Updated on: February 08, 2018
The following use terms and conditions (“Agreement”) govern the entire use of the Madeiraislandinformation website and apps(“Site”) and (“Apps”) and the products and services available on the site (together with the site, the “Service” provided).
The service provided to the user (“User”) is subject to the users approval of the governing terms, without any modifications to the terms and conditions here stated, as well as all the other operational rules, policies and procedures that from time to time may be updated on this Site by the Company.
BY USING OR REQUESTING ANY PART OF OUR SERVICES, THE USER IS AGREEING TO ALL THE TERMS AND CONDITIONS HERE SET FORTH; IF THE USER DOES NOT AGREE TO ANY ONE TERM OR CONDITION THE USER SHOULD NOT USE NOR REQUEST ANY SERVICE.
The Company reserves the right at its own discretion, to change, replace and insert any terms and conditions within this agreement at any time it deems fit. It is the Users sole responsibility to verify this agreement periodically regarding its entire content or any change or update that might have been introduced. The continued use of the Site or App and any Service provided constitutes an explicit consent on behalf of the user of the governing terms and conditions and any update that might have been introduced until that time of use.
Certain Services made available on the Site may been subject to additional terms and conditions. Until any time where the additional terms and conditions are in direct contradiction to the general governing terms and conditions, their validity and thus applicability shall prevail.
Subject to the Terms and Conditions in this Agreement, the services provided in connection with the Service are for the sole and individual use of the User. The Company can change, suspend, or discontinue the services at any time, including ceasing the availability of any functionality, product, service, data base or content. The Company can bestow limits to certain functionalities, services, products or access to Users as a part or as a whole under its own discretion, without prior warning and without undergoing any responsibility of such measures.
The User assures the Company, that in case of being a single individual (not a company) that he or she is older than 18 years of age. The User furthermore assures the Company that he or she is legally allowed to use the Service and take full responsibility for the selection and use of any of the services provided. This Agreement is deemed as invalid where by decree of any law part or all of its terms are considered illegal. The right of access to the Site or App or any of its Services are immediately revoked under any jurisdiction where there is a legal opposition to our Governing Terms.
The user is responsible for obtaining or maintaining any equipment or auxiliary service that is needed in order to be fully compatible with regards to accessing the provided services.
The User will not, nor allow any third party, directly or indirectly: (i) the use of re-engineering, dismounting, decompiling, or in any form trying to disclose the source-code or algorithms in use in whole or as a part of the services provided under the scope of the Site; ii) modify or create derivatives of any part of the Services; iii) rent or sublet, or use the Service for time-sharing or administrative services; or iv) remove or conceal any proprietary notifications of the Service. The Company withholds all proprietary rights and intellectual rights that are contained or constitute the Services as well as any copy of the whole or in part of these Services.
The user will not resort to any form of “deep-link”, “page-scrape”, “robot”, “spider” or automated methods, programs, algorithms or equivalent manual processes to access, acquire, copy or monitor any part of our Services or Content, or any other form of reproducing or avoiding the existing navigation structure or form in which the Services are presented, or any of its content. The Company reserves the right to terminate any connection related to these activities and to undertake any legal action deemed appropriate.
The User will not try to gain unauthorised access to any part of the service, any functionality, system or network that are directly or indirectly connected or associated to the Service, by means of “hacking”, “mining”, “phishing” or any other practice leading to obtaining unauthorised access to passwords or administrative credentials.
The User will not, by systematic attempt, track or test the vulnerability of the Service or any other network connected to the Service, nor shall try breaking, hacking, forcing, jamming, any other authentication method related directly or indirectly, within the same network or adjacent network connected to the Service.
The User will not take any action that can impose a heavy load on the Site’s or Service infrastructure, that is beyond reasonable need in order for an efficient provision of the Service. Any use considered excessive by the Company can be promptly terminated without prior notification and without any assumption of responsibility by the Company.
The User will not use any device, software, routine or try to interfere with the correct functioning of the Service or any of the transactions performed by the Service, or in use by any other person requesting or using the Service.
The User cannot use this Service or any of its content for any purpose that is illegal or prohibited by our Terms and Conditions.
The User shall not get involved in any activity, including but not limited to, posting, publishing, or transmitting any sort of texts, graphics or materials that: (i) are false or deceitful; ii) are damaging and defamatory; iii) invade third party privacy; iv) are obscene, pornographic or offensive or otherwise considered as such by the Company,;
v) promote fanatic beliefs, racism, hate or harm against any individual or group; vi) transgresses the rights of others, including any intellectual property, privacy or rights to publicity; (vii) violation, or the encouragement of any conduct that can lead to the violation of any applicable law or regulation, or that can give place to any civil liability, or (viii) uses the Service for, or as a part of, or in connection to any purpose that is illegal.
The use of Madeira Island Information services by the Companies / Partnerships or Sole traders
The Companies / Partnerships or Sole traders must undergo a Companies / Partnerships or Sole traders Contract with the company prior to opening a Madeira Island Information account. The Companies / Partnerships or Sole traders Contract includes additional terms that govern the relationship between the Company and set forth the guidelines to using the Madeira Island Information platform, including financial terms and conditions established between the Company and each Company / Partnership or Sole trader.
In conformity the User acknowledges and accepts this Agreement. The use of Madeira Island Information by the Company / Partnership or Sole trader is subject to the terms and conditions included in this Agreement as well as the Companies / Partnerships or Sole traders Contract. In case of conflicting terms between the Agreement and the Service Provider Contract, the latter prevails.
Registration & Security
The User may be required , in order to use certain products or services, to register with the Company using a valid e-mail, selecting a username and securely defining a password. The User will provide the Company with precise information and will be responsible for maintaining his profile data updated. By not complying with the previous condition constitutes a violation of this Agreement and can result in the immediate suspension and termination of the Users registered account. The User cannot (i) select or use as his/her username the name of any other individual or company with the purpose of pretense or to pass as that individual or person; or (ii) use a username any name that might have trademark or proprietary rights and for which use explicit consent has not been given by the legal owners of such name, trademark or property.
The Company upholds the right to refuse, deny, erase and ban any User at its own discretion.
The User is responsible for keeping his/her credentials, such as password and profile data strictly confidential and assumes total responsibility for any activities or actions performed by any individual making use of such credentials. The User must immediately inform the Company if he/she witnesses any sort of unauthorised access to their credentials or account.
The User agrees that all content and materials (collectively referred to as “Content”), delivered by means of the Service or any other method made available by the Company via its website, or mobile application are protected by copyright, registered trademarks, patented, trade secrets or other proprietorial rights upheld by law.
Except when explicitly authorised by the Company, in writing, the User agrees not to sell, license, rent/sublet, modify, distribute, copy, reproduce, transmit, publicise, advertise, publicly display, change, edit or create works with any material or content.
However the User can print or download in a limited and reasonable amount any material or content from the website or mobile application, exclusively intended for his/her information and reference; and as long as the User guarantees the protection of the proprietary rights.The reproduction, copy or distribution of any content, material or design elements on the website or mobile application for any other purpose is strictly prohibited without prior written consent provided by the Company.
Furthermore, the Service can allow the User to share content with other users or with the company (ex: via comments or other forms of shared communication or promotion). The User agrees not to use any of these functionalities to load, send e-mails, post, publish or in any other form transmit any content that: (i) violates any restriction here stated or (ii) is of commercial nature (unless previously authorised by the Company). The Company reserves the right to remove, without prior warning, and to its own discretion and form of content that does not fulfil these requirements.
By loading, uploading, transferring, sending e-mails, posting, publishing or by any other mean of transmission, any sort of content, via any service provided, or by providing any sort of feedback (such as, but not limited to: suggestions, complaints, ideas, results, modifications, improvement, translations, discoveries and observations) to the Company, the User, without any restriction and for perpetuity, concedes full rights to the Company, exempt of royalties, credits, copyright, or any renounces any other form of recognition or compensation.
The User also guarantees that he holds all the rights, upon submitting content, to uphold the unconditional concession of all of the previously claimed proprietary rights to the Company.
If the User removes any submission posted via the Service, the concessioned rights transferred to the Company will not be terminated and will hold as long as the User doesn’t request in writing, requesting that such rights be revoked by listing explicitly all the content previously submitted that should undergo removal. The Company cannot guarantee that all items previously submitted can be revoked and removed but will undergo, with reasonable diligence, and to the best of its capability, procedures to comply with the User’s request.
The User is responsible for all his activities in connection with the Service. The User will defend, indemnify and exempt the Company and its affiliates from any responsibility as well as exempt each if its employees, contractors, directors, suppliers and legal representatives from any responsibility, complaint, expenses, including legal representation that can arise from the User (i) using or making ill use of the Service; (ii) accessing any part of the Service, or (iii) violation of the terms of this Agreement.
Exemption of Warranty
This service is provided without any guarantee of assurance of any kind or in any form, including without any limitation, commercially applicable guarantees, aptitude for a particular purpose or non – violation. The company will not guarantee that (i) the service is exempt any virus or other harmful components or factors or (ii) that the results of using the service will fulfil the users expectations or requirements.
Limitation of Responsibility
The company will also not be held accountable for any loss or damage occurring directly or indirectly of the incapability of accessing the website or mobile application ( including without any limitation of any delays or interruption of the service related to electrical or mechanical failure, denial of service attacks, processing faults, database corruption, communication problems, internet and utilities failure. The previously stated limitations do not apply since they are already prohibited by law.
Third-party websites and products
The Website allows the User to access Services or products by means of links to other websites, service providers (including commercial), internet resources, collectively designated as “Third-party”, are not in any way controlled or under control by the Company and the User acknowledges that the Company cannot be held accountable or charged of any direct or indirect responsibility arising from any damage or loss caused by or from in connection with the Third-party, content, information, services, products or by any other means made available by the Third-parties. The User will indemnify and exempt from any responsibility the Company in regards to any complaints arising from or in connection to the provision, supply or sale of any service or product form any Third-party or brought upon due to any omission on behalf of the User, or by violation of any of the Terms and Conditions applicable. If the User has or holds any litigation with a Service Provider, the User will exempt the Company of any request regarding indemnification or compensation of any nature, known or unknown, provided by directly or indirectly by any provider involved in the litigation.
The Company can terminate the Users access to any or all of the Services provided at any time and for any duration, with or without reason, with effect from the moment of notification (which can be executed via email, without any need to prove that the email was opened or read by the user). After being notified, the User will not be able, and shall not try to access any of the Services. All provisions under this Agreement, will outlive, including, without any limitation, guarantees and liability the termination of the Service.
Exportation and Sales Control
The user agrees that he/she cannot import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information made available by, or in accordance with the provided Service, unless when in full compliance with the European laws and applicable regulations.
All the content on the Website and Mobile Application, such as texts, graphic elements, logos, icons, images, audio clips, video clips, digital assets, data compilations, source code and software are exclusive property of the Company or of its content suppliers and are protected under copyright laws and EEC author rights. The compilation of all site-wide content and mobile application content are exclusive property of the Company and are protected by EEC and International copyright laws.
Failures or faults of any part in exercising any aspect or terms of this Agreement, will not be considered as a resignation of any sort nor the dismissal of any terms or conditions.
The Company cannot be held responsible for any fault or failure to execute its obligations hereby defined, when these faults or failure arise from any reason that is not within reasonable control by the Company, including but not exclusively and without any limitation, mechanical failures, electronic or electric failures, communication failures (“noise over the lines”). If any provision under this Agreement is considered invalid or inapplicable, this provision shall be limited to its extent of applicability or removed but always in a way to enforce the binding conditions that guide the principles of the Agreement.
This Agreement cannot be reapplied, transferred or sub-licensed by the User without the express written consent by the Company. The Company can transfer, reapply, repurpose or delegate this Agreement, its rights and duties without any consent but its own. This agreement will be ruled and arbitrated in accordance by the laws of the EEC, as if the parties were both EEC citizens. All parties subject any dispute, exclusively to the State and Courts of the EEC and accept that all legal procedures are disputed exclusively under the EU jurisdiction.
All parties agree that this Agreement is complete and declare to have fully understood all of its terms and conditions. No agency, partnership, joint-venture or employment will arise from this Agreement and the User has no authority, of any kind, to establish any sort of imposition or obligation upon the Company.
What kind of information that the Company collects?
The information we collect from customers / users enables the Company to customise and enhance the services provided. The Company may receive and store any information that our customers / users provide on our website in any form. The type of personal information collected includes: full name, credit card / debit card data, username and password, purchase history and also other information necessary for the Company to provide its services. The personal information that our customers / users provide us may be used, for example, for the purpose of responding to requests to various services, customising the content you see, and communicating with customers / users about new services.
E-mail communication: The Company may use the client / user email address to contact you for administrative reasons, support services, to customers for promotional reasons, for reasons of infringement of intellectual property rights privacy, or for defamation issues.
What options do you have?
The customer / user may request that their account be deleted by sending an email to firstname.lastname@example.org Please note that some information may be stored in our records after the account has been deleted.
The customer / user may choose not to receive certain email communications during the registration process.
The Company uses safeguards, management and techniques to preserve the integrity and security of personal information of customers / users. The Company cannot, however, ensure or warrant the security of any information we transmit. If we know of any fault and security, we will try to notify the customer / user electronically so you can take the measures it deems appropriate.
The Company will post a news via the Website if a security breach happen.
Customers/users of the Website
The website is hosted in the EEC. If the customer / user chooses to use the Website in other regions with laws governing data collection and different use from those of the EEC.