Terms and Conditions - Armadillo Botanics

These Terms and Conditions govern the use that any natural or legal person, or their representative in any way, makes of the Platform and any Service owned or controlled by ARMADILLO BOTANICS S.A.S. (hereinafter “AB”). This document contains legal information that we recommend you read completely in conjunction with the Privacy Policy. Through the approval of these Terms and Conditions, it is understood that the User has read and accepted them, in all their parts, and understands that they are legally binding and obligatory. Therefore, you accept the conditions of use and exploitation of the Platform, Content and Services. Otherwise, the User must refrain from accessing the Platform and Services, either directly or indirectly, and from using any information or service provided by it.

Acceptance of Terms and Conditions

By creating a Profile and/or using the Services and Platform in any way, the User accepts all the Terms of Use contained herein and the Privacy Policy. Likewise, it is understood that he accepts all other operating rules, policies and procedures that may be published by AB on the Platform, each of which is incorporated by reference. Notwithstanding the foregoing, some services offered on the Platform may be subject to additional terms and conditions. In that case, the use that the User makes of said services will also be subject to the aforementioned additional terms and conditions, which are incorporated into these Terms of Use by means of this reference. In the event that the User does not accept them, they must refrain from using said services and/or Platform in any way.

Definitions

The terms whose first letter is capitalized (except when it is exclusively due to the beginning of a sentence or is a proper name), have the meaning assigned to them below, or in the Privacy Policy:

Benefit(s): means the promotions and discounts that are granted to the User in order to provide better prices and greater benefits to them. Merchant(s): means selected retail merchants from which the User may purchase Products.

Content: means all types of information, whether graphic or written, images, audio and video, including but not limited to location, advertisements, comments, news, data, scripts, graphics, drawings or images, texts, design, diagrams, maps and interactive features presented by AB on the Platform and on any channel administered by AB (and any underlying software and computer codes), as well as computer programs or algorithms, programming modules, operating manuals, whether such Content is generated, provided or in any other way produced or provided by AB, Users or third parties.

Equipment: means mobile phones and smartphones, tablets, computers and any other electronic device through which the Platform can be accessed.

User Material: means all kinds of photographs, videos, comments, communications or other content generated by Users, which have been uploaded or uploaded to the Platform and/or to any channel managed by AB.

AB: means Armadillo Botanic S.A.S. Cannabis cultivation and Electronic commerce company which through technological and service means provides Users with a digital catalog of Products offered for the respective purchase and the transfer of these to the destination indicated by the User.

Purchase Order: means the particular request of a User for the purchase of certain Products for which the process has been completed on the Platforms.

Profile: means the unique personal account created by each User who accredits the registration in the Platform, based on the personal information provided by the same to AB, which includes their name, surnames, unique tax registration (RUT), date of birth , address, phone, username, email and password.

Platform: means the website (www.armadillobotanics.com), mobile applications and platform operated by AB, through which Users may access the Services.

Privacy Policy: means AB’s privacy policies, which are duly published on the Platform.

Product(s): means the products offered on the Platform such as food, medicines, devices, cosmetics, masters, medical consultations, consultations with specialists and animal consumption and in short, all the items and services that are available to be acquired by users. Users.

Delivery person(s): means the personnel hired by AB or an external third party, who deliver the Products.

Services: means all the services offered through the Platform, as well as the other services provided by AB, which Users can access through the Platform and its Equipment.

Terms and Conditions, Terms of Use or Agreement: means these AB Terms and Conditions.

User(s): means any natural or legal person, or their representative in any way, who uses or is registered as such on the Platform or has created a profile on it. A User can only create one Profile, that is, the User-Profile relationship is one to one. These may be classified as Browsers, Participants and Collaborators, according to what is stated in these Terms and Conditions. The term “User” covers all and any of the aforementioned categories.

User Account

The person corresponding to a User who creates a Profile is the only person authorized to access the Platform through said User. The User is responsible for maintaining the confidentiality of any password or account number provided by the User or AB to access the Platform or its Profile. Each User is solely and fully responsible for all activities that occur under their password, account or Profile. AB has no control over the use of a User’s account and expressly disclaims any liability arising therefrom. In the event that a User suspects that a third party may be accessing the platform under their User account or using their password, they will notify AB immediately.

If you provide your cell phone number, by that fact you expressly give your consent for AB to use it for calls, order information, sending text messages and notifications by whatsapp in order to offer the services, apply the Privacy policies. If you provide your email, by that fact you expressly give your consent for AB to use it to send emails with order information and messages in order to offer the available services or benefits, the Privacy Policies apply. You may opt out of receiving text messages, whatsapp notifications and/or emails from AB by sending an email to info@armadillobotanoics.com

All information provided by the User in the creation of his Profile, which is part of the User Account, must be true and by submitting said information the User authorizes AB to validate it by any means.

The creation of multiple Profiles, User Accounts and Users associated with the same natural or legal person is prohibited. If a user forgets the password, they can request an update of it through the platform.

If the creation of multiple Users/Profiles/User Accounts associated with the same natural or legal person is identified, AB may block said Users and may include them in restrictive lists on the Platform and/or cancel their orders.

Release of AB liability for improper provision of information by the User

The User declares that he is aware that the improper proportion of the information may impact the delivery times and Products included in the Purchase Order, and may even generate the cancellation of the same without prejudice to AB and is not obliged to notify previously. to user.

Purchase Process

COVERAGE

To date AB has coverage in the city of Armenia, the specific coverage within the cities may vary depending on the logistical scope that AB has to make the respective deliveries of the purchases made by its Users; Additionally, AB is entitled to modify these coverages at any time and is also obliged to offer the client the mechanism so that the User can verify if the address where they will receive their order is within the coverage, for this the User You must enter the data of the address where you will receive the Order on the Platform, verifying that the geographic address is correct.

AVAILABILITY OF PRODUCTS

The Products presented on the Platform are reviewed with respect to the inventories, in case of not having the existence of the same directly or in allied premises, AB will not collect the missing Product in the Purchase Order and will not be obliged to notify the User in advance. But it will notify at the time of delivery through the Platform.

DELIVERY SCHEDULES AND COST OF ADDRESS

The time of delivery of a Purchase Order will depend on the time slot selected by the Users at the time of check out of the same, provided that said option is available. This corresponds to the time in which the Distributor will deliver the Product and/or Service to the address indicated by the User. The delivery of the Products will have a cost indicated as home cost which varies according to the selected time slot and the Benefits (Promotions and Discounts) that apply to it. The number of deliveries per time slot has a limited capacity, which is why AB reserves the right to eliminate the availability of a slot on the Platform when it has reached its capacity limit. In these cases, the User will see the slots that are available on the Platform. In the event that incidents beyond AB’s control occur in the delivery city, such as marches, strikes, adverse weather conditions or accidents that affect mobility or the dispatch or delivery of the Products, AB will do everything possible to deliver the delivery order. purchase with the shortest delay time possible.

For some specific slots, no benefits or promotions apply given their high demand.

ORDER SCHEDULE

Any order placed after 11:00 pm will be assigned as if it had been made the day after and therefore will not be enabled to be delivered in some slots the next day, that is, if the order is placed on day 1 at 11 :00 pm, it is as if it had been made on day 2, so the delivery will be scheduled for day 3 in the slot that the client prefers.

MINIMUM ORDER

AB on its Platforms restricts the value of the minimum order required to be able to process a Purchase Order. This value will be indicated when the User includes items or products in the shopping cart.

The value to meet the restriction of the minimum order value does not include the value of the address.

SALE PRICE

The price to be paid for each item purchased will be the price in effect on the site at the time the order is placed, the price without crossing out.

PAYMENT OF THE PURCHASE ORDER

Purchase Orders may be paid in the following ways:

The payment methods available on the Armadillo Botanics website are:

Online payments (credit or debit card, PSE, cash payments at partner stores) through the Openpay payment gateway.

From our Ecommerce we do not capture, store or transmit transactional data. For this we have the services of Openpay, which is a certified payment platform; that guarantees the security of all transactions through encryption software, validation procedures and robust data protection measures at the banking level (PCI level 1 certification). That is why making payments on our website is safe.

If your payment is with PSE, the Openpay payment gateway is responsible for communicating directly with your bank through ACH, when paying through this channel, you are using the security processes of your own bank, which is the one that validates your password main and second key if it is the case.

Either

Payment on delivery: Cash and Dataphone.
Online/Non-Personal Payment: Visa, Mastercard, Diners and American Express Credit Card.
Missing products or products without availability will not be charged or the money will be returned according to the means of payment used by the client or according to the agreement between the User and AB which includes, but is not limited to, return in bonuses or credits in the application, in some cases the money will be delivered in cash with the delivery of the products, without requiring notice to the customer.
For payment with Sodexo cards, only the Premium Pass and Canasta Pass apply through the dataphones. The user must select the “dataphone” option on the platform when placing the order to make the payment on delivery with Sodexo cards.
AB Credits, depending on the product or service, the form of payment may be enabled through AB credits. AB credits are money-equivalent securities that have a certain use date.

PURCHASE ORDER DELIVERY

Distributor will deliver the Purchase Order to the address indicated by the User for this purpose, will deliver the Products verifying the status of the Delivery with the User, if the User is not found at the address, he will leave the order with a third party authorized for this purpose.

The Distributor will receive the value of the Purchase Order in case of payment with cash or dataphone.

THE BEST PRICE, GUARANTEED

The Best Price Guarantee applies to products marked with this campaign where AB guarantees that the price of the product is the best price in the market. In the event that any AB user after having made their purchase on the Platform finds the purchased product (which must have the same characteristics and brand as the one offered) at a lower price, they may submit a request via e-mail to info@armadillobotanoics.com attaching the necessary proofs (invoice or image that contains the lower price of the product compared to that offered by AB) so that the value of the purchased product is reimbursed in credit (credit balance) to the User. Additionally, this credit will be made for the value of only one item of the characteristics mentioned in this literal. AB will have fifteen (15) business days to review and resolve these requests.

For a product to meet the condition of Best Price Guarantee, the following characteristics must be met:

The product was purchased in Armenia should be compared with products sold in the city of Armenia.
Comparable products: In Justo y Bueno Own Brand products, they will be comparable with white brands, that is, for common consumption and that are the own brand of another distribution chain or supermarket. If they are not Justo y Bueno own brand products, the comparison must be made with the same brand and the same characteristics of the product from other supermarkets on the same date of purchase.
Product qualities such as size, dimensions and uses must be identical.
The price difference will only be valid if the selling price of the other supermarket is less than the selling price of AB and this price is not affected by any particular discount.
The customer must have purchased the product from AB.

SPECIFIC RULES ON PURCHASE ORDERS WHICH INCLUDE ALCOHOLIC BEVERAGES AND CIGARETTES

The sale of intoxicating beverages to minors is prohibited. Law 124 of 1994. Excess alcohol is harmful to health. Law 30 of 1986 Any Purchase Order that includes alcoholic beverages or cigarettes may only be required by Users over 18 years of age. The Distributor who makes the delivery of Purchase Orders that include said products will require, for delivery, the identification of the User who made the Purchase Order, requiring the presentation of a valid identity card or passport, releasing from all responsibility, both AB, its directors, employees, subsidiaries, affiliates, agents and representatives, as well as the Distributor, in case the delivery does not take place due to the lack of accreditation of the User’s identity.

Cancellation and Withdrawal of Purchase

WITHDRAWAL BY THE USER

When a user needs to cancel his order for reasons that correspond to his need, he must notify through the contact channels already stated in these terms and conditions of use in a term not exceeding five (5) hours after placing the order, this, in order to have a margin of reaction at a logistical level that does not mean a loss for the User or for AB.

AB is an online supermarket, with its own distribution center, and logistically in charge of the quality, condition and conditions of several of its Products. In this sense, AB markets, among others, products that have the quality of perishable, or that are intended for personal use, which is why the right of withdrawal established in article 47 of the Law 1480 of 2011.

For refund requests, please refer to section 7 of this document, “Claims and Customer Service”.

Right of Withdrawal

Every AB customer/user. who make purchases through armadillobotanics.com will have the possibility of exercising their right of withdrawal. Thus, the user may freely request that the sales contract be reversed by returning the operation to its original state, that is, by returning the product without use by the user and the return of the payment by AB Para In order to exercise the right of withdrawal, the following conditions must be met:

Time: The return of the product can only be made within five (05) days following the delivery of the product.
Transportation cost: They will be assumed by the user and the others that the return of the good entails.
Product Status: The customer must return the product to Armadillo Botanics S.A.S. in the same conditions that it was received, without having modified the physical or chemical conditions of the product, the product must be found fit for sale.

The right of withdrawal will not be applicable to those products manufactured to measure, according to plans or customized for the client.

Armadillo Botanics S.A.S may return the money to the user within thirty (30) calendar days following the delivery of the product and the presentation of the documents required by our company to make the return.

WITHDRAWAL BY AB

AB reserves the right to cancel orders and/or cancel benefits that it considers to be in breach of any of the terms of this document and is not obliged to notify the user in advance.

Claims and Customer Service

AB will receive and process the requests, petitions, complaints and claims made by the User in the eventualities that arise from the service provided by the company such as compliance with delivery times and product quality, among other cases. AB has control of the services and staff that is hire directly as has been stated in this numeral.

If the User has any questions regarding the Terms and Conditions, Privacy Policy, use of the Platform or their Profile, they may contact AB by writing to the email info@armadillobotanoics.com The messages will be answered in a maximum of 48 hours and definitively resolved within five days (5) as established by current legislation and by AB’s internal policies for PQR care.

Claim

The User may make claims when the delivered Product does not correspond to the indicated product, when the Product is not in the state indicated on the Platform or a Product that was in the Purchase Order has not been delivered, this may be done through the Platform or the email info@armadillobotanoics.com

Returns Request

The User may request money refunds or product changes according to the type of Product, always guaranteeing that the products retain their original characteristics.

Non-perishable products: Changes maximum 12 hours after receiving the product. The products must retain the original characteristics. For all changes, the request must be made in writing through the customer service email info@armadillobotanoics.com

Perishable products: Change requests will be received a maximum of 3 hours after receiving the Product, in case the change request is due to its quality or condition, the request must be made according to the treatment indicated as “Claim”. At the time of collecting the product, the Distributor will verify the status of the Products, guaranteeing that the Products that require a cold chain have not lost it. For all changes, the request must be made in writing through the customer service email info@armadillobotanoics.com

For claims and requests for returns, after review and verification by customer service, the money may be returned to the client by crediting it to the AB User account, or by delivering the Product subject to the claim. , complying with the quality and characteristics of the same.

Guarantee

Perishable products: They will not have a guarantee. The terms and conditions indicated for claims and returns apply.

Non-perishable products: Technology and toy products, the guarantee will be granted by the manufacturer of the products, which is why the corresponding claim must be filed with the manufacturer. For other products, no guarantees apply, the terms and conditions indicated for claims and returns apply.

Referrals

Below are the terms and conditions that will apply to the referral program that can be accessed through the Platform.

New User is defined as a unique natural person who has never used the service or purchased AB Products.
The benefit can only be used once per delivery address.
Existing Users will be able to refer family and/or friends through their referral code and will receive $5,000 pesos in discount credit for their next order immediately after the new User has received their first order.
You can only refer a new User from our app.
The referral code may be shared by existing Users when they have made their first purchase.
New Users who have used a valid referral code will have an exclusive discount for their first purchase for a value of $10,000 pesos in discount credit applicable only to their first order.
The discount credit applies only for orders over $30,000 pesos, not including the cost of delivery.
The benefit applies exclusively to Users according to the coverage and will be effective only if the User makes the order within the effective date of the discount credit.
Referrals with information or data such as untrue or unverifiable email or phone numbers will not be taken into account and will not be able to access the referral program, and the cancellation of the Purchase Order may also apply.
A User can refer a maximum of 50 new users.
In the event that AB may have doubts about the origin and veracity of the data provided under the referral program, AB may contact the owner of the data by phone in order to verify them, before giving applicability to the program. . In this sense, the referral program may be suspended while the data is verified.

Benefits: Promotions and Discounts

Below are the terms and conditions that will apply to all benefits (discounts and promotions) that are advertised or accessible through the form.

The discounts correspond to the benefit or offer that AB by itself and/or with allies applies to the value of the Purchase Order or to a part of it, this value is indicated in the summary of the payment order in the section “Discounts ” and decreases the value to be paid by the User.
The promotions will correspond to the benefit or offer that AB itself and/or with allies applies to the sale price of the Products offered on the Platform.
The promotional price of the items will correspond to the value that is NOT crossed out, the crossed out value corresponds to the value of the Product before the promotion. In the event that the crossed-out value is less than the non-crossed-out value, the lower value will be understood as the promotion value.
The discounts will apply to the value of the Purchase Order or to the Products of the Purchase Order included in the discount. If promotional Products are included in a Purchase Order to which a discount is applied, the discount will apply to the price indicated in the promotion unless otherwise indicated in the discount.
Validity of the benefits (discounts and promotions): the benefits presented within the banners of the Platform or that are sent in own communications or with allies, have the validity indicated in them, if not indicated they will be valid for the day in which they are displayed unless an end date is specified in it. The validity is also subject to the stocks available for the benefit.
The benefits will be effective and are subject to the coverage thereof, the User places the order and schedules the delivery within the effective dates of the benefits or while stocks last (taking into account the available units of Products intended for the promotion). .
The benefits made within the “First Purchase” may only be redeemed by new AB Users who place their order via the Platform.
The User may make purchases of one or several promotional items, taking into account for one item the maximum number of units that can be included in a Purchase Order indicated on the Platform. For cases where the item does not directly indicate the maximum quantity, the maximum capacity of an item will be those that the system allows to be included under the promotion price in the Purchase Order.
AB may end a benefit ahead of time in the event that the items of said promotion are sold out in inventory or branches of its allies.
AB may restrict the purchase of the same item or Product with promotion to a certain time (eg, one item in promotion every 5 days) per User or device.
If an order contains promotional items, and at the time of carrying out the entire internal logistics process, AB shows that the item is out of stock, AB may cancel the User’s Purchase Order or offer a new option if they want to give continuity to the service relationship.
Free home benefit: in addition to occasional benefits, a free home will be provided when the amount indicated on the Platform is exceeded. This amount is variable according to AB campaigns, the amount can be modified at the discretion of AB without prior notice of change. The current amount for the free address will be indicated on the Platform.
First purchase discount benefit: This benefit is applied in different ways such as free delivery, coupons, products with special prices or benefits according to the Referral plan. The applicable first purchase discount will depend on the campaign, which will be indicated on the Platform and will be announced to the new User.

The types of particular discounts refer without limitation to:

Discount by type of payment method (ie: cash, debit or credit card from any specific franchise or from specific banking entities; everything corresponding to this type of alliance).
Discount for product tying (Take as an example promotions such as “Pay 1 and get 2 of the same product for the initial price”).
Discount for being a frequent customer: in relation to Users who have a link of some kind with certain Products when accessing discounts (understood as a frequent customer card and the like).
“Save $1,000* at home” will apply only to one item from the final number of Products with the same characteristics that have been included in the shopping cart. This discount will be cumulative taking into account that it will only apply according to the Products that have the distinctive brand. (*Variable value).

User Generated Material

In the event that the Platform allows the publication, upload or upload of User Material, these will be considered non-confidential at all times. In addition, by posting or uploading to AB, User grants AB a perpetual right, worldwide, non-exclusive, royalty-free, sublicensable and transferable to use, reproduce, distribute, modify, display and submit User Material, for the promotion and support of AB. User grants each User a non-exclusive license to access your User Material through the Platform and to publicly display and perform such User Material, subject to these Terms and Conditions.

In relation to the foregoing, the User declares regarding the User Material that: (i) he is the owner of the copyright on them, or that he has the authorization of the owner of the same for their publication in AB; (ii) is not unlawful, obscene, defamatory, libelous, pornographic, hateful, racist, or inappropriate for any reason; (iii) will not damage the reputation of AB or any third party; and (iv) does not impersonate another person. AB reserves the right to remove any User Material in its sole discretion and without notice or liability to User or any other person.

AB does not endorse or support any kind of User Material, nor does it make recommendations or advice about them, and the User waives any obligation to bind AB in relation to any User Material. The User understands and accepts that the User Material may contain information that is inaccurate or offensive, renouncing, from now on, to claim or present any kind of recourse against AB with respect to it.

AB may provide links to websites owned or managed by third parties, without this fact being understood, under any circumstances, that AB House endorses the content, products or services available on such websites, and that it is not responsible for their content or your safety. The User’s link or connection to any other website is their sole responsibility.

Waiver

Use of the AB Platform is at the User’s own risk. The Services are provided as offered, without warranties of any kind, express or implied, including, but not limited to, the warranties of merchantability, fitness of the Product for a particular purpose, and non-infringement. AB makes no representations or warranties as to the accuracy or completeness of the content offered through the use of AB or the content of any website linked to the use of AB. Notwithstanding that AB acts with the utmost diligence in the provision of its Services, AB does not assume any responsibility derived from (i) errors or inaccuracies in the Content; (ii) personal injury or property damage, of any nature, resulting from your access to and use of the Platform; (iii) unauthorized access to or use of AB’s secure servers and/or any personal and/or financial information stored therein.

AB does not guarantee that the Platform will function error-free or that it is free of viruses or other dangerous products. If the use of the Platform results in the need for technical service or replacement of equipment or data, AB will not be responsible for such costs. AB, to the fullest extent permitted by law, disclaims all warranties, express or implied, including without limitation warranties of merchantability, non-infringement of third party rights, and the warranty of fitness for a particular purpose. AB does not guarantee, under any circumstances, the accuracy, reliability, completeness and timeliness of the content, services, support, software, text, graphics or links. AB and its affiliates and licensors do not guarantee, under any circumstances, that the personal information provided by the User can be misappropriated, intercepted, deleted, destroyed or used by third parties.

However, and based on the foregoing, AB will do everything in its power to minimize technological or infrastructure errors at the level of servers, mobile apps and website that may result in damage to the User in everything related to the protection, use correct and authorized data.

AB does not endorse or support any kind of User Material, nor does it make recommendations or advice about them, and the User waives any obligation to bind AB in relation to any User Material. User understands and agrees that User Material may contain information that is inaccurate or offensive, rejecting, from now on, to claim or file any kind of appeal against AB with respect to it.

AB may provide links to websites owned or managed by third parties, without this fact being understood, under any circumstances, that AB endorses the content, products or services available on such websites, and that it is not responsible for their content or their security. The User’s link or connection to any other website is their sole responsibility.

Reports and Complaints

Users may report to AB any conduct or Content that may violate these Terms of Use, the Privacy Policy or applicable law. For this purpose, the Platform in its Privacy Policy and in these terms will have the appropriate channels to formulate the respective PQR, preferably the mailbox info@armadillobotanoics.com

Upon receipt of the request, AB, in its sole discretion, will determine whether the removal or modification of the Content is appropriate.

Limitation of Liability

The User accepts that AB is not responsible for any direct, indirect, lost profits, consequential damages, incidental, special or consequential damages, arising from or in connection with (i) the use of the Platform; (ii) the responsibility of any Distributor who does not provide their services under the subordination and dependence of AB; or (iii) in connection with the performance or navigation of the Platform or its links to other websites, even if AB has been advised of the possibility of such damages.

The User acknowledges and accepts that the Distributors are providers of a service created by logistics-type alliances with companies and businesses dedicated to said activity; the relationship between AB and the User corresponds to guarantee, through the technological and service means available, to provide the User with a catalog of Products offered for the respective purchase and the transfer of these to the destination indicated by the User. AB does not have Distributors linked to its company name as workers; In this sense, and without an employment contract between the Distributors and the company, the outsourcing of a transport service of the products requested by the User is configured.

In addition, the User accepts that AB is not responsible for any damages arising from the interruption, suspension or termination of the Services, including without limitation direct, indirect, lost profits, consequential damages, incidental, special or consequential damages, even when said interruption, suspension or termination whether or not justified. In no event shall the total liability of AB to the User for any kind of loss exceed the amounts paid by the User to AB.

Upon receipt of the request, AB, in its sole discretion, will determine whether the removal or modification of the Content is appropriate.

AB Release of Liability for Acts of Third Parties

Responsibility for fulfilling the obligations of the Distributors will fall on AB only with respect to those who provide their services under the subordination and dependence of AB. In the rest of the cases, said responsibility will fall on the corresponding Distributor, however, AB is allowed to emphasize that the requests that arise from these eventualities from the Users will be received and processed. If necessary, AB will grant the User the rights that they may have against the Distributors, as appropriate, for the damages that they may have caused.

The Distributors are not authorized to enter the homes or private property where an order must be delivered, unless the User authorizes it, in case of damages AB will not be responsible for them.

Neither AB nor its affiliates or licensors shall be liable for any claim, injury or damage arising in connection with the acts or omissions of any Driver, except as provided in the preceding paragraph. In the event of a dispute with one or more Couriers, the User releases AB, its directors, employees, subsidiaries, affiliates, agents and representatives from all claims, liabilities, costs, including without limitation attorneys’ fees, losses or damages of any kind or nature, direct or indirect, arising as a result of such disputes.

Indemnity

The User agrees to defend, indemnify and hold harmless AB, its officers, directors, employees, agents and affiliates, from and against any loss, claims, actions, costs, damages, penalties, fines and expenses, including without limitation fees for lawyers, arising from, related to or resulting from the unauthorized use of the Platform by the User, or from any breach of these Terms and Conditions, including without limitation, any violation of any law, ordinance, administrative order, rule or regulation . AB will give notice, as soon as possible, of any claim, demand or procedure, and will have the right to assume the defense regarding any claim, demand or procedure.

Termination

In its sole discretion, AB may modify or discontinue the Platform, or may modify, suspend or discontinue your access or support, for any reason, with or without notice and without liability to Users or any third party. Even if a User loses the right to use the Platform, these Terms and Conditions will be enforceable against him. The User may terminate these Terms and Conditions at any time, ceasing to use the Platform, surviving all provisions that by their nature should survive to take effect.

The termination of the Services and/or the closure of the User’s account, for any reason, will not generate compensation or indemnity in their favor by AB.

Terms of Law

This Agreement shall be governed by and construed in accordance with the laws of Colombia, without giving effect to any principles of conflicts of law. If any provision of these Terms and Conditions is declared illegal, or presents a gap, or for any reason is inapplicable, it must be interpreted within the framework of the same and in any case will not affect the validity and applicability of the remaining provisions.

Applicable Law and Severability

These Terms and Conditions will be governed by the laws of the Republic of Colombia. The Terms of Use and the Privacy Policy constitute the entire agreement between the User and AB with respect to the Services, use of the Platform and the Content, and supersede all prior or contemporaneous communications and proposals (whether written, oral or electronic). ) between the User and AB with respect to the Platform and the Services.

Non-Agency

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee contractual relationship is created by this Agreement.

Modifications

AB may, in its sole and absolute discretion, unilaterally and without prior notice change these Terms and Conditions. However, such changes will only apply from the moment they are published on the Platform and will apply to transactions carried out after their entry into force, without altering the transactions carried out previously.

Various

These Terms of Use are personal to you, and may not be assigned, transferred, or sublicensed, except with AB’s prior written consent. AB may assign, transfer or delegate any of its rights and obligations under these Terms of Use without the consent of the User. Unless otherwise specified in these Terms of Use, all notices or modifications will be considered duly delivered from the moment of their publication on the Platform, or from the moment they are notified to the User, as appropriate.

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