Terms & Conditions
In these Terms and Conditions of Use, the following terms shall have the following meanings, except where the context otherwise requires:
"Account" means an account created by a User on the Application as part of Registration.
"Application" Means Access Algarve mobile application.
"Company" Sand Challenge Lda, controlling company of Access Algarve voucher book and Application.
"Product and/or Services" means products or services both Sand Challenge and merchants may provide when a voucher is being redeem.
"Information" refers to personal information a user may provide to gain a profile or register with either our application or website.
"Merchant" refers to any entity whose products or Services can be purchased and/or redeemed (as the case may be) via the Mobile Application or through the voucher book.
"Redeem" means to redeem a Merchant’s products or services on these Terms and Conditions of Use.
"Redemption" means the act of redeeming such products or services.
"Register" means to create an Account on the Application and "Registration" means the act of creating such an Account.
"Services" means all the services provided by Sand Challenge Lda via the Mobile Application to Users, and Website to visitors or users.
"Users/User" means any who downloads or uses our application/website, including you and "User" means any one of them.
1. ACCEPTANCE OF TERMS
3. INTELLECTUAL PROPERTY
3.1 Our website and application and its entire contents which includes but is not limited features, functionality, Information, text, displays, images, video and audio, and the design, are owned by the company and its merchants and other affiliate licensors. This material is protected by patent, trademarks, copyright and other intellectual property laws.
4.1 Logos, products, services, design, names of slogans are trademarks of the company and its merchants and licensors. No user may use any of the above without written consent from either the company or its affiliates. Any names, design, images, slogans or logos on the website or application are the trademarks of their owners.
5. ACCESSING THE WEBSITE OR APPLICATION
5.1 The company has the sole discretion to takedown or change the website or application or any or all of its products, services, functionality and features. The company is not accountable if any or all of the application and website are not available at any time. From time to time we may restrict any and all access to our website and application to any and all users.
6. ACCOUNT SECURITY
6.2 When registering, signing up for a profile or account with a username and/or password you agree that this information is confidential and shall not be shared with any entity or person. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the company’s website or application using your user name, password or other security information.
6.3 The company is entitled to block, remove or disable any user at any time for any or no reason if in the company’s opinion the user has violated the right of this agreement.
7. PROHIBITED USES
7.1 Resell any products or service related to the company or reproduce any material the company sells or supplies.
7.2 Damage, disable, impair or interfere with any of the Company’s servers, services or products/offers (products it offers), or its website or application.
7.3 Introduce viruses, Trojan horses, logic bombs, or any other material that may affect the website or application.
7.4 Gain unlawful access to any products or services provided by either the website or application.
7.5 Log into a server or account you are not authorised to enter or use.
7.6 Be involved in illegal or fraudulent action with either the company its merchants, or any of its known affiliates.
7.7 Extract information from a hack on the website or application.
7.8 Use either product or services in a breach of these Terms and Conditions of use.
9. CHANGES TO WEBSITE AND APPLICATION
9.1 Updates to the website and application may happen from time to time, but its content is not necessarily complete or up-to- date. Any material or information on either the website or application may be out of date at any given time, and we are under no obligation to update such material.
10. YOU AND YOUR VISITS TO THE WEBSITE AND APPLICATION
10.1 Attempting to redeem vouchers outside the guidelines of this agreement or the Rules of Use may have their voucher book or app void at the Company’s Discretion.
11. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
12. LINKING TO THE WEBSITE
12.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
12.2 The company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company 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 use of, or reliance on any such content, goods or services available on or through any such websites or services.
13. DISCALIMER AND WARRANTIES
13.1 The company’s website and application, any and all information, uses, features, benefits and facilities they provide are on an "as is, as available" basis without any warranties whether expressed or implied.
13.2 To the fullest extent acceptable by applicable law, we disclaim all representations and warranties relating to the website and application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
13.3 We do not warrant that the website or application will always be accessible, secure, error free, or be free of computer virus or any other damaging code. Or any acts of God, shortage in raw materials, lack of telecommunications equipment or facilities, and failure of information technology or telecommunications equipment or facilities.
13.4 With reasonable effort made to include any and all information relevant to the website and application and keep it up-to- date, we make no warranties to the accuracy, timeliness or completeness of either the website or application.
13.5 The company will not be liable for any actions or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from, or in connection with the website or application and the services offered in the website or application, your access to, use of or inability to use the website or application or the services offered in the website or application, reliance on or downloading from the website or application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
13.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the website or application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
13.7 Any and all limitations and exclusions above apply to the extent permitted by law. No statutory rights you have as a consumer can be limited or excluded.
13.8 The company make every reasonable effort to provide safety and security to all electronic data. You acknowledge by agreeing to these terms that electronic data transfer is vulnerable to interception. We cannot, and do not, warrant that any electronic data transfer to or form our website or application will not be intercepted or read by others.
13.9 The company hereby disclaims all warranties of any kind, whether expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
14. LIMITATION AND LIABLITY
14.1To the fullest extent permitted by applicable law, in no event will the company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the application or the content and services for: (a) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages (b) direct damages in amounts that in the aggregate exceed the amount actually paid by you for the application. The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or the company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
15.1 You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement.
16. GOVERING LAW AND JURISDICTION
16.2 You accept and agree to submit to the jurisdiction of the courts of Portugal in respect of any dispute or difference arising out of and/or in connection with these terms and conditions or breath thereof.
17. ENTIRE AGGREMENT
18. LINKS FROM THE WEBSITE
18.1 Any and all third-party links on our website and application are strictly provided for the sole convenience of the user only. This includes any links found in or related to adverts, images or sponsored links. We have not control and accept no responsibility related to any loss or damage due to the content on these site or recourse. If you do access any link or third party websites or resources you do so at your own risk and are subject to terms and conditions related to such websites or resources.
19. LIMITATION ON TIME TO FILE CLAIMS
20. SUSPENSION AND TERMINATION
20.1 If you use (or anyone other than you, with your permission uses) the Application or any Services in contravention of these Terms and Conditions of Use, we may suspend or permanently remove your accounts on the Services.
20.3 At our sole discretion are allowed to suspend any user’s access and account to our website or application if we believe the user is or has been in violation of any of the following: Breach the terms and conditions of use, are suspected of misusing the services. A person that may have committed or be committing any fraud against us or any person.
20.3 We shall not be liable to you or to any other party for any damages, losses, cost or expenses howsoever caused by or arising out of such termination or suspension.
20.4 There will be no refund to any kind on termination and you agree to waive all rights to claim or request of such refund.
20.5 You may terminate this Agreement by uninstalling and deleting all data and Applications relation to the Company.
20.6 Your termination of this agreement does not release your liability or responsibility which may have occurred prior to termination of this agreement, including but not limited to your requirement to pay any outstanding charges.
21. WAIVER AND SERVERABILITY
22. ENTIRE AGREEMENT
23. GENERAL INFORMATION ABOUT THE PRODUCTS AND SERVICES
23.2 To use our Products and Services via Website or our mobile Application you will require internet connectivity and appropriate telecommunication links through Wi-Fi or data connection through you mobile service provider.
23.3 Your Terms and agreements with your mobile service provider will still continue to apply. As a result, you may be charged to access and use our Product and service through our website or application. You accept responsibility for any such charges that arise.
23.4 If you are not the bill payer for the mobile telephone or handheld device being used to access the website or application, you will be assumed to have received permission from the bill payer for using our website or application.
24. Merchant terms
25. Location alerts and notifications
25.1 Once downloaded you agree to receive notifications from the application and or website.
26. Content on the Mobile Application and Service
26.1 It is the responsibility of the User to make sure that the products and services you are redeeming meet their requirement. It is not the fault of the merchant for misunderstanding the voucher as it is stated.
27. CONCERNS AND FEEDBACK
27.1 This website and application is owned and operated by:
Sand Challenge Lda
Thank you for using our Application and Website