Terms and Conditions of Service
Terms and Conditions
Article 1 - General scope and object of the agreement
The following terms and conditions (T&C) govern the relationship between you as a client and our company while interacting through our website https://skubday.com and on our application Skubday Guide Portugal.
Navigating and/or interacting on our website and/or application means that you expressly agree to these T&C without reserve or objection.
Our company has the right to modify or adapt these T&C at any time and without prior notice. These T&C are directly applicable as soon as they are published on our website and/or application and/or sent to you by any means.
Please read these Terms and Conditions carefully before using, interacting or accessing our website and/or application.
By agreeing to these T&C, you grant us that you have reached at least the legal majority in your country, state, or province of residence. If you are a minor, you grant us that you have all the rights and consent from your legal representatives to use our services. If you have not reached the legal majority, then you must not use our Services.
You are not entitled to use our services, website, and/or application for any illegal or unauthorized purposes.
You must not try to hack, alter the use or functions of our services, send viruses, or lead or try to lead any other kind of attack towards our services. You must not attempt to undermine our services' integrity either.
Article 2 - Content and Intellectual Property
The content provided in our Services might be accessible for free or not. Some content might be required to be logged in or to have a valid paid subscription (IAP, restricted content or sections).
If some content requires you to have an account or to be registered, please refer to Article 4 « Registration Process » to learn of to access our Services.
The contents of our Services are intended for personal, non-commercial use. All materials available on our Services are protected by copyrights and/or intellectual property rights.
In addition to that some content might be protected by some other rights such as trademarks, patents, trade secrets, database rights, sui generis rights, and other intellectual or proprietary rights.
The user of our Services is not allowed to reproduce, totally or partially, any content that is made available through our Services. The user will also not reproduce any of our logo, name, visual identity, or so on; he will also not try to reproduce, copy, or produce a mere copy of our Services.
The user will not modify, copy, paste, translate, sell, exploit, or transmit for free or any of the content, text, photo, pictures, drawing, audio content, podcast, or any content that is available on our Services.
Article 4 - Registration process
Our company might or might not require our client to first register to enable the client to access some part or the whole application.
Each registration is intended for one user only, and you are prohibited from sharing your credentials or your account with anyone.
We may cancel or suspend your access to our Services if you share your credentials.
Please notify us immediately at skubday@gmail.com if you think that your credentials are compromised.
Registration
If registration is required to access our application, then the client must first enroll by creating an account. To do so, the client must fill in the registry form available on our application. The client will choose a login and a password linked to a valid email address.
By doing so, the client agrees that he will keep his credentials confidential, secure at all times and that he will not communicate them to any third party.
Unlogged access can also be made to our application
The client must keep its credentials confidential at all times and must not share its credentials with anyone.
Our company will not be held liable or responsible for any unauthorized use, modification, or access to the client’s account, even if fraudulent access is made using the client’s account or banking details.
Signing in with third-party authentication, including but not limited to, « Sign-in with Apple », Facebook, and X (Twitter) authentication
These third-party services might be implemented within our application and/or website to help you sign in alongside creating an account directly on our Services.
You can either choose to register an account directly via the embedded registry form within our application and/or website, or you can use third-party authentication mechanisms.
These third-party providers are not linked with our company, and hence, you must check and read their privacy policies and other legally binding documents that govern their services.
By using third-party authentication mechanisms, you are allowing third-party applications and/or platforms to access some of your personal data, and the relationship between you and the platform is outside any kind of control of our company.
By using third-party authentication mechanisms, these platforms or applications might, depending on how you configured your account on their website, post, access, send messages, access, transfer personal data, or personal and use personal data according to their own privacy rules and terms and conditions. These are only examples of what a third-party platform can do when you have granted it access to your data.
If you are unsure about how your data is managed while using these authentication services, you must not use them, and you should use our embedded account registration.
Article 5 - Warranties
The content provided by our Services is provided to the user « as it is » and « as available »; we cannot guarantee that the content provided will be exact, true, or error-free. The user accesses our content at their own risk.
We will not be held responsible if any content on our Services is inaccurate or mistaken.
Article 6 - Content moderation (chat, comments, and others) and user-generated content
If our user uploads, posts, or submits any type of content on the Service, you represent to us that you have all the necessary legal rights to upload, post, or submit such content.
You shall not publish, distribute, or upload any content that is abusive, fake news, obscene, pornographic, or illegal.
In addition to that, you shall not try to impersonate anyone else or use a fake identity in order to use, access, or publish any content on our Services.
You shall not use our Services to transmit any kind of malware, viruses, crypto lockers, ransomware, or spyware.
Users will not threaten or verbally abuse other users, nor will they spam the Services. Users will use respectful language, they will not try to abuse or discriminate based on race, religion, nationality, sexual orientation or preference, age, disability, and so on. Hate speech is prohibited.
Our Company has the right to delete, modify, censor, or delete a client’s content or account if any of the rules above are violated. This will be done without any prior justification or notice. The client will not receive any compensation.
Article 7 - Liability
Our company will not be liable in case of network disruption, viruses, outside access, fraudulent use of payment methods, or any other kind or type of technical issue or fraudulent access.
Article 8 - Third-Party links and external links
Some of the content available on our website and/or application can include materials from third parties and outside sources. Third-party links on our websites and/or applications can direct you to outside of our control websites that are not affiliated with us. We are not responsible or liable for controlling or examining the content or accuracy of third-party websites or outside sources.
Hence, we are not liable or responsible for any damages or misuse while accessing third-party links or external links, or sources on our website and/or application.
Please read carefully our privacy policy regarding how to deal with third-party privacy policies, terms and conditions, and cookie policy.
Article 9 - Disclaimer of warranties
While using our website and/or application, you grant us that we will not be held liable or responsible if data on our services is not accurate, true, complete, or correct. The information and data given on our services are given as illustrative and informational only and must not be used for making decisions. Further advice and information must be sought before making any serious decision. You are using our services at your own risk.
Our company reserves the right to modify and/or delete any content on our services without prior notice, but our company has no obligation to update any content available on our services.
Also, our company does not guarantee that the use of our services will be error-free, timely, secure, or uninterrupted. The client agrees that we can remove services from time to time or add new ones without prior notice.
Our services are delivered and provided to clients « as is » and « as available » for use, without any warranties or conditions of any kind.
In no case are our company’s staff, employees, personnel, agents, interns, and so on, are not liable for any loss, claim, injury, any indirect or direct damage, incidental, punitive, or special damages of any kind or type. This includes loss of profits, lots of revenues, lots of data or savings, whether based on tort law, contract, liability, or otherwise.
Article 10 - Indemnification
You, as a client of our company, agree to indemnify, defend, and hold us harmless from any claim or demand, including attorney’s fees, made by any third party due to your breach of these T&C or any other document that is binding between you and our company.
Article 11 - Severability
If any part, article or document of these T&C or of any other binding document between you and our company is determined by a competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed to be severed from these T&C; such determination will not affect the validity and enforceability of any other remaining provisions.
Article 12 - Termination
All of the obligations and liabilities of the parties that occurred before the termination date shall survive the termination of this agreement.
These T&C are effective unless terminated either by our company or by the client.
The client can notify our company that he no longer wants to use our services, or he can simply stop using and/or accessing our services, websites, and/or applications.
Our company can terminate this agreement at its sole discretion at any time and without prior notice, the client will hence remain liable for any remaining amounts due to our company.
Article 13 - Governing Law and Venue
The present T&C are ruled by Portuguese law
Any issue arising from these T&C, regarding, but not limited to, their validity, interpretation, execution, consequences, and so on, will be pleaded in front of the relevant jurisdiction.
The relevant jurisdiction is the courts of Lisbon, Portugal.
Article 14 - Contact information
If you have any questions regarding these Terms and Conditions, you can contact us directly at skubday@gmail.com
