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Sponsors Terms of Use

The “ASMAA Business Directory” Terms and Conditions are effective as of 1 July 2017 and are applicable to all new and existing ASMAA business directory sponsors. The terms may be amended from time to time, and they apply to both free and paid business listing sponsorships.

1. Important details about your sponsored business profile

You should read and understand these terms, because they apply to you, to your business and the products or services that you provide.

  • All of our sponsorship opportunities have a Minimum Period applicable to each one. You are responsible for the up-front sponsorship donation payment. After the Minimum Period your sponsorship will continue unless you cancel it.
  • Should you not wish to continue with the Sponsorship after the Minimum Period has expired, you must notify ASMAA of your intention to cancel by giving ASMAA 30-day notice by email.
  • Positioning on any of ASMAA’s websites varies and ASMAA does not guarantee a particular or consistent position or ranking of your sponsored business profile.
  • ASMAA will send you notices by email, through your sponsorship pledges, receipts and by SMS. Please ensure that you notify us of any changes to your contact details, and we request that you check your profile on a regular basis to ensure its kept up to date, as well as that you check any notices, payment records and sponsorship receipts carefully.
  • ASMAA reserves the right once your contract is terminated to retain information about your business in a simplified format in our business directory website and servers.

2. Key Sponsorship Features

All sponsorships are governed by an agreement. To assist you in understanding the responsibilities it brings to you, here’s an easy explanation:

  • What’s the Minimum Period and when does it start? The minimum period for all sponsorship agreements is 6-months. Starting date is the date in which your profile goes live in the business directory website.
  • When will the Sponsorship Contract terminate? When you cancel it after the Minimum Period, by giving ASMAA 30-days written notice of termination. Until then, your sponsorship remains active.
  • What’s the cancellation policy and are there any cancellation fees? You can cancel your sponsorship at any time by giving 30-days written notice to ASMAA. If you cancel within the Minimum Period of 6-months, the cancellation fee is the remaining portion of your sponsorship.

3. The Content of your listed business profile

There’s no doubt that you as the owner/manager know your business best. As a result it is important that you take an active role in writing the business profile that will be displayed on our business directory website. However, we may include other content that we deem to be of interest to your customers from your website, Facebook pages, or from other sources, e.g. YouTube, etc.

When we talk about CONTENT, we include such things as: any information or material, including your business name, address, contact details, logo, photos, videos, illustrations, artwork, text, URL, or any other type material pertaining to your business that we have access to.

You are however responsible for:

  • Making sure that your business content is accurate; and
  • Giving us updated content.

We may reject, remove or change any content in your business profile if:

  • you are in breach of any guarantees to your customers or do not keep your promises to your customers;
  • if we are of the opinion that the content of your profile breaches the sponsorship agreement, contravenes any laws, breaches any third party rights, or is inappropriate or defamatory;
  • if a regulatory body or law enforcement agency so demands; or
  • as permitted under these terms.

Wherever possible we will give you prior notice before doing so.

General

  • We may syndicate some or all of your content to Third Party websites, or to websites that we control.
  • Your business profile may be displayed by us or by third parties together with other content.
  • When your sponsorship agreement is terminated by either party, we may retain, delete or continue to display any content relating to it. However, you will still be able to update and amend any of your content that we continue to display.

4. About ASMAA’s Business Directory

ASMAA is making provisions to address any amendments or additional functionality at any time in the future to things like: new profiles, changes in technology, changes in business categories or offerings, we may make changes as well to any web page, website, or to any other means at our disposal to display a business profile, including:

ASMAA may change at any time a profile type, your content, ASMAA’s Business Directory website or any of its pages; other means of displaying a business profile, including:

  • size and display presentation of your business profile (e.g. format, design, placement, order, position, etc.); and
  • headings, categories or offerings, including the availability of new or different Sponsorships in certain categories or headings.

Changes to search criteria or/and algorithms

Due to the nature of our technology and the business directory business case, we will have to make changes to algorithms and search criteria from time to time. ASMAA does not as a result guarantee a particular or consistent position or ranking of your business profile, nor will we notify you of changes to algorithms or search criteria.

5. ASMAA's use of Third Parties

ASMAA may include in your listed business profile:

  • links to and content from Third party websites that we reasonably consider relevant to you; and
  • cookies, widgets, gadgets, tiles, pixels, and other tools that enable end-users to interact with Third Party websites and you.

You agree that to carry out the activities referred to above in this section 4, you authorize us to accept Third party terms and conditions on your behalf, and agree to be bound by those terms and conditions.

6. Reviews

ASMAA uses a combination of own content, sponsors content and user generated reviews. All of which can be of great assistance in meeting your marketing and advertising targets, and greatly assist in leading potential clients to your business profile. However this feature only applies to these sponsored business profiles that qualify for this feature. If your business is one of them, then you acknowledge that we will manage the reviews in accordance with ASMAA’s Review Guidelines and Policy.

From time to time, we may, without notice to you, remove reviews from your business listing if they do not meet our review guidelines and policies. However, neither ASMAA nor any of our collaborating partners are responsible for, or under any obligation to remove any review from your business listing.

7. Notification of Changes to the Website, to Prices or to Terms and Conditions

Because development is a continuous and ongoing process, we may make changes to the website, to pages, to profiles, to design, layout, etc. If you have a paid sponsored business profile, our notification policy to you, is as follows:

  • Changes that in our reasonable opinion will have a neutral or beneficial impact on you. We are not required to inform you, as your sponsored business profile will continue to benefit under the new terms and conditions, price or functionality.
  • Changes that we reasonably think may have a MINOR detrimental impact on most sponsors (includes marginal price changes) – we will give you reasonable prior notice of upcoming change, except in the case of an urgent change requirement resulting from any legal, security, fraud or for technical reasons. In these situations we will endeavour to give you 3-days prior notice, although we may have to act immediately.
  • Changes we reasonably think may have a MAJOR detrimental impact on most sponsors (or a major price increase) – we will give you reasonable prior notice of upcoming change, except in the case of an urgent change requirement resulting from any legal, security, fraud or technical reasons. In these situations we will endeavour to give you 3-days prior notice, although we may have to act immediately. In this instance you may cancel your sponsorship without incurring any cancellation fees.

If, within a 60-days of minor change notification, you can demonstrate that the change has had major negative impact on your business profile, you may cancel your sponsorship without incurring any cancellation fees.  Note: During your Minimum Period phase, you will not be impacted by any price increases that may occur – meaning your sponsorship fees remains the same.

8. Yours and Ours Intellectual Property (IP)

  • Your intellectual property – you grant us, our collaborating partners and licensors, a perpetual royalty free license to use, reproduce, modify, adapt, communicate to the public and sub-license the content you give us for the purposes of providing the sponsored services, including the business directory listing, and to syndicating or otherwise making available any content in your business profile, at our absolute discretion (including via a third party’s product or service)
  • Our intellectual property – We (ASMAA) (or our licensors) own all intellectual property rights in and to your business profile listing (other than content you own) and any other content, data, reports (including tracking, marketing and advertising performance reports) or other materials produced under these Terms and Conditions or in connection with any of our services or products. If we give you data or reports, we give you a license to use it for internal business analytical purposes only. You shall not use, reproduce or do anything else with it without our prior express written consent.

9. ASMAA's promises and our limitation of liability

Although ASMAA will use due care, diligence and skill in providing the sponsored Business Listing service, neither we nor our collaborating partners and/or licensors promise or guarantee that the service will be free from errors or omissions, or provided to you by a specific timeline or date of delivery.

To the maximum extent permitted by law, our liability for a breach of our promises is limited at our option to:

  • re-supply of your specific listing service, free of charge.
  • re-fund you the fee of your specific listing service.

Apart from your rights under this section (and to the maximum permitted by law), we, our collaborating partners or our licensors will not be liable for any loss, damage, claim or demand incurred or made by any person arising out of or in connection with the sponsorship listing agreement, including from provision of, or failure to provide, the listing service.

Nothing in these terms and conditions is intended to exclude, restrict or modify any rights you may have under the Portuguese Consumer Law.

10. Your guarantees and your promises

You guarantee and promise to ASMAA, our collaborating partners and our licensors that:

  • you lawfully provide the products and/or services advertised in your sponsored business listing. That you provide it from or in the advertised location, and that you meet our sponsoring and business eligibility criteria;
  • you either own all intellectual property rights for the content supplied to us by you, or that you have obtained the necessary authorization/s from the owner/s of these rights and thus enable ASMAA to collect and use any content you provide us;
  • you are not in breach of any of our agreements, contracts or obligations to any third party, our privacy policy or relevant Third Party terms and conditions;
  • no inappropriate, defamatory, unsuitable for minors, misleading or deceptive (or likely to be), or that it promotes criminal activity; or that
  • in our reasonable opinion, adversely affects our, our collaborating partners or our licensors reputation;
  • your content and your website is free of “worms”, “viruses” and other disabling devices.

You agree to indemnify ASMAA, our collaborating partners and our licensors against all claims, damages, costs, penalties, and liabilities of any nature whatsoever, including any losses caused directly or indirectly by your:

  • breach of the guarantees and promises given by you; and
  • appointment of ASMAA as your agent for any purpose specified in this sponsoring agreement, but not to the extent that any loss is caused by our negligence, or breach of contract.

11. Confidentiality

All information of a confidential nature that we disclose to you under this sponsorship agreement is confidential and you may not disclose it (or your employees, officers, advisors or contractors) to any third party, except for the purposes of the sponsorship agreement, unless such information:

  • is already known by you;
  • has been lawfully acquired by you from another source;
  • becomes publicly known other than by your unauthorized disclosure; or
  • must be disclosed pursuant to any legal obligation you have.

12. Notices and Communications

ASMAA’s key method of communication are:

  • Via email
  • Through notices on our website
  • Through receipts; and
  • By SMS

As technology changes, we may adopt other methods of communication, but we will notify you of these changes before we adopt them. To ensure that we can contact you, it is essential that you notify us of changes to your contact details, including your phone number, mobile number, email address and postal address. Please also make sure that you check your email regularly. If we send you emails, you’re deemed to have received any email we have sent to the email address you have provided to us to contact you. If we receive an automated email non-delivery notification from your email account, we will make reasonable attempts to contact you by other methods. If we leave you a voice message, please call us back promptly.

13. Sponsored Business Listing Other Specific Terms

ASMAA’s Business Directory website, although having great features and leading edge supporting technology to promote your listed business profile, the fact is that the profile templates are not designed specifically for your business but are instead of a general layout, although we do a certain degree of customization of your content to promote your business in the best light, we will not promise that your business listing will have an unique look and feel.

You will be notified when your business listing is ready for your approval. If you don’t approve it by the specified deadline we will automatically publish it, and your 6-month sponsorship will then start as from the official publication date.

14. Other General Terms

  • Only ASMAA may assign or transfer our rights and obligations under a Contract or a Sponsorship Listing Agreement and we don’t need your consent to do so.
  • Each agreement / contract is governed by Portuguese Law.
  • Each Contract constitutes the entire agreement between you and ASMAA, and supercedes all other agreements between you and ASMAA relating to the subject matter.
  • If any term or clause in the Agreement / Contract is considered or declared invalid, unenforceable or illegal, that term shall be struck out and the remaining terms and clauses shall remain in force.

 

Updated: 1 July 2017

 
ASMAA - Algarve Surf and Marine Activities Association
NIPC: 510 381 952
info@asmaa-algarve.org
Tel: 00 351 282 182 103
Rua Dr. Alberto Iria, Lote 12, R/C Esq
Lagos 8600-580, Portugal