Terms of Service for Atlistis.com

Last Updated: 19/06/2024

Welcome to Atlistis.com, your premier online destination for discovering and engaging with the Azores like never before. Our platform facilitates connections between local service providers and tourists, aiming to enhance the travel experience by offering a wide range of services and products unique to the Azores. Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights and obligations. By accessing or using Atlistis.com, you agree to be bound by these Terms and Connections and our Privacy Policy, forming a legally binding contract with Atlistis.com.

A. Definitions

Unless the context clearly implies a different meaning, in these Terms and Conditions, the terms and expressions used with capital letters listed below, regardless of whether they are used in the singular or plural, have the following meaning:

User – individuals or entities using Atlistis.com;
You/your – individuals or entities using Atlistis.com;
Platform/Website – Atlistis.com and its affiliates;
We/us/our – Atlistis.com and its affiliates;
Buyer/Customer – Users who view, search and acquire Services and Products at Atlistis.com in order to carry our transactions with Sellers;
Seller/Provider – Users who list Services and Products at Atlistis.com in order to carry out transactions with Buyers;
Atlistis – Druidas Citadinos LDA is a company with registered office at 29 Baia Riberia Seca / Calheta, São Jorge, Azores, 9850-202, legal entity number 518136736, with share capital of 29 Baia Riberia Seca / Calheta, São Jorge, Azores, 9850-202. Atlistis can be contacted via the following e-mail: atlistis1@gmail.com;
Category - thematic category (e.g. Services or Products) to which the Advertisement is assigned. A category can be divided into several related subcategories;
Account - set of data related to a specific User, including information about their activity on the Website, including information provided by the user on the Website. The rules relating to the account are specified in Clause C of these Terms and Conditions;
Registration - process of creating an Account by the User, after providing their data, accepting the Terms and Conditions and activating the Account;
Advertisement – a proposal for the sale or supply of the Service/Product made available by the Seller, in accordance with the principles specified in the Terms and Conditions;
Service/Product - the goods (movable or immovable) or services displayed at Atlistis.com;
Terms and Conditions - these Terms and Conditions, which establish the rules for using Atlistis.com. The current version of the Terms and Conditions is available at Atlistis.com at any time;
Transaction - any contract concluded between Buyers and Sellers regarding a Service/Product displayed at Atlistis.com;
Mediation - a structured process within the meaning of Article 3(a) of Directive 2008/52/CE.

B. General Provisions

These Terms and Conditions provide you with the rules for using our website Atlistis.com and contain the pre-contractual information mandatory under the terms of applicable law.
Contracting through our website is electronic contracting, in accordance with the provisions of articles 26 of Decree-Law no. 7/2004, of January 7 and 3 of Decree-Law no. 290-D/99, of August 2nd and complies with the provisions of Decree-Law no. 24/2014, of February 14th. If you do not agree to the conclusion of the contract by electronic means, you should not use the Website. By agreeing to these Terms and Conditions, the User acknowledges and agrees that:

The regulations governing the use of the Website, as well as procedures concerning payment and complaints, are delineated within the Terms and Conditions. It is incumbent upon any user using the Website to acquaint themselves with the content of these Terms and Conditions.
Utilization of the Website depends on the complete acceptance of these conditions by the User; hence, any User who fails to agree or adhere to these conditions will be ineligible to use the Website.
Any alterations to these Terms and Conditions will be communicated to Users via the following e-mail atlistis1@gmail.com with reasonable advance notice, not less than 15 days, unless a different legal timeframe applies.
Content published on the Website, including Advertisements, in any format (text, graphics, or video), is safeguarded by intellectual property rights, encompassing copyright and industrial property rights of Atlistis.com, Sellers, or third parties. Unauthorized use of this content is prohibited without the written consent of authorized parties. Any dissemination of data and information from the Website to third parties, whether on other websites or offline, is strictly prohibited. Furthermore, utilizing Atlistis designations, including distinctive graphic elements, without Atlistis’ consent is prohibited.
Atlistis assumes no liability in transactions; thus Atlistis bears no responsibility for advertisers' conduct or the products and services advertised by them. Users violating Atlistis regulations in their advertisements shall assume liability for any resulting damages or losses, with Atlistis absolved of any consequent liability. Atlistis, not acting as a transaction intermediary, disclaims responsibility for any ramifications arising from Users' lack of legal capacity. Atlistis rejects responsibility for any damages resulting from transactions or inappropriate conduct by transaction parties. Atlistis is not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of the platform or services.
Should Atlistis be held jointly responsible for any lack of conformity of a Product or Service, the corresponding Seller/Provider will have to fully reimburse Atlistis of any compensation paid to a Buyer plus the legal expenses Atlistis had to incur to defend itself.
Users can, within the Website, undertake the following: a. Access the Website's content. b. Utilize the Account and its associated features. c. Post Advertisements within the free limits outlined in these Terms and Conditions.
Payment services are provided by an external service provider for the convenience of Users, based on separate legal relationships to which Atlistis is not a party.
Delivery and shipping services are not provided by Atlistis.com. The Seller and the Buyer must arrange the means for shipping the products amongst themselves. Shipping details should be adjusted between the contracting parties, to which Atlistis takes no part.
Atlistis will make every effort to ensure the permanent operation of the Website. Atlistis reserves, however, the right to stop the Service or momentarily suspend its operations for technical reasons or causes outside Atlistis’ control.
Content or services may also be modified beyond what is needed to maintain compliance. Any change to digital services will not affect services previously purchased in relation to the date the changes take effect; these possible changes will not incur costs for the consumer.
Advertisements featured on the Website are arranged in relevant Categories in chronological order. This means that advertisements most recently published by the User are positioned at the beginning of the list.
Advertisements must adhere to the conditions outlined in the section “D. Advertisement rules” of these Terms and Conditions.
Users communicating via the Service's chat functionality acknowledge that conversations are not private. By accepting the Terms and Conditions, Users acknowledge Atlistis’ right to access chat content for security, fraud prevention, and website improvement purposes.
Messages and their attachments stored on the Website via account registration persist within the system for a duration of twenty-four months.

C. Accounts

To access the complete range of features offered by the Service, Users must register an account and utilize the Service as authenticated Users. This account enables Users to utilize various functionalities of the Website, including but not limited to: a. Publishing and managing advertisements. b. Browsing advertisements posted by other Users. c. Sending and receiving messages to and from other Users.
Users must be natural persons with full legal capacity, legal entities, or organizational units without legal personality conferred with legal capacity by an act. In the case of legal entities and organizational units without legal personality, an account must be created in their name, and only individuals authorized to act on behalf of these entities may conduct activities on the Website.
Upon registration, the User receives an access code (and password), with the User's account being personal and non-transferable.
The Account holder bears sole responsibility for any actions carried out under their registration.
Once the required Registration data is completed, a confirmation of Account Registration will be dispatched to the e-mail address provided by the User, containing a link to activate the Account along with the current Terms and Conditions. Registration concludes upon the User's activation of their Account. At this juncture, an Account services contract is established. Failure to activate the Account within 30 days of receipt of the Account Registration confirmation e-mail results in expiration of the activation link and non-activation of the Account. Should the user wish to re-register with the same e-mail address, they must contact Atlistis.
The User affirms that the data provided during the Registration process and throughout the use of the Service is accurate, true, and up-to-date, and that they have the authority to utilize said data. The User agrees to promptly update any changed data.
The User commits to maintaining the confidentiality of account access data and safeguarding it against unauthorized access by third parties. The User must promptly notify Atlistis upon becoming aware of any unauthorized access to their Account by third parties and, if feasible, change the access data immediately.
Account deletion is feasible by issuing a termination statement via e-mail to atlistis1@gmail.com.
Upon Account deletion or termination of the Account contract, the User forfeits access to any information provided or generated during the period of Service usage.
Atlistis reserves the right to delete an account under the following circumstances: a. If the User has not logged into their Account for a period exceeding 24 months, rendering the Account inactive. In such instances, the User will receive notification of contract termination at least 30 days in advance via the e-mail address provided during Registration. The User may indicate their intention to retain the Account by utilizing the designated functionality and logging into the Account. It's important to note that Atlistis' right to delete an account under this provision does not impede the User's ability to re-register for the Service. However, Atlistis does not guarantee the availability of the previous username associated with the prior Account for use in the new registration; b. If, despite being duly notified by Atlistis to cease certain actions or omissions that contravene the provisions outlined in the Terms and Conditions or violate applicable laws, the User persists in such behavior; c. Atlistis also reserves the right to cancel or permanently delete the registration of an User at any time if they fail to adhere to these Terms and Conditions and/or if they engage in activities that result in losses for Atlistis or its Users.
To ensure the proper functioning of the Service and safeguard the safety of its users, Atlistis reserves the right to conduct additional verification checks on the validity and accuracy of the data provided by the User. This may include requesting confirmation of the User's identity or information related to the Advertisement or transaction.

D. Advertisement rules

Users can publish Advertisements on the Website, and those advertisements will be available to all Users.
Upon Advertisement publication, the User grants Atlistis a non-exclusive, worldwide, and royalty-free license to record, reproduce, and distribute all or part of the content of the Advertisements published on the Website. This license extends to Atlistis’ partners involved in promoting the Service, as well as across the Internet. Granting this license is essential for the full utilization of the Service. Atlistis refutes any responsibility regarding third-party actions, particularly concerning the copying and distribution of Advertisements on unrelated Websites and portals.
The content of each Advertisement is the sole responsibility of the respective User, who prepares the Advertisement.
By posting an Advertisement, the Seller declares that (s)he/it meets all the necessary conditions for the publication of the Advertisements in accordance with legal provisions and, should that be the case, it holds all the necessary licenses to pursue his/her/its activity. The content of Advertisements must be truthful, free of ambiguities, and meet the technical specifications specified by Atlistis. Users may determine the content of the Advertisement within legal limits and according to the following criteria: a. Advertisements must avoid vulgar, offensive, or false information. b. Advertisements must contain a clear, accurate, and comprehensive description of the Product or Service, including truthful information about its characteristics. c. Details regarding the quantity or packaging of the Article should be provided.
Atlistis takes no responsibility for the lawfulness or rightness of the Advertisements posted on the Website.

E. Tax Responsibilities

Atlistis does not handle tax collection for transactions.
Tax collection is the responsibility of Users, both Buyers and Sellers.

F. Insurance and Liability

Atlistis does not provide insurance for their Users.
Atlistis does not provide warranty for the Products or Services displayed on the Website.
Atlistis is not responsible for any refunds regarding transactions made through the Website.
Users must arrange their own coverage and at their own costs.
It is the Buyer’s full responsibility to conduct all necessary due diligence prior to making a transaction.
All transactions made through the Website are made at the Buyer’s own risk.
Atlistis assumes no liability in the transactions made by Users in the Website, as stated in point 5, Section B. General Provisions.
Providers may request a security deposit for products and services with a purchase value over 500€.

G. Payments and fees

The Price of the Products and Services will be visible on the Website.
The Price of a Product or Service displayed on the Website will include the price of the Product or Service and the fee charged by Atlistis.com for the use of the Website.
Both the Seller and the Buyer will be charged by Atlistis for the use of the Website and invoiced accordingly.
The fee charged for the use of the Website can be unilaterally modified by Atlistis. Any alterations to it will be communicated to Users via e-mail, as well as the reasons justifying the said alteration.
Payments for the Products and Services will be completed through Stripe, an online payment platform.
Atlistis bears no responsibility for any questions regarding payment for Products and Services. Any questions regarding payments must be addressed to Stripe.
The use of payment methods entails establishing a separate legal relationship with the respective payment service provider and acceptance of their Terms and Conditions. Atlistis is not party to this relationship and cannot interfere in its content or execution. In case of payment issues, Users should contact the payment operator directly.
If an Advertisement ends prematurely due to reasons such as removal by the User or sale of the item, no refund will be provided for the unused period of the Advertisement and related Paid Services.

H. Shipping

Atlistis does not provide any shipping or delivery methods.
The means for shipping the products amongst Sellers and Buyers should be arranged amongst themselves. Adjustments and modifications to the delivery process should be adjusted between the contracting parties, with no interference from Atlistis.
Atlistis has no responsibility for any events that can occur during the shipping or delivery of Products advertised on the Website.

I. Ratings

Buyers will be able to rate the products and services transacted on the Website.
The website facilitates a rating and feedback system allowing Users to subjectively evaluate another User's experience regarding their transaction. This experience encompasses various aspects such as the clarity and reliability of product descriptions, communication methods, responsiveness, commitment, delivery time, and punctuality. Evaluations are based on interactions within user accounts, not necessarily completed transactions.
Opinions must adhere to legal provisions, prohibiting swear words, obscene content, hate speech, website links, advertisements, personal data sharing, intellectual property violations, defamation, or unfair competition.
Atlistis reserves the right to disregard or delete evaluations that reference a different user, are self-assigned, come from employees or associates, are artificially inflated or deflated, originate from temporary email addresses, or violate terms and conditions.

J. Illegal actions and actions incompatible with the Terms and Conditions

The User is permitted to utilize the Service within the scope of its intended purpose, while adhering to legal regulations and ethical standards while respecting the rights and interests of others. Specifically, the User agrees to: a. Refrain from actions that could disrupt the proper functioning of the Service, including tampering with Service content, User Accounts, or Service IT components; b. Abstain from engaging in unlawful activities through Service features, such as posting or sharing content that breaches laws, personal rights, distributes child pornography or terrorist materials, infringes upon intellectual property rights of others, or contains discriminatory or racist content; c. Act in good faith, refrain from abusing Service functionality, and avoid using the Service for purposes other than its intended use or in violation of the Terms and Conditions.
The User must adhere to the obligations of these Terms and Conditions throughout their use of the Service, including when publishing Advertisements and communicating with other Users.
Individuals using the Service have the option to report to Atlistis any content they believe to be illegal or in violation of the rules and Terms and Conditions, via the following e-mail: atlistis1@gmail.com. The notifier should, whenever possible, provide data enabling Atlistis to verify the report.
Atlistis reserves the right to remove Advertisements or block Accounts if there is suspicion of actions that endanger the security of other Users or if the Advertisement has a negative impact on Atlistis' reputation.
In cases of serious legal violations using the Service or repeated serious breaches of the Terms and Conditions, especially if there are repeated attempts to publish or distribute illegal content by a User or multiple Users acting collectively, Atlistis may, in accordance with principles of proportionality and respect for contractual freedom and private autonomy, temporarily or permanently suspend or block the Account.
Users will be notified in the event of content or Account blocking or suspension, at the latest when the decision takes effect. This notification will include details regarding the blocked or suspended content or Account, the reasons for the decision, and references to the relevant Terms and Conditions clause justifying the action.
If Users disagree with the decision to block content or an Account, they may file a complaint in accordance with these Terms and Conditions
Atlistis may block or suspend content or Accounts based on internal policies and moderation procedures aimed at identifying content or User actions violating the Terms and Conditions or applicable laws.
Atlistis bears no responsibility for any illegal actions that can take place in the Website due to the actions of Users.

K. Right of withdrawal

The Advertiser is entitled to terminate the Services contract freely within 14 calendar days from the completion date of the online contracting process on the Website, without the requirement to provide any justification.
The deadline to exercise the right of free termination is 14 days from the day following the completion of the online contracting process on the Website.

L. Applicable law and dispute resolution

The law applicable to the Website and to these Terms and Conditions is the Portuguese law.
The User may contact Atlistis, in writing, about the Services through the following e-mail: atlistis1@gmail.com.
The Portuguese courts are exclusively competent to resolve any disputes related to the use of the Website and these Terms and Conditions.
Consumers are hereby notified that, as per the stipulations and objectives outlined in Article 14 of Law no. 24/96, dated July 31st, as amended, consumer disputes with a value not exceeding the jurisdiction of the courts of first instance (€5,000.00), may be subject to compulsory arbitration or mediation, should the consumer expressly choose to submit the dispute to the assessment of an arbitration tribunal affiliated with legally authorized consumer dispute arbitration centers.
Pursuant to the provisions outlined in Article 18 of Law no. 144/2015, dated September 8th, as amended, all consumers are hereby informed that Atlistis is obligated, by legal mandate arising from compulsory arbitration, to adhere to the arbitration tribunals affiliated with legally authorized consumer dispute arbitration centers, in matters of consumer disputes not exceeding the jurisdiction of the first instance courts (€5,000.00), when expressly chosen by the consumer to undergo assessment by said arbitration tribunals.
Users of the Service, encompassing both natural and legal entities who have reported illicit content, and to whom decisions concerning the blocking or suspension of content available on the Service are directed, retain the right to select any extrajudicial dispute resolution entity that has received certification issued by the Digital Services Coordinator.
In the event of a dispute, consumers may resort to the National Center for Information and Arbitration of Consumer Conflicts (geral@cniacc.pt), Atlistis’ legally sanctioned consumer dispute arbitration center.

M. Mediation

To facilitate the resolution of disputes pertaining to the provision of Atlistis Services, and in alignment with Regulation (EU) 2019/1150 of the European Parliament and the Council of 20 June 2019 ("Regulation 2019/1150"), which aims to promote fairness and transparency for professional users of online intermediation services, Atlistis presents a list of intermediaries. This initiative aims to provide the User with expeditious, equitable resolution and satisfactory outcomes. Users hold the right to file a complaint under the following circumstances: a. Alleged non-compliance by Atlistis with its obligations as outlined in these Terms and Conditions and Regulation 2019/1150. b. Technological challenges concerning the functionality of the Website that may impact the ability to utilize the Services offered. c. Content selected by the User being blocked or the User's account being suspended in accordance with these Terms and Conditions.
Complaints can be submitted via the following e-mail: atlistis1@gmail.com. When submitting a complaint, the User should, if feasible, provide data or information enabling Atlistis to verify the complaint.
The User may opt for mediation to resolve complaints. Atlistis is prepared to address such complaints through mediators affiliated with CEDR (Center for Effective Dispute Resolution). Mediation incurs associated costs.
The User retains the freedom to select an alternate mediator, provided they possess the requisite skills to conduct the mediation procedure.
Participation in mediation is voluntary, and Atlistis reserves the right to decline involvement in mediation.
Any attempt to reach an agreement through mediation for dispute resolution purposes, as outlined in this Clause, does not diminish the rights of Atlistis and the Users to initiate legal action at any juncture, before, during, or after the mediation process.
Upon request from a User, prior to commencing (or during) mediation, Atlistis must give the User information regarding the operation and efficacy of mediation concerning its activities.

N. Final provisions

Atlistis retains the right to change the Terms and Conditions, according to the following guidelines: a. Changes to the Terms and Conditions may occur for organizational, legal, or technical purposes. b. Users will be notified of each modification through the publication of information on the Service page. c. The amendments will take effect within a timeframe specified by Atlistis, which will not be less than 15 days from the notification of the Terms and Conditions change, unless otherwise mandated by applicable laws. d. Alterations cannot result in the restriction of User rights concerning purchased Services. Services acquired before the enactment of the amended Terms and Conditions will be provided based on existing principles.
Atlistis reserves the right to modify the Terms and Conditions without adhering to the aforementioned 15-day notice period, including immediate changes if: a. Complying with a legal or regulatory obligation necessitates altering the Terms and Conditions, preventing adherence to the 15-day deadline. b. Unforeseen and immediate threats related to safeguarding online service intermediation or protecting Users against fraud, malware, spam, cyber threats, or data breaches necessitate immediate modification of the Terms and Conditions.
The prevailing provisions of the Terms and Conditions apply to active Services before the enactment date of the revised Terms and Conditions.
Users who do not accept the amended content of the Terms and Conditions reserve the right to terminate the Account Service Agreement at any time.
Atlistis retains the right to introduce new services and functionalities for executing the Service, which may involve product testing, without prejudicing Users' vested rights.
Portuguese law governs contracts between the User and Atlistis, unless otherwise mandated by law. The selection of Portuguese law does not nullify the Consumer's entitlement to protection under provisions that cannot be contractually overridden under applicable law in the absence of choice.
The non-exercise, delayed, or partial exercise of any right conferred by these Terms and Conditions does not equate to waiver or forfeiture of that right. Consequently, the right remains valid and effective despite non-exercise.
Nullity or voidance of any clause in these Terms and Conditions does not impact the validity of remaining clauses or the Terms and Conditions as a whole, automatically resulting in reduction as per Article 292 of the Civil Code.

Valid from June 24, 2024