Ongenda Terms and Conditions

Last Review: March 2018

Terms and Conditions of Use

Definitions

Hereby recognise, for the effects of the following agreement, the following definitions:
"Service" - Scheduling, Management and Marketing, made available by "Ongenda";
"Bystart,Lda" - Service provider, collective body number 510136109 and holder of the brand “Ongenda” registered with the number 598589;

"Professional User" - Natural or collective person that uses the Service and additionally provides services;
"User" - Natural or collective person that uses the Service. Includes all “Professional Users”;
"Account" - Each User Personal Area;
"Ongenda" - Website where the Service is provided.

General Conditions

The use of this Service and of Ongenda imply the acceptance, full and without reservations, of all the dispositions included on these Terms & Conditions of Use, as well as all the dispositions contained on Ongenda’s Privacy Policy.

Ongenda reserves the right to change periodically and without prior notice, the Terms & Conditions and the Privacy Policy, the User shall consult, prior to use, the documents in force. In case of non-integral accordance with the disposed, should abstain from using the Service.

The User may consult the Terms & Conditions actual version, at any moment, on the following address: www.ongenda.com

Any new resource that changes, improves or perfects the current Service, including new tools release, is subdued to the conditions stablished on Terms & Conditions and Privacy Policy in force.

The violation of any of the stablished conditions on Terms & Conditions confers Bystart, Lda. the right to shut down the offender User Personal Area and prevent it to use the Service.

Legal Capacity

The use of this Service is destined to people with exercise ability under the Portuguese law.

All the people resident, domiciliated or based in other countries, that not Portugal, shall be assured that they are allowed access and use of the Service and respective website.

Privacy

We are committed in protecting your privacy as well as other users.

Regarding any information we process, we seek on using the most effective safety measures having the assurance of your maximum protection at sight.

When you provide us information, you confirm that we may proceed to its process in order to manage and provide the services by you requested.

For further details, please consult our Privacy Policy.

Titularity and Intellectual/Industrial Property

All the rights of intellectual and industrial property on Ongenda, its contents and provided Services are property of Bystart, Lda., unless expressly indicated otherwise.

The User accepts that the Service contains protected and confidential information protected by the applicable legislation.

The User can not duplicate, copy, reproduce, redistribute or reuse any part of Ongenda or Service without Bystart, Lda. express written permission, under penalty of incurring in civil and criminal responsibility.

The User is responsible for all activity and all the content inserted in its Personal Area. By sending or transmitting contents to Ongenda, the User declares being rightful owner of those contents rights of use and grants Bystart, Lda. a nonexclusive, global and free license to use, reproduce, explore and prepare work derivate from submitted information.

The information shared by the User on Ongenda’s or the Service public areas will not be considered as confidential information.

The User understands and agrees that Bystart, Lda. can not be held responsible for any content inserted or presented while using the Service.

To Use Ongenda or Service

To be able to use all of the Service features, the User has to register at Ongenda, providing certain personal data for the effect. The use of Ongenda as a registered User will allow you to enjoy of promotions launched by the Professional Users, on the specified terms of each available promotion.

The User is fully responsible for the creation and use of its password, being the same personal, untransmissible and confidential. The User commits to inform Bystart, Lda. immediately in case you know your password’s confidentiality is compromised. Bystart, Lda. can not be held responsible for any loss or damage resulting of third parties undue access to a User’s Personal Area.

It is not permitted to share a Personal Area access data between different Users. Each User shall define and use access data unique and untransmissible.

Besides these Use Terms, the use that the Users might make of links to Professional Users websites or Bystart, Lda. associates may be under added terms and conditions. On these cases, we request you to be sure of such complementary terms and conditions prior to use the websites and/or purchasing the provided services and products.

The User acknowledges that Bystart, Lda. does not sponsor any of the linked websites, or any website with links to Ongenda, and that Bystart, Lda. is not responsible for the content on those websites.

The User acknowledges that: (i) the Internet is a worldwide computer network and any information sent or transmitted by him will be necessarily forwarded to third parties computers; (ii) Bystart, Lda. is not held responsible for communication safety breaches and does not assume any responsibility for undue use of its information by third parties; (iii) the Service is provided online, and Bystart, Lda. is not held responsible for any connectivity failure and inherent use impossibility.

Bystart, Lda. does not assure that (i) the Service fulfils all the User’s specific needs, (ii) the Service is continuous, in due time, safe or error free, (iii) the results obtained with the Service use to be exact or reliable, and (iv) any errors existing on the Service to be corrected.

The User expressly understands and agrees that Bystart, Lda. can not be held responsible for any direct, indirect, accidental, special, consequential or exemplar damages, including but not limited to: profit loss damage, undue use damage, data and other tangible or intangible losses resulting of using the Service.

Restrictions on the Use of Ongenda or Service

In connection with the use of Ongenda, the User undertakes not to:

• Using any mechanism, computer program or technology to interfere with or attempt to interfere with its normal operation;

• Send or transmit to the Ongenda information that is illegal, fraudulent, defamatory or obscene;

• Send or transmit to the Ongenda information that contains viruses or bugs;

• Publish, represent, distribute, create derivative works, reproduce or use the content of Ongenda (excluding express and prior use);

• Send or transmit information that violates the intellectual and industrial property rights of others;

• Develop any activity that overburdens the Ongenda infrastructures;

• Insert, host, upload, transmit or send unsolicited "spam" messages;

• Expose any part of Ongenda’s contents through the use of framing, links or other technology without Bystart, Lda. written and expressed authorization.

Payments and Refunds - Professional Users

1. The Service is charged in advance according to the periodicity contracted (monthly or annual) and is non-refundable.
   1. The existence of periods without use or without access to the Personal Area, are the responsibility of the Professional User and do not justify the reimbursement.
   2. Upgrading the subscribed plan implies a price adjustment.
   3. It is possible to downgrade the subscribed plan, with the pricing affecting the respective plan, in the contiguous renewal.
   4. Non-renovation pretension is forcibly communicated with a minimum ten days previous notice.
   5. The infringement of the previous clause implies an automatic service renovation.
2. The Professional User may make payment for the Service contracted through ATM reference, bank transfer, credit card, or other forms of payment indicated on the invoice or on Ongenda. Prices associated with the subscription of the Service are presented in Euros, not including the tax at the legal rate in force.

Subscrition Cancelation

The Service subscription cancelation can only be made through the Administrator Personal Area. All other procedures are not valid.

Sending an email message or making a phone call requesting the subscription cancelation are not considered valid procedures for cancelation.

Former to the User’s subscription cancelation, the content on the Personal Area will be erased and it is not possible to retrieve that information.

Bystart, Lda. may, at any time, without justification or prior notice, to cease, restring, suspend or revoke a User’s access to part or to the entire Service, in case, discretionally, is using the Service unduly or violating the Use terms and Conditions.

Bystart, Lda. reserves the right to refuse the Service to any natural or collective person for any motive, at any time.

Modifications to the Service, Ongenda and Prices

Bystart, Lda. reserves the right to, at any moment, modify or discontinue, temporarily or permanently, the Service (or part of it) without prior notice or a thirty-day notice in the case of permanent discontinuity.

The User expressly accepts that Bystart, Lda. provides automatically such modifications or corrections as part of the Service.

Bystart, Lda. may also proceed to temporary interruptions and modifications on the Service or website, decurrent of corrections or software problems, features improvements, general improvements, or Service new versions, with the pursuit to improve the Service provision, aiming for the User’s maximum satisfaction and benefit. Bystart, Lda. will not be held responsible towards the User or third parties for any damage resulting from the cessation or suspension of Ongenda, the Personal Area or the User’s access to the Service.

The prices practiced by Bystart, Lda. regarding Ongenda, including but not limiting the Service monthly subscription, may suffer changes. The User may consult the prices in force on Ongenda’s website (www.ongenda.com).

The User or third parties cannot hold Bystart, Lda. responsible whether contractual, extracontractual, criminal or other form, for any price modification or alteration, or Service suspension or closure.

Service Scheduling

The User acknowledges and agrees that Ongenda works only to ease the process of service scheduling.

The appointment is only confirmed when the User receives a confirmation message sent by Ongenda, in representation of the Professional User.

In case the User wishes to cancel the appointment, he may do so, using (i) the link provided on the confirmation email, or (ii) through the conventional means.

The User must certify to arrive to the professional User establishment on time. In case of non-attendance on scheduled time, the appointment may be cancelled.

The booking of services through Ongenda does not grant the User any type of guarantee of service delivery by the chosen Professional User, on the selected date.

Performing the services, to which appointment was made by the User through Ongenda, are solely responsibility of the chosen Professional User, on the selected date.

Bystart, Lda. informs that the services scheduled through Ongenda will be charged by the Professional User, and not by Bystart, Lda.

Ongenda contains strictly indicative information on the prices practised by Professional Users on provision of service. The information relative to pricing is provided by the respective Professional User, not being Ongenda able to assure its updating.

The User acknowledges and agrees that Bystart, Lda. cannot be held responsible for any damage, direct, indirect, accidental, special, consequential or exemplar damage, including but not limited to: (i) arising damage from non-performance of the services scheduled through Ongenda, (ii) arising damage from delays on performing the services scheduled through Ongenda, (iii) arising damage from insatisfaction caused by the services scheduled through Ongenda, and (iv) data or other tangible or intangible losses resulting from the Service use.

Community Participation Good Practise

Ongenda allows the User to share photos, videos and comments.

Talk to us: Ongenda requests the Users to report the existence of inappropriate content, through the email: ongenda@ongenda.com

Personal Data

The User guarantees that all the personal data/information provided to Bystart, Lda. and consequently, to Ongenda are true and updated.

It’s the User’s responsibility alone any false or non-exact statement provided and the prejudice caused, direct or indirectly, to Bystart, Lda. or associates with the provided information.

Bystart, Lda. will handle the User’s personal data for effects of executing the Service and scheduled appointments made on the chosen Professional Users, respecting applicable law. The User’s personal data may be used to provide the professional user of important information about the Service the User intends to use, such as appointment request, changing or cancelling services.

In addition, with the User’s consent, may be sent information concerning other Ongenda or Associates’ services. Bystart, Lda. will not communicate the Users personal data with third parties without its consent.

The User may consult, change or erase the personal data transmitted to Ongenda by addressing a written request. See Privacy Policy.

Responsability Exclusion

The User acknowledges that the access and use of Ongenda may suffer from interruptions and that the information on Ongenda may contain bugs, errors, technical failures, problems or other limitations and the access may not be possible on determined moments. Bystart, Lda. is not responsible for any damage caused by using Ongenda.

On the maximum terms permitted by law, Bystart, Lda. excludes any responsibility by using the Service.

Law and Court

To the present Use Conditions is applied the Portuguese law. For any dispute arising between Bystart, Lda. and the User are solely competent the judicial courts of Braga county.

Contacts

In case you intend to contact Bystart, Lda. about the content on Terms and Conditions of Use, or other queries, you may do so through the email: legal@bystart.com or ongenda@ongenda.com or still using the following address:

Avenida da República n.º1,
4730-251 Lage-Vila Verde
Portugal