Wecasa Terms and Conditions
In these terms and conditions (T&Cs), the following definitions will apply:
- "Account": means a User's personalised and dedicated digital space on the Platform.
- "Application": means the mobile application operated by Wecasa for Customers only, and which is available on iOS and Android.
- "At-home Service": means the provision of services at home by a Partner to a Customer in the area of beauty, hair, massages, and any other provision of services at home offered on the Platform.
- "Booking": means a booking of an At-home Service made by a Customer.
- "Content": means all comments, messages, information and data uploaded to the Platform.
- "Customer": means a consumer using the Platform with the aim of being put in contact with a Partner in order to receive an At-home Service.
- "Partner": means a service provider operating as a company or as self-employed, duly registered on the Platform, and possessing the necessary skills to provide At-home Services.
- "Platform": means the contact platform operated by Wecasa accessible via the Website, the Application and the Wecasa Pro Application, enabling the provision of Wecasa Services.
- "T&Cs": means these terms and conditions.
- "User": means a Customer or a Partner who uses the Platform.
- "Website": means the website located at https://www.wecasa.co.uk/ as well as all sub-domains.
- "Wecasa Pro Application": means the mobile application operated by Wecasa for Partners only, and which is available on iOS and Android.
- "Wecasa Services": means all services Wecasa provides to Users (such as putting Partners and Customers in contact, invoice and payment tools, insurance for At-home Services, etc.).
- "Wecasa": means WECASA SAS, registered with the Paris Trade and Companies Register (RCS) under number 822 686 788, and located at 23 Rue du Départ (postbox 37) 75014, Paris.
Unless otherwise required in the context, the terms and definitions expressed in the singular also include theplural, and vice versa.
2. Purpose and Scope of the T&Cs
Wecasa operates the Platform, which enables Partners to be put in contact with Customers, so that they can receive At-home Services.
Wecasa’s responsibility is limited to its role as operator of the Platform. To the extent permitted by law, Wecasa is not responsible for the provision of At-home Services by any Partner.
Accordingly, these T&Cs do not govern the relationship between a Customer and a Partner for the provision of At-home Services. A separate contract is entered into between a Customer and a Partner for the provision of the At-home Services.
The purpose of these T&Cs is to define the terms of access and use of the Platform, as well as to set out the rights and obligations of Wecasa, the Partners and Customers in relation to the use of the Platform (the “T&C Agreement” ).
Please read these T&Cs carefully before you create an Account with Wecasa. These T&Cs tell you who we are, how we will provide services to you, how you and we may change or end the T&C Agreement, what to do if there is a problem and other important information. Let us know if anything is unclear or you have any questions.
3. Signing up to and Accepting the T&Cs
3.1 FOR CUSTOMERS
The Customer can create their Account and sign up to the Platform via (i) the Website, when making a Booking or by clicking on "Create my account" in the "Sign In" tab, or via the (ii) Application, when making a Booking.
The Customer must provide the information required for creating their Account when they first sign in. This includes their name, surname, email address and home address. The Customer guarantee Wecasa that they have the power and capacity to create the Account and use Wecasa Services.
When creating an Account, the Customer agrees to read the T&Cs which they consent to by ticking the box "I accept the terms and conditions". The Customer is free to accept or refuse the T&Cs. If the Customer refuses to accept the T&Cs, Wecasa will not provide any Wecasa Services.
From the moment the Customer accepts the T&Cs and/or as the result of making a Booking, the Customer receives an email confirming the Account has been created.
3.2 FOR PARTNERS
The Partner can sign up to the Platform and create their Account via the (i) Website, in the dedicated space for Partners, or the (ii) Wecasa Pro Application.
When signing in for the first time, the Partner must provide the following information in order to create their Account: name, surname, company registration number (if applicable), email address, date of birth, phone number, address, and field of work from the choices on offer. In creating the Account, the Partner confirms that they have power and capacity to create the Account and use Wecasa Services.
When creating an Account, the Partner agrees to read the T&Cs which they consent to by ticking the box "I accept the terms and conditions". The Partner is free to accept or refuse the T&Cs. If the Partner refuses to accept the T&Cs, Wecasa will not provide any Wecasa Services.
From the moment the Partner accepts the T&Cs, they receive an email confirming the Account has been created. This email contains a PDF copy of the terms and conditions which the Partner has accepted.
4. Registration Conditions Specific to Partners.
In order to finalise the creation of their Account and to be able to provide At-home Services, the Partner must provide Wecasa with the following (in addition to the information supplied when signing in for the first time and as explained in clause 3.2):
- an identity document authorising them to work in the UK; and
- copies of any licenses, consents, qualifications, training and insurance that are required for you to perform the At-home services.
The Partner understands and accepts that Wecasa may require the Partner to participate in a phone interview and a skills validation process, specifically by taking a test. Wecasa can refuse to register a Partner without having to justify it to them.
5. Development of Wecasa Services and Modification of T&Cs
In order to improve Wecasa's quality and operation, Wecasa is continuing to develop the features and functions of the Platform and Wecasa Services.
Wecasa can at any time without notice unilaterally modify the T&Cs and/or Wecasa Services with regard to technical aspects (including but not limited to new User functions or improvements to address a security threat) of the Platform and Wecasa Services, as long as it does not result in a price increase or change in quality, and that the aspects which the User agrees to are stated in the T&Cs.
For any other modifications of the T&Cs and Wecasa Services, Wecasa will inform the User, by email and/or a notification within the Platform, at least 15 days before they come into force.
In the absence of any objection from the User during this period, Wecasa will consider that the User has read and accepted the modifications. In the case of an objection or refusal by the User, the T&C Agreement will be terminated on the date the modified T&Cs and/or Wecasa Services come into force and the User will no longer be able to use the Platform and Wecasa Services. This termination is subject to the full completion of any obligations in force (for example, both Customers and Partners must honour any existing Bookings made or due to be carried out before the date when the modification of the T&Cs or Wecasa Services takes place).
6. Account Access, Use and Security
Access to the Platform and Wecasa Services is for Users only. Every User understands and accepts that they are responsible for the access to, and use of, their Account. Each User agrees to maintain accurate, complete, and up-to-date information in their Account.
A User must be at least 18 years of age to create an Account and to Access the Platform and Wecasa Services.
Except in the event of technical failure by Wecasa or in the case of events outside a User’s reasonable control, every User is responsible for protecting their sign-in information and must take all reasonable measures to ensure the safeguarding and confidentiality of their sign-in data (including user ID and passwords).
If they have reasons to believe that their sign-in data (in particular, their user ID or password) has been lost, stolen, misused or compromised in any way, or in the event of unauthorised use of their Account, the User must immediately inform Wecasa.
In such a situation, the User authorises Wecasa to undertake any appropriate measures to prevent any further unauthorised access to the Account.
7. Provision of At-home Services
The Customer can make Bookings on the Website or Application. They must select one or several At-home Services from the categories of At-home Services offered and fill out their desired date and time.
The At-home Services can only be provided during the hours indicated on the Website and Application. The At-home Services provided at certain times may be subject to an additional cost, as indicated on the Website and Application at the time of making the Booking.
Before validating the Booking, the Customer has access to a summary of it and can indicate any special requests or provide directions to the Partner who will be selected. The Customer understands and accepts that any such requests or directions are given as a guide and may not be agreed to by the Partner.
The Customer and the Partner can mutually agree to modify a Booking before the scheduled date of the At-home Service.
7.2 CONNECTING CUSTOMERS AND PARTNERS
After validation, the Booking is sent (using Wecasa's algorithm) to available Partners who best meet the Customer's request. A Booking is considered as validated once a Partner accepts it.
Wecasa selects a Partner for the Customer using a ranking score which varies according to the following criteria:
- the Partners' ability to create Customer loyalty (for example, the regularity with which customers rebook with a Partner within a 6 month-period following a Booking);
- the Partners' score as given by the Customers; and
- the number of Bookings cancelled by the Partner.
The At-home Services are also assigned according to the location of Partners and Customers.
When the Partner receives an At-home Service offer, they are free to accept or refuse it, by using the corresponding feature on the Platform. If the Partner does not respond to the At-home Service offer within the deadline stated, the Partner will be deemed to have refused the offer.
As soon as a Booking is made, Wecasa contacts several Partners. The Partners contacted first are those who have high scores based on the criteria listed above. The more urgent the Booking, the quicker Partners will be contacted in order to fulfil the Booking.
In the absence of a reply from a Partner in the time period based on the urgency of a Booking, the Booking is then offered to other Partners, until it is accepted by one of them.
The first Partner contacted who accepts the Booking receives that Booking.
7.3 WITHDRAWAL AND CANCELLATION OF A BOOKING
When a Booking is validated more than 14 days in advance in accordance with the clause above, the Customer benefits from the right to withdraw as provided by the law. To do this, the Customer can cancel the Booking on the Platform, by using the corresponding feature on the Website or Application, and the Booking will be cancelled at no cost.
When a Booking is validated less than 14 days in advance in accordance with the clause above, the Customer requires that the provision of services begins and is completed before the end of the withdrawal period. In this respect, the Customer expressly opts out of their right to withdraw.
In any event and for all Bookings, the following cancellation rules apply:
- cancellation more than 6 working hours before the scheduled appointment: no cancellation fees;
- cancellation between 3 and 6 working hours before the scheduled appointment: a flat-rate cancellation fee of ten pounds (£10);
- cancellation between 1 and 3 working hours before the scheduled appointment: cancellation fee of 50% of the Booking amount, up to a maximum of twenty pounds (£20);
- cancellation between 1 working hour and the time of the scheduled appointment: cancellation fee of 80% of the Booking amount, up to a maximum of thirty pounds (£30); and
- cancellation after the scheduled appointment, or when the Customer has not arrived 30 minutes after the appointment time: 100% of the Booking amount, up to a maximum of forty pounds (£40).
For the purposes of this clause, it is agreed that working hours refer to the period between 7 a.m. and 10:30 p.m., 7 days a week.
7.4 THE PROCESS FOR AT-HOME SERVICES
Wecasa has no involvement in providing the At-home Service itself, which is delivered by the Partner.
At the end of an At-home Service, the Customer rates the Partner using a scoring system. The ratings are considered final and are only deleted in exceptional cases, following an explicit request from the author. Overall Partner ratings are shown on the Platform.
The Partner also rates the Customer. The ratings provided by the Partners are not shown on the Platform.
8. Financial Terms
8.1 PRICES FOR AT-HOME SERVICES
The price for At-home Services is set by Wecasa. The price of each specific At-home Service is indicated on the Platform. Wecasa may change the price of At-home Services set on the Platform from time to time without prior notice. However Wecasa will never change the price of a Booking following acceptance on the Platform.
The Customer must pay for the At-home Services by card.
The Partner's payment corresponds to the amount which is offered to them by Wecasa before they accept an At-home Service. Wecasa will not change the amount offered to the Partner by Wecasa for an At-home Service once this Booking has been accepted.
Wecasa’s payment for the provision of Wecasa Services corresponds to the difference between the price accepted by the Partner and the price paid by the Customer.
The Customer understands and accepts that in the case of certain At-home Services a minimum Booking value applies. Where this is the case, this is indicated on the Platform.
8.2 PAYMENT OF AT-HOME SERVICES
For managing cash flows, Wecasa uses Stripe, a third party payment services provider which sells a solution enabling the management of payment flows between Wecasa, the Partners and the Customers. The payment services provided by Stripe are subject to the terms and conditions of the product "Stripe Connect" and are available at the following address: https://stripe.com/en-gb/connect-account/legal . By using the Platform, you acknowledge that these Stripe terms apply to how payments are made and will apply, to the extent applicable, to Partners and Customers.
The price of At-home Services is subject to a bank pre-authorisation from the Customer’s account 24 hours before the start of the At-home Service and is debited from the Customer within 24 hours after the provision of the At-home Service. Wecasa gives instructions to Stripe for the corresponding amounts due to the Partner to be transferred to the Partner on a weekly basis by default. The instructions are given on the day notified to the Partner by Wecasa. Alternatively, a Partner may request to receive money due monthly. Following Wecasa’s instruction an additional period of eight (8) days is then required to transfer the funds.
The invoices the Customer receives for At-home Services, as well as the invoices related to Wecasa Services, are available in the Customer's Account in the days following the provision of the At-home Service. The Customer can also download the invoices, [which enables them to receive a personal services credit tax for eligible fields of work. The Customer will also have access to a tax certificate.]
The invoices generated for the Partner Account in accordance with the invoicing agreement stated below, and the invoices for the payment of Wecasa Services, are sent to the Partner by email in the 4 days following the provision of the At-home Service.
8.4 INVOICING AGREEMENT
The Partner expressly gives Wecasa (which accepts it) the right to establish invoices in their name and for their account, in relation to At-home Services.
It is hereby stated that the Partner remains fully responsible for their legal and tax obligations with regard to invoicing for the original invoices issued in their name and for their account by Wecasa, particularly with regard to their VAT obligations.
The invoicing agreement is effective during the entire period in which the T&Cs are in force between the Partner and Wecasa. Wecasa and the Partner are both required to keep a copy of the invoices.
For the purposes of the agreement, the Partner must provide Wecasa with the following information, depending on their situation:
- Name and surname / or company name.
- Postal address / or registered address (in the case of a company).
- Company registration number (if applicable).
- Email address.
- A copy of a valid identity document (front and back).
- A photo portrait.
- Bank account details.
- [An intracommunity VAT number if the At-home Services are provided outside of France.]
The Partner undertakes (i) to transfer the value-added tax which they may be liable for to the Treasury (if applicable), (ii) to ask for and retain a copy of the invoices issued by Wecasa for their account and (iii) to inform Wecasa of any changes to the aforementioned information.]
9. Wecasa's Commitments
Wecasa will use reasonable care and skill to make the Platform and Wecasa Services available to Users, to ensure the accessibility and smooth operation of the Platform and to provide digital content of a satisfactory quality.
In this respect, Wecasa undertakes to make the Platform and Wecasa Services available 24 hours a day, 7 days a week, except in the case of events outside of our reasonable control, or unforeseeable and insurmountable behaviour of a third party, and subject to possible failures, maintenance work, and updates necessary to ensure the smooth operation of the Platform and the provision of Wecasa Services.
Wecasa offers Users a support service in order to reply to any questions and to offer assistance in case of problems. For questions or information requests regarding the Platform or the Wecasa Services, the User can contact Wecasa by sending an email to the following email address: firstname.lastname@example.org. Wecasa will take reasonable steps or adjustments to ensure accessibility for disabled Users.
In the event of a malfunction or an irregularity affecting the smooth operation of the Platform or Wecasa Services, Wecasa will use reasonable care and skill to rectify the situation.
10. Wecasa's Responsibility
10.1 Wecasa’s liability to CUSTOMERS
Wecasa is an operator of an online platform and is not responsible to Customers for a Partner’s provision of At-home Services. This is detailed further below.
To the extent permitted by law, Wecasa is not liable to Customers for the following:
- any theft or loss of property in connection with the Wecasa Services.
- any loss, damage, expenses or liability suffered by any third party in connection with the Customer’s use of the Platform.
- any loss as a result of temporary access difficulties or other inability by the Customer in using the Platform, the Account or Wecasa Services.
- any loss which is the result of an error by the Customer, circumstances outside of Wecasa’s control (even if we have taken reasonable care, such as disruptions in third party telecommunication networks) or due to the inherent limitations of the operation of an online service; or
- any other loss, damage, costs or liability of the Customer in connection with the Wecasa Services, except if this is caused by a failure of Wecasa to deliver the Wecasa Services with the reasonable skill and care expected of a provider of similar digital intermediary services.
The Customer should be aware that Wecasa only supplies the Wecasa Services for domestic and private use. If a Customer uses the products for any commercial, business or re-sale purpose, Wecasa will have no liability to a Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If Wecasa could be held liable to Customers, damages are limited by law to those losses which are either (i) obvious to both parties that such loss could happen, or (ii) at the time of entering into the contract, both Wecasa and the Customer knew that a specific loss might happen (for example, if the Customer had highlighted and discussed a particular concern with Wecasa during the booking process).
Nothing in these T&Cs limits or excludes Wecasa’s liability to a Customer for personal injury or death caused by Wecasa’s negligence.
10.2 WECASA’S LIABILITY TO PARTNERS
To the extent permitted by law, Wecasa is not liable to Partners for the following:
- any theft or loss of property in connection with the Wecasa Services.
- any loss, damage, expenses or liability suffered by any third party in connection with the Partner’s use of the Platform.
- any loss as a result of temporary access difficulties or other inability by the Partner in using the Platform, the Account or Wecasa Services.
- any loss which is the result of an error by the Partner, circumstances outside of Wecasa’s control (even if we have taken reasonable care, such as disruptions in third party telecommunication networks) or due to the inherent limitations of the operation of an online service.
- any loss of profit, loss or inaccuracy of data (not including personal data), loss of business, business interruption, or loss of business opportunity of the Partner; or
- any other loss, damage, costs or liability incurred by the Partner in connection with the Wecasa Services, save to the extent that this is due to a failure of Wecasa to perform its obligations in delivering the Wecasa Services with reasonable skill and care to the standard of a professional provider of similar digital intermediary services.
In the event where Wecasa is held and proven liable to Partners, its liability is limited to an amount equal to the total cost of the At-home Service in aggregate.
Nothing in these T&Cs limits or excludes Wecasa’s liability to a Partner for personal injury or death caused directly by Wecasa’s negligence.
11. User Commitments
11.1 JOINT USER COMMITMENTS
The User expressly undertakes:
- to adhere to the laws and regulations in force, to not undermine public order, moral standards or third-party rights, and to not breach any legislative or regulatory provision.
- to not authorise any third party to use their Account.
- to not publish Content, which is abusive, defamatory, disparaging, slanderous, clearly illicit, false, harmful to public order or third-party rights, or likely to infringe the rights, reputation and image of Wecasa or of another User.
- to not use the Platform or Wecasa Services in a fraudulent manner (e.g., a false account or a false identity) and/or harm the interests of Wecasa or of another User.
- to not hand over or transfer their Account in any way to a third party.
- to provide Wecasa with all the necessary information for the provision of Wecasa Services and to guarantee their accuracy.
- to make fair use of the Platform and Wecasa Services; in other words, to take part in the registration process, Bookings and scoring system.
- to inform Wecasa in case of any issues, or any problems with another User or when using the Platform, the Account and Wecasa Services; and
- to keep any exchanges, conversations, information and more generally, any elements concerning the At-home Services, Bookings and exchanges between Users or with Wecasa, strictly confidential and to not share them with any third party (the User agrees and acknowledges that Wecasa may access chat and other communications conducted on the Platform).
The User understands and accepts that the following are strictly forbidden: (i) any behaviour likely to disrupt, suspend, slow down or prevent the continuity of the Platform or Wecasa Services, (ii) any intrusion, or attempt to intrude, the Wecasa systems, (iii) any misuse of the system resources of the Account and of the Platform, (iv) any actions likely to place a disproportionate load on the Wecasa digital infrastructure, (v) any breach of security and verification measures, (vi) any action likely to damage the financial, commercial or legal rights and interests of Wecasa and other Users, (vii) any failure to comply with the T&Cs, (viii) any copy of and/or misuse of the Wecasa digital infrastructure and (ix) in general, any practice which uses the Platform and Wecasa Services for purposes other than those for which they were designed.
11.2 CUSTOMER COMMITMENTS
The Customer expressly undertakes:
- to have a proper, polite and appropriate attitude towards the Partners (for example, wearing underwear during an At-Home Service massage, which are massages for well-being).
- to not cancel Bookings in a recurrent or repetitive way.
- to provide Partners with the best possible working environment so that they can provide the At-home Service under the best conditions (for example, provide a room with enough space).
- to inform the Partner of any conditions specific to the At-home Services, and in particular, inform the Partner of the presence of any animals in the Customer's home (this may prevent certain Partners with allergies from providing At-home Services); and
- to not contact the Partners after the provision of an At-home Service in order to receive At-home Services outside of the Platform.
11.3 PARTNER COMMITMENTS
The Partner expressly undertakes:
- to respond to At-home Service offers sent by Wecasa, whether the response is to accept or reject the offer. The Partner is free to accept or refuse an At-home Service offer.
- to honour the Bookings, they have accepted for the provision of At-home Services.
- to possess the skills required for providing At-home Services throughout the duration of the T&Cs, and for as long as they provide At-home Services via the Platform; and
- to behave in a fair way towards Wecasa, specifically by asking Customers to participate in the fair use of the Platform when the Customers wish to book a new At-home Service.
12. User Responsibilities
The User is responsible for their use of the Platform and Wecasa Services; therefore, they are liable for any damage they may cause as a result of their behaviour, or inaccurate, incomplete and/or misleading information which they provide when signing up to the Platform, or by not updating this information, all of which they alone bear the consequences.
More specifically, Users are responsible for:
- the information they choose to upload into their Account and that they share by using the Platform and Wecasa Services; and
- the negotiation, outcome and execution of contracts which take place between Users for the provision of At-home Services, as Wecasa is solely a digital contact platform.
13. Duration, Suspension and Termination
13.1 DURATION OF T&Cs
The T&C Agreement comes into force once the User has accepted these T&Cs and remains in force until it is modified (see clause 5 above) or terminated (see clause 13.3 below).
13.2 ACCOUNT RESTRICTIONS FOR PARTNERS
13.2.1 Manual restrictions
The Account and Wecasa Services given to the Partner can be restricted for a period not to exceed one (1) month, in the following cases:
- the Partner has sent unkind or aggressive messages to the Wecasa teams.
- the Partner has behaved in an unkind or aggressive manner towards Customers.
- the Partner has repeatedly received negative reviews from Customers.
- the Partner has not informed a Customer in advance of being unable to honour a scheduled appointment.
- the Partner has repeatedly cancelled appointments at the Customers' homes, which the Partner had previously accepted.
No later than the time when the restriction comes into effect, Wecasa will send the Partner an email specifying (i) the implementation of the restriction measure, (ii) the duration, (iii) the reasons for doing so and (iv) the method in which the Partner can provide explanations about the situation.
During this period, the Partner will retain access to the Platform and their Account. The Partner’s profile will still be available on the Platform for direct Bookings from existing Customers and will be offered to new Customers but their ranking will be lowered (further to the scoring described in clause 7.2 above). The Partner will therefore be less likely to be contacted for Bookings made by new Customers during the restriction period.
At the end of the specified period, depending on the Partners' performances and the development of the situation, the restriction measure will either be lifted, or the T&C Agreement will be terminated, in accordance with the stipulations in clause 13.3.
13.2.2 Automatic restrictions
The Account and Wecasa Services given to the Partner will be restricted (as described above in clause 13.2.1) in the following cases:
- the Partner has not replied to 4 consecutive offers for At-home Services, having had sufficient time to read and reply to them.
- the Partner has not accepted any of the last 50 offers sent for At-home Services.
No later than the time when the restriction comes into effect, Wecasa will send the Partner an email specifying (i) the implementation of the restriction measure and (ii) the reasons for doing so.
During this period, the Partner will continue to receive Customer Bookings for Customers they have already provided At-home Services for. The Partner's professional profile will still be online and active, and access to the Platform and their Account will be maintained. Conversely, the Partner will no longer be contacted for Bookings made by new Customers.
To lift the restriction, the Partner can accept an offer of an At-home Service which they received from an existing Customer, or request Wecasa to lift the restriction by writing to Wecasa via the chat box in the Platform or via email to: email@example.com .
13.3 TERMINATION OF THE T&C AGREEMENT
13.3.1 Between the Customer and Wecasa
Wecasa and Customers can terminate the T&C Agreement at any time without providing a reason, and without notice, by Wecasa ceasing to provide and/or the Customer ceasing to use the Wecasa Services.
13.3.2 Between the Partner and Wecasa
A. Termination with notice
a) By the Partner
The Partner can terminate the T&C Agreement at any time without providing a reason on at least thirty (30) days’ prior written notice by sending Wecasa an email informing them of their decision to terminate the T&C Agreement.
During the notice period, the Partner continues to benefit from Wecasa Services and each party will continue to comply with their obligations including by the Partner honouring any existing Bookings.
At the end of the notice period, the Partner will no longer have access to their Account, the Platform and the Wecasa Services. Any outstanding payments due to the Partner will be repaid, less any amounts owed by the Partner to Wecasa.
b) By Wecasa
Wecasa can terminate the T&C Agreement by giving thirty (30) days’ notice:
- if the Partner has not complied with their contractual obligations in accordance with the T&Cs (for example, they do not possess the skills required for the provision of At-home Services).
- if the Customers are not satisfied with the Partner (for example, bad reviews/feedback from Customers or cancelled appointments).
- if the Partner has sent unkind or aggressive messages to the Wecasa teams.
- if the Partner has behaved in an unkind or aggressive manner towards Customers.
- if the Partner has not informed a Customer in advance of being unable to honour a scheduled appointment.
- if the Partner has repeatedly cancelled appointments at the Customers' homes, which the Partner had previously accepted.
- if the Partner is no longer able to fulfil their commitments in accordance with the T&Cs (for example, in the event of court ordered insolvency proceedings).
No later than thirty (30) days before the termination comes into effect, Wecasa undertakes to send the Partner an email detailing (i) the implementation of the termination clause, (ii) the date from which it will be effective, (iii) the reasons for doing so and (iv) the method in which the Partner can provide explanations about the situation.
During this period, the Partner continues to benefit from Wecasa Services and each party undertakes to comply with their obligations.
No compensation will be given for the termination of this T&C Agreement.
At the end of the notice period, the Partner will no longer have access to their Account, the Platform and the Wecasa Services.
B. Termination without notice
The T&C Agreement can be terminated without notice by the Partner or by Wecasa in the following cases:
- by the Partner:
- if a legal or regulatory obligation makes it impossible for the Partner to respect the thirty (30) day notice period.
- if the Partner can provide proof that Wecasa violated their contractual obligations (several times or in a serious way) with regard to the T&Cs (for example, a lack of access to the Platform or a failure to connect Users).
- by Wecasa:
- if a legal obligation or regulation makes it impossible for Wecasa to respect the thirty (30) day notice period.
- if Wecasa can provide proof that the Partner violated their contractual obligations (several times or in a serious way) with regard to the T&Cs (for example, Partners not honouring Bookings accepted for the provision of At-home Services).
The party wishing to terminate the T&C agreement must send the other party an email to the following addresses (as applicable):
- for termination by the Partner, an email to firstname.lastname@example.org
- for termination by Wecasa: an email to the email address provided by the Partner when it created the Account.
This email must specify (i) the implementation of this termination clause, (ii) the date from which it will be effective and (iii) the reasons for terminating the agreement.
No compensation will be given for the termination of this T&C Agreement.
Following the termination of this T&C Agreement, the Partner will no longer have access to their Account, the Platform or the Wecasa Services. Any outstanding payments due to the Partner will be repaid, less any amounts owed by the Partner to Wecasa.
14. Partners - Compliance with Tax and Modern Slavery Obligations
The Partner is aware that their activity on the Platform results in legal, tax and modern slavery obligations, which they must fulfil in accordance with the applicable legislation.
The Partner is solely responsible for all tax declarations and formalities required for their activity, and must fulfil all the obligations incumbent upon them, if applicable, in accordance with English law.
The Partner shall not engage in any practice which would violate any applicable law regarding slavery or human trafficking. The Partner shall also notify Wecasa by email immediately upon become aware of any actual or potential slavery or human trafficking in connection with the services under the Platform.
15. Autonomy and Independence
Wecasa and the Partner exercise their activity in complete autonomy and independence. Both parties assume the risks of their activity.
As an independent business partner, the Partner is free to choose their workdays and rest days, as well as use the material of their choice for the provision of At-home Services.
The Partner is not subject to an exclusivity agreement with Wecasa. The Partner is free to accept a/some similar contract(s) or equivalent to the T&Cs with any natural or legal person, whether or not they are a competitor of Wecasa, but also to provide their services to their own clientele and to offer their services on other websites.
The Partner is not subject to any minimum turnover requirements or activity levels.
16. Third Party Bookings
When making a Booking on behalf of a third party, the Customer undertakes to make the third party (hereinafter, the "Beneficiary") aware of, and agree to, the T&Cs for the At-home Services.
The Customer shall ensure that the Beneficiary complies with the T&Cs. In the event of damage caused by the Beneficiary as a result of non-compliance with the T&Cs, the Customer agrees to protect Wecasa against any action, demand or claim of any kind made against Wecasa by a Partner, service provider or any other third party.
17. Intellectual Property
The Platform, the Website, the Application, the Wecasa Pro Application and all constituent elements of them (together, the "Intellectual Property Elements"), in particular, but not limited to, software, structures, infrastructures, databases and content of any nature (text, images, visuals, logos, brands, etc.) operated by Wecasa are protected by intellectual property rights.
All Users recognise and agree that all Intellectual Property Elements, including all associated intellectual property rights, are the exclusive property of Wecasa.
Any reproduction or representation, in whole or in part, of the Intellectual Property Elements without authorisation from Wecasa is forbidden unless otherwise permitted by law.
Likewise, unless Wecasa has given prior written authorisation, the User is forbidden to use, reproduce, adapt, modify, create derived works from, distribute, sub-license, sell, transfer, publicly present, transmit, broadcast or operate in any way the Intellectual Property Elements unless otherwise permitted by law.
18. Personal Data
Wecasa places great importance on Users' personal data and complies with Regulation (EU) 2016/279 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
19. Settlement of Disputes and Complaints Process
In the case of a dispute between a User and Wecasa, the Users and Wecasa undertake to seek an amicable solution. As Wecasa's status is limited to its role as digital platform intermediary, it cannot be held liable for any issues arising out of the poor quality of an At-home Service.
In the case of a dispute between a Partner and a Customer, Wecasa can act as a mediator with the aim of finding an amicable solution to the dispute.
If a dispute remains unresolved Users can contact London Arbitration Centre which is authorised by the Chartered Trading Standards Institute as a certified alternative dispute resolution provider.
For any complaints, the User should contact Wecasa by email at the following address: email@example.com.
Wecasa deals with complaints as follows
- Wecasa will contact the User using the contact details provided at registration to understand the complaint.
- Where a Customer has a complaint about a Partner, Wecasa will then contact the relevant Partner to discuss the complaint.
- Wecasa will then work with the Customer and the Partner to propose a resolution which is acceptable for both parties.
Where the relevant Users are unable to come to a joint resolution, they will be referred to the mediator detailed above under clause 20.1.
Wecasa intends to rely upon the written terms set out in these T&Cs (as may be amended in accordance with clause 5 above) as the entire understanding between Wecasa and each User relating to the T&C Agreement. If you and we agree any other changes, please make sure that you request that these are confirmed in writing. That way we can avoid any problems surrounding what we or you are expected to do.
In the event that a stipulation of the T&Cs proves to be, in whole or in part, null or invalid, the validity of the other T&C clauses will be unaffected and will continue to remain in force.
If you breach any term of these T&Cs and Wecasa does not take any action against you, we may still take action against you later or if you breach the same term on another occasion or if you breach a different term.
Only you or Wecasa have the right to enforce any provision under these T&Cs
Applicable Law - Competent Authority
The T&Cs are governed by, and interpreted in accordance with, French law.
Any dispute or disagreement concerning the validity, interpretation, execution and/or breach of the T&Cs will fall under the exclusive authority of the Commercial Court of Paris.
In compliance with Article R.631-3 of the Consumer Code, the consumer can choose, at their discretion, to refer the issue to (in addition to one of the local competent authorities under the Code of Civil Procedure) the authority of the place where they were staying at the time of accepting the agreement, or the place where the damage occurred.