Clause 5 – Accuracy, completeness, and timeliness of information
We are not responsible if the information made available on this site is not accurate, complete, or up to date. The information presented on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, and current primary information sources. Any reliance on the information presented on this site is at your own risk.
This site may contain certain historical information. The historical information is necessarily not current and is provided for your reference only. We reserve the right to change the contents of this site at any time but are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Clause 6 – Optional tools
We may grant you access to third-party tools that we do not monitor and over which we have no control or involvement.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without warranties, representations, or conditions of any kind and without our endorsement. We shall not be liable for any problems arising out of or in connection with your use of third-party optional tools.
Your use of optional tools provided on the Site is entirely at your own risk and you should ensure that you are familiar with and approve the terms to which such tools are subject to provided by the relevant third-party distributor(s).
In addition, in the future, we may offer new services and/or functionalities on our website (including the launch of new tools and new features). Such new services and/or functionalities are also subject to the present terms of service.
Clause 7 – Third-Party Links
Some content, products, and services made available through our service may include materials from third parties.
Third-party links on this site may direct you to third-party sites that are not affiliated with us. We are under no obligation to screen or evaluate their content or accuracy and we do not warrant or take responsibility for third-party materials or sites or other third-party materials, products, or services.
Please read the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. We are not responsible for damages related to the purchase or use of goods, services, resources, content, or other transactions conducted in connection with third-party sites. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party entity.
Clause 8 – Errors, inaccuracies, and omissions
Occasionally, there may be information on our website or the service that contains typographical errors, inaccuracies, or omissions relating to descriptions of our services. We reserve the right at any time and without notice to correct errors, inaccuracies, or omissions and change or update information, and to cancel services if the information on the service or related sites is erroneous.
We have no obligation to update, correct or clarify information on the service or related sites, including pricing information, except as required by law. No specific date or update date applied to the service or any site shall be construed as a modification or update of all information on the service or related sites.
Clause 9 – Comments, feedback, and other text submitted by the User
If at our request, you submit certain specific text (e.g. competition responses) or, without our request, send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively “Feedback”), you agree that we may at any time and without restriction edit, copy, publish, distribute, translate or otherwise use in any way any of your feedback that you send to us. We are under no obligation to (1) keep comments confidential; (2) pay a reward for any comments; or (3) respond to any comments.
We may, but are under no obligation to, monitor, edit or remove content that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or which violates any party’s intellectual property or these terms of service.
You agree not to make comments that violate the rights of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. Furthermore, the user agrees not to make comments that contain libelous or otherwise unlawful, abusive, or obscene material or that contain computer viruses or other malware that may in any way affect the operation of the Service or any related site. You may not use a false e-mail address, impersonate another person, or otherwise mislead us or third-parties as to the origin of comments. You are solely responsible for any comments you make, and for their accuracy. We are not responsible or liable for comments posted by you or any third party.
Clause 10 – Personal information
Clause 11 – Prohibited Uses
In addition to other prohibitions set forth in the terms of service, the user is prohibited from using the site or its contents (a) for unlawful purposes; (b) to solicit third parties to perform or participate in unlawful acts; (c) to violate international, federal, state or local regulations, standards, laws or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to disrupt, abuse, insult, harm, defame, abuse, disparage, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information (g) to upload or transmit viruses or other malicious code that is or may be used in a manner that affects the functionality or operation of the service or any related sites, other sites or the internet; (h) to collect or monitor the personal data of others; (i) for purposes of spamming, phishing, pharm, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the service or related sites, other sites or the internet. We reserve the right to terminate your use of the service or related sites for violation of the prohibited uses.
Clause 12 – Disclaimer of warranties; Disclaimer of liability
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable. We do not guarantee, represent or warrant that use of our service will be uninterrupted, timely, secure, or error-free.
You agree that we may periodically renew the service for indefinite periods of time or cancel the service at any time without notice to you.
You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and services provided to you through this service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, whether express or implied, including all implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Wise Pirates, its officers, directors, employees, affiliates, representatives, contractors, interns, suppliers, service providers, or licensors be liable for direct, indirect, incidental, punitive, special or consequential injuries, losses, claims, or damages of any kind, including lost revenue, lost savings, lost data, replacement costs or similar damages, whether based on contract, willful misconduct (including negligence), strict liability or otherwise arising out of your use of the service or any products purchased through the service, or any claim relating in any way to your use of the service or any products, including, without limitation, errors or omissions in content or loss or damage of any kind incurred as a result of your use of the service or content (or products) published, transmitted or otherwise made available through this service, even if properly notified of this possibility. In some states or jurisdictions, our liability is limited to the parameters of the law, as some states or jurisdictions do not allow the exclusion or exclusion of liability for consequential or incidental damages.
Clause 13 – Indemnification
You agree to indemnify, defend and hold harmless Wise Pirates and our parent, subsidiaries, affiliates, partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms of service or the documents to which they relate, or your violation of any law or the rights of a third party.
Clause 14 – Severability
Should any of the provisions of the present terms of service be determined to be illegal, void, or unenforceable, such provision shall be exercised to the maximum extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from the present terms of service, such determination not affecting the validity and enforceability of the remaining provisions.
Clause 15 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the present agreement for all purposes.
The present terms of service shall have effect unless and until terminated by you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services or by ceasing to use our site.
If in our discretion, you are in breach, or we suspect that you are in breach, of any term or provision of these terms of service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due to us up to and including the date of termination; and/or, accordingly, we may deny you access to our services (or any part thereof).
Clause 16 – Complete Agreement
Our failure to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.
These terms of service and any policies or operating rules published by us on this site or in connection with the Service constitute the entire agreement between you and us. They govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, prior versions of the terms of service).
Any ambiguities in the interpretation of these terms of service should be understood in consultation with the party that drafted them.
Clause 17 – Applicable law
The present terms of service and any individual agreements where we provide services to you are governed by and construed in accordance with the laws of Portugal.
Clause 18 – Changes to the terms of service
You can check the most current version of the terms of service on this page at any time.
We reserve the right, at our own discretion, to update, alter or replace any part of the terms of service by posting updates and/or changes to our site. It is your responsibility to check our site periodically for any changes. Your continued use of or access to our Site following the posting of changes to these terms of service constitutes acceptance of those changes.
Clause 19 – Privacy
To browse the Wise Pirates site, no personal data is requested from the user.
However, if you request any information about our activity, products, or services by filling in the forms, you will provide a name and email address, among other data.
These data have the sole purpose of responding to the information requested and will not be made available to third parties.
Wise Pirates undertakes to adopt the necessary security measures to ensure the safeguarding of user data against possible misuse or unauthorized access, to comply with the legislation in force in terms of data protection, and not to transfer this information to third parties in any form or condition.
Clause 20 – Contact information
Please send any questions regarding the terms of service to email@example.com.
Alternative resolution of consumer disputes
Law 144/2015 of 8 September 2015 transposed Directive 2013/EU of the European Parliament and of the Council of 21 May 2013 on the alternative resolution of consumer disputes.
This law establishes the legal framework for alternative dispute resolution mechanisms for consumer disputes, creating in Portugal the consumer arbitration network.
1. What are consumer disputes?
They are disputes initiated by a consumer against a supplier of goods or provider of services, concerning contractual obligations arising from sale/purchase contracts or provision of services, concluded between a supplier of goods or provider of services established and consumers residing in Portugal and in the European Union (Article 2(1) of Law No. 144/2015.
2. What is ADR?
ADR is a mechanism available to consumers and businesses to try to resolve consumer disputes out of court, in a quicker and less expensive way. ADR includes mediation, conciliation, and arbitration. The ADR process begins with an attempt to reach an agreement through mediation or conciliation. However, if no agreement is reached, the parties may still resort to an arbitration tribunal, through a simple and fast process.
3. What are ADR entities?
They are independent entities with specialized staff who, in an impartial manner, help the consumer and the business to reach an amicable solution. These entities are authorized to carry out mediation, conciliation, and arbitration of consumer disputes. These entities must be registered on the list provided for in article 17 of law no. 144/2015.
4. Who is responsible for managing the list of ADR entities?
The Directorate-General for Consumers is the competent national authority to organize the registration and dissemination of the list of ADR entities (see Annex i).
5. How many ADR entities are there in Portugal?
In Portugal, there are ten centers of arbitration of consumer disputes. Seven of them have generic competence and are regional in scope, being located in Lisbon, Oporto, Coimbra, Guimarães, Braga/Viana do Castelo, Algarve, and Madeira. There is also a center with a national-territorial scope (supplementary), the CNIACC – National Center for Information and Arbitration of Consumer Disputes. There are also two specific competence centers specialized in the automobile and insurance sectors.
6. How does a business know which ADR entity to indicate to its consumers?
The place of conclusion of the contract of sale of goods or provision of services, which as a rule coincides with the place of establishment, determines the competent arbitration center.
– a company that has only one or more business establishments in a given county, should only indicate the ADR entity that has jurisdiction to settle disputes in that county.
– a company that carries out its activity throughout the national territory should indicate all the competent entities.
– a vehicle repair shop, an insurance company, or a travel agency, should indicate the specialized entities for these sectors.
7. Who is obliged to inform consumers about ADR entities?
All providers of goods and services, including those who only sell products or provide services over the Internet, have to inform consumers about the ADR entities that are available or that they have subscribed to voluntarily or are legally bound to. Only providers of services of general interest without an economic consideration, such as social services provided by or on behalf of the state, health services, and public supplementary or higher education services, are excluded.
The obligations arising from law no. 144/2015 apply, with the necessary adaptations, to all economic sectors not excluded by the said law, including those in which there is already specific legislation providing for the identical obligation.
8. Is there any obligation to join an ADR entity?
The present law does not impose the adherence to any ADR entity, establishing only duty of information on the existing entities. However, there is the case of arbitration required for essential public services, such as electricity, gas, water and waste, electronic communications, and postal services.
9. How should companies provide this information?
This information must be provided in a clear, understandable, and appropriate manner to the type of good and service that is sold or provided (Article 18(2) of Law No. 144/2015). Thus:
– on the website of the goods suppliers or service providers, if any.
– In sales or service contracts between the supplier of goods or service provider and the consumer, when these are in written form or constitute contracts of adherence.
– were not evidenced in writing, the information shall be provided in another durable medium, in particular on a notice displayed on the wall or notice displayed at the point of sale or on the invoice delivered to the consumer.
10. Does the law foresee any standardized model of information to be provided to consumers?
No. However, a proposal for the design of a sign is attached (Annex ii).
11. Who is responsible for monitoring compliance with the obligation to provide information to consumers?
It is the responsibility of the food and economic safety authority and the sector regulators in their respective areas to monitor compliance with these duties, to initiate the respective administrative infraction proceedings, and to decide on these proceedings, including the application of fines and accessory sanctions if necessary.
12. What are the consequences of non-compliance with the duty to provide information to consumers?
Non-compliance with the duty to inform suppliers of goods or service providers constitutes an administrative offense, punishable with
– a fine of between €500 and €5,000, when committed by a natural person.
– a fine of between €5000 and €25,000, when committed by a legal person.
13. When does this new regime apply?
Law 144/2015 of 8 September came into force on 23 September 2015, and suppliers of goods or service providers had 6 months from that date to adapt to this new regime. Thus, since 23 March 2016 companies must have this information available to their consumers.
Please note: informing consumers about the ADR entities available does not exempt suppliers of goods and service providers from providing consumers with the complaints book, which is mandatory under Decree-Law 156/2005, of 15 September.
PERSONAL DATA PROTECTION POLICY
As of May 25, 2018, the General Regulation on the Protection of Personal Data – Regulation No. 2016/679 of the European Parliament and of the Council of 27 April 2016, which sets out the rules on the protection, processing, and free movement of personal data of natural persons and applies directly to all entities processing such data in any member state of the European Union, including Portugal, will become applicable.
It is the most important regulatory measure for the protection of privacy through the protection of personal data and applies to all EU residents regardless of nationality, placing the individual (the person) and his/her right to privacy at the center of data protection.
Concerns over personal data privacy and information security are not new issues for Wise Pirates. In fact, over the past few years we have made a solid effort to strengthen internal procedures and information systems security, with special care for the personal data of customers, employees, trainers, and others.
Therefore, in order to give continuity to internal procedures and strict compliance with the new Regulation, Wise Pirates hereby informs you of the new rules applicable to the treatment of your personal data, the rights to which you are entitled, as well as inform you on how you can manage, directly and in a simple manner, the respective consents.
Wise Pirates is the entity responsible for the treatment of your personal data and for ensuring the protection of your privacy, acting in accordance with the law and the new Regulation, and determining the means of treatment and the purposes.
The personal data in our possession have been collected throughout contractual relations, professional interactions, and training course disclosures, in a long-standing relationship of trust established with Wise Pirates, and are processed with full respect and loyalty in compliance with the legislation in force, whether automated or non-automated data.
The data will be treated within the scope of the contractual purpose, for compliance with legal requirements and for marketing purposes (related to our area of activity – disclosure of offers and discounts, with the objective of making you aware of our courses, seminars, congresses, news and opportunities from which you may benefit).
We also inform you that Wise Pirates will keep your personal data for the period necessary for the respective purposes.
In the course of our activities, personal data may be communicated to other entities, public or private, always in strict compliance with legal requirements.
If you wish to keep the data and information that Wise Pirates has recorded, you do not have to do anything.
However, we want you to know that at any time you have the right to access your personal data and, within the limits of the contract and the Regulation, to change it, oppose its processing, decide on automated or non-automated processing, withdraw consent and exercise the rights provided for by law. Provided that it is not in strict contradiction with legal obligations.
For our part, we ensure that your data is processed lawfully, fairly, and transparently. And that we have regularly taken measures and procedures so that they are inviolable. But, for your security, you will be notified in case of any violation of your data.
We attach great importance to the protection and confidentiality of your personal data. Therefore, we have adopted the measures we consider appropriate to ensure the accuracy, integrity, and confidentiality of your personal data, as well as all the other rights you are entitled to.
For any request or clarification, you can contact us:
Wise Pirates, Lda
Address: Rua da Ermida, 64, 4465-126 São Mamede de Infesta