Last modified: 02/May/2021
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
User. - Refers to who makes use of the Devy platform, being duly registered on said platform, who requests the services of transporting food or products generally to messengers registered on the Devy platform. Also Refers to any person who accesses or uses the www.devy.center website and/or the www.devy.xyz site.
Delivery courier. - Refers to the provider of food transportation services or products in general, which has the relevant authorizations from the state and/or federal authorities, as appropriate; that has covered the registration requirements of the Devy service provider platform and that it uses said platform to offer its services to users and/or people related to corporate clients that use the Devy platform.
What is Devy?
Devy is an application for mobile devices and websites that facilitates contact between users and messengers that they may or may not hire each other's services in person. Devy acts only as a link (intermediary) between users or with messengers. Devy is not a transportation company or does it provide transportation services, nor is it a food or store site nor does it allow contracting transport services through Devy, it only puts users and couriers in contact that they may or may not contract each other in person for the provision of various services, whether it is the transportation of food or other products. The messengers They must have all the necessary permits and authorizations for the provision of said services. Devy You can manage the payment of the services if the users and affiliates so wish.
These General Conditions of Use regulate the use of the Devy computer application and from websites www.devy.center and www.devy.xyz (hereinafter, the "Websites"), either with its current name or with any other denomination with which it may appear in the future, TESELIP Tecnologías, Morelia, Michoacán and e-mail address firstname.lastname@example.org (hereinafter “Devy”). The Application is directed exclusively to users residing in the United Mexican States. Users who reside or are domiciled in any other place and who decide to access and/or use this Application do so at their own risk and responsibility and must ensure that such access and/or use complies with applicable local legislation. By accessing and using this Application and Website you ("User") acknowledge that you have read and accepted these General Conditions of Use and agree to comply with all its terms and conditions. Likewise, the User acknowledges and accepts that the access and use of this Application and/or Website will be subject to the General Conditions of Use that are in force at the time they access it. Upps reserves the right to modify these General Conditions of Use at any time, as well as any other general or specific conditions that may apply. Likewise, Upps reserves the right to suspend, interrupt or stop operating the Application and/or the Website at any time.
Through the Application, Devy provides the User with a food or product transfer service in general with a courier (Service). The Application and/or Website provides the User with access to various content, information and data provided by Upps in relation to the Service (Content). Devy reserves the right to modify at any time the presentation, configuration and location of the Application and/or the Website, as well as the corresponding conditions of access and use. Devy does not guarantee that the Content provided through the Application and/or Website will be correct, complete or up-to-date in any case.
Devy acts as an intermediary in its own name in the provision of transport services for food or products in general to the User. It will be the sole responsibility of third-party couriers the provision of transport services that are contracted through the Application and the Service developed by Devy. Devy only makes available to the User a tool to order food or products in general transported by third-party couriers. The User exonerates Devy from any liability arising from the transport service provided by third-party couriers. Likewise, the User releases Devy from any civil or criminal liability. derived from the service provided, since, as mentioned herein, the service is only provided by third-party couriers and not by Devy, who merely behaves as an intermediary.
Use and access
Access to the Application will be limited to persons over 14 years of age. Notwithstanding the foregoing, access to certain content and/or participation in Devy promotions may be limited to adults or emancipated minors, as indicated in each case. In general, the User may access the Application and/or the Website freely and free of charge. The User acknowledges and accepts that the access and use of the Application and/or Website takes place freely and consciously, under their sole responsibility. Devy will not be in any case responsible for the use that the User and/or third parties may make of the Application and/or Website or for the damages that may arise from it.
The User agrees to make appropriate and lawful use of the Application and/or Website in accordance with applicable legislation, these General Conditions of Use, morality and generally accepted good customs and public order. The User must refrain from (1) making unauthorized or fraudulent use of the Application and/or Website; (2) access or attempt to access restricted resources of the Application and/or Website; (3) use the Application and/or Website for illicit or illegal purposes or effects, contrary to what is established in these General Conditions of Use, in good faith and public order, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload or prevent the normal use or enjoyment of the Application and/or Website; (4) cause damage to the Application and/or Website or to the systems of its providers or third parties; (5) introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the systems of Upps, its suppliers or third parties, (6) try to access, use and/or manipulate Upps data, third party providers and other users; (7) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Contents, unless authorized by the owner of the corresponding rights or it is legally permitted; (8) obtain or attempt to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose.
The User may only access the Application through the authorized means. It is the responsibility of the User to ensure that they have downloaded the correct Application on their device. Devy will not be responsible in case the user does not have a compatible device or has downloaded a version of the Application incompatible with his device.
ADDITIONAL CONDITIONS FOR ACCESS AND USE
Access to the Application will be subject in any case to the prior registration of the User by completing the corresponding form (Registration Form), which will be previously provided to the User. Devy reserves the right to freely accept or reject the registration request by the User. The data entered by the User in the Registration Form must be exact, current and truthful at all times.
The access and use of the Application or the specific area of the Website will be subject to a password assigned to the User by Upps when filling out the Registration Form and the access will be deemed to have been made by said User, who will be responsible in any case for such access and use. The User will be responsible at all times for the custody of his password, assuming, consequently, any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of the same. In case of forgetting the password or any other circumstance that supposes a risk of access and/or use by unauthorized third parties, the User will immediately notify Upps so that it proceeds immediately to block and replace it. In any case, any operations carried out before said communication will be considered carried out by the User, who will be responsible and will pay the expenses and/or damages derived from any unauthorized access and/or use that is carried out prior to said communication.
TERMS OF PAYMENT AND BILLING
The rates applicable to the Service of transfer of food or products in general will be charged by Devy automatically according to the distance of the trip, through the credit card data provided by the User in the Registration Form or with cash, as the case may be.
When registering a new payment method or when starting an order Devy You can validate the payment method by authorizing and refunding a symbolic amount.
Fees charged will be non-refundable. The rates and cancellation and compensation expenses, as well as their updates, are available at all times on the Application and/or Website and are subject to possible modifications. The User is obliged to visit the Application and/or Website to find out about any modification to the conditions or rates by Devy, therefore, they cannot claim ignorance of said information, since it will be available at all times.
Likewise, all promotions and discounts, as well as their conditions of use, will be available in the Application and/or Website. Devy reserves the right to restrict the use and recover the amount of promotions, invitations and discounts to those Users who make improper, illegal or abusive use of them. It is strictly forbidden for a user to create different Devy accounts or share an electronic payment method with other users in order to improperly benefit from discounts and invitations, which is considered an abusive use of them. TESELIP Technologies reserves the right to cancel or reduce the value of discounts, invitations and promotions at any time. Finally, the value of the invitations or discounts may be limited to certain categories of vehicles.
CANCELLATIONS AND REFUNDS
The User may cancel an order as long as its status is not accepted by the associated company in question, if the company has already accepted the order, the user may make adjustments but NOT cancel their order. If the order was made with a digital payment method (Card) and the user decides to cancel before the acceptance of the order by the associated company, he You will receive a cancellation penalty of 15% of the order value.
The user may request a refund or clarification regardless of whether their payment method was in cash or by card strictly in the following situations:
a) The order was delivered incomplete and you can present proof of it at the time of delivery
b) The order arrived in poor condition and you can present proof of same at the time of delivery
c) The product that arrived is different from the one requested by the user within the platform
d) The product was delivered to another person and in another delivery address different from the one entered on the platform
All users registered in Devy accept that requesting a clarification and/or refund process will only be processed on the same day of the order, any other request for clarification and/or refund will not be processed or authorized by Devy.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The User acknowledges and accepts that all intellectual and industrial property rights over the contents and/or any other elements inserted in the Application and/or Website (including, without limitation, trademarks, logos, trade names, texts, images, graphics , layouts, sounds, databases, software, flowcharts, presentation, audio and video), belong to Devy.
Devy authorizes the user to use, view, print, download and store the contents and/or elements inserted in the Application and/or Website exclusively for their personal, private and non-profit use, refraining from carrying out any act of decompilation on them. , reverse engineering, modification, disclosure or supply.
Any other use or exploitation of any content and/or other elements inserted in the Application and/or Website other than those expressly provided for herein will be subject to the prior authorization of Devy.
EXCLUSION OF GUARANTEES AND RESPONSIBILITY
Devy does not guarantee the availability and continuity of the operation of the Application and/or Website. Consequently, Dave will not be in any case responsible for any damages that may arise from (1) the lack of availability or accessibility to the Application and/or Website; (2) interruption in the operation of the Application and/or Website or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, in the Internet system or in other electronic systems, produced in the course of their operation; and (3) other damages that may be caused by third parties through unauthorized interference beyond Devy's control.
Devy does not guarantee the absence of viruses or other elements in the Application and/or Website introduced by third parties other than Devy that may cause alterations in the physical or logical systems of the User or in the electronic documents and files stored in their systems. Consequently, Dave will not be in any case responsible for any damages of any nature that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the User.
Devy adopts various protection measures to protect the Application and/or Website and the contents against computer attacks by third parties. However, Dave does not guarantee that unauthorized third parties cannot know the conditions, characteristics and circumstances in which the User accesses the Application and/or Website. Consequently, Dave will not be in any case responsible for the damages that may arise from said unauthorized access.
With the subscription of these General Conditions of Use, you declare that you will leave Devy, its parent company, affiliates, subsidiary directors, partners, employees, lawyers and agents in peace and safe from any claim derived from (1) non-compliance by the User of any provision contained in these General Conditions of Use or any law or regulation applicable to them, (2) non-compliance or violation of the rights of third parties including, by way of example, third-party messengers, other drivers and pedestrians; and (3) breach of the permitted use of the Application and/or Website.
The final provision of the transport service will be at the discretion of the third party courier. In the event that, once the request has been processed by the User, the third-party driver refuses to move the food and/or products in general due to the destination or for any other reason, the User may contact Devy so that, as far as possible, it provides the User with a replacement courier.
Devy will provide the User with a transport service outside the company. Devy will not evaluate the suitability, legality or capacity of said transport service, renouncing the User and exonerating Devy of any obligations, claims or damages arising as a result of the relationship with the third-party messenger. Devy will not become a party to any disputes between the User and the third party driver. Any responsibility or obligation arising from the relationship between the User and the third driver, whether via software or provision of services, rests solely with the User, with all the implications that this entails. Devy will not evaluate the suitability, legality or capacity of said transport service, the User expressly waiving and exonerating Devy from any obligations, claims or damages arising as a result of the relationship between you and the third party, by virtue of the use of the software or its services.
The quality of the transport service for food and/or products in general scheduled through the Application is the responsibility of the third-party courier, which is ultimately the one that offers the transport service to the User.
Therefore, the User understands that (1) with the use of the Application and/or Website and consequently of the transportation service, they may be exposed to receiving food or products in poor physical condition and in any case objectionable, (2) and that said activity is carried out at your own risk and responsibility.
Devy may make the appropriate notifications through a general notification in the Application, through the email address provided by the User in the Registration Form or by regular mail to the address provided by the User in the Registration Form. The User may notify Devy by sending an email to the address email@example.com.
The User may not assign their rights and obligations under these General Conditions of Use without the prior written consent of Devy. Devy may assign, without the need to obtain the prior consent of the User, these General Conditions of Use to any entity included within its group of companies, throughout the world, as well as to any person or entity that succeeds it in the exercise of its business for any titles.
APPLICABLE LAW AND JURISDICTION
These General Conditions of Use, as well as the relationship between Devy and the User, will be governed and interpreted in accordance with the laws of the United Mexican States. The parties agree to submit to the exclusive jurisdiction of the courts and tribunals of the City of Morelia, Michoacán for the interpretation or dispute arising from these General Conditions of Use or the relationship between them.