General Terms & Conditions

These Terms and Conditions govern the use of the www.lionesa.pt website (“Site”). When you access and use the Site, you are informed of and agree to these terms and conditions. If you do not agree with the Terms and Conditions, do not use the Site.

 

Scope

These Terms and Conditions shall apply to the relationships between Respalda – Engenharia e Administração Imobiliária, S.A., builder and owner of the www.lionesa.pt website and the Users of the Site and serve to provide general information about the Lionesa Business Centre and its operations.

 

Intellectual and Industrial Property Rights

Site Users acknowledge that all the content belongs to Respalda or its partners.

 

The content, texts, photos, drawings, images, logos, computer programmes, database and, in general, any intellectual creation on the Site, as well as the Site itself, as a multimedia project, are protected by copyright under the scope of legislation in force.

 

Commercial brands, logos and brands of services presented on the Site are the property of Respalda or of third parties. None of these may be used without prior written consent from Respalda or the third parties that may hold the rights to them.

 

Data protection.

Please see our privacy policy at Privacy policy.

 

Accountability

Respalda cannot be held responsible for any technical failures or anomalies in telephone networks or lines, online computer systems, servers or providers, computer equipment, software, failure of e-mail services or content readers due to technical problems or traffic congestions on the Internet or an Internet page, or any combination of these, including any damage to the user’s computer.

Respalda reserves the right to interrupt access to the Site for the period it deems necessary for any reasons of a technical or administrative nature, force majeure or any others that may arise and that are not expressly mentioned herein.

 

Changes to the General Terms & Conditions

Respalda may automatically change these Terms and Conditions at any time. They shall then be published on the www.lionesa.pt website.

 

The revised General Terms and Conditions are deemed to have been accepted by the Users if they continue to use the site after the publication of the new General Terms and Conditions.

 

Hyperlinks (Links)

The provision of links to any other Internet page or location is merely for the convenience of Users and does not imply that Respalda has approved that page, location or its content. Respalda does not control or review and is not responsible for external Internet pages nor for the content of these.

 

These Terms and Conditions, as well as our Privacy Policy, do not apply to these other Internet pages.

 

Jurisdiction

Any disputes that may arise between Respalda and the Users shall be resolved by the Porto District Courts, expressly waiving any other jurisdiction that may apply to them.

 

Contacts

If you require further clarification of these General Terms and Conditions, please e-mail us at geral@lionesa.pt.

 

With regard to the CARPOOLING SERVICE (Lionesa Carpooling), the following Terms and Conditions shall apply:

 1. Scope

These Terms and Conditions of Use serve to regulate the use of the carpooling service available on the www.lionesa.pt website

2. Definition and General Considerations

For the purposes of these Terms and Conditions of Use, the carpooling service available on the www.lionesa.pt website is an online platform that gives information on trips and/or journeys of various natures that its users will be making, in order to facilitate carpooling (also known as “lifts” or “ridesharing”. This allows people who want to make similar journeys to meet each other and organise these journeys together, with the main aim of sharing the expenses involved.

Given the above, the users of the service provided by the www.lionesa.pt website are not professionals in the transport area and the journeys organised do not constitute any kind of professional service. As such, these journeys may not have the quality associated with a professional transport service.

Respalda – Engenharia e Administração Imobiliária, S.A., builder and owner of the www.lionesa.pt website does not operate in the passenger transport business or any similar business and likewise does not provide any transport service.

 3. Approval and Amendment of Conditions

These conditions apply to any use of this website and access to it always implies the approval of these Terms and Conditions of Use.

There may be no partial approval of the Terms and Conditions of Use and full approval of these is an essential requirement for beginning to use the service.

The Respalda, S.A. team reserves the right, at any time and without any need for prior notice, to delete the profile of any member who, after accepting the Terms and Conditions of Use, proceeds to disrespect them.

Respalda, S.A. is also entitled to make changes to the Terms and Conditions of Use, at any time and without prior notice, not being liable in any manner to its members for such changes.

Therefore, member/users of this website are advised to check these conditions regularly in order to keep themselves up-to-date regarding these. All members are deemed to have approved the changes made from the moment they use the website after the changes have been published.

Users expressly agree not to try to access this service provided on the www.lionesa.pt website by any means other than those formally provided by the company for this purpose.

Users of this website undertake to behave according to the general rules of good conduct and the precepts of good faith and good manners, under the terms of the Civil Law in force at any time.

 4. Registration on the Website and Profile Page

The internet users intending to use the carpooling service offered by Respalda, S.A., through the www.lionesa.pt website must register online on the website to be accessed. This registration is free.

After successful registration – an essential requirement for anybody to become a member/user of the carpooling service – each member must complete a page for their personal profile. Use of the website and its services is strictly limited to people aged over 18 at the time of registration. Members agree that all the information provided is true and complete. Each member is responsible for all the declarations/information provided. Each user is allowed only one profile page and it is strictly forbidden for the same user to create more than one profile page. Each member is entitled to access and change their personal data when they please.

After registration and creating the profile page, users will have access to all the services provided by the website they are registered on.

 5.  Prohibition of Obtaining Profit / Sharing Expenses

All members of the website undertake to use the service provided by Respalda, S.A. without any commercial or for-profit purpose and on a non-professional basis. Carpooling is done privately and the members travelling together undertake to share the real expenses of the journey that can be calculated. These expenses are related to the costs a car journey can imply, including fuel, tolls and parking, among others. The driver undertakes to calculate these costs, guaranteeing that the amount presented does not include any kind of profit for himself/herself.

All journeys and their parameters, particularly with regard to the route and place where passengers are picked up, must be organised and agreed between the driver and passengers, either through this website or through any other means of contact.

The driver may not charge any of the passengers anything more than the contribution owed and is strictly forbidden from obtaining a monetary advantage or any other kind of profit from this activity.

Any member that may make a profit from the journey is solely and entirely responsible to the injured party for their actions. The carpooling service encourages conversation between its members so that they may come to an agreement on the carpooling, without any commercial or for-profit purposes. It is therefore not liable for the breach of any agreement made between the driver and passengers or for the breach of these Terms and Conditions of Use, particularly in the case of any member acting for commercial purposes. Once again, this type of behaviour is strictly prohibited and applies to all activities agreed on through the online platform. The Respalda, S.A. team reserves the right to inform the competent authorities of any commercial activity discovered, as well as to suspend or even block access by the offending member to the website.

 6. Contact between members / Travel rules

The members are notified by e-mail of any interest shown in their offer or request. They may reply by e-mail or any other means agreed between the parties in order to finalise all the details of the journey.

 

As soon as an agreement is reached, the driver undertakes to be present at the place and at the time agreed to pick up the passenger(s). Drivers may not agree to journeys with a number of passengers greater than permitted for their car. All the passengers undertake to pay the driver the amount previously agreed to cover the costs of the journey.

The members undertake to inform each other, as accurately as possible, of all of the details related to the journeys they intend to share with other members, including place and time of departure, destination, possible stops, seats available in the car and the cost to be paid per person.

The driver members agree to take out and maintain an insurance contract that covers the journey and any carpooling offered or scheduled through this website. The driver members further declare that they have a valid driving licence, they own the vehicle in question or are authorised to use it and that the car has a valid Periodic Inspection certificate, when required.

The driver members are responsible for proving that the insurance they took out provides coverage suitable to the journey in question and, if requested by the passengers, must provide proof of this.

7. Responsibility

Users of the website declare that they will not use the service with the intention of providing information that is false, threatening, harmful, defamatory or that infringes third-party intellectual property rights; that they will not obtain e-mail addresses with the aim of storing them or sending unsolicited messages to them; that they will not transmit any information that is subject to secrecy or confidentiality or that is only of interest to third parties; that they will not advertise people, goods or services.

Respalda, S.A. and it partners cannot guarantee that each user is actually aged over 18, nor shall they be held accountable for abusive use of any of the services provided or any incorrect content or information.

The content of the website does not constitute advice, a suggestion or an obligation, nor does it establish any contractual liability relationship.

Respalda, S.A. and its partners are not answerable for any direct or indirect losses or damage incurred by any user with regard to the information contained on this website. Similarly, Respalda, S.A. and its partners are not responsible for the accuracy, quality, security, legality or correctness of the content (advertisements, assessments, profile or message data) presented on this website by members or partners, as well as with regard to compliance with the rules of copyright and related rights.

Although not obliged to, Respalda, S.A. reserves the right to monitor the content shared through its website, undertaking to delete any content that does not respect the terms presented here as soon as it becomes aware of this. Members are solely responsible for the content they provide through the carpooling services available on the www.lionesa.pt website. Thus, any information, data, texts, photos, graphs, videos, images or other materials shown on the website are strictly the responsibility of that member, who shall be personally liable for any damage arising therefrom.

Respalda, S.A. is not a party to any transactions between the driver and passengers so any liability that may arise regarding compliance with the agreements made shall fall on the members involved in that transaction. The drivers are solely responsible for their cars (working order / safety / cleanliness, etc.). Respalda, S.A. and its partners may not be held liable for any acts engaged in by its members that cause losses or damage to others, in cases such as:

  • the provision of false or incomplete information by any member;
  • cancellation of the journey, last-minute changes, no-show, or any other issues related to the payment / non-payment of the contribution towards expenses by any of the parties (drivers and/or passengers);
  • bad, offensive, racist or criminal behaviour by any member during the journey.

The users understand and agree that Respalda, S.A. and it partners may not, under any circumstances, be held liable for any direct or indirect, casual or accidental damage, including, but not limited to damage arising from the loss of data, content or other losses (even if it had been advised about the possibility of the occurrence of such damage), arising from:

  • use or impossibility of using the carpooling service available on the www.lionesa.pt website;
  • unauthorised access to personal databases on the service;
  • unauthorised changes to personal databases on the service;

Respalda, S.A. reserves the right, at any time, to change, suspend or temporarily or permanently interrupt the service provided, with or without prior notice, and this fact shall not give rise to any form of compensation for any possible losses caused to the user or to third parties.

To this end, a partner is deemed to be any entity that assists in disclosing the carpooling service available on the www.lionesa.pt website.

8. Intellectual Property Rights

The www.lionesa.pt website is the property of Respalda, S.A. Any reproduction of this, in whole or in part, requires prior written notice from that company. Any abusive use of all or part of the website or any one of its elements shall constitute an infringement that could imply civil and/or criminal liability.

 

9. Privacy policy and use of cookies

Respalda, S.A. sees the protection of its users’ privacy as a fundamental community principle.

Respalda, S.A. is aware of Portuguese law regarding personal data protection. Therefore, all the information provided by members is maintained by the company and will not be given to any third parties, including partners. However, external services contracted to put the website into operation, which we call technological partners, may have access to these data under the scope of the services provided in order to guarantee service quality and the best possible communication between Respalda, S.A., the carpooling service and the users.

But only Respalda, S.A. and the website are authorised to use certain data belonging to members, such as advertisements and profile data, in order to facilitate the search for carpool travel partners.

Information on users may also be collected without the user having provided this directly to Respalda, S.A., through a variety of technologies and methods, such as cookies (more below) and Internet Protocol (IP) addresses. These methods do not collect or store personal information.

The www.lionesa.pt website has links to other sites which, in our opinion, may contain useful information/tools for our members. Our privacy policy does not apply to third-party sites so, if any user visits another site from ours, they should read the privacy policy for that site. Respalda, S.A. is not responsible for the privacy policy or content of those sites.

If the user is in a country other than where the Respalda, S.A. servers are located, the communications may result in a cross-border information transfer.

This privacy policy is an integral part of the Terms and Conditions of Use for the carpooling service.

In the event of a criminal investigation carried out by the competent authorities, the users acknowledge and agree that all the information requested by these authorities shall be provided under the terms of the applicable law.

 

9.1 Cookies

A cookie is a small file stored locally on the user’s computer and that contains information on that user’s activities on the Internet. Cookies do not contain any identifiable personal information that the user sends to the Respalda, S.A. carpooling service website.

The user is not obliged to provide any additional personal information to Respalda, S.A. However, if the cookies are not accepted, this may prevent the provision of an optimised service, and could even hinder access to the carpooling service.

10. Applicable Law

If any controversy or complaints of any kind related to this service arise, the applicable law shall be Portuguese law, regardless of any conflict of applicable laws.

In the event of any dispute regarding the interpretation or application of these Terms and Conditions of Use for the carpooling services, the parties hereby accept that this will be submitted to the exclusive jurisdiction of the Porto District Court, expressly waiving any other.

Notwithstanding the above, Respalda, S.A. reserves the right to lodge legal proceedings in any jurisdiction where non-compliance with these general terms and conditions of use of the service is found to occur.