Please read these Terms & Conditions carefully as they contain important information about your rights, redress and obligations. By accessing or using SixEmotions Platform, the Partner, Employee, Client or any other SixEmotions Platform User, agree to be bound by and bound to these Terms.
Please note that: (section 17) of these Terms & Conditions contain the collective action waiver arbitration clause that applies, including but not limited to all SixEmotions Platform Users. These clauses apply including without limitation, to all disputes with SixEmotions and affect how all disputes are resolved, including and without restriction, whether you are a resident in Portuguese territory or not. By accepting these Terms & Conditions, you agree to be bound by this arbitration clause and other individual or collective class action waiver.
These Terms & Conditions constitute a legally binding agreement between the Partner, Employee, Client or any other User of SixEmotion’s Platform (as defined below), which govern your access to and use of the Website, including any subdomains and other websites through which SixEmotions makes its services available collectively - "WebSite", tablets and other mobile hardware applications, as well as mobile application programming interfaces collectively "APP" and all services or collectively associated products.
The SixEmotions WebSite, APP, Services and Products are hereinafter collectively referred to as "SixEmotions Platform". Our Partner, Employee, Client, or any other User, are incorporated by reference into this Agreement, non-discriminatory Policy, Terms and Conditions as well as other Policies and Terms applicable to or by the use of the SixEmotions Platform.
When these terms, mention "we" or "our" are references expressing the SixEmotions brand, throughout the texts of this agreement.
Even if your Country of Residence is not Portugal, you are entering into a contract with MassTechlace - Unipessoal Lda., Az. Dos Bezouros, nº5, 2650-367 Amadora, Portugal.
Our collection and use of personal information related to your access to and use of the SixEmotions Platform are described in our "Personal Data Protection" Policy.
Any and all payment processing services, either through or by your use of the SixEmotions Platform ("Financial Services"), are made available to you directly on the SixEmotions Platform or by the MassTechlace Financeira.
As Partner you are solely responsible for identifying, understanding and complying with all applicable laws, rules and regulations for your Ads and Services. For example, you may need to register, obtain permits, or obtain licenses before providing the Services or Products you are proposing, such as preparing food, placing alcoholic beverages on sale, taking guided tours, operating vehicles, boats, or aircraft.
As Partner you are solely responsible for identifying and obtaining the necessary licenses, authorizations or registrations relating to the Services to be provided. Some types of Services may be totally prohibited. Penalties may include fines or other penalties.
We may provide some information to help you identify some of the obligations that apply to you. If you have any questions about how the national or local law applies to your Advertisement (s) of Service (s) and Products, you should always seek legal guidance.
» SCOPE OF PRODUCTS AND SERVICES
» ELEGIBILITY TO USE SIXEMOTIONS PLATFORM
» MODIFICATIONS TO THESE TERMS
» PARTNER ACCOUNT
» ADS AND ANNOUNCEMENTS
» SIXEMOTIONS SERVICE COMITIONS
» CO PARTNERSHIPS
» CLIENT ACCOUNT
» EXPERIENCES, EVENTS, OTHER SERVICES OR PRODUCTS
» ROAD TRANSPORT AND TRANSFERS
» RATINGS AND REVIEWS
» CURRENCY ROUNDING
» PROHIBITED ACTIVITIES
» TERM, TERMINATION AND SUSPENSION
» ARBITRATION FOR DISPUT RESOLUTION
» APPLICABLE LAW AND JURISDICTION
» NONFIDENTIALITY, NON-SOLICITATION
» GENERAL PROVISIONS
1. SixEmotions Platform is an online marketplace tool that allow registered users; (i) who may offer by announcing “Publishing” services or products. Both Partners and third parties will be referred to as "Partner" and the services or products they offer can be Experiences, Events or other Services or Products on the SixEmotions Platform ("Ads"); (ii) Who work for, or perform tasks in behalf of the Partner will be referred to as "Employee" (iii) Whoever uses the Services or purchases products from Partners will be referred to as "Client". Partner Services and products may include the offering of one or several day activities of various categories referred as ("Emotions"). Private transportation “Transfers”, access to events, locations and a variety of other services and products, related or not with “Attractions”, “Events”, “Culture”, “Food & Beverage” and “Wellness”.
2. As a supplier of the Platform, SixEmotions may also own, create, sell, resell, supply, control, manage, offer, make available or provide Experiences, Events or other Services or Products. SixEmotions is an authorize organizer and reseller of organized travel and related travel services under the terms and Licenses (RNAAT 433/2017) & (RNAVT 7137).
Herewith, SixEmotions is solely responsible for its own Advertisements, Services or Products, and by making or accepting Bookings reservations to our own services and products, the Clients are bound to this contract directly with us as with any other Partner.
SixEmotions is not and will not be a party to, or will participate in any way in, any contractual relationship between Partners and Clients besides the relationships herein agreed, nor is it a real estate agent or insurance broker. SixEmotions acts only on behalf of the Partner under the express authorization in this Agreement and not on any account of the Partner, unless otherwise specified.
3. Although SixEmotions may assist in facilitating the resolution of disputes, SixEmotions does not impose or guarantee any control, regarding (i) quality, safety, suitability or legality of any Partner’s Advertisements, Services or Products; (ii) the accuracy or correctness of any descriptions in the Announcements, Classifications, Comments or other Contents (as defined below); or (iii) the performance, conduct or misconduct of any Partner or third party. Any reference to the "verification" of a Partner (or similar language) only means that the Member has undergone a relevant verification or identification process and nothing else. A description of this nature does not constitute endorsement, certification or assurance by SixEmotions or Masstechlace, including the identity or history of any Partner, or whether the Partner is reliable, secure or suitable. The Client must exercise, due diligence and care in deciding to participate in any Experience, Event or to use other Services or purchase any Product advertised.
The Verified Images (as defined below) are only intended to constitute a photographic representation of the Announcement at the date the photograph was taken, which does not mean that SixEmotions approves nor certifies the Announcement.
4. If, as Client (as defined below) you choose to use the SixEmotions Platform, your relationship with SixEmotions is limited to the fact that, for any reason, you are an independent third party contractor, not an employee, agent, joint venture or partner of SixEmotions, whereby Client acts solely in its own name and for its own benefit, not on behalf of or for SixEmotions.
SixEmotions does not manage or control (nor is it to be construed to do so) in general or in the performance of its activity, in accordance with these terms, specifically the provision of Partner Services. You acknowledge and agree that you have complete discretion to advertise Services or Partner Products or otherwise engage in other business or employment activities.
5. To promote the SixEmotions Platform and to increase the visibility of the Ads and potentiate more Clientele, the Advertisements and other Content of the Partners may be made available on other websites, applications, e-mail messages, online, and in offline advertisements. To assist Partners in different languages, Advertisements and other Partner Contents may be translated, in whole or in part, into other languages. SixEmotions cannot guarantee the correctness or quality of the translations, and the Partners are responsible for analyzing and verifying their correctness.
The Platform may contain translations provided by Google. Google shall be exempt from all warranties relating to translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6. The SixEmotions Platform may contain links to third-party websites or resources. These Third Party Services may be subject to different terms and conditions and privacy practices. These Third Party are responsible for the availability or accuracy of their Services content and products or services that make available. Links to such Third Party Services do not imply that SixEmotions certifies these Third Party Services.
7. Taking into consideration the characteristics of the Internet, SixEmotions cannot guarantee the continuous and uninterrupted availability as well as the accessibility to the SixEmotions Platform.
If necessary, SixEmotions may limit access to the Platform or some of its areas or functionality due to limits of capacity, security or integrity of the servers or to perform maintenance measures that ensure the proper or improved operation of the SixEmotions Platform. SixEmotions may, from time to time, improve, strengthen and alter the Platform and introduce new Services.
1. You must be at least 18 years of age and be able to enter into legally binding contracts to access, register an Account and use the SixEmotions Platform. By accessing or using the SixEmotions Platform, you guaranty that you are 18 years of age or older and that you have the legal capacity and authority to enter into a contract.
2. You must comply with all applicable export control laws and jurisdiction in your country. The Partner further declares and warrants that: (i) its Services are not located or occur in an embargoed country designated by the European Parliament, or as a " terrorism supporter country”; and that (ii) is not on any government list as being an entity subject to prohibitions or restrictions.
3. SixEmotions may limit access to and use of the Platform or certain areas or features, to certain conditions or requirements, such as completing a verification process, meet specific quality or eligibility criteria, meet Classification or Comments, the history of reservations and cancellations of a Partner.
4. The verification of the user on the Internet is difficult, and we do not assume any responsibility for the confirmation of the identity of any user. Notwithstanding the foregoing, for the purposes of transparency and fraud prevention and as permitted by applicable law, we may, although we are not required to: (i) require users to provide a form of government-issued identification or other information or carry out additional checks designed to help verify the entities or the background of the Users; (ii) verify the Users in the databases of third parties or other sources and request reports from the Partners; and (iii) in cases where we have sufficient information to identify a User, obtain reports of public records of criminal convictions or records of sexual or other crimes, or an equivalent version of the background or verifications of sexual or other crimes recorded in its home country.
5. Access to or use of certain areas and features of the SixEmotions Platform may be subject to different policies, rules or guidelines, or may require you to accept additional terms and conditions. Unless otherwise stated, in the event of a conflict between the proposed terms and the terms and conditions applicable to a particular area of the SixEmotions Platform, the latest terms and conditions shall prevail with respect to your access to, or use of the area or functionality in question.
6. By accessing or downloading our Apple App Store Application, You are agreeing to the Apple Licensed Application End User License Agreement. Some areas of the SixEmotions Platform have implemented Google Maps / Earth mapping services, including the Google Maps API (s). Your use of Google Maps / Earth is subject to the Google Maps / Google Earth Additional Terms of Service.
MODIFICATIONS TO THESE TERMS
SixEmotions reserves the right to change these Terms at any time in accordance with the following provision. If we make changes to these Terms, we will post the revised version of these Terms on the Platform and update the "Last Update" date at the beginning of this document. We may also notify you of the changes by email, at least 30 (thirty) days before the date of its entry into force, if you express in writing. If you do not agree to the revised Terms, you may terminate this Agreement with immediate effect. We will inform you of your right to terminate the Agreement, in the notification by e-mail. If you do not terminate your Agreement prior to the effective date of the revised Terms, your continued access to or use of the SixEmotions Platform constitutes acceptance of the revised Terms.