PRINCIPLES
These Terms apply to the WEDE mobile application and/or websites in Continental Portugal and the Islands.
The Application/Site(s) Services allow you to order services provided by Third Party Service Providers or directly by WEDE. These services are provided or made available under the WEDE Brand, including but not limited to WEDE Health, WEDE Chefs, and WEDE Events.
Third Party Services are contracted directly by you with Third Party Service Providers and WEDE acts as your agent.
With respect to Services Provided by WEDE, you may be required to accept other contractual terms governing your use of such services.
Please read these Terms carefully. These include information about services, about your rights, and other important information.
ABOUT US
We are WEDEli, Lda, a private limited liability commercial company established in Portugal, registered in the Commercial Registry Office of Lisbon under the number PT17423/2021 and Tax Number 516437720, with our headquarters at Rua da Manutenção Militar 16 7100-527 Estremoz.
DEFINITIONS
Periodically updated, they set the expectations for all users of the Application/Site(s). “Third Party Service Providers” are independent third parties that include, not only, but also independent transportation service providers, delivery partners, restaurants, logistics service providers and/or service providers of other mobility services or not through an agreement with WEDEli, Ltd.
“Services Provided by Third Parties” include, not only, but also services and goods in the areas of transportation, delivery, logistics, mobility of food, grocery or retail industries, provided by Third Party Service Providers, such as, but not limited to, transportation services. These services will be made available through the use of the Services of the Application(s)/Site(s) as defined below.
“WEDE” WEDEli, Lda (“we”).
“WEDE Brands” means WEDE brands and services, including, not only, but also WEDE, WEDE Health, WEDE Chefs, and WEDE Events.
“Services Provided by WEDE” means the services provided directly to you by WEDE and subject to other contractual terms between you and us. These include, not only, but also delivery services under the WEDE brand and provision of mobility or non-mobility services that are part of the same group and business areas.
“WEDE’s Names, Marks or Works” means the names, logos, product or service names, trademarks, service marks, trade dress, other indicia of ownership or copyright of WEDE or licensor company.
TERMS
Introduction
1.1. These terms govern your access to and use of the WEDE mobile application and/or websites (the “Terms”). You should carefully read and accept the Terms before accessing or using the mobile application and/or sites Your acceptance of these Terms establishes a contractual relationship between you and WEDE. If you do not agree to these Terms, you may not access or use the WEDE mobile application and/or websites. These Terms expressly supersede any agreements or conditions previously entered into between you and WEDE with respect to the Application/Site Services (as defined below).
1.2. These Terms apply to the extent that they do not conflict with any user terms or supplemental terms that specifically apply to the WEDE Mobile Application and/or Websites. You will be asked to agree to such terms separately.
1.3. WEDE acts as an agent for Third Party Service Providers and as a service provider for Services Provided by WEDE (see Clause 4 below).
2.The Services of the Application/Site(s)
2.1. The services provided to you by WEDE consist of the following:
2.1.1. Access and use of the mobile application and/or websites that allow you to order and receive Services Provided by Third Parties and/or Services Provided by WEDE;
2.1.2. Payment collection and payment processing services (including facilitating the issuance of invoices and receipts by third party, electronic billing service providers on behalf of Third Party Service Providers) allowing us to collect from you and your payment into the bank account of Third Party Service Providers for Services Provided by Third Parties or of WEDE for Services Provided by WEDE, you may engage affiliates or third parties to provide these services on your behalf) (together “Application/Site Services”).
2.2. These Terms apply to your use of the Services of the Application(s)/Site(s) in Portugal.
2.3. WEDE’s mobile application and/or websites will be made available under the various WEDE Brands.
2.4. Unless otherwise agreed in writing, the Services of the Application(s)/Site(s) shall be made available for your personal, non-commercial use only.
2.5. You may request and receive Services Provided by Third Parties or Services Provided by WEDE through the WEDE mobile app and/or websites.
- Services Provided by Third Parties
3.1. For Services Provided by Third Parties, WEDE acts as an agent between itself and the Third Party Service Providers enabling them to provide these services. WEDE does not provide the Services provided by Third Parties. These are all independent third party contractors, registered companies or other legal entities that are not employed by WEDE.
3.2. When you are logged in, online and in the vicinity of Third Party Service Providers who are also logged into the WEDE mobile app and/or WEDE websites, you will be given information on the WEDE mobile app and/or WEDE websites about the Third Party Services before you decide to place an order.
3.3. Third Party Service Providers (for Services Provided by Third Parties) and WEDE (for Services Provided by WEDE) are free to decide to accept or reject a request. Acceptance of the request will be communicated on behalf of the Third Party Service Providers via the mobile application and/or websites and will give rise to a direct contract between you and the Third Party Service Provider (for Services Provided by Third Parties) or between you and WEDE (for Services Provided by WEDE).
3.4. For some Third Party Services, you may be asked to accept separate terms before using those Third Party Services.
3.5. You may be asked to evaluate the Third Party Service Provider whose services you have requested. The Third Party Service Provider may also assign you a rating, unless prohibited by applicable laws. In cases where ratings are possible under applicable laws, Third Party Service Providers may see the rating on WEDE’s application and/or websites and this rating may affect whether or not they decide to provide you with their services.
3.6. The Third Party Service Provider is responsible for any obligations that may arise from the provision of the Third Party Services. - Services Provided by WEDE
4.1. As for the Services Provided by WEDE, WEDE acts as a service provider. The specific terms governing the Services provided by WEDE will be defined in other contractual terms. - Use of the Services of the Application/Site(s)
5.1. WEDE’s mobile application and/or websites can be downloaded or accessed on most modern mobile devices with an internet connection and equipped with popular operating systems such as Android or iOS.
5.2. You are responsible for obtaining the network access necessary to use the Services of the Application/Site(s) and are also responsible for any fees and charges from your mobile network operator, including mobile data consumption when using WEDE’s mobile applications and/or websites. You are also responsible for access to compatible devices or operating systems necessary for the use of the Application/Site(s) Services, including any software and hardware updates.
5.3. To use the Services of the Application/Site(s) you must register with WEDE’s mobile application and/or websites and create an account. At the time of registration, you must be at least eighteen (18) years of age, or the age of legal majority if different from eighteen (18), unless the specific terms governing Third Party Provided Services or WEDE Provided Services impose different age requirements.
5.4. You must provide some personal information to register, including phone number and e-mail address. In order to use the Services of the Application(s)/Site(s), Services provided by WEDE or certain Services provided by Third Parties, you may be required to provide at least one valid payment method (credit card, debit card or any other accepted payment method). You may be required to provide information, such as your address, and additional documents before using certain Services provided by WEDE or Services provided by Third Parties.
5.5. You are not required to log in or use WEDE’s mobile application and/or websites, nor are Third Party Service Providers. If you choose to stop using the WEDE mobile application and/or websites you may do so without giving us any notice.
5.6. We may temporarily restrict your access to and use of the Services of the Application(s)/Site(s) in the event of a suspected violation of your obligations (see Section 6 below) or these Terms, including in cases where we receive a fraud-related complaint. Circumstances may arise where we are unable to make information about the complaint available while an investigation (by us or by a third party, such as a law enforcement agency) is underway. - Your Obligations
6.1. In using the Services of the Application(s)/Site(s) you must comply with all applicable laws. You may only use the Services of the Application(s)/Site(s) for lawful activities and for the purposes for which they were intended as referenced in these Terms. You should not misuse WEDE’s mobile application and/or websites or attempt to defraud WEDE or Third Party Service Providers.
6.2. You must provide accurate and complete information when registering your account and when using the Services of the Application(s)/Site(s).
6.3. Your account is personal. It may not be licensed or shared. Once you have created your account:
– you may not register for more than one account, unless we agree otherwise in writing;
– you may not allow third parties to use your account or transfer your account to a third party;
– you should keep your account information accurate, complete, and up-to-date;
– you should keep your login details confidential at all times;
– you should inform us immediately if you have any reason to believe that someone else knows your username or password, or if you suspect that someone else is using your account;
6.4. You shall be responsible for payment of any fees or charges you may incur as a result of Services Provided by Third Parties or Services Provided by WEDE ordered through your account as detailed below.
6.5. You shall not, in your use of the Services of the Application(s)/Site(s), cause annoyance, inconvenience or damage to the property of any Third Party Service Provider, WEDE or any other party.
Fees and Payment
7.1. Application/Site Services Fees
7.1.1. You will not be charged any fees for using the Services of the Application(s)/Site(s). However, we reserve the right to introduce a usage fee, in which case you will be informed in writing and given the opportunity to terminate these Terms before any fee is introduced. If you choose to terminate these Terms, you may not continue to use or access the Services of the Application/Site(s).
7.1.2. We reserve the right to introduce a fee for specific features of the WEDE mobile application and/or websites. These may be subject to separate terms.
7.2. Fees for Services Provided by Third Parties and Services Provided by WEDE
7.2.1. If you place an order via the WEDE mobile application and/or websites, you are agreeing to pay the relevant fees as described in the WEDE mobile application and/or websites and will be responsible for any fees and charges linked to your account in accordance with to Clause 6.4 above.
7.2.2. Depending on the Service Provided by WEDE or the Service Provided by Third Parties used, including but not limited to your location, rates may be displayed on the mobile application and/or WEDE websites before an order is placed. In other cases, fees will be dependent on your use of Services Provided by Third Parties or Services Provided by WEDE. We may provide an estimate of these fees. Please be aware that the final amount you will be charged may differ from the estimate.
7.2.3. Please be aware that the final amount you will be charged may differ from the estimate.
7.2.4. For certain Services Provided by Third Parties, such as WEDE Chefs, you may ask the Third Party Service Provider for lower rates for services received at the time you receive those same services. The Third Party Service Provider or WEDE, if authorized by the Third Party Service Provider, will respond accordingly to any request from a Third Party Service Provider regarding the modification of fees for a particular service.
7.2.5. In some cases, if the Services Provided by Third Parties or the Services Provided by WEDE cannot be performed due to an action or omission on your part (for example, if you are not present at the delivery location to receive the order), all fees may apply.
7.2.6. Once the Third Party Provided Services have actually been provided, an invoice will be sent via a third party electronic billing service on behalf of the Third Party Service Provider. The invoice will include VAT where applicable.
7.3. General
7.3.1. For more information on fees and charges, costs and/or additional fines specific to Services Provided by Third Parties or Services Provided by WEDE, please contact WEDE.
7.3.2. Fees may change from time to time on the WEDE mobile application and/or websites.
7.3.3. Rates do not include gratuities. Where available, you may pay tips in person or via the WEDE mobile application and/or websites when presented with that option. We may collect tips paid through the WEDE mobile application and/or websites on your behalf and deliver them on your behalf.
7.3.4. Unless otherwise agreed, all fees are due immediately after an order is placed and your payment will be facilitated by WEDE using a preferred payment method associated with your account, after which WEDE will send you a receipt by email. If your primary payment method cannot be charged, WEDE may use a secondary payment method, if available. If your payment methods are unavailable, we reserve the right to continue to attempt payment.
7.3.5. Fees include applicable taxes including VAT.
- Cancellation
8.1. In some cases, you are not entitled to cancel the order for Services Provided by Third Parties or Services Provided by WEDE once accepted. However, for certain Services Provided by Third Parties, WEDE or the Third Party Service Provider may allow you to cancel the order, however, a cancellation fee may be charged.
8.2. WEDE may refuse orders and cancel Services Provided by Third Parties or Services Provided by WEDE if there is reasonable doubt about the accuracy or authenticity of the order or the contact information. - License
Subject to your compliance with these Terms, you are granted a personal, worldwide, non-exclusive, non-transferable, revocable and non-sublicensable license to install and/or use the WEDE mobile application and/or websites on your device solely for your use and access to information made available by the mobile application and/or WEDE Any rights not expressly granted in this document are reserved by WEDE and its licensors. - Intellectual property
We reserve all rights not expressly granted in these Terms. Our App/Site(s) services, our devices and all data collected via WEDE mobile app and/or websites (including all intellectual property rights in all of the above) are and remain our property or the property of our licensors. You may not, nor may you allow third parties to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer or lease any part of the mobile application and/or WEDE websites; (b) reverse engineer or attempt to extract the source code of WEDE’s mobile applications and/or websites, except as permitted by law; (c) initiate or cause the launch of programs or scripts for the purpose of crawling, indexing, searching or otherwise extracting data from any part of the Mobile Application and/or WEDE websites or data; (d) use, display or manipulate any of WEDE’s Names, Marks or Works for any purpose other than the use of WEDE’s mobile application and/or services; (e) create or register any (i) companies, (ii) URLs, (iii) domain names, (iv) names or titles of software applications or (v) social media handles or profiles that include WEDE’s names, marks or works or any confusingly or substantially similar mark, name, title or work; (f) use WEDE’s Names, Brands or Works as an image or wallpaper on your social media profile; (g) purchase keywords (including but not limited to Google AdWords) that contain the names, marks or works of WEDE; or (h) apply to register, reference, use, copy and/or claim ownership of the Names, Marks or Works of WEDE, or any confusing or substantially similar name, mark, title or work, in any manner and for any purposes , alone or in combination with other letters, punctuation, words, symbols, designs and/or any creative works; except as permitted by the limited license granted above. - Privacy
We collect, use and disclose information about you as described in our Privacy Notice or other additional Privacy Notices that may apply, including by other data controllers, for Services Provided by WEDE or Services Provided by Third Parties. - Liability and Indemnity
12.1. You will be liable for any damages suffered by us as a result of your failure to comply with these Terms, your misuse of the Services of the Application/Site(s), or your failure to comply with any laws or rights of third parties. You will be responsible for all activities conducted through your account, unless such activities are not authorized by you and you are not otherwise negligent.
12.2. In order to access the Services of the Application/Site(s), you agree to indemnify, defend (at our option), hold us harmless, including our respective officers, directors, officers, managers and employees , against any and all claims, liabilities, expenses, damages, penalties, fines, taxes and social security systems arising out of or relating to a breach of these Terms, a breach of applicable law or claims by third parties directly or indirectly related to your use of the Services Provided by Third Parties, the Services Provided by WEDE or your use of the Services in general. - Disclaimer
We provide the Application/Site(s) Services on an “as is” and “as available” basis. The Services of the Application/Site(s) may be subject to limitations, delays and/or other problems inherent in the use of the Internet and electronic communications and are not guaranteed to be available or error-free at all times. - Limitation of Liability
14.1. Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation, or alters your rights that may not be excluded by applicable law.
14.2. We are not liable under or in connection with these Terms (including, but not limited to, contractual liability, tort liability including negligence, misrepresentation), restitution or otherwise) for any of the following in connection with the use of the Services of the Application/Site(s): (i) lost profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss or damage to goodwill and (vii) indirect or consequential damages.
14.3. We are not responsible:
– for damages or losses arising out of any transaction between you and a Third Party Service Provider;
– for the availability and accuracy of the Third Party Service Provider’s content, products or services.
14.4. We are not responsible for delays or failures in performance resulting from causes beyond our reasonable control.
14.5. Our total liability for the use of the WEDE mobile application and/or websites (and not in relation to any other agreements in which liability provisions are governed by a separate agreement) shall not exceed five hundred euros (500 euros).
14.6. To the extent permitted by law, we exclude all warranties and disclaim all liability for any act or omission by you or any third party. - Resolution
15.1. You may freely and at all times use the Services of the Application/Site(s) (when available) and resolve these Terms and Services of the Application/Site(s), eliminating your account.
15.2. We may terminate these Terms and your access to the Services of the Application/Site(s) with immediate effect if we determine that you are in breach of these Terms or any other agreement between you and WEDE for the provision of its services.
15.3. WEDE may, at its sole discretion, terminate these Terms or discontinue the Services of the Application/Site(s), at any time, upon prior written notice.
15.4. If we are unable to collect fees through your preferred payment method, we may suspend or remove your access to the WEDE mobile application and/or websites until payment has been made.
15.5. You must immediately pay any outstanding fees due to Third Party Service Providers or WEDE after termination. Such fees survive termination and we reserve all rights to collect payment for such fees after termination. - General
16.1. WEDE may change these Terms from time to time. We will inform you of changes with reasonable notice. You will be subject to these changes from your notification on the WEDE mobile application and/or websites and/or by email. If you do not agree to these changes, you are free to close your account in accordance with Clause 15.1.
16.2. The invalidity of any Clauses in these Terms does not affect the validity and enforceability of the remaining ones. Any Clause that is invalid, illegal or unenforceable will be deemed deleted.
16.3. We may, in whole or in part, assign, subcontract or transfer these Terms or any of our rights or obligations, without your prior consent, provided that this does not imply a reduction of your rights resulting from these Terms or the law. Unless otherwise agreed, you may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as the use of WEDE’s mobile applications and/or websites is personal.
16.4. These Terms constitute our complete agreement with you, together with any other additional agreements relating to the provision of the Services of the Application/Site(s) and supersede all prior agreements relating to your access to and use of the Services of /of Application/Site(s).
16.5. You may be required to accept additional terms to access or use the Services of the Application/Site(s). If there is a conflict between these Terms and the separate agreement, the latter will govern unless otherwise provided in the separate agreement.
16.6. There are no third party beneficiaries of these Terms, except as provided in these Terms. - Dispute Resolution Mechanisms
WEDE may provide users who act as consumers with a dispute mediation scheme related to the Services of the Application/Site(s) or these Terms, with a view to their amicable resolution. In accordance with Law n.º 24/96 of July 31st and Law n.º 144/2015 of September 8th (as amended), for any dispute of a contractual nature related to the Services of/from ) Application/Site(s) that could not be resolved in the context of a complaint previously submitted to the WEDE Customer Service, consumers may resort to alternative dispute resolution methods, at reduced or non-existent costs. Eligible consumers may also submit complaints about our Services or these Terms to the European Commission’s accessible online dispute resolution platform, pursuant to Regulation (EU) No 524/2013 of 21 May 2013. WEDE does not undertakes to use an online dispute resolution platform to resolve disputes between consumers. - Applicable Law and Venue
These Terms will be regulated and interpreted exclusively in accordance with Portuguese law, excluding its rules on conflicts between laws, except in cases where, being a resident of the EU, the legal norms of consumer protection in your country of residence contain provisions that are most favorable to you, in which case those provisions may apply. The Vienna Convention on the International Sale of Goods, 1980 (CISG) will not apply. You may bring legal actions relating to the Services before a competent Portuguese court. As an EU resident, you may also be able to bring legal claims relating to the Services before a competent court in your country of residence. As an EU resident, we can only bring legal actions against you in your country of residence, unless you are not acting as a consumer, in which case you agree to submit to the exclusive jurisdiction of the Portuguese courts, within the limits established by law. applicable in your country of residence.
By accepting these Terms, you agree to be bound by these Terms.