Yoojo is an advertisement and profile referencing site positioned in the personal services, home services and concierge services sector, operated by Netdistrict, a limited company whose registered office is located at Chemin du Pré-Fleuri 5, 1228 Plan-les-Ouates, Switzerland, under the domain name yoojo.uk which you can use to publish your service advertisements as a Client (service requester) or to reference your service provider profile, called "Service Provider". Yoojo is available on your Internet browser from your computer or any other mobile device via a website or a mobile application.
Yoojo offers certain content and features free of charge, but is not completely free. Services that are only available for a fee are clearly detailed and indicated on the website or mobile application. However, fees are not charged without explicit notice to the User. The User will not be charged for limited use, simple registration or registration. Yoojo is intended exclusively for individuals or legal entities representing a company, i.e. end consumers, and only they may register on Yoojo.
Yoojo is a site for the publication of job advertisements and Service Provider Profiles which allows members :
Yoojo does not play any role other than that of a medium for Internet advertisements and for putting the parties in contact with each other, and therefore :
Members are completely free to contact each other on the basis of job advertisements and Supplier Profiles published on the Site, without the Site intervening at any time in this selection process.
Clients are completely free to place their advertisements on the Site and choose the Service Provider Profiles that suit them, having the option of withdrawing their advertisements from the Site at any time if they have not previously selected a Service Provider to carry out a service described in a job advertisement.
Providers are completely free to place their advertisements on the Site and to choose the job advertisements that suit them, having the option of withdrawing their advertisements from the Site at any time if they have not previously been selected by a Customer to provide a service described in a Provider Profile.
4.1 Any person may visit the freely accessible areas of the Site, in particular the home page, provided that he or she is responsible for the equipment needed to access it (computer, browser software, Internet connection, etc.) and for the usual costs associated with connecting to the Site, except where free Internet access points are available.
However, and without prejudice to the application of Article 5 below, minors are not permitted to connect to the Site.
4.2 Yoojo, which reserves the right at its sole discretion to change or discontinue any of the services on the Site at any time, will use its reasonable endeavours to ensure that the Site is accessible 24 hours a day, 7 days a week, subject to:
Generally speaking, Internet users and Members declare that they accept the characteristics and limits inherent in the Internet, and recognise in particular:
4.3 It is strictly forbidden to access the Site to advertise a company or its products or services.
5.1 Registration on the Site is open only to natural persons who have reached the age of majority under the legislation in force in the country where the service is provided and who enjoy full legal capacity.
5.2 To publish a job advert or a Jobber Profile, all internet users must register on the Site to become a Member. To do this, they can:
5.3 By validating their registration, Internet users acknowledge that they have filled in the registration form truthfully and as accurately as possible, using current personal data. If any of the required information changes over time, the Member undertakes to amend it in his/her profile as soon as possible.
5.4 Members must ensure the confidentiality of their login and password. They shall be solely responsible for the use of these identifiers, whether fraudulent or not. If a Member notices that his/her login details are being used fraudulently by a third party, he/she undertakes to notify Yoojo immediately by email: contact@yoojo.com.
5.5 Yoojo reserves the right to refuse registration to any individual who does not comply with these Terms and Conditions or with current legislation.
Any breach of these Terms and Conditions by a Member may lead to exclusion from the Site.
Generally speaking, Members undertake to refrain from using the Site for any purpose other than :
In the event of exclusion of a Member, no liability on the part of Yoojo may be incurred and all his job advertisements and/or service provider profile shall be deleted.
Any Member may close his or her account at any time, subject to compliance with the obligations imposed on him or her prior to such closure (completion of a service, payment of publication fees, transaction between a Customer and a Service Provider, etc.).
Application and registration are free for all Users. Use of the basic functions on Yoojo is free of charge.
The contract for the use of the basic functions (basic contract) of Yoojo is concluded for an indefinite period and may be terminated without notice by either party at any time. To terminate the agreement, the User must delete the registration data on the "Personal information" tab of the "Account" menu by clicking on the "Delete my account" button. Once this has been done, the User will receive confirmation in the form of a banner directly on the Site.
The User's account will be deleted when the basic contract is terminated. Once the contract has been terminated, the User may not request the publication or return of any content he or she has published.
Fees will be charged for full access to content and functions such as posting comments and accessing the full content of the site.
Services and options are available according to current offers.
Publication of a job advert on the Site is free of charge, but service charges apply when booking a Service Provider.
The type of invoicing, prices and duration are defined in each offer and summarised before the end of the order process. The contract for the purchase of service products becomes binding when the relevant button is clicked to confirm the order.
The cost of the service fee is equal to 20% of the amount of the Provider's remuneration, with a minimum of 5 Pounds inclusive of tax. The service fee gives the Customer the following rights:
In the case of publication of a service request without compulsory remuneration of the service provider via the platform, the cost of putting the Customer in contact with the service provider will be a flat-rate amount.
In the case of publication of a childcare request without compulsory remuneration of the service provider via the platform, the cost of putting the service provider in contact with the service provider will be a flat-rate amount of 9 Pounds inclusive of tax.
Service charges are payable when the service provider is booked or selected and, in the case of overtime, when the Customer confirms payment to the service provider.
Yoojo reserves the right to change the amount of the service fee. In this case, Customers will be informed at the time of booking a Service Provider, in the form of a notification to be accepted by clicking on the relevant confirmation button.
If your account is deleted, a message will alert you to any transactions that may still be in progress. Users will have one month after deletion of their account to request reimbursement of their wallet. After this time, the wallet will be considered abandoned.
Electronic payment services for members are provided by Mangopay, for which Yoojo has the status of Payment Establishment Agent.
By using the Site, Site members accept the general terms and conditions of use of the Mangopay platform, which can be viewed at the following address: https://yoojo.com/Mangopay_Terms-EN.pdf
By allowing Yoojo to make payments via Mangopay, you agree to provide Yoojo with accurate and complete information about you and authorise Yoojo to share this information as well as information about transactions made via the payment solution provided by Mangopay.
Customer service fees are payable in advance and in full by secure payment.
The Customer may make a payment by one of the payment methods specified on the payment pages, such as a credit card.
Proof of the financial transaction results from the data recorded by the online payment organisation selected by Yoojo. Members are invited to keep for their personal use the electronic ticket issued by the online payment organisation, which includes all the elements of the payment and the result of the bank authorisation request.
By using the Site, Site members accept the general terms and conditions of use of the Mangopay platform, which can be viewed at the following address: https://yoojo.com/Mangopay_Terms-EN.pdf
Invoices for service charges, transactions between Members and certificates will be produced digitally; there will be no paper documents. All these elements, depending on the User's activity, will be accessible on the Site and are detailed in the "Balance" menu of the "Account" tab in the Member's personal space.
Transaction receipts summarise the service requested by the Customer, the Service Provider concerned and the agreed pricing.
When the User benefits from a discount code, they will have access to the offer concerned for a limited period. There are therefore no other charges and no corresponding invoice. The duration of this period depends on what is specified by the code or benefit.
If a Service Provider's booking is cancelled, the Customer's wallet is credited with the prepaid amount, which includes the Service Provider's remuneration and service charges.
The service provider's remuneration may be re-credited to the Customer's bank card, upon written request or via the "My Balance" menu in the Account tab, within 11 months of the initial payment. After 11 months, the refund must be made by bank transfer.
The service fee is non-refundable to the customer's credit card. The refunded amount is available in the customer's Yoojo Wallet and will be deducted from the service charge for a future booking.
After 12 months of complete inactivity of the account, characterised by no connection to the Yoojo account, the content of the Wallet will be considered abandoned.
The Customer may at any time request reimbursement in the form of a credit note for a Service that has not been performed and for which payment has not been released.
Once the payment has been released by the Customer, the Customer shall be responsible for obtaining a refund directly from its Service Provider. Yoojo cannot be held responsible for payment validations made by the Customer to a Service Provider.
A prepaid service for which payment has not been validated 6 months after the due date will be considered cancelled. The Customer's cancellation policy will apply.
Yoojo is not responsible for the content of the advertisements hosted on its Site at the initiative and under the responsibility of the Members.
Yoojo declines all responsibility for the reliability of the information visible on the Site, as well as for the access, content and use of websites published by third parties and which may be accessible from the Site via hypertext links.
Yoojo declines all responsibility for the content of any advertisements that may be accessible from the Site, as well as for the products or services offered through them.
All the photographs and images presented on the Site are not contractual but merely exemplary in that they constitute mere illustrations of the content of the advertisements published by the Members. Yoojo may not be held liable if a photograph or image does not reflect the reality of a service for which a job has been presented in an advertisement published on the Site.
Yoojo declines all responsibility for indirect losses, loss of profit, loss or alteration of data, as a result of browsing the Site or using its functionalities and does not guarantee that its platform will be accessible and functional at all times.
Yoojo may not be held liable in the event of a dispute or litigation relating to the content of the information communicated by Members on the Site (texts, images, photographs, logos, etc.) as long as Yoojo, which is only the host of the advertisements published on the Site by its Members, has not been notified, under the conditions provided for by law, of the content present on the Site and presented as being illicit.
That being said :
VERY IMPORTANT: WHEN MEMBERS FREELY AGREE, ON THE BASIS OF THE ADVERTISEMENTS THEY HAVE PUBLISHED ON THE SITE, TO PROVIDE A SERVICE, A CONTRACT IS FORMED BETWEEN THEM TO WHICH YOOJO IS IN NO WAY A PARTY. THE CUSTOMER AND THE SERVICE PROVIDER ARE CONTRACTING PARTIES, INDEPENDENT OF YOOJO.
YOOJO SHALL NOT BE LIABLE FOR THE NON-EXECUTION OR FAILURE TO EXECUTE THIS AGREEMENT BETWEEN MEMBERS, BUT IS RESPONSIBLE FOR THE CUSTOMER OR SERVICE SUPPLIER WHO HAS FAILED TO FULFILL THE OBLIGATIONS RESULTING FROM THE AGREEMENT MADE WITH HIS CO-INTRACTOR.
As a result :
a) Members of the Site declare that they exonerate Yoojo from all liability:
b) Members are solely responsible for any direct or indirect, material or immaterial damage or prejudice caused to each other, to Yoojo and/or to any third party and undertake in particular to indemnify Yoojo in the event of any request, claim and/or order for damages of which Yoojo could be threatened or be the object and/or which could be pronounced against the latter, including reasonable lawyers' fees that Yoojo may have been obliged to pay, if the cause, basis or origin of these requests, claims and/or sentences is information communicated by Members on the Site or the provision of services in application of information communicated by Members on the Site.
Members acknowledge that they alone are responsible for all the content they include on the Site (text, photographs, images, logos or other content).
Members also acknowledge that they alone are responsible for the proper performance of the obligations they assume towards their co-contractor (Client or Service Provider) for the completion of a job.
Yoojo holds the intellectual property rights to the Site considered as a support for the advertisements published by the Members (architecture of the Site, organisation of functionalities, ergonomics, software functionalities, etc.). Any reproduction of the elements constituting the Site without the prior written authorisation of Yoojo is likely to constitute an infringement and may incur the civil and/or criminal liability of its author.
Members undertake not to publish on the Site any element (text, photograph, image, logo or any other creation or sign subject to intellectual property rights) without the prior written consent of the holder of the rights.
Where necessary, Members grant Yoojo a licence to use the intellectual property rights attached to the content that they may insert on the Site. This worldwide licence and for the duration of the rights in question includes in particular the right for Yoojo to reproduce, represent or adapt said content to enable its optimal presentation on the Site (in particular with regard to its graphic charter and technical performance).
In accordance with the provisions of the Law on the protection of individuals with regard to the processing of personal data, Members' personal data is subject to a confidentiality policy detailed in point III of these GENERAL TERMS AND CONDITIONS.
Yoojo has taken significant precautions to archive Member data in a secure environment.
However, Members are invited to inform Yoojo immediately of any breach of security resulting in the accidental or unlawful destruction, loss, alteration, disclosure or unauthorised access of their personal data.
Yoojo does not intend to sell the data managed by its Members, nor to transfer them directly or indirectly or to exchange them with third parties, unless they give their prior consent at the time of registration by means of a box to be ticked voluntarily.
Nor will Yoojo use this data in connection with advertising networks or exchange systems, data brokers or other advertising-related tools.
If a Member has connected to the Site via Facebook™ Login, Yoojo reserves the right to respond favourably to any request for deletion of data from Facebook™.
Yoojo draws Members' attention to the fact that:
Yoojo's personal data management and confidentiality policy is presented in Part 3 of these General Terms and Conditions.
Yoojo uses cookies for the sole purpose of enabling or facilitating electronic communication or as strictly necessary for the provision of the online payment service.
By providing their electronic address (e-mail) on the Site, Members agree that Yoojo may send them a newsletter at a frequency and in a form that Yoojo shall decide.
Subject to ticking the box provided for this purpose when registering, Members agree, under the same conditions, to receive newsletters from Yoojo's partners.
Members will be able to unsubscribe from newsletters at any time by clicking on the appropriate link in the newsletter.
In view of the general interest in suppressing the glorification of crimes against humanity, incitement to racial hatred and child pornography, incitement to violence, in particular incitement to violence against women, and offences against human dignity, you may send us an alert at any time if you notice that any content on the Site is likely to constitute an offence of this type, to the following address: alerte@yoojo.com.
SUBJECT TO THE COMPATIBILITY OF THIS CLAUSE WITH THE LEGISLATION APPLICABLE TO THE DISPUTE, ANY DISPUTE BETWEEN YOOJO AND A MEMBER RELATING TO THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THESE GENERAL TERMS AND CONDITIONS WHICH IS NOT SETTLED AMICABLY SHALL BE SUBMITTED TO THE SWISS COURTS, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS OR INTERVENTION OR GUARANTEE PROCEEDINGS, INCLUDING FOR EMERGENCY PROCEEDINGS OR PROCEEDINGS ON PETITION, AND TO SWISS LAW.
As Yoojo is not a party to the contract between the Customer and the Service Provider, it cannot be asked to help resolve a dispute between two Members. It can only invite the Members concerned to cooperate in order to find an amicable and rapid solution to their dispute.
Contracts between Yoojo and the User shall be governed by the laws of the Swiss Confederation.
The Parties agree to exclude the provisions of Swiss international civil law which may give rise to the exclusive jurisdiction of another jurisdiction.
The Parties agree to the exclusive jurisdiction of the courts at Yoojo's registered office, if the User is not resident in Switzerland.
If individual aspects of these GENERAL CONDITIONS are legally invalid, the remaining parts shall not be affected and shall remain binding.
Yoojo reserves the right to modify these TERMS AND CONDITIONS at any time and without stating the reason for such modification, as long as such modifications are based on changes in the services provided by Yoojo, changes in Yoojo or Youpijob or upon legal changes or changes due to technical requirements. This includes the offering of new services by Yoojo. The modified GENERAL TERMS AND CONDITIONS will be sent to the User in advance by e-mail and must be accepted in order to continue using the Site. If the User does not object to the amended TERMS AND CONDITIONS within six weeks, they shall be deemed to have been accepted. If the User does object, Yoojo may terminate the User Account and obtain a refund for the remainder of the respective term. Yoojo will state these legal consequences separately in the e-mail with the amended GENERAL TERMS AND CONDITIONS.
The Customer's role is to place job advertisements online, freely and under their sole responsibility, which genuinely correspond to their personal needs and include a detailed description of the service requested and a proposed remuneration.
The Client is free to choose the nature of the job sought as long as this does not contravene the laws in force or these General Terms and Conditions. They are free to set the prices of the jobs they offer in the advertisements published on the Site.
By choosing to publish a job advert, the Client :
To be put in contact with a Service Provider, the Customer must select a Service Provider by clicking on the "Book" button on the Service Provider Profile corresponding to their job advert. Once this has been done and payment for the service has been validated by credit card, the Client will be able to communicate directly with the Service Provider via Yoojo's internal private messaging system.
Yoojo draws the Clients' attention to the fact that selecting a Service Provider to carry out the provision of services which is the subject of the job advert is a firm and definitive commitment to pay the Service Provider. This firm commitment materialises from the moment the Client clicks on the order button provided for this purpose (i.e. booking the Service Provider).
Within a maximum period of 24 hours from this validation by the Client, Yoojo acknowledges this event by sending the Provider and the Client a notification message to the respective electronic addresses (e-mails) entered in their profiles. Yoojo or Youpijob cannot be held responsible for the non-receipt of this e-mail if the Client's or the Provider's e-mail address is erroneous or obsolete.
In general, Yoojo strongly recommends that the Customer carry out the necessary checks with the Service Provider before validating its choice to provide a service and/or before the service is provided, by checking, among other things (non-exhaustive list), that :
IN SO FAR AS THE SERVICE SUPPLIER CARRIES OUT PUNCTUAL SERVICES, HE IS RESPONSIBLE FOR MAKING ALL THE REQUIRED APPLICATIONS TO THE COMPETENT PUBLIC AUTHORITIES REGARDING ANY DECLARATION AND THE PAYMENT OF ANY TAX RELATED TO HIS REMUNERATION. IN THE EVENT OF RECURRENT MISSIONS CARRIED OUT BY THE SERVICE SUPPLIER FOR THE SAME CUSTOMER, THE SERVICE SUPPLIER IS THEREFORE OBLIGED TO MAKE ALL NECESSARY APPLICATIONS TO THE COMPETENT PUBLIC AUTHORITIES.
Yoojo shall under no circumstances be held liable for any failure by the Client to fulfil its reporting obligations.
If, after selecting and validating a Service Provider Profile that matches one of their adverts, the Customer wishes to cancel the service, they are asked to cancel their job from their dashboard, thereby notifying the Service Provider.
In the event that the Customer withdraws, Yoojo may, if it sees fit and without any guarantee in this respect, turn to the Provider to ask whether or not it agrees to give up the job, it being emphasised that validation of the Provider Profile by the Customer creates a contract between them to which Yoojo is a third party, so that, in all cases, only the Members are entitled to settle any disputes between them.
In order to make the selection of Providers on the Site as relevant as possible, Yoojo has set up an assessment and evaluation system.
Customers are also invited to rate the Service Providers who have provided services for them, in order to inform other Members about their reliability and efficiency.
In all cases, the Customer must avoid any abusive, slanderous, defamatory or any other reprehensible word against a Service Provider with whom it may be in conflict or dispute, under penalty of receiving a warning from Yoojo or being purely and simply excluded from the Site.
Job advertisements published on the Site by the Customer must comply with current legislation.
It is forbidden to publish job advertisements on the Site that contravene legal provisions, public policy, accepted standards of behaviour or these General Terms and Conditions.
The location of the job is freely decided by the Client and must be indicated as accurately as possible in the job advert.
The location of the job may be a private space belonging to the Client or the Service Provider if the job can be carried out at home, or a public space.
If the job takes place in a private space belonging to the Client, the Client must make the space available to the Service Provider for the proper performance of the services, taking all necessary precautions for its surveillance and insurance.
If the job takes place in a private area that does not belong to the Client, the Service Provider may not be asked to pay additional costs on arrival at the location if the Service Provider has not been informed of this in advance in the job advertisement.
The Client undertakes to do whatever is necessary to ensure that the job can take place at the location indicated in the description of the service appearing in its job advert.
The date, time and duration of the job are freely chosen by the Customer (who may agree with the Service Provider to modify them if necessary).
The price of the service set freely by the Customer must be denominated in Pounds.
Yoojo reserves the right to make spelling, grammatical and syntactical changes to any content published on the Site without this altering the nature of the service for which a Provider is sought. Yoojo is not obliged to notify these changes to the Members.
No changes may be made by the Client to the nature, description, location, price, date and/or duration of the service indicated in the job advert once the Client has selected the Service Provider to carry out the said service and validated their choice.