General Terms of Use

Effective as of: April 20, 2020

These general terms of use and legal information (hereinafter, the “General Terms”) apply to the website of Comerciantes.pt (hereinafter, “comerciantes.pt”), whose domain is www.comerciantes.pt, and to its related mobile application, including comerciantes.pt’s websites worldwide (hereinafter and collectively, the “site”). The site  belongs to comerciantes.pt. By using the site, you agree to these terms of use. If you do not agree, please refrain from using it.


comerciantes.pt hereby makes available to users (hereinafter, the “User” or “Users”) the comerciantes.pt website.


Object

comerciantes.pt is a technology platform whose main activity is the development and management of a technology platform through which certain local stores in a number of territories can offer or include their products and/or services by means of a website (hereinafter, the “site”) and, in an ancillary manner, where applicable and if so requested through the site by users of the site and consumers of the said local stores, act as an intermediary in the purchase of the products.


comerciantes.pt has thus developed a Platform through which a variety of merchants, with which comerciantes.pt may have in place a commercial agreement for the use of the platform, offer and/or may include a selection of products and services. Customers can request the purchase and/or collection of products and services from such merchants. In such cases, comerciantes.pt acts as a mere intermediary and is therefore unable to assume, and does not assume, any responsibility for the quality of the products or for the proper provision of the services offered directly by the merchants or by such third parties.


Throughout these General Terms of Use, customers will be referred to as Users of the site.

Terms of Use

By accessing the Platform and voluntarily creating a profile, all Users acknowledge and expressly and unambiguously agree to these General Terms of Use and Contracting and to the Privacy Policy and the Cookie Policy.


Access and Registration for Customers

In order to be a Customer of the Platform, it is essential that you meet the following requirements:


  • You must be at least 18 years of age.
  • You must truthfully complete the mandatory fields of the registration form requesting personal details such as the user’s name, e-mail address, telephone number and bank card number.
  • You must agree to these Terms of Use and Contracting.
  • You must accept the Privacy and Data Protection Policy
  • You must accept the Cookie Policy 

The User warrants that all the information regarding his/her identity and capacity provided to comerciantes.pt in the registration forms for the Platform is true, accurate and complete. In addition, the User undertakes to keep his/her details up to date.


If a User provides any false, inaccurate or incomplete information or if comerciantes.pt considers that there are well-founded reasons to doubt the truthfulness, accuracy or integrity of such information, comerciantes.pt may deny that User current or future access to, and use of, the Platform or any of its contents and/or services.


When registering on the Platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, comerciantes.pt recommends that users do not use the same login credentials as on other platforms. If a User uses the same login credentials as on other platforms, comerciantes.pt will be unable to guarantee the security of the account or ensure that the User is the only person logging into his/her profile.


Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the site  that may be made by third parties, including the statements and/or contents entered on the Platform, or for any other action carried out under their username and/or password.


The user will be the sole owner of the content entered by him/her on the Platform. Furthermore, by registering on the Platform and agreeing to these Terms and Conditions, the User grants comerciantes.pt, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicize and exploit it in any way that may be deemed appropriate by comerciantes.pt, with or without any further communication to the User and without having to pay any amounts for such uses.


comerciantes.pt cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform comerciantes.pt immediately, using the communication channels made available by comerciantes.pt, if their credentials are stolen, disclosed or lost.


Profile


In order to complete their registration on the Platform, Users must provide certain details, such as username, e-mail address, telephone number, etc. Once they have completed the registration process, all Users can access their profile and complete or edit it, and/or deregister, as they deem appropriate. comerciantes.pt does not store users’ payment data, which shall be processed and stored by the payment service provider as described in these Terms and Conditions and in the Privacy Policy. 


Operation of the Service. Terms of the Mandate

When a User who is registered as a Customer needs help with an errand, he/she must go to the online platform and request the service using the said electronic methods. 


Customers are solely responsible for providing the correct addresses for delivery and collection on the Platform, and they therefore release comerciantes.pt from any liability for negligence or error in the delivery of the order as a result of the supply of incorrect addresses for collection and delivery. As a result of the foregoing, the Customer shall bear the cost arising from the provision of an incorrect address for collection and delivery on the Platform.


The Customer must provide all the information, in as much detail as possible, about the service to which the order relates and, if applicable, in relation to the product that he/she is buying. To do this, he/she may provide any comments he/she may deem useful in the “comments” section. The Customer will be in constant contact with the Merchant and may communicate with him/her at any time to ensure that he/she delivers out the mandate according to the Customer’s own instructions.


In order to facilitate direct communication with the Merchant and in the event of any incidents in the processing of the order and/or in order to inform of any changes thereto, comerciantes.pt makes available to users the Merchants’ contact allowing direct contact between the user and the Merchant while the order is being carried out. If a user wishes to contact the Merchant or comerciantes.pt after the order has been completed, he/she must use the Contact Page available on the Platform and contact customer service.


The Customer releases comerciantes.pt and the Merchant from any negligence or error in the indications given by the Customer for the purchase of the product ordered. As a result of this, the Customer shall bear the cost resulting from the provision on the Platform of incorrect indications regarding the products (such as an incorrect address or product).


If the product and/or service is not available, the Merchant must call the Customer to set out the available options. If the Customer does not accept any of the options set out by the Merchant and is therefore not interested in the alternative options, he/she must accept the cancellation policy set forth in these General Terms of Use (Section Nine). If the Customer does not answer the phone, the Merchant shall wait 24 hours before cancelling the order.


If the Customer is not at the place agreed for delivery, the Merchant shall retain the product for 24 hours, or for 5 minutes in the case of perishable products. In addition, the Customer must bear 100% of the cost of the delivery service as well as the price of the product if one has been purchased or contracted through the Merchant at the Customer’s request, and will have to pay for another service in order to receive the products that were not delivered. The Merchant will in no event be liable for the deterioration or expiry of the product to which the order related.


Once the order has been completed, the Merchant shall give the Customer the paper receipt for the order and/or provide it by e-mail. 



Product Returns 

If a Customer wishes to return a product or make a claim about the provision of a service, without prejudice to comerciantes.pt’s ability as intermediary to take over the handling thereof, the party with ultimate liability shall always be the merchant at which the purchase was made. If the Customer obtains a refund for the purchase price, the merchant will decide how to make the refund (cash, credit card, store voucher, etc.). Therefore, the return of a product purchased by the Merchant pursuant to a mandate conferred by the Customer shall be subject to the merchant’s returns policy in any event.


The Customer must check the products delivered by the Merchant at the delivery address before signing and ratifying the mandate. The Customer (and/or the said third party) is thus responsible for checking that the service provided is adequate as well as, where applicable, for collecting enough evidence to prove that it was not.


In any event, the decision regarding whether a return is appropriate will lie with the merchant in each case. The Customer must therefore inform comerciantes.pt through the methods provided by comerciantes.pt for that purpose if a dispute arises.


Prices of the Services and Billing

Registration and use of the Platform is completely free for Customers.


The Customer only has to pay for each service requested through the Platform for his/her use thereof to order products, as well as for the delivery provided by the Merchant. 

Payment Platforms

Payment for products and/or services offered on the Platform and sold in person stores and delivered to Customers in a deferred manner is temporarily made to comerciantes.pt’s partner EuPago via Multibanco service, who then sends it to the stores with which it has a commercial agreement in place. The associated establishments authorize comerciantes.pt’s partner EuPago to accept payment on their behalf. 


Payment by Customers for products and/or services is received at comerciantes.pt’s partner EuPago through Multibanco. Multibanco is authorized to provide regulated payment services in all Portugal in which comerciantes.pt’s partner EuPago operates and are in compliance with the current legislation applicable to payment services for Platforms such as comerciantes.pt.


If the User has any problem with the progress of his/her order, he/she may contact directly the Merchant and as last resort comerciantes.pt’s customer service through the methods made available to Users on the Platform.


 

Price of the Products and/or Services Appearing on the Platform

All the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory of Portugal from which the User operates and shall in any event be denominated in the currency in force in the territory from which the User operates.


In accordance with Clause 6 above, the prices applicable to each service shall be as published on the Platform, subject to the specific characteristics set forth above, and applied automatically at the last stage of the contracting process.


The Customer may be in direct contact with the Merchant, both when placing the order and during its delivery, to tell the Merchant which product is being ordered.



Right of Withdrawal and Cancellation of Orders

In accordance with the nature of the service offered by comerciantes.pt, the User is aware that, once a Merchant has voluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User may therefore no longer be entitled to withdraw the service request free of charge.


          Without prejudice to the foregoing, cancellation fees may depend on the following factors;


  • If the establishment has already accepted the order and started preparing it, the User will be charged the price of the products. The user will be informed of the restaurant’s acceptance through the Platform and/or by e-mail at the e-mail address registered by the user.  
  • If the user cancels the order once the Merchant has accepted it for processing, the user will be charged the cancellation fee. The user will be informed of the Merchant’s acceptance through the Platform.
  • If the restaurant or establishment and the Merchant have accepted the order for processing, the user will be charged both the price of the products and the cancellation fee.

The User may check the total cancellation fees for each order using the Platform’s “Cancel” button. The User will be shown the charge to be applied, based on the factors described above, in advance.


In the case of certain cities, it may not be possible to view the cancellation fees directly on the Platform. In such cases, the applicable cancellation fees will be those set forth in Annex II hereof.


In addition, if the Merchant has already purchased the product ordered or contracted a service at the time of cancellation, the user may ask the Merchant to return it. To that end, the User must pay the products’ full purchase price and delivery costs, as well as the cost of the return service. If the Merchant has been able to return the product, its value will be refunded to the User who, as mentioned above, must pay the cost of the two collection and delivery services as well as the return service. The return shall in any event be subject to the merchant’s return policies, and the Customer therefore states that he/she is aware that, in the case of perishable products (e.g. food), the return may not be possible and comerciantes.pt will therefore be entitled to charge him/her for both the product already purchased by the Merchant under his/her mandate and for the cost of the delivery service incurred.


If the Customer has given an incorrect delivery address for the products, he/she may enter a new address at any time provided that it is within the same city as the original order and this is a city in which comerciantes.pt provides its intermediation service. In such case, the Customer will be ordering a new service and agrees to be charged the appropriate amounts for the new delivery. If the address is in a different city from the one originally specified, this may not be modified for delivery in a new city, and the order will be cancelled, with the Customer bearing the resulting costs as provided in this clause.


comerciantes.pt reserves the right to cancel an order without having to provide a just cause. In the event of cancellation at comerciantes.pt’s instance, the User shall be entitled to a refund of the amount paid.


comerciantes.pt has official claim forms available to consumers, in the official languages of the countries in which comerciantes.pt operates, in relation to the service offered by it. Consumers may request the above-mentioned claim forms through comerciantes.pt’s customer service, and the option to access them will be sent automatically. The consumer’s e-mail must specify the exact location from which the request is being made, which must be the same as the place where the service is to be carried out. In the event of doubt, the claim should be made from the latter place.     


Special Terms of the Purchase Service Ordered through comerciantes.pt


If a User wants to know the composition and nutritional information of the products available on the Platform, he/she must contact each establishment directly (using the contact details provided by comerciantes.pt for the user’s convenience) in order to access full information about the products.


Once the Customer has selected one of the options, he/she can also complete the order by using the free-text space provided in order to include more detailed information or instructions for the Merchant who is to carry it out.


The Customer is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the Platform, are provided based on the information and documents supplied by the Merchants, and that comerciantes.pt is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs.


Furthermore, the Customer accepts that all the products appearing on the comerciantes.pt platform are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service may be found not to be available at the Merchant.

comerciantes.pt reserves the right to withdraw any product from its platform, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.

 

Purchases of Alcohol

Users who place an order that includes the purchase and/or delivery of alcoholic drinks through the platform must be of legal age; i.e. 18 or older. When making an order that includes alcoholic drinks, the User confirms that he/she is at least 18 years old. The Merchant reserves the right to refuse the order for the purchase and/or delivery of alcohol to any person who is unable to prove that they are at least 18 years old.


This clause will apply in exactly the same way to any other similar product and/or service ordered by a User through the Platform that is reserved for over-18s under the current legislation.


Products from Pharmacies

In accordance with the current legislation, comerciantes.pt does not sell or advertise medicines for human use through the Platform.


In any event, comerciantes.pt will accept no responsibility for Users’ use of the products ordered in the Pharmacy section or be liable for the amounts and/or condition of the products dispensed at pharmacies.


In addition, the Platform may provide the pharmacy that dispenses the medicine ordered by the User with the latter’s username and phone number so that it can answer the User’s questions. This disclosure of data will in any event be subject to the User’s express and unambiguous authorisation in accordance with the applicable data protection legislation.

 


Policy on the Delivery of Unauthorized Items

Non-Exhaustive List of Examples:


  • Animals and Regulated Species

Animal parts or fluids; banned seeds, harmful plants; regulated plants or other organisms (including their by-products) which are endangered or whose trade is regulated by law as applicable in any case.

  • Child pornography
  • Pornographic material involving children or content that may be perceived as erotic paedophilia.
  • Copyright on Software and Media

Unauthorised copies of books, music, films and other protected or licensed materials, including properly referenced copies; and unauthorised copies of software, video games and other protected or licensed materials, including from OEMs or other products that cause unsolicited messages to be sent.

  • Counterfeits and unauthorised products

Copies or imitations of designer products or other goods; items belonging to celebrities that would usually require authentication; false autographs; foreign currency; stamps; tickets; or other unauthorised goods.

  • Devices or tools for overcoming security measures

Modems, chips or other devices for dismantling technical protection measures as well as on digital devices, including for unlocking iPhones.

  • Drugs

Controlled substances, narcotics, illegal drugs and their paraphernalia, including psychoactive and vegetable drugs such as psychedelic mushrooms, as well as materials promoting their use; or legal substances such as plants and herbs presented in a form that suggests they should be ingested, inhaled, extracted or used in any other way that may result in the same use as an illegal substance, drug or component or that claims to have unproven health benefits.

  • Gambling and Betting

Lottery tickets, bets, online betting site memberships/registrations, and related content. Permitted promotion of physical casinos.

  • Products Sold in Pharmacies

Prescription drugs are not ordered/delivered.

  • Materials for hacking and cracking

Manuals, guides, information or equipment that infringes the law by damaging or fraudulently facilitating access to software, servers, websites or other protected property.

  • Human Body

Organs or other body parts; body fluids; stem cells; embryos.

  • Stolen or illegal goods

Materials, products or information that promotes illegal goods or facilitates illegal acts; goods not belonging to a person or which a person has no right to sell; goods produced in violation of third-party rights; goods infringing import, export or labelling restrictions; motor vehicles that are subject to transfer restrictions. You (the comerciantes.pt User) are solely and fully responsible for checking that all items are genuine and legal.

  • Illegal telecommunications equipment

Devices aimed at obtaining satellite signals without payment, illegal products for modifying mobile phones and other equipment.

  • Goods, literature, products or other materials that:
    • Are defamatory of any person or group of people based on their race, ethnic origin or country of origin, religion, gender or any other factor.
    • Are defamatory of any person or group of people who are protected from defamation by the applicable law (e.g. the royal family in some jurisdictions).
    • Praise or incite the commission of violence.
    • Promote intolerance or hatred.
    • Promote or support membership of terrorist groups or other organisations that are prohibited by law.
    • Are contrary to public morals.
  • Offensive goods related to a criminal offence

Photographs of, or objects from, a crime scene, such as personal belongings, associated with criminals or criminal acts.

  • Precious materials

Bulk sales of rare, scarce or valuable stones or materials.

  • Culturally protected artefacts

Materials covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or other goods whose sale, export or transfer is restricted by law; artefacts, cave formations (stalactites and stalagmites);

  • Pyrotechnic devices and dangerous substances requiring special permission

Pyrotechnic items and related goods in markets in which their supply is regulated, as well as substances such as petrol or propane.

  • Traffic-related devices

Radars, number plate holders, illegal traffic-modification devices and related products.

  • Weapons

Firearms, ammunition and other items including, without limitation, firearms, knives that are either undetectable or easy to conceal, martial arts weapons, silencers, ammunition or ammunition magazines.

  • Money and Foreign Currency

Foreign currency or currencies insured with precious metals, as well as banknotes, coins or any other valuable securities


The User’s Obligations

Users are fully responsible for the proper use of, and access to, their profile and other Platform contents in accordance with the current legislation, of Portugal, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use.


Users are responsible for correctly entering their individual usernames and passwords, which must be non-transferable and sufficiently complex, and for not using the same username and password as on other platforms, all this in order to protect their account from fraudulent use by third parties not belonging to the platform.


Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests, or that may in any way damage, disable, affect or impair the Platform and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Platform.


comerciantes.pt may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any of the opinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of their issuers.


Any persons who breach the above obligations shall be liable for any loss or damage caused by them. comerciantes.pt will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.


In general, Users undertake, by way of example without limitation:


  • To refrain from altering or modifying the Platform, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
  • To refrain from infringing industrial and intellectual property rights or the rules on personal data protection;
  • To refrain from using the Platform to insult, defame, intimidate or harass other Users or attacking their image;
  • To refrain from accessing other Users’ e-mail accounts;
  • To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to comerciantes.pt’s or third parties’ contents or systems;
  • To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
  • To refrain from advertising goods or services without comerciantes.pt’s prior consent.

Any User may report another User if he/she believes that the latter is in breach of these General Terms of Use. Similarly, any User may inform comerciantes.pt of any abuse or infringement of these terms through the Contact Form. comerciantes.pt will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Platform for breach of these General Terms of Use. Furthermore, comerciantes.pt reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.


Deregistration by Users

Users may deregister from the Platform by sending an e-mail through the Contact Page of the Platform.


comerciantes.pt’s Responsibility

Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Platform. Users can report any incidents or problems accessing the Platform to comerciantes.pt using the contact channels made available to Users, and comerciantes.pt will analyse the incident and instruct the User on how to resolve it as quickly as possible.


comerciantes.pt does not control, and is not responsible for, the contents uploaded by Users through the Platform, and Users are solely responsible for the lawfulness of such contents.


comerciantes.pt will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.


comerciantes.pt accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:


  • The presence of a virus in the User’s computer system or mobile handset used to connect to the Platform’s contents and services;
  • A malfunction of the browser;
  • The use of outdated versions thereof.


Responsibility for Content

comerciantes.pt does not control (and is under no obligation to control) how Users use the Platform. It therefore does not guarantee that Users use the Platform in accordance with these General Terms of Use or in a diligent and/or prudent manner. comerciantes.pt does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.


comerciantes.pt will not check the products sent or delivered through orders on the Platform. Both the User and the Merchant therefore release comerciantes.pt from any liability that might arise from the availability and/or transport of products requiring specific permissions or licences, or of products forbidden by any applicable legislation, as described (by way of example without limitation) in Clause 15 above. If comerciantes.pt becomes aware that the User and/or the Merchant is/are using the site to transport prohibited products, comerciantes.pt may launch an internal investigation to ascertain the facts, take any legal action that may be necessary and/or block the User or Merchant in question until the investigation has been completed. The measures available to comerciantes.pt include providing the authorities with data and information on the Users and Merchants.


comerciantes.pt rejects any liability for damages of any kind that may arise from Users’ illegal use of the Platform or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Platform. In particular, comerciantes.pt accepts no responsibility for the use of the application or for any orders that may be made by a third party from the User’s account.


Notwithstanding the foregoing, comerciantes.pt reserves the right to fully or partly restrict certain Users’ access to the Platform, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, comerciantes.pt may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Platform, Users assign to comerciantes.pt all exploitation rights arising from the contents thus supplied.


No Warranty in orders or Payments

comerciantes.pt gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights by Merchants. In this regard, Users state that they understand that comerciantes.pt is a technology platform whose main activity is intermediation; in other words, it puts Customers and Merchants in contact with each other; and that it therefore accepts no liability arising from the information provided by Merchants or for any loss or damage that may potentially be suffered by them due to a breach of these General Terms of Use. When an order is placed on the site and accepted by the Merchant, a direct relationship is established between the User and the Merchant. comerciantes.pt is not a party to this relationship and merely provides the site to enable the Parties to communicate and place as many orders as may be necessary. comerciantes.pt will therefore never be liable for the availability of Merchants or for their adequate and satisfactory performance of orders.


comerciantes.pt makes no assertions or confirmation regarding any Merchants or their identity or background information. Notwithstanding the foregoing, comerciantes.pt and their partners may potentially carry out additional checks and put into motion procedures designed to help check or verify the identity of Merchants. In this regard, when a User achieves Merchant status, this simply indicates that the said user has completed the relevant registration process and has accepted these General Terms of Use and any other specific conditions that may apply to him/her. Such status implies neither certification nor endorsement by comerciantes.pt as to such User’s reliability, suitability and/or safety.


comerciantes.pt therefore recommends that Customers always use common sense and their full attention when delegating an order to a particular Merchant.


By becoming members of the Platform, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the Platform or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against comerciantes.pt.


Updates and Changes to the Platform

comerciantes.pt reserves the right to amend these General Terms of Use, the Privacy Policy and the Cookie Policy at any time and without prior notice. Users must carefully read these General Terms when accessing the Platform. In any event, acceptance of the General Terms is an essential step to be taken before accessing the services and contents available through the comerciantes.pt Platform.


In addition, comerciantes.pt reserves the right to update, amend or delete the information contained on its Platform, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. comerciantes.pt does not guarantee the absence of errors or interruptions when accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing, comerciantes.pt shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.


Intellectual Property

comerciantes.pt is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as of the contents that can be accessed through it. The intellectual property rights of the Platform, as well as the text, images, graphic design, browsing structure, information and contents included therein, are the property of comerciantes.pt, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the Portuguese legislation on intellectual and industrial property rights.


In spite of the foregoing, comerciantes.pt may not be the owner or licence holder of content such as names or images, among others, of companies with which comerciantes.pt does not have a business relationship. In such cases, comerciantes.pt acquires the content from publicly available sources, and comerciantes.pt shall in no event be deemed to be related to any right belonging to comerciantes.pt.


Authorizing a User to access the Platform does not imply the waiver, transfer, licensing or full or partial order by comerciantes.pt of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the comerciantes.pt Platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicizing, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the comerciantes.pt Platform for public or commercial purposes are also prohibited, save with comerciantes.pt’s express written authorization or, where applicable, that of the owner of the rights concerned.


Any User who shares any content of any kind through the Platform asserts that he/she has the necessary rights to do so, releasing comerciantes.pt from any liability regarding the content and lawfulness of the information supplied. By providing content through the Platform, Users assign to comerciantes.pt, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.


Severability

If any of the clauses of these General Terms is found to be void by operation of law or voidable, it shall be deemed not to have been included. Such declaration of nullity will not cause the rest of the Agreement to be void, and the said Agreement shall remain valid and effective between the Parties.


Applicable Law

The relationship between comerciantes.pt and the User shall be governed and construed in accordance with the General Terms, whose construction, validity and enforcement shall be governed by Portuguese law; and any disputes shall be submitted to the Courts of Lisbon.


Alternative Dispute Resolution

Any disputes or disagreements arising outside the European Union shall be submitted to the Portuguese Court of Arbitration of the Chamber of Commerce. 

DE VOLTA AO TOPO