Terms and conditions
1. introduction
By using or visiting the website hosted at www.viseuryokan.com ("Site") or any of the information, data files, written text, graphics, links, audio files or other sounds, photographs, videos or other images (collectively, "Content"), resources and services, including newsletter (collectively, including Content, the "Services") made available through it, you are, as a user or visitor thereof ("User"), agreeing to and accepting (i) these Terms and Conditions ("Terms and Conditions") and (ii) the privacy and personal data protection policy available in the Privacy Policy.
The Site is owned by Ryokan Portugal, Lda, with registered offices at Rua Direita nº143 3500-117 Viseu, with tax identification number 514088001, hereinafter referred to as Viseu Ryokan.
Through the Site, Viseu Ryokan gives the User access to the Services. The Services, including updates, developments, new tools and/or new web properties, are subject to these Terms.
2. General obligations and responsibilities of the user
Viseu Ryokan reserves the right to change these Terms and Conditions at any time by simply posting the changes online on the Website, and it is the User's sole responsibility to check and comply with them at the time of each use. Use of the Website after the changes have been published constitutes acceptance of the updated wording of the Terms and Conditions. If you do not agree with the changes made or, in general, with the Terms and Conditions, you must immediately stop using the Site and the Services.
By accessing, using and downloading materials from the Site, the User agrees, on his/her own behalf and/or on behalf of the entity on whose behalf he/she is acting, to comply punctually with the provisions of these Terms and Conditions, guaranteeing that he/she has the power to act on behalf of the third party he/she represents, if this is the case.
It is expressly forbidden to access the Services by any means other than through the interface provided by Viseu Ryokan, as well as to access (or attempt to access) the Site and/or the Services through automated means (including the use of scripts or web crawlers).
The use of the Site for purposes other than those for which it is intended is expressly prohibited, including illegal purposes or any other that may be considered harmful to the image of Viseu Ryokan in the market. Usurpation, counterfeiting, exploitation of usurped or counterfeited content, illegitimate identification and unfair competition are criminal offences.
Users are also prohibited from creating or introducing into this Website any type of virus or programme that damages or contaminates it, or from advising third parties to do so.
User Account
In order to access certain Services and restricted areas of the Site, you may be asked to provide certain personal data (such as identification and contact details) as part of the registration process for creating a User account on the Site ("User Account"). You must provide a valid e-mail address that you have the right to legitimately access, as well as any other information necessary to complete the registration process. The information provided must be up-to-date, complete and accurate.
You are responsible for maintaining the confidentiality of your password. If you detect any unlawful use of your User Account, you must immediately notify Viseu Ryokan. However, you may be held liable by Viseu Ryokan or a third party for the unlawful use of your User Account or password.
The User account should only be used by a third party with the consent of the respective holder.
The User is exclusively responsible for any consequential damages or loss of profits caused by their unlawful behaviour when using the Website and the Services and for the Content they make available on the Website.
If Viseu Ryokan deactivates or otherwise removes access to your User Account, you understand and accept that you may be prevented from accessing certain restricted areas of the Site, your User Account details or any content therein.
3. Viseu Ryokan's rights and obligations
Viseu Ryokan reserves the right to (i) modify, add or remove portions of the Terms and Conditions at any time; (ii) modify or terminate the Services for any reason and without prior notice at any time; (iii) remove User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable or that violates third party intellectual property rights or the Terms and Conditions; (v) modify, replace, refuse access to the Site and Services, suspend or discontinue them, partially or totally. These alterations will take effect from the time they are placed on the Site or from the date any communications are sent.
Viseu Ryokan undertakes to provide technical support to the User with a User Account, which is only available via email.
4. Intellectual property and personality rights
Ownership
All information contained on the Site and in the Services and all data and information compiled by Viseu Ryokan or associated with it (such as data files, written text, Software, music, audio files or other sounds, photographs, videos or other images) to which you have access as part of the Services or through their use are considered content of Viseu Ryokan, or of a third party when duly identified. The User is not permitted to modify, rent, share, sell, distribute or create a derivative work based on said content (partially or totally), unless expressly authorised in writing to do so by Viseu Ryokan or by a third party that owns the respective intellectual property and personality rights.
The User recognises and agrees that Viseu Ryokan retains all intellectual property rights (whether such rights are registered or not and wherever in the world such rights may exist) relating to the Services. Viseu Ryokan retains all rights not expressly granted to the User in these Terms and Conditions.
The User further agrees not to remove, obscure or alter any intellectual property rights notices (including copyright and trade mark notices) that may be affixed to or contained in the Services.
Brands and the like
Unless expressly authorised by Viseu Ryokan to do so, nothing in the Terms and Conditions gives the User the right to use any of Viseu Ryokan's trademarks, service marks, logos, domain names and other distinctive brand features.
Software
Viseu Ryokan grants the User a personal, worldwide, free, non-transferable and non-exclusive licence to use the booking interface on the Site as part of the Services provided ("Software"). The sole purpose of this licence is to allow the use and enjoyment of the reservation service as provided on the Site, as permitted by the Terms and Conditions.
You may not (and may not permit any third party to) copy, modify, create a derivative work from, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless expressly permitted or provided for by applicable law or unless you have been specifically authorised in writing by Viseu Ryokan to do so. Unless Viseu Ryokan has specifically authorised You in writing to do so, You may not assign (or sublicense) Your rights to use the Software, grant a security interest in Your rights to use the Software, or otherwise transfer any part of Your rights to use the Software.
5. Exclusion of guarantees
To the extent permitted by applicable law, the services are provided "as is" and "as available" and Viseu Ryokan does not provide any type of guarantee regarding them. In particular, Viseu Ryokan does not warrant to you that (i) your use of the Services will meet your needs or expectations; (ii) your use of the Services will be uninterrupted, or timely, secure or error-free; (iii) any information obtained as a result of your use of the Services will be accurate or reliable; and (iv) defects, if any, in the operation or functionality of any software provided as part of the Services will be corrected.
No conditions, warranties or other terms (including any implied terms regarding satisfactory quality, fitness for purpose or conformity with description) apply to the services, except to the extent expressly set out in the Terms and Conditions.
The User's use of the Site, the Services, as well as any materials downloaded or otherwise obtained through the use of the Services, is at his/her sole risk, and he/she shall be exclusively liable for any consequential damages and loss of profits caused to the equipment on which he/she uses or visualises the Site, the Services and the materials available therein.
Nothing in the Terms and Conditions shall affect the rights provided by the applicable legislation to which the User is always entitled as a consumer, if in that capacity he/she intervenes and relates to Viseu Ryokan, and which, contractually, he/she cannot agree to alter or waive.
No recommendation or information, whether oral or written, from Viseu Ryokan shall be construed as constituting a guarantee of any kind, unless expressly provided for in the Terms and Conditions.
To facilitate user accessibility, Viseu Ryokan may include links to websites owned or operated by third parties. When using links to these third party sites, the User must review and accept the rules of that site before using it. The User must also accept that Viseu Ryokan does not control the content of that site and cannot assume any responsibility for the materials created or published by these third party sites. Furthermore, a link to a non-Viseu Ryokan site does not mean that Viseu Ryokan endorses the site or the products and services referenced therein.
6. Limitation of liability
To the extent permitted by applicable law, Viseu Ryokan assumes no liability to the User for any resulting damages:
a) any judgement by the user as to the completeness, accuracy or existence of any advertisement or any relationship or transaction entered into with any advertiser whose advertising is presented in the services or in the Viseu Ryokan newsletter;
b) of any changes that Viseu Ryokan may make to the services or any permanent or temporary cessation of the provision of the services (or any functionalities of the services);
c) the deletion, corruption or storage error of any content or other communications data maintained or transmitted by or through the use of the services;
d) direct or indirect violation of the Terms and Conditions;
e) failure to maintain the security and confidentiality of the password or user account details.
Viseu Ryokan's liability by way of compensation for any emergent damages and loss of profits related to the website and services, caused by Viseu Ryokan, its representatives or auxiliaries is limited to cases in which it acts with intent or serious fault. If you disagree, partially or totally, with the website or the services, or with the terms and conditions, you only have the right to stop using the website or the services, as applicable, and to demand the cancellation of your user account.
7. Privacy policy
The Privacy Policy is available at www.viseuryokan.pt.O document contains an explanation of the procedures adopted by Viseu Ryokan and third parties that provide services through the Site, in the context of the processing of personal data of its Users and the protection of their privacy, when using the Site and Services. You accept that Viseu Ryokan collects and processes your personal data under the terms of the Privacy Policy.
8. General provisions
Prevalence
In the event of a conflict between the Terms and Conditions and other specific provisions or specific terms and conditions existing on the Site relating to certain materials, the latter shall prevail.
Exercise of Rights
The non-exercise or non-immediate application of rights or provisions by Viseu Ryokan provided for in the Terms and Conditions shall not be construed as a waiver thereof.
Comprehensiveness
The Terms and Conditions constitute the entire agreement between the User and Viseu Ryokan regarding the use and consultation by the User of the Site and the Services, and regulate the use thereof (excluding any Services that may be provided by Viseu Ryokan under a separate written agreement), fully replacing any previous agreements entered into between the User and Viseu Ryokan regarding the Site and the Services.
Reduction
The invalidity of any provision of the Terms and Conditions, declared by a final judicial or arbitral judgement, does not determine the invalidity of the others, and Viseu Ryokan reserves the right, if necessary, to modify the Terms and Conditions accordingly in order to remedy the invalidity.
Notifications/Communications/Complaints
Any notifications and communications from Viseu Ryokan to the User under the Terms and Conditions should preferably be made to the email address or address provided by the User in their User Account, without prejudice to Viseu Ryokan being able to use other elements and forms of contact.
Any notifications, communications and complaints from the User should preferably be sent to geral@viseuryokan.com.
9. Applicable law and jurisdiction
The Terms and Conditions, as well as the User's relationship with Viseu Ryokan in accordance therewith, are governed by the applicable laws of the Republic of Portugal. The User and Viseu Ryokan agree to submit to the exclusive jurisdiction of the courts of the district of Guarda the resolution of any legal issues arising from the Terms and Conditions, without prejudice to the applicable mandatory legal rules. Notwithstanding the foregoing, Viseu Ryokan may apply precautionary measures (or equivalent types of urgent legal redress) in any jurisdiction.
