General Conditions of Use and Contract of One Express
These general conditions of use and legal information (hereinafter, General Conditions) apply to the website of José Aday Vega Cedrés. (hereinafter, One Express), whose domain is www.becomeonestudios.com and the corresponding mobile application, as well as all its sites related or linked from www.becomeonestudios.com by One Express, as well as its affiliates already associated, including One Express' websites around the world (hereinafter and collectively, the "site"). The site is owned by www.Wix.com. By using the site, you agree to these terms of use. If you do not agree, we ask you to refrain from using it.
Through these General Conditions, One Express and www.wix.com make available to users (hereinafter User or Users) the website and the One Express mobile application (hereinafter jointly referred to as the Platform). In compliance with the provisions of the regulatory regulations, the following identifying data of the owner of the site are exposed:
1. Company name: José Aday Vega Cedrés 2. Registered office: C / Bernardo de la Torre 33 78508760P
1. Object
www.wix.com is a technology company, whose main activity is the development and management of a technological platform through which, through a mobile application or a website (hereinafter, the APP) allows certain local stores in some cities in different territories offer their products through it, and where appropriate, if the users of the APP and consumers of the aforementioned local stores request it through the APP, in an accessory, intermediate way in the immediate delivery of the products.
Thus, One Express contracts the service of www.wix.com to be able to use the platform through which different businesses, with which One Express can maintain a commercial agreement for the use of the platform, offer a series of products and services. The Client has the possibility of requesting the acquisition of products and services from these businesses through the mandate it confers on a third party when requesting an order through the Platform, in which cases One Express acts as a mere intermediary and therefore cannot assume or assume any responsibility for the quality of the products or the correct provision of the services offered directly by the businesses or by said third parties.
Likewise, One Express is an “on demand” intermediation platform for express delivery. It aims to facilitate that those people who need help with their errands or their purchases in associated shops (hereinafter, Clients), can carry out their errands through said third parties, willing to voluntarily carry out the mandate conferred by Clients (hereinafter , Drivers).
Drivers, therefore, are a network of couriers / distributors who are independent or salaried professionals who collaborate with One Express, when they are interested in providing courier services, they communicate with One Express and receive orders and in a time determined they undertake to carry out the courier / delivery / delivery service entrusted to them by the Client through the aforementioned mandate.
Throughout these General Conditions of Use we will refer to Clients and Drivers as Users.
2. Terms of Use
Access to the Platform, and the voluntary creation of a profile by the User, implies the knowledge and express and unequivocal acceptance of these General Conditions and the Privacy Policy and the Cookies Policy by all Users.
3. Access and Registration for Clients
In order to be a Client of the Platform, it is essential that the following requirements are met:
● Have reached or be over 18 years of age.
● Truly fill in the required fields of the registration form, in which personal data such as username, email, telephone number and bank card number are requested.
● Accept these Terms of Use.
● Accept the Privacy and Data Protection Policy.
● Accept the Cookies Policy.
The User guarantees that all the data on their identity and legitimacy provided to One Express in their registration forms on the Platform are true, exact and complete. Likewise, it undertakes to keep your data updated. In the event that the User provides any false, inaccurate or incomplete data or if One Express considers that there are well-founded reasons to doubt the veracity, accuracy and integrity of the same, One Express may deny access and present or future use of the Platform or any of its contents and / or services.
When registering on the Platform, the User will select a username (username) and a password (password). Both the username and the password are strictly confidential, personal and non-transferable.
3.1 Profile
In order to complete the registration on the Platform, the User must provide some information such as: User name, email address, telephone, bank card details, etc. Once the registration is completed, all Users will be able to access their profile and complete it, and edit and / or unsubscribe as they deem appropriate.
3.2. Credit card theft or theft
While One Express cannot guarantee the identity of registered Users, Users will have the obligation to inform One Express in those cases in which they are aware that the credit card associated with their One Express profile has been stolen, and / or was being used by a third party fraudulently. Therefore, since One Express and its payment platform proactively ensure the protection of Users with the corresponding security measures, in the event that the User does not inform One Express of said theft, One Express will not be responsible for the fraudulent use that third parties may make of the User's account.
The User agrees not to disclose the data related to his account or make it accessible to third parties. The User will be solely responsible for the use of said data by third parties, including the statements made on the Platform, or any other action carried out through the use of the username and / or password.
One Express cannot guarantee the identity of registered users, therefore, it will not be responsible for the use of the identity of a registered User by unregistered third parties. Users are obliged to immediately inform One Express of the theft, disclosure or loss of their username or password, communicating it through the Contact Form.
4. Operation of the service. Terms of the Mandate.
When a User registered as a Client needs help with a message, they must go to the web platform or the corresponding One Express application and request the service through said telematic means. The basic delivery service consists of the collection of a product and its subsequent delivery, both addresses established by the Client as long as they are exclusively within the territory of action of One Express. Likewise, the Customer may request the Driver to purchase products in person on his behalf, pick them up and deliver them to the addresses provided, through a mandate, the Driver undertakes to acquire the products entrusted by the Customer on his behalf, and as directed and specifications provided by the latter.
The Client is solely responsible for the correct consignment of the delivery and collection addresses on the Platform, thus exempting One Express and the Driver from any negligence or error in the collection or delivery of the order derived from the erroneous consignment of the delivery and collection addresses. As a consequence of this, it will be the Client who must bear the cost derived from the incorrect consignment of the delivery and collection addresses on the Platform.
The Client must provide all the information, as detailed as possible, regarding the service that is the object of the message, and where appropriate, in relation to the product that he requests to buy from the Driver on his behalf in physical stores. To do this, you can enter the comments you consider useful in the "comments" section, as well as, where appropriate, you can share a photograph with the Driver to identify the order. The Client will have constant communication with the Driver, being able to direct the Driver at all times so that the latter may execute the conferred mandate according to the Client's own indications.
In order to facilitate direct communication with the courier and in the event that there is an incident in the processing of the order and / or to communicate any change in it, One Express makes an internal chat available to users that will allow direct contact and immediate between user and messenger during the execution of the order. The chat will cease to be active the moment the user has received the product or it has been canceled for any of the anticipated causes. In the event that the user wants to communicate with the courier or One Express after the completion of the order, they must use the contact form on the Platform and contact the customer service.
The Client exempts One Express and the Driver from any negligence or error in the indications that it consigns for the purchase of the product that it requests to buy in its name from the physical stores. As a consequence of this, it will be the Client who must bear the cost derived from the incorrect consignment of the indications of the products on the Platform (ie incorrect address, incorrect product).
As long as the price of the product / service does not appear on the platform, the Client may set an approximate price. In this case, the service or product may be purchased in person by the Driver in accordance with what the Client has estimated and never for an amount greater than 30% of said estimate. In the event that the price is higher, the Driver will contact the Customer to inform him of this situation and it will be the latter who will make the final decision whether or not to proceed with the purchase in person at the store.
If the product and / or service is not available, the Driver must call the Customer to explain the options. In the event that the Client does not agree with any of the options set out by the Driver and, consequently, is not interested in the alternative options, he or she must assume the cancellation policy set out in these General Conditions of Use (in the section nine). If the Client does not answer the calls, the Driver will wait 10 minutes before leaving.
In the cases in which the Client is not in the place consigned for delivery, the Driver will keep the product for 24 hours, or 10 minutes in the case of perishable products. Likewise, the Client must assume 100% of the cost of the basic delivery service as well as the price of the product in the event that it has been acquired or contracted.
any through the Driver on behalf of the Client, and will have to pay another service to receive the undelivered products. The Driver in no case will be responsible for the deterioration or expiration of the product that is the object of the message.
Once the message is completed, in the event that a face-to-face purchase of a product has been requested, the Driver will deliver to the Client the physical receipt corresponding to said product. If the purpose of the message is the mere delivery of a product, the Driver will deliver it to the Customer at the exact place and time that the latter indicates. All this without prejudice to the electronic receipt for the service that the Client will receive at the email address associated with their account.
5. Return of products
In the event that the Client wishes to proceed with the return of a product or wishes to make a claim about the performance of a service, they must go directly to the same store in which the purchase was made with the purchase receipt of the store as the Driver provided to you at the time of order delivery. In case of refund of the purchase amount by the merchant to the Client, it will be the merchant that will have the power to decide the return method (cash, credit card, purchase voucher ...). Therefore, the return of a product purchased by the Driver in execution of the mandate conferred by the Client, will be subject in any case to the return policy of the merchant.
In the event that the User wants to process the return of a product because it does not conform to what he has requested through the platform, the User must provide a photograph of the total order together with a list of incorrect or non-delivered products. , as well as other evidence that demonstrates the unsuitability of the requested product.
The Client must check the products that the Driver sees, delivered to the delivery address before proceeding to sign and ratify the mandate. With the signature, the Client confirms and ratifies the mandate, the purchase or service performed on his behalf. Likewise, the Client declares that a third party may ratify the mandate on their behalf, for example in those cases in which the Client is not at the final delivery address or has designated a third party to collect and sign. Thus, the responsibility of verifying the adequacy of the service falls on the Client and / or said third party, as well as, where appropriate, gathering sufficient evidence to justify the opposite.
In any case, it will be the power of the merchant to determine in each case the origin of the return, so in the event of a dispute, the Client must inform One Express through the Contact Form.
6. Service fees and billing
The registration and use of the Platform for Clients is completely free.
The use of the Platform by Drivers and businesses may have an associated cost depending on the destination country from which they wish to use the Platform to provide services.
The Client will only have to pay for each service requested through the Platform. Additionally, in those services that include the purchase of a product, the User must pay the price of said product. The User, by registering through the Platform and providing the required banking information, expressly authorizes One Express to pass the receipts corresponding to the payment of the services requested, including the price of the products requested.
The total price of each service can be made up of a variable percentage depending on the kilometers and time that the Driver must travel and use, as well as, where appropriate, the price set by each business for cases in which the User requests the physical purchase. of a product or service. One Express reserves the right to modify the price depending on the time slot and / or distance in which the service is performed. In accordance with these conditions, the Client will have the right to know the approximate rate of his service before contracting it and formalizing the payment, except when the user does not specify the collection address. The shipping service fee may vary when force majeure circumstances arise that are beyond the scope of One Express and that lead to an increase in said rate.
One Express reserves the right to modify its prices at any time. The changes made will take effect immediately after they are published. The User expressly authorizes One Express to send by telematic means, to the email address provided by it during the registration process, the receipt of the contracted services and / or invoices generated. If an invoice is required, the user must add the tax data to the platform before placing the order.
The subsequent cancellation of the service by the user, in cases in which a Driver has already been assigned, will entitle One Express to charge the Customer the fee for the services already initiated by the Driver. Likewise, in the event that the User has requested the Driver to purchase a product on his behalf, if the Customer cancels the order when the purchase has already been made, he will assume the costs of the shipping services performed by the Driver, as well as the product. All this without prejudice to the Client being able to request a new service from the
effects of returning the products purchased, or that they are delivered to another address. In the case of non-perishable products, the User may exercise his right of withdrawal before the business that has sold the products. If you wish to exercise the right through One Express, you must contract the new service.
6.1. Payment platform
The payment of the products and / or services that are sold in person in the Restaurants and / or stores, and are delivered to the
Customers on a deferred basis, it is made temporarily to One Express and it transmits it to Restaurants and / or stores with
those who maintain a commercial agreement. The Restaurants and / or associated establishments authorize One Express to accept
the payment on your behalf, so that the payment of the price of any product (ie food, drink, gift ...) made
Correctly in favor of One Express will discharge the Client from the obligations of paying said price to the Restaurant and / or
associated establishments.
Likewise, the payment of the Client relieves him of any obligation regarding the Driver, having the total charge to the Client effect
release on any obligation you may have with Partners and / or Drivers.
The payment of the products and / or services made by the Clients is received in the One Express accounts through a
Electronic Money Entity. Electronic Money Institutions are authorized to provide payment services
regulated in all the territories in which One Express operates and comply with current regulations regarding services of
payment for Platforms like One Express. In case you have any questions regarding the payment gateway used by One
Express, the following Contact Form is made available to you
One Express, through the payment provider that it has contracted for this purpose and with the sole purpose of verifying the payment method provided, reserves the right as an anti-fraud measure to request the pre-authorization of the charge of the products ordered through the platform . The aforementioned pre-authorization will not imply, in any case, the payment of the total order as it will be made solely and exclusively after making the products available to the user or, for the reasons described in these terms and conditions.
When an incident occurs as a result of the payment of goods or services electronically, the User may contact the One Express customer service to report the aforementioned incident, One Express committing to carry out the necessary steps in order to verify the origin of the same and in its case derive the resolution of the same to the person in charge.
7. Price of the products and / or services consigned on the Platform
All the prices indicated on the Platform include the taxes that may be applicable depending on the territory from which the User operates and in any case they will be expressed in the current currency depending on the territory from which the User operates.
In accordance with Clause 6 above, the prices applicable to each service will be those published on the Platform subject to the particularities set forth and applied automatically in the contracting process in the last phase of the same.
However, the prices of the products for sale in restaurants and / or stores shown on the One Express Platform may be indicative. In any case, these prices correspond to products sold in restaurants and / or stores and are exclusively set by them. The Client may communicate with the Driver in order to confirm the final price of the products ordered.
The User assumes that in any case the economic valuation of some of the products may vary in real time depending on the establishment that sells them and the "stock" available.
For any information about the requested order, the User will contact One Express through the Contact Form where they must indicate in the subject of the message the number assigned by the One Express Platform.
In accordance with the foregoing, the Client by means of the purchase and shipment request through the platform confers on the Driver a mandate to acquire the products in person on their behalf for the price set by the merchants. The Client will be able to be in direct contact with the Driver to see both during the realization of the order, as in the delivery of the same to indicate to the Driver which product he is requesting.
8. Promotional codes
The promotional codes must be correctly entered in the application prior to placing the order, otherwise their use will not be effective for the User and they will not be able to enjoy them.
Whenever a cancellation is urged by One Express in the terms described in section 9 below, the Customer will keep the promotional code valid for future use. When the cancellation is urged by the User, the provisions of section 9 below will be followed.
One Express reserves the right to cancel the promotional codes offered when it becomes aware of a fraudulent use of them (ie redeem a promotional code when it is not the legitimate recipient of the same, massive transmission of codes, ...), likewise , reserves the right to apply sanctions to users for the amount of use defrauded to the Company.
9. Right of withdrawal and cancellation of orders
The User may cancel an order for free as long as the Driver has not accepted the order.
In accordance with the very nature of the service offered by One Express, the User is aware that once a Driver ver has voluntarily accepted an order, it is considered that the execution of the purchase mandate has begun and therefore the User will not have the right to desist from the service request for free.
Therefore, if the User cancels an order that is already assigned to a Driver, the Platform will generate the cost of 100% of the basic delivery service as cancellation cost for the User.
If, in addition, at the time of cancellation of the service, the Driver had already made the entrusted purchase of the product or the contracting of a service, the user may instruct the Driver to return it. For this purpose, the User must pay the total cost of purchasing the products and the delivery costs, as well as the cost of the return service. In the event that the Driver has been able to return the product, the User will be reimbursed the value of the product, and the User must, as said, pay the cost of the two collection and delivery services, as well as
return. The return in any case will be subject to the return policies of the store, so the Client declares to be aware that in the case of perishable products (ie food), it is possible that the return cannot be proceeded and therefore, One Express will be empowered to load both the product that the Driver view had already acquired under its mandate, as well as the shipping service incurred. In the event that the Client has incorrectly indicated the delivery address of the products, he / she may enter a new address at any time as long as it is within the same city of the initial order and within the scope of the Driver. In that case, the Client will be commissioning the contracting of a new service and accepts that the corresponding amounts of the new delivery will be charged. In case of being in another city than the one initially indicated, it cannot be modified to be delivered in a new city and the order will be canceled, and the Client must bear the costs generated as established in this clause.
One Express reserves the right to cancel an order without having to claim just cause. In case of cancellation urged by One Express, the User will be entitled to a refund of the amount paid.
One Express has official complaint forms available to consumers, for the purpose of the service offered by One Express, in the official languages of the countries where One Express operates. The aforementioned claim forms may be requested by the consumer through the Contact Form and the option to access them will be automatically sent. The consumer must specify in the email the exact location from which the request is made, which must coincide with the place of performance of the service, in case of doubt, the latter will be the place where the claim should be filed.
10.Special conditions of the order service for the purchase of products through One Express
The Client has the option of requesting through the Platform the acquisition in person by the Driver of a series of products and / or services that are offered by businesses with which One Express has a commercial agreement. The Client can select through a drop-down menu within the Platform, a series of options predetermined by the Merchants where the characteristics, the price, as well as sometimes a photograph of the product or service are indicated. Once the Client selects one of the options, they can also complete the order by means of a free text space to incorporate more detailed information or instructions for the Driver who is in charge of carrying out said order.
Through the free space, the Client expresses his willingness to order the purchase of certain products, the Driver being a mere agent on his behalf. As a consequence of this, the client would be the only person responsible and who, if necessary, would assume any incidence derived from the nature of said products (ie sanction, civil liability, patrimonial liability ...).
The Client is aware and accepts that the descriptions and, where appropriate, the prices or photographs of the products and / or services offered on the Platform are made based on the information and documentation provided by the Merchants, so One Express does not can offer guarantees against possible inaccuracies in said descriptions, prices and / or photographs.
Likewise, the Client accepts that all the products reflected in the One Express platform are subject to their availability and in this sense they assume the possibility that during the ordering they may find the product and / or service unavailable. on trade. Additionally, the price of the product may vary slightly due to modifications at the point of sale. One Express reserves the right to proceed with the purchase in the event of price variations of up to 30%, if it exceeds the aforementioned 30%, the Driver will contact the customer to transmit the situation.
One Express reserves the right to withdraw any product from its platform, as well as to modify the content of its file at any time, without any type of responsibility being attributed to it.
10.1 Same day deliveries
One Express provides the Customer with a delivery service for the products purchased in person by the Driver in certain cities. The order can be made provided that the following conditions are met at the time of payment of the order:
The service is operational for the chosen time slot.
The merchandise to be delivered must be within one of the cities and within the designated space in which One Express operates.
The place of destination must be located in the same city in which the product is located. The order size cannot exceed the measurements: 40cm x 40cm x 30cm.
The maximum weight to load in an order will be, approximately, 9 Kg
10.2 Price and payment method
The price of the product and / or service will be that indicated by the Merchant through the Platform. However, the Client assumes that in any case the economic valuation of some of the products may vary in real time, due to the stock availability of the establishments offered on the platform, and that in any case the final cost will always be communicated to the Client prior to the time of payment.
The Client will have continuous contact with the Driver, who will act on his behalf in the acquisition of products and services, so any change or variation will be communicated by the Driver prior to the execution of the mandate granted.
Similarly, during the payment gateway, the Customer will be informed of the final price of the shipment and the approximate time of delivery according to the conditions of the One Express delivery service expressed above.
The Client may pay for the services in cash or through his credit card. The cash payment option may not be available in all countries where One Express operates. The Client will be informed, when they agree to place the order, of the different payment options they have depending on the territory from which they request the service. To pay by card, the Client must provide their data through the platform as a payment method associated with their account. One Express does not store the card number on its servers, and you will only be able to view the last four digits of the card. The complete information will be stored on the servers of the payment service provider that makes payments on behalf of One Express. Payment by credit card will not entail any extra cost for the Client. All this in accordance with the terms of the payment platform set out in the
Clause 6.1.
In case of cash payment, the customer must pay the price at the time of delivery of the product and / or fulfillment of the message at the place of delivery. The customer may not refuse to pay the cost of the delivery service and / or the price of the requested product. The client can only refuse to pay the cost of the service
If you have made a claim and received a favorable resolution from One Express at the time of delivery.
In the event that the customer service cannot be charged for any reason, you will be blocked from using the platform again until you regularize your debt.
10.3. Home delivery of free samples and other commercial actions
One Express reserves the right to enter into commercial agreements with Shops, Large Stores, Entrepreneurs, Professionals (ie large consumer companies in the food sector, laboratories, department stores, large and small consumer brands ...) for the purposes of making communications promotional, including the sending of free samples at home together with the order requested by the User. Said commercial actions must be explicitly accepted together with these Conditions of Use by Users.
11.Purchase of alcoholic beverages
Users who place an order that includes the acquisition and / or delivery of alcoholic beverages through the platform must be of legal age, having reached 18 years of age. By placing an order that includes alcoholic beverages, the User confirms that they are at least 18 years old. One Express reserves the right to refuse to allow the purchase order and / or delivery of alcohol to anyone who cannot prove to be at least 18 years of age.
This clause will be of identical application to any other similar product and / or service reserved for the age of majority according to current legislation and that is requested by a User through the Platform.
Likewise, in the cases and in the cities where the sale and / or delivery of alcoholic beverages is restricted in a certain time slot, the User is responsible for placing orders at the times allowed according to the applicable regulations. One Express reserves the right to refuse to allow the purchase order and / or delivery of alcohol outside the permitted hours.
12. Products in pharmacy offices
One Express does not sell or advertise medicines for human use through the Platform in compliance with current regulations. The Drivers act as agents of those Users who request medicines for human use not subject to medical prescription through the Platform for their collection.
One Express guarantees in any case to Users the pharmaceutical advice before ordering their medications, for this One Express has enabled a box in SPECIAL REQUEST so that in case of doubt on the part of the User, consult the pharmacist who will dispense the product or products through of the same all this with the purpose that the Pharmacist can dispense the suitable product.
In any case, One Express is not responsible for the use made by the Users of the products requested in the Pharmacy section, nor will it be responsible for the quantities and / or conditions of the products that are dispensed in the pharmacy offices.
Additionally, the Platform may assign to the pharmacy that dispenses the medication requested by the User, the user's name and telephone number, in order to respond to the questions raised. Said assignment will be subject in any case to the express and unequivocal authorization of the User in accordance with the applicable legislation on the protection of personal data.
One Express makes available to all One Express Users on the Platform the official technical sheet of the medicines published by the Spanish Agency for Medicines and Health Products of the Ministry of Health, Social Policy and Equality.
13. Policy of reserved materials in shipments
Non-limiting list of examples:
Alcohol and Tobacco Deliveries of alcohol and tobacco may be limited or restricted in certain countries / and / or cities where the Platform operates.
Regulated Animals and Species
The parts of animals, or fluids; forbidden seeds, noxious plants; plants or other regulated organisms (including their derivatives) in danger of extinction or whose trade is in any case according to what the law provides.
Child pornography
Pornographic material involving minors or content that may be perceived as erotic pedophilia.
Copyright on Software and Media
Unauthorized copies of books, music, films and other licensed or protected materials including copies without proper attribution; and unauthorized copies of licensed or protected software, video games, and other materials, including OEM or other products triggering unsolicited messages.
Counterfeits and unauthorized products Replicas or imitations of designers or other goods; celebrity items that would normally require authentication; fake autographs; foreign exchange; seals; tickets; or others
unauthorized goods.
Devices or tools to unlock security measures
Modems, chips or other devices to dismantle technical protection measures as well as digital devices, including to unlock iPhones.
Drugs
Controlled substances, narcotics, illegal drugs, and accessory drugs, including psychoactive and plant drugs such as hallucinogenic mushrooms as well as material promoting their use; or legal substances such as plants and herbs, in a way that suggests their ingestion, inhalation, extraction, or other use that may cause the same use as an illegal component, drug or substance or that produces unproven health benefits.
Gambling and Betting
Lottery tickets, bets, memberships / registrations in online betting sites, and related content. Promotion of physical casinos allowed.
Products for Sale in Pharmacy Offices
Pharmacy product deliveries may be limited or restricted in certain countries and / or cities where the Platform operates. It is not allowed to order / send medicines subject to medical prescription. OTC / over-the-counter medicines, complementary health products, as well as any other hygiene, nutrition or similar product, sold in the pharmacy and for human use, are subject to the mandate that the User confers on the Driver and whatever the pharmacist deems appropriate. .
Materials for hacking and cracking Manuals, guides, information or equipment that violates the law by damaging or fraudulently facilitating access to software, servers, websites or other property
protected.
Human parts
Organs or other parts of the body; body fluids; mother cells; embryos.
Stolen or illegal goods
Materials, products or information that promote illegal goods or facilitate illegal acts; goods over which you do not have the property or do not have the right to sell; goods produced in violation of the rights of third parties; goods in violation of restrictions on import, export or labeling; motor vehicles subject to transfer restrictions; You (One Express User) are solely and completely responsible for verifying that all objects are authentic and legal.
Illegal telecommunications equipment Devices that claim to get free satellite signal, illegal products to modify
mobile phones and other equipment.
Offensive goods
Goods, literature, products, or other material that:
Slander any person or group of people based on their race, ethnicity, national origin, religion, sex, or other factor. Defame any person or group of persons protected under applicable law in cases of defamation (such as the royal family in some jurisdictions).
Exaltation or incitement of violent acts.
Promote bigotry or hatred.
• Promote or support membership in terrorist groups or other organizations prohibited by law.
• Contravene public morality.
Offensive property related to a crime
Photos or objects from a crime scene, such as personal belongings, associated with criminals or with criminal acts. Precious materials
Bulk sales of rare, scarce, or valuable stones or materials.
Culturally protected artifacts
Material covered by the 1970 UNESCO Convention on Measures to Be Taken to Prohibit and Prevent the Illicit Import, Export and Transfer of Property of Cultural Property or other property restricted by law to sale, export or transfer; Artifacts, cave formations (stalactites and stalagmites);
Pyrotechnic devices and dangerous substances that require special permission
Pyrotechnic articles and related goods in markets where their delivery is regulated, as well as substances such as gasoline or propane.
Traffic devices Radars, license plate covers, illegal traffic changers and related products.
Weapons
Firearms, ammunition, and other objects including but not limited to firearms, camouflaged or undetectable knives, martial arts weapons, silencers, ammunition, or ammunition magazines.
Currency and Money
Currency exchange or currencies insured with precious metals, as well as bills, coins, or any other title of value Primary and Secondary School / Use by All underage users reserve the right to reject orders from minors. Additionally, it reserves the right to reject requests in any location around primary or secondary schools, as well as to request accreditation.
enough
Misuse of the platform / Abuse We will not tolerate the use of abusive language as well as abusive attitudes towards our company or towards professionals
independent.
14.Geolocation
One Express may collect, use and share precise data on locations, including the real-time geographic location of the User's computer or mobile device, provided that the User authorizes it. This location data can be collected and used by One Express to show Users the location of the origin of an errand and / or the location of the destination origin. In this sense, Users expressly consent that their geolocation data be shared with other Users and Providers in order to successfully carry out the requested message at all times. Users may choose to deactivate Geolocation on their devices as detailed in the Data Privacy Policy.
It is the responsibility of the User to correctly enter the collection and delivery addresses. In this sense, One Express is not responsible for errors or omissions in the consignment of the same by the User.
15.Obligations of the User
Users are fully responsible for the access and correct use of their profile and other contents of the Platform, subject to current legislation, whether national or international, of the Country from which they use the Platform, as well as the principles of good faith, to morals, good manners and public order. And specifically, it acquires the commitment to diligently observe these General Conditions of Use.
Users will refrain from using their profile and the rest of the contents of the Platform for illegal purposes or effects and that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the Platform, its content and its services. Likewise, it is prohibited to prevent the normal use or enjoyment of the Platform by other Users.
One Express cannot be considered editorial responsible, and expressly declares that it does not identify itself with any of the opinions that may be issued by the Users of the Platform, for whose consequences the issuer of the same is entirely responsible.
Those who fail to comply with such obligations will be liable for any harm or damage they cause. One Express will not be liable for any consequence, damage or harm that may arise from said illegal access or use by third parties.
In general, Users undertake, by way of example and not limited to:
● Not to alter or modify, totally or partially, the Platform, bypassing, deactivating or manipulating any other functions or services of the same;
● Not to infringe the rights of industrial and intellectual property or the regulatory norms of the protection of personal data;
● Not to use the Platform to insult, defame, intimidate, violate one's image or harass other Users; - Do not access the email accounts of other Users;
● Not to introduce computer viruses, defective files, or any other computer program that may cause damage or alterations in the contents or systems of Driver or third parties;
● Do not send massive and / or repetitive emails to a plurality of people, or send email addresses of third parties without their consent;
● Do not carry out advertising actions for goods or services without the prior consent of Driver
The User may unsubscribe from the Platform by communicating it by email through the Contact Form.
17. Liability of One Express
The User is responsible for having the necessary services and equipment for browsing the Internet and for accessing the Platform. In the event of any incident or difficulty in accessing the Platform, the
User can inform One Express through the Contact Form, which will proceed to analyze the incident and give instructions to the User about how to resolve it in the shortest possible time.
One Express does not control nor is it responsible for the content posted by Users through the Platform, and they are solely responsible for the legal adequacy of said content.
One Express will not respond in case of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, nor for Internet network interruptions or for any other reason beyond its control. One Express is not responsible for any security errors that may occur or for any damage that may be caused to the User's computer system (hardware and software), to the files or documents stored therein, as a consequence of:
The presence of a virus in the computer system or mobile terminal of the User that is used to connect to the services and contents of the Platform;
A malfunction of the browser;
The use of non-updated versions of it.
18. Responsibility for content
One Express has no obligation to control and does not control the use that Users make of the Platform and, therefore, does not guarantee that Users use the Platform in accordance with the provisions of these General Conditions of Use, or that they make any use diligent and / or prudent of it. One Express does not have the obligation to verify and does not verify the identity of the Users, not the veracity, validity, completeness and / or authenticity of the data they provide.
One Express excludes any liability for damages of any kind that may be due to the illicit use of the Platform by Users or that may be due to the lack of veracity, validity, completeness and / or authenticity of the information that the Users provide other Users about themselves and, in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party made by a User in any kind of communication made. through the Platform. In particular, One Express is not responsible for the use of the application as well as for the orders that a third party may place from the User's account.
Notwithstanding the foregoing, One Express reserves the right to limit, totally or partially, access to the Platform to certain Users, as well as to cancel, suspend, block or eliminate certain types of content, through the use of suitable technological instruments. for this purpose, if it had effective knowledge that the activity or information stored is illegal or that it damages the property or rights of a third party. In this sense, One Express may establish the necessary filters in order to prevent illegal or harmful content from being spilled on the network through the service. The making available by Users of content through the Platform will imply the transfer in favor of One Express of all exploitation rights derived from the content provided on the Platform.
19. "No guarantee" clause in errands or payments
One Express does not make any confirmation, nor does it validate any Driver or its identity or background. Notwithstanding the foregoing, One Express may eventually carry out additional checks and implement procedures to help verify or verify the identities of the Drivers. In this sense, when a User reaches the status of Driver, it simply indicates that said user has completed the corresponding registration process and has accepted these General Conditions of Use and any other particular conditions that may be applicable. It does not imply certification or endorsement of its reliability, suitability and / or security by One Express.
For this reason, One Express recommends that Clients always use common sense and all their attention when delegating a message to a specific Driver.
By being members of the Platform, Users accept that any legal liability that they intend to exercise as a result of actions or omissions of other Users of the Platform or third parties will be limited to said Users or third parties, and no liability action will be taken against One Express.
20.Update and Modification of the Platform
One Express reserves the right to modify, at any time and without prior notice, these General Conditions of Use, the Privacy Policy and the Cookies Policy. Users must carefully read these General Conditions when accessing the Platform. In any case, the acceptance of the General Conditions will be a prior and essential step to access the services and content available through the Wixrestaurants App Platform.
Likewise, One Express reserves the right to carry out, at any time and without the need for prior notice, updates, modifications or elimination of information contained in its Platform in the configuration and presentation of it and the access conditions, without assuming any responsibility. thus. One Express does not guarantee the non-existence of interruptions or errors in the access of the Platform or its content, nor that it is always updated, however, One Express will carry out, as long as there are no causes that make it impossible or difficult to execute. , and as soon as it has news of the errors, disconnections or lack of updating in the contents, all those tasks aimed at correcting the errors, reestablishing communication and updating the contents.
21.Intellectual Property
One Express is the owner or licensee of all the intellectual and industrial property rights included in the Platform as well as the contents accessible through it. The intellectual property rights of the Platform, as well as: texts, images, graphic design, navigation structure, information and contents that are collected in it are owned by One Express, which corresponds to the exclusive exercise of the exploitation rights of the The same in any form and, especially, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.
Authorization to the User to access the Platform does not imply a waiver, transmission, license or total or partial cession of intellectual or industrial property rights by One Express. It is not allowed to delete, evade or manipulate in any way the contents of the One Express Platform. Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the contents included in the Platform. of One Express for public or commercial purposes, if you do not have the express written authorization of One Express or, where appropriate, of the owner of the corresponding rights.
The User who proceeds to share any type of content through the Platform, ensures that he has the necessary rights to do so, One Express being exempt from any responsibility for the content and legality of the information offered. The provision of content by Users through the Platform will entail the transfer to One Express, free of charge, and with the maximum extent permitted by current legislation, of the exploitation rights of intellectual or industrial property derived from such content. .
22.Independence of the Clauses
If any of the clauses of these General Conditions were null and void or voidable, it will be considered not put. Said declaration of nullity will not invalidate the rest of the Contract, which will maintain its validity and effectiveness between the Parties.
23 Applicable Law
The relationship between ONE EXPRESS and the User will be governed and interpreted in accordance with the General Conditions that in terms of interpretation, validity and execution will be governed by Spanish legislation; and any controversy will be submitted to the Courts of Barcelona, unless the User requests the courts of their domicile of residence.
24. Extrajudicial dispute resolution
Conflicts or controversies that take place outside the European Union will be subject to resolution by the Spanish Court of Arbitration of the Chamber of Commerce.