GENERAL TERMS AND CONDITIONS
1. GENERAL INFORMATION
The PORTUTEL, LDA (hereinafter called «Τhe Company», is based in Portugal (Avenida 5 de Outubro, 124-7.º Andar Lisboa) with 516091794 which is registered to the relevant Chamber of Commerce with number 516091794 site : https://portutel.com/email: [email protected]
Απαραίτητη προϋπόθεση χρήσης της Υπηρεσίας NITROFILM είναι να είστε άνω των 18 ετών, καθώς και να σας έχει δοθεί η άδεια του ατόμου που πληρώνει τον λογαριασμό κινητής τηλεφωνίας.
The Services that are provided to their recipients by the Company, as also their use, are regulated by the hereby T&Cs. It is highlighted that any displayed T&Cs at official website of the Company https://portutel.com/ are integrated in these T&Cs in an unconditional and equivalent way, forming an undivided text (hereinafter called “the Terms”).
The content of the hereby Terms constitutes the entire agreement between the Company and the recipients of the Services (hereinafter called “the Customer” or “the End User”). By using the Company’s Services, the End User explicitly and unreservedly accepts his/her abidance with the Terms.
2. MODIFICATION OF THE TERMS
The Company is entitled to amend these T&Cs at any time and without an obligation of a previous notice of the Customer. . Any amendment of the Terms is immediately effective against all the “Customers”, upon the post of the modified T&Cs at the Company’s official website. Such amendments are indicatively necessary in the context of the Company’s alignment with legislative modifications or changes in relation to the provided Services. For that reason, the “Customer” should regularly visit the Company’s website, in order to be timely aware of any modifications.
In any case of End User’s disagreement with the text of modified T&Cs, the latter is obliged to discontinue immediately the use of the Services, otherwise the Company has no liability.
3. TYPE AND CONTENT OF THE PROVIDED SERVICES
The kind of the provided Services to the End Users by the Company refers to digital and other related services, such as, indicatively and without limitation, text messages, games, competitions, sound or/and image files (hereinafter called “the Content Services”).
The Content Services are provided online by the Company, through the End User’s Mobile Phone Operator (hereinafter called “the Operator”) via Short Message Services (‘SMS’), General Packet Radio Services (‘GPRS’) and/or Third Generation Services (‘3G’) or any other relevant means.
In the context of the constant Company’s search for ways that improve the End User’s experience during the use of the Services, the latter may add or remove functionalities and features, suspend or even stop any of its Services. The Content Service NITROFILM is offered to the End Users in Greece through the technical infrastructure and the 5 digit short codes of the company with name DATASMS, based on 25th March 11 PC 15232, Chalandri-Athens, CCL: : 2112348319, [email protected]
By accepting these Terms and Conditions, you expressly consent to the registration of the service, the creation of an account and the provision of the digital content service and you also confirm and acknowledge that by this acceptance you expressly waive your right of withdrawal within 14 days of registration and the digital service purchase"
4. CHARGES
Charges may vary depending on the provided Services, and in particular: i) subscription to Content Services, (ii) free credits for file downloading (“Service Club”) and (iii) individual orders.
The invoicing of the provided Services’ charges may vary as follows: i) for regular subscriptions, the charges are invoiced to the Customer’s Operator account and ii) for prepaid subscriptions, the charges are deducted from the Customer’s credit balance.
By using the Company’s services, the Customer accepts completely the Company’s charges, as the latter are posted at Company’s website, as also the Customer is obliged to pay them in full.
The Customer will be charged by his/her Operator for all the text messages that are sent and according to the standard charges, as they may vary depending on the Operator.
The text messages that are delivered to End Users via the 5-digit code 19488 (CALL2ACTION, welcome message, a monthly update, 15 days reminder, delete confirmation) are free of charge.
The charge of the subscription service is 2.29 € per SMS (3SMS/week = 12 SMS per month) (including VAT and telco fees) to be received by the 5-digit code 54008 or 0.57 € per SMS (12SMS/week = 48SMS per month) (including VAT and telco fees) to be received by the 5-digit code 54444. Final SMS Price
Furthermore, the Company reserves the right to unilaterally modify its Charges. Any modification of Charges is effective against all, upon displaying at the Company’s website (COMPANY SITE). The already existing Customers shall be informed of any charges’ modifications via text message one week prior to said modification. The modified Charges shall apply to the new Customers, as also to the already subscribed Customers at the time of the modification, if they continue to use Company’s Services upon the aforementioned notification.
In the context of the Services’ provision, the Company may record the End User’s mobile number in its computer system. By using the Company’s Services, the End User agrees with the above-mentioned record and accepts that it is necessary for the Services’ provision to him/her.
5. END USER’S RIGHTS
By using the Company’s Services, the Company grants to the End User the permit of receiving, downloading, storing and projecting Content Services. The sole purpose of said permit is to enable the End User of using and enjoying the benefits of the Services, as they are provided by the Company in compliance with T&Cs. For that reason, the said permit is personal, non-exclusive and non-assignable.
The End User may receive service announcements, administrative messages and other information, in connection with the use of the Services. In any case, the End User may opt out of some of these communications.
6. END USER’S OBLIGATIONS
The End User’s fundamental obligation is his/her compliance with any Company policies in relation to the provided Services. The End User is also obliged to use the Services with a lawful manner and in full compliance with the national legislative framework.
Particularly, the End User must refrain from any misuse of the Services, as such referred, indicatively and without limitation, the attempt of having access to them with a way that is not compliant with the Company’s policies, conditions and instructions.
In any case, it is not provided to the End User the permit of copying, reproducing, modifying, creating derivative works (such as those resulting from translations, adaptations or other changes), communicating, publishing, publicly performing, transferring, selling, leasing, distributing and, in general, trading, or using in any other non-authorized way the Content Services or part of them, unless the Company expressly consents to said use.
7. LIABILITY-WARRANTIES AND DISCLAIMERS
No Company’s liability is determined for any damages that may be incurred to the End User in relation to the Services. In any event, the total liability of the Company for any claims that may incurred under these T&Cs, including any implied warranties, is limited to the amount that End User paid to the Company for the Services.
In a case of a disruption of Services’ use, the End User cannot claim reduction of the charges or reimbursement for charges that have already been paid.
In the context of the provision of the Company’s Services, the latter uses a reasonable level of skill and care, as it is expected by the common commercial practice and the transactions. Although, the Company does not undertake any specific commitments regarding to the provided Services, such as, about the specific functions of the Services or their reliability, availability or ability to meet End User’s needs. Consequently, the Company provides the Services to the End User “as they are”.
Any disruption or difficulty of End User’s access to the Services due to factors that are unpredictable and unavoidable by the Company, beyond the Company’s reasonable control (such as technical problems to the Operator’s network), is possible at any time. In the above-mentioned case, the Company expressly disclaims any liability.
8. INDEMNITY
The End User commit to not provoke damage to the Company in relation to the use of the Services and in full respect to these T&Cs. In any case of Company’s damage or violation of these T&Cs, the End User is obligated to indemnify the Company and its officers, employees and associates about any claim, action or proceedings before any juridical, administrative or any other competent authority, arising from or related to the use of the Services or violation of these T&Cs. As above potential claims of the Company can be, indicatively and without limitation, any liability or expense arising from claims, losses, damages, judgments, litigation costs and legal fees.
9. TERMINATION
The Company has the right to terminate immediately or limit the End User’s access to the Services, with or without prior notice, because of the following reasons: (a) breach of these T&Cs, (b) requests by law enforcement or other competent government authorities, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) engagement by the End User in fraudulent or illegal activities, (f) non-payment or delayed payment of any Charges owed by the End User in connection with the Services, (g) following the End User’s Operator relevant request.
Upon requested termination by the Company, the End User shall not have access to the Services, regardless of whether the End User has already paid the applicable Charges for said Services, as also in this case, the End User has no right to request the refund of them.
Any termination or limitation of access shall be made in Company’s sole discretion, as also the Company shall not be liable to the End User or any third party for any termination or limitation of access to the Services.
The End User may request the discontinuance of the Services’ use at any time.
10. INTELLECTUAL PROPERTY
The term Intellectual Property rights, includes, indicatively and without limitation, trademarks, trade names, copyrights, database rights, registered designs, patents and any other similar rights.
The Intellectual Property Rights are protected in any country, together with pending applications for registration, that are related to the Company’s Services and/or its website shall at all times remain the property of the Company.
11. ASSIGNMENT
It is not allowed the assignment or the transfer of any End User’s rights and/or obligations.
The Company has the right at its discretion to assign the whole or any part of its rights and/or obligations under these T&Cs, without any restriction.
12. DATA PROCESSING
Upon the use of the Services, the Company collects and uses specific personal data regarding the End User for commercial purposes. The use of personal data that are collected by the Company is realized as described in its Privacy Policy, a copy of which is displayed at the Company’s website, and in full compliance with data protection legislation (General Data Protection Regulation (EU) 2016/679 (GDPR), as it applies.
By using the Company’s Services, the End User declares expressly and unconditionally that he/she agrees to the aforementioned process. In any case, the End User maintains the right of object to the said processing by sending an email to [email protected]
13. OTHER TERMS
Severability. In the case that any provision of these T&Cs is determined as void, invalid or unenforceable, then it is not affected the validity of the others provisions and terms, all of which remain in full force and effect.
Forbearance. No forbearance, delay or indulgence in claiming any right by the technical provider company in Greece DATASMS, in relation to the enforcing of these T&Cs, can prejudice or affect its rights and remedies nor can be considered as waiver of any existing right or right that could be violated by any subsequent breach.
English Language. In the event of any inconsistency between the English and Greek version of these T&Cs, the English version shall prevail.
14. GOVERNING LAW-JURISDICTION
These T&Cs shall be governed by Greek Law and any dispute arising from the interpretation and/or application and/or termination of these T&Cs shall be referred to and determined by the Courts of Athens, Greece having exclusive jurisdiction.
