Terms and Conditions of Suppliers
wecamp

The present Terms and Conditions define the conditions under which the Company makes the Platform and the Service (the “Marketplace”) available to the Provider, without prejudice to the fact that certain functionalities or specific services of the Platform may additionally be subject to particular conditions. 

1. The Company provides Clients and Suppliers (hereinafter, the “Members”) with the Service, which consists of making available to Members an online technological intermediation platform, supported by Trivity's technological infrastructure and software, that facilitates contacting and, if applicable, reserving and contracting the Services of the Supplier among the Clients of the Platform, without the Company intervening, either directly or indirectly, in the contract or in the provision of the Services of the Supplier agreed upon with the Clients. 

2. The Company will determine the order of classification and positioning of the Suppliers on the Platform by applying the following main parameters: Client ratings, geographical proximity, volume of bookings made, relevance of the Supplier's Services concerning the Client's search, and availability of the Supplier's Services. The relative importance of these parameters may vary depending on the type of search and the preferences indicated by the Client. The Company commits to not granting unjustified differentiated treatment to any Supplier regarding their positioning. 

3. Furthermore, the Company may offer certain complementary and additional services regarding the Service, consisting of providing support to the Suppliers (hereinafter, the “Auxiliary Services”). Paid services offered to Suppliers and payment processing to Clients will be provided directly by the provider Stripe, without either direct or indirect intervention by the Company. Likewise, technological infrastructure services will be offered by Trivity. 

1. Invoicing  

The Company will facilitate, through the Platform, the management of bookings made by Clients concerning the Services offered by Suppliers. The Services are provided directly by the Supplier to the Client, with the Supplier being the only responsible entity for generating and issuing the corresponding invoices for such Services and for complying with the applicable legal and tax obligations. Payments for bookings made through the Platform will be processed via the Stripe payment gateway. At the time of booking, the Supplier will receive the corresponding amount, once the applicable commissions charged by Stripe and the associated management costs of the Platform have been deducted.  

The management of payments and settlements is carried out using the transaction and booking data recorded on the Platform, which is supported by Trivity's technological infrastructure and software. The operational management of these settlements is carried out by Trivity, without prejudice to the contractual relationship existing between the Company and the Supplier. 

To manage the bookings, payments, and settlements, Trivity will collect the necessary information from: (i) the tax regime and specific details of the Supplier provided upon registration on the Platform; and (ii) the information regarding the transactions and bookings made through the Platform. The Supplier expressly authorizes Trivity to access, use, and process such information solely for the purpose of managing the operation of the Platform and the associated settlements. In relation to the Supplier's data stored on the Platform, the Company will access them as a subscriber of the Trivity license, in accordance with the rights conferred upon it by the terms and conditions of Trivity, without this implying the provision by Trivity of any invoicing service. 

On a monthly basis, Trivity will issue to the Supplier a consolidated invoice corresponding to the total commissions accrued for the bookings made through the Platform during the relevant period. Each invoice will include the details of the operations performed and the applicable commissions, including the commission corresponding to the Company for the promotion and marketing of the Services through the Platform, equivalent to ten percent (10%) of the amount of each booking, and the commission corresponding to Trivity for the provision of technological and management services associated with the Platform, equivalent to two point five percent (2.5%) of the amount of each booking. 

The Company acts solely as a facilitator of the contract between the Client and the Supplier. As a result, the Supplier will remain the only responsible entity for providing the contracted Services, issuing the corresponding invoices to the Clients, and complying with applicable legal, tax, and fiscal obligations, including, in particular, the one pertaining to Value Added Tax. 

The Company will make reasonable commercial efforts to ensure the correct functioning of the Platform and the availability of information related to the bookings and transactions recorded on it, although the Supplier acknowledges that such information will depend on the data provided by the Supplier itself, the Clients, Stripe, and the technological systems used to manage the Platform. 

2. Payment services 

Stripe will be responsible for providing the payment services necessary for the Supplier to receive payment from the Clients for the Supplier's Services contracted through the Platform (the “Payment Service”). These services are provided by Stripe Payments Europe Limited or its affiliated entities (hereinafter, “Stripe”), whose service terms are accessible at https://stripe.com/en-es/legal/ssa-services-terms#stripe-connect-platform.  

The Supplier acknowledges and agrees that the Platform is provided by Trivity as the provider of the technological infrastructure and software, and that the payments for the Supplier's Services are made directly between the Client and the Supplier, without the Company intervening as a party to the transaction, payment entity, collection agent, or representative of any party. 

The Supplier acknowledges and agrees that using Stripe implies compliance with: (i) the applicable terms and conditions of Stripe, to the extent that they are relevant to the actual provision of the payment services; and (ii) the obligation to comply with all applicable regulations concerning payment services, anti-money laundering, and counter-terrorism financing. 

For the Payment Service to function properly, the Supplier: 

1. Must create, maintain, and manage the accounts, profiles, and configurations that Stripe requires for the provision of its services; 

2. Will be solely responsible for the information provided to Stripe and for the instructions provided through the mechanisms enabled by Stripe regarding payment receipts, refunds, disputes, returns, chargebacks, or any other operation related to the payment services; 

3. Must provide Stripe with the necessary documentation to carry out the due diligence controls related to anti-money laundering and counter-terrorism financing. If the Supplier does not provide such documentation, the Payment Services will not be provided to them, and the Company will be released from any liability resulting from such impossibility. 

The operation of the Payment Service will be governed, in order of precedence: (i) by the applicable terms of Stripe; and (iii) by these Terms and Conditions. In the event of a conflict between these conditions, those mentioned will prevail in the specified order regarding the specific operation of the Payment Services. 

The Company acts at all times solely as an intermediary in providing the Payment Services. The Company does not provide regulated payment services nor intervenes in the material execution of payment transactions, and therefore assumes no responsibility for: 

1. the effective provision of the Payment Service by Stripe or any other provider involved in the payment chain; 

2. errors, failures, interruptions, or unavailability of Trivity's or Stripe's software;  

3. the withholding, freezing, or blocking of funds by Stripe for compliance reasons (including anti-money laundering regulations); 

4. delays, rejections, or incidents in payment operations; nor  

5. unilateral changes in the terms and conditions of Stripe that affect the operation of the Payment Services. The Company commits to inform the Supplier, without undue delay, of any relevant changes that come to its knowledge. 

6. The Supplier acknowledges and agrees that the Auxiliary Services depend on the availability and proper functioning of Trivity's software and the third-party providers involved. The Company will not be liable for failures, interruptions, or limitations of the Auxiliary Services attributable to Trivity, Stripe, or any other technological provider.

1. Access and use of the Platform Services is strictly reserved for Self-Employed Professionals and/or entrepreneurs or professionals who have the status of a legal entity of a private nature. Therefore, when you register on the Platform, you declare, as a Self-Employed Professional or on behalf of the Entity, that you, as a Self-Employed Professional or the Entity you represent, meet these conditions and that, in using the Service, you are acting for a purpose related to your commercial or business activity. 

2. Access to the Platform is not automatic. As a first step, the Self-Employed Professional or you as a representative of the Entity must read and expressly accept these Terms and Conditions in full. Without such acceptance, the registration application cannot be completed nor can access to any functionality of the Platform be granted. 

3. Subsequently, the Self-Employed Professional or you on behalf of the Entity must submit a registration application that includes, at a minimum, the necessary information for identification, your contact details, the destination(s) where you intend to operate, an initial proposal of the services and activities you wish to market through the Platform, and a basic description of these.  

4. All accepted activities must pass a coherence filter with the values of the Society, which includes: (i) respect for the natural environment where the activity takes place; (ii) absence of demonstrable negative impact on the local ecosystem; (iii) preference for suppliers with demonstrable ties to the destination; and (iv) activities involving animals will only be admitted if the Supplier proves compliance with applicable animal welfare regulations. 

Furthermore, when completing the registration application form, the Supplier must provide the supporting documentation that demonstrates that they are duly authorized to carry out the activities they offer, including a valid liability insurance policy, a specific activity insurance policy when applicable, and the corresponding municipal license, authorization, or required activity permit at the destination where the service is provided. By submitting this documentation, the Supplier declares that they meet all the necessary legal requirements to carry out their activity and that they are up to date with their tax, labor, and Social Security obligations.  

5. Upon receiving the access application, the Society will carry out a review process of the Self-Employed Professional and/or the requesting Entity and the proposed activities in order to verify compliance with the requirements established in these Terms and Conditions, as well as applicable standards of quality, safety, operation, and content. During this evaluation period, the activities will remain in a state of review and will not be visible or bookable by users of the Platform. 

6. The Society will communicate the result of the review process to the applicant via email provided by them at the time of registration application, within a maximum indicative timeframe of two (2) weeks from the receipt of all necessary information for evaluation. As a result of this review, the Society may: 

Approve the activity, making it admissible for publication and marketing on the Platform; 

Conditionally approve the activity, with the Supplier obliged to make the required corrections, improvements, or adjustments within the timeframe indicated by the Society, which may reject it in the case of non-compliance; or 

Reject the activity, in which case it will not be admitted for publication nor marketed through the Platform. 

7. Once the review process is successfully completed, the access application approved by the Society, and when the Supplier has completed the registration with Trivity, the Self-Employed Professional or the Entity will acquire the status of Member of the Platform by opening a user account (hereinafter, “Account”). During this registration process, you will be asked for the strictly necessary data to allow your identification and subsequent operation within the Platform. During the registration process, you are committed to providing accurate and truthful information and, where applicable, documentation, and during the term of the Service, you also commit to promptly inform the Society of any change that may affect you, at this email address: msanagustin@wecamp.net 

8. The identifier and access key (hereinafter, the “Access Elements”) are personal and non-transferable, and it is the responsibility of the Self-Employed Professional or the Entity to ensure their confidentiality, preventing misuse or access by third parties. 

9. Therefore, for your registration process to be considered complete, you must: (i) be registered as a Member of the Platform; (ii) have completed the registration process through Trivity; and (iii) have an active Account.  

10. The Supplier, once registered on the Platform, will be able to add new activities directly from their internal portal, without the need for a new access application. The conditions accepted in the initial registration apply to any activity added later. Each new activity will follow the same review flow described in this section. 

11. You assume full responsibility, in your own name and representation and/or in the name and representation of the Entity, for all actions you take with your Account. Therefore, in order to ensure the security of your key, we recommend choosing a robust key, that is, containing at least eight (8) characters in length, composed of a combination of digits, letters (uppercase and lowercase), and special characters or punctuation marks. 

12. As a Member of the Platform you must avoid, under your responsibility, providing the Access Elements or allowing the use of your Account to a third party. 

13. In the event of loss or suspicion of loss or access to the Access Elements by third parties, we recommend that you proceed to change them for new ones as soon as possible or, if you cannot do so, inform the Society, without undue delay, at the following email address: msanagustin@wecamp.net, for the adoption of the measures deemed appropriate, and, if applicable, proceed to block the Account. 

14. The Member must immediately inform the Society of any element, indication, or suspicion regarding any circumstance that could endanger the integrity and/or security of the Account, so that the Society can take the appropriate measures in this regard. 

15. The Society may block the Account, informing the Member by email of the reason for the block. In the event that both the Account and access or use of the Platform have been put at risk due to negligent action by the Member, they will be liable for any damages that may arise from their lack of diligence, especially if the loss of such has facilitated theft, damage, or the improper hiring or provision of the Service or any Supplier Service. 

1. For the publication and permanence of the Providers' activities on the Platform, these must include complete, truthful, up-to-date, and sufficiently detailed information to allow users to clearly understand the characteristics and conditions of the offered experience. Each activity must contain, at a minimum, a descriptive and original title, a detailed description of the experience, an itinerary or development of the activity, the indication of the meeting or pickup point when applicable, as well as a clear list of included and excluded services. 

2. The Provider must explicitly inform about the languages in which the activity is offered; in the case of the Spanish territory, it should at least be offered in Spanish and, if applicable, in the second official language of the territories where the activities are offered. Provide any relevant information for participation, including, among other aspects, physical requirements, age limitations, accessibility conditions, clothing or equipment recommendations, and any other circumstances that may affect the user's experience. Each activity must include a minimum of three (3) photographs that faithfully represent the offered experience. The images must be of sufficient quality, clear, relevant, suitable for all audiences, and must not contain text, promotional marks, or elements that may cause confusion. Generic, stock images or those that do not have a direct relationship with the published activity will not be accepted. The Provider must guarantee that it has all the necessary rights, authorizations, and consents to use, reproduce, publicly communicate, and make available to the Company and users accessing the Platform any image, photograph, or content they publish on the Platform, ensuring compliance with applicable regulations. The Provider will be solely responsible for the contents published on the Platform and will keep the Company indemnified against any claims, actions, sanctions, damages, losses, or costs arising from the use and exploitation of such contents or from any breach of the guarantees provided in this clause.  

3. The Provider must clearly indicate the price applicable to the activity, including all concepts and mandatory charges associated with the reservation. It must also have a cancellation policy visible to the user in its own terms and conditions and allow the use of mobile tickets. 

4. The Platform reserves the right to reject, suspend, unpublish, or require the modification of any activity that does not meet the requirements established in this clause or that contains incomplete, inaccurate, misleading, outdated information, or information that may negatively affect the user experience. 

5. The Provider will link each activity to a specific destination. The offering of activities is differentiated by camping. If a Provider operates in several destinations, they must create independent listings for each destination. The Company will validate the geographical consistency through municipal licenses or activity permits at the destination. 

6. The Provider must have its own terms and conditions applicable to the products and/or services offered through the Platform and ensure that they are made available to Clients prior to contracting. 

7. The Provider will manage reservations exclusively through the Platform. The Platform operates under the instant confirmation model: the Provider authorizes the automatic acceptance of reservations and commits not to reject them except for justified reasons in accordance with the cancellation conditions. The Provider must keep availability updated at all times, with a minimum of one active bookable date per week. 

8. In case of cancellation by the Provider, they must offer the Client an alternative of equal or higher category, or manage a full refund through the Platform. If the Provider anticipates a delay regarding the start time, it must immediately notify the Client. 

1. The Provider, by accessing and using the Platform, agrees to be bound by these Terms and Conditions. We recommend that they be read in detail before starting the registration process, as well as, once you have acquired the status of Member, to proceed to read them each time you access or use the Platform, as we reserve the right to change, modify, and/or add these conditions or certain elements of them at any time as provided in Clause 17. 

2. The Provider agrees to use the Platform lawfully and in good faith, in accordance with the provisions of these Terms and Conditions and without their use causing harm to the rights or interests of the Company, other Members, or third parties. By way of example and in no case limiting or excluding, the Self-Employed Professional and/or the Entity you represent agrees to: 

• Not engage in illegal activities or contrary to good faith and/or public order; 

• Not manipulate, access, and, where applicable, use other members' accounts; 

• Not perform any action or omission that constitutes a violation of the intellectual or industrial property rights of the Company, other Members, or third parties; 

• Not introduce or disseminate false, misleading, ambiguous, or inaccurate information or content on the Platform that may mislead the recipients of the information, nor any other content of a racist, xenophobic, offensive, discriminatory, inappropriate nature, or of any other type that violates human rights or minors or that incites violence or hatred; 

• Not publish content promoting restricted activities, expressly: (i) activities with animals where the provider cannot prove compliance with applicable animal welfare regulations, or where practices of mistreatment, exploitation, or inadequate conditions for animals are detected, (ii) activities in protected natural areas without the corresponding administrative authorization, (iii) activities with demonstrable negative environmental impact and without compensatory measures, and (iv) any illegal activity or activity that violates applicable local, regional or state regulations.  

• Not cause damage to the systems of the Company, other Members, or third parties, nor introduce or disseminate computer viruses or use any other systems that may cause the previously mentioned damage; and  

• Not delete, alter, or bypass any protection device or security system installed on the Website or any other element of the Platform. 

3. The Provider agrees to notify the Company of the loss of the conditions that entitle them to hold Member status. 

4. The use of the Platform is done by the Provider at their own risk, so neither the Company, nor its administrators or employees shall be liable for damages of any nature, direct or indirect, arising from the use of the Platform, unless there is intent on the part of the Company.  

5. The Platform has been configured for exclusive use by Self-Employed Professionals and/or entrepreneurs or professionals (who, in the case of Providers, have the status of a legal entity), so if you detect that the Client with whom you contract does not meet such requirements, you must inform the Company without undue delay.  

6. The Company does not guarantee the availability and accessibility of the Website, the Service, the Auxiliary Services, or the Platform, although it will make commercially reasonable efforts in this regard. The Provider acknowledges that the Platform is supported by the technological infrastructure and software of Trivity and that its availability and operation may be affected by circumstances attributable to Trivity or third-party providers of technological infrastructure, for which the Company assumes no responsibility. 

7. Furthermore, the Company does not guarantee the absolute absence of situations of interruptions, computer viruses, or failures caused by reasons beyond the control of the Company, delays or blocks in the use of the systems associated with the Website or the Platform caused by deficiencies or overloads in the Internet system or other electrical systems; viruses, malware, or other elements that may cause alterations in the Provider's or Clients' computer systems, documents, or files, as well as any other alterations that may occur. Occasionally, interruptions may occur for the time necessary to carry out the corresponding maintenance operations. 

8. The Provider commits to carrying out their activity in an environmentally respectful manner and to minimize the environmental impact of the Provider's Services. In particular, the Provider agrees to: (i) comply with all applicable environmental regulations related to their activity; (ii) adopt sustainable practices in the provision of their services, including responsible waste management, resource consumption reduction, and emissions minimization; (iii) not carry out activities that cause significant harm to the natural environment in which they operate; and (iv) collaborate with the Company in sustainability initiatives that it may promote within the framework of the Platform. The Company may request from the Provider information about their sustainability and social responsibility practices. A manifest breach of the environmental commitments set forth in this clause may be considered a breach of these Terms and Conditions for the purposes provided in Clause 12 regarding Termination and Resolution. 

9. The Provider's staff must act with respect and professionalism at all times, both during the activity and in prior and subsequent communications. Any discriminatory, harassing, or disrespectful behavior—whether in person or through communication means—may result in the immediate removal from the Platform. 

10. The Provider shall not discriminate against any participant on account of race, color, ethnicity, national origin, gender, religion or beliefs, sexual orientation, gender identity, disability or any other characteristic protected by applicable law. This does not prevent the Provider from rejecting a potential client for legitimate and nondiscriminatory reasons, such as unavailability or force majeure causes. A breach of this obligation shall constitute a serious breach of these Terms and Conditions, and therefore, may result in the suspension or cancellation of the Provider's account, without prejudice to any other actions that may correspond. 

1. The Company reserves the right to deny access or continued use of the Platform to the Provider, as well as suspend or cancel the Account of those Members who: 

• Fail to comply with these Terms and Conditions, the policies published by the Company on the Website, provided directly to the Provider, published on the Platform, in their user account, and/or any other regulations that may apply. 

• Do not provide the information, or if applicable, documentation necessary to verify their suitability as a Provider or to continue providing the Services of Provider, both in the registration process and during their time as a Member of the Platform; 

• Subsequent to the registration process, any modification or change in the conditions that initially allowed them to be admitted as a Member or registered certain Provider Services as available, or there are reasonable suspicions that unauthorized, fraudulent, or improper use of the Platform is being made. 

• There is a request and/or a police, judicial, or administrative order or any other type to that effect. 

• In cases of unforeseen security problems or any other incidents or technical problems that may pose a risk to Members, the Company, or third parties. 

• In cases of inclusion or contribution by the Provider of illicit content or that in any way violate what is provided in Clause 6.2. 

2. In any case, the Company reserves the right at all times to deny access or continued use of the Platform to the Provider. This denial will be substantiated by the Company when it is determined that there are valid grounds to consider that they do not meet any requirements established by the Company to be considered a Provider. The cancellation or suspension will be carried out at the sole discretion of the Company and will not give rise to any type of compensation.  

3. In order to ensure the quality of the services offered through the Platform, the Company may conduct continuous monitoring of the performance of the Provider Services published on it. Performance metrics will be calculated by product or individual listing, over rolling periods of ninety (90) consecutive days. Since each product is associated with a specific destination, the evaluation will be conducted independently for each of them. 

For monitoring purposes, the Company may consider, among others, the following indicators: 

• Maintain a cancellation rate by the Provider of less than five percent (5%) during a period of ninety (90) consecutive days, excluding from the calculation cancellations resulting from adverse weather conditions, force majeure, or requests made by the client themselves. 

• Attend to and respond to customer complaints or grievances within a maximum of forty-eight (48) hours from receipt. 

• Maintain sufficient active availability, understood as having at least one bookable date per week for each published product. 

4. The Company may temporarily or permanently deactivate a specific product and, in serious or repeated cases, suspend or cancel the Provider's Account when any of the following circumstances occur: 

• The cancellation by the Provider of more than ten percent (10%) of the total reservations during a period of ninety (90) consecutive days. 

• The cancellation of five (5) or more reservations within the forty-eight (48) hours prior to the activity during a period of ninety (90) consecutive days. 

• The receipt of three (3) or more complaints or incidents due to the lack of response from the Provider to customer communications within a period of ninety (90) consecutive days. 

• The Provider's non-appearance or failure to provide the contracted service to clients with valid reservations on three (3) or more occasions during a period of ninety (90) consecutive days. 

• The repeated maintenance of active availability below the minimums established by the Company. 

• The failure to meet the deadlines granted by the Company to rectify deficiencies or incidents detected in their quality control processes. 

Corrective measures will generally be applied to the specific affected product or service. The deactivation of a product in a specific destination will not necessarily imply the suspension or cancellation of other products or destinations operated by the same Provider, unless the Company considers that there is a serious, systematic, or repeated breach that justifies the adoption of additional measures. 

1. The consideration for the Service provided by the Company to the Provider will consist of a commission on the amount billed to the Client for each Provider Service, the percentage of which will be agreed between the Company and the Provider for each Provider Service.  

2. The right to receive this consideration will arise upon the issuance of any invoice issued by the Provider or by any third party on behalf of and/or for the account of the Provider, including the Company, that has as its object any Provider Services contracted through the Platform. 

3. The Provider will ensure that the rates published on the Platform for the same activity are consistent with the public rates offered by the Provider on its own channels, without prejudice to promotions, specific campaigns, loyalty programs, personalized discounts, or commercial agreements with third parties. 

4. The Provider will keep the information on prices and availability updated on the Platform. In case of material discrepancies or outdated information, the Company may require its correction and, if not remedied within a reasonable time, temporarily suspend the publication of the product. 

1. Except in cases of fraud or gross negligence on the part of the Company, it shall not be liable for any direct, indirect, or consequential damages of any kind that Members or a third party may suffer in any way due to the Service, including, without limitation, data loss, business interruption, lost profits, loss of income, loss of reputation, or loss of opportunity. In any case, the Company’s total accumulated liability to the Provider for any reason arising from these Terms and Conditions shall not exceed the total amount of commissions actually received by the Company from the Provider during the twelve (12) months immediately prior to the event giving rise to liability. 

• 2. The Company holds only a role of intermediation, so it cannot be and will not be in any case responsible for any breach or defective compliance with the Services of the Provider or for the obligations assumed by the Client, nor for any damage caused to the Provider by the Client or vice versa, nor for any damage caused to or by a third party, for any reason, as a result of the Services provided by the Providers or in connection with them. 
• 3. The Company is not liable for any damages arising from:  

• Interruptions, computer viruses, or failures caused by circumstances beyond the Company's control; 

• Delays or blockages in the use of the systems associated with the Website or the Platform caused by deficiencies or overloads in the Internet system or other electrical systems; 

• Any other alteration that may occur in the Software or Hardware of the Providers; 

• Viruses, malware, or other elements that may produce alterations in the computer system, documents, or files of the Provider; 

• Any misuse that the Provider may make of the Platform or the Service, as well as any other errors committed by them; 

• Illegal intrusions caused by third parties, which are outside the Company's control. 

• A misuse of the contents of the Website or the Platform, of the payment service provider Stripe or Trivity, nor for the consequences that may arise from errors, defects, or omissions in the contents that may appear provided by the Providers and/or Clients or other third parties. 

• The comments, assessments, and/or ratings made by the Client regarding the Provider's Service, as well as the comments, assessments, and/or ratings that the Provider may make about the Client; therefore, the Provider agrees to indemnify the Company for any claim that it may receive from any third party or administration arising from such facts.  

• The unavailability of any Service of the Platform regardless of the cause. 

• Any legal non-compliance or infringement of rights arising from the data or content of third parties that the Company transmits or stores, in its capacity as a provider of intermediation services in the information society.  

4. Without prejudice to the above, as soon as the Company becomes aware of the unlawfulness or infringing nature of the contents stored or transmitted through the Platform, the Company is obliged to immediately proceed to remove or block access to the unlawful contents or those that infringe third-party rights. In such case, the Company will immediately inform the affected Member or Members of the decision and the reasons for its adoption. 

5. The Provider exempts the Company from total responsibility, both for the selection criteria adopted and for not being included among the selected Providers or for not being selected as a Provider for the provision of the Services required by the Client. 

6. The Provider acknowledges and agrees that it has been expressly informed that the Company will intervene in the payment process of the Provider's Services contracted by the Client solely as a mere intermediary facilitating access to the payment services provided by Stripe, without intervening or being responsible, either directly or indirectly, in the relationship between Stripe or any other payment service provider and the Provider, so the Company is not responsible for any risks, damages, or expenses related to the provision of such payment services.  

7. The Company assumes no responsibility for the contents of links belonging to an external website, nor will it guarantee the technical availability, quality, truthfulness, and/or legality of any material or information contained in any of these hyperlinks or other Internet sites. The inclusion of these links shall not imply any type of association or participation with the connected entities. 

8. The liability of the Company shall be excluded for total or partial non-compliance with obligations when it is due to force majeure causes, understood as those unforeseen or unavoidable circumstances, beyond the will of the Company, that objectively prevent compliance. If a force majeure event prevents the Company from fulfilling its obligations for a period exceeding sixty (60) days, the Provider may terminate these Terms and Conditions by written notice with thirty (30) days' notice. By way of illustrative and not limiting example, the following shall be considered as force majeure cases:  

• acts, decrees, legislation, regulations or restrictions of any government or public authority; 

• strikes, lockouts, or other protest measures; 

• civil commotion, riot, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war;  

• fire, explosion, storm, flood, earthquake, sinking, epidemic, pandemic or any other natural disaster;  

• impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private; 

• impossibility of using public or private telecommunications systems. 

• impossibility of use or failure of technological services provided by third parties, including Stripe, that are necessary for the operation of the Platform or the Payment Services. 

9. The Company disclaims any responsibility in case a consumer or user, a public sector entity, and/or any persons or entities that do not meet the requirements established in these Terms and Conditions eventually make use of the Platform. 

10. The Provider must maintain in force, throughout the duration of the contractual relationship, a professional liability insurance with sufficient coverage to respond for damages that may arise from the provision of the Services of the Provider. Additionally, for those activities that, by their nature, involve a physical risk to participants (adventure activities, sports, water activities, or analogous activities), the Provider must have the specific insurance policies required by applicable regulations. 

11. The Company may require the Provider, at any time, to provide documentary evidence of the existence and validity of the required insurance coverages. The lack of accreditation within ten (10) business days from the request may lead to the suspension of the Provider’s Services on the Platform until such lack is remedied. 

1. The Company has established mechanisms for detecting and removing from the Website or the Platform any content that may be considered illegal, including but not limited to, content related to the undermining of personal rights, the violation of any intellectual property rights, defamatory activities, the security of the Services or Provider Services offered, engaging in unfair business practices, incitement to hatred, terrorism, as well as any other content that, while not considered illegal, is not suitable or appropriate for the Website or the Platform where it has been published. 

2. In the event that we become aware of the existence of illegal content, whether through court orders, administrative decisions, communications from the competent authorities, or specialized agencies, we will proceed to analyze the request and, if applicable, take immediate action to remove it. 

3. If you detect any form of illegal or inappropriate content on this Website or on the Platform, we kindly ask you to notify us, without undue delay, at the following address msanagustin@wecamp.net. We will promptly analyze the information or communication provided and, if necessary, take swift action to remove it. If deemed necessary, whether because the information provided indicates signs of or we have knowledge of the commission of any criminal or other offenses, we will inform the competent authorities. 

4. In any case, if we proceed to remove any illegal or inappropriate content from the Website or the Platform, we will inform the Member or the third party that hosted such information, who may oppose the Company's decision to remove the content. Members or third parties will have a period of fifteen (15) calendar days to exercise their right of opposition and submit their claims to the Company at the following email address msanagustin@wecamp.net. The Company, once their claims have been verified, will respond as soon as possible, indicating the decision made.  

1. You represent and warrant to the Company, as a Self-Employed Professional or on behalf of the Entity, that:  

• The Self-Employed Professional and/or the Entity is an existing legal entity duly registered, operating, and validly constituted under the legislation of the territory in which it is registered; 

• The Self-Employed Professional, you, and the Entity have sufficient capacity and authority to bind themselves under these Terms and Conditions and fulfill the obligations incurred under these Terms and Conditions; 

• Any information that the Self-Employed Professional, you, or the Entity have provided or made available to the Company is complete and truthful and will be updated promptly as necessary to ensure that it is accurate and complete at all times; 

• The Self-Employed Professional and/or the Entity has the professionals and material means necessary to carry out the Provider Services, and will comply with all obligations arising from the Particular Contract for the Provision of Provider Services that, if applicable, it signs with the Client. 

• The Self-Employed Professional and/or the Entity has all the necessary permits, authorizations, and enabling titles required to operate in the development of its activities, and will comply with all applicable legislation in the performance of all its obligations and exercise of its rights under these Terms and Conditions. 

• The Self-Employed Professional and/or the Entity is not subject to laws or regulations, normative provisions or judicial resolutions, or internal policies that prevent, restrict, or affect the Entity's ability to make offers, contract, provide the Provider Services, and fulfill the obligations arising therefrom through the Platform. 

• The Self-Employed Professional and/or the Entity complies and will comply at all times with all obligations applicable to them in labor matters, Social Security, workplace risk prevention, or similar in relation to the employees who are or will be involved in the provision of the Provider Services.  

• The Self-Employed Professional and/or the Entity complies and will comply at all times with the obligations applicable to them in tax matters in relation to the employees who are or will be involved in the provision of the Provider Services. 

2. The Self-Employed Professional and/or the Entity agrees to hold the Company, its directors, employees, agents, and technology providers (including Trivity) harmless against any claim, damage, cost, expense (including attorney's fees), or liability arising from the Entity's breach of these Terms and Conditions or applicable regulations. 

3. The Self-Employed Professional and/or the Entity agrees to indemnify the Company for any claim, sanction, damage, or harm that arises due to or is a consequence of the Self-Employed Professional and/or the Entity's breach, falsification, or inaccuracy of any obligations and/or representations and warranties made in these Terms and Conditions, including, without limitation, any claim arising from the provision of Provider Services to Clients. 

1. The contractual relationship between the Provider and the Company has an indefinite duration from its registration as a Member. 

2. The Provider may unsubscribe at any time through the Platform. Upon unsubscribing, (i) the Freelancer and/or the Entity will cease to be considered a Provider, (ii) access to the Service and to their Account will be deactivated, (iii) the Payment Services Contract will be automatically terminated, and (iv) the contractual relationship derived from these Terms and Conditions will cease to have effects (except with respect to those Clauses that can be inferred to produce effects even after the contract termination).  

3. Notwithstanding the above, the Provider's unsubscription will not exempt them from the obligations that may have accrued or were enforceable prior to the effective date of unsubscription, including the payment of any pending fees and the termination of the Services provided by Clients before that date. 

4. The Company may terminate or suspend the Provider's Service in cases where these Terms and Conditions are breached by the Provider. In such cases, the Company may choose between (i) providing a period of fifteen (15) days to remedy such breach or (ii) proceeding to the automatic termination of the Service provided with notification to the Provider via email, without prejudice to recovering damages caused by the Provider, as well as initiating any claims it deems appropriate in the corresponding jurisdiction.  

5. By way of example and not limitation, breaches of these Terms and Conditions will include the behaviors described below: 

• Failure by the Provider to pay for the Service provided by the Company. 

• The Provider ceasing to meet the requirements for registering and using the Service.  

• The Provider’s breach of any of the representations and warranties made in these Terms and Conditions. 

• The Provider's failure to notify the Company of the loss of the conditions that enable them to hold the status of Member. 

• The use of false documents or -in any case- documents not corresponding to the Provider at the time of registering as a Member or updating the required documentation. 

• Facilitating access to the Access Elements or the use of the Account to any other person.  

• Diverting any Provider Service requested by the Client through the Platform to other channels different from the Platform itself. 

• Failure to pay any charges that may arise from application at any time by the Company in the context of using the Platform.  

• Inappropriate or fraudulent use of the Platform or any actions that infringe upon the intellectual property rights that belong to the Company, Trivity, or the Providers. 

• Using the Platform for purposes not permitted by the applicable rules or laws or by these Terms and Conditions. 

• If applicable, any breach of the Terms and Conditions. 

13. INTELLECTUAL AND INDUSTRIAL PROPERTY 

1. The Platform integrates elements of intellectual and industrial property belonging to different holders. In particular:  

• the intellectual and industrial property rights over Trivity's software and the associated Services, including any improvements, updates, or modified versions (but excluding third-party content and the Provider's data), are and will remain at all times the exclusive property of Trivity. The Company uses Trivity's software under a limited, revocable, non-transferable, and non-exclusive license granted by Trivity, thus holding no ownership over Trivity's software nor the ability to sublicense Trivity's intellectual property rights to the Provider beyond the right of access and use of the Platform in accordance with these Terms and Conditions 

• the intellectual and industrial property rights over the WeCamp brand, editorial content, the graphic design of the Website, the databases generated by the operation of the Platform, and any other elements distinct from Trivity's software and third-party content are the exclusive property of the Company. 

2. The Provider shall refrain from registering in its name or through a third party any work of intellectual property, patents, trademarks, and other distinctive signs related to the Platform, Trivity's software, or the WeCamp brand. 

3. The Provider's access to the Platform does not constitute an assignment or sublicense of the Company's or Trivity's intellectual property rights. The Provider will only have a limited, non-exclusive, non-transferable, and revocable right of access and use of the Platform, strictly confined to the purposes set forth in these Terms and Conditions and during their validity. In particular, the Provider agrees not to: 

• copy, alter, modify, decompile, disassemble, reverse engineer, sublicense, or modify any element that supports the technological infrastructure or Trivity's software, or the Platform; 

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• sell, assign, lease, distribute, or commercially exploit in any other way the technological infrastructure or Trivity's software, the Services, or the Platform, nor make them available to third parties other than those contemplated in these Terms and Conditions; 

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• develop a competing product or service, or use ideas, features, functions, or graphic elements similar to those of the technological infrastructure or Trivity's software or the Platform; 

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• access or attempt to access the source code of Trivity's software, except as expressly provided in these Terms and Conditions; 

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• create Internet links to or from Trivity's software, or frame or replicate any content that is part of the Platform or Trivity's software, except for internal use within the scope of the Provider's Services; nor 

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• perform any other act of reproduction, distribution, public communication, or other forms of making available, transformation, and, in general, any other form of exploitation of any contents, information, materials, or software components owned by the Company, by Trivity, or by third parties, to which the Provider may access through the Platform, either in whole or in part, unless expressly authorized in writing by the holder of those elements. 

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4. The Provider grants the Company a non-exclusive, non-transferable, and free license to use the Provider's logos, trademarks, or other distinctive signs within the operation of the Platform, for a global territorial scope and to the extent necessary to execute what is established in these Terms and Conditions, as well as for the performance of any act of reproduction, distribution, public communication on the Platform or in any other medium, intended for the promotion of the Platform. In the event that the Company requests it, the Provider shall be obligated to guarantee to the Company by presenting appropriate documentation that it holds a valid title of ownership or use over all its trademarks, logos, or other distinctive signs. 

5. Without prejudice to the above, the Provider expressly recognizes and accepts that: 

• the Provider uses the Platform and Trivity's software at its own risk, being solely responsible for determining whether the Platform meets its needs; 

• Trivity may, at its discretion, publish modifications or updates to Trivity's software that modify or improve the Platform without prior knowledge or consent from the Provider, and that Trivity's software may contain errors that cannot always be corrected; 

• the Company is not responsible for any statements or guarantees made by third parties regarding Trivity's software, the Platform, or third-party content; 

• the Provider must use all reasonable means to prevent any infringement of Trivity's intellectual property rights over Trivity's software, and immediately notify the Company in writing of any infringement it becomes aware of; 

• the Company does not provide any guarantee regarding the ownership of Trivity's intellectual property rights over Trivity's software, with Trivity being the sole responsible party for the defense and maintenance of such rights; and 

• the termination of the relationship between the Company and Trivity or the discontinuation of Trivity's software will not generate any right of the Provider to compensation from the Company, without prejudice to the right of the Provider to terminate these Terms and Conditions in such case as provided in Clause 12.

1. The Company and the Provider acknowledge the confidential nature of all information, documents, data, or materials, of any nature, form, or medium, related both to the Company and to any of the Members, as well as any type of sensitive information or trade or industrial secrets, technical or market knowledge, or business strategies, without limitation, to which they have access as a result of the provision of the Service and/or the use of the Platform (the “Confidential Information”) and commit to treat any Confidential Information obtained through the use of the Platform or as a consequence thereof as strictly confidential, and not to disclose or use it for their own benefit or that of third parties, directly or indirectly, as well as to prevent any unauthorized use of the same, not to duplicate or distribute it and not to disclose it to third parties for any reason. 

2. Notwithstanding the foregoing, the Provider irrevocably authorizes the Company to transmit the Confidential Information relating to the Provider that is strictly necessary to: (i) any Clients to facilitate the contracting of the Provider's Services, and (ii) Trivity and Stripe, to the extent necessary for the provision of the Auxiliary Services and the proper functioning of the Platform; excluding in all cases information that constitutes a business secret according to Law 1/2019, on Business Secrets.

1. The Provider is informed that all personal data provided to the Company under these Terms and Conditions, as well as those that may be generated by the use of the Service, will be processed by the Company for the purpose of executing and managing this contractual relationship and, where appropriate, to comply with the applicable legal obligations. The legal basis for such processing is the execution of the contractual relationship signed by the Parties and compliance with the corresponding legal obligations. 

2. Likewise, the Provider is informed that their data may be transferred, among others, to collaborating entities of the Company within the framework of these Terms and Conditions, or to public administration bodies and competent courts, applying the legitimacy bases mentioned above. In this regard, the Provider's data may be subject to international transfer to Stripe Payments Australia Pty Ltd (Australia) for the provision of Payment Services and delegated billing. Such transfers will be carried out under the appropriate safeguards provided for in Article 46 of Regulation (EU) 2016/679 (GDPR), in particular through the signing of the Standard Contractual Clauses approved by the European Commission (Implementing Decision 2021/914). The Provider may request a copy of the safeguards adopted by contacting privacy@wecamp.net. Notwithstanding the above, the Provider's data shall not be transferred to any third party other than those established in this section, unless expressly required by any applicable regulation.  

3. The Provider's data will be processed by the Company for as long as the contractual relationship regulated here lasts, and will only be retained afterwards to address potential liabilities that may arise from these Terms and Conditions, for the limitation periods of such liabilities, as provided for in the applicable legislation at any given time. 

4. The Provider may exercise their rights of access, rectification, deletion, opposition, restriction of processing, or portability, by sending a written request by postal mail to the Company's address at Avda. Diagonal 640, 5º E, 08017, Barcelona, to the attention of the data protection officer, or to the following email address privacy@wecamp.net. 

5. The Provider is informed of their right to file a complaint with the Spanish Data Protection Agency, C/ Jorge Juan, 6, 28001 Madrid, Spain- info@agpd.es, in case any of their rights are violated. 

6. For more information regarding the Company's Privacy Policy, please visit the following link Privacy Policy.   

7. Additionally, the Company's Cookie Policy is detailed in the following link Cookie Policy.  

1. The Provider knows and understands the content and scope of each and every provision that makes up the body of these Terms and Conditions, and expressly submits to the conditions thereof. The waiver by either party of the right to enforce any provision of these Terms and Conditions shall not constitute a waiver of the right to enforce such provision in the future. 

2. If any provision of these Terms and Conditions is declared null, invalid, or unenforceable by a competent court, such nullity, invalidity, or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect. In such case, the parties shall negotiate in good faith to replace the affected provision with another valid provision that reflects, to the extent possible, the economic and legal intention of the original provision. 

1. The Company reserves the right to modify, in any legally permissible manner, these Terms and Conditions at any time, and in such case, the modified Terms and Conditions will be communicated to the Providers via email and published on the Platform at least sixty (60) days prior to their entry into force. Continued use of the Platform Services after the expiration of said sixty (60) day period will be considered as the Provider's acceptance of such modifications or changes. 

2. However, the Company reserves the right to make changes to the Terms and Conditions that become effective immediately when any of the following circumstances occur: (i) when necessary due to legal or security requirements; (ii) when resulting from any variation or technical adjustment in the Platform; or (iii) when the change corresponds to the removal or modification of elements that in the Company's opinion do not allow for the preservation of security or are illegal, offensive, inappropriate, or discriminatory. 

These Terms and Conditions do not create and shall not be interpreted as constitutive of a labor relationship, agency, partnership, joint venture, or franchise between the Company and the Provider. Each party acts as an independent contractor, being solely responsible for its tax, labor, and social security obligations regarding its personnel. Neither party shall have the authority to bind, obligate, or represent the other before third parties. 

1. The present Terms and Conditions shall be governed in all respects by Spanish law. 

2. The parties, with express waiver of any other jurisdiction that may correspond to them by law, expressly submit to the jurisdiction and exclusive competence of the Judges and Courts of the city of Barcelona (Spain), without prejudice to the possibility of resorting to a mediation procedure in accordance with Law 5/2012, of July 6, on mediation in civil and commercial matters. Likewise, the Provider may resort to the mediation mechanism provided for in Article 12 of Regulation (EU) 2019/1150.