Terms and conditions

 

1. Introduction

These General Terms and Conditions govern the access and the use of the website www.wayzor.pt , which is managed by Varela & Ca, Lda., with head office at Rua de Lisboa, Ed. Varela s/n, 9500-216 Ponta Delgada, Portugal (hereinafter “WAYZOR”). For any legal information whatsoever relating to the Website, any user may inspect the sections Privacy Policy and Cookie Policy, which constitute an integral and substantial part of these General Terms and Conditions.

The use of the Website by any user is subject to the following General Terms and Conditions, which implies the integral acceptance by the user. In the event that it does not accept these General Terms and Conditions, the user is pleased to exit from the Website.

WAYZOR may amend or simply update, in whole or in part, these General Terms and Conditions, as well as the Privacy Policy. Any amendments and updates to these General Terms and Conditions, as well as those related to the Privacy Policy, will be binding as soon as published in the relevant section on the Website. Users are therefore recommended to access on a regular basis to the sections General Terms and Conditions, Privacy Policy and Cookie Policy in order to verify the publication of the most recent and updated conditions.

The access and the use of the Website are available only and exclusively for personal use for the purpose of ordering WAYZOR products (the “Products”) or of obtaining the services made available by WAYZOR and for obtaining information on the same, and, therefore, are unrelated to any commercial, entrepreneurial and professional user’s activity.

WAYZOR will evaluate the fulfillment by any user of these General Terms and Conditions in its sole discretion. Any breach whatsoever of the same General Terms and Conditions may cause the withdrawal of the license granted by WAYZOR at any time whatsoever pursuant to the following Article 1 and in compliance with these General Terms and Conditions and WAYZOR may assert to pursue its rights in the widest manner allowed by the law.

Any user undertakes to indemnify and hold harmless WAYZOR, its affiliates and subsidiaries, as well as the relevant representatives, partners and employees, from any damages, liabilities, appeals or compensation requests, including the legal defense expenses in a reasonable measure, made by third parties as a consequence of the use of the Website by the relevant user in a manner not compliant with these General Terms and Conditions, and/or of any breaches of the conditions herein provided, and/or of any default pertaining to the representations and warranties provided in these General Terms and Conditions.

2. License

Notwithstanding what provided in other clauses of these General Terms and Conditions, WAYZOR allows any user to use this Website exclusively for its personal use and for informative purposes only, as provided by these General Terms and Conditions. Such use option may be revoked by WAYZOR, in its sole discretion, at any time whatsoever. Subject to the extent it is allowed by these General Terms and Conditions or by the law, the relevant user may not copy, use, transfer, rent, sublicense, lend, amend, adapt, attempt to modify or alter the source code, make reverse engineering transactions, decompile, disassemble or otherwise operate, in whole or in whatever part, on the content of the Website. By accessing the website, any user assumes the risk that the content of the same may be incomplete, inaccurate, not updated, or that may not satisfy its needs and requirements.

3. Contents and Limitation of Liability of WAYZOR

The access and the use of the Website, including the display of the webpages, constitute activities carried out by the users.

Any user will be the sole and only responsible of the use of the Website and its contents. Indeed, WAYZOR cannot be deemed responsible of the use (if any) of the Website by the user in a manner not compliant with the law provisions in force.

In particular, the relevant user will be the only and sole responsible for the communication of incorrect, false or third parties’ information and data, without their consent, as well as for the incorrect use of the same.

The contents of the Website may contain inaccuracies or typos. WAYZOR cannot be deemed responsible, in any case and for any reason whatsoever, neither for any inaccuracies and errors, nor for damages (if any) caused or arisen by the trustworthiness created by the users based on the information derived from the Website or by means of the same. Any user will be the only and sole responsible of the evaluation of the information and the content obtainable by means of the Website.

The Website and all the information and contents published therein may be amended by WAYZOR in any moment whatsoever, from time to time and without prior notice.

Since any material will be downloaded or otherwise obtained by the use of the service, upon user’s choice and on its own risk, any liabilities for any damages (if any) to computers or losses of data resulting from the downloading transactions carried by the user, fall on the same user and may not be imputed to WAYZOR. WAYZOR disclaims any liability for damages (if any) arising from the inaccessibility to the services available on the Website or for damages (if any) caused by virus, damaged files, errors, omissions, service interruptions, contents cancellations, issues related to the web, the providers or to telephone and/or telematics connections, unauthorized accesses, data alterations, missing and/or defective functioning of the electronic devices of the relevant user.

Any user is responsible for the custody and the correct use of its own personal information, as well as for any harmful consequence or prejudice that may arise on WAYZOR or third parties following the incorrect use, the loss or the steal of such information.

In the event of registration, the relevant user is responsible for the custody and the correct use of its credentials, that allows to access to reserved services. In such event, the relevant user is bound to choose a user ID and a password. Furthermore, the relevant user is bound to provide specific information that shall be correct and updated. The user cannot choose a user ID pertaining to another subject with the aim of use its identity. Furthermore, a user cannot use the user ID pertaining to another subject without its express consent.

Any user is bound to guarantee the confidentiality of its password, avoiding sharing the same with third parties.

Any user is fully responsible for any action undertaken by means of its account, either directly or by third parties authorized to do so by the same user. Each abusive, fraudulent or, in any case, illegal use causes the immediate withdrawal of the license in WAYZOR’s sole and absolute discretion.

WAYZOR has adopted suitable technical and organizational measures in order to safeguard the security of its services on the Website, the integrity of data related to the electronic traffic and communications in relation to the forms of use or knowledge not allowed, as well as to avoid risks related to dissemination, destruction or loss of data and confidential and not confidential information, related to its users, being present on the Website, or related to the access – not authorized or not compliant with the applicable law provisions – to the same data and information.

Nevertheless, WAYZOR does not warrant and cannot guarantee that there is no virus on the Website or any element that may adversely affect any technology.

4. Access to the Website, Interruptions and Suspensions

WAYZOR will attempt a continuous access to the Website; nevertheless, the access to the Website may be suspended, limited or interrupted at any time whatsoever. The access to the Website, furthermore, may be limited occasionally in order to allow restorations, maintenance or introduce new functionalities or services. WAYZOR will attempt to restore the access as soon as possible. Furthermore, WAYZOR hereby reserves the option to block the access to any material and/or to remove any material that, in its sole and absolute discretion, may cause breaches of these General Terms and Conditions.

WAYZOR hereby reserves the option to close the account of each user that violates these General Terms and Conditions, including in the event that it is verified that an user is using proxy IP addresses in order to attempt to hide the use of multiple registration accounts, or to purport to be placed in a Country other than the one in which it actually is, or that causes disruptions to the functioning of the Website in any manner whatsoever.

5. Data Protection

Any user is recommended to inspect the Privacy Policy, which constitutes an integral part of these General Terms and Conditions, for the purposes of understanding how the Website collects and uses the user’s personal data and for what purposes.

6. Intellectual Property Rights

All rights are reserved. The Website and its whole content, including but not limited to, articles, opinions, other texts, lists, guides, photos, figures, pictures, video and audio clips and marketing texts, as well as marks, logos, domains names, firms or service marks and any other material that may be subject to property rights (including the source codes) and/or any other form of intellectual property (hereinafter, together, “Material”), are property of WAYZOR or of other third parties, and are protected against the unauthorized use, the copy and the dissemination by the national laws concerning author’s right, marks, marketing and other laws and by international treaties. Nothing included in these General Terms and Conditions and/or in the Website shall be interpreted as an implied granting, for acceptance or of other kind, of a license or of a right to use any Material in any manner whatsoever without the prior written consent of WAYZOR or of the third party owning the Material or the intellectual property published on the Website. Using, copying, reproducing, amending, republishing, updating, downloading, sending by mail, transmitting, distributing or duplicating or any other abusive use of the Material are forbidden. In its capacity of user of the Website, the relevant user accepts not to use the Material for illegal purposes and not to breach WAYZOR rights.

Nevertheless, any user may find and display the content of the Website and/or the Material on the screen of a computer, store such content in electronic form on a disk (but not on a server or on a memory device connected to a web) or print a copy of such contents for its personal and not commercial use, subject to the preservation of all the notes related to the author’s rights and the other intellectual property rights.

Accessing the Website does not grant to any user any rights on the contents made available by WAYZOR.

7. Links to other Websites

In the event that the Website includes links to third parties’ websites and to resources provided by third parties (“Other Websites”), WAYZOR hereby specifies that the links to such Other Websites are included exclusively for information purposes and for user’s convenience. WAYZOR has no control on the Other Websites and therefore, does not assume any liabilities for such Other Websites or for the content or the products of the Other Websites (including, but not limited to, the reference to social networks such as Facebook) and does not assume any responsibilities for any losses or damages that may arise from the use of the Other Websites by the user, also with reference to the processing of its personal data during its web surfing transactions. In the event that the relevant user decides to access any of the Other Websites, the link to which is provided on the Website managed by WAYZOR, it will do so on its own and exclusive risk.

Any user shall; therefore, pay attention in connecting to the Other Websites through the links on the Website managed by WAYZOR and read carefully their terms and conditions and privacy policies.

8. User's Representations and Warranties

Any user represents and warrants that:

  1. it has read and fully understood these General Terms and Conditions;

  2. it will refrain from reproducing, duplicating, copying, selling, reselling and in any case exploiting for commercial purposes the Website or its contents or a part therefore, as well as from reproducing or using in any manner the marks and logos of WAYZOR;

  3. it will not publish or use false, libelous or defamatory data;

  4. it will refrain from any form of use, direct and/or indirect, of the services and of the Website that is against the law or not compliant with what provided in these General Terms and Conditions of the Website or on the Website;

  5. it will not disseminate virus, spyware, adware, rootkit, backdoor, Trojan and other similar IT threats;

  6. it will not use software or other automatic or manual mechanisms in order to copy or access the pages of the Website and their content.

9. Miscellanea

In the event that any part whatsoever of these General Terms and Conditions is judged invalid, such part shall be deemed non-written and the remaining clauses that will be maintained valid and enforceable.

These General Terms and Conditions are governed by the Portuguese according to the agreements executed in this country.  If the parties are unable to reach an amicable agreement, any claims and disputes concerning the interpretation, implementation and/or application of this Agreement, shall be definitely settled before the Courts of Lisbon, with express waiver of any other.

Client may contact the Client Support Service for any matter related with the Terms & Conditions or for any query related with the use of the Website, through registered post with a form of acknowledgment of receipt at the address [*] or through the e-mail [*]