Terms & Conditions
Last updated: January 1, 2025
These general conditions of use and legal information (hereinafter, the "General Conditions"), apply to the website of "SERVICE CLUB ACQUISITION AND DEVELOPMENT OF LABOR TALENT S.L." (hereinafter, the "Corporation"), called Service Club (hereinafter, "Service Club") whose domains are www.serviceclub.com & app.serviceclub.com, & https://www.serviceclub.es and the corresponding mobile application, as well as all its related or linked sites, as well as its affiliates and associates, including the websites of Service Club worldwide (hereinafter and collectively, the "website").
The "website" is the property of "SERVICE CLUB ACQUISITION AND DEVELOPMENT OF LABOR TALENT S.L." By using the "website", you state your agreement (the term "you" or "your" refers to a user of the Platform) with these terms of use and agree to comply with them. Therefore, as the "Corporation," we request that you carefully read the "General Conditions" and ensure that you understand and accept them before subscribing, accessing or using the Platform. If you do not agree, we ask you to refrain from using it or accessing it.
Through these "General Conditions", "SERVICE CLUB ACQUISITION AND DEVELOPMENT OF LABOR TALENT S.L." makes available to all those people in the hospitality and delivery sectors and are registered in the Service Club Platform, (hereinafter, the "Courier") the website and the mobile application (hereinafter collectively referred to as the "Platform").
In accordance with the provisions of current regulations, the following identifying data of the owner of the "website" are presented:
- Name: SERVICE CLUB ACQUISITION AND DEVELOPMENT OF LABOR TALENT S.L.
- Registered office: Roger de Lluria, 26, 5 1a, Barcelona, Spain
- Registration data in the Mercantile Registry: Mercantile Registry of Barcelona, registered on January 3, 2018, in Volume 46209, Folio 39, Sheet 513021, Registration 1ª.
- Tax identification number (NIF): B-67127522
- Contact form: [email protected]
These Terms and Conditions are applicable to all "Companies" that have either requested services from Service Club or engaged with Service Club "Couriers" after being introduced via the "Service Club Platform". In the event that there is a signed contract between "the Parties," the signed contract overrides these Terms and Conditions.
Both parties may be referred to collectively as "the Parties" or individually as "the Party". They state that the "Company" wishes to contract the services offered by the "Service Club". The service will consist of "Service Club" filtering "Couriers" meeting the exact "Company" requirements and connecting them with the "Company."
0. Definitions and Interpretations
The following terms will have the meanings and interpretation as detailed below, unless the context clearly indicates otherwise:
- The Corporation; refers to "SERVICE CLUB ACQUISITION AND DEVELOPMENT OF LABOR TALENT S.L.", a company specialised in recruitment of workers for the delivery and transportation industry.
- Service Club; refers to the online marketplace of delivery and transportation workers and jobseekers, created by the "Corporation" where jobseekers can register, complete their profiles, apply for jobs, and have their details shared with "Companies."
- Platform; refers jointly to the website and the mobile application of "Service Club".
- Website; collectively referred to as "Service Club" websites worldwide.
- Couriers; refers jointly or individually to those people who work in the delivery industry seeking work in delivery industry and are registered within the "Service Club" platform. In these Terms and Conditions, "Courier" also means any type of driver, store assistant, store manager, pickers and packers, warehouse manager and anyone else that is connected to delivery, taxi and transportation industry.
- Service Club Couriers; refers to "Couriers" with a profile in "Service Club" platform.
- Companies; refers jointly or individually to Companies for whom "Courier" leads the "Service Club" platform generates. In other words, those companies which use "Service Club Couriers" to perform the delivery of orders. In this case, "Company".
- Company Account; refers to the Account created by "Service Club" on its platform where they will advertise and publish "Company" jobs.
- Engagement; refers to any communication between the "Courier" and the "Company" and the subsequent relationship between the "Courier" and "Company". The "Corporation" acts only as a marketplace where "Companies" and "Couriers" meet each other and as a broker to carry out the marketing, filtering, and registering processes for the "Company". The corporation does not act, decide, or participate in any of their potential relationships.
- Filtered leads; refers to those job applicants that applied to "Company's" jobs at "Service Club" platform and have gone through a filtering process by "Service Club" which includes but is not limited to collecting contact details, experience, education, interview via video or telephone and legal document collection.
- Onboarded couriers; refers to those "Filtered leads" which have onboarded the "Company" platform in order to complete deliveries.
- Payable leads; refers to "Filtered leads" or "Onboarded couriers" that have been provided to the "Company" in line with the subscription package chosen and the terms of this agreement.
- Confidential information; Any information or matter that is not in the public domain and that is directly or indirectly related to the Corporation, "Service Club", the "Company" and/or any other legal entity with which the "Courier" has had contact with.
- Company Platform; "Company's" own "Courier" recruitment platform or CRM.
- Semi-integration; is a manual way of synching the activities of "Service Club Platform" and "Company" Platform through daily downloads and uploads both parties agree to commit to.
- Full API integration; refers to seamless technological connectivity that allows "Service Club Platform" and "Company" Platform to automate sharing data.
1. Object
"Service Club's" main objective is to find and filter "Couriers" for the "Company" that match all their pre-agreed requirements, ready to start on the given date and time. These leads are called "Filtered leads". Depending on the subscription package chosen by the "Company," and subject to the terms and conditions in this agreement, "Service Club" guarantees that a certain percentage of "Filtered leads" will also onboard to the "Company" platform. To achieve this, "Service Club" will get involved in the onboarding process of "Filtered leads" by booking them for the onboarding dates specified by the "Company," sending contracts, assisting the "Couriers" with contractual questions, through manual and automated reminders, ensuring that each "Filtered lead" attends to the allocated onboarding sessions on time and with the correct documentation. These leads who onboard the "Company" platform are called "Onboarded couriers."
"Service Club" shall review and request all the necessary documentation from the couriers to evaluate their suitability to "Company's" requirements. "Service Club" will match the "Company" delivery jobs with jobseekers and put parties that are interested in each other in contact (all hereinafter understood as the "Service") upon the evaluation process. The "Courier", can apply to any offer of the "Platform" registered by the "Company" through the "Platform", with "Service Club" acting as either the marketplace that connects parties or as a broker. Therefore, unless agreed in writing, "Service Club" cannot and does not assume any responsibility such as, and not limited to; the conditions of the relationship, the payment of fees to the "Couriers", the fulfilment of their fiscal obligations, the expenses that may have been incurred to reach such jobs, the conduct of the "Company" or the "Courier", among others.
In this same way, "Service Club" acts as a brokerage platform by virtue of a mandate granted by the "Companies" through which potential workers can be filtered and selected. The objective of "Service Club" is to assist "Companies" who need delivery workers with the filtering and selection, willingly and voluntarily complying with the mandate given by the "Companies" to "Service Club". In this sense, "Service Club" will provide the "Courier" to the "Company" for them to perform delivery services following the conditions hereby stated.
2. Registration Process
"Service Club" will create a public account for the "Company" in the "Platform" with their company name, website, corporate images, videos, and company description. The details of the information that "Service Club" collects and how it is used, stored, transferred, or disclosed are detailed in "Service Club" Privacy Policy available both in the Application and on the website www.serviceclub.com, which is an integral part of these "Conditions". If these "Conditions" have been read in conjunction with our Privacy Policy and the "Company" does not consider them acceptable, please do not access or use the "Platform". The "Company" guarantees that all the information provided to "Service Club" for their registration to the "Platform" is true, accurate, complete, and up to date. The "Company" also agrees to keep all information updated. If the "Company" provides false, inaccurate, or incomplete information, or if "Service Club" considers that there are sufficient reasons to doubt the veracity, accuracy, or integrity thereof, "Service Club" may deny access and current or future use of the "Platform" or any of its contents and/or services.
The "Company" agrees to choose a method of integration between "Service Club" Platform and "Company" Platform. If the "Company" chooses "Semi-integration", "Service Club" guarantees to send the necessary data in the agreed format to the "Company" at a pre-agreed time every day. The "Company" guarantees to upload the provided data to the "Company" Platform at a pre-agreed time on the same day. Moreover, the "Company" guarantees to provide "Service Club" with the required data in the agreed format every day. "Service Club" guarantees to upload the provided data to the "Service Club Platform" at a pre-agreed time on the same day.
If the "Company" chooses "Full API integration", the "Company" agrees to dedicate one technical staff that will liaise with the assigned "Service Club" developer until the integration is complete and both parties commit to share the details of each platform's APIs and make the "Full API integration" possible.
"Service Club" will present all "Filtered Leads" that expressed interest to work with the "Company" to the "Company" via a password protected link from where the "Company" can display "Couriers" and either engage with those that fit their requirements directly or after they are moved to the "Company Platform" using one of the integration models.
The "Company" will place a job post with "Service Club" outlining exact requirements in terms of "Courier's" location, experience, education, legal documents, vehicle ownership and training. Depending on the subscription package selected by the "Company," "Service Club" will provide the "Company" with a number of "Filtered Leads" that fully meet their requirements.
- Under the "Lite Package," "Service Club" will provide the "Company" with 15 "Filtered leads," guaranteeing that 10 of the "Filtered leads" will become "Onboarded couriers."
- Under the "Start-up Package," "Service Club" will provide the "Company" with 30 "Filtered leads," guaranteeing that 20 of the "Filtered leads" will become "Onboarded couriers."
- Under the "Growth Package," "Service Club" will provide the "Company" with 70 "Filtered leads," guaranteeing that 45 of the "Filtered leads" will become "Onboarded couriers."
- Under the "Enterprise Package," "Service Club" will provide the "Company" with 150 "Filtered leads," guaranteeing that 100 of the "Filtered leads" will become "Onboarded couriers."
Within 48 hours of receiving each "Filtered Lead," the "Company" guarantees to carefully analyse the lead and send an employment contract unless the lead is rejected or has missing documents and information. The "Company" guarantees to update daily the candidate status field of each lead's profile in "Service Club Platform". "Couriers" that remain in the same status at "Service Club Platform" for more than 48 become "Payable leads".
The "Company" guarantees to mark those onboarded leads "Onboarded" on the day or latest next day of contract signing. The "Company" is not obliged to engage with "Filtered Leads" presented by "Service Club" if and only when "Service Club" has filtered a higher number of leads than agreed in the subscription package. Every lead engaged by the "Company" but left unprocessed in "Service Club Platform" funnel is "Payable lead".
The "Company" has the right to reject a "Filtered Lead" on the basis that the "Filtered Lead" is an existing "Courier" of the "Company" as long as they can provide proof that the "Courier" contract date with the "Company" is earlier than the date on which the "Filtered Lead" applied to the "Company" through "Service Club."
The following "Filtered leads" are also "Payable leads":
- The "Filtered lead" was dormant in the "Company" system for 3 months and was reactivated by "Service Club".
- The "Filtered lead" has left the employment of the "Company" and re-applied through "Service Club".
- The "Filtered lead" is employed by the "Company" in another position other than "Courier."
The content of the advertisements published on behalf of the "Company" in "Service Club" platform in order to attract "Couriers" will be created by the "Company", which gives "Service Club" the right to promote, publish and share the content according to "Company's" instructions. "Service Club" will promote the "Company" job positions inside the Platform and also in other network sites. "Service Club" will conduct various marketing campaigns, activities, competitions, talks, meetups, seminars, and meetings in order to attract "Couriers" to the "Service Club" platform during which the "Company" name may be mentioned as one of "Service Club" clients.
3. Complaints Policy
All complaints regarding "Service Club" must be sent to [email protected]. "Service Club" will acknowledge the "Company" complaint on the same day and aim to resolve within SEVEN (7) DAYS where possible. Certain complaints may require detailed investigation; in those cases, "Service Club" will give you an update in SEVEN (7) days and will set, where possible, a new deadline to respond.
4. Fees & Subscription Packages
The fees paid by the "Company" to "Service Club" are not considered as "Courier" salaries. Apart from the payment of "Service Club" fees, the "Company" is obliged to pay the respective salaries to the "Courier" stipulated on the job offer posted on the "Platform".
Surcharges apply for different city groups based on each city's population and complexity of headhunting in each. See Annex A and Annex B for more details.
If the "Company" operates in multiple countries, they are required subscribe to a separate subscription package for each country. The "Company" is required to set up a Direct Debit payment prior to the start of each contract. Payment for each month will be done in advance. The "Company" or "Service Club" can move "Filtered lead" and "Onboarded courier" targets forward by maximum two months. The "Company" will be required to give a notice period of two weeks in the case they wish to suspend hiring in any given territory and carry their monthly targets forward by maximum two months.
"Service Club" fees are non-refundable. In case "Service Club" cannot meet the targets stated in the selected subscription package due seasonality, geography or market changes, "Service Club" targets will be accumulated. "Service Club" will be obliged to work towards the accumulated target until they are met even after the end of the contract period.
5. Disclaimer of Warranties
The "Company" agrees and acknowledges that the "Platform" and all information are provided on an "as is" and "as available" basis without any express warranties or representations. "Service Club" is not responsible and makes no representations or warranties on the "Platform" nor that it functions without interruption or error in functioning. "Service Club" disclaims all liability for damages caused by and such interruption or error in functioning. Furthermore, "Service Club" disclaims all liability for any malfunctioning, impossibility of access or poor use conditions of the "Platform" due to inappropriate equipment, disturbances related to internet service providers or to the saturation of the internet network, and for any other reason. "Service Club" makes no warranty that the "Platform" or any server through which you access the "Platform" is free of viruses or other harmful components. Any content or material downloaded or obtained through the use of the "Platform" is at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such content or material. "Service Club" makes no representations or warranties that there will be any minimum number of users with resumes or companies with job offers on the "Platform", and that the information disclosed by the users with resumes or companies with job offers is accurate, up-to-date and reliable. "Service Club" makes no representations or warranties that any resume, job posting, news document, advertisement or other content or communication will be viewed by a minimum or defined number of users or by any specific user, and that your requirements or expectations on the quantity or quality of job applicants will be met.
6. Service Club Liability
"Service Club" acts as a broker between "Couriers" and "Companies". It performs as a marketplace platform that matches up different delivery professionals in accordance with their requirements.
According to the aforementioned, "Service Club" is not responsible in any case from the following matters:
- From inability to generate leads in a particular area. While every effort will be made to find "Couriers" in remote areas, no guarantee is offered to the "Company" as the success of our campaigns depend on various variables such as the market conditions, offered terms by the "Company," targeted courier numbers, and support "Service Club" receives from the "Company" throughout the recruitment process.
- While we will make every effort to work towards deadlines and for target numbers, depending on the variables mentioned in the previous bullet, "Service Club" is not liable for not meeting such deadlines and targets aimed.
- From any dispute between the "Company" and the "Couriers".
- From any "Courier's'" conduct.
- From the accuracy of the information and the authenticity of the documentation uploaded in the "Company" profile.
- From "Couriers'" duty to have any mandatory insurance.
- From fees (incl taxes and expenses) payable to "Couriers" by the "Company".
- From any agreement between the "Company" and "Courier".
- From any comment or content left in our website that violates applicable laws, rules or regulations, is offensive or illegal, or damages the reputation of "Companies" unless the "Company" requested the content to be taken down, or their "Platform", or violates the rights of, or harms or threatens the safety of users.
- From the "Courier's" loss of interest or unavailability if the "Company" failed to engage with the "Courier" within 48 hours of their application and within 48 hour they have remained in each "Service Club Platform" status.
- In the absence of "Semi-integration" or "Full API integration", "Courier's" refusal to onboard to the fleet of the "Company" manually and/or not completing their application in the "Company" platform or CRM after being introduced to the "Company".
- Unless otherwise agreed in writing, legal document validation with the relevant authorities, contract signing process, full courier induction to the "Company", training, and onboarding.
7. Company Liability
- The "Company" hereby guarantees to provide "Service Club" with all tools and materials needed for "Service Club" to perform its services 15 working days prior to the date the first round of couriers are needed. These tools and materials include but are not limited to job ads in the correct language, courier contracts (if "Service Club" is assigned to send them), a set onboarding date, time and place and responses to the FAQs. If "Service Club" couriers cannot be engaged with and therefore onboarded within the 48 hours of lead being generated due to one of these tools and materials missing, generated leads are still payable.
- The "Company" is responsible for enabling courier onboarding spread over multiple days. The "Company" accepts that mass onboarding of large numbers of couriers may not be possible due to applicant volumes and competitiveness of the local market and therefore guarantees to onboard couriers in the speed and intervals "Service Club" is able to generate leads.
- Neither party shall be liable to the other for any indirect, incidental, consequential, punitive, or special damages whatsoever (including without limitation, any damages claimed for business interruption, loss of income, loss of data, loss of use or performance of any products, revenue, or profits or for loss of goodwill) arising from or related to services provided pursuant to this agreement.
8. Confidentiality
In order to preserve the confidentiality and trade secrets of any "Company" and "Service Club" and without prejudice to any other duty, it's agreed that, during and after any "Engagement", neither Party will disclose or use for their own benefit or that of third parties, any "Confidential Information". Also it is agreed that, at any time, neither "Party" will make any copy, extract or summary, either in whole or in part, of any document or information belonging to the "Company" or "Service Club", except when it is necessary to do so in the course of an "Engagement", in which case said copy, extract or summary would be the property of the "Company" or of "Service Club". This Clause does not apply to information that is in the public domain, or information not being considered as public domain but is known due to breach of this clause or due to the breach of any other obligation of confidentiality, or information whose transmission or disclosure has been ordered by competent courts or tribunals.
9. Severability
If any term included in these "Conditions" is considered null or voidable, it will be rendered null and void. Such a declaration of invalidity shall not entail the invalidity of the rest of the Contract, with the same being applicable and binding on the parties.
10. Applicable Law
The relationship between "Service Club" and the "Company" will be governed and construed in accordance with these "Conditions" as well as in accordance with Spanish law. Any dispute arising in relation to these "Conditions" will be resolved subject to the jurisdiction of Spain.