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TERMS AND CONDITIONS

Introduction

When placing an order with Take @ Home, you entrust us with your personal data. We are committed to maintaining that trust. This starts by helping you understand our privacy practices.

This notice describes the personal data we collect, how it is used ​​and your choices regarding that data. We recommend that you read this along with our privacy policy, which highlights key points about our privacy practices.

Terms of use

contractual relationship 

These Terms of Use (“Terms”) govern your access to or use, from and within Portugal, of applications, websites, content, products and services (the “Services”, as defined in more detail below in Section 3) made available at Portugal by Take@Home.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Take@Home. In these Terms, the words “including” and “include” mean “including, but not limited to”.

By accessing or using the Services, you confirm that you agree to be bound by these Terms. If you do not agree to these Terms, you will not be able to access or use the Services. These Terms expressly supersede prior agreements or arrangements with you regarding your use of the Services.

Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the enforceability of any agreements you may have with Take@Home or its subsidiaries in connection with the conduct, delivery and/or provision of transportation and/or delivery services ( e.g. the Platform Access Agreement, the Technology Services Agreement and/or any similar agreements). To the extent (but only to the extent) any agreement you may have with Take @ Home regarding the direction, delivery and/or provision of transportation and/or delivery services conflicts with these Terms, those agreements (and not these Terms ) will prevail.

Take @ Home may immediately terminate these Terms or any Services with respect to you, or generally cease offering or denying access to the Services or any part thereof, at any time for any reason.

IMPORTANT: PLEASE READ THE ARBITRATION AGREEMENT BELOW CAREFULLY AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH Take@Home INDIVIDUALLY THROUGH FINAL AND BINDING ARBITRATION. BY SIGNING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a city-specific webpage on TakeatHome .pt) or in connection with the applicable Service(s). The supplemental terms are additional and shall be considered part of the Terms for the purposes of the applicable Service(s). The supplemental terms will prevail over these Terms in the event of a conflict with respect to the applicable Services.

Take @ Home may change the Terms from time to time. Changes will be effective upon Take@Home's posting of such updated Terms at this location or in the amended policies or supplemental terms in the applicable Service(s). Your continued access to or use of the Services after posting confirms your consent to be bound by the Terms, as amended. If Take @ Home changes these Terms after the date you first agreed to the Terms (or any subsequent changes to these Terms), you may reject any such change by providing Take @ Home with written notice of such rejection within 30 days from the date the change becomes effective, as indicated on the “Effective” date above. This written notice must be sent by email from the email address associated with your Account to: hello@takeathome.pt. To be effective, the notice must include your full name and clearly indicate your intention to reject changes to these Terms. By rejecting the changes, you agree that you will continue to be bound by the provisions of these Terms from the date you first agreed to the Terms (or any subsequent changes to these Terms). at time. Changes will be effective upon Take@Home's posting of such updated Terms at this location or in the amended policies or supplemental terms in the applicable Service(s). Your continued access to or use of the Services after posting confirms your consent to be bound by the Terms, as amended. If Take @ Home changes these Terms after the date you first agreed to the Terms (or any subsequent changes to these Terms), you may reject any such change by providing Take @ Home with written notice of such rejection within 30 days from the date the change becomes effective, as indicated on the “Effective” date above. This written notice must be sent by email from the email address associated with your Account to: hello@takeathome.pt. To be effective, the notice must include your full name and clearly indicate your intention to reject changes to these Terms. By rejecting the changes, you agree that you will continue to be bound by the provisions of these Terms from the date you first agreed to the Terms (or any subsequent changes to these Terms).

Take @ Home's collection and use of personal information in connection with the Services is described in the Take @ Home Privacy Policy.

Arbitration

By agreeing to the Terms, you agree that you are obligated to resolve any claim you may have against Take @ Home individually in arbitration as set forth in this Arbitration Agreement. This will prevent you from assisting any class, class or representative action against Take @ Home and will also prevent you from participating in or recovering any current or future class, class, consolidated or representative action brought against Take @ Home by someone else.


Binding Arbitration Agreement between You and Take @ Home.

You and Take @ Home agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be resolved by binding arbitration between you and Take@Home, and not in a court of law. Notwithstanding the foregoing, when you claim allegations of sexual assault or sexual harassment occurring in connection with your use of the Services, you may choose to bring those claims to a court of competent jurisdiction rather than arbitration. Take @ Home agrees to honor your forum election with respect to your allegation of individual sexual assault or sexual harassment, but in doing so does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, to the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or litigation.

You acknowledge and agree that you and Take @ Home are waiving the right to a jury trial or to participate as a plaintiff or class member in any class action or representative proceeding. Unless you and Take @ Home agree otherwise in writing, any arbitration will be conducted on an individual basis only and not in a class, class, consolidated or representative proceeding. However, you and Take@Home retain the right to bring individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or infringement of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Applicable Rules and Laws

The arbitration will be administered by the Portuguese Arbitration Association in accordance with the Consumer Arbitration Rules and the Supplementary Procedures for Consumer Disputes (then in force, unless amended by this Arbitration Agreement.

Process

A party wishing to commence arbitration must provide the other party with a written Request for Arbitration as specified in the Rules.

Location

Unless you and Take @ Home agree otherwise, arbitration will be conducted in the county where you reside.

Referee's decision

The Arbitrator will render the award within the time period specified in the AAA Rules. Judgment on the arbitral award may be rendered in any court having competent jurisdiction to do so. The Arbitrator may grant injunctive or declaratory relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The Arbitrator's decision will be final and binding on all parties.

Fees

Your responsibility to pay any court, administrative and arbitration fees.

Changes

Notwithstanding the provisions of Section I above regarding consent to be bound by changes to these Terms, if Take @ Home changes this Arbitration Agreement after the date on which you first agreed to the Terms (or any subsequent changes to the Terms), you may reject any change by providing Take@Home with written notice of such rejection within 30 days of the date the change became effective, as indicated on the “Effective” date above.

Separability

If any part of this Arbitration Agreement is held to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) termination of the unenforceable or illegal provision will have no impact on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that the litigation of such claims shall be suspended pending the outcome of any individual claims in arbitration.

The services

The Services comprise mobile applications and related services (each, an “Application”), which enable users to arrange and schedule transportation, logistics and/or delivery services and/or purchase certain goods, including with third-party providers of such services and goods. under agreement with Take @ Hom and or certain of Take @ Home's affiliates (“Third Party Providers”). In certain cases, the Services may also include an option to receive transportation, logistics and/or delivery services for an initial price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Take @ Home in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH YOUR USE OF THE SERVICES DOES NOT ESTABLISH Take@Home AS A TRANSPORTATION, LOGISTICS OR DELIVERY PROVIDER OR AS A CARRIER.

License

Subject to your compliance with these Terms, Take @ Home grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by the Take @ Home and Take @ Home licensors.

Restriction

You may not: (i) remove any copyright, trademark or other proprietary notices from any part of the Services; (ii) reproduce, modify, prepare derivative works based on, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, broadcast, transmit, transmit or exploit the Services, except as expressly permitted by Take @ Home; (iii) decompile, reverse engineer, or disassemble the Services, except as permitted by applicable law; (iv) link, mirror or frame any part of the Services; (v) cause or launch any programs or scripts for the purpose of extracting, indexing, searching or otherwise mining any part of the Services or unduly burdening or hampering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks.

Provision of Services

You acknowledge that portions of the Services may be made available on Take @ Home.

Third party services

The Services may be made available or accessed ​​in connection with third party services and content (including advertising) that Take @ Home does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Take @ Homedoes does not endorse such third party services and content and in no event will Take @ Home be responsible for any products or services from such third party providers. In addition, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third party beneficiary of this agreement if you access the Services using Applications developed for mobile devices powered by Apple iOS, Android, Microsoft Windows or Blackberry, respectively. Such third party beneficiaries are not parties to this agreement and are not responsible ​​for providing or supporting the Services in any way. Your access to the Services using these devices is subject to the terms set forth in the applicable third-party beneficiary's terms of service.

Property

The Services and all rights therein are and will remain the property of Take @ Home or the property of Take @ Home's licensors. Neither these Terms nor your use of the Services conveys or grants you any rights: (i) in or related to the Services, except for the limited license granted above; or (ii) use or reference in any way the company names, logos, product and service names, trademarks or service marks of Take @ Home or Take @ Home's licensors.

Access and use of services

User accounts

To use most aspects of the Services, you must register for and maintain an active personal User Services account (“Account”). You must be at least 18 years of age, or the legal age of majority in your jurisdiction (if different from 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit personal information such as name, address, mobile number and age to Take@Homecertain, as well as at least one valid payment method supported by Take@Home. You agree to maintain accurate, complete and up-to-date information in your account. Failure to maintain accurate, complete and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activities that occur under your account and you agree to maintain the security and confidentiality of your username and password at all times. Unless otherwise permitted by Take @ Home in writing, you may only have one Account.

User requirements and conduct

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account and you may not allow anyone under the age of 18 to receive transportation or logistics services from Third Party Providers unless accompanied by you. You may not assign or transfer your account to any other person or entity. You agree to comply with all applicable laws ​​when accessing or using the Services, and you may only access or use the Services for lawful purposes (eg, no transportation of illegal or hazardous materials). You may not, in your access to or use of the Services, cause annoyance, annoyance, inconvenience or damage to property, whether to the Third Party Provider or any other party. If you fail to comply with these Terms (including supplemental policies and terms), you may be denied access to or use of the Services and Take @ Home may charge a cancellation fee for a transaction that could not be completed due to your failure to comply with these Terms. In certain cases, you may be required to provide proof of identity or another method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other identity verification method.

Text Messaging

You agree that Take @ Home may contact you by telephone or text messages (including by an automatic dialing system) at any of the telephone numbers provided by you or on your behalf in connection with a Take @ Home account, including to marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt-out of receiving text messages from Take@Home at any time.

User provided content

Take @ Home may, in Take @ Home's sole discretion, allow you, from time to time, to upload, upload, publish or otherwise make available to Take @ Homethrough the textual, audio and/or visuals of the Services, including comments and feedback relating to the Services, initiating support requests, and submitting entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Take @ Home, you grant Take @ Home a worldwide, perpetual, irrevocable, transferable, royalty-free license with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and in any way exploit such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Take @ Home Services and Businesses and on third party websites and services), without further notice or consent from you, and without requiring payment to you or any other person or entity.

You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or have all rights, licenses, consents and releases necessary to grant Take @ Home the license to User Content as set forth above; and (ii) neither User Content, nor your uploading, uploading, posting or making available such User Content, nor Take @ Home's use of User Content as permitted herein will infringe, misappropriate, or violate intellectual property or third-party proprietary rights 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, as determined by Take@Home in its sole discretion, whether or not such material is protected by law. . Take @ Home may, but will not be obligated to, review, monitor or remove User Content in Take @ Home's sole discretion and at any time and for any reason without notice.

network access

You are responsible for obtaining the necessary data network access to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for purchasing and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Take @ Home does not guarantee that the Services, or any part thereof, will work on any particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Form of payment

You understand that your use of the Services may incur charges for the services or goods you receive (“Fees”). Take@Home will receive and/or enable you to pay the applicable ​​Fees for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law.

legal warning

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Take @ Home DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET FORTH IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, TAKE@HOME MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE ERROR-FREE. TAKE@HOME DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR CAPABILITY OF THIRD PARTY SUPPLIERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICES OR REQUESTED GOODS RELATED TO THESE, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

TAKE@HOME SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE IN CONNECTION WITH OR RESULTING FROM ANY OTHER SERVICES, REGARDLESS OF FROM THE NEGLIGENCE (WHETHER ACTIVE, AFFIRMATIVE, SINGLE OR COMPETITIVE) OF TAKE@HOME, EVEN IF TAKE@HOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TAKE @ HOME SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY SUPPLIER, EVEN IF Take@Home HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAKE @ HOME SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE REASONABLE CONTROL OF Take @ Home. YOU ACKNOWLEDGE THAT THIRD PARTY SUPPLIERS PROVIDE TRANSPORTATION SERVICES ORDERED THROUGH SOME ORDERED PRODUCTS MAY OFFER PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

THE SERVICES MAY BE USED BY YOU TO ORDER AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY SUPPLIERS, BUT YOU AGREE THAT Take@Home HAS NO RESPONSIBILITY OR LIABILITY TO YOU IN CONNECTION WITH ANY TRANSPORTATION, MERCHANDISE OR LOGISTICS SERVICES PROVIDED BY YOU. THIRD PARTY SUPPLIERS NOT EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION ARE NOT INTENDED TO LIMIT LIABILITY OR CHANGE YOUR RIGHTS AS A CONSUMER WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TOMA @ HOME'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE CHOICE OF THE Take @ Home LAW SET FORTH BELOW.


Indemnity.

You agree to indemnify and hold Take @ Home and its affiliates and their officers, directors, employees and agents harmless from and against any claims, demands, losses, liabilities and expenses (including attorneys' fees) arising out of or in connection with: (i) the use of the Services or services or goods obtained through the use of the Services; (ii) your breach or breach of any of these Terms; (iii) Take @ Homes use of your User Content; or (iv) your violation of the rights of third parties, including Third Party Providers.

General

You may not assign these Terms without Take@Home's prior written approval. Take @ Home may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Take @ Home's shares, businesses or assets; or (iii) a successor by merger. Any attribution claimed in violation of this section will be void. No joint venture, partnership, employment or agency relationship exists between you, Take @ Home or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent of the law. Take @ Home's failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Take @ Home in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

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