×

OLUARI TERM OF CONDITION

 

Complete your biodata properly to be able to join our team. Enter data correctly and honestly, the data you enter is guaranteed security

 

USER PROVISIONS

By downloading, installing, and / or using the Oluari Application ("Application"), you agree that you have read, understood and accepted and agreed to these Terms of Use ("Terms of Use"). These Terms of Use constitute a legal agreement between you and Oluari and the Services and Applications (as defined below) apply to your visit and use of our website at http://Oluari .com

 

Please cancel your account (if you have registered for the Application) and permanently delete the application from your device if you do not agree or do not want to enter into the Terms of Use.

 

PLEASE YOU CHECK THE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING THE APPLICATION OR USING OUR SERVICE FOR THE FIRST TIME.

 

GENERAL THINGS

  1. Oluari  is a company established under the laws of Mexico ("we" or "our").
  2. This application is a software application that serves as a means of finding services using a motorcycle provided by a third party (motorcycle taxi driver) ("Service Provider (s)"). This application offers information about services offered by Service Providers. The types of services that can be requested through the Application are:
    • Transportation
    • Food Delivery
    • Health Therapy
    • Personal Expenditures; and
    • Other services we may add from time to time ("Services").
  1. This application allows you to send requests for a Service to a Service Provider. The GPS receiver - which must be installed on the mobile device (smart phone) where you have downloaded the Application - detects your location and sends your location information to the relevant Service Provider. Service Providers have their own and complete policies to accept or reject each of your requests for services. The Service Provider also has its own and overall policy to choose and accept the directions given by the Application. If the Service Provider accepts your request, the Application will notify you and provide information about the Service Provider - including the name of the Service Provider, the vehicle police number, and customer service assessment - and the ability to contact the Service Provider by telephone. This application also allows you to see the progress of the Service Providers towards the pickup point, in real time.
  2. We will make all reasonable efforts to connect you with the Service Provider to obtain the Service, depending on the presence of the Service Provider in or around your location when you order the Service.
  3. TO AVOID DOUBT, WE ARE A TECHNOLOGY COMPANY, NOT A TRANSPORTATION OR COURIER COMPANY AND WE DO NOT PROVIDE TRANSPORTATION OR COURIER SERVICES. We do not employ Service Providers and we are not responsible for any actions and / or negligence of Service Providers. This application is only a means to facilitate the search for services. It is up to the Service Provider to offer services to you and it depends on you whether you will receive a service offer from a service provider.

 

CONDITIONS USING THE APPLICATION

  1. You represent and guarantee that you are an individual who is legally entitled to enter into a binding agreement under the laws of Mexico, specifically the Terms of Use, to use the Application and that you are at least 18 years old or married and not under guardianship. Otherwise, we or the relevant Service Provider, are legally entitled to cancel the agreement made with you. You further declare and guarantee that you have the right, authority and capacity to use the Service and comply with the Terms of Use. If you register on behalf of a legal entity, you also represent and guarantee that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service and Application.
  2. We collect and process your personal information, such as your name, e-mail address, and cell phone number when you register. You must provide accurate and complete information, update the information and agree to provide us with any proof of identity that we can reasonably request. If any personal information you give us changes, for example, if you change your e-mail address, telephone number, or if you want to cancel your account, please update your details by sending your request to us. We will, as far as we can, enforce the requested changes within fifteen (15) business days of receiving the change notice.
  3. You can only use the Application when you have registered for the Application. After you successfully register, the Application will provide you with a personal account that can be accessed with the password you chose.
  4. Only you can use your own account and you promise not to authorize others to use your identity or use your account. You cannot submit or transfer your account to another party. You must maintain the security and confidentiality of your account password and any identification that we provide to you. In the event of a disclosure of your password, in any way, resulting in any unauthorized or unauthorized use of your account or identity, orders received from unauthorized or unauthorized use will still be considered as legitimate orders, except You inform us about it before the Service Provider provides the requested Service.
  5. You can only have one Oluari  account.
  6. Information provided by the Application cannot be interpreted as a suggestion or offer, the decision to use the Service Provider is entirely yours. You are free to choose to use other service providers.
  7. You promise that you will use the Application only for the intended purpose for obtaining the Service. You are not permitted to misuse or use the Application for fraudulent purposes or to cause inconvenience to others or to place false orders.
  8. If you are also a Service Provider, you cannot use your own consumer account (or someone else's consumer account) to place an order that you will receive yourself as a driver.
  9. You are not permitted to harm, change or modify the Application and / or the Website or try to harm, change or modify the Application and / or the Website in any way. We are not responsible if you do not have a suitable device or if you have downloaded the wrong version of the application for your device. We reserve the right to prohibit you from using the Application further if you use the Application with an incompatible / invalid device or for any other purpose other than the intended purpose for use of this Application. You promise that you will only use an access point that is permitted for you to use.
  10. You will maintain confidentiality and will not abuse the information you receive from using the Application. You will treat Service Providers with respect and will not engage in unlawful, threatening or harassing behavior or actions when using their services.
  11. You understand and agree that your use of the Application will also be subject to our Privacy Policy as may be changed from time to time. By using the Application, you also give consent as required under our Privacy Policy.
  12. By providing information to us, you represent that you have the right to provide us with information that we will use and provide to Service Providers.
  13. Application may not be used to search for services for:
    • Transporting and / or obtaining and / or buying goods that are prohibited by the authorized official or goods that require a certain license or permit from the authorized official to be sent;
    • Transporting goods to and from prison;
    • Buy and / or transport pets or other animals;
    • Carrying items with dimensions more than 70cm (length), 50cm (width), 50cm (height) or items weighing more than 20kg;
    • Buying and / or transporting illegal or dangerous goods or stolen goods, including but not limited to items containing dangerous or toxic materials, drugs or illegal / illegal materials; and
    • Buy and / or transport or ship valuable items or goods with a value of more than 15,000.00 Pesos Mexicanos
  1. You must provide us with accurate and complete information about types, sizes, specifications and / or any special characteristics of food or goods that will be delivered by Instant Courier service or purchased with Food Delivery services or Personal Shopping services.
  2. You must properly pack fragile items, such as glass, ceramics, cakes or food, for shipping. Neither we nor the Service Providers will be responsible for any damage, deformation, bending, expiration, decay, odors, spills or other incompleteness of the product during shipping caused by improper packaging / packaging.
  3. Service Providers can ask you to open and show the inside of a package to ensure that the contents are as you stated.
  4. The Service Provider has the right to refuse your order if, according to the Service Provider's personal judgment, he may not be able to deliver goods.
  5. You represent that you have been, are, or will be the legal owner of the goods to be shipped. Goods sent are not stolen or illegally obtained and you agree to safeguard, compensate and release us, and we are not responsible for items sent by Service Providers that might violate applicable laws and regulations.
  6. We and / or the relevant Service Provider have the right to refuse to accept your order if we have a reasonable reason to suspect that you have, or by receiving an order from you, you will violate these Terms of Use or applicable laws and regulations. .
  7. We may, at our sole discretion, provide promotions that can be exchanged for benefits related to the use of the Application. You agree that you will only use the promotion as it is intended and will not abuse, duplicate, sell or divert the promotion in any way. You also understand that promotions cannot be exchanged for cash and can expire on a certain date, even before you use them
  8. For the provisions of the Personal Shopping Service, you certify that the goods to be purchased and delivered by the Service Provider are legal goods and do not violate any laws and regulations in force in any way. You agree to safeguard, indemnify and release us, and we are not responsible for items purchased by the Service Provider on your behalf and given to you that may violate applicable laws and regulations.
  9. You acknowledge and agree to give Service Providers the power and authority to collect goods or food, make a purchase on your behalf for every order in the Instant Courier, Food Delivery, or Personal Shopping service.
  10. You can only place an order for food available in the food menus of restaurants in the Food Delivery service.
  11. We do not guarantee the availability of ordered goods in stores / restaurants and the delivery of fragile / perishable items such as cakes and ice cream.
  12. We are not responsible for the quality of food and / or goods provided by restaurants and / or stores in the Food Delivery and Personal Shopping service.
  13. You acknowledge and understand that the price of food or goods displayed in the Food Delivery or Personal Shopping service is an estimate and may change from time to time.
  14. You agree and acknowledge that you will pay according to the receipt issued by a restaurant or store that is submitted by the Service Provider to you in using the Food Delivery and Personal Shopping service.
  15. We or Service Providers do not guarantee the availability of food or goods in restaurants or stores.
  16. Service Providers will only send alcoholic drinks to customers over the age of 18 years. You agree to show your identity card (KTP) for inspection by the Service Provider upon delivery.
  17. You understand and acknowledge that by selecting yes on the age check-up pop-up page when entering alcoholic beverage stores or adding alcoholic beverages to cart, you ensure that you have exceeded the legal age for consuming alcoholic beverages.
  18. All beers (Bintang and Heineken) at Bintang beer shops (Bintang Store) will be shipped from the nearest store, not directly from Bintang beer stores.
  19. With respect to Transportation Services, you promise that you will wear a helmet provided by your Service Provider during the trip. You also promise that for each Transportation Service, there will only be one passenger from the Service Provider. Service Provider has the right to refuse or cancel a Transportation Service order if he knows that the number of passengers will be more than one person.
  20. Please inform us if you no longer have control over your account, for example your account is somehow hacked or your phone is stolen, so we can cancel your account properly. Please note that you are responsible for using your account and that you may be held liable even if your account is abused by someone else.

 

PAYMENT

  1. Download and / or use of this Application is free of charge. We may introduce a fee for downloading and / or using the Application at any time. We will inform you of this as appropriate so that you can decide whether you want to continue using the Application or not. However, the internet connection required to use the Service, and any related costs (for example mobile data charges) incurred by the use of the Service are your exclusive responsibility and are solely borne by you.
  2. The rates that apply for Services by Service Providers can be found on the Site and through the Application. We may change or update rates from time to time. We will help the Service Provider to calculate costs based on your order and inform you of the fees on behalf of the Service Provider.
  3. You agree that you will pay for the Services provided to you by the Service Provider in full.
  4. Payment can be made in cash or by using your Oluari  Credit. All cash payments must be made in Pesos Mexicanos. Oluari  Credit can be obtained by transferring the amount you want to our bank account in the name of Antonio.
  1. Oluari  Credit is not a savings account and is therefore not included in the regulation by the Mexico Deposit Insurance Corporation (LPS). Because Oluari  Credit can be categorized as e-money based on applicable laws and regulations, the use of Oluari  Credit must comply with applicable laws and regulations.
  2. Your maximum Oluari  Credit is 15,000.00 (Quince Mil Pesos moneda Mexicana) and your maximum total transaction value in a month is 30,000.00 (Trienta Mil Pesos moneda Mexicana)
  3. Oluari  Credit is your funds that can only be used for payments:
    • Instant Courier and Transportation Services provided by Service Providers; and
    • Fees from Service Providers in Personal Shopping services.
  1. Oluari  Credit cannot be used for payments:
    • Fees from Service Providers in Food Delivery services; and
    • Food and / or goods in the Food Delivery and Personal Shopping service.
  1. Oluari  can, from time to time, increase the amount of your Oluari  Credit in your account as part of its promotion (for example, a referral code). However, this is only a value which is equivalent to the value of money based on applicable laws and regulations and cannot be converted into electronic money (e-money).
  2. When you request to use Oluari  Credit as a means of payment for the Service, you hereby acknowledge and agree to give us full power and authority to deduct your Oluari  Credit and transfer money on your behalf to pay for the Services provided by the Service Provider.
  3. Food or goods ordered with the Food Delivery and Personal Shopping service must be paid in cash at the time of delivery of food or goods if the value of food or goods is below 1,500.00 (Mil Quinientos Pesos moneda Mexicana)
  4. Any orders for Food Delivery services or Personal Shopping services for goods or food with a total price of more than 1,500.00 (Mil Quinientos Pesos moneda Mexicana)
  5. must be paid in advance to the Service Provider prior to the execution of the Service.
  6. Fees for Services include applicable taxes.

 

JAMINAN

            We make no representations, guarantees or guarantees for the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, the Website and / or Application software, including but not limited to Services obtained or derived from Service Providers through use of the Application. We do not represent or guarantee that

  1. Use of the Service and / or Application will be safe, timely, without interruption or error free or operating in combination with other hardware, software, systems or data,
  2. Services will meet your needs or expectations,
  3. Any data stored will be accurate or reliable, K
  4. The quality of products, services, information or other materials purchased or obtained by you through the Application will meet your needs or expectations,
  5. Errors or defects in the Application will be fixed, or
  6. Application or server (s) that provides the Application free from viruses or other dangerous components, or
  7. The application tracks you or the vehicle used by the Service Provider. Services provided to you are limited to "as is" basis. All conditions, statements and guarantees, whether express, implied, which are required by law or vice versa, including, but not limited to, implied warranties regarding sale and purchase, suitability for specific purposes, or absence of violation of third party rights, hereby excluded and excluded the highest and maximum limits. You acknowledge and agree that all risks arising from your use of the Service remain solely and are entirely present to you and you will not have the right to claim any compensation from the company.

 

OUR RESPONSIBILITIES

  1. We are not responsible for any injuries, deaths, damage or losses caused by the behavior of the Service Providers. We also are not responsible for errors, including traffic violations, or criminal actions committed by Service Providers during the implementation of the Service. Service Providers are only our partners, not our employees, agents or representatives.
  2. However, we care about the safety of users of the Application and, for personal reasons alone and fully, we are willing to provide financial assistance if the user has an accident, suffers an injury or dies when picked up by a Service Provider. Our assistance only applies from the time the user is picked up by the Service Provider until the user reaches his destination. Please remind the Service Provider if you feel uncomfortable with the way the Service Provider provides transportation services. The amount of financial assistance will be determined based on our policies.
  3. We do not have insurance for the items shipped and therefore if you want the items to be insured during shipping, please contact your insurance provider.
  4. We use appropriate and reasonable technical and security methods to keep the Application safe and free from viruses and errors. However, no matter how effective this technology is, there is no impenetrable security system. Therefore we cannot guarantee the security of our database and we also cannot guarantee that the information you provide will not be held / interrupted while being sent to us.
  5. This application may experience limitations, delays, and other problems that occur in the use of the internet and electronic communication, including devices used by you or the Service Provider damaged, not connected, out of reach, turned off or not functioning. We are not responsible for delays, shipping failures, damage or losses caused by these problems.

 

LIMITATION OF LIABILITY

  1. Any claim against us, in any case by you, will be limited by the total amount actually paid by and / or owed to you when using the Service during the event that caused the claim. In any case we and / or our licensors will not be responsible to you or anyone for costs, interest, damage or loss of any kind or form (including personal injury, emotional disturbance and loss of data, goods, income, profits, use, or other economic benefits). The company and / or its licensors will not be liable for any loss, damage or injury that may be caused by or caused by you or anyone for whom you have ordered the Service, including but not limited to loss, damage or injury arising from, or in any way in connection with the Service and / or Application, including but not limited to the use or inability to use the Service and / or Application.
  2. You expressly waive and release us from any and all obligations, claims or damages arising from or in any way in connection with the Service Provider. The company will not be a party to disputes, negotiating disputes between you and the Service Provider. Responsibility for decisions that you make for the Services found through the Application is the responsibility and is fully attached to and with you. You expressly waive and release us from any and all obligations, demands, causes of action or damage arising from the use of the Service, software and / or Application, or in any way related to Service Providers introduced to you through the Application.
  3. Quality of Service obtained through the use of this Application is entirely the responsibility of the Service Provider who ultimately provides the Service for you. You understand, therefore, that by using this Application, you may be exposed to potentially dangerous, offensive, dangerous transportation for minors, insecure or inappropriate, and that you are using the service at your own risk.

 

 

COMPENSATION

            By using this Application, you agree that you will defend, compensate and release us, our licensors, affiliates, and each of our officers, directors, commissioners, employees, lawyers and agents from and against any and all claims, fees , damages, losses, obligations and fees (including attorneys' fees and costs) arising from or in connection with: (a) your use of the Service and / or Application, your relationship with the Service Provider, third party providers, partners, advertisers and / or sponsor, or (b) violation of or non-compliance with any of the Terms of Use or applicable laws, whether stated herein or not or (c) your violation of the rights of third parties, including third party Service Providers who governed through the Application, or (d) the use or misuse of the Application. This obligation to defend and provide compensation will continue even if your Terms of Use and use of the Site have ended.

 

LICENSING

1. Depending on your compliance with the Terms of Use, we give you limited, non-exclusive, non-transferable, non-transferable, non-sublicensable permission, permission that can be withdrawn to download and install copies of the Application on a single mobile device that you own or control and run copies of the Application solely for your own personal, non-commercial needs

2. You are not allowed

(i) copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, display publicly, reproduce, transmit, transmit, broadcast, describe or disassemble any part of or in other ways who may exploit the Application, except as permitted in these Terms of Use,

(ii) license, sublicense, sell, resell, transfer, transfer, distribute or exploit commercially or make available to third parties Applications and / or software in a way;

(iii) creating an internet "link" to the Application or "frame" or "mirror" of any software on another server or wireless or internet-based device;

(iv) re-engineer or access our software to (a) build rival products or services, (b) build products using ideas, features, functions or graphics similar to the Application, or (c) copy ideas, features, functions or graphics of the Application ,

(v) launch automated programs or scripts, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any other program that may make several server requests per second, or create a heavy burden or hinder the operation and / or performance of the Application,

(vi) use robots, spiders, site search / retrieval applications, or other manual or automated devices or processes to retrieve, index, "data mines" (data mines), or in any way reproduce or avoid the navigation structure or presentation of applications or its contents;

(vii) publish, distribute or reproduce in any way material that is protected by copyright, trademark or other owned information without prior approval from the owner of the property rights,

(viii) remove any copyright, trademark or other proprietary notices contained in the application. There are no licenses or rights granted to you with implications based on intellectual property rights owned or controlled by us or our licensors, except for those licenses and rights expressly granted in these Terms of Use.

3. You

(i) will not send spam or duplicate or unsolicited messages that violate applicable law;

(ii) will not send or store material that violates, obscene, threatens, slanders, or violates the law or is sadistic, including but not limited to material that is harmful to children or that violates the privacy rights of third parties;

(iii) will not send material containing software viruses, worms, Trojan horses or other dangerous computer code, documents / files, scripts, agents or programs;

(iv) does not interfere with or disrupt the integrity or performance of the Application or the data contained therein;

(v) does not attempt to gain unauthorized access to the Application or related systems or networks;

(vi) not impersonate another person or entity or describe yourself as an affiliation of a person or entity; and

(vii) refrain from engaging in actions that might damage our reputation or be considered damaging to our reputation.

4. We will have the right to investigate and prosecute any of the above violations to the extent possible by law. We may involve and cooperate with law enforcement authorities in suing users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Website or Application, but we have the right to do so for the purpose of operating the Website and Application, to ensure compliance with these Terms of Use, or to comply with applicable regulations or orders or requirements of courts, administrative institutions or other government bodies.

 

THINGS RELATED TO INTELLECTUAL PROPERTY

  1. Oluari , including names and logos, Applications and Services, is protected by copyright, trademark and other rights provided under the laws of Mexico. We (and our licensors, as applicable) exclusively own all rights, ownership and interests in and to the Application, including all related intellectual property rights.
  2. Without deviating from our rights under applicable law or the Terms of Use, you are notified that any attempted or actual violation of this provision will result in termination of all your rights under the Terms of Use. If you avoid one of the ways we take to protect services from unauthorized use, you must immediately stop any and all use of the Service, and you agree to do so.

 

TERMINATION

  1. You are under no obligation to use the Application and may choose to stop using it at any time by canceling your account and permanently deleting the application from your device, thus disabling use of the Application. The Terms of Use automatically end when you permanently delete the application from the device.
  2. You can terminate your account by letting us know your intention to cancel your account. We will try to do our best to resolve the termination, including returning your Oluari  Credit (not including the amount obtained from a referral code or other promotion) within 15 (fifteen) working days.
  3. We reserve the right to immediately suspend, limit or stop the Terms of Use and use of the Application if we have reason to suspect that you have violated the provisions of these Terms of Use or the applicable laws and regulations.
  4. If you permanently delete an application or stop using the Application permanently, through notification to us within 14 (fourteen) working days before deletion or termination, your Oluari  Credit balance can be withdrawn, but limited to the value of your electronic money and not including the amount value equivalent to money value. In the case of death, your legal heir with notice to us within 14 (fourteen) working days after death, with a valid statement made in accordance with applicable law or final and binding court decision, can claim the Oluari  balance Your credit, but is limited to the value of your electronic money and does not include an amount equivalent to the value of money.

 

OTHER

  1. Waiver or tolerance or our failure to claim a violation of the provisions of these Terms of Use or to exercise the rights stated by these Terms of Use or applicable law, will not be considered as waivers in connection with subsequent violations of any provisions of these Terms of Use.
  2. These Terms of Use are prepared in English and Spain, both versions will be binding on you and us. In the event of a discrepancy between the Spain language version and the English language version, the Spain language version will prevail.
  3. You cannot transfer or transfer your rights based on the Terms of Use, without our prior written consent. We may transfer our rights based on the Terms of Use to parties solely and absolutely according to our policy.
  4. If there are terms based on the Terms of Use that are deemed invalid, invalid or unworkable, either in whole or in part, based on legislation or statutory provisions, the terms or parts of those terms will, to the extent, be considered not part of the Terms of Use this, but the legality, validity or enforceability of the remaining Terms of Use will not be affected.
  5. These Terms of Use shall be governed by and construed in accordance with the laws of Mexico. Any and all disputes arising from the use of our services will be governed by the exclusive jurisdiction of Mexico.
  6. These Terms of Use can be modified and changed from time to time. We will notify you through the Application and / or email for modification, and / or changes to the Terms of Use. The continued use of the Application after receipt of this notice constitutes your agreement and acceptance of modifications, and / or changes.

 

 

TERMS AND CONDITIONS

  1. Customers are required to provide true and complete information about the types and specifications of goods to be shipped.
  2. Oluari  does not provide special boxes for shipping. The customer is responsible for properly packing the goods to be shipped. For fragile items made of glass, ceramics and including cakes, ice cream, food and fresh flowers, it is recommended that they be specially packaged. Oluari  is not responsible for damage or changes in shape that occur on the delivery of these items.
  3. Oluari  drivers are drivers who have been briefed to drive their vehicles in a safe manner. But customers who use transportation services are responsible for their own safety. Therefore if you feel uncomfortable with the way the Oluari  driver drives his motorcycle, please remind the driver to be more careful.
  4. Oluari  does not provide shipping services for the items included below:
    • Goods that are prohibited by the authorities from being owned or circulated.
    • Delivery of goods to and from prison.
    • Pets.
    • Items whose dimensions are more than 70cm (length), 50cm (width), 50cm (height) or items weighing more than 20 kg.
  1. Oluari  is not directly responsible for accidents involving Oluari  drivers both damage to vehicles and bodily injury caused by the accident. The responsibility for all costs and claims that may arise from the incident will be the personal responsibility of the Oluari  driver. If there is information that can help for the investigation process such as the motor plate number, Oluari  can only assist as a mediator in bringing the two parties together to find a solution to the problem.
  2. Each voucher code can only be used once per account for each promotion. (* Terms and Conditions apply.)