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Terms and Conditions for Use of the YOO Lisbon Resident Portal and Agreement to be legally bound by Electronic Notifications and Signatures

These terms and conditions of use are a binding contract between the operating company, currently Herdade Monteverde, S.A. (“HMSA” “we”, “us”, or “our”) and you (“you” or “your”). These terms and conditions of use, (the “Terms”) govern your access to and use of the YOO Lisbon resident portal (the “Resident Portal”) and any content, functionality, products, and services offered on or through the Resident Portal (the “Services”).

YOU SHOULD READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.

By using the Services, whether by creating an account, or otherwise, you agree that you have read and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you should not use the Services.

We may update the Terms from time to time. You will be notified of any changes. The continued use of the Services will be subject to your express acceptance of the updated Terms, which may be obtained through a confirmation mechanism such as a pop-up window, a checkbox upon login, an e-mail confirmation, or any other suitable electronic means. If you choose not to accept the new Terms, access to the Services may be limited, suspended, or cancelled until such acceptance is provided.

Definitions
HMSA: The company that hosts and maintains the Services and manages the property displayed on the Services.
Resident Portal: Means the portal provided at portal.yoolisbon.com or another domain as updated from time to time.
Services: Means any content, functionality, products, and services offered on or through the Resident Portal.

1. Agreement to Deal Electronically; Electronic Communications and Notices.

To the maximum extent permitted by the applicable law, all of your transactions with or through the Services may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this contractual consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you. You understand that by clicking the box titled "I have read and accept the Terms & Conditions", “Create Account”, “Submit”, or any similar derivation thereof, you are agreeing to conduct an electronic transaction and to use and receive notices, communications, disclosures, and records through electronic means. You agree to enter the requested information electronically via the Internet, and to be notified regarding any transaction electronically through the email address you have provided. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures. You understand that you may refuse to conduct other electronic transactions in the future. Your transaction, if applicable, is subject to your acceptance of these Terms, which are agreed upon when you proceed with your transaction.
You further agree as follows:

  • Except as otherwise provided in these Terms, we will give you any notices regarding the Services by posting them on the Services. You also authorize HMSA to send notices via the Services or electronic mail. You must check the Services for notices, and you will be considered to have received a notice when it is posted on the Services, or when sent by us via electronic mail. You must keep your email address current and any notice sent by us to an email address that you have provided to us will be considered effective notice.

You agree that we may use the Services to communicate with you at any telephone numbers or email addresses you provide to us or through your account. While some communications are automatically generated, we may also communicate with you directly through the Services.

We use artificial intelligence and machine learning to deliver some of our Services. When you interact with the Services, you may be engaging with virtual assistants or other services powered by artificial intelligence or machine learning algorithms. When you engage with virtual assistants, you acknowledge that you are doing so at your own discretion and risk. To the maximum extent permitted by the applicable law, HMSA does not warrant or guarantee that any information provided using such technology is accurate, complete, reliable, current, or error-free.

2. Your Account; Signatures

In order to use the Services, you have to register and create a password-protected account.

In order to use the Services, you must be at least 18 years of age (or have parental consent). You must provide information to us that is true, accurate, and current, and you must keep your registration and contact information up to date. If you make any submissions of data through the Services, you must have all rights to own them, or, alternatively, you have sufficient rights in your submissions to grant us the rights described in these Terms. You are responsible and must protect the security of your account and password. You will be responsible for all use of your password or other credentials, even if such use was conducted without your authority or permission. When using the Services, you agree to abide by all laws and these Terms.

All instructions transmitted by or received from anyone presenting your password on the Services are binding to you. You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. You agree not to let others use your account. You agree not to disclose your password to anyone and to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Services for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact HMSA immediately. You can authorize HMSA to refuse to accept any further transactions initiated under that password on your behalf and HMSA will use commercially reasonable efforts to block such transactions.

Subject to applicable law, we may, at any time and without notice to you, terminate or block your access to the Services for any reason, in our sole discretion, including but not limited to the following reasons:

  • We believe in our sole discretion that you have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of the Services, our users, or any other person; or
  • You have not made the regular payments required as part of the Master Deed and Management Regulations of the Resort or Holiday Village operated by HMSA; or
  • Your account has extended periods of inactivity.

You declare the following:

  1. That all representations and statements made by you or on your behalf in these Terms, or in any other document relating hereto, are true, accurate and complete in all material respects.
  2. Where applicable and appropriate, you agree to maintain and promptly update your property insurance certificate and registration information to keep it true, accurate, current, and complete.
  3. Failure to provide or maintain accurate and current data that is being passed to and from you will result in breach.

Signatures. Any agreements that you enter into through the Services may be executed by you using electronic signatures, in accordance with Regulation (EU) 910/2014 of the European Parliament and of the Council of 23 July 2014 (eIDAS Regulation) and the applicable laws of Portugal, provided that it allows for your reliable identification and demonstrates your intent to be bound by the terms of the relevant documents.

3. HMSA's Role

HMSA provides the Services to you and owns or manages the properties listed on the Services You are responsible for how you use the Services, and we encourage you to exercise sound judgment when entering into transactions.

4. License to Use the Services.

We hereby grant you a limited, revocable, non-transferable, non-sublicensable license, under the rights HMSA has in the Service's content, to view and use the Services solely for the purpose of acquiring information in accordance with the Terms. We retain all right, title, and interest in and to the Services. Except as provided in these Terms or in the law, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Services and all content contained therein is protected by copyright and intellectual property rights under Portuguese law and all rights not expressly granted are reserved by HMSA, its affiliates, and its partners.

The license in this section does not include permission to copy the design elements, "look and feel" or layout of the Services. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in these Terms, neither HMSA nor any third party has conferred upon you any license or right under any patent, copyright, trademark, trade secret or any other proprietary right. We do not guarantee uninterrupted or error-free operation of the Services or any portion thereof, but we will use reasonable commercial efforts to maintain its operation and availability.

5. Submissions and Content

Any comments or information that you provide to HMSA, for example, tickets filed, comments posted, pictures uploaded, product or content reviews, suggestions, ideas, concepts, or other information are collectively deemed “Submissions”.

We reserve the right to disclose any information concerning your use of this website to the extent required by law or judicial or regulatoryorder. From time-to-time this website may request information through the use of forms. In some cases, the use of such forms is completely voluntary. Information requested may include, but is not limited to, contact information, demographic information and/or opinions.

6. Prohibited Content and Conduct

You must not, and may not allow any third party to, do or attempt to do any of the following:

• post to the Services or provide any Submission that is or appears to be the following: untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or discriminatory or otherwise objectionable; any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, that would constitute or encourage a criminal offense or violate the rights of anyone, or that would otherwise give rise to liability or violate any law; 
• use the Services in violation of any applicable law, contracts, intellectual property rights, or for any purpose that is harmful or unintended, or other than in full compliance with these Terms;
• infringe upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any content that is the subject of any claim of infringement;
• provide, disclose, or transmit information of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
• perform unsolicited, undisclosed or unauthorized advertising;
• transmit any software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Services or any recipient;
• access, tamper with, or use services or areas of the Services that you are not authorized to access;
• access or use any portion of the Services if you are a direct or indirect competitor of ours, including without limitation companies involved in data research, internet listing services, dissemination of information, or property development;
• alter information on or obtained from the Services;
• reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, tamper with, or otherwise use any portion of the postings, registration information, profiles, submissions or content belonging to the Services or other users of the Services other than your own personal, non-commercial use;
• use any robot, spider, scraper or other automated means or interface not provided by us to access, retrieve, scrape, extract, gather, or index any portion of the Services;
• transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
• frame any part of the Services, or link to the Services, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by us;
• impersonate or misrepresent your affiliation with any person or entity;
• reverse engineer any licensed software, application, or any other aspect of the Services or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services; or
• take any action which might impose a significant burden (as determined by us) on the Services’ infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Services.

7. Third Party Products; Affiliate Products

Third Party Products. The Services may contain links, advertisements, or integrations to other websites, services, and products provided by third parties (“Third Party Products”). Such Third-Party Products are provided for your convenience only. We have no control over Third Party Products and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use, access, or purchase of any Third-Party Product is entirely at your own risk, and subject to separate terms of use and/or other agreements between you and the provider of such Third-Party Product (a “Third Party Service Provider”). You are solely responsible for your decision to permit any Third-Party Service Provider to use or access your data.

HMSA has no liability or responsibility whatsoever for any Third-Party Products, including their accuracy, reliability, availability, security, data handling, data processing, completeness, usefulness, or quality. The Third-Party Service Provider is solely responsible for ensuring that any information submitted through their websites, products, services, or third-party applications to the Services is accurate, complete, and correct. HMSA is not responsible for the standards or business practices of any Third-Party Service Provider. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY SERVICE PROVIDER.

Affiliate Products. The Services may also contain links, advertisements, or integrations to other websites, services, and products that are provided by our affiliates or subsidiaries (“Affiliate Products”). Such Affiliate Products may be subject to separate terms of use and/or other agreements.

8. Children

Nothing on this website is intended to specifically solicit information from minors (people under 18 years old) or to seek to determine whether the visitor is a minor. If you are under 18, you are not permitted to submit to us any personally identifiable information, such as your name, address, email address, telephone number or any other information that would permit us to identify you. Anyone under 18 who wants to obtain any product from HMSA or otherwise submit any personally identifiable information to us should ask a parent or guardian to do it in his/her own name. Because such information will not be specifically identified as being from minors, users of the Services should be aware that personally identifiable information submitted to it by minors may be treated in the same manner as information given by an adult. If we learn we have collected or received personal information from a minor without verification of parental consent, we will delete that information. If you believe we might have any information from or about a minor, please contact us.

9.Indemnity

You agree to defend, indemnify, and hold harmless HMSA, its officers, directors, employees, affiliates, subsidiaries, agents, licensors, and suppliers, from and against all third party claims, actions or demands, costs, damages, liabilities, settlements, and expenses, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Services or resulting from, or alleged to result from, your use of the Services or your violation of these Terms or any law. We shall have the right, in our sole discretion, to select our own legal counsel to defend HMSA from any claims (but by doing so shall not excuse your indemnity obligations). You shall notify HMSA immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or HMSA’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of HMSA, settle, dispose or enter into any proposed settlement or resolution of any claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for HMSA.

10. DISCLAIMERS OF WARRANTIES.

HMSA PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES OTHER THAN AS SET OUT IN THE DEED AND MANGEMENT REGULATIONS OF THE RESPECTIVE PROPERTY UNLESS OTHERWISE ESTABLISHED BY LAW. CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND.

11. Waiver and Limitation of Liability

To the fullest extent permitted by law, you hereby waive and release HMSA, its employees, agents, officers, or representatives from any and all claims, losses, costs, or damages of any nature whatsoever resulting from or in any way related to your use of the Services or these Terms. To the maximum extent permitted by the applicable law, we will not be liable to you for loss of profit or revenue, loss of business opportunity, loss of use, or for any incidental, special, indirect or consequential damages arising out of or in connection with your use of the Services or these Terms.

We will not be liable for performance of services where delayed by war, riot, epidemic, pandemic, network failures, malicious cyberattacks, interruptions in third party telecommunications, energy, acts of God or governmental action, embargoes and strikes. The indemnification provided for in this section shall survive any termination of these Terms. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE AMOUNT OF FEES PAID BY YOU TO US.

Nothing in these Terms shall be interpreted as excluding or limiting liability that cannot be excluded or limited according to the applicable law.

12. Miscellaneous

12.1 Assignment

You may not transfer, assign, or delegate these Terms to anyone without the express written permission of HMSA. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of HMSA will be null and void. We have the right to transfer, assign and delegate these Terms to one or more third parties without your permission.

12.2 Entire Agreement

These Terms constitute the sole and entire agreement between you and HMSA with respect to the Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms will continue in effect. The Terms (including any related consents or agreements that you provide during your visit to the Services) constitutes the entire agreement between you and us with respect to the Services and supersedes all other prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us regarding the Services.

12.3 No Waiver

The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.

12.4 Translation

These Terms are available in English and in Portuguese languages. Your relationship with us will be governed by the Portuguese language version of the Terms, and if there is any contradiction between the Portuguese language version and a translated version, the Portuguese language version shall take precedence.

12.5 Opt-Out or Change Information

Requests to change your personally identifiable information may be submitted using the contact information below. We may send emails regarding our services. If you wish to discontinue such communications, follow the directions contained in the email to remove a name from our mailing list.

12.6 Governing Law

These Terms shall be governed by the Portuguese law, without giving effect to the choice of law provisions thereof.

12.7 Contact

For questions or concerns about the use of personal information or about these Terms, please contact info@yoolisbon.com.