1.1 These Terms and Conditions define the dissemination and advertising services that the webook Porto provides to the Establishment or Promoter.
1.2 O webook Porto must advertise Profiles on the Internet website or means of communication that the webook Porto, according to your total and absolute discretion, consider it appropriate under these Terms and Conditions.
1.3 Profiles will only be advertised during the period specified by the Merchant or Promoter.
1.4 O webook Porto will be responsible for promoting Profiles to all eligible Users (directly and through their channels).
1.5 O webook Porto may allow Users to leave their comments regarding Profiles created by the Merchant or Promoter and their respective experience, visible to all Users (in accordance with the User Terms and Conditions, including, without limitation, any terms related to content generated by Users).
2.1 The goods and services published by the Establishment or Promoter and respective Offers (promotions) must be goods and services generally available to any customer of the Merchant or Promoter, except for special offers or promotions.
2.2 The Establishment or Promoter is the seller of the published goods and / or services and will be solely responsible for ensuring their existence and delivery and that they respect and comply with all applicable laws.
2.3 The obligations of the webook Porto under these Terms and Conditions, they are limited to providing marketing services within the scope of advertising of goods and / or services published by the Establishment or Promoter. O webook Porto is not the seller of such goods and / or services, so the Merchant or Promoter expressly acknowledges that it is solely and exclusively responsible for providing such goods and / or services.
2.4 O webook Porto rejects any and all liability with respect to goods and / or services published by the Establishment or Promoter and any related goods or services. Neither webook Porto nor will its employees, collaborators, directors, managers and representatives or subsidiaries be held responsible for the product, tax issues or any other form of liability for any claims, damages or losses, resulting from or related to the provision of all or any goods or services sold or promised to provide under these publications.
2.5. The Establishment or Promoter must carry out its activity in a commercial establishment that fulfills all the mandatory requirements by law for its work.
3.1 This Clause defines the Offering Standards of the webook Porto which must be observed by the Merchant or Promoter when creating an Offer on the Webook Porto website. Violation of the Offering Standards of the webook Porto may lead to the cancellation of the offer and the prohibition of the Merchant or Promoter to create more Offers in the future.
3.2 Any materials (including text, accessory visual advertising and hyperlinks) included in the Offer must:
- Be exact (in the parts that respect facts).
- Be genuine (in the parts that substantiate opinions).
- Comply with the applicable legislation in Portugal, as well as with the legislation in force in the respective country from which they are issued.
3.3 Offers must not:
- Contain any defamatory content by any person or, in general, be contrary to law, morals and generally accepted good manners.
- Contain any obscene, offensive, hateful or inflammatory content.
- Promote sexually explicit, pornographic, criminal or degrading content.
- Promote violence or incite dangerous, risky or harmful practices to health and psychological balance.
- Promote discrimination based on race, sex, religion, beliefs, nationality, social status, disability, sexual orientation or age.
- Infringing any copyright, database rights or any other intellectual property rights.
- Be liable to mislead anyone.
- Be made in violation of any legal obligation owed to third parties, such as a contractual obligation or a duty of trust.
- Promote any illegal activity.
- Being threatening, abusing or invading another's privacy, or causing unnecessary annoyance, inconvenience or anxiety.
- Be liable to disturb, disturb, alarm or upset anyone.
- Be used to represent any person, or to tamper with their identity or their affiliation with any person.
- Give the impression that they come directly from webook Porto.
- Advocate, promote or support any illegal act such as (for example only) copyright infringement or computer misuse.
4.1 Each party must own and retain all rights, titles and advantages in Intellectual Property rights and materials owned or created by or for that party. Neither party shall make any claim to the contrary.
4.2 The Merchant or Promoter grants Webook Porto a royalty-free, irrevocable, universal and non-exclusive license to use, make available, reproduce, modify, publish, edit, translate, distribute, execute, display and sublicense, through various levels of sublicensed , the materials and content provided under these Terms and Conditions, as well as any other necessary and / or convenient Intellectual Property rights to advertise the goods and / or services and the Offers on the Internet website and / or through any other way , means of communication or technology, for the time considered necessary to allow the webook Porto comply with its resulting obligations.
4.3 Each party undertakes to treat with total reserve and absolute confidentiality all confidential information received from the other, regardless of the means and medium of transmission, agreeing and committing itself not to disclose, or in any other way to make such confidential information available to the XNUMXrd.
5.1 Nothing in these Terms and Conditions is intended to exclude or restrict or should be construed to exclude or restrict liability for death, personal injury or fraud.
5.2 To the maximum extent permitted by applicable law, and without prejudice to other exclusions contained in these Terms and Conditions, the webook Porto expressly excludes any and all liability for any of the following losses or damages, regardless of their nature, including, without limitation, for false statements or guarantees given for negligence:
5.2.1 Loss of revenue;
5.2.2 Loss of current or loss of profits (including loss of profits from contracts);
5.2.3 Loss of expected savings;
5.2.4 Loss of business;
5.2.5 Loss of opportunity;
5.2.6 Loss of goodwill;
5.2.7 Loss of reputation;
5.2.8 Loss, damage or corruption of data or software;
5.2.9 Wasted expenses;
5.2.10 Any indirect or consequential loss or damage, regardless of how it was caused (including, when such loss or damage is of any of the types specified in paragraphs 5.2.1 to 5.2.9).
5.3 Except as otherwise provided in this Clause 5, the limitations and exclusions of liability for damages in these Terms and Conditions apply regardless of whether the liability is based on breach of contract, damage (including negligence), breach of warranties, restitution or otherwise for the determination of liability.
5.4 For the purposes of this Clause 5, “liability / liabilities” means any and all claims, claims, actions, compensation, costs (including court costs and other expenses), expenses, damages, losses, fines and other liabilities of any nature.
6.1 These Terms and Conditions are regulated by Portuguese law and subject to the exclusive jurisdiction of Portuguese courts.
6.2 These Terms and Conditions constitute the entire agreement between the parties in relation to its object. Each party acknowledges that it does not depend on any representations, warranties, commitments or representations given or made by the other party with respect to the subject of these Terms and Conditions, except as expressly set forth herein (including the Order Form).
6.3 These Terms and Conditions may be resolved by either party, upon written notification, immediately after the occurrence of any of the following events: (i) if the other party ceases to exercise commercial activity; (ii) if the other party violates any provision of these Terms and Conditions or (iii) in the event of the other party's insolvency, provided that the Merchant honors all Offer codes issued by the webook Porto for Users within the scope of the Offer.
6.4 Any information, communication or notification to be made by the webook Porto to the Establishment or Promoter under these Terms and Conditions it can be delivered by hand or sent by registered mail, fax or other equivalent means of communication to the address indicated in the Order Form. Any information, communication or notification to be made by the Establishment or Promoter to the webook Porto under these Terms and Conditions it may be delivered by hand or sent by registered mail, fax or other equivalent means of communication to its registered office or other address, as indicated in these Terms and Conditions.
6.5 If any Clause, paragraph or provision of these Terms and Conditions is declared invalid, ineffective or inapplicable, in whole or in part, such Clause, paragraph or provision must be reformulated to the extent necessary to make it applicable, and such change it will not produce any effects nor affect the validity of the remaining stipulations provided herein.
6.6 Any third party to this Agreement will have no rights under it, without prejudice to the ability of the User to enforce the obligations imposed here on the Establishment or Promoter to honor the Offer codes and provide the goods and / or services covered by the Agreement. Offer.
In addition to the capitalized expressions defined in these Terms and Conditions, the following expressions will have the meanings set out below.
Mobile application means the application provided by the webook Porto to be used on mobile phones and other mobile devices through which Users can access Webook Porto services, as well as any website on the Internet, microsite, mobile application or any other means of distance information service, operated by webook Porto directly, by itself, or indirectly, through applications or websites of its technological partners.
Offer Code means the code, voucher, ticket, coupon, token and / or password (or similar) assigned to the User by webook Porto upon acceptance of the Offer (upon payment of the Booking Fee, if any), proceeding with the webook Porto to its issue on behalf of and on behalf of the Establishment or Promoter, and on the basis of which the User may require the Establishment or Promoter to carry out the Offer or the goods and / services.
Establishment or Promoter means the entity, natural or legal person, registered and with an open account on the Webook Porto website, responsible for creating, content, launching and activating the announcement of an Offer to Users, via the website webook Porto.
Order Form means the Merchant or Promoter registration application form on the Website webook Porto completed by the Establishment or Promoter and which contains the information about it.
Offer means the offer of goods and / or services to be sold by the Merchant or Promoter to Users, after registration of the Merchant or Promoter on the website webook Porto.
Offer Patterns webook Porto means the rules applicable to the Offers provided for in Clause 4.
Intellectual Property means (i) patents, pending patent applications, designs, trademarks and trade names (registered or not), copyright and related rights, rights relating to databases, knowledge and confidential information, (ii) any other rights intellectual property and similar or equivalent rights worldwide, which currently exist or are recognized in the future, and (iii) orders, extensions and renewals in relation to any of these rights.
website webook Porto means one or more pages on the Internet, microsites or mobile applications, operated by webook Porto, directly, by you, or indirectly, by redirecting your technological partners.
Reservation Fee means the fee paid by the User to Webook Porto regarding the activation of an Offer code and which will be disclosed on the website webook Porto periodically.
User means the end user of the website and web platforms of the webook Porto.