Legal Information

The user ("User") should carefully read these terms and conditions ("Terms and Conditions") that regulate the access and use of the website www.parqueterranostra.com as well as all its subdomains (hereon "Website") by Bensitur Society - Sociedade Açoriana de Investimentos Turisticos Lda., the entity with registration number 512 012 210, registered at the Ponta Delgada Commercial Registry, based in L. Vasco Bensaude, 13 -Matriz, 9500 Ponta Delgada, and with EUR CAPITAL OF EUR 274,340 ("BENSITUR").

The use of this Website will be regulated by these Terms and Conditions, implying their use and acceptance of them by the User. If the User rejects these Terms and Conditions, he must immediately cease its use.

BENSITUR may change or update, without prior warning, in its whole or part, the current Terms and Conditions and the Data Protection and Privacy Policy, making any changes or updates as soon as they are published in the respective Website section unless there is an applicable legal provision to state otherwise. Users are advised to regularly consult the sections of Terms and Conditions and Data Protection and Privacy Policy to verify the most up-to-date versions.

The access and use of the Website are available exclusively for personal use and to obtain information and, therefore, not related to any commercial, business, or professional activity of the User.

BENSITUR retains the right to take appropriate actions if the User fails to comply with the existing Terms and Conditions. Violating these Terms and Conditions may result in the revocation of the usage authorization granted by BENSITUR, as outlined here, and the exercise of its legal rights to the fullest extent permitted by law.

The User agrees to indemnify and hold harmless Bensitur, along with its legal representatives, partners, and employees, from any damages, liabilities, claims, or compensation demands, including legal fees and representation costs, raised by third parties due to the improper use of the Website in violation of the present Terms and Conditions. This also includes any violation of the specified conditions and breach of the statements and warranties outlined in these Terms and Conditions.

While the other clauses of these Terms and Conditions remain in effect, BENSITUR authorizes users to utilize this Website for personal or informational purposes, as outlined in these Terms and Conditions. However, BENSITUR retains the right to revoke this authorization at its discretion and at any time. In accordance with the law and these Terms and Conditions, users are prohibited from copying, transferring, sublicensing, modifying, attempting to modify the source code, performing reverse engineering, decompiling, or disassembling any part or all of the Website's content. By accessing the Website, Users acknowledge and accept that the content may be incomplete, inaccurate, outdated, or not entirely suited to their needs and requirements.

The access and use of the Website constitute activities performed by the User. 

The User is solely and exclusively responsible for using the Website and its contents. BENSITUR is not responsible and assumes no liability for the User's use of the Website that does not comply with the current legal provisions.

Specifically, the User is solely responsible for communicating inaccurate or false information or data of third parties without their consent and for their improper use.

The Website content may contain inaccuracies or errors. BENSITUR cannot be held responsible for any inaccuracies or errors nor any damages resulting from the use of information obtained from the Website by the User. The User is solely responsible for evaluating the information and content obtained through the Website.

The Website and all the information and contents published in it can be changed by BENSITUR at any time, periodically, and/or without notice. 

Since any content downloaded or obtained is a result of the User's choice and is done at their own risk, any responsibility for damage to computers or other electronic devices or data loss resulting from download operations carried out by the User falls solely on the User and cannot be attributed to BENSITUR. BENSITUR is not liable for damages resulting from the inability to access services provided through the Website or for damages caused by viruses, corrupted files, errors, interruptions in service, content deletion, internet-related problems, service providers, telephone and network connections, unauthorized access, data alterations, or issues related to the absence and malfunction of the User's electronic devices.

BENSITUR has implemented suitable technical and organizational measures to ensure the security of the services offered through the Website. These measures aim to uphold the integrity of electronic traffic data, prevent unauthorized use or access, and mitigate risks associated with the dissemination, destruction, or loss of user data, both confidential and non-confidential, present on the Website. These measures also protect against unauthorized access to personal data and information, whether intentional or violating applicable legal regulations.

BENSITUR cannot guarantee or ensure that the Website is entirely free from viruses or other negative elements that could impact its use.

You should read and analyze the Data and Privacy Protection Policy to understand how the Website collects and uses your data in accordance with the provisions and accordance with Regulation (EU) 2016/679 of the European Parliament and the Board on April 27, 2016, relating to the protection of singular persons regarding the processing of personal data and the free circulation of these data and revoking Directive 95/46/CE (General Regulation on Data Protection) and other related legislation.

All rights are reserved. The Website and all its contents, including, without limiting, articles, opinions, other texts, lists, manuals of use, photographs, drawings, images, video clips, or audio or marketing texts, as well as brands, logos, domain names, and any other elements subject to proprietary rights (including source codes) and other intellectual property rights (from now on referred to as "Material"), are the property of BENSITUR or third parties and are safeguarded against unauthorized use, copying, or disclosure as stipulated by national laws and international treaties concerning intellectual property rights.

None of the provisions in the Terms and Conditions, nor the content found on the Website, should be construed as implying, accepting, or granting the right to use any material through any means without the prior written consent of BENSITUR or the third-party owner of the Material or intellectual property rights published on the Website.

The use, copy, reproduction, change, republishing, updating, downloading, email sending, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified but of identical nature, are prohibited.

As a User of the Website, the User commits not to use the Material for illegal purposes and not violate the rights of BENSITUR.

However, the User is permitted to view and display the Website's contents and Material on the screen of a computer or other electronic device, store such electronic disc content (excluding servers or internet-connected memory devices), or print a copy of the content for personal, non-commercial use, while retaining all information pertaining to intellectual property rights.

Access to the Website does not give the User any right to the contents provided by BENSITUR.

If the User uploads images to their Instagram account (or another platform, e.g., another social network) using the hashtags #Parqueterranostra and the Parque Terra Nostra location tags and mentions the @parqueterranostra page, their image may be chosen for inclusion in the Website Gallery. By doing so, the User affirms their rights to the image. Additionally, the User must adhere to the content standards outlined in the current Terms and Conditions.

By uploading an image to any platform (e.g., social networks) using the hashtags #Parqueterranostra and the Parque Terra Nostra location tags and mentioning the @parqueterranostra page, the User grants BENSITUR a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the image, including any associated intellectual property rights. This license allows BENSITUR to use, copy, distribute, modify, edit, and publish the image (in whole or in part). BENSITUR may publish the image globally, including on other Websites (such as its pages on social networks), and incorporate the image into other media or technologies. Furthermore, BENSITUR reserves the right to use the image in its marketing communications. If any third party claims that an image published or shared by the User on the Website violates their intellectual property rights, data protection rights, or any other applicable rights or legislation. In that case, BENSITUR has the right to disclose the User's identity to that third party.

If the User wishes to have an image removed from BENSITUR's control, they can request by emailing [email protected], specifying their request to eliminate the image. Please attach screenshots of the image(s) you want us to remove. It's important to note that if the image is copied (for instance, by other individuals in violation of our Terms and Conditions), used in different formats by third parties, or shared by the User on other platforms (such as other websites), its management will fall outside of BENSITUR's control, and we may not be obligated to remove it.

BENSITUR holds no responsibility for the content or accuracy of any images the User publishes. BENSITUR retains the right to remove any image from the Website if it deems it appropriate, including instances where the image doesn't align with the content guidelines outlined in these Terms and Conditions. Regardless of previous actions, BENSITUR retains the authority to remove images that exhibit the following characteristics: (i) material protected by intellectual property rights of third parties; (ii) abusive images, which result in a threatening, violent, harassment, abusive, offensive, criminal, hateful, inflammatory, discriminatory, profane, profane behavior that may be considered bullying; (iii) falsification of identity; (iv) sensitive graphic content; (v) other content, namely images that include references to alcohol, tobacco, cigarettes, other tobacco products, electronic cigarettes or recipients of electronic cigarettes, medicines subject to prescription or gambling; and (vi) images that are subject to authorizations.


All data processing activities carried out for the purpose of this section are governed by the Website's Data Protection and Privacy Policy practices.

If the website includes "Hyperlinks" to third-party websites or content provided by third parties ("Other Websites"), BENSITUR clarifies that these links are provided solely for informational purposes and user convenience. BENSITUR does not exercise control over the Other Websites and therefore assumes no responsibility for such Other Websites or their content or products (including but not limited to references to social networks). BENSITUR disclaims liability for any damages that may arise from the use of Other Websites by the User and any processing of personal data on such sites. Accessing any Other Website through a hyperlink on the BENSITUR website is the sole responsibility and risk of the User.


Therefore, the User should exercise caution when accessing other websites through hyperlinks on the BENSITUR website and thoroughly review the respective Terms and Conditions and Privacy Policies.

The User recognizes and declares that you:

 

• Read and understood the current Terms and Conditions;

• You must refrain from reproducing, duplicating, copying, selling, reselling, or commercially exploiting the Website or its contents, in whole or in part. Additionally, you must not reproduce the trademarks, brands, or any intellectual property rights of BENSITUR.

• You must not publish or use false, insulting, or defamatory information.

• You are prohibited from using the services or Website for purposes contrary to the law or violating the current Terms and Conditions, either directly or indirectly.

•You shall not spread viruses, spyware, adware, rootkits, backdoors, trojan viruses, or other similar computer threats.

• You will not use software or other automatic or manual mechanisms to copy or access the Website's control or its content.

The nullity of any provision within the present Terms and Conditions shall not affect the validity of the remaining provisions, which shall remain in force and fully effective.

The present Terms and Conditions will be governed by and interpreted in accordance with Portuguese law. Any disputes arising from or related to these Terms and Conditions, in the absence of a mutually agreed-upon resolution, will be resolved by the Judicial Courts of the Azores district, with the explicit waiver of any other jurisdiction.

The User may contact BENSITUR for any question related to the Terms and Conditions or any question related to using the Website through the following email address [email protected].