General Terms and Conditions of Moovick (a product of Ethos UG)

These Terms and Conditions constitute a legally binding agreement between you and Moovick. By accessing, using or registering with the Moovick Platform or app, you hereby acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement that we may publish from time to time. Please read this Agreement carefully. If you do not agree to all of these terms and conditions, you may not access the website or use our services. 

By using the Moovick Platform, you represent and warrant that you are at least 18 years old, and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts. All new features or information added to the website are also subject to the Terms of Use. On this website, you can view the latest version of the Terms of Use at any time.

1. Definitions: 

Users: User refers to a person registered on the online platform or app Moovick who use Moovick either to avail or provide a set of services.

Clients: “Clients” are individuals and/or businesses seeking to obtain short-term services. They post a task request for a service or make a booking for a service with a Service Provider using the Moovick Platform

Service Providers: A Service provider on the platform refers to the driver, handyman, etc. or any professional offering their services to Clients on Moovick’s platform

Agreement:  Users acknowledge and agree that a legally binding contract with another User (the Agreement) is formed when you and that User agrees on the terms of a Task followed with an official booking on Moovick platform or APP.

2. Moovick is a Mediator 

Moovick offers a platform on which Clients and Service Providers can connect with each other in order to complete a set of tasks. Clients post their tasks requests or book Service Providers based on their skills and preferences for their required tasks. Service Providers on the Moovick Platform are self-employed, independent contractors of clients. They are not employees, partners or representatives of Moovick. Moovick does not employ any individuals to perform any tasks on the platform. Moovick only plays a facilitating role via the platform and hence is not involved in the orders/bookings as a contractual party or a representative or an agent or similar.

3. Account registration and verification

To access some of our features and services, you must register for an account and become a member. You may only have one account at a time and may not transfer your account to another person at any time. As stated above, you hereby declare and guarantee that you are over eighteen years of age and are able to enter into legally binding agreements in the relevant jurisdiction(s).

Only registered users with the basic verification can post their task requests or offer their services on Moovick’s platform. 

The user can be verified by email and (or) mobile number and (or) ID document. Users of moovick.com website have to verify their identification. The website offers two types of identification:

Basic verification, which can be done through the phone and user’s email, without any extra information needed. 

Premium verification, with a credit card, which can be accessed by registering the user’s credit card information. The user is obliged to use his own credit card for the verification process.

The Moovick platform has the right to choose or change verification methods.

4. Conclusion of an Agreement between Client and Service Provider - (driver, handyman etc.)

• The Task Request posted by a client is a non-binding invitation to the Service Providers to submit their offers based on the requirements of the task. If the Client accepts the offer of a Service Provider, a legally binding Agreement is established between them. Indirectly, clients can also view the profiles and offers of Service Providers and book them based on their needs and when the Service Provider accepts their offer, the Agreement is established.
• While posting a task request or offering their service, users must describe their tasks or skills in as much detail as possible. This also entails specifying the price, time and place of the task, and grouping the task under specific categories. This makes calculating and planning a task easier for both the Client and the Service Provider.

For driver, handyman and other professional services:
Both the Driver/Handyman/Other Professionals and the Client shall respect and abide by all the information they have provided and agreed on (i.e. days, hours and (or) distance, vehicle and package information/tools required, pricing etc.) through the Moovick platform.

5. Prohibited items for Movers

If you are booking a mover service to deliver your items via Moovick’s platform, you express your agreement not to request or send any items that are prohibited by the transit or destination laws of any local jurisdiction. 

It is your responsibility not to request or bring any items that are prohibited by law for disembarkation, transit or embarkation. 

Prohibited items include (but are not limited to): 

• Dangerous materials 
• Counterfeit goods 
• Currency Stolen property 
• Alcohol 
• Firearms, ammunition, explosives or chemicals 
• Human remains 
• Pornography or obscene materials 
• Drugs 
• Any product or item that is associated with illegal activity, such as the production of illegal drugs
• Any object that is prohibited by law at the place of origin or destination or in another jurisdiction in transit between the place of origin and destination
• Batteries
• Aerosols or other flammable materials 
• Knives, batons or other weapons 
• Items without a customs declaration, if one is required

6. Terms of Payment 

Payments on the Moovick platform are currently possible by credit card, GPay or SOFORT.

The credit card 

With the transmission of the transaction details, you may also transmit your credit card details. After your verification as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction.

GPay

During the order process, you can be redirected to the website of the online provider GPay. There you can enter your payment data and confirm payment instructions to GPay. After entering the transaction data, we ask GPay to initiate the payment process. 

SOFORT bank transfer 

After you have entered the transaction details, you will be redirected to the Website of the online provider "SOFORT bank transfer", where you can confirm the payment instruction to "SOFORT bank transfer". 

Moovick reserves the right to offer payment methods through other third-party providers (like Stripe etc.) and will notify you if Moovick decides to do so. Moovick will publish relevant information about the new payment processing service provider on the Moovick platform. Moovick is neither liable nor responsible for the quality and final result of the payment method/payment procedure provided by the third parties. All claims in connection with the payments shall be addressed directly to the payment providers.

7. Platform Fees

Moovick charges a service fee based on the transaction conditions:

• For Service Providers:

Once you complete an order, Moovick charges a service fee (commission) 18% of your earnings, depending on the offer’s conditions. If your offer is way below market rates , dynamic fees may apply. While making an offer, you see final fees and taxes that may apply to the task.

• For Clients:

A 7% service fee is charged on the total payment amount.

8. Guarantee in case of loss or damage to property

Moovick do not pay any amount in compensation for loss or damage to your property by the actions of the service providers booked over the platform. It is client's responsibility to check all insurances that a service provider possesses before the start of the task.

If a Service Provider already possesses the items that need to be delivered and does not arrive at the meeting point at the agreed time with the client and does not respond within 24 hours, the items are considered lost or stolen and the action is taken according to the law of the country in which the Service Provider resides. Client will be refunded the booking amount in full. Moovick does not compensate for the value of goods that are lost or stolen. However, Moovick cooperates with authorities which helps to resolve the case as soon as possible.

9. Modifications to the Service and Prices 

Prices for our products are subject to change without notice. We reserve the right to change or discontinue the service (or any part or content thereof) at any time without prior notice. We shall not be liable to you or any other third party for any modification, price change, discontinuance or suspension of the Service.

10. Reviews

The client and the Service Provider have the opportunity to evaluate each other after the completion of the task.

These evaluations can be in the form of both ratings (ranging from 1-5 stars) and written reviews. The reviews must be honest and factual. They should not contain any insults or other forms of content that violates legal regulations or morals. A violation of this kind may lead to the complete or partial deletion of the review, or the blocking of the user or any further measures deemed appropriate. 

11. The Rights and Obligations of the User

• Users can be private individuals or businesses who use the platform only for their interests. 
• Service providers shall not use the platform as a source of main income (or consider themselves as an employee of Moovick) and, in any case, they are solely responsible for any breach and/or non-compliance with applicable tax and social security laws. Moovick is only the platform that unites people with common interests and bears no responsibility for service or relationships between users. Users must comply with all relevant laws. 
• The user undertakes to comply with the terms of this agreement, to behave in accordance with the Community rules and to pay for the services provided to him in accordance with the terms of this agreement.
• The user undertakes to independently verify the information about the terms and conditions for the provision of the services by the Moovick platform and their costs.
• When using the Moovick platform, the user undertakes to comply with applicable and valid laws, including legislation regarding the payment of taxes and fees.
• The user agrees to use the services only for legitimate purposes.
• The user undertakes not to perform any actions that violate the rights of Moovick and/or third parties.
• The user shall not in any way violate or otherwise endanger the security of the third party.
• The user undertakes not to take any action aimed at gaining access to another person's account. The user undertakes not to publish in the service any advertising for the items whose content is prohibited in accordance with the applicable legislation. It is the responsibility of the user to check the items immediately, as soon as the user receives the service. The user undertakes to regularly, but at least once a month, review the information related to the provision of the services, including the terms of these Terms of Use and their annexes. Continued use of the service shall be deemed the user's consent to the changes and additions, unless otherwise expressly provided in this agreement.
• The Service Providers are acting as individuals or businesses, in their own name and on their own behalf, and they are not connected with Moovick with any employment, contract or other similar relationship for the performance of their services. Therefore, in the event of the occurrence of any accident, damage, personal injury, death etc. during the performance of the task by the users, Moovick will have no responsibility thereof and the users will indemnify and hold Moovick harmless from any related third party claims.

12. Prohibited Uses

You are prohibited from using the website or any of its content: 

1. for unlawful purposes; 
2. to solicit or participate in the commission of any unlawful activity by any other person; 
3. to violate any international, federal, state, regional or local regulations, rules, laws or local ordinances; 
4. to infringe our intellectual property rights or the intellectual property rights of any third party; 
5. harass, abuse, insult, violate, defame, libel, slander, disparagement, intimidation or discrimination based on gender, sexual orientation, religion, ethnic origin, race, age, national origin or disability; 
6. provide false or misleading information; 
7. upload or transmit any virus or other type of malicious code that is or may be used in any way that is likely to affect the functionality or operation of the service or any related website, other websites or the internet; 
8. to collect or track the personal information of others; 
9. to spam, phishing, pharm, pretend, spider, crawl or scratch; 
10. for obscene or immoral purposes; 
11. to interfere with or circumvent the security features of the service or any related website, other websites or the internet. 

We reserve the right to terminate your use of the website or any related website and disable your account for violation or suspected violation of the terms of this section.

13. Terms of Cancellation

Only the services registered and booked through the Moovick platform can be considered for a refund. Any agreements made between the Client and the Service Provider outside the Moovick platform will not be considered. 

The cancellation of the Users may lead to a Refund procedure. The Refund process can take up to 7 working days.

For more information about rescheduling and cancellations by Clients and by Service Providers read our Cancellation & Refund Policy

14. Accuracy, completeness and timeliness of information

We assume no responsibility for the inaccuracy, incompleteness or timeliness of the information provided on this website. The information on this website is for general information purposes only and should not be used as the sole basis for decision-making. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information is not necessarily the latest information and is for reference only. We reserve the right to change the content of this website at any time. However, we are not obliged to update information on our website. You agree that it is your responsibility to monitor changes to our website.

15. Limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We cannot guarantee that the results that can be achieved by using the service are accurate or reliable. The services and content and all information on this website are provided "as is" without warranty of any kind. Although we offer identity verification by a third party that provides additional security for the transactions, we cannot and will not use identity verification to confirm the identity of each member. You are solely responsible for determining the identity and suitability of other persons with whom you may interact through our services.  

Moovick makes no warranties as to the accuracy, completeness, security or timeliness of the services, users’ declarations, content or information provided on the Moovick platform. No information accessed through the Moovick platform constitutes a warranty that is not expressly stated in these terms of use. You acknowledge and agree that these limitations and exclusions of liability and warranty in these terms of use are fair and reasonable.

To the fullest extent permitted by law, Moovick shall not be liable for any incidental, indirect, exemplary, punitive or consequential damages, lost revenues or damages for loss of data or business interruption arising out of the use or inability to use the Moovick platform, whether based on warranty, contract, tort, delict or any other legal theory, and whether or not Moovick has been advised of the possibility of such damages.

16. Applicable law 

These Terms of Use and all separate agreements under which we provide services to you are subject to the laws of the Federal Republic of Germany and will be interpreted accordingly. Access to the content may not be legal for certain individuals or in certain countries. If you access the website from outside Germany, this is at your own risk and you are responsible for compliance with the laws of your jurisdiction. All disputes arising between Moovick and users or between users must first be resolved by negotiation. If it is not possible to resolve the dispute through the negotiations, any lawsuits or proceedings arising out of or in connection with the terms of use must be filed with the court in Germany, and you agree to the exclusive personal jurisdiction and jurisdiction of such courts. 

17. Modifications of the Terms and Conditions

On this page, you can view the latest version of the terms of use at any time. We reserve the right, at our sole discretion, to update, modify or replace parts of these terms of use by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use or access to our website or service after the publication of any changes to these terms of use constitutes acceptance of such changes.

18. Complaints/Dispute Resolution

Under the link https://ec.europa.eu/consumers/odr/main/ the EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online orders without the involvement of a court. 

General information obligation according to § 36 Consumer Dispute Settlement Act (CDSA) 

! We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the CDSA. 

19. Intellectual Property Rights 

All content, text, images, data, information and other materials displayed, available or present on this website ("Content"), including any intellectual property rights in such content (including trademarks and copyrights) or other intellectual property rights related to the website (hereinafter "Intellectual Property Rights"), are the property of Moovick and are protected by applicable intellectual property laws. The user shall assume that everything the user sees or reads on the website is protected by intellectual property rights, unless otherwise stated, and may not be used without the written consent of Moovick or the respective owner, except as expressly stated in these terms. In addition, you acknowledge that Moovick has all rights, titles and legal claims to Moovick trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technologies, software and know-how relating to the design, function or operation of the service. Your rights in relation to the services are strictly limited to the rights expressly granted in this agreement. 

20. Exclusion 

Moovick reserves the right to exclude the user from any (further) use of the Platform without any prior notice, for example by blocking or deleting a User’s account, if there is a good reason to do so.

This applies in cases including (but not limited to):

1. The User acts in a way that violates these Terms and Conditions.
2. Moovick suspects that the User is guilty of fraud and/or other criminal offences and the User cannot justify that Moovick’s suspicions are invalid.
3. The User sends commercial messages or other disturbing or harmful content via the Moovick platform or App.
4. The User mistreats other users of Moovick by means of obscene, vulgar or racist language.
5. The User does not follow the applicable laws and regulations.

21. Pre-Inspection Appointments:

1. Selecting a Service Provider:

Clients may receive multiple offers for their task but are only permitted to choose one service provider for the pre-inspection. This selection is non-transferable.

2. Booking through the App:

After the pre-inspection, clients are required to book the chosen service provider exclusively through the Moovick app for the entire renovation task.

3. Accountability:

It's important to note that service providers on our platform are independent contractors and not direct employees of Moovick. While we strive to maintain the highest standards, Moovick is not responsible for any actions, behavior, or conduct of service providers during or after the pre-inspection.

These terms are designed to enhance the experience of clients seeking significant home renovation tasks while ensuring the safety and convenience of all parties involved.

Should you have any questions or need further assistance, feel free to reach out to us. We're here to make your Moovick experience as smooth as possible!