1. Definitions
For the purposes of these terms, the following key definitions are established: APP refers to the WERIS mobile application available for iOS and Android devices. CHARGES are the amounts billed to the User for services requested through the platform. ACCOUNT is the personal profile created by the User to access the services. DRIVER is the independent person who performs deliveries and transportation services through the platform. WERIS BUSINESS is the affiliated establishment that offers its products within the APP. USER is any natural person who registers and uses the platform to request services. TERRITORY refers to the Republic of El Salvador, where WERIS operates. WEBSITE is the official WERIS page on the internet. SERVICE FEE is the service fee charged by WERIS for facilitating the connection between Users, Businesses, and Drivers. DYNAMIC PRICING is the price adjustment applied under conditions of high demand or low Driver availability.
2. The User
To register on the WERIS platform, the User must be at least eighteen (18) years of age. When creating an account, the User must provide their full name, email address, phone number, and a valid payment method. The User's phone number shall serve as the primary account identifier. The User agrees to provide truthful, complete, and up-to-date information at all times. WERIS reserves the right to close, suspend, or limit access to any User account at its sole discretion, when deemed necessary to protect the integrity of the platform or due to a breach of these terms.
3. About the Services
The services available through the WERIS platform include: the purchase of products offered by affiliated Businesses, such as food, beverages, medications, and other consumer goods; access to a DRIVER for transportation services, courier services, and the completion of errands or tasks; and advertising of products and services through the platform. WERIS acts as a technological intermediary that facilitates the connection between Users, Businesses, and Drivers.
4. Text Messages
By creating an account on WERIS, the User grants consent to receive text messages (SMS) related to the service, including notifications about orders, promotions, and platform updates. The User may opt out of receiving such messages at any time by contacting [email protected] to request exclusion from the messaging service.
5. Promotional Codes
WERIS may issue promotional codes with discounts applicable to the platform's services. Such codes must be used only by the intended audience and in accordance with the specific conditions of each promotion. Promotional codes may not be duplicated, sold, transferred, or shared in an unauthorized manner. Codes may have expiration dates and be subject to specific terms of use. WERIS reserves the right to retract, cancel, or deactivate credits or benefits granted through promotional codes when improper, fraudulent, or unauthorized use is detected.
6. User Content
The User retains ownership of all content they post, submit, or share through the WERIS platform. However, by sharing such content, the User grants WERIS a worldwide, perpetual, irrevocable, transferable, and royalty-free license to use, reproduce, modify, distribute, and display such content in connection with the platform's services. User-generated content must not be defamatory, violent, obscene, discriminatory, or illegal in nature. WERIS reserves the right to remove any content that violates these provisions.
7. Network Access and Devices
The User is responsible for obtaining and maintaining the data network access necessary to use the platform's services, as well as having a device compatible with the application. WERIS is not responsible for any mobile data or internet charges incurred by the User. WERIS does not guarantee that the application will be compatible with all mobile devices or that it will function correctly on all operating system versions available on the market.
8. Service Limitations
Product photographs displayed on the platform are for illustrative purposes and may not represent the final product exactly. Product availability depends on each affiliated Business's inventory at the time of placing the order. The return policy shall be governed in accordance with applicable consumer protection legislation. The User may exercise the right of withdrawal in accordance with current regulations. WERIS operates exclusively as a technological intermediation platform and is not the manufacturer, supplier, or direct seller of the products offered by the Businesses.
9. Prices and Payment Methods
Product and service prices are expressed in local currency and include applicable taxes. Payments are made through the payment methods accepted by the platform, including credit and debit cards. In the event of order cancellation after three (3) minutes from confirmation, a cancellation fee shall apply. WERIS may implement dynamic pricing during adverse weather conditions such as rain or during periods of low Driver availability. Refunds shall be subject to the evaluation and discretion of WERIS, based on the circumstances of each case.
10. Order Reception
The User must ensure that an adult is available at the delivery address to receive the order. At the time of delivery, the User or the designated person must verify the condition of the package and the products received. Delivery shall be made only to the address indicated by the User at the time of placing the order. WERIS and the DRIVER shall not be liable for failed deliveries when no person is available to receive the order at the designated address.
11. Software License
WERIS grants the User a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to download and install the application on their personal device. This license is exclusively for personal and non-commercial use, and is subject to compliance with these terms and conditions. The User may not copy, modify, distribute, sell, or create derivative works based on the platform's software.
12. Ownership
All intellectual property rights in the WERIS platform, including but not limited to software, design, logos, trademarks, trade names, databases, and all content generated by WERIS, are and shall remain the exclusive property of WERIS S.A. de C.V. The User's use of the platform does not, under any circumstances, imply the transfer or assignment of intellectual property rights in favor of the User.
13. Third-Party Services
The WERIS platform may contain content, products, or services provided by third parties, including affiliated Businesses. WERIS is not responsible for the quality, safety, legality, or availability of products or services offered by third parties through the platform. The specific commercial terms of the products shall be the responsibility of each Business. The User acknowledges that their commercial relationship with respect to the products purchased is established directly with the corresponding Business.
14. Communication with the User
WERIS shall send notifications and communications to the User through the email address registered in their account. It is the User's responsibility to keep their contact information up to date, including their email address and phone number. Notifications sent to the registered email address shall be deemed validly delivered, regardless of whether the User has read them.
15. Third-Party Links and Content
The WERIS platform may contain links to third-party websites or resources. WERIS has no control over such sites and is not responsible for the content, products, services, or privacy practices of any third-party website. Access to any external link from the platform is at the User's sole risk.
16. Intellectual Property
All intellectual property rights related to the WERIS platform, including registered trademarks, copyrights, patents, trade secrets, logos, designs, source code, and original content, belong exclusively and entirely to WERIS. The reproduction, distribution, modification, or unauthorized use of any element protected by WERIS intellectual property is strictly prohibited without prior written consent from WERIS.
17. Territory
WERIS services are available exclusively within the coverage areas established in the territory of the Republic of El Salvador. Service availability may vary depending on the User's geographic location and the current operational coverage at any given time. WERIS reserves the right to expand or modify its coverage areas without prior notice.
18. User Responsibility
The User shall be solely responsible for any illegal, fraudulent, or activity contrary to these terms conducted through the platform. WERIS reserves the right to close, suspend, or restrict access to the account of any User who engages in misuse of the platform, including but not limited to: fraudulent conduct, abuse of the promotions system, harassment of Drivers or Business personnel, and any other conduct that WERIS deems contrary to good faith or the proper functioning of the platform.
19. Limitation of Liability
The User releases, exonerates, and indemnifies WERIS, its directors, employees, agents, and affiliates from all liability arising from the use of the platform. WERIS shall not be liable for indirect, incidental, special, consequential, or punitive damages. The User assumes all risks arising from the use of services offered through the platform. The total liability of WERIS, if found liable, shall be limited to the amount actually paid by the User for the specific service that gave rise to the claim. This limitation of liability applies to the fullest extent permitted by applicable law.
20. Miscellaneous
WERIS has a privacy policy that governs the processing of Users' personal data. Section headings in these terms are for reference purposes only and do not affect their interpretation. If any provision of these terms is declared null or unenforceable, the remaining provisions shall remain in full force and effect. These terms are governed by the laws of the Republic of El Salvador. For the resolution of disputes, the parties submit to the jurisdiction of the competent courts of the city of San Salvador. Notices to WERIS must be submitted in writing. WERIS may assign its rights and obligations under these terms. For inquiries or communications, the User may contact WERIS at the email address [email protected].
Last updated: May 16, 2023