Terms and conditions
of Services
1. Scope and Object of the General Conditions of Services
These Terms and Conditions, the General Terms and Conditions, the data submitted by the User, the Privacy Policy, and the other elements that may be referenced constitute the contract between the User and BA RRA, Lda. These elements are intended to regulate the terms and conditions under which one or more services (hereinafter "Service" or "Services") will be provided and ordered through the online platform, respective sub-domains, or mobile applications (hereinafter "Platform") associated with the HOCULO brand. The ownership and rights of the HOCULO brand are duly licensed to BA RRA, Lda. The ownership and rights of the Services belong entirely to the partnership BA RRA, Lda. (hereinafter referred to as HOCULO, "company," "partnership," or "we"), headquartered at Rua Fialho de Almeida, nº14, 2nd Floor – Office DU10, 1070-129 Avenidas Novas, Lisbon, with corporate identification number 513966730.
The Platform allows for providing information about HOCULO, information regarding its range of services, and enables the User, electronically, to request the services disclosed therein under the terms and conditions described here. HOCULO is duly licensed to the domain www.hoculo.com, under which the Platform operates and is subject to these Terms and Conditions. All the activities and information from HOCULO are presented on the website www.hoculo.com. However, the information on the Site is not exhaustive, and the photos are not contractual; such information is subject to change since its online availability. Additionally, all the information listed on the Site is indicative only and subject to change without prior notice.
The ordering of Services must be made by Users aged 18 (eighteen) years old or older (under age individuals must have authorization from their representatives), authorized to enter into a legally binding contract with HOCULO and not prohibited by applicable laws. The elements and information transmitted by the User will have full legal effects, with the User acknowledging that by accepting these terms, they are entering into this contract electronically, acknowledging any electronic acquisitions, and cannot claim the lack of a signature to evade the obligations assumed. The User who requests the acquisition of one or more services may thereafter also be referred to as "Client" and/or "Applicant." The User must read these Terms and Conditions carefully before submitting the form and requesting the Service, as sending and filling it out signifies agreement with the conditions outlined here.
These Terms constitute the entire agreement and understanding between HOCULO and the Users and/or Clients and replace and/or supersede all previous and current agreements and commitments regarding the same. In this contract, the terms "including" and "include(s)" mean "including," but not limited to. And the term "namely" means that the examples given are not in any way limiting or even exhaustive. The content or material provided as part of the Services will hereinafter be referred to as "Content" or "Results".
2. Service and Content Information
2.1. In the event of a conflict between these Terms and any Specific Terms of HOCULO, the latter shall prevail.
2.2. HOCULO will make every effort to ensure that the information presented does not contain typographical errors, which will be promptly corrected whenever they occur and are detected.
2.3. BA RRA, Lda. under its brand name HOCULO provides services focused on obtaining, analyzing, and sharing general and specific information, usually of a technical nature, about real estate, and is exclusively remunerated for this purpose.
2.4. BA RRA, Lda. under its brand name HOCULO provides standalone, punctual, and non-lasting consulting and technical assistance services for real estate analysis to be carried out by the Client, namely: technical screening, qualified and personalized selection of properly indexed and available real estate ads; technical consultation via videoconference or video call; photographic inspection of property indicated by the client; visit conducted by a technician to a property previously indicated and transmission to the Client who indicated it via video call; visit carried out by technicians for clarification and analysis of technical issues with the sharing of verbal opinion on the property previously indicated by the Client; informal and technical-urban analysis of the area where the property indicated by the Client is located; search, analysis, and sharing of public records/documentation about the property indicated by the Client.
2.5. The form, duration, and characteristics of the available Services may vary depending on the property for which they are intended.
2.6. These Terms do not apply to telecommunications services that may be necessary to use the Services, as these services are generally subject to a separate contract with your telecommunications service provider. The telecommunications service provider may charge a fee for the use of their telecommunications services.
2.7. The provision, obtaining, and/or use of the Services may require access to the Internet or another telecommunications service. HOCULO does not guarantee in any way that all the characteristics of a Service are suitable, secure, or possible to use in all locations, situations, and circumstances.
2.8. HOCULO is focused on providing rapid, non-intrusive, and accessible analyses of real estate or related topics, either on-site where the properties are located or remotely based on available elements, according to the technical knowledge of its professionals usually linked to architecture and/or engineering, according to the criteria of the Clients, considering the condition and technical characteristics of the properties.
2.9. HOCULO does not perform inspection, diagnosis, seismic vulnerability inspection and structural survey services of buildings and does not assume any role in any real estate transactions, nor does it provide real estate mediation services, including real estate prospecting, under the terms and for the purposes of Law 15/2013.
2.10. HOCULO does not provide, at any time, legal, fiscal, or financial professional advice, so Clients should seek specialized advice in case of doubt regarding any business or services to subscribe to. The recommendations eventually transmitted by HOCULO in these areas are merely informative and should not be interpreted as binding.
2.11. All information regarding prices, products, specifications, promotional actions, and services may be changed at any time by HOCULO.
2.12. HOCULO reserves the right to offer a trial period for its paid services, either at no cost or at a reduced price, and to change the prices practiced at any time; it also reserves the right to determine its qualification at its discretion and to change or withdraw it at any time according to applicable law without prior notice and without incurring claims of liability.
2.13. HOCULO responds to Users' and/or Clients' requests regarding the use of the website and services related to contracts during the business hours posted on the website.
2.14. If the service requested by the User coincides with a holiday or any other day on which it is not possible to provide it and yet the User has been allowed to schedule it, the User will be informed and/or contacted by HOCULO to agree on its replacement by a date and time close to it, subject to the availability of both parties.
2.15. Any and all services are subject to prior confirmation by HOCULO; payment details are only sent with the aforementioned confirmation by email; any and all services should only be provided after the receipt of the full payment by the Client; the request of service/reservation will only remain valid if payment is made within 60 minutes after the email with the payment details is sent; for services whose scheduling has been requested and has been made for a time with a gap of less than 120 minutes from the submission of the request, payment must always be made with a minimum advance of 90 minutes from the scheduled time; the respective invoice-receipt should be sent subsequently upon receipt of payment by HOCULO.
2.16. Failure or delay in payment of the amount due to the request by the promptly communicated specified date may lead to the need for adjustments to the Service or cancellation of the request/Service.
2.17. The Contract formalized through the acceptance of these Terms begins as soon as HOCULO accepts the request submitted by the Client.
2.18. The acceptance of service is only binding after expressly accepted by HOCULO through an email with the Order Acceptance Confirmation. The User must check the Order Acceptance Confirmation and inform HOCULO, immediately and in writing, about the existence of any and all eventual errors.
2.19. The Service and/or its Results are intended for the exclusive appreciation, analysis, and consultation by the recipient, i.e., the Client identified at the time of the request.
2.20. HOCULO has the right to deny access to the order and/or provision of any service or services available on the Platform, unilaterally and without the need to present justification or valid grounds, particularly when the request does not comply with these Terms and Conditions or may, in any way, jeopardize the technician's safety, the good service, and the good name of HOCULO.
2.21. HOCULO will do everything possible to comply with the agreed clauses at the time of the service order, but it is possible that, in certain cases, due to external and/or unforeseen causes beyond the company's control, such as human errors or incidents in computer systems, it may not be possible to meet all the agreed terms. These situations, as well as others not foreseen in the Terms and Conditions, will be individually assessed and resolved between the Client and HOCULO.
2.22. HOCULO will do everything in its power to achieve the best results within the stipulated period for the provision of the service, but there is no commitment to obtain a specific and/or concrete set of results, a set of options according to the Client's desires and/or others depending on the service in question.
2.23. HOCULO is not responsible for any delays, interruptions, and/or errors committed during the provision of services that originate from events beyond the control and responsibility of HOCULO, even if they cause any limitation and/or constraint, total or partial, to the Client or third parties.
2.24. Clients undertake to communicate to HOCULO conditions that may, in any way, impact and affect the regular provision of the Service, namely the presence of domestic animals, obstructed accesses, deficient sanitary conditions, among others.
2.25. In the scope of services that imply a visit to a property previously indicated by the Client, HOCULO does not verify, record, present, observe, and/or appreciate surfaces, elements, and/or areas that are not perfectly accessible, exposed, and visible, such as those inside cabinets, covered by furniture, shelves, and/or others.
2.26. HOCULO reserves the right to individually assign rest days to its employees and to collectively suspend the provision of all Services for the staff's rest. If either of these situations occurs, the provisions of clauses 7 and 8 of these Terms and Conditions may apply.
2.27. Ordering a Service requires Users to submit certain personal information, including name, email, taxpayer identification number, and mobile phone number.
2.28. By requesting a service, Clients accept that HOCULO may send them correspondence (emails or text messages) or contact them in any other way, as part of the normal functioning of the provision of the Services, including, for example, all types of transactional emails.
2.29. Users may choose, at any time, not to be contacted through a specific means of communication, simply by sending an email to HOCULO indicating this preference. However, Users acknowledge and accept that the option not to be contacted by a specific means may affect the normal provision of the Services.
2.30. Depending on the service in question, the completion and delivery of the services are finalized with the end of the video call, the conclusion of the verbal opinion about the property, the sending of the results and/or content resulting from the services via WeTransfer, or the sending of an email, with or without attachments, from HOCULO to the email address provided by the Client. This content may also be accessible through a link to download the respective file and/or an attachment in PDF format shared in the said email, with one or some of these actions, the service is completed and terminated.
2.31. HOCULO assumes no responsibility for any events occurring after the delivery and completion of the services rendered, for any inability, impossibility, or expiration of deadlines to download the results and/or other events beyond the control of HOCULO.
2.32. It is expressly prohibited to copy, record, alter, reproduce, display, broadcast, distribute, share, publish, transmit, or use the services provided and/or their results, in any form or for any purpose, without the prior express authorization of HOCULO, including results of ad screening, video consultations via video calls or video conferences, photographs, and/or others, including any and all content, activity, and/or task performed within the scope of the requested service.
2.33. HOCULO does not transfer any rights, ownership, and/or authorization for the free use, transfer, sale, publication, copying, and/or others of multimedia elements, such as photographs and videos, that may be integrated into the Results and shared with the Client, serving these elements solely and exclusively for the consultation and analysis by the Client.
2.34. HOCULO reserves the right not to keep and maintain the Results, content, and/or information associated with services already provided, such as analyses, opinions, and/or other elements, and is therefore not obliged to provide copies and/or resend previously sent emails.
2.35. The information provided, regardless of its form, is intended exclusively for private use and does not constitute advice or recommendations for purchase, sale, rental, or hiring, and does not replace the use of specialists, tests, surveys, and/or others if necessary.
2.36. Users and/or Clients acknowledge that HOCULO does not have, nor intends to have, any control, involvement, and/or benefit from any business transactions carried out by Clients.
2.37. If any clause of these Terms is deemed illegal, invalid, or unenforceable in any respect, such illegality, invalidity, or unenforceability does not affect the application of the remaining clauses of this document, provided they are valid, legal, and enforceable. The parties shall replace the part of the provision deemed illegal, invalid, or unenforceable with a (part of a) provision that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect to the provision or its illegal, invalid, or unenforceable part, taking into account the content and purpose of this contract.
2.38. Any changes, modifications, or additions to these Terms will only be valid if approved, in writing, by HOCULO.
You can find more information about the services on the website - www.hoculo.com - or request clarification by emailing apoio@hoculo.com.
3. Evaluation System
3.1. HOCULO believes that evaluating the Services and the Website is essential to ensure and improve service quality. This evaluation should be done through a mixed system with the assignment of stars and the writing of comments by the Client in response to an email sent by HOCULO after the provision of the service.
3.2. Clients are expected to evaluate the Services and the Website after the provision of the Services. If it is not possible to evaluate immediately, it should be done within a maximum period of 15 days after the completion of the Services.
3.3. The HOCULO community and brand trust are based on the principle that all evaluations are transparent and honest, and that they adequately reflect the quality of the Services and the Platform evaluated.
3.4. However, certain types of evaluations will not be allowed, including those that:
(i) Do not represent a personal experience;
(ii) Have evaluation content unrelated to the service itself (e.g., political or religious comments);
(iii) Violate legal provisions in any way;
(iv) May be in any way offensive.
3.5. HOCULO's stance is to not edit evaluations; however, HOCULO reserves the right to publish and share evaluations as it sees fit, including the publication of comments in a non-integral manner, as well as to remove any evaluations that violate these rules or others contained in these Terms.
4. Responsibility and General Obligations
4.1. All services marketed on the Website comply with portuguese legislation. HOCULO declines any responsibility in case of violation of the legislation of the country where the User enjoys the service. Therefore, it is the User's responsibility to verify with the local authorities the conditions of use of the services they wish to be provided.
4.2. HOCULO will not be responsible for any losses or damages caused by misuse of the Services. Data and information queries made within these Services are presumed to be made by the User, and HOCULO declines any subsequent liability, whether arising from abusive or fraudulent use of the information obtained or not.
4.3. HOCULO will not be responsible for any losses or damages caused by abusive use of the Service that cannot be directly attributed to it, except in cases of willful misconduct or gross negligence.
4.4. HOCULO reserves the right to permanently or temporarily discontinue the provision of the Services and, therefore, permanently or temporarily terminate these Terms and/or any Specific Terms in the event of (i) actual violation or reasonable suspicion of violation by the User or Client of these Terms and/or any Specific Terms, (ii) HOCULO's decision to cease providing the Services in the format they existed at the time, nationally or in a specific geographical area, or (iii) any similar commercial reason that, in HOCULO's sole discretion, is considered reasonable cause to discontinue the provision of the Services.
4.5. The User or Client may not assign their rights or obligations under these Terms or any Specific Terms to any third parties without the written consent of the other party; however, HOCULO may assign its rights and obligations under these Terms and/or any Specific Terms associated with HOCULO to any other entity, requiring only a unilateral decision from BA RRA, Lda.
4.6. HOCULO provides fast, superficial, and non-intrusive services, so it will not be responsible for any characteristic, pathology, and/or defect detected in the property that may not have been indicated at the time of the provision of its services, nor will it be responsible for the evolution of the condition, state of conservation, maintenance of the property, and/or others that may be associated with it.
4.7. HOCULO does not guarantee that the services or content will meet the User's needs or be available uninterrupted, secure, or error-free, nor does it guarantee the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Services or Content. This does not affect the User's or Client's right to file complaints regarding non-compliance during the provision of the Services.
4.8. The HOCULO is not liable for losses or damages resulting from the non-performance or defective performance of the Service, whether by willful misconduct or gross negligence, and specifically shall not be liable for (i) errors, omissions, or other inaccuracies related to the information provided through the Service; (ii) damages caused by the fault of the User, the Client, or third parties, including intellectual property violations; (iii) non-performance or defective performance resulting from compliance with judicial decisions, administrative authorities, third parties such as property owners and intermediaries, errors in the provided address, and/or other external reasons; (iv) non-performance or defective performance resulting from the occurrence of force majeure situations, meaning extraordinary or unforeseeable events beyond the control of the HOCULO, such as partial or total access restrictions to certain properties, access blockages, structural instability, physical and/or verbal threats, theft, fires, power outages, explosions, wars, pandemics, riots, civil insurrections, government decisions, strikes, earthquakes, floods, or other natural disasters or any other situations beyond the control of the HOCULO that prevent, hinder, or impair the fulfillment of assumed obligations; (v) any damages or losses arising from contractual or non-contractual relationships between the Client and third parties; (vi) the accuracy of the data provided during visits, consultations, potential real estate advertisements, and/or others, regardless of their source, as they may contain inaccurate, misleading, and/or incorrect information; (vii) the use or reliance on the services, or the inability of the Client to
access or use the services; (viii) the quality/resolution of videos, video calls, or other materials received by the Client; (ix) the quality/intensity of the available mobile network signal at the location associated with the external service provision previously indicated by the Client; (x) the protection and/or concealment of private, sensitive, intimate, personal, and/or other information, images, objects, and/or other items that are exposed or visible in the property previously indicated by the Client; (xi) lighting, sound, and/or other conditions available for the proper provision of services to be performed at the property indicated by the Client; (xii) delays in estimated deadlines due to external and/or unrelated factors, such as municipal consultations and/or others related to the service provision.
4.9. Under no circumstances shall HOCULO's total liability to Users or Clients for any damages, losses, lawsuits, or others exceed the price paid for the respective service.
4.10. HOCULO does not guarantee that:
(i) the Service will be provided uninterruptedly, phased, or paralleled;
(ii) the quality of any service, information, or any other content obtained through the Service meets any expectations of the User regarding the same;
(iii) any advice and/or information, whether transmitted orally or in writing, obtained by the User or Client can create and/or be binding on any warranty contrary to or not expressed in these Terms and Conditions;
(iv) the information provided and transmitted by HOCULO after a mere visual, brief, and non-intrusive inspection of the property, without the use of intrusive means, heavy tools, surveys, and/or other methods, offers any type of guarantee, triggers any type of present or future liability that may be considered binding, fully correct, complete, and rigorous;
(v) the service directed to a specific property can be provided within the estimated and generically announced period of time on the Platform;
(vi) total veracity, precision, correctness, and/or accuracy are verified in the information eventually shared and obtained from external sources in the scope of the provision of certain services.
4.11. HOCULO workers commit to behaving in the most careful and respectful manner possible at the location indicated by the Clients for the provision of the Services.
4.12. Without prejudice to the provisions of these Terms, Clients hereby accept any damage or wear and tear resulting from the services provided, which arise from the normal execution of the services rendered.
4.13. The User accepts that HOCULO can in no way be held responsible for any damage, including, but not limited to, damages for loss of profits, losses, expenses, data, content, or any other losses (even if the User or Client has previously informed HOCULO of the possibility of such damages occurring), resulting from:
i) the impossibility of using, accessing, and/or obtaining the agreed Service;
ii) material defects or conditions in the Client’s goods and properties, or third-party property for which the Service was requested;
iii) failure to meet service expectations based on the hours provided in the quoted estimate;
iv) the difficulty in obtaining any replacement services;
v) unauthorized access or modification to personal databases;
vi) discrepancies between the information provided and its applicability or subsequent verification by the User or Client, whether verified on-site or elsewhere, based on information provided by third parties or from other sources, and/or its correspondence to the actual characteristics of the service object, whether about the area, the property, the records, the shared advertisements— for which HOCULO assumes no responsibility — and any other matters.
4.14. Users or Clients are responsible for all actions carried out using their data, even without their knowledge.
4.15. The price of the services will be the one established on the Platform by HOCULO, which reserves the right to change the prices listed there, without affecting the price of services already ordered.
4.16. HOCULO reserves the right to create and terminate discounts or promotions at its sole discretion, without prior notice, while respecting and honoring previously assumed commitments under the same agreed conditions.
4.17. Non-acceptance and/or non-receipt of payment will be a barrier to completing the order and does not constitute a right to compensation for any of the parties.
4.18. The User or Client guarantees that for all content and/or information shared with HOCULO through the Platform, email, and/or other means, they have the right to share, and that its use by HOCULO does not violate agreements, applicable laws, or property rights, publishing rights, personal rights, or rights of other individuals, nor does it require approval/authorization/express written consent from such individuals or legal entities by HOCULO.
4.19. The User or Client guarantees, in relation to all commitments, agreements, bookings, and/or appointments made with HOCULO through the Platform, email, and/or other means, that they have the right to carry out any of these acts, that the Client is in possession of the necessary powers, and authorizes and/or has obtained the appropriate permissions for access, stay, collection of information, photographic/video recordings, etc., on the property where the service is to be provided, including the depiction of personal items or other objects that may be visible at the location, and that its acceptance by HOCULO does not violate any agreements, applicable laws, property rights, publishing or sharing rights, personal rights, or the rights of other individuals, nor requires any approval/authorization/express written consent from those individuals or legal entities by HOCULO.
4.20. HOCULO assumes no responsibility for guaranteeing and/or authorizing access, or staying at the location for the necessary time to provide the respective service, for information collection, multimedia element collection, and/or others at the property indicated by the Client for which the service is intended.
4.21. HOCULO also assumes no responsibility for any refusal, impediment, or lack of means to access a property and/or other barriers that prevent, hinder, and/or make it impossible to provide the service.
4.22. HOCULO, represented by the technician providing a scheduled service, will wait a maximum of 15 minutes beyond the scheduled time for all conditions to be met so that the Service can be properly provided. After this period, it will be considered non-compliance by the User or Client, and no refund will be given for the service paid.
4.23. HOCULO, represented by the technician providing a scheduled service, may delay by up to 15 minutes after the scheduled time to appear at the respective location or digital platform. After this period, the Client may consider non-compliance on HOCULO’s part, provided they fully waive the provision of the Service, in which case a refund may be issued.
4.24. HOCULO reserves the right to allow third-party advertisements on its Platform, assuming no responsibility if the user enters into an agreement with any of the companies or individuals advertising on it.
4.25. All services, content, and elements associated with the HOCULO brand are the property of BA RRA, Lda. and/or its partners. A limited, non-exclusive, and revocable license/authorization is granted for the use of the Services and a limited, non-exclusive, and revocable license is granted for the consultation and/or viewing of Results for personal purposes. This license/authorization remains effective and active unless terminated by the User or HOCULO.
5. User/Applicant Obligations
5.1. The User agrees to:
i) Provide the requested data, addresses, and correct schedules whenever applicable;
ii) Not use false identities;
iii) Schedule, facilitate, consult, verify, and ensure the conditions for the service to be performed at the requested locations whenever applicable;
iv) Obtain the authorizations and permissions necessary for the provision of the service by HOCULO at the requested address and property, including, for example, access to the property, all of its compartments, photographic and video recording, whether owned by them or by third parties, whenever applicable;
v) Provide true, correct, and complete data, reliable information in all circumstances, and have the authorization to transmit this data.
5.2. The User or Client is responsible for providing their data and information for the use of the software and the provision of the respective services. If any of the data is incorrect or insufficient, resulting in a delay or impossibility in processing the request, or eventual non-delivery, the responsibility lies with the User, and HOCULO declines any responsibility. In the event that the User or Applicant violates any of these obligations, HOCULO reserves the right to delete future requests, purchases, block access to the platform, cancel the provision of any services provided by HOCULO to the same User, and also not allow the User's future access to any and all services provided by BA RRA, Lda.
5.3. By providing data to HOCULO, the User confirms and commits to the integrity, completeness, truthfulness, and accuracy of all the information contained in the request and its acquisition, including the identification of any parties involved, address, the time of any visit, and/or others.
5.4. The User must prevent unauthorized third parties from accessing the software, Services, Results, Contents, and/or other information provided by HOCULO regarding the requested Service, taking the appropriate measures, and the following is not allowed:
- Copying, distributing, reproducing, recompiling, recording, transmitting, performing, or displaying any part of the Service or Content provided by HOCULO;
- Transmitting, providing, and/or using the Services and/or Contents in a way not expressly permitted in these Terms and Conditions, in contracts, under applicable law, and/or in a manner that violates the intellectual property rights of HOCULO's Services or Contents or parts thereof;
- Transferring copies of cached content from one device to another device;
- Reverse engineering, decompiling, disassembling, modifying, or creating derivative works with respect to HOCULO's service or content or parts thereof;
- Dispelling the technological measures used by HOCULO, its licensors, or third parties to protect the content or services;
- Copying, reproducing, duplicating, selling, renting, sublicensing, leasing, and/or promoting any other unauthorized use of all or part of the Service and/or Content of HOCULO;
- Circumventing territorial restrictions applied by HOCULO;
- Removing or altering copyright notices, trademark rights, or other intellectual property rights existing in the content or services provided by the Service (including for the purpose of hiding or altering information about the owner or source of the content);
- "Crawling" HOCULO services or using other automated processes (including bots, scrapers, and spiders) to view, access, or store information from HOCULO or HOCULO services.
5.5. The User or Client guarantees that they will not distribute or transfer the Services to other parties, requiring express and written authorization from HOCULO.
5.6. The User or Client is responsible for entering and maintaining their data and information for the provision of the Services.
5.7. The User or Client undertakes not to use the platform for illegal purposes or purposes that may contradict these Terms and Conditions. They also agree not to use, transfer, distribute, or dispose of the information included in the service in a way that may unfairly compete with HOCULO, and acknowledge that the service was developed, compiled, prepared, reviewed, selected, and designed by HOCULO.
5.8. The User also agrees to protect HOCULO's intellectual property rights during and after the term of the Contract and agrees to promptly inform HOCULO in writing if they identify any unauthorized use of the Service by third parties or violations of intellectual property rights and/or other rights that the Service may be infringing or vice-versa.
5.9. The User acknowledges that they use the platform at their own risk and responsibility, that HOCULO has no responsibility for any damages or losses of any kind caused by their contractual or non-contractual relationships, that HOCULO does not guarantee the reliability of data provided by third parties, whether in property listings, verbally, and/or through any means, and that such data may contain inaccurate and incorrect information.
6. Privacy and Personal Data Protection
6.1. The personal data identified in the request form as mandatory are essential for the provision of the Service by HOCULO. The omission or inaccuracy of the data provided by the User or Client is their sole and entire responsibility and may result in the impossibility of providing the service, deficient provision, or refusal of service by HOCULO.
6.2. The personal data of the User or Client will be processed and stored electronically and are intended to be used by HOCULO within the contractual and/or commercial relationship with the User (which may be shared with partners for commercial purposes while ensuring their privacy).
6.3. In accordance with applicable law, the User is guaranteed, at no additional cost, the right to access, rectify, and update their personal data, directly or by written request (as well as the right to object to their use for the purposes provided in the preceding paragraph, for which purpose the User should contact the entity responsible for the processing of personal data via email apoio@hoculo.com).
6.4. The Internet is an open network, so the personal data of the User or Client, other personal information, and all content hosted in the Service may circulate on the network without security conditions, thereby running the risk of being accessible and used by unauthorized third parties, and HOCULO cannot be held responsible for such access and/or use.
6.5. The User or Client acknowledges that the requested data are adequate, relevant, and limited to what is necessary for the purposes for which they will be collected, in accordance with applicable legislation on the protection of personal data.
6.6. HOCULO will only retain the collected data for as long as necessary to fulfill the purposes for which they are collected.
6.7. All communication, verbal or written, between HOCULO and the Client is confidential.
7. Cancellation and Rescheduling of Services
7.1. At the Client's Request
The Client may cancel their request by sending the request to HOCULO via email. For cancellation purposes, the Client should provide the following information:
a) Registered email or phone number;
b) Agreed service date and location;
c) The assigned request number.
7.2. Cancellation
7.2.1. Cancellation of Scheduled Requests
Whenever the service has been scheduled, cancellation up to 3 business days prior to the scheduled date incurs no cost to the Client, with a full refund of the agreed-upon amount. If cancellation occurs up to 2 business days before the agreed service date, HOCULO reserves the right to refund only 50% of the agreed amount. In the event of a cancellation on the eve or on the same day of the scheduled service, HOCULO reserves the right not to refund any amount to the User.
7.2.2. Cancellation of Unscheduled Requests
Upon request for services without any scheduling and cancellation within 4 hours after submitting the request, HOCULO reserves the right to refund only 50% of the agreed amount. In the event of a cancellation after the aforementioned 4 hours, HOCULO reserves the right not to refund the the Client any amount.
7.3. HOCULO's Decision
HOCULO reserves the right not to provide any and all Services, for example, when it detects any inconsistency in the personal data presented, when the necessary conditions for the Service to be provided are not met, when misconduct is observed on the part of the User or Client, when there is a lack of information, and/or when other reasons not designated in this point are verified, without being obliged to provide detailed explanations and/or justifications. HOCULO reserves the right not to process any refund in case of errors in the information, if the conditions for access to the property are not met whenever necessary, and/or others, whenever these are not covered by HOCULO's guarantees and/or competencies.
7.4. HOCULO assumes no responsibility, nor will there be any refund due to non-appearance and/or other external factors that prevent the provision of the requested service.
7.5. The Client can only reschedule their services with more than 24 hours' notice. If rescheduled with less than 24 hours' notice, HOCULO will consider the service as rendered, and the Client will have to schedule and pay for a new service, if desired. These measures are aimed to show respect for the professional's activity and the slot of time that was confirmed only for the Client, as well as the inherent preparatory work required for providing the service.
8. Right of Withdrawal
8.1. The Applicant may cancel one or more services, always subject to clause 7 of the Terms and Conditions.
8.2. To exercise this right, the Client may cancel one or more services by sending an email to apoio@hoculo.com expressing this intention.
8.3. Upon receipt of the cancellation request by HOCULO, any amount already paid may not be refunded to the Applicant, or only a part or the total amount may be refunded, depending on what is mentioned in clause 7. (If a promotional discount code or personal credits were used, that amount will not be refunded, meaning the refund will only be for the amount actually paid.)
8.4. The method of refunding the amount to be returned depends on the payment method used. In the case of credit card payments, they are credited to the respective accounts. In other cases, when the NIB information is provided, the refund is made to the indicated bank account. The refund is made within 14 days after receiving the notice of free withdrawal.
9. Warranty
9.1. HOCULO does not guarantee the complete accuracy of the Platform's content, the Results, and/or the Services, including the information and/or content associated with the provided Services.
9.2. HOCULO does not guarantee unimpeded access or permanent availability of the Services.
10. Intellectual Property
10.1. BA RRA, Lda. reserves all rights to the website and the services offered, with the respective domain duly licensed. The Platform contains a registered website, and the Services provided are the responsibility of BA RRA, Lda., to whom all rights to the HOCULO brand are duly licensed.
10.2. The User and/or Applicant acknowledge(s) that the Service contains confidential information and is protected by applicable law.
10.3. The User acknowledges that any content appearing in advertising, highlights, promotions, or mentions of any sponsor or advertiser is protected by current legislation, so any use of such content may only occur with the express authorization of the respective holders.
10.4. The User or Client undertakes to fully respect the rights referred to in the preceding paragraph, notably refraining from engaging in any acts that may violate the law or the aforementioned rights, such as reproduction, commercialization, transmission, or making available to the public such content or any other unauthorized acts concerning the same content.
11. Service Security Conditions
11.1. The User and/or Applicant undertakes to observe and/or ensure compliance with all applicable legal provisions, namely, not to engage in or encourage the practice of unlawful acts or acts offensive to good morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the provisions of the legislation applicable to the processing of personal data and advertising communications through calling devices and/or automatic sending, and must also observe the rules of use of the Service, under penalty of HOCULO blocking their contacts and/or suspending or deactivating the Service in accordance with the terms set forth in these Terms and Conditions.
11.2. The User and/or Applicant expressly acknowledges and accepts that the IP Network constitutes a public electronic communications network susceptible to use by various users, and as such, subject to computer overloads, so HOCULO does not guarantee the provision of the Service without interruptions, loss of information, or delays.
11.3. HOCULO also does not guarantee the provision of the Service in situations of system overload on which it relies, situations of abnormal flow of requests, or force majeure situations (situations of an extraordinary or unforeseeable nature, external to HOCULO and beyond its control).
11.4. In the event of a interruption of the provision of the Service due to unforeseeable overload of the systems on which it relies and/or other reasons, HOCULO undertakes to restore its operation as soon as possible.
12. Suspension and Deactivation of the Platform Service
12.1. Regardless of any prior or subsequent communication, HOCULO may, at any time, and at its sole discretion, discontinue the availability of the Platform, the entirety of Services, and/or part of the Services to one or all Users.
12.2. HOCULO also reserves the right to immediately suspend or terminate access to the Service in the following cases:
a) When the User or Client does not comply with the conditions of use referred to in clauses 4 or 5 and others mentioned in these Terms and Conditions;
b) When HOCULO ceases access to the Platform;
c) When HOCULO detects fraud and/or abuse with a potential system of discount codes and references, such as creating multiple profiles solely to take advantage of single-use discount codes;
d) When HOCULO detects intrusion, anomalous behavior, any type of computer piracy act, or suspicions that an act with such characteristics is ongoing and affecting the services provided by BA RRA, LDA, or a platform operated by it.
12.3. The suspension or termination of the Service by HOCULO, in accordance with the preceding paragraphs, does not entitle the User or third parties to any reimbursement or other compensation, and HOCULO cannot be held liable or in any way burdened by any consequences resulting from the suspension, annulment, and/or cancellation of the Service.
12.4. The situations described above will be communicated by HOCULO to the Client as promptly as possible.
13. Communications
13.1. Without prejudice to other forms of communication foreseen in these Terms and Conditions, notifications made to the Applicant related to the Service, including any changes to these Terms and Conditions, may be made to the email address provided by the Applicant, by SMS, or by telephone contact to the telephone number previously provided.
13.2. The Applicant agrees to receive any and all communication and/or notification related to the Platform, the Service, and/or HOCULO, to the address, contact phone number, and/or email address indicated in their request. At any time, they may request not to receive these communications and/or notifications by sending an email to apoio@hoculo.com or through the option "Do not receive the Newsletter" included in each Newsletter.
14. Technical Settings
14.1. Without prejudice to the provisions of the following number, HOCULO may change the Service and/or the technical conditions of its provision, as well as the respective rules of use, and must disclose such changes to the Applicant with a minimum of 1 day in advance.
14.2. The version of these Terms and Conditions and their annexes currently in force is available on the website www.hoculo.com.
14.3. Whenever HOCULO deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate network settings.
14.4. Without prejudice to the provisions of the following numbers, and considering the innovative nature of HOCULO Services and the technological developments they may be subject to, HOCULO may change their technical settings whenever it is convenient to adapt them to any technological and/or other developments.
14.5. HOCULO does not guarantee, however, to the User and/or Client the realization of any upgrades or improvements in the Services.
14.6. Some upgrades or new features of the Services may be available only upon payment by the User and/or subscription, by the User, of specific usage conditions.
15. Complaints
15.1. The Applicant may submit any contractual disputes to arbitration and mediation mechanisms that are or may be legally constituted, as well as complain to HOCULO about acts and omissions that violate the applicable legal provisions regarding the service order.
15.2. The complaint must be submitted within a maximum period of 7 (seven) days, counted from the date of the related service provision, and recorded in HOCULO's information systems, which must decide on the complaint and notify the interested party within a maximum period of 10 (ten) working days, counted from the date of receipt of all necessary information for the process.
15.3. Alternatively, the user can resort to the European Online Dispute Resolution Platform, accessible at the following link:
https://ec.europa.eu/consumers/odr/main/index.cfmevent=main.home.chooseLanguage.
16. Personal Data
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For more information, please refer to the Privacy Policy.
17. Applicable Law
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These Terms and Conditions of Service are governed by Portuguese law.