TERMS AND CONDITIONS OF USE OF DIDI FOOD FOR USERS
REBUILDING TECHNOLOGY PTE. LTD. (hereinafter "DiDi" or "Company"), is a company duly incorporated under the laws of Singapore, having its offices at 163 Tras Street # 03-01 Lian Huat Building Singapore (079024).
This application is hereinafter referred to as "DiDi Food"
DiDi, and in some countries, its affiliated companies, through a technological platform provide the intermediation service between Users, Delivery Partners and / or Stores (hereinafter the "DiDi Service", the "Service" and / or the “Services”) so that they can contact each other and can organize and plan online the request and provision of food, beverage and/or consumption goods (hereinafter the “Goods”) delivery services by Delivery Partners and / or Stores.
The person who accesses, navigates or uses DiDi Food or DiDi websites related to DiDi Food to contact Delivery Partners and / or Stores hereinafter referred to as "User".
The person who accesses, navigates or uses DiDi Food or the DiDi websites related to DiDi Food to be contacted by the User in order to organize and plan online the provision of food, beverage and consumption goods delivery services, directly, Independent, at their own risk and sole responsibility, they will be called "Delivery Partner".
Notwithstanding the foregoing, both Users and Deliver Partners acknowledge that Stores will be able to deliver Orders directly to Users.
The person who offers food, beverage and consumption goods directly, independently, at his / her own risk, sole responsibility and ensuring compliance with all applicable legal requirements, and sometimes directly delivers the Orders and who accesses, navigates or uses DiDi Food or DiDi websites related to DiDi Food in order to be contacted by the User in order to organize and plan online the request and provision of services for the preparation, marketing and delivery of food, beverage and consumption goods, directly, independently, at their own risk, risk and exclusive responsibility or Through a Delivery Partner it will be called "Store" and / or "Stores".
The User's request to Delivery Partners and / or Stores for the provision of the services of preparation, marketing or delivery of food, beverage and consumption goods will be referred to hereinafter as the "Order" and / or "Orders".
The use of the Services by the Delivery Partner will be governed by these DiDi Food Terms and Conditions of Use (hereinafter referred to as "Terms and Conditions").
Before using DiDi Food, please read these Terms and Conditions carefully (especially the parts highlighted in bold). The User must enter DiDi Food through a User account and password.
If the User chooses and uses the Services, the User will be deemed to have read and accepted each and every one of the terms established in this document and accepted these terms and conditions, which are legally binding between the user and the company.
These Terms and Conditions will be applicable to all DiDi Food Users, and are subject to modification at any time as a result of adjustments to commercial policy. The User must frequently visit this website and / or DiDi Food to keep abreast of the current Terms and Conditions.
The notifications, terms or other requirements expressly specified or integrated into the website and / or in DiDi Food, will form an integral part of these Terms and Conditions, certain parts of the Terms and Conditions may be replaced by legal notices, terms or more requirements. updated expressly specified or integrated into the website and / or DiDi Food.
By accepting these Terms and Conditions, the User will also have carefully read and accepted said substituted or referred terms. If the User continues to use the Services, the User will be deemed to have accepted the updated Terms and Conditions; otherwise, the User must stop using DiDi Food and the relevant DiDi and DiDi Food websites immediately.
These Terms and Conditions expressly supersede any prior agreement or arrangement that the Company has entered into with the User for the purpose of using DiDi Food and the Services. DiDi may terminate these Terms and Conditions or stop providing the Services with respect to the User immediately, or stop offering or denying access to the Services or any part thereof, if DiDi considers that the User has incurred in any breach of the Terms and Conditions.
Likewise, DiDi reserves the right to refuse to provide the Services to the User or deny the User the use of the web pages and / or the DiDi Food site and / or the DiDi websites, services or applications.
Ignorance of the content of these Terms and Conditions does not justify the breach of these, and much less, empowers users to take particular or legal measures that are unaware of what is stated in these terms.
1. User Subscription
1.1. To use and register for the Online Services, the User must download DiDi Food, install it on their mobile device and successfully complete the subscription and account creation procedure. When registering, the User must guarantee that all the information provided is accurate, complete and valid. Otherwise, the User will not have access to or use the Services.
1.2. The User acknowledges and agrees that he will be responsible for all activity that takes place in his User account (hereinafter, the "Account"). Likewise, the User agrees that they will protect and maintain the security and confidentiality of their username and password corresponding to their Account at all times.
1.3. By registering with DiDi Food, the User agrees to receive emails, phone notifications, mobile notifications and text messages from DiDi. Likewise, the User authorizes that their profile and contact information (which includes name, telephone number and photograph –if it was uploaded by the User–) be displayed on DiDi Food; The foregoing in order to allow Delivery Partners and Stores, suppliers or commercial establishments to establish contact with the User, all of the above in accordance with the Privacy Notice.
1.4. The User must have full capacity in accordance with the applicable law in his jurisdiction. Individuals under the age of 18 will not be able to open an Account with DiDi Food or use the Services.
1.5. Unless the Company agrees otherwise in an additional written contract with the User, the Services are available only for the User's personal and non-commercial use.
1.6. The User acknowledges that the provision of the Services does not make DiDi a provider of delivery or transport services, or a food or beverage provider, or a postal service provider, or a courier.
1.7. The User acknowledges that the Products found on the platform are offered directly by the Stores to DiDi Food.
1. Services
1.1. The User who accesses, browses or uses DiDi Food or the DiDi websites will be able to satisfy their needs through the food and beverage delivery services of the Stores (hereinafter, the “Products”); The foregoing may be carried out through the interaction of online and offline information in real time and the efficient management of offline resources, through Big Data analysis (hereinafter, the “Delivery Services ”). By using the Services, the User will be able to enjoy the Delivery Services and may also receive the Products provided by the Store, who will receive information about the Orders through DiDi Food. Through the use of DiDi Food, the User can enjoy the Services, which includes, but is not limited to, obtaining Products from the Stores of their choice.
1.2. DiDi Food will connect the User with Stores, food suppliers and commercial establishments so that the User can request the available Products.
1.3. The User may request the Products in DiDi Food by entering his address and selecting those offered by the Stores that are available in DiDi Food at the time.
1.4. Once the User has placed the Order and once it has been accepted by the Store, DiDi will provide the Delivery Partner with the request for Order Delivery Services that the User has made through DiDi. In addition, DiDi will provide the User's data to the Delivery Partner, together with the details of the business or Store where the Delivery Partner must collect the Products. Likewise, DiDi will provide the Delivery Partner with the instructions indicated by the User through DiDi Food, which includes the location of the places where the Products will be collected and delivered, all of the above, under the Privacy Notice. User will pay the Delivery Fee, and said fee may correspond to DiDi in full or a percentage may be destined to cover the Delivery Services of the Courier Partner.
1.5. It may also happen that DiDi Food delivers the User's data to the Store to coordinate the Order. DiDi will provide all the necessary data, including the location for the Order to be delivered. All of the above in accordance with the Privacy Notice.
1.6. The User acknowledges and agrees to have exclusive responsibility with respect to the selection of the Products and the Stores that he chooses. DiDi is not responsible for the information published by the Stores in DiDi Food in relation to the Products, availability, images, costs, hours of operation and other data deemed relevant to the User's choice.
1.7. Subject to the availability of the Delivery Partners and based on the availability and service hours of Stores and commercial establishments, DiDi will ensure that the Services are available at the time the User places an order. In the same way, it is possible that the Store is the one who delivers the Order directly via DiDi Food.
1.8. The User will carry out on his own account the treatment of any personal information of Delivery Partners, Stores or any other data owner to which he has access on the occasion of the Services and the delivery of the Orders, exclusively for purposes previously authorized by the respective owner of the data and in accordance with the requirements established by law.
1.9. The User will carry out on his own account the treatment of any personal information of Delivery Partners, Stores or any other data owner to which he has access on the occasion of the Services and the delivery of the Orders, exclusively for purposes previously authorized by the respective owner of the data and in accordance with the requirements established by law.
1.10. By using the Services, the User accepts that the Delivery Partner or the Store may contact him by phone or by text message in order to confirm the information related to the Order.
1.11. The collection and use of personal information in relation to the Services is described in the DiDi Food Privacy Notice, which must also be authorized by the User.
1.12. The User acknowledges and accepts that the provision of the Delivery Service creates a direct commercial relationship between the User and the Stores, and between the User and the Delivery Partner.
1.13. The User accepts and acknowledges that the Delivery Partner is not a DiDi employee, likewise there is no subordinate labor relationship or professional services between the Delivery Partner and DiDi or any of its affiliates, derived from all or part of the Delivery Services and of the activities carried out by the Delivery Partner to which the Terms and Conditions are applicable. The User acknowledges that DiDi has not employed, does not own or control or is related to the natural or legal persons that manage or are related to the activities carried out by the Delivery Partner.
1.14. The User acknowledges and accepts that DiDi may charge a cancellation fee if the User decides to cancel an Order for Delivery Service within the period prior to receipt and acceptance of the Order by the Store. Once the Store, commercial establishment or supplier has received the Order and has begun to prepare it, the User will not be able to cancel said Order.
2. Obligations and warranties
2.1. By using DiDi Food, the User will comply with the following requirements:
a. The User will use the Delivery Services and DiDi Food in good faith;
b. The User will NOT use DiDi Food or any of its functionalities to commit fraud, damage or harm of any kind against other Users, Delivery Partners, Stores, DiDi or third parties. DiDi Food reserves the right to suspend the User account to prevent, mitigate or terminate such conduct or even protect the User account.
c. The User will use the Delivery Services and DiDi Food for personal use, so that they will not resell or commercialize them in any way to third parties;
d. The User will not use the Delivery Services or DiDi Food for illegitimate purposes, which includes, but is not limited to, the transfer or storage of illegal materials or for fraudulent purposes;
e. The User will not use the Delivery Services or DiDi Food to harass or hinder other people, or to cause them inconvenience.
f. The User will not affect the normal operation of the network;
g. The User will not try to damage the Services or DiDi Food;
h. The User will provide the identification documentation reasonably requested by DiDi;
i. The User will not address the Delivery Partner as if he were a DiDi worker, insofar as he is not a worker and there is no employment relationship between the Delivery Partner and DiDi.
j. The User accepts that any claim for the Products will be the direct responsibility of the Store or the Delivery Partner, according to the cause of their claim. DiDi may collaborate with the information that exists in DiDi Food.
k. The User will make all payments for the requested Delivery Services; and
l. The User will comply with all applicable laws, regulations and other rules of the country / region, province / city and / or district in which the User uses DiDi Food or the Delivery Services.
m. The User will comply with the requirements of the Data Protection Law in the treatment they carry out on their own account on the personal data to which they potentially have access.
n. The User will comply with the requirements of the Law regarding the sale and consumption of alcoholic beverages, tobacco products, prescription drugs and other regulated distribution goods.
3.2. It is the User's obligation to keep all the hardware or software of the mobile device updated to support the current requirements of DiDi Food. The Company will not be responsible for any problems that may arise when the User does not use the most recent and updated version of DiDi Food and / or uses DiDi Food on any mobile device that does not meet the current relevant DiDi Food requirements. The User agrees that the Company may update the software and hardware requirements of the mobile phone for the use of DiDi Food from time to time.
3. Consideration and Payment
3.1. The User agrees and accepts that, in relation to each Order, the User will cover the price that the Store has determined with respect to the Products, the cost of the Delivery Services coordinated through DiDi Food (“Delivery Fee”) to be paid to the Delivery Partner or when and as applicable in favor of DiDi and the applicable taxes.
3.2. The User understands and accepts that each Store determines the cost of its Products, and that prices and offers may be different from those that the Store or commercial establishment offers directly on its physical locations. The User will confirm the prices in DiDi Food prior to confirming the Order. These prices may change from time to time based on market supply and demand, and the User will be solely responsible for monitoring the prices of the Products and choosing the Products that he deems appropriate. By using the Services by placing an Order, the User will immediately pay the full amount of the Order submitted by DiDi Food. If the Order expires, the Company will have the right to refuse to provide the Services to the User. The User understands and accepts that the Company will have the right to send information regarding the User's default to an external credit information society.
3.3. The User may pay for the Services and the Delivery Fee through their external electronic payment account, or through online banking payment systems, or through other payment methods that are available at the time of the operation. The processing of payments will be subject to the terms and conditions of the electronic payment service providers and banks that issue credit or debit cards. DiDi will not be responsible for any errors made by electronic payment service providers or banks. DiDi will obtain the details of the specific operations related to the use of the Services by the User. DiDi will strictly comply with applicable laws and regulations and Company policies when using such information.
3.4. The User may also pay in cash for the Order,the corresponding amount for the DiDi Services and the Delivery Fee. When this occurs, the User authorizes the Delivery Partner to withhold the corresponding amounts as depositary and deliver them to the Stores or any other third party indicated through DiDi Food.
3.5. The User acknowledges that each and every one of the tax or fiscal receipts required for the Products or Delivery Services will be issued by the Store (in relation to the Products), and by the Delivery Partner (in relation to the fee for Delivery Services), or by the natural or legal person that manages the activities of the Store and the Delivery Partner, as applicable in accordance with the corresponding laws and regulations. The User will be responsible (i) for requesting each and every one of the tax or fiscal receipts required and (ii) for providing the personal data requested by Stores or the relevant Delivery Partners in relation to the issuance of the fiscal receipts.
3.6. DiDi will not be responsible for the issuance of the payment vouchers required by the User in relation to the Products or the Delivery Services, as is not directly related to DiDi’s revenue.
3.7. The User will verify the amount to be paid for the Order immediately after completing it. If the User has any objection regarding the amount, he will contact DiDi immediately. Telecommunications services and related charges incurred for the use of DiDi Food are provided and charged by the telecommunications operators and not by DiDi.
4. Indemnity
4.1. By using the DiDi Food Services, the User agrees to indemnify DiDi for each and every one of the claims, costs, compensation, losses, debts and expenses, which includes, but is not limited to, attorney's fees and legal expenses and costs derived from or related to the following (hereinafter, an “Unlawful Act”):
a. if the User breaches or violates any provision of these Terms and Conditions or of any applicable law or regulation (regardless of whether or not they are mentioned in this instrument);
b. If the User violates the rights of third parties;
c. If the User abuses DiDi Food or the Services.
5. Local Regulatory Restriccions
5.1. DiDi Food is not directed to any person in any jurisdiction where (due to nationality, residence, location or other reason) the access, use or availability of DiDi Food is prohibited or is subject to any restriction or prohibition, which includes registration or other requirements within that jurisdiction. DiDi reserves the right to limit access to DiDi Food to any of these individuals. Individuals entering DiDi Food do so on their own initiative and are responsible for complying with applicable local laws and regulations. DiDi will not be liable to any User for loss or damage, whether in accordance with a contractual provision, for civil liability (including negligence), breach of duties under the law or for any other reason, even when foreseeable, relates to or derives from or related to the use of DiDi Food by a person in a jurisdiction where access to, use or availability of DiDi Food is prohibited or may be subject to any restriction. In case of doubt, the User must obtain independent legal advice.
7. No Warranties
7.1. DiDi and its affiliates provide, and the User accepts, the Services on DiDi Food and on the relevant DiDi websites in the state in which such services are located and based on their availability. DiDi nor its affiliates warrant or warrant that access to or use of the Services or DiDi Food will not be interrupted or error-free. DiDi and its affiliates function as a mobile application provider that allows Users to organize and schedule Delivery Services, and do not make any representations, representations or warranties regarding the actions or omissions of Stores and / or Delivery Partners. The User is recommended to take reasonable precautions with respect to the interaction he has with third parties with whom he coincides when using the Services and DiDi Food. DiDi and its affiliates do not represent or guarantee the security of the items that Users receive from the Delivery Services. Finally, DiDi and its affiliates are not responsible for any act that derives from the actions or omissions of the Users, Delivery Partners, Stores, commercial establishments or suppliers (and their personnel sheet) or third parties.
7.2. No warranty - express or implied - is made with respect to DiDi Food or the material posted on the application, including, but not limited to, the content.
8. Limitation of DiDi's Liability
8.1. The information provided and the Services recommended to the User on the DiDi or DiDi Food websites are for the User's reference only. DiDi will use reasonable efforts to ensure the accuracy of such information. However, DiDi does not guarantee that it - including information about Stores, commercial establishments or suppliers - will be free of errors, defects, malicious software or viruses.
8.2. Each Store is responsible for the Products, availability, images, costs and other important information that appears in its menus or data. Therefore, DiDi will not be responsible for any damages that may result from the information published by the Stores.
8.3. DiDi will not be liable for any damages resulting from the use (or inability to use) of the DiDi or DiDi Food websites. Likewise, DiDi will not be liable for damages resulting from the use (or inability to use) of the electronic communication tools on the DiDi or DiDi Food websites, including, but not limited to, damages caused by transmission failures, Internet malfunction, or delay in electronic communications; interception or manipulation of these by a third party; computer programs used for electronic communication and virus transmission; failures in the electrical system; strikes or other labor disputes, riots, insurrections, riots; earthquakes, fires, floods, storms, explosions or wars; governmental actions, orders of judicial or administrative authorities, or force majeure or omission of third parties.
8.4. DiDi will not be liable for any loss of profits, indirect, consequential, special, exemplary, punitive, or incidental damages, including loss of profits, loss of information, personal injury, or property damage that relates to or otherwise results from any use of the Services, regardless of DiDi's negligence (be it active, affirmative, sole or concurrent), even if DiDi has been informed of the possibility of such damages.
8.5. DiDi does not guarantee the accuracy, integrity, sufficiency and reliability of the information and content that appears in DiDi Food or on the DiDi websites, which includes, but is not limited to, texts, images, data, opinions, pages website or links, despite your reasonable efforts to provide, to the extent possible, accurate, complete and accurate information. DiDi is not responsible for any errors or omissions and does not grant any guarantee, whether express or implicit, to the User.
8.6. The User understands and acknowledges that DiDi Food only constitutes a platform that allows Users to purchase Products from selected Stores or commercial establishments by placing Orders through DiDi Food. Likewise, the User understands and acknowledges that DiDi Food processes a large amount of information on the internal server based on the Users' Orders, in order to provide said information to the Delivery Partner so that he, in turn, can provide Delivery Services. Subsequently, the Delivery Partner in charge provides the User with the offline Delivery Services. In this sense, the User acknowledges that it is the responsibility of the Stores and commercial establishments to provide the Products, while the Delivery Partner is responsible for providing the Delivery Services. Consequently, the User acknowledges that it corresponds to Delivery Partners and Stores:
8.6.1. To attend in accordance with the laws that are applicable to the provision of its Services, the claims, requests for guarantee, return, cancellation, retraction, reversal that are presented by Users directly to the Delivery Partner and / or Stores or communicated through DiDi Food.
8.6.2. Provide the refunds directly or through DiDi Food that corresponds when requests for return or cancellation are generated by Users, whether they are presented directly to the Delivery Partner and / or Store or communicated through DiDi Food.
8.6.3. Address, in accordance with the laws that are applicable to the Delivery Partner and / or Stores, the claims of third parties on behalf of behaviors that are attributable to them and that are presented directly to the Delivery Partner and/or Store or communicated through DiDi Food.
7 License and Authorization
7.1. Subject to the User's compliance with these Terms and Conditions, DiDi grants the User a limited, non-exclusive and non-transferable license to download and install a copy of DiDi Food on a single mobile device belonging to the User or that it controls, with the understanding that the use that the User gives to said copy of DiDi Food will only be of a personal nature.
7.2. The User may not: (i) grant licenses or sub-licenses, sell, resell, transmit, assign, distribute or otherwise commercially exploit or make available to third parties the Services or the DiDi Food application or other applications in any way; (ii) modify or create derivative works, based on the Services or the DiDi Food application or other applications; (iii) create Internet "links" to the Services, or "frame" or "reproduce" the DiDi Food application or other applications on any other server or wireless or Internet-based device; (iv) carry out reverse engineering or access the DiDi Food application or other applications for the purpose of designing or creating a competitive product or service, design or create a product using ideas or graphics similar to the Services or the DiDi Food application or other applications, or copy any ideas, features, functions or graphics from the Services or the DiDi Food application or other applications; or (v) launch an automated program or script, or any program that may make multiple requests to servers per second, or that unduly hinders or hinders the operation and / or performance of the Services or the DiDi Food application or other applications.
7.3. Likewise, the User must not: (i) send spam or duplicate or unsolicited messages in violation of these Terms and Conditions and applicable laws; (ii) send or store material that is infringing, obscene, threatening, defamatory, or otherwise illegal or illicit, including material that infringes the privacy rights of third parties; (iii) send or store material that contains software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (iv) interfere with or affect the integrity or operation of the DiDi websites, the DiDi Food application or the Services or the data contained therein; (v) or attempt to gain unauthorized access to the DiDi websites, their applications, DiDi Food, the Services or related systems or networks.
7.4. DiDi will have the right to investigate and take legal action for any of the aforementioned breaches to the broadest scope permitted by law. DiDi may participate in and assist the authorities in charge of public order in lawsuits and actions against any User who has breached these Terms and Conditions and assist the authorities in charge of public order in the actions they carry out against illegal acts. committed by the User.
7.5. If DiDi determines that any content violates these Terms and Conditions or otherwise harms the DiDi, DiDi Food websites and / or related Services or applications, DiDi reserves the right to remove or prohibit access to such content on any time without prior notification to the User.
8.Intellectual Property
8.1. DiDi and its affiliates own the intellectual property rights in all content distributed on DiDi Food, including, without limitation, the software provided and related products or services, and such intellectual property rights are protected by law. The lack of a declaration of ownership in certain content does not imply that DiDi does not have ownership of it or cannot enforce its rights over it and the User will respect the legitimate rights and interests of the owner and will use said content legally in accordance with the applicable laws and regulations and the principle of good faith.
8.2. Without the written consent of DiDi, no natural or legal person will use, copy, modify, make extracts from, include with other products for their use or sale, link or transmit via a hyperlink, store in an information retrieval system or use for any other commercial purpose any part of the software, products or services, the information or the words mentioned above in any way under any circumstances, except for downloading or printing for personal non-commercial use, with the understanding that it is not make any modification to the foregoing, and that the statement of copyright or other ownership contained therein will be preserved.
8.3. The trademarks and logos (hereinafter and collectively, the "Trademarks") used and displayed in the software will constitute the Trademarks, registered or unregistered, of DiDi and its affiliates in the industry of contracting services of delivery and other related fields, which are protected by law. No person shall use the names “DiDi”, “DiDi Chuxing”, “DiDi Food” or similar names, as well as the Trademarks in any way without the prior written consent of DiDi.
8.4. If the User prints, copies, downloads, modifies or links any part of the content available through the web pages or the DiDi Food application, in breach of these Terms and Conditions, the User's right to use the Company's websites and the DiDi Food application and other applications may be suspended or canceled immediately and the User must, at the discretion of the Company, return or destroy any copies made (in electronic or otherwise) of the materials.
8.5. The intellectual property rights of all the content published by Stores and commercial establishments in DiDi Food (information, trademarks, slogans, images and menus) will belong to each Store or commercial establishment, with the understanding that such intellectual property rights count with legal protection. The fact that there is no declaration of ownership in certain content will not be understood as an omission by DiDi. For its part, the User will respect the rights and interests of the owner and will use such content of the latter in adherence to the laws and regulations applicable in his jurisdiction and the principle of good faith.
9.Services and Third-Party Links
9.1. During the use of the relevant web pages and applications, DiDi may provide the User with links or hyperlinks to websites or applications that belong to and are controlled by third parties, to facilitate the User's communication, the purchase of products or services, or the participation in promotional activities offered by such third parties. By clicking on these links, the User will leave the DiDi or DiDi Food website and visit the websites or applications hosted by said third parties, which are outside of DiDi's control, and where said third parties have developed their own terms, conditions and privacy policies. Therefore, DiDi will not be responsible for the content or activities of said web pages or applications nor will it assume any obligation in this regard to the User. It is the sole responsibility of the User to fully understand the content and activities of said websites or applications and the User will exclusively assume the legal responsibility and risks arising from his / her browsing or access to said websites and / or applications.
10. Term
10.1 These Terms and Conditions between the User and DiDi will be in force from the time the User accepts them, until they are modified and / or the relationship is terminated according to the reasons for them.
10.2 The Company will determine, at its sole discretion, if the User has committed Unlawful Acts. If the User commits an Illegal Act, the Company may, at its sole discretion, take the measures it deems appropriate, which includes, but is not limited to, terminate these Terms and Conditions with the User and suspend the provision. of the User Services, as the case may be.
10.3 If the User commits an Illegal Act, the Company will have the right to collect compensation from the User in accordance with the law, for the damages caused, as well as to take the other measures against the User that corresponds.
10.4 Even if DiDi resolves these Terms and Conditions, the User will comply with their payment obligations and will be responsible for any loss or damage that may arise from such breach.
10.5 DiDi will not be obliged to notify the termination of these Terms and Conditions in advance. After termination, DiDi will send the respective notification to the User, in accordance with these Terms and Conditions.
10.6 Regardless of whether DiDi terminates these Terms and Conditions, the User will continue to be responsible for any loss or damage that may arise from the breach of its obligations under these Terms and Conditions, including the commission of Illegal Acts.
10.7 Even when these Terms and Conditions are canceled, terminated or annulled, the provisions related to the obligations of intellectual property, confidentiality and responsibility of the User, as well as the provisions related to applicable legislation and jurisdiction, will remain in force.
11.Force Majeure
11.1. In the event of a force majeure event, the affected party may temporarily suspend compliance with the obligations under its charge in terms of this instrument until the effect of said force majeure event has ceased; with the understanding, however, that said party will do its best to try to resolve said event and mitigate losses. The term force majeure refers to any unpredictable and unavoidable event (even when foreseeable) that is beyond the control of the parties that prevents, affects or delays the fulfillment of all or any of its obligations under its charge in terms of the present instrument. The events mentioned include, but are not limited to, earthquakes, wars, changes in laws, regulations and government policies, computer viruses, hacker attacks or suspension of services provided by telecommunications companies.
12. General Provisions.
12.1. If the nullity, voidability or ineffectiveness of certain terms of these Terms and Conditions is declared, but the other terms may remain valid and their enforceability is not affected, DiDi will determine whether or not it will continue to comply with such other terms.
12.2. The Parties expressly acknowledge and accept that the electronic signature method used by the User to accept these Terms and Conditions is valid and capable of guaranteeing the authenticity, integrity and non-repudiation of the content of these Terms and Conditions. Consequently, the Parties agree that the electronic signature used by the User to accept the Contract and these Terms and Conditions will, for all legal purposes, have full validity, compliance and admissibility, under the terms of the Law.
12.3. DiDi may deliver a notification by posting a general notification on its websites and / or on DiDi Food or by sending an email or text message to the email address or mobile phone number registered in the User's Account information. Notifications, which may be published from time to time, will constitute part of these Terms and Conditions.
12.4. The User will not assign any of the rights covered by these Terms and Conditions without the prior written consent of DiDi.
12.5. These Terms and Conditions have been written in English and Spanish. In the event of any contradiction or inconsistency between such versions, the English version will prevail.
12.6. DiDi Food Privacy Notice and Community Guidelines, are an integral part of these Terms and Conditions.
13.Applicable Law
13.1 These Terms and Conditions shall be governed by the laws applicable in Singapore. Any conflict, claim or controversy that arises or is related to the breach, termination, resolution, compliance, interpretation or validity of these Terms and Conditions, or the use of the website or DiDi Food, will be subject to the jurisdiction of the Center International Arbitration Board of Singapore (“CAIS”) in accordance with the current CAIS Arbitration Rules, rules deemed to be incorporated by reference into this clause. The number of referees will be one. The seat of the arbitration shall be Singapore. The language to be used in the arbitration proceedings will be English. The arbitrator's decision will be final and binding on the parties, except with regard to manifest error. The costs of the arbitrator shall be borne equally between the Parties or as directed by the arbitrator. The User in this act, expressly and irrevocably, renounces any other jurisdiction that may correspond to him by virtue of his respective domicile, be it present or future.