REBUILDING TECHNOLOGY PTE. LTD. (hereinafter "DiDi" or "Company"), is a company duly incorporated under the laws of Singapore, having its offices at 163 Tras Street # 03-01 Lian Huat Building Singapore (079024).

This application is hereinafter referred to as "DiDi Food"

DiDi, and in some countries, its affiliated companies, through a technological platform provide the intermediation service between Users, Delivery Partners and / or Stores (hereinafter the "DiDi Service", the "Service" and / or the “Services”) so that they can contact each other and can organize and plan online the request and provision of food, beverage and/or consumption goods (hereinafter the “Goods”) delivery services by Delivery Partners and / or Stores.

The person who accesses, navigates or uses DiDi Food or DiDi websites related to DiDi Food to contact Delivery Partners and / or Stores hereinafter referred to as "User".

The person who accesses, navigates or uses DiDi Food or the DiDi websites related to DiDi Food to be contacted by the User in order to organize and plan online the provision of food, beverage and consumption goods delivery services, directly, Independent, at their own risk and sole responsibility, they will be called "Delivery Partner".

Notwithstanding the foregoing, both Users and Deliver Partners acknowledge that Stores will be able to deliver Orders directly to Users.

The person who offers food, beverage and consumption goods directly, independently, at his / her own risk, sole responsibility and ensuring compliance with all applicable legal requirements, and sometimes directly delivers the Orders and who accesses, navigates or uses DiDi Food or DiDi websites related to DiDi Food in order to be contacted by the User in order to organize and plan online the request and provision of services for the preparation, marketing and delivery of food, beverage and consumption goods, directly, independently, at their own risk, risk and exclusive responsibility or Through a Delivery Partner it will be called "Store" and / or "Stores".

The User's request to Delivery Partners and / or Stores for the provision of the services of preparation, marketing or delivery of food, beverage and consumption goods will be referred to hereinafter as the "Order" and / or "Orders".

The use of the Services by the Delivery Partner will be governed by these DiDi Food Terms and Conditions of Use (hereinafter referred to as "Terms and Conditions").

The Parties declare and represent that there is not, nor will there be, a direct or indirect employment relationship between the Company, DiDi Food or any related entity and the Delivery Partner. Local labor regulations will not apply in the relationship between the Company, DiDi Food or any related entity and the Delivery Partner. The Company, DiDi Food and any related entity do not direct, instruct, control, or supervise the Delivery Partner at any time, even during the provision of delivery services or the use and / or maintenance of the means of mobility used for their provision. The Delivery Partner reserves the exclusive right to determine when, where and for how long to use DiDi Food. Furthermore, the Company is the one who provides the Services to the Delivery Partner, being the latter's contractor. In turn, the Delivery Partner provides services related to the Orders to the User.

Before using DiDi Food, please read these Terms and Conditions carefully. By using the DiDi Food Delivery Partner account and password, the Delivery Partner can log into DiDi Food. However, the Delivery Partner may not enjoy the Services in their entirety until they have uploaded all required documents and information, been approved by DiDi and agree to be bound by all Terms and Conditions of Use.

If the Delivery Partner selects and uses the Services, the Delivery Partner will be deemed to have read and accepted in their entirety all the Terms and Conditions and agrees with them, which are legally binding between the Delivery Partner and the Company. The Delivery Partner must observe the Terms and Conditions in good faith when using DiDi Food. The Delivery Partner acknowledges that the ability to provide delivery services on Orders through the use of DiDi Food does not make DiDi a provider of transportation, courier, postal service, logistics or delivery, or a carrier or provider of food and drinks of any kind.

These Terms and Conditions are applicable to all Delivery Partners and are subject to change at any time as a result of adjustment in Didi's commercial policy. The Delivery Partner should frequently visit and check the website and / or the DiDi Food site to keep up to date with the Terms and Conditions in force at the time. The notices, terms or other requirements expressly specified or integrated into the DiDi Food website and / or site are an integral part of these Terms and Conditions. Certain Terms and Conditions may be superseded by the specific more up-to-date legal notices, terms or requirements integrated into the website and / or DiDi Food site. By accepting these Terms and Conditions, the Delivery Partner accepts that he has carefully read and accepted the referred, modified or replaced terms. If the Delivery Partner continues to use the Services provided by the Company, the Delivery Partner will be deemed to have accepted the updated Terms and Conditions, otherwise the Delivery Partner must immediately stop using DiDi Food.

These Terms and Conditions expressly supersede prior contracts or agreements that the Company has entered into with the Delivery Partner for the purpose of using DiDi Food and the Services. DiDi may immediately terminate these Terms and Conditions or stop providing the Services with respect to the Delivery Partner, or stop offering or denying access to the Services or any part thereof, if DiDi considers that there is a breach by the Delivery Partner of these Terms and Conditions.

DiDi reserves the right to refuse to provide the Services to the Delivery Partner or to refuse the use by the Delivery Partner of the website and / or the DiDi Food site and / or of the websites, services or portals of DiDi contact

DiDi Food reserves the right to seek solutions to disputes that arise on the occasion of DiDi Food Conductor, however, in any case it may unilaterally terminate the provision of any service object of these Terms and Conditions to the Delivery Partner, or in general, stop offering or denying access to DiDi Food and its services or any part thereof, if DiDi Food considers that the Delivery Partner has incurred in any breach of the Terms and Conditions.

Similarly, the Delivery Partner declares to know that he uses the DiDi Services at his own risk and on his own account.

1. Subscription of the Deliveery Partner

1.1 In order to use and subscribe to the Online Services, the Delivery Partner must download DiDi Food, install it on their mobile device and successfully complete the procedure for signing up and creating their Account. When registering, the Delivery Partner must ensure that all information provided is correct, complete and valid.

1.2 To complete the subscription, the Delivery Partner authorizes DiDi to carry out a verification directly by a specialized company contracted by DiDi for such purposes. Only if the resolution of the specialized company is positive and the Delivery Partner meets the other requirements, the Delivery Partner will be registered in DiDi Food.

1.3 The Delivery Partner acknowledges and agrees that they will be responsible for all activity that occurs in their Delivery Partner account (the "Account") and agrees to maintain the security and confidentiality of their username and password at all times.

1.4 The Delivery Partner acknowledges and agrees that once is registered in DiDi Food, the Account will be opened by default. The default Account and password will be the Account and password for the Delivery Partner Account. DiDi may implement mechanisms to verify the identity of the account holder such as verification of records, documents, passwords, data, facial recognition systems, among others.

1.5 By registering with DiDi Food the Delivery Partner agrees to receive relevant emails, phone calls, push notifications, SMS from DiDi and authorizes DiDi to display their profile and contact information, including name, phone, email and photo, to display their credibility to Users and allow Users and Stores to contact the Delivery Partner.

1.6 The Delivery Partner must have full capacity in accordance with the applicable law in their jurisdiction. A person under 18 years of age cannot become a Delivery Partner.

1.7 DiDi no asume responsabilidad por Socios Repartidores que violen la disposición de mayoría de edad, y sus responsables, tutores o acudientes, por lo que, en dicho caso, serán los responsables, tutores o acudientes quienes asumirán directamente cualquier responsabilidad y consecuencia relativa a los presentes Términos y Condiciones. El Socio Repartidor no cederá o transferirá de ninguna forma la cuenta vinculada a su nombre para efectos de DiDi Food a ninguna persona natural o jurídica.

2. Services

2.1. The User who accesses, browses or uses DiDi Food or DiDi's websites may enjoy coordinated online delivery services of food, beverages and consumption goods from the Stores ("Products") according to their needs, through the interaction of online information and offline real-time and efficient matching of offline resources through Big Data analysis ("Delivery Services"). By using Didi Food, the User will be able to enjoy the Delivery Services and receive the Products from the Delivery Partner who receives the requests and the Order information through DiDi Food. Through the use of DiDi Food, the Delivery Partner can enjoy the Services, which include, but are not limited to, obtaining information about the User's Order and obtaining proportional income from the Order through DiDi's fee collection and distribution service.

2.2. The Delivery Partner will see the requests and Orders for the Delivery Services that the User requests through DiDi Food, and DiDi Food will provide the Delivery Partner with certain User information, recipient information, information about the Store in which the Delivery Partner you will need to collect the Products, the delivery time estimated by Didi Food, and the User's instructions through DiDi Food, including the collection locations and destination of the corresponding Products to be delivered.

2.3. The Delivery Partner acknowledges and accepts that it is solely responsible for determining the most efficient and safe procedure to carry out each Delivery Service. The Delivery Partner will make every effort to package and deliver the Products safely and on time, and if applicable, in accordance with the applicable regulations. The Delivery Partner will be responsible for any loss, contamination or toxic substance related to the Products, due to the inefficient or inappropriate way to carry out the Delivery Services or due to deficient sanitary measures in the delivery box where the Products are transported ( "Delivery Box"). The Delivery Partner will be responsible for the delivery of Orders out of time, or if the Order is delivered to an incorrect address or an incorrect recipient.

2.4. In this sense, the Company reserves, at its sole discretion, the right to make compensation on the fees of the Delivery Partner in cases of non-compliance with what is agreed in the Terms and Conditions or what is included in the policies related to them. In cases of fraud; theft, breach of trust, or any dishonest, fraudulent or illegal conduct, the account of the Distributor Partner with DiDi Food may be suspended or canceled without prejudice to any other measures that may be applicable.

2.5. The Delivery Partner acknowledges and accepts that once he has received the Order and until it is delivered to the User, he is solely responsible for guaranteeing the sanitary quality of the Products, which makes said Products suitable and suitable for human consumption, including that they are preserved, and that for no reason they can be transported in vehicles intended for the transport of pesticides, plant nutrients, toxic or dangerous substances or corrosive cleaning products.

2.6. The Delivery Partner must be properly equipped with the tools, equipment and other materials necessary to provide the Delivery Services, assuming the expenses corresponding to their acquisition and maintenance. This kit may include a Delivery Kit that includes: Delivery Box, clothing, etc.

2.7. Before accepting the User's Order ("Order Acceptance"), the Delivery Partner may be in the waiting period for the Order, during which the Company will provide the Order information and any Order specifications by of the users. According to the interaction of online and offline information in real time and the effective matching of offline resources through Big Data analysis, DiDi Food will send the Order information to the Delivery Partner, taking into account the Most suitable user and the closest order to the delivery partner. The Company's Service to the Delivery Partner begins once the Delivery Partner accepts the Order requested by the User through DiDi Food and ends when the Products are delivered to the User.

2.8. The Delivery Partner, as an independent provider of the Delivery Services, will provide the User with Delivery Services offline.

2.9. The Delivery Partner will carry out on his own account the treatment of any personal information to which he has access during the Delivery Services and the delivery of the Orders, exclusively for purposes previously authorized by the respective owner of the personal data (such as providing the Delivery Services) and in accordance with the requirements established by Law.

2.10. 2.10 Didi is not responsible for the interaction between the Delivery Partner and other Delivery Partners, or Stores or Users. However, Didi reserves the right to block access to DiDi Food or to limit it in the event of damage to morals or good customs in the interaction between Delivery Partners and other Delivery Partners, Stores or Users.

2.11. The Services require the Delivery Partner to submit certain personal information to the Company. The Delivery Partner agrees to keep the personal information required by DiDi Food accurate, complete and up-to-date. Failure to do so may result in the Distributor Partner's inability to access or use the Services. For further reference, review the terms established in the Privacy Notice.

2.12. The relationship between the Delivery Partner and the Company is exclusively that of an independent service provider where the Company provides Services to the Delivery Partner and the latter provides Delivery Services to the User. The Delivery Partner expressly accepts that: (a) these Terms and Conditions are not an employment contract, nor do they generate any employment or subordination relationship from the perspective of the applicable labor legislation; and (b) there is no commercial partnership or agent relationship between the Company and the Delivery Partner.

2.13. Taking into account that the relationship between DiDi and the Delivery Partner does not constitute a labor relationship, DiDi, DiDi Food, or any related entity will not have any responsibility or obligation derived from the relationship with the Delivery Partner, including labor obligations, contributions to social security, health and safety at work, pension contributions, insurance or any other benefit that is not applicable in an independent service provider relationship.

3. Delivery Services

3.1. The Delivery Partner acknowledges and accepts that at all times:

3.1.1. You will have and maintain a valid and current driver's license, the ownership or circulation card and the vehicle insurance, when the transport and delivery is carried out using a car or motorcycle;

3.1.2. You will obtain all the permits and authorizations from the competent authority that are necessary to provide the Delivery Services to the Users, in accordance with the applicable law in your jurisdiction;

3.1.3. You will have the appropriate level of training, experience and knowledge to provide the Delivery Services in a professional manner, with due care and diligence;

3.1.4. It will provide Delivery Services with professionalism and in accordance with the standards of the Delivery Services industry.

3.1.5. It will fully assume the costs and expenses of acquisition and maintenance of all equipment, tools and other materials that are necessary to provide the Delivery Services, including the Delivery Kit and the required clothing;

3.1.6. It will maintain the quality of the Delivery Service, ensuring the correct delivery of the Products and safety when driving the corresponding vehicle.

3.1.7. It will maintain adequate sanitary measures to avoid losses, contamination or toxic substances in the Products.

3.1.8. It will not transport objects whose transport is prohibited by applicable law, as well as objects that by their nature or packaging endanger the Delivery Partner or the general public.

3.2. The Delivery Partner acknowledges and agrees that the Company reserves the right to refuse to provide the Services to the Delivery Partner or to refuse the use of the website and / or the DiDi Food site and / or the websites, services or applications. of DiDi if the Delivery Partner does not comply with the obligations of these Terms and Conditions or their related documents such as community policies or guidelines, among others.

3.3. The Delivery Partner acknowledges and accepts that Users may choose to cancel the Orders that have been accepted by the Delivery Partner through DiDi Food at any time prior to their arrival at the pickup locations or Stores. In this case, the Delivery Partner may charge the User, through DiDi Food, a cancellation fee. If charged, this cancellation fee will be deemed the Delivery Fee for the canceled Delivery Services, for the purpose of being remitted to the Delivery Partner.

3.4. The Delivery Partner acknowledges and accepts that the provision of Delivery Services to Users creates a direct business relationship between the Delivery Partner and the User. The Delivery Partner will be solely responsible for any obligation or liability towards the Users, the recipients of the delivery, those who receive the Orders, or other third parties that arise within the framework of the provision of the Delivery Services. Consequently, it will correspond to the Delivery Partner:

3.4.1. To attend in accordance with the laws that are applicable to the provision of its Services, claims, requests for guarantees, returns, cancellation, retraction, reversal that are presented by Users directly to the Delivery Partner or communicated through DiDi Food.

3.4.2. Provide the return of money directly or through DiDi Food that corresponds when requests for return or cancellation are generated by Users and that are appropriate, whether they are presented directly to the Delivery Partner or communicated through DiDi Food.

3.4.3. Address, in accordance with the laws that are applicable to the Delivery Partner, the claims of third parties on account of attributable behaviors that are presented directly to the Delivery Partner or communicated through DiDi Food.

4. Obligations and Guarantees

4.1. Regarding the Delivery Services, the Delivery Partner represents and declares that:

4.1.1. They will comply with any mandatory requirement to be a Delivery Partner, established by any law, regulation or any other applicable norm;

4.1.2. will use a Delivery Kit in accordance with the applicable regulations;

4.1.3. They will have a valid and current driver's license, when the transport and delivery of the Products is carried out using a car or motorcycle;

4.1.4. They will have an insurance policy for civil liability for damages against third parties, when the transport and delivery of the Products is carried out using a car or motorcycle;

4.1.5. they will wear helmets and protections when the transport and delivery of the Products is carried out using motorcycles and bicycles;

4.1.6. they will behave well when driving the vehicles they use;

4.1.7. speak Spanish as a native language;

4.1.8. they will have a clean slate certificate criminal record;

4.1.9. They will not have a criminal or administrative record for dangerous driving;

4.1.10. have no criminal or administrative record of driving while intoxicated;

4.1.11. They will comply with the requirements of the Data Protection Law in the treatment that they carry out on their own account on the personal data that is potentially communicated to them.

4.1.12. You will not present yourself as a DiDi worker as you are not and will not be for any reason.

4.1.13. He does not suffer from or has manifestations of the following diseases or acts that could put the safety of the Delivery Partner and third parties 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;

• Any other condition or act similar to the previous ones provided for in the laws and regulations applicable in your jurisdiction.

4.2. The Delivery Partner acknowledges and accepts that DiDi is an intermediary between the Store, the Delivery Partner and the User. In developing the Delivery Services, there will be a need to clear the accounts between the previous agents, consequently, you must comply with the compensations and assignments indicated in DiDi Food. The foregoing without prejudice to being able to file a claim when it considers that there is an error in the indications of compensation and assignments. To that extent, the cash in which a position is held will be held by a simple depositary, with the duty and obligation to deliver it to whoever corresponds in accordance with the assignments and compensation indicated in DiDi Food.

4.3. The vehicle with which the Delivery Services are provided will be suitable for the activity to be carried out and must at least comply with the following parameters, without prejudice to what is indicated by the applicable regulations:

For delivery vehicles consisting of cars and motorcycles.

i. The vehicles must contain the Delivery Kits, which must be dry, clean, resistant to corrosion, heat, humidity, dryness, be waterproof, non-toxic, allow the Products to be properly preserved, avoid risks of contamination of the Products, be in good condition and can be easily cleaned;

ii. The Delivery Partner must have possession or legal ownership of the vehicle with which they provide the Delivery Services registered with Didi Food;

iii. Have a valid and current driver's license, property card and valid vehicle insurance;

iv. The vehicle registration or plate must be clear;

v. The glass of the vehicle must have a protective film, if it is a car;

saw. Certificates and vehicle parts must be complete;

vii. Any other matter prescribed by the laws, regulations and other applicable standards in the jurisdiction where the Delivery Services are provided.

For deliveries by bicycle.

i. Carry a Delivery Kit, which must be dry, clean, soft, resistant to corrosion, heat, humidity, dryness, be waterproof, non-toxic, that allows the Products to be properly preserved, avoid risks of contamination of the Products in good condition and easily cleanable;

ii. Any other matter prescribed by the laws, regulations and other applicable standards in the jurisdiction where the Delivery Services are provided.

4.4. The Delivery Partner must keep all the hardware or software of the mobile device updated so that it complies with the requirements that are in force for DiDi Food. The Company is not responsible for any problems that may arise when the Delivery Partner uses an outdated version of DiDi Food and / or uses DiDi Food on any mobile device that does not comply with current DiDi Food requirements. The Delivery Partner agrees that the Company may update the mobile phone hardware and software requirements applicable to DiDi Food from time to time.

4.5. By using the Services, the Delivery Partner also agrees to the following:

i. The Delivery Partner will use the Services and DiDi Food in good faith;

ii. The Delivery Partner will NOT use DiDi Food or any of its functionalities to commit fraud, damage or harm of any kind against Users, other Delivery Partners, Stores, DiDi or third parties. DiDi Food reserves the right to suspend the Delivery Partner account to prevent, mitigate or terminate such conduct or even protect the Delivery Partner account.

iii. The Delivery Partner will use the Services and DiDi Food for personal use only and will not resell or market them in any way to third parties;

iv. The Delivery Partner will not use the Services or DiDi Food for any illegal purpose;

v. The Delivery Partner will not use the Services or DiDi Food to harass or obstruct others or cause inconvenience to others;

vi. The Delivery Partner will not affect the normal operation of the network;

vii. The Delivery Partner will not attempt to damage the Services or DiDi Food; and

viii. The Delivery Partner represents and guarantees that they will comply with all applicable laws, regulations and other standards of the country / region, province / city and / or district in which the Delivery Partner uses Didi Food or the Services, in accordance with Annex No. 1.

ix. The Delivery Partner knows and accepts the DiDi and DiDi Food Community Guides which establish general rules for the use of the websites, content and services offered through the DiDi platforms, available at DiDi Food.

x. The Delivery Partner will not affect, violate, ignore or infringe intellectual property rights of third parties or engage in unfair competition behavior, violations of the rights of Users, Partners or third parties, fraud of any kind or violation of regulations applicable to the activity of the Delivery Partner. In the event of a claim against the Delivery Partner directly or communicated through DiDi Food, it must be addressed directly by the Delivery Partner immediately, without prejudice to DiDi Food's right to suspend or cancel the respective account if it is estimated necessary.

5. Services and Consideration

5.1. For each Order, DiDi offers the Delivery Partner, the Store and the User a technological mechanism for calculating the consideration for the Delivery Services of the Delivery Partner (“Delivery Fee”) , which calculates the delivery rate with an algorithm that takes into account a base rate, the traffic, the duration of the Order and distance from the pickup locations to the destination of the corresponding Products to be delivered.

5.2. The Delivery Partner agrees that the Company may enter into an agreement with the Delivery Partner on a regular or eventual basis for the aforementioned cooperation, based on the settlement standard regularly updated by DiDi Food. The Delivery Partner acknowledges and accepts that DiDi may contract a third party who, on behalf of the Company and the Delivery Partner, collects the amounts related to the Delivery Services from the Users to facilitate and promote technological means of payment.

5.3. The Delivery Partner acknowledges and accepts that it will be responsible for the payment of taxes and other contributions applicable to the Delivery Services and the income derived from them, or from any other activity, including, but not limited to, taxes levied on sales and taxes on income, as well as the presentation of the corresponding declarations to the competent tax authority (if applicable).

5.4. The Delivery Partner acknowledges and accepts that the billing process for the Services fee can be adjusted in accordance with the regulation in force at the moment of the issuance.

5.5. Telecommunications services and related fees, which may be incurred when using DiDi Food, are provided and charged by the relevant telecommunications operators, not by DiDi, and will be at the cost and expense of the Delivery Partner himself.

6. Responsibility of the Delivery Partner for Breach

6.1. The Delivery Partner will provide Delivery Services as per the representations and warranties of this Terms and Conditions and the applicable laws and regulations in the national and local jurisdiction where the Delivery Partner operates. The Delivery Partner will perform the Delivery Services in good faith, and must not:

i. disclose any inaccurate or incomplete information;

ii. disclose User information;

iii. Willfully leaving the Products in an incorrect location;

iv. deliberately deviating from your delivery route extra charge the User;

v. illegally charging extra fees;

vi. perform off-line Delivery Services with the information obtained from DiDi Food;

vii. request additional payments or tips from Users, not via DiDi Food regarding and Order requested via DiDi Food;

viii. take physical actions against the User who complained about their service or the quality of the Products or made unsatisfactory comments about their Delivery Service;

ix. Insult Users or employees and / or collaborators of the Store which provides the Products;

x. xii. commit dishonest or fraudulent conduct in order to obtain a higher performance or any financial advantage through the use of the DiDi platform;

xi. xiii. be in any physical altercation with the Users, or commit illegal acts, such as fights, brawls, theft and obscenity.

Any conduct described in items i) to xi) above is hereinafter referred to as the "Illegal Act".

6.2. If the Delivery Partner performs Illicit Acts, the Delivery Partner will be considered to be in breach of these Terms and Conditions regardless of whether the User, third parties and / or Stores file complaints against him or not, and the Company has the right to terminate the cooperation with the Delivery Partner as the case may be. The Company has the right to demand that the Delivery Partner pay full compensation for the loss or damage caused by the Unlawful Act.

6.3. After accepting the request for the Order (“Acceptance Order”), the Delivery Partner will not cancel the Order, nor will it reject the provision of Delivery Services to the User, nor will it induce or force the User to cancel the Order (hereinafter, "Cancellation after Acceptance Order"), unless the vehicle is disabled to provide services, or any other legitimate reason based on existing laws or regulations in the jurisdiction of the Delivery Partner. The Delivery Partner accepts and authorizes the Company to monitor the data regarding the cancellation after the Acceptance Order. Improper cancellation after the Acceptance Order will be judged at DiDi's sole discretion and will be considered as a breach of these Terms and Conditions.

6.4. If the Delivery Partner breaches any agreement it has entered into with DiDi or its affiliates, the Company may, at its sole discretion, resolve these Terms and Conditions with the Delivery Partner, as the case may be.

6.5. The Delivery Partner agrees to indemnify the Company and the Company's shareholders, officers, directors and employees, immediately, for any claims, claims, liability, damages, costs and expenses, including legal fees, arising as a consequence of any breach by part of the Delivery Partner of these Terms and Conditions concluded between the Delivery Partner and DiDi or any other non-contractual liability arising from the use of DiDi Food and provision of the Delivery Services by the Delivery Partner.

6.6. The Delivery Partner acknowledges and agrees that, upon completion of any Delivery Service, DiDi Food may request the Service User to rate and rate such Delivery Service and, optionally, provide comments or opinions on the Delivery Partner in relation to such Delivery Service.

6.7. To continue to have access to DiDi Food as a Delivery Partner, the Delivery Partner must follow the best practices and regulations of the DiDi Food community.

6.8. Any conduct to obtain concessions, rewards or other benefits through any form of deceptive behavior or fraud, including acts of resale or commercialization, are contrary to these Terms and Conditions and the applicable legal regulations, for which the Company will oppose such conduct and will take the necessary dissuasive, preventive and / or corrective actions. The Delivery Partner will assume the responsibilities of said misleading or fraud behaviors, and the Company reserves the right to initiate legal actions against the Delivery Partner that proceed against them.

7. Suspension and Termination

7.1. The Company will determine, at its sole discretion, if the Delivery Partner has breached these Terms and Conditions, in which case, the Company may take the measures it deems appropriate.

7.2. A breach of these Terms and Conditions may result in the following measures:

i. Notification of the breach incurred and reiteration of the corresponding obligations and the consequences in case of not fulfilling them;

ii. Notification to the competent authorities about acts that imply breach of the Terms and Conditions or the applicable legal provisions, as well as any relevant data;

iii. Immediate, temporary or permanent suspension of the right of the Delivery Partner to use DiDi Food and provide the Services through it; and

iv. Legal actions against the Delivery Partner to claim the damages caused to DiDi or its affiliates, for causes attributable to the Delivery Partner (including, without limitation, reasonable administrative, legal and legal costs) as well as any other additional legal actions that may apply. against the Delivery Partner.

3. Local Regulatory Restrictions

3.1. DiDi Food is not directed to any person in any jurisdiction in which (due to nationality, residence, location or other reason) the access, use or availability of DiDi Food is prohibited or is subject to any restriction or prohibition, including requirements registration or other requirements within said jurisdiction. DiDi reserves the right to limit access to DiDi Food to anyone. People who access DiDi Food do so on their own initiative and will be responsible for complying with the applicable legal provisions. DiDi will not be liable to the Delivery Partner for any loss or damage, whether in accordance with a contractual stipulation, for civil liability (including negligence), breach of a duty under the law or for any other reason, even if foreseeable, derived from or related to the use of Didi Food by a person in a jurisdiction where access to, use or availability of DiDi Food is prohibited or subject to any restriction or prohibition. In case of doubt, the Delivery Partner must obtain independent legal advice.

4. No Warranties

9.1 DiDi and its affiliates provide, and Delivery Partner accepts,the Services on DiDi Food and relevant DiDi websites "as is" and "as available". DiDi and its affiliates do not represent, warrant, or guarantee that your access to or use of the Services or DiDi Food will be uninterrupted or error-free, nor do they guarantee Delivery Service requests. DiDi and its affiliates function as an application or that allows Users to contact, organize and schedule delivery services, and do not make representations or guarantees regarding the actions or inactions of Users or recipients of the Orders that they may request or receive through of the Delivery Services provided by the Delivery Partner. Neither DiDi nor its affiliates evaluate Users or delivery recipients. By using the DiDi and DiDi Food services, the Delivery Partner acknowledges and accepts that it may be presented to a third party that may cause damage or risk to the Delivery Partner or third parties. The Delivery Partner is advised to take reasonable precautions with respect to interactions with Users and third parties in connection with the use of the Services and DiDi Food. DiDi and its affiliates are not responsible for any act or omission of the Delivery Partner, any User, Store or other third party.

9.2 Except as expressly set forth in these Terms and Conditions, there are no other express or implied warranties, conditions, and representations granted by DiDi (including, without limitation, guarantees of satisfactory quality, fitness for purpose, or skill and care), therefore that are excluded by this stipulation when the applicable legislation allows it.

10. Limitation of DiDi's Liability

10.1. Information and Services recommended to the Delivery Partner on the DiDi or DiDi Food websites are for the reference of the Delivery Partner only. DiDi will use reasonable efforts to ensure the accuracy of such information. However, DiDi does not guarantee that such information is free from errors, defects, malicious software, or viruses.

10.2. DiDi will not be liable for any damages resulting from the use of, or any inability to use, the DiDi or DiDi Food websites. Additionally, DiDi will not be liable for any damages resulting from the use of, or any inability to use, the electronic communication tools on the DiDi or DiDi Food websites, including, without limitation, any damage caused by a failure in transmission, Internet malfunction or delay of electronic communication, interception or manipulation of electronic communication by a third party, computer program used for electronic communication, transmission of viruses, power failure, strikes or any other labor dispute, riots, insurrection , upheaval, earthquake, fire, flood, storm, explosion, war; governmental act, order of the judicial or administrative authorities, or any other event of fortuitous event or force majeure or omission of third parties.

10.3. DiDi will not be liable for any lost profits, indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, loss of data, personal injury or property damage related to any use of the Services, or of in any other way, regardless of the negligence (whether active, affirmative, sole or concurrent) of DiDi, even if DiDi has been informed of the possibility of such damages.

10.4. DiDi does not guarantee the accuracy, completeness, adequacy and reliability of the information and content of the DiDi Food or DiDi websites, including but not limited to text, images, data, opinions, web pages or links, despite their best efforts. Reasonable for providing accurate, complete and accurate information, to the extent possible. DiDi is not responsible for any errors or omissions, nor does it make any express or implied warranties to the Delivery Partner.

11. Authorization and License

11.1. Subject to the Delivery Partner's compliance with these Terms and Conditions, DiDi grants the Delivery Partner a limited, non-exclusive and non-transferable license to download and install a copy of Didi Food on a single mobile device owned or controlled by the Delivery Partner. to use said copy solely for the personal use of the Delivery Partner himself.

11.2. The Delivery Partner may not: (1) license or sub-license, sell, resell, transmit, assign, distribute or otherwise commercially exploit or make the Services or Didi Food or other applications available to third parties in any way; (2) modify or create derivative works, based on the Services or Didi Food or other applications; (3) create Internet “links” to the Services, or “frame” or “reproduce” Didi Food or other applications on any other Internet-based or wireless server or device; (4) carry out reverse engineering or access Didi Food or other applications for the purpose of designing or creating a competitive product or service, designing or creating a product using ideas or graphics similar to the Services or Didi Food or other applications, or copy any ideas, features, functions or graphics from the Services or Didi Food or other applications; or (5) launch an automated program or script, or any program that can make multiple requests to servers per second, or that unduly hinders or obstructs the operation and / or performance of the Services or Didi Food or other applications.

11.3. Likewise, the Delivery Partner must not: (1) send spam or duplicate or unsolicited messages in violation of these Terms and Conditions and applicable laws; (2) send or store material that is infringing, obscene, threatening, defamatory, or otherwise illegal or illicit, including material that infringes the privacy rights of Users and 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 DiDi, Didi Food or Services websites or the data contained therein; or (5) attempt to gain unauthorized access to the DiDi website, its applications, Didi Food, the Services, or related systems or networks.

11.4. DiDi will have the right to investigate and take legal action for any of the aforementioned breaches to the broadest scope permitted by law. DiDi may initiate and participate in lawsuits and actions against any Delivery Partner that has breached these Terms and Conditions and assist the authorities in charge of public order in the actions carried out against illegal acts committed by the Distribution Partner.

11.5. If DiDi determines that any content violates these Terms and Conditions or otherwise harms the DiDi website, DiDi Food and / or related Services or applications, DiDi reserves the right to remove or prohibit access to such content in any moment without prior notification to the Delivery Partner.

12. Intellectual Property Policies

12.1. DiDi and its affiliates own the intellectual property rights in all content distributed on DiDi Food, including, without limitation, the software provided and related products or services, and such intellectual property rights are protected by law. The lack of a declaration of ownership of certain content does not imply that DiDi or its affiliates do not own it or cannot enforce their rights over it, and the Delivery Partner will respect the legitimate rights and interests of the owner and will use such content legally in accordance with applicable laws and regulations and the principle of good faith.

12.2. Without the written consent of DiDi, no natural or legal person will use, copy, modify, make extracts from, include with other products for their use or sale, link or transmit via a hyperlink, store in an information retrieval system nor will it use for any other commercial purpose any part of the software, the products or services, the information or the words mentioned above in any way under any circumstances, except for downloading or printing for personal non-commercial use, with the understanding that no modification will be made to the foregoing, and that the declaration of copyright or other ownership contained therein will be preserved.

12.3. The trademarks and logos (hereinafter collectively referred to as "Trademarks") used and displayed in the software shall constitute the Trademarks, registered or unregistered, of DiDi and its affiliates in the contracting industry, delivery services and other fields. related, which are protected by law. No person shall use the names “DiDi”, “DiDi Chuxing”, “DiDi Hailing” or similar names, as well as the Trademarks in any way without the prior written consent of DiDi.

12.4. If the Delivery Partner prints, copies, downloads, modifies or links any part of the content available through the Didi Food website or application, in breach of these Terms and Conditions, the Delivery Partner's right to use the websites of the Company, the Didi Food application and other applications may be suspended or terminated immediately and the Delivery Partner shall, at the Company's discretion, return or destroy any copies (electronic or otherwise) of the materials he has made.

13. Confidentiality

13.1. The Delivery Partner acknowledges and agrees that, in the provision of the Delivery Services, they may have access or be directly or indirectly exposed to confidential information ("Confidential Information"). Confidential Information includes the data of DiDi and its affiliates, the identifications of the suppliers and Stores, the User information, the information of the recipient of the delivery, the information of the suppliers and Stores, the Order information, the marketing plans. and DiDi's business, financial, technical, operational and any other non-public information (whether disclosed in writing or verbally to the Delivery Partner). Therefore, the Delivery Partner acknowledges and agrees not to disclose Confidential Information to any third party and shall return or destroy all Confidential Information, once these Terms and Conditions are terminated or at DiDi's request they are canceled.

13. Third Party Links and Services

14.1 When using relevant websites and applications, DiDi may from time to time provide the Delivery Partner with links or hyperlinks to websites or applications that are owned and controlled by third parties to facilitate communication with the User, purchase products or services or participate in activities. promotional offers offered by such third parties. By clicking on such links or hyperlinks, the Delivery Partner will leave the DiDi or DiDi Food websites and visit websites or applications hosted by third parties that are outside of DiDi's control and have formulated their own terms, conditions and privacy policies. Therefore, DiDi will not be responsible for the content and activities of such websites or applications, nor will DiDi assume any obligation to the Delivery Partner in relation to it. It is the sole responsibility of the Delivery Partner to fully understand the content and activities of said websites and the latter will exclusively assume the legal responsibility and risks derived from browsing or accessing said websites and applications.

14. Validity

14.1. These Terms and Conditions will begin to take effect from the date that the Delivery Partner accepts their content (either electronically or in any other way) and will remain in force until their termination in accordance with the provisions contained in these Terms and Conditions.

14.2. Each of the parties can terminate these Terms and Conditions: (a) without the need to present any reason, with a written notice of seven (7) calendar days (including electronically) to the other party; (b) immediately, without prior notice, for breach of these Terms and Conditions; (c) immediately, without prior notice, in the event of bankruptcy or declaration of insolvency of the other party.

Without the following causes being limiting, the Company may terminate these Terms and Conditions immediately and without prior notice if the Delivery Partner:

i. You are unable to provide the Services in accordance with applicable laws and regulations in the jurisdiction of the Delivery Partner, applicable regulations and / or policies of DiDi Food or the Company to provide Delivery Services or to operate means of transportation;

ii. You are accused of a crime;

iii. Contravenes or breaches these Terms and Conditions, policies or guidelines of the Company;

ii. The Delivery Partner violates or breaches any of these Terms and Conditions;

iii. In DiDi's sole discretion, if the Delivery Partner abuses DiDi Food, the Services or the DiDi websites. It does not comply with the provisions of this document.

14.3. Even if DiDi terminates these Terms and Conditions, the Delivery Partner will continue to be responsible for any damage or loss that may arise from non-compliance with these Terms and Conditions and applicable laws, as well as any damage or loss that may be caused as a consequence. of the provision of Delivery Services.

14. Force Majeure

14.1. In the event of a force majeure event, the affected party may temporarily suspend compliance with the obligations under its charge until the effect of such force majeure event ceases, and will not be in default; with the understanding, however, that said party will do its best to resolve said event and mitigate losses. Force majeure means any unpredictable and unavoidable event (even when foreseeable) beyond the control of the parties that prevents, affects or delays the performance by a part of all or any of its obligations under this instrument. Said causes include, without limitation, earthquakes, war, modification of laws, regulations and government policies, computer viruses, hacker attacks or suspension of services provided by telecommunications companies.

15. General Provisions

17.1. If the nullity, voidability or ineffectiveness of certain terms of these Terms and Conditions is declared, but the other terms may remain valid and their enforceability is not affected, DiDi will determine whether or not it will continue to comply with such other terms.

17.2. DiDi may on its website and / or in DiDi Food or by sending an email or text message to the email address or mobile phone number registered in the information of the Delivery Partner Account, make general notifications to Delivery Partners . The notifications, which may be published periodically, will constitute part of these Terms and Conditions.

17.3. The Delivery Partner may not assign or transfer 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 there is prior written consent from DiDi.

17.4. The Parties expressly acknowledge and accept that the electronic signature method used by the Delivery Partner to accept these T&C is valid and capable of guaranteeing the authenticity, integrity and non-repudiation of the content of these T&C. Consequently, the Parties agree that the electronic signature used by the Delivery Partner to accept these T&C, will have for all legal purposes, full validity, compliance and admissibility, in the terms of the Law

17.5. These Terms and Conditions have been written in English and Spanish. In the event of any contradiction or inconsistency between such versions, the English version will prevail.

15. Privacy Notice

These Terms and Conditions refer to the DiDi Food Privacy Notice that establishes the terms and conditions under which any personal data or information collected or provided by the Delivery Partner to Didi is processed, the same one that the Delivery Partner declares to know and to accept.

16. Applicable Law

These terms and conditions will be governed by applicable laws in Singapore. Any conflict, claim or controversy derived from or related to the breach, termination, resolution, compliance, interpretation or validity of these Terms and Conditions or the use of the DiDi or DiDi Food website, will be subject to the jurisdiction of the Center of Singapore International Arbitration (“CAIS”) in accordance with the current CAIS Arbitration Rules, rules deemed incorporated by reference into this clause. The number of referees will be one. The seat of the arbitration shall be Singapore. The language to be used in the arbitration proceedings will be English. The arbitrator's decision will be final and binding on the parties, except with regard to manifest error. The costs of the arbitrator shall be borne equally between the Parties or as directed by the arbitrator. The Delivery Partner in this act expressly and irrevocably renounces any other jurisdiction that may correspond to him by virtue of his present or future domiciles.

21. Survival

Even when these Terms and Conditions are canceled, terminated or annulled, the provisions related to the obligations of intellectual property, confidentiality and responsibility of the Delivery Partner, as well as the provisions related to applicable legislation and jurisdiction, will remain in force.