Terms and Conditions

Maxi Ogas

These terms and conditions ("Terms of Use") set out the rules for accessing and using this website ("Site"). The Site is owned and operated by Movimento 55+ Associação, with registered office at Rua Almeida e Sousa, n.º 48, 3.º esq. º, Lisboa, NIPC 514859172 (hereinafter referred to as "55+"), and its use is governed by these Terms of Use.

Acceptance of the Terms of Use
The user of the Site ("User") acknowledges that by using this Site they are accepting these Terms of Use. If you do not agree with any of the rules of use set out in these Terms of Use, you must refrain from using the Site.

Description of the Site
The Site constitutes an intermediation platform between Users who wish to offer services ("Talents") and Users who wish to acquire services ("Clients").

Access to the Site
Any person may use the Site, consult it and browse it and the services available on it ("User").

If you wish to be a Talent, you must complete the form available here. here.

If you wish to acquire a service as a Client, you must request it by completing an order form available here. here .

Registration as a Talent or the placing of an order as a Client is subject to the following requirements:


Only individual persons aged 55 years or over and with full legal capacity may be Talents.

Only individual persons aged 18 years or over and with full legal capacity, or legal persons, may be Clients.

All information requested by 55+ must be provided.

All information provided must be truthful, accurate and current, and must be regularly updated to keep it accurate and correct.

Forms and orders must not be completed under false or fraudulent pretences, nor by automated means.


Provision of a Service
Any Talent may provide the services indicated in their respective form, in compliance with the requirements set out from time to time on the Site and in these Terms of Use.

Services may only be of the type listed in the list available here. here.

The Talent must inform 55+ with sufficient advance notice if they are available to provide the service. If they confirm, the Talent shall be obliged to provide the service to the Client.

Talents acknowledge and accept that the provision of services will be subject to the Terms and Conditions of service provision available here, which are binding upon Talents. here , which are binding upon 55+ Talents.

55+ Talents declare that they accept and warrant that they will not provide services to 55+ Clients outside of 55+ and in accordance with these Terms of Use and the Terms and Conditions of service provision available here.

The Talent is solely and exclusively responsible for, and must ensure, the following:



Holding all authorisations necessary to provide the services.

The quality of the services rendered and, where applicable, of the products used for the provision of the services, including the condition, characteristics, state of preservation and general condition of the products.

The taxes due on the services, with 55+ bearing no liability if such taxes or levies have not been paid by the Talents.

The truthfulness, accuracy and correctness of all information, data and content provided on or through the Site in connection with the respective services, hereinafter "Content", as well as ownership of or authorisation to provide the same.

That the services and Content do not violate applicable law, nor promote racism, discrimination or violence, and do not contain offensive, obscene or defamatory language or content.



Furthermore, the Talent acknowledges and accepts that they shall be the sole and exclusive party responsible for the following:


The contract established with Clients.

The risk of not being engaged for their services by any Client.


The Talent must not mislead their Clients as to the relationship between the Talent and 55+, nor falsely indicate that the services and content they offer are sponsored by 55+.

The Talent is also solely responsible for knowing and complying with all legal rules applicable to them, including those relating to the provision of services, insurance and consumer protection.

Talents declare and warrant that the information provided is truthful, current, complete, clear, objective and lawful, and complies with the information requirements and other requirements arising from applicable legislation, these Terms of Use and the Site.

By providing Content on the Site, Talents authorise 55+ to use, reproduce and disclose it in any medium, form and platform (including its distribution, communication to the public and making available to the public, on the Site or elsewhere, including social media), worldwide and without time limits, for the purposes of communication, disclosure, advertising campaigns and the recruitment of Talents and Clients, as well as for the promotion of the Site and the activities carried out by 55+.

The Talent also acknowledges the following:

55+ has the exclusive right to decide which Talent is most suitable for a Client's order.
55+ reserves the right to accept or reject a Talent for the Site or one or more of their proposed services.
It is the exclusive responsibility of 55+ to define the conditions of exposure, visibility, communication and promotion of each Talent and of the services on the Site and elsewhere, including the highlights and marketing strategy of the Site and the services provided through it.
55+ sets the prices for services to be charged to Clients and will invoice on behalf of the Talents.

Acquisition of Services
Any Client may request a service available through the Site, following the rules set out in the terms and conditions of service provision available here..

Payment for services shall be made through the payment systems indicated on the Site from time to time.

The payment systems indicated on the Site belong to third parties; accordingly, the use thereof implies knowledge and acceptance of the terms and conditions of those services (which may be consulted on their respective websites), and 55+ has no involvement in or liability for the same.

55+, acting as a mere intermediary between Talents and Clients, will invoice for services on behalf of the Talents and will hold the payment in custody.

55+ shall bear no liability for the execution, incorrect execution or non-execution of a payment transaction, in particular for the failure to obtain or delay in obtaining authorisations from third-party providers for the processing of a payment transaction.

Relationship between the Talent and the Client
Talents and Clients establish between themselves their own contractual relationship, in which 55+ bears no liability.

In particular, it is the sole responsibility of the Talent, vis-à-vis the Client, for all aspects relating to the performance of the contract with the Client.

Any dispute between Talents and Clients must also be resolved directly between them.

Remuneration of 55+
55+ shall be remunerated for making the Site available for the promotion of Talents' services, as well as for its role as administrator and intermediary between Talents and Clients, through a percentage of the price of each service (20% / 30% depending on the type of service).

The applicable value added tax (VAT) shall be added to the amount due.

On a monthly basis, the Talent shall issue an invoice to 55+ for the amount due in respect of the preceding month as communicated to them by 55+, and 55+ shall proceed to make payment within 30 (thirty) days of the date of issue of the invoice.

Removal or Suspension of Services and/or Content
55+ is not obliged to anticipate, review or monitor services and Content, on the assumption that all necessary authorisations have been obtained prior to their use and/or availability.

Notwithstanding the foregoing, 55+ may carry out testing/validation of services (without any remuneration being payable to the Talent), and may also review Content solely to align it with the image and look and feel of the Site and to make suggestions regarding format and wording. In any event, the Talent remains solely responsible for the services and Content under the terms of these Terms of Use.

55+ may also, notwithstanding the foregoing and without prior notice and without any indemnification or compensation being payable to the Talent, any Client or third parties, reject, remove or suspend a service or any Content associated therewith:


In accordance with these Terms of Use;

At the request of a competent authority.


General Rules for Use of the Site
Use of the Site is subject to compliance with the following rules:


Do not use the Site for purposes that are unauthorised, unlawful or offensive to public order or public morality;

Do not use the Site to send or provide content that is unlawful, false, misleading, threatening, malicious, abusive, defamatory, injurious, invasive of privacy, racially, ethically or morally reprehensible, harmful or detrimental to the dignity of persons or harmful to minors, or that may adversely affect the image of 55+;

Do not use the Site to send or provide information or content that belongs to third parties and which you are not entitled to use, such as content protected by third-party copyright or content containing personal data of third parties;

Do not provide or send false or misleading information, or information that infringes the rights of third parties or that does not have the necessary authorisations;

Do not use the Site to provide or transmit any type of material that contains or may contain viruses, worms, defects, trojans or other computer elements, code, files or programmes that may interrupt, destroy or limit the functionality of any computer equipment or system (hardware or software) or communications equipment;

Do not use or exploit, for commercial or paid purposes in any manner, the Site, including its contents, materials, functions or resources;

Do not remove any copyright, trademark or proprietary rights notices;

Do not impersonate any person or entity, including but not limited to a representative of 55+, do not guide or receive anyone as though you were a host, nor falsely misrepresent kinship or connections with any person;

Do not provide or transmit unsolicited or unauthorised content, such as SPAM;

Do not carry out actions that may cause damage to, jeopardise, disrupt or degrade the integrity, continuity or quality of the Site, including, without limitation, (i) violating authentication or security systems that protect access accounts, servers, services or networks, (ii) accessing or obtaining unauthorised third-party data, whether personal or otherwise, with Phishing practices being strictly prohibited, (iii) seeking unauthorised vulnerabilities or deficiencies in access accounts, servers, services or networks, in particular the systematic detection of service responses (Scan), (iv) gaining access to computer systems, services or networks without the express authorisation of those responsible or the owners thereof (Intrusion); (v) overload actions seeking to sabotage or that sabotage the operation of the Site (Denial of Service) and (vi) unlawful or improper interception and/or interference (and the attempt to do so) with any data, system or equipment, without being authorised to do so;

Do not make modifications, decompile, reproduce or engage in any form of unauthorised use of the Site;

In general, the User must use the Site in a responsible, prudent and careful manner, without disrupting or degrading the continuity, integrity and quality of its resources and functions. The User acknowledges that their use of the Site is at their own risk, and that they are solely responsible for any damage caused to their computer system and/or equipment or for any other loss or damage, including loss or damage to data, resulting from the use of the materials, contents or information obtained, in any manner, through the Site.

Intellectual Property Rights
The User acknowledges that the Site, its structure and layout, the selection, organisation and presentation of its content, including its functions and the software used therein, as well as the trademarks, logos and symbols displayed on the Site, are the property of 55+ or have been duly licensed in favour of 55+.

The User also acknowledges that the content of this Site (texts, images, graphics, sound and animation and all other information available) is protected by intellectual property rights and undertakes to respect such rights.

It falls to 55+ to manage the design, layout and arrangement of all information, content and materials on the Site; accordingly, 55+ may, at any time, update, modify or remove any content, services, options or functions, as well as modify their presentation and configuration and change their respective URLs.

The User is not authorised to transmit, communicate to the public, publish, make available to the public, modify, transform, copy, sell, use or distribute, in any manner, the texts, images or other information contained in this Site or any part of the Site without the prior written authorisation of 55+. The use of trademarks and logos on this Site, as well as the availability of materials and products on the Site, does not grant nor may it be construed as granting Users permission to use, directly or indirectly, such trademarks, logos or materials.

Personal Data
Use of this Site does not necessarily entail the provision of personal data. However, if you wish to submit contact and clarification requests, lodge a complaint, or submit comments or suggestions, you must provide us with certain data, including your name and email address, which will be processed in accordance with the defined Privacy and Cookies Policy. .

Liability
55+ is solely responsible for the administration and management of the Site.

55+ may only be held liable for acts attributable to it on grounds of wilful misconduct or gross negligence.

55+ shall bear no liability for loss of profit, reputational or moral damage, nor for acts not attributable to it, especially in situations of fortuitous event or force majeure.

55+ is also not liable for any damages or losses that may result from:



The use or inability to use the Site, including, without limitation, delays, interruptions, errors, interference and suspension of communications, omissions, viruses, errors and also failures and/or problems in the functioning of electronic, computer or telecommunications systems;

Anomalies or malfunctions of any payment system;

Delays or blockages in use caused by deficiencies or overloads on the Internet or other electronic systems, including failures to access any part of the Site;

Suspension, failure or unauthorised use of the servers on which the Site is hosted and/or all information and data hosted thereon;

Unlawful acts by third parties, including access to or modification of personal databases;

Use of the username and password by unauthorised third parties;

Improper use of the Site;

Possible errors or security deficiencies that may arise from the use of an outdated or insecure browser terminal, as well as from the activation of password or user identification code storage devices on the browser, or from damage, errors or inaccuracies that may result from the malfunction thereof.


55+, as owner and party responsible for the management, operation and maintenance of the Site, shall act, in each and every circumstance, as a mere intermediary between Talents and Clients, without having any authority to represent the Talents and/or Clients, and shall not guarantee or be liable, in any manner, for the following:



As regards the identity, capacity or good faith of any party involved in a transaction or otherwise using the Site;


For the services and Contents, having no involvement in them, in their selection or in the selection of their users, except as expressly set out in these Terms of Use;

For the use that third parties may make of the Contents available on the Site.


The User undertakes to fully indemnify 55+ for any compensation, costs or expenses that 55+ may incur as a result of any claim of any kind or nature brought against it by third parties or other Users, based on damage resulting from the User's breach of these Terms of Use, on services rendered or based on the infringement of third-party rights, including compensation paid to third parties by agreement with 55+.

Warranties
The Site has been developed with the interests of our Users in mind. However, we cannot guarantee that the Site or any functionality available on it will meet any needs and expectations you may have or will fulfil your specific purposes.

55+ also does not warrant that:


The results obtained through use of the Site are correct, true, appropriate or reliable.

Any advice, recommendation or information, of any kind, under the responsibility of 55+, presented or available on the Site, or obtained through its use, is current, accurate, complete or free from errors. 55+ states that it assumes no legal obligation in this regard.

Any material or other type of content provided by third parties through the Site is safe, lawful or appropriate.

The qualities, functionalities or characteristics of the products, services, information or other materials or content disclosed on the Site meet the expectations of users.


The information provided by 55+ on the Site should not be understood as constituting advice or a recommendation in connection with the acquisition of services.

Links to Third-Party Websites:
55+ may provide links to pages of other entities. These websites are not owned, operated or controlled by 55+; accordingly, 55+ is not responsible for, does not approve of and does not in any way endorse the content of these websites, nor the websites linked to or referenced therein.
The establishment of links does not imply, in any case, the existence of any relationship between 55+ and the owner or administrator of the webpage to which the link refers.
Accordingly, 55+ accepts no responsibility for the legality, reliability or quality of any content provided thereon, nor for compliance with the applicable legal rules in relation to the contents available thereon, and the use of such links is the sole responsibility of users.

Security:
55+ does not guarantee that the Site will operate without interruption, be free from errors or be continuously available.
55+ makes every effort to ensure that the Site does not contain viruses or other elements that are harmful to your computer. However, since 55+ cannot fully control the flow of information through the Internet, it cannot guarantee that the Site does not contain viruses or other elements that may damage your computer.
To ensure the security of the Site, 55+ may, at any time and without prior notice, take such measures as are necessary to ensure the integrity, security, continuity or quality of the Site, including access restrictions or limitations.
It is the responsibility of each user to take the necessary measures to protect their terminal equipment and to adopt the necessary security measures to prevent unauthorised access.

Suspension or Cancellation of Account and Site:
55+ may, without prior notice, cancel or suspend a user's account, in particular in the event of a breach of applicable law, of these Terms of Use or of the contracts with counterparties in the service provision relationship, as well as at the request of a competent authority.
55+ will send an email to notify the user that their account has been suspended or cancelled, using the contact email address provided by the user in their account area.
In the event of the cancellation or suspension of a Talent's account, scheduled services shall be deemed to remain in effect and 55+ may indicate to clients another Talent or Talents for such purposes.

55+ may also, at any time and without notifying users of the Site:


Suspend, wholly or partially, access to any part of the Site, in particular during management, maintenance, repair, modification or modernisation operations;

Close, permanently or temporarily, wholly or partially, any part of the Site.


55+ may also restrict, at its discretion, access to any part of the Site or subject it to strategic or commercial limitations.
The suspension or closure of the account or the Site, for whatever reason, does not entitle users to receive any compensation, in any circumstances, from 55+.
Users may also close their account at any time using the account closure button in their personal area.

Amendment of the Terms of Use:
55+ reserves the right, at any time and without prior notice and with immediate effect, to modify, add to, update or remove, wholly or partially, these Terms of Use.
Users must periodically consult the page containing these Terms of Use to verify whether any updates or changes have been made.

Validity of the Terms and Conditions of Use:
If any part or provision of these Terms of Use is unenforceable or conflicts with applicable law, the validity of the remaining parts or provisions shall not be affected.

Questions:
If you have any questions regarding these Terms of Use, please send your clarification request by email to servico@55mais.pt or by post to the address Casa do Impacto | Tv. São Pedro, n.º 8, 1200 – 432 Lisboa.

Applicable Law:
Portuguese law applies to the management, administration, use and enforcement of the Terms of Use of the Site.

Court of Jurisdiction:
For the resolution of any question or dispute that may arise in connection with these Terms of Use, exclusive jurisdiction is conferred upon the District Court of Lisbon, with express waiver of any other.