General Terms and Conditions WI-FI

Date: October 2023

These general terms and conditions apply to the free use of the Wi-Fi network of Vila do Conde Retail Park (the “Centre”). By logging in on the Wi-Fi network of the Centre, you confirm that you have read and understood these General Terms and Conditions and that you agree to them. If you do not agree to these General Terms and Conditions, do not use the Service.

These General Terms and Conditions and all revisions thereto are always accessible on the website of the Centre at https://www.viladoconderetailpark.com/en/.

1. DEFINITIONS

General Terms and Conditions / Terms: these general conditions for the use of the Service.

Vila do Conde Retail Park: the private limited company Vioutlets Vila do Conde III, Unipessoal, Lda, a private company with limited liability under the laws of Portugal, having its seat in Av. Euro 2004, 2890-154 Alcochete, registered with the Chamber of Commerce of Alcochete under number 509964842.

Device: the device with which you use to make a connection with the Wi-Fi network.

Privacy Policy: the privacy statement of Vila do Conde Retail Park, available via https://www.viladoconderetailpark.com/en/privacy-policy/.

Service: the provision of wireless access to the internet via the Wi-Fi network.

You: a natural person making use of the Service.

“We” and “Us”: means Vila do Conde Retail Park and “our” and “ours” shall be construed accordingly.

Wi-Fi network: an unsecured wireless network offering you free access to the internet.

2. GENERAL

2.1. We are entitled at all times to modify and/or supplement these General Terms and Conditions. The most up-to date Terms will be brought to your attention before you use the Service. If you continue to use the Service after the modification and/or supplementation of these Terms, you will be accepting the modified and/or supplemented Terms. If you do not agree to the modified and/or supplemented Terms, your only option is to not use the Service.

2.2. In the event that these Terms are partially invalid, you will remain bound by the valid provisions of these Terms. We shall replace the invalid provision(s) by provisions which are valid, and which have legal consequences corresponding as closely as possible with the legal consequences of the invalid provision(s), having regard to the content and the object of these Terms.

3.     USE OF THE WI-FI NETWORK         

3.1.    The Service enables you to connect to the Internet, free of charge, by means of the Wi-Fi network. Please always be aware that Additional fees may be charged by your (internet) provider.

3.2.    We may assume that you are the actual person logging in to use the Service [with your login details]. We are not liable for damage resulting from any unauthorized access to or use of the Service by third parties.

3.3.    You are responsible and liable for all actions performed when using the Service.

3.4.    The Service is intended for your personal use only and in accordance with these Terms. You may not use the Service for any commercial or business purpose and you do not have the right to resell or enable access to the Service to any third party.

3.5.    You are responsible for the configuration of your own Device. Employees of the Centre cannot assist the User in the installation, programming and/or configuration of a wireless internet connection. The Service is available to your Device only when it is within the range of our Wi-Fi network. 

3.6.    We reserve the right to immediately and without notice, suspend your access to the Service if we suspect that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself).

3.7.    We are at all times entitled, without in any way becoming liable to you, (i) to make procedural and technical alterations and/or improvements to the Service, and/or (ii) to (permanently or temporarily) take the Service out of use, limit the use of the Service, or cancel the Service altogether.

4.      SECURITY

4.1.   By using the Service, you acknowledge and agree that the transmission of information via the internet and via the Service may be subject to security, privacy and confidentiality risks. We cannot guarantee the security or confidentiality of your (personal) data transmitted via the Service and therefore any transmission or use of the Service is entirely at your own risk. We recommend that while using the Service you use an approved secure technology and/or a personal firewall. You understand and agree that not all viruses or similar harmful programs can be detected or prevented. 

4.2.    The data traffic between the Wi-Fi network and your Device is sent without encryption. You accept the risk that the data in transit can be received by others than for whom they are intended. You are personally responsible for securing the data traffic between your Device and the Wi-Fi network against any unauthorized access by third parties. You are also personally responsible for securing your Device against viruses, Trojan horses, and other forms of undesired access to your Device.

5.      CONTENT

5.1.    We do not control, nor are it in any way liable for, data or content that you access or receive via the Service. We are not a publisher of third-party content that can be accessed through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service. You are responsible for evaluating such content.

5.2.    It is your responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the service. We will not be a party to, nor in any way be responsible for, any transaction concerning third party goods and services. You are responsible for all consents, royalties and fees related to third party vendors whose sites, products or services you access, buy or use via the Service.

5.3.    We provide this Service to you and other Wi-Fi users in the Centre free of charge. The Service is intended to support general web browsing activities. Due to limited bandwidth and to ensure a consistent experience for all customers, our Service may not support high-bandwidth actions such as streaming music, streaming video or downloading large files.

5.4.   You are not permitted to use the Service for a purpose as listed below or make information, data or content available:

(a)    which, at our discretion, encourages aggressive behaviour, is discriminating or is otherwise deemed hurtful, offensive or inappropriate or that consist of creating a false identity; 

(b)   that consist of child pornography and/or distributing pornographic materials to minors;

(c)    in which personal data is made available, other than in compliance with applicable law;

(d)   which contains viruses, Trojan horses, worms, bots or other software which can damage automated work or make it unusable or inaccessible or delete it, or which can appropriate it or which is intended to circumvent our technical protection measures of and/or the computer systems;

(e)    which qualifies as or transmits unwanted or unsolicited material or content (spam);

(f)    which infringes our rights of and/or of third parties, including but not limited to intellectual property rights or rights concerning the protection of privacy;

(g)    which qualifies as or transmits unwanted or unsolicited material or content (spam);

(h)   which is fraudulently or in connection with a criminal offence or in any way illegal or unlawful.

5.5.    In the event of a suspicion of misuse within the meaning of article 5.4, we may be legally obliged to inform the appropriate authorities of that suspicion. If we are legally obliged to do so, or see any other reason to do so, your details will be passed on to the appropriate authorities.

6.      WARRANTIES

6.1.   Other than expressly set out in these Terms and to the greatest extent permitted by law, we make no representations or warranties with respect to the speed, bandwidth quality and reliability of the internet connection made available to you by means of the Service, accuracy and completeness, reliability or usefulness of the Service, or the performance of its obligations hereunder, and we expressly disclaim all warranties and conditions or representations of any kind, whether express, statutory, or by common law, implied or otherwise, including, but not limited to, implied warranties of satisfactory quality or fitness for a particular purpose. You accept that the Service only has those functionalities and other characteristics in effect at the moment of Use (‘as is‘ basis).

6.2.    We do not guarantee that the Service shall be available to you at all times and without interruptions, faults or disturbances, that the Service shall be effective, or the use of the Service shall lead to certain results or that the information provided through the Service shall be accurate, up to date and complete.

6.3.    We are not responsible for: (i) the purchase and/or the proper operation of your Device; (ii) transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet; (iii) loss, damage, inaccuracy and/or incompleteness of any Content; (iv) making backup copies of any content; (v) any unauthorized use or attempted use of the Service.

7. PERSONAL DATA

If you choose to use the Service to access websites, services or content provided by third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies. We have no responsibility for their policies, or third parties’ compliance with them.

8.      LIABILITY

8.1.    Each and every use of the Service is at your own risk. You are personally responsible for all the use that you make of the Service. 

8.2.    Our liability, whether based upon (attributable) default, unlawful act or any other ground, shall not exceed the amount of EUR 500.

8.3.    We are in no way liable for damage or in any other way to you for any damage arising or resulting from the (temporary), intermittent, or (permanent) unavailability or inaccessibility of the Service.

8.4.   You will indemnify (fully compensate) us against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred as a result of any claim resulting from your breach of these Terms. 

8.5.   There will be no breach of these Terms by us in the event we cannot perform any obligations as set out in these Terms if prevented therefrom by force majeure. Force majeure is taken to mean inter alia: illness of employees and/or absence of key employees, power failures, strikes, riots, government measures, fire, natural disasters, floods, failure of our suppliers, shortcomings by third parties which were engaged by us, disruption of the internet connection, DDoS attacks, non-applicability of third party services, hardware failures and failures in (telecommunication) networks and any other unforeseeable conditions.

9.      TERMINATION

9.1.   You are entitled to terminate the use of the Service at any time. 

9.2.   We may suspend the Service or terminate this agreement immediately at any time and for any reason. 

9.3.   Upon termination, for whatever reason, you shall not be able to access and use the Service anymore. We will not be obliged to provide any content or other information to you or convert or export such information.

10. COMPLAINTS AND NOTICES

In the event of complaints or notices, you must contact the Centre by sending an email to privacy.porto@outlets.com. We endeavour to respond to a complaint or notice as soon as reasonably possible.

11. JURISDICTION

These Terms and the use of the Service are governed by Portuguese law. Any disputes arisen as a result of these General Terms and Conditions shall be resolved by the civil court in Lisbon, unless mandatory law determines that the dispute must be brought before another court.

12. CHANGING THESE GENERAL TERMS AND CONDITION

Unless otherwise stated by us, we will publish any changes to these Terms online https://www.viladoconderetailpark.com/en/.

13. Legally valid version

Only the Portuguese and English versions of these General Conditions are legally valid.