APPLICABLE LAW AND JURISDICTION
1. These Terms shall be interpreted in accordance with Portuguese law, without prejudice to conflict-of-law provisions. Judicial proceedings (other than small claims actions) must be filed in the Lisbon district court. If you are acting as Client, you agree to submit to the law and jurisdiction of the Portuguese and Lisbon courts. If you are acting as a Partner, you agree to submit to the exclusive jurisdiction of the courts of the Lisbon region.
2. The new EU General Data Protection Regulation (GDPR) entered into force on 25 May 2018. The GDPR replaces the Data Protection Directive 95/46 / EC and is designed to harmonize data privacy laws in the whole of Europe;
3. Due to this new regulation, the signatories agree that they can continue to be contacted directly and that both future Clients and Partners will need to be notified of the personal data that the partnership will retain, through the proper form or electronically, providing that they are European Union residents.
ARBITRATION FOR DISPUT RESOLUTION
1. Pursuant to Law 144/2015 of September 8, it is advised that in the event of a dispute, it may appeal to one of the following Alternative Dispute Resolution Entities. The following list includes the Consumer Conflict Arbitration Centers registered as RAL entities:
Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (CNIACC)
Centro de Arbitragem de Conflitos de Consumo de Lisboa
Centro de Arbitragem da Universidade Autónoma de Lisboa
For more updated and detailed information, consult the Consumer Portal: www.consumidor.pt.
2. Summary of the Dispute Resolution Process. SixEmotions is committed to participating in a dispute resolution process. Therefore, these Terms provide for a two-stage process, so that the persons to whom the provisions of this section (16.3) apply to an informal negotiation directly with SixEmotions Client Support Team and by final appeal (16.4) a binding arbitration conducted by one of the Alternative Dispute Resolution Entities in the Lisbon metropolitan area.
3. Pre-Arbitral Dispute Resolution and Notification. Before commencing an arbitration, each party agrees to notify the other party to the dispute and attempt to negotiate an informal settlement first. We will contact you through the email address you provided. You can contact the SixEmotions Client support team by sending us an e-mail. If, after efforts to negotiate in good faith, one party considers that the dispute was not and can not be resolved informally, the party intending to proceed to arbitration agrees to notify the other party by e- mail, before starting the respective process.
4. Arbitration Agreement. Both parties mutually agree that in any dispute that is not resolved by attempts at "Pre-Arbitral Resolution", both parties agree that it should be the arbitrator to decide the matter.
5. If your Home Country is part of the EU, you can access the European Commission's online dispute resolution platform here: http://ec.europa.eu/consumers/odr. It should be noted that SixEmotions has made no commitment or obligation to use an alternative dispute resolution entity to resolve disputes with consumers other than Portuguese laws and courts in the Lisbon region.
6. Exceptions to the Arbitration Agreement. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be dealt with in a court of competent jurisdiction: (i) Any claim for compensation in connection with an actual or potential infringement, improper or infringement of the copyright, trademarks, trade secrets, patents or other intellectual property rights of one of the parties; (ii) Any request for an urgent injunction, based on pressing circumstances (eg, imminent danger or practice of a crime, piracy, cyber attack).
CONFIDENTIALITY AND NON-SOLICITATION
1. The Partner shall not disclose, either before or during the course of this Agreement with SixEmotions, (i) any information related to SixEmotions or MassTechlace Financial, plans, schedules, potential Clients, financial transactions or other negotiations with any Company or Persons whose information has been derived from SixEmotions or MassTechlace Financial, Subsidiaries, Associate Partners, Client, or (ii) any Confidential Information of which you have become aware. This clause will survive the termination or expiration of this Agreement;
2. The Partner agrees that it will not approach or attempt to remove any Client from SixEmotions, either on its own behalf or on behalf of any other Person or Company;
3. The Partner agrees that it will not approach or attempt to remove Employees, Employees, Associates or Partners from SixEmotions or Subsidiaries, either on its own behalf or on behalf of any other Person or Company;
4. The Partner may not trespass, sell, rent or assign the benefit of this Agreement;
5. The Partner agrees not to work with any former employee or former director of SixEmotions or MassTechlace.
TERM, TERMINATION AND SUSPENSION
1. This Agreement shall enter into force for a period of 30 days, at the end of which it shall be automatically and continuously renewed for subsequent periods of 30 days, until terminated by the Member or SixEmotions in accordance with the provisions of this provision.
2. The Member may terminate this Agreement at any time by sending us an e-mail. If you cancel your SixEmotions Partner Account as a Partner, all confirmed reservations will be automatically canceled and your Clients will be refunded in full. If you cancel your SixEmotions Platform Account as a Client, all confirmed reservations will be automatically canceled and any refund will depend on the terms of the applicable cancellation policy.
3. SixEmotions may terminate this Agreement for convenience at any time by notifying the Member thirty (30) days in advance by e-mail to your registered e-mail address on your Member profile.
4. SixEmotions may terminate this Agreement and / or terminate your access to the SixEmotions Platform with immediate effect without notice if: (i) you have substantially breached your obligations under these Terms; (ii) has violated the applicable laws, regulations or rights of third parties; or (iii) SixEmotions believes in good faith that such action is reasonably necessary to protect the safety of persons or the assets of SixEmotions, its Members or third parties (for example, in the case of fraudulent conduct of a Member).
5. In addition, SixEmotions may terminate this Agreement in any of the following circumstances: (i) to comply with applicable law or an order or requirement of a court, law enforcement or other administrative entity or governmental body; or (ii) you have violated these Terms, our Policies or Rules, applicable laws, regulations or rights of third parties; (iii) the user has provided incorrect, fraudulent, outdated or incomplete information during the registration in his SixEmotions Platform Account, the process of publishing an Announcement or subsequently; (iv) the Partner and / or its Employees do not meet, at any time, any applicable quality or eligibility criteria; (v) the Member has repeatedly received Weak Ratings or Comments or SixEmotions has in any way been aware of or received claims relating to the Member's improper performance or conduct; (vi) the Partner has repeatedly canceled reservation requests without a valid reason; or (vii) SixEmotions believes in good faith that such action is reasonably necessary to protect the safety or assets of SixEmotions, other Members or third parties, or to prevent fraud or other illegal activity.
Can SixEmotions then adopt any one, or several measures below:
• refuse to disclose, delete or postpone any Announcements, Classifications, Comments or other Member Content;
• cancel any pending or confirmed reservations;
• limit access to or use of the SixEmotions Platform;
• temporarily or permanently revokes any special status associated with the Member Account;
• temporarily suspend or, in the case of repeated infringements, permanently suspend the Member Account in question and Associate Members or Co Partners and suspend access to or use of the SixEmotions Platform.
In case of non-material breaches, and where applicable, the user will be notified of the measures that SixEmotions intends to adopt, being given an opportunity to solve the problem to the satisfaction of the parties.
6. If we take any of the measures described above: (i) we may reimburse your Clients in full for any and all confirmed reservations that have been canceled, regardless of pre-existing cancellation policies; and (ii) Partner will not be entitled to any compensation for pending or confirmed reservations that have been canceled.
7. Upon termination of this Agreement, you shall not have the right to recover your SixEmotions Account or any part of your Member Content. If your access to or use of the SixEmotions Platform is suspended or terminated, you may not register a new Member Account or access and use the SixEmotions Platform through another Member's Account.