You have the right to know of every detail on how the Avvinue pet travel solution works, so we're making it crystal clear in the terms outlined below.
Last Updated: January 5, 2021
The T & Cs define the terms according to which AVVINUE allows the User to use the Solution free of charge.
The T & Cs constitute mandatory contractual provisions that bind the User to AVVINUE
FOLLOWING ACCEPTANCE, THE USER ACKNOWLEDGES TO BE BOUND BY THE T & Cs TOWARDS AVVINUE.
AVVINUE recommends that each User, upon receipt of the durable medium which will be addressed to him, to record and keep a digital version of the T & Cs.
Means the present general conditions of use of the Solution.
Refers to AVVINUE, a simplified joint stock company with capital of 500 euros, whose registered office is located at 57rue Président Edouard Herriot - 69 002 LYON, registered in the trade and companies register under number 882 975 998 RCS LYON, and represented by its president , Mrs Nicole CABA, working in the personal services business sector.
Refers to any person who uses the Solution as a non-professional. The User must accept the T & Cs of the Solution before using it.
Designates the SaaS solution accessible at the address https://www.avvinue.com/ and / or any suffixes and / or access fields that refer to this address, as well as via any shortcut and other application on the mobile phone, tablet or computer . The Solution can be a simple and useful networking tool, in the context of a move or relocation, allowing non-professional people concerned to come into contact with local partners working in the sector of activity of their needs. partners and to manage, via a personal interactive dashboard, the follow-up of its contacts and related procedures. The services likely to be offered by the partners present on the Solution, with a view to facilitating the relocation and / or relocation of the User, are, without obligation or exhaustiveness, immigration, transport solutions, concierge services. , housing, insurance, taxation, banking, language courses, translations, etc. A description of the functionalities of the Solution, at the date of the current version of the T & Cs, is given in the Appendix .
Designate all raw AVVINUE data, such as all information, files, questions, suggestions, remarks, data, databases, blog, content, studies, profiles, images, videos, files, reports, statements, charters, graphics , elements, emails, list of partners, actors and / or entities, etc., that AVVINUE makes available to Users as part of the regular operation of the Solution, whatever the form or date . The personal data of Users, which remain their respective property, do not fall within the definition of AVVINUE Data.
2. ABSENCE OF INTERMEDIATION OF AVVINUE - THIRD PARTY SITES AND BUSINESS ELEMENTS
2.1. The Solution is a technical solution intended to allow non-professional people having a project or being in the process of moving or relocating to contact local partners intervening in the sector of activity of their associated needs and manage, via a table of personal interactive board, the follow-up of its related procedures.
Following registration, the User has access to all the services offered by the partners present on the Solution. In this context, he finds all the services offered by these latter, on the date of his registration, and to which he can access.
Without, however, this cannot constitute an obligation for AVVINUE, which is not an intermediary, nor in any way responsible for these, such as interactions and / or transactions with the partners present on the Solution, these services may relate to the following needs : immigration, transport solutions, concierge services, housing, insurance, taxation, banking, language courses, translations, etc. other services, dependent on the offer of the partners present on the Solution, are progressive, indicative and not exhaustive.
The User can, from the Solution, and following registration, add or delete any service for which he would be interested to obtain the indication of local partners intervening in the corresponding sectors, in order to become attached or not with them.
Via the Solution, the User can also have access to all the status of his contact requests and / or services from the partners present on the Solution.
A first exchange of fifteen (15) minutes maximum is offered by AVVINUE to the User, in order to present his situation and his associated needs.
Finally, AVVINUE offers a sponsorship system on the Solution. The User can thus, without being obliged to do so, join the AVVINUE sponsorship program, at the end of which he can benefit from a commission of five percent (5%) on the total hors tax amount of a service offered by a partner. present on the Solution for each first service order from a new user sponsored by the User from a partner present on the Solution. The interested User must follow the dedicated procedure on the Solution. A referral link will be communicated to him, so that he can share it with any new user. The said new user must use the link thus communicated to justify the aforementioned commission (failing this, no commission could be founded, held back to the User).
LaSolution represents free technical assistance for linking, to the exclusion of any other object or use. In any case, it can not replace the legal and regulatory obligations applicable in terms of entry and stay in each of the territories concerned, to human resources, nor justify any exemption under the laws and regulations in force.
No other object or guarantee than those explained in the T & Cs is given by AVVINUE, which each of the Users recognizes and accepts. In particular, AVVINUE does not provide any intermediation between Users, nor between the User and the partners, with regard to the services offered by the latter and / or the conditions - in particular pricing - related. No liability of AVVINUE can therefore be sought in this regard.
The User's decision to collaborate with a partner identified on the Solution can in no way be attributed to AVVINUE. AVVINUE is in no way responsible for the consequences induced by any decision of the User and in particular, in the event of non-performance by any partner, irregularity and / or dissatisfaction of the User.
2.2. By the very object of the Solution and the presence of partners on the Solution, the Solution contains elements and / or hypertext links referring to websites managed by persons other than AVVINUE, over which the latter does not exercise any kind of control. control.
AVVINUE assumes no responsibility for these elements, sites or content to which these elements and sites may refer. The presence of these elements and hypertext links does not mean that AVVINUE approves, in any way whatsoever, the content considered. AVVINUE is not responsible for any modification or update concerning these elements and websites.
AVVINUE is not responsible for the transmission of information from them, nor for their malfunction or execution.
Users are solely responsible for any interaction and / or transaction carried out between them and / or with third parties, including in particular with the partners present on the Solution.
2.3. No provision of the T & Cs, nor any other agreement, would be deemed to place AVVINUE and any of the Users, within the framework of an association, company, EIG, a company as well as any grouping of law or fact or of a relationship of agency or commercial representation, employee relationship, agents or similar. AVVINUE cannot be linked to Users in relation to agreements made with partners, including those present on the Solution, AVVINUE does not provide any intermediation in this capacity but only a technical service for establishing contact.
3. CONDITIONS OF ACCESS AND REGISTRATION OF THE SOLUTION
3.1. The Solution is made available to Users free of charge by AVVINUE, under the conditions provided for in the T & Cs.
It is accessible via the web page https://www.avvinue.com/ of the AVVINUE website and / or any suffixes and / or access fields that would lead to this address. The User acknowledges having the skills and equipment (tablet, mobile phone, means of telecommunications, etc.) necessary to access the Solution. The User can, without registration, consult general information published by AVVINUE on certain topics of interest to relocation and associated needs, without however any obligation for AVVINUE as to the nature of the topics published. However, the User cannot contact the partners present on the Solution without registration. The User must in any case personally assume all the costs related to this equipment (telecommunications and network supply costs).
3.2. User registration is required to access the operating functionalities of the Solution, namely linking. The Solution is always free for the User.
This registration is materialized by :
(i) the creation , by the User, of an account on the Solution, according to the dedicated registration procedure;
As part of the creation of an account, AVVINUE needs to retrieve the User's information and personal data.As such, the User's last name, first name, email address, as well as the password chosen for connection to his account are requested. . Where applicable, AVVINUE will be justified in requesting any other information from the User, provided that it is useful for the regular creation of his account on the Solution or for the verification of AVVINUE in compliance with legal and / or regulatory obligations in force.
To this end, the User expressly authorizes AVVINUE to collect and process his personal information, for the purposes referred to in article 7 below. This authorization remains valid as long as the Users use the Solution and continues under the conditions defined in the Charter referred to in this same article 7.
It is following his registration that the User will be able to have access to the functionalities of the Solution and in particular to enter into contact with any partner present on the Solution.
(ii) express acceptance of the T & Cs , before any use of the Solution ;
(iii) express acceptance of the Charter governing the rules for the protection of Users' personal data, as specified in article 7 below, before any use of the Solution.
The User's registration engages him, any information transmitted in this context must be exact, authentic and sincere.
In order to benefit from the connection via the Solution with local partners intervening in the sectors sought by the User, the latter must complete directly on the Solution any additional useful information or data attached to the said services that he needs and in particular, without doing so. limit, in relation to his identity, his family situation, his animals, his expectations, his habitat, his insurance, his financial situation (non-sensitive data), his linguistic resources and capacities, etc. To do this, the User must access the “ services ” section on the Solution and choose the service (s) from which he wishes to obtain access to offers from local partners present on the Solution. On this occasion and in order to qualify his request (s), the information and / or additional data referred to may be requested.
As such, the User guarantees that :
§ any information provided to AVVINUE, directly or via the Solution, is complete, exact and precise, and that has regular rights of exploitation and distribution thereof,
§ that it will update the information transmitted so that it is always complete, authentic and accurate,
§ the use of the Solution does not and will not contravene public order, good morals, laws and regulations.
The User undertakes in any event to respond to all requests from AVVINUE, provided that they comply with the need to operate the Solution and / or to fulfill a legal obligation and / or regulatory.
A confirmation of the creation of the account, following registration of the User, will be sent to him, by any means written by AVVINUE.
3.3. The User's username and password are strictly personal and confidential and must under no circumstances be disclosed or shared with third parties. The User is personally responsible for their conservation, on a confidential basis, as well as for all actions, fraudulent or not, which would be carried out under his username and / or password. In the event of loss and / or forgetting of a personal password, the User must follow the dedicated procedure on the Solution. The User undertakes in any case never to use the account, username or password of another User.
The User agrees to close his session on the Solution at each end of use, in order to disconnect and ensure the security of his account. An automatic connection is possible, allowing the User to be automatically connected to his personal account, without the need to reconnect, for a successive period of fourteen (14) days maximum.
The User must inform AVVINUE, without delay, of any suspicion or unauthorized use of his account, via the contact form on the Solution or by email to the address : email@example.com / firstname.lastname@example.org.
Before any measure of its competence, AVVINUE will ask the User concerned for any additional information useful for the notification of the latter, to which the User undertakes to respond.
3.4. AVVINUE reserves the right not to validate the creation, to deactivate and / or to delete any account, following verification with the User concerned, after having requested all useful explanations, if its indications are not complete, exact or precise.
3.5. Following registration, the operating functionalities of the Solution consisting of putting in contact with the partners present on the Solution become accessible to the User.
4. OPERATION OF THE SOLUTION - GUARANTEE - LIABILITY
4.1. The Solution exists as is and to the extent of technical possibilities. Consequently, the User acknowledges that:
§ AVVINUE does not guarantee that the Solution will operate without interruption or error, incase of misuse or violation, by the User, directly or indirectly, alone or in combination, of all or part of the functionalities of the Solution,
§ AVVINUE does not exercise any control or surveillance over the content exchanged and / or put online in relation to the partners, their service offer and / or the execution of these and cannot be held responsible in this regard,
§ AVVINUE does not exercise any control over the use, by the User, of the Solution, the latter acting in his name and for his own account ; consequently, AVVINUE not be held responsible in this regard, in particular for any interaction and / or transaction between Users and / or with one or more partners present on the Solution ;
§ AVVINUE can under no circumstances be held responsible for any loss of data resulting from misuse or a violation, by the User, directly or indirectly, alone or in combination, of all or part of the functionalities of the Solution, as well as for any irregular or unauthorized use of the content resulting from the use of the Solution,
§ AVVINUE does not exercise any control or surveillance over the elements and / or content of third parties liable to alter all or part of the functionalities of the Solution.
4.2. Any User acknowledges that the use of the Solution is done under his sole responsibility . AVVINUE is not responsible for complaints or requests resulting from a violation of any of the provisions of the T & Cs, including in particular any complaint of violation of laws and regulations, public order and good morals, intellectual or industrial property rights, image rights, defamation, harassment, invasion of privacy, fraud, economic espionage, unfair competition.
AVVINUE cannot be held responsible for any interaction and / or transaction between Users and / or with one or more partners present on the Solution, AVVINUE only consisting of a technical networking platform and not providing any intermediation in this capacity.
4.3. In no case can AVVINUE, its managers, shareholders or staff be responsible or questioned by the User and / or any other person affected by (i) any unavailability of the Solution and / or (ii) technical difficulty affecting the Solution and / or (iii) inability to use, in whole or in part, the Solution and / or (iv) errors, mismatches, oversights, faults, safety failures ; and / or (v) unauthorized or altered access to the Solution, as well as its functionalities, and / or (vi) other inability of AVVINUE, and / or (vii) the use of data resulting from the use of the Solution, as well as (viii) any damages, including direct as well as indirect, special or punitive damages, resulting from misuse of the Solution and / or from a violation of the T & Cs by said User. In the event that certain jurisdictions do not recognize the exclusions or limitations of liability for damages resulting from the use of the Solution, the above exclusions will not apply to the User before these jurisdictions.
AVVINUE is in any event bound by an obligation of means.
4.4. Providing a pleasant use of the Solution may require that AVVINUE in particular needs to correct any bugs, install updates or even perform any diagnosis or any maintenance, which are likely to make it less accessible or unavailable, for all or part of the User, for a certain period of time, the Solution and / or all or part of its functionalities.
AVVINUE must also be able to intervene in an emergency or suspend access to the servers in cases where it deems it necessary. AVVINUE will use its best efforts to make the Solution available again as soon as possible, remaining bound by an obligation of means in this regard.
AVVINUE may finally, for legitimate economic reasons, renounce, modify or cease the operation of the Solution, without corresponding compensation, subject to informing the Users thereof, including via a direct notification on the interface of the Solution.
5. COMMITMENTS IN RESPECT OF THE USE OF A SOLUTION
5.1. The use of the Solution is governed by the provisions of the T & Cs. These latter bind the User in a firm and definitive manner. The User undertakes not to use the Solution for purposes other than those expressly provided for in the T & Cs.
LaSolution belongs exclusively to AVVINUE.
The User is solely responsible for the use he makes of the Solution. As such, without this list being exhaustive, the User refrains from:
§ to use, in whole or in part, the Solution in any way that would violate a local, national or international law, or any other regulation, and / or which would infringe public order or the rights of a third party,
§ to use the Solution illegally or fraudulently, or for purposes or for illegal or fraudulent effects, or for purposes other than normal use, it being specified that any use and activity deemed disproportionate,
§ to publish, transmit, distribute, edit or make accessible on or through the Solution, any content that could be constitutive, without this list being exhaustive, of defamation, insults, denigration, threats, blackmail, harassment, incitement to violence, racial hatred and more generally to the commission of crimes and offenses; the propagation of false news or financial information covered by secrecy, as well as any content intended to represent or offer for sale objects and / or books, software, content prohibited by law or infringing the rights of third parties ; breach of the authority of justice ; breach of privacy, the protection of personal data or the secrecy of correspondence; of defense of crimes against humanity or denial of genocide; disclosure of information covered by secrecy or by the right to privacy; or an act endangering minors, the manufacture, transmission, dissemination or accessibility of messages of a violent, pedophilic or pornographic nature, or of such a nature as to infringe human dignity or allow the manufacture of explosives,
§ to post, indicate, or disseminate in any form whatsoever information or content including links to third party sites that are illegal and / or contrary to good morals.
§ to attempt to mislead other Users by usurping the identity or damaging the image or reputation of others,
§ to download or falsify any Data online or made accessible by AVVINUE, directly or indirectly, on the Solution,
§ to disrupt, slow down, block or alter the normal flow of Data, modify or alter or commit any other action having an equivalent disruptive effect on the functionality of the Solution,
§ to post, indicate, or distribute, in any form whatsoever, data and / or any other content without the prior and express authorization of their owner,
§ to post, indicate, or distribute, in any form whatsoever, data and / or any other content on which he has no right of reproduction, presentation and / or distribution,
§ to post, indicate, or disseminate, in whatever form whatsoever, information or content having the effect of reducing, disrupting, preventing the normal use of the Solution, interrupting and / or slowing down normal circulation information, deliberately transmit elements containing viruses, horse riding, spyware, or any other program harmful or likely to interfere with the proper functioning of the Solution,
§ use the Solution to transmit or facilitate the sending of unsolicited or unauthorized advertisements or promotional materials,
§ to act unfairly towards and / or to undermine, in any way whatsoever, its interests.
5.2. In addition, the User is prohibited from :
· Dedissocier or attempt to separate the elements of the solution, and notammentsans limited to, using it for other than its purpose, obtaining Ouen using earlier or later versions of these components at different desmoments or transferring them to separate way,
· To reconstruct the logic of the Solution, to decompile it or to disassemble it.
5.3. The User's commitments under this article 5 remain in force until the last right to the Solution regularly falls into the public domain.
5.4. If AVVINUE considers that any information violates or may violate any of the provisions of the T & Cs, it reserves the right, at any time and without limitation of any other action, in law or in equity, after having collected the observations of the User, to : (i) deny the User access to the information in question, (ii) permanently delete this information, (iii) delete or suspend the User's account and / or (iv) use all technological, legal, operational means or others at its disposal, with a view to obtaining the forced execution of the T & Cs, in particular including but not limited to, the blocking of IP addresses or the deactivation of the User's account.
6. CONFIDENTIALITY - INTELLECTUAL AND INDUSTRIAL PROPERTY - TRADEMARKS
6.1. The User undertakes to keep strictly confidential and not to use, other than in the context of using the Solution for their own needs, all information, documentation, technologies, concepts, processes, models, computer systems, photographs, videographics, software (software packages, application utilities, etc.), digital content, algorithms, networks, databases, Data, other data, applications, products, services and solutions, including the Solution and each of its components, materials, prototypes, specifications, know-how, industrial secrets, technical, strategic, economic, commercial elements , market data, identification of market segments, strategies, business plans, negotiations and relations with third parties of AVVINUE, including partners present on the Solution , their service offerings and the content thereof, relating to or relating directly or indirectly to the Solution.
The aforementioned confidentiality and non-use obligations remain in force for the period of validity of the T & Cs and will survive its termination, whatever the cause or date, for a period of fifteen (15) years from the effective date. termination.
6.2. No provision of the T & Cs, or access and / or use of the Solution implies a transfer of rights from AVVINUE to the User, over all or part of their intellectual and / or industrial property rights. All intellectual and industrial property rights attached to the Solution belong to AVVINUE.
6.3. The content of the Solution and in particular the sounds, images, texts, programs, graphic charter, utilities, databases, Data, blog, content, software, etc. are protected by the provisions of the Intellectual Property Code and belong to AVVINUE. All rights are therefore reserved.
Without limiting the scope of the other provisions of the T & Cs, the name " AVVINUE ", logos, domain names and all other trade names contained in the Solution using the name " AVVINUE " are trade names or service marks of AVVINUE.
Collectively, the “ Elements of Intellectual Property ”.
6.4. Any User undertakes not to deposit or protect any of the Elements of Intellectual Property or any other sign using in whole or in part any of the terms associated with said Elements of Intellectual Property. Any offender is exposed to the civil and penal sanctions in force.
6.5. All other third party marks, service marks, logos and trade names appearing on the Solution, including those of partners present on the Solution, are the property of their respective owners. No transfer or concession of rights is made or should be inferred from any provision of the T & Cs or from any use of the Solution.
7. PERSONAL INFORMATION - USER'S PERSONAL DATA
The personal data protection charter established by AVVINUE (the “ Charter ”) indicates to the User the rules for using and protecting his personal information on the Solution. The AVVINUE Charter is accessible at any time at : https://www.avvinue.com/privacy-policy.
The Charter must be accepted by the User before any use of the Solution, as part of his registration.
By accepting the Charter, the User is bound by the rules included in this Charter. All the rights, commitments and obligations mentioned in the Charter are consecutive to its acceptance, fully applicable to the User.
The User is entitled to request, at any time, from AVVINUE, to remove his address from the list of his contacts and / or to access, delete, rectify, oppose or limit the processing of his data. personal, via the contact form available on the Solution or directly, by email to the following address:
email@example.com / firstname.lastname@example.org.
8. PROPERTY RIGHTS ON AVVINUE DATA
All AVVINUE Data is the property of AVVINUE, which retains all rights, titles and interests relating thereto. It is reminded that AVVINUE's Data does not concern the User's personal data, which remains his sole property. No transfer or concession of rights over the Data is made or must be inferred from any provision of the T & Cs or any other provision contained in the Solution.
The User undertakes not to infringe the above rights, by refraining in particular as such from copying, reproducing, republishing, downloading, erasing, displaying, transmitting or distributing, by any means, all or part of the Data and attached information, except downloading expressly authorized by AVVINUE via a dedicated download link indicated on the Solution.
9. COMMERCIAL OFFERS - NOTICE - AUTHORIZATION TO USE IMAGES, PHOTOGRAPHIC SNAPSHOTS, VIDEOGRAPHS, INTERVIEWS, CONTENTS, TEXTS SUBMITTED BY THE USER
The wishing User can receive commercial elements, news (newsletters) and actualities from AVVINUE and the partners present on the Solution. To do this, the User must confirm his wish to receive all or part of this information, via a dedicated box to be checked on the Solution.
The User can at any time via the Solution leave an opinion on AVVINUE, the Solution and / or the offer of services present on it.
As specified in the Charter, as referred to in Article 7 above, the User expressly accepts that his opinions on AVVINUE, the Solution and / or the offer of services present on it be published on said Solution, as well as on all social networks and AVVINUE means of communication.
When the User submits to AVVINUE an image, a photograph, a video, an interview, a content and / or a text, he expressly declares, guarantees and acknowledges:
§ Have all the authorizations to do so ;
§ Accept that AVVINUE presents them, reproduces them without limitation, uses them, adapts them, translates them, modifies them and / or disseminates them, in whole or in part, on the Internet, on the Solution, on the AVVINUE blog, on its communication and / or commercial elements (presentation brochure, brochures, flyers, pitch deck), as well as on AVVINUE's social networks and mobile applications, and during communication and / or commercial events that AVVINUE organizes and / or in which it participates ;
§ Do not wish to take advantage of the attributes of extra-patrimonial rights, which it holds on the image (s), photographic cliché (s), videography (s), interview (s), content (s) and / or text (s) that he submits (article 9 of the Civil Code).
These authorizations are given free of charge, worldwide and for the duration of the copyright relating to said image (s), photographic cliché (s), videography (s), interview (s), content (s) ) and / or text (s) submitted
10. DURATION - TERMINATION
The T & Cs take effect from their acceptance and will remain in force, unless terminated under the conditions defined below, until the User's account is closed.
No User may hold AVVINUE responsible or claim compensation of any kind whatsoever in the event of termination of the T & Cs for legitimate reason or force majeure, in accordance with the regulations in force.
THE USER MAY AT ANY TIME CANCEL THE TOS BY NOTIFYING SAVOLONTE NON EQUIVOCAL BY ANY WRITTEN MEANS WITH ACKNOWLEDGMENT OF RECEIPT TO AVVINUE.
The termination of the T & Cs will not exempt the User from his obligations under Articles 5, 6 and 8 of the T & Cs relating to intellectual and industrial property, respect for Data, confidentiality and non-use of AVVINUE elements and information. .
11. NOTIFICATIONS - WAIVER
Unless otherwise specified in the T & Cs, notifications to the User - including in particular all information, transmission of elements, modifications and formal notices - are made directly in the User's personal space via the Solution or by email.
The fact that a Party has not required the application of any clause of the T & Cs, whether permanently or temporarily, may in no case be considered as a waiver of the rights of the other Party arising from said clause.
12. CHANGES TO THE T & Cs
THE TERMS AND CONDITIONS ARE SUBJECT TO BE MODIFIED BY AVVINU IN ACCORDANCE WITH THE REGULATIONS IN FORCE, IN THE EVENT OF COMMERCIAL, FINANCIAL, ECONOMIC, TECHNICAL, LEGAL OR LEGAL OR JURISPRUDENTIAL CHANGES OR WHEN IMPLEMENT NEW FUNCTIONALITIES OF THE SOLUTION. Following prior notification, the User must accept any substantial modification of the T & Cs. The User may alternatively terminate the T & Cs if he does not agree with the proposed changes, under the conditions referred to in Article 10 above.
13. INTEGRALITY - INVALIDITY - LEGISLATION AND REGULATIONS
13.1. The T & Cs constitute the entire agreement between the Parties relating to these.
13.2. If one or more stipulations of the T & Cs are held to be invalid or declared as such in application of a law, a regulation - and in particular the law of the European Union - or following a final decision of a competent court, the other stipulations will retain all their force and scope. AVVINUE will make the necessary changes without delay while respecting the spirit of the T & Cs.
13.3. The contractual conditions are established within the framework of the legal and regulatory provisions in force. If these were to be changed and modify the economic conditions of the offer and / or the T & Cs, the Parties would come together to adapt the terms in good faith to the new situation.
14. APPLICABLE LAW - DISPUTES
The T & Cs are established in the French version. They are governed by French law.
The User may at any time refer to the consumer mediator with a view to the amicable resolution of any possible litigation opposing AVVINUE (article L. 612-1 of the Consumer Code). The name and contact details of the consumer mediator (s) :
Marion le MARCHAND
Avocat au Barreau de Lyon – T. 1636
21, Avenue Jean Jaurès 69 007 LYON
ANY DISPUTE BETWEEN AVVINUE AND A USER, RELATING TO THE VALIDITY, INTERPRETATION AND / OR EXECUTION OF THE TOS, NOT BEFORE THE CONSUMER MEDIATOR, NOR AMICIABLY RESOLVED AT THE END OF A PERIOD OF SIXTY (60) DAYS FROM THE FIRST NOTIFICATION ON THE DISPUTE, WILL BE BROUGHT BEFORE MATERIAL AND TERRITORIALLY COMPETENT COURTS.