Talentazo’s Terms of
Service
Effective December 18th,
2020
Welcome to Talentazo.ch (hereinafter mentioned
as the “Platform”). Take a look at the multiple event services offered by
service providers (hereinafter mentioned as “Sellers”) on the Platform, but
first, read these Terms of Service (hereinafter mentioned as “Terms”)
carefully. These Terms include information on how to access content, order as an
end consumer (hereinafter mentioned as “Buyer”), and offer services as a Seller.
Every visitor on the Platform (hereinafter mentioned as “User”) should read
these Terms.
Every User should read these Terms and follow
them as well as Talentazo’s Data Privacy Policy. New Buyers or Sellers must read Talentazo’s User Agreement carefully. If any User does not agree to these Terms, Talentazo
advises refraining from using the Platform.
These Terms may change from time to time; any
changes to these Terms will be uploaded on the Platform. All changes are
effective as of the stated “Effective” date. Talentazo takes the continued use
of the Platform as an acceptance of and agreement to be bound by any updates
and changes. These Terms should be checked periodically.
1.
General rights and duties
1.1
Disclaimer
Talentazo is an online marketplace where Buyers
can find event services, and Sellers can offer their event services to
potential Buyers. Talentazo does not operate with a team of Sellers. Every Seller
(Service provider) on the Platform is hired by a Buyer (end consumer) and has a
limited relationship with Talentazo to that of an independent contractor.
Service providers trade in their own name and not in the name of Talentazo.
Service providers are not employees, agents, co-entrepreneurs, or partners of
Talentazo. Therefore, Talentazo cannot guarantee the quality of the services
being offered, nor that a Seller will act in good faith. However, everyone has
the right to report any disagreement. Every Seller has to manage his or her
sales professionally and independently. Talentazo’s role is to facilitate
contact between Sellers and Buyers, but not to be a collection agency. If a Buyer
or a Seller end up in a legal complaint, Talentazo should not be held
responsible for that.
1.2
Eligibility
to use the platform
1.2.1
Registration
of Users on the platform
Talentazo is available for everyone above 18
years old. Everyone can sign up for free to open an account; no membership is
required. Only one account per User is accepted since Buyers can be Sellers
with the same account. Every account is personal and cannot be transferred to
any other party. Talentazo cannot validate every single account. Talentazo has
the right to delete any account at its sole discretion.
1.2.2 Users information
Talentazo
expects that Sellers’ and Buyers’ personal information is correct, up-to-date,
and complete all the time.
Accounts may be closed due to
no use and underperformance.
1.3
Content
1.3.1
Right to generate content
All Users can generate content
on Talentazo (e.g., offers, reviews, and comments). The Platform invites all Users
to report content in case of a violation, unsuitable material, or
inappropriateness. Users should not share misleading, fake, or wrong
information.
1.3.2 Forbidden content and use of the
current one
Talentazo might remove or
modify content that is not following its Terms. Talentazo does not support
sharing the following content:
-
Adult-oriented content nor any
related message
-
Misinformation including, but not
limited to, fake information, misleading claims, pictures, videos, or documents.
-
Low-quality pictures and any
other multimedia content
-
Inappropriate language
-
Spam or violent content
-
Unauthorized URLs
-
Personal and private information
including, but not limited to, confidential information shared between Sellers,
Buyers, and the Platform.
Talentazo is not responsible
for checking if a file is corrupted or has a virus in the chat. Every User is
responsible for running a virus scan.
Users should refrain from
using content, elements, proprietary information, layout, design, logos, and
trademarks on Talentazo without a written permission.
1.3.3 Data Privacy
By
using the Platform, all Users agree that their personal data will be collected,
processed, and stored for the purposes of the User Agreement.
1.4
Orders
and payments
1.4.1
Binding
contract between Sellers and Buyers
After every booking, a binding
contract between a Seller and a Buyer comes into effect. Buyers and Sellers
will receive a receipt (order confirmation) with a detailed description of what
should be provided. To accelerate the communication between buyers and sellers,
Sellers will receive the Buyer’s contact details (e.g., phone number, address,
and e-mail address) and can contact the Buyer through Talentazo’s chat. Talentazo
cannot guarantee the truthfulness and correctness of each offer on the Platform.
1.4.2 Order confirmation details
Once a service is booked, the
order confirmation details cannot be edited and sent via e-mail again. The Seller
and the Buyer can discuss changes to the order (e.g., another delivery date and
time) and agree to different terms, but those will not be added to the official
order confirmation.
1.4.3 Processing payments
Payments on the Platform are
not processed by Talentazo but by PayPal, an independent payment service
provider. Any deposit or pending payment is paid by the Buyer to the Seller
directly. The Platform does not take responsibility for any payment made by the
Buyer to the Seller or vice versa, nor the negotiation carried out between each
Seller and Buyer. Talentazo does not issue invoices to Buyers nor pays VAT.
1.5
Claims
1.5.1
Reports
Every User can report any misconduct on the Platform.
Each claim should be supported with evidence from the Platform. Whenever there is a claim against a Seller or a Buyer,
conversations in the chat will be studied by Talentazo to find out what went
wrong. All Users are invited to sort out disagreements directly.
1.5.2 No-show or non-delivery
Talentazo is not responsible
for any no-show or non-delivery. However, Talentazo’s team can run an internal
investigation with information on the Platform to determine what went wrong. If
necessary, Talentazo can share a Seller’s contact information with the Buyer
(e.g., address and phone number) so that both parties can discuss how to sort
out a disagreement.
1.1.1
Shipment
of physical services
Talentazo does not offer a
shipping guarantee or tracking service and is not responsible for damages from
shipping. If deliverables do not arrive in good shape, Buyers can report this
issue to settle an agreement with the Seller. The Seller is fully responsible
for solving this issue on its own. If the local courier damaged the goods, Sellers
should contact the courier to claim any money back. Talentazo can intervene by
recommending the Seller and the Buyer how to solve this issue but cannot oblige
any party to assume responsibility.
1.1.2
No
refund policy
Talentazo has a no refund policy, which means
that Sellers are not obliged to issue a refund.
1.1.3
Disclaimer
and service’s quality
If the complaint concerns the
service’s quality, it should be handled with the service provider directly.
Any deceitful act against the Platform
has repercussions, from warnings to a permanent suspension and compensation for
damages caused. Every User is solely
responsible for reading these Terms before buying or selling on Talentazo.
Talentazo takes disputes very
seriously and resolves them by following the Swiss law. Disputes in connection
to these terms of service are subject to the jurisdiction of the ordinary
courts in Basel Land.
2. Rights and Duties of Buyers
2.1
Order
information
Buyers are solely responsible
for giving accurate information (e.g., correct delivery address, date, and
time). Buyers can approach Sellers to discuss changes, further details, and
issues related to the order.
2.2
Orders as guest
Users can order a service as guests on the Platform.
Buyers who pay as a guest can track their orders through an automatic account
generated by the Platform, which will be sent via e-mail. Failing to activate
that account could result in future problems for the Buyer, such as not being
able to contact the Seller through the Platform’s chat and not having access to
Talentazo’s order overview.
2.3
Tracking
payments and the delivery of an order
Every Buyer should keep track
of each order and be in direct contact with the Seller. A Buyer is under the
obligation of sending the total payment of the service to the Seller. Any
pending payment should be paid on time. To avoid any disagreements, Buyers
should read each service’s description very carefully before ordering any
service.
2.4
Order cancellations
Orders can be canceled through
the Platform by the Buyer. However, Talentazo cannot guarantee that a Seller
will issue a refund for the payment that has already been made. Such matters
have to be discussed between the Seller and the Buyer.
3.
Rights and Duties of Sellers
3.1
Eligibility
to be a Seller on the platform
All business information
provided in the Seller’s profile should be accurate and up-to-date. Talentazo
is not responsible for updating a Seller’s profile. If a Seller’s business
concept is not in line with Talentazo’s, it will not be allowed on the Platform.
Talentazo decides what Sellers are allowed on the Platform at its sole discretion.
As soon
as a Seller published a service, Talentazo will publish the seller’s picture,
name, description, city, skills, and languages on the Platform. Unless Talentazo has accepted it, no Seller should ask
another person to provide a service on his or her behalf.
3.2
Local
jurisdiction
3.2.1 Disclaimer
Talentazo expects that every Seller
follows the Swiss law and duties as a self-employed person. Every independent
contractor should responsibly deal with legal duties and social benefits,
including pension funds and accident, health, and social insurance.
The Platform offers a variety
of categories where Sellers can promote their services. Every category may have
different requirements and standards. The Seller must make sure that each
service listed on the Platform abides by the local jurisdiction.
3.2.2 Handling food in Switzerland
Talentazo recommends following
Swiss food safety standards when handling food. Every Seller that offers a food
service or product must go to the local food authority to be authorized to sell
food in Switzerland. Every business is
responsible for its local responsibilities and to be compliant with the local Swiss
law.
3.3
Service
eligibility, content, and management
3.3.1 Service description
Whenever a Seller adds a
service on the Platform, Talentazo may run a quick scan to verify if the Seller
understood how the Platform works. It is also expected that each New Listing
has a clear concept in line with the Platform’s. Every service should have a
written explanation of what is included in the offer (e.g., # of hours, # of
items, whether it can be personalized or not, among other helpful details to
understand the service). If the service
includes food or cosmetics, a list of the ingredients or components should be
added. The first ingredients or components to be listed should be the ones used
by the Seller the most. Quantities of those main ingredients or components should
be mentioned (e.g., if the product is a chocolate cookie, the cocoa percentage
should be mentioned). The service description should also include any potential
allergens or risks associated with the offer.
Descriptions must be written
in English or German, or in both languages. Any other language is also welcome.
No personal or business information
should be shared in the description (e.g., e-mail address, phone number, website
link, full name, etc.)
Add a final price to every
service (including the earning and all costs that may arise, such as delivery,
packaging, Talentazo’s service fee, a transaction fee, taxes, preparation
costs, etc.).
Talentazo’s fee is 4%. For frequent
customers, it is 2.5%. Talentazo may run special promotions with a
different fee %, but only Sellers who participate in such promotions are
eligible.
PayPal’s transaction fee will most
probably be 3.4% + 55 cents per transaction. Please contact PayPal directly if the
transaction fee is not the one previously mentioned. Talentazo is not
responsible for PayPal’s transaction fee.
3.3.2 Adding pictures to the service
Pictures should be as real as
possible. Buyers will expect to receive the service or product that was
displayed in the service’s picture. Low-quality pictures should be replaced. Pictures
with texts and any business or personal contact information are not allowed.
3.3.3 Service availability
Every Seller is responsible
for updating unavailable dates for each service, such as when the Seller is on
vacation or fully booked. If a Seller does not deliver a service on time, a
warning or a suspension from the Platform may follow.
3.3.4 Service payment and management
Talentazo offers Sellers the possibility to
receive direct payments from Buyers for each of the services being offered.
Once a service is ordered, Sellers will receive a deposit for that order. Every payment a Seller receives is paid directly to
their PayPal account.
As soon as the Seller receives an order
confirmation, a service fee to Talentazo should be paid in 72 hours. Sellers should get in contact with their customers
after paying this service fee. Failing to pay Talentazo’s fee may result
in a suspension from the Platform.
If a Seller fails to pay Talentazo’s
fee on time, the Seller’s account will be put on hold, which means that the Seller
will not offer services to new customers on the Platform. If the Seller does
not pay the fee at all, this Seller will be banned from using the Platform.
Sellers are solely responsible
for keeping track of pending payments and managing their orders. Sellers should deliver their services on
time. If it is a physical delivery, it should be provided in the right
packaging, especially if it contains food. If there is a problem with a payment
from a Buyer, the Seller should approach the Buyer directly.
3.3.5 Forbidden services
Talentazo accepts the
promotion of event services for free, but does not allow all types of services
to be listed on the Platform. Services should mainly have a
business-to-customer (B2C) focus. Business-to-business (B2B) services are also
accepted as long as these can also target the end consumer.
Talentazo does not allow any
of the following services and any other one that is not in line with the Platform’s
concept. Services can be removed or modified by Talentazo’s team at its sole
discretion.
-
Adult-oriented products or
services
-
Discriminatory practices
-
Tobacco and related products
-
Drugs & drug-related
products
-
Unsafe products or services
determined by Talentazo at its sole discretion.
-
Violent products or services
including, but not limited to, weapons, ammunition, or explosives.
-
Gambling and gaming
-
Subscription services
-
Financial and insurance
services
-
Services in relation to
politics and elections
-
Third-party infringements
including, but not limited to, copyrights, trademarks, and any other proprietary
rights.
-
Any other forbidden product or
service in Switzerland
3.3.6 Order cancellations
Sellers should not cancel
orders on the Platform. If a seller cannot provide the service, a solution
should be discussed through the platform’s chat. The Seller is responsible for providing
the service that the Buyer paid for.
3.4
Marketing
practices
3.4.1 Discount coupons
Sellers can create coupons
with special discounts to promote their services. Every discount coupon can be
redeemed for a given number of times and days. The coupon code can only be used
to pay the deposit of a service. If the coupon’s value is higher than the
deposit, the remaining amount cannot be used again.
3.4.2 Advertising
To promote services listed on
the Platform, Talentazo will use pictures and content from the Platform on
diverse social media platforms and any other means of communication chosen by
Talentazo at its sole discretion.
3.4.3 Reviews and ratings
Each service can be rated as
soon as the delivery is confirmed. All Buyers or Sellers can confirm the
delivery of a service. A rating can be given up to 7 days after an order is
marked as complete.
3.5
Warnings
and suspensions
Every Seller should have an adequate
liability insurance in the event of a legal complaint.
If a Seller receives two to
three warnings from the Platform, this Seller may be suspended from the Platform.
4.
Liability
To the extent permitted by the
law, Talentazo is not responsible for any damage, personal or physical, under
any legal theory arising due to the use of the Platform. Talentazo should not
be connected to any harm linked to content or service, be it directly or
indirectly, from any service provider or Buyer. Loss of refunds, profits, or,
including but not limited to, business is not Talentazo’s responsibility.
Breach of contract is not Talentazo’s accountability, but the Seller’s or the Buyer’s.
Talentazo should not be made accountable for a Seller’s or a Buyer’s
disagreement or any failure to deliver a service on the terms which were
promised on the Platform.
5.
Infringements
Any infringements to the Platform’s
integrity, platform, content, data, accounts, access, Platform’s use, payments,
refunds, cancellations, including but not limited to, any action that harms the
Platform will not be tolerated. Talentazo may take action on those matters.