Terms of Service
GENERAL TERMS AND CONDITIONS OF USE OF THE SERVICE WWW.DAY-GUIDE.COM
These terms and conditions of service govern the relationship between the service customer, hereinafter referred to as customer, and the entity providing the services, ICL- MARINHA, LDA., legal person number 510661335, headquartered in Rua de Xabregas, number 20, Floor 1, Room 1.02, 1900-440 Lisbon, hereinafter abbreviated as “ICL”. The use of the ICL services implies the acceptance and agreement with the terms and conditions of service by the User, which constitute a service agreement and a regulation associated with this service.
1. SINGLE AND INDIVIDUAL USE
1.1. The use of the services provided on the website www.day-guide.com implies acceptance of these Regulations. To the Customer is given the opportunity to consult, read carefully and decide whether or not to accept the regulation and the general conditions of use, being prohibited the use of services provided to Customers that do not agree with the terms of the regulation and the general conditions of use. By accepting these terms, the Customer's day, time and IP are recorded as a means of confirming their acceptance.
1.2. The use of the website www.day-guide.com and the subscription of services is individual and non-transferable and may only be enjoyed by the Customer. Unblocked contacts may not be assigned or used by third parties, including entities to which any User/Costumer works.
1.3. All messages sent to the email address and for the mobile number at the time of subscription by the User/Costumer, are exclusively for the User/Costumer and may not be copied, reproduced, given for consultation, given for use or otherwise given to other individuals or entities.
1.4. All text, images, interactive services and other services provided by ICL, are intended solely for the enjoyment of the User/Customer and may not be given to any other individual or entity, even if they have assumed payment for the services provided. by ICL.
1.5. Notwithstanding the individual and non-transferable use, the User/Customer may request the billing of the services to third parties, who assume the payment of said services rendered.
1.6. The User/Customer acknowledges that all their access and movements within the website at www.day-guide.com are registered and that they may be used for legal purposes.
2. USER/CUSTOMER REGISTRATION DATA
2.1. When making a purchase on the website www.day-guide.com, the User/Customer must fill in their details in the service request form with true information and declares to be in a legal position to fill in such data.
2.2. The User/Customer declares, by accepting these Terms of Service General Terms and Conditions of Service, and under a commitment of honor, that the data you fill out when registering at www.day-guide.com constitutes information true and relative only and solely to his own person.
2.3. Personal data provided by the User/Customer on the purchase form and/or communicated to ICL is protected by the GPRD and is strictly necessary to identify the User/Customer and will be contained in a database that will be used by ICL in such a way that it is possible to maintain the ICL in operation and/or to provide services to the User/Customer under the GPRD for the time required solely for this purpose.
2.4. You may exercise any rights regarding your purchase and/or your personal data by contacting ICL in writing at email@example.com. The User/Customer must fill in their data conscientiously because, after payment, such data that you put in the purchase form do not allow changes nor ICL is responsible for the wrong insertion of the same by the User/Customer.
2.5. The processing of User/Customer data is the responsibility of ICL which guarantees its confidentiality and security and undertakes not to give it to third parties.
3. CHARACTERIZATION OF SERVICE AND USE OF RESOURCES
3.1. ICL offers on its website www.day-guide.com an online advertising service that allows any User/Customer to find available people and/or companies to offer transportation services, under legally permitted terms and conditions, in Portugal, destined to nationals or foreign nationals, in return for the release of the contact details of that person/company entered in that notice.
3.1.1. ICL reserves the right to allow the registration and registration on its website www.day-guide.com of persons/companies wishing to solicit User/Customer interested in the passenger transport services and tourist activity provided by them/companies and on that website advertised.
3.1.2. ICL does not control the legal capacity of such persons/companies, and it is their responsibility to have and maintain all legal conditions required to perform the services requested by the User/Customer. Similarly, ICL is not responsible for the actual provision of services by individuals/companies, and is not responsible if they do not respond to contacts made by a User/Customer or the Parties (User/Customer - persons/companies) do not can understand each other for the provision of services or the conditions are not met.
3.1.3. The User/Customer who engages the service of people/companies through the website can evaluate the services provided by them through public comments and a rating between 1 (one) to 5 (five) stars. Only ICL will be able to respond to this comment, after verifying with the persons/companies on the question(s) raised in that comment(s), and subsequently adopting the conduct it deems most appropriate and which, to the extent they may lead to the suspension or deletion of the person(s)/company(ies) advertising on the website.
3.1.4. ICL, when faced with negative comments to people/companies or an average rating of 3 (three) stars or less, may freely and without notice suspend or remove the person/company account from the website www.day-guide.com, also eliminating the future possibility of registration of that person/company, unless ICL decides otherwise.
3.1.5. The advertising message made by the person/company on the website www.day-guide.com as well as the prices and commitments made by him/her may not be changed unless expressly and explicitly agreed by the User/Customer. Failure by the person/company to comply with this clause will result in immediate exclusion unless ICL decides otherwise.
3.1.6. The person/company may ask ICL for their advertising messages posted on the website www.day-guide.com to be prominent in relation to other publications or to be featured in more forms of advertising used by ICL, paying the amount that comes to it. previously to be communicated by ICL on this website. ICL may, however, at its own discretion, feature one or more person/company ads in its advertising content, which the person/company expressly accepts.
3.1.7. The person/company undertakes not to place more or less explicit and/or more or less explicit references in their advertisements, which will allow them to obtain their contacts by alternative means, as well as contact information or other data that may undermine the service offered on the website www.day-guide.com. ICL reserves the right not to accept any advertising material that does not fit this profile.
3.2. The User/Customer, upon registration on the website www.day-guide.com is entitled to, upon payment of € 20.00 (twenty euros), including VAT at the legal rate in force, to unlock the contact detail. and information about a particular person/company advertised on the website.
3.2.1. The payment made by the User/Customer is unique and unlocks the full contact details of a person/company, thus allowing you to make contacts with that person through the communication channels advertised on the website by the person / company. The User/Customer will receive such contacts by email and SMS on the mobile phone, which will be automatically sent to the email address and mobile number indicated by the User/Customer on the form completed by them and after the payment has been made.
3.2.2. ICL undertakes to comply with the User/Customer return policy set forth in Clause 6.
3.2.3. The User/Customer freely agrees with the person/company the manner, form, dates and other conditions of the provision of the service, except for the advertised price, which may not be changed unless the Parties agree.
3.2.4. The User/Customer may freely correct their information on the platform by selecting this option on the website, and ICL undertakes to make its best efforts to identify and correct any input errors that may be contained in each User/Customer Profile.
3.3. The texts, images, sounds, interactive services and other materials or services provided by ICL, hereinafter referred to as content, are intended for use solely for the purpose of advertising the service provided by ICL or the services provided by the person/company.
3.4. The User/Customer may record and print content that is necessary for the purpose of using the service and never for the purposes of marketing or advertising to third parties.
3.5 The User/Customer may not assign the contents to third parties, copy, reproduce or manipulate them in whole or in part or use the contents made available to them for commercial, advertising or self-promotion purposes, even if they mention the source. The User/Customer further acknowledges that he/she may not assign the contents of the website or the contacts made available to him/her for the payment of the service.
3.6. You may not use the ICL logo or any other identifying elements of the ICL or its brand under any circumstances. The use of such elements by persons/companies providing the service is subject to prior authorization by ICL.
3.7. All content provided on ICL's website www.day-guide.com, with the exception of advertising by the person/company, is the property of ICL and/or ICL partner entities or individuals and may not be copied, reproduced, quoted or manipulated, in whole or in part.
3.8. ICL does not assume or have any responsibility, directly or indirectly, in transactions and payments made directly between User/Customer and the persons and/or companies providing the service.
3.9. ICL will use its best endeavors to ensure that the information contained in the advertisements on the website www.day-guide.com is accurate. If they prove to be false, ICL will return the amounts paid.
4. RULES OF CONDUCT
4.1. The User/Customer and the people/companies agree to be governed by rules and conduct of good education in accordance with the customs and customs of Portugal and undertake to address and interact with each other on the website and in contact with ICL correct and polite.
4.2. ICL reserves the right of admission to the Platform of any User/Customer and/or the persons/companies wishing to advertise its service as well as the right to exclude such persons on the basis of their less correct behavior or that may be considered harmful to ICL and to the website www.day-guide.com.
5. USE REQUIREMENTS
5.1. In order to use the service provided by ICL on the website www.day-guide.com, the User/Customer and the persons/companies declare to have legal and/or judicial capacity as well as to be able, under the Law, to comply legally with the obligations, especially those advertised.
5.2. The website www.day-guide.com and the services contained therein may be used through the use of a web browser and the ability to make payments on terms permitted and/or accepted by ICL.
6. REGISTRATION, PAYMENTS AND RETURN POLICY
6.1. Mere use of the website by a User/Customer at www.day-guide.com is free. In the case of a person/company advertising services, ICL will define each entity on a case by case basis.
6.2. The User/Customer must pay to ICL the amounts related to the use of the contact unlocking service of the person / company they wish to hire, which amounts will be duly marked on the page where the purchase can be made (and consequently unlocking), and which will be due as soon as the User/Customer makes the request to unblock a particular contact of the person/company providing services.
6.3. The User/Customer only has access to the contact details of the person/service provider he/she wants after making the respective payment. If required by ICL, the User/Customer may be required to provide proof of payment.
6.4. The User/Customer may request the access to the contacts of any person/company providing the advertised services, provided that he/she is of legal age and meets the requirements stipulated in this Regulation, to which he/she will have access only and only when such data are provided on the website, receiving such data by email and SMS to the number you provide.
6.5. The User/Customer is responsible for all fees charged by banks or financial entities through which you pay for the service and for bringing the full amount of the service to ICL upon request and it could not be obtained by normal means.
6.6. The User/Customer accepts that if you pay only part of the value of the service and not all, the amount will be returned and will not give access to the service.
6.7. Before making the payment of the service price, the User/Customer may cancel their orders at any time.
6.8. The User/Customer acknowledge that until you pay for the service, you will not be able to access the contacts of the person/company that advertised the service on the website www.day-guide.com.
6.9. After making the payment and receiving the contact details of the person / company by email and SMS, the User/Customer acknowledges that the service has been fully and effectively provided, so there will be no refund of amounts. This regardless of being able to agree with the person/company to perform the services advertised on the website www.day-guide.com.
6.10. If the User/Customer contacts ICL stating that they have not had or have access to the person/company data, ICL, upon confirmation and payment of the due payment, will verify that the contacts are unblocked for the User/Customer on the website and, in If not, it will unlock them for the User/Customer for the period referred to in these Regulations.
6.11. In case of physical or legal incapacity of the person/company, ICL, upon confirmation of the situation and at the request of the User/Customer, will return the amounts paid by the latter. This possibility does not apply in the event of force majeure, bad weather, storms, seismic events, strikes, public calamity, riots or other events not controlled by ICL.
6.12. The User/Customer, when completing the form to purchase/unlock contact of a person/company, must confirm the personal data contained in that form, which will serve to receive the contacts by email and SMS on the mobile phone and which will be used for the purpose of issuing accounting documents.
6.13. You may benefit from discounts or coupons provided by ICL or related third parties.
6.14. You acknowledge that after paying the service in full, you may not apply retroactively any discounts or coupons provided to or by partner entities, that the amount of the discount will not be refunded to you and that in order to enjoy such discounts you may have to send proofs.
6.15. Within 7 (seven) days after making the payment, the User/Customer may request the modification of the billing data indicated, without additional costs. After this period no further changes will be possible.
6.16. In the event that the User/Customer pays for the credit card service, ICL undertakes to ensure the privacy of the cardholder and transaction data and to comply with applicable payment data security and transmission rules. card and not to transmit this data to third parties. ICL further undertakes to respond to any request made by the cardholder within two (2) business days.
6.17. The User/Customer acknowledges that by making a payment by credit card on the website www.day-guide.com, they wish to obtain the contact unlocking service of the person/company providing the service, so the debit of the amount of the transaction on your card account may be immediate.
7.1. The User/Customer has the right to complain. Complaints can be made by e-mail or by letter, always in written form and addressed to the company's management. The User/Customer also has available the complaints book at the ICL customer service location.
7.2. In the event that the User/Customer is unable to make a written complaint, ICL prepares an internal document containing the elements provided by the User/Customer, which contains the identification of the User/Customer, the nature, place and date of the complaint and if necessary, asks the User/Customer to verify that all aspects of the complaint have been detailed and to include any additional data or documents before registering it in the User/Customer form and communicating internally so that it can be dealt with.
7.3. The handling of complaints involves the analysis of the situation, the search for the causes that gave rise to it, as well as those directly responsible, and then corrective measures deemed appropriate to correct the situation or preventive measures of similar future situations are triggered.
7.4. The complaint is dealt with within 8 (eight) business days and the decision is communicated to the User/Customer by the same method as the customer used to file the complaint.
7.5. The User/Customer is reserved the right to contest the decision, opening the complaint again. If the User/Customer does not respond within 5 (five) days, the response is considered accepted and the complaint is filed for further statistical treatment.
7.6. In case of dispute, the consumer may resort to an Alternative Dispute Resolution Entity. More information on Consumer website.
8. SUSPENSION OF SERVICE AND CHANGES OF SERVICE CONDITIONS
8.1. These General Conditions of Use, when accepted by the User/Customer and/or person/company providing the service, take the form of a contract between the User/Customer and ICL.
8.2. Other conditions relating to the services provided by ICL may be set forth in specific and supplementary agreements, the conditions of which are deemed to be accepted if they are not contested within 48 hours after the sending of such agreement by email and if thereafter the User/Customer and/or service provider pay the registration fee.
8.3. ICL reserves the right to waive the contract at any time if the User/Customer and/or the person/company providing the service violates, threatens to violate or demonstrates that it does not intend to comply with the General Conditions of Use if required by ICL for legal conditions or if the provision of the service is no longer, in ICL's opinion, financially viable.
8.4. This agreement, as well as any interpretation or dispute relating thereto, is governed by Portuguese law with the exceptions specified in this agreement. For the resolution of emerging disputes, the jurisdiction of the district of Lisbon, Portugal is deemed competent, with express waiver of any other.
8.5. The General Conditions of Use may not be changed at any time, and communication to the Customer by any means ICL deems most convenient is required. Only after the acceptance of the new Terms by the User/Customer and/or the person/company providing the service may they apply.
8.6. By using the website www.day-guide.com, any User/Client and/or the person/company providing the service, declares that he/she is duly informed about the clauses contained in this Regulation, having obtained any clarifications about them, which you can obtain at any time and prior to acceptance by using the available ICL contacts on the website.
8.7. If the User/Customer and/or the person/company providing the service does not expressly acknowledge their acceptance of the new Terms but continue to use the website www.day-guide.com, their acceptance is tacitly assumed. The User/Customer and/or the person/company providing the service also undertakes to consult regularly and whenever accessing the website www.day-guide.com these Regulations.
8.8. The User/Customer and/or the person/company providing the service acknowledges that, even if you waive the General Conditions of Use, you may be liable in court for violation of copyright, offenses, debts and any consequences that may arise, directly or indirectly, the misuse of the ICL service and/or its contents and that the provisions regarding the reserved use of texts, images and services, the rules of conduct and customer registration data survive the termination of the contract, remaining in force. effective even after the end of the relationship between Customer and ICL.
8.9. ICL reserves the right to waive the contract at any other time by notifying the User/Customer and/or the service provider at least 15 (fifteen) days in advance and provided User/Customer who has made payments within the last 30 (thirty) days from the date the waiver operates.
8.10. These Terms and Conditions Regulations are provided in Portuguese and English and, in case of doubt or conflict, the Portuguese text shall prevail.