Liability of auxiliary persons

Third parties expressly acknowledge and accept that MELI can call on auxiliary persons in the performance of its activities. MELI wishes to protect certain categories of auxiliary persons against direct claims under Article 6.3. of the Belgian Civil Code, in particular directors, appointees including employees, and independent service providers (including, among others: commercial agents, managers, etc., but of which the following are expressly excluded: third parties that it engages on an occasional or project basis, such as subcontractors or freelancers) (hereinafter: the “Auxiliary Persons of MELI”). Third parties are therefore not entitled to bring a direct claim against the aforementioned Auxiliary Persons of MELI, but to address any damage suffered exclusively to MELI, except in the event of fraud, fraud and/or intent on the part of the Auxiliary Persons of MELI, or if the failure also constitutes a crime.