This page (together with the documents referred to on it) tells you the Terms and Conditions (our “Terms”) on which you may make use of our website, ChillAppapp.es (our “Site”), or our application, ChillApp, which we make available via an app store or otherwise (our “Service”), whether as a guest or registered user. Please read these Terms and Conditions carefully before you start using or Site or our Service. You agree that by accessing the Site or using our Service you have read, understood, and agreed to be bound by all these Terms and Conditions. If you do not agree with all these Terms, then you are expressly prohibited from using the Site and the Service and must discontinue use immediately.
ChillApp.es and ChillApp are operated by Vicxa Desarrollo 2000 S.L. (“we”, “us” or “ChillApp”), whose registered office is at calle Balmes 228 in Barcelona, Spain. Our company registration number is B66829540.
ChillApp is a service where we act as intermediary between the “guest” and the “host”. A Guest will submit a request to be invited to a chill that some host has created on the App.
The Host and Guests share the cost of the Chill. That for may be a economical transaction
This transaction is carried out through our Service, and so ChillApp in its capacity as intermediary takes a certain amount as fee per chill. This may vary depending on the country and the characteristics of each individual chill.
You must be at least 18 years of age to create an account on ChillApp and use the Service. By creating an account and using the Service, you declare and guarantee that:
Access to our Site and to our Service will be offered uninterruptedly 24/7. Nevertheless, this access is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice. We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. We reserve access to deactivate your account at any time.
Due to the nature of the Internet, we cannot guarantee continued and uninterrupted availability and accessibility to the ChilApp platform. We may restrict the availability of the platform or of certain areas or features thereof if this is necessary in view of capacity limits, the security or integrity of our servers or to carry out maintenance measures that ensure the proper or improved functioning of the app. ChilApp may improve, enhance and modify the platform and introduce new services from time to time, at our discretion.
ChillApp will not be liable for any errors, delays or anomalies in our Site and Service that may arise and which may be due to third-party issues (such as, but not limited to, network, hardware or provider issues), force majeure or fortuitous events or any other contingencies of a totally unpredictable nature and thus unrelated to the good will of the business.
ChillApp acts as an intermediary, and thus the availability of the Service shall not be up to us, and we will not be deemed responsible in any way for lack of availability or response from ChillApp and/or Users.
All possible eventualities that may come up before, during and after a chill will be first communicated through our Site or Service.
Although ChillApp, as an intermediary, will not be liable for any possible misconduct of its users (both Users and hosts), we require any person wishing to use our Site or Service to adhere to a certain code of conduct, which is as follows—
Any user of our Site and/or Service agrees not to—
Failure to comply with this section constitutes a material breach of the Terms and Conditions, and may result in our taking all or any of the following actions—
To the extent permitted by law, ChillApp provides a service as intermediary on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our service, or that it will be timely or error-free or that issues will be corrected. ChillApp will not have any liability to you, the user, for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use or inability to use our service. In event that another user is found to be liable to you, ChillApp will be subject to no aggregate liability, and all we will do is reserve the right to remove the liable user from out platform.
While we may help facilitate the resolution of disputes, ChillApp has no control over and does not guarantee—
ChillApp does not endorse any user, and any reference to a user, usually a guest, being “certified” (or similar language) only indicates that the user in question has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by ChillApp about any such user, including of the user’s identity or background or whether the user is trustworthy, safe or suitable. You should always exercise due diligence and care when interacting with other users.
If you choose ChillApp as a platform to request or offer services (this being limited only to those intrinsically related to the app and thus falling under the “Guest” or “Host” dynamic), your relationship with ChillApp is limited to being an independent third-party, and not an employee, agent, joint venture or partner of ChillApp for any reason. You act exclusively on your own behalf and for your own benefit, and not on behalf of, or for the benefit of, ChillApp.
ChillApp shall not be under any obligation or responsibility concerning whether the user, in his/her capacity as host or guest, declares the money earned through our platform in his/her tax returns. We shall not issue an invoice to the hosts or guests unless explicitly asked to, as we simply provide a payment gateway. Through accepting our Terms and Conditions any user of our Site and/or Service agrees to be the only one responsible for his/her tax responsibilities, exempting ChillApp from any and all tax liability arising from any payment a user may receive during his/her use of our platform.
Nothing in this Terms and Conditions agreement is intended to constitute ChillApp as your agent or authorise ChillApp to enter into any commitments on your behalf.
Neither the user, nor ChillApp, shall be responsible to the others for any delay or non-performance of its obligations under this Terms and Conditions agreement arising from any cause beyond its control including, without limitation, all those eventualities listed in clause 2, here detailed—
The price of any overall chill or of any other available service will be listed on our platform. Prices include any pertinent taxes applicable to each country. Prices will vary between chills depending on, among others, duration, time, place and any other additional purchases that may be made during the course of the chill itself.
ChillApp will always receive payment of its fee because, in any case, its service as intermediary has been provided.
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
These Terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
ChillApp may revise these Terms and Conditions at any time and amend them to our discretion. You are expected to check this from time to time to take notice of any changes we make, as they are binding to you.
The Courts of Barcelona, Spain, will have jurisdiction over any claim arising from, or related to, any use of our platform and services. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Spain.
If you have any concerns about material that appears on our Site or Service, please contact us through our website, ChillApp.es.