terms and conditions

TERMS AND CONDITIONS OF USE VOOY RIDES.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES, through the website or the application www.vooyapp.com

VOOY (hereinafter referred to as the Company, as well as «Vooy Rides,» hereinafter referred to as «The Services,» VOOY is a company duly incorporated under the laws of the Mexico with its registered office at the property marked with the number 1620 of Isaac Garza Street in the Centro Oriente, Monterrey, Nuevo Leon, Mexico, as a company, dedicated to the intermediation between the user-customer and the authorized third party carrier, which is hereinafter referred to as «The Services», as well as anyone who accesses, browses or uses the services and sites of VOOY, hereinafter referred to as «user».

Therefore, it is convenient to inform you that by accessing, requesting and/or using the service through the aforementioned application, you accept and are obliged to comply with the Terms and Conditions established herein, and therefore, if you, as a user or client, do not partially or totally agree with such terms and conditions, you will not be able to access the services offered in such application, It is clear that your access to and use of the Service is conditioned on your acceptance and compliance with these Terms and Conditions as these apply to all visitors, users and other persons accessing or using the Service ,so by accessing and using the Services you agree to be legally bound by these Terms and Conditions, which establish a contractual relationship between you, VOOY and the driver providing the service. If you do not accept these Terms, you may not access or use the Services.

These Terms expressly supersede any prior agreements or undertakings with you. In the event of a breach of these Terms and Conditions and/or the Community Guidelines by you, VOOY may deny you access to your account and/or the Services. In addition, VOOY may modify or terminate these Terms and Conditions or any of the Services offered on the application in whole or in part by giving you prior notice through the application and/or email.

Additional conditions may be applied to certain services, including but not limited to policies for a specific event to be held, activities or promotions, on the understanding that such additional conditions will be communicated and notified to you in relation to the Services to which they apply, and that you have the right to refuse to participate in them at any time. The Additional Terms are set out in addition to these Terms and Conditions and shall be deemed to be a part of these Terms and Conditions for the purposes of the applicable Services. The aforementioned additional conditions shall prevail over these Terms and Conditions in the event of any conflict with respect to the applicable Services.

By means of prior notification through the application and/or by e-mail, VOOY may modify the Conditions relating to the Services when it considers it appropriate. Modifications will be effective upon posting by VOOY of such updated Terms on this location or the modified policies or additional Terms on the applicable Service. Your access to or continued use of the Services after such posting constitutes your consent to be bound by the Terms as modified.

Our collection and use of personal information in connection with the Services is as set forth in the VOOY Privacy Policy, available at http://www.vooyapp.com/politicas-de-privacidad/. VOOY may provide a claims processor (including your contact information) with the case if there is a complaint, dispute or conflict, which may involve between the driver providing the service and you or between you and VOOY and such information or data is necessary to resolve the complaint, dispute or conflict.

In order for You, the User or Customer, to have a clear description of the services that the Company offers through VOOY, when choosing the product or services required, a description of these services will be given immediately:

SERVICES

VOOY RIDES is a service related to the hiring of private transportation for people with an executive level of attention, both in the local area of the Metropolitan area of Monterrey and other municipalities of the State, as well as to various destinations in Mexico and, if necessary, to the United States or Canada leaving from any part of Mexico through the VOOY application, For which the User-customer when hiring this type of service, the company, through VOOY, offers you this service considering a plus of quality, security and confidence through serious, presentable, educated and honest personnel that offers an executive treatment to our clients, in worthy, comfortable, clean, air-conditioned and modern units of transportation, in order to guarantee the comfort and convenience during the service.

The Services constitute a technology platform that allows users of VOOY mobile applications or websites provided as part of the Services to organize and plan transportation and/or logistics services with independent third party providers of such services, including independent third party carriers and independent third party logistics providers, pursuant to an agreement with VOOY with some of these certain affiliates as («Third Party Providers»), as well as any other means of individual transportation or shared mobility. Unless accepted by VOOY through a separate written contract with you, the Services are made available only for your personal, non-commercial use. You acknowledge that VOOY is not a carrier, but acts as an intermediary between the user-customer and the authorised third party carrier, with the respective concession granted by the transport authorities, in order to provide you only Safe transportation in quality vehicles, attended by drivers with a good presentation and give an executive treatment that provides security and confidence to the user.

RESTRICTIONS

You won’t be able to: (i) remove any copyright, trademark or other proprietary notices from any part of the Services; (ii) reproduce, modify, prepare derivative works of, distribute, license, lease, resell, transfer, publicly display, publicly perform, transmit, retransmit or otherwise exploit the Services, except as expressly permitted by VOOY; (iii) decompile, reverse engineer or disassemble the Services, except as permitted by applicable law; (iv) link to, mirror or frame any part of the Services; (v) cause or launch any program or script for the purpose of extracting, indexing, analyzing or otherwise probing data from any part of the Services or unduly burdening or blocking the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or damage any aspect of the Services or their related systems or networks.

THIRD PARTY SERVICES AND CONTENT.

The Services may be made available or accessible in connection with third-party services and content (including advertising) that VOOY does not control. You acknowledge that different Terms and Privacy Policies may apply to your use of such third party services and content. VOOY does not endorse such third-party services and content and in no event will VOOY be liable for any products or services of such third-party providers. In addition, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their respective international subsidiaries or affiliates will be third party beneficiaries under this Agreement if you access the Services using Applications developed for iOS-enabled mobile devices, Android, Microsoft Windows, respectively. These third party beneficiaries are not a party to this agreement and are not responsible for the provision of or support for the Services in any way. Your access to the Services using these devices is subject to the terms set forth in the applicable third-party beneficiary terms of service.

OWNERSHIP

The Services and all rights relating are and shall remain the property of VOOY or its licensors. None of these Terms or your use of the Services transfers or grants you any rights: (i) to or in connection with the Services, except for the limited license granted above; or (ii) to use or reference in any manner the company names, logos, product and service names, trademarks or service marks of VOOY or its licensors or any derivative names, and by accessing the VOOY website, you further assume and acknowledge that VOOY owns all intellectual property rights in certain photographs and materials which may be used by you upon registration with the application of VOOY. Accordingly, you agree that you may not use such photographs or materials with any third party other than VOOY without prior written consent from VOOY.

FORM OF USE OF THE SERVICES

USER.

In order to use most aspects of the Services, you must register and maintain an active personal user account for the Services («Account»). To obtain an Account you must be at least 18 years old, or the legal age of majority in your jurisdiction (if different from 18). Account registration requires you to provide VOOY with certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card or an accepted payment partner). You agree to keep the information in your Account accurate, complete and up to date. Failure to keep Account information accurate, complete and up to date, including having an invalid or expired payment method, may result in your inability to access and use the Services or in VOOY terminating these Terms with you. You are responsible for all activity that occurs on your Account and you agree to keep your Account username and password secure and secret at all times. Unless otherwise permitted by VOOY in writing, you may only hold one Account.

USER REQUIREMENTS AND CONDUCT.

The Service is not available for use by persons under the age of 18. You may not authorize others to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from third party providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and may only use the Services for legitimate purposes (e.g., not for the transportation of illegal or dangerous materials). In using the Services, you will not cause hindrance, inconvenience, or damage to property, either to the Third Party Provider or to any other party. In some cases, you may be required to provide an identity document or other identity verification element for access to or use of the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide the identity document or identity verification element.

PROVISION OF THE SERVICES.

You acknowledge that some of the Services may be made available under various VOOY brands or ordering options associated with transportation or logistics services, including but not limited to, transportation and/or vehicle order brands necessary to provide quality service from among the which you will be able to choose the transport service that suits your needs, through the services called «Vooy Rides»,

«VOOY ECONOMIC», (BASIC)

«VOOY VIP» (BMW, MERCEDES)

«VOOY EXTRA», (LARGE SIZE)

«VOOY CARE», (WHEELCHAIR)

«VOOY LUXURY»

«VOOY SOS» (AMBULANCE)

«VOOY HELP»

By entering our site you agree and acknowledge that the Services may be made available to you under such transportation options, and in connection with your request, VOOY will provide such service, through its affiliates, to independent third party providers, including drivers of transportation network companies, charter party holders, or holders of similar transportation permits, authorizations or licenses.

Because at VOOY we know that pets are also part of the family, that is why we also offer the PET FRIENDLY service. To access this service, all you have to do is enter the application, select a category of trip and then activate the «pet friendly» option once it has been done, you will have to place the details of the trip so that the driver can go to the point of origin and final destination.

It should be noted that this service is only available for pets within the category «domestic pets» that do not represent an imminent risk to people and that, in accordance with the corresponding legislation on the subject, do not represent any danger to people, require a special permit for their transfer or are in danger of extinction.

Rules:

1.- The pet must always be a healthy domestic animal allowed to be possessed.

2.- At all times during the transfer, the pet must be on a leash and accompanied by an adult who is responsible for the control of the pet.

3.- The pet must always travel in the back seat of the vehicle.

4 .- If necessary, the owner or companion of the pet must carry a carrier or a protector (blanket or towels) to prevent any incident of dirt that the pet could cause the vehicle during the transfer.

5.- The pet must be clean and dry at the time of transfer.

6.- Make sure that during, if possible, or once the corresponding transfer of your pet has been completed, the dirt it may have caused is cleaned off the transporting vehicle in order to avoid including any additional cleaning costs in your bill or fee.

TEXT MESSAGES.

By creating an Account, you agree that the Services may send you informational text messages (SMS) as part of the normal business activity of your use of the Services. You may request not to receive informational text messages (SMS) from VOOY at any time by going to baja@vooyapp.com and stating that you no longer wish to receive such messages, along with the telephone number of the mobile device receiving the messages. You acknowledge that requesting not to receive informational text messages (SMS) may affect your use of the Services.

PROMOTIONAL CODES.

VOOY may, in its sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to the Services and/or the services of a Third Party provider, subject to any additional terms and conditions that VOOY may establish based on each promotional code («Promotional Codes»). You agree that the Promotional Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), unless with the permission of VOOY; (iii) may be voided by VOOY at any time for any reason without liability to VOOY; (iv) may be used only in accordance with the specific terms that VOOY establishes for such Promotional Code; (v) are not valid as cash; and (vi) may expire before you use them. VOOY reserves the right to withhold or deduct credit or other items or benefits obtained through the use of Promotional Codes by you or any other user in the event that VOOY determines or believes that the use or redemption of the Promotional Codes was erroneous, fraudulent, illegal or in violation of the terms of the Promotional Code or these Terms.

CONTENT PROVIDED BY THE USER.

VOOY may allow you, where appropriate, to submit, upload, post or otherwise make available to VOOY, through the Services, text, audio and/or visual content and information, including comments and feedback regarding the Services, initiation of support requests, as well as submission of entries for competitions and promotions («User Content»). All User Content provided by you will remain your property. However, by providing User Content to VOOY, you grant VOOY a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works from, distribute, publicly display and perform, to publicly display or otherwise exploit such User Content in any format or distribution channel, now known or hereafter devised (including in connection with the Services and VOOY’s business and on third party sites and services), without further notice or consent from you and without payment to you or any other person or entity.

You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or that you have all rights, licenses, consents and permissions necessary to grant VOOY the license to the User Content as set forth above and (ii) neither the User Content nor its submission, uploading, posting or otherwise making available of such User Content, nor VOOY’s use of the User Content as permitted herein, will infringe, misappropriate or violate any third party’s intellectual property or proprietary rights or rights of publicity or privacy or result in a violation of any applicable law or regulation.

You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive, as determined by VOOY, in its sole discretion, whether or not such material is protected by law. VOOY may, in its sole discretion and at any time and for any reason, without notice to you, review, monitor or remove User Content, but is not obligated to do so.

NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the necessary data network access to use the Services. Your mobile network data and message fees and charges may apply if you access or use the Services from a wireless device, and you are responsible for those fees and charges. You are responsible for purchasing and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto. VOOY does not guarantee that the Services, or any part thereof, will work on any particular hardware or device. In addition, the Services may be subject to malfunctions or delays inherent in the use of the Internet and electronic communications.

PAYMENT

You understand that your use of the Services may result in charges for the services or goods you receive from a Third Party provider («Charges»). After you have received the services or obtained the goods through use of the Services, VOOY, as a limited collection agent, will facilitate payment of the applicable Charges on behalf of the Third Party provider. Payment of the Charges in such manner shall be deemed to be payment made directly by you to the Third Party Provider. Charges will include applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by VOOY. VOOY will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or asset.

Charges may include other applicable fees, tolls and/or surcharges, including but not limited to application fees, municipal, state or national/federal fees or charges, late fees, airport surcharges or processing fees for installment payments.

Visit http://www.vooyapp.com/tarifas/ for more information on estimated fares for your travel at your particular location.

All Fees are due immediately and payment will be facilitated by VOOY, using the preferred payment method indicated in your Account, after which Vooy Rides will email you a receipt. If it is determined that the payment method on your Primary Account has expired, is invalid or is otherwise not suitable for charging you, you agree that VOOY, as the Third Party Provider’s limited collection agent, may use a secondary payment method on your Account, if available.

VOOY reserves the right to remove and/or modify the Charges for any or all services or goods obtained through the use of the Services, at your request. In addition, you acknowledge and agree that applicable Charges in certain geographic areas may increase substantially during periods of high demand. VOOY will use reasonable efforts to inform you of the Charges that may apply, provided that you are responsible for the Charges incurred on your Account, whether or not you are aware of such Charges or the amounts thereof. VOOY may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts being charged for these or similar services or goods obtained through use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, will not be considered in your use of the Services or the Charges applied to you. You may choose to cancel your request for the services or goods from a Third Party Provider at any time prior to the arrival of that Third Party Provider, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. VOOY does not designate any portion of your payment as a gratuity or gratuity to the Third Party Provider. Any representation by VOOY (on the VOOY website or in VOOY marketing materials) that tipping is «voluntary,» «not required,» and/or «included» in the payments you make for the services or goods provided is not intended to suggest that VOOY provides additional amounts, other than those described above, to the Third Party provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Services, you are under no obligation to do so. Gratuities are voluntary. After you have received the goods or services obtained through the Service, you will have the opportunity to rate your experience and leave additional comments about the Third Party Provider.

REPAIR FEES, CLEANING FEES OR CHARGES FOR FORGOTTEN ITEMS

In the event that use of the Services and/or use of Your Account results in damage to or cleaning charges for the Third Party Provider’s vehicle, You will be responsible for the cost of repairing such damage or cleaning necessary for the Third Party Provider’s vehicles and property caused by use of the Services on Your Account in excess of the damage considered normal for «wear and tear» and necessary cleaning («Repair or Cleaning»).

In the event, a Third Party Provider reports to VOOY the need for repair or cleaning and these are duly credited by the Third Party Provider, you expressly agree and consent to have VOOY debit your account as the Third Party Provider’s payment facilitating agent for the reasonable cost of such repair or cleaning on behalf of the Third Party Provider using the payment method indicated on your Account, the foregoing, in accordance with the values set forth below. Such amounts, as well as any charges for the return of forgotten items, will be transferred by VOOY to the relevant Third Party Provider and are not refundable.

Values for charges made to you for cleaning or returning forgotten items can be found at http://www.vooyapp.com/tarifas-de-limpieza-y-objetos-perdidos/ and may be updated by VOOY at any time.

SUPPORT; DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

SUPPORT

VOOY provides support 365 days a year, in case you need it. To receive support, you can access the «Help» section, located in the main menu of the application or through the website support@vooyapp.com. It is important to mention that VOOY has Community Guides, to which all those who use the application must adhere.

The limitations and disclaimer in this section are not intended to limit liability or alter your rights as a consumer that cannot be excluded under applicable law

WAIVER

Services are provided on an «as is» and «as available» basis. VOOY disclaims all representations and warranties, express, implied or statutory, not expressly set forth in these conditions, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, VOOY makes no representation or warranty regarding the reliability, timeliness, quality, suitability or availability of the services or any of the services or goods ordered through the use of the services, or that the services will be uninterrupted or error-free. VOOY does not guarantee the quality, suitability, safety or ability of the third party providers. You agree that any risk arising from your use of the Services and any services or or requested in connection with those will be yours only, to the fullest extent permitted by applicable law.

LIMITATION OF LIABILITY.

VOOY shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, loss of data, personal injury or property damage, or for damages relating to, or in connection with, or otherwise arising out of any use of the services, even if VOOY has been advised of the possibility of such damages. VOOY shall not be liable for any damage, liability or loss arising from: (i) Your use or reliance on the Services or your inability to access or use the Services; or (ii) Any transaction or relationship between you and any third party provider, even if VOOY has been advised of the possibility of such damages. VOOY will not be liable for any delay or failure to perform resulting from causes beyond VOOY’s reasonable control.

In no event shall VOOY’s total liability to you in connection with the services for all damages, losses and judgments exceed $500.00 Pesos 00/100 National Currency.

You may use the services of VOOY to request and plan transportation, goods or logistics services with third party providers, but you agree that VOOY has no liability to you in connection with any transportation, goods or logistics services provided to you by third party providers other than as expressly set forth in these terms.

INDEMNITY.

You agree to hold harmless and respond to VOOY and its directors, officers, employees and agents for any claims, demands, losses, liabilities and expenses (including attorneys’ fees) arising from: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) VOOY’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

DIRECT CONFLICT RESOLUTION

In the event that you have any problem with the use of the Services and/or consider that any part of these Conditions is not being observed or complied with by VOOY and/or the Third Party provider, or if any difference arises between the Parties arising from or related to these Conditions, you accept that the process to be followed consists of communicating such situation through the section located in the main menu of the application called «trips» and «Help» or directly in the «Help» section in the main menu or otherwise through the website www.vooyapp.com for the purpose of analysing and resolving the specific case.

In the event that you consider that the resolution of the case is not in your best interest, the Parties agree that such dispute shall be definitively resolved in accordance with the following:

Unless otherwise specified herein, these Terms shall be governed by and construed exclusively under the laws of Mexico, excluding its conflict of laws rules. Any dispute, controversy, claim or controversy of any kind whatsoever arising out of or relating in any substantial part to these Terms, including those relating to their validity, interpretation and enforceability (any «Dispute»), shall be submitted to mandatory mediation procedures before the competent legal bodies.

OTHER PROVISIONS

All claims of copyright infringement should be delivered to VOOY’s designated agent. Please visit VOOY’s website at www.vooyapp.com for designated addresses and additional information.

NOTIFICATIONS.

VOOY may provide notice by means of a general notification on the Services, by e-mail to your e-mail address on your Account or by written communication sent to your address as provided in your Account. You may notify VOOY by written communication to the address set forth as VOOY’s address in these terms and conditions.

TERMS AND CONDITIONS OF USE OF VOOY DELIVERY

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES, through the website or the application www.vooyapp.com

VOOY (hereafter referred to as the Company, as well as «Vooy Delivery,» hereafter referred to as The Services, VOOY is a company duly incorporated under the laws of Mexico with domicile in the property marked with the number 1620 of the street Isaac Garza, Centro Oriente, Nuevo Leon, Mexico, as a company, dedicated to the intermediation between the user-customer and the authorized third party carrier, which is hereinafter referred to as «The Services», as well as anyone who accesses, browses or uses the services and sites of VOOY, hereinafter referred to as «the user».

Therefore, dear User, it is convenient to make it known that by accessing, requesting and/or using the service through the aforementioned application, you accept and are bound by the Terms and Conditions set forth herein, so that you, as a user or client, are not partially or totally in agreement with such Terms and Conditions, you will not be able to access the services offered in such Application, It is understood that your access to and use of the Service is conditioned on your acceptance and compliance with these Terms and Conditions as they apply to all visitors, users and other persons accessing or using the Service, so by accessing and using the Services you agree to be legally bound by these Terms and Conditions, which establish a contractual relationship between you and VOOY. If you do not accept these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or undertakings with you. In the event of a breach of these Terms and Conditions and/or the Community Guidelines by you, VOOY may refuse to grant you access to your account and/or the Services. In addition, VOOY may modify or terminate these Terms and Conditions or any of the Services offered on the application in whole or in part by giving you prior notice through the application and/or email.

Additional conditions may apply to certain Services, including, but not limited to, policies for a specific event to be held, activities or promotions, on the understanding that such additional conditions will be communicated and notified to you in relation to the Services to which they apply, and that you have the right to refuse to participate in them at any time. The additional conditions are set out in addition to these Terms and Conditions and shall be deemed to be a part of these Terms and Conditions for the purposes of the applicable Services. The above-mentioned additional conditions shall prevail over these Terms and Conditions in the event of any conflict with respect to the applicable Services.

By giving prior notice through the application and/or by e-mail, VOOY may amend the Terms and Conditions relating to the Services as it sees fit. Modifications will be effective upon publication by VOOY of such updated Terms and Conditions in this location or the modified policies or additional conditions on the applicable Service. Your access to or continued use of the Services after such posting constitutes your consent to be bound by the Terms as modified.

Our collection and use of personal information in connection with the Services is as set forth in the VOOY Privacy Policy, available at http://vooyapp.com/politicas-de-privacidad/. VOOY may provide a claims processor (including your contact information) with the case if there is a complaint, dispute or conflict, which may involve between the driver providing the service and you or between you and VOOY and such information or data is necessary to resolve the complaint, dispute or conflict.

SERVICES

VOOY DELIVERY , is a site or application relating to the contracting of a third party supplier for the private transport of products, objects and/or goods (hereinafter referred to as «THE LOAD»), which are lawful and capable of being transported, i.e., that correspond to those NOT prohibited by the Mexican legislation and/or of the country to which their destination corresponds, considering in addition in this manifestation of the client that these neither correspond to those considered like Enervantes and/or hallucinogenic substances or objects like firearms and/or explosives or dangerous materials, prohibited by the corresponding legislation, The Services therefore constitute a technology platform that enables users of VOOY’s mobile application or websites provided as part of the Services to organize and plan transportation and/or logistics services with independent third-party providers of such services, including independent third-party carriers and independent third-party logistics providers, pursuant to an agreement with VOOY with some of these affiliates («Third Party Providers»), as well as to organize and schedule access to and use of light electric vehicles, including, without limitation: bicycles, electric or motor-assisted bicycles, skateboards, electric scooters and any other means of individual or shared transportation. Unless accepted by VOOY through a separate written contract with you, the Services are made available only for your personal, non-commercial use. YOU ACKNOWLEDGE THAT VOOY DOES NOT PROVIDE TRANSPORTATION SERVICES IN ITS OWN VEHICLES, BUT THAT ITS LOGISTICS FUNCTIONS AS A COMPANY PROVIDING TRANSPORTATION SERVICES FOR GOODS, PRODUCTS AND ITEMS SUBJECT TO TRANSPORTATION LAWS AND THAT SUCH TRANSPORTATION SERVICES ARE PERFORMED THROUGH VEHICLES PROVIDED BY THIRD PARTIES OR LOGISTICS ARE PROVIDED BY INDEPENDENT CONTRACTORS.

PROHIBITION OF ILLEGAL PRODUCTS, GOODS AND OBJECTS

By accepting the service of VOOY DELIVERY, the client recognizes that the Company that owns the application, acts in a legal manner in addition to being a legal person of GOOD FAITH, duly constituted and registered to provide the service offered, so by accepting this, the client also understands that from that moment, will be stating, under protest to tell the truth, that the products you want the Company to transfer are products, objects and/or merchandise that are licit and susceptible to be transported, that is to say, that correspond to those NOT prohibited by the Mexican legislation and/or of the country to which their destination corresponds, considering in addition in this manifestation of the client that these neither correspond to those considered like Enervantes and/or hallucinogenic substances or objects like firearms and/or explosives or dangerous materials, prohibited by the corresponding legislation.

DECLARATION UNDER PROTEST OF TRUTH, BY THE CLIENT, ABOUT THE PROPERTY OF THE PRODUCTS, GOODS AND OBJECTS, FOR WHICH THE SERVICE IS REQUESTED

The client acknowledges that the products, goods or objects he wishes to transport through VOOY are his property, and therefore the client assumes sole and total responsibility for them, in the event that they fit in or are considered to be prohibited by the corresponding legislation, as well as for being designated as illegal, by some authority in the exercise of their respective functions, so the customer, releases or will release from this moment of any responsibility to both VOOY and the Company and its staff, of the charges that could be made in respect of the Cargo owned by the Customer User.

DELIVERY AND RECEPTION OF THE CARGO, BY THE FINAL CONSIGNEE

Once the present Terms and Conditions are accepted by the client, said shipment will be programmed indicating the day and hour in which it will be made, being the client obliged to inform or agree with the person or persons as final addressee, they must receive the product of said shipment.

RE-PROGRAMMING OF THE DELIVERY AND RECEPTION OF THE LOAD IN CASE THE FINAL ADDRESSEE IS NOT FOUND AT THE ADDRESS INDICATED FOR THE DELIVERY.

In case the person or persons as final addressee are not at the address indicated, this shipment will be re-scheduled within 5 days, so that at the discretion of the company may set an extra or additional cost for this service.

STORAGE AND FINAL DESTINATION OF THE PRODUCTS OF THE LOAD THAT FOR TWO OCCASIONS HAS NOT BEEN ACHIEVED ITS DELIVERY AND RECEPTION.

If, for reasons attributable to the user-customer, the shipment for which the service was requested could not materialise because the final recipient was not found on at least two occasions at the indicated address, the corresponding product will be deposited in the warehouse owned by the «Company», located in the same address indicated in these terms, where it will be available to the customer, so that within 15 days it can be removed or collected from these facilities during office hours between 09:00: 00 hours to 15:00 hours, with its due official identification (voter registration card or valid passport), the above with the understanding that in the event that such product is not claimed or received within the aforementioned period, it will be understood that the customer gives authorization and tacit consent for the Company to proceed to the destruction of the product for which the transportation or shipping service was requested.

NON-EMPLOYMENT RELATIONSHIP BETWEEN THE DRIVERS OF THE VOOY DELIVERY SERVICE AND THE COMPANY.

It is made known to the user-customer that although VOOY and the owner company that represents it are responsible for the brokerage service that is offered and provided, there is no employment relationship, direct or indirect, to the drivers of the vehicles through which the service is offered and provided, therefore, not applicable laws and regulations such as Labor Law, Social Security Law and its Regulations.

LICENSE

Subject to your compliance with these Terms, VOOY grants you a limited, non-exclusive, non-sublicensable, revocable, temporary, non-transferable license to: (i) the access to and use of the application on your personal device only in connection with your use of the Services; and (ii) the access to and use of any content, information and related materials that may be made available through the Services, in each case for your personal, non-commercial use only. VOOY and its licensors reserve any rights not expressly granted herein.

RESTRICTIONS

You won’t be able to: (i) remove any copyright, trademark or other proprietary notices from any part of the Services; (ii) reproduce, modify, prepare derivative works of, distribute, license, lease, resell, transfer, publicly display, publicly perform, transmit, retransmit or otherwise exploit the Services, except as expressly permitted by VOOY ; (iii) decompile, reverse engineer or disassemble the Services, except as permitted by applicable law; (iv) link to, mirror or frame any part of the Services; (v) cause or launch any program or script for the purpose of extracting, indexing, analyzing or otherwise probing data from any part of the Services or unduly burdening or blocking the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or damage any aspect of the Services or their related systems or networks.

PROVISION OF SERVICES

You acknowledge that portions of the Services may be made available under various brands or ordering options of VOOY associated with transportation or logistics services, including, but not limited to, the brands of motor, electric or light duty vehicles and/or transportation orders, currently referred to as VOOY DELIVERY

«VOOY WALKER»

«VOOY BIKE»

«VOOY MOTORCYCLE»

«VOOY AUTOMOBILE»

«VOOY SPECIALTY VEHICLES»

-Trucks

-Trailer

-Ambulance

-Plane

You further acknowledge that the Services may be made available under such marks or ordering options by or in connection with: (i) certain subsidiaries or affiliates of VOOY; or (ii) independent third party providers, including drivers of transportation network companies, charter party holders or similar transportation license, authorization or permit holders.

THIRD PARTY SERVICES AND CONTENT

The Services may be made available or accessible in connection with third-party services and content (including advertising) over which VOOY has no control. You acknowledge that different Terms and Privacy Policies may apply to your use of such third party services and content. VOOY does not endorse such third-party services and content and in no event will VOOY be liable for any products or services of such third-party providers. In addition, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their respective international subsidiaries or affiliates will be third party beneficiaries under this Agreement if you access the Services using Applications developed for iOS-enabled mobile devices, Android, Microsoft Windows, respectively. These third party beneficiaries are not a party to this agreement and are not responsible for the provision of or support for the Services in any way. Your access to the Services using these devices is subject to the terms set forth in the applicable third-party beneficiary terms of service.

OWNERSHIP

The Services and all rights relating thereto are and shall remain the property of VOOY or its licensors. None of these Terms or your use of the Services transfers or grants you any rights: (i) on or in connection with the Services, except for the limited license granted above; or (ii) to use or reference in any way the company names, logos, product and service names, trademarks or service marks of VOOY or its licensors.

FORM OF USE OF SERVICES

USER ACCOUNTS

USER REQUIREMENTS AND CONDUCT

The Service is not available for use by persons under the age of 18. You may not authorize others to use your Account, nor may you assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes (e.g., not for the transportation of illegal or dangerous materials). In using the Services, you will not cause hindrance, inconvenience, or damage to property, either to the Third Party Provider or to any other party. In some cases, you may be required to provide an identity document or other identity verification element for access to or use of the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide the identity document or identity verification element.

TEXT MESSAGES

PROMOTIONAL CODES

VOOY may, in its sole discretion, create promotional codes that may be redeemed for Account credit or other items or benefits related to the Services and/or the services of a Third Party provider, subject to any additional terms and conditions that VOOY establishes based on each promotional code («Promotional Codes»). You agree that the Promotional Codes (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), unless with the permission of VOOY; (iii) may be voided by VOOY at any time for any reason without liability to VOOY; (iv) may be used only in accordance with the specific terms that VOOY establishes for such Promotional Code; (v) are not valid as cash; and (vi) may expire before you use them. VOOY reserves the right to withhold or deduct credit or other items or benefits obtained through the use of Promotional Codes by you or any other user in the event that VOOY determines or believes that the use or redemption of the Promotional Codes was erroneous, fraudulent, illegal or in violation of the terms of the Promotional Code or these Terms.

CONTENT PROVIDED BY THE USER.

NETWORK ACCESS AND DEVICES.

PAYMENT

You understand that your use of the Services may result in charges for the services or goods you receive from VOOY, and payment for these services or goods will be considered as payment made directly by you to VOOY as well as to the Third Party Provider. Charges will include applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by VOOY. VOOY will respond accordingly to any request from a Third Party Provider to modify Charges for a particular service or asset, and charges may include other applicable fees, tolls and/or surcharges, including but not limited to application fees, municipal, state or national/federal fees or charges, late fees, airport surcharges or processing fees for installment payments.

Visit http://www.vooyapp.com/tarifas/ for more information on estimated fares for your travel at your particular location.

All Fees are due immediately and payment will be facilitated by VOOY using the preferred payment method indicated on your Account, after which VOOY will email you a receipt. If it is determined that the payment method on your Primary Account has expired, is invalid, or is otherwise not suitable for charging you, you agree that VOOY, as the collection agent, may use a secondary payment method on your Account, if available.

VOOY reserves the right to remove and/or modify the Charges for any or all services or goods obtained through the use of the Services, at your request. In addition, you acknowledge and agree that applicable Charges in certain geographic areas may increase substantially during periods of high demand. VOOY will use reasonable efforts to inform you of the Charges that may apply, provided that you are responsible for the Charges incurred on your Account, whether or not you are aware of such Charges or the amounts thereof. VOOY may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts being charged for these or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, will not be considered in your use of the Services or the Charges applied to you. You may choose to cancel your order for VOOY services or goods at any time prior to receiving the service, in which case you may be charged for the costs associated with the services that were provided prior to your cancellation and a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided, VOOY does not designate any portion of your payment as a gratuity or gratuity to the Third Party Provider. Any representation by VOOY (on the VOOY website or in VOOY marketing materials) that tipping is «voluntary,» «not required,» and/or «included» in the payments you make for the services or goods provided is not intended to suggest that VOOY provides additional amounts, other than those described above, to the Third Party provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Services, you are under no obligation to do so. Gratuities are voluntary. After you have received the goods or services obtained through the Service, you will have the opportunity to rate your experience and leave additional comments about the Third Party Provider.

SUPPORT; DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.

SUPPORT

The limitations and disclaimer in this section are not intended to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

WAIVER.

The services are provided on an «as is» and «as available» basis. VOOY disclaims all representations and warranties, express, implied or statutory, not expressly set forth in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, VOOY makes no representation or warranty regarding the reliability, timeliness, quality, suitability or availability of the services or any of the services or goods ordered through the use of the services, or that the services will be uninterrupted or error-free. VOOY does not guarantee the quality, suitability, safety or ability of the third party providers. You agree that the entire risk arising from your use of the Services and any services or goods ordered in connection therewith is solely with you, to the fullest extent permitted by applicable law.

LIMITATION OF LIABILITY.

Anti-Corruption

During the term of this Agreement, You declare to comply with the applicable legislation on the Prevention of Money Laundering in Mexico and Anti-Corruption, including the Foreign Corrupt Practices Act. Likewise, You shall not, directly or indirectly, pay, grant, offer, promise or authorize payments or deliver objects of value for the benefit of third parties, including, without limitation, government agents, for the purpose of corrupting any decision of such third party, inducing the third party to act in bad faith and in breach of its obligations, or inducing the third party to influence, in an illegal manner, any act or decision on another person or entity; the foregoing, for the purpose of obtaining or maintaining business operations or to gain an undue advantage in relation to this Agreement.

Similarly, You declare that all of Your resources are of lawful origin, that You will comply with the regulations and obligations regarding the prevention of money laundering and that You will keep the VOOY Company free of any breach in this respect.

You agree that VOOY may terminate the Agreement immediately if it identifies any breach by You of this clause. Similarly, the Company may take appropriate legal action to recover damages against VOOY or third parties involved in the operation of the Contract.

Indemnity

You agree to indemnify and hold harmless VOOY and its directors, officers, employees and agents from any and all claims, demands, losses, liabilities and expenses (including attorneys’ fees) arising from (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) VOOY’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

APPLICABLE LAW IN CASE OF DISPUTES

Direct Conflict Resolution

In the event that you have any problem with the use of the Services and/or consider that any part of these Conditions is not being observed or complied with by VOOY and/or the Third Party provider, or if any difference arises between the Parties arising from or related to these Conditions, you accept that the process to be followed consists of communicating such situation through the section located in the main menu of the application called «Submissions» and «Help» or directly in the «Help» section in the main menu or otherwise through the website www.vooyapp.com for the purpose of analysing and resolving the specific case.

In the event that you consider that the resolution of the case is not in your best interest, the Parties agree that such dispute shall be definitively resolved in accordance with the following:

MEDIATION AND ARBITRATION

Unless otherwise specified herein, these Terms shall be governed by and construed exclusively under the laws of the Republic of Mexico, excluding its conflict of laws rules. Any dispute, controversy, claim or controversy of any kind whatsoever arising out of or relating in any large part to these Terms, including those relating to their validity, interpretation and enforceability (any «Dispute»), shall necessarily be submitted to mediation procedures before the competent legal bodies.