Publication date March, 6th 2024
Last edit date Jul, 9th 2024
This contract defines the terms and conditions for utilising the services offered by "IT'S CHALO COMMERCIAL BROKERS" (hereinafter also referred to shortly as the "Company") on the web portal www.itschalo.com and its smartphone and tablet extensions.
1 Definitions
A) “Site”: the web portal accessible at the following link: www.itschalo.com.
B) ”Platform": all websites, mobile applications or other applications, software, processes and any other services provided by or through the Site and its extensions on smartphones and tablets.
C) ”User": Individual or legal entity that completes the registration process on the Platform by creating the Company's account in order to use the Partner Service (hereinafter also “Partner”) as well as any person sending a request via the Platform, using the Customer Service (hereinafter also “Customer”) or performing any activity on the Platform.
D) ”Customer": Physical or legal entity that requires the intervention of a Partner registered on the Platform for the performance of any of the offered services (hereinafter also "Customer Service");
E) ”Partner": Physical or legal entity that professionally performs any of the activities promoted on the Platform, and who has registered as such on the Platform, in order to perform these services for the Customers (also referred to as "Partner Service").
F) ”Quote": The price of the Service that the Partner sends to the Customer as an offer.
G) ”Content": text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, service requests, quotes, messages, reviews and other information or materials available on, or through the Platform.
H) ”Platform Content": all content that the Company makes available on, or through, the Platform, including any content licensed from a third party, excluding only User Content (as defined below).
I) ”User Content": all content submitted, posted, uploaded or transmitted on the Platform or through the Platform by any of its users, including but not limited to, photographs, profile information, descriptions, posts, reviews and payments made through the Platform, only excluding the Platform Content and the Company feedback.
J) ”Collective Content": the collection of User Content and Platform Content.
K) “Membership Fee": indicates the recurring charge amount that occurs on a monthly/annual basis (depending on the Partner's preferences), which the Partner must pay to the Company to receive a Quote to the Customer for the Service Request. Factors such as the Partner's location, message and quote formulation, profile information, nature of the type of business conducted by the Partner, influence the number of job opportunities won through the Platform.
L) ”Registration”: registration process by creating an account on the Platform.
M) “Customer Service”: set of services including, for the registered user, the possibility and faculty to (non-exhaustive list): post requests on the Platform for the delivery of specific services in order to make contact with the available Partners; assess the quotes received from individual Partners; choose the Partner deemed most suitable to perform the work through the submission of the request; leave a review (identified as “Verified” review) on the profile of the commissioned Partner who performed a service for the Customer, following the acceptance of the offer received via the Platform.
N) “Partner Service”: set of services including, for the User who registers as a Partner, the possibility and faculty to (non-exhaustive list): receive requests for the performance of specific services from Customers; assess which of the requests sent by Customers to respond to; pay for the Membership Fee as described in art. 11 (“Fees”) to respond to requests posted by Customers on the Platform; reply to the requests posted by the Customers using the form provided to the Partner through the channels of the Platform; send Quotes to the Customers and agree on timings and modes for the execution of the services offered.
O) “Services”: the collection of services offered on the Platform;
P) “Contact”: when the Partner sends a first response to the potential Customer.
Q) “Durable Medium”: any instrument that allows the business user to preserve the information that is personally addressed to him so as to be able to access it in the future and for a period of time adequate to the purposes which they are destined to and that allows the identical reproduction of the stored information.
R) ”Service Request": a request submitted on the Platform by a Customer to receive one or more quotes from the Service Provider/s.
S) ”Service Agreement": the status of the Request if the Customer or the Partner confirm that they have an agreement between them.
T) “Personal Data”: any information concerning an identified or identifiable individual («data subject»); an identifiable individual is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
U) “Data Controller”: the individual, legal person, public authority, service or other entity that, alone or together with others, determines the purposes and means of processing personal data.
V) “Review”: it is a rating, through scores and comments, that evaluates the reliability and quality of the Partners within the dedicated Profile section, reflecting their experience based on the work done by the Partner. "
2 Introduction
Dear User, Welcome to our Platform. Before starting browsing and prior to registration, in compliance with our policy of honesty and transparency, as well as legal obligations, we invite you to carefully read these terms and conditions (hereinafter also referred to as the "General Conditions") that govern the use of the services offered through the Platform. It is understood that, for the purposes of this contract, the General Conditions include any notification, legal notice, information or disclaimer published on the Platform, as well as the contractual terms referred to through links that connect to this page. Access, browsing, and, in particular, the use of the Platform and its freely accessible functions (without prior registration) imply the express acceptance of the contractual terms and conditions set out in these General Conditions, and the consequent obligation for each user to comply with them. The use of the Customer Service and the Partner Service, for which registration is required, implies the express and full acceptance of these General Conditions, as well as the consequent obligation for each user to comply with them. Therefore, if you do not intend to accept these General Conditions, in whole or in part, or the terms and conditions contained in any other notification, legal notice, information or disclaimer present on the Platform, we invite you not to use the Platform or its related services. All the terms and general conditions of the Platform are considered referred to and binding for any user who uses and/or in any way accesses the Platform. Where the user uses the Platform on behalf of third parties, he/she declares and guarantees to have the power to represent, bind, and obligate such third parties; in such cases, acceptance of the General Conditions will also be deemed to have been made on behalf of the third parties who will be bound to comply with them.
3 Amendments to the General Conditions
The Company reserves the right to update, supplement, and modify, in whole or in part, at any time these General Conditions and each of the documents referenced herein, including the Privacy Policy (https://www.itschalo.com/privacy-policy). The Company will communicate to the User, by means deemed most appropriate, and in any case on a Durable Medium, any modification made in relation to the General Conditions and/or the related Services offered by publishing them on the Platform. The proposed changes will be valid and fully enforceable fifteen (15) days from the date of the communication of the modification ("Notice") by the Company. The Notice period may be longer and will depend on the changes made. In the event that the Notice period is longer, we will notify the User that they may choose not to accept the changes and terminate the contract with us. Indeed, before the expiration of the Notice period, if the User does not agree with the modifications, updates, or supplements to the General Conditions, we invite the User not to use the Platform and, if already registered on the Platform as a Customer or Partner, the User can proceed to delete their Profile by sending an email to support@itschalo.com confirming acceptance of our modifications (also at the aforementioned email address), or simply continue to use our services which will indicate that the User has accepted our modifications. Please note that the modifications will be effective immediately upon their communication in the following cases: a) The Company is required to comply with a legal obligation; b) The Company needs to exceptionally modify its Conditions to address an unforeseen and imminent danger linked to the defense of online intermediation services, its consumers, or other business users from fraud, malware, spam, data breaches, or cybersecurity risks.
4 Requirements for Using the Services
The Platform and the Services offered are intended for Users who have reached the age of 18 (eighteen) and have full legal capacity to act and validly enter into contracts and agreements for the provision of Services, as set out below. Upon registration on the Platform and subsequently using the Services, the User warrants that they are of legal age and have full legal capacity to act and validly enter into contracts and agreements. The User also declares that the Personal and non-personal data provided are true, correct, up-to-date, and pertain to their own person (both in the case of a legal entity User and an individual User) or, in the case of a User acting on behalf of a third party, that the data have been entered with the third party's consent, assuming all responsibility for the correctness and truthfulness of the information provided.
The Partner declares and guarantees that they have the means, knowledge, organization, and organizational abilities, including material and technical resources, necessary to ensure the effective provision of the Services requested by Customers and in accordance with the agreed-upon terms, ensuring in any case the capacity and expertise of the personnel and third parties that the Partner deems necessary to use. The Partner declares and guarantees that they have all the necessary qualifications required by the applicable law to exercise the profession declared at the time of registration and also states, if required by the applicable law to exercise the profession, that they are registered in the relevant professional register.
The Company reserves the right to carry out any appropriate checks in this regard, including consultation of the relevant professional register. The Partner understands and accepts that by creating and maintaining an account on the Platform, they have the opportunity to use it to access Customer requests, send them messages, and schedule appointments. The Partner understands and accepts that the use of the Platform in no way guarantees that Customers will choose and opt for the Services they offer.
The Partner and the Customer understand and accept that the Partners are mere Users of the Platform and that the Partners are not employees, collaborators, partners, or agents (or similar) of the Company, nor are they in a joint venture relationship with it.
The Company, in accordance with the above, does not control, nor has any rights or authority over the Services offered and provided by a Partner, or the methods of their execution, except as expressly stated in these General Conditions.
5 Registration to the Platform
The browsing of the Site is accessible to all Users, including those who are not registered. However, in order to fully benefit from the Services offered by the Platform, registration on the Platform is necessary, submitting the required information such as name, email address, telephone/WhatsApp number through the quote request form. The User declares and undertakes to provide accurate, updated, and complete information during the registration process, when submitting a quote request, and at all times while using the Platform. In the event of any changes to the provided data during Registration, it is the sole responsibility of the User to promptly inform the Company of such changes. The User declares and accepts to be solely responsible for maintaining the confidentiality of their personal data and for all activities that occur under their name, committing to immediately notify the Company of any unauthorized use of the Platform.
5.1 Registration Process to the Platform
To fully benefit from all the Services offered, registration on the Platform as either a Customer or a Partner is required, by providing certain personal information and data, including a valid personal phone number, through the corresponding guided registration procedure. After completing the registration, the User may request to modify the provided information by contacting CHALO's support team (support@itschalo.com). It is understood that the User will be solely responsible for the accuracy and updating of such information. The User who registers as a Partner is simultaneously registered as a Customer, and therefore can also benefit from the Customer Service (as defined above).
5.2 Email
The User, defined as an individual or legal entity according to Article 1(c), who uses the Platform's Services, agrees to provide a personal or business email address that they legitimately possess and regularly access. The User also commits to promptly update their registered email address by contacting CHALO's support team (support@itschalo.com). Registered profiles with email addresses belonging to individuals other than the User or with temporary email addresses may be deleted by the Company at any time without notice. Furthermore, the Company reserves the right to verify, validate, and conduct checks on the User's profiles for the purpose of providing the Services, in case it has reason to believe that the provided email addresses are not valid and/or legitimately used and/or legitimately created.
5.3 Customer Information
5.3.1 Phone Number
The User, defined as an individual or legal entity according to Article 1(c), who uses the Services as a Customer, agrees to provide a personal phone number or a phone number related to the legal entity they represent, of which they guarantee legitimate possession. When a Customer creates a Service Request, the request is presented as a job opportunity to the Partners through algorithms based on criteria such as the user's location, the nature of the job, and the suitability of the Partners. In cases where the provided information is insufficient, unclear, or requires confirmation, causing an interruption in the overall process of creating the request/receiving the Quote, the algorithm may decide to verify the request before presenting it as a job opportunity to the Partner. Furthermore, the Customer may be contacted by phone by the customer support team to confirm the details of their Service Request. During this call, the Customer's phone number may be updated by the customer support specialist in agreement with the Customer. Therefore, the Company reserves the right to temporarily suspend, block, or delete inappropriate, inaccurate, or incomplete applications.
5.4 Partner Information
5.4.1 Phone Number Verification Request The User who uses the Services as a Partner agrees to provide a personal phone number, of which they guarantee legitimate possession. The Partner is aware that the phone number within their profile will only be used to receive quote requests through the Platform and that the same phone number provided is actually available to the Partner and will not be shared with third parties.
5.4.2 Business Identification and Identity Document Request
The User who uses the Services as a Partner agrees to provide the information and/or documentation requested by the Company. For Partners, the following information will be requested: Trade name, Trade License Number, Trade License Expiry Date, Company size, Name of the Company Representative, Role, Business Email and Phone number. Any descriptions provided by the User are made under their exclusive responsibility. Should the information provided by the Partner be incorrect or misleading, the Company reserves the right to: request the modification of the Partner Profile information; request a copy of an identity document; request copies of documents necessary to demonstrate the legitimate exercise of the profession; permanently block the Profile.Please note that the Company reserves the right to verify the information entered in the Partner's Profile and request additional documentation if necessary. During the document verification process, the Partner is invited to send the required documents to the Company via email. After the Partner has submitted the requested documents, the Company will conduct the necessary verification. The responsibility to determine the checks related to the process, any additional actions required, and the necessary steps lies with the Company.
5.5 Profile Deletion
The User can proceed to delete their Profile at any time by sending a deletion request email to support@itschalo.com and/or partners@itschalo.com. The deletion of profiles registered as Partners will take place at the end of the monthly/annual billing cycle, depending on the plan subscribed to by the Partner. Upon the User's deletion request, the data consisting of the User's fundamental attributes will be deleted from the main database and moved to a reserved space in the database where they are archived. The Company, as the data controller, processes the data in accordance with its Privacy Policy (https://www.itschalo.com/privacy-policy) in order to fulfill the responsibilities imposed by law.
6 Licenses
Upon publishing Content on the Platform, the User grants the Company a perpetual, free, non-exclusive, and worldwide license to use, reproduce, distribute, transfer to third parties, sublicense, display, the same, including in relation to the provision of Services by the Company, as well as within the framework of the Company's commercial and/or advertising services and activities, including, but not limited to, the promotion and redistribution of all or part of the Site, in any format and through any distribution channel.
Users are not allowed to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or exploit the Platform or the Collective Content, unless expressly permitted in these General Conditions. If you download or print a copy of the Collective Content for personal use, you must retain all copyright and other proprietary notices contained therein.
No license or right is granted to the User by the Company, either explicitly or implicitly, based on intellectual property rights owned and/or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these General Conditions.
7 User Uploaded Content – User Rights, Representations, and Waivers
The User retains ownership rights to the User Content uploaded through their own Account. Therefore, the User is solely responsible for the accuracy, correctness, and updating of such Content, as well as for all consequences of its publication on the Platform. The Company disclaims any responsibility related to such Content, its confidentiality, use, publication, and/or dissemination. For the purpose of publishing User Content, the User represents and warrants that they: have the necessary permissions, licenses, rights, and/or authorizations to upload the Content onto the Platform; will not publish material subject to the proprietary rights of third parties without proper license and/or formal prior authorization from the owner; will not publish Content that is damaging to the image of third parties, contains child pornography, violence, obscenity, racism, defamation, contrary to public morality and order, and in violation of local and federal laws of the United Arab Emirates; will not publish Content that violates any provisions of these General Conditions; will not publish links to third-party websites. The Company does not endorse or adopt any opinions, judgments, advice, notices, and/or recommendations of the User, expressly disclaiming any liability in this regard, and reserving the right to protect its own subjective positions in any forum regarding such matters. It is understood that the Company does not assume any responsibility for the Content published by Users on the Platform, as well as for their opinions and feedback and the manner of their expression. The Company will not conduct any preventive control, screening, or examination of such Content. However, the Company reserves the right to remove, at any time and at its sole discretion, without notice, any Content, expressions, feedback, opinions, including those subject to Reviews, that appear non-compliant and/or expressed in violation of these General Conditions and/or in violation of the rights of the Company, Users, and third parties. Each User waives any claims, rights, and actions against the Company regarding the Content published on the Platform, including Reviews, that involve, even partially, the dissemination of inaccurate, incomplete, false data and information, or that otherwise violate their own rights or the rights of third parties.
8 Prohibitions
The User is prohibited from:
1) using someone else's Account without their prior and explicit consent;
2) registering on the Platform if under the age of 18;
3) using (i) machines, algorithms, software, or other automatic functions to generate web page visits and/or software and/or materials; and (ii) generating web page visits, emails, or any other means through which a person or group of people are requested to visit a page;
4) using any automated system - including but not limited to robots, offline readers, scrapers - to access the Platform, for any purpose, without the prior written approval of the Company;
5) taking any action that (a) unreasonably burdens the infrastructure of the Platform; (b) interferes with or attempts to interfere with the proper functioning of the Platform; (c) bypasses the measures used to prevent or restrict access to the Platform; (d) bypasses, disables, or interferes with the security features of the Platform; (e) distributes viruses or any other technology that may damage the Platform or Users; (f) violates copyright, trade secrets, or other rights of third parties, including data protection or advertising rights; or (g) circumvents or manipulates the structure of the Platform (as defined in these General Conditions);
6) using the Platform in any way to evade payment of fees to the Company for accessing the Services provided by the Platform;
7) collecting and/or publishing personal identifying data extracted from the Platform, including but not limited to names or other information about Accounts, or using the communication systems provided by the Platform for any reason not explicitly authorized by these General Conditions;
8) publishing false, inaccurate, misleading, defamatory, or malicious data and/or information (relating to individuals or legal entities);
9) violating any of the General Conditions governing the use of the Platform and the interactions thereof with Users and third parties;
10) using offensive and/or rude language towards a Customer, Partner, or Company employees;
11) offering any of the services listed in Article 10, stated below, "Allowed Services on the Platform," and on the "Security" page of the Site;
12) taking any actions that may compromise the effectiveness or accuracy of Reviews;
13) providing low-quality service, based on the review calculation logic;
14) registering as a Partner without possessing the legal requirements and suitability to perform the service;
15) using the Platform or related Services for illegal purposes or in illegal manners, even if not specified in these General Conditions;
16) using the Platform or related Services in a way that may harm or otherwise prejudice the Platform or the Company and/or interfere with other Users' use of the Platform and Services;
17) using the Platform or related Services when temporarily or permanently suspended by the Company;
18) transferring the Account to third parties without the explicit consent of the Company or creating a new Account to request or offer Services in order to circumvent restrictions and/or limitations imposed by these General Conditions or the Company, including under the subsequent Article 13 "Abuse, Fraud, or Damage - Suspension of Services, Profile Deletion";
19) copying, manually or automatically, and/or collecting in any way information about Users, including their email addresses, without their prior explicit written consent;
20) publishing on publicly accessible sections of the Platform contact information of other Users or third parties;
21) using the Platform to transmit advertising and/or promotional material to third parties or other Users without the prior written consent of the Company;
22) engaging in actions that may cause an unreasonable overload on the technological infrastructure and system of the Platform, at the sole and unquestionable discretion of the Company;
23) bypassing the Company's exclusion tools for search engine systems (robots) or using other methods to prevent or limit access to the Platform;
24) spreading viruses or other harmful malware and software that may damage the Platform or hinder its full and proper use by Users;
25) publishing Quote Requests (i) without intending to receive the Services described in the Quote Request or (ii) in sections or pages of the Platform not specifically intended for such purposes or (iii) fictitious Quote Requests or (iv) for commercial purposes or (v) for data collection purposes or (vi) for the purpose of brokering;
26) creating fake profiles or creating multiple profiles, of which at least one has been blocked;
27) publishing Content in a different category or in inappropriate sections of the Platform that are not specifically intended for them;
28) manipulating the price of services offered by the same to the Customer or engaging in unfair competition against other Partners offering identical or similar services;
29) failing to perform the requested services by the Customer following the acceptance of the Quote within the agreed-upon timeframe and location, while reserving the right to refuse to perform the service solely in cases of (i) Customer non-compliance or (ii) inability to verify the identity of the Customer (e.g., the data provided regarding the location and address for service execution or telephone contact are false and/or incorrect);
30) circumventing or manipulating the pricing structure, billing processing, or fees due to the Company;
31) inserting, within public sections, personal or professional contact information to Customers or circumventing the chat and contact tool offered by the Platform. In this regard, it is specified that:
32) if a Partner enters any personal contact information within public sections, the Company will take suppressive measures to cover, in whole or in part, the contact provided to the Customer.
9 Use of the Platform and Services
The User also agrees to immediately notify the Company in case of suspected security breach of their Profile by writing to support@itschalo.com. The User is obligated to use the Services in compliance with these General Conditions, as well as with applicable laws and regulations, while respecting the rights of Users and third parties, and to use the Platform and Services appropriately and/or in accordance with common decency and decorum (e.g., spamming is prohibited, uploading obscene and/or blasphemous and/or defamatory content and/or content against morality and/or public order in line with the laws in force in the United Arab Emirates).
10 Allowed Services on the Platform
The Company allows Users to offer and request services in a multitude of categories, including home maintenance, event organization, wellness, education, information technology, web-related needs, and more. The website serves as a reference to explore the list of available services. Below are the services not allowed and prohibited on the Platform:
- Sale of products: The Company only allows businesses and professionals to provide services to customers, not products. We welcome professionals whose services may be provided with the use of products (e.g., consumer products or products necessary for repair or replacement). However, a business based on the supply of products (e.g., mobile phones, furniture, etc.) will not be accepted.
- Third-party services: The Company only welcomes businesses that work directly with customers. Third-party services, intermediary services, directory listings, or multi-level marketing systems are not allowed.
- Lending and consumer credit services: The Company does not allow lending and consumer credit services, debt consolidation, assistance, foreclosure, refinancing.
- Sexual services or services for sexual and/or libido purposes: The Company does not allow sexual services or services for sexual and/or libido purposes, such as prostitution, exchange of erotic massages, exchange of contacts for sexual encounters, etc.
- Event promotions: The Company allows event organization or catering services to register. However, businesses are not allowed to promote participation in these organized events.
- Services outside the United Arab Emirates: The Company does not allow Partners to provide services outside the UAE (United Arab Emirates). All this information must be written in English. The sporadic and isolated use of Arabic words is allowed, as long as it does not exclude the complete description of Services and Profiles in the English language.
11 Fees
Access to the Customer Service is free of charge.
Partners may offer their services once they have subscribed to one of the available membership plans at the time of their activation. In relation to the use of the Platform, the Company imposes a recurring monthly/annual Membership Fee, charged to a credit or debit card, or other payment methods accepted by the Company. The current Membership Fee may be accessed publicly on the page https://www.itschalo.com/become-a-partner.
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1) Use of the Platform: The use of Chalo's platform is provided unrestrictedly to both the end-users and our business partners during the BETA phase launch period. Partners are allowed to avail themselves of all the Partner Services without being charged any Membership Fee.
2) Membership Fee Introduction: Chalo reserves the right to introduce a Membership Fee for its services upon cessation of the BETA phase launch period. Chalo will provide Partners with a 30 days' advance notice of such modifications.
3) Transparency: Chalo stands for transparency and honesty in all conduct. Any impending changes to the usage terms, including Membership Fee, will be communicated clearly and in a timely manner.—————————————————————————————————————————
The Company reserves the right to vary the membership pricing at any time, subject to providing a minimum notification period of 30 days. Nonetheless, any new Membership Fee will only be applied at the time of the monthly/annual renewal, and not retrospectively, nor immediately. If the Partner does not wish to accept the new Membership Fee, they have the option to deactivate the charge on their payment method directly from the Platform itself or to send a cancellation email to partners@itschalo.com.
At any stage throughout the year, the Company may, at its discretion, apply discounts, promotions and introductory offers, or temporarily reduce the Membership Fee. For Service Requests forwarded to the Partner by the Company, the Partner will incur no additional cost for that specific Service Request. Moreover, the Company will not withhold any commission on the revenue generated by the Partner from providing service to customers. Our Partners can submit quotations to Customers, contact Customers, conduct an assessment visit, and incur additional cost for the services offered until a Service Agreement is achieved. Partners acknowledge and accept that the Company does not guarantee any Service Agreement. The Customer may not review the quotation or may choose to work with a different Partner. In these instances, the Partner may not request a refund of the Membership Fee.
Partners also recognise and accept that they alone are responsible for determining their own tax-reporting requirements and for collecting the sales and use taxes. The Partner's quotations and/or information on Service Requests created by the Customer or the Partner on the Platform serve purposes of information, communication, and negotiation. Customers directly pay the Partner once the service has been provided, for the total service cost for the chosen quotation. Customers may not request such documents from the Company, as the Company does not perform or bear responsibility for any of the services requested by the Customer. Unless otherwise provided in the Services Agreement signed between the Customer and the Partner, the Customer has the right to cancel the project without any justification or contractual penalty, providing that the service has not yet been conducted or initiated. In such cases, any payments made will be refunded by the specific Partner and cannot be requested from the Company.
Customers and Partners acknowledge and accept that the Company bears no responsibility for any disputes that may arise between the Partner and the Customer regarding payment, service cancellation, discounts or refunds.
The Company is responsible for the invoicing of Partners, relative to the intended payment according to the monthly/annual plan subscribed to for the benefit of the services provided by the Platform.
12 Content and Reviews
By publishing content on the Platform, the User agrees to fully comply with these General Conditions and undertakes to abide by them. The Company reserves the right to remove any content, in whole or in part, that violates the following guidelines or the General Conditions, or for any other reason at its sole discretion. If a User believes that any content published on the Platform violates laws, contractual obligations, or is inappropriate or offensive, it is recommended to promptly notify the Company. However, if the content on the Platform is unpleasant to the User without violating any legal or contractual provisions, the Company reserves its evaluative discretion in such matters. Reviews are a valuable tool to assess the reputation, reliability, and quality of Customers and Partners. For each User, there is a section within their Profile that gathers all Reviews, including the respective rating and comments from the Users with whom they have interacted. For this reason, we urge caution and the use of common sense when leaving a Review. What is written as a Customer or Partner will permanently remain in the Profile of the User with whom the contract was concluded. The Company's rules regarding Reviews aim to foster business relationships based on correctness, good faith, diligence, trust, and mutual respect. However, to ensure fair and non-abusive use of the Review system, certain essential rules must be followed. In particular, the User is prohibited from:
using the Review service for extortion or any other illegal purpose, or even for legal purposes not protected by the law;
using the Review service for purposes other than those permitted under these General Conditions;
manipulating Reviews (e.g., leaving or receiving a Review to artificially improve another User's reputation);
directly or indirectly preventing another User from leaving a Review (e.g., including in quotes or contract terms any indication that prevents the Customer from leaving a Review). It should be noted that it is not allowed to publish the following on the Platform, in the sections dedicated to Reviews:
Reviews related to work requested more than 1 year ago;
Reviews not directly related to the conduct and professionalism of a Partner or a completed job;
Reviews that do not reflect the personal experience of the User;
Reviews not related to the work carried out by the Partner, such as politically or socially oriented comments;
content that promotes or supports violent, illegal, dangerous, threatening, discriminatory activities, as well as blasphemy, vulgarity, obscenity;
content that violates personal freedoms and rights, intellectual property rights, or confidentiality and privacy;
content used for extortion purposes;
commercial promotion of products or services;
content that reveals confidential information regarding the controls carried out by the Company's Verification team. To maintain transparent communication on our Platform, we prefer not to correct, modify, or delete reviews that are in line with our policies and General Conditions.
13 Abuse, Fraud, or Damage - Suspension of Services, Profile Deletion
The Company, at its sole discretion and depending on the severity of the identified or ongoing violation, reserves the right to temporarily suspend or permanently block the User's Profile, delete saved content or suspend the uploading of additional content, or restrict access to the Platform by means of written communication to the User, in case of User violation of the obligations under these General Conditions. However, the Company also retains the right to take any other appropriate measures, depending on the severity of the violation, including the right to pursue any unauthorized use or any action contrary to the law in the most appropriate civil, criminal, or administrative judicial forums. The Partner bears the responsibility to act and behave diligently, competently, and professionally, and undertakes to resolve any disputes that arise with Customers. In the event that the Partner fails to ensure a high level of professionalism and customer satisfaction, the Company may take one or more of the following actions:
Request participation in mediation, arbitration, or other alternative dispute resolution processes.
Initiate administrative, legal, or insurance proceedings.
Temporarily suspend or permanently block the Partner's Profile from the Platform.The level of customer satisfaction is evaluated based on (i) Reviews posted by Customers on the Platform, as well as (ii) complaints and disputes initiated against the Partner for services not provided or not provided in accordance with the agreed-upon terms with the Customer.
14 Limitations of Liability
The Company's activity within the scope of the Services offered on the Platform consists solely of providing Users with a web portal where Customers can find the Partner they consider most suitable to meet their needs, and where Partners can benefit from an additional channel for offering their services. In particular, the User acknowledges that the Company is not an "auctioneer" in the traditional sense of the term: the Platform is simply a place where anyone can describe personal projects and request quotes related to categories defined by the Platform, and where Partners can prepare quotes and make offers to provide the requested services, at any time, from any internet-connected device, and from any location, using different methods. The Company, through the Platform, only provides certain information to support the evaluation by the Customer, and for this purpose makes available the data and information provided by Partners in addition to the feedback given by Customers under their exclusive responsibility. Such information is not verified by the Company, and it is understood that the Company assumes no responsibility in relation to them, while fulfilling its obligations regarding the removal of illegal content of which it is aware or becomes aware. In fact, the Company is not imposed with any general obligation to monitor the information transmitted or stored by the Company, nor to actively determine facts or circumstances indicating the presence of illegal activities. Therefore, the Company does not have controlling functions, nor is it active in the same area of competence as the Partners, explicitly disclaiming - towards both Customers and Partners, who expressly accept this limitation of liability - any responsibility arising from or related to the relationship between the Customer and the Partner, given that the Company remains completely outside of this relationship. Furthermore, the Company cannot verify the truthfulness and accuracy of the projects, quotes, and offers published, nor the ability of Partners to provide the services indicated and perform them according to the agreed-upon methods. The Company cannot ensure that a Customer or Partner is able to complete the transaction. Consequently, the choice of the offer and/or quote deemed most appropriate, as well as the choice of the Partner, are made solely by the Customer with their full autonomy and assumption of responsibility, including verifying that the services rendered by the Partner have been carried out as specified in the quote request. Therefore, the Company has no liability and, accordingly, cannot be held responsible for any aspect of the offers and performance made through the Platform, including but not limited to: the truthfulness and accuracy of the Content uploaded by Users on the Platform; the quotes and offers published on the Platform; the Partner's capacity and professionalism in providing the indicated services or carrying them out according to the agreed-upon methods, as well as fully meeting the Customer's needs and expectations regarding the results obtained from the use of the service; the non-performance, incorrect or incomplete performance of the service provided to the Customer by the Partner, including any defects or deviations that may arise after its conclusion; any financial and non-financial damages that the Customer and/or third parties may suffer as a result of the non-performance or incorrect performance of the service by the Partner, who will therefore be solely responsible, in any capacity, towards the User and/or third parties; the non-payment, delayed payment, or incomplete payment by the Customer of the fees due in relation to the services provided by the Partner; the truthfulness of the information and data, including personal data, entered by Users, any violation of the rights of third parties, including the violation of patents, trademarks, trade secrets, copyrights, or other industrial and/or intellectual property rights, as well as non-compliance with any applicable laws and regulations for operations conducted through the Platform, and any financial and non-financial damage suffered by Users or third parties in connection with any activities related to the use of the Platform. The Company also cannot be held liable for: any loss of goodwill or commercial reputation, profit, or data, whether it constitutes direct, indirect, or consequential damages; any direct, indirect, or consequential losses or damages that the Users may suffer as a result of: a. any reliance placed on the completeness, accuracy, or existence of any Content published by Users on the Platform; b. any modifications that the Company may make to the Platform or the Services, or any temporary or permanent interruption in the provision of the Services; c. the deletion, corruption, or failure to store any Content, as well as the communication of data, kept or transmitted by or through the use of the Services by the User; d. the failure to provide accurate information by the User. The Company offers a non-exhaustive list of safety tips to consider when seeking to hire a Partner. The Company is not responsible for any damage arising from interactions among users.
15 Indemnification
By accepting these Terms and Conditions, the User - whether Customer or Partner - undertakes to indemnify and hold harmless the Company, as well as its representatives and all affiliated companies and their representatives, from any claim, demand, exception, or damage claim, including legal expenses, caused or arising from the offer and/or execution of services promoted and provided through the Platform, as well as from the violation of these Terms and Conditions or any applicable laws, regulations, or the rights of third parties.
16 Interruption and suspension of Services for all Users and/or for individual Partners
Access to the Platform may be temporarily interrupted in case of technical problems or to ensure maintenance of the Platform. If possible, notification of such interruptions will be given on the Platform or by sending informative communications via email. At any time, the Company may make improvements and/or changes to the Platform and the Services if necessary for technical reasons or to comply with applicable regulations. Finally, the Company reserves the right to cease, in whole or in part, the provision of the Services at any time and with reasonable notice in order to allow Users to complete ongoing service transactions. In such cases, the Company will promptly notify Users via email and with a notice on the Platform. If the Company decides to limit or suspend the provision of its Services to a specific Partner with respect to individual goods or services offered by that Partner, it must communicate the reasons for this decision in advance or at the time the limitation or suspension takes effect, using a durable medium. While if the Company decides to completely cease the provision of its Services to a specific Partner, it must communicate the reasons for this decision to that Partner at least 30 days prior to the cessation taking effect, using a durable medium. In any case, the Company, in the event of limitation, suspension, or cessation, provides the Partner with the opportunity to clarify the facts and circumstances within the framework of the internal complaint management process. The Company is not required to provide a reason if it is subject to a legal or regulatory obligation not to disclose specific facts or circumstances or reference to relevant reasons, or if it can demonstrate that the partner concerned has repeatedly violated the applicable Terms, resulting in the cessation of the provision of the set of Services in question.
17 Intellectual Property Rights
The Company is the exclusive owner of the “IT'S CHALO" trademark and the domain names itschalo.com (collectively, the "Domain Names"). No use of the IT'S CHALO trademark and the Domain Names is permitted without the prior written authorization of the Company. The Company is the exclusive owner of all intellectual and industrial property rights related to the Platform, including, but not limited to, the content, texts, designs, databases, know-how, software, data, and information contained or connected to it, other than the Content (collectively, the "CHALO IP"). The Company does not grant any licenses to Users in relation to the CHALO IP. The User acknowledges that, except for operations strictly necessary for the use of the Services, the reproduction, duplication, copying, sale, framing and/or scraping, resale, and exploitation in any form, whether for private or commercial purposes, of the whole or individual parts of the Site and the Platform without the prior written authorization of the Company is prohibited and will be considered a violation of intellectual and industrial property laws. Any use of the Platform for purposes and/or in ways other than those provided in these Terms and Conditions is considered abusive and not authorized by the Company. The Company reserves the right to take legal action against any unauthorized or unlawful use in the appropriate civil, criminal, or administrative courts.
18 Links - Links to Third-Party Websites
The Company assumes no responsibility for content created by or published on third-party websites that the Platform may link to through a hyperlink ("link"). The Company does not control these links and is not responsible for their content or use. The presence of links on the Platform does not imply any endorsement by the Company of the material published on these websites or any other relationship between the Company and their operators. Users who choose to visit a website linked to the Platform do so at their own risk, and they are responsible for taking all necessary measures against viruses or other malware.
19 Applicable Law and Jurisdiction
These Terms and Conditions are governed by and interpreted in accordance with the laws of the United Arab Emirates.
20 Privacy Policy
The Company will handle Users' personal data in accordance with applicable data protection laws as detailed in the privacy policy available in the respective section of the Platform. The data regarding the list of professionals on this website comes from public registers, directories, deeds, or documents accessible to anyone, or they are provided directly by Customers and users at the time of creating an account or throughout the use of the Platform. They are presented here in full compliance with GDPR regulations. For certain services provided on the Platform, data may be communicated to companies that collaborate or use the services of the Company, such as Partners who offer their services through the Platform or other companies (hereinafter referred to as "Partners"), with the sole intent of providing the services requested by the User. In these cases, the Partners are autonomous data controllers, and therefore the Company is not responsible for their data processing activities. The Company is also not responsible for the content and compliance with data protection regulations by websites not managed by the Company. For any reports, please contact our Customer Service.
21 Autonomy of the Parties
The Company and Users who utilize the services offered through the Platform are mutually autonomous and independent. The use of the Services by Users does not establish any relationship with the Company, including but not limited to, employment, collaboration, agency, association, mediation, or brokerage relationships.
22 Final Provisions
If one or more provisions of these General Conditions are declared invalid or ineffective, whether in whole or in part, for any reason, they will be separable from the others and will not affect the validity and effectiveness of the remaining General Conditions or the execution of the General Conditions as a whole or any other clause or provision. Communications required under these General Conditions will be made by registered letter or by email to the addresses provided by the User during Registration. Any tolerance by the Company regarding User behavior in violation of the provisions contained in these General Conditions does not constitute a waiver of the rights arising from the violated provisions or any statutory and contractual rights and powers, as well as the right to demand the exact fulfillment of all the General Conditions provided herein. The Partner uses the Services offered by the Platform for purposes related to any entrepreneurial, commercial, artisanal, or professional activity and, as expressly provided by law, is not considered a consumer. As a result, any consequent protection does not apply.
23 Dispute Resolution
In the event of disputes between the User and the Company arising from these General Conditions, our goal is to provide neutral and cost-effective tools to resolve the dispute quickly. Therefore, in such cases, we first invite the User or the Customer to contact us in order to amicably resolve any disputes that have arisen or may arise.