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GENERAL TERMS AND CONDITIONS OF USE OF THE

INTERMODAL MOBILITY PLATFORM

 

THE PLATFORM AND ITS PURPOSE

FEDA SOLUCIONS, SAU (from now on, “FEDA SOLUCIONS”), domiciled at Avinguda la Bartra, S / N, AD200 Encamp (Principality of Andorra), with company registration number 18,225, with business registration number 929742J and with tax registration number A-713332-L, operates an intermodal mobility platform (hereinafter, “the Platform”).

To be able to use the Platform, its users (from now on, jointly "the Users" and individually "the User") will have to download the MOU_T_B application (from now on, "the App") on a mobile device, or if you prefer, although you will not be able to enjoy all the functionalities of the App due to the limitations of this technology, you will be able to access the services that can be enjoyed from any web browser through the URL https://feda.hafas.cloud/?show=homemenu (hereinafter "the Web-App").

The main purposes of the Platform are, on the one hand, to provide Users with information so that they can plan their journeys in different means of transport, either individually or in combination (hereinafter, "the Information Service"), and on the other hand, to acquire tickets and other titles (from now on, "the Acquisition Service") that will allow them to enjoy trips in different means of transport and/or parking spaces in public and private car parks attached to the Platform , among others (hereinafter collectively "the Products" and individually "the Product"). The list of the Products that are offered at any time through the Acquisition Service, which can only be accessed when registered on the Platform to be able to make the payment or link the subscription cards issued by the Government of Andorra, as well as the related information and, where appropriate, the link to the websites of their providers, can be obtained by clicking here. In any case, the Platform will initially include, progressively, the national bus service, the shared bicycle service, the electric vehicle recharging service on public roads and the barrier car parks and blue zone parks of the Comuns that joined the Platform.

Likewise, the Platform may provide Users who so wish with access to promotions and discounts that may be in the vicinity of their route, and the receipt of proactive reminders (such as the fact that a ticket that is usually acquired in advance has not yet been purchased), or individualized information that the User, always completely voluntarily, has authorized to receive.

Finally, the Platform may provide Users with access to any other application installed on their device (in general, an application licensed by the supplier of the Product that the User wants to consult), autocompleting in said third-party application the data provided by the User in order to save manually re-entering some data into them. This purpose of facilitating access and autocomplete data in the third-party application, is intended to expedite the consultation and purchase of the Products of said third parties that are necessary to achieve any of the purposes mentioned in the previous paragraphs.

Regarding the Acquisition Service, these terms and conditions complete and develop, as long as they do not contradict them, the eventual terms and conditions that may be established for each of the Products that Users may acquire, by the providers of these ―including terms and conditions related to the characteristics and use of the Products, cancellations, service suspensions, claims, and privacy and cookie policies―, all of which will have to be accepted by the Users, and which can be later recalled during the Product acquisition process, in the corresponding electronic purchase order relative to each selected Product (from now on, "the Purchase Order") and, if it is done, also entered into in each of the confirmations of each Purchase Order (hereinafter, "the Purchase Confirmation").

Likewise, we inform you that, for any questions regarding the installation and use of the App and/or the use of the Web-App, and/or the Platform and/or the services it offers, FEDA SOLUCIONS puts at your disposal the contact email moutb@fedasolucions.ad and the contact telephone number +376 775013.

ADHERENCE TO THE TERMS AND CONDITIONS

FEDA SOLUCIONS asks Users to read this document carefully, as well as what is established in the privacy policy of the Platform regarding the download and use of the App, the use of the Web-App (including the use of cookies detailed in its cookie policy [C.P.] ), and the use of the Platform and the services it offers (from now on, jointly, "the Terms and Conditions"). In any case, downloading the App, accessing the Web-App, accessing the Platform and/or using the services it offers, imply full and unreserved adherence to the Terms and Conditions.

For the above, when accessing the Platform, the User declares to have read and understood the provisions of the Terms and Conditions, and he/she agrees to comply with them without reservation.

By registering on the Platform, the User declares to know the Terms and Conditions, accepts them, and agrees to be bound by them in an identical way, for all purposes, to having accepted them in handwriting.

In the event that a potential User does not agree with something established in the Terms and Conditions, he/she should not download the App, or make use of the Web-App, or make any use of the Platform or any service that it offers.

RESERVATION OF THE POWER TO MODIFY THE TERMS AND CONDITIONS

FEDA SOLUCIONS reserves the right to carry out, without prior notice, at any time and with immediate effect, the modifications and periodic updates it deems appropriate in the Terms and Conditions.

Therefore, without prejudice to the fact that FEDA SOLUCIONS may inform Users of these changes by, among other means, notifications through the App and/or email, it recommends that Users review the Terms and Conditions periodically.

INTELLECTUAL PROPERTY, INDUSTRIAL PROPERTY, AND RIGHTS AND POSITIONS OF ANALOGUE ECONOMIC CONTENT, AND USE LICENSE

Definition of the term "content"

When the Terms and Conditions refer to "content", it refers to all the content that makes up the App, the Web-App, the Platform and the services it offers, understood as such, among others, the source code , the design and navigation structure of the App and the Web-App, as well as the distinctive signs, texts, maps, photographs, videos, data, databases and other content that are displayed on the Platform.

Rights and legal positions on content provided by FEDA SOLUCIONS

The content published and provided by FEDA SOLUCIONS, including the App and the Web-App, are subject to copyright, trademark rights, patent rights, image rights and/or other rights or legal positions of similar economic content whose ownership belongs to FEDA SOLUCIONS or to third parties that have granted it the corresponding licenses or authorizations. Thus, the download of the App, the Access to the Web-App, and the use of the Platform and the services it offers, do not confer on the Users any ownership or right of use in relation to the aforementioned contents (intermediating, among others, its reproduction, distribution, public communication, making it available to the public or transformation), unless FEDA SOLUCIONS or the third party holders of the rights or legal positions in question authorize it, either indicating it or expressly allowing it in relation to specific content or through the prior granting of licenses or authorizations formalized in writing.

Consequently, FEDA SOLUCIONS reserves the right to use watermarks, technological devices and/or other means that allow the tracking and/or online monitoring of unauthorized uses of said content. And, in any case, FEDA SOLUCIONS reserves the right to file the corresponding legal actions against Users who infringe the aforementioned copyright, trademark rights, patent rights, image rights and/or other rights or legal positions of analogous economic content.

In the event that any User considers that any of the indicated contents violates their own rights or legal positions and/or those of third parties, he/she can notify FEDA SOLUCIONS through the contact email address indicated in the section "The Platform and its purpose", so that it can analyze and assess the case in question.

License of use

FEDA SOLUCIONS grants Users a free, non-exclusive, personal and non-transferable license to use the App and the Web-App, the platform and the services it offers, as well as the information, data and other content that they contain, by title strictly personal, in accordance with the Terms and Conditions, and in particular, in accordance with the purpose of the Platform and the services it offers (hereinafter, "the License").

Any other exploitation or use of the App, the Web-App, the Platform, the services it offers, and/or the information, data or other content they contain, are explicitly excluded from the scope of the License and it can only be carried out once the prior written authorization of FEDA SOLUCIONS and/or the eventual third owner of the rights and/or legal positions is obtained.

The duration of the License is determined by FEDA SOLUCIONS, all and having the power to revoke it at any time. In this sense, FEDA SOLUCIONS may, temporarily or permanently, interrupt access to the App and/or the Web-App, and therefore to the Platform and the services offered therein, in the event that it is unable or unwilling to continue exploiting the App and/or the Web-App and/or the Platform, without it being necessary for there to be a specific reason for this; In these cases, the User's access to the App and/or the Web-App will be canceled immediately without it requiring any kind of responsibility from FEDA SOLUCIONS.

For their part, Users can stop using the Platform when they wish and for any reason, by uninstalling the App from their mobile device, and/or by stopping using the Web-App.

USE OF THE PLATFORM

The User declares to have the necessary legal capacity to be bound through the Terms and Conditions, which he or she declares to fully understand and accept. Those under 18 years of age, but 12 years of age or older, can download the App and make use of the Web-App, the Platform and the Information Service it offers; However, given that these minors cannot legally be holders of means of payment, they will not be able to use the Acquisition Service and they will only be allowed to link to the App their physical titles issued by the Government of Andorra, in order to have these titles also in digital format. As for these minors, their parents or legal guardians must supervise their activity and take responsibility for the aspects indicated in the Terms and Conditions, especially regarding the possible fraudulent use of the transport tickets, and in the privacy policy.

By downloading the App, accessing the Web-App, and enjoying the Platform and the services it offers, the User agrees, by way of example and not limitation, to the following:

(a) Make use of the App, the Web-App, and the Platform and use the services it offers, in accordance with the Terms and Conditions, as well as in accordance with the provisions of the law, morality, public order, good faith and good manners.

(b) Not contravene property rights, including intellectual and industrial property rights and other rights and/or legal positions of similar economic content, of FEDA SOLUCIONS, its suppliers and/or other third parties.

(c) Not divert or try to divert any functionality of the App, the Web-App, the Platform, or the services it offers, from its normal uses as defined in the Terms and Conditions.

(d) Not to disseminate any data, information and/or other content that has the effect of reducing, interrupting or impeding the normal use of the App, the Web-App, the Platform and/or the services it offers, or interrupting and/or decreasing the normal flow of communications.

(e) Not to place any false or fraudulent Purchase Order. In the event that FEDA SOLUCIONS could notice that the User is placing false or fraudulent orders, it reserves the right to inform the relevant authorities and the suppliers of the Products in question, and to initiate the legal actions it deems appropriate, without prejudice to other legal actions that may correspond to FEDA SOLUCIONS and/or the suppliers of the Products and/or other third parties that may be affected.

Thus, in general, Users have to use the App, the Web-App, the Platform and the services it offers properly, and they do not have to do so to carry out illegal activities that, among others, constitute a crime, violate the rights of other natural or legal persons, or violate in any other way any rule of the applicable legal system.

FEDA SOLUCIONS PRODUCT ACQUISITION SERVICE

Contracting procedure and moment of perfection of the sale contract

In accordance with the provisions of current Andorran legislation regarding contracting in the digital space and consumer protection, FEDA SOLUCIONS informs Users, regarding the sale of Products made by FEDA SOLUCIONS, whether they are its own Products or Products provided by third parties, the following:

1. The procedures to sign the contract for the sale of the Products are, consecutively, the following:

(a) The User will have to select the "Buy" option that appears on the display of the Product that he wishes to purchase.

(b) In the event that it is the first time that a User purchases a Product, he/she will have to register, creating an account, for which he/she will have to follow the instructions he/she receives, which will include the User providing the personal data requested during the process (such as, for example, name and surname, email address and determination of a password), and expressly accept the Terms and Conditions, after which this account will be activated. Once the account is activated, the User will have the information related to it in he/she account profile, in addition to the fact that FEDA SOLUCIONS will also send him/her an email for the definitive confirmation of the activation of this account. If the User’s confirmation by email does not arrive to FEDA SOLUCIONS within 3 days from the moment the account is created, the account will be automatically blocked.

During the creation of his/her account, the User may also preset the means of payment, from among the ones offered, that he wishes to use on a recurring basis to make his/her purchases (including his/her subscription card issued by the Government of Andorra, in case he/she has one), which you can modify whenever you want. In any case, the User will have the means to carry out modifications to the data and information contained in his/her account.

By registering the means of payment, the User declares to be the owner of the card associated with the payment and that it is valid, current and under the User’s control. He/she also declares that it does not appear on any blacklist of a bank.

The use of a card that is not owned by the User will be considered as a fraudulent use, the User being responsible to the cardholder, and to third parties, for the consequences derived from it and guaranteeing the indemnity of FEDA SOLUCIONS in this sense.

(c) Next, the User will have to follow the instructions provided to complete the purchase, which will include, prior to proceeding to payment, a display of the Purchase Order, called "purchase result", with the price duly broken down in accordance with what is required by current legislation at any time. In this regard, all Purchase Orders are subject to the availability that final suppliers of the Products in question could have.

(d) Then, the User will have to check the accuracy of the information on the Purchase Order and the details of his/her order and, if he/she agrees, he/she will finally have to select the option "Pay" and then the option "Authorize Payment”.

The price, when the contracted service has a cost for the User, will be paid exclusively by the means of payment offered by FEDA SOLUCIONS.

Payment will be made through an online payment service to which the same Platform will redirect the User once all the steps have been completed and the User has selected the "Authorize Payment" option.

The service of payment by credit and/or debit card will be directly provided by the entity issuing the card and, where appropriate, the corresponding credit entity. The charge on the User's credit and/or debit card will be simultaneous to the sending of the Purchase Confirmation.

FEDA SOLUCIONS does not collect or know, nor may know to any extent, nor does it store on the User's device, the card data. It will be the same Payment Service Provider (the PSP “Redsys”, with which all the banks of the Principality of Andorra work jointly and which has all the guarantees required for this purpose) who will collect and safely store the User's payment card data in order to avoid entering them each time the User wants to authorize a payment. That is why FEDA SOLUCIONS is excluded from all responsibility in relation to the violation by third parties of the confidentiality and security of the information and data provided by the User when paying for their electronic purchases by credit or debit card when said violations are beyond its control, to the extent that the processing of said information and data is not exclusively under the control of FEDA SOLUCIONS.

When the amount of a purchase is charged fraudulently or improperly, using the number of a payment card, the holder may demand the cancellation of the charge as long as the cancellation has been carried out under the conditions established by the card issuer and/or the credit institution responsible for the credit or debit card, and where appropriate the insurance related to the card in question. In this case, the corresponding indebtedness and reimbursement annotations in the accounts of FEDA SOLUCIONS and of the holder will be made as soon as possible. However, if the purchase was, in fact, made by the holder of the credit or debit card and, therefore, this had unduly demanded the cancellation of the corresponding charge, the User will be obliged before FEDA SOLUCIONS to compensate the damages caused as a result of said cancellation.

(e) Once the payment has been made successfully and the User receives the Purchase Confirmation in the App and/or by email, the contract for the sale of the Product in question will be understood to have been formalized. Both the purchase confirmation and the invoice, which in any case will be issued by FEDA SOLUCIONS and simplified, will be available to the User in his/her account on the Platform. FEDA SOLUCIONS may send the invoice by email when required by the User.

FEDA SOLUCIONS does not intervene in the purchase as a buyer, nor as a seller, as long as it is not the owner of the Product that is acquired, and its liability is limited to that associated with the intermediation between the User and the supplier of the Product.

(f) The delivery of the Product, normally consisting of a ticket and other titles in digital format, which has to allow the User to enjoy trips in different means of transport and/or parking spaces in public and private car parks, as well as Electric Vehicle recharging services, among others, will be carried out by making them available to the User in his/her account on the Platform.

At the time of delivery of the Product, the User will have to verify that it conforms to the provisions of his/her Purchase Order.

In the event that the User identifies that the Product purchased does not comply with the provisions of her Purchase Order, she will have to inform FEDA SOLUCIONS at the time of receipt, so that it may be viable to attempt to correct it.

The risks of the Products will be borne by the User from the moment of delivery. The User will acquire ownership of the Product when FEDA SOLUCIONS receives full payment of its price.

2. The sales contract (that is, the different documents that comprise it, such as, for example, among other possible ones, the Terms and Conditions, the Purchase Order, the Purchase Confirmation and the invoice) may be formalized in Catalan, Spanish, French or English, depending on the language selected by the User. However, the invoice will always be issued in Catalan.

3. The documentation, data and information related to each sale contract will be archived by FEDA SOLUCIONS for 5 years, and may be forwarded by email to the User, upon written request from the User, addressed to the email address indicated in section "The Platform and its purpose” during the aforementioned period of 5 years, after authentication of the User legal interest in this data.

4. The information contained in the Platform, in general, does not constitute a sale offer by FEDA SOLUCIONS, but rather an invitation to the User to make use of the services offered by the Platform and acquire, where appropriate, Products.

There will be no sales contract between FEDA SOLUCIONS and the User in relation to any Product until the Purchase Order has been expressly accepted by FEDA SOLUCIONS, by sending the Purchase Confirmation, and payment has been made correctly. Therefore, it is remembered that the formalization of the sale contract between FEDA SOLUCIONS and the User will only occur when FEDA SOLUCIONS sends the User the Purchase Confirmation and the payment has been made correctly.

If the Purchase Order is not accepted by FEDA SOLUCIONS, and an amount has been charged to the User, it will be immediately refunded in full without any surcharge.

(g) In the case of the purchase of single bus tickets, the tickets issued by the Platform have a maximum validity of 24 hours that is conveniently adjusted around the departure time selected by the User. The virtual ticket thus produced will cease to entitle the User to enjoy the Product during 60 minutes for a Zone 1 ticket, 70 minutes for a Zone 2 ticket, 80 minutes for a Zone 3 ticket and 90 minutes for a Zone 4 ticket, starting at the moment the User uses it for the first time on a bus (Users are advised that this is a bus service term that may change on the Platform if the corresponding terms and conditions of the bus service provider change), or in any case if the said 24 hours of validity of the virtual ticket have elapsed without having been used. The weekly and monthly passes issued by the Platform are valid for 7 and 31 days respectively from the date and time of purchase of the pass.

5. Users can delete their account at any time, requesting it to FEDA SOLUCIONS by the means of contact indicated on this page.

Communications

Any communication between the User and FEDA SOLUCIONS regarding a specific Purchase Order may be carried out, as regards FEDA SOLUCIONES, by the means of contact indicated in the section "The Platform and its purpose", and as regards the Users, by the media that may have been indicated when activating your account.

Claims

The User may submit their claims to FEDA SOLUCIONS by the means of contact indicated in the section "The Platform and its purpose". Likewise, the User may submit their claims to the Trade and Consumer Unit of the Government of Andorra using the form that you will find at this link. This form must be presented in person at the building “Prat del Rull” located on the street “Camí de la Grao”, 4th floor, AD500 Andorra la Vella.

Liability

Unless the contrary is expressly provided in the legislation in force at any time that is applicable, the liability in relation to any Product purchased on the Platform will be limited to the purchase price of the said product, and in no case will FEDA SOLUCIONS be liable for any eventual indirect damages caused to the User, or loss of profit.

Still, all the rights that current Andorran legislation guarantees to consumers are guaranteed.

Notwithstanding the foregoing, when FEDA SOLUCIONS intervenes as an intermediary in the sale of Products owned by other suppliers, any claim related to these Products will have to be addressed to the appropriate third supplier.

Force Majeure

In cases of force majeure, FEDA SOLUCIONS will not be responsible for the damages or losses derived from the breach of the Terms and Conditions, and especially, the delay in the delivery of a Product.

Causes of force majeure include, among others, any act or event, beyond the reasonable control of FEDA SOLUCIONS, of any third-party providers of Products and/or Users, including, but not limited to, incidents on the network. of communications, malfunction or deficiencies that may exist in the operating system or hardware of the User's device, general or sectoral shutdowns that affect the delivery of the Products, lockouts, fires or theft at the FEDA SOLUCIONS facilities and/or third-party providers that affect the Products, political and economic disorders, health emergencies, epidemics and pandemics, or other situations of instability that affect security and the impossibility of respecting the Terms and Conditions.

NEWSLETTERS

In the case of being a registered User, if you access your account, you may have a section called "Newsletter Subscriptions" that allows you to subscribe or unsubscribe to commercial information related to the Products. By registering for the newsletters, the User expressly consents to the sending of this commercial information and, in any case, may unsubscribe at any time through his/her account, or by clicking on the link that appears at the bottom of each communication issued for this purpose.

RIGHT OF EXCLUSION

FEDA SOLUCIONS reserves the right to deny or suspend, without prior notice and in a discretionary manner, at any time and definitively or temporarily, access to the App and/or the Web-App, and therefore to the Platform and the services that it offers, to Users who breach the Terms and Conditions. This power of FEDA SOLUCIONS is without the right to any compensation for damages by the Users and without prejudice to any legal actions that FEDA SOLUCIONS may initiate against the User.

DELETING USER ACCOUNT

Users can delete their account at any time, requesting it from FEDA SOLUCIONS through the means of contact indicated on this page.

RESPONSIBILITY

Responsibility of the Users

Users will use the App, the Web-App, the Platform, and the services it offers, under their whole and sole responsibility.

All devices and operating systems, among other technological means, that Users use to access the App, the Web-App, the Platform, and the services it offers, are their sole responsibility. Therefore, it is the responsibility of the Users to take all the appropriate and necessary measures to protect their own devices, operating systems and the like, from, among others, being contaminated by eventual malicious software.

The operations that are carried out from a User's account will be understood to be executed by him/her, therefore, in general, they cannot be revoked. In the event of loss of the device in which the User is, or may suspect that he/she is, registered on the Platform (either through the App or the Web-App), the User is responsible for immediately notifying FEDA SOLUCIONS of said loss, through the means of communication indicated in the section "the platform and its purpose", to the effect that FEDA SOLUCIONS can force the unlinking of the User's account with any device that is linked at the time in which FEDA SOLUCIONS gives course at the User's request, and thus eliminate the risk that third parties may acquire Products in the User's name using the lost device.

FEDA SOLUCIONS may allow the connection with other third-party applications downloaded to the User's device (in general, applications of the suppliers of the Products themselves, and the map on which your location, points of interest, and possible routes are displayed, among others). In these cases, the User and/or the provider of the third party application are solely responsible for the operation of these applications, and for the use of these according to the terms and conditions established by the third owner of this software.

Responsibility of FEDA SOLUCIONS

FEDA SOLUCIOS is not responsible for damages or other consequences arising from:

- The unavailability of the App, the Web-App, the Platform and/or the services it offers for technical, security, control, update or maintenance reasons, or due to errors due to servers or third-party intermediaries or providers.

- The lack of precision of the estimates that the Platform makes from the data provided by the service provider when these data are not sufficiently accurate or said provider does not provide them with the agreed frequency.

- The final availability of the Product contracted through the platform. FEDA SOLUCIONS cannot guarantee the availability of any Product nor it is responsible in any way for this, so for any claim with respect to, for example, a change, incidence or disruption in the service that may affect its enjoyment by the User, the User will have to go directly to the final supplier of the Product.

- Computer programs, malicious software or other elements that are beyond your control.

- Information, data and/or other content that is displayed on the Platform and has been provided to FEDA SOLUCIONS by third parties. Likewise, the User acknowledges and accepts that FEDA SOLUCIONS is not responsible for the lack of quality, reliability, accuracy and veracity of the information, data and/or other content provided by third party suppliers of Products, nor for the lack of quality and/or lack of conformity and/or non-provision of services and/or conflicts with the guarantee of the Products provided by these third-party providers; In these cases, FEDA SOLUCIONS is not responsible in any case, including the case in which it carries out the sale as an intermediary of Products from third-party suppliers, as already indicated in the sub-section of "responsibility” included in section "FEDA SOLUCIONS product acquisition service”.

- Loss of information caused by the theft, loss or breakdown of the User's device used to access the Platform.

- Violations and/or breaches committed by the User, external to the App, the Web-app and the Platform. The management of these infractions and/or breaches is carried out in accordance with the provisions of the applicable regulations according to the Public Administration in question, and/or with the provisions of the terms and conditions established by the service providers concerned. Consequently, FEDA SOLUCIONS is not responsible, nor will it have powers, in claiming possible sanctions and/or other responsibilities associated with said infractions and/or breaches.

Likewise, the Platform may include links, directories or even search tools that allow Users to access other websites (hereinafter, jointly "Linked Sites" and individually "Linked Site"), such as websites of Third Party Suppliers of Products. The User acknowledges and accepts that access to the Linked Sites will be at their sole risk and responsibility and exonerates FEDA SOLUCIONS from any responsibility for, among others, eventual violations of rights or legal positions of third parties, the technical availability of the Linked Sites, the quality, reliability, accuracy and veracity of the information, data and other content provided in these, and the quality and/or eventual lack of conformity and/or non-supply and/or guarantee of the Products acquired through them. In this regard, if the User considers that there is a Linked Site with illegal or inappropriate content, and/or that offers information and/or Products without sufficient guarantees, he/she can notify FEDA SOLUCIONS so that it can assess and analyze the User’s notification, without any of these communications implying for FEDA SOLUCIONS the obligation to withdraw said link.

FEDA SOLUCIONS may, temporarily or permanently, interrupt access to the App and/or the Web-App, and therefore to the Platform and the services it offers, in the event that it is unable or simply does not want to continue operating the Platform; In these cases, the User's access will be canceled immediately without him/her requiring any kind of responsibility from FEDA SOLUCIONS.

Likewise, FEDA SOLUCIONS reserves the right, at any time and without prior notice to Users, to modify any data, information or other content on the Platform, to update or correct errors or inaccuracies, as well as to update the App and/or the Web-App and carry out tasks related to its maintenance.

As long as it does not contradict the provisions of the applicable legislation, in the event that, despite the above limitation of liability, FEDA SOLUCIONS was eventually held liable for damages, the liability of FEDA SOLUCIONS will be limited to damages that are certain, real and concrete.

In cases of force majeure, FEDA SOLUCIONS is not responsible for damages or losses arising from breach of the Terms and Conditions. Causes of force majeure include, among others, any act or event, beyond the reasonable control of FEDA SOLUCIONS, of any third party suppliers of Products and/or Users, including, but not limited to, general or sectoral shutdowns that affect the delivery of the Products, lockouts, fires or theft at the facilities of FEDA SOLUCIONS and/or third-party providers that affect the Products, political or economic disorders, health emergencies, epidemics and pandemics, or other instability situations that affect security and the impossibility of respecting the Terms and Conditions.

In any case, FEDA SOLUCIONS is not responsible for damages or other consequences arising from non-compliance with the Terms and Conditions by the Users.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS BY FEDA SOLUCIONS

The User accepts that FEDA SOLUCIONS may assign or transfer in any way all or part of its rights and obligations in relation to the operation of the Platform, including its rights and obligations towards Users, to any entity capable of carrying out this operation.

In this case, the assignee will replace FEDA SOLUCIONS and the latter will be released from all its obligations with the User from the date of the assignment; Thus, the User accepts that, if this assumption occurs, the assignee will become his/her provider of the Platform from the aforementioned date.

PARTIAL NULLITY

If any provision included in the Terms and Conditions is declared null and void by a final resolution issued by a competent authority, the rest of the provisions will remain in force, without being affected by said declaration of nullity.

APPLICABLE LEGISLATION AND JURISDICTION

The Terms and Conditions will be governed by Andorran law.

The Users submit to the jurisdiction of the Andorran civil ordinance, expressly waiving any other jurisdiction that, in accordance with the Law, may correspond to them.

The foregoing is without prejudice to the fact that, due to the consumer’s condition of a User, other legislation and/or jurisdiction may be applicable due to legal requirements.

Last update: 16 of November 2020