The present general terms of use and legal information (hereinafter referred to as 'General Terms') apply to the website of LAST SYSTEMS, S.L. (hereinafter referred to as 'Last'), whose domain is shop.last.app, as well as to the corresponding mobile application, and to all its related or linked sites from www.last.app by Last. The site is owned by Last. By using the site, you indicate your agreement with these terms of use. If you do not agree, we kindly ask you to refrain from using it.
Through these General Terms, Last provides users (hereinafter referred to as 'User' or 'Users') with access to the Last website and mobile application (hereinafter collectively referred to as 'the Platform').
In compliance with the applicable regulatory framework, the following identification details of the site owner are provided:
Corporate Name: LAST SYSTEMS, S.L.
Registered Office: C/ Maracaibo No.8, 08030, Barcelona, Spain
Registration Details in the Commercial Registry of Barcelona: Protocol 2019/1100, Volume: 46867, Page: 83, Sheet: 533596, Registration: 1. Tax Identification Number (NIF): B67417758
In addition, the following identification data of payment processors
shall apply as follows:
**Object**
Last is a technology company whose main activity is the development and management of a technological platform through which, via a mobile application or a web interface (hereinafter, the APP), allows certain local shops in some cities across different territories to offer or list their products and/or services. Additionally, if the users of the APP and consumers of the aforementioned local shops request through the APP, Last facilitates, as an accessory, the immediate delivery of products.
Thus, Last has developed a platform through which different businesses, with which Last may maintain a commercial agreement for the use of the platform, offer and/or can list a range of products and services. The customer has the possibility of requesting the acquisition and/or collection of products and services from these businesses, either in person or through an authorized third party by making an order through the Platform. In such cases, Last acts merely as an intermediary and therefore cannot assume or accepts no responsibility for the quality of the products or the proper provision of services directly offered by the businesses or third parties.
Additionally, Last is an intermediary platform for the telematic contracting of on-demand delivery services. Its goal is to facilitate that those who request home delivery in local businesses (hereinafter, Customers) may carry out their errands by delegating in third parties willing to voluntarily perform the tasks assigned by the Customers (hereinafter, 'Agents').
The Agents, therefore, form a network of independent professionals who collaborate with third-party companies hired by the Customer when they are interested in providing their services. As a result, Last cannot take responsibility for delivery times, as they depend on the efficient preparation of orders by local stores, the actions of the Agents themselves, as well as the information provided by the users when placing an order or their availability and responsiveness at the time of delivery. In this regard, the delivery times indicated on the Site are merely indicative.
Throughout these General Terms of Use, we will refer to Customers and Agents as Users of the Platform.
**Terms of Use**
Access to the Platform, and the voluntary creation of a profile by the User, implies knowledge and express and unequivocal acceptance of these General Terms of Use and Contracting, the Privacy Policy, and the Cookie Policy by all Users.
**Access and Registration for Customers**
To be a Customer of the Platform, the following requirements must be met:
- Be at least 18 years of age.
- Accurately fill out the mandatory fields of the registration form, where personal data such as username, email address, phone number, and bank card number are requested.
- Accept these Terms of Use and Contracting.
- Accept the Privacy and Data Protection Policy.
- Accept the Cookie Policy.
The User guarantees that all data provided to Last in the registration forms of the Platform concerning their identity and legitimacy are true, accurate, and complete. They also commit to keeping their data up to date.
If the User provides any false, inaccurate, or incomplete data or if Last has reason to believe that the data provided is false, inaccurate, or incomplete, Last may deny the User present or future access and use of the Platform or any of its contents and/or services.
When registering on the Platform, the User will choose a username (username) and a password. Both the username and password are strictly confidential, personal, and non-transferable. Last recommends not using the same access credentials as on other platforms to increase account security. If the User uses the same access credentials as on other platforms, Last cannot guarantee the security of the account or ensure that the User is the only one accessing their profile.
The User agrees not to disclose account details or make them accessible to third parties. The User is solely responsible in the event of use of these details or services on the Site by third parties, including statements and/or content posted on the Platform, or any other actions taken using the username and/or password.
The User is the sole owner of the content posted by them on the Platform. Additionally, by registering on the Platform and accepting these Terms, the User grants Last, in relation to the content they may provide, a worldwide, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly communicate, as well as exploit the content in any way that Last deems appropriate, with or without further communication to the User and wi...Last cannot guarantee the identity of registered Users; therefore, it will not be responsible for the use of the identity of a registered User by unregistered third parties. Users are required to immediately notify Last of the theft, disclosure, or loss of their credentials by communicating it through the channels provided by Last.
**3.1 Profile**
To complete registration on the Platform, the User must provide certain information such as: username, email address, phone number, bank card details, etc. Once registration is completed, every User can access their profile, complete it, edit it, and/or deactivate their account as they see fit. Last does not store users' payment data, which will be processed and stored by the payment service provider as described in these Terms and in the Privacy Policy.
**3.2. Credit Card Theft or Loss**
Since Last cannot guarantee the identity of registered Users, Users are obligated to inform Last in cases where they are aware that the credit card associated with their Last profile has been stolen or is being used fraudulently by a third party. Therefore, although Last and its payment platform proactively protect Users with appropriate security measures, if the User fails to notify Last of such theft, Last will not be liable for the fraudulent use of the User's account by third parties. Last advises Us...Last undertakes to collaborate with the User and the competent authorities, if necessary, to provide evidence of the improper charge. In the event of fraud, Last reserves the right to take any necessary actions when it is harmed by the improper use of the site.
**Service Operation. Conditions of the Mandate.**
When a User registered as a Customer needs assistance with an errand, they must go to the Last website or the corresponding application and request the service through these telematic means. The basic errand service consists of collecting a product and subsequently delivering it, with both addresses provided by the Customer, as long as they are exclusively within Last's operating territory. Additionally, the Customer can request that the Agent purchase products on their behalf, pick them up, and deliver.The Customer is solely responsible for correctly providing the delivery and pick-up addresses on the Platform, thus releasing Last and the Agent from any negligence or error in the pick-up or delivery of the order due to the incorrect provision of delivery and pick-up addresses. Consequently, the Customer will bear the cost resulting from the incorrect provision of delivery and pick-up addresses on the Platform.
The Customer must provide all the information, in as much detail as possible, regarding the service subject to the errand and, where applicable, regarding the product they request the Agent to purchase on their behalf from physical stores. To do this, they may enter any useful comments in the 'comments' section, and if necessary, may share a photo with the Agent to identify the order. The Customer will have constant communication with the Agent and may contact the Agent at any time for the Agent to carry out the order following the Customer's instructions.
To facilitate direct communication with the agent in case of any issues in processing the order and/or to communicate any changes, Last provides users with an internal chat that allows direct and immediate contact between the user and the agent during the execution of the order. The chat will no longer be active once the user has received the product or it has been canceled for any reason specified. If the user wishes to communicate with the agent or Last after completing the task, he must use the contact form in the Platform and contact the customer support team.
The Customer releases Last and the Agent from any negligence or error in the instructions provided for the purchase of the product requested to be purchased on their behalf from physical stores. As a result, the Customer will bear the cost resulting from the incorrect provision of instructions for the products on the Platform (i.e., incorrect address, incorrect product).
To the extent that the platform does not include the price of the product and/or service, and given that the prices listed on the Platform are indicative, the Customer may set an approximate price. In this case, the service or product may be purchased in person by the Agent in accordance with the Customer's estimate and never for an amount exceeding 30% of that estimate. If the price is higher, the Agent will contact the Customer to inform them of the situation, and the Customer will make the final decision.
If the product and/or service is not available, the Agent must call the Customer to present options. If the Customer does not agree with any of the options presented by the Agent and, consequently, is not interested in the alternatives, they must follow the cancellation policy outlined in these General Terms of Use (section nine). If the Customer does not respond to calls, the Agent will wait five minutes before leaving.
If the Customer is not present at the designated delivery location, the Agent will retain the product for 24 hours, or for 5 minutes in the case of perishable products. Additionally, the Customer must bear 100% of the cost of the basic errand service, as well as the price of the product if one has been purchased or contracted through the Agent on behalf of the Customer, and must pay for another service to receive the undelivered products. The Agent will not be responsible for any deterioration or expiratirtion of the product.
Once the task is completed, in the case where an in-person purchase of a product has been requested, the Agent will deliver the physical receipt for the product to the Customer, and/or via email. If the task only involves delivering a product, the Agent will deliver it to the Customer at the exact location and time indicated by the latter. All this is without prejudice to the electronic receipt for the service that the Customer will receive at the email address associated with their account.
At that time, the User, recipient of the service identified by the user in the order, or any third party authorized by the user, must ratify the mandate by signing the Agent's device. Last cannot verify the authenticity of the signature provided by the User. If the User receives confirmation of the task's completion without having personally ratified the mandate or through an authorized receiver, they must immediately notify Last so that the Platform can take appropriate measures. Last reserves the right ...FOOD/PACKAGED PRODUCTS: Last recommends that the User, when ordering food products by mandate, request information from the Agent and/or the restaurant or establishment offering the product, through the means provided by the Platform, regarding the content and composition of the ordered food products.
**Product Returns**
If the Customer wishes to return a product or file a claim about a service, without prejudice to Last's role as an intermediary, the ultimate responsibility will always lie with the store where the purchase was made. In the event of a refund of the purchase amount to the Customer, it will be the store that decides the refund method (cash, credit card, store credit, etc.), regardless of whether Last facilitates the refund on behalf of the local store.
Certain establishments may not have public-facing spaces, which means the User may not be able to access them to process returns or claims. In these cases, the User must contact Last's customer service through the channels available on the Platform to obtain the necessary assistance and support.
Notwithstanding the above, in the specific case of orders placed through the McDonald's product drop-down menu on the Platform, the Customer must contact Last directly.
If the User wishes to process the return of a product because it does not match what was requested through the platform, the User must provide a photo of the entire order along with a list of incorrect or undelivered products, as well as other evidence that demonstrates the product's non-conformance.
The Customer must check the products delivered by the Agent at the delivery address before signing and ratifying the mandate. By signing, the Customer confirms and ratifies the mandate, the in-person purchase, or service provided on their behalf. The Customer also states that a third party may ratify the mandate on their behalf, for example, in cases where the Customer is not at the final delivery address or has designated a third party to receive and sign. Thus, it is the responsibility of the Customer a...In any case, it will be up to the store to determine the appropriateness of the return. In the event of a dispute, the Customer should notify Last through the channels provided by Last for this purpose.
**Service Fees and Billing**
Registering and using the Platform for Customers is completely free.
Using the Platform by Agents and businesses may have an associated cost depending on the destination country from which they wish to use the Platform to provide services.
The Customer will only have to pay for each service requested through the Platform for the use of the Platform to request products and communicate through the Platform, and for the messenger or errand services provided by third parties.
Additionally, for services that include the purchase of a product, the User must pay the price of the product. By registering through the Platform and providing the required banking information, the User expressly authorizes Last to charge the receipts corresponding to the payment of the requested services, including the price and delivery of the requested products.
The total price of each service may consist of a variable percentage depending on the kilometers traveled and time spent by the Agent, as well as, where applicable, the price set by each business for cases where the User requests the physical purchase of a product or service. Last reserves the right to modify the price depending on the time slot and/or distance in which the service is carried out. According to these conditions, the Customer will have the right to know the approximate fee for their service...The fee may include tips for the Agent and/or the local store, the amount of which will depend solely and exclusively on the User's discretion.
Last reserves the right to modify its prices at any time. The changes made will take immediate effect upon publication. The User expressly authorizes Last to send receipts for contracted services and/or generated invoices electronically to the email address provided during the registration process. If an invoice is required, the user must add the tax information to the platform before placing the order.
The subsequent cancellation of the service by the user, when the preparation of the order has already been confirmed by the local store and communicated to the User, will entitle Last to charge the Customer the corresponding fee. Likewise, if the User has requested the Agent to purchase a product on their behalf, and the Customer cancels the order when the purchase has already been made, the Customer will bear the costs of the delivery services provided by the Agent, as well as the product.
All this is without prejudice to the fact that the Customer can request a new service for the return of the purchased products or to have them delivered to another address. For non-perishable products, the User can exercise their right of withdrawal from the store that sold them the products. If they wish to exercise this right through Last, they must request the new service.
**6.1. Payment Platforms**
The payment for products and/or services offered through the Platform, which are sold in person at restaurants and/or stores and delivered to Customers at a later time, is temporarily made to Last, which then transmits it to the restaurants and/or stores with which it maintains a commercial agreement. The restaurants and/or associated establishments authorize Last to accept payment on their behalf, so the correct payment of any product (i.e., food, drink, gift, etc.) to Last discharges the Customer fro...Likewise, the Customer's payment releases them from any obligation to the Agent, as the full payment to the Customer has the effect of discharging any obligation they might have with Partners and/or Agents.
The payment for products and/or services made by Customers is received in Last's accounts through an Electronic Money Institution. The Electronic Money Institutions are authorized to provide regulated payment services in all the territories where Last operates and comply with current regulations regarding payment services for Platforms like Last.
Last, through its contracted payment provider and with the sole purpose of verifying the payment method provided, reserves the right, as an anti-fraud measure, to request pre-authorization of charges for products ordered through the platform. This pre-authorization will not, in any case, constitute full payment for the order, as this will only be carried out once the products are made available to the user or for the reasons described in these terms and conditions.
Last, in order to provide greater support to Users, will act as the first point of contact with them and will assume responsibility for payments made through the platform. This responsibility includes refunds, returns, cancellations, and resolution disputes in an initial stage, without prejudice to the actions Last may take with local businesses as the only physical sellers of the products ordered by the Users.
As described above, in the event of a dispute, Last will offer the first line of support and refund the user if deemed appropriate.
If the User has any problems with their order, they can contact Last's customer service through the means provided on the Platform.
**Prices of Products and/or Services Listed on the Platform**
All prices indicated on the Platform include applicable taxes depending on the territory from which the User operates and will always be expressed in the currency valid in the territory from which the User operates.
According to Clause 6 above, the applicable prices for each service will be those published on the Platform, subject to the particularities described and applied automatically during the final phase of the contracting process.
However, the prices of products sold in restaurants and/or stores shown on the Last Platform may be indicative. In any case, these prices correspond to the products sold in restaurants and/or stores and are exclusively set by them.
The User understands that in all cases the economic valuation of some products may vary in real-time depending on the establishment selling them and the available stock. For any information about the requested order, the User can contact Last.
As previously stated, the Customer, by requesting the purchase and delivery through the platform, grants the Agent a mandate to purchase the products in person on their behalf for the price set by the stores. The Customer may be in direct contact with the Agent both during the order placement and delivery to instruct the Agent on which product to request.
**Promotional Codes and/or Other Offers or Discounts**
Promotional codes and/or other offers or discounts offered through the Platform must be correctly entered into the application before placing the order. Otherwise, their use will not be effective, and the User will not be able to enjoy them.
Whenever a cancellation is initiated by Last under the terms described in section 9 below, the Customer will retain the validity of the promotional code and/or other offers or discounts for future use. When the cancellation is initiated by the User, it will be subject to the provisions of section 9 below.
Last reserves the right to cancel promotional codes and/or other offers or discounts offered when it becomes aware of fraudulent use of them (e.g., redeeming a promotional code when the user is not the legitimate recipient, mass transmission of codes, selling discounts or codes, etc.). Last also reserves the right to apply penalties to users for the amount defrauded from the Company.
Last assumes no responsibility if, due to force majeure or events beyond its control or whose necessity is justified, it is forced to cancel, shorten, extend, or modify the conditions of promotions.
In particular, Last assumes no responsibility in the event that the website is unavailable at any time during promotions or due to a malfunction in the automated promotion system.
**Right of Withdrawal and Order Cancellation**
Due to the nature of the service provided by Last, the User is aware that once an Agent has voluntarily accepted an order, the execution of the purchase mandate has begun, and therefore the User may not have the right to withdraw from the service request for free.
Notwithstanding the above, cancellation costs may depend on the following factors:
- If the restaurant or establishment has accepted and started preparing the order, the product amount will be charged. The restaurant's acceptance will be communicated to the user via the Platform and/or through an email sent to the user's registered email address.
- If the user cancels the order after the Agent has accepted its processing, the cancellation fee will be charged to the user. The Agent's acceptance will be communicated to the user through the Platform.
- If both the restaurant or establishment and the Agent have accepted the processing of the order, the user will be charged the price of the products and the cancellation fee.
The User may check the total cancellation costs for each order through the 'Cancel' button on the Platform. Beforehand, the User will be shown the applicable charge based on the factors described above.
If, at the time of service cancellation, the Agent has already made the requested purchase or contracted a service, the user may instruct the Agent to return the item. In such a case, the User must pay the total cost of purchasing the products and delivery costs, as well as the cost of the return service.
If the Agent has managed to return the product, the User will be refunded the value of the product but will be required to pay for the two services of collection and delivery, as well as the return. The return will, in any case, be subject to the store's return policies. The Customer acknowledges that in the case of perishable products (i.e., food), it may not be possible to proceed with a return. Consequently, Last will be entitled to charge both for the product that the Agent has already purchased on ...In cases where the Customer has incorrectly provided the delivery address for the products, they may enter a new address at any time as long as it is within the same city as the original order and as long as this is a city where Last offers its intermediary service. In this case, the Customer will be contracting a new service and agrees to be charged the corresponding amounts for the new delivery.
If the Customer is located in another city than the one originally indicated, the address cannot be modified to deliver to a new city, and the order will be canceled. The Customer will bear the costs generated as set out in this clause.
Last reserves the right to cancel an order without the need to provide a justified reason. In the event of a cancellation initiated by Last, the User will be entitled to a refund of the amount paid.
Last provides official complaint forms available to the consumer, for the purpose of the service offered by Last, in the official languages of the countries where Last operates.
The mentioned complaint forms can be requested by the consumer through Last's customer service and will be automatically sent. The consumer must specify in the email the exact location from which the request is made, which must coincide with the place where the service was provided.
**10. Purchase of Alcoholic Beverages**
Users who place an order that includes the purchase and/or delivery of alcoholic beverages through the platform must be of legal age, having reached 18 years of age. By placing an order that includes alcoholic beverages, the User confirms that they are at least 18 years old. Last reserves the right to refuse to process the order for the purchase and/or delivery of alcohol to any person who cannot prove that they are at least 18 years old.
This clause will also apply to any other analogous product and/or service reserved for those of legal age as required by applicable legislation and requested by a User through the Platform.
Additionally, in cities where the sale and/or delivery of alcoholic beverages is restricted during certain hours, the User is responsible for placing orders during permitted hours according to applicable regulations. Last reserves the right to refuse the order for the purchase and/or delivery of alcohol outside the permitted hours.
**11. Geolocation**
Last may collect, use, and share precise location data, including the real-time geographic location of the User's computer or mobile device, provided the User authorizes it. These location data may be collected and used by Last to show Users the location of the origin of an errand and/or the destination location.
In this regard, Users expressly consent to their geolocation data being shared with other Users and Providers to successfully complete the requested task at any given time. Users may choose to deactivate Geolocation on their devices, as detailed in the Data Privacy Policy.
It is the User's responsibility to correctly provide the pick-up and delivery addresses. In this regard, Last is not responsible for any errors or omissions in the provision of addresses by the User.
**12. User Obligations**
Users are entirely responsible for accessing and correctly using their profile and other content on the Platform in compliance with the current legislation, whether national or international, of the country from which they use the Platform, as well as the principles of good faith, morality, good customs, and public order. Specifically, they commit to diligently observing these General Terms of Use.
Users are responsible for correctly assigning unique, non-transferable usernames and passwords that are sufficiently complex and for not using the same username and password as on other platforms to protect their account from fraudulent use by third parties unrelated to the platform.
Users shall refrain from using their profile and the rest of the content on the Platform for unlawful purposes or effects, which may damage, disable, affect, or deteriorate the Platform, its content, and its services. Similarly, they are prohibited from preventing the normal use or enjoyment of the Platform by other Users.
Last cannot be considered an editorially responsible entity and expressly declares that it does not identify with any of the opinions Users may express on the Platform, whose consequences are entirely the responsibility of the author.
Those who fail to comply with these obligations will be liable for any damage or harm they cause. Last will not be responsible for any consequence, damage, or harm that may result from such illegal access or use by third parties.
In general, Users agree, including but not limited to, the following:
- Not to alter or modify, in whole or in part, the Platform, by circumventing, deactivating, or manipulating its functions or services;
- Not to infringe industrial and intellectual property rights or regulations governing the protection of personal data;
- Not to use the Platform to insult, defame, intimidate, violate the image or harass other Users;
- Not to access other Users' email accounts;
- Not to introduce computer viruses, defective files, or any other software that may cause damage or alterations to Last's or third-party content or systems;
- Not to send mass and/or repetitive emails to a plurality of people or to send third-party email addresses without their consent;
- Not to perform advertising actions for goods or services without Last's prior consent.
Any User may report another User if they believe they are violating these General Terms of Use. All Users can also inform Last of any abuse or violation of these terms through the Contact Form. Last will verify the report as soon as possible and take any appropriate actions, reserving the right to remove and/or suspend any User from the Platform for breaching these General Terms of Use. Similarly, Last reserves the right to remove and/or suspend any message containing illegal or offensive content without ...**13. Deleting the User**
The User can unsubscribe from the Platform by sending an email through the Contact Form.
**14. Last's Responsibility**
The User is responsible for having the services and equipment necessary for internet browsing and access to the Platform. In case of any incident or difficulty accessing the Platform, the User can inform Last through the communication channels made available to the User, who will analyze the incident and provide instructions to the User on how to resolve it as quickly as possible.
Last does not control or is responsible for the content shared by Users through the Platform, and Users are solely responsible for the legal adequacy of such content.
Last will not be liable for interruptions in the service, connection errors, unavailability, or deficiencies in the internet access service, nor for interruptions in the internet network or any other reason beyond its control.
Last is not responsible for security errors that may occur or for damage that may be caused to the User's computer system (hardware and software), files, or documents stored on it, as a result of:
- The presence of a virus in the User's computer or mobile terminal that is used to connect to the services and content of the Platform;
- A malfunction of the browser;
- The use of non-updated versions of the browser.
**15. Liability for Content**
Last has no obligation to monitor and does not monitor the use that Users make of the Platform, and therefore does not guarantee that Users use the Platform in accordance with these General Terms of Use, nor that they use it diligently and/or prudently. Last is under no obligation to verify and does not verify the identity of the Users, nor the truthfulness, validity, completeness, and/or authenticity of the data that Users provide about themselves.
Last will not verify the products that may be collected or sent through the orders placed through the Platform. For this reason, both the User and the Agent release Last from any liability that may arise from the provision and/or transportation of products that require specific permits or licenses, as well as products prohibited by any applicable regulation.
If Last becomes aware that the User and/or the Agent is using the APP for the transportation of prohibited products, Last may initiate an internal investigation to clarify the facts, take necessary legal action, and/or block the corresponding User or Agent until the investigation is completed. Among the measures available to Last is the possibility of making the Users' and Agents' data and information available to the authorities.
Last excludes any liability for damages of any nature that may arise from the unlawful use of the Platform by Users or that may arise from the lack of truthfulness, validity, completeness, and/or authenticity of the information Users provide to others about themselves.
In particular, Last is not responsible for damages of any nature that may arise from the impersonation of a third party by a User in any type of communication made through the Platform. Last is also not responsible for the use of the application or for orders placed by a third party from the User's account.
Notwithstanding the above, Last reserves the right to limit, partially or totally, access to the Platform for certain Users, as well as to cancel, suspend, block, or remove certain types of content, using appropriate technological tools for this purpose, if it has actual knowledge that the activity or information stored is unlawful or infringes the rights of a third party. In this regard, Last may establish the necessary filters to prevent illegal or harmful content from being shared through the service.
Users' provision of content through the Platform implies the transfer to Last of all exploitation rights arising from the content provided on the Platform.
**16. Non-Warranty Clause for Errands and Payments**
Last does not offer any guarantee regarding the authenticity, accuracy, novelty, reliability, legality, or non-infringement of third-party rights by the Agents. In this sense, Users understand that Last is a technological platform, whose main activity is intermediation, i.e., it connects Clients and Agents, and therefore assumes no responsibility for the information provided by the Agents or for any damage or loss that they may eventually suffer as a result of a breach of these General Terms of Use.
By placing an order through the APP and accepting it by the Agent, a direct relationship is established between the User and the Agent, with Last being unrelated to it, merely providing the APP for the Parties to communicate and place as many orders as necessary. Therefore, Last will never be responsible for the availability of the Agents nor for the proper and satisfactory fulfillment of errands by them.
Last does not confirm or validate any Agent, their identity, or background. Notwithstanding the foregoing, Last may occasionally perform additional checks and implement procedures to help verify or check the identities of the Agents. In this sense, when a User reaches the status of Agent, it simply means that this user has completed the corresponding registration process and has accepted these General Terms of Use and any other applicable specific terms. It does not imply any certification or endorsement re...As members of the Platform, Users agree that any legal responsibility they intend to exercise as a result of actions or omissions of other Platform Users or third parties will be limited to those Users or third parties, with no legal action proceeding against Last.
**17. Platform Updates and Modifications**
Last reserves the right to modify, at any time and without prior notice, these General Terms of Use, the Privacy Policy, and the Cookie Policy. Users must carefully read these General Terms when accessing the Platform. In any case, acceptance of the General Terms will be a prior and indispensable step to access the services and content available through the Lastapp Platform.
Last also reserves the right to make updates, modifications, or deletions of information contained on its Platform at any time and without prior notice, regarding its configuration and presentation, without assuming any liability for it.
Last does not guarantee the absence of interruptions or errors in accessing the Platform or its content, nor that it is always updated. However, Last will carry out all necessary actions to correct errors, restore communication, and update content, as soon as it becomes aware of errors, disconnections, or outdated content.
**18. Intellectual Property**
Last owns or is licensed to all intellectual and industrial property rights included in the Platform, as well as the content accessible through it. The intellectual property rights of the Platform, including texts, images, graphic design, navigation structure, information, and content presented on it, are owned by Last, which holds the exclusive rights to exploit them in any way and, especially, the rights to reproduction, distribution, public communication, and transformation, in accordance with Spanis...Even as described above, Last may not own or be licensed for content such as names or images of companies with which Last has no commercial relationship. In such cases, Last acquires the content from publicly accessible sources, and it will not be understood that Last has any relationship with these proprietary rights.
The authorization granted to the User to access the Platform does not imply any waiver, transmission, license, or transfer, in whole or in part, of intellectual or industrial property rights by Last.
It is prohibited to delete, bypass, or manipulate the content of the Last Platform in any way. Similarly, modifying, copying, reusing, exploiting, reproducing, publicly communicating, making second or subsequent publications, uploading files, sending by mail, transmitting, using, treating, or distributing in any way all or part of the content included in the Last Platform for public or commercial purposes is prohibited, unless expressly authorized in writing by Last or, if applicable, by the owner of the ...The User who shares any type of content through the Platform guarantees that they have the necessary rights to do so, holding Last harmless from any liability regarding the content and legality of the information provided.
Providing content through the Platform implies granting Last, free of charge and to the fullest extent permitted by applicable law, the exploitation rights derived from such content.
**19. Severability Clause**
If any clause in these General Terms is null or void, it will be deemed not to have been included. This declaration of nullity will not invalidate the rest of the Agreement, which will remain in force and effective between the Parties.
**20. Applicable Law**
The relationship between Last and the User will be governed and interpreted in accordance with the General Terms that, regarding interpretation, validity, and execution, will be governed by Spanish law. Any dispute will be submitted to the Courts of Barcelona, unless the User requests the courts of their place of residence.
**21. Out-of-Court Dispute Resolution**
Disputes or conflicts that arise outside the European Union will be subject to resolution by the Spanish Arbitration Court of the Chamber of Commerce.