myCarflix Terms and Conditions

PREAMBLE:

myCarflix is ​​a registered trademark of Salvador Caetano Auto, SGPS, SA, NIPC 505185130, headquartered at Avenida Vasco da Gama, 1410, 4430-247 Vila Nova de Gaia and operated by CHOICE CAR, SA, NIPC 504041762, headquartered at Avenida Vasco da Gama, 780, 4430-247 Vila Nova de Gaia. 

hese Terms and Conditions are directly applicable to any and all persons who use myCarflix services through the website www.mycarflix.pt, and/or the myCarflix mobile application, hereinafter referred to as “USER”. The use of our services assumes that the USER has read and accepted these Terms and Conditions, being legally bound by them. 

The myCarflix Services are provided simultaneously with services from other platforms, namely those belonging to Salvador Caetano Auto, SGPS, SA’s subsidiaries, so Terms and Conditions of these same platforms may also apply. These terms are available on the respective websites, as listed below: 

myCarflix provides a personalized subscription service, which offers its members access to various mobility services via the internet (via mobile application and/or via desktop platform). 

These Terms and Conditions govern your use of the myCarflix service. 

As used in these Terms and Conditions, the terms “myCarflix service”, “our service” or “service” mean the personalized service provided by myCarflix to explore and access the services present on the platform, including all the functions and functionalities of our websites. and user interfaces. 

1. DEFINITIONS

CLIENT – Natural or legal person who enters into the current contract with MYCARFLIX.   

USER – The beneficiary of the services provided by MYCARFLIX. 

PROVIDER – Entity or entities chosen by MYCARFLIX and indicated by it to the CLIENT and that assume the provision and execution of the services object of this contract.  

MOBILITY SERVICES – The services object of this Agreement and whose enumeration and description are expressly set out in www.mycarflix.pt 

MOBILITY BALANCE – Fixed monthly amount attributed to the USER by the CLIENT and which allows the USER, within the scope of the defined amount, to enjoy the MOBILITY SERVICES object of this Agreement on a monthly basis. 

2. OBJECT

  1. The purpose of this Agreement is the provision of the MOBILITY SERVICES by myCarflix to the CLIENT, which will be made available by myCarflix to the USER upon express request for this purpose and within the limits of the MOBILITY BALANCE assigned to the USER by the CLIENT.   
  2. Without prejudice to the provisions of this Agreement, any and all services subscribed to the myCarflix platform will be fully regulated by the provisions of the respective contract to be signed between the CUSTOMER or USER and the respective SUPPLIER, and in case of discrepancy with the provisions of this Agreement, the aforementioned agreement with the SUPPLIER will always be observed.  

3. START AND DURATION

  1. The Contract is entered into on the present date, takes effect immediately and will remain in force until terminated by one of the PARTIES, the PARTIES establishing that the termination shall not take effect while any contract with a SUPPLIER entered into under this Contract is in execution.  
  2. The denunciation must be communicated at least 30 days in advance of the date on which it should take effect. 
  3. Any cancellation and/or withdrawal of the MOBILITY SERVICES will follow what is expressly provided for in the contracts entered into directly between the CUSTOMER or USER and the respective SUPPLIER.  

4. ACCESSION

By means of the respective subscription, the CLIENT makes its adhesion to myCarflix effective, requesting and authorizing myCarflix to contract and provide the services contained therein to the USER in accordance with the MOBILITY BALANCE established therein and in the exact terms provided for in this contract as well as in the contracts entered into and/or to be entered into between the CUSTOMER or USER and the respective SUPPLIERS.

5. SERVICES PROVISION

  1. The CUSTOMER expressly acknowledges that the services object of this Agreement are not provided by myCarflix but by the SUPPLIER, which is why the CUSTOMER or USER will enter into contracts directly with such entity, with myCarflix not intervening in them, namely with regard to possible conditions contractual obligations that may be required by the respective SUPPLIER. 
  2. The CLIENT recognizes that there may be situations of eventual deficiency in the services provided in which myCarflix cannot be attributed any direct responsibility, since this fact is solely and exclusively attributable to the SUPPLIER, and whenever the CLIENT has a claim to make about services provided, you must do so directly with the SUPPLIER, when applicable.   

6. MOBILITY BALANCE

  1. The CLIENT is responsible for defining the USER’S MOBILITY BALANCE, and myCarflix has no intervention in such definition.  
  2. After defining the MOBILITY BALANCE, the USER is responsible for determining the MOBILITY SERVICES that will be allocated to the respective MOBILITY BALANCE, which will serve as payment for the respective services, without prejudice to the provisions of the following clause. 
  3. In cases where the USER does not enjoy the totality of the MOBILITY BALANCE in the month to which it relates, the remaining amount will be accumulated successively for the following months, expiring on the last day of each calendar year. 

7. PAYMENT AND VOUCHER

  1. The price, corresponding to the sum of the MOBILITY BALANCES defined under this Agreement, will be paid monthly by the CLIENT directly to myCarflix according to the due dates determined by myCarflix.  
  2. Monthly, or at intervals to be defined by the Parties, myCarflix will send the CUSTOMER the various invoices issued by the SUPPLIERS arising from the use of the MOBILITY SERVICES by the USERS.  
  3. All services or charges for which the CLIENT is responsible within the scope of the general conditions of the contracted MOBILITY SERVICES, which do not fit into the previous number and which exceed the MOBILITY BALANCE, must be paid by the CLIENT directly to the respective SUPPLIER, with myCarflix not assuming any responsibility about them.  
  4. Unless otherwise authorized by myCarflix, the payment method accepted by the CUSTOMER is the direct debit system (SDD), with the CUSTOMER being obliged to provision their account in a timely and appropriate manner, so that all transfers to the myCarflix account can be carried out. 
  5. In the event of late payment of any amounts due under this Agreement, the CLIENT will owe, without prejudice to other amounts arising from contracts entered into directly with the SUPPLIERS, late payment interest at the maximum legal rate in force on the date of the late payment, administrative expenses devolution of the SDD collection and judicial and extrajudicial expenses, expenses with lawyers, solicitors, among others. 
  6. The non-use of the MOBILITY SERVICES cannot be invoked by the CLIENT as a reason for the non-punctual payment of the price defined in number 1 of this clause, on the respective due dates. 

8. RESOLUTION

  1. In addition to the other cases provided for by law, the contract may be terminated, on the initiative of either PARTY, based on the non-compliance by the other Party of any obligation resulting therefrom, provided that the PARTY in default has been addressed and has not corrected the situation of non-compliance within 3 (three) working days from the receipt of the communication.  
  2. myCarflix may also unilaterally terminate this contract, with immediate effect, in the following cases: 
    • Dissolution and/or insolvency of the CLIENT or, in the case of a natural person, his death; 
    • Cessation or suspension of the CLIENT’s activity, as well as judicial sale of its assets.
  3. Regarding MOBILITY SERVICES, the resolution will follow the rules and will have the consequences duly foreseen in the contracts entered into with the respective SUPPLIER.  

9. PERSONAL DATA PROTECTION

  1. The personal data provided by the CLIENT and USER will be collected and processed by myCarflix, in its capacity as responsible for the treatment, and are intended solely and exclusively for the following purposes:  
    • Execution and fulfillment of pre-contractual and contractual obligations;  
    • Compliance with legal obligations; 
    • Management of the contractual relationship with the CLIENT and USER, namely for the purposes of contacts for administrative and/or operational reasons; 
  2. The personal data provided will be stored for the minimum period strictly necessary to fulfill the purposes set out in the previous number, being deleted as soon as it is verified that they are no longer necessary. 
  3. myCarflix undertakes to treat the personal data provided by the CLIENT and USER with the utmost confidentiality and solely and exclusively for the purposes identified in the previous number, implementing technical and organizational measures in order to protect personal data against accidental or unlawful destruction. , accidental loss, alteration, dissemination or unauthorized access to them.  
  4. The personal data provided by the CLIENT and USER will be shared with myCarflix SUPPLIERS or service providers, solely and exclusively to fulfill the pre-contractual and contractual obligations assumed under this Agreement, guaranteeing myCarflix that such entities are also equipped of technical and organizational measures to guarantee the total protection of the CLIENT’s and USER’s personal data and that they will only process the data for full compliance with the purposes inherent to the execution of the Contract. 
  5. Without prejudice to the provisions of the previous number, the SUPPLIERS, within the scope of the contractual relationship established with the CLIENT and the USER, may proceed with autonomous collection of personal data, applying, in such case, the respective privacy policies in force.  
  6. myCarflix guarantees that it will never sell, loan or transfer the CLIENT’s and USER’s personal data to third parties, without their express and explicit consent for this purpose, and is also obliged to collect the express consent of the CLIENT and USER to the processing of personal data for purposes other than those described in paragraph 1 of this clause.  
  7. he CLIENT and USER, as holders of personal data, are guaranteed the right to access, rectify and delete personal data, as well as the right to limit the processing of their personal data, oppose such treatment and request portability of the same. data, simply by contacting myCarflix via email privacidade@choicecar.pt, and may also file a complaint with the supervisory authority (www.cnpd.pt).  
  8. By signing this AGREEMENT, the CLIENT confirms that he has read and accepted the myCarflix Privacy Policy, which is always updated at www.mycarflix.pt, which is an integral part of this Agreement.  

10. MYCARFLIX.PT PLATFORM

  1. myCarflix tries to guarantee full availability of the platform and the respective accounts, however, it cannot guarantee uninterrupted and error-free online access. 
  2. In addition, myCarflix may, from time to time, suspend or restrict access to the platform and/or user account for technical reasons (repair, maintenance, etc.), for reasons related to security or to introduce changes (new installations, services, applications, etc.), without incurring any liability.  

11. FINAL DISPOSITIONS

  1. By subscribing to myCarflix, the CLIENT declares that he has been duly informed of all contractual clauses, having full knowledge of them and accepting them in full.  
  2. Without prejudice to some specific formalities for certain communications provided for in the Contract, any communication must be made in writing, via email. 
  3. In the event that any of the clauses of the Contract is deemed invalid or void, this will not affect the validity of the others, and the PARTIES undertake to replace the invalid or void clause, assumed in good faith, with another that produces the same effects. 
  4. myCarflix will not be responsible for submitting information that contradicts the information provided by the SUPPLIERS, and the information presented is not binding for any purpose, namely, claims for damages or lawsuits. 

12. APPLICABLE LAW AND JURISDICTION

The present terms and conditions of use are governed by the applicable Portuguese legislation, being defined as the competent forum to resolve any questions related to the interpretation of the same as well as the use of myCarflix the forum of the District of Porto, excluding any other forum .