TERMS & CONDITIONS
1.1. The ownership of the WEBSITE www.me-loc.com (hereinafter referred to as the WEBSITE) corresponds to the company Aida Bresoli Aliberch (hereinafter referred to as MeLoc) with a registered address at Can Riera dels Assençaments, 08529 Muntanyola in Barcelona (Spain), assigned Spanish tax ID 47959844Z
For the purposes of these Terms and Conditions, the following definitions shall apply:
• “LOCATION” shall mean any delimited premises susceptible to being assigned by an OWNER to a USER for temporary use.
• “USER” shall mean any private individual or legal entity that uses the Website to request or obtain information on LOCATIONS or to participate in a TRANSACTION.
• “OWNER” is the owner of the property rights or the manager of a LOCATION with the authority to temporarily assign the use thereof.
• “TRANSACTION" is each of any transfer operations of spaces signed by an owner and a user who have contacted through the website
• “MEMBERS” shall mean both USERS as well as OWNERS, who shall be instinctively referred to as MEMBERS for the purposes of these conditions.
• "COMPLEMENTS": offer additional value-added services, optional or compulsory recruitment, provided by the OWNER of a location and related to such transfer to complement or improve the experience of use and/or the functionality for the USER.
• “OWNER’S BASE PRICE”: the net amount that the OWNER will receive from MELOC, excluding commissions and applicable taxes.
• "MANAGEMENT ON REQUEST MODE”: management of reserves not generated directly by MELOC that will apply when the owner invited the user to formalize the booking and management of a space through the platform of MELOC.
3.- ACCEPTANCE OF THE CONDITIONS AND APPLICABILITY
3.2. These Terms and Conditions apply and are of mandatory compliance for anyone who uses the WEBSITE or browses through it. Said party hereby undertakes to fully accept them without any conditions. If a private individual or legal entity does not agree to any of the conditions contained in this agreement, they shall refrain from continuing to use it and not contract the products and services offered by MELOC, given that simply browsing the WEBSITE means you are subject to the conditions contained herein.
3.4. In order to guarantee the traceability of the different versions of these terms and conditions, MELOC may commission a third party not related to the USERS or OWNERS to register and track versions thereof in which chase all of the parties hereby acknowledge that the sole authentic version of these terms and conditions applicable as of a certain date shall be the one registered in said third-party record.
3.5. MELOC is not liable for the WEBSITE availability or its use by USERS and OWNERS, whether registered or not; moreover, the Company does not accept any liability for any damages or harm deriving from the use of the Platform or its communication mechanisms unless there is proof of serious fault or negligence.
3.6. Likewise, these general contracting conditions will regulate, unless otherwise indicated, those contractings that take place outside the WEBSITE (off line) together with the special conditions that may apply. MELOC will sign a differentiated contract of the general conditions herein in those cases in which MELOC assumes the condition of a sublessee.
4.1. The WEBSITE is a platform that facilitates contact between OWNERS and USERS. MELOC acts towards them as a simple supplier of technology services and other products and services of added value such as catering, which will be detailed on the WEBSITE where applicable.
4.2. MELOC is not a party to any type of contractual relationship between the OWNER and the USER nor does it have any ownership or usage rights to the BUSINESS PREMISES of any kind.
5.1. In order to use some of the services offered by MELOC, it may be necessary to register at the WEBSITE by providing identification data and designating a username and password. The MEMBER hereby acknowledges and agrees that MELOC may at any time add and/or modify the features of its programs and services. In particular, registration will be necessary to contract the publication or assignment of a LOCATION through the WEBSITE.
5.2. MELOC hereby reserves the right to reject the registration of any MEMBER whose registration has been revoked in the past or any who, for any reason, are considered by MELOC as unsuitable MEMBERS.
5.3. In order to register, when applicable, the MEMBER must complete all of the information required on the form provided for this purpose on the WEBSITE after carefully reading the instructions provided for such purpose. Upon entering their data, the MEMBER declares that all of the information provided is true, complete, accurate, exhaustive and up to date; if MELOC has any doubts about the veracity of the information provided by the USER, it may suspend or immediately close the account at its discretion without prior notification.
5.4. The MEMBER must update and/or modify its personal information and all of the data associated with their payment methods - where applicable - as well as the delivery address and contact details. All of the transactions carried out before the personal data are updated shall be based on the information provided at that time. MELOC is not liable for any losses, delays, expenses or damages due to a failure to update said data.
6.- LOCATION REGISTRATION AND COMPLEMENTS
6.1. Registering LOCATIONS at the WEBSITE can be done by an OWNER registered with the website or by a professional on the MELOC team, following the OWNER’s instructions. In both cases, the OWNER must verify the image of the LOCATION data sheet before publication.
6.2. The requirements established in clause 5.3 of these conditions shall be applicable to the OWNER in relation to the delivery of the information and materials associated with each LOCATION.
6.3. Upon registering a LOCATION, the OWNER may include their own special conditions
6.4. While entering the registration details for the LOCATION or when later modifying it, the OWNER shall itemize the price of the SPACE to reflect the OWNER’S BASE PRICE and all applicable taxes. Said party will be liable for the proper application of the corresponding laws in effect. During the LOCATION registration process, the WEBSITE will show the commission applicable to the OWNER for the management service and the corresponding VAT, automatically calculating the sales price which will be published for the USER’S information.
6.5. Once the LOCATION information is verified by the OWNER, MELOC will proceed to publish it, reserving the right to reject any data sheet or LOCATION that, due to the characteristics, description or by the information provided or omitted by the OWNER may be contrary to the law, rules and customs or these Terms and Conditions. In particular, the OWNER may not publish data or information on the WEBSITE other than that which is strictly requested by MELOC; in particular, the OWNER shall refrain from publishing contact information through said fields or the publication of a business or contact card through profile images or on the product data sheet for example.
6.6. Offering COMPLEMENTS by the owner of a space, including but not limited to, name, description, price number.
7.- BOOKING PROCESS
7.1. The process of booking a LOCATION through the WEBSITE will be comprised of several steps including the ones highlighted below:
1) Search for LOCATIONS: This functionality allows USERS to obtain information on the SPACES, the data intervals it is required; you do not have to be a registered MEMBER to access the SPACES catalogue although the WEBSITE may reserve some data to REGISTERED USERS.
2) Dialogue between OWNERS and USERS: In the future through this option, the WEBSITE will permit communication between OWNERS and USERS in order to finalize the details or modify special conditions or limitations related to each SPACE. As the supplier of this functionality and the creator of the WEBSITE, MELOC reserves the right to limit or monitor the conversations between the OWNER and the USER in order to ensure the proper compliance by each party with their rights and obligations.
3) Booking a LOCATION: This is the acceptance of the Booking by the OWNER under the special conditions indicated by said party and for the period requested by the USER. With the said booking, the user can select COMPLEMENTS offered by the owner. Booking a space and its possible complements is considered a unitary action, resulting in a single transaction, so any management related to the booking (including the subsequent steps of the booking process, as the generation of the agreement, acceptance and payment, confirmation and any subsequent sales management) will be held in aggregate. The OWNER should answer booking requests within that, at all times, set MELOC The OWNER must respond to all booking applications within the term established by MELOC at any given time. A breach of the obligation to respond within the term indicated will equal a rejection of the application which will be communicated by MELOC to the USER.
5) Additional services: In some cases, MELOC will offer additional services as part of a certain PRODUCT-SOLUTION. Before accepting the Agreement, the USER may use the booking form to select any additional services of interest. These may include but are not limited to catering, background music, artistic performances, technology services.... The availability and conditions of these services may very over time.
6) The Generation of the agreement: Once the application to Book is accepted by the OWNER, the WEBSITE will show all relevant data of the reserve for the assignment of space, which will be included in the corresponding invoices. These invoices together with these terms and conditions are binding legal commitment for owner and user in relation to the assignment of space. You should the owner wish to complement this commitment with other documents, contracts or conditions, the WEB site will facilitate exchange and signing of such documents.
7) Acceptance and payment: In order to finalize the contracting process, the USER shall accept the assignment agreement shown by the WEBSITE through and make payment through the virtual POS or any other payment method available at any given time.
8) Confirmation: Once the agreement is confirmed and the payment is received, MELOC will notify both parties with documentation legally required at any given time.
8.- TRANSFER TO THE OWNER
9.1. For the use of the WEBSITE, the OWNER will pay MELOC a variable sum which will be the result of applying a percentage to the OWNER’S BASE PRICE of the LOCATIONS published by the OWNER on the WEBSITE. The percentage to be applied to the total amount of the revenue will be the one communicated by the OWNER during the registration process. 9.2. MELOC will calculate the sum to transfer to the OWNER for the LOCATIONS contracted by the USERS and the sum to be paid by the OWNER to MELOC for using the WEBSITE for each TRANSACTION. In the event of sums returned or a cancellation, MELOC will calculate the corresponding settlement within a maximum of one calendar month. 9.3. MELOC will notify the OWNER of the settlement corresponding to each TRANSACTION at the time payment is confirmed by the USER. 9.5. MELOC will issue an invoice to the OWNER for the discounted price of the payments for the TRANSACTION for the reasons indicated. 9.6. USER will pay the corresponding sums to the OWNER in two installments: 50% within a maximum of one week after reception of the invoice issued by the OWNER to MELOC, and the rest within a maximum of one week after the assignment of the LOCATION by the OWNER to the USER actually ends. The payment will be made via bank transfer to the account number communicated by the OWNER to MELOC for this purpose. In the event sums are returned or there is a cancellation, MELOC will withhold all sums until the incidence is resolved. 9.7. MELOC shall have the right to obtain the compensation described in this clause not only for Transactions completed through the WEBSITE but also those completed by the USER and the OWNER through any other channel including personally when the first contact between them or knowledge of the LOCATION was gained by the USER occurred through the WEBSITE. For the purposes of this clause, it will be understood that the USER has gained knowledge of the LOCATION through the WEBSITE when but not limited to when contact was made with the OWNER following the publication of the LOCATION at the WEBSITE or through any of the channels provided for by the WEBSITE.
9.9. In any case, MELOC will obtain a minimum price of TWENTY EUROS (€20) from the OWNER for each TRANSACTION, irrespective of the price thereof even if there is no price defined or it is zero or less than the minimum.
9.10 Notwithstanding the previous articles, the booking management costs, and the use of the website by the OWNER, will be free for the latter if it is applicable the MANAGEMENT ON REQUEST MODE. This method applies when the result first contact between owner and the user would have occurred through different channels WEBSITE, and the owner had invited the user to formalize the booking of a space by the platform of MELOC.
10.- CANCELLATIONS AND REIMBURSEMENTS
10.1. MELOC is not a party in the relationship between the OWNER and the USER nor does it participate in the contracting or execution of the assignment agreement. As a result, any claim, cancellation or reimbursement related to the TRANSACTION must be managed directly by the OWNER and the USER.
11.- USER RESPONSIBILITIES AND OBLIGATIONS
11.1. USER registration at the WEBSITE implies the acceptance of the Terms and Conditions of Use, the Privacy and Data Protection Policies and any other legal text applicable to the relationship between MELOC and the provision of its services.
11.2. USERS are the sole parties responsible for the veracity and accuracy of the data provided to MELOC, to the OWNERS and the rest of the USERS; MELOC may immediately suspend or cancel the USER’s account if it has any doubts as to the veracity or updating of the data provided.
11.3. The USER may not publish any data or information on the WEBSITE other than that which is strictly requested by MELOC; in particular, the USER shall refrain from publishing contact information through said fields.
11.4. USERS hereby undertake to use the Website for the authorized purposes and in accordance with current law. Any fraudulent or malicious use of the Website may give rise to the corresponding civil and criminal actions.
11.5. USERS may not send notifications on behalf of MELOC without the Company's express consent.
11.6. The payment of the price of the TRANSACTION is one of the USER’s main obligations; a breach of this obligation or an unjustified failure to make a payment promised or taking back any payments made may lead to the cancellation of the account and the initiation of legal actions against the USER by MELOC and by the OWNER.
11.7. Unless agreed otherwise with the OWNER, the USER will be the sole party responsible for hiring the people necessary to hold the events that may required.
11.8. The USER understands that each use of the SPACE may be subject to obtaining a special permit and agrees not to use the SPACE for any use other than that which is specified in the contract and agreed with the OWNER.
11.9. The USER must return the LOCATION to the OWNER in perfect conditions of use and at least in the same conditions in which it was received including the maintenance and health conditions.
11.10. The USER and the OWNER hereby expressly release MELOC of any liability deriving from possible damages that may be caused to the SPACE by the USER.
12.- OWNER RESPONSIBILITIES AND OBLIGATIONS
12.1. The OWNER is the sole party responsible for entering the information corresponding to the LOCATIONS, the assignment for use of which is offered through the WEBSITE; this information must be accurate and up to date in order to prevent any confusion or unnecessary management expenses to the Company.
12.2. The OWNER may not publish any data or information on the WEBSITE other than that which is strictly requested by MELOC; in particular, the OWNER shall refrain from publishing contact information through said fields.
12.3: The OWNER must properly itemize the applicable prices showing the OWNER’S BASE PRICE and the corresponding applicable taxes.
12.4. By publishing graphic and written material on the WEBSITE, the OWNER authorizes MELOC and, as necessary, grants it a license to all of the content and works published non exclusively and free of cost for the entire world and for the period of time the professional relationship exists so that MELOC may publish said content on the WEBSITE and on any other WEBSITE controlled or managed by MELOC, or in any LOCATION or WEBSITE in which MELOC carries out promotional actions.
12.5. The OWNER hereby declares that it is the owner or holds the intellectual and industrial property rights, image rights and any other rights needed to use and exploit the content in the manner described in these conditions both on its behalf as well as by MELOC.
12.6. The OWNER will be held liable towards MELOC for any claim, sanction or fine imposed on MELOC as a result of an action or omission attributable to the OWNER and, in particular, for the breach of third party rights as a result of the use of materials provided by the OWNER.
12.7. The OWNER is the sole party responsible for the maintenance of the LOCATIONS as well as for the payment of taxes, utilities, expenses and associated fees.
12.8. In particular, the OWNER is the sole party responsible for requesting and maintaining valid all necessary business permits to use or hold the activities declared as permitted at the space, as well as licenses or permissions required for the provision of the services offered as COMPLEMENTS of the same. The OWNER and the USER release MELOC of any liability related to compliance with the law by the OWNER with respect to its space and their related Complements. If the OWNER is a manager –not an OWNER- of the LOCATION, it must be able to prove this representation in writing upon request of the CLIENT.
12.9. MELOC will not verify the information provided by the OWNER with respect to the sizes, authorizations, licenses and availability of the LOCATIONS or its complements unless expressly declared otherwise on the LOCATION data sheet.
12.10. The OWNER of the LOCATION must assign it in perfect conditions of use including all basic utilities and the safety, health and hygiene conditions required by the law and with the permits obtained for the uses offered. In the case of providing space-related Complements, the OWNER must comply scrupulously with description, condition, quality and permits related to the provision of the services offered as COMPLEMENTS of the same.
12.11. The USER and the OWNER expressly authorize MELOC to register and store all communications exchanged through its systems for a period of two (2) years for the purpose of ensuring compliance with its obligations and the law.
12.12. Contracting a LOCATION off the WEBSITE when the USER gained knowledge of it through said WEBSITE is not regulated by these conditions without prejudice to being subject to the payment of the price of the services offered by MELOC by the OWNER pursuant to the provisions of these conditions.
12.13. The OWNER hereby agrees that contracting the LOCATIONS ( or the related COMPLEMENTS contracted in the same transaction) with the USERS off the WEBSITE when they gained knowledge of them through the WEBSITE is a breach of these conditions except when the OWNER immediate declares the situation to MELOC and pays the price of its services; a breach of this obligation may lead to the immediate suspension or cancellation of the OWNER's account and the USER's account by MELOC besides generating a claim for the payment of the price and any corresponding interest.
12.14. The OWNER must respond to the USER immediately after receiving an application for a BOOKING; MELOC may cancel these applications if the OWNER does not respond within a period of forty-eight (48) hours following the mailing of the request.
12.15. The OWNER will issue the corresponding invoice in the name of the USER for the price of the LOCATION assignment, for the complete TRANSACTION cost with the itemization established by the law without deducting the price of the services of MELOC which will be subject to the corresponding invoice.
12.16. The OWNER hereby acknowledges that the service offered by MELOC will be provided “as is” meaning it may not demand the implementation of specifications or special functionalities. Moreover, the OWNER hereby acknowledges that MELOC does not guarantee or ensure in any way a certain occupancy percentage of the LOCATIONS.
Data Owner: Aida Bresolí Aliberch
Address: Can Riera dels Assençaments, 08529 Muntanyola
Telephone number: +34 681 652 014