SERVICE CONTRACT


Between:
Medinfotec, Action Ltd, with address at Rua Eng. Cipriano Calleya, n.º12A, Portalegre, registered at the Commercial Registry of Portalegre with fiscal number PT508090113, hereinafter referred to as "WILDSMILE"
and
The person or entity duly identified in the Application Form, which, after full and duly completed, is considered an integral part of this contract, hereinafter referred to as "MEMBER".
THIS AGREEMENT IS CELEBRATED FREELY AND IN GOOD FAITH BETWEEN BOTH PARTIES, BEING RULED BY THE FOLLOWING TERMS:

1. PURPOSE

1.1. By this agreement, WILDSMILE allows the MEMBER access to a range of health services as well as a range of benefits provided by partners of WILDSMILE, that are identified and in the " Clinical Directory " available to the MEMBER through the sites being used for WILDSMILE, including wildsmile.com, which is considered an integral part of this contract.
1.2. Among the set of health services and benefits available to the MEMBER, the active Plan allows access to a network of Private Dental Medicine at agreed prices or discounts as well as some medical acts without cost. The advantages and current discounts are those that become available at every point in time at WILDSMILE site and may vary from provider to provider and for the same service in the course of time.
1.3. WILDSMILE does not ensure the accreditation, technical and legal capacity of all its employees, partners and other entities listed in "Clinical Directory" that are part of its network of private practice, including hospitals, doctors, nurses, clinics and other henceforth called "SERVICE PROVIDERS", leaving this responsibility given to the service provider who joined WILDSMILE accredited network, and there is thus no relationship of hierarchical subordination, functional legal or other content between them and WILDSMILE. To that extent, WILDSMILE is unaware of any dispute or litigation between the MEMBER and the resulting SERVICE PROVIDERS of services or benefits provided by SERVICE PROVIDERS pursuant to this contract and does not assume liability for any damages resulting thereof.
1.4. The "Clinical Directory" may at any time be subject to modification by WILDSMILE, with regard in particular to the SERVICE PROVIDERS members of its network of private medicine, the nature, price and / or location of services and benefits provided under this agreement. Any change to the Clinical Directory will go online and can be accessed through the sites being used for WILDSMILE, including wildsmile.com.
1.5. For access beyond the MEMBER, also persons that make up MEMBER’s household, composed of the spouse or person living with him for partners and a maximum of six (6) direct descendants or adoptions in fact, ascendants or other family, living in the same household at the same address the MEMBER and which are duly identified in the Application form, may benefit from the services referred in 1.1. above. In the case of the MEMBER being a company employees and their dependents / grandparents of this company, identified in the adhesion proposal, are considered the respective household.
1.6. If the MEMBER would change his address shall inform WILDSMILE by email to support@wildsmile.com or online at wildsmile.com.
1.7. By signing the application form or filling online the application form, which form an integral part of this contract, the MEMBER is responsible for the veracity and authenticity of all information provided, under penalty of immediate termination of all contractual effects and without prejudice to the compensation of duties and other responsibilities resulting from the law or the contract.

2. EXCLUSIONS

These medical services are not a health insurance. The following services and benefits are excluded from the scope of this contract:
a) any home-based medical services on a permanent and continuous; and
b) All other services and / or benefits that are not included in the "Clinical Directory" neither clearly identified in wildsmile.com.

3. USE OF THE SERVICES

3.1. For the use of the services provided in 1.1. and 1.2. above, WILDSMILE will deliver the MEMBER a card "WILDSMILE Card" in physical or electronic format, whose presentation within the validity period, together with other official identification card with photo, is essential for access the benefits or use of any of these services. Additionally will deliver to each MEMBER an access code to WILDSMILE system where the MEMBER and each beneficiary may consult your data and subscribed services.
3.2. SERVICE PROVIDERS may ask WILDSMILE additional data regarding the validity or eligibility card.
3.3. The MEMBER is responsible for the proper use of services and benefits as well as "WILDSMILE Card", which is not a transferable document.
3.4. In case of loss or theft of the card, the MEMBER shall proceed immediately to its cancellation, through WILDSMILE online system at wildsmile.com or by email addressed to support@wildsmile.com.
3.5. In the case of cancellation of the card by email or phone, as referred to in the preceding clause, the request for cancellation must be confirmed by the MEMBER in writing to WILDSMILE at wildsmile.com or by email within 48 (forty-eight ) hours.
3.6. The MEMBER is solely responsible for the payment of sums that are due to SERVICE PROVIDERS laid down in the "Clinical Directory", being excluded sharing these costs by the WILDSMILE.
3.7. In case of misuse of the services by the MEMBER or any member of your household, WILDSMILE reserves the right to suspend the provision of services and access to benefits subject of this contract.

4. DURATION

4.1. This contract is valid for the contracted period in the application form, automatically renewable for equal and successive periods, unless otherwise of either party, upon notice made within fifteen (15) days before the date of termination of the contract or any renewals thereof, in accordance with the procedure referred to in clauses 3.4 and 3.5. To this end, the MEMBER must also indicate the number and the expiration date of his "WILDSMILE Card" and proceed to return it if it has the physical format.
4.2. The request for cancellation / non-renewal does not confer any right to the MEMBER reversal, compensation or exemption from ongoing payment.

5. PRICE

5.1. The provision of the services provided, the MEMBER will pay WILDSMILE a value according to the selected plan, payment schedule and method selected in the application form.
5.2. The monthly, quarterly and bi-annual payment will be made by bank direct debit to the account that the MEMBER indicate in the Application Form or by debiting the given credit card or by other means of collection that WILDSMILE use.
5.3. The issuing of "WILDSMILE Card" or the contract renewal will only be made upon full receipt of the amounts due.
5.4. The amounts owed by the MEMBER to SERVICE PROVIDERS laid down in the "Clinical Directory" are not included in the amounts due or paid pursuant to this contract and applies the provisions of clause 3.6. above.

6. PERSONAL DATA

6.1. MEMBER personal data will be processed in accordance with the law in force.
6.2. WILDSMILE, pursuant to Exemption 3/99 of the CNPD can process MEMBER data without having to notify the CNPD or require permit.
6.3. For the purposes of the preceding paragraph, WILDSMILE does not require consent of the MEMBER (holder of personal data), but if WILDSMILE wants to process the personal MEMBER’s data for marketing or mailing express consent of the holder (MEMBER) must be obtained and notify the CNPD for this purpose.

7.BREACH

7.1. Any failure to pay by the MEMBER gives the right to immediate suspension of all contractual obligations assumed herein by WILDSMILE, continuing, however, the MEMBER obliged to pay the entire agreed amount and interest that are owed by law.
7.2. In the event of late payment of any provision for equal periods longer than 3 (three) months, the contract shall be considered automatically and fully terminated, maturing immediately all remaining installments, being the MEMBER obliged to pay these to reach the total amount of the annuity agreed in this contract, or in their renewals, plus interest of legal residence, as compensation for lost earnings. WILDSMILE is free to provide other suitable plan to MEMBER according to the situation in the event of default or arising from their commercial and marketing activities.
7.3. In all other cases of non-compliance by the MEMBER of its obligations under this contract, including the case referred to in clause 3.7. above, it will be responsible for all damages caused to WILDSMILE and WILDSMILE can terminate the contract once after 15 (fifteen) days after notification of the MEMBER to make the healing of the situation or event of default.

8. TERRITORIAL SCOPE

The parties recognize, for all intents and purposes, the territorial scope of this contract is limited to the number and location of SERVICE PROVIDERS provided by WILDSMILE at wildsmile.com.

9. FREE RESOLUTION

9.1. The MEMBER shall have a period of fourteen (14) days after signing or subscribing this contract to exercise the right of withdrawal, under Article 6 of Decree-Law No. 143/2001 of April 26 through a written communication to WILDSMILE, unless services have already been provided regarding clause 1.1.
9.2. In the case of exercise of the right referred above, the values paid by the MEMBER to WILDSMILE under this contract shall be returned by the latter, no later than thirty (30) days from the date of receipt of the request of withdrawal.

10.TRANSFER OF RIGHTS AND OBLIGATIONS

10.1. WILDSMILE may assign, wholly or partly free or against payment, rights and obligations that emerge from this contract without prior analysis and without any prior consent of the MEMBER;
10.2. The MEMBER expressly provides WILDSMILE the right to transfer or assign, in any conditions, in whole or in part, the rights granted to him by this agreement to any entity, provided that the said assignment, keep intact the position of the MEMBER arising from this contract.

11. AMENDMENTS TO THIS AGREEMENT

11.1. WILDSMILE reserves the right to make changes to this document in order to optimize your text and / or adapt to market developments by giving prior knowledge and written the MEMBER, with a minimum of 15 days to the date where such changes take effect.

12. LEGAL FORUM

To resolve any issues or disputes concerning the interpretation, performance or validity of this agreement, the parties elect as the competent court of the District of Portalegre in Portugal, with the express exclusion of any other, which is governed solely and exclusively by Portuguese law.

In case of any doubt the Portuguese version of this document will prevail among any other. In case of any legal dispute only the Portuguese jurisdiction at Portalegre Law-Court and Portuguese law are accepted, with explicit refusal to any other law,