TERMS AND CONDITIONS

TERMS AND CONDITIONS

Last Updated: December 13, 2017

1. Contractual relationship

These Terms of Use ("Conditions") regulate the access or use that you make, as a person, from any country in the world (excluding the United States and its territories and possessions as well as Mainland China) of applications, web pages, content, products and services (the “Services”) made available by Taxi App Seguro SA de CV., a public limited company with variable capital incorporated in Mexico, with registered office in Mariano Matamoros, 681 CP 2500, Saltillo Coahuila, Mexico, registered in the Chamber of Commerce of Mexico (“Taxi App Caller”).

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PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

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By accessing and using the Services, you agree to be legally bound by these Conditions, which establish a contractual relationship between you and Taxi App Caller. If you do not accept these Conditions, you will not be able to access or use the Services. These Conditions expressly replace previous agreements or commitments with you. Taxi App Caller may immediately end these Conditions or any of the Services with respect to you or, in general, stop offering or denying access to the Services or any part of them, at any time and for any reason.

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Supplementary conditions may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplementary conditions will be communicated to you in relation to the applicable Services. The supplementary conditions are established in addition to the Conditions, and will be considered a part of these, for the purposes of the applicable Services. The supplementary conditions will prevail over the Conditions in the event of conflict with respect to the applicable Services.

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Taxi App Caller may modify the Conditions relating to the Services when it deems it appropriate. The modifications will be effective after the Taxi App Caller's publication of said updated Conditions in this location or the modified policies or supplementary conditions on the applicable Service. Your access or continued use of the Services after such publication constitutes your consent to be bound by the Conditions and their modifications.

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The collection and use that we make of personal information in relation to the Services is in accordance with the Taxi App Caller Privacy Policy, available at https://www.taxiappcaller.com/privacy notice . Taxi App Caller may provide a claims processor or an insurer with any necessary information (including your contact information) if there are complaints, disputes or conflicts, which could include an accident, involving you and a third party (including the driver of the company of transport) and such information or data were necessary to resolve the complaint, dispute or conflict.

2. The Services

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The Services constitute a technology platform that allows users of Taxi App Caller mobile applications or web pages provided as part of the Services (each one an “Application”) to organize and plan transportation and / or logistics services with third parties. independent providers of such services, including third-party independent carriers and third-party independent logistics providers, pursuant to an agreement with Taxi App Caller or some Taxi App Caller affiliates (“Third Party Providers”). Unless Taxi App Caller accepts it through a separate written contract with you, the Services are made available only for your personal, non-commercial use.

License.

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Subject to compliance with these Conditions, Taxi App Caller grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license for: (i) access and use of the Applications on your personal device only in relation to your 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. Taxi App Caller and its licensors reserve any right that has not been expressly granted herein.

Restrictions.

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You may not: (i) withdraw any copyright, trademark or other proprietary notices from any part of the Services; (ii) 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 as expressly permitted by Taxi App Caller ; (iii) decompile, reverse engineer, or disassemble the Services, except as permitted by applicable law; (iv) link, reflect 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 (vi) attempt to gain unauthorized access or damage any aspect of the Services or their related systems or networks.

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Provision of services.

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You acknowledge that parts of the Services may be made available under various Taxi App Caller brands or order options associated with transportation or logistics services, including transportation order brands currently referred to as "Taxi App Caller", "Yellow Car" , "Pink Car", "Scale Car", "Coral", "ExCar", and the logistics service order brands currently called "TappcPack" MultiServicios Taxi App Caller "and" SendTappc "" Coral Wash ". Likewise, you acknowledge that the Services may be made available under said brands or order options by or in relation to: (i) certain subsidiaries or affiliates of Taxi App Caller; or (ii) Third-party independent providers, including drivers of transport network companies, holders of a transport letter permit or holders of similar transport permits, authorizations or licenses.

Third-party services and content.

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The Services may be made available or accessible in relation to third-party services and content (including advertising) that Taxi App Caller does not control. You acknowledge that different conditions and privacy policies may apply to the use you make of said third-party services and content. Taxi App Caller does not endorse said third-party services and content and in no case will Taxi App Caller be responsible for any product or service of said third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and / or their corresponding international subsidiaries or affiliates will be third party beneficiaries in this contract if you access the Services using Applications developed for mobile devices with iOS, Android, Microsoft system Windows, respectively. These third party beneficiaries are not part of this contract and are not responsible for the provision or support of the Services in any way. Your access to the Services using these devices is subject to the conditions established in the applicable third-party beneficiary service conditions.

Ownership.

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The Services and all rights related to them are and will remain the property of Taxi App Caller or its licensors. Neither these Conditions nor your use of the Services transfer or grant you any right: (i) on or in relation to the Services, except with respect to the previously granted limited license; or (ii) to use or mention in any way the company names, logos, product and service names, trademarks or service marks of Taxi App Caller or its licensors.

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3. Your use of the Services

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User account.

In order to use most aspects of the Services, you must register and keep active a personal user account of the Services ("Account"). To obtain an Account you must be at least 18 years old, or be the legal age of majority in your jurisdiction (if different from 18 years old). Account registration requires you to provide Taxi App Caller with certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card or a payment partner accepted). You agree to keep the information in your Account accurate, complete and updated. Failure to keep Account information accurate, complete and up-to-date, including having an invalid or expired payment method, may result in your inability to access and use the Services or in the Taxi App Caller's resolution of this Conditions concluded with you. You are responsible for all activity that occurs on your Account and you agree to keep your Account username and password secure and secret at all times. Unless Taxi App Caller allows otherwise in writing, you can only have one Account.

User requirements and conduct.

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The Service is not available for the use of persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under 18 years of age to receive transportation or logistics services from third party providers, unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree 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). In the use of the Services, it will not cause hindrance, inconvenience, discomfort or damage to property, both to the Third party provider and to any other party. In some cases, you may be required to provide an identity document or other identity verification item for access or use of the Services, and you agree that access or use of the Services may be denied if you refuse to provide the identity document or identity verification element.

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Text messages.

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By creating an Account, you agree that the Services may send you informational text messages (SMS) as part of the normal business activity of your use of the Services. You can request not to receive informational text messages (SMS) from Taxi App Caller at any time at the following address contacto@taxiappcaller.com indicating that you do not want to receive such messages, along with the phone number of the mobile device you receive the messages. You acknowledge that requesting non-receipt of informational text messages (SMS) may affect your use of the Services.

Promotional codes.

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Taxi App Caller may, in its sole discretion, create promotional codes that may be exchanged for Account credit or other elements or benefits related to the Services and / or services of a Third-party provider, subject to any additional conditions that Taxi App Caller set on the basis of each promo code ("Promo Codes"). You agree that Promotional Codes: (i) must be used for the intended purpose and audience, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (whether published in a public forum or otherwise), unless with the permission of the Taxi App Caller; (iii) may be invalidated by Taxi App Caller at any time for any reason without liability for Taxi App Caller; (iv) they can be used only in accordance with the specific conditions that Taxi App Caller establishes for said promotional Code; (v) are not valid as cash; and (vi) may expire before you use them. Taxi App Caller reserves the right to withhold or deduct credit or other elements or benefits obtained through the use of the promotional Codes by you or any other user in the event that Taxi App Caller determines or believes that the use or Exchange of the Promotional Codes was in an erroneous, fraudulent, illegal way or in violation of the conditions of the Promotional Code or these Conditions.

Content provided by the User.

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Taxi App Caller may, in its sole discretion, allow you when it deems appropriate, to send, upload, publish or otherwise make available to Taxi App Caller through the Services content and text, audio and / or visual information, including comments and opinions regarding the Services, initiation of requests for support, as well as submission of admissions for competitions and promotions ("User Content"). All User Content provided by you will remain your property. However, by providing User Content to Taxi App Caller, you grant a worldwide license, perpetual, irrevocable, transferable, royalty-free, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, present publicly or otherwise exploit in any way such User Content in all formats and distribution channels, now known or intended in the future (including in connection with the Taxi App Caller's Services and business and on third-party sites and services ), without further notice or consent from you and without requiring payment from you or any other person or entity.

You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or that you have all the rights, licenses, consents and permissions necessary to grant Taxi App Caller the license to User Content as set forth above; and (ii) neither the User Content nor its presentation, loading, publication or otherwise made available of said User Content, nor the use by Taxi App Caller of the User Content as permitted herein, will infringe, misappropriate or will violate the intellectual property or property rights of a third party or the rights of publicity or privacy or will result in the violation of any applicable law or regulation.

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You agree not to provide User Content that is defamatory, slanderous, hateful, violent, obscene, pornographic, illegal or otherwise offensive, as determined by Taxi App Caller, in its sole discretion, whether or not such material may be protected by law. Taxi App Caller may, in 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.

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Access to the network and devices.

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You are responsible for obtaining the necessary data network access to use the Services. The data and message rates and charges of your mobile network may apply if you access or use the Services from a wireless device and you will be responsible for said rates and charges. You are responsible for acquiring and updating the compatible hardware or devices necessary to access and use the Services and Applications and any update thereof. Taxi App Caller does not guarantee that the Services, or any part thereof, will work on any particular hardware or device. In addition, the Services may be subject to malfunctions or delays inherent in the use of the Internet and electronic communications.

4. Payment

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You understand that use of the Services may result in charges for the services or goods you receive from a Third Party Provider ("Charges"). After you have received the services or obtained the goods through the use of the Services, Taxi App Caller will facilitate your payment of the applicable Charges on behalf of the Third party provider as a limited collection agent of the Third party provider. The payment of the Charges in this way will be considered as the payment made directly by you to the Third party provider. The Charges will include applicable taxes when required by law. Charges paid by you are final and non-refundable, unless Taxi App Caller r determines otherwise. You retain the right to request Lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Taxi App Caller will respond accordingly to any request from a Third Party provider to modify the Charges for a service or in particular. Charges may include other applicable fees, tolls and / or surcharges, including application fees, municipal, state or national / federal fees or charges, delay fees, airport surcharges or processing fees for installment payments, among others that are applicable.

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All Charges are payable immediately and payment will be made by Taxi App Caller using the preferred payment method indicated in your Account, and after that Taxi App Caller will send you a receipt by email. If it is determined that your primary Account's payment method has expired, is invalid, or is otherwise useless to bill you, you agree that Taxi App Caller as a third-party limited collection agent, use a secondary payment method on your Account , if available.

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Taxi App Caller, at any time and in its sole discretion, reserves the right to establish, eliminate and / or revise the Charges for any or all of the services or goods obtained through the use of the Services. In addition, you acknowledge and agree that the Charges applicable in certain geographic areas may increase substantially during periods of high demand. Taxi App Caller will use reasonable efforts to inform you of the Fees that may apply, as long as you are responsible for the Fees incurred in your Account, regardless of whether you are aware of such Fees or their amounts. Taxi App Caller may, when it deems appropriate, provide certain users with promotional offers and discounts that may result in the collection of different amounts for these or similar services or goods obtained through the use of the Services, and you agree that said promotional offers and discounts, unless they are also made available to you, will not count towards your use of the Services or Charges applied to you. You may choose to cancel your request for the services or goods of a Third Party Provider at any time prior to the arrival of that Third Party Provider, in which case you may be charged a cancellation fee.

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This payment structure is intended to fully compensate the Third Party provider for the services or goods provided. Except with respect to the taxi transport services requested through the Application, Taxi App Caller does not designate any part of your payment as a tip or gratuity to the Third party provider. Any statement by Taxi App Caller (on the Taxi App Caller website or in Taxi App Caller's marketing materials) that tipping is “voluntary”, “not required”, and / or “ included ”in the payments you make for the services or goods provided is not intended to suggest that Taxi App Caller provides additional amounts, other than those described above, to the Third Party Provider. You understand and agree that, as long as you are free to provide an additional payment as a bonus to any Third Party provider that provides you with services or goods obtained through the Services, you have 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 the Third Party Provider.

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Repair, cleaning fee or charges for forgotten items.

You will be responsible for the cost of the repair for damages or the necessary cleaning of the vehicles and the properties of the Third party provider, that are caused by the use of the Services in your Account that exceed the damages considered normal by "wear and tear" and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party provider reports the need for repair or cleaning, and such repair or cleaning is verified by Taxi App Caller in its reasonable discretion, Taxi App Caller reserves the right to facilitate payment for the reasonable cost of such repair or cleaning on behalf of the Third party supplier using the payment method indicated in your Account. These amounts, as well as those charges for the return of forgotten objects, will be transferred by Taxi App Caller to the corresponding Third party provider and are not refundable.

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The values ​​corresponding to the charges made to you, for cleaning or returning forgotten items, can be found at https://www.taxiappcaller.com/tarifas and may be updated at any time at the discretion of Taxi App Caller

5. Waivers; Limitation of liability; Indemnity.

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RESIGNATION.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". Taxi App Caller DISCLAIMS ALL STATEMENT AND WARRANTY, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY STATED IN THESE CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-VIOLATION. IN ADDITION, Taxi App Caller MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL NOT BE INTERRUPTED. OR THEY WILL BE ERROR FREE. Taxi App Caller DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR SKILL OF THIRD PARTY SUPPLIERS. YOU AGREE THAT ANY RISK ARISING FROM YOUR USE OF THE SERVICES AND ANY SERVICES OR REQUESTED IN CONNECTION WITH THEM WILL BE YOURSELF, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY.

Taxi App Caller SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF DATA, PERSONAL INJURY OR DAMAGE TO PROPERTY, OR IN RELATION TO INJURIES, OR OTHERWISE ARISING FROM ANY USE OF THE SERVICES, EVEN THOUGH Taxi App Caller HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Taxi App Caller SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITIES OR LOSSES ARISING FROM: (I) YOUR USE OR DEPENDENCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF Taxi App Caller WOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Taxi App Caller WILL NOT BE RESPONSIBLE FOR DELAY OR FAILURE TO IMPLEMENT RESULTING FROM CAUSES BEYOND THE REASONABLE CONTROL OF Taxi App Caller. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING REQUESTED TRANSPORTATION SERVICES THROUGH SOME ORDER BRANDS MAY OFFER SHARED CAR SERVICES OR BETWEEN PARTIES (PEER-TO-PEER) AND THEY MAY NOT HAVE LAP. IN NO EVENT SHALL TAXI APP CALLER'S TOTAL LIABILITY TO YOU IN RELATION TO THE SERVICES FOR ALL DAMAGES, LOSSES AND LAWSUITS MAY EXCEED FIVE THOUSAND PESOS ($ 5,000MXN)

YOU MAY USE THE Taxi App Caller SERVICES TO REQUEST AND PLAN TRANSPORTATION SERVICES, GOODS OR LOGISTICS WITH THIRD PARTY SUPPLIERS, BUT YOU ACCEPT THAT Taxi App Caller IS NOT LIABLE TO YOU IN CONNECTION WITH ANY TRANSPORTATION SERVICE, BY YOU. BY THIRD PARTY SUPPLIERS OTHER THAN AS EXPRESSLY ESTABLISHED IN THESE CONDITIONS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 ARE NOT INTENDED TO LIMIT THE LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to hold harmless and accountable to Taxi App Caller and its advisers, directors, employees, and agents for any claims, lawsuits, losses, liabilities, and expenses (including attorney's fees) arising from: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Conditions; (iii) Taxi App Caller's use of your User Content; or (iv) your infringement of the rights of any third party, including third party providers.

6. Applicable law; Arbitration.

Unless otherwise specified herein, these Terms will be governed and interpreted exclusively under the laws of the Netherlands, excluding its conflict of laws rules. The Vienna Convention on Contracts for the International Sale of Goods of 1980 (CISG) will not apply. Any dispute, conflict, claim or controversy, of whatever type, that results from these Conditions or that is largely related to them, including those related to their validity, interpretation and enforceability (any "Dispute"), must be forcibly submitted to mediation procedures under the Mediation Rules of the International Chamber of Commerce (“ICC Mediation Rules”). If said dispute is not resolved within a period of sixty (60) days from the date on which the request for mediation is formalized under the ICC Mediation Regulations, said dispute will be referred to and will be resolved exclusively and definitively by arbitration under the Arbitration Rules of the International Chamber of Commerce (“ICC Arbitration Rules”). The provisions on Expedited Process and the Emergency Arbitrator of the ICC Rules will not apply. The dispute will be resolved by one (1) arbitrator appointed for this purpose under the ICC Rules. The venue for both mediation and arbitration will be Amsterdam, the Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels Regulation (bis OJ EU 2012 L351 / 1) and / or Article 6: 236n of the Dutch Civil Code. The language of mediation and / or arbitration will be English, unless you do not speak English, in which case mediation and / or arbitration will be conducted in English and in your native language. The existence and content of mediation and arbitration procedures, including documents and reports submitted by the parties, ICC correspondence, mediator correspondence and correspondence, requests and awards issued by the sole arbitrator shall remain in Strict confidentiality and must not be disclosed to any third party without the express written consent of the other party, unless: (i) the disclosure to the third party is reasonably necessary to carry out the mediation or arbitration procedure; and (ii) the third party unconditionally agrees in writing to be subject to the obligation of confidentiality stipulated in this document.

7. Other provisions

Claims for copyright infringement.

Claims for copyright infringement should be sent to the designated agent of Taxi App Caller. Visit the Taxi App Caller website at https://www.taxiappcaller.com/terms-and-conditions for designated addresses and additional information.

Notifications.

Taxi App Caller may notify you by means of a general notification on the Services, by means of an email sent to your electronic address in your Account or by written communication sent to your address, as provided in your Account. You can notify Taxi App Caller by written communication to the Taxi App Caller address at Mariano Matamoros 681 Zona Centro Saltillo Coahuila CP 25000

General disposition.

You may not assign or transfer these Conditions, in whole or in part, without the prior written consent of Taxi App Caller. You give your approval to Taxi App Caller to assign or transfer these Conditions, in whole or in part, including: (i) a subsidiary or an affiliate; (ii) an acquirer of the capital, business or assets of Taxi App Caller; or (iii) a successor by merger. There is no joint venture or partner relationship, employment or agency between you, Taxi App Caller or any Third party provider as a result of the contract between you and Taxi App Caller or the use of the Services.

If any provision of these Conditions is considered illegal, null or unenforceable, either in whole or in part, in accordance with any legislation, said provision or part of it will be considered not to be part of these Conditions, although the legality, validity and the enforceability of the rest of the provisions of these Conditions will not be affected. In that case, the parties must replace said illegal, null or unenforceable provision, in whole or in part, with a legal, valid and enforceable provision that has, to the extent possible, an effect similar to that of the illegal provision, null and void. or unenforceable, given the content and purpose of these Conditions. These Conditions constitute the entire contract and the understanding between the parties in relation to the object and substitutes and replaces all previous or contemporaneous contracts or agreements in relation to said object. In these Conditions, the words “included / a / os / as” and “includes / n” mean “included, in a merely illustrative way”.