Terms and Conditions

This document sets out the terms and conditions (the “Terms”) between POWERDOT -( )- , Our successors and permitted assigns (“WE”, “US”, “OUR”) applicable when You (“You”) – either as the owner or driver – of an electric vehicle (“EV”) use one of OUR Electric PowerDots (“EPD”) or Electric Pit-Stops (“EPS”) – collectively OUR Charging Stations (the “Charging Stations”) – to which these Terms and Conditions apply.

You acknowledge that you have read and understood these Terms and Conditions, and that you agree to be bound by them. 

If you do not agree to be bound by these Terms and Conditions, you must not use the Charging Stations (hereinafter “the Service”).

By registering at OUR APP and/or accessing and using OUR Service at Charging Stations You accept these Terms and OUR Privacy Policy available here. Should You have any reservations, doubts, objections You should refrain from engaging and/or using the Service and/or the Charging Stations. 

WE reserve the right to change these Terms at any time. Any amended Terms will be integrated herein from time to time effective as of the date of its posting provided however that the version applying to You will be that one in force as at the date when You engaged the Service from US. 

Your continued access and use of OUR Service implies reinstatement of Your acceptance to the Terms as amended and in force from time to time.

Applicable from August 08th, 2019. 

  1. Definitions

When used on these Terms and/or at OUR App the following words and expressions have the following meaning:

APP – means PowerDot’ iOS and Android Mobile app available for download from Google Play and Apple Store with which YOU may access and register so as to contract the Service.

Charging Stations – means collectively the PDs and the PPS in which WE operate EV charging units suitable for charging an EV, as well as certain other facilities as available; 

Data – means any and all personal data of an individual subject whether identified or identifiable.

EV – means a motor vehicle licensed for use on public roads which energy source is electricity (stored in an on-board battery or batteries) that is registered in OUR Platform for the use of the Service; 

EV Driver – means the holder of a drivers’ licensing being in lawful possession of an EV registered for the Service;

EV Owner – means the person or entity lawfully registered as the proprietor of an EV registered for the Service; 

Price means the (tax exclusive) gross price per kilowatt of electricity payable by YOU in consideration for the electrical charge of Your EV at OUR Charging Stations as well as in consideration of other paid services;

Payment Business Partner means a third-party financial partner of PowerDot that is engaged with payments via the PowerDot App presently being “Stripe”. Partner is engaged with the processing of online secure payment of Fees including credit card (Visa, Mastercard) payment processing;

PD – is the acronym for “Power Dot” in which WE operate EV charging units as well as certain other car services such as vacuum cleaners, self-washing machines, tire pressure units, water supply units. PDs are also equipped with resting areas for EV Drivers and EV Owners that may including, depending on availability and location, vending machines, coffee machines, play and resting/recovery areas;

PPS – is the acronym for Powerdot PIT-Stops which are EV charging units operated by US in existing designated parking lots;

Service – means the PowerDot Service as available at Charging Stations;

WE – means POWERDOT – HorizenDistance SA, NIF 514790342, Our successors and permitted assigns, their management bodies, staff, legal representatives, agents and officers; 

Working Day means a day other than a Saturday or a Sunday on which trading banks are open for business in Portugal; 

You means an EV Owner or EV Driver registered for the Service.

1. Acceptance of Terms

Your use of the Service is subject to the herein Terms. Except as specified herein, these Terms apply to any use by YOU of the Service. 

By engaging the Service, You confirm that You agree to these Terms, the Privacy Policy, the App Terms (where/if applicable) and You represent and warrant to US that You are of age and have contracted on Your own free will in an unconditioned and clarified way. 

You should print out a copy of the Terms or save them to your computer for future reference provided however that our digital records associated with the engagement of a Service shall serve as sufficient evidence for contractual purposes.

2. Pre Conditions for Service

In order for US to enable the use of the Service to You and YOU being able to use the Service for its intended purposes it is a mandatory pre-condition that You download and install OUR App, that YOU register at the APP (either as an EV Driver or EV Owner), that YOU grant YOUR Consent to Your Data being processed by US and Our Business Partners and that YOU accept these Terms, the APP Terms (as applicable) and OUR Privacy and Cookies Policy available here. The access to PD is subject to YOU being registered with US and being granted an RIFD Card (ID Card) with which YOU will gain access to the PD and WE will be able to process, supervise and monitor Your use of the Service. You may not engage or use the PD and engage a Service therein unless You have done this.

The access and sharing of Your Data throughout our Business Partners network is necessary for You to access parts of the Service. Read the terms of OUR Privacy Policy here carefully, and if You agree please accept it. Service may not be totally or partly available to YOU (v.g. payment or access to Wi-Fi at PDs) unless You do this.

In order to make payments via the APP and engage with the Service You must associate a valid payment method to YOUR profile. Whenever You engage the Service YOU are charged YOUR consumption by Our Payment Business Partner. 

The Service as well as OUR app is intended for 18+ (whether in Google Play and Apple Store) only. 

Minors (as such are defined pursuant to the laws of Portugal) shall not be admitted to engage, access and use the Service. If You contribute or otherwise provide Your Data for the purposes of registering at the APP and/or engaging the Service, You must be of age according to Your personal laws and in general You must not be under the driving age of 18 (eighteen). Without prejudice from the aforesaid, Guardians should remain vigilant at all times of Minors and shall be fully liable for their unsupervised activity where Minors may fraudulently impersonate a person of age and purchase and/or access the Service from US.

A Guardian (if applicable), shall defend and hold US indemnified and harmless from any consequences arising from the engaging and/or access and/or use of the Service by a Minor that may be under Your parental control, guard and/or custody.

The Service is not B2B intended although in certain circumstances the Service may be available to professional drivers.

Natural People, as well as companies, corporations and any other collective persons should adopt measures and controls to supervise internet activity involving them by whatever means (if any).

PLEASE BE ADVISED THAT WE do not verify or validate the existence (whether natural or legal) of any entities, their status, age, nor by any means control their professional references or criminal background nor do WE check representation rights of anyone claiming to act as a legal representative of someone else, whether a natural person or any institution, corporation, company, association or any other form of collective person.


3. DESCRIPTION OF THE SERVICE (THE “SERVICE”)

The PPS is simpler so that You may use the App to navigate to YOUR nearest PPS located in an already existing parking lot and simply charge Your EV.

The PD and the PPS are collectively referred to as OUR Service.

We will provide Charging Stations as we see fit to enable you to recharge your EV. In doing so, we may: 

(i) suspend or refuse access to a Charging Station at any time, for any reason; and 

(ii) suspend cost-free charging at a Charging Station. 

We will endeavour to keep Charging Stations free from any faults, errors or defects but WE do not guarantee, and are under no obligation to ensure the availability, compatibility with your EV, or performance of any of our Charging Stations, nor are WE able to guarantee an uninterrupted supply of electricity to Charging Stations. 

We will make sure that OUR Charging Stations comply will all relevant statutory requirements and appropriate industry safety standards. 

We must take reasonably practicable steps to ensure that (i) the health and safety risks arising from the use of Charging Stations is (if possible) eliminated or (if this is not possible) minimized; (ii) that WE announce clear instructions of use of the Charging Station; (iii) that YOU know who and how to contact if needed. 

 The Service depend on Your registration at OUR App and depend on the Data that You upload upon registration. Without such Data the Service may not be provided to You entirely. Your Name, contacts, VAT number, home address, EV model and license plate, credit card data are essencial for the Service to be processed and paid for by You. Other Data pertaining to Your interests, preferences, professional background or motivations may be collected to bring You a more relevant PD Service and/or to ensure that You have a wonderful user experience. 

The Data that You provide to US is managed on a cloudbased basis by OUR Cloud Business Partner from both physical and virtual infrastructure spots located whether within and outside the European Union (including the United States of America and Switzerland). We may be able to retrieve Your Data from our database upon request to Our Business Partners provided however that completion of removal or deletion may be delayed for reasons beyond Our control.

You acknowledge and agree that the Service and the Charging Station itself may collect certain statistical information concerning the use of the Charging Station. You acknowledge that this is not to be regarded as YOUR personal data. 

You shall use the Service at Your sole risk and sole judgement and criteria. Neither We or Our Business Partners may take any liability for the use of Service other than pursuant to these Terms.

You must take all reasonable efforts to make sure that you follow the instructions that are displayed on or near the Charging Station. These instructions may change at any time and it is your responsibility to make sure that you follow the instructions that are displayed at the time you use the Charging Station. 

PLEASE REFER TO YOUR EV USER MANUAL THAT DESCRIBES HOW TO RECHARGE YOUR EV SAFELY AND EFFICIENTLY, AND YOU MUST TAKE ALL REASONABLE EFFORTS TO RECHARGE YOUR EV IN ACCORDANCE WITH SUCH MANUAL. 

You must only use, or attempt to use Charging Station for recharging an EV if your EV is compatible with the Charging Station. 

Your use the Charging Stations must be fair and reasonable, and must not be excessive. If, in OUR discretion, WE consider that YOUR usage is unfair, unreasonable or excessive, WE may immediately suspend, modify or restrict YOUR access and use of OUR Charging Stations. 

You must not use one of our Charging Stations in a way that will put the Charging Station, YOU or anyone else in danger (including the EVs of others). 

If YOU are not the EV Driver or EV Owner and YOU wish to recharge the EV at one of OUR Charging Stations, YOU warrant that YOU were authorised to do so and that, by connecting the EV to the Charging Station, YOU have authority to bind EV Driver or EV Owner to these Terms. 

You acknowledge that OUR Charging Stations will not be supervised and that YOU will use them at your own risk. WATCH YOUR EV AND YOUR BELONGINGS AT ALL TIMES. 

When YOU are using one of OUR Charging Stations YOU agree to keep the area around the Charging Station clean and tidy, and to comply with any reasonable request made to YOU including any request to immediately suspend, modify or restrict YOUR access or use of the Charging Station. 

YOU are compelled to take care of YOUR health and safety and those of others around YOU at all times. 

If there are any faults or YOU have any issues with any of OUR Charging Stations, please contact US at uber@powerdot.pt 

WE are constantly innovating in order to provide the best possible experience to OUR clients. You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to You. Without limitation, WE may freely source from multiple partners, WE may brand or co-brand OUR Service, WE may change locations, WE may add or remove services and WE may interchange PDs with PPS and vice-versa at OUR sole discretion. You acknowledge and agree that WE may stop (permanently or temporarily) to provide the Service at OUR sole discretion, without prior notice to You. 

You may stop using the Service at any time and WE may otherwise determine YOU to stop using the Service at any time, particularly when YOU fail to abide by the terms of use of the Charging Stations, the directions by any of OUR staff or Business Partners as reasonable necessary to ensure rightful delivery of the Service to You and others. You do not need to specifically inform US when You stop using the Service provided that YOU are and remain in goodstanding with Your payments to US and OUR Business Partners in respect of the use of the Service.  

In order to use the App, You need to have Internet access, either directly or through a device that accesses web-based content, and You need to pay for the connectivity fees to Your suppliers. You must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for the adequacy and good performance of such equipment. 

4. THE APP USE IN CONNECTION WITH THE SERVICE

The APP is personal to You and assumes as a mandatory pre-condition that You became a registered user (whether as an EV Driver or EV Owner) to access and use the Service. 

To register and use the APP You may have to insert Your login and password (“Your Codes”). Your Codes are personal to You. 

You will keep Your Codes in strict secrecy and You will not show, entrust, deposit or share them with any third parties. You are fully accountable and responsible for restricting access to any devices or media in which Your Codes may be easily accessible, where Your

odes may be kept in memory thereby automatically displaying the APP, where Your Codes may be recorded, stored, deposited and/or maintained.

You shall maintain adequate levels of security and protection of Your Codes. Whenever You become aware that Your Codes were stolen, copied or are being abusively used by anyone without Your knowledge or consent You will refrain from further usage of the APP. You will uninstall the APP from Your device and will download it again and re-register with another login and password. Your past interaction with/at the APP will irreversibly be lost.

THE SOFTWARE AND/OR HARDWARE THAT YOU USE TO DECIPHER YOUR CODES AND ACCESS TO THE APP (if any) ARE AT YOUR SOLE DISCRETION, RISK AND LIABILITY.

You are fully responsible for all activities that occur under Your version of the APP and associated to Your profile at the APP including any and all use of the APP with Your Codes. 

You shall defend and hold US harmless from any consequences arising from Your use of Your Codes and any and all activity at the APP.

5. PRICING AND TAXES INFORMATION

Prices are in consideration for the Service engaged by You delivered to You on a “as is” and “as available” basis without representations and warranties whatsoever being. 

The prices are in Euro. Prices announced at Charging Stations already include applicable sales taxes, delivery charges or other international taxes or duties, being Public Prices.  

Prices are freely determined by US based in market conditions and availability of resources. OUR Prices are announced at Charging Stations and at OUR APP. Engagement of a Service assumes that YOU accept the Prices. We reserve ourselves the right to revise Prices at OUR sole discretion and YOU are entitled not to use the Service where YOU disagree with the announced Prices.

WE do not have an influence and by no means monitor or exert any kind of control over the prices or fees of OUR Business Partners nor WE do have contact or means of knowing and exerting influence over them. 

Payment operates as a pre-condition for charging Your EV at one of Our Charging Stations. Where You do not pay or Your balance is not settled with US, YOU may be denied access to the Charging Stations and be prevented from engaging on further Service until You settle the balance and reinstate goodstanding. 

No adjustments, discounts or refunds are acceptable unless You have a discount voucher or a promotion code, in which case such promotion or voucher is personal to YOU and YOU should use it associated to Your APP account/profile.

6. PAYMENT

We may provide to You certain payment methods that are directly delivered to You by OUR Payment Business Partner. You may pay by payment method of Your choice as part of the Service Order process at the App. 

Payment Business Partners may change the payment methods at any time but this will not affect any existing Service Order. 

Please Note that certain payment methods may not be available on certain locations and may be limited to certain cards or have diverse conditions depending on the card You use.

If You choose to pay with credit card You will be directed to a secure payment area of the responsibility of Payment Business Partner. You acknowledge and agree that: (i) Payment Business Partners may charge You for the amount of Your Order and any expenses as shown in the balance of Your Checkout box according to the payment method You have selected; (ii) You will provide valid and current information in respect of Your payment/ credit/debit information for (a) yourself and (b) if applicable, another person, provided that You are lawfully effectuating a purchase in the name and on behalf of such person and under his/her express consent; (iii) Payment Business Partners may use tools, software or services of payment processors to process transactions on their behalf; (iv) if Your payment is not received for any reason, You agree to promptly pay all amounts due upon request and using the other available payment method as determined by Payment Business Partners; and (v) You may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer for which You shall be solely liable.

You acknowledge and agree that any payments processed by OUR Payment Business Partner imply that You are transmitting certain Data to such Payment Business Partner and the terms of Payment Business Partner’ privacy shall apply to their use of such Data. 

We shall have no responsibility for the use of Your Data by OUR Payment Business Partner provided however that Service depends on that YOU share Your Data and interact with Payment Business Partner. 

7. DISCLAIMER AND SERVICE WARNINGS

We do not endorse, warrant or guarantee the Service. The Service is delivered to YOU on a “as is” and “as available” basis.

Your dissatisfaction with the Service as well as any other personal opinions You may have in respect of the Service may not and will not justify a refund, discount or any revisions of the Prices provided however that You may use all legal means You have at Your disposal to file a complaint against US or direct to US any feedback to improve the Service.

YOU MAY NOT BROADCAST YOUR USE OF THE SERVICE (EVEN WHERE SUCH MIGHT HAVE BEEN DISSATISFACTORY TO YOU) IN ANY PLATFORMS, WEBSITES, SOCIAL MEDIA, BLOGS OR ANY OTHER SITES UNLESS IN A RIGHTFULL AND RESPECTFULL MANNER OR UPON OUR PRIOR WRITTEN CONSENT PROVIDED TO YOU IN WRITING. Any references in public to the Service may not be detrimental to OUR tradename, our reputation and those of Our Partners. 

WE reserve Ourselves the right to prosecute YOU where WE – at OUR discretion – find that You have addressed US or OUR Service in a manner that is detrimental or impairing of our good tradename, our reputation, goodwill or otherwise. You will be solely and directly liable to US for any and all of Your declarations, Content, representations and/or statements concerning OUR Service, OUR Company and OUR Busines Partners, Staff or related persons in all circumstances.

PLEASE BEAR IN MIND THAT INTERNET IS UNSTABLE AND INFORMATION YOU ACCESS ONLINE MAY NOT BE SUFFICIENTLY PROTECTED AT ALL TIMES. REFRAIN FROM SHARING YOUR INFORMATION ONLINE AND/OR ON SOCIAL MEDIA UNLESS SUCH IS RELEVANT TO YOU. 

Please check the privacy policy, warranty policies, sales conditions and/or any other conditions of use that may apply to Partner services being offered to YOU at Charging Stations. WE SHALL NOT BE ABLE TO CONTROL OR EXERT ANY CONTROL OVER SUCH SERVICE OFFERINGS BY OUR BUSINESS PARTNERS AND ANY AND ALL TRANSACTIONS BY AND BETWEEN YOU AND SUCH BUSINESS PARTNERS ARE EXTERNAL TO US AT ALL TIMES.

8. YOUR REPRESENTATIONS AND WARRANTIES

  • You represent and warrant to US that:
  • You are of age and You will not use the Service for any purposes unlawful or prohibited; 
  • You are either an EV Driver or an EV Owner in rightful possession of the EV with which you access and use the Charging Station;
  • You have all necessary consents, licensing, authorizations or permits to drive the EV and use the Service; 
  • YOU will not use the Service in any manner that could damage, disable, overburden, or impair the reputation or good name of US, OUR Service or that of Our Business Partners; 
  • You may not Broadcast or Share the use of the Service or any particulars of the Service unless where You are being respectful or have otherwise obtained OUR prior written consent granted to You; 
  • You understand that Service is not for recreational use;
  • Part of the Service is based on the Data that You provide to US for which purposes You consent to US, our contractors, successors and assignees’ collection and processing of such Data in connection with the Service;
  • Your engagement of the Service does not breach any laws or the rights of third parties and will not be regarded as an unlawful act in connection with any laws;
  • You are aware that the Service may be performed in the European Union, Switzerland or outside any of the latter regions (including in the USA) and regardless the fact that You may be a EU or Non- EU resident national;
  • You shall take responsibility for all possible consequences resulting from the wrongful or abusive use of the Service; 
  • You take all responsibility for the consequences of sharing with others any information pertaining to US, the Service or that of OUR Business Partners that may be considered offensive, detrimental, impairing; 
  • You understand and accept that OUR Privacy and Cookies Policy will apply to the Service and that Your Data will be collected and processed by US and Our Business Partners in connection with the Service subject to the terms of the Law; 
  • You acquire no rights or title in respect of the Service by using it or contributing for its improvement with any ideas, feedback or content; 
  • You shall defend, indemnify and hold US, OUR affiliates and respective directors, officers, employees and agents fully indemnified and harmless against any claims, losses, damages, liabilities, costs and/or burdens including attorney’s fees, arising out of or in connection with Your use of the Service or the breach of these representations and warranties;
  • You have the legal capacity and ability, under Your personal laws, to provide these representations and warranties.

Without prejudice for any other remedies, in case of breach of any one of these representations and warranties YOU confer to US the right to exclude You from the Service and cancel Your App Profile at no further remedy to You.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY 

The Service may store and display information on certain aspects of Your life and the way You interact or use the Service, including the display of videos, photographs or any other possible content uploaded by Us or You into the App, displayed in the internal TV circuits available at the Charging Stations to demonstrate how You use Our Service, Your level of satisfaction or Your experience (“Content”). All rights vesting in, in connection with and/or in respect of Content are reserved to US and OUR Licensors.

YOU grant to US a worldwide, irrevocable, perpetual, royalty-free license for US to use, Broadcast, Copy and distribute by any means and in any media (wire and wireless included) the Content, including the rights to use Your voice, image and Data or parts thereof for OUR own use in view of promoting the Service or making any brochures, commercials or any other company content. 

The original tradename and logo as shown

Power Dot

are copyright protected and may be either owned and/or used under license by US subject to one or more copyright and intellectual property laws (the “Marks”). 

Marks must not be used by You unless We authorize You in writing beforehand. Marks must not be used in connection with any product or service other than the Platform Service, in any manner that is likely to cause confusion among users, or in any manner including without limitation one that may disparage or discredit US, Our reputation, OUR products or services or those of OUR Licensors and partners.

Unless as otherwise stated herein rights in Content and the Marks are either licensed or by other means owned or reserved to US, OUR Licensors and Business Partners. 

Except as provided for herein nothing in these Terms shall be read or interpreted so as to convey to You or any third parties any rights in respect of or related to the Content or the Marks nor any right or license is granted to You by any means to use the Marks or to use the Content in terms inconsistent with or contradictory to Our rights.

All other trademarks not owned by US that may appear in our App or at Charging Stations belong to their respective owners and their licensors. WE have no affiliation, connection or interest to such trademarks and remain as independent business partners with such third parties in connection with the Service only. 

We take intellectual property seriously. If You believe that the protected work of anyone known to You were copied some way, please let us know at INSERT CONTACT EMAIL HERE

10. LIMITED WARRANTIES

Use of the Service shall be at Your sole discretion, risk and responsibility.

We MAKE NO REPRESENTATIONS AND PROVIDE NO WARRANTIES EXPRESS OR IMPLIED AS TO THE QUALITY, QUANTITY, RELIABILITY, ADEQUACY, AVAILABILITY, CORRECTNESS, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PURPOSE WHATSOEVER, PERFORMANCE AND/OR UNITERRUPTED OR ERROR-FREE ACCESS, USE AND/OR OPERATION OF THE SERVICE, THE APP OR THE CHARGING STATIONS AS WELL AS THE AVAILABILITY OR QUALITY OF THE GOODS AND SERVICES THEREIN. 

WE DISCLAIM AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING ALLEDGEBLY FROM THE USE OF THE SERVICE AND/OR THE CONSUMPTION OF GOODS OR SERVICES IN CONNECTION WITH THE SERVICE, WHETHER AT/FROM THE APP OR AT CHARGING STATIONS. 

YOU SHALL NOT PASS OR ATTEMPT TO PASS ON TO US ANY LIABILITY OR CLAIMS YOU MAY AGAINST THIRD PARTY PROVIDERS YOU CONTRACT WITH AT THE CHARGING STATIONS (v.g. Vending Machine providers, Wi-Fi Providers, Concession partners for food and beverages) PROVIDED HOWEVER THAT WE MAY (ALTHOUGH WE ARE NOT OBLIGED TO) PROVIDE YOU WITH CONTACTS OF PARTNERS AND PROVIDERS SO THAT YOU MAY CONTACT THEM TO EXERT ANY RIGHTS YOU MAY HAVE AGAINST THEM.

11. LIMITATION OF LIABILITY

Nothing in these Terms aim to exclude OUR liability (if any) for any matter that would be illegal for Us to exclude or limit pursuant to the terms of the Law.

To the maximum extent permitted by law, We will only be liable to You for direct damages that You suffer as a direct and necessary result from the breach by Us of these Terms. Damages are DIRECT where they arise directly and necessarily from a breach by US of these Terms or arise from OUR breach of mandatory provisions in Law.

Without prejudice and to the maximum extent permitted by law, in no event shall Our total cumulative (not per incident) liability to YOU exceed all amounts paid by YOU to US in connection with the Service in the past 12 (twelve) months as from date when YOU are presenting YOUR claim to US.

TO THE MAXIMUM EXTENT PERMITTED BY LAW YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE FROM THE SERVICE, (v) YOUR FAILURE TO KEEP YOUR CODES SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

WHERE ANY LAW MANDATES THAT WE CANNOT LIMIT OUR LIABILITY THEN THE AFOREMENTIONED SHALL BE CONSTRUED AND INTERPRETED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW. 

12. FORCE MAJEURE

We shall not be responsible for any delay in, or failure of, performance of Our obligations under these Terms arising from any event beyond our reasonable control and where we could have not taken appropriate steps to avoid including third party telecommunication failures. This condition does not affect Your legal rights.

If any event beyond Our reasonable control affects Our ability to perform We will notify You as soon as possible and Our obligations under these Terms will be suspended for the duration of the event outside our reasonable control.

13. DATA PRIVACY 

In order to use the Service, You must first acknowledge and agree to the OUR Privacy and Cookies Policy, without which You may not engage the Service. 

Our Privacy and Cookies Policy supplements the herein Terms and shall form an integral part hereof for all due legal purposes.

We will record Your Data to monitor control and support the resolution of any complaints as wella s to improve Service. Upo termination of Service, Your Data may be irreversibly annonymised to generate data analytics on usage of the Service. We may use Data for research and development, as well as for scientific research purposes in a disaggregated and anonymous manner. We may study a specific group or population, identify potential areas or targets for development, conduct or support the development of services for public, private and/or non-profit entities or otherwise create, commercialize, and apply this new knowledge to develop or create other social collaborative services. 

WE will never use or release Your Data for purposes that are unlawful

We have the right to monitor any use of Our Service at any time and to maintain copies documenting such monitoring. 

14. GOVERNING LAWS AND DISPUTES RESOLUTION

These Terms were drafted and shall be construed and interpreted in accordance to the laws of Portugal.

Any claims arising from or in connection with these Terms shall be exclusively submitted and resolved by the Courts of Lisbon.

You and US expressly agree to the aforementioned disputes resolution clause upon waiver by You and Us of any other forae or disputes resolution form such as mediation or arbitration. 

15. GENERAL

If any provision of these Terms is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms, which shall remain unaffected.

No delay or failure by us to exercise any powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.

Where any communications between US both have been translated to a language other than Portuguese, to the extent there is any conflict between the English version and the local translation, the English version shall prevail. Portuguese versions of this document shall take precedence insofar it refers to Orders shipped to and delivered in Portugal.

You agree that records in Our possession or in that of Our Business Partners shall prove the contents of the commercial transactions between You and Us in connection with the Service.

END OF TERMS