Terms of Service

Last Updated: November 1, 2021

1. Welcome to Hubista

Welcome to Hubista and thank you for showing interest in our platform. The following terms of service (“Terms”, “terms”) govern the access to and use of the online platform provided by Hubista AB (also referred to as Hubista, the platform and/or the Hubista platform) as well as services, content, functionality provided by the platform. The platform is run by the Swedish limited liability company Hubista AB. You need to accept these terms to be able to use this platform

2. What we do

Hubista is an online marketplace for services as defined by Hubista. The platform facilitates the interaction between a buyer and a seller (jointly referred to as users). A seller is a user who promotes its services in a listing on the platform (for the explanation of listing see n.n. below). A buyer is a user who purchases such a service via the booking function on the platform. Sellers are independent contractors of the buyer and not employees, partners, representatives, joint ventures, agents, franchisees or independent contractors of Hubista.

Hubista is not part of the delivered service itself. Hubista enables the interaction. By accepting these terms the users acknowledge that Hubista does not supervise, scope, direct, control or monitor a seller's work.Therefore, Hubista disclaims any responsibility and liability for the service performed. An agreement between a buyer and a seller is a bilateral agreement which does not impose any legal obligations on Hubista.

3. User

A user is a physical person or a company (hereafter sometimes referred to as you) who creates a profile on the platform. A user profile can be used for two purposes only:

• The user profile can be used to sell services through creating a listing (this type of user is hereafter referred to as seller)
• The user profile can be used to browse listings created by other users for the purpose of purchasing a service (hereafter referred to as buyer)

By creating a profile on this platform the user agrees to follow the terms in this document. The user is at all times responsible for keeping up to date with the terms.

A userprofile can be used for both of the two purposes above simultaneously as well as one of them. Only one profile per user is allowed and the profile is tied to that user. You are the sole authorized user of your account and you are solely and fully responsible for all content displayed on or via the platform. The user is also responsible for all activities that occur under its password and/or account, even if not authorized by the user

Hubista will at all time have the right to deactivate and/or remove a user profile and/or user content that is not compliant with the terms or with applicable law. Hubista is the sole decision maker in such matters. If Hubista decides to undertake such actions a user is prohibited from registering a new account in the user’s name, a fictitious- or a borrowed name

Users may be subject to various controls upon creating a profile which may include, but not limited to identity verification and criminal background checks. Even though Hubista may perform background checks Hubista cannot confirm that each user is who they claim to be and Hubista cannot be held responsible for the accuracy or the reliability of the information provided by the user.

4. Service categories

A user may only use Hubista to promote services in line with the predefined service categories as presented on the platform. The range of service categories may vary over time. Hubista is the sole decision maker and holds the exclusive right to define the meaning of each service category. Once creating a listing, the seller agrees that it is at all times up to Hubista to decide if the created listing is in line with the selected service category. A seller may not change, modify or interpret the service category in any other way than defined by Hubista. Hubista keeps all the rights to review, modify and in the end remove all listings that are not in line with the service categories

A seller agrees that a service category that the seller sells its services within may be withdrawn from the platform at any time. Hubista owns the right to decide if a certain category should remain on the platform. If Hubista decides to remove a certain category, the listings within this category will not automatically be removed from the platform. However, in the case of a removed service category the corresponding listings will lose the connection between service category filtering and search functionality. In case of any changes to the existing service categories (e.g. removal of a service category), Hubista aims to inform all parties via email on best effort basis. If a seller does not find a new service category for their listing it might be removed from the platform

As stated in section 3, only one profile per user is accepted on the platform. However, a seller who wants to carry out sales in multiple service categories can do so by having several listings under different service categories (see below).

5. Listing

A listing is an advertisement created by the seller with the purpose of selling its services. A seller can have several listings under the same profile. This feature is there to enable one seller to undertake sales within more than one category and still be compliant with section NN above

Information provided in the listing must be honest, truthful and compliant with the ethical standards of Hubista. When creating a listing the user must ensure that it will not use the 3 platform for any illegal purposes. The seller is responsible to make sure that all material published in the listing does not interfere with the terms, third party rights, other users or violate applicable law.

Every listing will be reviewed and approved by Hubista. Hubista has the right to request changes or additional verifications related to the content in the listing. Hubista, however, does not guarantee the content provided by the seller in the listing. Hubista will at all time have the right to withdraw a listing and/or remove user content that is not compliant with the terms or with applicable law. Hubista is the sole decision maker in such matters

When the seller has completed a listing it becomes searchable for other users. A listing is tied to a certain service category. This makes the listing searchable for potential buyers.

6. Order

Hubista offers two booking alternatives (for more information regarding the two alternatives see FAQ on the platform). The binding agreement between the two parties arises the moment the booking is approved by the seller.

Upon ordering, buyers and sellers share information that is needed for the service delivery for example service delivery address. The two parties must at all times communicate clearly and promptly and the users are at all times responsible to provide honest and truthful information upon ordering. The information which the buyer provides constitutes the basis for the seller’s approval.

Both buyers and sellers are recommended to store information regarding the booking outside of the platform for example in a calendar. This is to ensure that buyers and sellers have access to such information even in case of a temporary technical disruption on the platform by the time of the service delivery. It is at all times the responsibility of the buyer and the seller to provide accurate information to enable service delivery. For security reasons and to ensure what users have agreed upon all users are advised to let all communication between users go via the platform.

The seller is required to approve the booking request within six days otherwise the booking request will expire. All open booking requests can be found under the user's inbox. When the seller has approved the booking, a confirmation is sent to the buyer via email as well as through a message function on the platform. If a booking request is not approved upon the scheduled starting time of the service the booking will automatically expire

7. Delivery

8. Fees

9. Payment

Hubista uses a third party payment service provider (PSP), Stripe. In the event of a buyer’s failure to pay for the service, Hubista cannot be obliged to pay the seller.

To be able to sell services through the Hubista platform users have to accept the terms of Stripe. A seller accepts the terms of Stripe once they register user details on the Stripe platform for example payout account details. All payments are processed and collected by Stripe. Hubista does not handle the collection of the service price from the buyers or the payout to the seller.

The pay out will be initiated straight after the end time of the service delivery. Hubista cannot guarantee or provide advice regarding the processing times of the payment. All questions related to the payment should be addressed to the user’s local bank or Stripe.

Users of the platform are neither allowed to offer nor request direct payments outside the platform. In case of payment related incidents of this kind, all users are required to report them back to Hubista

10. Reviews

Hubista applies a review system through which the buyer and the seller are required to review one another after the service delivery. This system is in place to enable transparency regarding service quality and to support the trustworthiness of a buyer. A review will be visible on the platform once both the buyer and the seller have submitted the review. The review function is available for seven days after service delivery

The review is a combination of star rating and free text. A review is a subjective view from a buyer to a seller and vice versa. Hubista does not verify or approve reviews. Therefore, Hubista can at no time be held responsible for the content of the review. However, Hubista holds the right to edit or withdraw a review or the involved user account/accounts and/or listing if the review is not compliant with the terms, third party rights or applicable law. Hubista is the sole decision maker in such matters.

11. Guarantees

The seller is solely and fully responsible for the truthfulness and accuracy of all content within its user profile and/or listing. Hubista cannot be held responsible for the information provided by the users of the platform.

Hubista does not verify or guarantee the identity of the users of the platform. Hubista does not provide guarantees regarding knowledge level or skills of the sellers. In addition, Hubista does not guarantee the delivery of the service

Furthermore, Hubista is not responsible for the perceived quality of the services provided by the sellers. Hubista cannot be held responsible or required to guarantee the quality

Users are however encouraged to report back to Hubista if an agreed service deviates from the actual delivery or if the service is not delivered at all. The phrase agreed service refers to the mutual agreement between the users. This mutual agreement is at all times based on the information provided in the listing. Additional information or communication provided through the message function on the platform is not part of the mutual agreement.

12. Refunds and cancellations

Both buyer and seller have the ability to cancel the booking up to 48 hours before the starting time through the platform. A booking that is successfully cancelled will be fully refunded to the buyer. The refund will be initiated straight after the cancellation. Hubista cannot guarantee or provide advice regarding the processing times of the refund. All questions related to the refund should be addressed to the user’s local bank, card provider or Stripe

In case of a no show by the seller, the buyer is not obliged to pay. In case of a no show by the buyer or if the buyer does not enable the seller to deliver the service, the buyer is obliged to pay. In such cases the seller will receive its share of the agreed listing price. By accepting these terms users agree to do their best to fulfill the agreement towards the other party

If failure to deliver occurs, for any reason, users are encouraged to report back to Hubista. If there should be a dispute regarding such matters Hubista holds the exclusive right to decide regarding refunds

13. Disputes

Hubista is the provider of the platform and not part of the bilateral agreement between buyer and seller. Any potential disputes between the two parties will have to be solved between them. By accepting these terms users acknowledge that no involvement can be required from Hubista regarding disputes between users.

14. Changes of the terms

The terms might change at any point in time and for any given reason. Hubista owns the right to undertake any such changes. Such changes become valid 30 days after published or in any other way accepted by the user. By accepting these terms the user accepts that such changes may occur.

15. Tax effects

Selling and purchasing services via the platform may result in tax obligations. The buyer and seller are individually responsible for such obligations. For further information regarding such matters please be in contact with your local tax authority. Hubista does not provide consultation to its users regarding tax related questions.

16. Links to Third-Party Websites

The platform enables users to add links to predefined third party websites or resources. Such third-party services may be subject to different terms and conditions and/or privacy policies. A user of the platform is the sole authorized user of the account and the user is solely and fully responsible for all content displayed on or via the platform. By accepting these terms a user acknowledges that all content, even accessible via a third party website, must be in line with the terms, third-party rights and applicable law. Hubista is the sole decision maker in such questions

Users are only allowed to link their profile to the predefined websites as defined by Hubista. Hubista is not responsible or liable for the availability or accuracy of such third-party services or the content, products or services available from such third party services. Hubista holds the right to edit or remove user account/accounts and/or information provided by users if it is not compliant with the terms, third party rights or applicable law

17. Ethical standard

Hubista is a platform where interaction between individuals is at the center of its existence. In order to buy and sell services through the platform, a mixture of digital and physical inaction is required between the users. This combination of digital and physical interaction calls for high ethical standards from all users of this platform. Therefore, Hubista applies an ethical standard formulated in this document. The ethical standard is incorporated in the terms to highlight the importance of these matters. By accepting the terms users also accept to follow the ethical standard of Hubista

• All users of the platform are required to show respect to each other in the digital and the physical interaction
• Respect has to be shown regardless of gender, sexual identity, sexual orientation, ethnicity, religion, political view, social background, function variation and age
• Users must act with honesty in the digital presentation as well as during the physical performance

Behaviour, digitally or physically, that is not compliant with the terms can result in actions determined in this document. Hubista encourages users to report any behaviour that is not in line with the terms of Hubista

18. Limitation of liability

Hubista is not liable for technical errors that might occur upon using the platform. Hence, any disruptions due to lost network connections or any other disconnection cannot be held against Hubista. Hubista does not promise that the service will live up to the users’ expectations or that the service will be free from disruption or free from deficiencies.

Hubista is the provider of the platform and as such we strive to provide a user friendly and smooth experience. In case of any damage, direct or indirect or loss in conjunction with the use of a service purchased via the platform Hubista will not be liable for compensation or in any other way liable. In case of damage, loss and or complaint a buyer should turn to the seller. Through an approved booking request a buyer and a seller have entered a mutual agreement. It is a bilateral agreement hence any disputes or disagreements between the contracting parties will not involve Hubista.

19. Applicable law and jurisdiction

These terms will be interpreted in accordance with Swedish law. Disputes arising from the terms will be processed in general court with Stockholms Tingsrätt as the first instance

If Hubista wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the general court in Sweden