Terms and Conditions
A – Scope and purpose
- These Terms and Conditions of Use regulate the acquisition and use of the mobile application (app) iKiTalk.
- The application was developed by Worldadrenaline Lda. who will operate and maintain the system and take on the role of data controller, for the purpose of personal data related legislation.
- The purpose of the app is to inform their users about the Covid measures in their area, and as well, about specific measures applied to private and public buildings, the App sends an audio alert in a clear and easy way about the COVID19 rules in that specific place.
B – Conditions of access and use
- The application is publicly accessible and free of charge.
- Participation and use of the app are voluntary, allowing users to stop using it at any given time, based on their autonomous and unilateral decision.
- By accessing the app, the user declares that he/she has understood and accepted the following conditions and legal information relating to the app (and the elements contained therein). If the user does not agree to these conditions, then he/should not use the app.
C – Features of the app
- The application informs their users about the Covid measures in their area, and as well, about specific measures applied to private and public buildings, the App sends an audio alert in a clear and easy way about the COVID19 rules in that specific place.
- The activation of GPS is required for the operation of the app.
- By accessing the application the user will be informed about the risk level and the applied measures in their area. As the user starts moving through the street and walking near the entrances of stores and public buildings, the App sends an audio alert in a clear and easy way about the COVID19 rules in that specific place. The list of cities with specific information about TalkTalk in private and public building is available on the following website: www.talktalk.pt
- The app also communicates behavioral recommendations.
- The app uses geolocation services to run.
- The app does not keep the geolocation data of their users.
D – Users’ duties of care
- Users are responsible for the technical access to the app.
- Users are required to take the necessary security measures to protect their own devices against unauthorized access by third parties and against malware. Users’ attention is hereby drawn to the security risks associated with use of the internet and of internet technologies.
- Users are required to keep the app updated. There is no claim to use a specific version of the software.
- Users are required to check any data they enter for completeness and correctness.
- When using the app, users are responsible for complying with applicable legal provisions and the Terms and Conditions of Use.
E – Liability and warranty
- While the Worldadrenaline Lda. and the developers have taken every step to ensure the correctness of the information, content and communications published in the app, they do not ensure the correctness, accuracy, topicality or reliability thereof. Worldadrenaline Lda. expressly reserves the right, at any time, and without prior notice, to partially or completely alter, delete or temporarily hold information and content.
- To the extent permitted by law, any claims for liability against the Worldadrenaline Lda. or the developers due to material or immaterial damage, including consequential damage – arising, for instance, from access to, use or non-use of the app and the associated information, content and communications, from misuse of the connection, from technical faults, or from infringement of the users’ duties of care – are hereby excluded.
- The Worldadrenaline Lda. or the developers take on no responsibility, and make no warranty that the features and use of the app will be permanently and continuously available and free of errors or faults, that errors will be fixed, or that the servers will be free of viruses or other harmful elements.
- The Worldadrenaline Lda. is entitled to discontinue the use of the app at any time.
- The Worldadrenaline Lda. is not responsible for references and links to third-party websites. The Worldadrenaline Lda. is not responsible for continuous existence, content or correctness of such information. Access to and use of such websites is at the user’s own risk. The Worldadrenaline Lda. explicitly states that it has no influence on the design, content or offerings of linked-to pages. Responsibility for information and services provided by linked-to websites lies entirely with the third party in question. No responsibility whatsoever is accepted for such websites.
F – Data Protection
- According to the GDPR, the Charter of Fundamental Rights of the European Union and the provisions of Portuguese national legislation on data protection, everyone has the right to privacy and the protection against misuse of their personal data. The GDPR, the Portuguese Data Protection Act and the Privacy Policy of TalkTalk govern the processing of personal data by the Worldadrenaline Lda. as data controller. Therefore, in no circumstance such data will be shared with or sold to third parties. Moreover, its processing shall be limited to what is strictly necessary for the purposes of the app described above.
G – Termination of use
- The user can stop using the app at any time by deleting/uninstalling it from the mobile phone.
- The whole system will be discontinued when the end of the pandemic is declared in Portugal.
H – Copyright, property rights and rights of use
- Copyrights on the app and associated contents belong to the developers.
- The information and content is openly accessible to the public. The content published in the app is for personal use only. Any further reproduction or transfer of content to third parties is not allowed. The downloading or copying of content, images, photos or other files does not result in any transfer of rights as regards to the content. The developers (the copyright owners) or the designated holders of rights benefit exclusively from copyright and any other rights relating to content, images, photos or other files in this app, namely Worldadrenaline Lda., as their licensee. Written consent from the copyright owners is required for the reproduction of any elements
I – Final provisions
- These provisions are available in Portuguese and English. In the event of inconsistencies, the Portuguese version shall prevail.
- Users can use the app free of any charge. Any costs associated with the network access to enable use of the app are borne by the user.
- The Worldadrenaline Lda. reserves the right to amend or add to the Terms and Conditions of Use at any time, given that the law and the rights of the copyright owners are fully respected. The new conditions will be communicated to users in advance, in an appropriate manner, and will be deemed to have been accepted if no objection is received within one month.
- Should one provision of the Terms and Conditions of Use be invalid or inoperative, the other provisions thereof shall not be affected.
- Portuguese Law shall apply, subject to any divergent mandatory provisions of European Union Law.