1. OWNERSHIP OF THE PORTAL: “(www.tourist-care.com)”:
This document describes the terms and conditions of the contract (hereinafter called “Terms and Conditions”) applicable to the access and use of the services offered by UNLIMITEDCARE – Serviços de Saúde e Assistência, S.A. (hereinafter called Entity), with its registered office in Lisbon and with a single company tax and registration no. 510 367 515, is the owner of the web page www.tourist-care.com.
The domain through which the Portal is accessed is the owned by the aforementioned Entity. The name of the domain cannot be used in connection with other content, products or services which are not owned by the Entity and/or the Companies of the Business Group to which it belongs and neither can it be used in a way that could cause confusion among final users or discredit the Entity or the Business Group.
- This Legal Notice defines the conditions of access, browsing and use of the web page www.tourist-care.com, as well as the responsibilities deriving from the same.
- Access to the aforementioned web page does not require the submission of any data, unlike the data required for filling in forms, sending requests for information, consultations, complaints, proposal for contracting and any other act of a similar nature through forms and/or electronic boxes on the web page, acts which involve the registration of the person, who accesses the web page and acts as aforementioned, as the “Registered User”, a status which requires the User’s knowledge and express acceptance of all of the provisions in this Legal Notice.
If the User uses the Portal to contract products or services available in the same, this contracting will additionally require the User’s knowledge and express acceptance of the General Conditions and possibly the Specific Conditions which, according to the contract, have been established for that purpose and which will be transmitted to the User during the contracting process.
3. ACCESS TO AND USE OF THE PORTAL
- Access to the web page by Users is unlimited, free of charge and no formalities are necessary.
- However, the contracting of products and services made available through the Portal may be subject to prior compliance with formal requirements such as the filling in of the corresponding form, the payment of fees and/or prior acceptance of the General and/or Specific Conditions applicable to the same.
- The simple accessing of the Portal does not involve establishing any kind of commercial connection or relationship between the Entity and the User, except when the parties have taken the proper steps for this purpose and the User has complied with the prior requirements which have been established for them.
- The insertion of information in the Portal pertaining to the services offered by the Entity is exclusively for informative and advertising purposes except when another objective is expressly established.
- The contracting of any service requires prior registration by the User, under whose terms they undertake to provide correct information and to guarantee the authenticity of all personal data they introduce during the process of filling in the forms required for this purpose.
- To register, the User must fill in all fields of information in the Registration Form.
Once registered, the Registered User may access the “Client Area” by inserting their “Identifier” and a “Password”;
- The Entity is not responsible for the veracity of the information provided by the User. In any case, only the User is responsible for the veracity, exactness and authenticity of the personal data they themselves insert.
- Once the User has been attributed an Access Identifier and/or Password, they will recognize that it is non-transferable and undertake to use this information legally and diligently, keeping it a secret and being responsible for holding and keeping it confidential , undertaking not to allow third parties to use it temporarily or permanently, and not to permit its access by third parties.
- The user undertakes to inform the Entity immediately of any fact or act which would allow the improper use of the identifiers or codes by third parties, such as theft, robbery, loss or unauthorized access to the same, in order to cancel them.
- Whenever the User fails to communicate the occurrence of these facts, the Entity will be exonerated of any liability which may derive from the improper use of the identifiers or codes by unauthorised third parties.
- In any case, access to, browsing and use of the web page and the use or contracting of the services or products offered through the same is the sole and exclusive responsibility of the User, who undertakes to faithfully and diligently follow the additional instructions provided by the Entity or by personnel authorized by the same, for the use of the Portal and respective content.
- The User gives their undertaking to the Entity that they will not use content, products and information of any kind obtained through the Portal for business purposes specifically involving direct sales, unsolicited messages addressed to multiple persons with no connection to its purpose and will abstain from doing business or disseminating the aforementioned information in any form.
- The Entity has taken the technical measures necessary to guarantee the functioning of the Portal. However, the Entity is not responsible and does not guarantee the continuity of the content of the Portal and/or the availability or access, maintenance or effective functioning of the Portal, or the technical continuity of the same: (i), the absence of errors in the advertising content (ii), the absence of viruses and other elements which could cause harm to the Portal or its server (iii), the invulnerability of the Portal and/or access to the security measures adopted in the same (iv), the damage or harm caused to the User or third parties by any person gaining access to the data by violating the Portal’s security systems;
- The Entity will make every effort to ensure that the content published in the Portal is up-to-date and to prevent errors or omissions in the same.
- Any communication or transmission of content which infringes the rights of third parties and /or whose content is threatening, obscene, defamatory, pornographic, xenophobic and/or attacks the dignity of people or the rights of children, laws in force or any behaviour which incites or constitutes a crime.
It is also prohibited for Users to include and communicate content which is fraudulent or incorrect and which would or could lead to error on the part of the Entity and third party associates responsible for providing the services to the User.
The User undertakes to use the Portal in good faith according to the law and conditions of use transmitted by the Entity, and is forbidden to use the same for purposes which are illegal or prejudicial to the Entity or to its normal functioning or that of the economic group of which it is a member.
5. INTELLECTUAL PROPERTY RIGHTS:
- The Entity holds the licence for the rights for the exploitation of intellectual, industrial property and images of the content available through the Portal, particularly of texts, graphics, drawings, codes, software, photographs, videos, sounds, data bases, indexes, images, trademarks, logos, expressions and information and generally any other creation protected by national standards and international treaties on intellectual property, hereinafter called Content.
- The Entity reserves, in its favour, all of the intellectual and industrial property rights over the Content and it is specifically forbidden to modify, copy or reproduce all or part of the Content in the Portal in any form or using any electronic, mechanical or other means, including photocopies of printed pages, recordings or any information storage process, or to communicate publicly , transform or distribute the same in any form, except when expressly authorized by the Entity in writing.
-The User’s access and browsing of the Portal does not, under any circumstances, imply the waiver, transmission, licensing or total or partial transfer of the aforementioned rights by the Entity.
- References to commercial or registered names and trademarks, logos or other distinctive symbols which are owned by the Entity or other companies cannot be used without the express consent of the Entity or of its legal owners. Under no circumstances, except when consent has been given expressly and formally by the Entity, is the User granted any rights over trademarks, logos and/or distinctive symbols included in the Portal and protected by the applicable legislation.
6.1 CONNECTIONS TO OTHER WEB PAGES:
- The Entity may provide connections or links directly or indirectly, to resources or internet web pages which are outside the Portal for informative purposes. Those connections naturally do not constitute an invitation to contract products and/or services available in the destination web page, and do not imply any commercial or dependent connection or relationship with the owner of the associated web page. This means that, under no circumstances, will the Entity be held liable for establishing the general and specific conditions of use, provision or contracting of these services by third parties, and will not be responsible for the same in any way.
- The Entity does not have the power or the human and/or technical means to know, control and approve all of the information, content, products or services provided by other web pages with which it is possible to connect through the Portal, and therefore is not responsible for any aspect of the web pages of third parties, particularly their functioning, access, data, information, files, quality and reliability of products and services, as well as their own connections and/or any of their content in general.
6.2 CONNECTIONS FROM OTHER WEG PAGES:
- Users, other entities or web pages wishing to establish some kind of connection or link with the Portal should obtain prior express authorization from the Entity in writing.
- The link may only go to the main page of the Portal except in cases where the Entity expressly authorizes something different.
- The link should be absolute and complete, or rather, should lead the User to the main page of the Portal with a click and include the full screen of the main page. Under no circumstances, except when the Entity expressly authorizes something different, can the web page from which the connection is made use any means to reproduce the Portal or to include the Portal as part of its web page or within one of its frames, or create a browser for one of the Portal’s pages.
- On the web page from which a connection is made, it cannot be declared in any way that the connection has been authorized by the Entity except where this is the case. If the entity has made the connection from its web page to the Portal correctly and wishes to include the trademark, name, business name, label, logo or any other symbol identifying the Entity and/or the Portal, it should obtain express prior authorization from the Entity in writing.
- Connections to the Portal are prohibited for all web pages containing material, information or content which is illegal, degrading, obscene and which generally offends morals and good customs, public order, the legislation in force, generally accepted social standards, or which are harmful to the legitimate rights of third parties.
- Cookies are small files of information which allow the Entity to compare and understand how Users browse their web page and consequently to be able to improve the browsing process.
- The cookies used do not store any personal data or any information which could identify the User. If the User does not wish to receive cookies, they should configure their internet browser to exclude them from the hard disc of their computer, block them or alert the User in cases where the same have been installed.
- To browse according to the configuration of cookies which has been pre-programmed by the Entity, it is sufficient for the User to continue to browse the web page and accept the Cookies Policy when requested.
- The Entity is in a position to ensure the Users who provide their personal data (specifically to access information or contract services; manage the provision of the services requested; request information; send documents ; complaints; answer surveys; statistics and market research; among other possible objectives) that the collection and processing of personal data will fulfil the provisions of the applicable legislation, and in particular with Law No. 67/98, of 26th October, and the Entity is under obligation to honour confidentiality and professional secrecy
- During the process of registration as a User, the owner of the data will be informed of the need to provide their personal data. When the User gives an email address or other means of electronic communication, they immediately and expressly authorise the Entity to use the aforementioned address as a means of communication specifically for responding to their request and/or consultation, transmit information about the Entity which is of a commercial nature and inform them of any relevant change made to their Web page, as well as other non-specified purposes.
- For the purposes of the provisions of Law No. 67/98, in cases where the User provides the data of third parties which is of a personal nature, they should inform the persons concerned of the content of the data provided, the purpose of the file and the possibility of exercising the right to access, rectification, cancelation and objection, as well as the identification and contractual data of the Entity.
8. DURATION AND AMENDMENT:
- The Entity reserves the right, at any time, without the need for prior notice, to amend or delete the content, structure, graphic layout, services and conditions of access and/or use, or to withdraw, suspend or interrupt the User’s access to the aforementioned Portal, without this action granting the User the right to any indemnity and/or compensation.
- After the cancellation of access to the Portal for whatever reason, the prohibitions for using content described in this Legal Notice continue to be in force.
- The Entity reserves the right to amend this Legal Notice and/or the specific conditions which have been established in this case for the use and/or contracting of the products and services provided through the Portal, when opportune, particularly when there is a need to adapt the same to changes in the law and technology, these amendments being valid and in force as from their publication in the Portal.
- The period that these condition of use are in force therefore coincides with the time they are announced until they are totally or partially amended , at which time the amended conditions of use will come into force.
- If the User disagrees with the content of these Terms and Conditions or with the General Terms and Conditions for the Contracting of the Services provided by the Entity, they should abandon the connection with the Entity’s web page and/or not contract any of the services offered on this page.
- The User shall contact the Entity using the contact data provided on the web page.
- Communications between the Entity and the User will use the contact data provided, establishing the use of electronic mail as the preference for communication between the Contracting Parties.
10. PREVALENCE, INVALIDITY OR UNENFORCEABILITY:
- The headings of the clauses in this Legal Notice are merely informative and will not affect, determine or modify the interpretation of the same.
- In cases where there is a contradiction between a provision in this Legal Notice and a provision in the Specific Conditions applicable in the case of contracting one of the services offered in the Portal, the provisions of the Specific Conditions will prevail.
- In cases where one of the provisions of this Legal Notice is deemed to be totally or partially invalid or unenforceable by a court or administrative ruling issued by the competent authorities, this will not affect the remaining provisions of the Legal Notice or the Specific Conditions which are applicable.
- The failure of the Entity to exercise any right or provision contained in this Legal Notice will not be a waiver of the same.
11. APPLICABLE LEGISLATION AND JURISDICTION:
- Portuguese law is applicable to this Legal Notice and the relationship established between the Entity and the User.
- For all issues deriving from the interpretation and application of this Legal Notice, as well as any disputes which may result, the Court of the Lisbon Jurisdiction is competent if no other court deems itself competent due to mandatory provisions of law.