Please read these terms carefully before using our platform.
Scope of Application
These Terms and Conditions govern access to, enrolment in, subscription to and use of the TABLE8 technology platform operated by Guagee Solutions, Lda., and are intended for public use on the website, commercial onboarding, B2B contracting and supplementary contractual documentation applicable to participating establishments.
Without prejudice to mandatory legal provisions applicable to consumers or third parties, these Terms primarily govern the legal relationship between Guagee Solutions, Lda. and the business Client that subscribes to or uses the platform.
In specific matters, special conditions, commercial proposals, orders, technical annexes, data processing agreements, SLAs or other written addenda expressly accepted by the parties may coexist with and prevail within their respective scope.
1. Identification of the Service Provider
1.1 The TABLE8 platform is made available by Guagee Solutions, Lda., corporate entity no. 515582859, with registered office at Rua Henrique Franco Pintor 12, Ed. Solar dos Barreiros, 4th Floor V, 9000-767 Funchal, Portugal, hereinafter referred to as “Guagee”.
1.2 Guagee is the sole provider of the TABLE8 SaaS service, although it may use, for strictly technical purposes, cloud infrastructure, APIs, payment gateways, technology subcontractors, communications providers, hosting, authentication, billing or other third-party service providers.
1.3 For contractual, legal and compliance purposes, the official contacts published on the TABLE8 website and the contacts communicated by Guagee to the Client during the enrolment process shall be deemed valid, including, as at the date of this version, the email guageesolutions@gmail.com, the telephone number +351 291 600 023 and the address identified above, without prejudice to subsequent updates.
1.4 Whenever legally applicable to Guagee, access to the Electronic Complaints Book shall be made available in a visible and prominent place on the TABLE8 website, without prejudice to direct recourse to the platform www.livroreclamacoes.pt.
2. Definitions
2.1 “Platform” or “TABLE8” means the set of SaaS functionalities made available by Guagee for digital menus, QR code ordering, order management, room service operations, integrations and related functionalities.
2.2 “Client” means the legal person, sole trader or other professional entity operating the participating establishment that subscribes to or uses TABLE8.
2.3 “Establishment” means the hotel, restaurant, bar, pool bar, accommodation unit, room service or other point of sale operated by the Client.
2.4 “End User” means the consumer, guest, customer or third party who views menus, places orders, requests services or interacts with interfaces made available by the Client through TABLE8.
2.5 “Third-Party Services” means any services, software, APIs, payment gateways, POS, PMS, ERP, invoicing software, cloud services, messaging services, communications and other external systems integrated with, compatible with or related to TABLE8.
2.6 “Digital Acceptance” means any electronic signature, checkbox, acceptance click, authentication, electronic confirmation, activation request or actual use of the Platform capable of demonstrating contractual acceptance.
3. Purpose and Scope of the Service
3.1 TABLE8 consists of technology infrastructure provided on a software as a service (SaaS) model, intended, among other purposes, for the digital display of menus, collection and routing of orders, operational organisation, provision of management interfaces, integration with external systems and automation of the Establishment’s digital workflows.
3.2 Unless otherwise agreed in writing, Guagee’s principal obligation is limited to making available the software, the functionalities active in the subscribed plan and the ancillary services expressly contracted in writing.
3.3 Any commercial description, demonstration, proposal, presentation, product documentation or sales communication is for information purposes only and does not constitute an autonomous warranty, SLA, obligation of result, promise of commercial performance or additional contractual commitment, unless incorporated in writing into a signed proposal, order, annex or addendum.
4. Provision on an “AS IS” Basis and Allocation of Risk
4.1 The Platform is provided on an “as is” and as available basis, to the fullest extent permitted by law, without implied warranties of fitness for a particular purpose, merchantability, continuous availability, profitability, absence of errors or universal compatibility with any local infrastructure of the Client.
4.2 The Client acknowledges that it has independently assessed the commercial and operational suitability of TABLE8 for its business and assumes the business risk arising from its use, without prejudice to the obligations expressly assumed in writing by Guagee and to the mandatory legal provisions applicable.
4.3 Acceptance of this clause constitutes an essential element of the contract’s economic balance.
5. Legal Nature and Positioning of Guagee
5.1 Guagee acts exclusively as a technology provider and does not, under any circumstances, act as the merchant of the goods or services made available by the Client, a food business operator, hotel services provider, tour operator, distributor, courier, warehouse keeper, attorney, commission agent, agent, financial intermediary, payment institution, collection entity in its own name or merchant of record.
5.2 The provision of TABLE8 does not create between Guagee and the Client any partnership, association, agency, mandate, commission, joint venture, franchise, employment relationship, commercial representation or corporate partnership.
5.3 The Client acknowledges and accepts that Guagee does not have possession, custody, safekeeping, preparation, delivery, storage, physical provision, on-site performance or physical control of the goods and services marketed by the Establishment.
5.4 Guagee does not act in the name of, on behalf of or as representative of the Client before the End User, except under a written, specific and express mandate for a defined purpose.
6. Eligibility, Enrolment and Authority to Bind
6.1 Enrolment in TABLE8 may only be carried out by persons having legal capacity to contract and sufficient authority to bind the Client.
6.2 By joining the Platform, the Client declares and warrants that it lawfully carries on its activity, possesses the authorisations, registrations, insurance, licences and titles legally required, and complies with commercial, tax, labour, sanitary, food, consumer protection, data protection and all other rules applicable to its sector.
6.3 Guagee may request, at any time, additional documentation or information for verification, compliance, fraud prevention, risk control, proof of ownership of the payment account, proof of operation of the Establishment or confirmation of powers of representation.
6.4 Failure to cooperate, provision of incomplete information or failure to timely provide the requested documentation entitles Guagee to suspend, limit, refuse or refrain from activating the service, without this constituting a contractual breach by Guagee.
6.5 Guagee further reserves the right to refuse enrolments or activations whenever, according to a reasonable assessment of risk, compliance or reputation, the contractual relationship appears inadvisable.
7. Contractual Structure and Separation vis-à-vis the End User
7.1 Any contract for the sale and purchase, provision of meals, beverages, room service, extras, supplements, bookings, fees or other services of the Establishment is concluded exclusively between the End User and the Client.
7.2 Guagee is not a party to such contracts, does not assume the position of seller or of the Client’s agent before the End User, nor does it guarantee performance of the material obligations assumed by the Establishment.
7.3 The Client is solely responsible for defining its commercial offer, accepting or rejecting orders, managing stock unavailability, providing pre-contractual information, issuing tax documents, processing refunds, responding to complaints, ensuring deliveries and complying with legal obligations towards the consumer.
7.4 All pre-contractual, commercial and legally required information to the consumer is the Client’s sole responsibility.
7.5 Any dispute relating to the quality, quantity, price, safety, punctuality, performance, invoicing, refund, lawfulness, conformity or delivery of the Establishment’s product or service shall be resolved between the Client and the End User, save to the extent strictly imposed by mandatory law on Guagee.
8. Account, Access, Misuse and Credential Security
8.1 The Client is responsible for all access rights, permissions, profiles, sub-accounts, credentials and levels of authorisation assigned to its administrators, employees, service providers or authorised third parties.
8.2 The Client shall ensure the confidentiality of access credentials and implement adequate internal measures to prevent misuse, unauthorised access, internal fraud, tampering with content, social engineering, improper extraction of information or abusive exploitation of the Platform.
8.3 Whenever available, the Client shall adopt strong authentication, adequate segregation of profiles, periodic review of permissions and immediate revocation of access for former staff or unauthorised third parties.
8.4 Unless there is sufficient evidence of a failure attributable exclusively to Guagee, any action carried out through the Client’s account shall be presumed to have been carried out on the Client’s behalf, by its order and under its responsibility.
8.5 Use of TABLE8 for unlawful, fraudulent, abusive, competitive, scraping, unauthorised security testing, unauthorised resale, intellectual property infringement, model training or any manner capable of causing technical, legal, economic or reputational harm to Guagee, the Client or third parties is prohibited.
8.6 The Client undertakes to notify Guagee immediately of any suspicion of compromised credentials, abusive use, improper access or security incident relating to its account.
9. Audit, Verification and Cooperation
9.1 Guagee may, at any reasonable time, request clarifications, documents, configuration samples, compliance materials or operational confirmations necessary to verify the contractual, technical, regulatory or reputational compliance of the use of the Platform.
9.2 The Client undertakes to cooperate in good faith with such requests within a reasonable period, making available the strictly necessary information.
9.3 Unjustified refusal, obstruction, provision of false information or relevant omission may justify preventive suspension, limitation of functionalities or termination of the contract.
10. Payments, Stripe and Other Financial Service Providers
10.1 Whenever TABLE8 supports electronic payments, the Stripe account or the account with any other payment service provider shall belong exclusively and directly to the Client, the Establishment or the entity that lawfully operates the relevant point of sale.
10.2 Guagee does not receive, process, settle, hold, move, intermediate, custody or administer funds of the End User or the Client, and does not act as a payment institution, e-money distributor, collection agent, financial intermediary or final beneficiary of payments relating to the Establishment’s goods or services.
10.3 All contractual relationships relating to the opening, verification, maintenance and use of the payment account are established directly between the Client and the relevant financial service provider, and the Client is solely responsible for compliance with KYC, AML, tax, regulatory, documentary and operational requirements.
10.4 Guagee is not responsible for payment refusals, reserves, holds, settlement delays, chargebacks, reversals, disputes, fraud, account blocks, account closures, enhanced verification, freezing of funds, API unavailability or any measures applied by payment providers.
10.5 Fees, charges, banking costs or expenses charged by Stripe or by other financial providers are the Client’s sole responsibility, unless expressly agreed otherwise in writing.
10.6 The Client may not identify Guagee as the merchant of record, the collecting entity, the final beneficiary of payments or the issuer of tax documents relating to the Establishment’s goods or services.
11. Content, Menus, Prices, Taxes and Commercial Information
11.1 The Client is solely and exclusively responsible for all content published, uploaded, synchronised, processed or made available through TABLE8, including menus, descriptions, images, third-party brands, prices, surcharges, availability, promotions, opening hours, commercial policy and all other information displayed to the End User.
11.2 The Client warrants that all information made available is truthful, complete, up to date, lawful and compliant with applicable law, particularly in matters of advertising, commercial practices, prices, discounts, VAT, invoicing, intellectual property and consumer protection.
11.3 The Client warrants that it holds all necessary rights over the content uploaded to the Platform and grants Guagee a technical, non-exclusive licence limited to what is necessary to host, process, synchronise, transmit and display such content in the context of providing the service.
11.4 Guagee has no general duty to monitor, validate editorially, conduct legal review or materially verify content uploaded by the Client, but may remove, hide, suspend or refuse content whenever it considers that there is a legal, reputational, technical, security or Terms violation risk.
11.5 The publication, hosting or synchronisation of content through the Platform does not constitute approval, certification, legal validation, audit or guarantee by Guagee.
12. Food Liability, Product Safety and the Client’s Operational Obligations
12.1 All responsibility related to the cooking, preparation, preservation, labelling, temperature, internal transport, presentation, safety, hygiene, wholesomeness and fitness of food and beverages rests exclusively with the Client.
12.2 The Client is likewise solely responsible for compliance with rules relating to HACCP, allergens, ingredients, cross-contamination, traceability, mandatory food information, alcoholic beverages where applicable, expiry dates, health legislation and guidance from the competent authorities.
12.3 Guagee is not liable for food poisoning, allergic reactions, omissions of information, cooking errors, service errors, stock failures, incorrect deliveries, contamination, product defects or any losses arising from the operational activity of the Establishment.
12.4 The Client undertakes to maintain adequate internal processes for order management, communication of unavailability, operational confirmation, complaint handling and assistance to the End User.
13. Invoicing, Refunds, Chargebacks and Consumer Relations
13.1 Invoicing for the goods and services sold by the Establishment is the Client’s sole responsibility, including the issue of invoices, receipts, credit notes, tax corrections and all other legally required documents.
13.2 The Client is solely responsible for cancellation, refund, return, replacement and compensation policies, the handling of chargebacks, dispute management, responses to consumer requests and compliance with the respective legal deadlines.
13.3 Any complaint submitted by End Users relating to goods, services, prices, charges, quality, delays, non-conformity, room service, internal deliveries or customer service shall be dealt with directly by the Client.
13.4 The possible provision by Guagee of technical support tools, routing of communications or support automation for operational purposes does not imply assumption of substantive responsibility towards the End User.
13.5 Guagee does not guarantee the certification, tax compliance or legal updating of any third-party invoicing software integrated with the Platform.
14. Third-Party Services and Integrations
14.1 TABLE8 may interoperate with Third-Party Services, including Stripe, PMS, POS, ERP, invoicing software, transactional email, SMS, WhatsApp, cloud hosting, gateways, APIs, authentication services or other external solutions.
14.2 Guagee does not guarantee the continuity, availability, permanent compatibility, latency, accuracy of data, security, commercial policy, continued maintenance of functionalities, economic conditions or regulatory compliance of such Third-Party Services.
14.3 Changes, unavailability, limitations, updates, price changes, changes to technical documentation, discontinuation of services or breaches attributable to third parties do not constitute a breach by Guagee and do not entitle the Client to compensation, save in the case of wilful misconduct or gross negligence directly proven against Guagee.
14.4 The Client acknowledges that integrations frequently depend on credentials, APIs, permissions, software versions, infrastructure and third-party cooperation, so Guagee does not ensure immediate, continuous or universal integration with any external system.
14.5 Guagee may suspend, limit or discontinue third-party integrations for technical, commercial, legal or security reasons, without this constituting a contractual breach.
15. Availability, Support, Maintenance, Backups and Absence of Critical Dependence
15.1 Guagee shall use commercially reasonable efforts to make the Platform continuously available, without guaranteeing uninterrupted operation, absence of errors, specific response times or absolute availability.
15.2 The Client acknowledges that interruptions, temporary degradations, maintenance windows, updates, fixes, restarts, security incidents, infrastructure failures or third-party supplier limitations may occur.
15.3 Unless there is a written agreement for a dedicated SLA, Guagee does not assume guaranteed minimum uptime levels, maximum resolution times, service credits, compensation for unavailability or compensation for operational losses.
15.4 TABLE8 is a tool for operational support and optimisation, and the full continuity of the Client’s activity should not depend exclusively on the Platform; the Client undertakes to maintain reasonable alternative internal procedures for operational contingencies.
15.5 Unless otherwise stipulated in writing, Guagee does not guarantee dedicated backups, indefinite retention, granular recovery on request or individualised restoration of data beyond such general technical processes as it may decide to maintain for operational, security or service continuity purposes.
15.6 Any backups or technical copies that may be maintained by Guagee are intended exclusively for the general continuity of the service and do not replace the Client’s obligation to keep its own records, exports and safeguards.
15.7 Guagee may carry out preventive, corrective, evolutionary or security maintenance interventions, with or without prior notice, whenever this proves necessary for the protection of the service, the data, the infrastructure or third parties.
16. Personal Data Protection and GDPR
16.1 To the extent that Guagee processes personal data on behalf of the Client, it shall generally act as a processor, with the Client acting as the controller in relation to the personal data of End Users, employees, guests, suppliers or other data subjects whose data are processed in the context of the Establishment’s activity.
16.2 The Client is responsible for ensuring a valid legal basis for the processing of personal data, providing the information legally required to data subjects, obtaining consents where required, responding to requests for the exercise of rights and complying with the other obligations arising from Regulation (EU) 2016/679 and applicable supplementary legislation.
16.3 The Client warrants that it will only enter into the Platform data that are strictly necessary and lawfully collected, refraining from processing special categories of personal data without an adequate legal basis and appropriate safeguards.
16.4 Guagee shall adopt reasonable technical and organisational measures proportionate to the nature of the service, without guaranteeing absolute security, total inviolability or the elimination of all technological risks.
16.5 Before processing in production, the parties shall enter into a separate data processing agreement whenever this is legally or contractually necessary, and that instrument shall prevail, in matters of data protection, over the generic provisions of these Terms.
17. Information Security
17.1 Guagee shall seek to implement technical, logical and organisational measures appropriate to protect the Platform and the information processed therein, including access controls, internal procedures and monitoring measures compatible with the nature of the service.
17.2 The Client acknowledges that no technological system is wholly immune to failures, intrusions, malware, social engineering, unauthorised access, third-party vulnerabilities, communications outages, data corruption or cybersecurity events.
17.3 The Client is responsible for the security of its own devices, internal networks, workstations, passwords, local systems and integrations under its sphere of control, and may not attribute to Guagee incidents resulting from the Client’s internal failures or those of third parties engaged by it.
17.4 Unless expressly agreed otherwise in writing, Guagee does not guarantee specific certifications, periodic external audits or enterprise requirements not individually contracted.
18. Intellectual Property, Licence and Use Restrictions
18.1 All intellectual property rights relating to TABLE8, including software, source code, object code, architecture, interface, design, databases, documentation, trade marks, trade names, know-how, institutional content and associated developments, belong exclusively and entirely to Guagee or its licensors.
18.2 Subscription to the Platform grants the Client only a limited, non-exclusive, non-sublicensable, non-transferable and revocable right to use the contracted functionalities during the term of the contract and for the normal purposes of its activity.
18.3 The Client is expressly prohibited, unless authorised in writing by Guagee, from copying, reproducing, modifying, translating, decompiling, disassembling, reverse engineering, creating derivative works, removing proprietary notices, circumventing technical measures, reselling the service on an unauthorised white-label basis, sublicensing, commercially exploiting the Platform outside the contractually permitted scope, carrying out scraping or competitive benchmarking, or using the Platform for model training or functional replication.
18.4 The Client retains ownership of its own content, without prejudice to granting Guagee the technical permissions necessary for the hosting, processing, transmission, display and execution thereof for the purposes of providing the service.
19. Confidentiality
19.1 The Client undertakes to keep strictly confidential all technical, commercial, financial, operational, strategic or contractual information of Guagee to which it has access in the context of the contractual relationship and which is not public through lawful means.
19.2 Confidential information shall include, among other things, prices, proposals, non-public commercial conditions, product roadmaps, internal documentation, technical architecture, specifications, metrics, credentials, know-how and any information marked or reasonably understood as confidential.
19.3 The duty of confidentiality shall remain in force during the term of the contract and for a minimum period of five years after its termination, without prejudice to a longer period arising from the nature of the information or applicable law.
19.4 Use of Guagee’s information for unfair benchmarking, product replication, reverse commercial engineering or improper solicitation of partners, suppliers, subcontractors or customers is prohibited.
19.5 In the event of a breach of confidentiality, Guagee may resort to appropriate legal remedies, including interim relief, without prejudice to its right to full compensation.
20. Indemnification and Recourse Liability of the Client
20.1 The Client undertakes to defend, indemnify and hold Guagee, its managers, employees, collaborators, subcontractors and representatives fully harmless from and against any claims, actions, fines, sanctions, losses, costs, expenses, damages, interest and reasonable legal fees arising, directly or indirectly, from the Establishment’s activity, breach of applicable law by the Client, breach of these Terms, the Client’s content, prices, commercial or advertising practices, food, health, tax, labour or consumer matters, disputes with End Users or misuse of the Platform or Third-Party Services.
20.2 This indemnification obligation includes, in particular, claims based on alleged product liability, allergens, misleading information, improper charging, contractual breach, infringement of intellectual property, data protection or regulatory breaches attributable to the Client.
20.3 Whenever Guagee’s interests are directly at stake, Guagee may assume or coordinate the defence strategy, settlement or conduct of proceedings, and the Client shall cooperate fully and bear the attributable costs within the limits permitted by law.
21. Exclusion and Limitation of Guagee’s Liability
21.1 To the fullest extent permitted by law, Guagee shall not be liable for any indirect, special, incidental, punitive, consequential or reflective losses, including loss of profits, loss of revenue, loss of clientèle, reputational loss, loss of opportunity, data loss, replacement costs, business interruption or losses resulting from temporary unavailability of the service.
21.2 Guagee is not liable, in particular, for operational failures of the Establishment, human errors by the Client, stock unavailability, cooking failures, service delays, pricing errors, omissions regarding allergens, intoxications, incorrect deliveries, tax non-compliance, invoicing failures, chargebacks, fraud, acts of third parties, failures of internet, power, local hardware, PMS, POS, Stripe or other external providers.
21.3 If, notwithstanding the provisions of the preceding paragraphs, liability of Guagee is judicially recognised, Guagee’s total and aggregate liability towards the Client for any losses arising out of or related to the use of the TABLE8 platform, even if resulting from multiple events, claims or causes of action, regardless of the legal nature of the claim, shall be limited to the lesser of the following amounts:
(a) the total amount effectively paid by the Client to Guagee in the 6 (six) months immediately preceding the event giving rise to liability; or
(b) the following maximum caps, depending on the contracted plan:
i. 3★ Plan: EUR 600.00
ii. 4★ Plan: EUR 1,200.00
iii. 5★ Plan: EUR 1,800.00
21.4 The limitation set out in the preceding paragraph applies globally to all claims, whether contractual or non-contractual, except in cases where the law prohibits limitation of liability for directly proven wilful misconduct or gross negligence.
21.5 The Client acknowledges that the price of the service was defined taking into account the risk allocation established in these Terms and that this clause constitutes an essential element of the contractual balance.
22. Suspension, Preventive Blocking and Termination
22.1 Guagee may, at any time and without the need for a prior court decision, suspend in whole or in part access to the Platform, block functionalities, restrict integrations, remove content or terminate the contract with immediate effect whenever, among other situations, one of the following occurs: breach of these Terms; non-payment; suspicion of fraud, unlawful activity or abuse of the Platform; security risk, regulatory risk or reputational risk; serious and repeated complaints; use of the Platform in breach of the law or third-party rights; failure to cooperate in verification, audit or compliance processes; or need to comply with a legal obligation, authority order or requirement of a critical supplier.
22.2 Whenever circumstances permit, Guagee shall seek to communicate the measure adopted and, where appropriate, grant a reasonable period to remedy the situation, without this constituting an obligation.
22.3 Suspension or termination under this clause does not entitle the Client to compensation, damages, proportional refund or continued access, without prejudice to any mandatory legal provision to the contrary.
22.4 Guagee reserves the right to preserve logs, technical evidence and backup copies strictly necessary for the defence of its rights, legal compliance and incident management.
23. Term, Minimum Commitment, Renewal and Termination
23.1 Unless a different commercial arrangement is provided in a proposal, order, addendum or specific plan, the contract shall remain in force for an initial minimum period of 12 months from the date of commercial activation of the service.
23.2 Upon expiry of the initial period, the subscription shall automatically renew for successive equivalent periods, unless either party objects in writing with at least 30 days’ notice prior to the end of the current period, without prejudice to any specific commercial rules validly agreed in writing.
23.3 Termination of the contract, for any reason, does not affect accrued rights, amounts due, confidentiality clauses, intellectual property, limitation of liability, indemnification, electronic evidence, jurisdiction and any other provisions that, by their nature, should survive.
24. Effects of Termination and Data
24.1 After termination of the contract, Guagee may deactivate access, remove functionalities and commence its internal processes for retention, deletion, anonymisation or technical archiving of data, in accordance with its internal policy, legal obligations and technically reasonable time limits.
24.2 Unless there is a specific contracted service for export, migration or exit assistance, Guagee is not obliged to maintain the Client’s data indefinitely or to ensure bespoke portability formats.
24.3 Before the end of the contractual relationship, the Client must carry out the extractions and safeguards of the data and content it wishes to keep, and is responsible for the continuity of its own operational, commercial and tax records.
24.4 Guagee may retain logs, technical metadata and evidence strictly necessary for the applicable legal period or for the period reasonably necessary to defend its rights.
25. Electronic Evidence
25.1 The parties acknowledge the full legal validity of electronic records, system logs, audit trails, timestamps, acknowledgements of acceptance, authentications, electronic communications, support tickets and all other digital evidence produced in the context of the use of TABLE8.
25.2 Such elements may be used as means of evidence in any judicial, arbitration or administrative proceedings, unless manifest error or proven tampering is shown.
25.3 Digital acceptance, including checkbox, confirmation click, authentication, activation request or electronic signature, produces the legally admissible effects as evidence of contractual commitment.
26. Force Majeure
26.1 Guagee shall not be responsible for delays, failures, unavailability, service degradation or non-performance resulting from circumstances beyond its reasonable control, including failures of power, telecommunications, internet, data centres, DNS, registrars, app stores, fire, flood, earthquake, war, sabotage, widespread cyberattacks, pandemics, strikes, governmental acts, regulatory blocks, unavailability of strategic suppliers or comparable events.
26.2 Where a force majeure event occurs, Guagee may suspend the affected obligations for the period reasonably necessary to restore normal conditions, without any resulting right to compensation.
27. Communications
27.1 All contractual communications from Guagee to the Client may be made by email, administrative panel of the Platform, in-app notifications, client portal or other appropriate digital means.
27.2 The Client undertakes to keep its contact details up to date and shall be deemed validly notified when the communication is sent to the contacts it has provided or made available in a restricted area of the Platform.
27.3 Unless proven otherwise, email communications shall be presumed received on the business day following their dispatch and communications made available in a restricted area shall take effect upon such availability.
27.4 Operational, technical, maintenance, security or billing notices may be communicated by simplified means and take effect from the time they are made available.
27.5 The Client may likewise communicate contractual, operational or compliance matters through the official channels disclosed on the TABLE8 website, without prejudice to the use of the Electronic Complaints Book as legally applicable.
28. Amendments to the Terms and Prices
28.1 Guagee may amend these Terms and, where contractually permissible, review prices, plans, modules, add-ons or commercial conditions whenever this proves necessary for legal, regulatory, technical, security, commercial or operational reasons.
28.2 Materially relevant changes shall, whenever possible, be communicated at least 15 days in advance, except in cases of legal, regulatory or security urgency.
28.3 Changes enter into force on the date indicated in the updated version or in the applicable communication, and continued use of the Platform after that date may count as acceptance of the new conditions, without prejudice to the Client’s mandatory rights where applicable.
28.4 If the Client does not agree with materially relevant changes which the law or the contract allows it to refuse, it shall cease using the service and communicate its non-acceptance before the effective date of the new version.
29. Governing Law, Jurisdiction and Dispute Resolution
29.1 These Terms are governed by Portuguese law.
29.2 The courts of the district of Funchal shall have jurisdiction to resolve any disputes arising from the interpretation, validity, performance or termination of these Terms, with express waiver of any other jurisdiction, without prejudice to the mandatory rules of jurisdiction legally applicable.
29.3 In view of the predominantly B2B nature of TABLE8, Guagee does not, as a rule, contract with end consumers within the main scope of the service. Notwithstanding this, whenever the law imposes information duties regarding alternative consumer dispute resolution in respect of services provided directly by Guagee to consumers, Guagee shall make available on its website the identification of the competent ADR entity and its electronic address. In flows where the Client is the supplier towards the End User, it is for the Client to ensure the corresponding duties of information and compliance towards the consumer.
30. Final Provisions
30.1 The possible nullity, voidability or ineffectiveness of any provision of these Terms does not affect the validity of the remaining provisions, and the affected provision shall, as far as possible, be replaced by another valid provision producing an equivalent economic and legal effect.
30.2 Failure by Guagee to exercise any right or faculty provided for in these Terms does not constitute waiver, novation or tacit acceptance of breach.
30.3 The version of these Terms made available on the website constitutes the reference version for public consultation, without prejudice to commercial proposals, annexes, data processing agreements, special conditions or written addenda that prevail in specific matters.
30.4 The Client acknowledges that these Terms must, where applicable, be read together with the Privacy Policy, Cookie Policy, Data Processing Agreement and supplementary commercial or technical documentation adopted by Guagee.
