Terms and Conditions
Terms and Conditions of use of the “HiQi” mobile application
The present Terms and Conditions govern access to and use of the “HiQi” mobile application (“App”), the website www.hiqi.eu and the access portal reserved for customers of said website, owned by Greatest Distance, Lda., a private limited company with headquarters at Avenida Engenheiro Arantes e Oliveira, 5, 1.º A, 1900- 221 Lisbon (“GD”). Legal issues regarding the App, the website www.hiqi.eu and the access portal reserved for customers of said website, related to privacy and personal data can be consulted in the Personal Data Protection and Privacy Policy, which constitutes chapter VI of these Terms and Conditions.
I
Introduction
1. The use of the App, website www.hiqi.eu and access portal reserved for customers of said website, by users will be governed by these Terms and Conditions, its use implying acceptance of these terms and conditions by the user; if he does not accept them, he must stop using the App, website and/or access portal.
2. GD may change or update, as a whole or in part, these Terms and Conditions, including the Personal Data Protection and Privacy Policy contained in chapter VI. Any changes or updates to these Terms and Conditions, as well as those of the Personal Data Protection and Privacy Policy, will take effect as soon as they are made available on the App, website and/or access portal, and users are advised to regularly consult the respective sections to check for the most up-to-date versions[ NG1].
3. Changes considered most relevant by GD will be communicated directly to users, who must expressly accept the new terms through the procedure indicated to them in order to continue using the App, website and/or access portal.
4. Access to and use of the App, website and/or access portal, are made available by GD for the following features, without prejudice to their deletion or of other that may be added:
a) Map – allows the user to identify the location of gas stations in the HiQi network;
b) Customer Support – allows the user to access messages, which may be information, alerts or others, related to the application and send messages to the application managers; it also allows the user to consult the contacts of the company that owns the App, website and access portal;
c) Top-ups – allows the user to top-ups by MBWay or any payment method that GD will make available in the App, website and/or access portal which will be available in the application balance;
d) Consumption – allows the user to check the fuel consumption of registered vehicles;
e) History – allows the user to consult the history of use of the App and check if there is any payment pending confirmation;
f) Settings - allows the user to change preferences and have access to different information, depending on the profile they are using at any given time;
g) Terms and Conditions for Adhesion to the Contract - allows the user to access the terms and conditions of the service;
h) Logout - allows the user to exit the App or access portal.
II
License
5. Without prejudice to the other clauses of these Terms and Conditions, GD authorises any user to use the App, website and access portal, only for the purposes set out in these Terms and Conditions.
6. The user licence may be revoked by GD at any time.
7. Under the terms of the law and of these Terms and Conditions, the user may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or change the source code, perform reverse engineering operations, decompile or disassemble, as a whole or in part the content of the App, website or access portal.
8. Accessing and using all of the App's, website or access portal, features presumes that the user: (i) downloads the “HiQi App” onto their equipment; (ii) grants authorization for geographic location identification; (iii) activates the receipt of notifications; and (v) accepts these Terms and Conditions of Use.
9. Access to the website is public, as for the access portal it depends on the issuing of credentials, unique and exclusive to each user, who is responsible for its proper use.
10. By accessing the App, website or access portal, the user acknowledges and accepts that their content may be incomplete, inaccurate, not up to date, or that it may not satisfy all of its needs and requirements.
11. The services provided by the App cannot be used by drivers while driving, and must comply with the applicable provisions of the Road Code (National Law).
12. Violation of these Terms and Conditions may imply the withdrawal of the licence granted by GD and, make the violator incur civil and criminal liability before GD or third parties harmed by its action.
III
App, website and access portal Contents
13. The App, website and access portal, and all information and content published therein may be changed by GD at any time, periodically or not, and without prior notice.
14. Accessing and using the App constitutes, for all legal and contractual purposes, activities carried out by users.
15. Customers or users are solely responsible for the use they make of the App and access portal and its contents and for evaluating the information obtained through the App and portal. Users are solely responsible for communicating information or data that is incorrect, false, or belonging to third parties, presuming GD that, in these cases, the user has obtained their consent, as well as for their incorrect use.
16. The contents of the App, website and access portal, may contain inaccuracies, omissions or typos, or even become temporarily out of date. GD cannot be held responsible, in any way, for inaccuracies and errors, or for damages resulting from the use of information derived from the App, website or access portal, or through these by customers or users.
17. Considering that any content that may be downloaded or otherwise obtained through the App, website or access portal, are the result of the free decision of the customer or user and are carried out at their own risk, any damage to the customer or user's equipment or loss of data resulting from download operations carried out by the customer or user will be their sole responsibility and cannot be attributed to GD.
18. GD assumes no responsibility for damages resulting from the impossibility of accessing the services made available through the App, website or access portal, or for damages caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of contents, issues related to the internet, providers of services or with the telephone and/or telematics connection, unauthorised access, alterations of data, or related to the non-existence or poor functioning of the customer's or user's electronic devices.
19. The customer or user is entirely and exclusively responsible for any actions taken through their customer or user account, directly or through third parties authorised by them or who, for whatever reason, have had access to their device.
20. GD does not and cannot guarantee that the App, website or access portal, is free of viruses or any other element that could negatively affect the technology.
IV
Links to other mobile link websites
21. The eventual provision by GD in the App, website or access portal, of links to other websites with a mobile connection completely independent of the App and/or pages of GD is included only for exclusively informative purposes and for the convenience of the user. GD does not control these pages and, therefore, is not responsible for them or for the respective contents or products and is not responsible for any damages or losses that may result from the use of these pages by the customer or user, as well as for the processing of data personal information during internet browsing operations. Access to these pages through an existing link in the App, website or access portal, will be carried out at the sole responsibility and risk of the customer or user.
22. The customer or user must therefore pay particular attention when connecting to external pages through existing links in the App, website or access portal, and carefully read the respective terms and conditions and privacy policies.
V
Access to the App
23. GD provides access to the App and access portal, without prejudice to the possibility that such access may be suspended, limited or interrupted at any time, namely to allow the recovery, maintenance or introduction of new functionalities or services, committing GD to make its best efforts to regain access as soon as possible.
24. The customer or user is responsible for the safekeeping and correct use of their personal information and their access credentials. In these circumstances, the customer or user will be responsible for creating their username and password. The customer or user will also be responsible for providing specific information, which must be correct and up to date. The customer or user may not choose a username belonging to a third party in order to use their identity. The customer or user may not, likewise, use the username of a third party without their express consent.
25. The customer or user must guarantee the confidentiality of their password and must not share it with third parties.
VI
Personal Data Protection
26. The person responsible for processing the personal data of users is GD[NG2] , through the person responsible for personal data that is designated at any time.
27. The purpose of the treatment consists of pre-contractual steps or Execution of the Contract whose terms are governed by the Terms and Conditions made available through the mobile application and, in omission, by the general principles of the law, as well as carrying out surveys and/or opinion surveys, definition and analysis of profiles, development of predictive models, loyalty actions through dynamic analysis of profiles.
28. The data retention period is one year after the termination of the Contract, without prejudice to the retention of personal data for a longer period for the fulfilment of contractual and/or legal obligations.
29. The personal data processed are or may be: identification and contact data, including, without limiting, name, user ID, IP address (dynamic) and photograph, e-mail address, demographic data, credit card loyalty data, consumption data, vehicle data, data associated with your social networks, data on preferences and interests of the holder, data resulting from the collection of opinions and evaluation of services (namely through the evaluation of gas stations), data resulting from information in the context of responding to any questions, requests or complaints (namely through the “Customer Support” functionality) and IT usage data and/or other authentication and access and/or security credentials.
30. If the lawful basis for the processing of your personal data is consent or legitimate interest, you may respectively withdraw consent or oppose the processing, at any time, without any consequences. If consent is withdrawn or if your express opposition is verified, GD and/or GD's subcontracting companies undertake actions to immediately cease processing your personal data for the purpose in question, unless there is a need to process the data for the fulfilment of legal, contractual obligations and/or for the pursuit of GD's legitimate interests.
31. Your personal data will be processed by GD and/or by subcontracting companies of GD in the context of the purposes indicated above, in accordance with GD's policy and internal rules and using appropriate technical and organisational measures to promote the respective security and confidentiality, namely in relation to unauthorised or unlawful processing of your personal data and the respective loss, destruction or accidental damage.
32. Your personal data may be provided to companies in charge of providing GD services and products. These companies are bound to GD by written contract, they can only process your personal data for the purposes specifically set out above and are not authorised to process them, directly or indirectly, for any other purpose, for their own benefit or that of a third party.
33. In compliance with legal and/or contractual obligations, your personal data may also be transmitted to network operators, to third parties with whom GD establishes partnerships, to judicial, administrative, supervisory or regulatory authorities and also to entities that carry out , lawfully, data compilation actions, fraud prevention and combat actions, market or statistical studies.
34. You have the right to:
i) request and receive relevant information regarding the processing of personal data carried out by GD and/or its subcontractors;
ii) request access to your personal data, namely, obtain confirmation that your personal data is being processed;
iii) rectify, erase, restrict the processing of personal data or request their portability by GD and/or its subcontractors. You also have the right to file a complaint with the competent supervisory authority, the National Data Protection Commission - CNPD (Comissão Nacional de Proteção de Dados), if you consider that the processing carried out on your personal data violates your rights and/or applicable legislation on data protection and privacy.
35. You may at any time, in writing:
i. Exercise the rights enshrined in the Personal Data Protection Law and other applicable legislation through the email datapessoais@hiqi.eu
ii. Contact the GD data protection officer for any questions related to the protection and privacy of your personal data via email datapersonal@hiqi.eu.
VII
Intellectual Property Rights
36. All rights are reserved and access to the App, website or access portal, does not give the customer or user any rights over the contents made available there by GD.
37. The App, website and access portal, and all their contents, including, without limiting, articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video or audio clips or marketing texts, as well as brands, logos, domain names, and any other elements that may be covered by property rights (including source codes) and/or other forms of intellectual property rights (hereinafter “Material”), are the property of GD or third parties and are protected against use, copying or non authorised disclosure by national laws and international treaties relating to Intellectual Property Rights.
38. None of the provisions of the Terms and Conditions and/or the contents contained in the App, website or access portal, may be interpreted as implicitly conferring, accepting or by any means licensing the right to use any Material by any means, without the prior written consent of GD or the third party owner of the Material or intellectual property rights published in the App, website or access portal,
39. The use, copying, reproduction, alteration, republication, updating, downloading, emailing, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified, but of identical nature, is prohibited.
40. The customer or user may, however, view and display the content of the App, website or access portal, and/or the Material on their equipment, store such content in electronic format on disk (but not on a server or on a memory device connected to the Internet) or print a copy of such content for your personal, non-commercial use, however you must retain all information relating to intellectual property rights.
VIII
Warranties Provided by the Customer or User
41. The customer or user acknowledges and declares that:
a) Has read and understood these Terms and Conditions;
b) Will refrain from reproducing, duplicating, copying, selling, reselling or by any means commercially exploiting the App, website or access portal, or their contents, or part thereof, as well as refraining from using or reproducing the brands or any intellectual or industrial property rights from GD or third parties;
c) Will refrain from using, directly or indirectly, the App, website or access portal, for purposes contrary to the law or contrary to the provisions contained in these Terms and Conditions;
d) Will not spread viruses, spyware, adware, backdoor or Trojan viruses or other similar threats through the App, website or access portal, ;
e) Will not use software or other automatic or manual mechanisms to copy or access control of the App or its content.
IX
Commercial Conditions
42. GD sells petroleum-derived fuels as well as products and services for mobility, or other products or services that may communicate, with the HiQi brand, or others that it owns or will own or will replace it through of a technological solution for the sale of fuel and other products or services consisting of an APP, a BackOffice system and a Call Center.
43. The provision of these products and services is carried out upon pre-payment or on-the-spot payment, under the conditions set out below, in the service areas or points of sale indicated by GD on the website www.hiqi.eu or in the APP; either the website or the APP may, at any time, be given another name, provided the customer or user is duly informed.
44. GD's sales activity is preferably supported by the APP and may, alternatively, be the transaction validated by a single-use SMS Token; the APP allows for the opening up of fuel supply at the Network gas stations without the intervention of the operators of these gas stations and, among other features, the consultation of invoices, statements, consumption, consumption averages, location of Network gas stations, management of license plates and users, payments.
45. Only in case of impossibility of using the APP, alternative means may be used: SMS token (only for supply purposes), reserved area of the website (only for information purposes) or the services of the first party, including the Call Center, via telephone number (+ 351) 211978951 or another that may come to be communicated.
46. The customer or user is identified by the CREDENTIALS associated to these terms and conditions.
47. Said technological solution, or its designation, may at any time be updated or changed by GD by simple communication to the customer or user, who must keep it’s devices updated in accordance with the latest versions of the APP.
48. GD commits to provide, customers or users, with fuel, or other products or services that may come to be communicated, at indicated points of the Network.
49. The price of each product is, for each point of sale and at any time, that indicated in the APP;
50. Fuelling will preferably be done using the APP and in accordance with the following procedure or another that may be communicated: the user will select the gas station, the pump, the type of fuel, the number of kilometers of the vehicle at the time of fueling, after which he will enter the PIN and the pump will be ready for fueling, which the user must complete within the period indicated by the application.
51. To this end, the customer will promote the registration of each user that he intends to authorise.
52. After the registration of each user, GD will send each of them the credentials, consisting of username and password.
53. The indication and supervision of each user by the customer to use the APP with the credentials is his sole responsibility, including the access, to be determined by him, that each user has to any of the APP's functionalities.
54. It is also the sole responsibility of the customer to manage the credentials assigned to each user, as well as to determine their level of access to the APP's functionalities, declaring themselves warned that knowing the credentials is enough to validate any operation carried out through the APP.
55. It is also the sole responsibility of customers or users to have communication equipment connected to the data network that allows downloading, installing and using the APP.
56. Exceptionally, when it is not possible to use the APP, the supply may be authorised via SMS Token, provided that the conditions for this are met; The first party reserves the right to charge the customer or user the additional costs arising from the use of this alternative means of payment.
57. The customer or user accepts the legal equivalent of the credentials to their handwritten signatures; further accepts that the supply subsequent to the reception of the SMS referred to in the previous clause will be charged under the same terms as the supply through the APP, unless GD debits the respective costs, in which case these will be added to the supply.
58. The APP Log will be sufficient proof of the performance of each transaction, as to the location, type, price, quantity of fuel or other products, registration number and mileage of the vehicle, user identification or any other information that is recorded there, which information transmitted by email by GD to the customer right after each transaction.
59. The inclusion of new gas stations, or changes in terms of contracted products, the established discount or the credit limit granted, will all be communicated by GD by email to the customer or user and/or communicated and published on the website, either in the client's personal area or in the public area of the same website.
60. The second party is obliged to pay all fuel bills or other products or services provided through the APP or authorised under the terms of clause 55, even if the use of the APP or the SMS request has been abusively executed by a third party and even if for some reason the supply is made in service areas not selected by the second party. The use of the APP, or the request for supply via SMS, irrevocably confirms the purchase of that product or service by the second party, and cannot serve as an exception for non-compliance with the contract.
61. If for any reason, technical or otherwise, the transaction cannot be carried out automatically as mentioned above and has to be carried out using the Call Center, the corresponding registration will also irrevocably confirm the purchase of that product or service by the second contracting party, and there can be no excuse for its payment; for this purpose, when using the Call Center, the information required for security purposes must be provided to the GD.
62. Under no circumstances can GD be held liable for damages resulting from the closure or lack of supply of fuel or other products, for any reason, at registered gas stations.
63. An extract will be regularly issued, consisting or not of a set of invoices, in accordance with the period referred to in the annex to this contract, this extract will contain your payment period.
64. The customer accepts electronic or similar invoicing by GD.
65. All contacts between the parties under this contract should preferably be made by email, through the APP or through their publication in the public area or in the reserved area of the second party on the website. The email address of the first party is: comercial@hiqi.eu, or others that may be indicated.
66. All the assumptions and clauses of this contract are essential for the formation of the will of the parties, whereby it is stated that the business object of this contract is unique and unbreakable.
X
Other Provisions
67. The nullity, even if supervening, of any or some of the provisions stipulated in these Terms and Conditions will be considered suppressed, with the remaining provisions remaining fully in force and producing all their legal and contractual effects unless it is shown that there would not have been their acceptance without those.
68. These Terms and Conditions will be governed by Portuguese law and will be interpreted in accordance with Portuguese law or EU legislation, when applicable. Any dispute arising from these Terms and Conditions or related to them, in the absence of an agreement between the parties, will be resolved by the Judicial Courts of the Lisbon District, or the Consumer Conflict Arbitration Center of Lisbon, with waiver of any others.
69. The user may contact Customer Service for any question related to the Terms and Conditions or for any question related to the use of the App via email to
Date: May 2023