TERMS AND CONDITIONS OF USE OF THE WEBSITE AND THE WICCE APPLICATION
WATER INFRASTRUCTURES CONSTRUCTION COSTS ESTIMATOR
The use of the https://wicce.adp.pt/en website and the WICCE online application is provided by AdP VALOR - Serviços Ambientais, S.A. with registered office at Rua Visconde de Seabra Nº 3, 1700-421 Lisboa, Portugal, registered with the Lisbon Commercial Registry Office under the single registration and VAT number 505296950, with a share capital of EUR 50,000.00 (fifty thousand euros), hereinafter referred to as AdP VALOR.
In these terms and conditions, and unless the context gives rise to a contrary interpretation, the references:
- “AdP VALOR” is the licensing entity of the WICCE® application;
- The "licensee" refers to the entity, legal person, which contracts the license to use the WICCE® application;
- The "user" refers to natural persons specifically authorized by the licensee, and approved by AdP VALOR, to use the WICCE® application.
Object and Scope
By using the website or the application, the User fully accepts these terms and conditions, and undertakes to use the application in good faith and in an appropriate manner, as well as the contents provided on the website, and not to use them to carry out illegal activities or activities that may cause harm to third parties.
Acceptance is essential for access to and use of the WICCE® website and application. If you do not agree to them, you will not be eligible to use the WICCE® website or the WICCE® application.
These terms and conditions may at any time be modified by AdP VALOR. Whenever substantial changes are made, the User will be advised and asked to read and accept the terms and conditions again.
The WICCE® website and application consists in making available an online tool, exclusive to accredited Users, for non-commercial purposes, namely to calculate estimates of the investment value in infrastructures, in the context of five types of application: water supply; wastewater sanitation; treated wastewater reuse; sludge treatment; energy production; and irrigation, in two separate contexts - new constructions and rehabilitation of infrastructures.
The WICCE® application will be available for online use, and it will not be installed on the User's equipment and access to it will depend on the creation of a registered User, who must be duly authorised by AdP VALOR.
The Service provided by AdP VALOR consists of providing a user license to the licensee, which allows access to an online tool, reserved for accredited users, intended for calculating estimates of the value of investment in infrastructures, in the context of five types of application: Water supply; Wastewater and stormwater management; Wastewater reuse; Sludge treatment; Energy production; and Irrigation, in two different contexts, new construction and rehabilitation of infrastructures.
AdP VALOR grants the licensee a temporary, nominative, limited, non-transferable, non-exclusive and individual right of access to WICCE®.
The licensee will not allow the use of WICCE® by people who are not accredited users and is responsible for ensuring that users agree and comply with the terms and conditions set forth herein.
The licensee is responsible for the correct use of WICCE® by all its users.
The licensee must use the application only for its own purposes, not being authorized, directly or indirectly, namely through its consultants, contractors, representatives, affiliates or authorized users - unless established by specific agreement between AdP VALOR and the licensee - a (i) license, sublicense, sell, resell, rent, grant, distribute or any other form of assignment to third parties; (ii) attempt to use, print, copy, modify, translate and/or alter the WICCE®, in whole or in part; (iii) nor is it allowed to decompile or analyze the WICCE® by reverse engineering, as such actions constitute a violation of AdP VALOR's Intellectual Property.
The licensee is obliged to inform AdP VALOR of all situations in which it verifies that its employees or users have violated the provisions of these terms and conditions.
Moreover, the licensee is obliged to communicate to AdP VALOR, with the necessary speed, the identification of such employees or users with the indication that they must be removed from access to WICCE®.
Access to the functionalities of the application will require the creation of a user registration, whose acceptance will depend on validation by AdP VALOR.
After validation, the licensee will be assigned a user license according to the subscribed modality. Users associated with said license must indicate this when registering the user, which will be subsequently validated by AdP VALOR.
When registering, the User must provide complete and valid data, assuming exclusive responsibility for keeping them up to date, as well as being responsible for its complete accuracy.
User registration is personal, non-transferable, and cannot be used by anyone else.
Different types of service: Standard License and Academy License
Until 28 February 2023, the pre-commercial version of WICCE® is free and, during this period, is limited to a maximum number of 30 (thirty) simulations per user who does not belong to the companies belonging to the Grupo Águas de Portugal (cf. https://www.adp.pt/pt/).
As of 1 March 2023, access to the WICCE® application will have to be carried out by subscribing to a user license, with the option of opting for the License depending on the type of entity in which the licensee belongs:
- STANDARD LICENSE: for any legal person, with the exception of University Education Institutions;
- ACADEMY LICENSE: exclusive for University Education Institutions.
Price, Payment and Renewal Terms
As of 1 March 2023, the subscription to the WICCE® user license is paid.
In this sense, for current or new users, as of 1 March 2023, to use the WICCE® application, AdP VALOR has stipulated the price and respective payment conditions, which after good collection, will allow access by the licensee and its users to use the WICCE® application.
Thus, the following prices and conditions were stipulated:
AdP VALOR may unilaterally adjust, at any time, the respective price and payment terms.
If users are already registered in the pre-contractual version, they can trigger the subscription of the user license by registering on the website, or via email email@example.com. If they are new licensees or users, they can register using the form available in the “registration” button.
Subscribing to the service confirms acceptance of these terms and conditions.
From a perspective of implementing a collaborative model between AdP VALOR and its Clients, AdP VALOR intends that licensees and users share with the WICCE® application, Unit Price Lists (UPL's) with the aim of increasing the database from that application.
Thus, if, during the subscription year of the Standard user license, the licensee supplies a certain number of UPL's, it will benefit from a reduction in the renewal price of the Standard user license of the WICCE® application up to a maximum of 70% of subscription value.
For the purpose of applying the discount on the renewal price of the license to use the WICCE® application, the UPL’s must be eligible and, as such, must comply with the following requirements:
a) Refer to the construction of infrastructure in the water sector;
b) Complete a template previously made available to the licensee.
In the annual renewal, the eligible UPL’s delivered in the current subscription year will be counted and, if justified, the respective discount will be applied, in the following terms:
Delivery of up to 1 eligible UPL’s/year
Delivery of up to 2 eligible UPL’s/year
Delivery of up to 3 eligible UPL’s/year
Delivery of up to 4 eligible UPL’s/year
Delivery of up to 5 eligible UPL’s/year
Delivery of up to 6 eligible UPL’s/year
Delivery of up to 7 eligible UPL’s/year
Delivery of up to 8 eligible UPL’s/year
Delivery of up to 9 eligible UPL’s/year
Delivery of up to 10 eligible UPL’s/year
The accounting of eligible UPL’s will be based on the annual period of the user license, that is, if you subscribe on 1 March 2023, the UPL delivery accounting period will be calculated between 1 March 2023 and 29 February 2024 and the discount will apply to the renewal of the standard usage license for the following annual period.
If the licensee wishes to benefit from the advantages mentioned above, it must renew the license before its expiration date. For this purpose, the licensee receives an email from AdP VALOR informing that the benefits will expire within 30 (thirty) days. In order to plan and determine the cost of renewing the license to use the WICCE® application, the licensee must contact AdP VALOR, via email firstname.lastname@example.org and subsequently carry out the renewal and the respective payment, prior to the expiration of the user license.
The non-renewal of the license will imply its suspension and the loss of the benefit of price reduction in the renewal of the license to use the application, if applicable.
VAT at the legal rate in force is added to all amounts shown in these terms and conditions.
The User acknowledges that WICCE® uses a database developed and updated by AdP VALOR and that it is confidential. Thus, the data provided is for personal and non-commercial use, and there are limitations on the public disclosure of the results obtained with the use of the application.
Each party undertakes to protect the confidential information of the any other party, in the same way as it protects its own confidential information or other similar data.
If a party becomes legally obliged to disclose confidential information of the other party, it will immediately give the latter prior notice regarding said disclosure obligation (within the limits imposed by law) and will provide reasonable assistance, at the expense of the other party, if the latter wishes to prevent disclosure or to contest the disclosure obligation.
The software, texts, images, graphics, downloads, audios, videos and all other information together with the way it is graphically represented on the website and the application, are all subject to AdP VALOR's intellectual property rights, which include industrial property rights, copyrights and rights on computer software, unpatented technical information (trade secrets), as well as research materials resulting from research and development activities and all moral rights related to the WICCE® application.
AdP VALOR does not grant the User any licence or intellectual property rights other than the right to use the WICCE® application in accordance with these terms and conditions. This usage right includes the right of the User to access and use the application, as well as the right of the application to be used by the authorised User.
You do not have the right to reproduce any material for a purpose other than personal use.
Neither the website or the application, nor parts of it, may be copied, distributed, modified or displayed elsewhere without prior written permission from AdP VALOR.
AdP VALOR will provide user manuals and specific and appropriate documentation that will be available in the application itself. This documentation will describe the functionalities of the application in detail, which will allow the User to use the application in accordance with this agreement. AdP VALOR will update the manuals and documentation in due course, following changes made to the application and will notify users of the recommended changes.
The WICCE® website and application are to be used only by professionals in the environmental sector, familiar with the object of calculation performed by the application. AdP VALOR declines any liability for incorrect use of the application and/or incorrect reading/interpretation of the results obtained.
AdP VALOR disclaims any liability for errors that may occur due to system errors or failure (temporary or permanent) of the website and application. To the fullest extent possible under applicable law, AdP VALOR shall not be liable for any damages resulting from the use, or the impossibility of use, of the website and the application.
AdP VALOR is not responsible for losses arising from any computer viruses, network or internet supply problems, or any other situations beyond its control that prevent access to and the correct functioning of the website and the WICCE® application.
AdP VALOR undertakes that the WICCE® application, when made available to the licensee, is the latest officially released version of that application.
AdP VALOR does not guarantee that the functionalities contained in the WICCE® application satisfy all the licensee's performance requirements or that the WICCE® application will function in accordance with all the licensee's expectations.
The licensee is aware that the simulations carried out in the WICCE® application in different time periods may give different results, as a result of the fact that the WICCE® application database is constantly changing depending on the UPL’s that are provided by Licensees and Users. In this sense, AdP VALOR will not be responsible for differences that may exist in simulations performed on the same infrastructure at different times.
Before subscribing to the use license, the licensee became aware of its functionalities and performance and accepts responsibility for the selection of the WICCE® application, its use and the results obtained.
AdP VALOR will not be liable to the licensee or users for unforeseeable service interruptions or degradations, internet connection failures, deficiencies or instability of the systems of the providers of communications services or infrastructures.
Except as explicitly described in these terms and conditions, there are no express, implied or legal warranties or guarantees as to the quality, accuracy or adequacy of the information contained in the databases of the WICCE® application.
AdP VALOR does not guarantee the accuracy of the data contained in its databases and does not guarantee any type of guarantee of suitability of the WICCE® application for any purpose other than that stated in these terms and conditions.
This Agreement enters into force with AdP VALOR notifying the Licensee of the validation of the subscription to the use license.
AdP VALOR may terminate the User License of the WICCE® application at any time and with immediate effect, namely:
- in all situations of suspension provided for in these Terms and Conditions;
- whenever the licensee fails to notify AdP VALOR of the need to remove an employee or user's access to the WICCE® application;
- after any breach, by the licensee or any user, of any provision contained in these Terms and Conditions;
- when the licensee or user suspends, for whatever reason, its activity;
- when the licensee or user becomes subject to any bankruptcy, insolvency, reorganization, liquidation or other similar proceeding; or
- when there is any attempt to assign the User License by the licensee without prior written approval from AdP VALOR.
Termination of the contract
AdP VALOR may, at any time, withdraw or refuse access to the service, without prior notice, to users who make improper or fraudulent use of the service.
At any time, the User may cancel the use of the application, by communicating its express intention to cancel the registration to AdP VALOR, through any means of communication provided for in these terms and conditions.
After cancellation, AdP VALOR does not guarantee, in any case, that this situation can be reversed and that the User can redeem his registration.
We therefore suggest that the licensee and the users read this document carefully before registering in the application.
For clarification of any question related to these terms and conditions of use of the website and application, the User should contact AdP VALOR, at Rua Visconde de Seabra n.º 3, 1700-421 Lisboa or via email at email@example.com.
Right of withdrawal
Under the terms of Decree-Law No. 24/2014, of 14 February, applicable to contracts concluded at a distance, you have the right to freely terminate a new contract, without giving any reason, within 14 calendar days from the date of conclusion of the contract or receipt of the first revised contract. To terminate, all you have to do is communicate your decision to us. You can do so by letter, telephone or e-mail, to the following contacts:
Address: Rua Visconde de Seabra n.º 3, 1700-421 Lisboa.
Telephone: +351 212 469 530
Applicable law and dispute settlement
These Terms and Conditions of Use are subject to Portuguese law and have been drawn up in accordance with the General Data Protection Regulation and other applicable domestic legislation For the assessment of all issues arising from them, the courts of the Judicial Court of the District of Lisbon or the domicile of the User are established, with express waiver of any other.
Date of last revision: 28 February 2023