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Terms & Conditions

  • "Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, BYMYGO Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform or Application.

  • "Customer" means a USER who is registered at our platform and receives information of business professionals regarding his/her needs, or otherwise uses the Application to receive, pay for, review, or facilitate the receipt of BYMYGO services.

  • "USER" means a person who completes BYMYGO account registration process or a person who submits or receives a request through BYMYGO, including but not limited to Service Providers.

  • "Platform" means BYMYGO website, Application, software, processes and any other services provided by or through BYMYGO.

  • "BYMYGO Products, Services and Experiences" means the services listed, quoted, scheduled, offered or provided by registered businesses, and people or sought, scheduled or received by Customer recipients, through the Application.

  • "Service Providers or Businesses" means a member who is registered to send quotes for BYMYGO Services, or otherwise uses the Platform to offer, provide, receive payment for, or facilitate the provision of BYMYGO Services.

  • "BYMYGO Content" means all Content BYMYGO makes available on or through its Platforms, (website, App) including any Content licensed from a third party, but excluding User Content.

  • "User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the platform by any Member or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, and payments made through the Platform, but excluding BYMYGO Content.

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With regard to the personalised services provided by BYMYGO, the following conditions and all applicable statutory rules apply. By using the BYMYGO platform, the qualified professional or business, Customer or Service Provider accepts that these conditions are bound. 

 

1. GENERAL MATTERS

  1. BYMYGO IS ESTABLISHED UNDER THE LAWS AND TERMS OF EUROPEAN LAW (“WE”, “US”, or “OUR”).

  2. BYMYGO is a software, (App and a Website) that serves as a means to find the right businesses, professional services and experiences to satisfy customer demand. The Software provides information about service Providers.

    Types of services may include the following ones:

     

    1. Nutritionists

    2. Fitness & Trainings services

    3. Beauty & Wellness services

    4. Video & Marketing services

    5. Healthy products

    6. Household items

    7. Food and beverages

    8. Gifts

    9. Plastic-free

    10. Delicacies

    11. Accessories, Bags

    12. Office & Productivity

    13. Luxury products

    14. Personal care products

    15. Beauty and skincare products 

    16. Innovative tech & gadgets

    17. Furniture & Household

    18. Dry cleaning & premium delivery

    19. Vouchers

    20. Experiences that include: travel, accommodation, learning, sports, hobbies, tickets & event, dining etc.

    21. Other products & services and experiences that we may add from time to time (“Products and services ”).

       

  3. The Platform allows you to send a request to a Product/Service Provider. For Products: If you have chosen to buy Products, you simply proceed to checkout within the app and find all the necessary information such as product details, image, video, pricing, the business description to make sure your purchasing experience meet your standards. For Services: If the Service Provider accepts your request, the Platform notifies you and provides information regarding the Service Provider - including name, pictures, videos, location and the ability to contact the Service Providers through the App. The Service Provider has sole and complete discretion to accept or reject each of your requests for the Service. The Provider also has sole and complete discretion over whether to use the Software (“an Website/App and business account”) to receive the leads generated through the Website/App.

  4. We will make our best reasonable effort to bring you in contact with professional services, and businesses in order to reserve services, subject to the availability of the Provider at the moment of your request for Services.

  5. We will make our best reasonable effort to enable you to find what you need from our network of businesses.

  6. FOR THE AVOIDANCE OF DOUBT, WE ARE A TECHNOLOGY COMPANY, we do not employ the Product/Service Providers and we are not responsible for any acts and/or omissions of the Product/Service Providers. The Software (“Website and App”) is simply a means to ease the search of the Product/Service providers. It is up to the Product/Service Providers to offer the Services to you and it is up to you whether to accept their offers or not.

2. TERMS FOR USING THE PLATFORM FOR BOTH “PROVIDER, SELLER, BUSINESS OWNER” AND “CUSTOMERS”.

  1. You represent and warrant that you are an individual legally entitled to enter into a binding agreement under the EUROPEAN LAW, in particular the Terms of Use, to use the Platform and that you are at least 16 years old. Otherwise, the relevant Product/Service Provider or we will be entitled by law to cancel any agreement entered into with you. You further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. If you are registering on behalf of a legal entity, you also represent and warrant that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service and the Website or App.

  2. “Customers”- We collect and process your personal information, such as your name, e-mail address, age, mobile telephone number and address when you submit your request. You must provide accurate and complete information, keep the information up to date and agree to provide us whatever proof of identity we may reasonably ask for. If any of the personal information that you have provided to us changes, for example, if you change your email address, telephone number, or if you wish to cancel your account, please update your details by sending your request to us. We will, to the best of our abilities, effect such changes as requested within fourteen (14) business days of receipt of the notice of the change.

  3. BYMYGO collects the given information by 'Users' (customers who search to shop or book) such as full name, email, age, mobile and utilizes this information to contact the service provider to better identify and meet customer needs and/or send a product ordered through BYMYGO platform to the right address of the Customer.

  4. BYMYGO provides software to the “User” (“Product/Service Provider, Seller, business owner”) to enable the best possible deliverability and transparency towards the service recipient by showing their information such as name, location, availability, price, pictures, videos to facilitate and create a trustworthy experience between the two parties.

  5. “Providers”: are independent contractors, sellers, business owners. BYMYGO does not employ individuals to perform tasks. Users hereby acknowledge that the company does not supervise, direct, control or monitor a provider and it is not responsible for the work performed or the tasks in any manner.

  6. BYMYGO finds worldwide products and professional services that are publicly available on Google or other online platforms and initially place this information on its website.

  7. BYMYGO claims no ownership of logos, trademarks, product manufacturing, brands names and other related information shown on business, sellers,, providers or partners website or on Google. 

  8. BYMYGO approach all its sellers, professional service providers, businesses shown on its platform to form partnerships and collaborations. 

  9. “Customers”: you will keep confidential and will not abuse the information you receive from using the Website or App. You will treat the Service Providers with respect and will not engage in any unlawful, threatening or harassing behaviour or activities whilst using their services.

  10. “Service Providers”: you keep confidential and will not abuse the information you receive from using the Website  or App. You will treat Customers (“service recipients”) with respect and will not engage in any unlawful, threatening or harassing behaviour or activities whilst providing your services to the supplicant.

  11. You understand and agree that your use of the Website and App will also be subject to our Privacy Policy as may be amended from time to time. By using the Website and App, you also give your consent as required under our Privacy Policy.

  12. The “Service recipients” - By providing us information, you represent that you have the right to provide us with the information for us to use and share with the Providers.

  13. The “Service Recipients” must provide us accurate and complete information regarding the type, size, specification and/or any specific characteristics of the goods or services to be delivered to avoid any kind of misunderstanding and misuse of the order.

  14. Product/Service Providers have the right to decline your orders if in their personal judgment; they may not be able to perform the delivery of the goods and services.

  15. We and/or the relevant Product/Service Provider reserve (s) the right to refuse to accept your order if we have reasonable grounds to suspect that you have or, by accepting your order, will breach or violate these Terms of Use or the prevailing laws and regulations.

  16. We may, at our sole discretion, provide promotions that may be redeemed for benefits related to the use of the App and/or Website. You agree that you will only use such promotions for their intended use and will not abuse, duplicate, sell or transfer the promotions in any manner. You also understand that the promotions cannot be exchanged for cash and may expire on a certain date, even before you use them.

  17. We are not responsible for the quality of the food and/or goods provided by the Product/Service Providers.

  18. We do background approval checks of providers before providing them to you.

  19. You acknowledge and understand that the prices of goods and services are shown may change from time to time.

  20. The “Product/Providers” agree to only deliver their services or products for customers 16 years old and older. If services include products such as alcohol, Age confirmation is required,.

  21. “Product/Service Providers”: please inform us if you no longer have control of your account, or your account is somehow hacked or your phone is stolen, so that we can cancel your account accordingly. Please note that you are responsible for the use of your account and may be held liable even if it is abused by another person.

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3. PAYMENT

All pricing information on the Website and the App is correct at the time of going online. BYMYGO reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

  1. The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense.

  2. The rates that apply for the Services, and the Price of the Product, provided by the Product/Service Provider can be found on the App. We may modify or update the rate from time to time. We will help the Product/Service Provider to calculate the fee based on your order and inform you of the fee on behalf of the Service Provider.

  3. You agree that you will pay for the Services provided to you by the Service Provider in full.

  4. You agree that you will pay for the product you have ordered to you by the Provider in full.

  5. Your payment is held at BYMYGO and when the Product/Service Provider delivers his/her services we pay the provider. The BYMYGO account for the payments: NL 76 ABNA 0247 8806 55.

  6. The Fee for the Product or Service includes any applicable taxes.

All payment processing services for Service Providers on BYMYGO are provided by Wix payments and that includes Stripe, Adyen, PayPal, Klarna, ApplePay, iDeal, Master card, Credit Cards, Visa etc, where applicable, may include money transmission services pursuant to licenses held by Wix. Payment processing services provided by Wix are subject to the Wix account, which includes the Wix agreements. By agreeing to these terms or continuing to operate as a Service Provider on BYMYGO, you agree to be bound by https://www.wix.com/about/terms-of-payments , as the same may be modified by Wix from time to time. As a condition of BYMYGO enabling payment processing services through Wix, you agree to provide BYMYGO accurate and complete information about you and your business, and you authorize BYMYGO to share with Wix this information and transaction information related to your use of the payment processing services provided by Wix.

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4. PETALS & REWARDS

Eligible Reward Account Assets that are transferred from your Account into your Reward Account shall accrue rewards in accordance with the terms set out below. In order to collect Petals, you must create an account on Bymygo.com. Account for the purposes of storing an Asset and agree to the terms of this Agreement and the Bymygo.com User Agreement. Without limiting the foregoing, you agree to:

4.1 Petals: BYMYGO Petals are our assets within our ecosystem. An asset in our ecosystem that we use and allow others to value product, service price with. Users can buy products, book services and exchange them with experiences worth Petals.

4.2 Current value: The current Petal value is equivalent to €1 = 1 petals,

4.3. Rewards: Every transaction made within our ecosystem USERS get rewarded with petals. Petals worth money, that you can use on any experiences or/and other Product and Services.

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5. WARRANTIES

We make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Products and Services, Website/App and/or Software, including but not limited to the Products and Services obtained by or from Providers through the use of the platform. We do not represent or warrant that (a) the use of the Products and Services and/or Software will be secured, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other materials purchased or obtained by you through the Platform will meet your requirements or expectations, (e) errors or defects in the Website and App will be corrected, or (f) the application or the server(s) that make the Platform available are free of viruses or other harmful components. The Service is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. You acknowledge and agree that the entire risk arising out of your use of the Service remains solely and absolutely with you and you will have no recourse whatsoever to the company.

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6. OUR LIABILITIES

  • We are not liable for any injury, death, damage or loss caused by the conduct of the Product/Service Providers. We are also not liable for any wrongdoings, including traffic violations, or any criminal actions conducted by the Service Providers during the performance of the Services. The Product/Service Providers are only our working partners, not our employees, agents or representatives.

  • We employ appropriate and reasonable technical and security measures to keep the Website and App secure and virus and error-free. However, as effective as this technology is, no security system is impenetrable. We therefore cannot guarantee the security of our database nor can we guarantee that the information you provide will not be intercepted while being transmitted to us.

  • The Website and App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the Product/Service Provider being faulty, not connected, out of range, switched off or not functioning. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.

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7. DISCLAIMERS

Your use of the platform, BYMYGO services, or Content shall be solely at your own risk. You acknowledge and agree that BYMYGO doesn’t have an obligation, but reserves the right for any reason, to (first) monitor or review User Content; (second) for any permissible purpose, conduct identity verification, background (including criminal background) or sex offender controls on any member including but not limited to service members and customer members. The platform gives “no warranty of any kind” either express or implied. Without limiting the foregoing, BYMYGO and its affiliates, and their respective directors, employees explicitly disclaim any warranties of merchantability, eligibility for a particular purpose, quiet enjoyment or non-infringement; any warranties, arising out of course of dealing or usage of or in trade; representations, or guarantees in connection with this platform or the BYMYGO services offered on or through this platform: any warranties relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this platform, including without limitation all Content. BYMYGO makes no warranty that the platform or its services that the platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. BYMYGO assumes no responsibility, and shall not be liable for any damages to your computer equipment or other property on account of your access to or use of the platform. BYMYGO shall not be liable for any slanderous, offensive, or illegal conduct of any third party, or any loss or damage of any kind incurred as a result of the use of any data, information, materials, substance, or Content posted, transmitted, or made available via the platform. No advice or information, whether oral or written, obtained from BYMYGO or through the platform, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users or members of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, including but not limited to any Service Providers, Customer Members or service recipients. You understand that BYMYGO does not make any attempt to verify the statements of the users of the platform or review vet any BYMYGO Products/Services. BYMYGO makes no representations or warranties as to the conduct of users of the platform or their compatibility with any current or future users of the platform. You agree to take reasonable precautions in all communications and interactions with other users of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, particularly if you decide to meet offline or in person and give or receive Bymygo Products/Services. BYMYGO explicitly disclaims all liability for any act or omissions of any users or third parties.

BYMYGO offers a platform on which customers and professional services can come into contact with each other in connection with the performance of work. BYMYGO only has a facilitating or enabling role and can therefore not be held responsible for acts or omissions of a User by means of or in connection with the Platform or otherwise.

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8. APPLICABILITY

These General Terms and Conditions of use apply to all agreements and to all offers, quotations of Services, even if these Services are not (further) specified in these General Terms and Conditions of use. These General Terms and Conditions also apply to any user (Service Provider or Customer Member Service Recipient) accessing and using the Website or Software and its Services. If the User does not agree to (all the) General Terms and Conditions of use, the user should not use the Website and/or its Services.

These General Terms and Conditions of Use may be amended by BYMYGO at any time without any liability. Such amended General Terms and Conditions of Use shall be at any time without notice.

The applicability of any other general terms and conditions is specifically excluded.

If any provision of these General Terms and Conditions of Use is null and void, is voided or otherwise proves to be invalid for any reason, the other provisions of these General Terms and Conditions of Use shall remain in full force and effect. BYMYGO and users shall consult with each other to agree on substitute provisions, which most closely reflect the content and purpose of the void, voided or invalid provision.

In case of a conflict between the provisions of these General Terms and Conditions of use and the provisions of an agreement, the provisions of the agreement shall prevail.

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9. CONCLUSION OF AGREEMENTS

Agreements between BYMYGO and the user come into effect at the moment BYMYGO has received the verification email of the user or if the “User” has accepted these General Terms and Conditions of use and visits the Website. User has the power to terminate any agreement which has been concluded over the internet, by means of a written notice, within 14 business days after receipt of the Services.

No part of the Website is intended to constitute a contractual offer capable of acceptance. No goods and/or services by third parties are sold through the Website and product and/or service details of third parties are provided for information purposes only.

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10. ACCESS TO AND USE OF ONLINE SERVICES

The Services are not directed at children under 18 years old. The use of any of the Services is only allowed with the valid consent of a parent or a guardian. If BYMYGO receives information from a child under 18 years old, BYMYGO reserves the right to delete it.

BYMYGO will provide the user with a user account, which allows the User to access the online Services covered by the Agreement. Use of the user account is strictly personal and is under the responsibility and at the risk and expense of the User.

The User shall not disclose the login details for its user account to third parties or allow third parties to make use of the user account. The user shall at all times be liable for the unauthorised use of its user account.

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11. ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your BYMYGO Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: First, your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from BYMYGO support teams; Second, if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken; and Third you will not be entitled to any compensation for Platform services or BYMYGO Services cancelled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your account at any time by following the "Settings" link in your profile, clicking "Account," and clicking "Deactivate Account." Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.

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12. ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may access the App without registering for an account. To place an order we ask for you to create an account and put your full name, email, mobile and location. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the App, and to update the information to keep it accurate, current, and complete.

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13. INTELLECTUAL PROPERTY

  1. All Content included on the website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of BYMYGO, its affiliates or other relevant third parties.

  2. By uploading photos or images onto the App, the Product/Service Provider certifies and warrants that the User owns the copyright to the photos or images and the User agrees that BYMYGO may use the uploaded photos and images at its discretion. The Product/Service Provider grants BYMYGO a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos or images as BYMYGO at its discretion sees fit. The Product/Service Provider who uploaded the photos or images warrants that the photos or images shall not contain any viruses, Trojans or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party rights. Any photos or images that do not meet the aforesaid criteria will not be posted and/or can be removed/deleted by BYMYGO at any time and without prior notice.

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14. INDEMNIFICATION USER

The User indemnifies BYMYGO against all claims from third parties relating to damages resulting from non-compliance by the User of these General Terms and Conditions of Use or other instructions of BYMYGO. The User is obliged to cover all damages of BYMYGO, including damages regarding the good name and reputation of BYMYGO.

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15. LIMITATION OF LIABILITY

  1. To the maximum extent permitted by law, BYMYGO accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its content at their own risk.

  2. The Product and Services are provided “as is” and on an “as available” basis. BYMGO gives no warranty that the service will be free of defects and/or faults. To the maximum extent permitted by the law, BYMYGO provides no warranties (express or implied) of fitness for a particular purpose, the accuracy of the information, compatibility and satisfactory quality.

  3. BYMYGO accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

  4. BYMYGO will not be liable to Users for any loss suffered (even if such loss is foreseeable) in relation to the use or inability to use the App, any inaccuracies or delays to its Service or any reliance by Customer Member or User on the content contained on its App. No part of the Website or App is intended to constitute advice and the content of the Website and App should not be relied upon when making any decisions or taking any action of any kind.

  5. The Website may contain links to other websites. Unless expressly stated, these websites are not under the control of BYMYGO or its affiliates. BYMYGO assumes no responsibility for the content of such websites and disclaims liability for any and all forms of loss or damage arising out of the use of these websites. The inclusion of a link to another website on the Website does not imply any endorsement of the websites themselves or of those in control of them.

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16. FORCE MAJEURE

  1. In the event BYMYGO or the User fails to perform any obligation under the Agreement because of a non-attributable shortcoming (hereinafter: force majeure), such party shall not be liable for non-performance.

  2. A situation of force majeure exists if a shortcoming is not the fault of a party, nor if it is accountable by law, legal act or according to generally accepted standards. Circumstances that constitute a situation of force majeure include labour disputes, power failures, telecommunications infrastructure failures and acts and omissions of suppliers.

  3. Obligations of the parties will be suspended while the force majeure situation continues. If a situation of force majeure lasts longer than thirty (30) days, either party may terminate the Agreement immediately, without compensation, after written notice of such decision.

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17. CONFIDENTIALITY

Parties are obliged to keep confidential all confidential information obtained from each other in the course of the Agreement. Information is considered to be confidential if it is designated as such by the other party or if this follows from the nature of the information. User agrees to not disclose the confidential information to third parties and to only use it for the purpose for which it has been made available.

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18. PRIVACY

  1. Personal information of the User which is processed by BYMYGO during the conclusion of and performance under the Agreement is confidential. Personal data will not be processed in a way incompatible with the purpose for which they were collected.

  2. Personal data of the User will not be handed over to third parties without the express consent of the User unless BYMYGO is obliged to hand it over by law or by a court order.

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19. LAW AND JURISDICTION

Any Agreement between BYMYGO and the User (Product/Service providers, or Service Recipients) is governed by Dutch law. Any disputes that may arise from the Agreement and/or these General Terms and Conditions of Use will only be submitted to the District Court for the Central Netherlands, location Utrecht.

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