Terms of use - Vivafit




By using or visiting the website hosted on this site (site) or any of the information, resources and content services, including newsletter, download areas, blogs and forums made available through it (together the services), is, as a user or visitor thereof, to agree to and accept (i) these terms and conditions of use (terms of use) governing the use of the site and services by you and (ii) the policy privacy and protection of personal data available in the privacy policy (privacy policy), which defines the terms in which the collection and processing of personal data of the user. The website and services are owned by VivaFit, Lda, hereinafter referred to as VivaFit.
Through the site, VivaFit gives you access to the services. Services, including updates, developments, new tools and / or new web properties, are subject to these terms of use.
The site also offers the user the possibility to register in one of the centers under the VivaFit brand and must complete the respective membership form, accept the general conditions of membership (conditions of membership) and the respective regulation.

In addition, the site may provide for the possibility of sending, for the purpose of publication and display, subject to VivaFit's approval of information, data files, written text, graphics, links, audio files or other sounds, photographs, videos or other information. images (together, the contents). In this respect, you acknowledge that under no circumstance are you entitled to any compensation from VivaFit for the availability of the content, through the website or any other means identified in these terms of use.
VivaFit reserves the right to change these terms of use at any time, simply placing the electronic changes on the site, and it is the user's sole responsibility to verify and comply with them at each time of use. The use of the site after the publication of the changes constitutes the acceptance of the updated wording of the terms of use. If you do not agree with the changes made or, in general, with the terms of use, you must immediately stop using the site and the services.
In consideration of the attribution of the right to enjoy and use the services under these terms of use, the user accepts that VivaFit places advertisements - and promotions - in the services. These advertisements and promotions may be associated with the content and information stored in the services, inquiries made through the services or other information.


By accessing, using or downloading material from the site, you agree, on your behalf and / or on behalf of the entity on whose behalf you act, to comply punctually with the provisions of these terms of use, ensuring that you have the power to act on behalf of of the third party it represents, if that is the case.
Access to the services is expressly prohibited by any means other than through the interface provided by VivaFit, as well as access (or attempted access) to the site and / or services through automated means (including the use of scripts or web crawlers ). The use of the site is expressly prohibited for purposes other than those to which the site is intended, including illegal purposes or any other that may be considered harmful to the brand image in the market. The usurpation, counterfeiting, exploitation of usurped or counterfeited content, illegitimate identification and unfair competition are criminally punishable.
You are also prohibited from creating or introducing on this site any type of virus or programs that damage or contaminate or advise third parties to do so.

Age of requirements

The use of the site and the services is only allowed to those who have fulfilled, at the date of use, at least 18 years of age or legal age to be able to celebrate in their own name and without the intervention of third parties the generality of contracts validly jurisdiction. Any individuals who do not meet this requirement will not be able to use the site smaller. If you are a minor, you should not try to register on the site or send any personal data about you, unless the registration is preceded or accompanied by authorization for the necessary effects provided by those who have the power to validly remedy that incapacity of the child, and the sufficiency thereof is freely appreciated by VivaFit.

User account

In order to access certain services and restricted areas of the site, you may be required to provide some personal information (such as identification and contact details) within the registration process for creating a user account on the site (user account).
It must indicate a valid e-mail address and to which it has a legitimate right of access, as well as any other information necessary to complete the registration process. The information provided must be up-to-date, complete and accurate. You are responsible for maintaining the confidentiality of your password. If you detect any unlawful use of your user account, you must notify VivaFit immediately. However, you may be held liable by VivaFit or a third party for the unlawful use of your user account or password.
The user account must only be used by third parties with the consent of the respective holder.
You are solely responsible for any consequential damages or loss of profits caused by your unlawful conduct in using the site and the services and content you make available on the site.
By submitting, posting or displaying content through the Services, you must (i) act at all times in accordance with the highest applicable standards of diligence; (ii) refrain from providing information and recommendations that may create confusion or mislead users of the site; (iii) provide only content, information and recommendations within the scope of their professional and academic skills, professional experience and know-how; (iv) comply with applicable legislation; (v) refrain from providing content for purposes other than those to which the site is intended; (vi) refrain from providing content whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable.
Without prejudice to the provisions of these terms of use, the following facts, by their seriousness, may lead to the immediate cancellation of your user account:

(i) Serious or repeated violation of the terms of use;
(ii) Use of written, verbal or offensive or threatening language directed at any user of the site or any VivaFit employee, collaborator, partner or manager;
(iii) Use of insulting language or obscenities;
(iv) Provision of unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable content or infringing third party intellectual property rights.

If VivaFit deactivates or otherwise removes access to your user account, you understand and agree that you may be prevented from accessing certain restricted areas of the site, the details of your user account, or any content therein.


Registration by the user is made exclusively through the website, and is governed by the provisions of the Membership Conditions, available for consultation under the Conditions of Membership. When signing up, you must fill out the information requested by VivaFit in the membership form, which must be provided in a complete, true and up-to-date manner. If you are a minor, you should not register without proper authorization provided by those who have the power to validly remedy that incapacity of the child.
The user's registration depends, in particular, on the full acceptance of the Terms of Use, the Conditions of Adherence, the Privacy Policy and also the respective regulation manifested through the validation of checkboxes in the membership form.


VivaFit reserves the right to (i) modify, add or remove portions of the Terms of Use at any time; (ii) modify or terminate the services for any reason and without prior notice at all times; (iii) remove accounts from users whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable or violates third party intellectual property rights or the terms of use; (v) modify, replace, refuse access to the site and services, suspend or discontinue them, partially or totally. These changes will take effect from their placement on the site or the date of sending any communications.
VivaFit is committed to providing technical support to the user with a user account related to the use and functionality of the site, which is available only through electronic mail.



All information contained in the site and in the services and all data and information compiled by VivaFit associated with it (such as data files, written text, Software, music, audio files or other sounds, photographs, videos or other images) to which access to it as part of the services or through its use are considered VivaFit content (or third party, when properly identified, that holds its intellectual property and personality rights). You may not modify, lease, loan, sell, distribute or create derivative works on the basis of such content (in whole or in part) unless expressly authorized in writing by VivaFit or intellectual property and personality rights.
You acknowledge and agree that VivaFit and / or third parties duly identified (as applicable) retain all intellectual property rights (whether or not those rights are registered and in any part of the world where such rights may exist) relating to the services. VivaFit and / or third parties duly identified (as applicable) retain all rights not expressly granted to you in these terms of use.
You further agree not to remove, obscure or alter any notices of intellectual property rights (including copyright and trademark notices) that may be posted or contained in the services.
You retain the intellectual property rights and rights of the personality you already hold in respect of the content you submit, post or display on or through the services.

Brands and related

Unless you have expressly been authorized by VivaFit to do so, nothing in the terms of use gives you the right to use any of VivaFit's trademarks, trade marks, service marks, logos, domain names, and other distinctive signs.


By submitting, posting or displaying content on the site or through the services, you grant (i) VivaFit a perpetual, irrevocable, worldwide, free, non-exclusive territorial license to reproduce, adapt, modify, translate, publish, use publicly , publicly display and distribute any content posted, posted or displayed on the site or through the services. This license, which includes all intellectual property rights and personality rights (in particular, image rights) contained in the content, has the sole purpose of enabling VivaFit to present, distribute and promote the services for its users; in performing any of the acts described herein, you are also granting (ii) to each user of the services a non-exclusive license to access your content through the services, and to use, reproduce, distribute and display such content within the features of the services and the terms of use.
You agree that this license includes the right of VivaFit to make such content available to other companies, organizations or individuals with whom VivaFit has professional or co-operative relationships for the provision of services and for the use of such content together with the provision of such services .
The abovementioned licenses granted in respect of the contents cease within a commercially reasonable period after their removal or disposal of the services. However, you acknowledge and agree that VivaFit reserves the right to retain, but not to display or distribute, copies of any content that has been removed or deleted.
By submitting, posting or displaying content through the Services, and by granting the licenses referred to in the Terms of Use, you expressly represent and warrant (i) that you are not infringing any intellectual property rights or personality rights of any third party, and (ii) have all the necessary powers and authorizations to grant the abovementioned licenses.
You understand that VivaFit, in performing the technical procedures necessary to provide the services to users, may (i) transmit or distribute its content over several public networks and on various media; and may (ii) make the necessary changes to the content to adjust and adapt that content to the technical requirements for network, device, service, or media connectivity. You agree that this license allows VivaFit to perform these actions.
It is VivaFit's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property conventions (including, in the US, the Digital Millennium Copyright Act), as well as terminate user accounts for repeat infringers . If you have reason to believe that any content on the VivaFit website violates intellectual property rights, please contact VivaFit via email info@vivafit.pt.


To the extent permitted by applicable law, the services are provided as-is and as they are available and VivaFit makes no warranty of any kind with respect thereto. In particular, VivaFit does not guarantee the user that (i) the use of the services will meet their needs or expectations; (ii) the use of the services is not interrupted, or is timely, secure or error-free; (iii) any information obtained resulting from the use of the services is accurate or reliable; and (iv) defects, if any, in the operation or functionality of any software provided as part of the services will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformity with the description) apply to the services, except to the extent that they are expressly set forth in the terms of use.
Your use of the website, services, and any materials downloaded or otherwise obtained through the use of the services is at your own risk and is solely responsible for any damages and loss of profits caused to the equipment in which you use or view the site, services and materials available there.
Nothing in the terms of use shall affect the rights provided by the applicable law to which the user is always entitled as consumer, if in that capacity he intervenes and relates to VivaFit, and that he can not, in contractual form, agree to change or renounce.
No recommendation or oral or written information of VivaFit shall be construed as constituting a guarantee of any kind, unless expressly provided in the terms of use.
To facilitate user accessibility, VivaFit may include links to websites that are owned or operated by third parties. When using links to such third-party sites, you must review and accept the rules of that site before you use it. You must also accept that VivaFit does not control the content of that site and can not assume any responsibility for the materials created or published by those third party sites. In addition, a link to a non-VivaFit site does not mean that it supports the site or the products and services referenced therein.


To the extent permitted by applicable law, VivaFit assumes no liability to you for:

(I) Any damages resulting from the use of the site and services, including registration at the centers;
(Ii) Any damages resulting from: (a) any judgment by you as to the completeness, accuracy or existence of any advertisement or any relationship or transaction made with any advertiser whose advertising is displayed on VivaFit's services or newsletter; (b) any changes that VivaFit may make to the services or any permanent or temporary termination of the provision of the services (or any functionality of the services); (c) the deletion, corruption or misrepresentation of any content or other communications data maintained or transmitted by or through the use of the services; (d) direct or indirect breach of the terms of use; (e) failure to maintain the security and confidentiality of the password or user account details.

VivaFit's liability as compensation for any consequential damages and loss of profits in connection with the site and services caused by VivaFit, its representatives or ancillary is limited to cases where it acts with intent or gross negligence. If you disagree, partially or totally, with the site or the services, or the terms of use, you only have the right to stop using the site or services, as applicable, and to require the cancellation of your user account


The Privacy Policy is available in Privacy Policy. The document contains an explanation of the procedures adopted by VivaFit in the processing of your personal data and the protection of your privacy when using the website and services. You agree that VivaFit collects and treats your personal data in accordance with the Privacy Policy, being guaranteed the rights of (i) access to personal data, (ii) rectification thereof and (iii) exclusion of your treatment for the purposes of the terms described therein.



In the event of a conflict between the terms of use and other specific provisions or specific terms and conditions on the Site relating to certain materials, they must prevail.

Rights Exercise

The non-exercise or immediate non-application of rights or provisions by VivaFit, provided for in the terms of use, shall not be construed as a waiver thereof.


The terms of use constitute the entire agreement between you and VivaFit regarding your use and consultation of the site and the services and govern their use (excluding any services that may be provided by VivaFit under a written agreement in its entirety, superseding in its entirety any prior agreements between you and VivaFit in relation to the site and services.


The invalidity, declared by judicial or arbitration award, of a provision of the terms of use does not determine the invalidity of the others, reserving to VivaFit the right, if necessary, to modify the terms of use accordingly in order to invalidity.


Any VivaFit contacts, notifications and communications for the fulfillment of the terms of use should preferably be made to the email address or to an address provided by the user in your user account, without prejudice to VivaFit being able to resort to other elements and forms contact information.
Any contacts, notifications, communications and complaints of the user should be made, preferably, to the email info@vivafit.pt.


The terms of use, as well as the user's relationship with VivaFit pursuant thereto, are governed by the applicable laws of the Republic of Portugal. The user and VivaFit agree to submit to the exclusive jurisdiction of the courts of the district of Lisbon the resolution of any legal issues resulting from the terms of use, without prejudice to the applicable mandatory legal rules. Notwithstanding the foregoing, VivaFit may apply precautionary measures (or equivalent type of urgent legal compensation) in any jurisdiction.