General Terms and Conditions
Article 1 - Purpose
These General Terms of Service (hereinafter "GTS") are intended to define the terms and conditions of access to and use of the Platform yoojo.uk as well as the "Yoojo Jobber" application exclusively intended for Service Providers (hereinafter the "Application"), published by the Swiss law company Netdistrict SA (hereinafter "Yoojo"), as well as the rights and obligations of Users in this context.
These GTS exclusively govern the use of the Platform and the services provided by Yoojo. They do not govern the contractual relationships that may be entered into directly between Clients and Service Providers in connection with the performance of a Service, as the latter act in their own name and on their own behalf.
Article 2 - Definitions
Regulated Activity: means any activity whose exercise is subject to an authorisation regime or to compliance with specific legal or regulatory requirements, without access thereto being conditional upon holding a specific diploma, title or professional qualification;
Client: means any adult natural person with the legal capacity to contract, or any duly represented legal entity, using the Platform to search for, book or benefit from a Service offered by a Service Provider;
Consumer: means any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, professional or agricultural activity;
Platform: means the digital platform accessible in particular at yoojo.uk as well as the "Yoojo Jobber" Application, published by Yoojo, as well as all the functionalities, interfaces, tools and services offered thereon to Users;
Service Provider: means any natural person acting in their own name, including as a sole trader, registered on the Platform to offer and/or perform Services for the benefit of Clients;
Service: means any task, mission or service offered by a Service Provider and which may be the subject of a request, a match, a booking or a performance through the Platform;
Professional: means any natural or legal person, public or private, acting for purposes falling within the scope of their commercial, industrial, craft, professional or agricultural activity, including when acting on behalf of or for the account of another professional;
Regulated Profession: means any activity whose access or exercise is subject to obtaining a diploma, title or certificate, passing a specific examination or validating professional experience, in accordance with applicable legal or regulatory provisions;
Termination: means the definitive measure by which the contract binding the User to Yoojo is brought to an end. Termination results in the permanent deletion of the User's account and the cessation of all rights and obligations arising from these GTS, subject to the provisions that survive termination (ongoing payment obligations, liability clauses, provisions relating to ongoing disputes);
Suspension: means the temporary measure by which Yoojo blocks a User's access to all or part of the Platform's functionalities. During the suspension period, the User may not publish new requests or offers, nor make new bookings. Transactions in progress at the time of suspension may be maintained or suspended depending on the nature of the breach identified. Suspension is reversible and may be lifted by Yoojo at the end of the suspension period or after regularisation by the User;
User: means indiscriminately any person accessing the Platform, in any capacity whatsoever, whether as a Client, Service Provider or simple visitor;
Wallet or Kitty : means the electronic money account or escrow space opened in the User's name with a payment service provider partnering with Yoojo, enabling in particular the receipt, holding, sequestration or transfer of amounts related to Services performed via the Platform;
Article 3 - Role of Yoojo
3.1 Intermediary Platform
Yoojo operates a digital Platform enabling the matching of Clients and Service Providers with a view to the performance of Services.
In this capacity, Yoojo provides a technical intermediation service comprising in particular:
the publication and consultation of Service requests;
the publication and consultation of Service offers;
the matching between Clients and Service Providers;
the provision of communication tools between Clients and Service Providers;
the facilitation of payments via partner payment service providers;
as well as ancillary services offered on the Platform.
In the context of providing its services, Yoojo acts exclusively as a technical intermediary. In this capacity, Yoojo:
is not a party to contracts entered into between Clients and Service Providers;
does not intervene in the contractual relationship between Clients and Service Providers;
does not act as an employer, temporary staffing agency or recruiter;
does not exercise any subordination relationship with respect to Service Providers;
does not act as an agent for Clients or Service Providers;
does not itself provide the Services offered on the Platform.
Consequently, Clients and Service Providers contract directly with each other and are solely responsible for the proper performance of the agreed Services.
3.2 Limits of Yoojo's Intervention
Yoojo exercises no control over:
the quality, compliance or performance of Services;
the skills, qualifications, insurance or authorisations of Service Providers;
the truthfulness or accuracy of information communicated by Users on the Platform.
Any information, recommendations or tools that Yoojo may provide, particularly regarding the estimated duration of a Service or prevailing price levels, are provided for purely indicative purposes and shall not bind its liability in any way.
3.3 Third-party Services and Payments
The payment services available on the Platform are provided by third-party payment service providers, in particular Mangopay.
Yoojo is not a payment institution and does not itself hold funds. Amounts paid in connection with Services are processed by these third-party providers in accordance with their own contractual terms.
3.4 Absence of Insurance Qualification
Any support or compensation mechanisms offered by Yoojo, in particular within the framework of the "Yoojo Cover" service, do not constitute an insurance contract.
These mechanisms are optional, limited and implemented at the sole discretion of Yoojo, under the conditions defined in the Article Yoojo Cover and Yoojo Cover Plus Services.
Article 4 - Access to the Platform
4.1 Access as a Client
The Platform is accessible to any adult natural person with the legal capacity to contract, as well as to any duly represented legal entity wishing to publish a Service request.
Creating an account is mandatory to publish a Service request and access the Platform's services.
The Client undertakes to:
provide accurate, complete and up-to-date information;
not misappropriate the identity of a third party;
use the Platform in accordance with these GTS.
The Client is solely responsible for the information they provide, in particular in connection with the description of the Services sought.
4.2 Access as a Service Provider
Registration as a Service Provider is reserved for natural persons acting in their own name, including as sole traders, who have the legal capacity and the right to work.
Legal entities are not authorised to register as a Service Provider.
The Service Provider undertakes to:
only offer or accept Services they are able to perform;
provide accurate, complete and up-to-date information regarding their identity, skills and activity;
comply with the regulations applicable to their activity;
use the Platform in accordance with these GTS.
4.3 Account Creation and Security
Use of the Platform requires the creation of a personal account.
The account is strictly personal. It may not be transferred, shared or used by a third party.
The User is solely responsible for the confidentiality of their login credentials and the use of their account.
Any action carried out via the account is deemed to have been performed by its holder.
4.4 Verification of Information and Compliance (KYC)
Yoojo may implement procedures for verifying information provided by Users, in particular to fulfil its own legal obligations and those of its partners, especially with regard to fraud prevention and regulatory compliance.
4.4.1 Verifications Applicable to All Users
Yoojo may request any supporting document necessary for the verification of identity and declared information.
4.4.2 Specific Verifications for Service Providers
As part of their registration and use of the Platform, Service Providers may be required to provide additional information and documents, in particular to enable the verification of their identity, their eligibility and compliance with applicable regulatory obligations.
To this end, Yoojo may request the Service Provider to provide any useful document, including in particular:
an official identity document;
where applicable, supporting documents relating to the right of residence and the right to work;
additional documents enabling the consistency of the declared information to be verified, in particular between the Service Provider's identity and their photograph.
These documents may be used for internal verification purposes and/or transmitted to Yoojo's partners, in particular payment service providers, as part of know-your-customer (KYC) procedures.
Certain documents may be collected for verification purposes and then deleted after review, in accordance with the Platform's Privacy Policy.
Depending on the nature of the services offered, Yoojo may implement additional verifications, such as the provision of a criminal record extract, in particular for certain categories of sensitive Services (e.g. childcare or care for vulnerable persons).
Yoojo does not carry out systematic verification of:
diplomas, qualifications or experience declared by Service Providers;
whether Service Providers have taken out professional or personal insurance.
It is the responsibility of Clients to carry out any checks they deem useful before selecting a Service Provider.
Article 5 - Services Provided by Yoojo
5.1 Matching Service
Yoojo makes the Platform available, enabling:
Clients to publish service requests describing their needs;
Service Providers to consult these requests and offer their services.
The Client is solely responsible for the content of their request, including the description of the Service, the estimated number of hours and the conditions of performance.
Service Providers are free to offer their services and set their terms of engagement in compliance with applicable regulations.
5.2 Communication Tools
Yoojo provides Users with tools enabling them to exchange information in connection with the preparation and performance of Services.
Users may also choose to communicate outside the Platform, at their own risk. In that case, Yoojo no longer guarantees the proper functioning of services associated with the Platform, in particular regarding payment and dispute management.
5.3 Payment Service
In accordance with the Article Third-party Services and Payments, Yoojo offers Clients a service for the payment of Service Providers according to the terms set out below.
5.3.1 Payment via Mangopay
Yoojo enables payments between Clients and Service Providers through a third-party payment service provider, in particular Mangopay.
In this context:
funds paid by the Client are held in escrow in a Wallet opened in their name;
payment of the Service Provider takes place under the conditions defined in the Article Payment of Service Providers by Clients.
By using the Site, members of the site accept the general terms and conditions of use of the Mangopay platform, available at the following address: https://yoojo.com/Mangopay_Terms-EN.pdf
5.5 Yoojo Cover and Yoojo Cover Plus Services
5.5.1 Nature and Purpose of the Service
Yoojo offers every Client, free of charge and for all Services performed via the Platform, a support service called Yoojo Cover, intended to facilitate the management of material damage caused by a Service Provider during the performance of a Service.
This service does not constitute an insurance contract within the meaning of the Insurance Code and does not impose any obligation on Yoojo to systematically cover claims. It does not replace the Client's personal insurance or that of the Service Provider.
The implementation of the Yoojo Cover or Yoojo Cover Plus service is purely commercial, optional and discretionary in nature. It does not in any way constitute an acknowledgement of liability on the part of Yoojo or the Service Provider, nor an admission of fault, nor a waiver of any limitation or exclusion of liability provided for in these GTS.
5.5.2 Terms of Intervention
In the event of material damage caused by a Service Provider during the performance of a Service, Yoojo may, after analysing the file and at its sole discretion, propose one of the following solutions:
the performance of a new Service by the original Service Provider or by another Service Provider available on the Platform, subject to availability;
a financial contribution towards the alleged material damage, within the limits set out below.
To benefit from the Yoojo Cover or Yoojo Cover Plus service, the Client must:
submit their request within seven (7) calendar days of the date of performance of the Service;
accompany their request with all supporting documents enabling the reality and amount of the damage to be established, in particular: photographs, purchase invoices, repair or replacement quotes, exchanges with the Service Provider.
The declaration of a dispute pursuant to the Article Dispute Relating to a Service also constitutes a declaration under the Yoojo Cover and Yoojo Cover Plus Services.
Any request submitted out of time or not accompanied by the required supporting documents may be declared inadmissible by Yoojo.
5.5.3 Prices and Coverage Limits
The maximum amount of Yoojo's financial contribution is limited depending on the formula subscribed to:
Yoojo Cover
(free plan, included for all Services): financial contribution capped at two hundred and fifty pounds sterling (£250);
Yoojo Cover Plus
(paid plan, subscribed at booking): financial contribution capped at one thousand five hundred pounds sterling (£1,500).
The price of the Yoojo Cover Plus service is calculated on the basis of a percentage of the price of the Service concerned, together with a minimum amount where applicable. It is clearly identified and communicated to the Client at the time of booking, prior to any subscription.
5.5.4 Exclusions
Expressly excluded from the scope of the Yoojo Cover and Yoojo Cover Plus services are:
cases of theft, loss or disappearance of goods entrusted to the Service Provider or present at the place of performance of the Service. These situations cannot be covered by Yoojo under this service. Clients who believe they have been the victim of theft or disappearance of goods are invited to initiate appropriate legal proceedings with the competent authorities;
bodily injury;
intangible damage (data loss, loss of business, commercial loss, etc.);
damage resulting from a fault or negligence of the Client;
damage resulting from improper use of goods entrusted to the Service Provider.
5.6 Yoojo Plus Service (Subscription)
The Yoojo Plus subscription is entered into for an indefinite period. It is billed to the Client on a monthly or annual basis depending on the option chosen at the time of subscription:
subscription billed monthly at the price of £9.90 inclusive of tax per month;
subscription billed annually at the price of £94.80 inclusive of tax per year.
The User may cancel their Yoojo Plus subscription at any time, without penalty. Cancellation takes effect at the end of the current billing period already paid. No pro-rata refund for the unused period is due, except in the following cases:
Exercise of the right of withdrawal:
where the Consumer User validly exercises their right of withdrawal under the conditions set out in the Article Right of Withdrawal Applicable to Yoojo's Own Services (14-day period from subscription, subject to the exception for a fully performed service with express consent), Yoojo will make a full refund of the amounts paid within fourteen (14) days of receipt of the withdrawal notice, using the same payment method as used for the original transaction;
Material amendment to the subscription terms:
where Yoojo amends the features or pricing of the Yoojo Plus subscription and the User refuses the new terms, they may cancel their subscription before the amendments come into force and obtain a pro-rata refund of the unused period.
The benefits attached to the Yoojo Plus subscription are strictly personal and non-transferable. They may not under any circumstances be shared between multiple Clients.
Yoojo Plus enables:
no service fees on Service bookings;
no prepayment when booking a Service;
priority access to customer service;
access to recurring Services offered on the Platform.
Yoojo reserves the right to modify the features, pricing or terms of the Yoojo Plus subscription, subject to thirty (30) days' notice given to the Client by email to the address provided at registration. A User who refuses the new terms, provided they contain one or more material amendments, may cancel their subscription before the amendments come into force, free of charge.
Yoojo Plus benefits are limited to four (4) different Service Providers booked per calendar month. Beyond this threshold, the Platform's standard terms apply automatically and as of right.
Any abusive use of the Yoojo Plus subscription, in particular by creating multiple accounts, sharing accounts or circumventing the limitations provided for, may result in the Suspension of Yoojo Plus benefits, cancellation of the subscription or Suspension of the relevant Client's account, without prejudice to any claim for damages.
Article 6 - How Services Work
6.1 Ineligible Services
Clients and Service Providers may not request or offer, via the Platform, Services falling within the following categories:
construction, renovation or repair activities affecting the structural integrity of a building or forming part of structural works;
activities subject to a compulsory professional insurance obligation or falling within Regulated Professions;
services in the financial, legal, pharmaceutical, medical, paramedical, industrial, mechanical, aeronautical, aerospace, nuclear or arms-related engineering fields;
activities of a political, religious or militant nature;
any unlawful activity or activity contrary to public order and good morals.
Yoojo reserves the right to remove, without prior notice or compensation, any Service request or offer that does not comply with the restrictions set out in this article.
The User remains solely responsible for all consequences, in particular legal, financial and administrative, arising from an ineligible Service request or offer via the Platform.
6.2 Publishing a Service Request
The Client publishes on the Platform a Service request describing their needs, in particular:
the nature of the Service;
the date and location of the Service;
the estimated number of hours required for its performance;
any information useful for the proper performance of the Service.
The Client is the sole party entitled to define the duration for which they wish to book a Service Provider's services. Any duration recommendations that the Platform may offer are purely indicative and do not bind Yoojo's liability.
6.3 Service Provider Applications
Service Providers may offer their services in response to a Service request published by a Client.
They indicate in particular:
their rate;
their availability.
6.4 Selection of the Service Provider
The Client is free to select the Service Provider of their choice from the applications received.
This choice is made under the sole responsibility of the Client.
6.5 Booking and Prepayment
A Service booking is effective from the Client's confirmation and prepayment of the corresponding amount, except for Clients benefiting from the Yoojo Plus service.
The amount of the Service is determined on the basis of the number of hours estimated by the Client and the rate proposed by the Service Provider.
This amount is held in escrow under the conditions set out in the Article Payment of Service Providers by Clients.
6.6 Performance of the Service and Payment
At the end of the Service, the Client confirms proper performance via the Platform. This confirmation triggers payment of the Service Provider under the conditions of the Article Payment of Service Providers by Clients.
Article 7 - Financial Terms of Services
7.1 Service Pricing
Service Providers freely set the price of their Services, in particular on the basis of an hourly rate.
Proposed rates must comply with applicable regulations, in particular the statutory minimums in force.
Yoojo may provide indications of prices observed on the Platform. This information is provided for purely indicative purposes and is not binding.
7.2 Platform Service Fees
Publishing a Service request on the Platform is free of charge.
Service fees are charged to the Client upon booking a Service Provider.
The amount of service fees is equal to:
20% of the Service Provider's remuneration;
with a minimum of £5 inclusive of tax.
The Client acknowledges that these fees remunerate access to the Platform and the services provided by Yoojo in connection with the matching, the booking of a Service and the management of the corresponding transaction.
They are therefore due from the moment the Client books a Service Provider and are non-refundable, except in the event of cancellation at the Service Provider's initiative.
7.3 VAT
Under applicable tax regulations, service fees and commissions collected by Yoojo for its intermediation services are not subject to UK value added tax (VAT).
Prices displayed on the Platform are inclusive of all taxes (VAT included) under the regulations applicable to Yoojo. Each User is responsible for complying with their own tax obligations in their country of residence, in particular with regard to the potential deductibility of expenses incurred via the Platform.
7.4 Special Cases – Childcare and Pet-sitting
For childcare and pet-sitting Services, the billing arrangements differ.
In these cases:
the Service Provider's remuneration may be arranged outside the Platform;
flat-rate matching fees are charged to the Client, namely:
£9 inclusive of tax for childcare services;
£12 inclusive of tax for pet-sitting services.
7.5 Commission Applied to Service Providers
Yoojo collects a commission on the amounts paid to Service Providers in connection with Services performed via the Platform.
This commission is set at 7% of the amounts received by the Service Provider.
It is automatically deducted from the amount credited to the Service Provider's payment account upon validation of the Service.
The Service Provider may at any time request a transfer of the funds available in their Wallet to the bank account for which they have provided the details (IBAN). When making a transfer request, they may subscribe to the "instant" transfer option so that the available funds are immediately credited from their Wallet to their bank account.
This service is charged at £1 inclusive of tax per transfer.
Article 8 - Payment of Service Providers by Clients
8.1 Principle of Payment via the Platform
Payment for Services is made in accordance with the terms defined in the Article Payment Service.
The Client's confirmation of a booking creates an obligation to pay the amount corresponding to the Service, as well as the applicable service fees.
8.2 Validation of the Service and Release of Payment
At the end of the performance of the Service, payment of the Service Provider is triggered in accordance with the following terms:
8.2.1 Express Validation by the Client
The Client is invited to confirm the proper performance of the Service via the Platform as soon as it is completed. This express confirmation constitutes a presumption of proper performance of the Service with respect to Yoojo, unless a dispute is raised under the conditions set out in the Article Dispute Relating to a Service.
Payment of the Service Provider is triggered after a period of three (3) days following this confirmation, unless a dispute is raised within that period.
8.2.2 Presumption of Acceptance and Automatic Release
In the absence of express confirmation by the Client and in the absence of a dispute report under the conditions set out in the Article Dispute Relating to a Service, the Service is deemed accepted by the Client upon expiry of a period of fourteen (14) calendar days following the date of performance of the Service or, failing that, following the date on which the Service was due to be performed. Payment of the Service Provider is then automatically released at the end of this period.
At the end of this period, and in the absence of any dispute, payment of the Service Provider is triggered. The effective payment of amounts to the Service Provider takes place within three (3) days of this trigger.
8.2.3 Suspension of Payment in the Event of a Dispute
In the event of a dispute arising between the Client and the Service Provider regarding a Service, payment of the Service Provider may be suspended in accordance with the provisions of the Article Dispute Relating to a Service.
8.3 Payment for Overtime
Any additional remuneration for overtime must be expressly agreed by the Client.
In the absence of such agreement, no additional amount may be claimed from the Client.
8.4 Proof of Transactions
Records maintained by the payment service provider serve as proof of transactions carried out via the Platform.
Payment receipts and transaction statements are accessible from the User's account.
Article 9 - Right of Withdrawal
9.1 Non-applicability of Yoojo's Right of Withdrawal for Contracts Concluded between Clients and Service Providers
In accordance with the Article relating to Yoojo's role, Yoojo is not a party to service contracts concluded between Clients and Service Providers through the Platform.
Consequently, the applicable provisions regarding consumers' right of withdrawal are not enforceable against Yoojo under these contracts.
Any right of withdrawal attaches to the contract concluded directly between the Client and the Service Provider, where the latter acts as a Professional and the Client acts as a Consumer, in accordance with applicable legal provisions in the United Kingdom, in particular the Consumer Rights Act 2015.
The Consumer Client should contact the Service Provider directly to exercise, where applicable, their right of withdrawal under the conditions and within the time limits provided by applicable regulations.
9.2 Yoojo's Obligations as a Platform Operator
Yoojo undertakes to:
Indicate the status of Service Providers:
for each offer published on the Platform, Yoojo specifies whether the Service Provider is acting as a Professional or as a private individual;
Inform about the right of withdrawal:
Yoojo indicates, for each offer, whether or not the Client benefits from a statutory right of withdrawal, depending on the status of the contracting parties;
Enable the communication of pre-contractual information:
Yoojo provides Service Providers with the means necessary to communicate to Clients the information required by applicable consumer protection regulations.
It is the responsibility of Service Providers to provide this information in a complete, accurate and compliant manner.
9.3 Right of Withdrawal Applicable to Yoojo's Own Services
Where Yoojo acts as a direct contracting party with respect to a User who is a Consumer, the latter shall have a right of withdrawal in accordance with the applicable consumer protection provisions under UK law, in particular the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
The Consumer has a period of fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal, without having to give any reason.
The right of withdrawal may be exercised by any unambiguous means, in particular:
by using the withdrawal form made available by Yoojo;
or by sending a clear statement to the customer service email address (contact@yoojo.com).
Yoojo will send an acknowledgement of receipt of the withdrawal request on a durable medium as soon as possible.
In accordance with applicable regulations, the right of withdrawal may not be exercised for services fully performed before the end of the withdrawal period, provided that:
the Consumer gave their prior express consent to the performance of the service;
and acknowledged that they would lose their right of withdrawal once the service was fully performed.
In the event of valid exercise of the right of withdrawal, Yoojo will refund the amounts paid within fourteen (14) days of receipt of the request, using the same payment method as used for the original transaction, unless otherwise agreed.
Article 10 - Cancellation of a Service
10.1 Cancellation Before Performance of the Service
The Client and the Service Provider may cancel a booking before the start of the Service.
Cancellation brings the Service booking to an end for the future, without prejudice to the financial consequences defined below.
10.1.1 Cancellation at the Client's Initiative
In the event of cancellation of the Service by the Client before its performance, the amount corresponding to the Service Provider's remuneration will not be paid to the latter and will be re-credited to the Client's Wallet.
However, the service fees collected by Yoojo at the time of booking remain due to Yoojo in accordance with the Article Platform Service Fees.
10.1.2 Cancellation at the Service Provider's Initiative
In the event of cancellation of the Service by the Service Provider before its performance, the amount corresponding to the Service remuneration will not be paid to the latter and will be re-credited to the Client's Wallet.
The Client will also receive a credit corresponding to the amount of the service fees initially paid, enabling them to make a new booking on the Platform at no additional cost, within the limit of a 20% difference between the service fees due for the cancelled Service and those for the second booked Service.
10.2 Cancellation after Full or Partial Performance of the Service
A Service cannot be validly cancelled by the Client after it has been fully or partially performed.
Where a Client disputes a Service they consider to have been poorly performed, incomplete or non-compliant, the matter falls under the dispute procedure provided for in the Article Dispute Relating to a Service and not under a cancellation.
10.3 Consequences of Repeated or Abusive Cancellations
Repeated, late, abusive or otherwise contrary-to-normal-use cancellations may be taken into account by Yoojo for the purposes of temporarily suspending an account or terminating it under the conditions set out in the Article Suspension and Termination.
Cancellations attributable to the Service Provider may also be factored into the referencing criteria for their profile on the Platform when applying for a Client's Service request.
Article 11 - Obligations of Service Providers
11.1 Status and Independence
The Service Provider acts as an independent Professional or as a private individual acting in their own name. They freely organise their activity and remain solely responsible for accepting Services, the conditions under which they perform them, and the setting of their rate.
No relationship of subordination, agency or representation may be characterised between Yoojo and the Service Provider. The Service Provider expressly acknowledges that they are not an employee of Yoojo.
11.2 Pre-contractual Information from Service Providers
In accordance with the applicable provisions on pre-contractual information under UK law, in particular the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Professional Service Providers are required to communicate to Consumer Clients, prior to the conclusion of any contract, the pre-contractual information required by law.
To this end, Yoojo gives Service Providers the opportunity to exchange with the Client in order to enable them to provide and communicate to the Client the following information: the essential characteristics of the proposed Service, the price of the Service, their contact details, where applicable the registration number in the trade and companies register or the craft directory, as well as any other information required by applicable texts depending on the nature of the Service.
It is the Service Provider's responsibility to provide this information accurately, completely and in an up-to-date manner. Yoojo shall not be held liable for any inaccuracies or omissions attributable to the Service Provider in the communication of this pre-contractual information.
11.3 Performance of Services
The Service Provider undertakes to perform Services in accordance with the commitments made to the Client, in compliance with the agreed conditions and the hourly volume defined at the time of booking.
It is their responsibility to ensure, prior to accepting a Service, that they have the necessary skills, resources and availability for its proper performance.
11.4 Compliance with Regulations
The Service Provider undertakes to comply with all applicable legal and regulatory obligations relating to their activity, in particular those relating to their status, their tax and social obligations, and any specific rules relating to the Services offered.
Where the proposed Service constitutes a Regulated Activity, the Service Provider undertakes to verify that they meet all the legal and regulatory conditions required for its exercise (in particular in terms of authorisation, declaration, insurance or professional capacity) and to comply with them strictly.
11.5 Information Communicated on the Platform
The Service Provider is solely responsible for the information they communicate on the Platform, in particular that relating to their identity, skills, experience or qualifications.
11.6 Insurance
The Service Provider is solely responsible for taking out the insurance necessary for the exercise of their activity.
Yoojo does not verify the existence or validity of any insurance taken out by the Service Provider.
11.7 Use of the Platform
The Service Provider undertakes to use the Platform in accordance with its purpose and not to engage in fraudulent, abusive or contrary-to-GTS behaviour.
They are in particular prohibited from disrupting the operation of the Platform or seeking to conclude Services outside of it.
Article 12 - Dispute Relating to a Service
12.1 Occurrence of a Dispute
In accordance with the Article Role of Yoojo, the Client and the Service Provider contract Services in their own name and on their own behalf.
Consequently, any dispute relating to the performance, non-performance or defective performance of a Service falls exclusively within the contractual relationship established between the Client and the Service Provider.
In the event of a difficulty relating to a Service, the Client or the Service Provider may report a dispute via the Platform within seven (7) days of the performance of the Service.
The report must be accompanied by all relevant information enabling its nature and extent to be assessed.
Yoojo may, at its sole discretion, intervene in order to facilitate the resolution of the dispute, in particular by:
contacting the parties;
gathering their observations;
proposing an amicable solution.
This intervention constitutes mere assistance in the resolution of the dispute.
Yoojo does not act as a mediator/conciliator within the meaning of applicable texts, nor as an arbitrator, and has no binding decision-making power over the parties.
12.2 Suspension of Payment
In the event of a dispute reported under the conditions set out above, payment for the Service may be suspended, subject to the absence of confirmation of the Service's performance by the Client that has given rise to a payment of funds to the Service Provider pursuant to the Article Express Validation by the Client.
The funds shall then remain held in escrow until the Client decides to release them in favour of the Service Provider.
12.3 Absence of Agreement between the Parties
In the absence of an amicable agreement between the Client and the Service Provider, the parties retain the right to assert their rights by any legal means.
Yoojo shall not be held liable for the outcome of the dispute.
Article 13 - Liability of Yoojo
13.1 Role of Technical Intermediary
In accordance with the Article Role of Yoojo, Yoojo acts as a technical intermediary for the matching of Clients and independent Service Providers.
13.2 Operation of the Platform
Yoojo endeavours to ensure the proper functioning and availability of the Platform.
However, Yoojo shall not be held liable for interruptions, malfunctions or unavailability of the Platform that are not attributable to it or that result in particular from technical constraints, maintenance operations or external events, subject to the provisions of the Article Gross or Wilful Misconduct.
13.3 Limitation to Direct Damages
Yoojo's liability, where established, is strictly limited to direct damages resulting from a proven fault on Yoojo's part in the provision of the intermediation service. Yoojo shall in no event be held liable for indirect damages, including loss of opportunity, loss of revenue or turnover, commercial loss, reputational damage or any other indirect harm, even if Yoojo was informed of the possibility of such damages.
13.4 Cap on Liability
In cases where Yoojo's direct liability is established, it is capped at the total amount of sums received by Yoojo in connection with the Service that is the subject of the dispute.
13.5 Exclusion of Liability for Acts of Third Parties
Yoojo shall not be held liable for damages resulting from acts, deeds or omissions attributable to Service Providers, Clients or any third party involved in the Service.
13.6 Gross or Wilful Misconduct
The limitations and exclusions of liability set out in this article do not apply in the event of gross or wilful misconduct on the part of Yoojo, nor in cases where applicable law prohibits the contractual limitation or exclusion of liability.
Article 14 - Client Reviews and Ranking of Service Providers
14.1 Client Reviews
At the end of a Service, the Client may post a public review and rating of the Service Provider.
The publication of a review by a Client does not give rise to any financial or other consideration from Yoojo.
A review is published within a maximum of forty-eight (48) hours of its validation by its author.
Clients may, as part of this rating, publish photographs or any other content related to the Service performed.
In accordance with applicable provisions under UK law regarding the transparency of online reviews, Yoojo implements the following measures in relation to Client reviews published on the Platform:
14.1.1 Control and Moderation of Reviews
Reviews published on the Platform are subject to moderation using automated tools for detecting non-compliant content (content that is manifestly unlawful, inappropriate or contrary to these GTS, in particular abusive, defamatory, discriminatory remarks or those infringing on privacy).
Yoojo reserves the publication of a review on a Service Provider to Clients who have benefited from a Service of that Service Provider.
However, Yoojo does not guarantee the accuracy, completeness or reliability of the reviews published, which reflect the personal opinion of their authors.
Reviews are published under the sole responsibility of their author.
Service Providers may not modify reviews relating to them.
14.1.2 Publication Date and Updates
Each review published on the Platform indicates the date of its initial publication or the date of its last modification by its author.
14.1.3 Information in the Event of Rejection
Where a review is not published following the moderation process, the Client who authored the review is informed, by notification on the Platform or by email, of the reasons that led to the rejection of their review, within a reasonable period following the decision not to publish.
14.1.4 Reporting of Reviews
Yoojo makes available to all Users a mechanism for reporting content published by other Users on the Platform.
The categories of content that may be reported include in particular: manifestly unlawful content (incitement to hatred, sexual content involving minors, glorification of crimes), false or manifestly fraudulent reviews, identity theft or misleading profiles, listings offering services contrary to the law or these GTS, as well as any other content infringing on the rights of third parties.
Any report must indicate the content concerned, the category of illegality invoked and, to the extent possible, the elements supporting the report.
Manifestly unfounded or abusive reports may result in the suspension of the reporting mechanism for the User concerned.
The author of the report is informed, by notification on the platform or by email, of the follow-up given to their report, in particular the decision to remove or maintain the content, and the reasons for that decision. This information is provided within 15 working days of receipt of the report.
14.2 Ranking of Service Providers
Yoojo informs Users of the main parameters used by its algorithmic system for the ranking and presentation to the Client of Service Providers who have applied for a Service request.
By default, Service Provider candidates for a Service are presented to the Client according to their visibility score, the main parameters taken into account being: the number of Services performed via the Platform, the overall satisfaction rate derived from Client ratings, the cancellation rate for accepted Services, the distance between the Service Provider and the location of the service, and the quality and completeness of the Service Provider's profile (photographs, description, certifications, etc.).
Users are informed that the Client may choose to sort candidate Service Providers according to the following criteria: by price, by number of Services performed or by date of application for the Service.
Yoojo expressly declares that no capital link, direct or indirect remuneration, nor any commercial agreement between Yoojo and a Service Provider influences the algorithmic ranking of profiles. The commission received by Yoojo on Service Providers' revenues does not constitute a ranking parameter and does not influence the visibility of Service Providers on the Platform.
Article 15 - Suspension and Termination
15.1 Suspension or Termination at Yoojo's Initiative
15.1.1 Notice Period
Except in the event of a serious breach as defined below, any decision to Suspend or Terminate a User's account is preceded by fifteen (15) calendar days' notice, sent by email to the address provided by the User at registration.
During this period, the User is invited, where applicable, to remedy their situation. Failing remediation within this period, Yoojo may proceed with the Suspension or Termination of the account.
15.1.2 Serious Breaches
Serious breaches justifying immediate Suspension or Termination of a user's account, without notice, include: any fraudulent behaviour or attempted fraud, any attack on the security of the Platform or Users' data, any serious violation of these GTS, any unlawful act committed via the Platform, and any behaviour that infringes upon the rights or safety of other Users.
Yoojo reserves the right to assess the seriousness of the breaches and determine the appropriate measure. Depending on the nature of the breach identified, Yoojo may in particular:
temporarily suspend access to the account;
permanently terminate the account.
15.1.3 Consequences of Termination
In the event of account termination, the User retains access to their personal data for a period of thirty (30) days following termination, enabling them to make a copy.
Amounts owed to the User and not yet paid at the time of termination will be reimbursed within thirty (30) days, subject to the absence of any ongoing dispute and compliance with these GTS.
Yoojo shall not be held liable for the consequences resulting from the suspension or termination of an account.
15.2 Termination at the User's Initiative
The User may at any time request the deletion of their account.
Such deletion is effective subject to the fulfilment of ongoing obligations, in particular in the event of an ongoing Service or an unfinished transaction.
Yoojo also reserves the right to archive data relating to a deleted account in accordance with its Privacy Policy.
15.3 Multiple Accounts and Circumvention
The creation or use of multiple accounts by the same User, in particular for the purpose of circumventing the Platform's rules, may result in the suspension or deletion of all accounts concerned.
15.4 Termination for Inactivity of a User Account
An account is considered inactive where no login or transaction has taken place for a period of three hundred and sixty-five (365) consecutive calendar days.
Yoojo notifies the User by email to the address provided at registration, at least thirty (30) days before the Termination of the account, enabling them to reactivate their account or recover the balance of their E-wallet.
If the User does not respond within this period, the account is terminated and the Wallet balance is deemed abandoned within the meaning of these terms.
However, the User may claim the balance of their E-wallet within twelve (12) months of the date of Termination of the account for inactivity, by submitting a written request to Yoojo's customer service. After this twelve (12) month period, the balance is definitively acquired by Yoojo and may no longer be the subject of any claim of any nature whatsoever.
An account terminated for inactivity cannot be reactivated. A User wishing to use the Platform again must create a new account.
Article 16 - Internal Complaints Handling System
Yoojo establishes an internal complaints handling system, freely accessible to all Users of the Platform.
The decisions by Yoojo that may be subject to a complaint are as follows: the removal or restriction of content published on the Platform, the Suspension or Termination of a User account, the de-referencing or restriction of visibility of a Service Provider account or of a Service request or offer.
Any complaint may be addressed to Yoojo within six (6) months of the notification of the decision to the User, by email (contact@yoojo.com), or via the complaint form accessible from the User's personal space. The complaint must specify the contested decision, the grounds for the contest and, where applicable, the relevant supporting evidence.
Yoojo undertakes to acknowledge receipt of the complaint within seventy-two (72) working hours and to notify its reasoned decision within fifteen (15) working days of receipt of the complete complaint. In the event of particular complexity, this period may be extended by an equivalent period, subject to informing the user accordingly.
If the User is not satisfied with the decision made by Yoojo under the internal complaints handling system, they may have recourse to a certified out-of-court dispute resolution body approved under the Online Safety Act 2022 and applicable UK legislation on digital services, by the competent national authority.
Recourse to this body is voluntary for the User and is without prejudice to their right to bring proceedings before the competent courts.
Article 17 - Protection of Personal Data
Yoojo collects and processes personal data relating to Users in the context of the use of the Platform.
Such processing is carried out in accordance with applicable personal data protection regulations.
The terms for the collection, processing and retention of personal data, as well as Users' rights, are described in the Privacy Policy.
Article 18 - Intellectual Property
18.1 Yoojo's Rights
The Platform, as well as all elements comprising it, including its structure, architecture, functionalities, texts, graphics, logos, databases and software, are protected by intellectual property rights.
These elements are the exclusive property of Yoojo.
Any reproduction, representation, modification, exploitation or use, in whole or in part, of the Platform or any of its elements, without the prior written authorisation of Yoojo, is strictly prohibited.
18.2 Content Published by Users
By publishing any content on the Platform (including Service descriptions, photographs, reviews, messages or any other element), the User grants Yoojo a non-exclusive, royalty-free and worldwide licence over such content.
This licence is granted for the duration of the User's use of the Platform, extended by a period of twelve (12) months following the date of termination or closure of their account, solely for archiving purposes and the handling of disputes ongoing at that date.
The licence includes the rights of reproduction, representation, adaptation and distribution of the content on any medium, digital or physical, in the context of the operation of the Platform and its commercial promotion.
The User warrants that they hold all necessary rights to grant this licence and that the published content does not infringe on the rights of third parties.
Article 19 - Mediation
In the event of an unresolved dispute, the Consumer User may have recourse to an out-of-court dispute resolution procedure.
In accordance with UK law, Consumer Users may refer their dispute to a certified Alternative Dispute Resolution (ADR) body approved by the Chartered Trading Standards Institute (CTSI). A list of approved ADR bodies is available at: https://www.gov.uk/government/publications/alternative-dispute-resolution-certified-bodies
Users residing in the United Kingdom may also contact competent mediation bodies recognised at national level.
Recourse to mediation is optional and does not prevent the User from bringing proceedings before the competent courts.
Article 20 - Applicable Law and Jurisdiction
20.1 Professional Users
For Users with Professional status, these GTS are governed by Swiss law.
Any dispute relating to the formation, interpretation, performance or termination of these GTS shall be subject to the exclusive jurisdiction of the courts of the registered office of Netdistrict SA, unless mandatory legal provisions provide otherwise.
20.2 Consumer Users Residing in the United Kingdom
Notwithstanding the choice of Swiss law, Users with Consumer status who habitually reside in the United Kingdom benefit from the mandatory provisions of UK law on consumer protection, in particular the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, in accordance with applicable UK private international law rules.
These Users may bring proceedings before the competent courts of their place of residence in the United Kingdom, in accordance with applicable UK jurisdictional rules.
Yoojo may also bring proceedings before the courts of the User's place of residence in the United Kingdom.
Annex 1 - Model Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)To [the Professional inserts their name, postal address and email address here]:
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods (*)/for the provision of the following services (*):
Ordered on (*)/received on (*):
Name of Consumer(s):Address of Consumer(s):Signature of Consumer(s) (only where this form is notified on paper):
Date:(*) Delete as appropriate.