GENERAL TERMS AND CONDITIONS FOR THE USE OF THE “Booba” APPLICATION
1. NOTICE TO CLIENT USERS
The Client User accepts all the terms established in this document before using the Booba_APP application as well as any future update of said application and/or these policies. Likewise, the User/Client accepts the current complementary and/or specific policies that may exist for specific services, as well as their updates, at the time this occurs. If the Client User does not agree with the following terms and conditions, they must refrain from using this application and its updates, since the use of the Application implies the User's manifestation of compliance with all the Terms and Conditions.
By downloading and/or using the application you represent and warrant the following:
1. That you have the right, authority and capacity to comply with all the Terms and Conditions;
2. That you are able to pay for the service provided by affiliated driver users;
3. That the information you provide to Booba_APP will be true and accurate;
4. That the use of the application is on a personal basis, and it is not possible for it to be used by a third party other than you.
Contact Information for the Following Purposes:
DEFINITIONS
For the purposes of this contract, the following definitions must be taken into account, regardless of whether they are used in the singular or plural form: “Application” means the application called “Booba” for Client users, which is a computer program that allows that your cell phone or mobile phone, tablet and/or personal computer perform the functions or tasks described in point 3. of this contract. “Driver User Application” means the application called Booba_APP, which is a computer program that allows the cell phones or mobile phones of affiliated Driver Users to accept service requests made by Customer Users. “Password” means the identifiers, passwords or other forms of identity verification necessary to access the Application. “Customer User” means the passenger who has completed the registration process, accepted the Terms and Conditions detailed below and has been authorized by Booba to use the Application. “Booba” means Booba_APP is a natural person with business in accordance with the laws of the Republic of Peru, who is the owner or authorized licensee of the Application. “Driver User” means a driver who personally provides the transportation service for Clients and who decides to join Booba_APP in order to be able to use the “Driver Application” that allows him or her to accept requests for services made by Client Users.
2. AUTHORIZATION OF APPLICATION USE, TECHNICAL REQUIREMENTS AND USE RESTRICTIONS
2.1 During the term of this Agreement, the Client User will have the non-exclusive, free, revocable and non-transferable right to use the Application exclusively for the functions established below in point 3.
2.2 The Client User will be the only one authorized to access the Application. The Client User will be solely responsible for the conservation and confidentiality of his password and undertakes not to communicate it under any circumstances to any other user, and not to use the account, name or password of any other Client User. It is expressly established that the use of the password constitutes your unconditional acceptance of the terms and conditions of this contract.
2.3 The Client User will be responsible for having a cell phone or mobile phone or tablet or computer that meets the characteristics and technical requirements to access and use the Application, including the Internet connection. The characteristics and technical requirements referred to will be notified to the Client User by Booba_APP before downloading the Application or any of its updates. It is established that the Customer User will assume the cost of his telephone and Internet service, and must consult with the respective telecommunications companies about the rates for the use of voice and data plans. On the other hand, Booba_APP reserves the right to automatically check the version of the operating system that the User uses to access the Application, from any platform in order to inform the Client User that they need to install or update a certain program to access or improve their access. to the Application.
In the event that Booba_APP modifies this Privacy Policy, Booba_APP will publish a notification on social networks (Facebook, Instagram, and other Websites) so that Users can be aware of any change in the type of Personal Data that is collected, the purposes of the treatment and/or communications to third parties. In no case will any modifications to this Privacy Policy affect, by themselves, the choice that the User has made regarding the way in which Booba_APP can use their Personal Data. If at any time Booba_APP decides to use the Personal Data of the Users in a different way than that established at the time of its collection, it will notify the Users by email requesting their prior consent in this regard.
2.4 The Client User agrees not to modify, reproduce, copy, reverse engineer, reverse engineer, redesign, decompile, adapt, translate, prepare derivative works of the Application or use the Application to develop any software or other materials based on it. same. Furthermore, you agree to use the Application only in the manner permitted in this agreement. The application is protected by current legislation on Copyright.
2.5 The Client User accepts and acknowledges that Booba_APP may take legal action to require and ensure compliance with all the provisions established in this contract, as well as request compensation for damages caused by non-compliance with its obligations, such concept including compensation. for consequential damages and loss of profits.
2.6 All information provided by the Customer User to Booba_APP must be truthful. For these purposes, the Client User guarantees the authenticity of all data communicated as a result of filling out and subsequently sending to Booba_APP the forms necessary for subscribing to the service. Likewise, the Client User will be responsible for keeping all the information provided to Booba_APP permanently updated so that it responds, at all times, to their real and current situation. In any case, the Client User will be solely responsible for any false or inaccurate statements made and for any damage caused to Booba_APP or third parties due to the information provided.
2.7 The Client User expressly acknowledges that he is the sole and exclusive party responsible for the use he gives to the Application, as well as for any action that takes place through said use, so there is no imputation of liability towards Booba_APP.
2.8 The Client User recognizes the right of Booba_APP, in the event that his use of the Application is inappropriate, illicit, abusive or violates these Terms and Conditions, the Supplementary Terms and Conditions, the specific Terms of services or in general the rights of third parties, the laws and regulations in force, to proceed immediately and without prior notice to remove it from the Application and/or block your access to it.
2.9. The Client User recognizes that in cases where he transports goods or sends them by Courier type transfer, they comply with current legislation on the matter and assumes responsibility for their transfer to the full extent of the law.
2.10. More than one user cannot register from the same telephone number.
2.11. In the event that the Client User violates the legislation or infringes the rights of third parties, Booba_APP has the right to provide, upon request from any legitimate authority (courts, administrative authorities and police forces), any information that allows or facilitates the identification of the offender. In the event that the affected person is a Driver User, Booba_APP will provide the data at its disposal so that the affected person can initiate the corresponding legal actions, a condition that is accepted by the Client User by accepting these terms and conditions.
3. APP FEATURES
3.1 Through the Application, the Client User may request transportation services by the means established and recognized by Booba_APP, such as telephone exchange, application and website, the latter in the case of a Client with a corporate account, the Users being Drivers who have the Driver Application, who respond to the request and as well as know the name, location and other information of the respective Driver User. The Client User recognizes that the information received from the Driver Users consists of Personal Data, so in turn he/she is solely responsible for its management and undertakes to use it exclusively for the purpose of requesting the service and during the trip. .
3.2 Driver Users are independent and free to accept service requests sent by the Client User. In this regard, by means of this contract it is established that Booba_APP provides taxi services, transportation of Clients and Corporate Clients, through a telephone exchange, an application and a website that records, each of these means, has the technology to record each call and interaction on the part of the Client User, for control and/or audit purposes. Booba_APP only authorizes the use of the Application so that the Customer User can more efficiently contact the Driver Users who use the Driver Application.
3.3 Through this Application, the Customer User may also rate and publish comments and opinions regarding the Driver Users who provide services through the Application. Consequently, the Client User undertakes that the information transmitted or published through the Application: will comply with all current regulations and laws of the jurisdiction in which the Client User is located and of the Peruvian State; will not be false, misleading, libelous, libelous, defamatory, obscene, pornographic, threatening or fraudulent;
3.4 Likewise, Booba_APP reserves the right to, at its discretion, block access to or remove, partially or totally, any information, communication or material, including opinions, comments or ratings that the Customer User or other Customer Users, Driver Users or users of the Customer Application or the Driver Application post: (i) That is protected by intellectual property rights, protected by trade secret or trademark, or otherwise involves the proprietary rights of third parties, including the rights of privacy and publicity, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material. (ii) That is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libelous, invasive of privacy, that harms or may harm minors in any way. (iii) That harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. (iv) That discriminates based on race, ethnicity, religion, sex, national origin, age or disability. (v) That includes personal or identifying information of another person without the express consent of that person. (vi) That imitates another person or entity, including, but not limited to, a Booba_APP employee, or falsely represents or misrepresents your affiliation with a person or entity. (vii) That constitutes or contains “pyramid schemes”, “affiliate marketing”, “link referral code”, “junk mail”, “spam”, “chain letters”, or unsolicited advertising of a commercial nature. (viii) That refers to or includes links to third-party commercial services or websites. (ix) That advertises illegal services or the sale of any item the sale of which is prohibited or restricted by applicable law. (x) That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment. (xi) That disrupts the normal flow of dialogue with an excessive number of messages (mass attack) to the Service, or that negatively affects the ability of other users to use the Service.
3.5 Booba_APP is not responsible for the ratings, comments or opinions that the Customer User or other Customer Users give to the Driver Users who have the Driver Application.
3.6 Booba_APP is a taxi company and provides a user transportation service. The nature of this contract is to grant the Client User the use of the technological means by which they can request a transportation service, so that they can connect through it with the Driver Users to request services through the Client Application. . For a Driver to become a Driver User, they must go through a series of filters (background check, driver record and psychological evaluations), after which, after training on the organization's culture, they will be able to use the Application and, consequently, can freely and autonomously accept a service request. Booba_APP does not have any employment relationship with the affiliated Driver User. But regarding legal liability (civil, criminal or administrative) for acts carried out, untrue information and/or regulatory breaches, it will be the full responsibility of Booba_APP. If Customer Users have any problems with the services provided by Driver Users, they may report said problems to Booba_APP, through the telephone number published on our social networks; Booba_APP will use its best efforts so that problems can be resolved between Customer Users and Driver Users in an amicable and direct manner.
3.7 Booba_APP offers Legal Entities under Public Law or Private Law, a service for its employees, governed by a specific contract. The corporate travel option may be found by authorized Users, in accordance with the provisions of the respective contract.
3.8 The Customer User is free at all times to send service requests through the Application and contact the Driver User, and is not obliged to send service requests or to contact a Driver User in particular. The relationship between the Driver User and the Client User is autonomous and independent.
3.9 The Client User acknowledges that, through the Driver Application, the Driver Users will not be able to rate, make comments and publish opinions about the service provided to the Client Users.
3.10 By means of this contract it is established that Booba_APP is responsible for the comments, opinions and ratings given by the Driver User, other driver users or customer users in relation to the services.
3.11 If the Client User wishes to obtain more information about a particular Driver User, he or she may consult with Booba_APP, who will evaluate said requirement in such a way that it does not violate current legislation to provide said information.
4. FREE USE OF THE APP
4.1 The use of the Application in accordance with the provisions of this contract will be completely free for the Client User. Without prejudice to this, the Customer User will be responsible for the cost of their telephone and Internet service, and must consult with the respective telecommunications companies about the rates for the use of voice and data plans.
5. PAYMENT MODALITIES FOR THE TRANSFER OF CLIENT USERS
5.1 The Booba_APP application provides the greatest facilities in order to make payment for the Client User's transfer in an efficient manner.
5.2 Payment can be made in two ways: 1. a) Through Driver Users using cash, and 2. b) Using a credit and/or debit card. The price of the rates is shown in soles before requesting the service, as long as the Customer User indicates the destination. In the case of credit or debit cards, the amount indicated in the application does not include the commission charged by each bank for its use. Users accept that there may be circumstances beyond the control of Booba_APP that could cause a credit card and/or other means used to be declined. The rates applicable to the Service will be charged automatically, once the transfer is completed, through the credit card information provided by the User in the Application. When a user provides a new credit or debit card, a validation of said payment instrument may be carried out by charging and returning it. If for any reason the payment instrument you have designated does not have sufficient funds, has expired, is invalid or is otherwise unable to charge you, you agree that Booba_APP will use or contact you to provide an alternative payment method. , which you have provided, if possible. Booba_APP may block partially or permanently due to non-payment or when there are fraudulent transactions.
5.3 Payments made through the in-app payment system are collected and processed using the payment processor's technology and may incur foreign transaction fees as well as foreign exchange fees, depending on the card brand. credit, transactions may be charged in foreign currency, depending on the policies of the card-issuing bank.
5.4. The final payment may have a specific surcharge, such as: a) Waiting time: it is applied according to the agreement of the Corporate Client and for Client Users it will be 5 minutes of courtesy and an additional charge of 0.50 soles for each additional minute. , this is exercised from the moment the unit confirmed the arrival at the address indicated by the Client User when requesting the service. b) Tolls and parking: *Not included. c) Card payments: * Some banks could charge in foreign currency.
5.5. All promotions and discounts, as well as their conditions of use, will be available in the Application. Booba_APP may restrict the use of promotions and discounts when users make inappropriate, illicit or abusive use of them.
5.6. In certain circumstances, the rate of a transfer may be varied due to circumstances such as periods of high demand and km, as well as to certain areas during specific periods of time (Dynamic Rates). This variation will be reflected in the rate that the Passenger User will know prior to making their transfer request and at the end of the service.
6. PROHIBITION OF DISTRIBUTION AND TRANSFER
6.1 The Client User may not distribute, rent, license, assign or transfer their rights to use the Application, nor authorize its total or partial copy on another user's computer. The Client User will not make the Application available to other users in any way, neither on a host server, service office or similar, nor through the Internet or in any other way.
7. INTELLECTUAL PROPERTY RIGHTS AND CONTENT OBLIGATIONS
7.1 Booba_APP and its suppliers and affiliates are the owners of the intellectual property of the Application, including the copyright on the source code and object code of the Application and the rights on all brands, logos, slogans, designs, images, videos , information, music, sounds, trade names and other intellectual and industrial property that is part of the content of the Application. Consequently, the Client User is prohibited and expressly undertakes not to copy, reproduce, modify, alter, distribute, delete or in any way use said intellectual property in a manner other than that established in this Agreement.
7.2 This contract is one of authorization of use and not of sale, so the authorization that the Client User receives for the use of the Application does not imply that he or she receives ownership of the Application or its rights. Consequently, the Client User is prevented from installing, copying and/or using the Application or Website in a manner contrary to that established in this contract. Booba_APP, its suppliers and affiliates reserve all rights expressly granted under this agreement.
7.3 The Client User has not paid any consideration for the use of the Intellectual Property rights of Booba_APP, and none of the provisions of this contract will entitle the Client User to the Intellectual Property rights of Booba_APP. The Client User will not use, nor request registration, within the territory, trademarks, trade names, logos, company names, domain names, distinctive signs or other designations nor will he attempt to register trademarks, trade names, logos, company names, company names. domain, distinctive signs or other designations that could cause confusion with the Intellectual Property rights of Booba_APP.
7.4 The Client User acknowledges that Booba_APP and its suppliers are owners of all the Intellectual Property rights of Booba_APP and other intellectual rights of Booba_APP, and therefore agrees not to claim at any time during the term of this contract or thereafter any rights. or cause to affect the validity of any of the Intellectual Property rights of Booba_APP (including, without limitation, any act or assistance that could violate or cause the violation of any of the economic rights of Booba_APP). The Client User agrees to adhere to the policies and instructions of Booba_APP regarding the use of the Intellectual Property rights of Booba_APP, as they may be published or communicated from time to time.
8. APP UPDATES
8.1 Booba_APP may freely, without being obliged, make updates to the Application available to the Client User for download. It is established that downloading any of the updates implies that the Client User voluntarily renounces his or her right to use any previous version of the Application.
8.2 The Application has been programmed in such a way that it is capable of automatically connecting to the internet and searching for available updates, which can be downloaded automatically, as long as the device configuration allows it.
8.3 Booba_APP reserves the right to delete and/or modify the content of the Application, when it deems necessary, in order to comply with the commercial standards of Booba_APP as well as the applicable legal provisions.
8.4. There is no cost to update the application, however, there may be costs associated with the user's data plan for said download process.
9. INTERNET CONNECTION AND ONLINE SERVICES
9.1 The Application requires being connected to the Internet for its operation. Likewise, it is capable of making the mobile phone or cell phone or tablet automatically connect to the Internet to notify Booba_APP that the Application has been installed correctly and that it is now enabled to use its functions, as well as make requests for services. Likewise, it requires having the GPS function activated. When the Application automatically connects to the Internet, an Internet Protocol address associated with your current Internet connection is sent to a Booba_APP website.
9.2 The Application may facilitate access to websites and services maintained by third parties. Your use of an online service offered by third parties is subject exclusively to the terms applicable to such service. In this regard, Booba_APP may, at any time and for any reason, without prior notice, modify or disable access to any third-party website and online services. Booba_APP will not be responsible for any type of commercial information or offers issued by online services offered by third parties, or any third party that has contracted the publication of advertising space for the marketing or promotion of goods or services within the Application. Any agreements reached with third parties (including advertisers) present on the Application, as well as participation in promotions and, in particular, privacy policies and the use of your personal information, the delivery and payment of goods and services, but also Any other terms, conditions, guarantees or representations associated with such agreements or promotions are exclusively between the Customer User and the advertiser or third party. You expressly acknowledge that Booba_APP assumes no liability with respect to such agreements or promotions. Booba_APP does not control, approve or accept any responsibility for online services offered by third parties. Likewise, it is not part of the relationship established between the Client User and said third parties. Consequently, any conditions established between the Customer User and a third party in relation to a third-party online service that the latter offers, including privacy policies and the use of your personal information, the delivery of and payment for goods or services and any other terms associated with such services, will be binding solely and exclusively for the Client User and said third party, but not for Booba_APP.
10. DISCLAIMER OF WARRANTIES
10.1 The Client User acknowledges that Booba_APP is allowing him to use the application that is provided “as is”, without any type of guarantee of its operation, since Booba_APP is not the creator of the software. The Software is the property of MOBILITY INTELLIGENCE SOFTWARES.
10.2 Booba_APP makes no representation or warranty about the content of the application or the truthfulness, integrity or completeness of the information contained in the application or the information provided by other drivers or Clients, including information regarding the good repute, location and identity of any Driver User. The information, advice, concepts, ratings, evaluations and opinions published in the application do not necessarily reflect the position of Booba_APP, nor its employees, officers, directors, shareholders, licensors, suppliers and affiliates. For this reason, Booba_APP is not responsible for any information, advice, opinions and concepts that are issued or published in the application.
10.3 Booba_APP is not responsible for any damage, loss or loss to the Client User caused by failures in the system, the server or the Internet. Booba_APP will also not be responsible for any virus that may infect the Client User's computers as a result of access, use or examination of its website or as a result of any transfer of data, files, images, texts, or audio contained therein. Client Users may NOT hold you accountable or demand payment for lost profits due to damages resulting from technical difficulties or failures in the systems or the Internet. Booba_APP does not guarantee continued or uninterrupted access and use of the Application. The system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond the control of Booba_APP; In such cases, efforts will be made to restore it as quickly as possible, without any type of responsibility being attributed to it.
11. RESPONSIBILITY FOR LOSS OF OBJECTS
In the entirety of this contract, Booba_APP informs Client Users of the responsibilities assumed as a company dedicated to the technological field. In this sense, we are committed to collaborating in providing the information that is at our disposal regarding Driver Users about possible objects lost during transfer services. We remind you that, in accordance with the provisions of this contract, Booba_APP is exempt from any civil, criminal or administrative liability for the loss of any lost object belonging to the Client User. In the event that we have in custody any object and/or element delivered to our offices by Driver Users, these will be available to their owners for a period of 60 calendar days. Booba_APP reserves the right to request from the Customer User some means of proof (purchase invoice or other relevant) that can demonstrate ownership of the item, in case it is an item of value.
12. APPLICABLE LAW AND JURISDICTION
12.1 This contract will be governed by the laws of the Republic of Peru. Any dispute or controversy related to this contract will be resolved in the competent courts. Both parties waive any other jurisdiction that may apply to them.
13. TERM AND TERMINATION
13.1. This contract will remain in force indefinitely. The Client User or Booba_APP may terminate it at any time, by simple notification by email, notice through their Application or in writing delivered to the other party at least 48 (forty-eight) hours in advance of the termination. except in cases of flagrancy in which the contract will be terminated immediately. The termination of the contract will imply that the right and authorization of the Client User to use the application will be void, so the Client undertakes to delete the Application from his cell phone, mobile phone or tablet at the time the contract is resolved.
14. GENERAL PROVISIONS
14.1 Booba_APP and the Client User hereby state that the clauses and numerals of this contract are separable and that the nullity, ineffectiveness or invalidity of one or more of them will not prejudice the remaining ones, which will remain valid, effective and binding.
14.2 Points 9, 10, 12 and 13 will remain in force after the termination of this contract for any reason.
14.3 These terms and conditions may be modified at any time by Booba_APP by notice by email or through the Application. The Client User will have the right to terminate the contract if he does not agree with the modifications. If the Client User continues to use the Application after receiving the modifications, it will be understood that the Client User has accepted the modifications.
14.4 This agreement represents the entire agreement between Booba_APP and the Customer User in relation to the Application and supersedes any prior representations, conversations, commitments, communications or advertising in relation to the Application.
14.5 If the Client User wishes to communicate with Booba_APP, whether for queries, claims and/or complaints, they must send an email to reserva@alotaxis.com
15. PRIVACY NOTICE
15.1 responsible for your Personal Data: Booba_APP SAC (“Booba”), with address in SAN FRANCISCO DE ASIS Mz. 15 – Lt. 8 – CHIMBOTE, will be solely responsible for the treatment, use, storage and disclosure of your personal data, in accordance with the provisions of this privacy notice.
15.2 Personal Data that Booba_APP collects and stores: The personal data that Booba_APP may collect will be:
Full name;
Contact postal address;
Age, as well as place and date of birth;
Date you downloaded the Application and registration date;
Telephone and/or cell phone number;
Email;
We will collect the contact list permission to add the emergency contacts for the user. The selected contacts will be added to the database and the data will be deleted when the user deletes the contact from their SOS.
Model, brand, operating system and characteristics of the mobile phone or cell phone or tablet of the Client User;
Physical address, date and time in which the Customer User requests a service through the Application;
Physical address, date and time in which the Customer User boards a vehicle for a service requested through the Application, as well as the destination to which he is going, the journey and the route by which he goes to said destination and the address physical location in which the Client User completes the service.
Searches and requests for services that the Client User has made through the Application;
Services requested and services completed through the Application;
Location of the mobile phone, cell phone or tablet in real time, which can reveal the location of the Customer User in real time (Geolocation), data that will be valid from the moment the order is requested until the driver user or Customer User presses end of trip. Additionally, the cell phone must be turned on and with the GPS service active;
Ratings, opinions or comments made by Driver Users or third parties regarding the Customer User;
Ratings, opinions or comments that the Customer User makes of Driver Users or third parties; and
Driver Users that the Customer User has selected (including data of the Driver User and the vehicle used).
The technical data of calls between the Customer User and the Driver User, as long as they are made through the Application.
Messages between the Customer User and the Driver User, as long as they are made through the Application.
Booba_APP does not collect sensitive data. If the Client User publishes or posts any sensitive data in the Application, it will be under his or her absolute responsibility and Booba_APP reserves the right to delete it.
The Client User may share their trip with third parties, and the delivery of said information is their responsibility.
15.3 Booba_APP, with the prior consent of the Customer User, may collect credit and/or debit card data from a special payment method section. This information, being sensitive data according to Law 29733, will have special treatment and protection by the company and the payment processor. Express consent will be understood as entering the credit and/or debit card data in the application. However, if the Client User publishes or posts any other sensitive data, in accordance with the provisions of Law 29733, in the Application it will be under their absolute responsibility and Booba_APP reserves the right to delete it.
15.4 Ways to Obtain Personal Data. Booba_APP obtains personal data directly from the Passenger, from third parties, from driver users, from public sources or automatically through the Application and cookies, web beacons or other functionalities that allow it to be located in space.
15.5 Use of your Personal Data. The personal data that Booba_APP will have will be managed and processed for the following purposes that are strictly necessary for compliance with the legal-commercial relationship that the Client User maintains with Booba_APP and for the use of the Application in accordance with its functionalities. You agree to accept and give free, prior, express, unequivocal and informed consent for the processing of your personal data Booba_APP SAC for the following purposes:
Measure the quality of the services of the Driver Users that the Client User has contracted and appropriately channel their service requests;
Analyze and evaluate your characteristics and compliance as a Client User;
Monitor due contractual compliance;
Address any complaint, question or comment from the Client User;
To request and share your opinions, comments and ratings of Customer Users with other Customer Users who are authorized to use the Application;
To share your location and information with Customer Users who have the Driver Application and so that they can evaluate and contact you when the Customer User sends requests for services through the Application;
To share the evaluations, ratings, comments or opinions that third parties make regarding the Client User with potential Clients and users who have the Client Application
Statistical purposes;
Improve the quality of the Booba_APP Application and services; and
Send notifications related to the modifications made to this privacy notice.
15.6 In addition to the above, your contact information may be used to send notifications, notices, propaganda or advertising about Booba_APP products or third parties related or associated with Booba_APP and to send information, magazines and news or topics that Booba_APP considers that may interest you, as well as news, communications or advertising from Booba_APP or its related companies.
15.7 In case you do not wish to authorize the use of your personal data for the purposes in this paragraph. The Client User may revoke their consent at any time by sending us a notification to the following email address info@enyardcorp.com, or send it to Booba_APP at the address indicated in point 13.1 above.
15.8 The personal data collected will form part of a database that will remain in force during the period that Booba_APP considers necessary to fulfill the specific purpose for which the data was collected. Once this is concluded, your data will be canceled and blocked. for its subsequent deletion in accordance with the Personal Data Protection Law, Law No. 29733 and its regulatory standard.
15.9 With whom do we share your personal data? Likewise, Booba_APP informs you that your personal data may be transferred and processed within and only in Peru, for the purposes established in this Privacy Notice and to be able to comply with the legal obligations of Booba_APP towards the Client User and towards the authorities of the countries in which Booba_APP operates. In that case, the Client User declares that he or she knows, expresses his or her agreement and declares his or her consent that his or her personal information may be shared with: Other employees, contractors, service providers and advisors of Booba_APP; Booba_APP subsidiaries, shareholders and subsidiaries; External auditors, service providers, IT companies and third parties that process information on behalf of Booba_APP; Authorities in Peru; and any other person authorized by applicable law or regulation.
15.10 In accordance with the provisions, Booba_APP will inform said third party of the terms and conditions of this Privacy Notice in order to safeguard their personal data. Booba_APP does not require the consent of the Client User to make these transfers unless they are made for a purpose that is different from those mentioned above.
15.11 Likewise, your contact information, location and general information, as well as the opinions, comments, evaluations and ratings that affiliated Driver Users or users of the Driver Application make regarding the Customer User will be shared with Driver Users and users who have the Drivers Application. If the Client User does not want his or her information to be shared with said Driver Users who have the Driver Application, then the Client User will not be able to use the Application since it is an essential requirement for the Client User to be able to send service requests through the application.
15.12 On the other hand, your opinions, comments, evaluations and ratings regarding Driver Users will be shared with other Client Users of the Application. Likewise, as the Client user database is one of the most important assets of Booba_APP, certain third parties interested in doing business with Booba_APP will require personal information from Client users. Due to the above, the personal data of the Client User will also be shared with assignees or acquirers of credits or credit portfolios, commercial allies and third parties interested in doing business, granting financing, purchasing shares, credits, or assets of Booba_APP or its shareholders or subsidiaries in Peru or around the world or merge with Booba_APP. Likewise, we may share your contact information with business partners in the financial, technology, consumer products, automobiles, beverages, food and media sectors so that they can send you advertising for their products or services. In this regard, by entering into this contract, the Client User authorizes Booba_APP to share their personal data for the purposes established in this paragraph.
15.13 This expression of will that you make by accepting the transfer of your personal data can later be revoked by the passenger at any time by sending us an email to info@enyardcorp.com
15.14 Personal data security measures. Booba_APP will adopt each and every one of the administrative, physical and technical security measures established by the applicable law to safeguard your personal information, so in the same way and in the event that a third party needs to know of said information, Booba_APP will obligate said third parties to comply with this Privacy Notice, as well as to adopt the administrative, physical and technical security measures established in the applicable law, in order to protect your personal data from any damage, loss, alteration, destruction or use, access or unauthorized treatment. Without prejudice to the foregoing, although Booba_APP manages a database system that complies with due diligence and care for security, the Client User recognizes that electronic communications are not absolutely secure and that any computer system, no matter how protected with due diligence, it is exposed to possible violations that could affect its operation or security. Consequently, Booba_APP does not guarantee that damages, losses, destructions, misplacements, alterations or unauthorized treatments will not occur as a result of the aforementioned violations.
15.15 Means to exercise the rights of access, rectification, opposition and cancellation. The Client User has the right to access their personal data found in the Booba_APP database and the details of their processing, as well as to rectify them if they are inaccurate or cancel them when they consider them to be excessive or unnecessary for the purposes that justified their obtaining or opposing their processing for specific purposes that are not necessary for the legal relationship with Booba_APP. In the event that the Client User, as the owner of their personal data, wishes to exercise any of the aforementioned rights, Booba_APP requests that they send the request to exercise the corresponding rights to the Personal Data Processing Manager of Booba_APP through the following email address: Boobachimbote@gmail.com, or send it to Booba_APP at the address indicated in point 13.1 above. Said request must contain at least the following information: (i) name and address, in order to respond to your request within the deadlines established in the applicable law; (ii) copy of your DNI, or any other document that proves your identity or proves the personality of your legal representative, and if the request is made through the legal representative, attach the document that certifies your powers as representative; (iii) clear and precise description of the personal data on which you seek to exercise any of the aforementioned rights of access, rectification, opposition, cancellation or revocation, as well as a clear and precise description of your request; (iv) date and signature of the applicant and (v) any other element or document that facilitates the location of said personal data. Booba_APP will respond to any complete request within a maximum period of 10 calendar days or the maximum period permitted by law, which may be extended for an equal period for duly justified reasons. The response from Booba_APP will indicate whether the request for access, rectification, cancellation or opposition is appropriate and, if so, Booba_APP will make the determination effective automatically. Booba_APP will provide electronic copies of your personal information in the event that the Customer User exercises their right of access.
15.16 What options do you have to limit the use and disclosure of your data? The use of your personal data for those purposes that are not strictly necessary for the fulfillment of your relationship with Booba_APP and to limit the way in which you deem appropriate its use and disclosure. The Client User may revoke or limit his consent for us to use his data for purposes that are not strictly necessary or for us to share his personal data with people or purposes for which we require his consent by sending us an email to Boobachimbote@gmail.com, or through the “contact us” option in the application or a communication to the address indicated in point 13.1 above. Particularly, the Client User has the right to stop receiving advertising messages by email, telephone or by any other means through the procedures that we have implemented. The Customer User can contact Booba_APP in the manner indicated above for these purposes. In the same way, you are informed that you have the right to prevent us from contacting you by telephone for advertising or commercial prospecting purposes by registering in the Registry:
15.17 Social Networks Booba_APP may have a profile, either of the company or its products, on the main social networks such as Facebook. (hereinafter, the “Social Networks”). Social Networks will serve solely and exclusively as an immediate communication channel with the followers of the company or its products, as well as an electronic means of information and marketing of new products, offers and promotions that are carried out by the company exclusively on its profile and which will be accessible through it to its followers. Booba_APP will only be able to know the personal data that the Social Networks allow and in no case will it extract the personal data that it may know about its followers without their prior consent. On the other hand, the Application may contain links to Social Networks through which the Client User can share personal information. We inform you that both Social Networks will be the owners of the databases that correspond to them, so Booba_APP asks you to read their privacy policies and conditions of use.
15.18 Modifications to the Privacy Notice. In relation to the above, Booba_APP reserves the right to modify the terms and conditions of this Privacy Notice, an action that will be published through Our Social Networks, to which any interested person will have access. In any case, Booba_APP recommends that you review this privacy notice each time you use the application, in order to know the changes, modifications or updates that are made to it.
16. CANCELLATIONS AND CANCELLATIONS
In Booba_APP you can cancel your trip at no additional cost as long as you do so within the first five minutes after requesting your vehicle. However, you will be charged the minimum cancellation and/or cancellation cost if the driver has arrived at the pick-up point or is 3KM away. The cost is INR 35.00, which will be charged when the client registers their vehicle. Credit / Debit Card In the case of reservations, you can cancel them without additional cost up to 20 minutes before their start.
17. PAYMENT AND BILLING CONDITIONS
The rates applicable to the Service will be charged by Booba_APP automatically, once the trip is completed, through the credit card information provided by the User in the Registration Form. After requesting a service, Booba_APP: Booba_APP reserves the right to request pre-authorization of the payment of the trip to the credit institution linked to the credit card that the User had entered in the Application. In no case will said pre-authorization imply effective payment for the journey to be made, which will only be made once it has finished. Fees charged will not be refundable. The rates and expenses of cancellation and compensation, as well as their updates, The User may, at his option, make bank transfers to the bank account indicated through Boobachimbote@gmail.com. The funds from said transfers will be considered advance credit that can only be used by the User to pay for the Service (hereinafter, “Booba_APP Credit or prepaid service”). To this end, the rates applicable to the Service will be charged by Booba_APP automatically, once the trip is completed, discounting the final amount of the Booba_APP Credit acquired by the User. The Booba_APP Credit acquired by the User will not be refundable. Likewise, all promotions and discounts, as well as their conditions of use, will be available on the. It is strictly prohibited for a user to create different Booba_APP accounts or share an electronic payment method with other users in order to improperly benefit from discounts and invitations, which is considered abusive use of them. Invitations and discounts will lose their value three months after their creation. In addition, Booba_APP reserves the right to cancel or reduce the value of discounts, invitations and promotions at any time. In accordance with the provisions of the Privacy Policy, the credit card data provided in the Registration Form will be sent to the payment provider company in charge of storing said User data. The User must access or may be redirected to the payment provider's website through the link provided for this purpose in the Registration Form. In any case, the User is recommended to consult the terms and conditions of use and the privacy policies of the third-party websites that they access through links included in the Application and/or Website. For security reasons, it is not allowed to use the same payment method in more than two independent accounts. If this number is exceeded, the company may proceed to block the service to all accounts until the ownership of the accounts and the payment method is documented. In addition, In accordance with the provisions of the Privacy Policy, the User's bank data to which Booba_APP may have access as a result of the purchase of Booba_APP Credit by bank transfer will be considered for all purposes Personal Data of the Users. The invoices will be available to the User at the Booba_APP offices without prejudice to the fact that they can be consulted through the Application and/or Website. Unless expressly requested by the User, indicating the postal address in the section intended for this purpose in the Application and/or Website, the invoices will be available to the User at the Booba_APP offices. If expressly requested, the invoices will be sent to the User at the address indicated for this purpose. For purely informational purposes, the receipts may be consulted through the Application and/or Website. Charges made on credit or debit cards issued in Peru that the client configures as payment in Nuevos Soles (PEN), will be requested from the issuing bank to be made in Nuevos Soles (PEN). However, some issuing banks do not support this option and may charge the customer in American dollars (USD) at the exchange rate defined by the bank issuing the credit or debit card. The banks that we are aware of that are charging in local currency (PEN) are: Banco Financiero, Citibank and Banco Falabella (Visa cards only). Likewise, it is possible that in the case of debit or credit cards that are not bi-currency, the bank applies an exchange rate to the transaction that alters the price shown on the receipts issued by Booba_APP. The banks that we are aware of that are charging in local currency (PEN) are: Banco Financiero, Citibank and Banco Falabella (Visa cards only). Likewise, it is possible that in the case of debit or credit cards that are not bi-currency, the bank applies an exchange rate to the transaction that alters the price shown on the receipts issued by Booba_APP. The banks that we are aware of that are charging in local currency (PEN) are: Banco Financiero, Citibank and Banco Falabella (Visa cards only). Likewise, it is possible that in the case of debit or credit cards that are not bi-currency, the bank applies an exchange rate to the transaction that alters the price shown on the receipts issued by Booba_APP.
THE UNDERSIGNED, GRANTS HIS/HER ACCEPTANCE AND CONSENT TO THIS AGREEMENT AND ITS TERMS AND CONDITIONS, INCLUDING THE PRIVACY NOTICE BY PRESSING “CLICK” ON THE ACCEPT BUTTON FROM THE APPLICATION.