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Termes et Conditions

 

GENERAL INFORMATION

The User should carefully read these Terms and Conditions which regulate the access and use of the website www.parqueterranostra.com (hereinafter "Website"), operated by BENSITUR - SOCIEDADE AÇORIANA DE INVESTIMENTOS TURISTICOS, LDA, registered at the Commercial Registry Office of Ponta Delgada under company registration and tax no.  512 012 210,, with registered offices at Largo Vasco Bensaúde, N 13, Head Office, 9500-103 Ponta Delgada, Portugal, hereinafter "BENSITUR"

The use of this Website shall be governed by these Terms and Conditions and shall imply acceptance thereof by the User. If the User rejects these Terms and Conditions, he/she must immediately cease using the same.

BENSITUR may change or update these Terms and Conditions, in whole or in part, without prior notice, with any changes or updates coming into force as soon as they are published in the respective section of the Website, unless applicable legal provision to the contrary. Users are advised to consult the sections of the Terms and Conditions regularly to check the most up-to-date versions.

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

BENSITUR reserves the right to assess the User's compliance with these Terms and Conditions at its own discretion. Violation of the Terms and Conditions may imply withdrawal of the authorisation for use granted by BENSITUR, under the terms set out herein, as well as the exercise of its rights to the maximum extent permitted by law. 

The User undertakes to indemnify and exonerate BENSITUR, as well as its legal representatives, partners and employees, from any damages, liabilities, claims or requests for compensation, including expenses and costs of representation, petitioned by third parties as a result of the use of the Website in terms that are not compliant with these Terms and Conditions, and/or by virtue of the violation of the conditions set out therein, and/or resulting from non-compliance with the declarations and guarantees contained in these Terms and Conditions.


AUTHORISATION FOR USE

Without prejudice to the other clauses of these Terms and Conditions, BENSITUR authorises any User to use this Website for personal or informative purposes only, as provided for in these Terms and Conditions. Authorisation for use may be revoked by BENSITUR at its discretion at any time. Under the terms of the law and these Terms and Conditions, the User may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or alter the source code, carry out reverse engineering operations, decompile or disassemble, in whole or in part, the contents of the website. By accessing the Website, the User acknowledges and accepts that the content of the Website may be incomplete, inaccurate, not up to date, or that it may not meet his/her needs and requirements.


CONTENT AND LIMITATION OF LIABILITY

Access to and use of the Website are activities performed by the User.  

The User is solely and exclusively responsible for the use of the Website and its contents. BENSITUR is not responsible, nor does it assume any responsibility, for the use of the Website in terms that are not compliant with the legal provisions in force on the part of the User.

In particular, the User is solely responsible for the communication of incorrect, false or third party information or data, without his or her consent, as well as the misuse thereof. 

The contents of the Website may contain inaccuracies or errors. BENSITUR is not responsible, nor can it be held liable, by any means or in any way, for inaccuracies and errors, any damage caused or resulting from the use of information derived from the Website or through the Website by the User. The User is solely and exclusively responsible for evaluating the information and content obtained through the Website.

The Website and all the information and content published on it may be changed by BENSITUR at any time, periodically and/or without prior notice, unless there is an applicable legal provision to the contrary.

Given that any content that may be downloaded or otherwise obtained is the result of a free decision by the User and is carried out at the User's own risk, any liability for damage to computers or any other electronic devices or loss of data resulting from download operations carried out by the User shall be the sole responsibility of the User and may not be imputed to BENSITUR. BENSITUR accepts no responsibility for damages resulting from the impossibility of accessing the services made available through the Website or for damages caused by viruses, damaged files, errors, omissions, interruptions to the service, cancellation of content, questions related to the internet, service providers or the telephone and/or telematics connection, unauthorised access, changes to data, or related to the non-existence and/or malfunctioning of electronic devices of the User. 

BENSITUR has adopted the appropriate technical and organisational measures to safeguard the security of the services it provides through the Website, to ensure the integrity of electronic traffic data related to unauthorised forms of use or knowledge, as well as to avoid the risks of dissemination, destruction or loss of data and confidential or non-confidential information of the User, contained in the Website, or related to access – unauthorised or in breach of applicable legal provisions – to said personal data and information.

BENSITUR neither guarantees nor can guarantee that the Website is free from viruses or any other element that might adversely affect its use.


WEBSITE ACCESS, INTERRUPTION AND SUSPENSION

BENSITUR makes its best efforts to provide continuous access to the Website, however, such access may be suspended, limited or interrupted at any time for any reason. 

Access to the Website may be limited from time to time to allow for recovery, maintenance or introduction of new features or services. 

Access to the Website may also be interrupted in cases of "Force Majeure" considered to be any cause disrupting the performance of the Website and having any impact on the performance of our obligations arising out of or attributable to acts, events, omissions or accidents beyond our reasonable control and, in particular, but not limited to, shall include strikes, terrorist action, invasion, war, threat or preparedness for war, fire, technical failure of power, software, hardware or telecommunications or other network failures, interruptions or breakdowns, explosions, storms, floods, earthquakes, epidemics or other natural disasters, any legislation, regulation, rule or decision of a state or court.

In any case, BENSITUR will make its best efforts to recover access as soon as possible. BENSITUR reserves the right to block access to any material and/or remove any material which may, in its discretion, cause a breach of these Terms and Conditions.

DATA PROTECTION

BENSITUR does not collect or use any personal data from its Users through this Website, with the exception of the IP's which are processed by BENSITUR, as Controller of personal data processing, in order to ensure compliance with and execution of these Terms and Conditions and for a period of 3 months after the last visit to the Website.

With regard to the processing of personal data that BENSITUR carries out through the use of cookies, please consult the BENSITUR Cookie Policy and personalise your settings according to your preferences.

BENSITUR may transfer them to third parties and to processors for the sole purpose of managing the Website.

The User may exercise their rights conferred by data protection legislation, in particular the right to access personal data, not to be subject to decisions taken solely on the basis of the automated processing of your data, the right to receive personal data in a structured, usable and readable form (right to portability), the right to rectify inaccurate data, the right to object to the processing of data on grounds relating to particular situations, the right to obtain the erasure of data (in certain cases) and the right to limit its processing, which may be exercised by the User as legally applicable by means of an application directed to the above address. The right to lodge a judicial or administrative complaint with the National Data Protection Commission is also guaranteed.

Data subjects may exercise their rights by contacting BENSITUR by sending an e-mail to the mailbox protecaodedados@bensaude.pt.

Data subjects may also contact the BENSITUR Data Protection Officer by sending an e-mail to dpo@bensaude.pt.


INTELLECTUAL PROPERTY RIGHTS

All rights are reserved. The Website and all its contents, including without limitation, articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video or audio clips or 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 intellectual property rights (hereinafter "Material") are the property of BENSITUR or third parties and are protected against unauthorised use, copying or disclosure under national laws and international treaties concerning intellectual property rights. 

None of the provisions of the Terms and Conditions and/or the content of the Website may be interpreted as implicitly conferring, accepting or by any licensed means the right to use any Material by any means without the prior written consent of BENSITUR or the third party owner of the Material or the intellectual property rights published on the Website. 

The use, copying, reproduction, alteration, republication, updating, downloading, sending by e-mail, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified, but of identical nature, is prohibited. 

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

The User may, however, view and display the contents of the Website and/or the Material on the screen of a computer or other electronic device and store such contents in electronic form on disk (but not on a server or memory device connected to the Internet) or print a copy of such contents for his/her personal and non-commercial use, but shall retain all information relating to intellectual property rights.

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


HYPERLINKS TO OTHER WEBSITES

If the Website provides links ("Hyperlinks") to third-party websites or to content provided by third parties ("Other Websites"), BENSITUR hereby informs you that the provision of links to such Other Websites is included solely for information purposes and for the convenience of the User. BENSITUR does not control the Other Websites and is therefore not liable for these Other Websites or for the contents or products that the Other Websites (including without limitation, reference to social networks) and is not liable for any damages or losses that may result from the use of the Other Websites by the User as well as for the processing of personal data. Access to any Other Website, through a Hyperlink on the BENSITUR Website, is at the User's sole responsibility and risk.

The User should therefore pay particular attention when connecting to Other Websites through Hyperlinks on the BENSITUR Website and read carefully the respective terms and conditions and privacy policies.


USER’S REPRESENTATIONS AND WARRANTIES

The User represents and warrants that he/she:

• Have read and understood these Terms and Conditions;
• Will refrain from reproducing, duplicating, copying, selling, reselling or by any means commercially exploiting the Website or its contents, or any part of them, as well as from using or reproducing the trademarks or any intellectual property rights of BENSITUR;
• Will not publish or use false, injurious or defamatory information;
• Abstains from using, directly or indirectly, the services or the Website for purposes contrary to the law or not in conformity with these Terms and Conditions;
• Will not spread viruses, spyware, adware, rootkit, backdoor or Trojan viruses or other similar computer threats;
• Will not use software or other automatic or manual mechanisms to copy or access control of the Website or its contents.


MISCELLANEOUS 

In case any of the provisions contained in these Terms and Conditions is declared to be be null and void, the remaining provisions shall remain in full force and effect.

These Terms and Conditions shall be governed by Portuguese law and interpreted in accordance with Portuguese law. Any dispute arising out of or relating to these Terms and Conditions, in the absence of an amicable and negotiated agreement between the parties, shall be settled by the Courts of the District of the Azores, with express waiver of any others.

The User may contact BENSITUR for any question related to the Terms and Conditions or for any question related to the use of the Website, through the following e-mail address: terra.nostra@bensaude.pt.


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