Terms & Conditions

Affereo Procurement Intelligence Data Centre

1. Scope

Affereo Procurement Intelligence is a portal created and developed by the company Bússola Diligente - Consultoria, Lda., with VAT number 515 763 314, registered office at Rua do Feirapark, n.º 50, 4520-632 São João de Ver, Santa Maria da Feira, Portugal and e-mail address info@affereo.com (hereafter referred to as "Affereo").

Affereo's software is registered and deposited with ASSOFT - Portuguese Software Association, as well as with IGAC - General Inspection of Cultural Activities, for Copyright purposes.

Affereo has a Portuguese and European patent application at the National Institute of Industrial Property and the European Patent Office.

 

 

2. Purpose

This document regulates the access and use of Affereo by natural and legal persons, namely private, public and other entities (hereafter referred to as "User").

 

 

3. Membership

  1. Adherence to Affereo and to these terms and conditions is done by registering on the portal, which requires the use of a username and password of the user's choice.
  2. Each user who registers and purchases any products and/or services available on Affereo must first read these Terms and Conditions and expressly accept their meaning and scope.
  3. Acceptance of these conditions also determines express consent to the processing of personal data necessary for the performance of the contract and agreement to the use of cookies on the portal.

 

 

4. Duration

4.1 The subscription to any product/service is valid for a period of one year (365 days), one semester (180 days) or one quarter (90 days), non-renewable, from the moment the user pays the amount due for it.

4.2 You can also subscribe to the single market research report and the single public entity report once the user has paid the amount due for the report.

 

 

5. Rights and obligations

5.1 Affereo's rights towards the user are:

  1. To cease, cancel or annul access to the portal in the event of non-compliance with these conditions;
  2. Cease, cancel or annul access to the portal when the integrity, confidentiality and/or availability of the information provided and available is jeopardised;
  3. Change or update, in whole or in part, these conditions, as well as the Privacy Policy and the Cookies Policy.

 

5.2 Affereo's obligations to the User are:

  1. To provide all necessary information regarding access, consultation, purchase and use of the subscribed products and/or services;
  2. To provide the technological conditions necessary for the user to access, consult, purchase and/or use the products and/or services subscribed to;
  3. Provide support, before and after the subscription of any product and/or service, through the means indicated for this purpose and during operating hours;
  4. Make use of all the human, material and/or IT resources that are necessary and appropriate for the delivery of the products and/or provision of the services subscribed to by the user;
  5. Ensure that the information accessible and made available, inside and outside the private area, is correct, without prejudice to the possible inaccuracy of the automatic translations of the reports and any other inaccuracies resulting from the source of the data itself [TED (https://ted.europa.eu/); BaseGov (https://www.base.gov.pt/base4); Contratación del Sector Público (https://contrataciondelestado.es/wps/portal/plataforma)], unconscious error or attempted fraud, for which Affereo is not responsible;
  6. Ensure that the reports generated remain available in each user's private area throughout the product's subscription period, provided that they do not exceed the quantity stipulated in paragraph 5.4 line (j).
  7. To keep the time balance available in the private area of each user updated, in the case of subscription to any services;
  8. Guarantee the confidentiality of all information provided by the user;
  9. Adopt security measures to prevent the accidental, illegitimate or unauthorised destruction, loss, diversion, modification, access or dissemination of all information;
  10. Comply with all applicable European and national legislation for the purposes of contract performance.

 

5.3 The user's rights towards Affereo are:

  1. To have access to the reports, in their private area, after payment of the subscribed product;
  2. To be informed of the hours spent for each subscribed service;
  3. Obtain all relevant information on updates concerning the product and/or service subscribed to, as well as security updates of the portal;
  4. Access up-to-date and compliant information through the portal, without prejudice to the possible inaccuracy of the automatic translations of the reports and any other inaccuracies resulting from the source of the data itself (TED (https://ted.europa.eu/); BaseGov (https://www.base.gov.pt/base4); Contratación del Sector Público (https://contrataciondelestado.es/wps/portal/plataforma)), unconscious error or attempted fraud, for which Affereo is not responsible.

 

5.4 The User's obligations towards Affereo are as follows:

  1. To provide the information required for registration and membership of Affereo in an accurate and correct manner, and to be responsible for any omission or inaccuracy thereof;
  2. Ensure the confidentiality of the access data to Affereo, namely the username and password, ensuring that it is not communicated, copied or disclosed without their authorisation;
  3. Recognise that the User is solely responsible for the communication of incorrect or false information, or data from third parties, without their consent, as well as for the incorrect use thereof;
  4. Report, within a maximum period of 24 hours, any anomaly, illegitimate access, loss or violation of your username, password or any other information that you have undertaken not to disclose, under the terms of these conditions;
  5. Recognise that access to and use of the portal, including the display of web pages, constitute activities carried out by the user;
  6. Recognise that, after making the purchase of any product and/or service, it will only be active upon payment, which must be made after the purchase and through the means indicated for this purpose;
  7. Make full payment of the annual, half-yearly, quarterly or single subscription at the time of purchase of the product and/or service;
  8. Recognise that the access and use of the portal, including the display of web pages, are activities carried out by the user;
  9. Recognise that you are solely and exclusively responsible for the evaluation of the information and content obtained through the portal;
  10. Acknowledge that, in the case of products/services subscribed to that generate a large number of reports, Affereo reserves the right to delete the oldest ones, so that a maximum of the last 25 opportunity and public entity reports remain;
  11. Recognise that, in quarterly, half-yearly or annual subscription products, Affereo may limit the supply of the opportunity and public entity reports to a maximum of 100 for quarterly subscription, 200 for half-yearly subscription and 400 for annual subscription;
  12. Acknowledge that the translation of the reports in one of the foreign languages available on the portal (Spanish, French and Portuguese) is done automatically, without any type of human intervention, and Affereo cannot be held responsible for their content;
  13. Recognise that the support operating hours are Monday to Friday, from 9:00 a.m. to 6:00 p.m., in the time zone GMT +01 :00 (daylight saving time) and GMT +00:00 (standard time), being inactive on weekends and other non-working days indicated on the portal;
  14. Recognise that the availability of the portal may be temporarily suspended or interrupted, namely for maintenance purposes, without such suspension or interruption serving as grounds for any claim for compensation whatsoever;
  15. Take all necessary and appropriate measures not to jeopardise the security of the network in use on the portal, in particular by sending and/or transmitting viruses, worms or other bugs and/or techniques that could jeopardise its performance.
  16. Do not send and/or attach any illegal, defamatory or misleading information in the private area;
  17. Not to reproduce any information consulted or accessed through Affereo, in any form whatsoever, without its express authorisation;
  18. Not commercialise any information obtained through access, registration and/or purchase of any Affereo products and/or services;
  19. Recognise that you are solely responsible for the use of the portal and all its contents, and the following activities are expressly prohibited:

(i) carrying out illegal activities or activities that offend against the rights of Affereo: Communications of its Customers and Users or other Internet users;

(ii) using an identity other than that of the Customer or User or falsify or conceal in any way the identity of the Customer or User in e-mails, articles, channels or in any other Internet service; 

(iii) cancelling articles that are not of your authorship or without being mandated to do so by the other users; 

(iv) producing or reproducing content that is offensive, defamatory or likely to violate the privacy or other rights of third parties; 

(v) producing or reproducing texts, data, images or programmes with illegal, criminal, racist, profane, pornographic or obscene content, or which in any way may violate human rights or infringe the legislation in force;

(vi) conveying, reproducing, advertising the sale, offering, exchanging or demanding any copy or form of obtaining a copy or form of use of a copy of a computer program, musical work, videogramme, written publication or any other work protected by copyright or industrial property legislation, or any other material or information that may be legally protected or infringes the rights of third parties, regardless of the medium used, without holding the respective rights of transmission, reproduction, advertising, use or legally required authorisation; 

(vii) interfering with or conditioning, in any way, the use of the Affereo Website or violate any rules, regulations or standards of the networks connected to the use of the Affereo Website; 

(viii) introducing, conveying or making accessible in any way material containing viruses, programmes, systems or files that destroy or limit the functionality and/or capability of any computer, including software and hardware or electronic communications equipment; 

(ix) participating in pyramid schemes and chain letters; 

(x) promoting or providing information about illegal activities, such as physical harm to others or acts of cruelty to animals.

   s. Recognise that adherence to these conditions implies express consent to the processing of personal data necessary for access to and use of Affereo, as well as acceptance of the use of cookies.

 

 

6. Price

  1. For the product and/or service subscribed, the price indicated is due at the time of subscription.
  2. The price indicated and payable for each product and/or service subscribed is in Euros (€), plus VAT at the legal rate in force, where applicable, under the terms described in the Portal's FAQ's.
  3. When registering, the Customer must not indicate the country code when filling in the "VAT Number/NIF/NIPC", otherwise the VIES (VAT Information Exchange System) will not recognise this number. Making it impossible, particularly in the case of companies based in the European Union, to apply the reverse charge system in the country of the VAT customer when issuing the invoice-receipt.
  4. Affereo cannot be held responsible for invoices issued in which VAT is debited due to incorrect completion of the customer's registration.
  5. Affereo reserves the right to update prices without retroactive effect.

 

 

7. Means and conditions of payment

  1. Payment for subscribed product(s) and/or service(s) is made for the full amount indicated after the act of purchase, following the instructions indicated on the portal.
  2. Payment can only be made by VISA, MASTERCARD, AMERICAN EXPRESS or PAYPAL.
  3. Once payment has been made for the purchase of any Affereo product and/or service, the user is prevented from replacing it.

 

 

8. Payment system

  1. The payment system in use on the portal is provided by Stripe and is guaranteed to be confidential and encrypt the data required for this purpose.
  2. Affereo does not store the payment data, but only validates the data at the time of purchase.

 

 

9. Payment transaction

  1. Payment transaction shall be deemed to be authorised only if the payer has given his consent to the execution of that transaction.
  2. In the absence of such consent, the payment transaction shall be deemed not to have been authorised.
  3. When an unauthorised payment transaction occurs, the payment service provider shall immediately refund the payer, at the latest by the end of the first following business day, except in cases of fraud or gross negligence.
  4. By cancelling the payment of the service at your bank, Affereo will not perform the contracted services.
  5. In the event that payment is manually cancelled after the product and/or service has been made available, without justifiable cause or prior agreement with Affereo, Affereo reserves the right to bring the corresponding action for the purpose of claiming compensation for damages caused to it.

 

 

10. Invoicing

  1. Affereo subcontracts the TOConline platform for invoicing purposes, and the sharing of data is necessary only for these purposes.
  2. After payment has been made for the product and/or service subscribed to, Affereo will immediately send notice of the availability of the respective invoice to the email address specified by the user, in the customer's private area, where the document can be downloaded.
  3. The User expressly recognises and accepts the amount mentioned and itemised on the invoice to be issued by Affereo for the service and/or product subscribed to.

 

 

11. Limitations of Liability

11.1 With regard to the use of the portal and the provision of services:

  1. Affereo is not responsible or liable for any use of the portal by the User or any third party authorised by the user that is not in accordance with these terms and conditions and the legal provisions in force.
  2. The Customer also recognises and accepts the applicability of Affereo's limitation of liability in relation to the services identified and made available on the portal, which cannot be understood as obligations of result.

11.2 Regarding data:

  1. The data comes from public sources, over which Affereo has no control whatsoever, and does not necessarily assume any liability whatsoever as to the origin of the information made available to the Customer, taking into account the possibility of errors and inaccuracies in the origin of the data or in its processing.
  2. Affereo endeavours through the treatment, processing and aggregation of data to provide the best and most integrated information to the Customer, and assumes no responsibility for any inaccuracies or errors.
  3. As such, from the Customer's point of view, they should see the data, information and their interconnections as mere guidelines, but never as binding or recommendations, either because of the possibility of errors or inaccuracies at the source, or because these are information reports with data, but which do not constitute exhaustive information on each specific procedure.
  4. Consequently, any result, positive or negative, that may arise from the information, data or services provided by Affereo cannot be attributed to Affereo.
  5. The Customer assumes sole responsibility for how it interprets the data and how they use it.
  6. Affereo also does not guarantee that any inaccuracies in the information provided may not be detected, in particular due to an error on the part of the sources themselves - TED (https://ted.europa.eu/); BaseGov (https://www.base.gov.pt/base4); Contratación del Sector Público (https://contrataciondelestado.es/wps/portal/plataforma) - or due to unconscious error or attempted fraud, and does not assume any liability whatsoever for such inaccuracies.
  7. The Client recognises and accepts that Affereo is not responsible for any interruption in the availability of information due to modifications/changes/updates in the sources from which the data is collected.

11.3 Regarding translations:

Affereo is not responsible for the accuracy and quality of the translations of the reports, nor does it assume any kind of liability for any errors, since the translation is generated solely and exclusively automatically by the Azure Translator tool, without any kind of human intervention.

 

 

12. Management of Affereo's social platforms by third-party operators

  1. The third party operator that manages Affereo's social networks operates the service's entire IT infrastructure, defines its own data protection rules and maintains its own relationship with users registered on those networks.
  2. Affereo guarantees that it develops all the necessary and adequate means for the third party operator that manages its social networks to act in accordance with data protection requirements and other applicable legal regulations.
  3. Affereo has only limited influence on the processing of data carried out by the operators of social media platforms, namely with regard to the management of members and information shared on social media.
  4. Outside this scope, Affereo is not responsible for the processing of data carried out by the aforementioned operator and is not liable for any type of responsibility at this level.

 

 

13. Assistance

  1. During the purchase process and after the purchase of the product/service, the User is entitled to assistance from the Affereo team for the same period as the subscription.
  2. Assistance is provided through the chat available in the User's private area, for each product and/or service subscribed to.
  3. In the case of single subscription products, i.e. without a 90, 180 or 365 day subscription, the chat can only be used until the product is available.
  4. Any additional information outside of that scope will have an associated cost.

 

 

14. Maintenance

  1. The Portal may be temporarily suspended or interrupted for maintenance purposes, without such suspension or interruption serving as grounds for any claim for compensation.
  2. The period of maintenance of the website, whenever necessary, will take place during the weekend period or on any other non-working days indicated on the website.
  3. The User is alerted of this constraint on the platform itself when trying to access it during the maintenance period.

 

 

15. Non-compliance

  1. Failure by the User to fulfil any obligation under this agreement shall entitle Affereo to unilaterally terminate the agreement with immediate effect from the date of notice thereof.
  2. In the event of a breach of contract, Affereo reserves the right to limit or cancel access to the product and/or service subscribed to, as well as to demand full payment of the amount due, without prejudice to the right to compensation under the terms of the law.

 

 

16. Intellectual Property

  1. All intellectual property rights in the Website and all its contents - including, but not limited to, articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video or audio clips or marketing texts, as well as trade marks, logos, domain names, and any other elements that may be covered by proprietary rights (including source codes) and/or other forms of intellectual property rights (hereinafter referred to as "material") - are the exclusive property of Affereo and are protected against unauthorised use, copying or disclosure by national laws and international treaties relating to Intellectual Property Rights.
  2. Any reproduction, in whole or in part, of the contents contained in Affereo Procurement Intelligence, including their dissemination, is expressly prohibited, as is the use of any tool/robot or any application intended to collect the elements contained in Affereo Procurement Intelligence.
  3. Subscribing to products and/or services available in Affereo does not constitute any transfer of intellectual property rights, nor may any of the provisions of the Terms and Conditions and/or the contents of the portal be interpreted as implicitly conferring, accepting or by any means licensing the right to use any Material by any means, without Affereo's prior written consent.
  4. Failure by the User to comply with that previously set shall result in civil and criminal liability, as well as the destruction of any copies, reproductions, transmissions or other derivative and/or equivalent works made by the User.

 

 

17. Personal data

  1. Affereo respects your privacy and the protection of your personal data.
  2. The personal data collected by Affereo is intended solely and exclusively for use in the contractual management established with the User, for the purpose of providing the requested services and improving their experience on the portal.
  3. Personal data is processed in accordance with the Privacy Policy in force and the Terms and Conditions, which are expressly and unequivocally accepted by the User.
  4. The responsible for the data processing is Bússola Diligente - Consultoria, Lda., and the User undertakes to provide and keep personal data up to date and to ensure that they are true.
  5. The User consents to the collection and computer processing of their data, where applicable, authorising Affereo to enter this data on an appropriate basis.
  6. Any information collected at Affereo will be kept confidential and will not be disclosed to third parties without the User's express prior consent.
  7. The User has the right to access, rectify, cancel and object to the use of their personal data.
  8. The User has the right to withdraw their consent at any time, without jeopardising the lawfulness of the processing carried out on the basis of the consent previously given.

 

 

18. Confidentiality

  1. Under these Terms and Conditions, confidential information refers to any and all information, of any nature, in any format, technical specifications, documents and other aspects related or not to the services, disclosed, in whole or in part, in writing, orally or in any other way.
  2. Affereo undertakes to keep confidential information secret, as well as to take the necessary measures to pursue this purpose, ensuring all necessary care to maintain confidentiality, in order to prevent its disclosure, reproduction or unauthorised or access to third parties.
  3. The information will be restricted to the company's employees who participate in the provision of the requested services.

 

 

19. Cyber Crime and Related Crimes

  1. Affereo warns the User not to open suspicious attachments or attachments that they are not expecting to receive and, before opening any link, always confirm that it is reliable.
  2. To protect against phishing scams, the User must always install and keep up-to-date their protection software, namely anti-virus, among others applicable.
  3. Affereo does not make any telephone contact, whether automated or not, to acquire confidential information or induce actions to acquire this data, so any link established in this regard is not of its own authorship and responsibility.

 

 

20. External links

  1. The portal may contain links to third-party websites, for which Affereo is not responsible.
  2. Affereo is not responsible for the content and functionality of these sites, and their use is subject to their own terms and conditions of use and privacy statements, which we recommend that you read.

 

 

21. Fraudulent use of name and trademark 

We warn and bring to the User‘s attention that if they become aware of any risks arising from the misuse of Affereo's name, contact details and the names of any of our staff, including in illegal schemes, by fraudulent emails, letters, messages and phone calls, please contact us via the available channels.

 

22. Entities to contact

The customer should contact the Directorate-General for Consumers and the National Consumer Council in Portugal if you believe there has been a breach of your consumer rights.

In the event of a consumer dispute, consult existing consumer arbitration centres: http://ec.europa.eu/consumers/odr

 

 

23. Communications

  1. Any matters, notifications, complaints or other communications relating to the contract must be addressed in writing to the representative of the party identified in the contract and to the address indicated therein.
  2. Suggestions or comments about the Website or questions you wish to have clarified should be reported through one of the available means.

  3. Alternative Dispute Resolution (ADR) covers mediation, conciliation and arbitration.

    In Portugal, these entities are independent, staffed by specialists and impartially help the consumer and the company reach an amicable solution through mediation or conciliation. If no agreement can be reached, the legally authorised Consumer Conflict Arbitration Centres can also be used.

    Here is a list of some of the Alternative Dispute Resolution Centres that exist in Portugal under Law 144/2015 of 8 September:

    https://www.consumidor.gov.pt/parceiros/sistema-de-defesa-do-consumidor/entidades-de-resolucao-alternativa-de-litigios-de-consumo/ral-mapa-e-lista-de-entidades.aspx

 

 

24. Various provisions

Affereo may, at any time, without prior notice and with immediate effect, establish specific rules, as well as amend, add to or revoke, in part or in full, these Terms and Conditions.

 

 

25. Applicable Law and Jurisdiction

  1. This agreement shall be governed and interpreted in accordance with Portuguese law and in conformity with contracts concluded and executed in this country.
  2. To settle disputes of any nature relating to the formation, execution or interpretation of this contract, the parties elect the judicial forum of the District of Santa Maria da Feira, expressly waiving any other.

 

 

26. Final Provisions

For more information or clarification on the Terms and Conditions, you can contact us through the following information:

Bússola Diligente - Consultoria, Lda.

- Rua do Feirapark, n.º 50, 4520-632 São João de Ver, Santa Maria da Feira, Portugal;

- info@affereo.com