Terms and Conditions

 

Effective date: May 25, 2018

 

Welcome to TryMyBag. These Terms describe the terms and conditions applicable to your access and use of the Application TryMyBag (the “App” hereinafter). This document is a legally binding agreement between you as the user of the App (referred to as “you”, “your”, “User”, “Traveler” or “Sender” hereinafter) and TryMyBag S.A.S, incorporated in Colombia with Company Reg. No. 9011236693. Carrera 7F # 147-48 Bogotá-Colombia-110131 referred to as “we,'' “our” or “TryMyBag” hereinafter).

 

1.Application and Acceptance of the Terms

1.1 Your use of the App and TryMyBag’s services, software and products (collectively as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies of the App that TryMyBag may publish from time to time. This document and such other rules and policies of the App are collectively referred to below as the “Terms”. By accessing the App or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the App if you do not accept all of the Terms.  

1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with TryMyBag, or (b) you are not permitted to receive any Services under the laws of Colombia or other countries or regions including the country or region in which you are resident or from which you use the Services.

1.3 You acknowledge and agree that TryMyBag may amend any Terms at any time by posting the relevant amended and restated Terms on the App. By continuing to use the Services or the App, you agree that the amended Terms will apply to you.

1.4 If TryMyBag has posted or provided a translation of the Spanish language version of the Terms, you agree that the translation is provided for convenience only and that the Spanish language version will govern your use of the Services or the App.

1.5 You may be required to enter into a separate agreement, whether online or offline, with TryMyBag or our affiliate (if any) for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.   

 

2. Provision of Services

2.1 You must register as a member of the App in order to access and use some Services. Further, TryMyBag reserves the right, without prior notice, to restrict access to or use of certain Services, or any features within the Services that TryMyBag may impose in our discretion. 

2.2 Services or any features within the Services may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. TryMyBag may in our sole discretion limit, deny, or create different levels of access to and use of any Services or any features within the Services with respect to different Users.

2.3 TryMyBag may launch, change, upgrade, impose conditions to, suspend, or stop any Services or any features within the Services, without prior notice, except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.

 

3. Users Generally

3.1 As a condition of your access to and use of the App or Services, you agree that you will comply with all applicable laws and regulations when using the App or Services.

3.2 You agree to use the App or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the App (the “App Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any App Content for the purposes of operating a business that competes with TryMyBag or otherwise commercially exploiting the App Content. Systematic retrieval of App Content from the App to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from TryMyBag is prohibited. The use of any content on the App for any purpose not expressly permitted in the Terms is prohibited.

3.3 You must read TryMyBag’s Privacy Policy which governs the protection and use of personal information about Users in the possession of TryMyBag and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

3.4 TryMyBag may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' websites or applications. You are cautioned to read such web sites or applications' terms and conditions and/or privacy policies before using those sites or applications. You acknowledge that TryMyBag has no control over such third parties' websites or applications, does not monitor such web sites or applications, and shall not be responsible or liable to anyone for such web sites or applications, or any content, products or services made available on such websites or applications.

3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of TryMyBag and/or any other User nor to gain unauthorized access to such computer systems or networks.

3.6 You agree not to undertake any action which may undermine the integrity of TryMyBag’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.

3.7 By posting or displaying any information, content (“User Content”) on the App or providing any User Content to TryMyBag or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to TryMyBag to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the App. You confirm and warrant to TryMyBag that you have all the rights, power, and authority necessary to grant the above license.

 

4. Member Accounts

4.1 Users must be registered on the App to access or use some Services (a registered User is also referred to as a “Member” below). Except with TryMyBag’s approval, one User may only register one member account on the App. TryMyBag may cancel or terminate a User’s member account if TryMyBag has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, TryMyBag may reject the User’s application for registration for any reason.

4.2 Upon registration on the App, TryMyBag shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.

4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person. Members agree to notify TryMyBag immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

4.4 Member agrees that all activities that occur under your account (including without limitation, posting any information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.

4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users to use your account (collectively, "multiple uses"), may cause irreparable harm to TryMyBag or other Users of the App. Members shall indemnify TryMyBag, our affiliates, directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple uses of your account. Member also agrees that in case of the multiple uses of your account or Member’s failure to maintain the security of your account, TryMyBag shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.

 

5. Member’s Responsibilities

5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the App and Services for own purposes only; and (c) the address and personal information you provide is yours.     

5.2 Member will be required to provide information as part of the registration process on the App or your use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information whether submitted during the registration process or thereafter throughout the continuation of the use of the App or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information to keep it true, accurate, current and complete.

5.3 Upon becoming a Member, you consent to the inclusion of the contact information about you in our Database and authorize TryMyBag to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy. 

5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to offer services described in the User Content and such offer does not violate any Third Party Rights and (d) you are not the subject of any restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.

5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:

a) be true, accurate, complete and lawful;

b) not be false, misleading or deceptive;

c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;

d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

e) not violate any other Terms or any applicable Additional Agreements of TryMyBag;

f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection or unfair competition) or promote any activities which may violate any applicable laws and regulations;

g) not contain any link directly or indirectly to any other websites or application which includes any content that may violate the Terms.

5.6 Each Member further represents, warrants and agrees that you shall/are:

a) carry on your activities on the App in compliance with any applicable laws and regulations;

b) conduct your transactions with other users of the App in good faith;

c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;

d) not use the Services or App to defraud any person or entity (including without limitation use of stolen credit/debit cards);

e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

f) not engage in spamming or phishing;

g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc.) or encourage or abet any unlawful activities;

h) not involve attempts to copy, reproduce, exploit or expropriate TryMyBag’s various proprietary directories, databases and listings;

i) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

j) not involve any scheme to undermine the integrity of the data, systems or networks used by TryMyBag and/or any user of the App or gain unauthorized access to such data, systems or networks;

k) not use the Services or App to transport items that are prohibited, including but not limited to, any product or item related to illegal activities, such as the production of illegal drugs, any item that is prohibited by law in the place of origin, the destination, or any jurisdiction through which the item will be transported, pornography, alcohol, knives, police batons, firearms, and other weapons, ammunition, explosives, stolen property, live animals, counterfeit goods or currency, human remains, illegal drugs, batteries and aerosols and flammable liquids, and any other considered hazardous material;

l) not engage in any activities that would otherwise create any liability for TryMyBag.

5.7 Members may not use the Services and member account to engage in activities that are identical or similar to TryMyBag’s e-commerce marketplace business.

5.8 Member agrees to provide all necessary information, materials, and approval, and render all reasonable assistance and cooperation necessary for TryMyBag’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Members failure to do so results in delay in, or suspension or termination of, the provision of any Service, TryMyBag shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.

5.9 Member acknowledges and agrees that TryMyBag shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or App. TryMyBag does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or information.

5.10 Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the App and Services are in compliance with the same.

 

6. Breaches by Members

6.1 TryMyBag reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the App which we reasonably believe is unlawful, violates the Terms, could subject TryMyBag or our affiliates to liability or is otherwise found inappropriate in TryMyBag’s opinion.

6.2 If any Member breaches any Terms, or if TryMyBag has reasonable grounds to believe that a Member is in breach of any Terms, TryMyBag shall have the right to take such disciplinary action as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by TryMyBag in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any User Content that the Member has submitted, posted or displayed, or imposing other restrictions on the User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as TryMyBag may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as TryMyBag may deem necessary or appropriate in its sole discretion.

6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:

a) upon complaint or claim from any User, TryMyBag has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with other User including without limitation where the Member has failed to deliver any items ordered by such User, or where the items Member has delivered materially fail to meet the terms and descriptions outlined with the other User,

b) TryMyBag has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with other User,

c) TryMyBag has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or

d) TryMyBag believes that the Member’s actions may cause financial loss or legal liability to TryMyBag or our affiliates or any other Users.

6.4 TryMyBag reserves the right to cooperate fully with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, TryMyBag may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. TryMyBag shall not be liable for damages or results arising from such disclosure, and the Member agrees not to bring any action or claim against TryMyBag for such disclosure.

6.5 If a Member is in breach of the Terms, TryMyBag also reserves the right to publish the records of such breach on the App. 

6.6 TryMyBag may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the App without being liable to the Member if TryMyBag has received notice that the Member is in breach of any agreement. TryMyBag shall have the right to publish the records of such breach on the App. TryMyBag shall not be required to investigate such breach or request confirmation from the Member.

6.7 Each Member agrees to indemnify TryMyBag, our affiliates, directors, employees, agents and representatives and to hold them harmless from any and all damages, losses, claims, and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the App or Services, or from your breach of the Terms.

6.8 Each Member further agrees that TryMyBag is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the App, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. TryMyBag is not responsible for the relation, messages even meeting between Users, Users carry their relationships and contacts between them at their own risk. TryMyBag reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with TryMyBag in asserting any available defenses.

 

7. Transactions Senders and Travelers

7.1 Traveler definition: A User that needs to send their travel itineraries to receive offers for the purchase and freight of consignments or the freight or consignments only to accept them and subsequently ship and deliver the consignments to the addressee; this addressee may be the "Sender" or a third party to whom the "Sender" wishes to send the consignment.

7.2 Sender definition: A User who needs to send or receive packages or shipments to or from several destinations. A sender can opt either to publish their order whereby the traveler purchases the item and subsequently ships it or solely for the traveler to collect the item and ship it to its destination.

7.3 TryMyBag strongly recommends that all in-person meetings between a traveler and a sender take place in a public location.

7.4 Through the App, TryMyBag provides an electronic platform for exchanging information between Senders and Travelers and all the transactions, communications, etc. However, for any Services, TryMyBag does not represent either the Sender or the Traveler in specific transactions. TryMyBag does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered on the App or the ability of the Traveler to complete a trip or the ability of Sender to complete a payment or information.

7.5 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. TryMyBag uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the App. However, because user verification on the Internet is difficult, TryMyBag cannot and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.

7.6 Each User acknowledges that it is fully assuming the risks of conducting any purchase transactions in connection with using the App or Services and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to the products or services that are the subject of transactions using the App. Such risks shall include but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks use of products or services offered or displayed on the App may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the App as a result of purchase transactions in connection with using the App may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that TryMyBag shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

7.7 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of the use of the App or Services, including, without limitation, terms regarding payment, returns, warranties, transportation, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation, and storage.

7.8 User agrees to provide all information as may be reasonably required by TryMyBag in connection with your transactions conducted on, through, or as a result of the use of the App or Services. TryMyBag has the right to suspend or terminate any User’s account if the User fails to provide the required information.

7.9 In the event that any User has a dispute with any other User to a transaction or a third party, such User agrees to release and indemnify TryMyBag (and our agents, affiliates, directors, officers, and employees) from all claims, demands, actions, proceedings, costs, expenses and damages, including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

7.10 We encourage Senders and Travelers to reply to messages within 48 hours. For Travelers, please update your Senders within 24 hours before your arrival date to avoid causing your Sender unnecessary worry and inconvenience.

7.11 TryMyBag charges a fee of 13% of the total sum agreed between the parties, both the sender and the traveler, as follows: a) a fee of 10% debited to the sender; b) a fee of 3% debited to the traveler.

7.12 The total sum agreed between the parties including fees will be charged (withheld) by TryMyBag at the moment the parties enter into an agreement. Once the sender states via the App that the delivery of the item has been completed to the traveler's full satisfaction, TryMyBag will release the payment to the traveler and the fees debited.

7.13 The traveler will be paid the amount owing for the transaction by direct transfer using Paypal after TryMyBag receives confirmation from the Sender that the item has been successfully received.

7.14 The User (Sender and Traveler) agrees with the use of PayPal for payments, as well as the commission that the use of the PayPal platform charges.

7.15 TryMyBag would not be responsible for loss or damage of the item, so long as the traveler used ordinary care to safeguard the item.

7.16 In the event that the Sender needs that the traveler buy an item, the Sender sets the price of the item and discloses any necessary customs fees to the traveler before accepting the delivery offer made by Traveler. This amount should be added to the traveler payment. It is the Sender's responsibility to confirm that the item is not cash or anything that cannot be imported lawfully into the destination country.

7.17 It is the Sender responsibility the verification of the total payment amount for the proposed transaction including but not limited to, all the acceptable and customs fees, taxes and duties, even the TryMyBag fee services.

7.18 The Sender agrees to receive the item without the original packaging. If the original packaging is preferred, the Sender must specify this with the Traveler before accepting the delivery offer. Be aware that requesting original packaging will likely yield a higher traveler fee.

7.19 The Sender is aware that the agreed-upon delivery date is an estimate, with allowances of up to five (5) days before or after this date, in an effort to accommodate your Traveler.

7.20 In the event that the traveler has purchased the item until an item has been delivered to the Sender, the Traveler retains ownership of it, this is because the Traveler bought the item with his/her own resources. This will typically be consistent with a purchase receipt obtained by the traveler when procuring the item for delivery to the Sender. For items that arrive damaged or incomplete, the Sender has 24 hours to report this to TryMyBag and to return the item to the Traveler. Trymybag will not debit the amount agreed between the parties.

7.21 In the event of a dispute, either party may call for escalation by written notice to the other. Within 5 business days of such notice, TryMyBag shall designate an executive with the authority to make commitments that would resolve the dispute between Users (a “Senior Manager). The parties shall meet in a virtual room, by email or by telephone (“Dispute Conference’) within 5 business days and shall negotiate in good faith to resolve the dispute.

7.22 In the event that the Traveler communicated a change in the plans, the Sender must allow up to a seven (7) day delay from the Traveler’s last update. If the Traveler goes silent, contact us at info@trymybag.com and we will do our best to get in contact with the Traveler. Abandoned orders will be refunded after seven (7) days without communication from the traveler.

7.23 The traveler will have the right to open the box of the item (whether it is a new article or not) and carefully check what is inside for the purpose of verifying that it is exactly the article agreed by the sender.

7.24 Once you post your order, please make sure you have acknowledged any import duties that could be associated with this order, for instance, country-specific information: https://www.iatatravelcentre.com/home.htm

 

8. Limitation of Liability

8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY TRYMYBAG ON OR THROUGH THE APP ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND TRYMYBAG HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRYMYBAG MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE APP; TRYMYBAG DOES NOT REPRESENT OR WARRANT THAT THE IMPORTATION, EXPORT, DISTRIBUTION, TRANSPORTATION, OFFER, DISPLAY, PURCHASE, AND/OR USE OF THE SERVICES OFFERED OR DISPLAYED ON THE APP DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND TRYMYBAG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE APP.

8.3 Any material downloaded or otherwise obtained through the App is done at each User's sole discretion and risk and each User is solely responsible for any damage to TryMyBag’s computer system or loss of data that may result from the download of any such material in the User’s computer. No advice or information, whether oral or written, obtained by any User from TryMyBag or through or from the App shall create any warranty not expressly stated herein.

8.4 The App may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall TryMyBag and our affiliates be held liable for any such services or products.

8.5 Each User hereby agrees to indemnify and save TryMyBag, our affiliates, directors, officers and employees harmless from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the App or Services (including but not limited to the display of such User's information on the App) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save TryMyBag, our affiliates, directors, officers, and employees harmless from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to TryMyBag.

8.6 Each User hereby further agrees to indemnify and save TryMyBag, our affiliates, directors, officers, and employees harmless from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to the products offered or displayed on the App. Each User hereby further agrees that TryMyBag is not responsible and shall have no liability to you for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. TryMyBag reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with TryMyBag in asserting any available defenses. 

8.7 TryMyBag shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:

a) the use or the inability to use the App or Services;

b) any defect in delivered items, data, information or services obtained from a User or any other third party through the App;

c) violation of Third Party Rights or claims or demands that User's transportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the App may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;

d) unauthorized access by third parties to data or private information of any User;

e) statements or conduct of any User of the App; or;

f) any matters relating to Services however arising, including negligence.

8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of TryMyBag, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the App or Services during any calendar year shall be limited to the greater of (a) the fees' amount the User has paid to TryMyBag during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the App or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.

8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not TryMyBag has been advised of or should have been aware of the possibility of any such losses arising.

 

9. Force Majeure

9.1 Under no circumstances shall TryMyBag be held liable for any delay or failure or disruption of the content or services delivered through the App resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

 

10. Intellectual Property Rights

10.1 TryMyBag is the sole owner or lawful licensee of all the rights and interests in the App and the App Content. The App and App Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership, and intellectual property rights in the App and App Content shall remain with TryMyBag, our affiliates or licensors of the App Content, as the case may be. All rights not otherwise claimed under the Terms or by TryMyBag are hereby reserved.

10.2 " TryMyBag" and related icons and logos are registered trademarks or trademarks or service marks of Trymybag S.A.S. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

 

11. Notices

11.1 All legal notices or demands to or upon TryMyBag shall be made in writing and sent to TryMyBag personally, by courier, certified mail to the following entity and address: TryMyBag S.A.S. Carrera 7# No. 147-48 Bogotá-Colombia-110131. The notices shall be effective when they are received by TryMyBag in the above-mentioned manner.

11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to TryMyBag, or by posting such notice or demand on an area of the App that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when TryMyBag is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User.

11.3 You agree that all agreements, notices, demands, disclosures, and other communications that TryMyBag sends to you electronically satisfy the legal requirement that such communication should be in writing.

 

12. General Provisions

12.1 Subject to any Additional Agreements, the Terms constitutes the entire agreement between you and TryMyBag with respect to and governs your use of the App and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

12.2 TryMyBag and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the Terms.

12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

12.5 TryMyBag’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of TryMyBag’s right to act with respect to subsequent or similar breaches.

12.6 TryMyBag shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of TryMyBag). You may not assign, in whole or part, the Terms to any person or entity.

12.7 The Terms shall be governed by the laws of Colombia without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Colombia.