These Terms and Conditions («T&C») are an integral part of the Independent Services Contracts, hereinafter (the «Contract») which constitutes a legal and legitimate agreement of wills between an independent person aimed at providing operational execution services and / or marketing service of products and / or services by specific work (the “User» or the «Service Provider») and Section B Services, SAPI de C.V., being a Variable Capital Investment Promotion Company, incorporated in the United Mexican States, (“Zubale” or the “Client”).
Zubale offers operational execution services and product marketing services to capture clients («Brands») for independent providers who wish to perform these services. The Zubale Services allow the User (once he has the authorization of Zubale) to carry out activities of promotion and demonstration of products, assembly of e-commerce orders, delivery of orders at home, product demonstration and other activities or tasks. of execution, specific, that will be informed and authorized through the Zubale application.
By using the Zubale application or Platform (as said term is defined below), the User expresses his will to enter into this document and the respective Agreement, with the purpose of accessing and using the Zubale Services. The User acknowledges and accepts that Zubale acts as a provider and / or platform of technological services that does not offer promotional services and other activities at the point of sale.With the use of the Platform, the User and Zubale will be constrained by the Terms and Conditions established in this document, the contracts that they conclude and their modifications, accessions or annexes, where appropriate, together with these T&C, will form a single document for all purposes.
Definitions
Activity or Service or Task: Services that Zubale will publish on its Platform and that are required by the Brands for their physical execution in the commercial establishments that are determined.
Application: Computer program created to carry out or facilitate a task on a computer device.
Ban: Expulsion and / or blocking of the Zubale platform for violating provisions of these Terms and Conditions.
Contract: Document signed by the User and Zubale in order to formalize the relationship for the proper provision of the service.
Zubale Credits: are the points that the User obtains for completing a task, which can be redeemed on the Zubale Platform for other goods or in cash, that will be transmitted electronically. Each Zubale Credit means one point, which is equivalent to $1.00 (one National Currency.).
GPS: “Global Positioning System”, a system that allows determining the position of any object or device.
ID: User Identification, means the personal account created by each User that accredits the registration in the Platform, based on the information provided by the same User to Zubale, which includes their general data; including, your name, surname, date of birth, address, telephone, username, email and password, as well as any other information that Zubale requires.
Brands: They are the commercial, business partners and may consist of producers, distributors, manufacturers, or commercial establishments.
T&C: Terms and Conditions, Terms of Use or Agreement means these Terms and Conditions of Zubale.
Platform: Means the website, mobile applications, mailing, Zubale channel with a phone number on WhatsApp and any other means that Zubale establishes and is operated by Zubale for the access of the Users and the interaction for the operational execution of the services.
User(s) and/or Zubalero: Means any User who, once their registration process on the Platform is completed, formalizes their independent service provision with Zubale for the performance of Activities / Services / Tasks that are requested by the Marks or Merchants and that may be carried out through any of the established figures for this and that are mentioned in these Terms and Conditions.
Zubale: means Section B Servicios, S.A.P.I. de C.V., its affiliates or subsidiaries.
Use of the Zubale Services
Zubale will send a Zubale ID to the User, so that they can access the Application and / or the Platform and use it on a device in accordance with this document. The User will be liable and responsible for maintaining the confidentiality of their ID and will not share such identification with any third party. The User must notify Zubale of any infraction, possible misuse or disclosure of their ID.
Zubale will publish through different technological platforms (these may be web pages, mobile applications, owned by Zubale or third parties), the tools, activities to execute any operational service and / or product marketing to be carried out by the interested User. Zubale’s publications will contain information on the activities to be carried out, the steps, rules, processes, important information, recommendations and limitations, and if specified, they will form part of the Contract concluded by Zubale and the User and will be subject to these Terms and Conditions. The User, as an independent contractor, acknowledges and accepts that he is liable for determining the effective, efficient and safe way to carry out each activity. Likewise, the User must have the appropriate means to carry out the activities, assuming the expenses corresponding to the chosen activity.
The User recognize and accepts that, each time their published activity in the Zubale application is completed, the Platform may provide the information sent by the User to the Brands, including without limitation, photos, comments, including the GPS positioning of the device, and other information that may be relevant and / or required and / or that has been collected during the course of the activity.
The User accepts that he will have the sole responsibility to take the precautions that are necessary for the development of the activities or tasks, as well as to comply with any requirement of any applicable legislation. Also, the User agrees to be liable for following the security and product handling measures indicated by the business establishment where the User develops the services.
User relationship with Zubale
The User, when requesting Zubale his ID and / or access to the application, expresses his will to establish a legal relationship with Zubale. Zubale does not manage or control, nor will, the User, in general, nor shall it be considered that it must do so for the provision of its services in accordance with these T&C, including in relation to the performance of the User’s professional or commercial activity, as well as the provision of operational and/or marketing services. As it is a service whose term ends with its completion, for each activity carried out, it is understood that the provision of services will have ended.
The User may not display names, logos or colors of Zubale or any of its Affiliates on clothing or on any accessories that they carry with them without prior written authorization. It is excluded from said authorization in the event that Zubale has previously authorized it. The foregoing will not apply if the User and Zubale agree otherwise or if the current legislation requires it. The user understands that he retains the full right to participate in any other occupation or commercial activity.
The User recognize and accepts that they may carry out their own business and complete discretion, including the ability to provide services at any time separately and independently to the individual or company that they wish and in complete independence of the marketing of product. In the event of non-compliance with these T&C and/or any document executed with Zubale or in the event of damage to the Brand, reputation or commercial activity of Zubale or its Affiliates, Zubale retains the right at any time, in its sole discretion, to suspend, cancel, terminate or even deactivate («ban») or otherwise restrict access or use of Zubale platforms or applications to the User.
The parties expressly agree that these T&C and other documents that may execute, are made at the will of each of the parties and exclusively as independent contractors. The parties expressly agree that these T&C and the Contract do not represent any employment relationship, nor can it be interpreted as generating an employer-employee relationship (from the perspective of labor law, tax law or social security law and those that are considered applicable) between Zubale or the Brands or commercial establishments and the User; there will also be no joint venture, trade association or agent relationship between Zubale and the User.
Grading / Ratings
At the conclusion of any activity, the User agrees that Zubale, directly or through the Brands, grade the service performed.
Users will be required to maintain a minimum grade that corresponds to the average for each task or service, and Zubale may vary said minimum grade required at any time. The User who fails to maintain the required minimum grade will not be able to access the platform and/or perform tasks or services.
The ratings or evaluations seek the quality offered by Zubale and the Platform for each task to be performed, so they will reflect the satisfaction of the Brands with respect to the services performed by the User.
In the event that the User has a minimum rating lower than that required by Zubale under these T&C, Zubale will notify the User of said situation and may grant a period to be determined by Zubale to increase its assessment. In the event that the User fails to increase their assessment within the period set by Zubale, the Platform will have the right to deactivate access to the application and/or Zubale services. The User agrees that Zubale shares, uses or displays the evaluations to which the User has been credited, which may also be held by the Brands, distributors, affiliates or any other person who has an interest in the Platform. Zubale acts for these purposes as the link Platform and not as an editor of the ratings that each User may have in the application.
User, ID, Device and Geolocation
It is essential that the User use telephone devices owned by him, which will be at the expense of the User, who is responsible for its correct use and maintenance, safeguard, payment of the corresponding data plan or any expense incurred by the User.
The User may download the Zubale application and by virtue of this, Zubale will grant him a non-exclusive and non-transferable personal license to install, run and use the Zubale application; license that will always be subject to revocation by Zubale.
The User may not misuse the application; also may not offer or distribute it to third parties. The User will have their ID which will be personal and non-transferable.
The User must provide Zubale with their geolocation information when executing tasks or services, Zubale may obtain the User’s geolocation information while the application is running. Similarly, the approximate location of the User may be shared and/or shown to the Brand. In addition, Zubale and its Affiliates will be able to control the User’s geolocation information obtained through the application and the device, track it and share it with third parties, for security, technical, marketing and commercial purposes, including provision and improvement of its products and services.
Photographic Reports
The User, in accordance with the description of the tasks and/or services to be executed, must send Zubale through the application, the Platform or the means designated in the description of the tasks, photographs, reports or evidence of the activity performed as requirement to successfully complete the tasks and/or services.
It will be required for the user to: (i) only use the camera available within the Zubale application and not its own camera or third-party camera application itself; and (ii) that the photos obtained through the Zubale application camera contain geolocation information and the time the photo was taken. The User recognized and accepts that this information may be sent to the Brands for validation of the activity and that it may also be used by Zubale to assess compliance or non-compliance with the indications corresponding to the carried out activity.
User Requirements
The User recognize and accepts that, of the carried our activities, they must, at all times:
i. Be of legal age, in full use of their legal powers and abilities. The user may not be over 65 years of age, derived from the activities that will be carried out for Zubale.
ii. Carry a valid official photo identification.
iii. Be registered in the Federal Taxpayers Registry, in the Tax Incorporation Regime (RIF), or whatever regime Zubale requires; the User must issue the invoices or Digital Tax Receipts (CFDI) in compliance with current legislation.
iv. The User must notify Zubale of any change they make in their tax regime before the Tax Administration Service (SAT).
v. May be subject to certain criminal background checks in order to meet the requirements to provide Zubale services.
vi. Have its own materials and tools according to the activities to be carried out and comply with all applicable regulations.
vii. Carry out the contracted activities according to their experience and expertise in those of operational execution and/or product marketing services, with due skill, attention, concentration and diligence. The User recognize and accepts that they may be subject to verification of the services performed.
viii. The User must inform Zubale in a timely manner of any illness that may arise, since the situation must be evaluated and the appropriate measures must be taken to safeguard the User’s own health and his / her environment.
ix. Meet the needs and requirements of each task.
The User recognize and accepts that Zubale will not be responsible for the fulfillment or not of the obligations that derive from social security, tax, legal or any other nature, so it will be the User who at all times must be inform and keep updated for the correct fulfillment of those obligations.
Zubale reserves the right, at any time and in its sole discretion, to deactivate or otherwise restrict access by the User to the Zubale application if the User fails to comply with the requirements established in these T&C.
Other Obligations of the User
In addition to those obligations that are indicated in these T&C, in the Service Contract, its Annexes and the indications of each Task, the User must at all times.
a. Abstain from consuming any type of narcotic, psychotropic, illegal drugs, alcohol or any substance that could alter the functioning of the nervous system or affect motor skills or expertise in carrying out the activities.
b. Derived from the nature of the activities, the User must inform Zubale in case of presenting any type of illness that puts the safety of the User or that of the people around him / her at risk. Within this type of disease or physical condition, the following are mentioned but not limited to: organic heart disease, epilepsy, meniere syndrome, vertigo, Parkinson’s disease, psychopathy, hysteria, dementia, addictions to psychotropic drugs, or infectious diseases that are spread by air or by droplets.
In his case, Zubale will evaluate the situation and will respond to the User about the possibility or impossibility to carry out any or some activities; in the event that any User presents any of the diseases or conditions mentioned in the previous paragraph and does not inform Zubale in writing, Zubale will have the possibility, at its discretion, to ban and even cancel the User’s account, as well as terminate any contract or document that they would have held, without responsibility for Zubale, since it will be understood as a false statement in accordance with what is established here.
Documentation
Users must present documentation to prove their personality, such as:
i. Photo of your official identification and other permits, authorizations, powers, records and certifications that Zubale requires.
ii. Zubale may issue in favor of the User a document that identifies him as a User of the Platform, and may be in writing, in the form of a card or credential, or a digital credential. Said document will be solely for the purpose of the User identifying himself as a User of the Platform and at no time may he be interpreted or accredited as a worker or collaborator of Zubale or of any Brand.
User Modalities:
In general, users are referred to as indicated in the definitions chapter of these Terms and Conditions, who may carry out the activities that are published by Zubale on the Platform; however, the User accepts that once the relationship with Zubale has been formalized to carry out some activity (s), will be carried out under one of the following schemes and/or modalities:
1. «VIP Promoter» under this modality, the User, on its own account and means, will carry out activities in commercial establishments and will be focused on extracting products from the Brands of the storage room in which they are located, will perform cleaning of shelves and front of products, update prices, report out-of-stock products and will review validities, among other product promotion activities.
2. «Promoter» under this modality, the User, on its own account and means, will carry out activities in commercial establishments and will be focused on extracting products from the Brands of the storage room in which they are located, will perform cleaning of shelves and front of products, update prices, report out-of-stock products and will review validities, among other product promotion activities.
3. «Store Auditor» under this modality, the User, on its own account and means, is the one who will choose activities focused on auditing customer service processes in commercial establishments, which may be simulating a purchase and adhering to what is established in the publication of the activity itself, among other product promotion activities.
4. «Picker» under this modality, the User, on its own account and means, will be the one who chooses activities focused on the selection of products on a purchase order, will manage that sold-out product looking for substitutes, invoice the products and deposit them for delivery.
5. «Shopper» under this modality, the User, on its own account and means, will be the one who chooses activities focused on the selection of products on a purchase order, will manage that out-of-stock product looking for substitutes, invoice the products and may even be required within the activity that transports the products to some address or place.
6. “Delivery” under this modality, the User, on its own account and means, must collect the products and transport them to a specific address or place.
7. «Store Leader» under this modality, the User, on its own account and means, will independently carry out the Tasks that focus on guiding «Picker», “Shopper” or «Delivery» Users, they must keep in communication with the personnel of the commercial establishment, among others.
8. “Zone Coordinator” under this modality, the User, on its own account and means, will independently carry out those activities that focus on maintaining a relationship and communication with the managers of the commercial establishment, ensuring that said establishments have the attention of a “Store Leader”, will solve doubts and give support to the latter as well as report general activities.
9. «Demonstrator» under this modality, the User, on its own account and means, will independently carry out the activities that are published on the Platform and that focus on publicizing a product or service in commercial establishments, encouraging their purchase.
For each of the User modalities already mentioned, Zubale will establish the requirements or needs of the activities that will be enabled for each one and it will always be the responsibility of the User to comply with said requirements or needs, otherwise Zubale may «ban», cancel or suspend the User without any responsibility for Zubale.
Any of the «Users» modalities, must comply with any administrative requirement that is requested by Zubale, present identifications, documents as well as the execution of the contract or any other document that Zubale requires.
Rewards
At the end of a activity/service/task, if it meets the requirements or needs established for its execution, the User will receive the corresponding profit as «Zubale Credits» directly to his User account.
The User may also occasionally receive additional earnings by participating in promotions notified by Zubale through their account on social networks, messaging services such as «Whatsapp» or «push notifications», inaps and / or other notifications within the application and/or the platform.
Before accepting each activity, the User must review the number of «Zubale Credits» that he / she will receive upon successful completion. Said «Zubale Credits» will be available in the User’s account for three (3) months. Subsequently, the credits will expire and cannot be reactivated.
The «Zubale Credits» can be exchanged within the application for gift vouchers or through an electronic transfer of funds to the financial institution indicated by the User.
A Zubale credit will be the equivalent of $1.00 (one peso), legal tender in the Mexican Republic.
From the moment the user executes the task, it will be informed if the reward will have the option of cash exchange and, if so, the User must indicate at that moment the reward option he will choose.
The rewards for each activity / service / task that are published by the Platform, in all cases will include the corresponding value added tax (VAT).
Rewards Transfers to Bank Accounts
The transfer of funds is an option to exchange the Zubale Credits for money that will be transferred to the bank account that the User previously registered in the Zubale Platform for such purposes.
Any transfer of funds must comply with the provisions of the «User Bank Account» section.
In the case of cash rewards, the minimum value that can be transferred to the User’s bank account is $ 50.00 Mexican pesos.
The deposit will be made to the bank account, provided that the account has been previously registered and validated and during normal banking hours (between 9:00 a.m. and 5:00 p.m., on business days). The foregoing may not be applicable to bank accounts at BanCoppel.
In the event the task is completed on non-business days or times, the cash reward will be available the next business day. These times may change without prior notice and are subject to the operation of the money receiving bank.
Zubale is not responsible if the CLABE number registered in the Zubale application is not correct. It is the User’s responsibility to provide valid and correct bank information.
Zubale will also not be responsible for failures that the banking transfer systems present, limiting to inform the Users about the status of the actions that it has carried out regarding the transfer of funds.
User Bank Account
The User must provide a bank account granted by the Mexican Institution and with a CLABE number, which consists of 18 numerical digits.
The bank account may be of the User or a Third Party that the User indicates, so the User is responsible for the account to which it is sent and indicates for the transfer of the money, so Zubale will not be responsible under any circumstances. circumstance regarding the account to which the payments are released.
Associate Rewards
These are the options to exchange credits on the Zubale platform for gift cards from different providers or Brands. Each provider has gift cards for different values and the information is detailed within the Zubale application.
After the User exchanges their credits for a gift card, Zubale will have up to two (2) business days to deliver the gift card access code to the user.
Zubale is not responsible if the gift card expires.
The User, when accepting the option «Rewards with Associates», must comply with the terms and conditions of the provider or associate they choose.
Referred friend
Any person registered as a User on the Zubale platform will be considered as referred and share their username to a friend, through the different means of communication, so that the latter can register and become a User of the services provided by Zubale and if applicable, I will conduct himself / herself in front of Zubale as a Service Provider. The person who has previously registered in the application, including other Zubale services, as well as other cities and / or countries, will not apply as a referral.
Taxes
Zubale must make the corresponding withholding (s) according to the current tax provisions.
As of June 1, 2020, the appropriate withholdings, for daily periods, according to the activities carried out by the different «User modalities» who have independent services through Technological Platforms (Platform), are the following:
1. Withholding on the amount of the consideration for the service provided:
a. Provision of goods delivery services:
