Terms and Conditions

1. Identification of the provider and definitions

Sites Reais — Soluções de Internet, Lda.
Registered office: Rua Nuno Álvares 311, 4420-516 Valbom, Portugal
Registered with the Conservatória do Registo Comercial do Porto (Porto Commercial Registry Office), under the sole registration and legal person number 505 349 488
Share capital: 5 000 €
geral@memorea.pt · +351 912 453 297 · memorea.pt

Call to a national landline/mobile network, at no additional cost.

For the purposes of these Terms and Conditions:

• “Memorea” means Sites Reais — Soluções de Internet, Lda., which provides the Service under the Memorea brand and which is the contracting entity, the issuer of invoices and the party responsible to the Client;
• “Service” means the photography and printing service for events described in section 2;
• “Client” means the natural or legal person who contracts the Service and organises the event;
• “User” means any person who uses the memorea.pt website or the application of an event, including the guests at the event;
• “Proposal” means the written document, sent by Memorea, that sets the price, content and conditions of the Service for a given event.

2. Purpose and scope

The Service consists of a photo experience for events: Memorea sets up a station with a printer at the venue, and guests take or select a photograph on their mobile device, choose a personalised frame and receive the printed photograph within a few minutes. Each event also has its own page, with a digital gallery, schedule and information, and the Client has access to a restricted area (backoffice) to manage it.

The Service is provided on the date, at the time and at the place agreed in writing in the accepted Proposal. Use of the memorea.pt website or of the event application implies acceptance of these Terms and Conditions; Users who do not agree with them should refrain from using them. In the event application, acceptance is given expressly, through the checkbox shown on entry, and is recorded by Memorea, with the version accepted and the date, as described in the Privacy Policy.

3. Prices, proposals and payment

• The amounts shown by the website’s calculator are merely indicative, do not constitute a contractual offer and are not binding on Memorea, and depend, in particular, on the number of guests, the duration, the distance and the requirements of the event.
• Only the written Proposal is binding, at the price, with the content and under the conditions set out in it, and for the period of validity indicated in it.
• The contract is deemed to be concluded upon the Client’s written acceptance of the Proposal (e-mail being acceptable) and the confirmation of the booking under the terms set out in it.
• Prices are expressed in euros, and it is always stated whether they include VAT at the legal rate in force.
• The payment terms, the deposit and the arrangements for changing or cancelling the date are those established in the accepted Proposal.

4. Right of withdrawal

In distance contracts (concluded by e-mail, telephone or form) with a consumer, the law generally grants the right to withdraw from the contract within 14 days, without having to give a reason.

However, under Article 17(1) of Decree-Law No. 24/2014 of 14 February, that right does not apply to the provision of services related to leisure activities, where the contract provides for a specific date or period of performance. The Service, provided at an event on a set date, falls within this exception, since the booked date is no longer available to third parties. Accordingly, unless otherwise stipulated in the Proposal, there is no right of withdrawal after the booking is confirmed, and the agreed cancellation conditions apply.

Where the right of withdrawal does apply and the consumer has requested that the provision of the Service begin during the withdrawal period, payment of an amount proportionate to the Service provided up to the date of withdrawal is due.

5. Obligations of the Client

For the proper performance of the Service, the Client must ensure:

• Space and electrical power at the venue, under the agreed conditions. The internet connection is provided by Memorea; if there is no mobile network at the venue, the parties agree on an alternative before the date of the event. The lack of a stable electricity supply, or the lack of a network without the agreed alternative, prevents printing and the gallery, and is not attributable to Memorea.
• The venue’s authorisation for setting up the station and for taking photographs on site.
• That guests are informed that photographs will be taken and that there will be a digital gallery, and that taking part is optional. Memorea provides a text for this purpose, for the invitation or for display at the venue.
• The diligent use of the photographs once received. From the moment the gallery and the copy of the photographs are delivered to the Client, the Client is responsible for any use made of them, in particular for their publication.
• Where minors are present, the agreement of the holders of parental responsibility.

6. Rules for using the application

By sending a photograph, the User guarantees that it:

• was taken by them, or that they have the authorisation of whoever took it;
• does not expose third parties against their will and was not taken without their knowledge;
• does not have unlawful, violent, sexual, discriminatory or offensive content, nor infringe the copyright or image rights of third parties.

The application applies limits per device (number of copies and of uploads), so as to ensure that consumables are available to all guests. Any attempt to circumvent those limits, to access events to which the User has not been invited or to disrupt the operation of the Service entitles Memorea to block the respective access.

The Client — and Memorea, at the Client’s request or on its own initiative in the event of a manifest breach — may remove any photograph from the gallery that breaches these rules, without prior notice. Photographs already printed on paper cannot be recovered.

7. Rights in the photographs and intellectual property

• The rights in a photograph belong to whoever takes it. Memorea does not acquire ownership of the photograph or any rights in it.
• By sending it, the User grants Memorea only the licence necessary to provide the Service: to process, print, display in the event gallery and deliver to the Client, and solely for the period indicated in the Privacy Policy.
• Memorea does not use event photographs in its promotional communications — website, social media or portfolio — without written authorisation, requested for that specific purpose and revocable at any time.
• The “Memorea” brand, the website, the application, the frames and the texts are the property of Memorea and are protected by law. Their use is permitted only for the purposes for which they are intended, and their reproduction or reuse without authorisation is prohibited.

8. Availability and liability

Memorea uses the means at its disposal to ensure the operation of the Service throughout the event, including previously tested equipment, spare consumables and the presence or availability of a person in charge. The Service does, however, depend on physical equipment installed at the event venue.

• Interruptions may occur due to power or network failure, printer breakdown or maintenance. If the failure is attributable to Memorea and the Service is not essentially provided, Memorea refunds the proportionate part of the price.
• Memorea is not liable for events not attributable to it, in particular lack of network at the venue, interruption of the power supply, inability to access the space, weather conditions or failure to comply with the obligations set out in section 5.
• The digital gallery remains available for 90 days after the event, and it is for the Client to download, within that period, any content they wish to keep. Once the period has elapsed, the gallery is permanently deleted.
• Memorea is not liable for content captured or written by guests, nor for the use the Client makes of the photographs after receiving them.
• Nothing in these Terms and Conditions excludes or limits Memorea’s liability for wilful misconduct, gross negligence or harm to life or physical integrity, nor does it affect the rights that the law mandatorily grants to consumers.

9. Personal data protection

The processing of personal data is described in the Privacy Policy, which forms an integral part of these Terms and Conditions. The use of cookies and local storage is described in the Cookie Policy.

Where the Client is a company or organisation and the photographs are to be processed by Memorea on its behalf, the parties enter into a data processing agreement under Article 28 GDPR, which Memorea makes available on request.

10. Complaints and alternative dispute resolution

Complaints may be addressed to Memorea at geral@memorea.pt, and all of them receive a reply.

The Electronic Complaints Book (Livro de Reclamações Eletrónico) is also available, at livroreclamacoes.pt.

In the event of a consumer dispute, the consumer may turn to the competent alternative dispute resolution entity, under Law No. 144/2015 of 8 September. Given the location of Memorea’s registered office, in the municipality of Gondomar, the competent entity is the following:

CICAP — Centro de Informação de Consumo e Arbitragem do Porto (Porto Consumer Information and Arbitration Centre)
Rua Damião de Góis, 31, Loja 6, 4050-225 Porto
225 508 349 · cicap@cicap.pt · cicap.pt

More information on alternative dispute resolution entities is available at consumidor.gov.pt.

11. Governing law and final provisions

These Terms and Conditions are governed by Portuguese law. Failing an amicable settlement or resolution by alternative means, jurisdiction lies with the court determined by law, which, as a rule, where the Client is a consumer, is the court of the Client’s domicile.

The invalidity of any clause of these Terms and Conditions does not affect the validity of the others. Memorea may update these Terms and Conditions, and each contract is governed by the version in force on the date it was concluded.