Evollu Terms and Conditions of Use
Last updated: December 2020
1. Terms and Conditions for service usage
1.1 These Terms and Conditions regulate the use of the service associated with Evollu Application, available by SENSING EVOLUTION, LDA, located at Rua Comissão Iniciativa, 2A, piso 7, Edifício Torre Brasil, 2410-098 Leiria, enrolled in the Commercial Registry R.N.P.C. Of Lisbon under the single registration number and corporate identity number 513758747 (called “Evollu”).
1.2 You may access the above-mentioned Application via smartphones, tablets, or other mobile devices with iOS and Android operating systems.
1.3 The Evollu Application allows the User to access a Public Area, through which it is possible to identify the User’s hearing profile on the equipment, request a direct contact from Evollu, consult the general information about the institution (contacts, times and location), access to the institutional site and the Evollu e commerce platform.
1.4 The Evollu Application also allows the User to access a Private Area, which the User can access through a registration, with Username and Password, which allows him to access the following functionalities:
A. Reports with the auditory profile traced, by date.
B. Request for scheduling consultations with audiologist.
C. Access to personal data, including location radar service.
D. Management of personal data.
1.5 By using this Service, the User accept and expressly accept these Terms and Conditions of Use, and agree to be bound by them.
1.6 By accepting these Terms and Conditions of Use, you are deemed to have read, understood and accepted in their entirety, which remain available for reference by the User on the Site shop.evoll.com/.
1.7 The use and quality of the Service depends on the equipment used to access it, and the Customer must ensure that the equipment used supports the Service.
1.8 By downloading the Evollu Application, the User acknowledge and accept that your device allows the User to receive it. Evollu is not responsible for any attempt to download the Evollu Application to an equipment that does not allow it to be received (i.e. incompatible equipment).
1.9 Evollu reserves the right to unilaterally change, at any time and without prior notice, the presentation and configuration of the Service, as well as the conditions required for its use.
1.10 The Service is provided for the exclusive use of the User, who agrees to use it in accordance with the law and these Terms and Conditions of Use. The User undertakes in particular to refrain from using the Service for illegal purposes or effects, contrary to the provisions of these Terms and Conditions of Use, harmful to the rights and interests of third parties or that in any way may damage, disable, Overload or deteriorate the Service or prevent its normal use by the User.
2. Collection and processing personal data
2.1 The User expressly authorizes Evollu to collect and process your personal data for purposes related to the provision of the Service, the management of the relationship with the User or the communication to the User of products and services managed by Evollu.
2.2 The User has the right to access his / her personal data, and may also exercise his / her rights of rectification or opposition by means of written communication addressed to Evollu, to the following e-mail address: email@example.com.
2.3 Evollu undertakes to treat personal data relating to the User in accordance with the legislation applicable to the protection of personal data and may, within the scope of its activity, use entities subcontracted by them for the purposes indicated herein.
3. Protection personal data
3.1 Evollu guarantees the safeguarding of the right to the protection of all Personal Data, in accordance with the provisions of Law 67/98, of October 26 (Law on the Protection of Personal Data), which are voluntarily provided by its owner, User Of this Application, and whose treatment is unequivocally authorized by it (because they are necessary and fundamental to the operation of the Service provided, the management of the relationship between the parties and the contacts by electronic means), which will be treated by Evollu confidentially, Of existing national and Community legislation, by officials or representatives duly authorized for that purpose.
3.2 Evollu undertakes to take appropriate technical and organizational measures to protect such data against accidental or unlawful destruction, accidental loss, unauthorized alteration, dissemination or access, and against any other form of illicit treatment.
3.3 As personal data collected through an open network (the Internet), the User must be aware that his / her personal data may circulate in the network without security conditions, at the risk of being seen and used by unauthorized third parties, despite all of Evollu’s efforts to avoid this possibility.
One of the features of the Evollu Application is the radar service that allows the User to identify locations and inform about the best route to the nearest Evollu facility.
4. Intellectual property rights
4.1 All rights, including those of intellectual property and the right of inclusion in databases, contained in the Evollu Application as well as its contents are the property of Evollu or the producer, have been authorized for Evollu or are used according to the legislation in force, Applicable to the right holder. It is forbidden to copy, reproduce, republish, download, publish, broadcast or transmit any text, image, graphic, logo, image or icon appearing in said Application as well as its selection or disposition to any underlying software or source for any purpose Public or private without the prior written consent of Evollu or the owner of the rights.
4.2 You may not adapt, modify or re-create any information material appearing in this Application or use it for any purpose other than for non-profit personal use. You agree to access this Application solely for lawful purposes.
5. Exclusion of liability
5.1 Neither Evollu nor any other party involved in the creation, production, maintenance or implementation of the Application may be liable for any damages or damages in civil liability (including but not limited to, damages, loss of profits and moral damages caused directly or indirectly by Indirectly) arising out of the correct or incorrect use of the same and its contents by the User or third parties, namely malfunctions, viruses, etc.
5.2 Without prejudice to legally recognized rights, the Application, as well as all information, text, names, images, photos, logos, links, icons and other elements (without limitation) are presented as is and are available without any Declaration, guarantee or guarantee, expressed or implied. More specifically, Evollu does not guarantee or declare that the information provided is accurate and complete, nor does it guarantee the continuity of this Application or the absence of errors; It also does not guarantee the absence of computer viruses and other harmful elements in the Application.
5.3 Evollu shall not be liable for any damages resulting from:
A. Failures or deficiencies of the Service.
B. Access to and use of the Service by the User.
C. Situations of non-compliance which are not attributable to him as an intent or serious fault.
5.4 The User acknowledges that the data circulating in the Service is not protected against possible deviations and that the communication of passwords, confidential codes and any sensitive information will be carried out under his entire responsibility.
6. Communications and Notifications
6.1 Without prejudice to other forms of communication set forth in these Terms and Conditions of Use, all notices made to the User under these Terms and Conditions of Use, including any changes thereto, will be made to the email address indicated by the User in the Register. If you wish to contact Evollu, you may do so by sending an e-mail to firstname.lastname@example.org.
6.2 Notices shall be deemed to be made on the business day immediately following the date of dispatch of the notice to the e-mail address indicated by the User in the Register.
6.3 The User undertakes to notify Evollu of any change in the e-mail indicated in the registration act. Failure to comply with this obligation renders ineffective to Evollu any change of address, considering that all notifications are made in accordance with 6.2.
7.1 Evollu may terminate these Terms and Conditions of Use and terminate User’s access registration and may promptly remove any User comments in the event of non-compliance or breach of these Terms and Conditions of Use.
7.2 The resolution of these Terms and Conditions of Use and the access register of the User operates after 5 days from the communication of Evollu to the User’s email address. In this case, the User shall immediately cease all use of the Application.
8. Law and forum
These Terms and Conditions of Use are governed by and construed in accordance with Portuguese law. The Lisbon Court is competent to exclude any other to resolve any conflicts that result from the interpretation and application of those present.
9. Shop online, Payments and refunds – General Terms
9.1 General Terms
All Web Properties and Intellectual material developed under this agreement will remain the property & ownership of Sensing Evolution, Lda unless a web property is purchased outright by the client. We reserve the right to re-value a web property in the future based on it’s earning potential at the time of purchase request. Intellectual ownership includes: site design, branding, content, domain, hosting, third party links, ad accounts, Google My Business accounts and all sales material. Any outright purchase of a web property will pass all intellectual ownership of the above to the client who will be responsible for all future marketing management and optimization for leads to continue. If our web properties do not start redirecting qualified leads to you within 4 months you can request a 100% refund of your consumable lead bond investment. Please note that temporary features suspended by Google due to the Corona Virus may cause short delays in service delivery which may extend guarantee time periods in place.
Client billing and contact records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
9.3 Payments and security
Our payment gateways available are: Paypal, Visa, Mastercard, MBWay and Multibanco (available in Portugal) and Bank transfer (under request) are all acceptable methods of payment. All goods and projects remain the property of the Company until paid for in full. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full. The client agrees the Company is not liable for any failed payments, automated payment errors or back payments charged by Easypay or Paypal or for all monies owed to the Company. Any payment errors where money is not owed to the Company, money will be refunded in full. When purchasing, card details are transmitted through Easypay or Paypal using a secure encrypted server which is SSL certified.
9.4 Termination of agreements and refunds policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered that do not meet our guarantee conditions and where a Service is deemed to have begun and is, for all intents and purposes, underway or completed. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. A refund will be made available on request if the agreement is not completed within 4 months of the service commencing.