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Terms & Conditions

Who is Pearls of Portugal Lda?

Pearls of Portugal is the owner of this Website and Apps, with the following social data:

Company name: Pearls of Portugal Lda.

Single registration and taxpayer number (NIPC): PT514819960

Rua de Camões 218, 1. Andar, Sala 2

4000-138 Porto, Portugal 

Phone number: +351-220 106 777

You may contact us at any time, by post to the address above, by sending us an email to info@pearlsofportugal.com or by contacting us through our website.

The goals of this website include providing consumers with access to information about real estate listings, services from third parties, and general information that we think may be of interest to you. To ensure a safe, non-offensive environment for all visitors to this website, we have established these “Terms of Use.” By accessing any areas of pearlsofportugal.com, you agree to be bound by the terms and conditions set forth below. If you do not agree to all of the Terms of Use, please do not use this site.

Property details and contracts with third parties through the website and apps

The user recognizes and accepts that any contractual or non-contractual relationship that, in his case, formalizes with advertisers or third parties contacted through Pearls of Portugal are understood to be conducted solely and exclusively between the user and the advertiser and/or third party. Consequently, the user accepts that Pearls of Portugal has no liability whatsoever for any damage or loss of any nature caused by his negotiations, conversations, and/or contractual or extra-contractual relations with advertisers or third parties, whether physical or legal, contacted.

Pearls of Portugal aims to provide up-to-date information through its website and apps. Therefore, this information may vary with some frequency, so it is recommended to consult it frequently, especially before making any transaction of purchase or sale of a property. Pearls of Portugal makes a diligent effort to verify the veracity of the data provided by the owners/agencies of the properties advertised on the website and apps, as well as the data of the agencies and promoters of said properties. However, Pearls of Portugal does not guarantee the total reliability of the data mentioned, since they may contain inaccurate and incorrect information.

The prices and other information that appear on the website and apps do not constitute a contractual offer and are published for informational purposes only.

Pearls of Portugal provides the advertiser/partners with sufficient means to fulfill its obligation to inform about the energy efficiency of the advertised property and to attach the respective energy certificate to the advertisement. Thus, the advertiser/partner is solely responsible for compliance with this legal obligation, and Pearls of Portugal is not responsible, under any circumstances, for its non-compliance. Pearls of Portugal is not responsible for the existence of mortgages, liens, credits, or any other charges that may affect the properties advertised on the website and apps. Without prejudice to the provisions of these terms of use, Pearls of Portugal warns that it is not responsible for the information included in the real estate offer in question. According to the provisions for consumer protection, the information in question, regarding the purchase/sale and rental of the houses, will be made available to buyers in the stores of the respective real estate agencies or will be provided directly by the owners of the properties.

Services regarding investment consulting /buyer agent services- and purchase support are provided by the company “Pérolas de Portugal lda”, Rua de Camoes 218, Sala 2, 1. Andar, 400-138 Porto, and are invoiced directly by the company. 

Copyright

The materials on this website, as well as the organization and layout of this site, are copyrighted and are protected by Portuguese and international copyright laws and treaty provisions. You may access, download and print materials on this website solely for your personal and non-commercial use. No right, title or interest in any of the materials contained on this website is transferred to you as a result of accessing, downloading, or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, link to, or frame in another website, use on any other website, transfer or sell any information obtained from this web site, without written permission from Pearls of Portugal. The foregoing prohibition expressly includes but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information.

Links

For your convenience, Pearls of Portugal may provide links to various other websites that may be of interest to you. However, Pearls of Portugal does not control such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Furthermore, Pearls of Portugal privacy policy is applicable only when you are on our website. Once you link to another website, you should read that site’s privacy policy before disclosing any personal information. If you decide to access any of the third-party sites linked to this website, you do so at your own risk. Pearls of Portugal reserves the right to terminate any link or linking program at any time.

Pearls of Portugal (a) makes no warranties, express or implied, about the use of links provided on or to another service, (b) does not warrant the accuracy, completeness, usefulness, or appropriateness of any other internet sites, services, goods or advertisements that may be linked to or advertised in the service.

Disclaimer

The materials contained in this website are provided on an “as is” and “as available” basis, without representations or warranties of any kind. Pearls of Portugal expressly disclaims all such representations and warranties, either express or implied, including without limitation warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. Pearls of Portugal does not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within these materials. Pearls of Portugal may make changes to this website at any time without notice. While Pearls of Portugal strives to keep the information on this site accurate and current, Pearls of Portugal cannot guarantee the accuracy, completeness, or timeliness of the information. Information within the Pearls of Portugal website may contain technical inaccuracies or typographical errors. Pearls of Portugal reserves the right to make changes, corrections, and/or improvements to the information contained within this website, at any time, without notice.

You acknowledge that you use the service at your own risk and that you acknowledge that the service and any element of the service, including content, services, goods or advertisements, and other elements are provided “as is” and that Pearls of Portugal makes no warranty, express or implied, that the elements are fit for a particular purpose or use. Pearls of Portugal makes no warranty that the Service is compatible with your hardware or software or that the Service is free of errors, viruses, worms, or trojan horses and is not responsible for damage caused by these destructive elements.

Limitation of Liability

In no event shall Pearls of Portugal be liable for any damages whatsoever arising out of the use of, or inability to use, the website, including but not limited to direct, indirect, incidental, special, or consequential damages, even if Pearls of Portugal has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

You acknowledge that Pearls of Portugal, and its suppliers and agents, are not liable for (a) any damages, whether caused by the negligence of Pearls of Portugal, its employees, contractors, agents, suppliers, or anyone connected with the Service, nor is Pearls of Portugal liable for any loss of profits, losses in general, indirect or collateral damages, or the consequent bringing of legal action against Pearls of Portugal by any third party; nor from (b) any failures, discrepancies, omissions, delays or other errors in the service caused by your computer or your use of the service on the same computer. The content of other internet sites, goods, or advertisements that may be linked to the service is not administered or controlled by Pearls of Portugal. Therefore, Pearls of Portugal is not responsible for the availability, content, or accuracy of other internet sites, services, or goods that may be linked to or advertised on the Service.

Pearls of Portugal is also not responsible for the accuracy or continued availability of the telephone lines and equipment that you use to access the service. The user understands that Pearls of Portugal and/or the providers and contributors of the service may terminate access to content (from other sites, services, goods, or advertisements), based on the Terms of Use, at any time.

Updates

Pearls of Portugal reserves the right to make changes to the  pearlsofportugal.com website and these Terms of Use at any time and may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Your use of this site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the site.

Referral Marketing

Pearls of Portugal writes its own independent content on factual topics and makes the information available free of charge on the website. Pearls of Portugal constantly searches the Portuguese market for qualified service providers or negotiates selected offers and prices for potential clients of the service providers. The service providers are independently selected by our experts and Pearls of Portugal refers interested users upon request to the service providers. Pearls of Portugal receives a commission for each purchase or order that is made through the referral. The income helps us to offer you high-quality content free of charge.

Client Area

The platform “clientarea.pearlsofportugal.com” allows users and partners to create a profile on the platform, view offers, organize property visits, process investments, apply for visas or manage other services. Furthermore, users can regularly receive automated suggestions for interesting users so that they can be contacted. This does not constitute a claim that a user will be offered certain users through suggestions. Furthermore, the user has no claim to a certain design or equipment of the platform.

Pearls of Portugal reserves the right to further develop the Platform at any time and in the course of this to add or remove features as well as to change the Platform in whole or in part at its own reasonable discretion, taking into account the interests of the Company, or to discontinue it permanently or temporarily, provided that this does not impair essential contractual obligations of Pearls of Portugal arising from the contractual relationship and this is reasonable for the Company. Pearls of Portugal reserves the right to offer certain areas, features, or services in the future at a charge. In this case, the future obligation to pay costs will be pointed out separately.

Pearls of Portugal endeavors to ensure that the usability of the platform is as uninterrupted as possible. However, temporary restrictions or interruptions may occur due to technical faults (such as power supply interruptions, hardware and software errors, and technical problems in the data lines). Pearls of Portugal provides the Platform with an overall availability of 98.5% on an annual average. The availability is calculated minus the time periods attributable to necessary maintenance. The platform is not available during maintenance work. Apart from that, a claim to the use of the contents available on the platform exists only within the framework of the technical and operational possibilities at Pearls of Portugal.

Pearls of Portugal expressly reserves the right to make changes to these GTC. Changes shall become effective if the User does not object to the changes in text form within one month after receipt of a change notification and Pearls of Portugal has informed the User in the change notification of this right of objection and the application deadline. If the User objects to the amendment in text form, the previous GTC shall continue to apply. In this case, Pearls of Portugal is entitled to terminate the contractual relationship within two weeks after receipt of the objection. Excluded from this reservation of change are such changes, which refer to an obligation of one of the parties, whose fulfillment makes the use of Pearls of Portugal possible in the first place and on whose compliance the company regularly trusts or may trust.

The data requested in the registration form must be correct, complete and truthful, and kept up to date. Before submitting the registration form, the company confirms that it has read and understood the GTC and agrees to its validity.

To verify the information provided, Pearls of Portugal sends the user a confirmation email by way of the so-called double opt-in procedure. The data transmitted during the registration process via the registration form will be checked by Pearls of Portugal for completeness and plausibility. If Pearls of Portugal has a reasonable suspicion of misuse, e.g. that the data submitted via the registration form is incorrect or untrue, Pearls of Portugal will refuse to activate the user profile. If the information provided is correct and Pearls of Portugal has no other concerns, Pearls of Portugal will activate the company profile and send a confirmation email with an activation link to the user’s email address. By clicking on the activation link, the user accepts the offer to conclude a contract of use. After activation, the user profile can be individualized. A claim to the conclusion of a contract of use or the activation of a user profile is not established by this.

If further user accounts such as construction companies or lawyers are added to the user profile at the user’s request, the user is responsible for ensuring that the data protection requirements are met, in particular, that the data processing is lawful and that the user concerned has consented to this data processing.

The user is responsible for maintaining the confidentiality of the login data. The username and password for access must be kept secret in such a way that it is impossible for unauthorized persons or third parties to gain knowledge of them. If the user becomes aware of a misuse of the login data, or if there is a possibility or threat of such misuse, the user must inform Pearls of Portugal immediately. The User shall be liable for any misuse of the registration data. This shall not apply if the User is not responsible for the misuse. The user is prohibited from sharing his account with third parties such as real estate agents, lawyers, etc., or granting third parties access to the platform via his own access data. In the event of such third-party use, Pearls of Portugal will block or delete the account.

The user is responsible for keeping the information created via the platform as well as the details up to date.

The content thus published via the Platform, in particular offers and job advertisements, is so-called third-party content for Pearls of Portugal, unless they are provided with a clear reference by Pearls of Portugal. Pearls of Portugal does not check the completeness, accuracy, and legality of third-party content and therefore assumes no responsibility or warranty for the completeness, accuracy, legality, and timeliness of the third-party content.
In the case of cooperation with Pearls of Portugal which is no longer up to date, it is possible to archive it by adjusting the status of the activity in the profile management. Information archived in this way can thus no longer be accessed by additional user accounts via the platform, but can be reactivated by the user by changing its visibility in the profile management to “online”.

The user is responsible for the content posted and must ensure that the applicable laws and other legal provisions are observed when creating and operating the user profile and when creating uploads. In particular, the user may not post or cause to be posted any data or content, such as text, images, logos, etc., that violates applicable law, infringes third-party intellectual property rights or copyrights, or other rights of third parties. No files or content with depictions of violence, pornographic, discriminatory, insulting, racist, defamatory, or other illegal content or depictions may be uploaded and/or made publicly accessible or made part of the content of communication via the platform. Furthermore, it is prohibited to upload files or content on which exclusively or partially third-party company logos, trademarks or other business signs, or other protected signs are displayed, unless the company has the corresponding rights of use and/or exploitation.

Pearls of Portugal is not obliged to proactively monitor the information and content published or transmitted via the Platform or to check its accuracy, completeness, up-to-dateness, or legality. Nevertheless, Pearls of Portugal reserves the right to randomly check the information published via the Platform for legal compliance. In case of reasonable suspicion of violations, Pearls of Portugal may take action.

Pearls of Portugal may, in its reasonable discretion and having regard to the interests of the Company, impose one or more sanctions on the User for culpable breach of these TOS or applicable laws. The severity of the sanctions shall be based on the seriousness of the User’s infringement. The sanction shall remain in force until the sanctioned act has been stopped by the user and any risk of repetition has been eliminated. Sanctions may include in particular: (i) the deactivation or blocking of individual additional services or contents, in particular of pictures, files, or text passages published on the platform by the user, (ii) the deletion of the contents posted by the user, (iii) the complete blocking of access to the platform including the user profile and (iv) the deletion of the user’s account or the termination of the user contract. The right to extraordinary termination for cause by Pearls of Portugal remains unaffected, as does the assertion of further claims.

In addition to the free platform offers, Pearls of Portugal also offers the company various additional services for which a fee is charged, which are only activated after booking and payment. The pricing, content, scope of services, term as well as payment and cancellation modalities for subscription models are set out in the current service descriptions on the platform and are summarised there in a complete and transparent manner. Prices for subscription models are exclusive of any value-added tax.

If, through the use of subscription models, content is published on platforms of third parties, e.g. in the context of multi-posting, the company must ensure that the terms of use of the respective third-party provider are observed. In the event of violations, content published in this way can be blocked or deleted by the respective third-party provider.

To book subscription models, the user has to select the desired subscription model in the profile administration, which is placed in the shopping cart by clicking on the “Add to cart” button. Clicking on the button “Proceed to checkout” takes the user to an input mask in which the products placed in the shopping cart are again clearly displayed to the company together with the costs incurred and in which the billing and contact information must be entered as well as the desired subscription model selected. By clicking on the button “place your order”, a binding offer to book the products placed in the shopping cart is made. With the confirmation of the booking, Pearls of Portugal accepts the offer, whereby a contract for the selected subscription model is concluded.

Invoices for the booked subscription models are issued digitally; paper invoices are not issued. Either the invoice is sent to the user by e-mail or it is stored in the user profile on the platform and can be accessed there at any time.
Individual services provided by Pearls of Portugal via the platform may be subject to a charge in the future. The user will be informed of this at the latest before the first use of a chargeable additional service. Prior to the first use of a chargeable additional service, the User must confirm that he/she has been informed of the costs of the service and the amount of the costs and that he/she agrees to the chargeable use of the additional service.

Fees for subscription models are payable in advance for the selected billing period. Payment by credit card is offered as a means of payment. Additional services are to be provided by Pearls of Portugal only after full payment of the applicable fee. Payment shall be deemed to have been made when Pearls of Portugal can actually dispose of the invoice amount.

The user grants Pearls of Portugal the non-exclusive, spatially and temporally unlimited right to use the content provided in the user profile and on the platform, in particular images, logos, and texts, as well as the data generated within the framework of the application management on the platform for the purpose of reaching the contract. This also includes the right to change the content and to use it in such a way that Pearls of Portugal may enlarge or reduce the images and/or color images in black and white in order to be able to display the images in the profile accordingly. the user is not granted any rights of use to the industrial property rights of Pearls of Portugal.

The user contract begins with the conclusion and runs for an indefinite period.

The User may terminate the User Agreement at any time without notice by sending a clearly titled “Termination” email to info@pearlsofportugal.com. Subscription models can be terminated with a notice period to the end of the respective contract term by sending a clearly titled e-mail to info@pearlsofportugal.com. The termination of a subscription model does not lead to an automatic termination of the user contract. The user profile can be deleted at any time by sending an e-mail clearly titled “Deletion” to info@pearlsofportugal.com. The deletion of the user profile does not affect existing subscription models.

With the deletion of the user profile, all data created and published on the platform will be deactivated and all documents received will be irrevocably deleted. Exempt from this are those data that are subject to statutory retention obligations or whose further processing is necessary for Pearls of Portugal to fulfill contractual obligations. The user contract can be terminated by Pearls of Portugal at any time with a notice period of one (1) month in text form (e-mail).  The right to terminate for good cause remains unaffected. An important reason, which entitles Pearls of Portugal to terminate the contract, exists in particular if the user culpably violates essential provisions of these GTC.  Pearls of Portugal guarantees an adequate level of data protection for all data processing processes in connection with the platform. The details of the processes involved can be found in the data protection declaration in its currently valid version.

Unless otherwise stated in these GTC, Pearls of Portugal shall be liable within the scope of the use of the Platform in accordance with the following provisions.
Should the User incur damage through the use of services provided free of charge on the Platform, Pearls of Portugal shall only be liable insofar as the damage has arisen due to the contractual use of the services provided free of charge, the User has not acted culpably and only in the event of intent (including fraudulent intent) and gross negligence on the part of Pearls of Portugal.

The following provisions apply to liability:

  • Pearls of Portugal shall be liable without limitation for damages caused by Pearls of Portugal or its legal representatives, executives, or simple vicarious agents intentionally or through gross negligence.
  • Pearls of Portugal is not liable in cases of slightly negligent violation of insignificant contractual obligations. Furthermore, the liability of Pearls of Portugal for damages caused by slight negligence is limited to those damages that can typically be expected to occur in the context of the respective contractual relationship (contract-typical foreseeable damages). This also applies to slightly negligent breaches of duty by legal representatives, executive employees, or simple vicarious agents.

The user is exclusively liable for breaches of duty by the company, in particular in the case of infringement of third-party trademarks, copyrights, and rights to a name. The Company shall indemnify Pearls of Portugal upon first request against all claims for payment of other companies or third parties, which are asserted against Pearls of Portugal due to a breach of law or contract by a company. The User shall, upon the first request, bear all reasonable costs incurred by Pearls of Portugal as a result of such an infringement. This includes in particular the necessary costs of legal defence. This does not apply if the User is not responsible for the infringement. Other claims of Pearls of Portugal against the company remain unaffected.

Severability clause

If one of the provisions of these GTC or of a further agreement concluded with reference thereto is or becomes invalid, irrespective of when and for what reason, or if these GTC contain a loophole that the parties agree needs to be regulated, this shall not affect the validity of the remaining provisions. In this case, the parties are obliged to replace the invalid or incomplete provision with a provision that comes closest in economic terms to the invalid or incomplete provision. Until such replacement, the statutory provisions shall apply in place of the invalid or missing provisions.

 

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