TERMS AND CONDITIONS
"Account" means the Services user's personal account;
"Application" means Tazzi's mobile applications made available as part of the Services;
"Charges" means (i) the Fees and (ii) the Additional Charges;
"Consumer" means any natural person who uses the Third Party Services through the Application and/or the Website in Portugal, for purposes other than their professional activities;
"Family Profile" means the functionality that allows you to centralize and organize the User's family use of the Services, namely by allowing the User's family members to share a common means of payment;
"Promotional Codes" means promotional codes that can be redeemed for Account credit, or other features or benefits related to the Services and/or Third Party Services, subject to the additional terms that Tazzi establishes in connection with each promotional code;
"Rates" means the price that is applicable to the Third Party Services, expressly communicated to the User in the Application and/or on the Website at the time of confirmation of the respective order;
"Services" means the User's access or use, from any country in the world (excluding the United States of America, its incorporated and unincorporated territories, as well as mainland China), of the Application, Website content, from products and services provided by Tazzi;
"Third Service Providers" means third party service providers, namely third party service providers in the area of transport, logistics and food, who make their services available through the Application and/or the Website;
"Tazzi" means Taxa Z., a private limited liability company incorporated in the European Union, with a registered office to be defined
"Third Party Services" means services provided by Third Party Service Providers to You through the use of the Services;
"User Content" means content or information in text, audio and/or visual format, including comments and reactions relating to the Services or Third Party Services, requests for support and submission of applications for contests or promotions;
"Additional Charges" means charges that may be due in addition to the Fees applicable to the Third Party Services, namely in the event of non-compliance with the User's obligations towards Third Party Service Providers, under the terms described herein. Additional Charges are added to the User Fee, as applicable;
"User" means any natural person and/or Family Profile who accesses and/or uses the Services, including Consumers;
"Website" means www.tazzi.pt
or any other website operated by Tazzi as part of the Services.
1. Contractual Relationship
These Terms and Conditions govern the Services provided by Tazzi to the User.
YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Access to and use of the Services by the User is subject to these Terms and Conditions, which the User must read and accept prior to accessing and using them. The acceptance by the User of these Terms and Conditions creates a contractual relationship between the User and Tazzi. If the User does not accept these Terms and Conditions, he will not be able to access or use the Services. These Terms and Conditions expressly revoke any prior contracts or agreements with the User.
Additional provisions, such as rules for a particular event, activity or promotion, may apply to certain Services, and such additional provisions will be communicated to the User via the Application and/or the Website in connection with the applicable Services. The additional provisions complement and will be considered part of the Terms and Conditions for the purposes of the applicable Services, once read and accepted by the User. The additional provisions will prevail over these Terms and Conditions in the event of a conflict relating to the applicable Services.
Tazzi may change these Terms and Conditions from time to time. Changes will be communicated to the User. Upon accessing or using the Services, the User agrees to be bound by these Terms and Conditions, including any changes in force at the time of use of the Services by the User. You acknowledge that you are and will always be free to use the Services or not.
2. The Services
The Services consist of a technological platform that allows users of the Application and/or the Website to organize and request Third Party Services, such as transport and/or logistical services, through Third Party Service Providers. Unless otherwise agreed with Tazzi through a separate written contract entered into with the User, the Services are made available solely for the User's personal (as a Consumer or for professional purposes) and non-commercial use. The User acknowledges that Tazzi does not provide Third Party Services, including transport or logistical services, nor does it function as a transport company, and that all such Third Party Services are provided by Third Party Service Providers who have no employment relationship with Tazzi.
By complying with these Terms and Conditions by the User, Tazzi grants the User a limited, non-exclusive, non-sublicensable, revocable, inalienable license that allows: (i) access and use of the Application and/or the Website on the User's personal device solely in connection with the User's use of the Services; and (ii) access and use of any content, information or related materials that may be made available through the Services, always solely for the User's personal (as a Consumer or for professional purposes) and non-commercial use. Any rights not expressly granted in these Terms and Conditions are reserved by Tazzi and Tazzi's licensors
The User may not: (i) remove any notices relating to copyright, trademarks or other notices relating to industrial property rights from any part of the Services; (ii) reproduce, prepare derivative works based on the Services, distribute, license, rent, sell, resell, transfer, publicly display or present, transmit, broadcast, broadcast or otherwise exploit the Services, unless expressly authorized by Tazzi; (iii) decompile, reverse engineer or disassemble the Services, except as permitted by applicable law; (iv) insert links, or create mirrors or frames of all or part of the Services; (v) cause or run any programs or scripts for the purpose of scraping, indexing, probing or exploiting data from any part of the Services or unduly overload or impair the operation and/or functionality of any aspect of the Services; or (vi) attempt to access without authorization or harm any aspect of the Services or its related systems and networks.
You acknowledge that part of the Services may be made available through Tazzi's various brands or ordering options relating to Third Party Services, including, without limitation, shipping order brands.
Third Party Services and Content.
The Services and all rights thereto are and will remain the property of Tazzi or Tazzi's licensors. Neither these Terms and Conditions nor the use of the Services by the User imply the assignment of any rights to the User: (i) in or in relation to the Services, except for the purposes of the limited license granted above; or (ii) to use or refer in any way to the corporate names, logos, product and service names, trademarks and service marks of Tazzi or Tazzi's licensors.
3. Use of the Services by the User
In order to use most features of the Services, the User must register and maintain an Account. The User must be at least 18 years of age, or the age corresponding to the legal age of majority in the User's legal system (if not 18 years old) in order to obtain an Account. Registering for an Account requires the provision of certain personal data to Tazzi, such as the User's name, address, mobile phone number and age. If the possibility of making cash payments in relation to the relevant Service or Third Party Service in question is not provided, the User may be required to indicate at least one valid means of payment (credit card or payment partner accepted by Tazzi). The User agrees to keep the information contained in his Account correct, complete and up to date. You are responsible for the security and confidentiality of your Account username and password. Unless authorized in writing by Tazzi, the User may only have one Account.
User Requirements and Conduct.
You may not authorize third parties to use your Account. You may not assign or otherwise transfer Your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and You may only use the Services for legitimate purposes (for example, you may not transport illegal or dangerous goods). The User, when using the Services, will not cause any disturbance, discomfort, inconvenience or material damage, nor will he participate in any other illegal conduct, either in relation to the Third Party Service Provider or any other party. In some circumstances, the User may be required to present an identification document to access or use the Services, and the User accepts that he may be denied access to or use of the Services if he refuses to present an identification document.
Tazzi may, at its discretion, create Promotional Codes. The User accepts that the Promotional Codes: (i) must be used by the public and for the purposes for which they are intended, and in a lawful manner; (ii) may not be reproduced, sold or transmitted in any way, or made available to the general public (posted in a public forum or otherwise), unless expressly authorized by Tazzi; (iii) may be deactivated by Tazzi at any time for any reason without implying any liability for Tazzi; (iv) may only be used in accordance with the specific terms established by Tazzi for such Promotional Code; (v) cannot be exchanged for cash; and (vi) may expire prior to its use by the User. Tazzi reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotional Codes by the User or any other user, if Tazzi determines or believes that the use or refund of the Promotional Code has been effected by mistake, fraudulently, illegally or in violation of the terms applicable to the Promotional Codes or these Terms and Conditions.
User Provided Content.
Tazzi may, at its discretion, allow the User to occasionally submit, upload, post or otherwise make User Content available to Tazzi through the Services. Any User Content provided by the User remains the property of the User. However, by providing User Content to Tazzi, the User grants Tazzi a worldwide, irrevocable, alienable and royalty-free license with the right to sub-license, use, copy, modify, create derivative works, distribute, display or present publicly, or otherwise exploit in any form such User Content in all formats and distribution channels currently known or created in the future (including in connection with the Services and commercial activity of Tazzi, and on third-party websites or services) , while such rights are in force, without any notice to the User or consent of the User, and without any obligation to pay the User or any other person or entity.
The User represents and warrants that: (i) it is either the sole and exclusive owner of all User Content or that it holds all rights, licenses, authorizations and permissions necessary to grant Tazzi the license for such User Content. as set out above; and (ii) neither the User Content nor the User's submission, uploading, posting or otherwise making available such User Content, nor Tazzi's use of the User Content as permitted in these Terms and Conditions will infringe or violate the intellectual property or industrial property rights of third parties, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal or otherwise offensive, whether or not such material is protected by law. If Tazzi is informed of such User Content, Tazzi has the right to review, monitor or remove such User Content.
Access to network and devices.
The User is responsible for obtaining access to the data network necessary to use the Services. The User's mobile network fees and charges applicable to data and messages may apply if the User accesses or uses the Services from a Wi-Fi enabled device, and the User shall be responsible for such fees and charges. The User is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Application and/or the Website and any updates thereto. Tazzi does not guarantee that the Services, or any part of them, will work on certain hardware or devices. In addition, the Services may suffer from malfunctions or delays inherent in the use of the Internet and electronic communications.
4.1 General provisions
The Services are provided by Tazzi to the User free of charge. Tazzi reserves the right to introduce a fee for the provision of the Services. If Tazzi decides to provide for such a fee, it will inform the User of this fact and allow him to maintain or terminate his access to the Services through the Application and/or the Website, at the User's discretion.
The User understands that the use of the Services may result in Fees for the User as a result of the Third Party Services provided to him by Third Party Service Providers. By ordering Third Party Services through the use of the Services, the User is deemed to have agreed to pay the Fees relating to the Third Party Service requested, as communicated and described to the User in the Application and/or on the Website prior to the User's request.
The payment structure described in this Section 4 is intended to fully compensate the Third Party Service Provider for the Third Party Services provided.
4.2 Terms relating to the payment of Charges
As for the relationship between the User and Tazzi, the User acknowledges and accepts that Charges may be established, removed and/or revised for all or any Third Party Services under the terms set forth herein, it being agreed that the applicable Charges are those in force at the time when the User's request for Third Party Services is definitively made through the Application and/or the Website through the use of the Services.
Tazzi or a Tazzi affiliate may make it possible to pay Charges in respect of Third Party Services that You have requested through the App and/or the Website as limited billing agent for the relevant Third Party Service Providers. Payment of Charges made in this way will be deemed equivalent to payment made directly by the User to the Third Party Service Provider.
All Charges are due immediately and payment will be made possible by Tazzi, as the case may be, through the preferred payment method designated in the User's Account, and following such payment Tazzi will send a receipt by email to the User. If the primary means of payment for the User's Account has expired, is invalid or otherwise cannot be used, the User accepts that Tazzi or its affiliate may, as the Third Party Service Provider's limited billing agent, use such a means of secondary payment indicated in the User Account, if available.
Charges will already include applicable taxes, fees and contributions, including VAT when required by law. In Portugal, the Charges will be in euros.
Charges paid by the User are final and non-refundable, unless otherwise stated in these Terms and Conditions or otherwise decided by the Third Party Service Provider.
You retain the right to claim lower Charges from a Third Party Service Provider for Third Party Services provided to You upon receipt of such Third Party Services. Tazzi will respond accordingly to any request by a Third Party Service Provider to modify the Charges relating to a particular Third Party Service.
Fees applicable to Third Party Services provided by a Third Party Service Provider can be found on the Application and/or Website, as the case may be. These can be changed or updated from time to time. As part of the User's reservation request and depending on the Third Party Service and/or the location in question, the Application and/or the Website will inform the User of the Fees or provide an estimate of the Fees that will be charged for the provision of the Third Party Services .
Tariffs may take into account, by way of example and depending on the Third Party Service requested, the distance, the duration of the Third Party Services, the area in which the Third Party Services are provided, any price spikes and any changes agreed with the Third Party Service provider. The User recognizes and accepts, in particular, that the Tariffs applicable when placing an order in certain geographic areas may significantly increase in times of greater demand, within the legally applicable limits. The User is responsible for keeping himself informed about the Rates in force at all times. Changes to the User's initial order and/or the performance of the relevant Third Party Service may entail a revision of the Fees.
4.4 Additional Charges
Additional Charges may apply to the User in connection with Third Party Services, as indicated in the Application and/or on the Website. The amount of each Additional Charge is indicated on the Application and/or on the Website, as the case may be, and is available at the time of validating the corresponding order. Additional Charges will be charged to the User through the payment method chosen by the User for his order.
Additional Charges may include, inter alia, tolls, surcharges or other amounts incurred by Third Party Service Providers in connection with the provision of the relevant Third Party Service requested by the User, and the following:
If the User makes the Third Party Service Provider wait before the start or during the provision of the Third Party Services beyond the period of time indicated as free on the App and/or on the Website, Tazzi may charge the User a waiting fee for the benefit of the Third Party Service Provider.
With regard to the nature of the Third Party Services, the User acknowledges, as a Consumer, that he has no right of cancellation in connection with the Third Party Services. However, as a commercial gesture, Tazzi may offer the User the possibility to cancel the requested Third Party Service, in which case Tazzi may charge the User a cancellation fee for the benefit of the Third Party Service Provider. The terms and amount of such cancellation fee are communicated to the User in the Application and/or on the Website, as the case may be, and will be available upon validation of the corresponding request.
Repair or cleaning.
You will be responsible for the cost of repairs due to damage or cleaning that may prove necessary to vehicles and goods of the Third Party Service Provider resulting from the use of Third Party Services through your Account that exceeds the necessary wear and tear resulting from normal use of them. If a Third Party Service Provider reports that need for repair or cleaning after the User has used the relevant Third Party Service provided by such Third Party Service Provider, and such request for repair or cleaning proves reasonable after verification by Tazzi, Tazzi may charge the User a cleaning fee for the benefit of the Third Party Service Provider.
4.5 Promotional actions
Tazzi may from time to time grant certain users promotional offers and discounts that may result in charging different amounts for the same or similar Third Party Services obtained through the use of the Services, and the User accepts that such promotional offers and discounts, unless also made available to the User, will have no impact on your use of the Services, Third Party Services and/or the Charges applied to you.
Except, in applicable territories, for some taxi transport services that may be requested using the Services, Tazzi does not affect any part of the payment made by the User to the Third Party Service Provider. Any statement by Tazzi (on the Website, in the App or in Tazzi's advertising materials) that the gratuities are "voluntary", "non-mandatory" and/or "included" in the payments you make for certain Third Party Services provided it is not intended to imply that Tazzi provides any additional amounts, beyond those described above, to the Third Party Service Provider. The User understands and accepts that, although he may freely make an additional payment as a gratuity to any Third Party Service Provider providing him with Third Party Services obtained through the Services, he is in no way obligated to do so. Gratuities are voluntary. An additional payment as a gratuity is paid on the same terms as the Charges. Gratuities are given permanently and are non-refundable, unless otherwise specified in these Terms and Conditions. After receiving Third Party Services obtained through the Service, You will have the opportunity to rate your experience and leave additional feedback about your Third Party Service Provider.
5. Exclusion of liability; Limits to Liability; Indemnity; Resolution.
The limits and exclusions of liability contained in paragraphs 5.1 and 5.2 below are not intended to impose any limit on Tazzi's liability or to alter the User's rights as a Consumer which cannot be excluded under applicable law.
5.1 General responsibility of Tazzi
The User accepts that Tazzi is a technological platform and that Tazzi does not provide the Third Party Services requested through the use of the Services. Consequently, Tazzi's liability is limited to the accessibility, content, use and proper functioning of the Services.
Exclusion of Tazzi's Liability.
The Services are provided "as is" and "as available". Tazzi does not accept any representations and warranties, express, implied or statutory, not expressly set out in these Terms and Conditions, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Tazzi makes no representations or warranties regarding the reliability, timeliness, quality, adequacy or availability of the Services or Third Party Services or that the Services will be free from interruptions or errors. Tazzi does not guarantee the quality, suitability, safety or capability of Third Party Service Providers. You agree to bear the full risk arising from your use of the Services or Third Party Services, in accordance with the maximum limits permitted by applicable law or except as provided herein.
Limits to Tazzi's Liability.
Tazzi will not be liable for indirect, incidental, special, or punitive or consequential damages, such as lost profits, loss of data, bodily harm or property damage related to or resulting from the Services, even if Tazzi has been advised of the possibility of such damages. Tazzi will not be liable for any damages, liability or loss resulting from (i) the User's use of or dependence on the Services or the User's inability to access or use the Services; or (ii) any transaction or relationship between the User and any Third Party Service Provider, even if Tazzi has been informed of the possibility of such damages. Tazzi will not be liable for any delays or defaults resulting from causes beyond Tazzi's reasonable control. The User acknowledges that third party transport service providers providing the requested services may, to the extent permitted by applicable regulations, offer ridesharing or peer-to-peer transport services, and may not be holders of a license or other professional permit. Tazzi's total liability to the User in connection with the Services for any damages, losses and causes for claiming will never exceed five hundred euros (€500).
5.2 Tazzi's Specific Responsibility for Transport.
Without prejudice to anything to the contrary in these Terms and Conditions, and in accordance with applicable law, Tazzi will not contest any decision that determines its objective and joint liability in Portugal together with the Third Party Provider of Private Transport Services provided in Portugal to the User as a result of a previous booking made through the Services. In this regard, the User specifically acknowledges that Tazzi does not provide any of the aforementioned transport services, but that its Services are solely those of an electronic platform operator under the terms of applicable Portuguese law.
However, Tazzi will not be liable objectively and jointly (in whole or in part) in the event of non-provision or deficient provision of the transport services in question when such non-delivery or deficient provision is attributable to the User, or when such non-delivery or deficient provision is the result of an unforeseeable and insurmountable cause attributable to a third party in relation to the provision of transport services, or in case of force majeure.
5.3 User's liability towards Tazzi.
It is the User's responsibility to take all appropriate measures to protect their electronic equipment and the data stored on their equipment from any damage caused by using the Internet.
The User shall be liable for any damages suffered by Tazzi as a result of the User's breach of these Terms and Conditions, the User's use of the Services, Tazzi's use of the User Content of the User, and the breach of the rights of any third party, including Third Party Service Providers.
The User agrees to indemnify and hold harmless Tazzi and its officers, directors, employees and agents with respect to any and all claims, loss, liability and expense (including attorneys' fees) arising out of or in connection with: (i ) the User's use of the Services or Third Party Services obtained through Your use of the Services; (ii) failure to comply with any of these Terms and Conditions; (iii) Tazzi's use of its User Content; or (iv) the violation by the User of the rights of any third party, including the Third Party Service Providers.
The User acknowledges that he is free at all times to use or not the Application, the Website and/or the Services. The User and Tazzi may terminate these Terms and Conditions or cancel any Services if the other party violates the provisions of these Terms and Conditions. If Tazzi terminates these Terms and Conditions, the User remains responsible for the payment of the Third Party Services provided to him through the use of the Services until such termination. Additionally, Tazzi may in general cease to provide or deny access to the Services or any part of the Services if the User fraudulently uses his Account or the associated Services, or if he does not maintain the correct, complete and up-to-date Account information , particularly if an invalid or expired payment method is indicated on the Account. In particular, if Tazzi is unable to collect the Charges due through the means of payment indicated by the User, Tazzi may suspend or remove, in whole or in part, the User's access to the Service as long as the amount in question has not been paid.
6. Applicable Law; Arbitration.
6.1 Specific alternative dispute resolution mechanisms available to Consumers in Portugal
In accordance with applicable Portuguese law, conflicts of a contractual nature relating to the execution of a contract for the provision of services by Tazzi that could not be decided in the context of a complaint previously filed with Tazzi's customer service department or the authorities competent public authorities, may be submitted to alternative dispute resolution mechanisms.
Additional information on alternative dispute resolution mechanisms can be found at https://www.consumidor.gov.pt/parceiros/sistema-de-defesa-do-consumidor/entidades-de-resolucao-alternativa-de-litigios-de -consumo/ral-mapa-e-lista-de-entidades.aspx or elsewhere, as advertised by the Directorate-General for Consumers.
If alternative dispute resolution mechanisms fail, the procedure below will apply.
6.2 Applicable law and dispute resolution
The provisions of this article do not revoke the mandatory provisions of Portuguese law applicable to Consumers, and these Terms and Conditions shall be governed by and construed in accordance with such mandatory rules, where applicable, and any dispute will be definitively referred and resolved by the competent Portuguese courts.
In all other cases, these Terms and Conditions will be governed exclusively by Netherlands law and will be construed in accordance therewith, except for its conflict of laws provisions. The 1980 Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply. Any dispute, conflict, action or dispute arising in connection with or relating to the Services or these Terms and Conditions, including those relating to their validity, interpretation or enforceability (any "Conflict") shall first be subject to mediation proceedings under of the Mediation Regulations of the International Chamber of Commerce ("ICC Mediation Regulations"). If such Conflict has not been resolved within sixty (60) days after the submission of a request for mediation under the ICC Rules of Mediation referred to above, such Conflict may be referred to arbitration and shall be decided exclusively and definitively through the arbitration proceeding under the Arbitration Rules of the International Chamber of Commerce ("ICC Arbitration Rules"). The provisions of the ICC Rules relating to the appointment of an Emergency Arbitrator do not apply. The Conflict will be resolved by one (1) arbitrator to be appointed pursuant to the ICC Rules. The venue for both mediation and arbitration will be Lisbon, Portugal, without prejudice to any rights the User may hold under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6: 236n of the Civil Code of Portugal. The language of mediation and/or arbitration will be English, unless the User does not speak English, in which case the mediation and/or arbitration will be conducted both in English and in the User's mother tongue. The existence and content of the mediation and arbitration process, including documents and documents submitted by the parties, correspondence to and from the International Chamber of Commerce, mediator correspondence, and correspondence, orders and decisions issued by the sole arbitrator, shall be kept strictly confidential and not will be disclosed to any third party without the express written consent of the other party, unless: (i) disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration process; and (ii) the third party unconditionally accepted in writing is bound by the confidentiality obligation set forth herein.
7. Other provisions
Actions for Copyright Infringement.
Actions for copyright infringement must be sent to the agent designated by Tazzi. The User should send an email to firstname.lastname@example.org
Tazzi may make notifications via a general notice on the Services, by email sent to the User's email address indicated in the User's Account, or by written communication sent to the User's address indicated in the User's Account. The User may notify Tazzi by written communication sent to the Tazzi address to be defined.
The User may not assign or transmit these Terms and Conditions in whole or in part without the prior written consent of Tazzi. The User gives his consent to Tazzi to assign or transmit these Terms and Conditions in whole or in part, including: (i) to a subsidiary or affiliate; (ii) to an acquirer of Tazzi's capital, business or assets; or (iii) to a successor by virtue of the merger. There is no joint venture, partnership, employment or agency relationship between the User, Tazzi and any Third Party Service Provider as a result of the contract between the User and Tazzi, or the use of the Services.
If any provision in these Terms and Conditions is found to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall, to that extent, be deemed not to form part of these Terms and Conditions, but the legality, validity and enforceability of the other provisions of these Terms and Conditions will not be affected unless the illegal, invalid or unenforceable provision is essential and a condition of acceptance by the User of these Terms and Conditions. In this case, the parties will replace the illegal, invalid or unenforceable provision or part of it with a provision or part that is legal, valid or enforceable, and which has, as far as possible, an effect similar to that of the illegal, invalid or unenforceable provision or of part of this, taking into account the contents and purposes of these Terms and Conditions. These Terms and Conditions fully embody the agreement and commitment between the parties regarding its object, and replace and prevail over any prior or contemporaneous agreements and commitments regarding such object. In these Terms and Conditions, the words "including" and "namely" mean "including, by way of example".