These terms and conditions of use are made available to the user of the aborda.mx project, developed by the company Tack S&C, S.A. de C.V. a company duly constituted in accordance with the laws of Mexico with address at Lago Alberto 442, Anahuac I Secc, Miguel Hidalgo C.P. 11320, Mexico City, Mexico. From now on, the term ABORDA will be used to refer interchangeably to both the project and the company.

ABORDA provides the intermediation service to organize and plan online the direct contracting of transportation by car or van, whether individual or shared, between authorized drivers and applicants for the transportation service (hereinafter referred to as the “Services”) in the ABORDA apps, ABORDA-enabled phones and ABORDA websites. The user who accesses, browses or uses the ABORDA Driver app or the ABORDA websites as a driver (offering authorized passenger transportation services), will hereinafter be referred to as the “Driver”, who declares that he or she is understanding and accepting these Terms and Conditions, and expressly declares its acceptance, using for this purpose electronic means, in terms of the provisions of article 1803 and 1834 bis of the Federal Civil Code, 80, 81, 89 and other relative and applicable Code of Commerce and other relative and applicable legislation. The user who accesses, browses or uses the ABORDA Passenger app or uses the telephones enabled by ABORDA or uses the ABORDA websites as a requester for transportation service or makes use of the telephone lines provided by ABORDA for said request, will be called hereinafter as the “Passenger”. The Passenger whose designation is proposed to the Driver through ABORDA Driver will be referred to hereinafter as the “Designated Passenger”.

The Driver will be subject to these Terms and Conditions of ABORDA Driver (hereinafter referred to as “Terms and Conditions”).

There is no employment relationship, direct or indirect, between ABORDA and the Drivers, so the laws, regulations and other legal norms regarding labor or social security, such as the Labor Law, Social Security Law, will not be applicable.

Before using ABORDA Driver, read these Terms and Conditions carefully. The Driver will not be able to access or use the Services until he or she provides all the required information and documents, approved by ABORDA, and is bound by these Terms and Conditions.

If the Driver chooses and uses the Services, the Driver will be deemed to have read and accepted each and every one of the provisions set forth herein and agrees that these Terms and Conditions are binding on the Driver and ABORDA. The Driver will observe the following terms in good faith when using ABORDA Driver.

These Terms and Conditions are applicable to all ABORDA Driver users or browsers and are subject to modification at any time as a result of adjustments to commercial policies. The Driver must frequently visit the ABORDA website and the ABORDA Driver application to stay up to date with the terms that are in force. Likewise, in these cases, ABORDA will notify said modifications through ABORDA Driver, and it is the responsibility of the Driver to ensure that they are aware of such modifications duly notified by ABORDA.

The notifications, terms or other requirements expressly specified or integrated in the ABORDA web pages and/or in ABORDA Driver will form an integral part of these Terms and Conditions, certain parts of the terms may be replaced by those notices or notifications communicated or integrated in the ABORDA web pages and/or ABORDA Driver.

By accepting the Terms and Conditions, the Driver agrees that he has also carefully read and accepted said communications. As long as the Driver continues to use the services of ABORDA or ABORDA Driver, the Driver will be deemed to have tacitly accepted the updated and current Terms and Conditions.

These updated Terms and Conditions expressly nullify any previous agreement or arrangement that ABORDA has entered into with the Driver for the use of ABORDA Driver, the ABORDA websites and the Services. ABORDA may immediately terminate these Terms and Conditions or any Service with respect to the Driver, or in general, may stop offering or deny access to the Services or any part thereof, if ABORDA considers that the Driver has incurred any breach of the applicable regulations as well as these Terms and Conditions, without the need for a judicial declaration and without any responsibility on your part.

Likewise, ABORDA reserves the right to refuse to provide the Services to the Driver or deny the Driver the use of the ABORDA websites, Services, or ABORDA applications, at any time and without the need to justify such a decision.

1. Driver Registration

To use the Services, the Driver must first provide personal information through the channels that ABORDA indicates and download the ABORDA Driver app, install it on their mobile device and successfully complete the registration process. When registering, the Driver must ensure that all information provided is accurate, complete, and valid.

The Driver acknowledges and agrees that once the Driver is a registered user of ABORDA Driver, the Driver’s service account will be opened by default. The default username and password must be the same for the Driver’s ABORDA Driver account.

The Driver must have full legal and exercise capacity in accordance with the provisions of the Federal Civil Code. A person under 18 years of age or who does not have full legal and exercise capacity may not be a Driver.

2. Services

The Driver acknowledges that ABORDA does not provide transportation, logistics, messaging or mobility services and that the Driver’s ability to come into contact with a Passenger for the provision of the Services through ABORDA Driver does not constitute ABORDA as a transportation service provider, nor in a mobility operator, and that said services will be provided by the Driver without him being an employee of ABORDA.

Passengers, users, and companies may contract public (concessional) or private (individual or shared) transportation services through ABORDA or companies affiliated with ABORDA. Through the Services, Designated Passengers may contract a transportation service provided by independent Drivers who obtain information about the requests through ABORDA Driver. Through ABORDA Driver, Drivers can enjoy the Services, including, among others, obtaining information on Designated Passenger requests, as well as managing the income derived from the transportation service they provide, through the fare collection service. and distribution of ABORDA.

Drivers may provide transportation services to Designated Passengers. During the trip waiting period, the Driver may obtain information. For example, according to offline and online information (real time) and efficient offline resource allocation through Big Data analysis, ABORDA Driver will send the most suitable trip information to the Driver. The transportation service provided by the Driver to the Designated Passenger begins once the Driver accepts the request through ABORDA Driver and will end when the Designated Passenger or the last Designated Passenger (in cases of shared trips) disembarks from the vehicle (in the case of shared trips). (hereinafter referred to as the “Travel Period”). During the Travel Period, the Driver will be responsible for the transportation service provided independently (contracted through ABORDA Driver) and will be responsible for any non-compliance or damage generated to the Passenger, ABORDA or any third party.

The Driver may upload information related to the vehicles he owns or has legal possession of, and that he has registered with ABORDA (hereinafter referred to as the “Registered Vehicle”).

The Driver will not publish or reveal the personal data of the Passenger to which he has had access when providing transportation services through the ABORDA Driver platform, except in accordance with the provisions of the Terms and Conditions and the applicable legislation.

To use the Services, the Driver must submit certain personal information to ABORDA. The Driver undertakes to keep the personal information required by ABORDA Driver in an accurate, complete and updated manner. If you do not comply with this obligation, the Driver may be prevented from accessing or using the Services.

3. Agreements and Guarantees

The Drivers will comply with the following standards for contracting transportation services:

• They will comply with any mandatory requirement to be a qualified Driver, established by any applicable law, regulation or administrative provision or requirement established by ABORDA;
• Will have a good driving record;
• They will speak Spanish like the average Spanish speaker;
• Understanding foreign languages for simple conversations is recommended but not essential;
• They will have a certificate of no criminal record, in accordance with the applicable legal provisions;
• They will not have a history of risky driving;
• They will not have a history of driving while intoxicated or under the influence of psychotropic and/or narcotic drugs;
• They will not have a history of illnesses that could put the safety of the Driver or the Driver at risk. The following is a list of illnesses or acts that could put the safety of the Passengers and the Driver himself at risk: Organic heart disease; Epilepsy; Meniere’s syndrome; Vertigo; Hysteria; Parkinson’s disease; Psychopathies; Dementia and diseases of the nervous system that affect the use of the extremities; Cognitive effects derived from the consumption by any means of psychoactive drugs or psychotropic drugs that can create dependence. This situation implies a greater risk when it occurs over prolonged periods, involves conditions of addiction and is not treated in a way that completely eliminates dependence and the effects of the use of said substances; Other diseases (including infectious diseases) that prevent safe driving (such as tuberculosis, mumps, and other infectious diseases spread through the air or droplets), and
• Any other conditions provided for in the laws, regulations and any other applicable legal provision.

In relation to the Registered Vehicle, the following must be complied with:

• Drivers must have legal possession of the Registered Vehicles, as well as be legally able to drive and use them;
• The vehicle will not have been involved in a major road accident nor will it have been flooded or completely submerged in water;
• The vehicle will be clean, without damage or scratches
• The seats will be clean and operate in accordance with applicable legal provisions;
• The vehicle license plate must be clear;
• The vehicle must not have any modification or decoration (with spray paint), nor may it have manual radio speakers;
• The vehicle must not have advertising decals, accessories, flags or other decorations without the authorization of ABORDA;
• The lights will work properly;
• The instrument buttons can be used correctly;
• The certificates and parts of the vehicle will be complete, if applicable, including the mandatory insurance announcement, vehicle verification certificate or certificate, vehicle inspection mark, driver’s license, maintenance manual, tool kit, fire extinguisher, jack , spare tire, cigarette lighter and floor mats; and
• Any other aspect provided for in the laws and regulations

ABORDA will not be responsible for any loss or damage when a Passenger requests a Designated Driver to transport only items, without the Passenger traveling in the vehicle, and said Driver accepts the request, since ABORDA cannot guarantee that said items will not be damaged by the Designated Driver or any third party when the items are transported. If the Passenger orders the Driver to send goods for the Passenger, the order will be considered a private conduct and a private agreement between Passenger and Driver, the Passenger expressly accepting that in the event of any claim related to the transported items, he must direct it directly against the Driver since he is the one who is directly providing the transportation service of said items.

The Driver will use the Services only for personal use and will not be able to access them to obtain commercial or business intelligence for his own benefit or that of third parties.

The Driver grants his express consent through electronic means to ABORDA Driver so that the latter processes his personal information in accordance with the provisions of these Terms and Conditions and its Privacy Notice. Therefore, the Driver is responsible for the veracity and reliability of said information. In the event that the Driver decides to send personal information through the means provided for this purpose, the Driver, based on the provisions of article 76 BIS of the Federal Consumer Protection Law, grants his express consent electronically, for ABORDA Driver to share your information with third parties. Likewise, the Driver declares that he is not registered in the Public Registry of Consumers of the Federal Consumer Prosecutor’s Office, and if he is registered therein, for the purposes of the provisions of articles 16, 18 and 18bis of the Federal Law of Consumer Protection, the Driver, in this act, grants his express consent and acceptance to receive information of a marketing or advertising nature or purpose.

Likewise, the Driver authorizes ABORDA, in the broadest way legally applicable, to use personal information to: (1) resolve controversies or disputes related to ABORDA Driver and violations of these Terms and Conditions; (2) to enable ABORDA Driver to operate correctly; and (3) in cases where the law requires it, the Driver authorizes ABORDA Driver, in the broadest way that is legally appropriate, as well as suppliers and advisors and other third parties with whom he contracts, to use personal information and information. aggregate information of the Driver (including, without limitation, information on the number of times he has viewed and/or entered links to other sites or electronic pages through advertisements and other information published on ABORDA Driver. Likewise, in In cases in which the Driver wants to revoke his consent for the processing of his personal information by ABORDA for the sending of information for marketing or advertising purposes, he must follow the procedure established in the ABORDA Driver Privacy Notice.

It is the Driver’s obligation to keep the software and hardware of his mobile phone updated in order to meet the operating requirements of ABORDA Driver. ABORDA is not responsible for any problems that may arise when the Driver uses any outdated version of ABORDA Driver or uses ABORDA Driver on a mobile device that does not meet the requirements of ABORDA Driver. The Driver accepts that ABORDA may update the software or hardware requirements of the mobile phone for the use of ABORDA Driver at any time.

By using the Services, the Driver agrees to the following:

• The Driver will use the Services or ABORDA Driver in good faith;
• The Driver will use the Services or ABORDA Driver only for personal use and will not transfer them to any third party;
• The Driver will not use the Services or ABORDA Driver for the development of illegal conduct; The Driver will not use the Services or ABORDA Driver to harm third parties;
• The Driver will not use the Services or ABORDA Driver to affect the normal operation of the ABORDA platforms, any third party or the telecommunications networks;
• The Driver will not attempt to damage the Services or ABORDA Driver, and
• The Driver will comply with all applicable legal provisions in the country, state, municipality or mayor’s office in which the Driver uses the Services.

4. Travel Fee and Service Charge

ABORDA has a mechanism for calculating the compensation corresponding to the transportation service that the Driver provides to the Passengers, which works through an algorithm that uses, as factors, a request fee, base rate, traffic, travel time. trip and the distance of the trip, as well as the corresponding legislation and any application of promotions or discounts that ABORDA may carry out or cancel at its sole discretion (hereinafter the “Travel Fee”), which the Passenger must pay to the Driver through the ABORDA platform or directly to the Driver, which works integrated with ABORDA Driver. The Driver may grant Passengers discounts and/or promotions, therefore authorizing ABORDA to apply said discounts through the platform.

For its part, ABORDA may charge the Driver, as a charge for the Services, a fixed fee or a percentage of the Cooperation Fee (hereinafter “Service Charge”), which is notified to the Driver through the application. and it is updated regularly.

The Driver authorizes ABORDA to offset the amounts of Service Charge and other concepts owed by the Driver, either to ABORDA or to third parties, against the Travel Fees covered by Passengers in favor of the Driver for the transportation services that he has provided. to said Passengers.

The Driver acknowledges and accepts that he will be responsible for the payment of taxes and other contributions applicable to the provision of the transportation service and the income derived from it, or from any other activity, including, but not limited to, the Value Added Tax. and Income Tax, if applicable, as well as the presentation of the corresponding declarations that are required of the Driver. Likewise, for these purposes, the Driver grants his authorization so that, in accordance with the applicable legal provisions and any agreement with the competent tax authorities, ABORDA carries out the withholding of taxes and other contributions due by the Driver and pays them to the tax authority, in the manner and terms defined by it.

The Driver authorizes ABORDA to cover the balances in favor of the Driver through the application, either directly or through a third party, with the periodicity determined by ABORDA in an extraordinary manner, when appropriate.

The Driver expressly agrees that ABORDA may withhold, discount, offset, suspend, counterclaim or request the return of any part or the entire amount of payments that may be or have been received by the Driver, in the event of improper acts (as defined below) committed by the Driver, in relation to the provision of transportation or mobility services, the use of the ABORDA Driver application, or any of its components, reward programs, tools, payment methods, among others. ABORDA will carry out such withholdings, discounts, compensations, suspensions, counterclaims or refund requests according to its internal policies and based on the result of the investigations carried out by ABORDA, regardless of the additional measures and sanctions that may be taken according to the applicable legislation.

The Driver acknowledges and accepts that each and every one of the tax receipts that the Passenger requires for the transportation services he or she provides, will be issued by the Driver himself (in accordance with the applicable laws and regulations), and recognizes that he will be jointly and severally responsible for the issuance of tax receipts that meet the tax requirements applicable in Mexico.

Notwithstanding the foregoing, ABORDA may, directly or through a third party, assist the Drivers in issuing tax receipts, under the terms described in the following paragraph.

The Driver acknowledges and accepts that ABORDA may assist in the issuance of tax receipts that the Driver himself is obliged to issue in accordance with the applicable legal provisions. The Driver acknowledges that said assistance may consist of the issuance of said tax receipts by ABORDA, or any third party designated by ABORDA for such purposes, in the name and on behalf of the Driver, in the terms of rule 2.7.1.3 of the Miscellaneous Tax Resolution for 2019 (or any provision that replaces it), or through any other mechanism that ABORDA considers appropriate. The Driver acknowledges that neither ABORDA nor any third party designated by ABORDA for said purpose, will be responsible for the issuance of the tax receipts derived from the application of said rule required by the Passengers, for the transportation services provided by the Driver. Neither ABORDA nor any third party designated by ABORDA for such purposes will be responsible for any error or failure in the issuance of the corresponding tax receipts.

The Driver accepts and acknowledges that during the Driver’s registration process in the ABORDA Driver application, the Driver must provide the necessary information to determine the billing structure that will be applicable to the Driver, and the applicable terms and conditions.

• Billing

It will be applicable to the Driver who, during the registration process in the ABORDA Driver application, provides his complete tax information, including his Federal Taxpayer Registry (“RFC”) and his Digital Signature Certificate or (“CSD”).

ABORDA will validate the Driver’s RFC to determine if the RFC is active or inactive. If the RFC is inactive, ABORDA, through the ABORDA Driver application, will notify the Driver of this situation.

If the Driver’s RFC is active and the Driver provides the corresponding CSD, the Driver accepts and acknowledges the terms of the Billing Services Agreement between the Driver and the Third Party designated by ABORDA (“Authorized Third Party“), pursuant to which the Authorized Third Party will process the invoices on behalf of the Driver with its CSD and its own RFC. In this case, the Driver is obliged to keep the CSD valid and renew it in accordance with current tax regulations.

If the Driver’s CSD is not current or is not valid, the Driver is obliged to update and provide the new CSD to ABORDA, if not updated, it will be considered that the Driver agreed to change to the Billing option in name of the Driver by a third party.

The Driver undertakes to process, under his entire and exclusive responsibility and for a single occasion, a CFDI with his CSD and his RFC for an amount of $1.00 (one peso 00/100 national currency), either personally or through a third, as well as its corresponding cancellation.

The Driver authorizes that for the purposes indicated in the previous paragraph, the third party may be designated by ABORDA. The purpose of the issuance of said CFDI will be to validate that the Driver will be able to issue the CFDIs corresponding to the trips for the service provided.

The Driver expressly authorizes ABORDA to withhold the fees that will be paid to the Authorized Third Party for its billing and/or CFDI processing services, and to pay those on behalf of the Driver to the Authorized Third Party.

The Driver agrees that ABORDA may, in its sole discretion, absorb payment of the Authorized Third Party’s fares on behalf of the Driver, as a temporary incentive. ABORDA may decide to stop absorbing the payment of these fees at any time it deems appropriate.

The Driver agrees, for all legal purposes, that ABORDA will not be a party to the Billing Services Agreement. In this sense, ABORDA’s participation consists of allowing the Driver to accept the terms of the Billing Services Agreement. The Authorized Third Party will be solely obligated and responsible for its actions under the Billing Services Agreement and, therefore, ABORDA will not be responsible in any way or jointly for such obligations of the Authorized Third Party.

For the purposes of issuing the tax receipt, the Driver is obliged to keep his Tax Status Certificate updated and inform ABORDA of any changes therein; It will be the responsibility of the Driver to comply with his tax obligations.

• Billing on behalf of the Driver

It will be applicable to the Driver who during the registration process in the ABORDA Driver application did not provide his complete tax information, either because:

• You do not have a Federal Taxpayer Registry (“RFC”) or Digital Signature Certificate or “CSD”);
• You have not provided a valid CSD to the Authorized Third Party;
• Your CSD is not current, or
• Does not meet any other requirement to issue

For these cases the following options would be applicable:

1. The Driver does not have an RFC, or does not provide it to ABORDA during the registration process. In this case, since during the registration process the Driver provided his Unique Population Registration Code (“CURP”), the Driver expressly authorizes ABORDA or any other third party to register the Driver in the Tax Administration Service (“SAT”). ), using the Driver’s CURP, so that the Driver can obtain his RFC and, therefore, can comply with his tax obligations in Mexico.
2. The Driver does not provide a valid and current CSD. In this case, the Driver already has an RFC, which was provided to ABORDA, but does not have the CSD to issue invoices.

For the two previous scenarios, the Driver accepts and acknowledges his acceptance of the terms of the following agreements: Commercial Commission Contract, between the Driver and the issuer of invoices on behalf of the Driver (“Issuer”), according to which the Issuer will act as a commission agent of the Driver for the issuance of invoices on behalf of the Driver and Billing Services Contract, between the Driver and the Authorized Third Party, according to which the Authorized Third Party will process the invoices in the name and under the name of the Issuer, which in turn will issue the invoices on behalf of the Driver.

In these scenarios, the Issuer will invoice the Passengers, in the name and on behalf of the Driver, in its capacity as commission agent in the Commercial Commission Contract, with the understanding that the Authorized Third Party will continue to be the party responsible for processing the invoices, Therefore, the Driver accepts the terms of both agreements, the Commercial Commission Agreement and the Billing Services Agreement.

The Driver authorizes ABORDA to withhold the fees that will be paid to the Issuer and the Authorized Third Party for its billing services and commissions, and to pay them on behalf of the Driver to the Issuer and the Authorized Third Party.

The Driver agrees that ABORDA may, in its sole discretion, absorb payment of fares to the Authorized Third Party and the Issuer on behalf of the Driver, as an incentive. ABORDA may decide to stop absorbing the payment of these fees at any time it deems appropriate.

The Driver agrees, for all legal purposes, that ABORDA will not be a party to the Billing Services Agreement or the Commercial Commission Agreement. In this sense, ABORDA’s participation consists of allowing Drivers to accept the terms of the Commercial Commission Agreement and the Billing Services Agreement, by making those terms known at the request of the Driver to ABORDA. The Authorized Third Party and the Issuer will be solely responsible for their obligations under the Billing Services Agreement and under the Trade Commission Agreement, and, therefore, ABORDA will not be responsible for such obligations of the Authorized Third Party or the Issuer.

• Toll roads

As set forth in the Billing Services Agreement and the Commercial Commission Agreement referred to above, any additional service fees, fees, repair or cleaning fees, or toll road fees that Chauffeur may incur during the provision of service transportation provided by the Driver, must be invoiced in accordance with the agreements executed by the Driver and the Authorized Third Party or the Issuer.

With respect to toll road rates, the Driver expressly authorizes ABORDA to: (i) pay on behalf of the Driver the corresponding amounts derived from the toll roads of any specific trip, and (ii) charge the Passengers the number of those toll roads.

Telecommunications operators and not ABORDA will provide and charge for telecommunications services and related charges, which may be incurred when using ABORDA Driver.

The Driver expressly accepts that ABORDA may withhold, discount, compensate, suspend, reschedule or request the return of any part or the entire amount of payments that may be or have been received by the Driver, in the event of fraudulent or improper acts ( as defined below) committed by the Driver, in relation to the provision of mobility or logistics services, the use of the ABORDA Driver application, or any of its components, promotions, tools, payment methods, among others. ABORDA will carry out such withholdings, discounts, compensations, suspensions, counterclaims or refund requests according to its internal policies and based on the result of the investigations carried out by ABORDA, regardless of the additional measures and sanctions that may be taken according to the applicable legislation.

5. Service Guarantee

When the Driver accepts a request to provide the transportation service, the Driver will be responsible for the quality of the transportation service and for ensuring safe driving conditions in accordance with the provisions of the Terms and Conditions and the legal provisions applicable in his/her country. jurisdiction.

In the event that, due to causes attributable to the Driver, a third party suffers any damage or injury, the Driver will cover the corresponding compensation. In the event that the Driver is guilty of any damage or grievance or that his failure to comply with these Terms and Conditions causes any loss to ABORDA, ABORDA will have the right to claim compensation from the Driver.

The Driver acknowledges that there is no employment or subordinate relationship between the Driver and ABORDA or any of its affiliates, and that the Driver independently provides the private transportation services for which he uses the ABORDA Services, to which they are applicable. these Terms and Conditions and current civil and commercial legislation.

6. Driver’s Liability for Non-Compliance

The Chauffeur will provide the private transportation service to the Designated Passenger in accordance with the agreed service standards and the legal provisions applicable in the locality or localities in which the Chauffeur provides such service.

The Chauffeur will provide the Services to the Designated Passenger in accordance with agreed standards and applicable laws in the Chauffeur Partner’s jurisdiction. It will be understood that the Driver does not provide the Services to the Designated Passenger in good faith, when he incurs in any of the following cases (hereinafter referred to as “Improper Act”):

• The declaration of any inaccurate or incomplete information;
• Drop off the designated passenger before the conclusion of the trip;
• Intentionally deviating from the determined route, without justification;
• Charge additional or different fees than the established one or illegally;
• Take action against the designated passenger who has complained about the quality of their transportation service or made an unsatisfactory comment about said service.

If the Driver performs an Improper Act, the Driver will be considered to have breached these Terms and Conditions, regardless of whether the Designated Passenger has filed a complaint or not, ABORDA may, in its sole discretion, take such measures as it deems appropriate, including without limitation, terminate these Terms and Conditions with the Driver and stop providing Services to the Driver, as the case may require. ABORDA will have the right to demand that the Driver pay the corresponding compensation for the loss caused by virtue of the Improper Act.

It will also be considered an Improper Act if, after accepting the request, the Driver cancels the trip, refuses to provide his transportation services to the Designated Passenger or incites or forces the Designated Passenger to cancel the request (hereinafter referred to as the “ Cancellation after Accepting a Request“), unless the Designated Passenger puts the Driver at risk or the safety of the vehicle is not adequate to provide the transportation service or any other legitimate cause based on the legal provisions applicable in the locality in which the Driver provide private transportation services The Driver agrees and authorizes ABORDA to know and follow up on the information related to the Cancellation after Accepting a Request. A Cancellation after Accepting an Unjustified Request will be classified at the sole discretion of ABORDA and will be considered a breach of these Terms and Conditions.

If the Driver breaches any contract entered into with ABORDA, ABORDA may, at its sole discretion, terminate the cooperation with the Driver and his/her access to the ABORDA Driver platform.

The Driver agrees to indemnify ABORDA and ABORDA’s officers, directors and employees immediately upon demand, for all claims, liabilities, damages, costs and expenses, including attorneys’ fees, arising from any breach of these Terms and Conditions on the part of the Driver or any other responsibilities arising from the use of ABORDA Driver by the Driver.

If the Registered Vehicle does not match the registered information, including false plates, invalid insurance policy, false vehicle brand, the Driver will pay ABORDA a conventional penalty of MXP $3,000. 00 (three thousand pesos 00/100 M.N.), without prejudice to the fact that ABORDA may terminate the cooperation with the Driver and his access to the ABORDA Driver platform, ceasing to provide Services to the Driver.

ABORDA will have the right to claim compensation from the Driver for the damages caused.

7. Driver’s Liability for Deception

ABORDA opposes any conduct aimed at obtaining financial incentives or other benefits through any form of deceptive behavior or transfer that may violate applicable laws and regulations. The Driver will assume responsibilities for such deceptive or fraudulent conduct, and such conduct is considered a serious breach of these Terms and Conditions. Likewise, ABORDA reserves the right to exercise the relevant actions or any right established in these Terms and Conditions and that are granted according to the applicable regulations.

8. Suspension and Termination

ABORDA will determine, at its sole discretion, if the Driver has breached these Terms and Conditions, in which case ABORDA may take the measures it deems appropriate, which may consist of:

• Notification of the non-compliance incurred and reiteration of the corresponding obligations and the consequences of not complying with them;
• Notification to the competent authorities about acts that imply non-compliance with the Terms and Conditions or the applicable legal provisions, as well as any relevant data;
• Immediate, temporary or permanent suspension or withdrawal of the Driver’s right to use ABORDA Driver, and
• Legal actions against the Driver to claim damages caused to ABORDA or its affiliates, for causes attributable to the Driver (including, without limitation, reasonable administrative and legal costs), and any other additional legal actions against the Driver.

9. Local Regulatory Restrictions

ABORDA Driver does not encourage or direct any person to access ABORDA Driver in any jurisdiction in which access to or availability of ABORDA Driver is prohibited or subject to any restrictions, including registration requirements or other requirements within such jurisdiction. ABORDA reserves the right to limit access to ABORDA Driver to any of these persons in such jurisdictions. Persons who access ABORDA Driver do so on their own initiative and are responsible for compliance with applicable local laws and regulations. In those jurisdictions where access or availability of ABORDA Driver is prohibited or subject to any restrictions provided by applicable regulations or competent authorities, ABORDA will not be liable to any user for any loss or damage, whether pursuant to a contractual provision. , for civil liability (including negligence), breach of duty under law or otherwise, even if foreseeable, arising out of or in connection with use by a person in such jurisdiction. In case of doubt, the Driver must obtain independent legal advice.

10. Absence of Guarantees

No warranty is given, either express or implied, with respect to ABORDA Driver and the material published on ABORDA Driver, including without limitation, its content.

Except as expressly set out in these Terms and Conditions, all warranties, conditions and representations, express or implied by law or otherwise indicated by ABORDA (including, without limitation, warranties as to satisfactory quality, fitness for a purpose or skill and care) are excluded by this stipulation when permitted by applicable law.

11. Limitation of ABORDA’s Liability

The information provided and the Services recommended to the Driver on the ABORDA websites or on ABORDA Driver are solely for the Driver’s reference. ABORDA will use reasonable efforts to ensure the accuracy of such information, provided, however, that ABORDA does not guarantee that such information is free of any errors, defects, malware or viruses, since the ABORDA websites or ABORDA Driver may depend on third-party providers of online, Internet and/or electronic services that are unrelated to ABORDA and with respect to which it does not control their operation and/or availability and therefore ABORDA cannot guarantee one hundred percent and in at all times, the availability of the ABORDA or ABORDA Driver websites.

ABORDA does not assume any responsibility for damages of any kind that may arise from the use of the Services and the contents by the Drivers or that may arise from the lack of veracity, validity, completeness and/or authenticity of the information. information that the Passenger and/or the Designated Driver provide and, in particular, although not exclusively, for damages of any kind that may arise from the impersonation of a third party carried out by a Passenger or a Designated Driver in any type of communication made through ABORDA Driver as well as the quality and integrity of the services provided by the Designated Driver.

Likewise, the Driver recognizes and accepts that ABORDA cannot assume any type of responsibility for lack of energy, strikes or other labor disputes, riots, insurrections, revolts, earthquakes, fires, floods, storms, pandemics, explosions, wars; acts of the government, orders of judicial or administrative authorities or any other fortuitous event, cause of force majeure or omission of third parties.

To the maximum extent permitted by applicable laws, ABORDA will not be liable for indirect, consequential, special, exemplary, punitive or incidental damages, including loss of profits, loss of information, injuries or property damage related to, or otherwise resulting from. any use of the Services.

ABORDA does not assume any responsibility with respect to the accuracy, completeness, sufficiency and reliability of the information and content included in ABORDA Driver or on the ABORDA websites, including without limitation texts, images, data, opinions, web pages or links, to despite its efforts to provide accurate and comprehensive information to the extent possible. ABORDA disclaims any responsibility for any error or omission and does not grant any express or implied warranty regarding said content.

In those cases in which ABORDA must compensate the Driver for damages caused, the compensation will be limited to the amount of money paid by said Driver to acquire the Services offered through ABORDA Driver.

The Driver is solely responsible for the mobility services provided through ABORDA Driver and assumes all risks associated with the provision of said services, including but not limited to any security incident. However, in order to help protect the safety of the Driver and the Passenger, ABORDA will make its best efforts to implement and maintain security functions in ABORDA Driver, other ABORDA applications and websites, which may include, but are not limited to. limiting: (i) trip audio recording function, (ii) trip audio and video recording function, (iii) real-time trip monitoring function, (iv) function for sharing trip information with third parties that the Driver and/or the Passenger selects, among others that may be implemented from time to time (the “Safety Functions”). The Safety Functions could be activated by the Driver, through ABORDA Driver, without the need for notification to the Passenger, or by the Passenger, through the ABORDA application, without the need for notification to the Driver. The Safety Functions could even operate automatically, without the need for activation by the Passenger or the Driver. Due to the above, the Driver expressly consents to the Security Functions, even if they are not activated by the Driver, with the understanding that the processing of personal data that ADDRESS, if applicable, collects as a consequence of the use and/or Activation of the Security Functions will be subject to the treatment established in the Privacy Notice. Without prejudice to the provisions of this section, ABORDA will not be responsible in any case and under any circumstances for (i) the lack of coverage or availability of some or all of the Security Functions in certain locations or trips (ii) any defect, failure or defect of the Security Features and (iii) in general due to the use and/or inability to use the Security Features.

12. Authorization and License

Subject to the Driver’s compliance with these Terms and Conditions, ABORDA grants the Driver a limited, non-exclusive, revocable and non-transferable license to download and install one copy of the applications on a single mobile device that the Driver owns or controls for use said copy of the application solely for the personal use of the Chauffeur himself.

The Driver may not: (1) license or sub-license, sell, resell, transmit, assign, distribute or otherwise commercially exploit or make available to third parties the services or applications in any way; (2) modify or create derivative works based on the Services or applications; (3) create Internet “links” to the Services, or “frame” or “mirror” any application on any other server or wireless or Internet-based device; (4) reverse engineer or access the Applications in order to design or create a competitive product or Service, design or create a product using ideas or graphics similar to the Services or Applications, or copy any ideas, features, features or graphics of the Services or applications; or (5) launch any automated program or script, or any program that may make multiple requests to servers per second, or that unduly hinders or hinders the operation or performance of the Services or applications.

Likewise, the Driver must not: (1) send spam or duplicate or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene, threatening, defamatory or otherwise unlawful or tortious material, including material that violates the privacy rights of third parties; (3) send or store material that contains software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (4) interfere with or affect the integrity or operation of the ABORDA websites, its applications or the Services or the data contained therein; or (5) attempt to gain unauthorized access to the ABORDA websites, its applications, the Services or related systems or networks.

ABORDA will have the right to investigate and execute all actions and requests that the law and these Terms and Conditions grant to ABORDA, in the event of non-compliance with the obligations established above and promote a trial for any of the non-compliance in accordance with the legal provisions. applicable. ABORDA may go to the administrative or judicial authorities to file lawsuits against any Driver who has breached these Terms and Conditions. If ABORDA determines that any content violates these Terms and Conditions or otherwise harms the ABORDA websites, ABORDA Driver and/or the related Services or applications, ABORDA reserves the right to remove or prohibit access to such content in at any time without prior notice.

13. Intellectual Property Policy

ABORDA owns the rights to use and exploit all content distributed on ABORDA Driver, including, without limitation, the software provided and related products or services, and such rights are protected by law. The Driver will respect the legitimate rights and interests of ABORDA and will use said content legally in accordance with applicable laws and regulations and the principle of good faith.

Without the written consent of ABORDA, no natural or legal person will use, copy, modify, make extracts, include with other products for use or sale, link or transmit via hyperlink, store in an information retrieval system or use for any other commercial purpose any part of the software, products or services, information or words mentioned above in any way under any circumstances, except for downloading or printing for personal non-commercial use, with the understanding that you will not no modification will be made to the above, and that the declaration of copyright or other ownership contained therein will be preserved.

The registered trademarks and logos (hereinafter jointly referred to as “Trademarks”) used and displayed in said software will constitute the Trademarks, registered or unregistered, of ABORDA and associated companies in the classes related to the Services, which are protected by the laws. No person will use any content of said software, “ABORDA” and similar names, as well as the Trademarks in any way without the written consent of ABORDA.

If the Driver prints, copies, downloads, modifies or links any part of the Content available through the ABORDA websites or the ABORDA Driver application, in breach of these Terms and Conditions, the Driver’s right to use the ABORDA Websites ABORDA and the application may be suspended or canceled immediately and the Driver must, at ABORDA’s discretion, return or destroy any copies (electronic or other format) of the materials he has made.

14. Third Party Services and Links

During the use of the relevant web pages and applications, ABORDA may, from time to time, provide the Driver with links or hyperlinks to websites owned and/or controlled by third parties, to facilitate communication with the Driver, with the acquisition of products. or services or to participate in promotional activities offered by said third parties. By entering (clicking) on said links or hyperlinks (“links”), the Driver will leave the ABORDA or ABORDA Driver website and will access websites hosted by said third parties that are outside the control of ABORDA and where said third parties have developed its own terms, conditions and privacy notices. Therefore, ABORDA will not be responsible for the content and activities of said web pages and ABORDA will not assume any obligation in this regard. The Driver will fully understand the content and activities of such websites and will fully assume the legal responsibility and risks arising from the navigation or access of such websites by the Driver.

15. Validity

These Terms and Conditions agreed upon by the Driver and ABORDA, as well as their updates, will be in force for as long as the Driver uses the ABORDA Driver application or keeps it on his mobile device.

The termination of ABORDA’s commercial relationship with the Driver and their access to the ABORDA Driver platform, whatever the cause, will not affect the obligation of these Terms and conditions.

Although ADDRESS terminates these Terms and Conditions due to the Driver having committed an Improper Act, the Driver will comply with his payment obligations and will be responsible for any damage or harm that may arise from such non-compliance.

16. Force Majeure

In the event that a force majeure event or fortuitous event occurs, the affected party may temporarily suspend compliance with the obligations under its responsibility until the effect of said cause of force majeure ceases, and will not incur in default; provided, however, that said party will use its best efforts to resolve the effects of that event and mitigate losses. Force majeure means any unpredictable and unavoidable cause (even if foreseeable) beyond the control of the parties that prevents, affects or delays the performance by a party of all or any of its obligations under this instrument. Such causes include, without limitation, earthquakes, war, changes in laws, regulations and government policies, computer viruses, hacker attacks or suspension of services provided by telecommunications companies.

17. General disposition

If any provision of the Terms and Conditions (or part thereof) is determined by any court or competent authority to be invalid, illegal or void, such provision or partial provision shall be deemed to be deleted, to the extent necessary, and the validity and enforceability of The other provisions of these Terms and Conditions will not be affected. The Terms and Conditions constitute the entire agreement between the parties in relation to their subject matter and supersede and extinguish all previous drafts, agreements, arrangements and understandings between them, whether written or oral, related to their subject matter. In these Terms and Conditions, the words “including” and “include” mean “including, but not limited to”.

ABORDA may make notifications to the Driver by means of a general notification on the ABORDA websites, on ABORDA Driver or by sending an email or text message to the email address or cell phone number registered in the Driver’s account information. The notifications, which may be published from time to time, will be valid from the moment of their sending and will constitute an integral part of these Terms and Conditions.

The Driver may not transfer or assign in any way, totally or partially, the rights in his favor or the obligations in his charge, which he acquires by virtue of these Terms and Conditions, unless he obtains the prior written consent of ABORDA.

18. Notice of Privacy

These Terms and Conditions refer to the ABORDA Driver Privacy Notice, which establishes the terms under which any personal data or information collected or provided by the Driver is processed, which the Driver declares to know and accept.

19. Applicable Law and Jurisdiction

These Terms and Conditions will be governed by the federal laws applicable in Mexico. Any conflict, claim or controversy arising from, or related to, the breach, termination, compliance, interpretation or validity of these Terms and Conditions or the use of the ABORDA or ABORDA Driver websites, will be submitted to the jurisdiction of the competent federal bodies of Mexico City, Mexico, and the Driver hereby expressly and irrevocably waives any other jurisdiction that may correspond to him by virtue of his present or future domicile.

20. Subsistence of legal obligations

Even after the cooperation with the Driver and his access to the ABORDA Driver platform has ended, the Driver will be responsible for compliance with the obligations required of him, derived from his use of the Services, ABORDA Driver and, in general, those derived from of having downloaded the ABORDA Driver application and having provided private transportation services.