Terms and Conditions – JuanPescador These Terms and Conditions apply to this website, the associated legal entity, and all other websites operated under the same entity, hereinafter collectively referred to as “JuanPescador.”
1. Scope of Services and User Responsibilities JuanPescador operates as a mediation platform that enables users to independently offer or obtain services, entirely at their own risk, responsibility, and expense. The platform solely facilitates the initial contact between individuals and/or businesses offering or seeking services. JuanPescador does not perform tasks, make changes, or handle any actions on behalf of users under any circumstance. By registering an account, the user declares to be legally authorized to do so under applicable law.
You can easily manage everything yourself by logging in and visiting your profile. There, you can:
- Edit your advertisement text and preferences
- Pause or delete your account
- Activate or deactivate your chat subscription
How to manage your chat subscription:
- Log in to your account
- Go to the menu and click on “Profile”
- View the locations where you have an active chat subscription
- Uncheck the box to deactivate the subscription
- Check the box to (re)activate the subscription
2. Platform Access and Content Management JuanPescador reserves the right to: Deny users access to the platform without prior notice or explanation; Suspend or terminate accounts in cases of misuse, fraud, or violation of these terms; Remove or modify user-submitted content at its sole discretion and without prior warning.
3. Paid Services and Subscription Terms JuanPescador offers paid services on a best-effort basis to help users find suitable service providers. These services: Commence immediately upon subscription; Are invoiced in advance and are non-refundable; Contain digital content accessible only during the active subscription period; Are considered custom services and therefore excluded from the statutory right of withdrawal under consumer protection laws. By subscribing, the user waives the right of withdrawal and acknowledges that access to the protected digital content starts immediately.
4. Intellectual Property and Usage License Users retain the copyright to the content they upload. By uploading content, the user grants JuanPescador a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, and modify this content for the operation and promotion of the platform.
5. Prohibition on Sharing Contact Information Sharing contact details outside the platform undermines the platform’s business model and fair service delivery. Therefore, the platform enforces penalties to prevent abuse and encourage use of official booking channels. Users are not permitted to share personal contact information (including but not limited to business names, websites, first and last names, phone numbers, email addresses, social media profiles, or physical addresses) in any way that enables or reasonably could enable contact outside the JuanPescador platform. This rule applies regardless of user intent. A €100 fine will be imposed for each violation.
6. Liability and Indemnification JuanPescador: Is not a party to agreements between users; Offers no guarantees regarding the quality, legality, or fulfillment of services offered through the platform; Is not liable for damages resulting from user interactions. If a user causes damage or incurs costs for JuanPescador, they are fully liable for reimbursement, plus €50 in administrative fees.
7. No Guarantee of Results and No Refunds if Outcome is Not Achieved JuanPescador provides its services on a best-effort basis. This means that JuanPescador strives to connect users but does not guarantee successful collaboration or the finding of a suitable service provider. Users acknowledge that the platform only facilitates initial contact and has no influence over the final outcome. As such, there is no right to a refund if use of the platform does not lead to the desired result.
8. Unjustified Chargebacks If a user reverses or disputes a payment to JuanPescador through a payment provider or bank without valid legal grounds (a so-called “chargeback”), for example by reversing a recurring payment for a subscription that was not canceled on time, JuanPescador reserves the right to:
- Re-invoice the user for the original invoice amount;
- Charge for any costs incurred as a result of the chargeback;
- Add a €50 administrative fee to cover additional processing costs;
- Transfer the claim to a collection agency in case of non-payment;
- Report the incident to the appropriate authorities.
9. Fraud Prevention and Identity Verification JuanPescador reserves the right to verify user identities and investigate suspicious activities. In case of suspected fraud, the account may be temporarily or permanently suspended and/or reported to the competent authorities.
10. Ranking and Visibility in Search Results The order in which profiles or search results appear on the platform may be influenced by factors such as profile activity, ratings, and content. JuanPescador reserves the right to adjust the algorithm or display logic at its own discretion.
11. Data Protection and Privacy JuanPescador endeavors to adequately protect users’ personal data. The processing of personal data is done confidentially and in accordance with applicable legislation and internal privacy policies.
12. Force Majeure JuanPescador is not liable for any failure to fulfill its obligations due to force majeure, including but not limited to natural disasters, cyberattacks, government measures, technical failures, or pandemics.
13. Changes to the Terms JuanPescador reserves the right to change these terms at any time. Revised terms will take effect from the moment they are published on the website. Users are advised to review the terms regularly.
14. Governing Law and Dispute Resolution These terms are governed exclusively by Alaskan law. Any disputes arising from or related to these terms shall be submitted to the competent court in the district where JuanPescador has its registered office.
15. Account Termination and Data Deletion Users may terminate their account at any time via their personal login area, upon which all associated personal data will be permanently deleted. Any outstanding financial obligations to JuanPescador remain in effect after termination.
16. Acceptance of Terms By using this website, the user fully agrees to these Terms and Conditions. If any provision of these terms and conditions is found to be wholly or partially invalid, void, or unenforceable, the validity of the remaining provisions shall not be affected. In such a case, the invalid provision shall be replaced by a valid one that most closely reflects the intent and purpose of the original.