Terms and Conditions
WellDesk (welldesk.ai)
These Terms and Conditions ("Terms") govern your access to and use of the WellDesk platform. Please read them carefully before creating an account or making a booking.
1. Who We Are and What These Terms Cover
WellDesk (welldesk.ai) is an online booking platform operated by us ("WellDesk", "we", "us", "our"), a sole trader (autónomo) registered in Spain.
- Contact: [email protected]
These Terms apply to every person ("you", "customer", "user") who creates an account on welldesk.ai or uses the platform to discover, book, or pay for appointments and services offered by independent businesses registered on the platform ("Shops").
By creating an account or completing a booking you confirm that you have read, understood, and agree to these Terms in full. These Terms should be read alongside our Privacy Policy, Cookie Policy, and Legal Notice, each of which forms part of the agreement between you and WellDesk.
2. The Platform and Our Role
2.1 What WellDesk is
WellDesk is a technology intermediary and marketplace. We provide the software infrastructure that enables customers to find Shops, view their services and availability, make bookings, and pay online.
2.2 What WellDesk is not
WellDesk is not a party to the service contract concluded between you and a Shop. When you complete a booking, a contract for the provision of that service (e.g. a haircut, massage, class, or any other appointment) is formed directly between you and the Shop. WellDesk is not the provider of those services.
Accordingly, WellDesk is not responsible for:
- The quality, safety, fitness for purpose, or outcome of any service provided by a Shop;
- A Shop's cancellation, rescheduling, or no-show policies;
- The pricing of services, which is set exclusively by the Shop;
- Any failure by a Shop to honour a booking, provide the service, or issue a refund under its own policy.
2.3 WellDesk's actual role
WellDesk's obligations are limited to:
- Operating and maintaining the booking platform;
- Facilitating payment between you and the Shop via Stripe;
- Providing customer support in relation to platform-level issues.
3. Eligibility and Accounts
3.1 Age requirement
To create an account you must be at least 14 years old. Users aged 14–17 must have the prior consent of a parent or legal guardian, in accordance with Article 7 of Spain's Organic Law 3/2018 on Data Protection and Guarantee of Digital Rights (LOPDGDD). By creating an account, users aged 14–17 confirm that parental or guardian consent has been obtained. Children under 14 may not use the platform.
3.2 One account per person
You may hold only one account. Creating duplicate or fictitious accounts is prohibited.
3.3 Accurate information
You must provide accurate, current, and complete information when registering and keep it up to date. False or misleading information may result in account suspension.
3.4 Account security
You are responsible for keeping your login credentials confidential and for all activity that takes place under your account. Notify us immediately at [email protected] if you suspect unauthorised access.
3.5 Account by individuals only
Accounts are personal and non-transferable. You may not allow any other person to use your account.
4. Making Bookings
4.1 How the booking process works
When you select a service, choose a time slot, and confirm a booking through the platform, you are sending a booking request to the relevant Shop. A binding contract between you and the Shop is formed upon confirmation of the booking (either automatically or by the Shop, depending on its settings).
4.2 Your responsibilities as a customer
By completing a booking you agree to:
- Attend the appointment at the scheduled date and time, or cancel in accordance with the Shop's cancellation policy;
- Read and comply with the Shop's specific terms, cancellation policy, and any preparation requirements displayed on its profile page before booking;
- Treat Shop staff and premises with respect.
4.3 Accuracy of booking details
You are responsible for ensuring that the booking details you submit (date, time, service, any relevant personal information required by the Shop) are correct. WellDesk is not liable for losses arising from errors in the information you provide.
4.4 No guarantee of availability
Displaying a time slot on the platform does not constitute a guaranteed reservation until the booking is confirmed. WellDesk does not guarantee the availability of any Shop or service.
5. Payments
5.1 Payment processor
All payments are processed through Stripe (Stripe Connect), a third-party payment service provider. By making a payment through the platform you also agree to Stripe's own terms of service and privacy policy. WellDesk does not store your full card details.
5.2 Currency
All transactions on the platform are conducted in Euro (EUR).
5.3 Pricing
Service prices are set solely by the Shop and displayed on the platform at the time of booking. WellDesk does not set, control, or guarantee prices.
5.4 Payment timing
Payment may be taken at the time of booking or at the time of the appointment, depending on the Shop's configuration. The applicable payment terms will be displayed before you confirm your booking.
5.5 Platform facilitation fee
WellDesk may apply a platform service fee to facilitate the transaction. Any such fee will be disclosed to you clearly before you confirm payment.
6. Cancellations, No-shows and Refunds
6.1 Shop cancellation and refund policies
Cancellation and refund rights for individual bookings are governed by the policy of the relevant Shop, which is displayed on the Shop's profile page. WellDesk is not the merchant of the underlying service and does not set or control Shop refund policies.
6.2 WellDesk's facilitation role
Where a refund is due under a Shop's policy, WellDesk will use reasonable efforts to facilitate the return of funds to your original payment method via Stripe. Processing times depend on Stripe and your card issuer.
6.3 Consumer statutory rights
Nothing in these Terms excludes or limits any cancellation or refund rights you may have under mandatory Spanish consumer protection law, including Real Decreto Legislativo 1/2007 (the consolidated Consumer and User Protection Act) or applicable EU law.
6.4 No-shows
If you fail to attend a booking without cancelling in accordance with the Shop's policy, the Shop may charge a no-show fee in accordance with its terms. You will be informed of any such fee before completing your booking.
7. Acceptable Use
You agree not to use the platform to:
- Make false, speculative, or fraudulent bookings;
- Harass, threaten, or defame any Shop, its staff, or other users;
- Impersonate any person or entity or misrepresent your affiliation with any person or entity;
- Scrape, crawl, or systematically extract data from the platform by automated means without our prior written consent;
- Circumvent or attempt to circumvent any security or access controls on the platform;
- Upload or transmit any content that is unlawful, defamatory, obscene, or infringes a third party's intellectual property rights;
- Use the platform for any purpose that violates applicable Spanish or EU law.
WellDesk reserves the right to remove any content and/or suspend accounts that violate these rules.
8. Account Suspension and Termination
8.1 Termination by you
You may close your account at any time by contacting us at [email protected] or using the account deletion option in your profile settings. Closing your account does not affect any bookings already confirmed or payments already processed.
8.2 Suspension or termination by WellDesk
We may suspend or terminate your account, with or without prior notice, if:
- You materially breach these Terms and (where the breach is capable of remedy) fail to remedy it within 7 days of a written notice from us;
- We reasonably believe your account has been involved in fraud or unlawful activity;
- We are required to do so by law or a competent authority.
8.3 Effect of termination
On termination, your right to access the platform ceases. Any bookings confirmed before termination remain subject to the applicable Shop policy.
8.4 Consumer rights on termination
Where you qualify as a consumer under Spanish law, your statutory rights in connection with contracts already formed with Shops are not affected by the termination of your WellDesk account.
9. Intellectual Property
All intellectual property rights in the WellDesk platform, including but not limited to software, design, logos, trademarks, text, and databases, are owned by or licensed to WellDesk. Nothing in these Terms grants you any right or licence to use WellDesk's intellectual property other than as strictly necessary to use the platform for its intended purpose.
You may not reproduce, copy, distribute, modify, or create derivative works of any part of the platform without our prior written consent.
10. Disclaimers and Limitation of Liability
10.1 Platform provided "as is"
The platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, WellDesk makes no warranties, express or implied, regarding the platform's availability, accuracy, fitness for a particular purpose, or freedom from errors or viruses.
10.2 WellDesk not liable for Shop services
As an intermediary, WellDesk is not liable for any act or omission of a Shop, including the cancellation of an appointment, the quality or safety of a service, or any personal injury, loss, or damage suffered in connection with a service provided by a Shop.
10.3 Indirect losses
To the fullest extent permitted by applicable law, WellDesk is not liable for any indirect, consequential, incidental, or special losses arising from your use of the platform.
10.4 Mandatory consumer protections not excluded
Nothing in these Terms limits or excludes any liability that cannot be excluded or limited under mandatory Spanish consumer protection law (Real Decreto Legislativo 1/2007) or applicable EU law, including liability for death or personal injury caused by our negligence, or for fraud.
Where you are a consumer, your statutory rights are not affected.
11. Personal Data
We process your personal data in accordance with our Privacy Policy, which explains what data we collect, how we use it, your rights under the General Data Protection Regulation (GDPR) and LOPDGDD, and how to exercise those rights. Please read the Privacy Policy carefully. We also use cookies as described in our Cookie Policy.
12. Consumer Rights and Dispute Resolution
12.1 Spanish consumer law
Where you are a consumer resident in Spain, you have rights under Real Decreto Legislativo 1/2007 (consolidated Consumer and User Protection Act) and other applicable Spanish and EU legislation. Nothing in these Terms affects those rights.
12.2 Complaints
If you have a complaint about the platform or a booking, please contact us first at [email protected]. We will make every effort to resolve the issue promptly.
12.3 EU Online Dispute Resolution
If we are unable to resolve a dispute, and you are a consumer in the EU, you may use the European Commission's Online Dispute Resolution (ODR) platform at:
https://ec.europa.eu/consumers/odr
12.4 Competent authorities
You also have the right to lodge a complaint with the relevant Spanish consumer authority (Organismo de Consumo) in your autonomous community or municipality.
13. Changes to These Terms
WellDesk may update these Terms from time to time to reflect changes in the law, our services, or our business practices. We will notify you of material changes by email or via a prominent notice on the platform at least 30 days before the changes take effect. Continued use of the platform after that date constitutes acceptance of the revised Terms. If you do not accept the changes, you may close your account before the changes take effect.
14. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Spain.
For users who are consumers resident in Spain, any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of the consumer's domicile in Spain, as mandated by applicable Spanish consumer law.
For users who are not consumers, any disputes shall be subject to the exclusive jurisdiction of the competent courts of Spain.
15. Contact
For any questions, complaints, or requests relating to these Terms or the platform:
- Email: [email protected]
- Operator: WellDesk
We also maintain a Legal Notice (Aviso Legal) on the platform as required by Spanish law (Ley 34/2002, LSSI-CE).