WooCar Terms and Conditions
General Conditions of Use
Prior to using any service or content offered through the WooCar mobile application (hereinafter, the “Application"Or the"Platform"Interchangeably), these terms and conditions (hereinafter, the"Terms and Conditions”), Which are intended to establish the general conditions of use of the Application owned by Woolabs SA (hereinafter the "Business").
The use and download of the Application attributes the condition of user of the same (hereinafter, the “User”) And implies the reading, understanding and acceptance of the Terms and Conditions.
Users affirm that they are fully capable and competent to accept and comply with the Terms and Conditions, and to be able to enter into legally binding agreements in accordance with current laws. If Users do not agree to these conditions, they must refrain from using the Application.
The User acknowledges and accepts that the use of the content and / or services offered through the Application will be at their sole risk and / or responsibility. The User agrees to use the Application and all its content in accordance with the law, morality, public order and these Terms and Conditions. Likewise, you undertake to make proper use of the services and / or contents of the Application and not to use them to carry out illegal activities or activities that constitute a crime, that violate the rights of third parties and / or that violate the regulation on intellectual and industrial property. , or any other rules of the applicable legal system. In particular, the User agrees not to transmit, introduce, disseminate and / or make available to third parties, any type of material and information that is contrary to the law, morality, public order and / or these Terms and Conditions .
The User understands and acknowledges that the communications, notices, regulations, instructions, policies and / or messages of any kind published by the Company through the Platform are also part of the Terms and Conditions and must be respected by the Users.
In the event that the User detects something that he considers objectionable and / or in violation of these Terms and Conditions, he may report it by sending a message to the "[email protected]", Identifying it with the subject" COMPLAINTS ".
WooCar is a platform that allows users to monitor and measure driving habits.
The Application has as a direct User the driver who can self-evaluate and improve his driving skills. Better driving skills come with efficient use of fuel and reduced expenses related to car maintenance.
The Application allows, through the registration of a User account (hereinafter "Fleet Administrator User"), to monitor and measure driving habits of those third parties that link its Users to it.
Through the Application, different user management parameters are analyzed and a total score is given. (hereinafter the "Score").
The Score is made up of the following categories:
- Ability: handling capacity (detects for example sudden accelerations and braking);
- Caution: ability to respect road regulations;
- Medical Attention: Measure distractions while driving such as using your smartphone while driving.
- Echo: efficient management;
- Distance: distance traveled.
Registration and User account
In order to use the Application, Users must create a user account, having to complete the following basic information: username, first name, last name, email, telephone.
Alternatively, the User may enter directly through their Facebook account, Microsoft Azure Signin, or Google+. The User understands and accepts that in this case the Company will require access to certain profile data of said account, and expressly authorizes such access.
The User will be solely responsible for keeping such personal information updated, which he declares to be accurate, precise and true. Notwithstanding this, the Company reserves the right to verify, by itself or through third parties, the accuracy and veracity of the personal information provided.
Users agree not to reveal or share their username and / or password with anyone. Likewise, the User agrees to immediately notify the Company of any unauthorized use of their password, username, or any other breach of security of which they are aware.
Users will be responsible for all activities that occur on or through their account, and must respond to any damage or harm that the use of their account by unauthorized third parties may cause the Company or any third party. The Company will not be responsible for any loss or damage caused as a result of the breach of any of these obligations by the Users.
The User may terminate their relationship with the Company and cancel their account within the Application at any time. To this end, the User would have linked his User to the account of a Fleet Administrator User, he may request the latter to be terminated or, failing that, formally request the Company to remove his user account via email to "[email protected]".
The User understands that the Company may reject a registration request, cancel, suspend temporarily or indefinitely and / or cancel their user account in case of breaches or violations of these Terms and Conditions, requirements of legal or governmental authorities and / or at the sole discretion of the Company.
The User may register independently or link their User account to the account of a Fleet Administrator User, who will have the power to (i) authorize such linking, (ii) manage the accounts of the linked Users, (iii) access to all the Personal Data of the linked Users as well as to all the activity in the Application of the linked Users.
Other benefits of the Application
Knowing the driving habits and preferences of Users, the Company is in a privileged position to offer options for your next transportation. Thus, the Company can recommend vehicles with certain characteristics to the User, according to the use that the User gives it.
Also, thanks to the Application, the User will have their historical driving score, having the possibility of publishing it when selling their cars and providing transparent information to potential buyers.
Additionally, and since the Application aims to improve the driving skills of the Users and generate a conscious driving practice, the entire society benefits. The positive externality for society is based on the fact that the better driving of the Users brings with it a reduction in accidents related to driver imperfections and the efficient use of the car has a positive impact on the reduction of environmental pollution.
The Platform will have a comments section, through which Users can leave messages that can be seen by other Users, while they can view and read the messages published by other Users.
The Company is not responsible for the information and / or content incorporated by Users under the comments section, with each User being exclusively responsible for the comments, messages and / or content posted on the Platform.
The User understands and accepts that all information (including personal data, as defined under the "Privacy" section herein) that he publishes in the comments section may be viewed by other Users and / or third parties, and expressly authorizes the Company to display them on the Platform.
The Company reserves the right to totally or partially suppress a comment published by a User if it is considered offensive or in violation of these Terms and Conditions, without requiring prior consent or notification from the User who made the comment.
If any User is affected by a comment or information published by another User, they may request its elimination through the mail "[email protected]".
Users may share their experience and certain content of the Platform through social networks (such as, but not limited to, Facebook, Twitter, Tumblr, Snapchat, Instagram, YouTube, among others) in which they have accounts.
Likewise, Users consent to the Company sharing certain User content through its social networks and / or its own channels (or channels linked to the Company), in order to promote the Application, its functionalities, characteristics and benefits.
At all events, it is expressly stated that the social networks and / or channels that are used in the manner just indicated do not sponsor, endorse or are associated with the Company and / or the Application. The operation and availability of the content published and / or shared through these platforms will depend on the terms of each of these, the Company not being responsible for their availability, quality, frequency, functionality, accessibility and / or any other characteristic. from the same.
Costs for the use of the Platform
The download and use of the Platform by the User will be free.
The fee for the use of the Platform and the maintenance of the Fleet Administrator User will be governed by those that have been previously informed by the Company to the Fleet Administrator User.
The use of the Application will imply the collection and treatment by the Company of certain personal datal, which will be treated at all times in accordance with the provisions of the Personal Data Protection Law No. 25.326, its Regulatory Decree 1558/2001 and other regulations issued by the National Directorate for Personal Data Protection.
For the purposes of these Terms and Conditions, the term “Data message”To all information referring to Users that allows their identification directly or indirectly.
In addition to the registration data (indicated under the section "Registration and User account"), the following Personal Data are collected through the Application:
Driving habits, geolocation, car make and model, car insurance and insurance company, driving scores, trips made, distances traveled, ID of the mobile device used, incoming call information.
Users expressly consent that their Personal Data be collected, stored, accessed and shared by the Company as indicated in these Terms and Conditions.
The Company will process the Personal Data for the purposes (i) that the User can use the Application; (ii) to establish the Score - as detailed in these Terms and Conditions-; (iii) the sending of reports in which the User's Score is indicated and the User's driving habits are described, indicating excess speed, duration of the trips made, use of the telephone while driving, among other variables; and (iv) to analyze trends, behavior, management behaviors and interests of Users, for statistical purposes and to improve the Application and enhance its functionalities. Likewise, the Company may send information or messages by e-mail to Users about the Application and / or communicate, advertise or offer products and / or services marketed or offered by the Company, its affiliates, subsidiaries or associates and / or third parties with who the Company maintains commercial relationships. Without prejudice to this, at any time the User may oppose the receipt of said communications.
The Personal Data collected by the Company through the Application will be stored in a database of its ownership duly registered with the Access to Public Information Agency.
The Company will adopt the security measures and preservation of information required by current regulations (including those contained in Resolution 47/2018 issued by the Agency for Access to Public Information), in order to guarantee an adequate level of reserve and confidentiality of User data.
Users understand that in the event that their User account is associated with a Fleet Administrator User, their Personal Data, as well as all the activity of their account, may be accessed by the Fleet Administrator User.
Users may only use such information online for the purpose for which they were collected as reported in this document and / or for any other purpose to which the corresponding User expressly consents once the legally required information has been previously communicated. .
Users may not communicate personal data of another User to any third party without the consent of the Company and that of the User who owns those data.
Users also consent to their Personal Data being shared with third parties as detailed in these Terms and Conditions and insofar as this is necessary for the development or fulfillment of the services provided through the Application.
All information and personal data collected from the User will be hosted on Company servers provided by Google LLC based at 1600 Amphitheater Pkwy, Mountain View, United States of America.
Users accept that the recipients of their Personal Data could be located abroad, even in countries that - in accordance with the provisions of Provision 60-E / 2016 of the National Directorate for Personal Data Protection - do not ensure adequate levels of protection, Users expressly authorizing the international transfer of their Personal Data to those countries, in accordance with the provisions of art. 12 of Decree 1558/2001.
Personal Data may also be disclosed to third parties under the following circumstances: (i) when there is a legal obligation to do so, and (ii) by virtue of an order issued by a competent judicial authority.
In compliance with the regulations Resolution 14/2018 of the Agency for Access to Public Information, Users are informed that “The AGENCY FOR ACCESS TO PUBLIC INFORMATION, in its capacity as Organ of Control of Law No. 25.326, has the power to deal with complaints and claims filed by those affected by their rights due to breach of current regulations on the protection of personal data. "
In order to exercise their rights of access, update, rectification and / or deletion, Users may send a letter or document or appear in person - after proof of identity - at the address of the Company indicated in the "Contact" section below, or call +5491139441006 or send an email to the box "[email protected]".
Collaboration with Transport and Environment Organizations
The Company collaborates with government entities, academic institutions and road observatories, providing monthly reports and heat maps with geo-located management indices: ECO score, attention score, well maps, live management cycles, etc. This allows you to analyze the current situation, take measures to improve traffic flow, and evaluate your gains with before and after indicators.
The reports mentioned in the previous paragraph will not contain personal data protected by the applicable regulations.
Intellectual and / or Industrial Property
The User understands and accepts that the Platform and all its content, including without limitation software, codes, graphics, texts, images, structure, information, design, aesthetics, brands, logos, trade names and / or any other distinctive sign, are of exclusive property of the Company (or, in case any of its components were owned by third parties, the Company has the necessary authorizations to use them) and are protected under the laws of intellectual and / or industrial property and / or any other right that could be applicable.
Through these Terms and Conditions, the User receives a limited, non-exclusive, non-transferable or sub-licensable license to access and use the Platform and its contents and materials for their personal and non-commercial use. The User may not under any circumstances circumvent, deactivate, decompile, use reverse engineering techniques and / or disassemble the programs, systems or devices used on the Platform, nor may he download, reproduce, distribute, adapt, modify, eliminate identification notices, Copyright notices or other notifications related to property and intellectual property, publicly communicate or execute and / or in any way use the contents of the Platform beyond what is expressly provided in these Terms and Conditions.
In no way can it be interpreted that downloading, accessing and / or using the Platform gives the User any rights over them, beyond what is expressly provided in these Terms and Conditions.
Operation and guarantees
THE COMPANY DOES NOT GUARANTEE THAT THE APPLICATION WILL ALWAYS BE SECURE OR ERROR-FREE, OR THAT IT WILL ALWAYS WORK WITHOUT INTERRUPTIONS, DELAYS OR IMPERFECTIONS.
The Company will not be responsible for any loss or damage derived directly or indirectly from the use of the Platform and the information contained therein.
The Company reserves the right to review, modify, improve or interrupt the Platform and / or its functionalities or operations when it deems it appropriate and without prior notice to Users.
Therefore, access to the Platform may be suspended momentarily and without prior notice in the event of a system failure, maintenance, review or repair operations or for other reasons. The Company will not be responsible for any damage that the suspension or interruption of the Platform may cause the User.
The Company will not be obliged to provide maintenance or technical assistance services to Users.
The Platform may include hyperlinks to websites and / or applications that are not owned or controlled by the Company. The Company does not control the contents, privacy policies or terms and conditions of third party websites / applications nor does it assume any responsibility for them.
The User understands and accepts that the Company may stop providing the Platform and its Services at any time.
The User will be responsible for having the necessary elements to use the Application and access the Services, including without limitation a vehicle, mobile device, computer, access to an internet connection and / or mobile data.
The Company will not be responsible for the impossibility of the User to use the Application and / or access the Services, or for its poor functioning, derived from the lack by the User of the elements mentioned above.
DEPENDING ON THE NATURE OF THE INTERNET AND THE COMPUTER SYSTEMS IN GENERAL, WHICH MAY RESULT VULNERABLE, AND WITHOUT DAMAGE THAT THE COMPANY WILL MAKE ITS BEST EFFORTS SO THAT THIS DOES NOT HAPPEN, THE USERS UNDERSTAND AND AGREE THAT THEY DO NOT GUARANTEE THAT THEY DO NOT UNDERSTAND IT. PLATFORM IS FREE OF VICES, ERRORS OR DEFECTS, NEITHER THAT THE SAME IS USEFUL FOR A SPECIFIC RESULT OR PURPOSE, THE COMPANY DOES NOT ASSUME ANY KIND OF RESPONSIBILITY IN THIS SENSE AND THE USER AND THE USER USE THE PLATFORM AND ITS EXCLUSIVE USE OF THE PLATFORM. RISK. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE AND / OR INJURY DERIVED DIRECTLY OR INDIRECTLY FROM THE USE OF THE PLATFORM.
The Company does not guarantee at all times the availability of access and continuity of the operation of the Platform and its services, so it will not be responsible, under any circumstances, for the damages and / or losses caused to the User as a result of the unavailability, access failures and / or lack of continuity of the same.
Likewise, the User understands and accepts that the Application, its contents and services could be subject to limitations, such as - but not limited to - lack of disk storage space and limits on the data transfer rate allowed in the interface. programming of the Platform, the Company not being responsible for said limitations.
Downloading, accessing and using the Platform on mobile devices, computers or similar, does not imply an obligation on the part of the Company to control the absence of viruses or any other harmful computer element. The User will be responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.
The Users will hold the Company harmless from any claim arising from the breach of these terms and conditions and / or from the improper use of the Application, the Personal Data of Users and / or any other information in the Application contained. In particular, the Fleet Administrator User will hold the Company harmless against damages that may be caused to other Users, linked or not to their Fleet Administrator User account, and / or any third party, their activity in the Application, the use of the same and / or its breach of these terms and conditions or any applicable regulation.
The Company may, at any time and without prior notice, make changes and updates to these Terms and Conditions. These changes will be published in the Application and will be effective from the moment of their publication, and the User must periodically review the Terms and Conditions. The continuation in the use of the Application by the User after the publication of the modifications in the Terms and Conditions will imply the total acceptance of the same. Any User who does not agree with the updates or modifications of the Terms and Conditions, must refrain from using the Application.
The Company declares that the Application may be administered and operated in the future by a person or entity other than the current one, and that for said transfer in the administration and operation of the Application, no reliable notification or prior or subsequent consent from the User, who accepts it in accordance.
For questions about the Terms and Conditions and about any circumstance related to the processing of personal information, Users may contact via email to: "[email protected]"
The User must send any notification and / or communication addressed to the Company at the address Suipacha 961/3/5, Ground Floor, Office 5, CABA or to the email box "[email protected]".
The notifications made by the Company to the User will be considered valid and effective, for all purposes, when they are made through any of the following means:
- sending by post to the User's address when it has been previously made known;
- Sending by email to the box reported by the User when registering or sending a query through the Platform;
- telephone call to the telephone number reported by the User when registering or when sending an inquiry through the Platform.
Jurisdiction and applicable law
The questions related to the Terms and Conditions and the processing of personal information, as well as all those questions that lie and are related in part or in whole with the services provided through the Platform, are governed in each and every one. of its extremes by Argentine law, and submitting to the ordinary Courts and Tribunals based in the City of Buenos Aires.