TERMS AND CONDITIONS

1. Scope and Purpose of the General Terms and Conditions

1.1. These General Terms and Conditions regulate the provision, through www.bookanapp.com (“Website”), of the service of digital appointment booking ( “Service”) of services published on the Website by registered providers (individually a “Provider” and collectively “Providers”) by Butterfly Valley Lda VAT number 514824719 (“Butterfly Valley”) to the end user, registered on the Website or anonymous, (individually a “User” and collectively “Users”). By continuing to use this website the User accepts these terms and conditions.
1.2. The Service consists in the provision, through the Website, which, in addition to providing information relating to a set of services, allows the User to digitally book appointments of services published by Providers on the Website, under the terms and conditions described herein.
1.3. Registration on the site must be done by Users aged 18 (eighteen) or over years (minors must be authorized by their representatives). The information transmitted by the User and all the appointments booked will have full legal effects. The User thus shall not claim the lack of endorsement to justify failure to comply with the assumed liabilities.

2. Content Information

2.1. Butterfly Valley will make every effort to ensure that the information presented is free of typographical errors which will be promptly corrected whenever these occur.
2.2. All information on prices, specifications, promotional actions and services may be changed at any time by Butterfly Valley without prior notice.

3. Liabilities

3.1 The Website has adequate levels of digital security, however, Butterfly Valley shall not be liable for any damages suffered by the User and/or third parties due to delays, disruptions, errors and suspensions of the Service due to factors beyond Butterfly Valley’s control, in particular, any failures caused by the communication network or communication services provided by third parties, computer systems, modems, connection software or any computer viruses contained in downloaded files that may affect User’s equipment. If for any reason of error of access to the Website the Service is disrupted, Butterfly Valley shall not be liable for any damages that may occur due to mentioned disruptions.
3.2 Data and information queries made within the scope of this Service are presumed to be made by the User. Butterfly Valley shall not be held liable for any misuse or fraudulent use of the obtained information.
3.3 Butterfly Valley shall not be liable for any loss or damage caused by abusive use of the Service, through felony or gross negligence, that is not directly imputable to Butterfly Valley.
3.4 Butterfly Valley shall not be liable for any loss or damage caused by breach or defective performance of the Service when it is not directly or indirectly imputable to Butterfly Valley and is not liable in particular for (i) errors, omissions or other inaccurate information made available through the Service; (ii) damages caused by User's or third party's fault, including breaches of intellectual property, (iii) breach or defective compliance resulting from enforcement of judicial decisions or these of administrative authorities, or (iv) breach or failure to provide the Service due to situations of an extraordinary or unforeseeable nature which cannot be controlled by Butterfly Valley, such as fires, power outages, explosions, wars, riots, civil unrest, governmental decisions, strikes, earthquakes, floods or other natural disasters or other situations not controllable by Butterfly Valley that prevent or impede compliance with the assumed liabilities.
3.5 Butterfly Valley does not guarantee that: (i) the Service is provided without any disruptions, is safe, error-free, or operates infinitely;
ii) the quality of any service or information obtained through the Service will live up to any expectations of the User in relation to it.
Any information obtained in any way through the use of the Service shall be used at the User’s risk and only the User shall solely be responsible for any damage caused to his/her system and/or computer equipment or for any loss of data resulting from that operation.
No advice or information, whether oral or written, obtained by the User from or through the Service shall create any warranty that is not expressed in these General Conditions.
3.6. The User agrees that Butterfly Valley shall in no way be liable for any damages, including, but not limited to, damages for loss of profits, data, content, or any other losses (even if Butterfly Valley has been previously advised by the User about the possibility of such damages), resulting:
i) from the use or impossibility of using the Service;
(ii) unauthorized access to or modification of personal information.

4. User’s Liabilities

4.1. The user shall undertake to:
i) provide accurate personal data;
ii) do not use false identities;
4.2. If any of the data is inaccurate or insufficient and leads to a delay or impossibility to process the appointment booking, this shall be User’s responsibility, and Butterfly Valley shall not be held liable for any of the described events. In the event that a User fails to comply to any of mentioned liabilities, Butterfly Valley reserves the right to block User’s access to the Website, or to refuse to provide the Service to the non-complying User; and also to not allow non-complying User’s future access to any services provided by Butterfly Valley.

5. Appointment Booking

5.1. The Provider may restrict anonymous Users from booking appointments on its page on the Website.
5.2. All information regarding the provided services, photographs, name and address, as well as the calendar management are of the entire responsibility of the Provider, therefore Butterfly Valley shall not be held liable for any damages resulting from Provider’s failure to comply with the terms and conditions of the Service.
5.3 Once the booking process is complete, the User will receive, via e-mail, the summary of his/her appointment, including date, time and place.

6. Appointment cancellation

6.1 At User’s request
The User may cancel or reschedule his appointment by accessing the Website and using the tools provided for this purpose. During this process, the User will be encouraged, but not obliged, to disclose the reason of the cancellation, which will be communicated to the respective Provider.
6.2 At Provider’s request
Any Provider registered on the Website reserves the right to cancel an appointment, when it verifies any inconsistency in the provider personal information or observes any form of misconduct by the User. The Provider also reserves the right to cancel an appointment without invoking a reason in which case the User will be notified of the cancellation through the automatic means available on the Website.

7. Intelectual Property

7.1. The Website is registered and owned by Butterfly Valley.
7.2. The User shall acknowledge that the Service contains confidential information and is protected by copyright law, industrial property law and other applicable legislation.
7.3. The User shall acknowledge that any content published on the Website that may appear in advertising, prominence, promotion or mention of any sponsor or advertiser is protected by copyright law, industrial property laws and other property protection legislation, so any use of such content shall only occur under Butterfly Valley’s express authorizatio.
7.4. The User shall undertake to respect in full the rights referred to in the previous line, namely to refrain from any actions that may violate the law or said rights, such as reproduction, marketing, transmission or public placement of such.

8. Service Security

8.1. The User shall undertake to respect all applicable legislation, in particular, not to practice or encourage the practice of illegal acts, such as the indiscriminate sending of unsolicited communication (spamming) in violation of the legislation applicable to personal data processing and advertising by means of automatic calling devices and/or mass email sending, and shall also observe the terms of Service, otherwise Butterfly Valley may suspend or block the User’s access to the Service in accordance with paragraph 14.
8.2. The User shall expressly acknowledge and accept that the IP Network constitutes a public electronic communication network which can be used simultaneously by several users and is therefore subject to computer overload, and therefore Butterfly Valley shall not guarantee the provision of the Service without any disruption, loss of information or delays.
8.3. Butterfly Valley shall also not guarantee the provision of the Service in situations of unforeseeable overloading of its systems or in case of force majeure (situations of an extraordinary or unforeseeable nature not controllable by Butterfly Valley).
8.4. In the event of any disruption of the Service due to unpredictable overload of the systems utilized for its provision, Butterfly Valley shall undertake to normalize its operations as soon as possible.

9. Service Suspension and Deactivation

9.1. Regardless of any prior or subsequent communication, Butterfly Valley may, at any time and at its sole discretion, discontinue the provision of the Service or a part of the Service to any or all Users.
9.2. Butterfly Valley also reserves the right to suspend or immediately cease access to the Service in the following cases: a) when the User does not observe the terms referred to in paragraph 4 and others referred to in the present Terms and Conditions;
b) when Butterfly Valley ceases access to the Website upon a notice 15 days prior to the date of the cease.
9.3. Suspension or cease of the Service by Butterfly Valley, under the terms of the preceding paragraphs, does not affect the right of the User or third parties to any compensation and Butterfly Valley shall not be liable or otherwise encumbered for any consequence resulting from suspension, cease or cancellation of the Service.
9.4. In the situations described above, Butterfly Valley shall communicate to the User three (3) business days counting from the sending of the notification to the User or when the information is made publicly available on the Website’s homepage.

10. Communication

10.1. Regardless of other means of communication mentioned in these Terms and Conditions, notifications made to the User regarding the Service, including any changes to these Terms and Conditions, may be made to the User's email address and/or to the User’s cellular phone by SMS or telephonic contact.
10.2. The User shall agree to receive any or all communication and/or notifications related to the Website on the User’s telephone number and/or e-mail address (e-mail) communicated during registration process or modified later.
At any time the User may request that not to receive any Service related communication and/or notifications through the means available on the Website or through the option 'Unsubscribe from this Newsletter' available in each Newsletter.

11. Technical Settings

11.1. Regardless of any information contained in the previous paragraphs, Butterfly Valley may change the Service’s settings and/or the technical conditions of its provision, as well as the respective rules of use, and shall disclose such changes to the User with at least fifteen (15) business days’ notice.
11.2. The current version of these Terms and Conditions is available at https://www.bookanapp.com/info/terms

12. Networking

12.1. Whenever Butterfly Valley deems necessary or desirable to optimize the Users’ experience and/or improve connectivity setting, it may remotely reshape the Service’s network settings.
12.2. Regardless of the information mentioned below, and in view of the innovative nature of the Service and the technological developments to which it may be subject, Butterfly Valley may change the technical settings of the Service whenever this proves useful to adapt to any technological developments.
12.3. However, Butterfly Valley shall not guarantee the User to perform any Service upgrades or improvements.
12.4. Some paid upgrades or new functionalities of the Service may be made available to the User that may subject to specific terms conditions applicable to paid services.

13. Claims

13.1. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively “Disputes”) brought by either the User or Butterfly Valley (individually a “Party” and collectively, the “Parties”), the Parties shall agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
13.2. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. The User understands that without this provision the User would have the right to sue in court.
13.3. In no event shall any Dispute brought by either Party related in any way to the Service be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within that portions of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction, and the Parties agree to submit to the personal jurisdiction of that court.

14. Governing Law

14.1. These Terms and Conditions are governed by and construed in accordance with the laws of the Portuguese Republic.

15. Privacy Policy

15.1. Butterfly Valley guarantees the confidentiality of all data provided by Users registered on the Website.
15.2. The personal data identified in the registration form as being mandatory indispensable to the provision of the Service by Butterfly Valley. The omission or inaccuracy of the provided data by the User is his/her its sole and entire responsibility and may give rise to the refusal by Butterfly Valley to provide the Service.
15.3. Users’ personal data will be processed and stored digitally and are intended to be used by Butterfly Valley solely in the scope of providing the Service to the User, and only the name of the User, communicated during registration or modified later, will be visible to the Provider of the respective scheduled appointment for better identification. The collected data may also be used in advertising and marketing campaigns intended solely for the respective User through emails, newsletters and other types of communication.
15.4. In accordance with the applicable legislation, the Users are guaranteed, without additional charges, the right of access, rectification, updating, elimination and portability of their personal data, either directly or by written request.
15.5. The Internet is an open network, so any Users’ personal data, other personal information and/or all content hosted on the Website may be leaked or lost. This may lead to the risk of the mentioned data being accessed and used by unauthorized third parties. Butterfly Valley shall not be held liable for such access and/or use when any data loss is not directly or indirectly imputable to it.

16. Cookie Policy

16.1. A cookie is a small text file that is transferred to your computer when you visit the Website. This file records the areas of the Website that Users visit. The Website uses both its own and third-party cookies. Proprietary cookies are configured on the Service's server which identify the User's location on the pages. They also indicate the settings that Users have used in their previous visits. On the other hand, third-party cookies are configured by another service that is not managed by Butterfly Valley.
16.2. There are two types of cookies. Permanent cookies are cookies that are stored at the browser level in your device (PC, mobile and tablet) and are used whenever you revisit the Website. These are generally used to redirect navigation to the Users’ interests, allowing a more personalized service. Session cookies: These are temporary cookies that remain in Users’ browsers cookie file until the session is closed. The information obtained by these cookies serves to analyse the web traffic patterns, allowing Butterfly Valley to identify problems and provide a better browsing experience. Session cookies are also used to configure Users’ session parameters which are indispensable when providing the Service.
16.3. Types of cookies used on the Website.
16.3.1. Strictly needed cookies – these allow Users to navigate on the Website and use its applications as well as access secure areas of the Website. Without these cookies, the Service cannot be provided.
16.3.2. Analytical Cookies – these are used anonymously for the purpose of creating and analysing statistics in order to improve the functioning of the Website.
16.3.3. Functional cookies – these retain Users’ preferences that regard the use of the Website, so that there is no need for configuration each time the Website is revisited.
16.4. Most devices can be configured to accept all cookies, issue a warning when they receive a cookie, or reject all cookies. Users can block all types of cookies, including third-party cookies, at any time through the browser's interface. (Please note that some of the features on the Site may not work if cookies are disabled).