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1. These general terms and conditions are applicable to the use of advertisements/ads/virtual ads found on the website www.vivaair.com (hereinafter, the "Site",) but do not relate to products or services offered, sold or provided by Fast Colombia S.A.S. or Viva Air, but to products or services offered, provided or sold by third parties (hereinafter, the "Ads" and the "Offeror".)
2. Any person wishing to access and/or use and/or purchase services or products offered through the Ads (hereinafter, the "User") must take into account these terms and conditions.
3. Any individual who does not accept these general terms and conditions, which are mandatory and binding, must refrain from using the Site.
4. The User of the Site must read, understand and accept all conditions set forth in these general terms and conditions and in the Privacy Policies, as well as in any other documents incorporated therein, by reference.
5. Viva Air does not offer, provide or sell goods or services offered through the Ads. Viva Air does not act as an intermediary between the User and the Offeror either. The Offerors offer their services or goods through Viva Air web page under an advertising contract previously entered into between them.
6. Viva Air is not involved in the execution of the operations performed between Users and Offerors, or in the conditions stipulated by them for such operations; for this reason, Viva Air shall not be liable for the existence, quality, quantity, condition, integrity or legitimacy of the goods and services offered, transferred or provided by the Offerors and purchased by the Users, nor for the Users and Offerors’ ability to contract or for the accuracy of the data provided between them. Each User acknowledges and accepts to be solely liable for the information provided and the contractual relationship entered into by them.
7. The Ads, and any act connected therewith, do not create any partnership agreement, contract of mandate, franchise agreement, employment or consumer relationship between Viva Air and the user. The User acknowledges and accepts that Viva Air is not engaged in any operation or has no control whatsoever over the quality, security or legality of the articles and services advertised, the faithfulness or accuracy of the Ads, the ability of the Offerors to sell or provide services, or the ability of the Users to purchase them.
8. Viva Air shall not guarantee the accuracy of advertisement of third parties and Offerors shown on the Site and shall not be liable for the contracts the User enters into with the Offerors.
9. Viva Air shall not be liable for any damages or loss caused to the User, directly or indirectly by the legal relationship with the Offeror or by any failure in the system, the server or the Internet. Viva Air shall not be liable for any virus that may infect the User’s equipment as a result of accessing, using or examining its Web Site, or following any transfer of data, files, images, texts or audio files contained therein either. Users may not impute any liability whatsoever to Viva Air or demand any payment for damages resulting from technical difficulties or failures in the system or the Internet.
10. Viva Air shall not ensure the access and continuous or uninterrupted use of its web portal.
11. The system may eventually not be available, because of technical difficulties or Internet failures or by any other circumstances; in such cases, efforts will be made to restore it as quickly as possible without imputing any type of liability to them for this.
12. Viva Air shall not be liable for any error or omission contained in the Ads.
13. The contents of the screens related to services offered and provided by Viva Air, the programs, data bases, networks, files, allowing the User to access the page are owned by Viva Air and protected by the laws and international treaties for copyrights, marks, patents, models and industrial designs. The improper use and the total or partial reproduction of such contents are prohibited.
14. Viva Air web portal may contain links to other web sites (including Ads) which is not an indication that they are owned or are operated by Viva Air. Considering that Viva Air has no control over such sites, Viva Air shall not be liable for the contents, materials, actions and/or services provided thereby, or for damages or losses caused by the use thereof, whether they are directly or indirectly caused. The presence of links to other web sites does not imply a partnership with, relationship with, approval to or support for such sites and the contents thereof by Viva Air.
15. The User shall indemnify and hold harmless Viva Air, its affiliates, subsidiaries and/or holding companies, directors, managers, representatives and employees for and from any claim or action by other Users or third parties because of any activities on the web portal or the non-compliance with these General terms and conditions and other policies, it being understood that they are incorporated herein, or the violation of any laws or rights of third parties, including attorneys' fees in a reasonable amount.