Website use terms
Website use terms
This document regulates the general terms and conditions of the WEBSITE WWW.MEIADUZIA.PT of JORGE FILIPE FERREIRA, UNIPESSOAL, LDA. ("JFF") -, commercial company with VAT. Nr. 510 195,776 and head office at Rua do Corgo, nr. 874, 2nd Dt., 4455-104, Matosinhos, Portugal.
1. GENERAL
1.1. By using the WEBSITE, whether through simple navigation or through the establishment of a commercial relationship with JFF, the User hereby acknowledges and accepts that is tied by the following Terms of Use, including the additional and specific Terms of Use that may take place, as well as the other policies present on the WEBSITE.
1.2. If you don’t intend to be tied to these Terms of Use, you should not access the WEBSITE as well as the associated features and services.
1.3. These Terms of Use are applied to all WEBSITE Users, including, without limitation, visitors, suppliers, customers and others nonspecifically identified.
1.4. By agreeing with these Terms of Use, the user declares that is of legal age to, in accordance with applicable law, provide consent and contractually bind with JFF. JFF reserves the right to refuse to provide the features and services of the WEBSITE to any person, by any reason, at any time.
1.5. The JFF may update, modify or replace any part of these Terms of Use and the policies associated to them, announcing in a proper place on the WEBSITE such modifications, being User's responsibility to periodically check for occurrence of any change.
1.6. The access to and continued use of the WEBSITE after the publication of any updates, modifications or substitutions to the Terms of Use and policies associated to them, with the exception of the privacy policy, constitutes an acceptance and agreement with such updates, modifications or substitutions.
2. ACCEPTANCE
2.1 The use of the WEBSITE and associated services depends on the acceptance of these Terms of Use, wherefore, if the User doesn’t accept these Terms of Use the user will not be able to use the WEBSITE and the associated services.
2.2 By accepting these Terms of Use, the user makes this acceptance on his behalf and / or the organization he / she represents and declares that he is of legal age to consent to and contractually bind with JFF and ensures that he / she has the necessary powers to carry out this acceptance.
3. ACCURACY AND INTEGRITY
3.1. Although JFF makes every efforts to keep Users' information updated and accurate, the Users accept and acknowledge that JFF can’t be held responsible for the accuracy and integrity of the information provided by the Users on the WEBSITE, which may those be inaccurate, incomplete or outdated.
4. USERS
4.1. By accepting these Terms of Use, the User declares that he / she has the capacity for its acceptance, being over 16 years old;
4.2. The violation of the preceding number constitutes immediate resolution of the present Terms of Use, without prejudice to any compensation that may be incurred in favor of JFF due to potential damages or losses that may have occurred as a result of false statements. The User acknowledges and commits to comply with the following actions:
a) Not using false identities;
b) To provide personal data, truthfully and accurately, so that JFF may properly process orders;
c) To refrain from introducing, storing or disseminating through the WEBSITE defamatory, obscene, offensive and xenophobic and / or any other nature that violates the general principles of law and public order. To the User is therefore expressly prohibited the transmission of messages or information that are offensive, mislead, defamatory, obscene or that in any way violates the right to privacy or intellectual or industrial property of third parties, as well as the release of any information that may be harmful to third parties or to JFF;
d) The JFF reserves the right to delete the User´s account that fulfills any of these situations.
5. ACCESS AND REGISTRATION
5.1. The mere access to the WEBSITE is not subject to registration.
5.2. The User intending to make purchases in the Online Store available on the website store.meiaduzia.pt (hereinafter referred to as "Online Store") will have to make a Registration, creating a Customer Account, completing the registration process available on that website, in accordance with the terms in the General Conditions of Online Purchase of Meia Dúzia Products.
5.3. For the process of Registration and creation of Customer Account will be required the following data:
(a) Name;
(b) Surname;
(c) Email;
(d) Password;
(e) Country;
(f) Adress;
(g) City;
(h) Postal code;
(i) Mobile phone.
5.4. However, to enjoy all the features of the WEBSITE, the User may access the private area of the WEBSITE through the previously indicated e-mail and password.
5.5. The User is responsible for the veracity, completeness and lawfulness of all the data that he provides to JFF, on the WEBSITE or the Online Store, as well as for its updating.
5.6. If personal data of a User is provided as a representative of a legal person, JFF may request a document which proves the necessary powers of representation for that purpose, providing the User such proof as soon as possible;
JFF doesn't have access to or knowledge of the password, and the User is solely responsible for the safeguarding and good use of the password and must modify it regularly, and JFF doesn’t have any responsibility for the improper use or loss of the password.
5.7. In case of loss or forgetfulness of any access data to the WEBSITE, the User may request, through the proper tool, its re-establishment or resubmission;
5.8. JFF has the exclusive right to all times suspend, partial or totally the access to the WEBSITE, in particular in the management, maintenance, repair, alteration or modernization operations and to terminate, permanently or temporarily, partial or totally, at any time, according to their will, the WEBSITE or any of the services, without prior notice.
6. ACCOUNT
6.1. The User accepts that the access data to the private area of the WEBSITE can only be used by the User, not being allowed to share the access data by several people.
6.2. The User must comply with good practices regarding the security of his / hers account, namely by changing his password regularly and avoiding connections through networks open to the public.
6.3. JFF guarantees the security of the account within the expected security measures appropriate to platforms such as the WEBSITE, having no other responsibility than that expressly foreseen in the Clause 14 of the present Terms of Use.
6.4. All content entered in your account, as well as all activity that takes place therein, is User's responsibility, and there is no obligation on the JFF to monitor the contents or (non) fulfilment of any responsibility of the User, namely fulfilment of the obligations before other Users or before national authorities.
6.5. By accepting these Terms of Use, the User expressly declares that will not use the WEBSITE and the services associated with its use for any illegal and / or unlawful purposes that are fraudulent or are not authorized.
7. PRODUCT CATALOG
7.1. On the WEBSITE, there's available information about the products sold by JFF.
7.2. The product information presented on the WEBSITE only provides a brief informative resume for the User's convenience.
7.3. JFF will seek to ensure the updating and accuracy of the information and data contained in the WEBSITE, not committing however to update or correct this information.
7.4. JFF makes no warranty, express or implied, as to the accuracy or completeness of any information (including information about goods and services) included on the WEBSITE, which the User acknowledges and accepts.
7.5. At any time JFF may change, delete or move any information on the WEBSITE without prior notice.
7.6. Users expressly accept and acknowledge the following:
(a) The photographs presented on the WEBSITE are merely illustrative;
(b) The detailed information about the products and their characteristics / specifications can be checked with the JFF;
(c) The displayed price is the price recommended by JFF and can be changed at any time. The VAT included in all mentioned prices corresponds to the rate applicable to the day of the request and any change to the applicable VAT will have immediate reflection on the prices of the products;
(d) JFF doesn’t guarantee the existence in stock of the articles included in the WEBSITE;
(e) JFF will not assume responsibility for any discontinued articles.
(f) The prices and products available on the WEBSITE are only valid for purchase orders made through the WEBSITE, and may not coincide with the prices charged in the stores, unless specifically indicated online promotions.
(g) JFF disclaims any responsibility for any delay or impossibility of processing the order, namely in the act of delivery, due to error or insufficiency of the data communicated by the User.
8. INTELLECTUAL PROPERTY
8.1. The User acknowledges that the ownership and title of all intellectual property rights on the WEBSITE, including, in particular, the rights to the software, codes (source, object, etc.), copyright, trademarks and trade secrets, are and will remain property of JFF, or its respective owners.
8.2. Similarly, the workflow, user interface, design, text, visual, sound, know-how, and other technologies provided by JFF as part of the service are the property of JFF, as well as all rights, titles and interests relating to those, including all associated intellectual property rights, which remain solely with JFF. The registration and creation of an account by the User does not assign him any license with to those rights, nor can it be presumed, at any time that assigns.
8.3. These Terms do not give the User any rights to use any brands and / or logos belonging to JFF. The User will not copy, translate, disassemble or decompile, nor create or attempt to create, by reverse engineering or otherwise, the source code and / or object of the WEBSITE.
8.4. The User will not remove any confidentiality or intellectual property notices.
8.5. JFF guarantees that, to the expectable and reasonable knowledge they have, it does not violate any third party intellectual property rights.
8.6. JFF reserves itself to all rights not expressly foreseen and listed in the present clause, not being, at any times be interpreted in any other way and should, in case of doubt, be always interpreted as meaning that is expressly prohibited by JFF. The following actions are expressly prohibited to the User:
(a) Sell, resell, redistribute, sublicense, rent or lease the WEBSITE, in whole or in part, unless otherwise provided in the context of a request or other written agreement with JFF, as well as using the WEBSITE to store or transmit unlawful or illegal material;
(b) Use the WEBSITE to store or transmit material that violates third party rights;
(c) Interfere with or disrupt the integrity or performance of the services;
(d) Attempt to gain unauthorized access WEBSITE and / or its computer systems;
(e) Test and evaluate system vulnerability and break down installed security;
(f) Decompile, disassemble, reverse-engineering the WEBSITE;
(g) Attempt to obtain the source code, modify, decrypt, or create derivative works from the WEBSITE or any services provided under its scope or otherwise provided under this Agreement;
(h) Access or use the WEBSITE to build a competing product and / or service, or copy any resource, feature or graphic for competing purposes.
8.7. If the User violates any of the above provisions, in addition to JFF's right to immediately resolve these Terms of Use, the User undertakes to compensate JFF in an amount not lower than € 500,000.00 (five hundred thousand euros) , without precluding the right to request additional compensation in court for losses and damages, namely compensation paid to third parties and expenses with courts and forensic representation.
9. PERSONAL INFORMATION AND PRIVACY POLICY
9.1. The processing of personal information within the scope of data protection is governed by the Privacy Policy of the WEBSITE and should be consulted for this purpose.
9.2. The User may not use software tools to collect information of a personal nature, namely, robots, crawlers or other automatic mechanisms.
10. SEGURITY
10.1. The User is responsible for obtaining, maintaining and paying the necessary licenses for all hardware and software used to access the WEBSITE and the execution of associated services.
10.2. JFF will take the necessary technological measures to effectively protect computer systems and hardware, namely, viruses, worms, Trojan horses and spyware and other malicious software.
10.3. In case that JFF fraudulently fails to perform this obligation, it shall be responsible for any damages incurred by the User, subject to the limitations set forth in No. 14.3 of this section.
10.4. The User shall use the WEBSITE and associated services in accordance with JFF's instructions and obligations of these Terms of Use, and committing to implement the necessary and appropriate security measures to the protection of the systems and services.
10.5. In case of any breach of security, regardless of whether or not the security and integrity of the data and systems of either Party is concerned, the Party which has knowledge thereof shall immediately inform the other Party of the situation.
10.6. In the event of any suspicion that the breach of security has sought to erase, alter, destroy, in whole or in part, damage, suppress or render useless or unavailable programs or other computer data, prevent, disrupt or seriously disrupt the operation of the computer system, by introducing, transmitting, deteriorating, damaging, altering, erasing, preventing access or suppression of programs or other computer data or any other form of interference in a computer system, or attempting to illegitimately access or intercept computer systems, the affected Party shall complete the respective complaint with the competent authorities.
10.7. Failure to comply with the obligation of this clause will correspond to a just cause for immediate resolution of the Terms of Use.
11. SERVICES
11.1. JFF ensures that it will keep the WEBSITE updated, being such updates due to the maintenance services automatically provided by JFF according to the schedule established for the evolution of the WEBSITE.
11.2. It will not be necessary for the User to request any intervention to access the updated WEBSITE.
11.3. JFF will seek to ensure that access to the WEBSITE (uptime) occurs on a continuous availability basis, but cannot guarantee that such availability will in fact occur, which the User accepts and acknowledges, resigning any compensation for lack of availability.
11.4. The User accepts and acknowledges that there may be performance and availability problems which have as their cause and / or origin:
(a) Congestion, slowdown or general Internet unavailability;
(b) Unavailability of generic Internet services (for example, DNS servers) due to external attacks;
(c) Events of force majeure, any unforeseeable and unavoidable event, unrelated to the will or control of the Parties, which prevents them, in whole or in part, permanently or temporarily, from achieving their objectives and fulfilling their obligations on the dates and deadlines contractually fixed, namely, and without being limited in number, the state of war may take on the nature of force majeure, declared or not rebellions or riots, natural disasters such as fires, floods and earthquakes and communications problems;
(d) Actions or omissions of the User or third parties beyond the control of JFF as a result of the computer system of the User or third parties;
(e) The WEBSITE maintenance programmed by JFF as well as the updates that occur.
12. COMMUNICATIONS
12.1. By accepting these Terms of Use, the User expressly accepts that the notifications that are made by JFF, in the context of the services provided through the WEBSITE, are made electronically to the email address indicated by the User in its register.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF RESPONSABILITY
13.1. The User agrees that JFF does not have any direct or indirect responsibility for the use that the User makes of the WEBSITE, being the sole and exclusive responsibility of the user.
13.2. The service and all services made available and provided through the WEBSITE, except as expressly stated otherwise, is provided "as it stands" for its use, and no representation, warranty or condition of any kind is made, express or implied, including implied warranties to the conditions of merchantability, commercial quality, fitness for a particular purpose, durability, title, and non-infringement of rights.
13.3. The User accepts and expressly declares that in no case will JFF its social bodies, managers, employees, partners, agents, contracted service providers, trainees, suppliers and licensors shall be liable for any direct damages, losses, claims or direct damages, indirect, incidental, or otherwise, including without limitation of lost profits, loss of revenue, loss of data, replacement costs, or any similar damages, whether on the basis of contract, unlawful act with or without intent, arising out of the use of, or relating to it, of the WEBSITE or any services purchased through the WEBSITE, including, but not limited to, any errors or omissions in any content published, transmitted or otherwise made available through the WEBSITE, in the latter case, and if so decided by a competent court, JFF liability limited to a limit that will never exceed the maximum limit of the established value for the national minimum wage discounted from the value of the Consumer Price Index.
13.4. JFF may make links to pages of other entities. These websites do not belong to or are operated or controlled by JFF, so JFF is not responsible for, approves or otherwise supports or endorses the content of such websites, or websites linked to or referred to therein, and the User must read their privacy policy and Terms of Use. The establishment of links to other websites does not imply, in any case, the existence of relations between JFF and the owner or manager of the website to which the link refers. In the event that you find in other websites, links that allow you to access WWW.MEIADUZIA.PT/, JFF, will not have any responsibility either on the provenance of this website or on the contents entered in it.
14. REPRESENTATIONS AND WARRANTIES
14.1. In case of any provision of these Terms of Use is declared unlawful, void or ineffective by a competent court, such provision shall be replaced, in whole or in part, by another that is executable, so as to reflect as closely as possible the terms of the clause in question, without affecting the validity of the remaining clauses.
14.2. The User agrees to guarantee JFF's position in defending it, as well as its social bodies, managers, employees, partners, agents, contracted service providers, trainees, suppliers, licensors of any claim or demand made by any third party due to, or resulting out of violation of these Terms of Use or the policies that integrate the operation of the WEBSITE and the services, as well as the violation and / or violation of any law or third party rights.
14.3. The lack of requirements, in a certain moment, of the User's compliance with any of its contractual obligations established herein, does not imply a resignation of any rights, nor does it constitute the acquisition of a right by the User.
15. RESOLUTION
15.1. Both JFF and the User may immediately terminate these Terms of Use upon written notice to this effect.
15.2. JFF will consider that the User has resolved these Terms of Use when there is no use of the WEBSITE for a period of time of 24 (twenty four) consecutive months.
15.3. JFF may terminate these Terms of Use and associated policies without prior notice if the User:
(a) Commit a serious violation of these Terms of Use;
(b) Occur any other non-compliance situation which may prevent or affect relevantly these Terms of Use;
(c) Occur any violation of intellectual property rights;
(d) In the event of evidence of fraud or misuse.
15.4. The immediate resolution of these Terms of Use implies that the associated account is canceled and, consequently, access to it is prevented.
15.5. The rights and obligations constituted by any of the Terms of Use and policies associated with it, which must remain after the resolution, shall remain in force for all purposes, namely, those relating to receivable credits by JFF or by its partners.
15.6. With the resolution of these Terms of Use, the User is no longer able to use the WEBSITE and associated services.
16. ENTIRE AGREEMENT
16.1. These Terms of Use, including their policies, constitute the entire agreement between the User and JFF with regard to the use of the WEBSITE and associated services.
16.2. These Policies are an integral part of these Terms of Use and cannot be separated.
16.3. The entry into force of new Policies at a later date of these Terms of Use, will result in the amendment of these Terms of Use through integration of the same.
16.4. In case of contradiction or non-conformity between the documents that integrate these Terms of Use, these will prevail over the Policies.
16.5. JFF may at any time update, modify or replace any part of these Terms of Use and the Policies associated with them, announcing in a proper place on the entrance page of the WEBSITE or via email these modifications, and it is also the responsibility of the User to verify this page periodically to be aware of any changes, prevailing the new version always on any previous version.
16.6. The User acknowledges and agrees that access and continued use of the WEBSITE and its associated services after the publication of any updates, modifications or substitutions of the WEBSITE Terms of Use and associated services and the Policies associated with them constitutes an acceptance and agreement with these updates, modifications or replacements.
17. JURISDICTION AND APPLICABLE LAWS
17.1. These Terms of Use, as well as the associated Policies, shall be governed by the applicable provisions of Portuguese law.
17.2. JFF is not tied by adhesion or legal enforcement resulting from arbitration required to any alternative resolution dispute entity of litigations.
17.3. Both the User and JFF assume that they will use their best efforts to resolve in a timely manner and by agreement any litigation arising under the Terms of Use, as well as the Policies.
18. COSTUMER SUPPORT
If you have any questions or doubts regarding these Terms of Use, please contact us by email [info@meiaduzia.pt]
19. LAST VERSION
[09 [03], 2018. [VILA NOVA FAMALICÃO] (PORTUGAL)