Terms and conditions
User Recognition and Acceptance of Terms
Cerca da Vitória (“We”) provides the website and related services (collectively, the “site”) to you, the user, subject to your acceptance of all the terms, conditions, and notices contained or referenced in these documents (the “terms of use”), as well as any other written agreement between the parties. By using any service or material on this site, users are subject to all applicable laws governing those services or materials, which may be subject to additional terms and conditions beyond those found in the Terms of Use. All such rules are incorporated herein by reference. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE CONTACT OUR COMPANY BY PHONE OR EMAIL. These Terms of Use became effective on 31-05-2022. We expressly reserve the right to change these Terms of Use periodically without further notice. You acknowledge and agree that it is your responsibility to review the site and its Terms of Use periodically and to become familiar with any changes. Your continued use of this site after such changes will constitute acknowledgment of the modified Terms of Use and agreement to comply with and be bound by the amended Terms of Use. As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, employees, directors, suppliers, partners, sponsors, and advertisers and includes (without limitation) all parties involved in the creation, production, and/or delivery of this site and/or its content.
Description of Services
We provide various services on our site, including but not limited to platforms offered by Cerca da Vitória for placing orders, the website, smartphone applications, and other services. You are responsible for providing, at your own expense, all equipment necessary for the use of the services, including a computer, a modem, and Internet access (including payment of all associated fees). We reserve the right to change or discontinue the site, including its services, at any time, with or without prior notice. We shall not be legally liable to you or any third party in the event that we exercise this right. Any future specifications that expand the current services will also be subject to these Terms of Use.
Privacy and Registration Data
The information we obtain through this site, including Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
Site Behavior
Your use of the website is subject to all applicable laws and regulations, and you are solely responsible for your communications through the website. By posting information or using any other form of communication service, chat room, forum, software library, or any other interactive service that may be available on the website, you agree not to upload, share, publish, distribute, or facilitate the distribution of any content – including text, communications, software, images, sounds, data, or any other information – that:
a. Is illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of third-party privacy, criminal, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexually violent or threatening language directed at an individual or group of individuals), or violates our rules and policies in any other way; b. Victimize, harass, degrade, or intimidate an individual or group of individuals based on their religion, gender, sexual orientation, race, ethnicity, age, or disability; c. Infringes any patent, trademark, trade secret, copyright, image right, or any other proprietary right of any entity; d. Constitutes unauthorized or unsolicited advertising, spam, chain emails, any other unauthorized solicitation, or any form of lottery or gambling; e. Contains computer viruses or any other type of code, file, or computer program created or used with the purpose of breaking, damaging, or limiting the normal operation of any software, hardware, or telecommunications equipment or gaining unauthorized access to any data or other information from third parties; or f. Impersonates any person or entity, including any of our employees or representatives.
We do not endorse or assume any responsibility for the content of any material uploaded or submitted by third parties on our website. It is not common for us to review, monitor, or edit the content posted on our website by users of communication services, chat rooms, forums, software libraries, or any interactive service available on our website or through our website. However, we and our agents have the right, at our discretion, to remove any content that, in our opinion, does not comply with these Terms of Use or any other code of conduct for our website, or that is otherwise harmful, objectionable, or wrong. We are not responsible for any failure or delay in removing such content. By using the website, you consent to such removal and waive any claim against us arising from the removal of content.
Additionally, you may not use your account to violate the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site will be accessible to you or any other authorized user of the site. You shall not interfere with the use of the site or similar services by other users. Users who violate the security of systems or the network may incur criminal or civil liability.
You agree that we may, at any time and at our sole discretion, terminate your membership, account, or any other connection to our website without prior notice in the event of a violation of any of the aforementioned provisions. Furthermore, you acknowledge that you will fully cooperate with investigations of system or network security violations on other websites, including cooperating with law enforcement authorities in the investigation of alleged criminal violations.
Sharing Information with Third Parties
This website may link you to other sites on the Internet or include references to information, documents, software, materials, and/or services provided by third parties. These websites may contain information or materials that some individuals may find inappropriate or offensive. These third-party sites are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor shall we be liable for any errors or omissions in any references to third parties or their products and services. The inclusion of such links or references is provided solely as a convenience and does not imply endorsement or association with the site or entity on our part, or any kind of warranty, whether expressed or implied.
Intellectual Property Information
Trademarks © Cerca da Vitória. All Rights Reserved. For the purposes of these Terms of Use, “content” is defined as any information, data, communication, software, photo, video, graphic material, music, sound, and other material and services that can be viewed by users on our website. By accepting our Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyright, trademarks, service marks, patents, or other proprietary rights and laws, and is the exclusive property of Cerca da Vitória and/or its affiliates. You are only authorized to use the content as expressly authorized by us or the content provider in question. Except for a personal copy, you shall not copy, reproduce, modify, republish, upload, post, transmit, or distribute any document or information from this site in any manner or through any means without obtaining prior permission to reuse any copyrighted material available on the site. Any unauthorized use of material from this site may violate copyright, trademark, or other applicable laws and may result in criminal or civil penalties. Neither we nor our affiliates warrant that your use of the material presented on the site or obtained through it will not infringe the rights of third parties. The following trademarks are registered by Cerca da Vitória or its affiliates: Cerca da Vitória. All graphics, icons, logos, and service names are registered trademarks of Cerca da Vitória and its affiliates. All other trademarks belong to their respective owners. Nothing in these Terms of Use grants you any right to use these trademarks, logos, and/or the name of Cerca da Vitória or its affiliates.
Unauthorized Use of Material
Subject to our Privacy Policy, any communication or material that you transmit to our site or to us, whether by email, posting, or any other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights to it, you grant us and our affiliates a non-exclusive, perpetual, global right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use it for any purpose, in any form or medium (whether currently known or not). Please do not share with us any confidential or proprietary information unless there is a written agreement between both parties specifying otherwise. We are unable to accept unsolicited ideas or proposals, so please do not share them with us under any circumstances. We respect the intellectual property of everyone, and we ask the same of our users. If any user believes that copyrights, trademarks, or other proprietary rights are being infringed by any publication on this site, users should promptly send a notice to our Designated Agent (identified below). To be effective, the notification should include: 1. Detailed identification of the copyrighted work that the user believes has been infringed, or sufficient information to specify the work whose rights are being infringed. 2. Identification of the material that the user believes infringes the copyrights. 3. Sufficient information that allows us to contact the user (email address preferred). 4. If possible, provide sufficient information that allows us to notify the alleged infringing page’s owner/administrator (email address preferred). 5. Include the following statement: “I believe in good faith that the use of the copyrighted material as described above has not been authorized by the copyright owner, its agents, or the law.” 6. Include the following statement: “I swear, under penalty of perjury, that the information in this notice is accurate and that I am the copyright owner of this material or authorized to act on behalf of the exclusive right holders that are being infringed.” 7. Sign the document. 8. Send the written notification to the following address: Designated Agent for Copyright Infringement Claims: Contact: Email: geral@cercadavitoria.pt
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” AND ACCORDING TO APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE PROVIDED WITHOUT INTERRUPTION, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OUR SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS OR DEFECTS. THIS SITE MAY CONTAIN TECHNICAL OR OTHER ERRORS, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY CHANGE THE MATERIALS AND SERVICES ON THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF PRODUCTS LISTED ON THE SITE, AT ANY TIME WITHOUT NOTICE. THE MATERIALS AND SERVICES ON THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. YOUR USE OF THE SERVICES AND MATERIALS, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIAL THROUGH OUR SITE, IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. Through our site, you may have the opportunity to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any entity, including, but not limited to, terms of purchase, warranties, maintenance, and delivery related to such transactions, are agreed upon solely between the seller and the purchaser of such merchandise or services. WE MAKE NO WARRANTIES REGARDING ANY TRANSACTIONS EXECUTED THROUGH THE SITE OR IN CONNECTION WITH THE SAME, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM THIRD PARTIES IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES. Content available on the site may at times represent the opinions and judgments of an information provider, site user, or any other person or entity not affiliated with us. We do not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized spokesperson of Cerca da Vitória speaking in his/her official capacity. You understand and agree that temporary interruptions of the services available on the site may occur as normal events. You also understand and agree that we have no control over third-party networks you may access during the use of our site, and therefore, delays and disruptions of transmissions from other networks are completely beyond our control. SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SITE OR RELATED SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY OTHER SITE REFERENCED OR LINKED TO OURS. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY PRODUCT OR SERVICE OFFERED THROUGH THIS SITE BY THIRD PARTIES OR FOR ANY ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ORDER PROCESSING. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR INCIDENTALS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
Upon our request, you agree to defend and indemnify us and our partners from any liability, claim, demand, or expenses, including attorney’s fees, arising from your improper use of our site. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you shall cooperate with us in asserting any available defenses.
Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any statements and acts or omissions that occur through the use of your password and account. You should take steps to ensure that third parties do not gain access to your password or account. Our staff will never ask for your password. You should not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do so.
Participation in Promotions
From time to time, the site may include advertisements offered by third parties. You may correspond or participate in promotions from our advertisers who display their products on our site. Any such activity, including the delivery and payment of goods and services, and any other terms, conditions, warranties, or representations associated with such activity, will be solely between you and the advertiser. We assume no responsibility or liability for any part of such activity.
International Use
While it is possible to access the site from anywhere in the world, we do not warrant that the materials on this site are appropriate or available for use in all locations, and accessing the same materials from territories where their contents are illegal is prohibited. Anyone choosing to access the site from other locations does so on their own initiative and is responsible for compliance with local laws. Any offers for products, services, and/or information made in connection with this site are void where prohibited.
Termination of Use
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the site, with or without notice, for any reason, including but not limited to a violation of these terms. Any activity suspected to be fraudulent, abusive, or illegal may serve as grounds for termination of our relationship and may be reported to the appropriate authorities. Upon termination or suspension, regardless of the reasons for such termination, your right to use the site immediately ceases, and you acknowledge and agree that we may deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site. We shall not be liable to you or any third party for any claims or damages arising out of the termination or suspension or any other actions taken by us in connection therewith.
Applicable Law
This site (excluding any linked sites) is controlled by us from our offices in Portugal. It can be accessed from any location around the world. Since each of these locations may have different laws from those in force in Portugal, by accessing the site, we both agree that the laws and statutes of Portugal, without regard to conflicts of laws principles and the United Nations Convention on Contracts for the International Sale of Goods, will apply to all matters relating to the use of the site and the purchase of products and services available on the site. Both parties agree and hereby submit to the exclusive jurisdiction of Portugal concerning such matters.
Notices
All notices between the parties must be in writing and sent via email or regular mail. Notices to us should be sent to the attention of our Customer Service at geral@cercadavitoria.pt. Notices directed to you will be sent to the address provided by you as part of the Registration Data. Additionally, we may broadcast notices or messages through the site to inform you of changes to the site or other important matters.
Entire Agreement
These terms and conditions constitute the complete agreement and understanding between the parties with respect to the subject matter of this agreement and supersede all prior agreements and understandings between the parties. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to request products or services that are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by both parties. To the extent that anything in or associated with the site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall always take precedence.
Miscellaneous
In the event that any action is taken to enforce these Terms of Use, the prevailing party shall be entitled to reimbursement for costs and attorney’s fees. Any action against us or our affiliates must be instituted within one year after the cause of action or will forever be waived and barred. You may not assign your rights and obligations under these Terms of Use to any other entity, and any attempt to do so shall be null and void. You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of the site or the use or access to the site. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our control, whether or not foreseeable by either party, including but not limited to labor disputes, war, fires, accidents, adverse weather conditions, inability to secure transportation, governmental regulation, or any other cause or event beyond our control, whether or not similar to those enumerated above. If any part of these Terms of Use is determined to be invalid or unenforceable, that part shall be interpreted in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure on our part to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
Contact Information
Unless otherwise specified on the site, the services available on the site are offered by Cerca da Vitória, located in Portugal. If you become aware of any user violating these Terms of Use, please contact us at geral@cercadavitoria.pt.
