{"service":{"name":"Glovo","url":"https://glovoapp.com/pl/legal/terms/","lang":"ENG","sector":"Food","hq":"Spain","hq_category":"EU","is_public":"Indirectly public","is_paid":"Optionally paid","date":"17.01.2022"},"document":{"title":"","text":"General Terms of Use and Contracting\n \nLast updated on: 17 January 2022\nThese general terms of use and legal information (hereinafter, the “General Terms”) apply to the website of\nGlovoapp23, S.L. (hereinafter, “Glovo”), whose domain is  https://glovoapp.com, and to its related mobile\napplication, as well as to all its related sites or sites linked from https://glovoapp.com by Glovo, as well as its\naffiliated companies and associates, as set forth in Annex I, including Glovo’s websites worldwide (hereinafter\nand collectively, the “Site”). The site belongs to Glovo. By using the site, you accept and expressly agree to these\nterms of use. If you do not agree, please refrain from using it.\nGlovo hereby makes the Glovo website and mobile application (hereinafter, jointly, the “Platform”) available to\nusers (hereinafter, the “User” or “Users”).\nIn accordance with the provisions of the applicable legislation, the following identification details of the site owner\nare provided below:\nCompany name: Glovoapp23, S.L.\nRegistered address: C/ Pallars 190, 08005 Barcelona.\nCommercial Register registration details: Protocol 2014/1249, Volume: 44467, Folio: 76, Sheet: 456858,\nEntry: 1.\nTax Identification Number (NIF): B66362906\n1. Object\nGlovo is a technology company whose main activity is the development and management of a technology\nplatform through which certain local stores in a number of territories can offer their products and/or services by\nmeans of a mobile or web application on the platform (hereinafter, the “APP”) and, in an ancillary manner, where\napplicable and if so requested through the APP by users of the APP and consumers of the said local stores, act\nas an intermediary in the planned or immediate delivery of the products.\nGlovo has developed a Platform through which a variety of merchants, with which Glovo can have in place a\ncommercial agreement for the use of the platform, offer a selection of products and/or services. Users can\nrequest the purchase and/or collection of products and services from such merchants in person by means of a\nmandate given by them to a third party when placing an order through the Platform. In such cases, Glovo acts as\na mere intermediary and is therefore unable to assume, and does not assume, any responsibility for the quality of\nthe products or for the proper provision of the services offered directly by the merchants or by such third parties.\nIn addition, Glovo is a multi-category Technology Platform for intermediation in the contracting of “on demand”\nservices by distance electronic means. Its aim is to make it easier for any persons requiring help with their\nerrands, services, purchases in person and/or collection of products from local merchants (hereinafter, “Users”) to\ncarry out their errands by delegating to such third parties, who are willing to voluntarily carry out the mandate\ngiven to them by Users (hereinafter, the “Mandataries”).\nMandataries are thus a network of self-employed professionals who work with Glovo. When they wish to provide\ntheir services, they log onto the Glovo Platform and undertake to carry out within a certain amount of time the\nservice entrusted to them by the User by means of the above-mentioned mandate. As a result, Glovo cannot be\nresponsible for delivery times, as they will depend on the local stores’ own successful operations, the preparation\nof orders, the Mandataries themselves, and the information furnished by Users when placing orders or their\navailability and response at the time of delivery. In relation to this, the delivery times stated on the Site are\nprovided for indicative purposes only.\nGlovo hereby confirms that it has obtained all necessary licences for the pursuit of its commercial activities in the\ncountries in which it operates.\nThroughout these General Terms of Use, both Users and Mandataries will be referred to as Users of the\nPlatform.\n2. Terms of Use\nBy accessing the Platform and voluntarily creating a profile, all Users acknowledge and expressly and\nunambiguously agree to these General Terms of Use and Contracting as well as to the Privacy Policy and the\nCookie Policy.\n\n3. User Access and Registration\nIn order to be a User of the Platform, it is essential that you meet the following requirements:\nUsers must be at least 18 years of age.\nUsers must truthfully complete the mandatory fields of the registration form requesting personal details\nsuch as the User’s name, e-mail address, telephone number and bank card number.\nUsers must agree to these Terms of Use and Contracting.\nUsers must agree to the Privacy and Data Protection Policy.\nUsers must agree to the Cookie Policy.\nThe User warrants that all the information regarding his/her identity and capacity provided to Glovo in the\nregistration forms for the Platform is true, accurate and complete. In addition, Users undertake to keep their\ndetails up to date.\nIf a User provides any false, inaccurate or incomplete information or if Glovo considers that there are well\nfounded reasons to doubt the truthfulness, accuracy or integrity of such information, Glovo may deny that User\ncurrent or future access to, and use of, the Platform or any of its contents and/or services.\nWhen registering on the Platform, Users must choose a username and password. Both the username and the\npassword are strictly confidential, personal and non-transferable. In order to increase the security of accounts,\nGlovo recommends that Users do not use the same login credentials as on other platforms. If a User uses the\nsame login credentials as on other platforms, Glovo will be unable to guarantee the security of the account or\nensure that the User is the only person logging into his/her profile.\nUsers undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be\nsolely responsible for any use of such details or of the services of the Site that may be made by third parties,\nincluding the statements and/or contents entered on the Platform, or for any other action carried out under their\nusername and/or password.\nUsers are the sole owners of the content entered by them on the Platform. Furthermore, by registering on the\nPlatform and agreeing to these Terms, the User grants Glovo, in relation to the content that he/she may provide,\na worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify,\ncreate derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by Glovo,\nwith or without any further communication to the User and without having to pay any amounts for such uses.\nGlovo cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by\nunregistered third parties of a registered User’s identity. Users undertake to inform Glovo immediately, using the\ncommunication channels made available by Glovo, if their credentials are stolen, disclosed or lost.\n              3.1 Profile\nIn order to complete their registration on the Platform, Users must provide certain details, such as: username, e-\nmail address, telephone number and bank card details, among others. Once they have completed the registration\nprocess, all Users will be able to access, complete and edit their profile as they deem appropriate. Glovo does\nnot store users’ payment data, which shall be processed and stored by the payment service provider as\ndescribed in these Terms and in the Privacy Policy.\n              3.2. Credit Card Theft or Appropriation\nSince Glovo cannot guarantee the identity of registered Users, Users are under an obligation to inform Glovo if\nthey have evidence that the credit card associated with their Glovo profile has been stolen and/or is being\nfraudulently used by a third party. Therefore, since Glovo and its payment platform are proactive in the protection\nof Users through the use of appropriate security measures, if a User fails to inform Glovo of the missing card,\nGlovo will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account.\nGlovo suggests that Users report any theft, robbery or suspected misuse of their credit card to the police.\nIf necessary, Glovo undertakes to assist Users and cooperate with the competent authorities as may be\nnecessary to provide reliable evidence of the wrongly applied charge. In the event of fraud, Glovo reserves the\nright to take any appropriate action if it has been detrimentally affected by the misuse of the Site.\n4. Operation of the Service. Terms of the Mandate.\nWhen a User who is registered as a User needs help with an errand, he/she must go to the online platform or the\nrelevant Glovo application and request the service using the said electronic methods. The basic courier service\ninvolves the collection and subsequent delivery of a product to and from the addresses established by the User,\nprovided that they are within the territory in which Glovo operates. Similarly, a User may ask a Mandatary to\n\npurchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses\nspecified. The Mandatary undertakes under a mandate to purchase the products ordered by the User on the\nlatter’s behalf and according to his/her indications and specifications.\nUsers are solely responsible for providing the correct addresses for delivery and collection on the Platform, and\nthey therefore release Glovo and the Mandatary from any liability for negligence or error in the collection or\ndelivery of the order as a result of providing incorrect addresses for collection and delivery. As a result of the\nforegoing, the cost resulting from providing an incorrect address for collection and delivery on the Platform shall\nbe borne by the User.\nUsers must provide all the information, in as much detail as possible, about the service to which the assignment\nrelates and, if applicable, in relation to the product that they are asking the Mandatary to buy in a physical shop\non their behalf. To do this, they may provide any comments they may deem useful in the “comments” section as\nwell as, where appropriate, share a photograph with the Mandatary to identify the order. Users will be in constant\ncontact with the Mandatary and may communicate with him/her at any time to ensure that he/she carries out the\nmandate according to the Users’ own instructions.\nIn order to facilitate direct communication with the Mandatary and in the event of any incidents in the processing\nof the order and/or in order to inform of any changes thereto, GLOVO makes available to Users an internal chat\nsystem allowing direct and immediate contact between the User and the Mandatary while the order is being\ncarried out. The chat session will be deactivated as soon as the User has received the product or the order is\ncancelled for any of the reasons envisaged. If a User wishes to contact the Mandatary or Glovo after the order\nhas been completed, he/she must use the contact form available on the Platform and contact the User assistance\nservice.\nThe User releases Glovo and the Mandatary from any liability for negligence or error in the indications given by\nthe User for the purchase of the product ordered for purchase in a physical store on his/her behalf. As a result,\nthe User shall bear the cost arising from providing incorrect indications on the Platform regarding the products\n(such as an incorrect address or product).\nWhen placing an “Anything” order, Users may set an approximate price if the price of the product and/or service\ndoes not appear on the platform. In such case, the service or product may be purchased by the Mandatary in\nperson based on the User’s estimate and never for more than 30% above the said estimate. If the price is higher,\nthe Mandatary shall contact the User to inform him/her of this situation, and it will be the latter who makes the\nfinal decision on whether or not to proceed with the purchase in person at the store. Glovo may provide an\napproximate price estimate, merely for the purpose of helping the User, and such estimate shall not be binding as\nthe final price payable by the User in any event.\nIf the price of the product/service does appear on the Platform, the prices appearing on the Platform may be\nindicative as provided in Clause 7 of these General Terms and Conditions of Use of the Platform.\nIf the product and/or service is not available, the Mandatary must call the User to set out the available options. If\nthe User does not accept any of the options set out by the Mandatary and is therefore not interested in the\nalternative options, he/she must accept the cancellation policy set forth in these General Terms of Use (Section\nNine). If the User does not answer the phone, the Mandatary shall wait 5 minutes before leaving.\nUsers accept that according to the services contracted through the GLOVO platform, they can receive the\ninvoices corresponding to the delivery, courier or management services, by the Mandataries.\nIf the User is not at the place agreed for delivery, the Mandatary shall retain the product for 24 hours, or for 5\nminutes in the case of perishable products. In addition, the User must bear 100% of the cost of the basic courier\nservice, as well as the price of the product if one has been purchased or contracted through the Mandatary at the\nUser’s request, and will have to pay for another service in order to receive the products that were not delivered.\nThe Mandatary will in no event be liable for the deterioration or expiry of the product to which the assignment\nrelated.\nOnce the assignment has been completed, if the request included the in-person purchase of a product, the\nMandatary shall give the User the paper receipt for such product and/or provide it by e-mail. If the object of the\nassignment is the mere delivery of a product, the Mandatary shall deliver it to the User at the exact time and\nplace indicated by the latter. All this without prejudice to the electronic receipt for the service that will be received\nby the User at the e-mail address associated with his/her account.\nAt that moment, the User, who is the recipient of the service identified by the user in the order, or any third party\nauthorised by him/her, must where appropriate ratify the mandate given by signing on the Mandatary’s device.\nGlovo is unable to verify the authenticity of the User’s signature. If the User receives confirmation that the order\nhas been carried out without having ratified the mandate either personally or through a recipient authorised by\n\nhim/her, he/she must inform Glovo immediately so that appropriate steps can be taken by the Platform. Glovo\nreserves the right to check any communications made by the User for verification and monitoring purposes.\nFOOD / PACKAGED PRODUCTS: Glovo recommends that, when ordering food products under a mandate,\nUsers ask the Mandatary and/or the establishment offering the products, using the methods available on the\nPlatform, for information on the content and composition of the food products ordered.\nFurthermore, Glovo is not responsible for ensuring that food orders are delivered to Users in properly closed\nbags, which should ideally be labelled or sealed. \n5. Returning Non-Perishable Products\nIf a User wishes to return a non-perishable product or make a claim about the provision of a service, without\nprejudice to Glovo’s ability as an intermediary to take over the handling thereof, the party with ultimate liability will\nalways be the merchant at which the purchase was made. If the User obtains a refund for the purchase price, the\nmerchant will decide how to make the refund (cash, credit card, store voucher, etc.) regardless of whether it is\nGlovo who pays the refund on the local merchant’s behalf. Therefore, the return of a non-perishable product\npurchased by the Mandatary pursuant to a mandate conferred by the User shall be subject to the merchant’s\nreturns policy in any event.\nAs certain establishments may not have premises open to the public, Users will be unable to access them for the\npurpose of processing any claims or returns. In such cases, they must contact Glovo’s User assistance service\nfor the necessary help and support using the channels available on the Platform.\nIf a User wishes to process the return of a non-perishable product because it did not match the order made\nthrough the platform, he/she must provide a photograph of the total order together with a list of the incorrect or\nundelivered products, as well as other proof of the inadequacy of the product requested.\nThe User must check the non-perishable products delivered by the Mandatary at the delivery address before\nsigning and, where appropriate, ratifying, the mandate. By means of the said signature, the User confirms and\nratifies the mandate, the purchase in person or the service carried out on his/her behalf. In addition, the User\nstates that a third party may ratify the mandate on his/her behalf, for example if the User is not at the final\ndelivery address or has designated a third party for collection and signature where appropriate. The User (and/or\nthe said third party) is thus responsible for checking that the service provided is adequate as well as, where\napplicable, for collecting enough evidence to prove that it was not.\nIn any event, the decision regarding whether a return is appropriate will lie with the merchant in each case. The\nUser must therefore inform Glovo through the methods provided by Glovo for that purpose if a dispute arises.\n6. Prices of the Services and Billing\nUsers can register for the Platform, and use it, free of charge, although this is subject to review by Glovo at any\ntime. Users may have to pay for certain services on the Platform as provided in these General Terms and\nConditions of Use.\nThe use of the Platform by Mandataries and merchants may have an associated cost based on the country from\nwhich they wish to use the Platform to provide services.\nThe User only has to pay for each service requested through the Platform for his/her use thereof to order\nproducts, and to communicate through the Platform, as well as for the courier or errand services provided by third\nparties.\nIn the event of rain or bad weather conditions, the User will have to pay an additional fee for the courier or errand\nservice provided by third parties in such weather conditions.\nIn addition, for services that include the purchase of a product, the User must pay the price of such product. By\nregistering through the Platform and providing the required bank details, Users expressly authorise Glovo to\nissue receipts for payment of the services requested, including the price and delivery of the products ordered.\nThe total price of each service may be composed of a variable percentage based on the number of kilometres\ntravelled and the time taken by the Mandatary, as well as, where applicable in cases in which a User requests the\nphysical purchase of a product or service, the price established by each merchant. Glovo reserves the right to\nchange the price based on the distance travelled and/or the time slot in which the service is performed. In\naccordance with these terms, the User will be entitled to know the approximate fee for the service before\ncontracting it and paying for it, unless the User has not specified the address for collection. The fee for the\ndelivery service may vary in cases of force majeure beyond Glovo’s control that entail an increase in such fee.\n\nThe fee may include tips for the Mandatary and/or the local store, whose amount shall be solely and entirely at\nthe User’s discretion.\nGlovo reserves the right to change the prices on the Platform at any time. Such changes shall take effect\nimmediately after publication. The User expressly authorises Glovo to send him/her by electronic means, to the\ne-mail address provided by the User during the registration process, receipts for the services contracted and/or\nthe bills generated. If an invoice is required, the User must enter the relevant tax data on the platform before\nplacing the order.\nIf a service is cancelled by the User once the preparation of the order by the local merchant has been confirmed\nand the User has been informed, Glovo will be entitled to charge the User the fee applicable in each case.\nSimilarly, if the User has asked the Mandatary to purchase a product on his/her behalf and the User cancels the\norder after the purchase has been made, the latter shall bear the cost of the delivery services provided by the\nMandatary as well as the full price of the product. All this without prejudice to the User’s ability to request a new\nservice in order to return the products purchased or to have them delivered at a different address. In the case of\nnon-perishable products, the User may exercise his/her right of withdrawal vis-à-vis the merchant that sold\nhim/her the products. If the User wishes to exercise this right through Glovo, he/she must request the service\nagain.\n              6.1. Payment Platforms\nPayment for products and/or services offered on the Platform, sold in person at restaurants and/or stores and\ndelivered to Users in a deferred manner is temporarily made to Glovo, who then sends it to the restaurants and/or\nstores with which it has a commercial agreement in place. The associated restaurants and/or establishments\nauthorise Glovo to accept payment on their behalf. Payment of the price of any product (such as food, drink, a\ngift, etc.) properly made to Glovo will therefore discharge the User’s obligation to pay the said price to the\nassociated restaurants and/or establishments.\nSimilarly, the User’s payment releases him/her from any obligation vis-à-vis the Mandatary, as full payment from\nthe User discharges any obligation that the User may have vis-à-vis restaurants and/or stores and/or\nMandataries.\nPayment by Users for products and/or services is received at Glovo’s accounts through an Electronic Money\nInstitution. Electronic Money Institutions are authorised to provide, directly or indirectly, regulated payment\nservices in all the territories in which Glovo operates and are in compliance with the current legislation applicable\nto payment services for Platforms such as Glovo*.\n*If such institutions are not authorised, Glovo will accept no liability for such lack of authorisation or licence, and\nsole and exclusive liability shall lie with the Electronic Money Institutions.\nUsing the payment provider contracted by it for this purpose and for the sole purpose of verifying the means of\npayment provided, Glovo reserves the right, as a fraud prevention measure, to request a payment pre-\nauthorisation for the products ordered through the platform. Such pre-authorisation shall in no event involve\npayment of the full amount of the order, as this will be done solely and exclusively after the products have been\nmade available to the User, or for the reasons set forth in these terms and conditions.\nIn order to provide Users with greater support, Glovo shall be their first point of contact and shall accept liability\nfor payments made on the Platform. Such liability includes refunds, returns, cancellations and early-stage dispute\nresolution, and it is without prejudice to any actions that may be taken by Glovo vis-à-vis local merchants as the\nsole physical sellers of the products ordered by Users.\nIn accordance with the foregoing, in the event of a dispute, Glovo shall provide the first line of support and shall\nreimburse the User if this is deemed appropriate.\nIf a User has any issues with the progress of his/her order, he/she may contact Glovo’s User assistance service\nthrough the methods made available to Users on the Platform.\n7. Price of the Products and/or Services Appearing on the Platform\nAll the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory from\nwhich the User operates and shall in any event be denominated in the currency in force in the territory from which\nthe User operates.\nIn accordance with Clause 6 above, the prices applicable to each service shall be as published on the Platform,\nsubject to the specific characteristics set forth above, and applied automatically at the last stage of the\ncontracting process.\n\nHowever, the prices of the products sold in restaurants and/or stores shown on the Glovo Platform may be\nindicative only. In any event, they correspond to the products sold in restaurants and/or stores, and they are set\nsolely by them. The User may contact the Mandatary to confirm the final price of the products ordered.\nThe User assumes that, in any case, the price of some products may change in real time based on the\nestablishment that sells them and on the available stock. The User may contact Glovo for any information about\nthe order placed.\nIn accordance with the foregoing, the User grants the Mandatary, by means of the purchase and delivery request\nmade through the Platform, a mandate to purchase the products in person, on his/her behalf, at the price set by\nthe merchants. The User may be in direct contact with the Mandatary while the order is being carried out.\n8. Promotional Codes and/or Other Offers or Discounts\nGlovo may unilaterally provide at any time credits for use within the Platform or free shipping to certain Users.\nThe User acknowledges and accepts that credits and free shipping must be used within six (6) months from the\ndate on which the credit or free shipping was made available to the User on the Platform.\nPromotional codes and/or other offers or discounts offered on the Platform must be correctly entered in the\napplication before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy\nthem. \nWhenever a cancellation is requested by Glovo in accordance with Section 9 below, the User shall ensure that\nthe promotional code and/or other offer or discount is valid for future use. When the cancellation is at the User’s\nrequest, Section 9 below will apply.\nGlovo reserves the right to unilaterally cancel promotional codes and/or other offers or discounts offered if it\nbecomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by\nsomeone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts),\nat the end of the above-mentioned period. Furthermore, it reserves the right to apply sanctions to Users for the\namount for which Glovo has been defrauded as a result of such use.\nGlovo will accept no liability if, due to an event of force majeure or other events beyond its control or whose need\nis justified, it is forced to cancel, shorten, extend or amend the conditions of promotions.\nIn particular, Glovo will accept no liability if the website is not available at any time during promotions or for a\nmalfunction in the automated promotion system.\n9. Right of Withdrawal and Cancellation of Orders\nIn accordance with the nature of the service offered by Glovo, the User is aware that, once a Mandatary has\nvoluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User\nmay therefore no longer be entitled to withdraw the service request free of charge.\nWithout prejudice to the foregoing, the cost of cancellation may depend on the following factors;\n- If the restaurant or establishment has already accepted the order and started preparing it, the User will be\ncharged the price of the products. The User will be informed of the restaurant’s acceptance through the Platform\nand/or by e-mail at the e-mail address registered by the User. \n- If the User cancels the order once the Mandatary has accepted it for processing, the User will be charged the\ncancellation fee. The User will be informed of the Mandatary’s acceptance through the Platform. The User can\nsee the cost of cancellation on the Platform. If the order is cancelled by Glovo, the agents will contact the User to\ninform the latter of the cost of cancellation if there is one.\nIf the restaurant or establishment and the Mandatary have accepted the order for processing, the User will be\ncharged both the price of the products and the cancellation fee.\nThe total cost of cancellation will appear on the User’s screen on pressing the “Cancel” button on the Platform.\nThe User will be shown the charge to be applied, based on the factors described above, in advance.\nIn the case of certain cities, it may not be possible to view the cost of cancellation directly on the Platform. In\nsuch cases, the applicable costs of cancellation will be those set forth in Annex II hereof.\nIn the case of non-food or non-perishable products, if the Mandatary has already purchased the product ordered\nat the time of cancellation, the User may ask the Mandatary to return it. To that end, the User must pay the\nproducts’ full purchase price and delivery costs, as well as the cost of the return service. If the Mandatary has\n\nbeen able to return the product, its value will be refunded to the User who, as mentioned above, must pay the\ncost of the two collection and delivery services as well as the return service. The return shall in any event be\nsubject to the merchant’s return policies, and the User therefore states that he/she is aware that, in the case of\nperishable products (e.g. food), the product may not be returned and Glovo will therefore be entitled to charge\nhim/her for both the product already purchased by the Mandatary under his/her mandate and for the cost of the\ndelivery service incurred.\nNotwithstanding the foregoing, in the specific case of orders placed on the Platform through the McDonald’s\nproduct drop-down menu, the User must deal directly with Glovo.\nIf the User has given an incorrect delivery address for the products, he/she may enter a new address at any time\nprovided that it is within the same city as the original order and this is a city in which Glovo provides its\nintermediation service. In such case, the User will be ordering a new service and agrees to be charged the\nappropriate amounts for the new delivery. If the address is in a different city from the one originally specified, the\naddress may not be modified for delivery in a new city, and the order will be cancelled, with the User bearing the\nresulting costs as provided in this clause.\nGlovo reserves the right to cancel an order without having to provide a just cause.  In the event of cancellation\nwithout just cause at Glovo’s instance, the User shall be entitled to a refund of the amount paid.\nGlovo has official claim forms available to Users, in the official languages of the countries in which Glovo\noperates, in relation to the service offered by it. Users may request the above-mentioned claim forms through\nGlovo’s User assistance service, and the option to access them will be sent automatically. The User’s e-mail\nmust specify the exact location from which the request is being made, which must be the same as the place\nwhere the service is to be carried out. In the event of doubt, the claim should be made from the latter place.    \n10. Special Terms of the Product Purchase Service through Glovo\nThe User has the option of requesting through the Platform the purchase by a Mandatary, in person, of a\nselection of products and/or services offered by establishments with which Glovo may or may not have a\ncommercial agreement in place. Using a drop-down menu within the Platform, the User can choose from among\na number of options that may indicate the characteristics and price of the product or service as well as,\nsometimes, even a photograph thereof, for indicative purposes only.\nIf a User wants to know the composition and nutritional information of the products available on the Platform,\nhe/she must contact each establishment directly to obtain full information about the products.\nOnce the User has selected one of the options, he/she can also complete the order by using the free-text space\nprovided in order to include more detailed information or instructions for the Mandatary who is to carry it out.\nBy using the “Anything” Button, the User states his/her wish to order the purchase in person of certain products,\nand the Mandatary will be a mere agent acting on the User’s behalf. The User may specify the products to be\nincluded in the order by using the free-text box to include more detailed information or instructions for the\nMandatary who is to carry it out. As a result of the foregoing, the User shall be solely responsible, and it would be\nthe User who, if the situation arose, would be liable for any incident arising from the nature of the products (such\nas a sanction, civil and/or criminal liability, financial liability, etc.). In relation to this, Users should be aware that\nGlovo actively collaborates with the authorities of each country to combat, among other crimes, fraud, drug\ntrafficking, money laundering, terrorism and identity theft. The User is therefore aware that Glovo may disclose\nhis/her data to public authorities on their request in order to prevent and avoid the commission of these or other\ncriminal offences.\nThe User is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the\nproducts and/or services available on the Platform, are provided based on the information and documents\nsupplied by the establishments, and that Glovo is therefore unable to provide any guarantees against any\npossible inaccuracies in such descriptions, prices and/or photographs.\nFurthermore, the User accepts that all the products appearing on the Glovo platform are subject to availability\nand, in this regard, accepts the possibility that, while carrying out the order, the product and/or service may be\nfound not to be available at the establishment. In addition, the price of the product is subject to slight variations\ndue to modifications at the point of sale. Glovo reserves the right to proceed with the purchase in the case of\nprice variations of up to 30%. If the variation is greater than the said 30%, the Mandatary shall contact the User to\ninform him/her of the situation.\nGlovo reserves the right to withdraw any product from its platform, as well as to modify the contents of its\ninformation sheet at any time, without thereby incurring any liability of any kind.\n\n                 10.1 Deliveries\nGlovo provides Users with a delivery service for products purchased by a Mandatary in person in certain cities.\nSuch an order can be carried out whenever the following conditions are met at the time of payment:\nThe service must be operative during the chosen time slot.\nThe goods to be delivered must be in one of the cities, and within the available area, in which Glovo\noperates.\nThe destination must be located in the same city as the product.\nThe product(s) ordered cannot exceed the following size: 40 cm x 40 cm x 30 cm*\nThe maximum weight of a single order will be approximately 9 kg*\n*The above-mentioned size and weight will not apply in the case of vehicles capable of accommodating such\nvolumes.\n                 10.2. Price and Payment Method\nThe price of the product and/or service shall be as stated by the establishment on the Platform. However, the\nUser knows that the price of some of the products may vary in real time due to stock availability at the\nestablishments appearing on the platform, and that the User will in any event always be told the final cost before\npayment.\nFrom the moment when the Mandatary is 1000 metres away from the order collection point and until its delivery,\nthe User may contact the Mandatary who will be acting on the User’s behalf in the purchase of products and\nservices. Any change or variation shall therefore be reported by the Mandatary for the User’s approval before\ncarrying out the mandate. If the User wishes to make any comments regarding the order, he/she will always be\nable to directly contact the Mandatary who is carrying out the mandate.\nSimilarly, at the payment gateway stage, the User will be informed of the final price and approximate time of\ndelivery in accordance with the terms of Glovo’s courier service set forth above.\n The User may pay for the products and/or services in cash or by credit card. The cash payment option may be\nunavailable in some of the countries in which Glovo operates. When making the order, the User will be informed\nof the various payment options available in the territory from which the service is being requested. In order to pay\nwith a credit card, the User must provide the card details through the platform as a payment method associated\nwith his/her account. Glovo does not store card numbers on its servers and can only view the last four digits of\nthe card. The full information shall be stored on the servers of the payment service provider that makes the\npayments on Glovo’s behalf. Users paying by credit card will incur no additional charges for choosing this\npayment method. All this in accordance with the terms of the payment platform set forth in Clause 6.1.\nIn the case of cash payments, the User must pay the price at the time of delivery of the product and/or on\ncompletion of the assignment at the place of delivery. The User may not refuse to pay the delivery fee and/or the\nprice of the product ordered. The User can only refuse to pay the service fee if he/she has made a complaint and\nhas received a response from Glovo that is favourable to the User by the time of the delivery.\nIf payment for the service can for any reason not be taken from the User, the User’s account shall be blocked\nuntil the situation has been rectified and the debt has been settled.\n              10.3. Home Delivery of Free Samples and Other Commercial Actions\nGlovo reserves the right to enter into commercial agreements with Stores, Department Stores, Entrepreneurs,\nProfessionals (e.g. mass market food companies, laboratories, Department Stores, large and small consumer\nbrands, etc.) to send promotional communications, including the addition of free samples to the order delivered to\nthe User’s home.\n11. Special Terms of the “SuperGlovo” Service\nGlovo makes available to Users, on the Platform, a category where they can choose from a range of products\nthat can generally be found, among other places, in supermarkets, department stores and/or personal care\nestablishments so that the Mandatary who agrees to carry out the order can deliver them at the address provided\nby the user.\nAfter selecting their preferred products, Users may request, using the mechanisms available on the Platform,\ninformation on the products’ allergens, intolerances, composition and/or nutritional information, which shall be\nprovided through the contact chat service or the User’s e-mail address registered on the Platform. Glovo may\nalso make available to those Users who request it information links where they can find and review such\ninformation. “SuperGlovo” orders shall be governed by the provisions of Clause 10.1 above.\n\nUnless otherwise specifically provided in this section, the General Terms of Use shall apply to the “SuperGlovo”\nService.\n12. Special Terms of the B2B Glovo Business Platform Service\nGLOVO has a platform for sending and delivering products available to businesses and professionals. This\nsection shall apply to the specifications of the services offered by GLOVO on the\nwebsite https://business.glovoapp.com/. The General Terms of Use and Contracting shall apply to everything not\ncovered by this section.\n            12.1. Object\nThe User may log into the Glovo Business Service using his/her username and password registered on the\nPlatform for the purpose of requesting the collection and delivery of the desired products from one or more\ncollection points and to one or more delivery points, and their transport will be carried out directly by the\nMandataries.\nThe services requested by the User on the Glovo Business Platform will not entail the purchase of Products but\nmerely intermediation services in the delivery of the desired products from the collection address to the delivery\naddress.\n            12.2 Type of Service\nWhen using the Glovo Business Platform, Users will be able to choose between the following types of service:\n1. \"One-way order\": Products are collected from a single place and delivered to a single delivery address.\n2. “Return order\": Products are collected from a single place, taken to a second address and then returned to\ntheir point of origin (the first address).\n\"Multiple pick-up order\": There are several collection addresses and a single delivery address.\n1. “Multiple drop-off order\": There is a single collection address and several delivery addresses.\nEach Order may have a free-text box for each order so that Users can include any relevant comments about their\nOrders for clarification to the Mandatary.\nOnce the order has been placed, the Mandatary will go to the collection point(s) established by the User in order\nto collect the Order(s) together with their Confirmation on the Platform. To collect an Order, the Mandatary must\npresent the Order Confirmation on the Platform. Finally, the Mandatary must deliver the Order to the designated\ndelivery address(es).\nUsers may cancel an Order free of charge until it has been accepted by a Mandatary. However, if a User cancels\nan Order that has been accepted by a Mandatary, the User will have to pay 100% of the price for cancelling an\norder in progress.\nIf the Mandatary arrives at the delivery address and the intended recipient of the Order does not appear within 10\n(ten) minutes of waiting and communication attempts, the Mandatary must return the Order to the initial collection\naddress and Glovo will be entitled to charge the User for the additional expenses incurred in connection with the\nnew service carried out.\nThese additional costs shall be calculated based on a variable cost that will depend on the number of kilometres\ntravelled to the point of delivery and a fixed cost corresponding to the return of the order to the address of origin.\nIf a User has any problems while placing an Order, he/she must contact GLOVO’s support service.\nThe Glovo Business Platform will be available on the days and at the times when the platform is active.\nThe size of packages that can be carried by Mandataries may in certain circumstances be subject to restrictions.\nProducts must be located in the cities in which Glovo operates, and their collection and delivery points must be\nlocated in the same city and areas served by Glovo.\n               12.3. Fee for the Services\nThe Price of each Order will consist of a variable fee (plus any indirect taxes that may be applicable by law)\nbased on the distance travelled (km) (hereinafter the “Fee”).\n\nGLOVO reserves the right to modify prices based on the distance involved and/or the time of day when the Order\nis carried out.\nIn accordance with these terms, Users will be entitled to know the approximate Fee that they will have to pay for\ntheir Order before they place it. The Fee may vary if there are events of force majeure beyond Glovo’s control\nthat result in an increase in the Fee payable. Glovo shall also pay the Mandatary’s Fee on the User’s behalf. The\nFee may also be increased if a User provides subsequent information to the Mandatary, such as a change of\ncollection and/or delivery address(es) or the addition of addresses to the initial order.\nPayment for the service rendered may be made by the following methods, to be freely chosen by the User:\nCredit card: Users may pay for each Order individually using a credit card in the same manner and under\nthe same terms as provided in the General Terms of Use and Contracting.\n \nMonthly payments / direct debit: GLOVO will collect the total amount incurred by the User in each calendar\nmonth by direct debit based on the information provided by the User.\nIf the direct debit is cancelled and the relevant payment can therefore not be taken, the amount owed by the User\nwill be charged to his/her associated credit card her on the same day on which GLOVO is notified of the direct\ndebit failure. In such case, the User must bear the costs arising from the direct debit failure (e.g. bank charges).\n13. Purchases of Alcohol\nUsers who place an order that includes the purchase and/or delivery of alcoholic drinks through the platform must\nbe of legal age. This means that they must be at least the age stipulated by the local legislation applicable in the\nterritory in which the User is placing the order. When placing an order that includes alcoholic drinks, the User\nconfirms that he/she is at least the age stipulated by the local legislation applicable in the territory in which the\nUser is placing the order. Glovo reserves the right to refuse the order for the purchase and/or delivery of alcohol\nto any person who is unable to prove that they are at least the age stipulated by the local legislation applicable in\nthe territory in which the User is placing the order.\nThis clause will apply in exactly the same way to any other similar product and/or service ordered by a User\nthrough the Platform that is reserved for over-18s under the current legislation.\nSimilarly, in those cases and cities in which the sale and/or delivery of alcoholic drinks is restricted during a\nparticular time slot, it is the User’s responsibility to place orders only during the times allowed under the\napplicable legislation. Glovo reserves the right to refuse the order for the purchase and/or delivery of alcohol\noutside the permitted times.\n14. Products from Pharmacies\nIn accordance with the current legislation, Glovo does not sell or advertise medicines for human use through the\nPlatform. Mandataries act as agents of those Users who order, through the Platform, non-prescription drugs for\nhuman use for collection.\nIn any event, Glovo guarantees to Users the availability of a pharmacist’s advice before ordering their medication.\nFor this purpose, Glovo has included a SPECIAL REQUEST box so that, in the event of doubt, the User can\nconsult the pharmacist who is to dispense the product(s) through the Platform, all this in order to ensure that the\nPharmacist can dispense the correct product.\nIn any event, Glovo will accept no responsibility for Users’ use of the products ordered in the Pharmacy section or\nbe liable for the amounts and/or condition of the products dispensed at pharmacies.\n In addition, the Platform may provide the pharmacy that dispenses the medicine ordered by the User with the\nlatter’s username and phone number so that it can answer the User’s questions. This disclosure of data will in\nany event be subject to the User’s express and unambiguous authorisation in accordance with the applicable\ndata protection legislation.\nGlovo makes available to all Glovo Users on the Platform the medicines’ official data sheets published by the\nSpanish Agency for Medicines and Medical Devices (Agencia Española de Medicamentos y Productos\nSanitarios) of the Ministry of Health, Social Policy and Equality (Ministerio de Sanidad, Política Social e\nIgualdad).\n15. Policy on the Delivery of Restricted Items\n\nNon-Exhaustive List of Examples:\n \n \nAlcohol and Tobacco Products\nDeliveries of alcohol and tobacco products may be\nlimited or restricted in certain countries and/or\ncities in which the Platform operates.\nAnimals and Regulated Species\nAnimal parts or fluids; banned seeds, harmful\nplants; regulated plants or other organisms\n(including their by-products) which are\nendangered or whose trade is regulated by law as\napplicable in any case.\nChild pornography\nPornographic material involving children or\ncontent that may be perceived as erotic\npaedophilia.\nCopyright on Software and Media\nUnauthorised copies of books, music, films and\nother protected or licensed materials, including\nproperly referenced copies; and unauthorised\ncopies of software, video games and other\nprotected or licensed materials, including from\nOEMs or other products that cause unsolicited\nmessages to be sent.\nCounterfeits and unauthorised products\nCopies or imitations of designer products or other\ngoods; items belonging to celebrities that would\nusually require authentication; false autographs;\nforeign currency; stamps; tickets; or other\nunauthorised goods.\nDevices or tools for overcoming security\nmeasures\nModems, chips or other devices for dismantling\ntechnical protection measures as well as on digital\ndevices, including for unlocking iPhones.\nDrugs\nControlled substances, narcotics, illegal drugs and\ntheir paraphernalia, including psychoactive and\nvegetable drugs such as psychedelic mushrooms,\nas well as materials promoting their use; or legal\nsubstances such as plants and herbs presented in\na form that suggests they should be ingested,\ninhaled, extracted or used in any other way that\nmay result in the same use as an illegal\nsubstance, drug or component or that claims to\nhave unproven health benefits.\nGambling and Betting\nLottery tickets, bets, online betting site\nmemberships/registrations, and related content.\nPermitted promotion of physical casinos.\nProducts Sold in Pharmacies\nDeliveries of pharmaceutical products may be\nlimited or restricted in certain countries and/or\ncities in which the Platform operates.  Prescription\ndrugs may not be ordered/delivered. OTC (over-\nthe-counter) medicines, ancillary medical devices,\nas well as any other products for hygiene, nutrition\nor similar for human use sold in pharmacies are\nsubject to the mandate given by the User to the\nMandatary and to what the pharmacist may deem\nappropriate.\nMaterials for hacking and cracking\nManuals, guides, information or equipment that\ninfringes the law by damaging or fraudulently\nfacilitating access to software, servers, websites\nor other protected property.\nHuman Body\nOrgans or other body parts; body fluids; stem\ncells; embryos.\nStolen or illegal goods\nMaterials, products or information that promotes\nillegal goods or facilitates illegal acts; goods not\nbelonging to a person or which a person has no\nright to sell; goods produced in violation of third-\n\nparty rights; goods infringing import, export or\nlabelling restrictions; motor vehicles that are\nsubject to transfer restrictions. You (the Glovo\nUser) are solely and fully responsible for checking\nthat all items are genuine and legal.\nIllegal telecommunications equipment\nDevices aimed at obtaining satellite signals\nwithout payment, illegal products for modifying\nmobile phones and other equipment.\nOffensive goods\nGoods, literature, products or other materials that:\n•       Are defamatory of any person or group of\npeople based on their race, ethnic origin or\ncountry of origin, religion, gender or any other\nfactor.\n•       Are defamatory of any person or group of\npeople who are protected from defamation by the\napplicable law (e.g. the royal family in some\njurisdictions).\n•       Praise or incite the commission of violence.\n•       Promote intolerance or hatred.\n•       Promote or support membership of terrorist\ngroups or other organisations that are prohibited\nby law.\n•       Are contrary to public morals.\nOffensive goods related to a criminal offence\nPhotographs of, or objects from, a crime scene,\nsuch as personal belongings, associated with\ncriminals or criminal acts.\n \n \nCulturally protected artefacts\nMaterials covered by the 1970 UNESCO\nConvention on the Means of Prohibiting and\nPreventing the Illicit Import, Export and Transfer of\nOwnership of Cultural Property or other goods\nwhose sale, export or transfer is restricted by law;\nArtefacts, cave formations (stalactites and\nstalagmites);\nPyrotechnic devices and dangerous substances\nrequiring special permission\nPyrotechnic items and related goods in markets in\nwhich their supply is regulated, as well as\nsubstances such as petrol or propane.\nTraffic-related devices\nRadars, number plate covers, illegal traffic-\nmodification devices and related products.\nWeapons\nFirearms, ammunition and other items including,\nwithout limitation, firearms, knives that are either\nundetectable or easy to conceal, martial arts\nweapons, silencers, ammunition or ammunition\nmagazines.\nMoney and Foreign Currency\nForeign currency or currencies insured with\nprecious metals, as well as banknotes, coins or\nany other valuable securities.\nPrimary and Secondary Schools / Use by\nchildren\nWe reserve the right to refuse orders from users\nwho are minors. In addition, we reserve the right\nto refuse orders at any location near a primary or\nsecondary school, as well as to ask for sufficient\nproof of age.\nMisuse of the platform / Abuse\nWe will not tolerate the use of abusive language or\nabusive attitudes towards our company or\nfreelance workers.\n16. Solidarity at Glovo\n\nGlovo collaborates with various institutions, corporate groups and non-governmental organisations in charitable\nand solidarity projects, donation campaigns and non-profit campaigns in some of the countries in which it\noperates (subject to applicability in each country). GLOVO acts as an intermediary in the organisation of such\ncampaigns and projects, based solely on its good faith and its wish to contribute to social initiatives.\nGlovo accepts no liability for the final use or outcome of such campaigns. Neither does it give any security or\nguarantee, or accept any legal liability, or have any control over, how donations are used by the above-mentioned\nestablishments.\n17. Geolocation\nGlovo may collect, use and share exact location data, including the real-time geographic location of the User’s\ncomputer or mobile device, provided that this is authorised by the User. The said location data may be collected\nand used by Glovo to show Users the location of the point of origin and/or destination of an assignment. In this\nregard, Users expressly consent to their geolocation data being shared with other Users and Suppliers in order to\nsuccessfully carry out the assignment requested at any given time. Users may choose to disable Geolocation on\ntheir devices as provided in the Data Privacy Policy.\nThe User shall be responsible for entering the correct addresses for collection and delivery. In this regard, Glovo\nwill accept no liability for errors or omissions in the provision of such addresses by the User.\n18. The User’s Obligations\nUsers are fully responsible for the proper use of, and access to, their profile and other Platform contents in\naccordance with the current legislation, be it national or international, of the Country from which they are using\nthe Platform, as well as with the principles of good faith, morals, generally accepted customs and public order.\nSpecifically, they undertake to diligently comply with these General Terms of Use.\nUsers are responsible for correctly entering their individual usernames and passwords, which are non-\ntransferable and must be sufficiently complex, and for not using the same username and password as on other\nplatforms, all this in order to protect their account from fraudulent use by third parties not belonging to the\nPlatform.\nUsers shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results\nthat harm third-party rights and interests or that may in any way damage, disable, affect or impair the Platform\nand its contents and services. In addition, they are prohibited from hindering other Users’ normal use or\nenjoyment of the Platform.\nGlovo may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any\nopinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of\ntheir issuers.\nAny persons who breach the above obligations shall be liable for any loss or damage caused by them. Glovo will\naccept no liability for any consequences, loss or damage that may arise from such illegal use or access by third\nparties.\nIn general, Users undertake, by way of example without limitation:\nTo refrain from altering or modifying the Platform, in full or in part, by bypassing, disabling or in any other\nway tampering with, its functions or services;\nTo refrain from infringing industrial and intellectual property rights or the personal data protection\nlegislation;\nTo refrain from using the Platform to insult, defame, intimidate or harass other Users or attack their image;\n- To refrain from accessing other Users’ e-mail accounts;\nTo refrain from introducing computer viruses, corrupted files or any other software that may cause damage\nor alterations to Glovo’s or third parties’ contents or systems;\nTo refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’\ne-mail addresses without their consent;\nTo refrain from advertising goods or services without Glovo’s prior consent.\nAny User may report another User if he/she believes that the latter is in breach of these General Terms of Use.\nSimilarly, any User may inform Glovo of any abuse or infringement of these terms through the Contact Form.\nGlovo will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving\nthe right to remove and/or suspend any User from the Platform for breach of these General Terms of Use.\nFurthermore, Glovo reserves the right to remove and/or suspend any message with illegal or offensive content\nwithout the need for a prior warning or subsequent notification.\n\n19. De-registration by Users\nUsers may de-register from the Platform using the Contact Form on the Platform.\n20. Glovo’s Responsibility\nUsers are responsible for having in place the necessary services and equipment to browse the Internet and\naccess the Platform. Users can report any incidents or problems accessing the Platform to Glovo using the\ncontact channels made available to Users, and Glovo will analyse the incident and instruct the User on how to\nresolve it as quickly as possible.\nGlovo does not control, and is not responsible for, the contents uploaded by Users through the Platform, and\nUsers are solely responsible for the lawfulness of such contents.\nGlovo will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet\naccess service, or Internet interruptions or for any other matters beyond its control.\nGlovo accepts no liability for any security errors that may arise or for any damage that may be caused to the\nUser’s computer system (hardware and software), or to the files or documents stored therein, as a result of:\nThe presence of a virus in the User’s computer system or mobile handset used to connect to the Platform’s\ncontents and services;\nA malfunction of the browser;\nThe use of outdated versions thereof.\n21. Liability for Contents\nGlovo does not control (and is under no obligation to control) how Users use the Platform. It therefore does not\nguarantee that Users use the Platform in accordance with these General Terms of Use or in a diligent and/or\nprudent manner. Glovo does not check (and is under no obligation to check) the identity of Users or the\ntruthfulness, current validity, completeness and/or authenticity of the data supplied by them.\nGlovo will not check the products sent or delivered through orders on the Platform. Both the User and the\nMandatary therefore release Glovo from any liability that might arise from the availability and/or transport of\nproducts requiring specific permissions or licences, or of products forbidden by any applicable legislation, as\ndescribed (by way of example without limitation) in Clause 15 above. If Glovo becomes aware that the User\nand/or the Mandatary is/are using the Platform to transport prohibited products, Glovo may launch an internal\ninvestigation to ascertain the facts, take any legal action that may be necessary and/or block the User or\nMandatary in question until any potential investigation has been completed. The measures available to Glovo\ninclude providing the authorities with data and information on the Users and Mandataries.\nGlovo rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to\nthe information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete\nand/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a\nUser impersonating a third party in any kind of communication made through the Platform.  In particular, Glovo\naccepts no responsibility for the use of the Platform or for any orders that may be made by a third party from the\nUser’s account.\nNotwithstanding the foregoing, Glovo reserves the right to fully or partly restrict certain Users’ access to the\nPlatform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable\ntechnological tools, if it becomes aware, or there are signs, that the activity or the information stored is illegal or\nharmful to a third party’s rights or property. In this regard, Glovo may establish any filters that may be necessary\nto prevent the service from being used to upload unlawful or harmful content to the Internet. By making content\navailable through the Platform, Users assign to Glovo all exploitation rights arising from the contents thus\nsupplied.\n22. No Warranty in Assignments or Payments\nGlovo gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement\nof third-party rights by Mandataries. In this regard, Users state that they understand that GLOVO is a technology\nplatform whose main activity is intermediation; in other words, it puts Users and Mandataries in contact with each\nother; and that it therefore accepts no liability arising from the information provided by Mandataries or for any loss\nor damage that may potentially be suffered by them due to a breach of these General Terms of Use. When an\norder is placed on the Platform and accepted by the Mandatary, a direct relationship is established between the\nUser and the Mandatary. Glovo is not a party to this relationship and merely provides the Platform to enable the\nParties to communicate and place as many orders as may be necessary. Glovo will therefore never be liable for\nthe availability of Mandataries or for their adequate and satisfactory performance of assignments.\n\nGlovo makes no assertions or confirmation regarding any Mandataries or their identity or background information.\nNotwithstanding the foregoing, Glovo may potentially carry out additional checks and put into motion procedures\ndesigned to help check or verify the identity of Mandataries. In this regard, when a User achieves Mandatary\nstatus, this simply indicates that the said User has completed the relevant registration process and has accepted\nthese General Terms of Use and any other specific terms that may apply to him/her. Such status implies neither\ncertification nor endorsement by Glovo as to such User’s reliability, suitability and/or safety.\nGlovo therefore recommends that Users always use common sense and remain alert when delegating an\nassignment to a particular Mandatary.\nBy becoming members of the Platform, Users accept that any claims they wish to bring for legal liability arising\nfrom actions or omissions of other Users of the Platform or third parties shall be restricted to such Users or third\nparties, and that no actions for liability may be taken against Glovo.\n23. Updates and Changes to the Platform\nGlovo reserves the right to amend these General Terms of Use, the Privacy Policy and the Cookie Policy at any\ntime and without prior notice. Users must carefully read these General Terms when accessing the Platform. In\nany event, acceptance of the General Terms is an essential step to be taken before accessing the services and\ncontents available through the Glovo Platform.\nIn addition, Glovo reserves the right to update, amend or delete the information contained on its Platform, at any\ntime and without the need for prior notice, with regard to its layout, presentation and access conditions, without\nthereby accepting any liability in relation thereto. Glovo does not guarantee the absence of errors or interruptions\nwhen accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing,\nGlovo shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such\nerrors, restore communication and update contents as soon as it becomes aware of the errors or disconnection\nor of the contents being out of date.\n24. Intellectual Property\nGlovo is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as\nof the contents that can be accessed through it. The intellectual property rights of the Platform, as well as the\ntext, images, graphic design, navigation structure, information and contents included therein, are the property of\nGlovo, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights\nof reproduction, distribution, publication and transformation, in accordance with the Spanish legislation on\nintellectual and industrial property rights.\nIn spite of the foregoing, Glovo may not be the owner or licence holder of content such as names or images,\namong others, of companies with which Glovo does not have a business relationship. In such cases, Glovo\nacquires the content from publicly available sources, and Glovo shall in no event be deemed to be related to any\nright belonging to Glovo.\nAuthorising a User to access the Platform does not imply the waiver, transfer, licensing or full or partial\nassignment by Glovo of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering\nwith the contents of the Glovo Platform are all prohibited. In addition, modifying, copying, reusing, exploiting,\nreproducing, publicising, making second or subsequent publications of, uploading files, sending by post,\ntransmitting, using, processing or distributing in any way all or some of the contents included in the Glovo\nPlatform for public or commercial purposes are also prohibited, save with Glovo’s express written authorisation\nor, where applicable, that of the owner of the rights concerned.\nAny User who shares any content of any kind through the Platform asserts that he/she has the necessary rights\nto do so, releasing Glovo from any liability regarding the content and lawfulness of the information supplied. By\nproviding content through the Platform, Users assign to Glovo, free of charge and to the maximum extent\npermitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from\nsuch content.\n25. Severability\nIf any of the clauses of these General Terms are found to be voidable or void by operation of law, such clause(s)\nshall be deemed not to have been included. Such declaration of nullity will not cause the other clauses to be void,\nand these shall remain valid and effective between the Parties.\n26. Applicable Law\nThe relationship between Glovo and the User shall be governed and construed in accordance with the General\nTerms, whose construction, validity and enforcement shall be governed by Spanish law; and any disputes shall\n\nbe submitted to the Courts of Barcelona unless the User requests that they be submitted to the courts applicable\nto his/her home address.\n27. Alternative Dispute Resolution\nAny disputes or disagreements arising outside the European Union shall be submitted to the Spanish Court of\nArbitration of the Chamber of Commerce.\n \n Specific Terms and Conditions of “GLOVOPRIME”\nThese terms and conditions shall apply to those Users who request a GLOVOPRIME subscription. These Terms\nand Conditions do not replace the application’s “General Terms of Use and Contracting”; in any event, they\nsupplement them and may be modified and extended by Glovo at any time.\n1. What is GLOVOPRIME?\nGLOVOPRIME is a service provided by the Glovo Platform under which, in exchange for a fixed monthly fee,\nUsers of the platform can enjoy unlimited deliveries of all those products ordered by them from delivery people,\nprovided that the GLOVOPRIME logo expressly appears on the Platform of the store in which they are offered, at\nno additional cost to the above-mentioned fixed monthly fee.\nGLOVOPRIME will not apply to any stores or services that do not have the GLOVOPRIME logo at the time of\nplacing the order. The GLOVOPRIME service may be used provided that the provisions of these Terms and\nConditions are complied with.\n       2. Registration Process\nIn order to register for the GLOVOPRIME service, you must have a current active Glovo account, be of full legal\nage and ask to register for GLOVOPRIME through the “My Account” section of your personal Glovo User profile.\nThe GLOVOPRIME service is activated through the following process:\nAfter accessing the sections entitled “my account” and “GLOVOPRIME”, you must select the “Register and\npay” section and pay the above monthly fee.\nThe payment date will be the GLOVOPRIME subscription start date (hereinafter “the Activation Date”), and\nthe subscription will be valid for a one-month period. On the Activation Date, Users who have registered for\nthis service will receive an e-mail with confirmation of their registration at the address provided by them in\ntheir GLOVO account.\nAfter the Activation Date, you may use the GLOVOPRIME service for 30 calendar days, for a one-month\nperiod.\n \nUsers will find all the information relating to their GLOVOPRIME subscription in the “My Account” section\nof the application. Here, they can check the remaining time of their Free Trial Period, where applicable, as\nwell as, among other things, cancel their GLOVOPRIME subscription or update their payment method in\naccordance with Clause 10 hereof.\n \n        3. Subscription Period\n3.1. The GLOVOPRIME subscription period shall have a duration of one month up to the day immediately before\nthe equivalent date on the following month (hereinafter, the “Subscription Period”), starting on the Activation Date\nand renewed every month unless the User cancels the subscription. Thus, if the Activation Date is 10 October,\nthe Subscription Period will be renewed on 10 November.\n3.2. By accepting these terms and conditions, Users acknowledge that the GLOVOPRIME subscription will be\nRENEWED  AUTOMATICALLY AND THE APPLICABLE SUBSCRIPTION FEE WILL BE AUTOMATICALLY\nCHARGED to the account designated by them.\n3.3. If you do not want the subscription to be renewed automatically and you therefore wish to cancel the\nGLOVOPRIME service, you may exercise the right of withdrawal at any time, as stipulated in the following\nclause, provided that you inform Glovo at least two business days prior to the renewal date. If you fail to comply\nwith this notification requirement, you will have to pay the subscription fee for the following month.\n\n         4. Right of Withdrawal\n4.1. If you wish to exercise the right of withdrawal during the GLOVOPRIME Subscription Period, you must\naccess your account profile and select “unsubscribe”.\n4.2. The account will be deactivated at the end of the Subscription Period. This means that you can continue to\nuse your GLOVOPRIME account, after completing the “unsubscribe” process until the day immediately preceding\nthe equivalent date of the Activation or Renewal Date on the following month.\n4.3. In order to avoid being charged the fee, you must exercise the right of withdrawal at least two (2) business\ndays before the subscription renewal date.\n4.4.  Payments are not refundable, and neither refunds nor credits will be given for unused or partly used\nmembership periods during a one-month period. Neither will we grant refunds or credits for partial monthly\nsubscription periods.\n4.5. If you have unsubscribed from the service but wish to continue with it, you may re-register to renew your\nGLOVOPRIME subscription in accordance with these terms and conditions.\n          5. Service Fees\n5.1. The GLOVOPRIME fee shall be the amount set forth in the commercial offer or in the “My Account” section,\nunless the User has been granted a free GLOVOPRIME trial period pursuant to Section 10 “Free Trial Period”\nhereof.\n5.2. The GLOVOPRIME fees stated are inclusive of any indirect taxes that may apply.\n5.3. The fee shall be charged automatically on a monthly basis on the Activation Date, to the account designated\nby each User on the Activation Date, for a one-month period.\n5.4. Users may use GLOVOPRIME even in territories in which the product/order is paid for in cash, without this\naffecting the service in any way.\n5.5. Glovo reserves the right to change the fees at any time after informing its subscribers. Once such notification\nhas been given, Glovo may charge the new rates.\n         6. Specific Terms of the Service\nThe following specific terms shall apply to the GLOVOPRIME service:\nThe GLOVOPRIME service shall only apply to purchases carried out in person by means of a delivery\nperson / courier, at establishments with which Glovo has a commercial agreement, for amounts of over\n€10.00 for restaurant orders, or over €20.00 for supermarket orders, or their equivalents in the legal\ncurrency of the country in which the service was activated.\nGLOVOPRIME may only be activated in some of the countries in which GLOVO operates.\nThe GLOVOPRIME subscription fee will only apply in the country from which the GLOVOPRIME\nsubscription was activated. In other words, if the subscription was activated in Spain and the User is\ntravelling in Italy, the GLOVOPRIME subscription fee will apply solely and exclusively in Spain, and not in\nItaly.\nIt will only be available for individuals and for private, non-commercial use.\nUnder no circumstances may the subscription be shared with, or assigned to, any persons other than its\nholder, and companies and the “B2B” service are expressly excluded from the service.\n         7. General Terms of Service\n7.1. The flat monthly fee covers only the price of collection and delivery, not the price of any products that may be\nordered by Users.\n7.2. Glovo may amend these terms and conditions of GLOVOPRIME unilaterally and at any time by giving prior\nnotice to the subscribers of the GLOVOPRIME service. Such amendments shall apply to those private individuals\nwho are active on the Platform as well as, where applicable, to first-time users thereof.\n7.3. GLOVOPRIME subscriptions are for exclusive and non-transferable use by their duly identified Users, and\ntheir use may under no circumstances be transferred to third parties. \n7.4. Glovo reserves the right to cancel the accounts of GLOVOPRIME subscribers, as well as to deactivate the\nservice, after giving prior notice to its subscribers.\n\n7.5. It is expressly stated for the record that, with the exception of the special terms and conditions set forth\nherein, the General Terms and Conditions of the Glovo Platform shall always apply in addition to, and in relation\nto any matters not modified by, these special terms and conditions.\n          8. Fraud and Freezing of Accounts\nShould Glovo detect any signs of misuse or inappropriate and/or fraudulent use of the GLOVOPRIME account, it\nmay automatically and without prior notice deactivate the subscription, as well as, in addition and at any time, the\nUser’s account, reserving the right to take any legal action based on the seriousness of the circumstances under\nconsideration. In addition, GLOVO reserves the right to cancel the service and subscriptions at its sole discretion\nby giving prior notice to Users.\n          9. User Assistance Service\nGlovo will make available to all Users an appropriate Contact Form for any incidents relating to the\nGLOVOPRIME service.\n          10. Free Trial Period\n10.1. Glovo may at its discretion provide the GLOVOPRIME service free of charge for as long as it deems\nnecessary.\n10.2. At the end of the Free Trial Period, Users will in any case be automatically required to pay the fee and to\ncomply with the same terms and conditions as those applicable to all other GLOVOPRIME Users.\n10.3. If the GLOVOPRIME subscription is cancelled, either by accident or for any other reason, before the end of\nthe relevant Free Trial Period, the free trial offer shall be deemed to have been completed and a new free trial\nperiod will not be offered in any event.\n10.4. Glovo reserves the right to randomly choose the Users to whom it offers the Free Trial Period or, where\napplicable, other promotions related to the service.\n           11. Applicable Law\nThe relationship between Glovo and each GLOVOPRIME subscriber shall be governed by, and construed in\naccordance with, these Terms and Conditions, whose construction, validity and enforcement shall be governed\nby Spanish law; and any disputes shall be submitted to the Courts of Barcelona unless the User requests the\ninvolvement of the courts applicable to his/her home address. \nSpecific Terms and Conditions of “PICK-UP” and “IN-STORE” ORDERS\nUsers have the option of ordering, through the PICK-UP and/or IN-STORE option(s), a selection of products\nand/or services offered by certain establishments with which Glovo has a commercial agreement in place.\nThe PICK-UP and IN-STORE services enable Users to physically collect orders from food establishments\nthemselves.\nThese services will only be available through those establishments for which this option has been enabled and in\nthe countries selected by Glovo. Furthermore, such services will only be available to private individuals, and only\nfor their own private use. They may in no event be offered for commercial use.\nWithout prejudice to the additional application of the General Terms and Conditions of the Glovo Platform to all\nmatters not expressly envisaged in this section, the PICK-UP and IN-STORE services may only be used if the\nspecific provisions set forth in this section are fulfilled.\nGlovo shall make the Contact Form that can be found on the Platform available to all Users for any incidents\nrelating to the PICK-UP and/or IN-STORE service.\nGlovo may amend these Terms and Conditions for PICK-UP and IN-STORE orders unilaterally at any time by\ngiving prior notice to Users of the Glovo Platform. Furthermore, GLOVO may enable further features relating to\nthe PICK-UP and/or IN-STORE service, in which case it will inform Users and add the new features to these\nterms and conditions.\nOnce the changes have been published, they will apply to all those Users who use the Platform.\nIN-STORE Orders\n\nWhere so enabled for IN-STORE orders in the application, Users may place orders directly from those\nrestaurants that have chosen to include this option and pick them up in-store at that moment.\nHow does the IN-STORE service work?\n1. To use the IN-STORE service, Users must scan the QR code that will be displayed in a publicly visible\narea of each establishment’s premises.\n2. Once the QR code has been scanned, it will link to the menu of the restaurant where the User is located,\nso that he or she can place the order. The User will be able to select the items from the desired restaurant\nor store and confirm the purchase through the IN-STORE option.\n3. If the QR code cannot be scanned due to any kind of error or defect, the User can check whether the order\ncan be placed by searching for the restaurant on their device directly from the Glovo Platform.\n4. Once the order has been confirmed in accordance with the payment method enabled for this purpose, it\nmay only be cancelled through the Platform before the restaurant or establishment has agreed to prepare\nit. If a User later wishes to change an order or the restaurant delays in its preparation, he/she must contact\nthe managers of the restaurant in question directly.\n5. Once the order has been confirmed, the order number will appear on the screen of the User’s device, and\nthis must be shown to the staff of the establishment when collecting it.\n6. The price of orders placed through the IN-STORE option will not include the additional delivery cost.\n7. Promotional codes may not be used for orders placed using the IN-STORE service.\nPICK-UP Orders\nWhere so enabled for PICK-UP orders in the application, Users may place orders directly from the Platform at\nthose establishments that have chosen to include this option and pick them up in-store within the times stated.\n1. In order to be able to use the PICK-UP service, Users must select this option on the Platform for the\nestablishments for which it is available, together with the products that they wish to buy at those\nestablishments, and confirm the order on the Platform itself.\n2. Once the order has been confirmed in accordance with the payment method enabled for this purpose, it\nmay only be cancelled through the Platform before the restaurant or establishment has accepted and\nstarted to prepare it. If a User later wishes to change an order or the restaurant delays in its preparation,\nhe/she must contact the managers of the restaurant in question directly.\n3. Once the order has been confirmed, the order number will appear on the screen of the User’s device, and\nthis must be shown to the staff of the establishment when collecting it.\n4. The price of orders placed through the PICK-UP option will not include the additional delivery cost.\n \nTERMS AND CONDITIONS OF THE FOOD RESCUE SERVICE\nThese terms and conditions shall apply to those Users who place a FOOD RESCUE order using the Glovo\napplication. These Terms and Conditions do not replace the application’s “General Terms of Use and\nContracting”; in any event, they supplement them and may be modified and extended by Glovo at any time. The\nGeneral Terms and Conditions of Use and Contracting shall apply to everything not expressly provided for in\nthese specific Terms and Conditions of the FOOD RESCUE service.\nWhat is FOOD RESCUE?\nFOOD RESCUE is a service provided on the Glovo Platform under which Users can place orders on the excess\nfood and other products of the food establishments appearing on the Glovo Platform.\nUsers acknowledge that Glovo has launched this project with the name “FOOD RESCUE” with the main aim of\nreducing food waste. Specifically, the project involves making an option available to Users on the Glovo Platform\nunder which they may order from the establishments indicated on the Platform, at reduced prices, food pack(s)\nthat could not be sold during the day and whose exact content will not be disclosed to Users at the time of\nordering (hereinafter, “food pack(s)\", “Products” or “Mystery Box”).\nBy placing a FOOD RESCUE order, Users accept these Terms and Conditions.\nService\nGlovo will merely facilitate the conclusion of a contract between the User and the Establishment. It has no\nresponsibility whatsoever for the content of the food pack or for the fulfilment of the contract between the\nEstablishment and the User.\n\nThe User may order the products of the establishments appearing on the Glovo Platform through the said\nPlatform.\nGlovo is not responsible for the fulfilment of the contractual obligations to the User with regard to the Products,\nincluding the manufacture, sale, purchase, storage, preparation, production, processing, labelling, quality,\ningredients, allergens or treatment of the Products, or for compliance with the applicable law, unless Glovo is\nexpressly mentioned as the manufacturer or seller of the Product on the Platform.\nUsers will be able to find on the Platform, at reduced prices, food pack(s) that could not be sold during the day\nand whose exact content will not be disclosed to Users at the time of ordering.  Responsibility for providing\ninformation on the Products and ensuring that such information is objectively accurate and up to date shall lie\nwith the Establishments. Glovo accepts no liability for the information provided by the Establishments or,\ntherefore, for the content of the Products or the availability of the information relating thereto.\nGlovo accepts no liability for any adverse reactions that may be suffered by Users as a result of the Products for\nany reason whatsoever, including their consumption against the indications on the label or the information\nprovided directly by the Establishment. The Establishment is the party that manufactures, sells, stores, prepares,\nproduces, processes, labels, packages and treats the Products, and Glovo therefore accepts no liability for any\ndamage or adverse reaction that may be caused by such products.\nOrder Collection\nUsers may choose between two options when making a FOOD RESCUE order:\nCollection from the establishment. In such cases, Users must physically collect their FOOD RESCUE order from\nthe Establishment indicated on the Glovo Platform. This enables Users to physically collect orders from food\nestablishments themselves.\nHome delivery. In such cases, Users will receive their order, which will be collected by a Mandatary from the\nspecified Establishment, at the delivery address provided by the Users on the Glovo Platform.\n \n \n ANNEX I - DETAILS OF GLOVO’S AFFILIATED COMPANIES\nITALY\nCompany name\nFoodinho, S.R.L.\nTax Identification Number (NIF) or other tax\nnumber\n09080990964\nRegistered address\nPiazza Città di Lombardia n. 1, 20124,\nMilano, Italy\n \nPORTUGAL\nCompany name\nGlovo Portugal Unipessoal LDA\nTax Identification\nNumber (NIF) or other\ntax number\n61010-R3\nRegistered address\nRua Sousa Martins, nº 15, 5º andar, 1050-217,\nfreguesia de Arroios, Lisboa / Portugal\n \n*Se o Utilizador quiser efectuar uma reclamação online\npoderá acessar o link\n(https://www.livroreclamacoes.pt/inicio) ou entrar em\ncontacto diretamente no Chat do App\n \nROMANIA\n\nCompany name\nGlovoappRo, S.R.L.\nTax Identification Number (NIF) or other tax\nnumber\n39053728\nRegistered address\n41C Drum intre Tarlale street, 2nd floor,\nroom 64, district 3, Bucharest\n \nMOROCCO\nCompany name\nGlovoapp Morocco sarl\nTax Identification Number (NIF) or other tax\nnumber\n26046117\nRegistered address\nRue Soumaya Résidence Shehrazade 3,\n5ème étage, n° 22 Palmiers 20340 -\nCasablanca.\n \nGEORGIA\nCompany name\nGlovoapp Georgia Llc\nTax Identification Number (NIF) or other tax\nnumber\n402099475\nRegistered address\n129a Aghmashenebeli Ave, Tbilisi 0102,\nGeorgia\n \n \nUKRAINE\nCompany name\nGlovoapp Ukraine LLC\nTax Identification Number (NIF) or other tax\nnumber\n42555522\nRegistered address\n44 street Bogdan Khmelnitskyi,\nShevchenkivskyi district, Kyiv, 01030\n \nCROATIA\nCompany name\nGlovoApp Technology d.o.o.\nTax Identification Number\n48879371584\nRegistered address\nUlica Baruna Trenka, 10 000, Zagreb,\nCroatia\n \nKAZAKHSTAN\nCompany name\nGlovoapp Kazhastan LLP\nTax Identification Number (NIF) or other tax\nnumber\n1-90640018883\nRegistered address\n \nContact\n139 Luganskogo street, room 303\n050051/A05B8C7, Almaty, Medeu District.\nliveops.comms@glovoapp.com\n87272643068\n\n \nSERBIA\nCompany name\nGlovoApp Technology d.o.o. Beograd\nTax Identification Number (NIF) or other tax\nnumber\n111507569\nRegistered address\nRuzveltova 48, 11000 Beograd, Srbija, ulaz\niz Stjepana Ljubiše\n \nKYRGYZSTAN\nCompany name\n“GLOVO KG” LLC\nTax Identification Number (NIF) or other tax\nnumber\n02109202010145\nRegistered address\nErkindik 64B, office 18, Bishkek, Kyrgyzstan\n \nUGANDA\nCompany name\nGlovo Uganda Limited\nTax Identification Number (NIF) or other tax\nnumber\n1017265563\nRegistered address\n26 Kyadondo Road, Nakasero, Kampala P\nO Box 1520\n \nMOLDOVA\nCompany name\n GlovoAppMOL SRL\nTax Identification Number (NIF) or other tax\nnumber\n1020600034411\nRegistered address\nVlaicu Pircalab St 77- Chișinău 2012,\nMoldova\n \nCOTE D’IVOIRE\nCompany name\nGlovoapp Cote D´ivoire sarl\nTax Identification Number (NIF) or other tax\nnumber\n53703324719\nRegistered address\nCocody Ambassades - Rue Viviane, 08 BP\n2815 Abidjan 08, Côte d’Ivoire\n \nKENYA\nCompany name\nGlovapp Kenya, Llc\nTax Identification Number (NIF) or other tax\nnumber\nP051739866F\nRegistered address\nThe Mirage, Tower 3, 1st Floor, Suite 1,\nNairobi\n \nPOLAND\n\nCompany name\nPartner Polska Sp. z o.o. spółka z\nograniczoną odpo-wiedzialnością\nTax Identification Number (NIF) or other tax\nnumber\n7252012779\nRegistered address\nPiotrkowska 276, 90-361 Łódź, Poland\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nANNEX II - AVERAGE COST OF CANCELLATION BY COUNTRY (IN LOCAL\nCURRENCY)\n \nIvory Coast\n1000\nSpain\n3.59\nGeorgia\n30\nCroatia\n8.90\nItaly\n3.56\nKenya\n1.5\nKyrgyzstan\n90\nKazakhstan\n2087.83\nMorocco\n51.53\nMoldova\n15\nPoland\n504.68\nPortugal\n3.60\n\nRomania\n5\nSerbia\n150\nUkraine\n300\nUganda\n10,000\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":1,"explanation":"Lack of limitation"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}