Grupo José Avillez, Lda., VAT number 509 311 965, established at Rua Nova da Trindade, no. 18, 1st floor, Lisbon (phone no. +351 214 812 245 and webpage address www.joseavillez.pt), herein after José Avillez Group.
These general Terms and Conditions regulate the access, use and personal data protection of http://www.canto.pt/en which José Avillez Group makes available to consumers in order to analyse and finish the purchase of the Program [delivery of a Menu (Starters, Main Dish and Dessert), during which a music show (to be defined by José Avillez Group) will be offered] and the payment procedure that will be executed and controlled by Stripe, Inc.
Through the Program’s use and purchase, consumers accept the present Terms and Conditions for Use and Purchase of the Program.
In any event, José Avillez Group recommends the careful reading of the present Terms and Conditions for Use and Purchase of the Program to all consumers before purchasing the Program.
A. GENERAL RULES OF THE RESTAURANT
1. The Program will start at 19:30 and its music show will begin between 21:30 and 22:00;
2. Should there be any delay on the Customer’s part, and if the Program has already begun by the time the consumer arrives, José Avillez Group will not reimburse any amount;
3. Dress code: casual chic;
4. Smoking is not permitted; the use of mobile phones, cameras and/or video is not allowed while the Program is taking place;
5. Any attempt of physical contact with the participants of the Program is strictly forbidden;
6. Every and any customary rule and standard in restaurants of the type and standing of Canto Restaurant;
B. PAYMENT AND STRIPE ACCOUNT
1. The ticket issued for the Program includes the Menu without drinks, during which a show will be offered;
2. The Menu is not subject to any changes and it is the sole responsibility of the customer to specify food restrictions at the time of booking;
3. The personal data provided by the customer is considered of the utmost confidentiality;
4. José Avillez Group is responsible for providing support to customers regarding invoices, cancellations and refunds concerning the services provided;
5. According to the applicable law, José Avillez Group is responsible for determining taxes or fees applicable to the services provided;
6. José Avillez Group is responsible for providing consumers with receipts or invoices concerning the services provided; verifying the identity of consumers; determining the eligibility and authority of the consumer to complete the purchase of the Program;
7. José Avillez Group hereby informs consumers that a third party (Stripe, as identified above) has been hired to perform and control the processing of the acquisition of services provided by José Avillez Group; similarly, José Avillez Group is committed to maintaining, together with the referred company, all reimbursement procedures, cancellation or adjustment policy, explaining the process through which consumers can be reimbursed in a clear manner; the personal data collected by Stripe are the following: name, e-mail, telephone number, credit card number, Credit Card validity date and Card Verification Value; José Avillez Group never accesses the consumer’s credit card information, only the personal data necessary for the purchase of the Program;
8. José Avillez Group and Stripe process the personal data, as Joint Controllers of the Data Processing, under article 26 of the General Data Protection Regulation and determine the purposes and means of processing, according to the terms of the Privacy Policies available at joseavillez.pt and stripe.com;
C. CANCELLATION AND RETURN
1. According to the applicable law, José Avillez Group establishes that it will reimburse 100% of the price of the ticket that was purchased for the Program, only when it is requested until eight days prior to the event (without prejudice to the provisions in the following paragraph, there will be no return in case the reservation is made 8 days prior to the event or less);
2. According to the applicable law, José Avillez Group establishes that it will reimburse 50% of the price of the ticket that was purchased for the Program, only when it is requested until two days prior to the event (there will be no return in case the reservation is made 2 days prior to the event or less);
3. It is possible to change the date of the reservation until 24 hours before the very day of the event and only twice;
4. The name under which the reservation is made can be changed until the very day of the event;
5. To request a refund or change the reservation date under the terms described above, consumers must send an e-mail to ticketscanto@joseavillez.pt requesting the refund or the change and indicating all the information regarding the booking and the customers;
6. The invoice with tax payer number must be requested to the Booking Centre via the email address ticketscanto@joseavillez.pt;
D. PERSONAL DATA PROCESSING
1. Consumers must provide the personal data necessary to the Program’s purchase; these data shall be processed by José Avillez Group (Controller of the Data Processing) with the following purposes: (i) reservation management; and (ii) invoice, cancellation or reimbursement; said data must be the following: full name, e-mail, telephone number, reservation code, VAT number and food allergies or intolerances;
2. Data subjects are guaranteed the rights to access, information, rectification and erasure, at any time, by written request sent to the e-mail dpo@joseavillez.pt or the address indicated above; 3. For further information, please read our privacy policy available at www.joseavillez.pt;
José Avillez Group guarantees adequate levels of security and personal data protection. For this purpose, several security measures were adopted, both technical and organizational, in order to ensure the personal data protection against dispersion, loss, undue use, change, processing or unauthorized access, as well as against any other form of illicit processing. The personal data will be stored and kept only for a minimum period necessary for the purposes indicated in 1., which motivated their collection and later processing.
E. GENERAL RULES FOR USE OF THE WEBSITE
1. This site and the data collected in it are personal and non-transferable and, as such, any misuse is the consumers’ sole responsibility;
2. Consumers are responsible for always confirming the information on this page;
3. By purchasing the ticket for the Program, the costumer accepts every condition in this document and acknowledges to be aware of it by finishing the process of purchasing the services;
F. PRICES
1. The total amount of the Program purchase (that may vary from reservation to reservation, pursuant to meeting certain requirements) that is indicated in the web page designated to process and finish the purchase is published in euros and includes taxes and fees applicable during the time of the promotion and, when applicable, Stripe Inc. processing fee will be indicated;
2. Prices published are applicable during the time they remain published, and José Avillez Group may alter them without any prior notice; this alteration will not include purchases that have already been finished, without prejudice of cases of blatant error;
José Avillez Group further informs that the Program does not include service of any drinks, before, after or during the moment the menu is served, and, as such, any drinks that are ordered and served throughout the Program, must be paid by consumers at the end of the Program, according to the price list that will be made available;
G. PURCHASE PROCEDURE
1. Consumers must follow all the steps and information provided on either the web page or by telephone in order to complete the purchase procedure;
2. The payment methods are included in the acquisition process and no other forms will be admitted (payments by Visa, Master Card, American Express and bank transfer are accepted);
3. Bank transfer as a payment method will only be accepted with proof of payment issued by a banking institution and must be sent until 24 hours prior to the day of the event; the reservation for the intended date will only be confirmed upon receiving this proof;
4. By finishing the purchase of the Program under the Terms defined here, consumers take on the commitment of paying in advance for the services provided;
H. LIABILITY EXCLUSION
1. Use of this page is free and voluntary and, as such, José Avillez Group declines any responsibility for damages resulting from the use of this website; in the same way, there is no guarantee that access to this website will be uninterrupted or free of errors, virus or damaging material and is thus not subject to complaints, penalties, compensations or expenses that may arise from the use or ineffectiveness of the website or of the unauthorized access or modifications thereof;
2. José Avillez Group reserves the right to make changes and corrections, suspend or terminate this website whenever appropriate, without prior notice to any user, and maintaining full compliance with the obligations already taken on with consumers;
3. José Avillez Group does not filter or monitor the content transmitted to this website by third parties and shall not be responsible for filtering any content of this kind; if notified, José Avillez Group may investigate an alleged infringement of the Terms and Conditions for the Use of the website and may determine that the information should be removed from it;
4. While using the website, the user agrees to refrain from transmitting any illicit, defamatory, pornographic or outrageous content that may violate the law; José Avillez Group will work with law enforcement authorities that order the disclosure of the identity of any person who transmits such type of content;
5. The line-up of the Program’s music show may be changed or cancelled until the very moment the show is performed, and José Avillez Group is not liable for any of these occurrences that do not grant the consumer the right to any compensation or change in the reservation;
6. This disclaimer is not intended to limit the liability of José Avillez Group or exclude its liability in cases in which this is legally allowed;
I. COPYRIGHT AND PROPERTY RIGHTS
1. The contents of this website, including images, text, advertising, audio, video or other material is protected by Copyright and Related Rights, under the general terms of the law and by the national and international legislation on Intellectual Property Protection;
2. It is forbidden to display, reproduce, modify or transmit the contents of the website in any way, either for public or commercial purposes, without prior and declared written consent by José Avillez Group;
3. Free use authorized by law is the only exception to this limitation, namely the right to quote, as long as its origin is clearly identified;
4. Use of the website for illegal purposes or any other purposes that may be considered undignified for the image of José Avillez Group is strictly forbidden;
J. USE AND RISK
1. All users are forbidden to create or add any viruses or programs that may destroy or infect the website or advise third parties to do so ¾infringement will lead to prosecution;
2. By using this webpage, consumers agree not to (a) violate the law, the Terms and Conditions of the Program; (b) damage the image, the interests and the rights of José Avillez Group or any third parties; (c) damage, disable or overburden this page in order to prevent or alter, in any way, normal use of this page; (d) use false identities, replace the identity of others in the use of this page or in the use of any of the services; (e) use the services and functions available with purposes or effects contrary to law, moral codes and norms of good, public order, that may be interpreted as distasteful, offensive or controversial; (f) violate any rights of intellectual or industrial property belonging to José Avillez Group or third parties; (g) use the services and functions available, and in particular the data and information of any kind obtained through this page to send advertising, commercial or other communications, unsolicited bulk messages or SPAM, as well as to trade or otherwise disclose such data and information; particularly, the user is explicitly committed h) not to destroy, alter, render useless or, in any way, damage the data, programs or electronic documents and any other material found on this website; i) not to introduce programs, virus, macros, controls or any other kind of logical or sequential characters’ device that cause or may cause any kind of alteration to the I.T. systems;
3. Costumers shall be accountable for damages of any nature that José Avillez Group suffers, directly or indirectly, as a consequence of the breach of any obligations, duties and rules provided in this webpage;
4. José Avillez Group implements reasonable security measures which are adequate to detect the existence of viruses, but the user should be aware that the security measures for IT systems on the Internet are not invulnerable and that, as such, José Avillez Group cannot
guarantee the inexistence of virus, malware, worms, social engineering attacks by third parties (phishing, pharming, trojans, etc.) or other elements that may cause changes in consumers’ IT systems (software and hardware);
5. José Avillez Group reserves the right to interrupt: a) access to this page, temporarily or definitively, and without prior notice; b) every and any service that is provided through it, whether for reasons of technical operations, control, security, maintenance, lack of electric supply, repairing, updating, improving, or due to any other cause, and no compensation for this fact shall be demanded;
All emergent questions regarding the Terms and Conditions for use and purchase of the Program must be sent to the headquarters of José Avillez Group, at Rua Nova da Trindade, no. 18, 1st floor, 1200-302, Lisbon, by mail, or by email to geral@joseavillez.pt.
José Avillez Group reserves the right to change the present Terms and Conditions without prior notice.