TERMS OF USE OF THE SITE
Welcome to www.coverflex.com (“Site”). Please read attentively the following Terms of Use before using our site. By accessing or using this Site, you recognize having read, understood and agreed with these Terms of Use, without the need of any other act or subsequent agreement. If you do not agree with these Terms of Use, you shall not access or use the Site. Coverflex holds the right to alter these Terms of Use and, therefore, you should check them periodically, since once altered they will be put into force on the date in which they are published on the site.
- Property. www.coverflex.com is a site, which provides and makes available the adherence, and management of a platform for the Coverflex Program (to know more about the Coverflex Program, please click here: [link of the Terms and Conditions]). This site is owned and managed by UNIVERSAL COVER, S.A with registered office at EN 101 Av. Barros e Soares, 423, 4715-214 Braga, Portugal, with the company number 515.428.515 (henceforth “Coverflex”). In order to contact us, please send an email to [email protected] or use our chat.
- Content. Coverflex may add, alter or erase materials of this Site at any time if it decides to do so. Coverflex will deploy all reasonable efforts to include precise and updated information on this Site, however it will not provide guarantees, commitments or statements of any kind related to its precision, up-to-datedness, quality, completeness or adequacy related to it. Coverflex refuses any and all guarantees, in an express or tacitly manner in its extension allowed by law. Neither Coverflex nor any Third Party involved in the creation, production or distribution of this Site can be held accountable for any loss, damage, cost, either contractual or non-contractual (negligence included), or any other that arises in consequence of the trustworthiness of the information presented in this Site, of its accessibility, use or inability to use this Site, or any errors or omissions of its content. This limitation includes any loss, damage or cost caused by any virus that infects the equipment, software or data of your computer.
- Chat Use. Our Site has at your disposal a support chat. Its usage is subject to an attempt by Coverflex to obtain the user’s email address. The user recognizes that the availability of its email address and its registration in the Client Area will mean that conversation exchanges made in the chat will always be stored and associated to the user’s email address. If you choose not to provide your email address, or you did not proceed to register at the Client Area, the chat conversation exchanges will remain anonymous, without prejudice of the voluntary provision of personal user data during the use of the chat. For more information about the treatment of the personal data information of the Site user, please refer to our Privacy Policy here.
- Intellectual Property. “Site Content” is to be understood as all the information included in this Site, including, among other elements, trademarks, industrial designs, logotypes, writings, images, photos, illustrations, audio and video materials, look and feel, webdesign and software. The Intellectual Property Rights of all site content that were not provided externally and are properly identified as such, are of the exclusive property of Coverflex and are under protection of Intellectual Property Law, Copyright Law and connected Rights, as well as the Legislation of Computer-related Crimes. This Site contains additionally writings, illustrations and photographs, which cannot be copied, altered or distributed with the exception of there being the expressed authorization by the authors. Coverflex and/or its administrators and employees reject any liability for the usurpation and misuse of the elements aforementioned. It is strictly forbidden to copy, modify, reproduce, transmit or use of the Site content, by any means or for any purpose without the previous explicit consent of Coverflex, or of any of its authors in relation to the content, which is licensed and properly identified as such. Coverflex reserves the right to initiate legal proceedings against the authors of any copy, reproduction, diffusion, non-authorized commercial exploration or any misuse of the Site’s content, rejecting any responsibility for any misuse of the Site by third parties.
- Confidentiality. During the use of our chat, the user recognizes that organizational, commercial, technical and financial information belonging to both parties might be made available and/or information relating to the Services to be provided by Coverflex and to the functioning of the Client Area on the Site. The Parties recognize as being confidential any and all information defined as confidential, committing to not divulge to third party entities, not to use, for its or third party benefit, that same information and to protect the confidential information in an appropriate manner. This obligation of confidentiality will not be required, provided that the information is known by the other party at the date of its disclosure, that it was obtained in a legitimate manner and it becomes public knowledge to no fault of Coverflex, or if a Third Party transmitted that same information in a legitimate manner or if its divulgence is required by law or by a judicial decision.
- Data Protection. Coverflex respects the privacy of the Site users. Please consult our Privacy Policy here, which explains the user’s rights and the conditions of personal data use (including the use of cookies) that are made available through the Site. You shall not access or use our site if you do not agree with our Privacy Policy.
- Security. Without prejudice of the commitment made by Coverflex of the personal data confidentiality and enforcement of safety measures against the intrusion of non-authorized third parties, the users of this site state that they are perfectly aware of the characteristics and constraints, Internet limitations and defects, namely, that the data and information transmission via Internet, circling in heterogeneous networks with different characteristics and technical capabilities, benefit from a relative technical reliability. These constraints may disturb or impair the access during certain periods. The users recognize, and accept to run the inherent risks that each site is subject to, that any website is subject to intromissions made by non-authorized third parties and can, consequently, be interrupted, as well as the information that circulates on the Internet is not protected against potential virus, deviation (free access) and that any person is susceptible to create a connection with access to the website and/or with elements belonging to it. Coverflex and/or its administrators and collaborators cannot, in any case, be hold accountable for accidental or voluntary damages suffered by the users and provoked or not by third parties during the use of the services provided in this Site or in any other place in the Internet that may have had access through it. Coverflex and/or its administrators and employees are not hold accountable for any damage that may have been caused by the use of the service, including virus attacks.
- Liability. The user agrees using and accessing this Site according to the law and commits not to do anything that may damage, interfere, block the access, interrupt or impair the functionalities of the aforementioned by other users. The information presented in this Site was included in good faith and it serves exclusively as direct information for the user, the use being of its own responsibility. Coverflex, without prejudice to the compliance with the personal data protection, reserves the right to carry out changes and corrections, including to suspend, interrupt or terminate the Site when it deems so appropriate. Coverflex can carry out said actions without prior notice and for the period that it deems necessary, for any technical, or administrative reasons, force majeure, or other any other reason, and cannot be held responsible for doing so. Coverflex and/or its administrators and employees are not liable and cannot be held liable for:
a) Existing hyperlinks in their service for third party sites, these being provided solely for the convenience and accessibility of the user;
b) For the content of third parties sites, the access and viewing being of the total responsibility of the user.
c) For the privacy policies of third party sites, being that the eventually existing hyperlinks do not apply to the acceptance of the corresponding contents neither an association of its owners on Coverflex’s Part.
d) For any action or content transmitted by or between the user and any third party inside or outside the Site and in spite of the attention to the editorial content, it does not, or cannot exercise control over all the messages.
e) For the accuracy and exactitude of the data and content placed directly by the user and who holds the entirety of the liability.
The user commits:
a) Not to transmit to this Site any illicit, threatening, insulting, racist, discriminatory, accusatory, defamatory, offensive, obscene, scandalous or pornographic content, or any other content that may constitute or encourage conducts which incites violence and illicit acts, Coverflex reserves the right to delete any message with such content.
b) Not to conduct any operations that may impair the functioning of the client area or the access to an area/account and respective content without the respective authorization, testing, evaluation or break down of any vulnerability of the security installed, install or try to install virus or programs that may damage and/or contaminate it, cause or try to cause attacks of a denial of service nature or recommend third parties to do it.
c) Not to insert messages of a marketing nature (with the exception of the explicit authorized situations by Coverflex, in which the user commits to comply with the legislation in force, namely the Portuguese Code on Advertising (“Código da Publicidade”) or for its own promotion. It is strictly prohibited the use of the Site for illegal purpose or any other purposes that may be considered damaging to the Coverflex image.
The non-compliance with the ethical rules of use and any lack of good manners entail the termination of the user of the available services, being that the usurpation, counterfeit, the exploitation of the usurped or counterfeited content and the engagement in unlawful identification and unfair competition practices punishable under the legislation in force. Coverflex will fully cooperate with any competent legal or judicial authorities that request or determine the disclosure of the identity to help with the identification or to locate any person that transmits content of that nature. The user may be held accountable for the non-compliance with the Terms of Use of this Site in accordance with the civil and penal legislation applicable. Coverflex may, based on a notification or communication, ascertain if the content transmitted to the Site by any user constitutes a breach of the Terms and Conditions and determine its removal. The Site user agrees to defend, indemnify and exempt liability from Coverflex and/or its administrators and employees to and against any claims or demands presented by any third party, as well as all obligations, damages, costs, and expenses connected (including but not limited to, reasonable legal fees) arising from and/or related with the use of this site by the user’s part, with contents transmitted by the user to the Site, with the user’s breach of any rights of a third party and/or if the user breaches the Terms of Use.
- Jurisdiction. The present Terms of Use are subject to and interpreted in accordance with the Portuguese law. In case of a dispute related to the validity, efficiency, interpretation, application or compliance to the present Terms of Use, Coverflex and the Client accept to submit these Terms of Use to the exclusive jurisdiction of the Lisbon Courts, explicitly wavering the judicial resource to any other.
