General Terms and Conditions of Use - Spain

KEY PRINCIPLES
• These Terms apply to the mobile applications and/or websites of Malaga Valley THE NETWORK in Spain.
• The application services and websites allow you to request services from Third Party Providers or directly from Malaga Valley THE NETWORK. These services are provided to you or made available to you under the Malaga Valley THE NETWORK brands.
• For Third-Party Services, you are contracting directly with the Third-Party Providers and Malaga Valley THE NETWORK acts as an agent to enable you to request and receive those services.
• For Services provided by Malaga Valley THE NETWORK, you may be asked to accept separate terms governing the use of those services.
• Please read these terms carefully and thoroughly. They include information about the services, your rights, and other important information.
ABOUT US We are Malaga Valley THE NETWORK S.L., a limited liability company incorporated in the Spain, with registered office at Larios First, Calle Marqués de Larios, 4, 29005 Malaga and tax identification number (NIF) B72588460. You can contact us at office@malagavalley-thenetwork.com.

DEFINITIONS
"Community Guidelines" means the guidelines, periodically updated, that set the expectations for all users of the Applications and/or Websites.
"Third-Party Providers" are independent third parties, offering their Services via Malaga Valley THE NETWORK as an agent.
"Third-Party Services" include, but are not limited to, Services for Relocation, Familiarization Trip, Housing, Moving, Driver License, Golden Visa Process, Residency, Visa, Schools, Banking, Insurances, Cleaning, Pool & Gardening, Nanny Services, Play Dates, Tutors/ Private Professors, Special Assistance, Privat Health Services, Mental Health, Pets, Vets, Pet Sitter, Pet Day Care & Holiday Hotel, Chauffeur & Shuttle Service, Car & Fleet Services, Security, Translation & Languages, Office Services, Private Offices, Co-Working Spaces, Lawyers & Mediators, Accounting & Tax Service, Workforce & HR, Sport, Special Gym, Golf, Sailing & Partners, Tennis & Partners, Paddel & Partners, Horseback riding & more, Leisure, Culture, Restaurants, Events, Night life, Art, Museums, Concerts, Local Tourism, Networking, Charity, Beauty & Esthetics, Personal Shopping, Home refurbishing & improvement, Renewable energy, Handyman services, Notary, Pest Control, Funeral Services

These services are made available to you using the Applications and Websites, as defined below.
"Malaga Valley THE NETWORK" means Malaga Valley THE NETWORK S.L., or any of its subsidiaries or affiliates ("we" or "us").
"Services Provided by Malaga Valley THE NETWORK" means the services provided directly to you by Malaga Valley THE NETWORK that may be subject to separate terms between you and us.

"Names, Trademarks, or Works of Malaga Valley THE NETWORK" means the company names, logos, products or service names, trademarks, service marks, trade dress, other proprietary indicia or copyrights of Malaga Valley THE NETWORK or its licensor.

TERMS
1. General
1.1. These terms cover your access and use of the mobile applications and/or websites of Malaga Valley THE NETWORK (the "Terms"). You must read and accept the Terms carefully before accessing and using the mobile applications and/or websites of Malaga Valley THE NETWORK. Your acceptance of these Terms establishes a contractual relationship between you and Malaga Valley THE NETWORK. If you do not agree to these Terms, you may not access or use the mobile applications and/or websites of Malaga Valley THE NETWORK. These Terms expressly replace any prior agreements or arrangements regarding the Applications/Web Services (as defined below) between you and Malaga Valley THE NETWORK.
1.2. These Terms apply to the extent that they do not conflict with any other user agreement or complementary terms specifically applicable to the mobile applications and/or websites of Malaga Valley THE NETWORK.
1.3. Malaga Valley THE NETWORK acts as the agent of the Third-Party Providers providing Third-Party Services and as a service provider of the Services Provided by Malaga Valley THE NETWORK (see clause 4 below).

2. The Services of the Applications or Websites
2.1. The Services provided by Malaga Valley THE NETWORK consists of:
2.1.1. Access and use of Malaga Valley THE NETWORK's mobile applications and/or websites that allow you to request and receive Third Party Services and/or Services Provided by Malaga Valley THE NETWORK; and
2.1.2. Payment collection and processing services (including the issuance of invoices and receipts on behalf of Third Party Providers) that allow us to charge you and pay charges to the bank account of Third Party Providers for Third Party Services or Malaga Valley THE NETWORK's Services Provided by Malaga Valley THE NETWORK (Malaga Valley THE NETWORK S.L. may contract affiliates or third parties to provide these services on its behalf) (together, "Applications and Websites Services").
2.2. These terms and conditions apply to your use of the Applications/Websites Services in Spain. When accessing and using the Applications and Websites services in another country, you may be subject to specific terms and conditions for each country.
2.3. Malaga Valley THE NETWORK's mobile applications and/or websites will be available to you under various Malaga Valley THE NETWORK brands.
2.4. Unless otherwise agreed in writing, the Applications/Websites Services are made available to you for personal and non-commercial use only.
2.5. Where and when available, you may request and receive Third Party Services or Services Provided by Malaga Valley THE NETWORK through Malaga Valley THE NETWORK's mobile applications and/or websites.

3. Third Party Services

3.1. As for Third Party Services, Malaga Valley THE NETWORK acts as an agent between you and Third Party Providers to enable them to provide Third Party Services to you. Malaga Valley THE NETWORK does not provide Third Party Services. All Third Party Providers are independent contractors, registered companies, or other legal entities that are not employed by Malaga Valley THE NETWORK.
3.2. When you are online and in the vicinity of Third Party Providers who are also connected to Malaga Valley THE NETWORK's mobile applications and/or websites, you will be provided with information in Malaga Valley THE NETWORK's mobile applications and/or websites about Third Party Services before you decide to make a request for such services.
3.3. Third Party Providers (for Third Party Services) and Malaga Valley THE NETWORK (for Services Provided by Malaga Valley THE NETWORK) are free to decide whether to accept or reject a service request. Acceptance of the request is communicated on behalf of the Third Party Providers through Malaga Valley THE NETWORK's mobile applications and/or websites and will result in a direct contract between you and the Third Party Providers (for Third Party Services) and/or between you and Malaga Valley THE NETWORK (for Services Provided by Malaga Valley THE NETWORK).
3.4. In the case of some Third Party Services, you may be asked to accept separate terms before using such Third Party Services.
3.5. You may be asked to rate the Third Party Provider whose services you requested. The Third Party Provider may also give you a rating. Third Party Providers will see the rating in Malaga Valley THE NETWORK's applications and/or websites, and this rating may affect whether or not they decide to provide you with Third Party Services. For more information about ratings, please refer to our
Community Guidelines.

3.6. The Third Party Provider is responsible for any obligations that may arise from the provision of
Third Party Services.

4. Services Provided by Malaga Valley THE NETWORK
4.1. For the Services Provided by Malaga Valley THE NETWORK, Malaga Valley THE NETWORK will act as the provider of the services. The specific terms governing the Services Provided by Malaga Valley THE NETWORK will be established in additional terms or a separate agreement between the Service Provider and Malaga Valley THE NETWORK.

5. Use of Application/Website Services
5.1. The mobile applications and/or websites of Malaga Valley THE NETWORK can be downloaded or accessed on most modern mobile devices with an Internet connection and equipped with popular operating systems such as Android or iOS.
5.2. You are responsible for obtaining the necessary network access to use the Application/Website Services and are responsible for the fees and charges of your mobile network provider, including data consumption while using the mobile applications and/or websites of Malaga Valley THE NETWORK. You are also responsible for accessing compatible devices and necessary operating systems to use the Application/Website Services, including any software or hardware updates.
5.3. To use the application and website services, you must register on the mobile applications and/or websites of Malaga Valley THE NETWORK and create an account. At the time of registration, you must be eighteen (18) years of age or the legal age of majority in the country where you register if it is different from eighteen (18) years, unless the specific Third-Party Service or Service Provided by Malaga Valley THE NETWORK terms impose different age requirements.

5.4. You must provide us with certain personal information to register, including your phone number and email address. To use the Application/Website Services, the Services Provided by Malaga Valley THE NETWORK, or certain Third-Party Services, you may need to provide at least one valid payment method (credit card, debit card, or any other accepted payment method). You may need to provide additional information, such as your address and documents, before using certain Services Provided
by Malaga Valley THE NETWORK or Third-Party Services.

5.5. You are not obligated to log in or use the Mobile Applications and/or Websites of Malaga Valley THE NETWORK, nor are Third-Party Providers obligated to do so. If you decide to stop using the mobile applications and/or websites of Malaga Valley THE NETWORK, you may do so without notifying us.

5.6. We may temporarily restrict your access and use of the application and website services if we suspect that you have breached your obligations (see clause 6 below) or those of these Terms, including cases where we receive a complaint of fraud. There may be circumstances where we cannot provide you with information about the complaint while an investigation is ongoing (by us and/or a third party, such as the police).

6. Your Obligations
6.1. When using the Application/Website Services, you must comply with all applicable laws and regulations. You may only use the application and website services for lawful purposes and for the purposes for which they were intended, as set out in these Terms. You must not misuse the mobile applications and/or websites of Malaga Valley THE NETWORK or attempt to defraud us or Third-Party Providers.
6.2. You must provide accurate and complete information when registering an account and when using the Mobile Application and Website Services.
6.3. Your account is personal to you. It cannot be licensed or shared unless expressly permitted by Malaga Valley THE NETWORK. Once you have created an account, you:
• may not register more than one account unless otherwise agreed in writing by you and us;
• may not allow third parties to use your account or transfer it to a third party;
• must maintain your account information to be accurate, complete, and up-to-date;
• must keep your access credentials confidential at all times; and
• must immediately tell us if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.

6.4. You will be responsible for paying any fees or charges that may be incurred as a result of Third- Party Services or Services Provided by Malaga Valley THE NETWORK requested through your account as detailed below.

6.5. You must not, in your use of the Application/Sites, cause hindrance, annoyance, inconvenience or
property damage, whether to the Third-Party Provider, Malaga Valley THE NETWORK or any other
party.

7. Charges and Payment
7.1. Charges for Application/Site Services

7.1.1. You will not be charged for the use of the Application and Site services. However, we reserve the right to introduce a usage charge, in which case you will be notified in writing and given the opportunity to rescind these Terms before such charge is introduced. If you decide to rescind these Terms, you will no longer be able to access or use the Application and Site services.
7.1.2. We reserve the right to introduce a fee for specific features on the mobile applications and/or websites of Malaga Valley THE NETWORK. These may be subject to separate terms.
7.2. Charges for Third-Party Services and Services Provided by Malaga Valley THE NETWORK
7.2.1. If you make a request through the mobile applications and/or websites of Malaga Valley THE NETWORK, you agree to pay the relevant charges as described in the mobile applications and/or websites of Malaga Valley THE NETWORK and will be responsible for any charges or fees linked to your account in accordance with clause 6.4 above.
7.2.2. Depending on the Service Provided by Malaga Valley THE NETWORK or Third-Party Service used, including but not limited to, your location, charges may be shown in the mobile applications and/or websites of Malaga Valley THE NETWORK before a request is made. In other cases, charges will depend on your use of the Third-Party Services or Services Provided by Malaga Valley THE NETWORK. We may provide an estimate of these charges. Please note that the final amount you will be charged may differ
from the estimate.
7.2.3. Third-Party Providers may charge you supplementary charges, costs and/or fines for your use or misuse of the Third-Party Services (such as repair or cleaning fees) or by Malaga Valley THE NETWORK for your use or misuse of the Services Provided by Malaga Valley THE NETWORK.
7.2.4. For certain Third-Party Services, you may request lower charges from the Third-Party Provider for services received by you from such Third-Party Provider at the time of receiving such services. The Third-Party Provider or Malaga Valley THE NETWORK, if authorized by the Third-Party Provider, will respond accordingly to any request from a Third-Party Provider to modify the charges for a particular service.
7.2.5. In some cases, if the Third-Party Services or Services provided by Malaga Valley THE NETWORK cannot be carried out due to your action or inaction (for example, if you are not present at the delivery location to receive a delivery), all charges may apply.
7.2.6. Once the Third-Party Service or Service provided by Malaga Valley THE NETWORK has been provided, we may issue an invoice to you directly or on behalf of the Third-Party Provider, as applicable. The invoice will include VAT, if applicable.

7.3. General
7.3.1. To obtain more information about charges and supplemental charges, fees, costs, and/or specific fines of the Third-Party Service or the Service Provided by Malaga Valley THE NETWORK, please refer to the support section of the mobile applications and/or websites.

7.3.2. Charges may be modified on Malaga Valley THE NETWORK's mobile applications and/or websites from time to time.
7.3.3. Charges do not include tips. Where possible, you may tip either in person or through Malaga Valley THE NETWORK's mobile applications and/or websites. We will charge tips paid through Malaga Valley THE NETWORK's mobile applications and/or websites on your behalf and remit them.

7.3.4. Unless otherwise agreed, all charges must be paid immediately after a request is made, and payment will be facilitated by Malaga Valley THE NETWORK using the preferred payment method associated with your account, after which Malaga Valley THE NETWORK will send you a receipt by email. If your primary payment method cannot be charged, Malaga Valley THE NETWORK may use a secondary payment method if available. If your payment method(s) is/are not available, we reserve
the right to keep trying to charge.

7.3.5. Charges include applicable taxes, including VAT.

8. Cancellation
8.1. In some cases, you do not have the right to cancel the request for Third-Party Services and Services Provided by Malaga Valley THE NETWORK once it has been accepted. However, for certain Third-Party Services, Malaga Valley THE NETWORK or the Third-Party Service Provider may allow you to cancel the request, but you may be charged a cancellation fee.

8.2. Malaga Valley THE NETWORK may reject requests and cancel Third-Party Services or Services Provided by Malaga Valley THE NETWORK if there is reasonable doubt about the correctness or authenticity of the request or the contact information. In this case as well, a cancellation fee may be charged.

9. License

Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non- transferable, revocable, and non-sublicensable license to install and/or use Malaga Valley THE NETWORK's mobile applications and/or websites on your device solely for your use and to access and use the information available through Malaga Valley THE NETWORK's mobile applications and/or websites. Any rights not expressly granted here are reserved by Malaga Valley THE NETWORK and its licensors.

10. Intellectual and Industrial Property

We reserve all rights not expressly granted in these Terms. Our mobile applications and websites, our devices, and all data collected through Malaga Valley THE NETWORK's mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and shall remain our property or the property of our licensors. You may not, and may not permit any third party to do any of the following: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease
any portion of Malaga Valley THE NETWORK's mobile applications and/or websites; (b) reverse engineer or attempt to extract the source code of Malaga Valley THE NETWORK's mobile applications and/or websites, except as permitted by law; (c) launch or cause to be launched programs or scripts for the purpose of scraping, indexing, surveying, or otherwise extracting data from any portion of Malaga Valley THE NETWORK's mobile applications and/or websites or its data; (d) use, display or manipulate any of Malaga Valley THE NETWORK's Names, Marks or Works for any purpose other than using Malaga Valley THE NETWORK's mobile applications and/or services; (e) create or register any (i) company, (ii) URL, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include Malaga Valley THE NETWORK's Names, Marks or Works, or any
confusingly or substantially similar trademark, name, title, or work; (f) use Malaga Valley THE NETWORK's Names, Marks or Works as your social media profile picture or background; (g) purchase keywords (including, but not limited to, Google AdWords) that contain any of Malaga Valley THE NETWORK's Names, Marks or Works; or (h) apply for registration, reference, use, copy or ownership claim of Malaga Valley THE NETWORK's Names, Marks or Works, or any confusingly or substantially similar trademark, name, title or work, in any way and for any purpose, alone or in combination with other letters, punctuation, words, symbols, designs, or any creative work; except as permitted under the limited license granted above.

11. Privacy Policy
We collect, use, and disclose information from or about you as described in our Privacy Policy. Additional privacy notices, including those of third-party controllers, may apply to Services Provided by Malaga Valley THE NETWORK or Third-Party Services.

12. Your responsibility and indemnity

12.1. You are responsible for any damage suffered by us as a result of your violation of these Terms, your misuse of the Applications/Services of the website, or your violation of any law or third-party rights. You are responsible for all activities conducted through your account, unless such activities were not authorized by you and you were not otherwise negligent.
12.2. In order to access the Services of the applications/website, you agree to indemnify, defend (at our option), and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions, and taxes arising out of or related to your breach of these Terms, breach of applicable law, or third-party claims directly or indirectly related to your use of Third-Party Services, Services Provided by Malaga Valley THE NETWORK, or your use of the Services in general.

13. Disclaimer
We provide the services of the applications and website "as is" and "as available." The Services of the Applications/Website may be subject to limitations, delays, and/or other problems inherent in the use of the Internet and electronic communications, and we do not guarantee that they will be available or error-free at all times.

14. Limitation of Liability
14.1. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded legally, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alteration of your consumer rights that cannot be excluded under applicable law.

14.2. We are not liable under or in connection with these Terms, including but not limited to contractual liability, tort (including negligence, misrepresentation), restitution, or otherwise for any of the following related to the use of the Applications/Services of the Website: i) loss of profits; ii) loss of sales or business; iii) loss of agreements or contracts; iv) loss of anticipated savings; v) loss of use or corruption of software, data, or information; vi) loss or damage to goodwill; and vii) indirect or consequential loss.

14.3. We are not responsible for:
• damages or losses arising from any transaction between you and a Third-Party Provider; or

• the availability and accuracy of Third-Party Provider content, products, or services.

14.4. We are not responsible for delays or failures in performance resulting from causes beyond our reasonable control.

14.5. Our total liability to you for the use of the mobile applications and/or websites of Malaga Valley THE NETWORK (and not in connection with any other agreement between us for which liability agreements are governed by a separate agreement) shall not exceed five hundred euros (500 euros).

14.6. To the extent permitted by law, we exclude all warranties and disclaim all liability for any act or omission of you or a third party.

15. Termination
15.1. You are free to use the services of the applications and websites (when available) at all times and may terminate these Terms and the services of the applications and websites by closing your account.
15.2. We may terminate these Terms and your access to the Application/Website Services immediately if we conclude that you have breached these Terms or any other agreement between you and Malaga Valley THE NETWORK for the provision of the services provided by Malaga Valley THE NETWORK.
15.3. Malaga Valley THE NETWORK may, at its sole discretion, terminate these Terms or suspend the Application/Website Services at any time, by notifying you in writing with reasonable notice.
15.4. If we are unable to collect charges from your preferred payment method, we may suspend or remove your access to Malaga Valley THE NETWORK mobile applications and/or websites until payment is made.
15.5. You must immediately pay any outstanding charges owed to Third-Party Providers or Malaga Valley THE NETWORK at the time of termination of the Terms. Any such charges shall survive termination, and we reserve all rights to collect payment after termination.

16. General
16.1. Malaga Valley THE NETWORK may change these Terms from time to time. We will inform you of any changes within a reasonable time. You will be bound by such changes once notified through Malaga Valley THE NETWORK mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account in accordance with clause 15.1.

16.2. The invalidity of any clause in these Terms does not affect the validity and enforceability of the rest of these Terms. Any invalid, illegal, or unenforceable clause shall be deemed removed.

16.3. We may assign, subcontract, or transfer these Terms or any of our rights or obligations therein, in whole or in part, without your prior consent, provided this does not lead to a reduction of your rights under these Terms or by law. You may not assign, subcontract, or transfer these Terms or any of our rights or obligations therein, in whole or in part, as your use of Malaga Valley THE NETWORK mobile applications and/or websites is personal unless agreed otherwise.

16.4. These Terms are our complete agreement with you, together with any additional agreements related to the provision of Application/Website Services, and supersede all previous agreements related to your access and use of Application/Website Services.

16.5. You may be asked to accept additional conditions to access or use the services of the applications and websites. In case of conflict between these Terms and the separate agreement, the latter shall prevail unless otherwise specified in the separate agreement.

16.6. There are no third-party beneficiaries of these Terms, except as provided in these Terms.

17. Conflict Resolution Process
Malaga Valley THE NETWORK may provide consumers acting as users with a mediation system for consumer conflicts related to the Services of the Applications/Web Pages or these Terms for amicable resolution. In accordance with Articles 57 and following of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, for any contractual dispute related to the Services of the Applications/Web Pages that cannot be resolved within the context of a previously submitted complaint to the customer service of Malaga Valley THE NETWORK, consumers may resort to the Consumer Arbitration System at no cost. Eligible consumers may also submit complaints about our
Services or these Terms to the European Commission's Online Dispute Resolution platform accessible here in accordance with Regulation (EU) No 524/2013 of May 21, 2013. Malaga Valley THE NETWORK does not commit to using an online dispute resolution platform to resolve consumer disputes.

18. Applicable Law and Jurisdiction
These Terms shall be governed and interpreted exclusively in accordance with the laws of the Kingdom of Spain, excluding its rules on conflict of laws, unless, if you reside in the EU, the legal consumer protection provisions of your country of residence contain provisions that are more beneficial to you, in which case such provisions may apply. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. You may initiate judicial proceedings related to the Services before a
competent Spanish court. If you reside in the EU, you may also initiate judicial proceedings related to the Services before the competent court of your country of residence. If you reside in the EU, we can only initiate judicial proceedings against you in your country of residence unless you are acting as a business, in which case you agree to submit to the exclusive jurisdiction of the Spanish courts.

By accepting these Terms, you agree to be bound by them.