1. Definitions
For the purposes of these Terms and Conditions, the following definitions are established: ACTIVITY refers to the transportation and delivery services facilitated through the platform. WERIS DRIVERS APP is the mobile application available for Android and Huawei devices that enables the Driver to manage their services. DRIVER CONTRACT is the contract that must be signed prior to the creation of the Driver's account. ACCOUNT is the Driver's personal and non-transferable profile within the platform. FORCE MAJEURE refers to unforeseeable events beyond the control of the parties. DRIVER is the natural or legal person who provides transportation and delivery services through the platform. LICENSE is the limited, non-exclusive, and revocable permission granted to the Driver to use the application. PRICE corresponds to the amount payable for each service performed. WEBSITE is weris.app. TERRITORY refers to El Salvador. USER is the person who requests services through Weris App. WERIS APP is the technological platform operated by WERIS S.A. de C.V.
2. Driver Registration
To register as a Driver on the platform, it is an essential requirement to have previously signed the DRIVER CONTRACT. The account created is personal and non-transferable; therefore, the Driver may not authorize third parties to use it. The use of the account must be exclusively legitimate and in accordance with the terms set forth in this document and in the DRIVER CONTRACT.
3. Text Messages
By accepting these Terms and Conditions, the Driver grants consent to receive text messages (SMS) from WERIS as part of the normal operations of the platform. These messages may include order notifications, account updates, and operational communications relevant to the provision of the service.
4. Network Access and Devices
The Driver is responsible for having mobile data access or an internet connection, as well as bearing the corresponding mobile charges and having a device compatible with the application. WERIS does not guarantee that the application will function correctly on all devices available on the market. Additionally, internet service interruptions may occur that are beyond the control of WERIS.
5. Service Limitations
WERIS DRIVERS APP is a technological platform and does NOT operate as a transportation company. The Driver provides services at their own risk and expense, being solely responsible for holding the necessary legal permits and complying with all applicable regulations for carrying out their activity. The reproduction, modification, decompilation, or reverse engineering of the application or any of its components is strictly prohibited.
6. Pricing and Payment Methods
Payment for each trip or delivery made is determined according to the parameters established in the DRIVER CONTRACT. Payments are made via bank transfer. Cash collections made by the Driver may be reimbursed in accordance with agreed-upon procedures. WERIS reserves the right to withhold or offset any amount that the Driver owes to the platform.
7. Tips
Platform users may voluntarily give tips to the Driver. Tips made through electronic means shall be temporarily retained by WERIS and delivered in full to the Driver. Applicable tax withholdings shall be applied to such tips in accordance with current legislation.
8. Ownership and Intellectual Property
All rights to the application, including but not limited to its design, code, content, trademarks, and logos, are and remain the exclusive property of WERIS S.A. de C.V. There is no transfer of intellectual property to the Driver whatsoever. WERIS authorizes the Driver to use the brand solely for the promotion of the ACTIVITY within the established terms.
9. Software License
WERIS grants the Driver a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to use the application. This license is intended exclusively for the Driver's personal and non-commercial use in connection with the ACTIVITY. Any use outside of these terms constitutes a violation of the granted license.
10. Location Data Collection
The Driver expressly consents to the collection of their real-time location during the use of the application. This information is used exclusively for delivery operations and order tracking. Location data shall not be shared with third parties, unless required by legal provision.
11. Privacy and Security
WERIS adopts appropriate technical and organizational measures to protect the Driver's personal data. For further details on the processing of personal information, the Privacy Policy available on the website and the application should be consulted.
12. Driver Support Service
WERIS provides the Driver with a support center accessible directly from the application. Through this channel, the Driver may submit inquiries, report incidents, and receive assistance related to the use of the platform.
13. Driver Responsibilities
The Driver is responsible for all activity carried out during the use of the application, whether lawful or not. Likewise, the Driver assumes liability for any damage or harm arising from the improper use of the application or the services provided to users.
14. Account Suspension
WERIS reserves the right to restrict or suspend access to the Driver's account in the event of misuse, including but not limited to: unauthorized use of the platform, contacting users outside the application, storing or sharing users' personal data, using automated data extraction tools, modifying the application's code, making improper use of HTML code, copying or replicating the application's content, accessing servers without authorization, interfering with the operation of the platform, or engaging in fraudulent activities. All information provided by the Driver must be truthful and up to date.
15. Limitation of Liability
Release: The use of the platform is at the Driver's own risk. WERIS is not liable for damage to the Driver's device or for damages arising from the transportation service. Waiver: There are no implied warranties regarding the operation of the platform. Limitation: WERIS shall not be liable for indirect, incidental, special, or consequential damages arising from the use of the application. Indemnification: The Driver agrees to indemnify and hold WERIS harmless against any claim, demand, or action arising from the use of the application or the breach of these terms.
16. Confidentiality
All personal information of users that the Driver receives through the platform is strictly confidential. Such information may not be used for purposes other than those necessary for the provision of the service within the scope of the Driver's functions.
17. Miscellaneous
The WERIS Privacy Policy is an integral part of these Terms and Conditions. Section headings are included solely to facilitate reading of the document. If any provision of these terms is declared invalid, the remaining provisions shall remain in full force and effect. These terms are governed by the laws of the Republic of El Salvador. For any dispute, the parties submit to the jurisdiction of the courts of San Salvador. Notices shall be made by email. WERIS may assign its rights and obligations under these terms. This document constitutes the entire agreement between the parties. For inquiries, contact [email protected]. All matters not covered in these terms shall be governed by the provisions of the DRIVER CONTRACT.
Last updated: May 16, 2023