Terms and conditions

With a view to complying with the provisions of Decree-Law no. 7/2004 of 7 January, concerning information society services, in particular electronic commerce (hereinafter referred to in abbreviated form as “DL 7/2004”), we set out below the general information regarding our portal www.lookinclub.pt (hereinafter referred to in abbreviated form as the “Portal”).

The Portal is owned and managed by the company XX, NIPC XX, with its registered office at XX, in XX, registered with the Commercial Registry Office of XX (hereinafter referred to as the “Company”).

The Society’s contact details are as follows: XX@ XX.

1. GENERAL TERMS AND CONDITIONS

1. The use of the services accessible through the Portal is subject to these Terms and Conditions, which govern the use of the services that the Company makes available to the Users of the Portal (as defined in the following section).

1. The use of the services and access to the Portal confer the status of user – meaning any natural or legal person who accesses and browses the Portal (hereinafter referred to as the "User") – and entails full and unreserved acceptance of each and every provision set out in these Terms and Conditions and in other Portal policies, in the latest version published by the Company at the time they are accessed by the User, which may be amended by the Company at any time. Access to the Portal likewise implies that the User accepts that these provisions apply to all subsequent accesses to the Portal and that such subsequent accesses are subject to the disclaimers, risk notices and other information included therein.

1. The information contained on the Portal relates to the services offered by the Company in accordance with the regulations in force in Portugal, is provided for information purposes only and in no way creates obligations for the Users.

1. These Terms and Conditions govern Users’ access to and use of the Portal and are supplemented by any other legal texts that regulate any functionality, service, process, application, platform or means required for the use of the Portal or of the services described therein.

1. Users are therefore advised to read these Terms and Conditions carefully, as well as the other policies of the Portal, before using it.
2. The User shall be liable to the Company or to third parties for any damages that may be caused as a result of failing to comply with the obligations set out in these Terms and Conditions and in the other policies of the Portal.

1. THE PORTAL

The Portal operates as a digital platform with voluntary membership and paid subscription, through which its Users can become members and gain access to exclusive benefits, discounts and advantages (hereinafter referred to as "Members") with partner entities that provide services in the fields of aesthetics, surgery, wellbeing and health (hereinafter referred to as "Partners"). The Portal may also sell products related to these fields through e-commerce.

1. MEMBER REGISTRATION AND ENROLMENT

1. Access to services and benefits as a Member is subject to prior registration on the Portal and acceptance of these Terms and Conditions, as well as payment of the corresponding subscription.

1. The Member who has registered on the Portal guarantees (i) the truthfulness and completeness of the information submitted at the time of registration (or thereafter), being solely responsible for any false or inaccurate statements and for any damage that may thereby be caused to the Company or third parties, and (ii) that such information will be kept up to date at all times.

1. Failure to comply with the previous point may lead to the suspension or cancellation of the Member’s account.

1. The subscription is automatically renewable for equal periods, unless the Member expressly states otherwise, sent up to 5 business days before the end of the current subscription term.

1. The Company reserves the right to cancel registrations (i) that remain inactive for a reasonable period of time, and (ii) as a result of misuse of the services provided, forums and comments, and the Member accepts and acknowledges this in both of the aforementioned situations.

1. USERS AND MEMBERS

1. The User undertakes to use the Portal in accordance with the applicable laws, with these Terms and Conditions and with the other policies of the Portal, and agrees to make appropriate use of the content and services that the Company makes available on its Portal and not to use them to carry out illegal activities or activities contrary to good faith and the applicable legal provisions, namely to disseminate content or propaganda that (i) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, terrorism, hatred, violations of human rights, harassment or harm against any individual or group; (iii) is violent or threatening, or promotes violence or threatening actions in relation to any person; (iv) promotes illegal activities; and (vi) violates these Terms and Conditions or any other policy of the Portal.

1. The User also undertakes not to carry out any action intended to, or that could, cause damage to, affect or compromise the physical or digital systems of the Company, its suppliers, Partners or third parties, nor to introduce or spread viruses or any element (namely malware) that may be liable to cause the aforementioned damage.

1. The Company does not guarantee that Users will use the Portal’s services in accordance with these Terms and Conditions and other Portal policies, nor that they will do so diligently. The Company is under no obligation to verify the identity of Users, nor the truthfulness, validity, completeness or authenticity of the data that Users provide about themselves to other Users, Partners or to the Company.

1. The Member undertakes to use their password and username correctly and is responsible for (i) maintaining the confidentiality and security of their account credentials, and may not disclose them to third parties, and (ii) all actions carried out using their password and username. The Member must immediately notify the Company if they become aware of or have grounds to suspect the theft or misuse of their credentials, or that these have in any way been compromised, or in the event of any unauthorised, actual or suspected use of their account.

1. The unlawful use of the Portal or its contents will render the User liable under civil law and possibly criminal law. Accordingly, the Company will act as appropriate in response to any failure by the User to comply with the conditions described above and any improper use of the content made available on the Portal.

1. PARTNERS, SERVICES AND RESPONSIBILITY

1. Partners are external entities that provide services or supply products on promotional terms to Members.
2. The Company acts as an intermediary and is not a party to the legal relationships between the Member and the Partners, and accepts no liability for any breaches, delays, damage or defects related to the services provided by the Partners. The agreements with the Partners are dynamic and may be amended, suspended or revoked at any time. Whenever possible, timely communication to Members will be ensured.
3. E-COMMERCE

1. The Portal may make products available for direct sale to the User. These products will be clearly identified with their respective characteristics, price, delivery conditions and returns policy.
2. The Company ensures compliance with the provisions of Decree-Law No. 24/2014 of 14 February, regarding contracts concluded at a distance and outside commercial premises.
3. PRICES, BILLING AND PAYMENTS

1. The prices shown on the Portal include VAT at the applicable legal rate, unless expressly stated otherwise.

1. Invoicing will be issued electronically, in accordance with the legal requirements in force.

1. Payments are made by secure electronic means, through entities certified for this purpose. The Company does not retain Users’ bank details or credit card information.

1. Non-payment of the subscription by the Member, or any failure in collecting it, will result in the automatic suspension of access to the Portal’s benefits.

1. CANCELLATIONS, TERMINATION AND REFUNDS
   1. The Member may cancel their subscription at any time by sending an explicit notice at least 5 working days before the end of the current subscription term, retaining access rights until the end of the paid subscription period.

1. Termination of the subscription contract must be communicated in writing and may be sent by email with proof of receipt.

1. Refunds will only be processed in cases where there is a billing error or a failure by the company to provide the contracted services.

1. Personal details

The collection, storage and processing of personal data are carried out in accordance with Regulation (EU) 2016/679 (GDPR) and Law No. 58/2019 of 8 August, as further described in our Privacy Policy.

1. INTELLECTUAL PROPERTY

1. All content made available on the portal, including texts, images, videos, logos, graphic design, code and software, is protected by Copyright and Related Rights, Industrial Property Rights or other Intellectual Property Rights, belonging to the Company or to third parties duly authorised.

1. The User acknowledges and accepts that their use of the Portal does not entail the transfer of any intellectual or industrial property rights, such as Copyright and Related Rights, trademarks, domain names, designs, patents, utility models, know-how or other rights over the Portal, nor does it constitute any authorisation for the creation of content or developments derived from the Portal, except for the limited, non-exclusive, non-transferable and royalty-free licence of use granted to Users in accordance with these Terms and Conditions.

1. RESPONSIBILITY AND LIMITATIONS

1. The Company makes every effort to ensure the accessibility, functionality and security of the Portal, but cannot guarantee the absence of technical failures, interruptions or third-party errors, nor the availability and continuity of the operation of the services, and may, at any time, temporarily or permanently, suspend any service for as long as it deems necessary, for any technical, administrative, force majeure or other reasons.

1. The Company provides access to all kinds of information, services or data that may belong to third parties (namely Partners). The Company does not control or manage the information, products or services contained in content provided by third parties (namely Partners) on the Portal or in links to other websites on the Internet, and cannot be held liable for errors of any kind or inaccurate data on those sites and/or in that content, including their privacy policies and practices. The inclusion of content provided by third parties and of links on the Portal does not imply acceptance of the content contained therein or any association with their owners.

1. The Company shall not be liable for the content referred to in the previous point or for any claims that may arise from the quality, reliability, accuracy or correctness of such content, nor shall it in any case guarantee the technical availability, quality, reliability, accuracy, scope, truthfulness, validity and legality of any material or information contained on those websites, in their links or in other locations on the Internet.

1. The Company shall likewise not be liable for any indirect damages, loss of profits, loss of data or loss of revenue arising from the use of the Portal or from the temporary unavailability of its services.

1. The Company does not guarantee that the Portal, its server or any communications it may send to its Users following a request for that purpose (newsletters), are free from viruses, and it is not liable for any possible damage that may arise as a result of: (i) interference, omissions, interruptions, suspensions, viruses, malfunctions in the devices used (by Users or others) to access the Portal, or disconnections in the operational functioning of the respective electronic system, caused by reasons beyond the Company’s control; (ii) delays or blockages in the use of this electronic system caused by faults in telephone lines or overloads in the Internet system or other electronic systems; (iii) damage that may be caused by third parties through unauthorised access or interference (namely through the use of malicious systems) beyond the Company’s control; or (iv) security or browsing failures caused by browser malfunction.

1. The Company may make it possible to include advertising on the Portal. For this purpose, the Company will provide advertisers and sponsors with mere advertising support, without exercising any kind of prior control over the advertising that is carried through the Portal, and therefore rejects any liability for any error, inaccuracy or legal non‑compliance that the advertising or sponsorship material may contain. The User’s relationship with third parties through the Portal’s services and any terms, conditions and guarantees relating to those third parties, namely sponsors or advertisers, are the sole responsibility of the User and the respective third parties.

1. Without prejudice to the above regarding the use of personal data, the Company warns that there are risks associated with the use of the Internet, and it is possible that Users’ personal data may be intercepted and/or transferred by third parties, without any liability on the part of the Company.

1. AMENDMENTS TO THE TERMS AND CONDITIONS

1. The Company reserves the right to unilaterally amend these Terms and Conditions whenever necessary to reflect legal, technical or commercial changes.

1. The changes will take effect after they are published on the Portal. Continued use of the Portal after the changes constitutes implicit acceptance of them.

1. APPLICABLE LAW AND JURISDICTION

1. These Terms and Conditions are governed by Portuguese law.

1. For the resolution of any disputes arising from the interpretation or application of these Terms and Conditions, the Court of the District of Lisbon shall have jurisdiction, with the express waiver of any other.

1. In the event of a consumer dispute, the consumer may turn to an alternative dispute resolution (ADR) body included in the list available on the Directorate-General for the Consumer’s Portal: https://www.consumidor.gov.pt/.

1. GENERAL PROVISIONS

1. These Terms and Conditions, together with the other policies of the Portal, constitute the entire Agreement between the User and the Company and between the Member and the Company (where applicable) in respect of its subject matter, replacing any and all prior verbal or written understandings or agreements that may exist between the Company and the User and/or the Member.

1. These Terms and Conditions are not intended to and do not confer any rights or remedies on any person other than the parties.

1. If any provision in these Terms and Conditions or in the other policies of the Portal is considered invalid or unenforceable, that provision will be removed and will not affect the validity and enforceability of the remaining provisions.

1. The failure by the Company to exercise or enforce any right or provision set out in these Terms and Conditions or in the other policies of the Portal shall not constitute a waiver of such right or provision, unless such waiver is acknowledged and accepted in writing by the Company.

1. Unless expressly provided otherwise in these Terms and Conditions, the exercise by either party of any of its remedies provided for in these Terms and Conditions shall not prejudice its ability to resort to any other remedies provided for in these Terms and Conditions or otherwise permitted by law.

1. The Company may, without any restriction, assign, transfer or delegate its contractual position under this Agreement, as well as any rights and obligations set out herein, at its sole discretion, by giving 30 days’ prior notice.