General Terms & Conditions

GENERAL TERMS OF USE AND LEGAL NOTICE – PORTUGAL

  1. Object

These General Terms of Use regulate the use of the software application “TRANSFERGEST” (henceforth, the “Application”) and of the website www.transfergest.com (henceforth, the “Website”), under its current name, or under any other name that may be adopted in the future, OSB Solutions, Unipessoal Lda, legal entity 514027207 holder of all rights to the Application / Software – Transfergest. By accessing and using the Application and the Website, the user (the “User”) acknowledges having read and accepted these General Terms of Use, committing to comply with all its terms and conditions. Likewise, the User acknowledges and accepts that access and use of the Application and/or Website are subject to the General Conditions of Use in force at the moment of accessing the same. Transfergest reserves the right to modify, at any time, these General Terms of Use, as well as any other general or particular conditions that result from the Application. The user may notify Transfergest through the available contacts, indicating that he does not accept any possible modification of the present General Conditions of Use. Transfergest also reserves the right, at any time, to suspend, interrupt or cease to operate the Application and/or the Website.

  1. Contents

Through the Application, Transfergest and/or the Website provides the User with access to various content, information and data provided by TransferGest concerning the Service (hereinafter, the “Content”). Transfergest does not guarantee that the Content made available through the Application and/or the Website is, in all cases, correct, complete or updated. Transfergest acts as an intermediary providing the User with the Transfer Management Software. In these terms, Transfergest only provides the User with a tool, in this case, Management Software. The User exempts Transfergest from any liability arising from the service
provided by Service Providers.

  1. Access and use

Access to the Application is limited to persons over 18 years of age. Despite the above, access to certain content and/or participation in Transfergest promotions may be subject to other age limitations, as indicated in each case. The User may not (i) authorise the use of their account by third parties, (ii) allow access to the application through their account to persons under 18 years of age, (iii) allow persons under 18 years of age to make the car rental reservation service with driver unless the minors are accompanied by the User account holder. The User acknowledges and accepts that access and use of the Application and/or Website is done in a free and conscious manner, under his exclusive responsibility. Transfergest will in no case be responsible for the use that may be made of the Application and/or Website by the User and/or third parties, nor for damages and losses arising therefrom. The User undertakes to make a proper and lawful use of the Application and/or the Website, in accordance with applicable law and these General Terms of Use, the User must not (i) make unauthorised or fraudulent use of the Application and/or the Website; (ii) access or attempt to access restricted features of the Application and/or the Website; (iii) use the Application and/or the Website for purposes or effects that are unlawful, illegal, contrary to this General Conditions of Use, good faith and public order, to injure the rights and interests of third parties, or in any way may cause damage, disable or overburden or impede the normal use or enjoyment of the Application and/or the Website (iv) cause damage to the Application and/or the Website or the systems of its service providers or third parties; (v) introduce or spread computer viruses or any other physical or logical systems capable of causing damage to the systems of Transfergest, its providers, other Users or third parties; (vi) attempt to access, use and/or manipulate the data of Transfergest, third party service providers and other Users; (vii) reproduce or copy, distribute, allow public access through any means of public communication, transform or modify the Contents, except with the authorisation of the owner of the corresponding rights or if legally allowed; (viii) obtain or attempt to obtain the Contents, using for this purpose means or procedures other than those, as the case may be, that have been made available for this purpose. The User may only access the Application through the authorised means. It is the responsibility of the User to ensure that he/she has downloaded the correct Application on his/her device. Transfergest will not be liable if the User does not have a compatible device or downloads a version of the Application that is incompatible with its device.

  1. Additional conditions for access and use

Access to the Application will be subject, in any case, to prior User registration by completing the corresponding form (“Registration Form”), which will be previously made available to the User. Transfergest reserves the right to accept or reject, freely, the User’s registration request. The data entered by the User in the Registration Form must always be accurate, current and true. Access to and use of the Application or the reserved area of the Website will be subject to a password assigned to the User by Transfergest when completing the Registration Form, access is considered to have been made by the User, who will be responsible, in any case, for access and use. The User will be responsible, at all times, for keeping his/her password, assuming, consequently, any damages and losses arising from its improper use, as well as its transmission, disclosure or loss. In case of forgetting the password, or in any other circumstance which implies a risk of access and/or use by unauthorised third parties, the User must immediately inform Transfergest of this situation, so that it may proceed to the immediate blocking and replacement of the same. In any case, any operations carried out before the aforementioned notification are considered to have been carried out by the User, who will be responsible for them, will bear the costs and will be liable for damages arising from any unauthorised access and/or use carried out before the notification.

  1. Payment and invoicing conditions

The amounts charged are not refundable. The costs of the Sofware provided, Transfergest, associated services and payment methods are described in the contract previously signed between the two parties. Electronic Invoice, the client/user expressly recognizes and accepts that the invoices relative to the services provided by OSB Solutions, Unipessoal Lda are issued electronically and sent by the latter to the Client to the email address indicated by the Client when the service is subscribed by the Client to OSB Solutions, Unipessoal Lda. OSB Solutions, Unipessoal Lda, reserves the right to modify, increase, reduce or eliminate any payment method at any time it considers convenient for the correct functioning of the service. In any case, it is recommended that the User consult the terms and conditions of use of the privacy policies of third party websites accessed through the links included in the Application and/or Website.

  1. Intellectual and industrial property rights

The User acknowledges and accepts that all intellectual and industrial property rights on the content and/or any other elements included in the Application and/or the Website (including, without limitation, trademarks, logos, signatures, texts, images, graphics, drawings, sounds, databases, software, flow charts, presentations, audio and video), belong to Transfergest. Transfergest authorises the User to view, print, download and store the content and/or elements included in the Application and/or the Website exclusively for their personal, private and non-profit use, refraining from performing any acts of decompilation, reverse engineering, modification, disclosure or supply. Any use or exploitation of any content and/or elements included in the Application and/or Website other than those provided in these general conditions is subject to prior authorisation from Transfergest.

  1. Data protection

The personal data (hereinafter, the “Data”) indicated by the User in the Registration Form are part of a file of personal data whose responsible is OSB Solutions, Unipessoal Lda. For more information consult the Privacy Policy.

  1. Exclusion of guarantees and liability

TransferGest does not guarantee the availability and continued operation of the Application and/or the Website. In these terms, TransferGest will in no case be liable for any damages and losses arising from (i) the lack of availability or accessibility to the Application and/or the Website; (ii) the interruption of the operation of the Application and/or the Website or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centres, the internet system or other electronic systems, produced during its operation; and (iii) other damages that may be caused by third parties through unauthorised intromissions beyond the control of Transfergest. Transfergest does not guarantee the absence of viruses or other elements in the Application and/or Website introduced by third parties external to Transfergest that may produce alterations to the User’s physical or logical systems or electronic documents and files stored in its systems. Consequently, TransferGest will in no case be held responsible for any damages and losses of any nature arising from the presence of the virus or other elements that may produce alterations in the physical or logical systems, electronic documents or files of the User. TransferGest adopts various protective measures to protect the Application and/or the Website, as well as its contents, against computer attacks by third parties. However, Transfergest does not guarantee that unauthorised third parties cannot know the conditions, characteristics and circumstances under which the User accesses the Application and/or Website. Consequently, Transfergest will in no case be liable for damages and losses arising from such unauthorised access. By accepting these General Conditions of Use, the User declares that he/she will exonerate Transfergest, as well as the company owning the software, “OSB Solutions, Unipessoal Lda”, its administrators, partners, employees, consultants and agents, from any claims arising from (i) non-compliance by the User of any provision contained in these General Conditions of Use or any law or regulation applicable to them; (ii) non-compliance or violation of third-party rights, including, as an example, merely. The User releases Transfergest from any obligations, claims or damages arising from the relationship with the Service Provider. Transfergest shall not be a party to any disputes between the User and the Service Provider. Any liabilities or obligations arising from the relationship between the User and the Service Provider by way of the software rests solely with the User, with all implications arising therefrom.

  1. Notifications

Transfergest may make notifications through the Application, by SMS to the mobile phone number indicated by the User in the Registration Form, to the email address indicated by the User in the Registration Form or by postal service to the address indicated by the User in the Registration Form. The User may notify Transfergest through available contacts/support.

  1. Cession

The User may not assign his rights and obligations arising from these General Conditions of Use without the prior written consent of Transfergest. Transfergest may assign, without the prior consent of the user, its position under these General Terms of Use to any entity belonging to its corporate group, worldwide, as well as any person or entity succeeding it in any capacity in the conduct of its business.

  1. Applicable law and jurisdiction

The present General Terms of Use, as well as the relationship between Transfergest and the User, shall be governed and interpreted following Portuguese law. The parties agree to submit any issue arising from the present General Terms of Use to the Courts of Portugal, expressly waiving any other jurisdiction.

  1. Alternative dispute resolution

In compliance with the duty of information established in article 18 of Law 144/2015, of 8 September, we inform you that in the event of a consumer dispute, the consumer may resort to the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr or to the following consumer alternative dispute resolution entities: 1. CNIACC – National Centre for Information and Arbitration of Consumer Conflicts – Tel.: 213 847 484 – E-mail: cniacc@unl.pt; 2. CIMAAL – Algarve Consumer Conflict Information, Mediation and Arbitration Centre – Tel. 239 821 690/289 – E-mail: geral@centrodearbitragemdecoimbra.com; 4. Consumer Conflict Arbitration Centre of Lisbon – Tel. 218 807 000 / 218 807 030 – E-mail: juridico@centroarbitragemlisboa.pt, director@centroarbitragemlisboa.pt; 5. Consumer Information and Arbitration Centre of Porto – Tel. 225 508 349 / 225 029 791 – E-mail: cicap@mail.telepac.pt; 6. Consumer Conflict Arbitration Centre of Vale do Ave / Arbitration Court – Tel. 253 422 410 – E-mail: triave@gmail.com; 7. Consumer Information, Mediation and Arbitration Centre (Consumer Arbitration Court) – Tel. 253 617 604 – E-mail: geral@ciab.pt; 8. de Conflitos de Consumo da Região Autónoma da Madeira – Address: Rua Direita, 27 – 1º Andar, 9050-405 Funchal E-mail: centroarbitragem.sras@gov-madeira.pt For further information, consult the Consumer Portal at www.consumidor.pt

  1. Legal time limits for complaints

In compliance with the duty of law nº24/96 of 31 July established by the Consumer Defense, any complaint must be presented within a maximum period of 30 days after the occurrence.