Terms and conditions of use
1. Terms and conditions of use
Ubirider, S.A., company that developed the mobile app Pick, reserves itself the right of, at any given moment, alter, modify, add or remove clauses from these terms and conditions of use. These alterations will be communicated to you electronically and when you first access our app, verified after the alteration of these terms and conditions of use. In this case, you will be bound to the new terms and conditions of use if you opt to continue to use our services. You should also be aware that the acceptance of the present terms and conditions of use and, by consequence, the use of our platforms and access to our online services, constitutes the celebration of a contract, that shall be scrupulously followed by all the parts.
2. The app Pick
Pick is a mobile app developed by Ubirider, S.A. that aides its users to select the best travel option among diverse mobility operators, according to the criteria selected by the user (fastest, cheapest, etc.).
The service provided by Ubirider, S.A. is totally free of charge for the app user.
However, the booking of trips made available by Ubirider, S.A. by using this app implies payment obligation, resulting from the fares applied by the diverse mobility operators.
The services provided by Ubirider, S.A. may be only of informative nature concerning the available transportation options. In these cases, after the selection of the intended tickets and routes, Ubirider, S.A. will redirect your request to the respective mobility operator(s), that shall issue directly your ticket and invoice or relevant fiscal document.
In other cases, besides this service, Ubirider, S.A. shall proceed to selling the selected tickets and respective billing in the name of the mobility operator(s) that are going to provide the transportation service. For more details about booking conditions and payment obligations, please check point 7 of these terms and conditions of use. In any case, the information about routes, prices and schedules of the transportation, as well as the transport service acquired, is of the exclusive responsibility of the mobility operators that provide such service, which means that Ubirider, S.A. does not guarantee the reliability of such contents or the actual rendering of the service, in the foreseen terms.
Therefore, Ubirider, S.A., with no specific results guarantee provided, does not guarantee that any content, services or functionalities available in its app that are referent to the selected travel criteria and the fares implemented by the operators are free of errors or variations, that the acquired trips do not suffer interruptions or delays, or that any other defect shall be automatically corrected.
The app and its contents are provided in a “how it is” and “like it is” basis.
3. Intellectual property
All content that you may find in our digital platforms (text, graphics, user interfaces, visual interfaces, photographs, registered trademarks or computer software) are property, controlled by or licensed by Ubirider, S.A. or by its respective content providers, and are therefore protected by the commercial norms of copyright, patents and other registered trademarks legislation, as well as other intellectual property rights and unfair competition laws.
Except when expressly indicated in these terms and conditions of use, the user is not allowed to copy, reproduce, repost, send, publish, present publicly, code, translate, transmit, share or distribute in any other way the contents or services available in our digital platforms, to any server or any other platform, with the purpose of being published, distributed or any other commercial ends, without explicit and written authorization of Ubirider, S.A.
However, when such is possible, the user is allowed to download and use the information about the contents and services that are available and part of our digital platform, if he/she:
Does not remove any intellectual property warning or label;
Does it exclusively for personal ends and not commercial ends;
Does not make any alteration to the information.
4. Your use of the app
The user's access to the services provided by Ubirider, S.A. through this app will happen upon compliance with the applicable legislation and the established contract between the parts, according to these terms and conditions of use and only for legitimate ends. Thus, by accepting these terms and conditions of use, the user agrees and recognises that:
1. He/she shall not use any device, program, methodology, automatic algorithm or any similar or equivalent manual process to access, acquire, copy or monitor any part of the app, as well as reproduce or in any way evade the navigation structure or presentation of the app, to obtain or attempt to obtain any materials, documents or information through any means not made available on purpose by Ubirider, S.A.;
2. He/she shall not try to obtain non-authorised access to any part or functionality of the app, as well as to any other systems/networks connected to the app, Ubirider, S.A.'s server or any of the available services, both in the app or through it, by hacking, password exploitation or any other illegitimate channels;
3. He/she shall not analyse or test the vulnerability of the app or any network connected to it and shall not break any security measures or of authentication of the app or any network that is connected to it;
4. He/she shall not pursue any information related to other users of the app or exploit any of the services made available by it in any way that the objective is to reveal information about the users, including personal information or identification that is not his/her own information;
5. He/she shall not perform any action that imposes a non-reasonable or unjustifiably large load on the app’s infrastructure, as well as on Ubirider, S.A.’s systems and networks or any other systems or networks connected to it;
6. He/she shall not use any device or software that might interfere or try to interfere with the correct working of the app, with any transaction being made in the app or with its use by any other user;
7. He/she shall not forge headers or manipulate any other identifying data in a way that the origin of any complaint or suggestion sent to Ubirider, S.A. through the app is occulted;
8. He/she shall not pretend that he/she is or represents another person, nor shall try to pass by any other individual or entity;
9. He/she shall fill with precision his/hers registration data, abstaining from introducing any false information, especially in the contact and age field(S).;
10. In the case that the user is under 13 years of age, he/she must give Ubirider, S.A. the identification data and contact of at least one of the parental responsibility holders, including email. The registration of these users is temporary and conditioned to the express authorisation and consent by his/hers parental responsibility holders that the minor is allowed to use Ubirider, S.A.’s app. This consent shall be sent to the email by the responsible adult in a 10 days’ time frame, counting from the day of the initial registration, under the consequence of the registration being deemed null.
In the cases that this authorisation is not obtained and Ubirider, S.A. detects the use of the app by a person under 13 years old, Ubirider, S.A. will stop the minor from using the app and will eliminate all the information regarding said user, except the ones that the law or Ubirider, S.A. legitimate interest imposes/allows to keep.
11. In case the user is more than 13 years old and less than 16 years old, he/she shall provide Ubirider, S.A. with identification data and contact information of at least one of the holders of parental responsibility, including email. The registration of these users will depend from the previous knowledge of the holders of the parental responsibility about this action, and those holders will be notified by Ubirider, S.A., by email, of the registration; they can, at any time, ask for the cancelation of said registration. In these cases, Ubirider, S.A. will eliminate the minor’s account, according to the received instructions, without prejudice of keeping the data that the law or Ubirider, S.A. legitimate interest imposes/allows to keep.
12. The accounts of the minors are limited to the consultation and informative functionalities of the app, with the purchases or subscriptions of any service, paid or free, available in the app being blocked.
13. He/she shall not use the app for any other ends that are deemed illegal or prohibited by these terms and conditions of use or for other activities that breaks or causes damage to the rights of Ubirider, S.A. and its partners.
5. Privacy and data protection
Additionally, by using our digital platforms, User recognize and agree that any transmission made through the Internet is never completely private or secure. User recognize that any message or information sent, may be read or intercepted by others, even when there is a special alert stating that said transmission is encrypted.
6. Legal notices
All the information provided in our digital platforms is subjected to alteration, that will be communicated to you in the foreseen terms of point 1 of the present terms and conditions of use. Ubirider, S.A. does not guarantee that downloading any available material on our digital platforms is free of viruses or contamination or destructive functionalities.
Ubirider, S.A. declines all the guarantees, express or implicit, including any precision, non-infraction, commercialisation and fitting to a certain end guarantees, specially related to the information and services provided by its partners, which are exclusively their responsibility.
Ubirider, S.A. declines all and any responsibility by the acts, omissions and conduct of third-party entities connected with, or related, with their use of our digital platforms and/or any services provided.
The user assumes total responsibility for his/her use of our digital platforms and any hyperlinks it may find. The user’s only solution against Ubirider, S.A. when he/she is unsatisfied with our digital platforms or any of its content is to stop using them. This limitation or reparation is part of the deal between the parts.
The legal notice stated above applies to any damage, responsibility or injury caused by any performance flaw, error, omission, interruption, elimination, defect, delay in operation or transmission, computer viruses, breakdown in the line of communication, theft or destruction, unauthorised access, alteration or use, either by breach of contract, civil illicit, neglect or any other cause of action.
Ubirider, S.A. reserves itself the right of, at any time, take into effect the following procedures:
Modify, suspend or cancel the use or access to our digital platforms by any reason;
Modify or alter our digital platforms, or any policies or applicable terms;
Interrupt the operation of our digital platforms, if needed to perform maintenance operations, routine or not, correction of errors or other alterations.
7. Booking and payment conditions
The purchase of any service or product available in Ubirider, S.A.’s app is made directly to the mobility operator that is providing the service, independently of the entity to whom the payment is made and who issues the transportation title. Even in the cases in which Ubirider, S.A. is responsible for issuing the transportation title and the invoice or relevant fiscal document, the execution of the transportation contract is the full responsibility of the mobility operator.
Ubirider S.A .also informs you that, under the contractual terms established with the mobility operator, the booking and fare payment of the service may be done directly to Ubirider S.A, or directly to the mobility operator or any other company designated to that purpose by the mobility operator. In any given case, the user will always be previously informed of the entity that manage the booking and payment process.
The purchasing process ends with the booking confirmation, obtained by clicking on the button “Book it”. At this moment, the user will be informed, in a clear and visible manner, of the characteristics of the service and the total price, including fees and taxes or other charges that may be applicable.
Upon confirmation, the user will receive an email with the booking details. Ubirider, S.A. does not guarantee nor it will be held responsible for any failure in the services provided by the various mobility operators with whom has relations, from any nature including, but not only, delays, cancelations, flaws on the route and services information, exceptional service disruptions, among others.
Any request for reimbursement or complaint regarding the provided service must be made with the responsible mobility operation, according with their terms and conditions of sale.
In the cases when the booking and fare payment are made with Ubirider, S.A., the company will accept to receive reimbursement requests; however, Ubirider, S.A. will forward them to the mobility operator who will analyze said requests in light of their own terms and conditions of sale.
The celebrated contract is not subjected to the right of the free resolution of the consumer in the time frame of 14 days subsequent to its celebration or acquisition of the bought physical ticket, not being applicable article 10º of Law 24/2014 of 14 of February.
8. Limitation and exclusion of responsibility
Ubirider, S.A. rejects any responsibility related to the content of any hyperlink that you may find on our digital platforms to other pages/platforms of independent third parties. These hyperlinks are provided exclusively for the information of our users and are not controlled by Ubirider, S.A.. You should make your own independent judgement regarding your interaction with the content of those pages/platforms and Ubirider, S.A. will not assume any responsibility for any damage or loss that may result from its use.
In any case should Ubirider, S.A. be responsible for any indirect, consequential, exemplary, incidental or punitive damages, even when alerted to the possibility of said damages, except when the law dictates differently.
9. User’s responsibility
According to these terms and conditions of use, the user agrees to indemnify and exclude liability of Ubirider S.A., its representatives, directors, predecessors, successors and employees, for any requirements, losses, complaints or expenses (including judicial expenses) made against Ubirider, S.A. due to the use of our services or infraction of these terms and conditions.
10. Violation of these terms and conditions of use
Ubirider, S.A. may divulge any information that detains about you (including your identity) if such divulgation is deemed necessary to assess any complaints related to your use of our digital platforms or to identify and set up the competent judicial or extrajudicial means against whom causes damages or interferes (intentionally or unintentionally) with the rights or property of Ubirider, S.A., or with the rights or property of the remaining users of our digital platforms.
Ubirider, S.A. may also divulge your information when it deems that the applicable law requires or allows said divulgation, including the exchange of information with other companies or organization under protection and prevention against fraud.
11. Claims procedures (Applicable law and jurisdiction)
The user agrees that all subjects related with access and use of our digital platforms, including all disputes, will be ruled and interpreted according to the Portuguese law.
Any complaint about these terms and conditions of use must be presented in a time frame of one (1) year after the cause of action or complaint arises. In case of controversy or dispute between Ubirider, S.A. and the user, due or related with the use of our digital platforms, the parties must promptly and in good faith try to settle any dispute.
In case an amicable resolution is not possible in a reasonable time frame, not superior to thirty (30) days, you can access the online dispute resolution platform, provided by the European Commission, available in http://ec.europa.eu/consumers/odr/.
In the case the dispute value does not exceed 5.000,00€ (five thousand euros), the user may choose to submit the cause to an alternative dispute resolution mechanisms, that may be put into action by any Alternative Dispute Resolution Entity that is legally authorised in the terms of article 14º of the Consumer’s Protection law.
If the dispute cannot be solved through any mechanism of extrajudicial resolution of consumer disputes, then the parties are free to submit the dispute at the Portuguese Courts, expressively agreeing to renounce to any others.
Last update: December 2019