Terms & Conditions (“Terms”)
Updated on: October 07, 2015
The following use terms and conditions (“Agreement”) govern the entire use of the madeira.best website (“Site”) and the products and services available on the site (together with the site, the “Service” provided).
Some of the aspects of the Service allow and/or are related to the bookings and scheduling of several activities, experiences and adventures. The Service is detained and operated by Land & Sea, Lda (“Company”). The service provided to the user (“User”) is subject to the users approval of the governing terms, without any modifications to the terms and conditions here stated, as well as all the other operational rules, policies and procedures that from time to time may be updated on this Site by the Company.
BY USING OR REQUESTING ANY PART OF OUR SERVICES, THE USER IS AGREEING TO ALL THE TERMS AND CONDITIONS HERE SET FORTH; IF THE USER DOES NOT AGREE TO ANY ONE TERM OR CONDITION THE USER SHOULD NOT USE NOR REQUEST ANY SERVICE.
The Company reserves the right at its own discretion, to change, replace and insert any terms and conditions within this agreement at any time it deems fit. It is the Users sole responsibility to verify this agreement periodically regarding its entire content or any change or update that might have been introduced. The continued use of the Site or any Service provided constitutes an explicit consent on behalf of the user of the governing terms and conditions and any update that might have been introduced until that time of use.
Certain Services made available on the Site may been subject to additional terms and conditions. Until any time where the additional terms and conditions are in direct contradiction to the general governing terms and conditions, their validity and thus applicability shall prevail.
Access
Subject to the Terms and Conditions in this Agreement, the services provided in connection with the Service are for the sole and individual use of the User. The Company can change, suspend, or discontinue the services at any time, including ceasing the availability of any functionality, product, service, data base or content. The Company can bestow limits to certain functionalities, services, products or access to Users as a part or as a whole under its own discretion, without prior warning and without undergoing any responsibility of such measures.
The User assures the Company, that in case of being a single individual (not a company) that he or she are older than 18 years of age. The User furthermore assures the Company that he or she are legally allowed to use the Service and take full responsibility for the selection and use of any of the services provided. This Agreement is deemed as invalid where by decree of any law part or all of its terms are considered illegal. The right of access to the Site or any of its Services are immediately revoked under any jurisdiction where there is a legal opposition to our Governing Terms.
The user is responsible for obtaining or maintaining any equipment or auxiliary service that is needed in order to be fully compatible with regards to accessing the provided services.
Restrictions
The User will not, nor allow any third party, directly or indirectly: (i) the use of re-engineering, dismounting, decompiling, or in any form trying to disclose the source-code or algorithms in use in whole or as a part of the services provided under the scope of the Site; ii) modify or create derivatives of any part of the Services; iii) rent or sublet, or use the Service for time-sharing or administrative services; or iv) remove or conceal any proprietary notifications of the Service. The Company withholds all proprietary rights and intellectual rights that are contained or constitute the Services as well as any copy of the whole or in part of these Services.
The user will not resort to any form of “deep-link”, “page-scrape”, “robot”, “spider” or automated methods, programs, algorithms or equivalent manual processes to access, acquire, copy or monitor any part of our Services or Content, or any other form of reproducing or avoiding the existing navigation structure or form in which the Services are presented, or any of its content. The Company reserves the right to terminate any connection related to these activities and to undertake any legal action deemed appropriate.
The User will not try to gain unauthorized access to any part of the service, any functionality, system or network that are directly or indirectly connected or associated to the Service, by means of “hacking”, “mining”, “phishing” or any other practice leading to obtaining unauthorized access to passwords or administrative credentials.
The User will not, by systematic attempt, track or test the vulnerability of the Service or any other network connected to the Service, nor shall try breaking, hacking, forcing, jamming, any other authentication method related directly or indirectly, within the same network or adjacent network connected to the Service.
The User will not take any action that can impose a heavy load on the Site’s or Service infrastructure, that is beyond reasonable need in order for an efficient provision of the Service. Any use considered excessive by the Company can be promptly terminated without prior notification and without any assumption of responsibility by the Company.
The User will not use any device, software, routine or try to interfere with the correct functioning of the Service or any of the transactions performed by the Service, or in use by any other person requesting or using the Service.
The User cannot use this Service or any of its content for any purpose that is illegal or prohibited by our Terms and Conditions.
The User shall not get involved in any activity, including but not limited to, posting, publishing, or transmitting any sort of texts, graphics or materials that: (i) are false or deceitful; ii) are damaging and defamatory; iii) invade third party privacy; iv) are obscene, pornographic or offensive or otherwise considered as such by the Company,;
v) promote fanatic beliefs, racism, hate or harm against any individual or group; vi) transgresses the rights of others, including any intellectual property, privacy or rights to publicity; (vii) violation, or the encouragement of any conduct that can lead to the violation of any applicable law or regulation, or that can give place to any civil liability, or (viii) uses the Service for, or as a part of, or in connection to any purpose that is illegal.
Booking with Madeira.Best
Madeira.Best allows its User to book activities, adventures and experiences (each one, considered an “Experience”) with independent service providers, tourist operators, hoteliers and other suppliers (each one, considered a “Service Provider”).
When the reservation of na offering is made, the User will have to provide certain identification elements such as: telefone number, or e-mail that can and ill be used by the Service Provider in order to confirm the users identity prior to his/her participation in the Experience. Once reserved and scheduled the Company will send the User and e-mail with the confirmation of the reservation. The stored information can be used contact the Users about, and not limited to, answer customer requests, personalize content, target the users social network and send information regarding new services, products and terms.
For security purposes, the Service Provider can request the User to provide a valid identification document, with a photograph, such as a passport, driver’s license or other. This has the sole purpose of identifying the customer and helping the Company and Service Providers to avoid fraud.
THE SERVICE PROVIDERS REFERENCES BY THE MADEIRA.BEST WEBSITE AND MOBILE APPLICATION ARE IDEPENDENT, AUTONOMOUS PROVIDERS AND ARE IN NO FORM EMPLOYEES OR AGENTS OF THE COMPANY. THE COMPANY CANNOT BE HELD RESPONSABLE BY THE ACTIONS, MISTAKES, INCORRECTIONS, OMISSIONS, MISSLEADING REPRESENTATION, VIOLATION OR NEGLIGENCE OF ANY OF ITS PROVIDERS OR FOR ANY PERSOANL DAMAGE, DEATH, DAMMAGE OF GOODS OR ANY OTHER SORT OF DAMAGE OU EXPENSES RESULTING DIRECTLY OR INDIRECTLY.
The use of Madeira.Best services by the Service Providers
The Service Providers must undergo a Service Provider Contract with the company prior to opening a Madeira.Best account. The Service Provider Contract includes adicional terms that govern the relationship between the Company and set forth the guidelines to using the Madeira.Best platform, including financial terms and conditions established between the Company and each Service Provider.
In conformity the User acknowledges and accepts this Agreement. The use of Madeira.Best by the Service Provider is subject to the terms and condition included in this Agreement as well as the Service Provider Contract. In case of conflicting terms between the Agreement and the Service Provider Contract, the latter prevails.
Sales Terms
Product and Services, including any related to madeira.Best, made available on the Website or Mobile Apllication (including, but not limited to, activities, experiences and activity packs) are subject to the Sale Terms and Reimbursment policy.
Registration & Security
The User might be required , in order to use certain products or services, to register with the Company using a valid e-mail, selecting a username and securely defining a password. The User will provide the Company with precise information and will be responsible for maintaining his profile data updated. By not complying with the previous condition constitutes a violation of this Agreement and can result in the immediate suspension and termination of the Users registered account. The User cannot (i) select or use as his/her username the name of any other individual or company with the purpose of pretense or to pass as that individual or person; or (ii) use a username any name that might have trademark or proprietary rights and for which use explicit consent has not been given by the legal owners of such name, trademark or property.
The Company upholds the right to refuse, deny, erase and ban any User at its own discretion.
The User is responsible for keeping his/her credentials, such as password and profile data strictly confidential and assumes total responsibility for any activities or actions performed by any individual making use of such credentials. The User must immediately inform the Company if he/she witness any sort of unauthorized access to their credentials or account.
Content
The User agrees that all content and materials (collectively referred to as “Content”), delivered by means of the Service or any other method made available by the Company via its website, or mobile application are protected by copyright, registered trademarks, patented, trade secrets or other proprietorial rights upheld by law.
Except when explicitly authorized by the Company, in writing, the User agrees not to sell, license, rent/sublet, modify, distribute, copy, reproduce, transmit, publicise, advertise, publically display, adapt, edit or create works with any material or content.
However the User can print or download in a limited and reasonable amount any material or content from the website or mobile application, exclusively intended for his/her information and reference; and as long as the User guarantees the protection of the proprietary rights.
The reproduction, copy or distribution of any content, material or design elements on the website or mobile application for any other purpose is strictly prohibited without prior written consent provided by the Company.
Furthermore, the Service can allow the User to share content with other users or with the company (ex: via comments or other forms of shared communication or promotion). The User agrees not to use any of these functionalities to load, send e-mails, post, publish or in any other form transmit any content that: (i) violates any restriction here stated or (ii) is of commercial nature (unless previously authorized by the Company). The Company reserves the right to remove, without prior warning, and to its own discretion and form of content that does not fulfil these requirements.
By loading, uploading, transferring, send e-mails, posting, publishing or by any other mean of transmission, any sort of content, via any service provided, or by providing any sort of feedback (such as, but not limited to: suggestions, complaints, ideas, results, modifications, improvement, translations, discoveries and observations) to the Company, the User, without any restriction and for perpetuity, concedes full rights to the Company, exempt of royalties, credits, copyright, or any renounces any other form of recognition or compensation.
The User also guarantees that he holds all the rights, upon submitting content, to uphold the unconditional concession of all of the previously claimed proprietary rights to the Company.
If the User removes any submission posted via the Service, the concessioned rights transferred to the Company will not be terminated and will hold as long as the User doesn’t request in writing, requesting that such rights be revoked by listing explicitly all the content previously submitted that should undergo removal. The Company cannot guarantee that all items previously submitted can be revoked and removed but will undergo, with reasonable diligence, and to the best of its capability, procedures to comply with the User’s request,.
Special Offers/References
On occasions the Company can offer its Users special promotions or exclusive experiences, in exchange for referrals made to other Users regarding the Site and its Services.
In order to participate and benefit of such offerings the User that makes a referral must login into his account and request a customized link pertaining to the special offering. The User can share, forward, e-mail, or in any other form transmit the specific link to any amount of Users that are not current and registered users (“Referrals”) of the website, mobile application or Services provided by Madeira.Best. A registered User is an individual or company that already has a user account registered with Madeira.Best. There is no limitation to the quantity of Referrals that a Referrer can perform, however the offering might be limited in quantity or value, but such information will be properly disclaimed under the specific terms of the each promotion. For each Referral that follows the customized link provided by the Referrer that results in a new registration and qualified purchase, the Company will automatically credit the Referrers account with the corresponding amount of credits, or benefits as stated in the Terms of each promotion. Each Referral only account for one registration even if he/she receives and makes use of multiple customized links provided by the same Referrer or by multiple Referrers. The very first registration, followed through by the use of a specific customized link will endow that specific Referrer.
The Company reserves the right to not issue any special offers, at its own discretion, for any reason or no reason at all. Unless specified specifically by the Site, all credits issued in reference to special offers will expire automatically after 12 months if not used until then. In order to be eligible to receive special offers, the Company can request that the Referrer or Referral have a valid credit card registered under the Referees or Referrals account.
If the Company determines that any Referrer or Referral has tried to obtain an unlawful advantage, or in any other way has violated the terms or the spirit of such offering, the Company holds the right to revoke and annul any given credit or benefit conceded to either the Referrer or Referral. The Compnay reserves the right to modify or terminate any special offering at any time at its own discretion. All special offering are subject to the overall terms and conditions stated under this agreement or specific terms stated in an offering by offering conditions.
Considerations regarding travel
When the User uses the Service to collect information or perform a reservation, he/she should be aware that certain destinations and activities might involve a greater risk than others and that the experiences and adventures are by nature unpredictable activities. The Company appeals to all Users to revise all potential travel prohibitions, warnings, announcements and advice issued by the Portuguese Government or any other source prior to reserving the trip.
Information regarding the conditions in the multiple countries and the risk level associated with travelling to such destinations, specially international destinations can be obtained by the Portuguese Government, most specifically in its official source of information for tourists that can be visited here: www.visitportugal.com along with other on-line and off-line sources..
The User is solely responsible for being informed and for fulfilling all the requisites regarding documentation, such as: passport, visas and other travelling related documents in order to attain the adequate insurance coverage, to guarantee that the individual Use rand the Users travel Group can take all the appropriate precautions regarding health, security before, during and after the vacation. Although the Company can, from time to time, provide relevant information about such topics, such information is just shared for reasons of convenience and cannot be assured as for being up to date, complete or precise.
BY INFORMING THE USER OR ACTING AS A FACILITATOR REGARDING ANY DESTINATION OR ACTIVITY, THE COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE TRAVELS TO THE DESTINATION OR THE ACTIVITIES ARE EXEMPT OF ANY ASSOCIATED RISK. THE USER RECOGNIZES AND AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS (INCLUDING BUT NOT LIMITED TO: DAMAGED PROPERTY, THEFT, LESIONS, SICKNESS OR DEATH) THAT CAN OCCUR DURING OR BE THE RESULT OF ANY TRAVEL OR ASSOCIATED ACTIVITY. THE USER IS IN THE BEST POSITION TO EVALUATE THE CURRENT CONDITIONS AND DETERMINE THE SECURITY AND KNOWLEDGE REQUIRED RELATIVE TO ANY CHOICES MADE BY THE USER IN REGARDS TO ANY TRAVEL, ACTIVITY OR EXPERIENCE. THE USER MUST EXERT INDEPENDENT JUDGEMENT AND CAUTIOUSLY ACCESS ALL INFORMATION BEFORE DECIDING TO PARTICIPATE OR NOT IN A SPECIFIC ACTIVITY.
Indemnification
The User is responsible for all his activities in connection with the Service. The User will defend, indemnify and exempt the Company and its affiliates from any responsibility as well as exempt each if its employees, contractors, directors, suppliers and legal representatives from any responsibility, complaint, expenses, including legal representation that can arise from the User (i) using or making ill use of the Service; (ii) accessing any part of the Service, or (iii) violation of the terms in this Agreement.
Exemption of Waranty
THIS SERVICE IS PROVIDED AS IS, WITHOUT ANY GUARANTY OR ASSURANCE OF ANY KIND, OR OF ANY FORM, INCLUDING WITHOUT ANY LIMITATION, COMMERCIALLY APPLICABLE GUARANTEES, APTITUDE FOR A PARTICULAR PURPOSE OR NON-VIOLATION. THE COMPANY WILL NOT GUARANTY THAT (I) THE SERVICE IS EXEMPT OF ANY VIRUS OR OTHER HARMFUL COMPONENTS OR FACTORS, OR (II) THAT THE RESULTS OF USING THE SERVICE WILL FULFIL THE USERS EXPECTATIONS OR REQUIREMENTS.
Limitation of Responsability
THE COMPNAY WILL ALSO NOT BE HELD ACCOUNTABLE FOR ANY LOSS OR DAMAGE OCCURING DIRECTLY OR INDIRECTLY, OF THE UNCAPABILITY OF ACCESSING THE WEBSITE OR MOBILE APPLICATION (INCLUDING WITHOUT ANY LIMITATION ANY DELAYS OR INTERRUPTION OF SERVICE RELATED TO ELECTRICAL OR MECHANICAL FAILURE, DENIAL OF SERVICE ATACKS (DOS), PROCESSING FAULTS, DATABASE CORRUPTION, COMUNICATIONS PROBLEMS, INTERNET AND UTILITIES FAILURE. THE PREVIOUSLY STATED LIMITATIONS DO NOT APPLY SINCE THEY ARE ALREADY PROHIBITED BY LAW.
ALÉM DISSO, A EMPRESA NÃO SERÁ RESPONSABILIZADA POR QUAISQUER PERDAS OU RESPONSABILIDADES RESULTANDO, DIRECTA OU INDIRECTAMENTE, DA INABILIDADE DO UTILIZADOR DE ACEDER OU DE OUTRO MODO UTILIZAR O SITE (INCLUINDO, SEM LIMITAÇÃO, QUAISQUER ATRASOS OU INTERRUPÇÕES RESULTANTES DE FALHAS RELACIONADAS COM EQUIPAMENTOS ELECTRNICOS OU MECANICOS, NEGAÇÃO DE SERVICE ATTACKS, FALHAS DE PROCESSAMENTO DE DADOS, TELECOMUNICAÇÕES OU PROBLEMAS DE INTERNET OU FALHAS DAS UTILIDADES. AS SUPRACITADAS LIMITAÇÕES NÃO SE APLICAM NA MEDIDA EM QUE SÃO PROIBIDAS PELA LEI APLICÁVEL.
Third-party websites and products
The Website allows the User to access Services or products by means of links to other websites, service providers (including commercial), internet resources, collectively designated as “Third-party”, are not in any way controlled or under control by the Company and the User acknowledges that the Company cannot be held accountable or charged of any direct or indirect responsibility arising from any damage or loss caused by or from in connection with the Third-party, content, information, services, products or by any other means made available by the Third-parties. The User will indemnify and exempt from any responsibility the Company in regards to any complaints arising from or in connection to the provision, supply or sale of any service or product form any Third-party or brought upon due to any omission on behalf of the User, or by violation of any of the Terms and Conditions applicable. If the User has or holds any litigation with a Service Provider, the User will exempt the Company of any request regarding indemnification or compensation of any nature, known or unknown, provided by directly or indirectly by any provider involved in the litigation.
Termination
The Company can terminate the Users access to any or all of the Services provided at any time and for any duration, with or without reason, with effect from the moment of notification (which can be executed via email, without any need to prove that the email was opened or read by the user). After being notified, the User will not be able, and shall not try to access any of the Services. All provisions under this Agreement, will outlive, including, without any limitation, guarantees and liability the termination of the Service.
Exportation and Sales Control
The user agrees that he/she cannot import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information made available by, or in accordance with the provided Service, unless when in full compliance with the Portuguese and foreign laws and applicable regulations.
Privacy
Our Privacy Policy is made publically available on the Companies’ Website (“Privacy Policy” section). The Company highly recommends a careful and detailed Reading of this section to every User.
Copyright
All the content on the Website and Mobile Application, such as texts, graphic elements, logos, icons, images, audio clips, video clips, digital assets, data compilations, source code and software are exclusive property of the Company or of its content suppliers and are protected under copyright laws and Portuguese author rights. The compilation of all site-wide content and mobile application content are exclusive property of the Company and are protected by Portuguese and International copyright laws.
Diverse
Failures or faults of any part in exercising any aspect or term of this Agreement, will not be considered as a resignation of any sort nor the dismissal of any term or condition.
The Company cannot be held responsible for any fault or failure to execute its obligations hereby defined, when these faults or failure arise from any reason that is not within reasonable control by the Company, including but not exclusively and without any limitation, mechanical failures, electronic or electric failures, communication failures (“noise over the lines”). If any provision under this Agreement is considered invalid or inapplicable, this provision shall be limited to its extent of applicability or removed but always in a way to enforce the binding conditions that guide the principles of the Agreement.
This Agreement cannot be reapplied, transferred or sub-licensed by the User without the express written consent by the Company. The Company can transfer, reapply, repurpose or delegate this Agreement, its rights and duties without any consent but its own. This agreement will be ruled and arbitrated in accordance by the laws of Portugal, as if the parties were both Portuguese citizens. All parties subject any dispute, exclusively to the State and National Courts of Portugal and accept that all legal procedures are disputed exclusively under Portuguese jurisdiction.
All parties agree that this Agreement is complete and declare to have fully understood all of its terms and conditions. No agency, partnership, joint-venture or employment will arrise from this Agreement and the User has no authority, of any kind, to establish any sort of imposition or obligation upon the Company.