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Terms and Conditions

1. Introduction

 

 

These Terms and Conditions regulate access to and use of the website www.jjtome.pt, the responsibility of JOÃO JACINTO TOMÉ, S.A., with registered office at Rua Possidónio da Silva, n.º 158 - A, 1399-008 Lisbon.

Any legal questions regarding the website may be consulted in the Privacy Policy, which constitutes an integral part of these Terms and Conditions.

JOÃO JACINTO TOMÉ, S.A. may change or update, in whole or in part, these Terms and Conditions, as well as the Privacy Policy. Any changes or updates to these Terms and Conditions, as well as those of the Privacy Policy, will come into force as soon as they are published in their section of the website. Users are advised to regularly consult the sections of the Terms and Conditions and Privacy Policy to verify the most current versions.

Access to and use of the website are made available exclusively for personal use and for the promotion of the activity of JOÃO JACINTO TOMÉ, S.A.

JOÃO JACINTO TOMÉ, S.A. reserves the right to discretion to assess the fulfilment of these Terms and Conditions by any User.

 

 

2. License

 

 

Without prejudice to the provisions of these Terms and Conditions, JOÃO JACINTO TOMÉ, S.A. authorises the use of this website for personal or informational purposes only, as provided for in these Terms and Conditions. The use license may be revoked by JOÃO JACINTO TOMÉ, S.A. at its own discretion and at any time. Under the law and these Terms and Conditions, the User may not copy, use, transfer, change, adapt, attempt to modify or change the source code, perform reverse engineering operations, decompile or disassemble, in whole or in part, the website content. By accessing the website, the User acknowledges and agrees that the content thereof may be incomplete, inaccurate, not updated, or that it may not meet their needs and requirements.

 

 

3. Content and Limitation of Liability of JOÃO JACINTO TOMÉ, S.A.

 

 

Access to and use of the website, including displaying web pages, constitute activities performed by Users.

Users are solely and exclusively responsible for the use of the website and its contents. JOÃO JACINTO TOMÉ, S.A. is not responsible, nor it undertakes any responsibility for the use (if existing) of the website without complying with the legal provisions in force. In particular, Users are solely responsible for the communication of incorrect, false or third-party information or data without their consent, as well as incorrect use thereof.

Website content may contain inaccuracies, errors or misprints. JOÃO JACINTO TOMÉ, S.A. is not responsible, nor may it be liable, by any means or manner, for the inaccuracies and errors, damages (if any) caused or resulting from the use of information derived from the website or through the website on the part of the Users. The User is solely and exclusively responsible for evaluating the information and content obtained through the website.

 

The website and all information and content published therein may be changed by JOÃO JACINTO TOMÉ, S.A. at any time, periodically and/or without notice.
Whereas any content that may be downloaded, or by other means obtained, results from the free decision of the User and are carried out at their own risk, any damage (if any) to the hardware, computers, software and/or loss of data resulting from download operations carried out by the User, will be the sole responsibility of the User and may not be attributed to JOÃO JACINTO TOMÉ, S.A.

 

JOÃO JACINTO TOMÉ, S.A. undertakes no responsibility for damages (if any) resulting from the impossibility of access to services made available through the website or for damages (if any) caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of content, Internet-related issues, service providers or telephone and/or telematics connection, unauthorised access, data changes or related to non-existence and/or malfunction of electronic devices of the User.

The User is responsible for the correct use of their personal information, as well as responsible for any damage or injury caused to JOÃO JACINTO TOMÉ, S.A. or third parties, resulting from incorrect use, loss or theft of personal information.

The User is entirely and exclusively responsible for any actions taken through their User account, directly or through third parties authorised by the User. JOÃO JACINTO TOMÉ, S.A. may revoke the license, at its own discretion and at any time, if the practice of any abusive, fraudulent or illegal act is identified.

JOÃO JACINTO TOMÉ, S.A. does not guarantee, nor can it guarantee, that the website is virus-free or any other element that may adversely affect the technology.

 

 

4. Access to the Website, Interruption and Suspension

 

 

JOÃO JACINTO TOMÉ, S.A. will use its best efforts to make continuous access to the website available; however, access to the website may be suspended, limited or interrupted at any time regardless of the reason. Access to the website may occasionally be limited to allow the recovery, maintenance or introduction of new functionalities or services. JOÃO JACINTO TOMÉ, S.A. will use its best efforts to regain access as soon as possible. JOÃO JACINTO TOMÉ, S.A. reserves the right to block access to any material and/or remove any material that may, at its own discretion, cause violation of these Terms and Conditions.

JOÃO JACINTO TOMÉ, S.A. reserves the right to terminate User accounts that violate these Terms and Conditions, including in situations where it is verified that the User is using proxy IP addresses in particular in order to hide the use of multiple accounts or to be identified as being in a country other than which he is actually, or causes disturbances to the operation of the website by any means.

 

 

5. Personal Data Protection

 

 

Users are advised to properly read and review the Privacy Policy, which is an integral part of these Terms and Conditions, to understand how the website collects and uses Users' personal data and what their purposes are.

 

 

6. Intellectual Property Rights

 

 

All rights are reserved. The website and all its contents, including, without limiting, articles, opinions, other texts, lists, user manuals, photographs, drawings, images, clips, videos, audio and marketing texts, as well as trademarks, logos, domain names and any other elements that may be covered by property rights (including source codes) and/or other modalities of intellectual property rights (hereinafter “Material”), are the property of JOÃO JACINTO TOMÉ, S.A. or third parties, and are protected against the use, copy or disclosure not authorised by national laws and international treaties relating to Intellectual Property Rights. None of the provisions of the Terms and Conditions and/or content contained on the website may be construed as implicitly conferring, accepting or by any licensed means the right to use any Material by any means without the prior written consent of JOÃO JACINTO TOMÉ, S.A. or the third party owner of the Material or intellectual property rights published on the website. The use, copy, reproduction, change, republishing, update, download, sending by email, transmission, distribution and/or duplication, or any other abusive act of the Material not specifically identified, but of the same nature, are prohibited. The User, as a website User, undertakes not to use the Material for illegal purposes and not to violate the rights of JOÃO JACINTO TOMÉ, S.A. and/or the third party owner of the Material.

 

The User may view and display the content of the website and/or the Material on a computer screen, store such content in electronic format on the disc (but not on a server or on an Internet-connected memory device), or print a copy of such content for their personal and non-commercial use, but must keep all information related to intellectual property rights.

 

Access to the website does not give the User any right over the content provided by JOÃO JACINTO TOMÉ, S.A. and/or the third party owner of the Material.

 

 

7. Links to other Websites

 

 

These Terms and Conditions and the Privacy Policy apply only to this site and not to websites owned by third parties.

JOÃO JACINTO TOMÉ, S.A. hereby informs that the provision of links to content made available by third parties (“Other Websites”) is included only for informational purposes and for the User’s convenience.

We aim to ensure that such sites are of the highest quality. However, given the nature of the Internet, we cannot guarantee the privacy levels of websites to which we link or be liable for its content or for any damages or loss that may result from its use by the User, as well as the processing of personal data while doing internet browsing operations.

Access to any Other Website, upon a link existing on the website of JOÃO JACINTO TOMÉ, S.A., will be made at the User’s sole responsibility and risk.

The User should therefore pay particular attention when connecting to Other Websites through links on the JOÃO JACINTO TOMÉ, S.A. website and read their terms and conditions and privacy policies carefully.

These Terms and Conditions and Privacy Policy are not intended to be applied to any associated site not belonging to JOÃO JACINTO TOMÉ, S.A.

 

 

8. User’s Representations and Warranties

 

 

The User acknowledges and declares that:

  1. The User read and understood these Terms and Conditions;
  2. The User will refrain from reproducing, duplicating, copying, selling, reselling or by any means commercially exploiting the website or its contents, or any part thereof, and will refrain from using or reproducing the trademarks or any intellectual or industrial property rights of JOÃO JACINTO TOMÉ, S.A. and/or third parties;
  3. They will not publish or use false, injurious or defamatory information;
  4. They will refrain from using, directly or indirectly, the services or the website for purposes contrary to the law or non-compliant with the principles contained in these Terms and Conditions;
  5. They will not propagate viruses, spyware, adware, rootkit, backdoor or Trojan virus nor other similar computer threats;
  6. They will not use software or other automatic or manual mechanisms to copy or access the website control or its content.

 

 

9. Miscellaneous Provisions

 

 

The nullity of any of the provisions contained in these Terms and Conditions will be deemed deleted from them, with the remaining provisions fully in force and producing their effects.

These Terms and Conditions are governed by Portuguese law and will be construed in accordance with Portuguese law.

In the absence of a friendly agreement between the parties, conflicts and disputes of any kind resulting from the use of the website will be definitely settled by the Courts of Lisbon, expressly waiving any others.