Terms & Conditions of Service
Terms and conditions – WERPI service
Valid from 06/2017
This contract describes the general terms and conditions (the “General Terms and Conditions”) applicable to the use of WERPI service, which is offered by GRUPO DATENG SRL, CUIT, 30-71536440-5 (“the Services”), society Registered in accordance with Argentine legislation, under No. 5258 IGJ, within the sites www.werpi.com (“WERPI” or the “site”), and / or associated web pages and the mobile application downloaded from any application store (“The App”). Any person (hereinafter “User” or plural “Users”) who wishes to access and / or use the site or the Services may do so subject to the respective General Terms and Conditions, together with all other policies and principles that govern and that are incorporated herein by reference.
ANYONE WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH HAVE A BINDING CHARACTER, MUST REFRAIN FROM USING THE SITE AND / OR THE SERVICES.
The User must read, understand and accept all the conditions established in the General Terms and Conditions, as well as in the other documents incorporated into them by reference, prior to registering as a WERPI User, or before using the WERPI service, opting expressly for receiving the same and all other information by digital means.
The Services are only available to people who have the legal capacity to contract. Persons who do not have this capacity, minors or WERPI Users who have been temporarily suspended or permanently disabled may not use the services. If you are registering a User as a Company, you must have the capacity to contract on behalf of such entity and to bind it in the terms of this Agreement.
It is mandatory to complete the registration form in all its fields with valid data in order to use the services provided by WERPI. The future User must complete it with their personal information in an exact, precise and true manner (“Personal Data”) and undertakes to update the Personal Data as necessary. WERPI may use various means to identify its Users, but WERPI is NOT responsible for the accuracy of the Personal Data provided by its Users. Users guarantee and respond, in any case, to the veracity, accuracy, validity and authenticity of the Personal Data entered.
The User will access his personal account (“Account”), from the Site or from the App, by entering his username and chosen personal security key (“Security Key”). The User agrees to maintain the confidentiality of his Security Key.
The Account is personal, unique and non-transferable, and it is prohibited for the same User to register or have more than one Account.
The User will be responsible for all the operations carried out on his Account, since access to it is restricted to the entry and use of his Security Key, which is the exclusive knowledge of the User. The User agrees to notify WERPI immediately and by suitable and reliable means of any unauthorized use of his Account, as well as the entry by unauthorized third parties to it. It is clarified that the sale, transfer or transfer of the Account is prohibited under any title.
The User agrees to supply and keep WERPI updated with the following information:
- Area Code + Telephone
- Automobile brand
- Production Year
WERPI reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision and without this generating any right to compensation or compensation.
III. Agreements Modifications
WERPI may modify the General Terms and Conditions at any time by making the modified terms public on the Site. All the modified terms will take effect 10 (ten) days after their publication. Said modifications will be communicated by WERPI to the users who in the configuration of their WERPI Account have indicated that they wish to receive notifications of the changes in these Terms and Conditions. Any user who does not agree with the modifications made by WERPI may request the withdrawal of the account.
The use of the site, and / or the App, and / or its services implies acceptance of these General Terms and Conditions of use of WERPI.
- The Service
This is a service provided only to Users registered on the Site or in the WERPI App, or on web pages with which WERPI has an agreement, through which WERPI undertakes to reserve an available parking space at its own locations. or from third parties where WERPI has a valid agreement.
The parking service will be divided according to the following detail:
- a) Monthly stay
- b) Weekly Stay
- c) Daily Stay
- d) Hourly stay
- e) Half stay
- f) Fractional stay per minute
IV.1.2 Werpi Obligations
WERPI undertakes to manage and confirm, through the Site or the App, and its updated versions, the registered User, the availability and reservation of available parking space in its own locations or those of third parties, where Werpi has a current agreement.
The reservation request does not imply the reservation obligation, which will be generated only with confirmation by WERPI.
IV.1.3 Users Obligations
The User agrees to pay the price according to the fractionation detailed in point IV.1.1 of these Terms and Conditions. Likewise, it undertakes to make the reservation, with all the data requested by the Site or by the App.
IV.1.4 Cost of the service
The price will be set by WERPI, and it may be consulted by the User, prior to requesting the reservation of the space.
The charge will be generated at the time of confirmation, which will be billed regardless of the use of the reserved space by the Registered User.
To use the Services offered by WERPI, Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection, both physical and technological.
Violations of the System or Databases
No action or use of a device, software, or other means intended to interfere with both WERPI’s activities and operations, or WERPI’s accounts or databases is permitted. Any intrusion, attempt or activity that violates or is contrary to the laws on intellectual property law and / or the prohibitions stipulated in this contract will make its person liable for the pertinent legal actions, and the sanctions provided for in this agreement, as well as making him liable to compensate the damages caused.
VII. Sanctions. Suspension of operations
Without prejudice to other measures, WERPI may warn, temporarily or permanently suspend a User’s Account, initiate the actions it deems appropriate and / or suspend the provision of its Services if (a) any law is broken, or any of the stipulations of the General Terms and Conditions and other WERPI policies; (b) if you breach your commitments as a User; (c) if intentional or fraudulent conduct or acts were incurred at WERPI’s discretion; (d) the identity of the User could not be verified or any information provided by it was erroneous.VIII. Responsabilidad
WERPI only makes available to Users information on available parking spaces, its own or third parties with which WERPI has a current agreement, and to reserve said space by confirming the Registered User. WERPI is not responsible for any damage that may be caused to the entry, during the stay, or at the time of departure from the parking space confirmed by WERPI, both to the Registered User, and to the car whose patent must be informed at the time of making the reservation of the Available space.
- Werpi Scope
This agreement does not create any partnership, mandate, franchise, or employment relationship between WERPI and the User. The user acknowledges and accepts that WERPI is not a party to any operation, nor has any control over the quality, security or legality of the available spaces or the parking services provided by third parties with which WERPI has an agreement.
- Systems Failures
WERPI is not responsible for any damage, loss or loss to the user caused by failures in the system, the server or the Internet. WERPI will also not be responsible for any virus that could infect the user’s equipment as a result of accessing, using or examining its website or as a result of any transfer of data, files, images, texts, or audio contained therein. Users may NOT impute any responsibility or demand payment for lost profits, by virtue of damages resulting from technical difficulties or failures in the systems or on the Internet. WERPI does not guarantee continued or uninterrupted access and use of its site or applications. The system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance unrelated to WERPI; In such cases, efforts will be made to re-establish it as quickly as possible without any liability being attributed to it. WERPI will not be responsible for any error or omission contained in its website.
- Prices. Billing
Registration on the Site or download of the WERPI App is free. The user will only have to pay WERPI in case the latter confirms the reservation of the requested parking space.
WERPI reserves the right to take the judicial and extrajudicial measures it deems appropriate to obtain payment of the amount due.
WERPI reserves the right to modify, change, add, or eliminate the current rates, at any time, which will be notified to the Users, in the manner established in Clause 3. However, WERPI may temporarily modify the Rate Policy, and the rates for its services due to promotions, these modifications being effective when the promotion is made public or the announcement is made.
In the event that charges have been invoiced that would not have corresponded, the user must contact our Customer Service team to resolve this matter.
The user will only have the right to reimburse 100% of what is actually paid to WERPI or to the third parties with which WERPI has an agreement for reserved parking space, in cases where without prejudice to having received confirmation of the reservation from the Parking space available, at the time of entering it, the space is not available. Likewise, you will be entitled to the same refund when 72 hours in advance. of the reserved date proceed to its cancellation through the site www.werpi.com
Refunds will be made by the same means of payment used at the time of making the reservation and will be processed within 60 business days.
The refund will also proceed in the event that the Event to which the reservation of the available parking space is associated is canceled, in this case it will be done through the same means as the return or refund of the concept of the event.
Refunds will be made by the same means of payment used at the time of making the reservation and will be processed within 60 business days.
The refund will also proceed in the event that the Event to which the reservation of the available parking space is associated is canceled, in this case it will be done through the same means as the return or refund of the Event concept.
XIII. Intellectual property. Links
The contents of the screens related to the services of WERPI as well as the programs, databases, networks, files that allow the User to access and use their Account, are the property of WERPI and are protected by the laws and international treaties of copyright, trademarks, patents, models and industrial designs. The improper use and the total or partial reproduction of said contents are prohibited, unless expressly authorized in writing by WERPI. The Site may contain links to other websites, which does not indicate that they are owned or operated by WERPI.
As WERPI has no control over such sites, it will NOT be responsible for the content, materials, actions and / or services provided by them, nor for damages or losses caused by the use of the same, whether caused directly or indirectly. The presence of links to other websites does not imply a partnership, relationship, approval, endorsement of WERPI to said sites and their contents.
The user agrees to indemnify and hold WERPI (including but not limited to its related companies, their respective directors, managers, officers, representatives, agents and employees) liable for any claim or lawsuit (including reasonable attorneys’ fees) made against the third party owners of parking spaces with which WERPI has a current agreement.
Both Parties will be exempt from liability in the event of damages in cases of force majeure such as: natural disasters, floods, strikes, total or partial lack of energy, as well as any other circumstance whose control does not depend on the responsibilities, behaviors and obligations assumed by the Parties in these terms and conditions.
GRUPO DATENG SRL, by virtue of the provision of the WERPI service, will in no case be liable to the User for damages caused by the companies with which it has a current contract, or unrelated third parties, their employees or dependents, before, during or at the end of the use of the booked parking space.
- Personal information
THE USER AUTHORIZES WERPI TO SEND ME COMMERCIAL PROPOSALS RELATED TO ITS SERVICES AND / OR PRODUCTS, PERFORM MARKET ANALYSIS, MAKE USE OF MY DATA FOR THE PURPOSE OF CUSTOMER CARE AND TO TRANSFER INFORMATION RELATING TO ALL MY PERSONAL DATA, SUCH AS NO ID, ADDRESS AND EMAIL TO ALL AND EACH ONE OF THE COMPANIES IN THE DATENG GROUP, TO SEND ME COMMERCIAL PROPOSALS RELATED TO SERVICES AND / OR PRODUCTS PROVIDED BY SUCH COMPANIES, CARRY OUT ANALYSIS OF THE MARKET AND PROVIDE ME WITH SERVICE IN CASE OF RECI BORROWED BY THEM.
AS THE OWNER OF PERSONAL DATA, THE USER WILL HAVE THE FACULTY TO EXERCISE THE RIGHT OF ACCESS TO THEM FREE OF CHARGE AT INTERVALS NOT LESS THAN SIX MONTHS, EXCEPT AS A LEGITIMATE INTEREST IS ESTABLISHED IN ARTICLE 14, ESTABLISHED IN ARTICLE 14. OF LAW No. 25,326.
THE USER DECLARES TO KNOW THAT THE NATIONAL DIRECTORATE OF PROTECTION OF PERSONAL DATA, CONTROL BODY OF LAW NO. 25,326, WILL HAVE THE ATTRIBUTION OF ATTENDING THE COMPLAINTS AND CLAIMS THAT ARISE IN CONNECTION WITH THE BREACH OF THE RULES ON DATA PROTECTION.
AS A HOLDER OF THE DATA, THE USER MAY AT ANY TIME REQUEST THE TOTAL OR PARTIAL REMOVAL OR LOCKOUT OF MY NAME FROM THE DATA BANKS REFERRED TO IN ARTICLE 27, SECTION 3, LAW 25.326. I WILL BE ABLE TO MAKE RETIREMENT OR LOCKOUT REQUESTS PERSONALLY IN COMMERCIAL OFFICES
The Users agree to submit any question that arises in connection with the service to the Ordinary Courts of the Autonomous City of Buenos Aires or the competent courts by reason of the matter, in which case the territorial jurisdiction will be that of the jurisdiction corresponding to the user’s address.