TERMS & CONDITIONS OF USE OF THE VEEZIT DEVICE AND PRIVACY POLICY
1. Key Terms and Definitions
1.1. In these Terms and Conditions of Service, the following words and expressions shall have the following meanings:
“Agreement”
means and refers to these Terms and Conditions of Use of the Veezit Device and to the terms and conditions of any other supplemental or similar agreement of the Company with the Partner and the User with respect to the provision of the Services.
“Applicable Law”
with respect to any person, action or thing means:
(a) any legislation, laws, directions, regulations or codes of practice enforceable in the Company’s country (Portugal) or the Partner’s country;
(b) any obligation made under any license held by the Company in Portugal or any other country;
(c) any applicable European Union treaty or convention.
“Company”
means the provider of the service, Gott – Soluções Tecnológicas, Lda (NIPC – 513362061) who makes available the Veezit device to the Partner.
“Contract Period”
when in respect with the contract of the Service, means the minimum period fixed between the Partner and the User for its use, which shall never be longer than the rental term agreed between them.
“Messages”
means electronic communications such as email or other forms of communications in different support.
“Mobile Data”
means the transmission of any electronic data or information back and forth networks or roaming devices for data services purposes.
“Network”
means the telecommunications network(s) in relation to the network/roaming devices provided by the Company and /or its network provider(s).
“Partner”
means the company or entity that is supplying the Company’s VEEZIT device to the User and the one who will agree with the User the device rental period.
“Personal Data”
refers to any individual personal data as defined under the laws of the country where the device was rented.
“Service” or “Services”
means, and does not restricts to, the Veezit device rental services and to other mobile and roaming services provided by the Company, directly related or not with the Veezit device, that the User can use and which make part of the Agreement.
“Service Charges”
means all the charges concerning the provision of the Veezit Device services and/or other, related or not, Services provided by the Company and the Partner to the User including the use of the Veezit Device, voice airtime, data usage, roaming, content, set to be borne by the user.
“SIM Card”
means a subscriber identity module card.
“User”
means the person identified by the Partner who’s using the Veezit Device services or other services provided by the Company during the contract period established with the Partner.
“Veezit Device”
means a mobile phone device or any other mobile device (including the SIM card and any accessories, i.e. one charging cable, one protective cover, one wall charger, one car charger and one magnetic holder) as specified in the Registration Form and rented from or provided by the Company or any dealer or distributor authorized by the Company.
2. General Terms
2.1. These Terms and Conditions, as set forth, form the Agreement between the Company, the Partner and the User for the Services. Please read these Terms and Conditions carefully. By accessing and becoming a user of the Services, the User agrees to these Terms and Conditions and Privacy Policy.
2.2. The Agreement constitutes the entire understanding between the parties in respect to the Services, the Service delivery and any other matter related. The Company does not acknowledge any terms or conditions which are contrary or differ from those established in this Agreement and any representations and promises oral or written which are not covered by the Agreement are hereby withdrawn and cancelled.
2.3 The Company is forbidden to contractually assign the whole or any part of the Agreement to any other party or parties at any time without the prior written consent of the Partner. The User is forbidden to transfer to third parties in any way the rights and obligations of the Agreement without the consent of the Company.
2.4 The Company and the Partner cannot be legally or in any other way held responsible for any breach or lack of privacy which may arise out of Services provided.
2.5 The failure of the Company at any time to enforce the Agreement or to require performance of any obligation or to resort to any remedy provided under it shall in no way affect its right to require performance or to resort to a remedy at any time thereafter, nor shall any waiver of a breach be deemed to be a waiver of any subsequent breach.
2.6 This Agreement is governed by the law of the country where the device was rented.
2.7 If a provision or any part of this Agreement is deemed by any Court as illegal, invalid or unforceable, that shall not affect in any way and in any jurisdiction the validity and enforceability of any other provision or part of this Agreement which will remain in full force and effect.
2.8 The headings of sections and paragraphs herein are included solely for convenience of reference and shall not control or affect the meaning or interpretation of any provisions of this Agreement.
3. Area of Applicability
This Terms and Conditions set out herein shall apply to any and all of the Services delivered by the Company in respect to the “Veezit Device”.
4. Application and Confirmation for the Service
By accessing, reading and accepting this Agreement the User fully acknowledges it and is applying for the Services and confirming their delivery.
5. Delivery of the Services
5.1 In compliance with the Agreement, the Services will be delivered to the User during the Contract Period by agreement between the Company and the Partner in the hereinafter terms, which the User acknowledges and accepts:
(a) The Partner will provide the Veezit Device to the User in the Partner’s rental stations;
(b) The User will be provided by the Partner with instructions on the use of the Veezit Device;
(c) The Partner will allocate a mobile telephone number to the User for the Services;
(d) The User will be granted the right to use a SIM Card during the Contract Period. The title to the SIM Card will at all times remain vested in the Company.
(e) Bound by the strict compliance with the terms and conditions herein and subject to fair usage policy, the User can be provided, according to the product selection, the following services: gps navigation, tourist guide, local and international calls, internet and hotspot.
5.2 The User agrees to subscribe and to receive the services in terms herein during the Contract Period.
6.Use of Veezit Device
6.1 The Veezit Device, including the handset, the SIM Card and all accessories (i.e. one charging cable, one protective cover, one wall charger, one car charger and one magnetic holder) are exclusive property of the Company and it will remain so at all times.
6.2 The provision of the Veezit Device to the User does not entail in any way ownership transfer of the device and accessories. The User is allowed to take the Veezit Device outside the Partners rental station but is entirely responsible for returning the Veezit Device and any accessories in good working order at the time of expiration of the Contract Period, termination of the Agreement or upon the Partner´s request.
6.3 Regarding the handling and use of the Veezit Device, the User agrees to the following conditions:
(a) The Veezit Device is for personal use accordingly with the instructions provided only. The use of the device for commercial, unlawful, prohibited or other purposes is expressly forbidden. The use of the device for any non-authorized purpose or not accordingly the provided instructions is also forbidden;
(b) The User will not make any type of changes or repairs to the Veezit Device;
(c) The User will not change in anyway the external aspect of the device and will refrain from removing or interfering with any markers, labels affixed to the Veezit Device;
(d) It is strictly prohibited for the User to change, transform, disassemble, ruin, vandalize, adapt, add to or otherwise tamper in anyway the Veezit Device;
(e) The User is not allowed to transfer, sublet or allow at any title the use of the Veezit Device by any third party;
(f) The User will not attempt to dispose of the Veezit Device or to grant any interest in the Veezit Device to any third party.
(g) All the obligations, restrictions and prohibitions mentioned above shall also apply to the use of any accessories handled to the User along with the Veezit Device.
6.4 The User is fully responsible for all transactions and services made by, through or from using the Veezit Device.
6.5 The User is obliged to return the Veezit Device to the Partner in working conditions and without damages forthwith upon expiration of the Contract Period, termination of the Agreement or upon the Partners request.
7. Repairs and Replacement Policy
7.1 If the Veezit Device is not working correctly when delivered and received by the User or subsequently malfunctions, the User shall immediately notify either the Company or the Partner.
7.2 In the occurrence of the event specified in the previous subparagraph and after being notified of the malfunction or problem regarding the Veezit Device by the User, the Company will repair or replace it with an equal or similar device (which shall constitute a Veezit Device for purposes of this Agreement) as soon as reasonably practicable, for a period equivalent to the part of the rental period unexpired when the malfunction occurred, but only if the problems of the Device did not arise from a breach of the Agreement by the User.
8. Loss of the Device, Damage Management and Compensation
8.1 In the event of destruction, damage or loss (including disappearance) of the Veezit Device and/or its accessories or if by any chance or motive the User fails to return the mentioned device or accessories upon expiration of the Contract Period or upon contract termination, the User shall be liable for fully compensate the Partner against all losses, damages, expenses, costs or charges and claims arising directly from the loss, integral or partial destruction and damage of the Veezit Device.
8.2 If the Veezit Device is damaged, stolen or lost while on rental, by any means and regardless of the circumstances, the User is liable to pay to the Partner on demand, an amount equivalent to the value of the Veezit Device in accordance with the following device replacement and customer charges:
– Total loss of the Device and its accessories: 150 €
– Total loss of the Device: 120 €
– Break of the screen of the device or loss of battery: 90 €
– Loss / Break of any accessory: 5 €
8.3 In the occurrence of any of the events referred to in paragraph 8.2, the User is liable for all Service Charges arising from the use of the Veezit Device before and after the event. In this case, the method of payment will be determined by the Partner.
9. Contract Termination and Service Restrictions
9.1 The present agreement can be terminated immediately by the Company or the Partner without notice if:
(a) The User fails or refuses to perform any term of the Agreement or if he violates any of the conditions or obligations contained herein;
(b) The use of the Veezit Device by the User is deemed by the Company or the Partner as improper for the purposes for which it was intended or if the User makes or allows other un-authorized users to make an un-authorized, illegal or fraudulent use of the Veezit Device;
(c) The User, by himself or through others, somehow modifies, damages, ruins, destroys or tampers in anyway with the Veezit Device or tries to access or copy any kind of un-authorized information contained in the so mentioned device or written in the SIM Card;
(d) The User makes or allows someone else to make possible illegal, fraudulent or unusual actions trough the Veezit Device or through its Network, within the meaning of the Company’s fair usage policy.
9.2 Without prejudice of the right of the Company and Partner to terminate the contract or to undertake other provisions contained in the Agreement in the way and at the time deemed adequate or appropriate, the Company or the Partner may, in face of the occurrence of any event contemplated in the previous subparagraph, disconnect or restrict the Services (by, for example, switching off hotspot and/or reducing transmission speeds) or any part thereof at any time and without notice.
9.3 The Company or the Partner also reserves the right to limit, restrict deactivate or disconnect the Veezit Device and Services at any time and without noticing the User, in front of the possible fraudulent, illegal or unusual use of the Veezit Device and Services or if illegal or fraudulent usage of Network is detected or if in any way the User makes use of the Veezit Device and Services not accordingly the Company’s fair usage policy.
9.4 The Partner shall have the right to re-assign the mobile telephone number allocated under clause 5.1(c) to another User after the termination of the Agreement.
10. Warranties and Liability
10.1 The Company and the Partner warrant that the Veezit Device and accessories will be well maintained and in good working order when delivered to the User. Nevertheless, due to the nature of technology, the Company and the Partner do not warrant that the operation of the Veezit Device will be uninterrupted, error-free or fault-free and cannot be liable for the performance of the Veezit Device or the operation of the Networks to which it is connected which may suffer technical issues attributable to the network provider. By accepting this terms and conditions the User recognizes, consents and accepts that the Service may be temporarily suspended or interrupted; the Service may experience dropped calls or difficulties or impossibilities in certain international direct dialing calls regarding certain phone numbers; the Service may experience technical issues due to system limitation or device failure or due to reasons beyond control such as, and no restricted to, obstacles or limitations to the performance caused by atmospheric or other conditions.
10.2 The Company and the Partner do not make any warranties or representations – express or implied – regarding the product (material itself) liability for which solely lies, in any case and at any time, with the manufacturer. Thus, the Company and the Partner cannot be held liable for any claim concerning the product liability.
10.3 To the full extent permitted by law, the Company and the Partner make no other warranties, guarantees or representations of any kind, either express or implied, with respect to the services, its condition and adequacy for a particular end or for the purpose of the services of the agreement, including without limitation, the access and use of services, correctness, reliability, operation and availability. The Company and Partner also do not make any warranties or representations, express or implied, regarding user contributed data or any third party services or materials including, but not limited to non-infringment, security or risk of interception of information.
10.4 The Company and the Partner will in no event be responsible for any liability, claim, loss, injury, damage or expense of any kind (including lost profits) whether special, incidental, direct, indirect or consequential caused by the VEEZIT device or the failure of the VEEZIT device to operate correctly or at all or delay, faultiness (such as degradation of service) or failure of the services.
10.5 The User agrees to indemnify, defend and hold harmless the Company and the Partner against all claims, losses, liabilities, expenses, damages and costs arising from or relating in any way to the use and/or connection with the Services and product (including, in any way, the misuse of the Veezit Device) or regarding the User’s conduct with connection with any violation of the Agreement, any law or the rights of any third party.
10.6 The Company or the Partner assume no responsibility whatsoever and shall not be liable for the disconnection or deactivation of the Veezit Device or for any kind of Service restrictions in case of the Veezit Device and Services usage not accordingly the Company’s fair use policy or in the event of its use for possible fraudulent, illegal or unusual purposes. The User acknowledges and agrees that the Company and the Partner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the disconnection or deactivation of the Veezit Device or any kind of Service restrictions.
10.7 All Personal Data or any kind of information such as files and apps that the User may have introduced or stored on the Veezit Device will be completely erased upon Contract Period expiration or Contract termination to protect the User’s privacy. After the return of the Veezit Device it will also be erased all Personal Data or information contained in any kind of external storage device (such as memory cards) present in the Veezit Device and that the User may have connected to that Device. The Company and the Partner will in no event be responsible nor shall the user make any claim against the company and/or the partner for any loss or damage of any kind (including corrupted or lost data) arising out of or in connection with the user’s use of the VEEZIT device.
Any third party advertisers or merchants offering goods or services via the Veezit Device are separate businesses from the Company and the Partner. To the maximum extent permitted by law, the Company and the Partner disclaim all liability in respect of any loss or damage howsoever caused that may be sustained in connection with such goods or services.
PRIVACY POLICY
The Company and the Partner understand that privacy is important and for that reason they are fully committed to protecting User’s privacy.
Through this Privacy Policy the Company and the Partner endeavour to help the User understand in an open and transparent way about the Company’s policies and procedures on the collection, handling, data-processing and disclosure of User’s personal information (including Personal Data) collected through the mobile applications on Veezit Device provided by the Company and the Partner, which is connected with a mobile platform developed by the Company (hereinafter referred to collectively as the “Veezit Platform”) and to affirm the commitment to protecting the User’s privacy.
The Company seeks to conduct its business in compliance with the applicable laws, rules and regulations regarding personal data protection and specifically the data protection laws of the country where the device was rented.
Unless otherwise provided in this Privacy Policy, the Company and the Partner will not disclose or use the Users’ Personal Data without Users’ prior written approval.
1. Personal Data Collected
1.1 The Partner may collect personal data, including the User’s name and email address, which are necessary for the fulfilment of the contract between the Partner and the User.
1.2 The Company may collect technical system and application data from the Veezit Platform such as track of page views, search queries, entry and exit points, activities like, geographic location (such as the ID of the area where the Veezit Device is or was located) and can also place and analyse data stored in cookies on the Veezit Plataform Internet Browser.
2.Purposes of the Use of Data
2.1 The Company may use the technical system and application data to:
(a) Send the User during the Contract Period information about products and services that may be of its interest;
(b) Produce, during the Contract Period, aggregate statistical data for business efficiency analyses and improvement of the services and contents of the Veezit Device.
3. Location Data
The Veezit Device’s GPS function is switched on by default. If the User performs a search or uses navigation software or another location based application the Company may collect information about the Veezit Device’s location to provide the User with helpful information based on that same location. By allowing the Veezit Device to communicate its location, the Company may collect that data during particular time periods of the day to provide the User with location-based information such as addresses of and directions to nearby tourist attractions, shops and/or restaurants. The collection of data regarding the location of the Veezit Device may also be used for the purpose locating the Device in case of its theft or loss.
4. Third Party Websites
Through the Veezit Platform the User can choose to access websites from third parties external to the Company. When the User does so, the User is sharing information with those Websites and the information the User shares will be governed by their privacy policies. The User can modify the User’s privacy settings with those third parties directly. The Company and the Partner do not control the privacy policies of such third parties and do not assume any responsibility or liability for the actions of such third parties.
5. How the Company and the Partner Handle User’s Personal Data:
5.1 The Company and the Partner will not sell, rent, transfer or otherwise distribute any of the User’s Personal Data (including but not limited to the User’s name, telephone number, email address or any other identifiable information about the User) to any third party without the User’s prior expressed written consent.
5.2 Also all the system and application data collected from Veezit Plataform, as referred in section 1.2 will only be used in an aggregate form and will not contain any personally identifiable information. The Company will never share any of this data with any third party or use this information for any other purpose not described herein.
5.3 Notwithstanding anything to the contrary in this Privacy Policy, the Company and the Partner may access, preserve and disclose any information, the Company have access to, if it necessary to satisfy any applicable law, regulation, legal process or enforceable governmental request.
6. Security of Personal Data
The Company follows a broad set of rules and practices to safeguard the User’s personal data against any unauthorized access, intrusion, use, disclosure, damage or loss. All the information shared during the Contract Period of the Veezit Device is stored and safeguarded on secure servers locate in Portugal and other countries, accordingly with the guidelines, acts or laws concerning personal data protection of the country where the device was rented. If the Company transfers or stores any data or information outside Portugal, it will take measures to maintain the safety and protection of the User’s privacy.