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TERMS AND CONDITIONS OF THE SERVICE

Last Updated: July 28, 2020

By acquiring any PRODUCT or SERVICE from our WEBSITE or from our APP and / or using or accessing the information displayed therein, the USER agrees to have studied and understood all the terms and conditions of the SERVICE that are described in this document ( hereinafter "Terms and Conditions") such as, but not limited to conditions of use, means for notifications and disclaimer clauses; and declares to agree with each of them.

HUGO provides you with the SERVICES of this WEBSITE and / or the APP, subject to the Terms and Conditions included in this document and in our Privacy and Security Policy available on the WEBSITE and / or the APP. Therefore, please read these documents carefully.

The USER agrees to follow the instructions for the correct use of the WEBSITE and / or the APP and, therefore, of the SERVICES offered therein. If the USER does not agree with these Terms and Conditions, please do not access or use the WEBSITE and / or the APP, its material, its information and / or the SERVICES that are offered by these means.

The Terms and Conditions of the SERVICE, as well as our Privacy and Security Policy may be modified at any time in the future. For this reason, the use of the SERVICES of the WEBSITE and / or the APP at a time after these modifications have been made, implies that the USER accepts them. It is the USER's obligation to be attentive to any change or modification to study it prior to the new use of the WEBSITE and / or the APP and their respective SERVICES.

CLAUSE ONE: Definitions

1.1. APP: The application for devices that includes, but is not limited to, IOS and Android that HUGO makes available to USERS.

1.2. CHARGES: These are amounts that will be charged to the USER for the SERVICES or goods received from HUGO or from a THIRD PARTY PROVIDER.

1.3. CONSUMERS: HUGO's final consumers who may purchase the SERVICES and / or PRODUCTS offered through the WEBSITE and / or the APP.

1.4. USER CONTENT: HUGO may, at its sole discretion, allow USERS when deemed appropriate, to send, upload, publish or otherwise make available to HUGO through the SERVICES, content and text, audio and / or information. visual, including comments and opinions regarding the SERVICES, initiation of requests for support, as well as submission of admissions for competitions and promotions.

1.5. ACCOUNT: It is the HUGO USER account to request goods or services through the WEBSITE and / or the APP, entering the personal data of the REGISTERED USER.

1.6. FORCE MAJEURE: is the production of an event or circumstance (force majeure or fortuitous event) that makes it impossible or prevents a party from complying with one or more of its contractual obligations in accordance with the contract, to the extent that the party affected by the impairment proves: (a) that such impairment is beyond its reasonable control; and (b) that the effects of the impediment could not reasonably have been avoided or overcome by the affected party. Example: natural disasters, pandemic.

1.7. HUGO or the "RESPONSIBLE": HUGO TECHNOLOGIES, LTD, a limited liability company, commercial in nature, domiciled in the British Virgin Islands, for its acronym in English ("BVI") and all its subsidiaries, commercial in nature that They operate in the countries of El Salvador, Guatemala, Honduras, Costa Rica, Nicaragua, the Dominican Republic, Jamaica, and all subsidiaries of the countries in which it will operate in the future.

1.8. APPLICABLE LEGISLATION: Means, for each country in which HUGO operates or will operate in the future, the regulatory body that regulates everything related to the matter.

1.9. PLATFORM: The HUGO platform to which CONSUMERS may have access through the WEBSITE and / or the APP in order to acquire the PRODUCTS and / or SERVICES that HUGO and / or its business partners offer.

1.10. PRODUCTS: All those PRODUCTS that HUGO offers through its WEBSITE or the APP, are the same PRODUCTS that HUGO offers directly, or by third parties or STRATEGIC PARTNERS marketed through the HUGO PLATFORM.

1.11. SERVICES: All those SERVICES that HUGO provides through its WEBSITE or the APP, such as, but not limited to, home delivery of goods.

1.12. WEBSITE: The hugoapp.com website or others in the HUGO domain that are created from time to time.

1.13. THIRD PROVIDER: The third provider is a person of legal age, with a current driver's license, with legal capacity to be bound, who has accepted the Terms and Conditions, as well as our Privacy and Security Policy, which has applied to join the PLATFORM by the means established by HUGO and whose affiliation has been duly accepted by HUGO, in order that through our PLATFORM it can provide SERVICES to USERS.

1.14. STRATEGIC PARTNER: Any third party or company that offers its PRODUCTS or SERVICES through the HUGO PLATFORM.

1.15. USER: REGISTERED USERS and VISITING USERS may be named jointly and for what applies to both equally, as the "USER".

1.16. REGISTERED USER: Any USER who registers to the HUGO PLATFORM, through the WEBSITE and / or APP, either as a Buyer, Seller or Hugo Driver, and who has not subsequently requested to be removed from the registry.

1.17. VISITING USER: Any USER who visits the WEBSITE or APP as a visitor, but who does not register.

1.18. TERRITORY: the territories where HUGO currently has, or will have, operations.

SECOND CLAUSE: The operator of the WEBSITE and the APP

The WEBSITE and the APP are operated by HUGO.

THIRD CLAUSE: The USER

To use some of the SERVICES offered by HUGO through the WEBSITE and / or the APP, the person may have to register as a REGISTERED USER and open an ACCOUNT on the PLATFORM. In other cases, the person may access the SERVICES without being registered, and will do so as a VISITING USER.

However, any person who wishes to obtain an ACCOUNT or use the SERVICES must be of legal age in accordance with APPLICABLE LEGISLATION (18 years old) with legal capacity to contract, must provide the information required to be able to provide the SERVICES and must state that they have read, understood and accepted these Terms and Conditions of the SERVICE, as well as our Privacy and Security Policy.

HUGO will require, for the purposes of creating the REGISTERED USER ACCOUNT, the following information: your name, address, identification number, mobile phone number, as well as at least one valid payment method (either a credit card or a payment partner accepted). The USER's mobile phone number will be the identification of REGISTERED USER for the purposes of accessing HUGO. For this reason, it will not be possible to change the phone number of the ACCOUNT.

USERS must provide true and accurate information and guarantee that the data they provide is sufficient to be identified and / or located. Any inaccuracy that prevents the USER from being identified or located, as well as any false information provided, will empower HUGO to proceed with the cancellation of the SERVICES and the immediate elimination of the ACCOUNT, in the case of REGISTERED USERS. HUGO may proceed to close the REGISTERED USER'S ACCOUNT at its sole discretion, for which it should only communicate said decision to the email indicated by the REGISTERED USER in their personal data.

Navigation in certain sections of our WEBSITE and APP is not conditioned to the prior registration of the USER.

HUGO reserves the right to make different types of ACCOUNTS available to different types of USERS. HUGO may, at its sole discretion, create, maintain and manage these different types of ACCOUNT. The ACCOUNT gives the USER access to the use of the SERVICES and functionalities that HUGO may create and maintain from time to time under its sole discretion. If when opening an ACCOUNT with HUGO, the USER does so on behalf of a legal person, such as a society, association, foundation or other type of legal entity, the USER who opens the ACCOUNT declares and guarantees to have the powers, in accordance with the applicable legislation, necessary to accept and therefore oblige said legal person to these Terms and Conditions.HUGO reserves the right to request the legal documentation that proves the legal status with which it acts on behalf of said entity.

The SERVICE is not available for the use of persons under 18 years of age. The USER may not authorize third parties to use his ACCOUNT, likewise he may not allow persons under 18 years of age to receive the SERVICES or the PRODUCTS, provided through them. You may not assign or otherwise transfer your ACCOUNT to any other person or entity. The USER agrees to comply with all applicable laws when using the SERVICES and may only use the SERVICES for legitimate purposes (eg, not for the transportation of illegal or dangerous materials).

The USER expressly accepts that some of our SERVICES may be provided using the WhatsApp application as a tool and for these purposes these Terms and Conditions, as well as our Privacy Policy, will also apply.

FIFTH CLAUSE: About the SERVICES

The SERVICES offered by HUGO are the following:

5.1. Purchase of PRODUCTS: Through the HUGO PLATFORM, the USER may purchase HUGO's own PRODUCTS or STRATEGIC PARTNERS who offer their PRODUCTS through the PLATFORM. The PRODUCTS may be; food, drinks, cash, medicines, items for sale in the supermarket, convenience stores, tickets or tickets to attend events, laundry or dry cleaning services and / or any other legal product found in commerce, which is not contravenes national legislation and may be included in deposits or boxes attached to motorcycles or affiliated vehicles. In some cases the PRODUCTS may be delivered through third party independent service providers, including transportation planning and organization services and / or logistics services.Unless HUGO accepts it through a separate written contract with the USER, the SERVICES are made available only for personal, non-commercial use.

5.2. Access to other USERS who offer procedures or transport services: HUGO offers its PLATFORM for USERS to agree for a DRIVER USER to provide another USER with procedures or transport services.

5.3. Information: HUGO may make communications regarding its PRODUCTS, SERVICES, the PLATFORM, about purchases made, recommendations, information of interest or others that HUGO deems pertinent.

SIXTH CLAUSE: About the use of the SERVICES

6.1. Text messages.

By creating an ACCOUNT, the USER agrees that HUGO may send you informational text messages (SMS) as part of the normal business activity of your use of the SERVICES. The USER may request the non-receipt of informative text messages (SMS) from HUGO at any time by sending an email to soporte.cx@hugoapp.com or through the telephone lines available in the “Contact us” section of the WEBSITE of HUGO, indicating that they no longer wish to receive these messages, together with the telephone number of the mobile device that receives the messages. The USER acknowledges that requesting the non-receipt of informative text messages (SMS) may affect the use that the USER makes of the SERVICES.

6.2. Promo codes

HUGO may, at its sole discretion, create promotional codes that can be exchanged for ACCOUNT credit or other elements or benefits related to the SERVICES and / or SERVICES of a THIRD PROVIDER, subject to any additional conditions that HUGO establishes on the basis of each promo code. The USER agrees that promotional codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), unless with the permission of HUGO; (iii) may only be used in accordance with the specific conditions established by HUGO for said Promotional Code; (iv) are not valid as cash;and (v) may expire before the USER uses them. HUGO reserves the right to withhold or deduct the credit or other elements or benefits obtained through the use of the promotional codes by the USER or any other USER in the event that HUGO determines or believes that the use or exchange of the Promotional codes was wrong, fraudulent, illegal or in violation of the conditions of the promotional code or these Terms and Conditions.

6.3. Content provided by the USER

All USER CONTENT provided by the USER will remain their property. However, by providing USER CONTENT to HUGO, the USER grants a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly present or otherwise exploit in any way said USER CONTENT in all formats and distribution channels, now known or devised in the future (including in relation to the SERVICES and HUGO's business and on third-party sites and services), without more notice or consent of the USER and without requiring the payment of any sum of money to the USER or to any other person or entity.

USER agrees not to provide USER CONTENT that is defamatory, libellous, hateful, violent, obscene, pornographic, illicit or otherwise offensive, in accordance with applicable law or as determined by HUGO, in its sole discretion, whether or not such material may be protected or not by law. HUGO may, at its sole discretion and at any time and for any reason, without prior notice, review, control or delete USER CONTENT, but without being obliged to do so.

The USER declares and guarantees that: (i) he is the sole and exclusive owner of all the USER CONTENT or that he has all the rights, licenses, consents and permissions necessary to grant HUGO the license to the USER CONTENT as established above. Neither the USER CONTENT nor its presentation, upload, publication or otherwise making available of said USER CONTENT, nor the use by HUGO of the USER CONTENT as permitted herein, will infringe, misappropriate or violate the intellectual property or proprietary rights of a third party or the rights of publicity or privacy or will result in the violation of any applicable law or regulation.

Likewise, the USER declares that he exempts HUGO from all responsibility related to the content he publishes and that he will indemnify HUGO for any lawsuit resulting from the content that the USER publishes. HUGO reserves the right to control and edit or eliminate any activity or content that is published by the USER at its sole discretion. HUGO is not responsible and does not assume any responsibility for any content published by the USER or any third party.

6.4. Network and device access

The USER is responsible for obtaining access to the data network necessary to use the SERVICES. The data and message rates and rates of your mobile network may apply if the USER accesses or uses the SERVICES from a mobile device and the USER will be responsible for the payment of said rates and rates. The USER is responsible for acquiring and updating the compatible hardware or devices necessary to access and use the SERVICES and Applications and any updates to these. HUGO does not guarantee that the SERVICES, or any part thereof, will work on any particular hardware or device. Further,The SERVICES may be subject to dysfunctions or delays inherent in the use of the Internet and electronic communications and the USER knows this and accepts that HUGO will not have any interference or responsibility for this situation.

SEVENTH CLAUSE: Limitations and exclusions to the SERVICES

7.1 Description and photography of the product. The photographs of the PRODUCTS offered on the WEBSITE and / or the APP show the real colors corresponding to the PRODUCTS. However, the colors that the USER will see when accessing the WEBSITE and / or the APP will depend on the calibration of their monitor / device. Therefore, we cannot guarantee that the colors shown on the monitor / device of each USER are identical to those of the PRODUCT. Likewise, it is essential that the USER carefully read the descriptions of the PRODUCTS, as well as the purchase conditions before placing the order. This, in order to clearly understand the terms, conditions and restrictions that may apply to each PRODUCT.

7.2 Stock of the Product or availability of the SERVICE. The USER understands and accepts that the possibility of making the sale of the PRODUCT depends on the number of stocks of the PRODUCT that the STRATEGIC PARTNER or HUGO, as the case may be, keeps in inventory. Prior to confirming the transaction, the USER will be informed about the availability of the required PRODUCT units.

7.3 Money-back guarantee. The return guarantee of the PRODUCTS that are marketed through the WEBSITE and / or the APP will be for the term and conditions established by the APPLICABLE LEGISLATION, which is paid by the STRATEGIC PARTNER who sells the PRODUCT / S.

7.4 Right of withdrawal. In accordance with APPLICABLE LEGISLATION, the consumer will have the right of withdrawal that he may assert, as long as the SERVICE has not yet been provided and the order or order has not been prepared by the STRATEGIC PARTNER.

The USER acknowledges that HUGO is only a technological platform and therefore does not provide transportation or logistics SERVICES. The platform does not function as a transport company, since such transport or logistics SERVICES are provided by third party independent contractors or affiliates who are not employed by HUGO and who are the latter responsible for complying with any legal requirement or permission they need. in order to operate and provide the SERVICE, as well as comply with all applicable national legislation.

The USER may not: (i) reproduce, modify, prepare derivative works on the SERVICES, distribute, license, lease, resell, transfer, publicly display, publicly present, transmit, retransmit or otherwise exploit the SERVICES, except when this is expressly permitted by HUGO; (ii) link, mirror or frame any part of the SERVICES; (v) cause or launch any program or script for the purpose of extracting, indexing, analyzing or otherwise prospecting for data from any part of the SERVICES or unduly overloading or blocking the operation and / or functionality of any aspect of the SERVICES ; or (iii) attempt to gain unauthorized access or damage any aspect of the SERVICES or its related systems or networks.

EIGHT CLAUSE: Prices and payment method

The USER understands that the use of the SERVICES may derive in CHARGES for the SERVICES or goods received from HUGO or from a THIRD PROVIDER. After you have received the SERVICES or obtained the goods through the use of the SERVICES, HUGO will facilitate the payment of the applicable CHARGES on behalf of the THIRD PROVIDER as the limited collection agent of the THIRD PROVIDER. The payment of the CHARGES in this way will be considered as the payment made directly by the USER to the THIRD PROVIDER. CHARGES will include applicable taxes when required by APPLICABLE LEGISLATION.

The CHARGES of the PRODUCTS and SERVICES exposed are indicated in the currency of legal tender in the TERRITORY in which the transactions are carried out and with all taxes included. Any other costs associated with the purchase, such as, but not limited to shipping services, gift wrapping services or any other that HUGO may, at its discretion, offer to its USERS, will be billed separately and indicated in the order. of purchase to cancel.

HUGO, at any time and in its sole discretion, reserves the right to establish, eliminate and / or revise CHARGES for any or all of the SERVICES or goods obtained through the use of the SERVICES, which include, but are not limited to, CHARGES for home service and booking fee CHARGES for customer service and other additional services that allow HUGO to continue improving the conditions of our affiliate network and provide the best SERVICE.

The USER may make the payment of the CHARGES through their cards accepted by HUGO. Said payment must be accredited before the PRODUCT is dispatched. The USER agrees not to carry out CHARGES on the card.

At the end of the online purchase process, the USER will always receive a purchase confirmation and a confirmation from the payment processor to their registered email. The invoice / digital receipt of the purchase will be sent by the same means.

It is essential, for the purposes of making the purchase, that the USER verifies all the data about the PRODUCTS or the SERVICES that he wishes to acquire in order not to incur errors, that he properly insert all the information required for the delivery of the PRODUCT or the provision of the SERVICE, and that you understand and accept the terms and conditions of purchase.

HUGO will not be responsible for problems derived from failures in the payment processor system and / or the bank through which the payment is intended to be made, in which case the USER must contact their service provider to correct the problem. and to be able to make the purchase in question.

The SERVICE requested through HUGO and to be provided by a THIRD PROVIDER, will be understood to be accepted when this THIRD PROVIDER accepts said SERVICE order. Therefore, a SERVICE order will be considered canceled when the THIRD PROVIDER has answered the request and the USER immediately or subsequently rejects or cancels said SERVICE.

When a SERVICE requested through HUGO and to be provided by a THIRD PROVIDER is canceled after 3 minutes, HUGO reserves the right to charge a cancellation fee up to the amount of the purchase.

On some occasions, the THIRD SERVICE PROVIDER may decide to cancel the USER's request, in which case HUGO is not responsible for such circumstances. However, if a charge has been made to the USER and the SERVICE is not reassigned to another THIRD PROVIDER, it will be reversed in money or credit to your ACCOUNT.

When the THIRD PROVIDER or HUGO through the PLATFORM notifies the USER of the arrival of the requested SERVICE and the USER requesting said SERVICE is not in the indicated place, the SERVICE will be understood as canceled and the USER will assume the total cost of the same.

If the USER has chosen the form of payment in cash and for any reason or circumstance cancels his order as long as the cause is not attributable to HUGO, he authorizes without prejudice to HUGO to place it in ACCOUNTS pending debiting.

HUGO, at any time and in its sole discretion, reserves the right to establish, eliminate and / or revise CHARGES for any or all of the SERVICES or goods obtained through the use of the SERVICES, which include, but are not limited to, CHARGES for the SERVICE at home. However, this will be communicated to USERS prior to placing any order.

The USER acknowledges and accepts that the CHARGES applicable in certain geographical areas may increase substantially depending on the distance from these geographical areas. However, these CHARGES will be informed to the USER prior to the USER confirming the SERVICE and in order that a duly informed consumption decision can be made.

The USER may choose to cancel his request for the SERVICES or goods of a THIRD PROVIDER if less than 2 minutes have elapsed after having requested said SERVICES. However, the USER is not entitled to any refund for cancellation once the merchant or THIRD PROVIDER has accepted the order. HUGO offers refunds for purchases at its sole discretion or when the applicable legislation expressly indicates it, including the possibility of making refunds as "balance in favor of the USER", applying it to the USER'S ACCOUNT on the PLATFORM and not through the refund of cash or credit to your credit or debit card associated with your ACCOUNT. The foregoing will also be applicable when the transaction has been carried out through the exchange of points from a third party loyalty program.

In the event that HUGO suspends or cancels your ACCOUNT, these Terms and Conditions are terminated or modified, or the ownership of HUGO changes, the USER understands and accepts that they will NOT receive any refund or compensation for it, or for any content or data associated with your ACCOUNT, or for anything else, except if HUGO agrees to it in its sole discretion.

This payment structure is intended to fully compensate the THIRD PROVIDER for the SERVICES. HUGO does not designate any part of your payment as a tip or gratuity to the THIRD PROVIDER. The USER understands and accepts that, while he is free to provide an additional payment as a bonus to any THIRD PROVIDER that provides him SERVICES, he has no obligation to do so. Gratuities are voluntary. After you have received the goods or SERVICES obtained through the SERVICE, you will have the opportunity to rate your experience and leave additional comments about HUGO and the THIRD PROVIDER.

NINTH CLAUSE: Reception of the order

If the SERVICE required by the USER involves the delivery of any good or PRODUCT, the USER undertakes to guarantee that there is a person of legal age available to receive it.

The USER or the person who receives the good is authorized to open the package and to check that it was received in good condition. Otherwise, you should not receive the property and you must immediately notify HUGO of what happened by the means that HUGO has arranged for it, so that HUGO can investigate the situation and resolve the problem. HUGO will not be responsible for goods received and accepted to the satisfaction of the USER or whoever receives them at the address indicated for delivery.

The delivery of the orders will be made at the delivery address freely designated by the USER, within the TERRITORY. HUGO will not assume any responsibility when the delivery of the good or the execution of the SERVICE cannot be carried out as a result of the inaccuracy or falsity of the data provided by the USER, due to the absence of the recipient, or for any other cause beyond the responsibility of HUGO.

TENTH CLAUSE: License

Subject to compliance with these Terms and Conditions, HUGO grants the USER a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) access and use the Applications on their personal device only in connection with their use of the SERVICES; and (ii) access and use of any content, information and related material that may be made available through the SERVICES, in each case only for your personal, non-commercial use. HUGO and its licensors reserve any rights that have not been expressly granted hereby.

ELEVENTH CLAUSE: Ownership

The SERVICES and all rights relating to them are and will remain the property of HUGO or its licensors, in the forms and times in which HUGO determines. Neither of these Terms and Conditions nor the use of the SERVICES transfer or grant you any rights: (i) over or in relation to the SERVICES, except for the limited license granted above; or (ii) to use or mention in any way the company names, logos, product and SERVICE names, trademarks or SERVICE marks of HUGO or its licensors, or withdraw any copyright notice, trademark or other proprietary notice of any part of the SERVICES.

TWELFTH CLAUSE: Third Party Services and Content

The SERVICES may be made available or accessible in relation to the services and content of third parties (including advertising) that HUGO does not control. The USER acknowledges that different conditions and privacy policies may be applicable to his use of said services and third-party content. HUGO does not endorse such third party services and content and in no event will HUGO be responsible for any products or services of such Third Party Providers.

For the service of collectives and cell phone recharges in the Republic of El Salvador, you can consult the applicable policies and conditions by clicking here.here

THIRTEENTH CLAUSE: Communication with the USER

Any USER who registers and / or uses the HUGO SERVICES and / or who writes to us by email, will receive communications by that same means (the email registered by the USER) from HUGO.

The USER accepts that HUGO may communicate, through the email registered by the USER and / or by the APP, information on: promotions, PRODUCTS and SERVICES, notifications, changes to the Terms and Conditions, electronic invoices, order confirmations, as well as any other information or formal notification that HUGO needs to communicate to the USER.

Therefore, the USER is responsible for keeping their personal information updated and periodically checking their email.

In the event that the USER does not wish to receive certain information by email, they must click on the "unsubscribe" option that appears at the bottom of each email, or through the telephone lines available in the "Contact us" section of the HUGO WEBSITE. Notwithstanding the foregoing, it is important to note that there is information that HUGO must necessarily send to the USER by email, either for the purposes of providing the SERVICE or in order to comply with applicable legislation. If the USER does not authorize HUGO to send this information, HUGO will not be able to provide the SERVICE.

In the event that the USER does not wish to receive certain information by email, they must click on the "unsubscribe" option that appears at the bottom of each email, or through the telephone lines available in the "Contact us" section of the HUGO WEBSITE. Notwithstanding the foregoing, it is important to note that there is information that HUGO must necessarily send to the USER by email, either for the purposes of providing the SERVICE or in order to comply with applicable legislation. If the USER does not authorize HUGO to send this information, HUGO will not be able to provide the SERVICE.

See Privacy and Security Policy.

FOURTEENTH CLAUSE: Links to other pages and information published by USERS or third parties

HUGO may post on its WEBSITE or through its APP, links to other web pages. The USER expressly accepts that HUGO is not responsible for the content of said links or for the veracity or accuracy of the information contained in said links.

HUGO may also allow, at its discretion, USERS or third parties to post links, photographs, comments, ideas, ratings of PRODUCTS, as well as any other type of information, provided that it is not defamatory, degrading, insulting, disrespectful, threatening, invasive of privacy, offensive, infringement of intellectual property rights, containing viruses, proselytizing, "spam" or content that could be considered illegal in any way. Any content of this type or that HUGO considers false or made through a false profile, may be removed from the site without any explanation from HUGO.

The USER and, in general, any natural or legal person who intends to establish a link from their WEBSITE, must obtain prior written authorization from HUGO. The establishment of this link does not imply in any case the existence of relations between HUGO and the owner or owner of the WEBSITE on which it is established, nor the acceptance or responsibility of HUGO in relation to its contents or SERVICES.

FIFTEENTH CLAUSE: Intellectual property rights

The intellectual property rights over the contents of the WEBSITE and the APP, including but not limited to: its graphic design, the distinctive signs that appear (trademarks and trade names), the underlying computer programs and / or software (including codes source), as well as the different elements that make up the WEBSITE (texts, graphics, photographs, videos, etc.) correspond solely and exclusively to HUGO, which gives you the right to use and exploit them.

The use of the WEBSITE and the APP by the USER and / or STRATEGIC PARTNER and / or THIRD PROVIDER does not imply in any way that there is a transfer of any intellectual and / or industrial property rights over the WEBSITE or the APP, its contents and / or the distinctive signs of HUGO. For this purpose, the USER is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting and / or reusing the WEBSITE or the APP, its contents and / or the distinctive signs of HUGO.

SIXTEENTH CLAUSE: THE TERRITORY

The APP and WEBSITE SERVICES will be carried out only in the coverage areas of the TERRITORY, since the SERVICE is carried out by a THIRD PROVIDER and / or a logistics company, so there are certain areas where deliveries are not made and the provider does not provide the transportation service.

The foregoing, unless the conditions vary in the future due to an expansion of the SERVICES by the THIRD PROVIDER and / or a logistics company, undertakes to do something different in a particular case.

Prior to confirming the order, HUGO will inform the USER about the availability of SERVICES in the required territory.

SEVENTEENTH CLAUSE: Responsibility in relation to the use of the SERVICES

Every USER accepts responsibility for any illegal or prohibited activity in accordance with these Terms and Conditions, which is carried out through the use of the PLATFORM, WEBSITE, APP or SERVICES provided by HUGO.

The USER releases HUGO from all responsibility for damages or losses that occur as a result of the bad or incorrect use by the USER of the PLATFORM, the APP or the SERVICES that HUGO provides through the WEBSITE and / or the APP. Likewise, HUGO reserves the right to reject a SERVICE request, at its sole discretion and, especially, upon suspicion of any irregular activity or the use of the Site and / or the APP for purposes other than those set forth herein.

HUGO may close or restrict the USER's access to the SERVICES if any improper use of the WEBSITE and / or the APP of the SERVICES offered therein is detected, understanding as improper use, but not limited to, the following assumptions:

17.1. Use the WEBSITE or the APP for any use other than those authorized by means of these Terms and Conditions.

17.2. The use of automated mechanisms or tools or similar technology whose purpose is to extract, obtain or collect, directly or indirectly, any information contained in the WEBSITE and / or the APP.

17.3. Any attempt to modify, adapt, translate, or convert the formats or computer programs of the WEBSITE or and / or the APP and its contents.

17.4. Use the HTML codes available to a third party.

17.5. Copy, imitate, replicate for use on mirror servers, reproduce, distribute, publish, download, display or transmit any content of the Site and / or the APP (including trademarks) in any form or by any means; This restriction includes, but is not limited to, the following media: electronic, mechanical, photocopying, recording or any other media.

17.6. Access data not intended for the USER or log into a server in which the USER does not have authorized access.

17.7. Attempting to interfere with the SERVICE to any other USER, host or network, including, without limitation, through the sending of viruses to the Site, overloading, flooding, spam, mail bombing or crashes.

17.8. Send unsolicited mail, including promotions and / or advertising of PRODUCTS or SERVICES.

17.9. Forge any TCP / IP header or any part of the header information in any email or newsgroup.

17.10. Attempt or carrying out fraudulent activities, including, without limitation, identity forgery.

All information provided by the USER must be true and accurate. Providing any false or inaccurate information constitutes a breach of these Terms and Conditions.

EIGHTEENTH CLAUSE: Limitation and release of liability; Waiver and Indemnity.

18.1. Liability release

The USER acknowledges and accepts that the use of the WEBSITE and the APP is carried out at all times under their entire risk and responsibility. HUGO will not be responsible for the improper use that may be made of the WEBSITE and / or the APP.

HUGO will not be liable for damages of any kind caused to the USER's electronic equipment (computer, telephone, tablet, or others) by viruses, worms or any other harmful element. The USER acknowledges that the use of the Internet involves the assumption of risks that their computer equipment may be affected by the elements mentioned above. To this end, the USER is responsible, in any case, for the availability of adequate tools for the detection and elimination of harmful electronic programs that may pose a risk to their computer equipment.

HUGO will not be responsible for problems derived from failures in the system of the bank through which the payment is intended to be made, in which case the USER must contact his SERVICE provider to correct the problem and be able to make the purchase in question.

HUGO will not be responsible for the failure to perform its obligations when there is force majeure, a fortuitous event or the entry into force of government legislation, regulations or restrictions of any other nature that prevent it from performing its obligations.

18.2. Resignation

HUGO disclaims all statements and guarantees, express, implicit or statutory, not expressly established in these terms and conditions, including the implicit guarantees of merchantability, suitability for a particular purpose and non-violation. In addition, HUGO does not make any declaration or guarantee any relative to the reliability, punctuality, quality, suitability or availability of the SERVICES or any of the SERVICES, PRODUCTS or goods requested through the use of the SERVICES, or that the SERVICES will not be interrupted or they will be free of errors. HUGO does not guarantee the quality, suitability, safety or ability of THIRD PARTY SUPPLIERS. The USER agrees that all risk derived from their use of the SERVICES and any SERVICE or PRODUCT requested in relation to those will be solely theirs,to the maximum extent permitted by applicable law.

18.3. Limitation of liability

HUGO shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, loss of data, personal injury or damage to property, nor for damages relating to, or in connection with, or of otherwise derived from any use of the SERVICES, even if HUGO has been advised of the possibility of such damages.

HUGO will not be liable for any damage, liability or loss arising from: (i) use or dependence on the SERVICES or your inability to access or use the SERVICES; or (ii) any transaction or relationship between the USER and any THIRD PARTY SUPPLIER, even if HUGO had been warned of the possibility of such damages. HUGO will not be liable for delay or lack of execution resulting from causes beyond HUGO's reasonable control, including, but not limited to, FORCE MAJEURE events.

The limitations and disclaimer in this section are not intended to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

18.4. Indemnity

The USER agrees to hold harmless and respond to HUGO and its directors, directors, employees and agents for any claim, demand, loss, liability and expense (including legal fees) arising from: (i) the use of the SERVICES or PRODUCTS obtained through the use of the SERVICES; (ii) the breach or violation of any of these Terms and Conditions; (iii) HUGO's use of your USER CONTENT; or (iv) the infringement of the rights of any third party, including THIRD PROVIDERS.

CLAUSE NINETEENTH: Various aspects

19.1. PRIVACY AND SECURITY POLICY: Our Privacy and Security Policy is part of the Terms and Conditions of use of the WEBSITE and the APP.

19.2. TITLES OR HEADINGS: The titles that are used to head each clause of this document, are introduced to facilitate its reading, and should not be considered as part of the text of this for the purposes of its execution or to interpret its content.

19.3. NULLITY: If any provision of this document is declared null or voidable by judicial or arbitration authority, it will be considered as not put, but the legality and validity of the rest of the Terms and Conditions will not be affected or limited by said omission.

19.4. APPLICABLE LEGISLATION AND COMPETENT COURTS: The use of this WEBSITE and APP will be governed and interpreted in accordance with the legislation of the country in which the SERVICES are requested through the PLATFORM, WEBSITE, or APP. Any conflict, controversy or difference that could be related to, or derived from the relationship between HUGO and the USER or any third party that uses the WEBSITE and / or the APP will be resolved by the Courts of the capital city of the country in which they are requested. the SERVICES through the HUGO PLATFORM. HUGO and the USER designate said courts as a special domicile, to whose jurisdiction we expressly submit.

19.5. RELEASE OF LIABILITY FOR PRODUCT DELIVERED: Once the PRODUCT has been delivered to the USER, HUGO will not be responsible for the use that the USER gives to the PRODUCT, nor for the consequences that may derive from the abuse in its consumption.

19.6. HUGO may notify the USER by means of a notification, by means of an email sent to his electronic address established in his ACCOUNT or by written communication sent to his address, according to the provisions of his ACCOUNT. The USER may notify HUGO by written communication to the HUGO address soporte.cx@hugoapp.com, or the one that appears in the “Contact Us” section of the HUGO WEBSITE. If the written notice is sent to another address, it will not be valid.

19.7. The USER gives his approval to HUGO to assign or transfer his acceptance of these Terms and Conditions, in whole or in part, including to: (i) a subsidiary or an affiliate; (ii) an acquirer of the capital, business or assets of HUGO; or (iii) a successor by merger. There is no joint venture or relationship of partners, employment or agency between the USER, HUGO or any THIRD PROVIDER as a result of the contract between the USER and HUGO or the use of the SERVICES.

These Terms and Conditions constitute the entire contract and the understanding between the parties in relation to the object and supersede and replace all previous or contemporary contracts or agreements in relation to said object. In these Terms and Conditions, the words "included / a / os / as" and "includes / n" mean "included, but not limited to."

Cualquier duda o consulta sobre los alcances e interpretación de los presentes Términos y Condiciones, podrá evacuarse mediante el correo electrónico de HUGO soporte.cx@hugoapp.com, o que aparece en la sección de “Contáctenos” del SITIO WEB de HUGO; la respuesta a estas consultas no implicará una modificación total o parcial de este documento, o una dispensa de su cumplimiento.