Terms and Conditions of Use of YO! Portal
Terms and Conditions of Use
(Updated on 03/31/2021)
These Terms and Conditions govern access to and use of the YO! (either as a mobile application or as a web portal).
The YO! is a human resources management tool, embodied in a mobile application and a Web Portal, developed, managed and provided by KnowledgeWorks - Consultoria Em Sistemas de Informação Lda. (hereinafter KnowledgeWorks).
The purpose of the YO! is to optimize communication between companies and their employees, allowing, in a simple and intuitive way, to facilitate the carrying out of various operations related to the execution of employment contracts and provision of services (such as registering attendance and punctuality, booking holidays, record absences and respective justifications, request reimbursement of expenses, request the use of equipment, etc.).
Using the Yo! is governed by these Terms and Conditions, whose reading is recommended, and is subject to full acceptance of them.
1. WHO WE ARE AND WHAT THE PURPOSE OF THESE TERMS IS
KnowledgeWorks is a Portuguese company, belonging to the Wondercom Group, headquartered at Largo Centro Cívico, 17, 1o, Edifício do Sporting, 6200-073 Covilhã, registered under the unique legal person number 507869931, which develops and supplies the YO! .
Contact details are available on the website: https://knowledgeworks.pt/contacte_nos/
Access to the Platform is granted only in the following situations:
- The Customer purchased the YO! for your Organization;
- The Organization for which the User works or with which he has a contractual relationship has acquired the services provided by the YO! Portal.
These Terms and Conditions of Use describe the legal conditions applicable to all users accessing the YO! (regardless of how this access is made).
Using the YO! implies and assumes acceptance by the User of these Terms and Conditions of Use.
By clicking on the “ I agree with the Terms and Conditions ” button, the User is agreeing to be bound by them and agrees that no other conditions will apply.
2. DEFINITIONS
- Account: an account created on the Portal, which allows a person to access and use the Services, including Administrator accounts and User accounts;
- Administrator account: the customer's accounts for the purposes of managing both the customer's use of the Portal and all customer user accounts.
- User Account: the Account accessible by Platform Users, each user having a separate account with personal Account Details;
- Data: all data and materials uploaded, stored, made available or provided by Users and/or the Client on the Portal or generated by the Portal and/or Client and Users as a result of using the Services;
- Account Owner/Customer: organization/company/person who purchased from KnowledgeWorks the service provided by Portal Yo! and that manages the Portal settings, determining its Users;
- Yo! Portal/Portal: the means through which the Services are provided (the term applying to both the mobile application and the web portal);
- Services: the services available on the Portal and all related performances and functionalities, provided by KnowledgeWorks, including the management, availability and operation of the Portal;
- Terms: these Terms and Conditions of Use;
- User: any person for whom the Account Owner has created a User account on the Portal and who has agreed to the Privacy Policy and the Terms and Conditions thereof.
3. RULES OF USE
The User, after proceeding with the necessary authentication, can access and use the Web Portal on a computer and the Mobile Application of the Portal on a mobile phone or tablet, in both cases having to have mobile internet or Wi-Fi to access the services provided. .
User authentication on the Portal is carried out through a username, created by the Account Owner, and a password, defined by the User.
The User is responsible for keeping the access codes to the Portal confidential, and any damages that may arise from the eventual transmission to third parties of the personal information in question are the User's sole responsibility.
The User undertakes not to use the Portal in a way that makes it impossible or disturbs its normal operation and access by other Users or in a way that may cause, directly or indirectly, any damage to KnowledgeWorks, its partner companies or third-party Users.
Specifically, but not exclusively, the User undertakes to:
- Ensure the veracity and accuracy of the data entered on the Portal;
- Not to reproduce, distribute, commercialize, transmit and/or make available any content on the Platform (whether or not via the internet) without prior authorization from KnowledgeWorks and without reference to intellectual property rights;
- Not to use the contents of the Portal in a way that is considered illegal, or in conjunction or association with images or other contents that contain pornography, violent acts or incitement to violence, illicit, disloyal, obscene or defamatory acts in relation to any person and/or goods or that promote racial or sexual discrimination;
- Not use the Portal for any commercial purpose, nor disassemble, decompile or revert the code, nor in any other way break or attempt to break the encryption that protects the platform;
- Not to use the Portal's contents in terms that, directly or indirectly, violate KnowledgeWorks' intellectual property rights or that could have any negative impact on its image.
- Do not change or remove any copyright information, brand, logo or other identifying elements contained on the Portal.
4. INTELLECTUAL PROPERTY
All intellectual property rights on the YO! and the information, content or software available through it belongs to KnowledgeWorks or the Partners who made it available.
The Platform is protected by copyright and other specific intellectual property rights.
The User has the right to install and use the application only for their personal (and non-commercial) use, however, copying, modifying, adapting, distributing, publishing, selling or licensing the Portal or its contents to third parties is expressly prohibited.
Any use of the Portal for purposes other than those authorized here, namely copies, in whole or in part, will incur the User in civil and/or criminal liability before KnowledgeWorks, as well as the obligation to indemnify it for all damages caused by themselves.
5. LIABILITY AND RISK
The use of the Portal is made using communication networks and computer systems, and KnowledgeWorks cannot guarantee that the use of the Portal will be uninterrupted, without delays or errors. For this reason, within the legal limits, KnowledgeWorks does not assume any commitment related to its performance/availability in these Terms, not being liable to any User or Client, for any damages suffered by the same or by third parties, resulting from the impossibility of using from Portal.
KnowledgeWorks will not be liable to any User or Customer of the Portal for any damages (including lost profits and moral damages) arising from its use, except in cases where, eventually, the damage was caused by fraud or willful misconduct attributable to KnowledgeWorks.
The personal data inserted in the Portal are always the property of the Data Subjects and Account Owners, being only used by KnowledgeWorks, in accordance with the purposes predefined by it.
Furthermore, KnowledgeWorks assumes no responsibility for any incorrect data, namely data provided by or on behalf of Users.
6. PRIVACY AND PERSONAL DATA
Users' personal data will be collected and processed in accordance with the legal regulations in force and in accordance with the Privacy Policy contained in the Web Portal and Mobile Application which you can consult here .
7. DATA PROTECTION AGREEMENT
In compliance with art. art. 28, no. 3 of the General Data Protection Regulation, in cases where the Yo! are provided to Customer Companies, KnowledgeWorks undertakes to enter into a Data Protection Agreement with them, which will define and regulate the terms of use given to the information of Customers and Users of the YO! Portal.
8. PLATFORM UPDATES
KnowledgeWorks may carry out updates and/or modifications to the Portal on its own initiative.
Updates and/or modifications made will be considered part of the Portal and are subject to these Terms and Conditions.
Updates and/or modifications may momentarily impact the functioning and availability of the Portal, and KnowledgeWorks will take reasonable measures to minimize such impact.
9. CHANGES
KnowledgeWorks reserves the right to change, in whole or in part, these Terms, in accordance with any legislative change, in accordance with best practices or based on an update of the services provided by the Platform.
Such changes will be communicated to Users and Customers through a notification on the Portal.
When changes are made, Users and Customers, in order to continue using the Portal, will have to ensure that they have read, understood and agreed with the most recent Terms available.
10. APPLICABLE LAW
These Terms and Conditions of Use are governed by Portuguese law in force.
11. GENERAL PROVISIONS
If any provision of these Terms is considered null, unenforceable or ineffective, the other provisions of this document will remain in force, the part declared invalid being considered modified in the smallest degree necessary to remedy such defect.
These Terms and Conditions are governed by Portuguese law in force.
12. CONTACT
For any question relating to these Terms or if you need to contact
KnowledgeWorks about the Portal, you can use the email geral@knowledgeworks.pt
By clicking on the “ I agree with the Terms and Conditions ” button, I DECLARE that each and every clause of these Terms has been communicated to me in full, in an appropriate manner and with the necessary advance notice, having obtained complete, effective and clarified knowledge of them, accepting, hereby, each one of them.