PLURALO is an online platform, managed by Capitães da Areia, Lda., NIPC 514256826, with registered headquarters at Passeio dos Oceanos - Quinta da Orada, Lote 3, Loja 24 8200-394 Albufeira, Portugal and registration number NIPC 514256826 (hereinafter “PLURALO”), that optimizes the partnership/commercial relationship between Service Providers, Agent Resellers, Locals and Consumers for the promotion and sale of tourist activities.
As used in these Terms and Conditions, "we" and "us" means PLURALO, and “you”, “user” and "Local" means the applicant.
Access to the program “PLURALO LOCALS” is limited to natural persons who are of legal age and have the capacity to enter into binding contracts. You cannot adhere to this program if you are, or are acting as a representative, of a legal entity.
Your use of PLURALO products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by PLURALO under a separate written agreement) is subject to the terms of a legal agreement between you and PLURALO. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with PLURALO, your agreement with PLURALO will always include, at a minimum, the terms and conditions set out in this document. Your agreement with PLURALO will also include the terms of any Legal Notices applicable to the Services, in addition to these Terms and Conditions. All of these form a legally binding agreement between you and PLURALO in relation to your use of the Services. It is important that you take the time to read them carefully.
By using PLURALO, you accept these Terms and Conditions, including the additional and specific information that may be available, as well as other policies applicable to the Services. The policies or legal notices applicable are an integral part of the Terms and Conditions and cannot be divided (hereinafter referred to as “Terms and Conditions” or the “Agreement”).
If you do not accept the Terms and Conditions, you will not be able to use the Services.
When agreeing with these Terms and Conditions, the user declares that, by accessing PLURALO Services, has the legal age and the legal capacity to, according to the Law, provide consent and be contractually bound in the execution and provision of the Services.
The violation of the previous paragraph means the immediate termination of this Agreement, without prejudice to any compensation that PLURALO may claim for potential damages or losses that may have occurred as a result of false declarations.
PLURALO has the right to refuse the supply of any Services to any person, for any reason, at any moment.
PLURALO is a platform that optimizes the partnership/commercial relationship between Service Providers, Agent Resellers, Locals and Consumers for the promotion and sale of tourist activities provided by the Service Providers.
PLURALO will provide to the Local an operational tool which allows you to:
• connect with Service Providers for the promotion of their products and/or services;
• generate recommendation links for products and/or services provided by the Service Providers and share such links with Customers;
• receive rewards for each booking or reservation successfully completed by Customers by using your recommendation links;
• calculate the rewards you may receive if your recommendation link generates a booking.
PLURALO has the right to limit the provision of its Services, in particular at a geographical or agent level. The mentioned right will be exercised on a case-by-case basis and this limitation will be communicated in its proper place.
PLURALO may limit the Services offered, namely due to logistical or legal restrictions.
PLURALO has the right to discontinue any Service at any time. PLURALO may refuse, limit or cancel any service, always seeking to inform you to your e-mail address or to the telephone provided at the time of registration.
If you know or come across someone (Customer) who is interested in booking a tourist activity in your city, by using PLURALO you can generate a recommendation link to such an activity made available by a Service Provider and gain rewards if your recommendation generates a successful booking or reservation.
The recommendation link is generated in PLURALO and you may share it with Customer via SMS, Whatsapp, e-mail, QR code or other tools available.
By receiving your recommendation link, Customers will be able to check the services you have recommended (characteristics, prices and other conditions applicable) and, if it matches their interests, they will be able to book the services directly with the Service Provider.
For the purposes of sharing the recommendation links, and only when you have access to personal data of Customers (cell phone number, e-mail address) you undertake not to store and use such data for any other purposes than sharing the recommendation link and you undertake to delete such data right after the sharing of the recommendation link is successful (unless you obtain specific consent from the Customer to keep such data).
The Service Provider is responsible for defining the prices applicable to each of the activities/products included in its Portfolio, including the price of additional services related with them (travels, insurances, rental of equipment, etc.). All prices defined by the Service Provider shall be inclusive of all applicable taxes.
You cannot charge to Customers additional prices or fees for sharing with them your recommendation links.
The use of PLURALO is free. Notwithstanding, PLURALO may decide to charge a subscription fee or any other type of payment for the use of the platform in the future.
THE GENERATION AND SHARE OF A RECCOMENDATION LINK DOES NOT ENTITLE YOU TO RECEIVE ANY REWARD. YOU WILL ONLY BE ENTITLED TO RECEIVE A REWARD IF THE CUSTOMER SUCCESSFULLY RESERVES AND PAYS THE SERVICE YOU HAVE RECCOMENDED BY USING THE RECOMMENDATION LINK YOU SHARED. IF THE CUSTOMER CANCELS THE RESERVATION OR ASKS FOR A REFUND, YOU WILL NOT BE ENTITLED TO RECEIVE ANY REWARD.
In cases where a Customer successfully completes a booking or reservation by using a recommendation link you shared, PLURALO will process the payment of such commercial operation. Upon successfully receiving payment from Customer, PLURALO will earn a certain margin of the price paid by the Customer, which will vary on a case by case basis, according to the conditions agreed between PLURALO and the Service Provider.
PLURALO will reward you with 50% of the margin achieved with each transaction, which will be credited in your PLURALO Locals Account.
PLURALO’s margin will be calculated considering the price paid by the Customer, the price paid to the Service Provider and the administrative costs (a transaction fee correspondent to 2.5% of the price paid by the Customer plus € 0.25 per booking)
Credits are promotional campaigns promoted by PLURALO. You may earn by credits by using PLURALO which enable you to earn a higher percentage of sales commission.
If you have credits available in your Account, for each successful booking completed by a Customer using your recommendation link, one credit will be automatically used in the processing of your sales commission.
For each credit used, PLURALO will pay you an extra percentage of the sales commission you would usually receive, which, depending on the terms and conditions of each campaign may be up to 70%. Accordingly, when you earn a credit, you will receive 70% of the sales commission generated with such transaction plus the additional sales commission determined for each campaign, up to 100%, excluding administrative fees.
Processing of rewards will take up to 48 hours after the Customer has enjoyed the activity booked by using your recommendation link, and only if the Customer hasn’t cancelled, re-scheduled and/or complained about the activity booked.
In exceptional cases, processing of rewards may take more than 48 hours, due to external factors which are not under PLURALO control, such as, but not limited to: fraudulent use of the Customer credit card or technical problems. PLURALO will not be liable, under any circumstances, for the delay in the processing of rewards.
You may transfer the amount of the commissions earned to your bank account by submitting a request for transfer in your Account.
When you ask for the transfer, you will receive a message in PLURALO confirming the request and an e-mail with the details of the amounts that will be transferred to you.
Transfer requests are only processed upon issuance of the correspondent invoice. Please note that transfer requests are processed on the 15th day of each month. In order to guarantee that your request is going to be processed in a certain month, you shall ensure that you have provided PLURALO with a valid invoice.
Transfers may take up to 10 working days to be processed.
You are solely responsible to pay and remit all taxes related with sales commissions you may receive and you acknowledge and agree that PLURALO has no liability for any breach of tax legislation in which you may incur.
By creating and maintaining a Local Account, you undertake to comply with the following obligations:
• You are solely responsible for the accuracy and correctness of the data provided, namely for billing purposes, and you have to keep it up to date.
• You undertake to correctly inform Customers about the services or activities you recommend;
• You undertake not to make false representations or descriptions about the activities you recommend and/or not to advertise such activities in a false or misleading way;
• You may not share or recommend activities which don’t match the interests and/or intentions shown by Customers.
• You may not generate false recommendations as a way to be rewarded;
• You may not use PLURALO to promote your own business activities;
• You will not use PLURALO or the services associated with it for any illegal means any unlawful and/or unlawful purposes, fraudulent or unauthorized.
Locals who intend to use the Services, must register by creating an account (the “Account”) and completing the registration process available in the PLURALO App.
For the account creation the following data will be requested:
• Identification (Name, VAT number);
PLURALO does not validate the correctness and accuracy of the data provided. You are responsible for the veracity, completeness and lawfulness of the data provided, as well as for updating such data. You accept and acknowledge that PLURALO is not responsible for the accuracy and integrity of the information provided by you on the platform, which may be inaccurate, incomplete or outdated.
You can access your Account by logging in with e-mail and password registered for the creation of the Account.
PLURALO cannot access your password, being the user the only responsible for the protection and good use of the password, changing it regularly.
PLURALO does not have any responsibility for the improper use or loss of the password. In case of loss or forgetfulness of any access data to the account, you may request the setting of a new password.
You accept that the login data to your Account can only be used by you, and that it shall not be shared with other people.
You undertake to comply with good practices regarding the security of your Account, by changing the password regularly and avoiding connections through networks open to the public.
PLURALO grants the account security within the expected and adequate security measures, having no liability other than that expressly provided for in Clause 15 of these Terms and Conditions.
You can cancel your Account through the specific tool in the user area. If you cancel the Account, it will no longer be visible in PLURALO and you will lose all the registered data.
You accept that some of the services made available by PLURALO may be supported by advertising revenue, and therefore advertisements and promotions may be displayed.
The form, mode and scope of the advertising subject to change without specific notice.
You also accept, acknowledge and authorize that your profile may be shared and used for the promotional purposes of PLURALO, renouncing any compensation for such use.
The user agrees that PLURALO has no responsibility, direct or indirect, for the use that the user makes of the Services, being the sole and exclusive responsibility of the use of it.
PLURALO provides the Services “as it is” for its use, and no representation, warranty or condition of any kind, expressed or implied, including implied warranties as to the conditions of merchantability, commercial quality, suitability for a specific purpose, durability, title and a non-infringement of rights.
The user accepts that in no case will PLURALO, its corporate bodies, employees, partners, agents, and service providers be liable for any direct, indirect, incidental, punitive or any other damages, losses, claims or damages, including, without limitation loss of profits, loss of revenue, loss of data, replacement costs, or any similar damages, whether based on contract, unlawful act with or without intent, arising out of or related to the use of PLURALO Services, including but not limited to any errors or omissions in any content posted, transmitted, or otherwise made available through the platform.
PLURALO’s liability shall be limited to the annual amount received by the User in rewards.
The Local acknowledges that the property and title for all the rights of intellectual property, including the rights for the software, codes, copyrights, trademarks and commercial secrets, are and shall remain the property of PLURALO.
In the same way for the work flow processes, user interface, designs, know-how and other technologies provided by PLURALO as part of the Services, as well as all the rights, titles and interests related to them, including all associated intellectual property rights, are PLURALO’s property.
The Terms and Conditions do not give you any kind of right to use any brand or logo belonging to PLURALO.
PLURALO grants, within the reasonable knowledge that it has, that it will not violate the intellectual property rights of third parties.
All the rights not expressly provided for and listed in this Clause are reserved to PLURALO, and cannot be interpreted in any other way at any time, and, in case of doubt, shall always be interpreted as meaning that the use, in case of doubt, is expressly prohibited by PLURALO.
The following actions are expressly prohibited to the User:
• Copy, translate, disassemble decompile, attempt to reverse-engineer or otherwise create the source code and/or objects or tools included in the Services;
• Removal of any kind of confidentiality or property warning;
• Sell, resell, redistribute, sublicense or rent the platform, unless an agreement with PLURALO says the opposite;
• Use the Services to store or transmit illegal material;
• Use the Services to store or transmit material that violates third-parties’ rights;
• Interfere with or disrupt the integrity or performance of the Services;
• Seek unauthorized access to the Services and/or PLURALO computer systems;
• Decompile, disassemble or reverse engineer the Services;
• Seek to obtain the source code, modify, decrypt, or create derivative works of the platform or any services provided under this Agreement;
• Access or use the platform to build a competing product and/or service, or copy any feature or graphic for competing purposes.
If you breach any of the provisions above, in addition to the right of PLURALO to immediately terminate this Agreement, you agree to indemnify PLURALO in an amount not lower than € 250,000.00 (two hundred and fifty thousand euros), without such amount precluding the right to request additional compensation in court for damages, such as compensation paid to third-parties and expenses with courts and forensic representation.
You commit not to use software tools to collect information of a personal nature, such as robots, crawlers or other automatic mechanisms.
The user is responsible for buying, maintaining and pay the hardware/software licenses needed to have access to the Services. PLURALO will take the necessary technological measures for the effective protection of computer systems and hardware, namely, virus, worms, Trojan horses, spywares and other type of harmful software.
If PLURALO fraudulently fails to perform this obligation, it will be liable for any damages that the user may suffer, subject to limitations set in Clause 11.
The user must use the Services according to the instructions from PLURALO and must respect the Terms and Conditions, committing to implement the appropriate security measures for the protection of the systems and services.
In case of any security breach, regardless whether the security and integrity of the data and systems of either party is concerned or not, the party that has knowledge, shall inform the other party of the situation immediately.
In the event of suspicion that the security breach tried to erase, change, destroy, damage, suppress or turn non-usable or non-accessible programs or computer data, obstruct, prevent, interrupt or disturb the operation of the computer system by introducing, transmitting, deteriorating, damaging, altering, erasing, preventing access or suppressing programs or other computer data or any other form of interference in a computer system or attempting to illegally access/intercept systems, the affected party must do the respective complaint with the competent authorities.
The failure to comply with the obligations identified in this Clause leads to the immediate termination of the Agreement.
The Services may provide access to third-party tools which the user may freely choose to use.
PLURALO will not monitor or have any control over such third-party tools. The owners of such tools are the only responsible for all the use, monitoring and/or control that occurs in them.
The user acknowledges that, under the terms of the previous paragraph, acceptance and access to such tools is provided “as it is” and “as available”, without any warranties, representations or conditions of any kind, and PLURALO shall be exempt from all liabilities arising out of or relating to the use of the optional third-party tools, and consequently any and all uses are made at the user’s risk.
If any content or services available in the Services include links to third-party services, the user acknowledge that PLURALO is not, and cannot be held liable since it cannot examine and evaluate all content or accuracy of links not provided by PLURALO, thus not having any obligation or liability derived from any situations or occurrences.
The user acknowledges that PLURALO is not responsible for any damages or losses related to the purchase or use of services or any other transactions made in third-party sites, and it is the user’s responsibility to use these sites carefully, particularly by carefully reading of the policies and conditions therein, and consequently any and all claims or questions relating to these sites should be forwarded to such third parties.
PLURALO will ensure the updating and technical support for the use of the Services.
PLURALO ensures that the Services will be up to date, and these updates will result from the maintenance services automatically provided by PLURALO in accordance with the schedule established for the Services evolution.
By providing the Services to the Local, PLURALO undertakes to support the following specific functionalities:
• Consult the products of the Service Providers, as well as prices and availabilities.
• Generate recommendation links to the products made available by the Service Providers;
• Share the recommendation links via SMS, Whatsapp, e-mail, QR Codes or other tools available with Customers;
• Consult your Account to review the rewards you are entitled to receive.
PLURALO ensures to the user a technical service by e-mail, in order to provide support and answer requests for clarification regarding the function of the Services. A chat support service is also available, running on business days, from 9:00AM to 1:00PM and from 2:00PM to 6:00PM.
PLURALO will employ its best efforts for a continuous availability to the Services, but cannot guarantee that it will occur, which the user accepts, waiving at any compensation due to the absence of availability.
The user accepts and acknowledges that performance and availability issues may occur as a cause and/or origin:
• Internet congestion, slowdown or general unavailability;
• Unavailability of generic internet services (DNS servers) due to external attacks;
• Major force events (unpredictable and unavoidable event, unrelated to the control of the parties, which prevents, totally or partially, permanently or temporarily, from achieving their objectives and fulfilling their obligations on the contractual dates and deadlines such as state of war, declared or not, rebellions or riots, natural disasters such as fires, floods or earthquakes and communications cuts).
• Actions or omissions of the user or third-parties which are not under control of PLURALO;
• As a result of the computer system of the user or third-parties;
• The maintenance of the Services programmed by PLURALO, as well as updates that may occur.
Both Parties may terminate the Agreement immediately, upon writing a notice to the other party.
PLURALO will consider that the user has terminated the Agreement when there is no use of the Services for a period of 12 (twelve) consecutive months.
PLURALO can terminate the Agreement without any prior notice if the user:
• Commits a violation to this Agreement;
• Fails to comply with any obligation that may prevent or materially affect this Agreement;
• Violate any intellectual property rights from PLURALO.
The immediate termination of the Agreement implies that the associated Account is cancelled and consequently the access is denied.
The Terms and Conditions, including other applicable policies or legal notices, constitute the entire agreement between you and PLURALO with respect to the use of the Services.
The entry of new policies after the date of the Terms and Conditions, will result in the amendment of the Terms and Conditions through their integration.
In case of contradiction or non-conformity between documents that integrate the Terms and Conditions, these prevail over the policies.
PLURALO can, at any moment, update, modify or replace any part of the Terms and Conditions by publishing those changes in an accessible channel for the user, PLURALO can notify the user of the occurrence of changes but is not responsible if the user don’t verify them.
The user acknowledges that the continued use and access to the Services after any updates, modifications or substitutions to the Terms and Conditions, constitutes acceptance and agreement with such updates, modifications or substitutions.
The services provider (“local”) declares that:
1- He/she accepts that the invoices relating to the services that he/she may provide via the application shall be issued, under a self-billing system, by the company owning the application (“Capitães de Areia, Lda”), as acquirer of those services, pursuant to Article 29(14) and Article 36(11) of the VAT Code;
2- He/she has already completed the statement of commencement of operations as a self-employed worker (Income Tax Category B), with activity code 1319 (commission agents), or shall do so prior to making any recommendation or in any other manner providing services via the application, pursuant to Article 31(1) of the VAT Code;
3- His/her turnover did not exceed 10,000 euros as transferor of assets or provider of services, nor does he/she expect to achieve revenues exceeding 10,000 euros in the current calendar year, VAT exemption, as provided under Article 53 of the VAT Code, applying;
4- Should he/she achieve the turnover referred to under point 3, he/she shall inform the acquirer of the services identified in point 1 and is aware that his/her entitlement to the exemption provided under point 3 shall cease;
5- He/she is aware that the acquirer of the services identified under point 1 shall withhold 25% of the amount of the commissions earned for the services provided via the application, pursuant to Article 101(1)(b) of the Income Tax Code.
6- He/she is aware that he/she shall comply with his/her reporting and contributory obligations vis-à-vis Social Security, unless he/she fulfils the requirements established for exemption, as provided under Article 157 of the Contributory Welfare Schemes of the Social Security System Code, as set forth below:
• he/she also performs professional duties as an employed person, provided that the employer is an entity separate from the acquirer of services identified in point 1, and does not have control over or a group relationship with the acquirer of services;
• the relevant average monthly income is of an amount lower than four times the value of the Social Support Index (IAS);
• the performance of duties as an employed person determines mandatory classification under another social protection scheme that encompasses all the eventualities covered by the scheme for the self-employed;
• the value of the average monthly remuneration considered for the social protection scheme mentioned under c) is equal to or greater than the value of the Social Support Index (IAS).
By accepting the Terms and Conditions, you accept that the notifications that are made by PLURALO within the scope of the Services are made electronically to the e-mail address indicated by you in the Account.
You may contact PLURALO through the email firstname.lastname@example.org
If any provision of the Terms and Conditions is declared unlawful, void or ineffective, such provision shall be replaced, in whole or in part, by another that is valid, so as to best reflect the terms of the Clause in question.
The user agrees to guarantee PLURALO’s position, and defend it, as well as its social bodies, employees, partners, agents, and service providers, from any claim or demand made by any third party due to or arising out their violation of the Terms and Conditions, as well as the violation of any laws or third-party rights.
The failure to require, at any time, user’s compliance with any of its contractual obligations, does not imply a waiver of any rights, nor does it constitute the acquisition of a right by the user.
The Terms and Conditions are governed by the Portuguese Law.
For the resolution of any litigation arising from the Terms and Conditions, if not settled by agreement, exclusive jurisdiction is assigned to the District Court of Albufeira, expressly renouncing to any other, unless it overlaps by the virtue of law.
The user declares that he has read and understood the Terms and Conditions, as well as the Policies associated with it and the specific conditions, and that he had the opportunity to seek legal advice before accepting it. User further acknowledge that this Agreement is the complete and exclusive agreement between the user and PLURALO and that any prior proposal or agreement is derogated with the acceptance of the Terms and Conditions.