and services are showcased, and the purchasing process is entrusted by Consumers to Agents. The Consumers aim to meet a private, personal, or family need, with no intention of engaging in commercialization, resale, or any other type of commercial transaction or interest with the purchased products or services.
TECHNOLOGICAL PLATFORM FOR USE
It is a platform that allows free usage through various means, namely: i) https://spapp.co/, and ii) an application that can be downloaded on mobile devices through a link sent by the company, hereinafter collectively referred to as "The Platform." Consumers may use The Platform exclusively for personal use, without implying the granting of any type of license for the platform's technology.
MODIFICATION
The Operator may autonomously modify, at any time, the formal, procedural, or substantial aspects of these Terms and Conditions of Platform Use. The updated version will be made available to Consumers on The Platform, with the latest published version governing commercial relationships generated at the time of the transaction. Likewise, the Operator has full autonomy to modify the uses of The Platform allowed for Consumers, with the sole obligation to inform through a virtual means enabling publication and communication to the public.
AGENT
A natural person who accepts to provide the service or fulfill the task requested by the Consumer through The Platform, at their own risk and expense.
USER ACCOUNT
Consumers use the services and products displayed on the Platform as a reference to request the service or purchase mandate. It is a necessary condition to provide data such as name, identification document, date of birth, phone number, address, and email address. Having more than one (1) account related to any of the aforementioned data is prohibited. This information is used for the full identification of individuals intending to request the service or mandate from the Agent and thereby acquire the products or services. It is utilized for compliance with these terms and conditions, fraud prevention, linking the Consumer with the Agent, and generally for the purposes defined in the information management section.
Consumers, if they have accounts on the social networks Facebook and Google+, may create their user account using the credentials defined there.
Consumers may voluntarily provide additional data related to their identification when creating their own profile within the Platform, in addition to the mandatory and optional information required at the time of account creation.
The use of accounts is personal and non-transferable; therefore, Consumers are not authorized to transfer the validation data for access to the Platform or the use of their account to any third parties. Failure to comply with this will result in the suspension and permanent blocking of the account (including email and personal identification number). In the event of forgetting validation data or their unauthorized use, it is the Consumer's obligation to inform the Operator through the "forgot your password" option or through communication sent to the email spappco@gmail.com. User accounts will be managed by the Operator or the person designated by them, having full authority to retain or not retain the account when the information provided by Consumers is not truthful, complete, or secure, or when there is a breach of Consumer obligations. At no time will the Operator request information from the Consumer that is NOT necessary for their connection with the Agent and for facilitating payment. Therefore, debit or credit card information will only be requested at the time of making a virtual payment if that is the payment method desired by the Consumer.
By creating the User Account, Consumers are expressing their explicit and unequivocal acceptance of these Terms and Conditions of Platform Use, as well as the Personal Data Processing Policy of Colombian Quest SAS - Colombian Buddy.
Paragraph: The Consumer expressly authorizes, at the time of accepting these Terms, the use of Cookies by the Operator in all activities they perform on the Platform.
CAPACITY
It is clear to the Consumer that the contractual relationship that may arise from the use of the Platform does not in any way involve the Operator. This is because the contractual relationship will be directly with the Agent and will consist of a remunerated mandate contract executed through electronic means, where the Consumer is the principal.
In accordance with the legal capacity conditions established in the Colombian Civil Code and the validity of the expression of will through electronic means established in Law 527 of 1999, Consumers, at the time of creating the User Account, expressly declare to have the capacity to enter into the type of transactions that can be carried out using the Platform. Based on the provisions of Law 1098 of 2006 of the Republic of Colombia, minors have the capacity to enter into such transactions; however, the Operator must: i) Exclude from the information system the data of minors who have used the Platform; ii) Report to the authorities any situation that endangers the integrity of a minor, of which it becomes aware; iii) Inform interested minors who wish to acquire services or products through the Platform using electronic payment methods that they must carry out the electronic economic transaction through their parents or legal representatives, following their registration on the platform.
SERVICE DESCRIPTION
The Operator showcases through the Platform consumer services or products such as massage services, aesthetic services, physical training, coaching, physical rehabilitation services, among others, which are available for Consumers for their general knowledge. This presentation of products and services serves as a reference for Consumers for the purchase mandate, using the Platform as a means to request a service or the management of a purchase mandate, thereby entering into a remunerated mandate contract with the Agent.
For the service request or purchase mandate management process, Consumers must be fully identified and follow the following procedure:
a) Provide the address on the platform to determine the products or services available in this area.
b) Select the delivery location for the product or the provision of the service. The Consumer must provide the exact address where the service will be provided or the selected product(s) will be delivered. This address must be within the delivery coverage range or the service area. If it is not within this range, the completion of the transaction will not be allowed.
c) Select the product or service. Once selected, the characteristics and total value of the product or service are made available to the Consumer through photographs and reference notes, allowing for the complete identification of the product or service for the Consumer's detailed analysis.
d) Validation of the product or service. After completing the previous step, the Operator must display to the Consumer a summary of the product or service, including its general conditions such as features, purpose, techniques, prices, time, brand, and provided presentation. This way, the Consumer can validate and confirm the information and the selected product or service.
e) Adding the product or service to the shopping cart or requesting the product or service. This entry corresponds to the unequivocal will of the Consumer to request the management of an order consisting of acquiring a specific product or service, as it has been sufficiently informed about its characteristics, with the option to acquire it or not. The Operator has complete autonomy to limit the entry of products or services into the shopping cart based on quantity.
f) Value. Once the preceding steps have been completed, the Consumer is provided with the amount to pay for the service or the management of the order requested, consisting of the purchase of the selected products or services. This value reflects: i) remuneration for the mandate (home delivery service fee); ii) the amount to be reimbursed for the management, which is itemized unitarily and collectively for all products and services whose acquisition was requested. The refundable amount corresponds to the total value of the products or services purchased, including all transaction costs.
g) Payment. The Consumer is required to make a 100% payment before the service is provided, and this can be done through virtual platforms or bank transfer. The order/purchase is considered finalized and completed once the Mandatary provides the service to the Consumer, ensuring that the service is processed and completed.
h) Payment Method. The Consumer needs to choose the preferred payment method, which includes electronic payment through platforms such as EPAYCO, CAJERO, or PAYPAL. iii) The user is obligated to verify each credit/debit card registered within their account on the virtual platform following the stipulated procedure available therein.
i) Registration. The User (Consumer) must create their personal account, providing the personal data for identification (though not individualization) and the data required for payment through the payment platforms in case of opting for credit card payments.
j) Summary and Email. Once the preceding steps are completed, an email is sent to the Consumer with the complete information about the Mandatary who has accepted to provide the requested service, thus entering into the mandate contract. This summary will be sent by email to the Consumer with detailed information.
k) Service Summary. In any case, whether payment is made in cash, by transfer, or through the payment gateway, a summary of the requested order, including transaction details, will be sent via email. SPAPPCO does not issue invoices as it is only a virtual platform that does not directly trade products or services, given that the services are provided directly by the Mandatary. Thus, if an invoice for the contracted services is required, the user must inform the Mandatary, either through the virtual platform chat or by phone, expressing the desire to receive the invoice for the services. SPAPPCO is not responsible for the delivery of invoices, and the user must communicate directly with the Mandatary, as they are the one providing the service requested by the Consumer.
l) Service Provision. Once all transaction details and the service coverage area are verified, the Mandatary will perform the service at the provided address within the defined timeframe at the end of the transaction. If the service cannot be performed for reasons attributable to the Consumer, the Mandatary must make a record of this fact.
Paragraph. The perfection of the mandate contract concluded by electronic means occurs at the moment when the Mandatary completes the provision of the service to the Consumer.
DUTIES OF THE CONSUMER
By accepting these terms, the Consumer undertakes to: (1) Provide truthful and accurate information when requesting the service; (2) Refrain from transferring validation data to third parties; (3) Refrain from using the Platform to engage in acts contrary to morality, law, public order, and good customs against the Operator, the Mandataries, or third parties; (4) Timely pay the Mandatary the economic consideration defined in the mandate contract; (5) Immediately inform the Operator in case of forgotten or usurped validation data; (6) Refrain from engaging in conduct that undermines the functioning of the Platform; (7) Refrain from impersonating the identity of other Consumers; (8) Refrain from decrypting, decompiling, or disassembling any element of the Platform or any of its parts; (9) Enable the use of pop-ups during the operation; (10) In general, all those behaviors necessary for the execution of the legal transaction, such as i) accepting the provision of the service, ii) displaying identification in the case of restricted services for adults, iii) verifying at the time of validation that the selected services correspond to those needed, iv) informing oneself about the characteristics of the requested service.
DUTIES OF THE CONSUMER WHEN HIRING SERVICES FROM SPAPPCO
By accepting these terms, the Consumer undertakes to: (1) Fully comply with biosafety protocols, both those established in Resolution 666 of 2020 and those proposed by the company for therapists and businesses acting as Mandataries. (2) Inform the company if they have tested positive for COVID-19 in the last 20 days or have had contact with a person who has contracted the disease, as well as report if they or the people they live with have any symptoms associated with this disease. (3) Inform SpappCo in case of presenting any symptoms associated with COVID-19 or testing positive within 14 days following the service provision. (4) Be respectful to the Mandatary, limiting the provision of services to those contracted by them.
DUTIES OF THE OPERATOR
In accordance with these terms, the Operator undertakes to: (1) Provide accurate, reliable, sufficient, clear, and up-to-date information regarding the services and products displayed; (2) Specify the general characteristics of the service to serve as a reference for Consumers, including brand and presentation; (3) Sufficiently inform about the means enabled for Consumers to make payments; (4) Provide, at the appropriate time and with sufficient information, the details of the Mandataries with whom Consumers will enter into the mandate contract; (5) Send a summary of the service or order and proof of the transaction to the email provided by the Consumer; (6) Make the terms and conditions of the Platform available to Consumers in an updated manner; (7) Use the information only for the purposes established in these terms; (8) Employ information and validation mechanisms during the transaction, such as pop-ups, allowing the Consumer to accept or reject each step of the purchase process; (9) Inform the consumer if a therapist who provided a service tests positive for COVID-19 or exhibits symptoms within 14 days following the service.
PRODUCTS AND SERVICES DESCRIPTION
The services displayed by the Operator include the hiring of massage services, aesthetic services, training, coaching, and physical rehabilitation services, explicitly excluding any sexual activities or those related to the consumption and trafficking of narcotics, among others. All services have a general description provided by the Operator based on legal display practices. However, it depends on the device the Consumer uses to view the product. The availability will be determined in each specific case at the moment it is communicated to potential Mandataries for service acceptance.
During the execution of the mandate contract, the Consumer will determine the action the Mandatary should take in case of issues with the service provision, including: (i) Fulfill the service, excluding services that cannot be fully provided. In this case, the value of the excluded service will be deducted from the total order value. If only one service is ordered, and no one is available to perform it, the Consumer must choose between canceling the order or fulfilling it with a substitute or similar service in price and type; (ii) Communicate with the Consumer to arrange fulfillment with a substitute product or service; and (iii) Authorize the Mandatary to provide a similar or substitute service.
It is clear to the consumer that the Operator does not provide services but operates solely as a technological platform facilitating the connection between Consumers and Mandataries for the hiring of massage services, aesthetic services, training, coaching, and physical rehabilitation services.
The restricted services for individuals over 18 years of age can only be performed by the Mandatary when the Consumer or consumers are of legal age, and they expressly state this status when requesting the service. If this obligation is not met, the Mandatary will not provide the service, and in the event of having paid for the service, the Consumer must request a refund. In the case of having requested, along with restricted services or restricted-use products, others of different quality, and the obligation described here is not fulfilled, the same legal consequences defined here will apply, but only in relation to the restricted services and restricted-use products.
In the event of technological errors leading to the display of incorrect prices for services on the Platform, which are evidently disproportionate compared to the market price, the Operator may cancel the order(s) for services or products with such prices at its discretion and with full autonomy.
The Operator reserves the right to update, modify, and/or discontinue the services and products displayed on the Platform.
GARANTY
The Consumer understands and accepts that the legal mandate relationship is directly established with the Mandataries. Therefore, warranty claims must be directly addressed to the Mandataries, who are obligated to respond for the service provided. The Consumer also understands and accepts that, in the case of services provided by the Mandatary, they perform the service in good faith, complying with all ethical and moral norms of Colombian law, as well as adhering to all biosecurity protocols required by the national government and proposed by the SpappCo platform for its therapists. However, as human beings, therapists are not exempt from contracting diseases such as COVID-19. For this reason, the Consumer fully exempts both the therapist and the operator from any responsibility in case of contracting any type of disease, such as COVID-19.
FINAL CONSIDERATIONS
CONTENTS
Through the Platform, the Operator may provide Consumers with commercial and advertising information, either its own or from third parties, in accordance with good commercial practices. In these cases, the Operator does not endorse, guarantee, or assume responsibility for the services and/or products marketed by these third parties, as the Platform serves as a communication and advertising channel, not as a tool for service provision. Consequently, it is the full responsibility of Consumers to access the sites referred to in the advertising, assuming the obligation to verify and understand the terms of the services offered by third parties.
All information made available on the Platform, such as images, advertising, names, trademarks, slogans, and other elements of intellectual property, is legitimately used by the Operator, either because it owns them, has authorization to make them available, or is authorized to do so under Decision 351 of 1993 and Decision 486 of 2000 of the Andean Community and Law 23 of 1982.
OPERATION OF THE PLATFORM
The Operator directly manages or oversees the Platform through third parties. All the information communicated there corresponds to accurate and up-to-date information. In no case will it be liable for direct or indirect damages suffered by the Consumer due to the use or inability to use the Platform.
The platform is available 24 hours a day for access and consultation. For transaction purposes, the Platform is available 24 hours a day, depending on the availability of the Mandataries. The Operator makes the best efforts to keep the Platform operational, but it does not guarantee permanent availability and continuity of the Platform.
The Operator reserves the right to cancel user accounts and/or prohibit access to the Platform for Consumers who engage in conduct violating these terms or failing to meet the contracted obligations.
RIGHT OF WITHDRAWAL FOR THERAPISTS
Colombian Quest SAS - SpappCo does not directly market services to Consumers. SpappCo solely serves as a contact portal between Consumers and providers of goods and services. Services such as massages, coaching, physical rehabilitation, aesthetics, etc., are provided by third parties (Mandators).
PAYMENT REVERSAL
In the event of requesting a payment reversal, it will be processed through the same payment method used for the purchase. If an alternative method has been accepted, the refund will be issued accordingly, provided it is feasible. If the payment was made with a credit card, the reversal may take up to thirty (30) business days after the request, depending on the Consumer's banking institution. For cash payments, the refund will be transferred to the savings or checking account specified by the Consumer within thirty (30) days.
ELECTRONIC COMMERCE
In compliance with Colombian regulations on data messages according to Law 527 of 1999, it is hereby communicated that national legislation recognizes the validity of data messages, and as such, they acquire probative character and entity. Consequently, Consumers understand that through the exchange of data messages, the parties involved can give rise to the creation, modification, and termination of obligations, with the exclusive responsibility for the content, consequences, responsibilities, and effects of the generated information lying with them.
The commercial transaction arising through this means between Consumers and Mandataries constitutes the conclusion of a mandate contract through electronic means, as described in the form where the Consumer accepts the conclusion of the legal transaction. At no time does a different contractual relationship, such as supply, distribution, or similar, arise.
INFORMATION HANDLING
The information collected by the Operator for service requests is provided voluntarily and freely by Consumers. This information will be managed by the Operator or by someone designated by the Operator to fulfill the acquired duties, which includes its collection, storage on servers or repositories of the Operator or third parties, circulation within the Operator's organization, and communication to Consumers with commercial, advertising, and marketing information related to its commercial activity.
Additionally, the collected data will be subject to analysis for the purpose of improving the business strategy of the website, supported by business intelligence tools and data mining, which enable acquiring prospective insights for prediction, classification, and segmentation purposes.
Consumers have the right to know, update, modify, and delete personal data existing in the databases associated with the Platform. To exercise this right, they must submit a request for consultation, claim, or deletion to the email address spappco@gmail.com, specifying the modifications to be made and providing supporting documents.
The Operator is responsible for the processing of personal information collected through the website, a responsibility that may be delegated to a third party, acting as the data controller or processor, ensuring contractually appropriate treatment of the information.
SPECIFIC TERMS AND CONDITIONS
Colombian QUEST SAS - SPAPPCO reserves the right to cancel any order generated through its platform in order to prevent any type of fraud. SPAPPCO will carry out the corresponding verifications and cancel the order without prior notice to the user.
DOMICILE AND APPLICABLE LAW
These Terms and Conditions of Platform Use are governed by Colombian law within the Colombian territory, in accordance with its general and sectoral regulations. Their adoption implies the exercise of your free will, and the relationship arising from this document will be governed in all its effects by its content and, in default, by Colombian commercial law.
FULL ACCEPTANCE OF TERMS
The Consumer expressly states to have the legal capacity to use the Platform and to enter into commercial transactions that may arise with the Agents. Likewise, they declare to have provided real, truthful, and reliable information; therefore, they expressly and unequivocally state that they have read, understood, and fully accepted all the situations regulated in this document of Terms and Conditions of Platform Use, committing to the complete fulfillment of the duties, obligations, actions, and omissions expressed herein.
If Consumers from other countries use the Platform to request products and services in Colombia, they fully adhere to the provisions outlined in these terms.