User Terms and Conditions

Within the scope of the Digital Commercial Districts program, the Municipality of Quarteira (hereinafter referred to as “Municipality”) contracted Mygon Lda, NIF, 510005420 (hereinafter referred to as “Mygon”) to implement and manage the Digital District’s Marketplace composed of a website and mobile applications (hereinafter referred to as “Marketplace”).

Both parties jointly as “Digital District”

The following Terms and Conditions constitute the agreement between the User and the Digital District regarding the use of the Marketplace. By registering as a User, the User agrees to be legally bound by these Terms and Conditions. Expressions beginning with capital letters not defined in these Terms and Conditions shall have the meanings set forth in the registration form and the Privacy Policy.

1. USE OF THE MARKETPLACE

1.1 By registering on the Marketplace the User guarantees that:

1.1.1 is legally capable of entering into a contract;

1.1.2 is at least 18 years of age;

1.1.3 will comply with these Terms and Conditions, especially regarding the Prohibited Uses set out in Clause 5 and the Content Standards in Clause 6 (Note: The original text refers to Cláusula 9 and 10, which appear to be numbering errors in the source, as the sections are numbered 5 and 6 below).

1.2 To make a reservation or order or adhere to an Offer, the User must first become the holder of an account on the Marketplace, providing, for registration purposes, the information requested in the respective form, including, but not limited to, the email address and telephone number.

2. ACCESS TO THE MARKETPLACE AND DIGITAL DISTRICT WEBSITE

2.1 Access to the Marketplace is permitted on a temporary basis and the Digital District reserves the right to cancel or modify the service it provides through the Marketplace, without prior notice, to Users who do not comply with these Terms and Conditions (see below). The Digital District will not be liable if, for any reason not attributable to it, the Mobile Applications and/or websites are unavailable at any particular time or for certain periods of time.

2.2 Occasionally, the Digital District may restrict the access of account holders to some contents of the Marketplace or to the entire Marketplace.

2.3 If the User chooses, or is assigned, a member number, password, or any other type of information that is part of the Digital District’s security procedures, the User must treat such information as confidential and must not disclose it to third parties. The Digital District may deactivate any member number or password, whether chosen by the User or assigned by the Digital District, at any time, if in the opinion of the Digital District the User has failed to comply with any provision of these Terms and Conditions.

2.4 The User is responsible for carrying out all necessary procedures to gain access to the Marketplace. The User is also responsible for ensuring that all persons who access the Marketplace through that User’s Internet connection are aware of these Terms and Conditions and act in accordance with them.

3. HOW THE CONTRACT BETWEEN THE USER AND THE DIGITAL DISTRICT IS CONCLUDED

3.1 The contract between the User and the Digital District is concluded when the User makes a reservation or order or obtains an offer.

3.2 The Digital District is not the supplier of the goods and/or services on the Marketplace; these will be provided by the Merchants. Thus, the Digital District disclaims any responsibility regarding the availability and/or content of the Offers and/or the enjoyment of the service provided or order made available.

3.3. The User undertakes not to claim the object of the Offer from the Merchant, without prior reservation of the same through the Marketplace.

4. CONSUMER RIGHTS

The User may cancel their Marketplace account, as well as the contract, at any time, in their personal area in their profile by clicking the delete account button. This provision does not affect the User’s other legal rights as a consumer.

5. PROHIBITED USES

The User may use the Marketplace only for lawful purposes. The User must not, in particular, use the Marketplace:

5.1 in any way that violates any applicable local, national, or international law or regulation.

5.2 in any way that is unlawful or fraudulent, or that has any unlawful or fraudulent purpose or effect, being obliged, in particular, to refrain from perpetrating any behavior or conduct and/or practicing any act that, directly or indirectly, constitutes or may be susceptible of constituting an abusive and fraudulent exploitation or leverage, for their own benefit or that of third parties, such as, but not limited to, creating false emails or making fictitious reservations to circumvent the points and rewards scheme and illicitly gain points..

5.3 with the intent to harm or attempt to harm, in any way, minors;

5.4 to knowingly send, receive, upload, download, use, or reuse any material which does not comply with the Content Standards referred to in Clause 6 (Note: The original refers to Clause 10, which appears to be a numbering error in the source); 5.5 to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other similar form of solicitation (“spam”); 5.6 in any way that infringes the provisions relating to Viruses and Hacking as enshrined in Clause 12.

6. CONTENT STANDARDS

6.1 All comments or any other content that the User submits to the Marketplace (“Contributions”) must comply with these Content Standards. Any Contributions which, in the absolute discretion of the Digital District, violate these content standards will be removed from the Marketplace and the Digital District may suspend or cancel the User’s Digital District account under the terms of Clause 13.

6.2 The User must comply with the following standards. The standards apply to each part of any Contributions as well as to their entirety.

6.3 Contributions must:

6.3.1 be accurate (where they state facts);

6.3.2 be genuinely held (where they state opinions);

6.3.3 comply with applicable law in Portugal and in any country from which they are posted.

6.4 Contributions must not:

6.4.1 contain any defamatory content about any person or, in general, be contrary to law, morality and generally accepted good customs;

6.4.2 contain any obscene, offensive, hateful, or inflammatory content;

6.4.3 promote sexually explicit, pornographic, delinquent, or degrading content;

6.4.4 promote violence or incite dangerous, risky, or harmful practices to health and psychological balance;

6.4.5 promote discrimination based on race, sex, religion, belief, nationality, social status, disability, sexual orientation, or age;

6.4.6 infringe any intellectual property rights, copyrights, or database rights;

6.4.7 be likely to mislead any person;

6.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

6.4.9 threaten or violate the privacy of others;

6.4.10 be likely to harass or alarm others;

6.4.11 be used to impersonate any person, or to misrepresent the User’s identity or their affiliation with any person;

6.4.12 give the impression that they emanate from the Digital District, if this is not the case;

6.4.13 advocate, promote, or support any illegal act such as (by way of example only) copyright infringement or computer misuse. However, a submission may recommend a change to existing laws.

7. SUBMITTING CONTENT TO THE MARKETPLACE

7.1 Whenever the User submits Contributions, or uses content that allows them to contact other Marketplace Users, they must comply with the Content Standards set out in Clause 6. The User warrants that any Contribution made under these terms complies with those standards and will indemnify the Digital District for any breach of that warranty.

7.2 Any Contribution that the User submits to the Marketplace will be considered non-confidential and non-proprietary and the Digital District will have the right to use, copy, distribute, and disclose such material to third parties for any purpose. The Digital District may also disclose the User’s identity to any third party who claims that certain content posted or uploaded by the User to the Marketplace constitutes a violation of their Intellectual Property rights or their right to privacy, if required to do so by law, administrative or judicial order.

7.3 The Digital District will not be responsible to any third party for the content or accuracy of any material posted by any User on the Marketplace.

7.4 The Digital District has the right to remove any User content from the Marketplace if, in the Digital District’s opinion, that content does not comply with the Content Standards set out in Clause 6.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Mygon is the owner or holds a license for all Intellectual Property rights in the Marketplace and the content published there. These works are protected by copyright law. All rights are reserved.

8.2 The User may print or download extracts of any page(s) from the Marketplace solely for their personal use and may draw the attention of others to the material existing on the Marketplace.

8.3 The User must not modify the paper or digital copies of any materials they have printed or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.4 The Digital District and its respective rights holders do not grant any license, authorization for use of any kind, beyond that referred to in the first part of number 2 of this Clause, nor do they waive, transfer, or assign, totally or partially, any rights.

8.5 The User must not use any part of the materials on the Marketplace for commercial purposes without first obtaining a license to do so from the Digital District or the rights holder.

8.6 If the User prints, copies, or downloads any part of the Marketplace in breach of these terms of use, their right to use the Marketplace will cease immediately, and they will be obliged, if the Digital District so determines, to return or destroy all copies of the materials they have made.

9. RELIANCE ON INFORMATION MADE AVAILABLE

Comments and other materials made available on the Marketplace are not intended to constitute recommendations on which reliance should be placed. Thus, the Digital District is not responsible for the reliance placed on such materials by any Marketplace User, or by any person who is informed of any of its contents. Likewise, the Digital District neither accepts nor assumes any responsibility for any errors or omissions of any kind regarding the content or information published on the Marketplace.

10. CANCELLATION OF OFFERS

The Digital District is not responsible for the actual availability of the Offers created by the Merchants, for their quality and/or conformity with the qualities, properties, and commercial conditions advertised in the Offers, or for the eventual cancellation of the same by the Merchants.

11. INFORMATION ABOUT THE USER

The Digital District processes information relating to the User in accordance with the Privacy Policy. By using the Marketplace, the User expressly authorizes this processing and warrants that all data provided are true.

12. VIRUSES, HACKING AND OTHER INFRINGEMENTS

12.1 The User must not misuse the Marketplace, including knowingly introducing viruses, trojans, worms, programs commonly referred to as “logic bombs,” or other malicious or technologically harmful material.

12.2 The User must not click on the Offers, or create software that automatically clicks on the Offers, with the main purpose of obtaining reward points for the recommendation scheme.

12.3 The User must not attempt to gain unauthorized access to, interfere with, modify, damage, or disrupt the operation of the Marketplace, the server, equipment, or network on which the Marketplace is stored, any software used in the provision of the Marketplace, or any server, computer, server, or database connected to the Marketplace. The User must not attack the Marketplace via a denial-of-service attack or a distributed denial-of-service attack.

12.4 By violating the provisions of this Clause, the User will be committing a crime under the Cybercrime Law, Law no. 109/2009, of September 15. The Digital District will report any violation to the authorities that supervise the application of the applicable legislation and will cooperate with those authorities by disclosing the User’s identity. In the event of such an infringement, the User’s right to use the Marketplace will cease immediately.

12.5 The Digital District will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect the User’s computer, equipment, computer programs, data, or other material due to the User’s use of the Marketplace or due to their downloading of material posted there or on any website linked to it.

12.6 The User must not reproduce, duplicate, copy, or resell any part of the Marketplace in violation of the provisions of these Terms and Conditions.

13. SUSPENSION AND TERMINATION

13.1 The Digital District will determine, in its sole and absolute discretion, whether these Terms and Conditions have been violated through the User’s use of the Marketplace. When a breach of this policy occurs, the Digital District may take the actions it deems appropriate.

13.2 Failure to comply with these Terms and Conditions constitutes a breach of the rules that permit the User to use the Marketplace and may lead the Digital District to take all or some of the following actions:

13.2.1 immediate, temporary, or permanent withdrawal of the User’s right to use the Marketplace;

13.2.2 immediate, temporary, or permanent removal of any comment or material sent by the User to the Marketplace;

13.2.3 issuance of a warning directed to the User;

13.2.4 legal mechanisms against the User for reimbursement of all costs by way of compensation (including, but not limited to, reasonable administrative and legal costs) resulting from non-compliance;

13.2.5 legal actions against the User;

13.2.6 disclosure of such information to law enforcement authorities, as deemed necessary by the Digital District.

13.3 The Digital District excludes any liability arising from actions taken in response to breaches of this usage policy under the accepted terms. The measures described in this policy are not limited, and the Digital District reserves the right to initiate other measures it reasonably deems appropriate.

14. DIGITAL DISTRICT’S LIABILITY

14.1 The use of the Marketplace is at the User’s own risk, who must respect the instructions given by the Digital District.

14.2 The material displayed on the Marketplace, software, features, services, and other available content are provided "as is" and "as available," without any type of warranties, conditions, express or implied, or guarantees as to their accuracy. To the fullest extent permitted by applicable law, and without prejudice to other exclusions in these Terms and Conditions, the Digital District, and third parties linked to the Digital District, expressly exclude any liability for:

14.2.1 all conditions, warranties, and other terms that do not arise from its statutes or the law;

14.2.2 unavailability or discontinuity of operation;

14.2.3 access failures, as well as transmission and diffusion failures of the Contributions;

14.2.4 direct, indirect, or consequential losses or damages incurred by any User, related to the Marketplace or related to the use, inability to use, or results of the use of the Marketplace, any websites linked to it, and any material posted there, including, without limitation, any liability for:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings;

(e) loss of data;

(f) loss of “goodwill”;

(g) loss of time;

(h) any other losses or damages of any kind, regardless of how they arise and regardless of tort (including negligence), breach of contract, or otherwise, even if foreseeable, provided that this condition does not prevent claims for loss of, or damage to, the User’s tangible property or any other claims for direct financial losses that are not excluded by any of the categories defined above.

14.3 The above does not affect the Digital District’s liability for death or personal injury resulting from the Digital District’s negligence, nor liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.

15. THE MARKETPLACE WILL BE CHANGED REGULARLY

The Digital District intends to update the Marketplace regularly and may change its content at any time. If necessary, it may suspend access to the Marketplace or disable it indefinitely. Any material or Offer presented on the Marketplace may be out of date at any given time, and the Digital District has no obligation to update such materials.

16. LINKS FROM THE MARKETPLACE

When the Marketplace contains links to any websites and other resources provided by third parties, these links are provided solely for the User’s information. The Digital District has no control over the content of such sites or resources and accepts no responsibility for them or for any loss or damage that may arise from their use.

17. RIGHT TO CHANGE THESE TERMS AND CONDITIONS

17.1 The Digital District may revise these Terms and Conditions at any time by amending this page. The User will be informed of any changes the Digital District may introduce via email, notices posted on the Marketplace, or any other available means of communication. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Marketplace.

17.2 The User will be subject to the policies and Terms and Conditions in force at the time of registration, unless any change to those policies or these Terms and Conditions is required by law or government authority (in which case it will apply to the User’s relationship with the Digital District).

18. JURISDICTION AND APPLICABLE LAW

18.1 Portuguese courts have exclusive jurisdiction over any claim arising from, or related to, a visit to the Marketplace.

18.2 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with Portuguese law.

19. CONTRACT

19.1 These Terms and Conditions and any document expressly referred to in them constitute the entire agreement between the Digital District and the User and supersede all discussions, correspondence, negotiations, commitments, understandings, or agreements between the Digital District and the User relating to the subject matter of any Contract.

19.2 Each Party acknowledges that, in entering into a Contract, neither Party relies on, or will have any right related to, any claim or warranty (made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.

19.3 Each Party agrees that it will only be liable for the claims and warranties set out in this agreement (made innocently or negligently) in the event of breach of contract.

19.4 Nothing in this Clause limits or excludes any liability for fraud.

19.5 If any Clause of these Terms and Conditions is or becomes declared invalid, void, ineffective, or unenforceable, in whole or in part, this fact will not produce any effects on the validity of the remaining provisions of the Contract.

20. DEFINITIONS AND INTERPRETATION

In addition to the capitalized terms defined in these Terms and Conditions and the registration form, the following terms will have the meanings set out below.

20.1 “Mobile Application” means the application made available by the Digital District for use on mobile phones and other mobile devices through which Users can access the Marketplace services, as well as any website, microsite, mobile application, or any other means of remote information service, operated by the Digital District directly, by itself, or indirectly, through applications or sites of its technological partners.

20.2 “Merchant” means the entity, natural or legal person, registered and with an open account on the Marketplace, responsible for the creation, content, launch, and activation of the advertisement of an Offer, products, and/or services to Users, via the Marketplace.

20.3 “Offer” means the goods and/or services offered for sale by the Merchant to the Users.

20.4 “Intellectual Property” means:

(i) patents, pending patent applications, designs, trademarks and trade names (whether registered or not), copyrights and related rights, database rights, know-how, and confidential information;

(ii) any other intellectual property rights and similar or equivalent rights worldwide, which currently exist or are recognized in the future;

(iii) applications, extensions, and renewals in respect of any such rights.

20.5 “Marketplace Site” means one or more websites, microsites, or mobile applications, operated by the Digital District, directly, by itself, or indirectly, by redirection from its technological partners.

20.6 “User” means the end user of the Marketplace.

21. USER CONCERNS

In case of doubt about the materials contained in the Marketplace, the User may contact the Digital District via the email address info@mygon.com.

Thank you for using the Digital District.

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