Weelify Terms of Service:
Welcome to Weelify! We operate a platform that allows you to rent and book bikes and tours using our website. Have fun and remember our rules!
1.1 Welcome to the Weelify platform (the "Site"). We will refer to our website and other services as our "Services", and Weelify will be treated individually or collectively as "Weelify", "we", "us" or "our". Please read the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you are agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services.
1.2 This document and all documents referred to herein shall collectively constitute the "Terms of Service".
1.3 Our "Services" include (a) the Site, (b) the services provided by the Site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content posted by Users using our Services will be "Your Content". Your Content includes your user names, store names, profile photos, listing photos, listing description, reviews, comments, videos, etc.
1.4 Our Services include an online platform service that provides a place and opportunity for the sale of goods or services between the buyer ("Buyer") and seller ("Seller"), which may be landlords and tenants and are collectively known as "Users" or "Parties". The actual rental agreement is made directly between the Buyer and the Seller. We are not a party to that agreement or any other agreement between Buyer and Seller. The parties to the transaction shall be entirely responsible for the sales contract between them in accordance with the listing of goods, the purchase warranty and the like. As such, we do not accept any obligation in connection with these contracts. However, if you have problems with your reservation, we can intervene to assist you (see section 10). We do not pre-screen users and their content. We cannot guarantee that Users will actually complete a transaction.
1.5 We reserve the right to change, modify, suspend or discontinue all or part of this Site or Services at any time. We may post certain Services or features while they are considered a beta version, which may not function properly or in the same manner as the final version, and we cannot be responsible in such cases. We may also impose limits on certain features or restrict your access to parts or all of the Site or Service in your sole discretion, without notice or liability.
1.6 We reserve the right to deny you access to the Site or the Service or to allow you to open an Account for any reason.
2.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that, (a) they will comply with all applicable personal data protection laws, (b) they will allow the User (owner of the personal data) the right to remove their data collected from the User (recipient of the personal data) from the database upon request.
3. Your account
3.1 You will need to create an account with us to use some of our Services. Here are some rules about accounts with Weelify:
3.1.1 You must be 18 years or older to use our Service. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
3.1.2 Be honest with us and provide accurate information about yourself. It is not right to use false information or to impersonate another person or company through your account.
3.1.3 You are responsible for your account. You are solely responsible for any activity on your account. If you share an account with others, the name of the person on the account will be ultimately responsible for all activity. If you register as a business entity, you personally guarantee that you have the authority to accept the Terms on behalf of the company. In addition, your accounts are non-transferable.
3.1.4 As mentioned above, you are solely responsible for any activity on your account, so remember to keep your username and password secure.
4. Limited License
4.1 We grant you a limited, revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed on the Site is owned by Weelify and, where applicable, by third party owners identified on the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.
5. Your Content
5.1 The content that you post using our Services is your content. This includes usernames, store names, profile photos, listing photos, listing descriptions, reviews, comments, video, etc.
5.1.1 You are solely responsible for your Content. You represent that you have all necessary rights in Your Content and that you are not infringing or violating the rights of any third party by posting it.
5.1.2 By posting Your Content through our Services, you are granting us a license to use Your Content. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable and perpetual license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership of Your Content, but we have your permission to use it to help us operate and grow.
5.1.3 If Content that you own or have rights to has been posted on the Services without your permission and you wish to have it removed, please contact us. If your Content infringes someone else's intellectual property, we will remove it if we are notified.
5.1.4 You agree not to post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or violates our Prohibited Items/Services section. You also agree not to post any content that is false, misleading or uses the Services in a fraudulent or deceptive manner.
6. Your use of our services
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any law in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you.
6.2 You are responsible for paying the small amounts you owe us. You are also solely responsible for the collection and/or payment of any applicable taxes on any purchases or sales you make through our Services.
6.3 You agree not to attempt to obtain the source code for the Services. You agree not to interfere with or disrupt/damage our services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: delisting, account suspension or legal action; if necessary.
6.5 If you believe that a user of our Site is violating these terms, please contact us.
7. Purchase and payment
7.1 Currently we only support credit card payments. These payments are processed through third party payment channels, which may vary depending on the jurisdiction in which you are located.
7.2 All sales on the platform are instantaneous or negotiated. The seller is obliged to complete the transaction with the buyer promptly, unless an exceptional circumstance arises.
8. Seller's commission
8.1 The seller of any item/service will pay us a commission on the total amount of the transaction received by the seller (including taxes, if any, and shipping costs for any transactions carried out on our Site.
8.2 Our commission will be deducted directly from your funds before the funds are cleared from your account.
8.3 All third party payment channels will charge you an additional fee for processing payments. This fee will depend on your location as well as the location of the buyer. All payment processing fees will not be included in the Seller's commission we charge.
9. Seller's Responsibilities
9.1 Sellers shall properly manage and ensure that relevant information, such as price and item details, inventory quantity and shall not publish inaccurate or misleading information.
9.2 The price of the goods/services for sale is determined by the Seller at its own discretion. The price of an item and shipping costs shall include additional charges such as sales tax, value added tax, tariffs etc. Seller will not charge Buyer such amounts additionally and separately.
9.3 The Sellers are obliged to deliver the goods/services as described unless there is an exceptional circumstance. If any exceptional circumstance occurs, the Seller is obliged to contact the Buyer to inform it of any delay or inability to complete the transaction. The seller has the right to deliver, due to lack of stock, a product of equal or superior conditions.
9.4 The Seller will issue additional receipts, credit card vouchers or tax invoices to the Buyer upon request.
9.5 In case of trading outside the platform, Weelify reserves the right to close the store.
10. Disputes with other users
10.1 If you are in a dispute with another user of our Services or a third party, we encourage you to contact the other party and attempt to resolve the dispute amicably.
10.2 If you are unable to resolve the dispute between you and another user, we may intervene to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgments about legal issues or claims.
10.3 Whether you are a buyer or a seller of an item/service, you must cooperate with us throughout the dispute resolution process. We ask you to provide us with any information relating to the dispute that we request from you. Such requests will be directed to your designated email address. If we are unable to obtain a response from you, we may close the investigation or determine that the investigation has been resolved in favor of the other party.
10.4 Buyer Disputes
10.4.1 You can raise two types of disputes, one in which the "item is not delivered" and the seller does not respond to any of your communication attempts. The second type of dispute is where the "item is not significantly as described".
10.4.2 You may request a report on a transaction or contact your Card Provider to request any chargeback options that may be available to you from your Card Provider. However, you may not exercise both options at the same time or request a double recovery on the same transaction. If you file a dispute with us and later file a chargeback with your card provider, we will close your report.
10.4.3 If you have received a refund/exchange from the merchant, you may not report that transaction.
10.4.4 If the "service is not provided", we will ask the merchant to provide proof of performance and delivery that can be tracked online. If the seller fails to do so, we will resolve the dispute in their favour.
10.4.5 If the "item is not significantly as described", and both parties cannot agree on the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we have about the item. We will exercise our authority to make decisions based on numerous factors, including the description of the item at the point of purchase, communications between you and the seller, and any documentation provided. All decisions we make are final.
10.5 Seller Disputes
10.5.1 As a seller, we encourage you to actively communicate with your buyer, especially if there are any exceptional circumstances. We encourage you to respond promptly to your buyers to avoid any unnecessary disputes.
10.5.2 In the case of "services not provided" we will contact you to request proof of performance. The documentation must clearly show that you have provided the service on time as specified in the booking. The documentation must be traceable online showing the date you provided the service. These are the only proofs we will accept. If they cannot be provided, then we can resolve the dispute in favor of the buyer.
10.5.3 In the case of disputes over "undescribed items", we will review the item description and images provided at the time of purchase. If both parties cannot agree on the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we have about the item. We will exercise our authority to make decisions based on numerous factors, including the description of the item at the point of purchase, communications between you and the buyer, and any documentation provided. All decisions we make are final.
10.5.4 If the buyer attempts to pursue any chargeback option, we will close the dispute to avoid a double recovery.
11. Disputes with us
11.1 If you are upset with us, please let us know and we hope to resolve your problem. If we cannot resolve the problem, these rules will govern any legal dispute involving our Services:
11.1.1 Governing law. Weelify's local laws govern the Terms of Service. Local laws depend on the location of incorporation. These laws will then apply no matter where in the world you live.
11.1.2 You agree that any dispute or claim arising out of the Terms will be resolved by arbitration whenever possible. Judgment on the arbitration award may be entered in any court having jurisdiction. Any arbitration under the Terms and Conditions will take place on an individual basis - no class arbitration or class action is permitted. Any decision made by the arbitrator will be considered final.
12. Changes of Terms
12.1 We are constantly updating and improving the Service to try to find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changes in technologies, tastes, behaviours and the way people use the Internet and our Service.
12.2 We may revise the Terms of Service, but the most current version will always be at this link.
12.3 We will try, where possible and reasonable, to contact you about significant changes to any of the documents referred to in these Terms of Service. We may contact you through the system or through a separate email.
12.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Previous versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
13. Prohibited Items/Services
Weelify is a market for bike rentals and guided tours. The seller will always be a professional store or business.
It is the seller's responsibility to ensure that the proposed item complies with all laws and is allowed to be listed for sale in accordance with local market incorporation laws.
We will update this guideline from time to time when necessary.
If an item/service is found to violate this policy, we may subject the Seller to a number of adverse actions, including removal from the list, suspension of the account, cancellation of the account and legal action.
All non-bike and tour related items are prohibited.
And any other items that are illegal or restricted in Buyer's and/or Seller's jurisdiction or otherwise encourage illegal or restricted activities.
If you see a listing that violates our policies, please contact us.
14. Contact, Comments and Complaints
If you need to contact us, please click on contact us for our contact details. We value listening to our users, and are always interested in learning about ways we can improve the Service. By providing your comments, you agree that you are giving up any rights you have over your comments so that we can use them and allow others to use them without any restrictions and without any payment to you.
*The official version is the one written in Spanish.