ROUTE DELIVERY Terms and Conditions
These general terms of use and legal information (hereinafter, the “General Terms”) apply to the website of Siyo Technologies (hereinafter, “ROUTE DELIVERY ”), whose domain is ROUTEJM.COM and to its related mobile application, as well as to all its related sites or sites linked from ROUTEJM.COM by ROUTEJM, including ROUTEJM'S websites worldwide (hereinafter and collectively, the “Site”). The site belongs to ROUTEJM. By using the site, you accept and expressly agree to these terms of use. If you do not agree, please refrain from using it.
ROUTEJM hereby makes the ROUTEJM website and mobile application (hereinafter, jointly, the “Platform”) available to users (hereinafter, the “User” or “Users”).
1. Object
ROUTEJMis a technology company whose main activity is the development and management of a technology platform through which certain local stores in a number of territories can offer their products and/or services by means of a mobile or web application on the platform (hereinafter, the “APP”) and, in an ancillary manner, where applicable and if so requested through the APP by users of the APP and consumers of the said local stores, act as an intermediary in the planned or immediate delivery of the products.
Siyohub has developed a Platform through which a variety of merchants, with which Siyohub can have in place a commercial agreement for the use of the platform, offer a selection of products and/or services. Users can request the purchase and/or collection of products and services from such merchants in person by means of a mandate given by them to a third party when placing an order through the Platform. In such cases, Siyohub acts as a mere intermediary and is therefore unable to assume, and does not assume, any responsibility for the quality of the products or for the proper provision of the services offered directly by the merchants or by such third parties.
In addition, Siyohub is a multi-category Technology Platform for intermediation in the contracting of “on demand” services by distance electronic means. Its aim is to make it easier for any persons requiring help with their errands, services, purchases in person and/or collection of products from local merchants (hereinafter, “Users”) to carry out their errands by delegating to such third parties, who are willing to voluntarily carry out the mandate given to them by Users (hereinafter, the “Mandataries”). Mandataries are thus a network of self-employed professionals who work with ROUTEJM. When they wish to provide their services, they log onto the ROUTEJM Platform and undertake to carry out within a certain amount of time the service entrusted to them by the User by means of the above-mentioned mandate. As a result, ROUTEJM cannot be responsible for delivery times, as they will depend on the local stores’ own successful operations, the preparation of orders, the Mandataries themselves, and the information furnished by Users when placing orders or their availability and response at the time of delivery. In relation to this, the delivery times stated on the Site are provided for indicative purposes only.
ROUTEJM hereby confirms that it has obtained all necessary licences for the pursuit of its commercial activities in the countries in which it operates.
Throughout these General Terms of Use, both Users and Mandataries will be referred to as Users of the Platform.
2. Terms of Use
By accessing the Platform and voluntarily creating a profile, all Users acknowledge and expressly and unambiguously agree to these General Terms of Use and Contracting as well as to the Privacy Policy and the Cookie Policy.
3. User Access and Registration
In order to be a User of the Platform, it is essential that you meet the following requirements:
Users must be at least 18 years of age.
Users must truthfully complete the mandatory fields of the registration form requesting personal details such as the User’s name, e-mail address, telephone number and bank card number.
Users must agree to these Terms and Conditions.
Users must agree to the Privacy Policy.
The User warrants that all the information regarding his/her identity and capacity provided to Siyohub in the registration forms for the Platform is true, accurate and complete. In addition, Users undertake to keep their details up to date.
If a User provides any false, inaccurate or incomplete information or if ROUTEJM considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, ROUTEJM may deny that User current or future access to, and use of, the Platform or any of its contents and/or services.
When registering on the Platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, ROUTEJM recommends that Users do not use the same login credentials as on other platforms. If a User uses the same login credentials as on other platforms, ROUTEJM will be unable to guarantee the security of the account or ensure that the User is the only person logging into his/her profile.
Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the Platform, or for any other action carried out under their username and/or password.
Users are the sole owners of the content entered by them on the Platform. Furthermore, by registering on the Platform and agreeing to these Terms, the User grants Siyohub, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by Siyohub, with or without any further communication to the User and without having to pay any amounts for such uses.
ROUTEJM cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform ROUTEJM immediately, using the communication channels made available by ROUTEJM, if their credentials are stolen, disclosed or lost.
3.1 Profile
In order to complete their registration on the Platform, Users must provide certain details, such as: username, e-mail address, telephone number and bank card details, among others. Once they have completed the registration process, all Users will be able to access, complete and edit their profile as they deem appropriate. Siyohub does not store users’ payment data, which shall be processed and stored by the payment service provider as described in these Terms and in the Privacy Policy 3.2. Credit Card Theft or Appropriation
Since ROUTEJM cannot guarantee the identity of registered Users, Users are under an obligation to inform ROUTEJM if they have evidence that the credit card associated with their ROUTEJM profile has been stolen and/or is being fraudulently used by a third party. Therefore, since ROUTEJM and its payment platform are proactive in the protection of Users through the use of appropriate security measures, if a User fails to inform ROUTEJM of the missing card, ROUTEJM will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account.ROUTEJMsuggests that Users report any theft, robbery or suspected misuse of their credit card to the police.
If necessary, ROUTEJM undertakes to assist Users and cooperate with the competent authorities as may be necessary to provide reliable evidence of the wrongly applied charge. In the event of fraud, Siyohub reserves the right to take any appropriate action if it has been detrimentally affected by the misuse of the Site.
4. Operation of the Service. Terms of the Mandate.
When a User who is registered as a User needs help with an errand, he/she must go to the online platform or the relevant ROUTEJM application and request the service using the said electronic methods. The basic courier service involves the collection and subsequent delivery of a product to and from the addresses established by the User, provided that they are within the territory in which Siyohub operates. Similarly, a User may ask a Mandatary to purchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses specified. The Mandatary undertakes under a mandate to purchase the products ordered by the User on the latter’s behalf and according to his/her indications and specifications.
Users are solely responsible for providing the correct addresses for delivery and collection on the Platform, and they therefore release ROUTEJM and the Mandatary from any liability for negligence or error in the collection or delivery of the order as a result of providing incorrect addresses for collection and delivery. As a result of the foregoing, the cost resulting from providing an incorrect address for collection and delivery on the Platform shall be borne by the User.
Users must provide all the information, in as much detail as possible, about the service to which the assignment relates and, if applicable, in relation to the product that they are asking the Mandatary to buy in a physical shop on their behalf. To do this, they may provide any comments they may deem useful in the “comments” section as well as, where appropriate, share a photograph with the Mandatary to identify the order. Users will be in constant contact with the Mandatary and may communicate with him/her at any time to ensure that he/she carries out the mandate according to the Users’ own instructions.
In order to facilitate direct communication with the Mandatary and in the event of any incidents in the processing of the order and/or in order to inform of any changes thereto, ROUTEJM makes available to Users an internal chat system allowing direct and immediate contact between the User and the Mandatary while the order is being carried out. The chat session will be deactivated as soon as the User has received the product or the order is cancelled for any of the reasons envisaged. If a User wishes to contact the Mandatary or Siyohub after the order has been completed, he/she must use the contact form available on the Platform and contact the User assistance service.
The User releases ROUTEJM and the Mandatary from any liability for negligence or error in the indications given by the User for the purchase of the product ordered for purchase in a physical store on his/her behalf. As a result, the User shall bear the cost arising from providing incorrect indications on the Platform regarding the products (such as an incorrect address or product).
When placing an “Anything” order, Users may set an approximate price if the price of the product and/or service does not appear on the platform. In such case, the service or product may be purchased by the Mandatary in person based on the User’s estimate and never for more than 30% above the said estimate. If the price is higher, the Mandatary shall contact the User to inform him/her of this situation, and it will be the latter who makes the final decision on whether or not to proceed with the purchase in person at the store. ROUTEJM may provide an approximate price estimate, merely for the purpose of helping the User, and such estimate shall not be binding as the final price payable by the User in any event.
If the price of the product/service does appear on the Platform, the prices appearing on the Platform may be indicative as provided in Clause 7 of these General Terms and Conditions of Use of the Platform.
If the product and/or service is not available, the Mandatary must call the User to set out the available options. If the User does not accept any of the options set out by the Mandatary and is therefore not interested in the alternative options, he/she must accept the cancellation policy set forth in these General Terms of Use (Section Nine). If the User does not answer the phone, the Mandatary shall wait 5 minutes before leaving.
Users accept that according to the services contracted through the Siyohub platform, they can receive the invoices corresponding to the delivery, courier or management services, by the Mandataries.
If the User is not at the place agreed for delivery, the Mandatary shall retain the product for 24 hours, or for 5 minutes in the case of perishable products. In addition, the User must bear 100% of the cost of the basic courier service, as well as the price of the product if one has been purchased or contracted through the Mandatary at the User’s request, and will have to pay for another service in order to receive the products that were not delivered. The Mandatary will in no event be liable for the deterioration or expiry of the product to which the assignment related.
Once the assignment has been completed, if the request included the in-person purchase of a product, the Mandatary shall give the User the paper receipt for such product and/or provide it by e-mail. If the object of the assignment is the mere delivery of a product, the Mandatary shall deliver it to the User at the exact time and place indicated by the latter. All this without prejudice to the electronic receipt for the service that will be received by the User at the e-mail address associated with his/her account.
At that moment, the User, who is the recipient of the service identified by the user in the order, or any third party authorised by him/her, must where appropriate ratify the mandate given by signing on the Mandatary’s device. ROUTEJM is unable to verify the authenticity of the User’s signature. If the User receives confirmation that the order has been carried out without having ratified the mandate either personally or through a recipient authorised by him/her, he/she must inform ROUTEJM immediately so that appropriate steps can be taken by the Platform. ROUTEJM reserves the right to check any communications made by the User for verification and monitoring purposes.
FOOD / PACKAGED PRODUCTS: Siyohub recommends that, when ordering food products under a mandate, Users ask the Mandatary and/or the establishment offering the products, using the methods available on the Platform, for information on the content and composition of the food products ordered.
Furthermore,ROUTEJM is not responsible for ensuring that food orders are delivered to Users in properly closed bags, which should ideally be labelled or sealed.
5. Returning Non-Perishable Products
If a User wishes to return a non-perishable product or make a claim about the provision of a service, without prejudice to ROUTEJM'S ability as an intermediary to take over the handling thereof, the party with ultimate liability will always be the merchant at which the purchase was made. If the User obtains a refund for the purchase price, the merchant will decide how to make the refund (cash, credit card, store voucher, etc.) regardless of whether it is ROUTEJM who pays the refund on the local merchant’s behalf. Therefore, the return of a non-perishable product purchased by the Mandatary pursuant to a mandate conferred by the User shall be subject to the merchant’s returns policy in any event.
As certain establishments may not have premises open to the public, Users will be unable to access them for the purpose of processing any claims or returns. In such cases, they must contact Siyohub’s User assistance service for the necessary help and support using the channels available on the Platform.
If a User wishes to process the return of a non-perishable product because it did not match the order made through the platform, he/she must provide a photograph of the total order together with a list of the incorrect or undelivered products, as well as other proof of the inadequacy of the product requested.
The User must check the non-perishable products delivered by the Mandatary at the delivery address before signing and, where appropriate, ratifying, the mandate. By means of the said signature, the User confirms and ratifies the mandate, the purchase in person or the service carried out on his/her behalf. In addition, the User states that a third party may ratify the mandate on his/her behalf, for example if the User is not at the final delivery address or has designated a third party for collection and signature where appropriate. The User (and/or the said third party) is thus responsible for checking that the service provided is adequate as well as, where applicable, for collecting enough evidence to prove that it was not.
In any event, the decision regarding whether a return is appropriate will lie with the merchant in each case. The User must therefore inform ROUTEJM through the methods provided by ROUTEJM for that purpose if a dispute arises.
6. Prices of the Services and Billing
Users can register for the Platform, and use it, free of charge, although this is subject to review by ROUTEJM at any time. Users may have to pay for certain services on the Platform as provided in these General Terms and Conditions of Use.
ROUTEJM will charge the User a service fee for the use of our Platform in order to continuously improve our overall services, providing a wider selection of vendors and continuously improving our user experience, among others.
The amount of the service fee can be fixed or variable according to the value of the products. ROUTEJM sets the service and makes it visible to Users at the moment of the checkout of every order.
This service fee will be charged against the credit card that you have selected for the payment of the order. In the event that you have selected the cash payment option (this option may be unavailable in some of the countries in which ROUTEJM operates), the service fee will be charged to you in cash at the time of collection or delivery of your order, and the store will be responsible for receiving this amount on behalf of and in the name of Siyohub.
The use of the Platform by Mandataries and merchants may have an associated cost based on the country from which they wish to use the Platform to provide services.
The User only has to pay for each service requested through the Platform for his/her use thereof to order products, and to communicate through the Platform, as well as for the courier or errand services provided by third parties.
In the event of rain or bad weather conditions, the User will have to pay an additional fee for the courier or errand service provided by third parties in such weather conditions.
In addition, for services that include the purchase of a product, the User must pay the price of such product. By registering through the Platform and providing the required bank details, Users expressly authorise ROUTEJM to issue receipts for payment of the services requested, including the price and delivery of the products ordered.
The total price of each service may be composed of a variable percentage based on the number of kilometres travelled and the time taken by the Mandatary, as well as, where applicable in cases in which a User requests the physical purchase of a product or service, the price established by each merchant. ROUTEJM reserves the right to change the price based on the distance travelled and/or the time slot in which the service is performed. In accordance with these terms, the User will be entitled to know the approximate fee for the service before contracting it and paying for it, unless the User has not specified the address for collection. The fee for the delivery service may vary in cases of force majeure beyond Siyohub’s control that entail an increase in such fee.
The fee may include tips for the Mandatary and/or the local store, whose amount shall be solely and entirely at the User’s discretion.
ROUTEJM reserves the right to change the prices on the Platform at any time. Such changes shall take effect immediately after publication. The User expressly authorises Siyohub to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the User must enter the relevant tax data on the platform before placing the order.
If a service is cancelled by the User once the preparation of the order by the local merchant has been confirmed and the User has been informed, ROUTEJM will be entitled to charge the User the fee applicable in each case. Similarly, if the User has asked the Mandatary to purchase a product on his/her behalf and the User cancels the order after the purchase has been made, the latter shall bear the cost of the delivery services provided by the Mandatary as well as the full price of the product. All this without prejudice to the User’s ability to request a new service in order to return the products purchased or to have them delivered at a different address. In the case of non-perishable products, the User may exercise his/her right of withdrawal vis-à-vis the merchant that sold him/her the products. If the User wishes to exercise this right through ROUTEJM, he/she must request the service again.
6.1. Payment Platforms
Payment for products and/or services offered on the Platform, sold in person at restaurants and/or stores and delivered to Users in a deferred manner is temporarily made to Siyohub, who then sends it to the restaurants and/or stores with which it has a commercial agreement in place. The associated restaurants and/or establishments authorise Siyohub to accept payment on their behalf. Payment of the price of any product (such as food, drink, a gift, etc.) properly made to Siyohub will therefore discharge the User’s obligation to pay the said price to the associated restaurants and/or establishments.
Similarly, the User’s payment releases him/her from any obligation vis-à-vis the Mandatary, as full payment from the User discharges any obligation that the User may have vis-à-vis restaurants and/or stores and/or Mandataries.
Payment by Users for products and/or services is received at ROUTEJM'S accounts through an Electronic Money Institution. Electronic Money Institutions are authorised to provide, directly or indirectly, regulated payment services in all the territories in which XDEL operates and are in compliance with the current legislation applicable to payment services for Platforms such as XDEL*.
*If such institutions are not authorised, ROUTEJM will accept no liability for such lack of authorisation or licence, and sole and exclusive liability shall lie with the Electronic Money Institutions.
Using the payment provider contracted by it for this purpose and for the sole purpose of verifying the means of payment provided, ROUTEJM reserves the right, as a fraud prevention measure, to request a payment pre-authorisation for the products ordered through the platform. Such pre-authorisation shall in no event involve payment of the full amount of the order, as this will be done solely and exclusively after the products have been made available to the User, or for the reasons set forth in these terms and conditions.
In order to provide Users with greater support, ROUTEJM shall be their first point of contact and shall accept liability for payments made on the Platform. Such liability includes refunds, returns, cancellations and early-stage dispute resolution, and it is without prejudice to any actions that may be taken by ROUTEJM vis-à-vis local merchants as the sole physical sellers of the products ordered by Users.
In accordance with the foregoing, in the event of a dispute, ROUTEJM shall provide the first line of support and shall reimburse the User if this is deemed appropriate.
If a User has any issues with the progress of his/her order, he/she may contact Siyohub’s User assistance service through the methods made available to Users on the Platform.
7. Price of the Products and/or Services Appearing on the Platform
All the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall in any event be denominated in the currency in force in the territory from which the User operates.
In accordance with Clause 6 above, the prices applicable to each service shall be as published on the Platform, subject to the specific characteristics set forth above, and applied automatically at the last stage of the contracting process.
However, the prices of the products sold in restaurants and/or stores shown on the ROUTEJM Platform may be indicative only. In any event, they correspond to the products sold in restaurants and/or stores, and they are set solely by them. The User may contact the Mandatary to confirm the final price of the products ordered.
The User assumes that, in any case, the price of some products may change in real time based on the establishment that sells them and on the available stock. The User may contact Siyohub for any information about the order placed.
In accordance with the foregoing, the User grants the Mandatary, by means of the purchase and delivery request made through the Platform, a mandate to purchase the products in person, on his/her behalf, at the price set by the merchants. The User may be in direct contact with the Mandatary while the order is being carried out.
8. Promotional Codes and/or Other Offers or Discounts
ROUTEJM may unilaterally provide at any time credits for use within the Platform or free shipping to certain Users. The User acknowledges and accepts that credits and free shipping must be used within six (6) months from the date on which the credit or free shipping was made available to the User on the Platform.
Promotional codes and/or other offers or discounts offered on the Platform must be correctly entered in the application before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy them.
Whenever a cancellation is requested by Siyohub in accordance with Section 9 below, the User shall ensure that the promotional code and/or other offer or discount is valid for future use. When the cancellation is at the User’s request, Section 9 below will apply.
ROUTEJM reserves the right to unilaterally cancel promotional codes and/or other offers or discounts offered if it becomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by someone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts), at the end of the above-mentioned period. Furthermore, it reserves the right to apply sanctions to Users for the amount for which ROUTEJM has been defrauded as a result of such use.
ROUTEJM will accept no liability if, due to an event of force majeure or other events beyond its control or whose need is justified, it is forced to cancel, shorten, extend or amend the conditions of promotions.
In particular, ROUTEJM will accept no liability if the website is not available at any time during promotions or for a malfunction in the automated promotion system.
9. Right of Withdrawal and Cancellation of Orders
In accordance with the nature of the service offered by ROUTEJM, the User is aware that, once a Mandatary has voluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User may therefore no longer be entitled to withdraw the service request free of charge.
Without prejudice to the foregoing, the cost of cancellation may depend on the following factors;
- If the restaurant or establishment has already accepted the order and started preparing it, the User will be charged the price of the products. The User will be informed of the restaurant’s acceptance through the Platform and/or by e-mail at the e-mail address registered by the User.
- If the User cancels the order once the Mandatary has accepted it for processing, the User will be charged the cancellation fee. The User will be informed of the Mandatary’s acceptance through the Platform. The User can see the cost of cancellation on the Platform. If the order is cancelled by ROUTEJM, the agents will contact the User to inform the latter of the cost of cancellation if there is one.
If the restaurant or establishment and the Mandatary have accepted the order for processing, the User will be charged both the price of the products and the cancellation fee.
The total cost of cancellation will appear on the User’s screen on pressing the “Cancel” button on the Platform. The User will be shown the charge to be applied, based on the factors described above, in advance.
In the case of certain cities, it may not be possible to view the cost of cancellation directly on the Platform. In such cases, the applicable costs of cancellation will be those set forth in Annex II hereof.
In the case of non-food or non-perishable products, if the Mandatary has already purchased the product ordered at the time of cancellation, the User may ask the Mandatary to return it. To that end, the User must pay the products’ full purchase price and delivery costs, as well as the cost of the return service. If the Mandatary has been able to return the product, its value will be refunded to the User who, as mentioned above, must pay the cost of the two collection and delivery services as well as the return service. The return shall in any event be subject to the merchant’s return policies, and the User therefore states that he/she is aware that, in the case of perishable products (e.g. food), the product may not be returned and XDEL will therefore be entitled to charge him/her for both the product already purchased by the Mandatary under his/her mandate and for the cost of the delivery service incurred.
Notwithstanding the foregoing, in the specific case of orders placed on the Platform through the McDonald’s product drop-down menu, the User must deal directly with ROUTEJM.
If the User has given an incorrect delivery address for the products, he/she may enter a new address at any time provided that it is within the same city as the original order and this is a city in which ROUTEJM provides its intermediation service. In such case, the User will be ordering a new service and agrees to be charged the appropriate amounts for the new delivery. If the address is in a different city from the one originally specified, the address may not be modified for delivery in a new city, and the order will be cancelled, with the User bearing the resulting costs as provided in this clause.
ROUTEJM reserves the right to cancel an order without having to provide a just cause. In the event of cancellation without just cause at ROUTEJM'S instance, the User shall be entitled to a refund of the amount paid.
ROUTEJM has official claim forms available to Users, in the official languages of the countries in whichROUTEJM operates, in relation to the service offered by it. Users may request the above-mentioned claim forms through Siyohub’s User assistance service, and the option to access them will be sent automatically. The User’s e-mail must specify the exact location from which the request is being made, which must be the same as the place where the service is to be carried out. In the event of doubt, the claim should be made from the latter place.
10. Special Terms of the Product Purchase Service throughROUTEJM
The User has the option of requesting through the Platform the purchase by a Mandatary, in person, of a selection of products and/or services offered by establishments with which ROUTEJM may or may not have a commercial agreement in place. Using a drop-down menu within the Platform, the User can choose from among a number of options that may indicate the characteristics and price of the product or service as well as, sometimes, even a photograph thereof, for indicative purposes only.
If a User wants to know the composition and nutritional information of the products available on the Platform, he/she must contact each establishment directly to obtain full information about the products.
Once the User has selected one of the options, he/she can also complete the order by using the free-text space provided in order to include more detailed information or instructions for the Mandatary who is to carry it out.
By using the “Anything” Button, the User states his/her wish to order the purchase in person of certain products, and the Mandatary will be a mere agent acting on the User’s behalf. The User may specify the products to be included in the order by using the free-text box to include more detailed information or instructions for the Mandatary who is to carry it out. As a result of the foregoing, the User shall be solely responsible, and it would be the User who, if the situation arose, would be liable for any incident arising from the nature of the products (such as a sanction, civil and/or criminal liability, financial liability, etc.). In relation to this, Users should be aware that ROUTEJM actively collaborates with the authorities of each country to combat, among other crimes, fraud, drug trafficking, money laundering, terrorism and identity theft. The User is therefore aware that Siyohub may disclose his/her data to public authorities on their request in order to prevent and avoid the commission of these or other criminal offences.
The User is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the Platform, are provided based on the information and documents supplied by the establishments, and that ROUTEJM is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs.
Furthermore, the User accepts that all the products appearing on the ROUTEJMplatform are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service may be found not to be available at the establishment. In addition, the price of the product is subject to slight variations due to modifications at the point of sale. ROUTEJM reserves the right to proceed with the purchase in the case of price variations of up to 30%. If the variation is greater than the said 30%, the Mandatary shall contact the User to inform him/her of the situation.
Siyohub reserves the right to withdraw any product from its platform, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.
10.1 Deliveries
ROUTEJM provides Users with a delivery service for products purchased by a Mandatary in person in certain cities. Such an order can be carried out whenever the following conditions are met at the time of payment:
The service must be operative during the chosen time slot.
The goods to be delivered must be in one of the cities, and within the available area, in which Siyohub operates.
The destination must be located in the same city as the product.
The product(s) ordered cannot exceed the following size: 40 cm x 40 cm x 30 cm*
The maximum weight of a single order will be approximately 9 kg*
*The above-mentioned size and weight will not apply in the case of vehicles capable of accommodating such volumes.
10.2. Price and Payment Method
The price of the product and/or service shall be as stated by the establishment on the Platform. However, the User knows that the price of some of the products may vary in real time due to stock availability at the establishments appearing on the platform, and that the User will in any event always be told the final cost before payment.
From the moment when the Mandatary is 1000 metres away from the order collection point and until its delivery, the User may contact the Mandatary who will be acting on the User’s behalf in the purchase of products and services. Any change or variation shall therefore be reported by the Mandatary for the User’s approval before carrying out the mandate. If the User wishes to make any comments regarding the order, he/she will always be able to directly contact the Mandatary who is carrying out the mandate.
Similarly, at the payment gateway stage, the User will be informed of the final price and approximate time of delivery in accordance with the terms of ROUTEJM'S courier service set forth above.
The User may pay for the products and/or services in cash or by credit card. The cash payment option may be unavailable in some of the countries in which ROUTEJM operates. When making the order, the User will be informed of the various payment options available in the territory from which the service is being requested. In order to pay with a credit card, the User must provide the card details through the platform as a payment method associated with his/her account. ROUTEJM does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider that makes the payments on ROUTEJM'S behalf. Users paying by credit card will incur no additional charges for choosing this payment method. All this in accordance with the terms of the payment platform set forth in Clause 6.1.
In the case of cash payments, the User must pay the price at the time of delivery of the product and/or on completion of the assignment at the place of delivery. The User may not refuse to pay the delivery fee and/or the price of the product ordered. The User can only refuse to pay the service fee if he/she has made a complaint and has received a response from Siyohub that is favourable to the User by the time of the delivery.
If payment for the service can for any reason not be taken from the User, the User’s account shall be blocked until the situation has been rectified and the debt has been settled.
10.3. Home Delivery of Free Samples and Other Commercial Actions
Siyohub reserves the right to enter into commercial agreements with Stores, Department Stores, Entrepreneurs, Professionals (e.g. mass market food companies, laboratories, Department Stores, large and small consumer brands, etc.) to send promotional communications, including the addition of free samples to the order delivered to the User’s home.
11. Special Terms of the ROUTEJM'S Service
Siyohub makes available to Users, on the Platform, a category where they can choose from a range of products that can generally be found, among other places, in supermarkets, department stores and/or personal care establishments so that the Mandatary who agrees to carry out the order can deliver them at the address provided by the user.
After selecting their preferred products, Users may request, using the mechanisms available on the Platform, information on the products’ allergens, intolerances, composition and/or nutritional information, which shall be provided through the contact chat service or the User’s e-mail address registered on the Platform. ROUTEJM may also make available to those Users who request it information links where they can find and review such information. “SuperSiyohub” orders shall be governed by the provisions of Clause 10.1 above.
Unless otherwise specifically provided in this section, the General Terms of Use shall apply to the ROUTEJM Service.
12. Special Terms of the Siyohub Parcel Delivery Service
ROUTEJM has a platform for sending and delivering products available to businesses and professionals. This section shall apply to the specifications of the services offered by ROUTEJM on the website ROUTEJM.COM. The General Terms of Use and Contracting shall apply to everything not covered by this section.
12.1. Object
The User may log into the Siyohub Business Service using his/her username and password registered on the Platform for the purpose of requesting the collection and delivery of the desired products from one or more collection points and to one or more delivery points, and their transport will be carried out directly by the Mandataries.
The services requested by the User on the ROUTEJM Business Platform will not entail the purchase of Products but merely intermediation services in the delivery of the desired products from the collection address to the delivery address.
Once the order has been placed, the Mandatary will go to the collection point(s) established by the User in order to collect the Order(s) together with their Confirmation on the Platform. To collect an Order, the Mandatary must present the Order Confirmation on the Platform. Finally, the Mandatary must deliver the Order to the designated delivery address(es).
Users may cancel an Order free of charge until it has been accepted by a Mandatary. However, if a User cancels an Order that has been accepted by a Mandatary, the User will have to pay 100% of the price for cancelling an order in progress.
If the Mandatary arrives at the delivery address and the intended recipient of the Order does not appear within 10 (ten) minutes of waiting and communication attempts, the Mandatary must return the Order to the initial collection address and ROUTEJM will be entitled to charge the User for the additional expenses incurred in connection with the new service carried out.
These additional costs shall be calculated based on a variable cost that will depend on the number of kilometres travelled to the point of delivery and a fixed cost corresponding to the return of the order to the address of origin.
If a User has any problems while placing an Order, he/she must contact ROUTEJM'S support service.
The Siyohub Business Platform will be available on the days and at the times when the platform is active.
The size of packages that can be carried by Mandataries may in certain circumstances be subject to restrictions. Products must be located in the cities in which ROUTEJM operates, and their collection and delivery points must be located in the same city and areas served by Siyohub.
12.3. Fee for the Services
The Price of each Order will consist of a variable fee (plus any indirect taxes that may be applicable by law) based on the distance travelled (km) (hereinafter the “Fee”).
ROUTEJM reserves the right to modify prices based on the distance involved and/or the time of day when the Order is carried out.
In accordance with these terms, Users will be entitled to know the approximate Fee that they will have to pay for their Order before they place it. The Fee may vary if there are events of force majeure beyond Siyohub’s control that result in an increase in the Fee payable. ROUTEJM shall also pay the Mandatary’s Fee on the User’s behalf. The Fee may also be increased if a User provides subsequent information to the Mandatary, such as a change of collection and/or delivery address(es) or the addition of addresses to the initial order.
Payment for the service rendered may be made by the following methods, to be freely chosen by the User:
Credit card: Users may pay for each Order individually using a credit card in the same manner and under the same terms as provided in the General Terms of Use and Contracting.
Monthly payments / direct debit: ROUTEJM will collect the total amount incurred by the User in each calendar month by direct debit based on the information provided by the User.
If the direct debit is cancelled and the relevant payment can therefore not be taken, the amount owed by the User will be charged to his/her associated credit card her on the same day on which Siyohub is notified of the direct debit failure. In such case, the User must bear the costs arising from the direct debit failure (e.g. bank charges).
13. Purchases of Alcohol
Users who place an order that includes the purchase and/or delivery of alcoholic drinks through the platform must be of legal age. This means that they must be at least the age stipulated by the local legislation applicable in the territory in which the User is placing the order. When placing an order that includes alcoholic drinks, the User confirms that he/she is at least the age stipulated by the local legislation applicable in the territory in which the User is placing the order. ROUTEJMreserves the right to refuse the order for the purchase and/or delivery of alcohol to any person who is unable to prove that they are at least the age stipulated by the local legislation applicable in the territory in which the User is placing the order.
This clause will apply in exactly the same way to any other similar product and/or service ordered by a User through the Platform that is reserved for over-18s under the current legislation.
Similarly, in those cases and cities in which the sale and/or delivery of alcoholic drinks is restricted during a particular time slot, it is the User’s responsibility to place orders only during the times allowed under the applicable legislation. ROUTEJM reserves the right to refuse the order for the purchase and/or delivery of alcohol outside the permitted times.
14. Products from Pharmacies
In accordance with the current legislation, ROUTEJM does not sell or advertise medicines for human use through the Platform. Mandataries act as agents of those Users who order, through the Platform, non-prescription drugs for human use for collection.
In any event ROUTEJM guarantees to Users the availability of a pharmacist’s advice before ordering their medication. For this purpose, ROUTEJM has included a SPECIAL REQUEST box so that, in the event of doubt, the User can consult the pharmacist who is to dispense the product(s) through the Platform, all this in order to ensure that the Pharmacist can dispense the correct product.
In any event, ROUTEJM will accept no responsibility for Users’ use of the products ordered in the Pharmacy section or be liable for the amounts and/or condition of the products dispensed at pharmacies.
In addition, the Platform may provide the pharmacy that dispenses the medicine ordered by the User with the latter’s username and phone number so that it can answer the User’s questions. This disclosure of data will in any event be subject to the User’s express and unambiguous authorisation in accordance with the applicable data protection legislation.
ROUTEJMmakes available to all ROUTEJM Users on the Platform the medicines’ official data sheets published by the Spanish Agency for Medicines and Medical Devices (Agencia Española de Medicamentos y Productos Sanitarios) of the Ministry of Health, Social Policy and Equality (Ministerio de Sanidad, Política Social e Igualdad).
16. Geolocation
ROUTEJM may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorised by the User. The said location data may be collected and used by ROUTEJM to show Users the location of the point of origin and/or destination of an assignment. In this regard, Users expressly consent to their geolocation data being shared with other Users and Suppliers in order to successfully carry out the assignment requested at any given time. Users may choose to disable Geolocation on their devices as provided in the Data Privacy Policy.
The User shall be responsible for entering the correct addresses for collection and delivery. In this regard, ROUTEJM will accept no liability for errors or omissions in the provision of such addresses by the User.
17. The User’s Obligations
Users are fully responsible for the proper use of, and access to, their profile and other Platform contents in accordance with the current legislation, be it national or international, of the Country from which they are using the Platform, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use.
Users are responsible for correctly entering their individual usernames and passwords, which are non-transferable and must be sufficiently complex, and for not using the same username and password as on other platforms, all this in order to protect their account from fraudulent use by third parties not belonging to the Platform.
Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests or that may in any way damage, disable, affect or impair the Platform and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Platform.
ROUTEJM may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of their issuers.
Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Siyohub will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.
In general, Users undertake, by way of example without limitation:
To refrain from altering or modifying the Platform, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
To refrain from infringing industrial and intellectual property rights or the personal data protection legislation;
To refrain from using the Platform to insult, defame, intimidate or harass other Users or attack their image; - To refrain from accessing other Users’ e-mail accounts;
To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to ROUTEJM' or third parties’ contents or systems;
To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
To refrain from advertising goods or services without Siyohub’s prior consent.
Any User may report another User if he/she believes that the latter is in breach of these General Terms of Use. Similarly, any User may inform ROUTEJM of any abuse or infringement of these terms through the Contact Form. ROUTEJM will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Platform for breach of these General Terms of Use. Furthermore, Siyohub reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.
19. Deleting accounts by Users
Users may request deletion of their account at any time through AllFor Cars app
Following an account deletion request, AllFor Cars deletes the user’s account and data, unless they must be retained due to legal or regulatory requirements, for purposes of safety, security, and fraud prevention, or because of an issue relating to the user’s account such as an outstanding credit or an unresolved claim or dispute. Because we are subject to legal and regulatory requirements relating to drivers and delivery persons, this generally means that we retain their account and data for a minimum of 7 years after a deletion request. For riders and order recipients, their data is generally deleted within 90 days of a deletion request, except where retention is necessary for the above reasons.
20. ROUTEJM'S Responsibility
Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Platform. Users can report any incidents or problems accessing the Platform to Siyohub using the contact channels made available to Users, and Siyohub will analyse the incident and instruct the User on how to resolve it as quickly as possible.
ROUTEJM does not control, and is not responsible for, the contents uploaded by Users through the Platform, and Users are solely responsible for the lawfulness of such contents.
ROUTEJM will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.
ROUTEJM accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:
The presence of a virus in the User’s computer system or mobile handset used to connect to the Platform’s contents and services;
A malfunction of the browser;
The use of outdated versions thereof.
21. Liability for Contents
ROUTEJM does not control (and is under no obligation to control) how Users use the Platform. It therefore does not guarantee that Users use the Platform in accordance with these General Terms of Use or in a diligent and/or prudent manner. ROUTEJM does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.
ROUTEJM will not check the products sent or delivered through orders on the Platform. Both the User and the Mandatary therefore release ROUTEJM from any liability that might arise from the availability and/or transport of products requiring specific permissions or licences, or of products forbidden by any applicable legislation, as described (by way of example without limitation) in Clause 15 above. If Siyohub becomes aware that the User and/or the Mandatary is/are using the Platform to transport prohibited products, Siyohub may launch an internal investigation to ascertain the facts, take any legal action that may be necessary and/or block the User or Mandatary in question until any potential investigation has been completed. The measures available to ROUTEJM include providing the authorities with data and information on the Users and Mandataries.
ROUTEJM rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Platform. In particular, ROUTEJM accepts no responsibility for the use of the Platform or for any orders that may be made by a third party from the User’s account.
Notwithstanding the foregoing,ROUTEJM reserves the right to fully or partly restrict certain Users’ access to the Platform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware, or there are signs, that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, Siyohub may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Platform, Users assign to ROUTEJM all exploitation rights arising from the contents thus supplied.
22. No Warranty in Assignments or Payments
Siyohub gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights by Mandataries. In this regard, Users state that they understand that Siyohub is a technology platform whose main activity is intermediation; in other words, it puts Users and Mandataries in contact with each other; and that it therefore accepts no liability arising from the information provided by Mandataries or for any loss or damage that may potentially be suffered by them due to a breach of these General Terms of Use. When an order is placed on the Platform and accepted by the Mandatary, a direct relationship is established between the User and the Mandatary. Siyohub is not a party to this relationship and merely provides the Platform to enable the Parties to communicate and place as many orders as may be necessary. Siyohub will therefore never be liable for the availability of Mandataries or for their adequate and satisfactory performance of assignments.
ROUTEJM makes no assertions or confirmation regarding any Mandataries or their identity or background information. Notwithstanding the foregoing,ROUTEJM may potentially carry out additional checks and put into motion procedures designed to help check or verify the identity of Mandataries. In this regard, when a User achieves Mandatary status, this simply indicates that the said User has completed the relevant registration process and has accepted these General Terms of Use and any other specific terms that may apply to him/her. Such status implies neither certification nor endorsement by ROUTEJM as to such User’s reliability, suitability and/or safety.
