ERMS AND CONDITIONS OF USING THE‘‘HANDO.GR’’ WEBSITE AND THE SERVICES PROVIDED BY THE ELECTRONIC STORE
The website “Hando.gr” includes the online presence of the company Dgr Luxyry Services (hereinafter referred to as “the Company”):
The services of the masseurs collaborating with the Company (hereinafter partners/masseurs) are advertised and promoted through the webpage www.hando.gr. The partners/masseurs are subject to the terms of use described below and which the website user or the customer fully and unconditionally accepts. The present terms of use of the Company’s website and its online store constitute the contractual framework that governs any transaction related to the products of services listed for sale established between the Company and the users/customers who enter its website. The terms describe the manner with which the company operates and the organisation of it, based on the legal framework applicable to contracts drawn up from a distance and any electronic commerce as well as the provisions of the Civil Code and are subject to any other special provisions that apply to the current terms of use.
These terms of use are easy to read and formulated in a clear, sharp and understandable way for the average reader, respecting the provisions of good faith and commercial ethics, as well as those governing the validity of legal acts, in accordance with the provisions of the Civil Code.
Binding
Any users or customers who choose the enter the Company’s website and use the services of its online store, declare that they have read and understood the present terms of use and have been fully informed of everything referred to in them. Upon entering the website, the users of customers accept the terms unconditionally before making any transaction whatsoever with the Company.
Before the user/customer proceeds to browse the Company’s website in order to use the services provided, he/she is requested to make sure that they have read and fully understood the present terms of use and that they accept them. Any use or transaction from now on with the Company automatically implies the user’s/customer’s full and unconditional acceptance of the terms of use as they are stated and described herein.
The use of website and services provided to the users/customers of the Company from the existing site www.hando.gr presupposes the unreserved agreement with all the terms of use of this website, as these terms are analysed and described herein. If the user/customer does not agree, he or she must refrain from using and or browsing through the Company’s website as well as from using its online store and or any services that are provided by the Company.
SERVICES PROVIDED BY THE COMPANY
The Company exclusively provides and time for advertising on the internet and it undertakes the promotion of professional massage services at home – through target advertising and promotional actions on the internet. The Company also provides chiropractic massage and alternative therapies and sees to the mental and physical relaxation by partners/masseurs who have shown their certifications to our Company. It also undertakes to organise sessions via a call center.
The massage services and any other complementary treatment or services offered by the Company cannot treat conditions that require medical attention and in no way replace or even complement medication in any way and or its methods. The Company exclusively provides the services described in detail above and there is no connection, legally or otherwise, between the Company and other companies with similar products and or services.
The Company reserves all its legal rights against anyone who says rumours about it and or offensive and untrue characterisations that have nothing to do with the company and the type of services provided. The massage services provided at the users/customers home by the professionals/masseuses, with the only aim to help the user/consumer relax physically and mentally, but does not extend to the performance of activities subject to the professional philosophy and ethics of the company. False characterisation in any other way concerning a different object and its alleged legal involvement with other companies have the sole purpose of harming the company’s reputation and customers.
LEGAL NATURE OF COMPANY SERVICES AND ITS RELATIONSHIP WITH ASSOCIATES / MASERS
The Company does not hire personnel nor does it employ partners/masseuses on a dependent work relationship, but only provides advertising space and time on its website. In other words, it mediates between partners/masseurs on the one hand and the users/customers of the Company on the other, simply indicating opportunities and proposals for the in order for there to be a contract of services provided from the one party to the other.
The partners/masseuses of the Company are paid exclusively by the users/clients of the Company to whom they offer their services and not by the Company itself. In other words, the Company provides services for example it provides a business agency, as it is understood according to the current scientific point of view (1).
Following a telephone conversation or after communication through its website with customers, the Company informs its users/customers that the services which are offered by its partners/masseurs are exclusively professional services of chiropractic massage and alternative non-medical treatments. Having been fully informed about the services they must offer to the Company’s users/customers, its partners/masseurs within the context of their cooperation with the Company, must provide the services that have been advertised and those services alone. The partners/masseurs must abstain from any provisions of other types of services to the Company’s users/customers, which are not included in those described on the Company’s website, always having as the sole objective services as described on the Company’s website. The users/customers of the Company are requested respectively to refrain from the demand from our partners/masseurs to offer services that do not correspond in content and purpose to the services described on the Company’s website. The Company alone undertakes the obligation of this provision.
For the users/customers under the age of 16, the consent of their parent or guardian is required, before they are permitted to make use of the services of the current website.
OBLIGATIONS OF PARTNERS / MASSEURS
It is forbidden for the partners/masseurs of the Company to provide the users/customers of the Company with any of their personal details or any contact information. For example, the partners/masseurs are not allowed to provide their telephone numbers, their accounts on social media or with business cards stating their personal details with the aim of providing the users/customers private services without the mediation of the Company and without its knowledge thereof. It is also forbidden for the partners/masseurs of the Company to have any kind of contact with the users/customers of the Company, in order to come to any agreements without notifying the Company prior to this. Any such form of secret communication or agreement that occurs without the Company’s knowledge of any such matter is presumed to be made for the unfair competition as most likely to harm the Company. For example, it is considered to be against the good morals of the Company and automatically entitles the company to compensation, without bearing the burden of proving the relative degree of fault.
ΥΠΟΧΡΕΩΣΕΙΣ ΣΥΝΕΡΓΑΤΩΝ / ΜΑΣΕΡ
In the event that the user / customer asks them to provide their services without the mediation of the company, they must immediately inform the Company and refrain from any service to this user / customer without the prior express permission of the Company. The partners / masseuses have been informed of the above prohibition and accept it. This prohibition applies to partners / masseuses up to 6 months after the end of the masseuses’ cooperation with the Company. The Company has the right to carry out audits for compliance with the above obligations of the partners / masseuses and to take legal action in case of a violation of them.
The Company’s partners / masseuses undertake not to disseminate to third parties’ information regarding the terms and manner of their cooperation with the Company, but to maintain confidentiality regarding all data, which are confidential information of the Company and are for the therefore confidential. In the event that a violation of their obligation is found, they are liable to the Company both for reparation of any property damage, and for monetary satisfaction due to the moral damage that may be suffered.
LIMITATION OF COMPANY’S LIABILITY
The partners / masseuses are solely and entirely responsible for the correct and appropriate performance of the obligations of the partners / masseuses towards the users / clients (such as for the application of the chiropractic techniques or the products they will use).
The responsibility for the effectiveness and safety of the techniques or the applied products (such as cosmetics, beauty products, oils, devices, etc.), as well as the responsibility for any consequences from the application of these techniques and products rests exclusively and only the partners / masseuses. The Company holds no responsibility concerning any complaints from the users/clients concerning the quality, the effectiveness and or any side effects for example any injuries or allergies that are provoked from services rendered. Neither is the Company responsible for side effects that occur from applied techniques and products, the selection and method of application of which belongs to the exclusive sphere of responsibility of the partners / masseuses. The partners / masseuses are solely responsible for applying the rules of hygiene and cleanliness for example disinfecting the devices they use, not reusing consumables, carefully washing their hands, etc. The partner/masseur must use the appropriate professional equipment as well as approved application products, which have received marketing approval on the Greek market, for the quality and safety of which he assumes sole responsibility.
The Company, on the other hand, cannot and is not obliged to control the means and techniques used by the partners/masseurs during the sessions with the users/clients, and is indicatively not responsible for the quality, the individual properties, the individual characteristics, the accuracy or correctness of the description of the products / services, the existence of any legal or factual defects as well as the manner or time of delivery of these to users / customers. More specifically, the Company is not responsible for any injuries during the application of the techniques or for any allergies from the application of the skin cosmetic products or for any delay in the arrival of the partners / masseuses at the predetermined place at the predetermined time, or for any cancellation, postponement or cancellation of the scheduled session, due to an obstacle that falls exclusively within the sphere of responsibility of the partners / masseuses.
The correct and appropriate fulfillment by the partners / masseuses of the agreements with the users / customers of the Company is not subject to the control of the Company. In whichever instance of abnormal development of any contract between the users/customers and the partners/masseuses, which includes any possible case of failure to provide service, default by the debtor and or defective performance, belong to the exclusive fault and responsibility of the partners/masseuses. The partners/masseuses are the only ones that are passively legitimised in the event of a primary claim for fulfillment or a secondary claim for compensation (due to non-fulfillment or due to overdue or due to defective fulfillment) on behalf of the users/customers.
It should be noted that a delay in holding the scheduled session or its cancellation due to uncontrollable circumstances (such as flood, lightning, earthquake, fire, explosion, war, state of national emergency, as well as any other similar and unforeseeable event, located outside the sphere of any degree of culpability of the parties) in no case gives rise to a claim for compensation against the Company or its partners / masseuses.
The Company does not have to check the existence of diplomas, certificates of study or seminars and licensed certificates of practicing the profession by the partner / masseuse. The partners / masseuses know that in order to legally provide their services to the users / customers of the Company they should have the required license to practice their profession, as well as all the legal requirements for practicing the profession of masseus.
The users/customers must treat the Company’s associates/masseurs with courtesy and respect for their profession, abstaining from language or actions which could be considered as an insult to their own personality, their honour and their professional respect. In particular, users / clients are prohibited from developing sexual relations with partners / masseurs or requesting the provision of erotic services or physically or psychologically forcing partners / masseurs to commit or facilitate sexual or other immoral acts. In such cases, the session should be permanently interrupted and the partner / masseuse is no longer obliged to provide his services to the user / client, and the user / client is not entitled to request a refund of the fees paid. In the event where the partner/masseuse is the party which made inappropriate suggestions or actions, the user / customer has the right not to continue the session, demanding the return of the fees paid. Moreover, the Company does not have any responsibility towards the partner/masseuse if, on the contrary, during the sessions any inappropriate behavior arises, which gives rise to tortious liability, on the part of the users / customers, as for example if a user / customer shows, despite the clear opposition of the partner / masseuse, indecent and indecent behavior or behaves offensively or even violently.
HARMONIZATION OF THE TERMS OF USE WITH APPLICABLE LEGAL FRAMEWORK
The terms of use are fully in content with the legislation that currently exists in Greece concerning consumer protection and contracts (2) that are drawn up at a distance as applicable by the law Ν. 2251/1994 as it is applicable today. The law is applicable after the incorporation of Directive 2005/29 (OJ L 149) of the European Parliament and of the Council, with Law L. 3587/2007 (Official Gazette A’ 152/10.7.2007)], as well as electronic commerce (KYA Z1-891 /13.8.2013, directive 2011/83/EU of the European Parliament and of the Council, of October 25, 2011, on consumer rights and PD 131/2003 on electronic commerce). It is clarified that the requirements of the General Regulation for the Protection of Personal Data EU 2016/679 of the European Parliament and of the Council, of April 27, 2016 (hereinafter GDPR), have been fully incorporated into these terms of use, for the protection of natural persons with regard to processing of personal data and for the free circulation of said data on the Company’s website.
APPLICATION OF GENERAL DATA PROTECTION REGULATION
With reference to the GDPR, the Company undertakes to use the personal data of the collaborating masseuses exclusively for the purpose of fulfilling its obligations to its users / clients in the context of its provided services, as described on its website, after informing its collaborators masseuses and securing their relevant consent. In this context, the Company has the right to make public via the internet and in person to prospective users / clients only the nickname or first name (at the Company’s option) and the photo of the partners / masseuses, who accept these to be posted on the Company’s website and on its corporate social media pages. The Company guarantees that it has obtained the consent of the partners / masseuses before the above personal data is posted on its website and on its social media accounts and is subject to processing by the Company or that the partners / masseuses have not raised any objections to this posting and processing. The Company is exempted from any responsibility for any untruth or inaccuracy of the personal data and the information provided to it concerning them.
The Company may inform the partners / masseurs if, in its opinion, there is a risk from an order given by its user / client that may lead to a violation of the legislation on the protection of personal data of the partners / masseurs. If the Company wishes to process the personal data of partners / masseurs for purposes related to the services provided by it, it is responsible for ensuring the legality of this processing and for compliance with all other requirements of personal data protection legislation. The Company is entitled to keep a file – book of complaints with their general impressions from their experience with the Company and from their sessions with the partners / masseuses, as well as the cases of users / customers who were not satisfied together with the names of the partners / masseuses who had an obligation to fulfill and did not. The Company must amend these terms of use in the event of a change in the applicable legislation, so that they are compatible with the new legislation and inform the users / customers of the website of any change or modification of the terms of use.
For your personal information that is stored in the Company’s database, all necessary measures will be taken to properly secure it. Any illegal breach of this website’s database will be reported to all parties directly concerned, as well as to the relevant authorities, within 72 hours of the breach, as long as it is obvious that personal data stored in an identifiable form has been stolen.
In compliance with the GDPR, as well as the applicable national legislation, the Company informs its users / customers of how their personal data is processed. Use of this website constitutes express acceptance of the following. The data that the Company collects comes exclusively from the voluntary provision of these by users / customers and is limited to what is necessary for the support, promotion and execution of the services that the Company provides. Primarily, these include, but are not limited to, name, contact phone number and email address. This data is collected through the website or during the communication via phone call of users / customers with the Company and is used exclusively to inform them about an offer that interests them, as well as to inform them more generally about offers or possibilities of the website. Under no circumstances does the Company sell the personal data of its users / customers and does not share or make it public to third parties for advertising or promotional purposes. Only authorized employees or partners of the Company have access to them, exclusively for the purposes mentioned above. The data kept may be given or made available to the competent judicial, police and other administrative authorities upon their legal request. The Company assures that it ensures the protection of the personal data of the users/customers it manages and takes all the necessary security measures for this purpose. The Company does not keep credit card details, as these details are given directly by the user / customer to the cooperating credit institutions. Users connect to the website using a username and an encrypted password in an HTTPS environment with an installed security certificate that guarantees the security of the connection through encryption. The company reserves the right to send informative electronic messages to users under the terms of current legislation. To this end, when registering on the website, users / customers give their consent to the sending of informative or promotional e-mails to them. If they object to this action, they will not receive such messages, however, they can revoke their declaration at any time.
The company gives users the possibility, in every informational or advertising electronic message it sends, to stop the sending such messages, by choosing a relevant hyperlink (link) included in it.
The personal data of users / customers is kept for 30 days, which is deemed necessary to achieve the purpose for which it was collected. Users / customers have the right to request from the Company a copy of the data it holds, as well as its correction, completion or deletion. They also have the right to request the limitation of the way in which the Company processes it or its transmission to third parties (“data portability”). If users/customers wish to exercise any of these rights, they can send an email to info@hando.gr. or call 6944111111. The personal details and information of users/customers:
• must not be false, inaccurate or misleading
• must not contain viruses, trojans, worms, time bombs or cancel bots or any other program code that can intentionally cause damage or cause loss of data of the system in general, as well as must not lead to a loss of resources or services or functions of the Website or the Company in part or in whole related to our link providers or other partners.
In any case, the maintenance and processing of users’ personal data is carried out by specific, authorized personnel of the company and the external partners, who have also been authorized in relation to the provision of customer support and technical support services and is governed by the European Regulation 2016/679 on the protection of natural persons against the processing of personal data, the Data Protection Act 2018, which incorporated the Regulation into English law and n.4624/2019, which incorporated the Regulation into Greek law, as well as the EU-U.S. Privacy Shield (EU-US privacy shield).
Concerning the security of the personal data of the masseurs/employees, they only use their first name when communicating with the users/clients, in order to be able to share more easily the services provided by each. All necessary technical and organizational measures have been taken, in accordance with the provisions of the Regulation, for data security.
The website of the Company’s online store provides its users / customers with the possibility to choose, if they wish, to be informed about the Company’s new products, as well as about any other offers and services by the sending of advertising – informational messages from the Company to the electronic or postal address or on the phone they have requested. The Company’s online store will under no circumstances misuse the above service. It is pointed out that it is always possible to stop the said service and unsubscribe from the relevant newsletter of the Company, by sending a request to info@hando.gr.
The users / customers of the Company’s website may “download” or print the contents found on the website for their personal use only, but not for commercial purposes, provided that they do not modify or alter the content in any way, or delete copyright and trademark notices. The contents of the website may not be copied, sent or distributed in any way for commercial use, without the prior written approval of the Company. All the content of the website, as well as all related intellectual and industrial property products, including, but not limited to, distinctive titles and features, trademarks, images, graphics, photographs, illustrations, videos, sketches, services provided, designs, texts, etc. etc. are protected under the relevant provisions of Greek law, European law and international conventions on intellectual property. Any act that may constitute an infringement of intellectual or industrial property rights is generally prohibited. Logos, brands, trademarks and features, included in this website belong to the Company and / or to the persons mentioned as owners of the relevant rights on the website, and are protected in accordance with the current legislation on industrial and intellectual property. Their appearance on the website should in no way be understood as a transfer or assignment of a license or right to use them.
With reference to the texts, opinions and in general the material posted by users/customers on the website, in the form of comments that accompany each post, the Company stipulates that the current legislation on intellectual property applies to them. The above material is the property of the users/customers who post it, however, the right of publication is granted to the Company, provided that it is published unaltered. The Company declares that it does not endorse the texts, opinions and in general the material of its users / customers and bears no responsibility for any damage caused, originating from the above material.
The users / customers agree and undertake the obligation to use the services, information and data of the Company’s website and its online store, as provided by law and based on the rules of good faith and user business ethics. More specifically, they are required not to use the online store with the Company’s trademark for:
1. Sending, publishing or otherwise transmitting any content that is illegal for any reason, causes illegal offense and harm to the Company or any third party or violates the confidentiality or privacy of any person’s information.
2. Sending, publishing or transmitting in other ways any content that offends users’ morals, social values, minors, etc.
3. Sending, publishing or otherwise transmitting any content, for which users do not have a right to transmit according to the law or applicable contracts (such as inside information, proprietary and confidential information obtained or disclosed as part of business relations or which covered in confidentiality agreements)
4. Sending, publishing or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of third parties of any kind,
5. Sending, publishing or otherwise transmitting any material that contains software viruses or any other codes, files or programs designed to interrupt, damage, destroy or otherwise impair the operation of any computer software or hardware;
6. Intentionally or unintentionally violating applicable laws or regulations,
7. Harassing third parties in any way,
8. Collecting or storing personal data about other users.
The users / customers of the Company’s website agree that they will not use it to publish, send by e-mail or transmit in other ways. Any content that is illegal, harmful, threatening, offensive, libelous, defamatory, vulgar, obscene, and in any way contrary to decency is used to collect and or store personal data about the users. This also happens when there is a violation of another’s privacy or the content shows empathy, or expresses racial, ethnic or other discrimination or may cause harm to minors in any way or is not authorized to broadcast by law or by contractual prohibition (such as confidential information obtained or disclosed as part of employment relationships or covered in confidentiality agreements). It also occurs in instances when the content infringes any patent, trademark, trade secret, copyright or other proprietary right of a third party, contains software viruses or any other codes, files or programs, designed to interrupt, damage, destroy or impair the operation of any computer software or hardware, violates in any way the applicable Greek and Community legislation and its provisions, may harass third parties in any way and any content is used to collect or store personal data about other users.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
This website, as well as all the contents of this website, including, but not limited to, distinctive titles and features, trademarks, images, graphics, photographs, plans, texts, marks, logos and software, constitute the intellectual and industrial property of the Company and are protected by Greek, European and International Legislation on Industrial and Intellectual Property Rights. Furthermore, the design and presentation of the website, as well as its settings, are also the property of the Company. The domain name www.hando.gr is legally registered in the database of the Hellenic Telecommunications and Postal Commission (EETT) and “hando” is the legally registered trademark. As regards the intellectual and industrial property rights of third parties (e.g. partner websites, members or companies), their protection rests exclusively with the beneficiaries. Any copying, analog / digital recording and mechanical reproduction, distribution, transfer, downloading, processing, resale, creation of work output or misleading the public about the actual provider of the above website content is prohibited. Any reproduction, republishing, uploading, announcement, dissemination or transmission or any other use of the content in any way or medium for commercial or other purposes is permitted only with the prior written permission / written consent of the Company or any other legal owner of the above copyrights. The names, images, logos and distinctive features representing our Company’s online store or third parties and their products or services, are the exclusive trademarks of our Company or third parties, protected by relevant trademark laws and Community and international laws. Their appearance on the website should in no way be understood as a transfer or assignment of a license or right to use them. Users / customers should be aware that some files or data may be the intellectual property of third parties (partners, organizations, companies, etc.) and may not be used without the permission of these third parties (which may be stated in the relevant indication of the website). The appearance of the above content on the website cannot in any way be perceived as a transfer or assignment of a license or right to use any of the above elements.
FINAL PROVISIONS
The Company subject to the terms and conditions set forth herein and all applicable laws and regulations, grants users / customers a non-exclusive, non-transferable, personal and limited right to access, use and display this website and its contents. This license is not transferable and is subject to the following restrictions:
1) to keep on all copies of the website and its elements, all notices regarding copyright and other proprietary rights and
2) users / customers not to alter the website and its elements in any way or reproduce or publicly present, or distribute or otherwise use the website and its content for any public or commercial purpose, except as otherwise permitted herein.
Both the Company and the users / customers of the website declare that they are bound by these terms of use and fully comply with their content. If any user / customer who enters the website has any question regarding the present terms of use or needs any further clarification or information about the services provided by the Company, they can contact the Company and contact the customer service department at 6944121000 or by e-mail at info@hando.gr.
The Company reserves the right to unilaterally and at any time modify and update the above terms and conditions of use of its website, its online store and the services provided through it, without being obliged to inform anyone in advance, a modification which applies from and by the relevant posting of the new terms and conditions of use on the above website. For this reason, the user / customer is advised to re-read the terms and conditions of use regularly. The Company also reserves the right to unilaterally change the prices of its provided services, modifying accordingly on its website the prices that exist for each service, committing that the displayed prices are the real ones. VAT is included in the total price of products or services.
The Company guarantees that these terms of use are accurate and are enforced and that all information and features of the services provided, as displayed on its website, are accurate and complete.
Any provision of the above terms that becomes contrary to the law, automatically ceases to be valid and is removed from this, without affecting the validity of the other terms. In case of total or partial invalidity or impossibility of application of individual terms, the validity of all the remaining terms is not affected. The gap that may be created in the agreement between the website and the user / customer will be filled with new or modified terms that will, if possible, address the legal purpose of the invalid term.
If the Company chooses not to exercise its rights under these terms does not imply a waiver of these rights. The Company is exempted from any liability for breach of these terms due to unpredictable and unavoidable conditions.
All texts, information, links and audio-visual material posted on this website are for informational purposes only. The republishing of the content of this website is only permitted if it is accompanied by a link that refers to this website (www.hando.gr). While the Company has made every effort to ensure that the information contained on this website is accurate, it assumes no responsibility in the event of publication of inaccurate or incorrect information.
The use of this website, the present terms of use of the Company, as well as the transactions entered into between the Company and users / customers are governed by Greek Law. For the judicial resolution of any future dispute that may arise from the above, the competent courts of Athens are designated as the competent courts of Athens.
[1] An agency business, according to the ruling opinion, is the undertaking, in exchange for consideration, to provide the public with any kind of private services (see Velentza G., Epitomo commercial law, 2007, p. 42, Peraki E., General part of commercial law, 2000, p. 187, Psychomani Sp.,
[2] According to article 4 par. 1 sec. a’ L. 2251/1994, as “distance contract” (or distance contract) is defined any contract concerning a good or service, which is concluded between a supplier and a consumer, without their simultaneous physical presence, within the framework of a system supply of goods or provision of services at a distance, organized by the supplier, who uses, exclusively, one or more means of technical communication at a distance until the moment of concluding the contract”. Such means of technical communication are indicatively e-mail, telephone, fax or the Internet. The concept of distance contract also includes online contracts concluded between the Company (supplier) on the one hand and its users / customers (consumers) on the other, on the website of its online store