Talentazo’s Terms of Service
Effective December 18th, 2020
Welcome to Talentazo.ch (hereinafter mentioned as the “Platform”). Take a look at the multiple event services offered by service providers (hereinafter mentioned as “Sellers”) on the Platform, but first, read these Terms of Service (hereinafter mentioned as “Terms”) carefully. These Terms include information on how to access content, order as an end consumer (hereinafter mentioned as “Buyer”), and offer services as a Seller. Every visitor on the Platform (hereinafter mentioned as “User”) should read these Terms.
These Terms may change from time to time; any changes to these Terms will be uploaded on the Platform. All changes are effective as of the stated “Effective” date. Talentazo takes the continued use of the Platform as an acceptance of and agreement to be bound by any updates and changes. These Terms should be checked periodically.
1. General rights and duties
Talentazo is an online marketplace where Buyers can find event services, and Sellers can offer their event services to potential Buyers. Talentazo does not operate with a team of Sellers. Every Seller (Service provider) on the Platform is hired by a Buyer (end consumer) and has a limited relationship with Talentazo to that of an independent contractor. Service providers trade in their own name and not in the name of Talentazo. Service providers are not employees, agents, co-entrepreneurs, or partners of Talentazo. Therefore, Talentazo cannot guarantee the quality of the services being offered, nor that a Seller will act in good faith. However, everyone has the right to report any disagreement. Every Seller has to manage his or her sales professionally and independently. Talentazo’s role is to facilitate contact between Sellers and Buyers, but not to be a collection agency. If a Buyer or a Seller end up in a legal complaint, Talentazo should not be held responsible for that.
1.2 Eligibility to use the platform
1.2.1 Registration of Users on the platform
Talentazo is available for everyone above 18 years old. Everyone can sign up for free to open an account; no membership is required. Only one account per User is accepted since Buyers can be Sellers with the same account. Every account is personal and cannot be transferred to any other party. Talentazo cannot validate every single account. Talentazo has the right to delete any account at its sole discretion.
1.2.2 Users information
Talentazo expects that Sellers’ and Buyers’ personal information is correct, up-to-date, and complete all the time.
Accounts may be closed due to no use and underperformance.
1.3.1 Right to generate content
All Users can generate content on Talentazo (e.g., offers, reviews, and comments). The Platform invites all Users to report content in case of a violation, unsuitable material, or inappropriateness. Users should not share misleading, fake, or wrong information.
1.3.2 Forbidden content and use of the current one
Talentazo might remove or modify content that is not following its Terms. Talentazo does not support sharing the following content:
- Adult-oriented content nor any related message
- Misinformation including, but not limited to, fake information, misleading claims, pictures, videos, or documents.
- Low-quality pictures and any other multimedia content
- Inappropriate language
- Spam or violent content
- Unauthorized URLs
- Personal and private information including, but not limited to, confidential information shared between Sellers, Buyers, and the Platform.
Talentazo is not responsible for checking if a file is corrupted or has a virus in the chat. Every User is responsible for running a virus scan.
Users should refrain from using content, elements, proprietary information, layout, design, logos, and trademarks on Talentazo without a written permission.
1.3.3 Data Privacy
By using the Platform, all Users agree that their personal data will be collected, processed, and stored for the purposes of the User Agreement.
1.4 Orders and payments
1.4.1 Binding contract between Sellers and Buyers
After every booking, a binding contract between a Seller and a Buyer comes into effect. Buyers and Sellers will receive a receipt (order confirmation) with a detailed description of what should be provided. To accelerate the communication between buyers and sellers, Sellers will receive the Buyer’s contact details (e.g., phone number, address, and e-mail address) and can contact the Buyer through Talentazo’s chat. Talentazo cannot guarantee the truthfulness and correctness of each offer on the Platform.
1.4.2 Order confirmation details
Once a service is booked, the order confirmation details cannot be edited and sent via e-mail again. The Seller and the Buyer can discuss changes to the order (e.g., another delivery date and time) and agree to different terms, but those will not be added to the official order confirmation.
1.4.3 Processing payments
Payments on the Platform are not processed by Talentazo but by PayPal, an independent payment service provider. Any deposit or pending payment is paid by the Buyer to the Seller directly. The Platform does not take responsibility for any payment made by the Buyer to the Seller or vice versa, nor the negotiation carried out between each Seller and Buyer. Talentazo does not issue invoices to Buyers nor pays VAT.
Every User can report any misconduct on the Platform. Each claim should be supported with evidence from the Platform. Whenever there is a claim against a Seller or a Buyer, conversations in the chat will be studied by Talentazo to find out what went wrong. All Users are invited to sort out disagreements directly.
1.5.2 No-show or non-delivery
Talentazo is not responsible for any no-show or non-delivery. However, Talentazo’s team can run an internal investigation with information on the Platform to determine what went wrong. If necessary, Talentazo can share a Seller’s contact information with the Buyer (e.g., address and phone number) so that both parties can discuss how to sort out a disagreement.
1.1.1 Shipment of physical services
Talentazo does not offer a shipping guarantee or tracking service and is not responsible for damages from shipping. If deliverables do not arrive in good shape, Buyers can report this issue to settle an agreement with the Seller. The Seller is fully responsible for solving this issue on its own. If the local courier damaged the goods, Sellers should contact the courier to claim any money back. Talentazo can intervene by recommending the Seller and the Buyer how to solve this issue but cannot oblige any party to assume responsibility.
1.1.2 No refund policy
Talentazo has a no refund policy, which means
that Sellers are not obliged to issue a refund.
1.1.3 Disclaimer and service’s quality
If the complaint concerns the service’s quality, it should be handled with the service provider directly.
Any deceitful act against the Platform has repercussions, from warnings to a permanent suspension and compensation for damages caused. Every User is solely responsible for reading these Terms before buying or selling on Talentazo.
Talentazo takes disputes very seriously and resolves them by following the Swiss law. Disputes in connection to these terms of service are subject to the jurisdiction of the ordinary courts in Basel Land.
2. Rights and Duties of Buyers
2.1 Order information
Buyers are solely responsible for giving accurate information (e.g., correct delivery address, date, and time). Buyers can approach Sellers to discuss changes, further details, and issues related to the order.
2.2 Orders as guest
Users can order a service as guests on the Platform. Buyers who pay as a guest can track their orders through an automatic account generated by the Platform, which will be sent via e-mail. Failing to activate that account could result in future problems for the Buyer, such as not being able to contact the Seller through the Platform’s chat and not having access to Talentazo’s order overview.
2.3 Tracking payments and the delivery of an order
Every Buyer should keep track of each order and be in direct contact with the Seller. A Buyer is under the obligation of sending the total payment of the service to the Seller. Any pending payment should be paid on time. To avoid any disagreements, Buyers should read each service’s description very carefully before ordering any service.
2.4 Order cancellations
Orders can be canceled through the Platform by the Buyer. However, Talentazo cannot guarantee that a Seller will issue a refund for the payment that has already been made. Such matters have to be discussed between the Seller and the Buyer.
3. Rights and Duties of Sellers
3.1 Eligibility to be a Seller on the platform
All business information provided in the Seller’s profile should be accurate and up-to-date. Talentazo is not responsible for updating a Seller’s profile. If a Seller’s business concept is not in line with Talentazo’s, it will not be allowed on the Platform. Talentazo decides what Sellers are allowed on the Platform at its sole discretion. As soon as a Seller published a service, Talentazo will publish the seller’s picture, name, description, city, skills, and languages on the Platform. Unless Talentazo has accepted it, no Seller should ask another person to provide a service on his or her behalf.
3.2 Local jurisdiction
Talentazo expects that every Seller follows the Swiss law and duties as a self-employed person. Every independent contractor should responsibly deal with legal duties and social benefits, including pension funds and accident, health, and social insurance.
The Platform offers a variety of categories where Sellers can promote their services. Every category may have different requirements and standards. The Seller must make sure that each service listed on the Platform abides by the local jurisdiction.
3.2.2 Handling food in Switzerland
Talentazo recommends following Swiss food safety standards when handling food. Every Seller that offers a food service or product must go to the local food authority to be authorized to sell food in Switzerland. Every business is responsible for its local responsibilities and to be compliant with the local Swiss law.
3.3 Service eligibility, content, and management
3.3.1 Service description
Whenever a Seller adds a service on the Platform, Talentazo may run a quick scan to verify if the Seller understood how the Platform works. It is also expected that each New Listing has a clear concept in line with the Platform’s. Every service should have a written explanation of what is included in the offer (e.g., # of hours, # of items, whether it can be personalized or not, among other helpful details to understand the service). If the service includes food or cosmetics, a list of the ingredients or components should be added. The first ingredients or components to be listed should be the ones used by the Seller the most. Quantities of those main ingredients or components should be mentioned (e.g., if the product is a chocolate cookie, the cocoa percentage should be mentioned). The service description should also include any potential allergens or risks associated with the offer.
Descriptions must be written in English or German, or in both languages. Any other language is also welcome. No personal or business information should be shared in the description (e.g., e-mail address, phone number, website link, full name, etc.)
Add a final price to every service (including the earning and all costs that may arise, such as delivery, packaging, Talentazo’s service fee, a transaction fee, taxes, preparation costs, etc.).
Talentazo’s fee is 4%. For frequent customers, it is 2.5%. Talentazo may run special promotions with a different fee %, but only Sellers who participate in such promotions are eligible.
PayPal’s transaction fee will most probably be 3.4% + 55 cents per transaction. Please contact PayPal directly if the transaction fee is not the one previously mentioned. Talentazo is not responsible for PayPal’s transaction fee.
3.3.2 Adding pictures to the service
Pictures should be as real as possible. Buyers will expect to receive the service or product that was displayed in the service’s picture. Low-quality pictures should be replaced. Pictures with texts and any business or personal contact information are not allowed.
3.3.3 Service availability
Every Seller is responsible for updating unavailable dates for each service, such as when the Seller is on vacation or fully booked. If a Seller does not deliver a service on time, a warning or a suspension from the Platform may follow.
3.3.4 Service payment and management
Talentazo offers Sellers the possibility to receive direct payments from Buyers for each of the services being offered. Once a service is ordered, Sellers will receive a deposit for that order. Every payment a Seller receives is paid directly to their PayPal account.
As soon as the Seller receives an order confirmation, a service fee to Talentazo should be paid in 72 hours. Sellers should get in contact with their customers after paying this service fee. Failing to pay Talentazo’s fee may result in a suspension from the Platform.
If a Seller fails to pay Talentazo’s fee on time, the Seller’s account will be put on hold, which means that the Seller will not offer services to new customers on the Platform. If the Seller does not pay the fee at all, this Seller will be banned from using the Platform.
Sellers are solely responsible for keeping track of pending payments and managing their orders. Sellers should deliver their services on time. If it is a physical delivery, it should be provided in the right packaging, especially if it contains food. If there is a problem with a payment from a Buyer, the Seller should approach the Buyer directly.
3.3.5 Forbidden services
Talentazo accepts the promotion of event services for free, but does not allow all types of services to be listed on the Platform. Services should mainly have a business-to-customer (B2C) focus. Business-to-business (B2B) services are also accepted as long as these can also target the end consumer.
Talentazo does not allow any of the following services and any other one that is not in line with the Platform’s concept. Services can be removed or modified by Talentazo’s team at its sole discretion.
- Adult-oriented products or services
- Discriminatory practices
- Tobacco and related products
- Drugs & drug-related products
- Unsafe products or services determined by Talentazo at its sole discretion.
- Violent products or services including, but not limited to, weapons, ammunition, or explosives.
- Gambling and gaming
- Subscription services
- Financial and insurance services
- Services in relation to politics and elections
- Third-party infringements including, but not limited to, copyrights, trademarks, and any other proprietary rights.
- Any other forbidden product or service in Switzerland
3.3.6 Order cancellations
Sellers should not cancel orders on the Platform. If a seller cannot provide the service, a solution should be discussed through the platform’s chat. The Seller is responsible for providing the service that the Buyer paid for.
3.4 Marketing practices
3.4.1 Discount coupons
Sellers can create coupons with special discounts to promote their services. Every discount coupon can be redeemed for a given number of times and days. The coupon code can only be used to pay the deposit of a service. If the coupon’s value is higher than the deposit, the remaining amount cannot be used again.
To promote services listed on the Platform, Talentazo will use pictures and content from the Platform on diverse social media platforms and any other means of communication chosen by Talentazo at its sole discretion.
3.4.3 Reviews and ratings
Each service can be rated as soon as the delivery is confirmed. All Buyers or Sellers can confirm the delivery of a service. A rating can be given up to 7 days after an order is marked as complete.
3.5 Warnings and suspensions
Every Seller should have an adequate liability insurance in the event of a legal complaint.
If a Seller receives two to three warnings from the Platform, this Seller may be suspended from the Platform.
To the extent permitted by the law, Talentazo is not responsible for any damage, personal or physical, under any legal theory arising due to the use of the Platform. Talentazo should not be connected to any harm linked to content or service, be it directly or indirectly, from any service provider or Buyer. Loss of refunds, profits, or, including but not limited to, business is not Talentazo’s responsibility. Breach of contract is not Talentazo’s accountability, but the Seller’s or the Buyer’s. Talentazo should not be made accountable for a Seller’s or a Buyer’s disagreement or any failure to deliver a service on the terms which were promised on the Platform.
Any infringements to the Platform’s integrity, platform, content, data, accounts, access, Platform’s use, payments, refunds, cancellations, including but not limited to, any action that harms the Platform will not be tolerated. Talentazo may take action on those matters.