TERMS OF USE

1. Scope of Application.

1.1. These Terms of Use govern the access to and use of the Marketplace website owned by the PORTO TOURISM ASSOCIATION, also known as the PORTO AND NORTH PORTUGAL TOURISM ASSOCIATION - ATPN (hereinafter, ATPN), with VAT number 503393517 and headquarters at Rua Miguel Bombarda, 211, 4050-381 Porto (PORTUGAL), and the contents offered by ATPN through the Marketplace, as well as their use by the User.

1.2. ATPN reserves the right to modify the presentation, configuration, and content of the Marketplace website, as well as the conditions required for its access and/or use.

2. Acceptance of the Terms of Use.

2.1. Accessing and using the contents of the Marketplace website implies acceptance of the Terms of Use established herein.

2.2. The User of the Marketplace website acknowledges that by accessing and using this Marketplace website, they are accepting these Terms of Use.

3. Access to the Marketplace Website.

3.1. Access to the Marketplace website and its contents, as well as navigation, is free and does not require users to register or provide personal data, nor the use of access passwords, notwithstanding the rules associated with the purchase of products on the Porto and North Portugal Tourism Marketplace website.

3.2. ATPN has the exclusive right to suspend, partially or totally, access to the Marketplace website at any time, especially during management, maintenance, repair, alteration, or modernization operations, and to definitively or temporarily close, partially or totally, the Marketplace website at any time, according to its will, without prior notice.

4. User Registration.

4.1. Access to some of the Services provided through the Marketplace website, namely for making purchases through the same website, requires the User to create an account by filling out the form for this purpose.

4.2. The User acknowledges that they can only make purchases through the Marketplace website after creating an account.

4.3. After registration, the User may proceed to purchase products from any of the Partners present on the Porto and North Portugal Tourism Marketplace website.

4.4. ATPN has the exclusive right to suspend, partially or totally, access to the Marketplace website at any time, especially during management, maintenance, repair, alteration, or modernization operations, and to definitively or temporarily close, partially or totally, the Marketplace website at any time, according to its will, without prior notice.

5. Corporate Users.

5.1. If the account referred to in the previous number is created in the name of a legal entity, the User must be duly authorized for this purpose, and ATPN may request at any time that the User confirm this authorization.

6. Intellectual Property Rights.

6.1. The User acknowledges that all content on the Marketplace website is the exclusive property of ATPN, the Partners present on the Marketplace website, or third parties, and is protected by Intellectual Property Rights, in accordance with applicable legislation, and may not be used outside the conditions determined herein and without the prior express consent of the respective holders.

6.2. ATPN grants the User a simple, revocable, non-transferable, and non-exclusive right to use the Marketplace website and the functionalities that are part of the Marketplace website, to the extent necessary for their use in the context of these Terms of Use, with this right of use being limited exclusively to personal purposes, and any commercial use or exploitation of the Marketplace website and/or its contents is prohibited.

6.3. The rights to texts, photographs, images, graphics, sound, and animation, and all other information, as well as how they are graphically represented on the Marketplace website, including trademarks, logos, symbols, and the layout and structure of the Marketplace website, are owned by ATPN or are duly licensed to it by the respective rights holders.

6.4. The User is not authorized to transmit, publish, modify, copy, sell, use, or distribute, in any way, the texts, images, or other information contained in this Marketplace website or part of the Marketplace website without prior written authorization from ATPN.

6.5. The use of trademarks and logos on this Marketplace website, as well as the provision of materials available on the Marketplace website, does not grant, nor can it be interpreted as granting, permission to Users to use, directly or indirectly, such trademarks, logos, or materials.

6.6. The User may not duplicate the Marketplace website or any other element of the Marketplace website, either in whole or in part, nor rent, alienate, process, modify, sublicense, decompile, disassemble, or reverse engineer it.

6.7. The User commits to respecting the intellectual property rights of third parties, namely content, goods, and services providers that appear on the Marketplace website and in the contents present on the Marketplace website.

7. Personal Data.

7.1. The processing of personal data

 on the Marketplace website will be in compliance with legislation relating to privacy and personal data protection, namely Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), Law No. 58/2019 of 8 August (Personal Data Protection Law), and Law No. 41/2004 of 18 August (Law on the processing of personal data and the protection of privacy in the electronic communications sector).

7.2. The way ATPN processes your personal data is better explained in its Privacy Policy, and it is recommended that the User read it, thereby allowing them to know the conditions under which their personal data are collected and used by ATPN.

7.3. The personal data processed by Partners in the context of the commercial transaction carried out between them and the Users their Consumers is the exclusive responsibility of the Sellers.

8. Information and Contents.

8.1. The information available on the Marketplace website is primarily intended to clarify and inform Users about aspects relating to ATPN's activity and services provided.

8.2. ATPN assumes no responsibility for the accuracy and completeness of the information transmitted by the Partners in the context of using the Marketplace website, nor for information relating to, including but not limited to, warranties, customs duties, and general conditions of purchases.

8.3. The information provided has been analyzed. However, such information is merely indicative and may contain technical, typographical, or photographic errors.

8.4. ATPN does not guarantee that any material on its Marketplace website is accurate, complete, or current, and ATPN may make changes to the materials contained on its Marketplace website at any time, without notice, however, this does not imply that ATPN commits to regularly updating the materials.

8.5. This Marketplace website and its contents are provided without warranty that access to it will be uninterrupted or error-free, free of viruses or other harmful material, or that the information contained on this Marketplace website is complete, accurate, or timely.

8.6. ATPN assumes no responsibility for payments received by the Seller and/or invoicing of the Seller to the User/Consumer, which are the exclusive responsibility of the Seller.

9. Liability.

9.1. ATPN rejects any liability for any direct, indirect, and/or incidental damages resulting from the use or the inability to use by the User the contents contained on the Marketplace website.

9.2. By merely intermediating relations and potential contractual relations between the Seller and the User/Consumer, ATPN assumes no responsibility, alone or jointly with the Seller, for the sale and/or the offer of products, goods, and/or services by the Seller.

9.3. ATPN does not guarantee to Users (i) the continuity of the contents and services existing on the Marketplace website; (ii) the absence of errors in said contents; (iii) the absence of viruses and other components that may cause damage to the Marketplace website or the server that offers it; (iv) the lack of usefulness of the contents of the Marketplace website; (v) the damages or losses that cause, to themselves or to a third party, any person who infringes the conditions, rules, and instructions that ATPN establishes on the Marketplace website through the vulnerability of the security systems of the same.

9.4. Similarly, ATPN does not guarantee continuous access nor the correct visualization, download, or usefulness of the elements and information contained on the Marketplace website that may be obstructed, hindered, or interrupted by factors or circumstances that are out of its control.

9.5. ATPN declares that it has adopted all necessary measures, within its capabilities and the current state of technology, to ensure the normal functioning of its digital platforms, however, ATPN does not guarantee, expressly or implicitly, the quality, accuracy, timeliness, authenticity, or good form of the contents of the Marketplace website, and is not responsible for any claims, penalties, losses, direct or indirect damages, or lost profits that may arise from the use or inability to use the Marketplace website, or from unauthorized access or alteration to the same.

10. Links / Connections.

10.1. ATPN clarifies that the hyperlinks, or links, that the User finds on third-party websites and/or digital platforms through different buttons, banners, etc., to the ATPN Marketplace website, are managed by third parties.

10.2. ATPN does not know, control, or approve all the information, content, products, or services provided by third-party digital platforms.

10.3. ATPN assumes no responsibility for any aspect related to third-party websites and/or digital platforms, where a connection to the ATPN Marketplace website has been established, specifically, and by way of example, regarding their operation, access, information, quality and reliability of their services, and any type of content in general.

10.4. The existence of any type of hyperlink from the ATPN Marketplace website to other websites and/or third-party digital platforms does not imply that there is any type of relationship, collaboration, or dependency between ATPN and the managers of the third-party Marketplaces/digital platforms.

11. General Conditions of Sale of the ATPN Marketplace Website.

11.1. The use by Users/Consumers of the Marketplace website, provided and managed by ATPN, for the purpose of purchasing goods, services, and/or products from adhering Partners, is regulated by the General Conditions of Sale of the Porto and North Portugal Tourism Marketplace website.

12. Final Provisions.

12.1. The Terms of Use of the Marketplace website are governed in accordance with the laws in force in Portugal.

12.2. In the event of a violation of these Terms of Use, ATPN reserves the right to exercise all and any legally foreseen action.

12.3. ATPN reserves the right to, at any time, without prior notice and with immediate effect, change, add, update, or delete, partially or totally, these Terms of Use.

12.4. The User is bound by the version of the Terms of Use at the time of their use, thus we recommend their periodic consultation.

12.5. If any part or provision of these Terms of Use is not enforceable or is in conflict with applicable law, the validity of the remaining parts or provisions will not be affected.

12.6. To resolve all issues and disputes that may arise related to these Terms of Use, the exclusive jurisdiction shall be the courts of the District of Porto, with express waiver of any other.

13. Contact.

13.1. For clarification of any questions related to these Terms and Conditions of use of the Marketplace website, the User should contact ATPN at the following contact: marketplace@portocvb.com