Terms and Conditions
IMOART-ARTE E DECORAÇÕES LDA.

 

WE RECOMMEND THAT YOU READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.

IMOART-ARTE E DECORAÇÕES LDA., corporate number 501336877, (hereinafter IMOART) with registered office at Zona Industrial de Olhão, 3ª Fase, Lote 8 e 17, 8700 – 284 Olhão, is a company dedicated to trade and industry in the construction sector, and is the owner of the domain www.imoart.pt (hereinafter, website), where its WEBSITE is hosted.

1. By using the website, whether through simple browsing or by establishing a commercial relationship with IMOART, the User hereby acknowledges and accepts that he/she is bound by the following Terms and Conditions (or Agreement), including any additional and specific terms and conditions that may apply, as well as other policies present on the website.

2. If you do not wish to be bound by these Terms and Conditions, you should not access the website and/or use its additional features.

3. These Terms and Conditions apply to all Users of the website, without limitation.

4. IMOART may update, modify or replace any part of these Terms and Conditions and the policies associated with them, announcing such modifications on a specific part of the website, and it is also the User's responsibility to periodically check for any changes.

5. Continued access and use of the website after the publication of any updates, modifications or replacements of these Terms and Conditions and the policies associated with them, with the exception of the privacy policy, constitutes acceptance of and agreement to such updates, modifications or replacements.

 

GENERAL CONDITIONS

 

1. ACCEPTANCE

 1. ​​The use of the website and its ancillary features depends on the acceptance of these Terms and Conditions, therefore, if the User does not accept these Terms and Conditions, he/she may not use the website and/or any ancillary features.

 2. By accepting these Terms and Conditions, the User makes such acceptance in his/her own name, guaranteeing that he/she has the necessary powers to make such acceptance.   3. The User, by accepting these Terms and Conditions, expressly declares that he/she will not use the website and ancillary features for any illegal and/or illicit purposes, that constitute fraud or that are not authorized.

 

2. ACCURACY AND INTEGRITY

 1. Users accept and acknowledge that IMOART is not responsible, nor can it be held liable, for the accuracy and integrity of the information made available on the website, which may be inaccurate, incomplete or out of date.

 

3. USERS

 1. By accepting these Terms and Conditions, the User declares that he/she is capable of accepting them and is over 18 years of age.

 2. Any breach of the provisions of the previous paragraph shall render the User liable for any compensation that may be payable to IMOART for any potential damages or losses that it may have incurred as a result of false statements.

 

4. ADDITIONAL FEATURES

 1. In order to send additional information about certain IMOART products and/or services, the following personal data will be requested:

   1. Name;

   2. Email.

 

 2. The User is responsible for the veracity, completeness and legality of the data provided at the time of the information request, as well as for its updating.

 

 3. If the request is made by a representative of the User, IMOART may request a document proving the necessary powers of representation for this purpose, and the User must provide this proof as soon as possible.

 4. The provisions of clause 6 of these Terms and Conditions apply to the personal data referred to in point 4.1.

 

5. INTELLECTUAL PROPERTY

 1. The User acknowledges that ownership and title to all intellectual property rights, including, in particular, rights to software, codes (source, object, etc.), copyright, designs, user interface, know-how, trademarks and trade secrets, are and will remain the property of IMOART.

 2. The use of the website and accessory features does not grant the User any license to the aforementioned rights, nor can it be assumed, at any time, that it does.

 3. These terms do not grant the User any rights to use any brands and/or logos belonging to IMOART.

 4. IMOART guarantees that, to the best of its reasonable knowledge, it does not violate any third party intellectual property rights.

 5. IMOART reserves all rights that are not expressly provided for and listed in this clause, and may not, at any time, be interpreted in a different sense, and in case of doubt, must always be interpreted in the sense that the use in question is expressly prohibited by IMOART.

6. The User is expressly prohibited from the following actions:

 1. Interfering with or interrupting the integrity or execution of the services;

 2. Attempting to obtain unauthorized access to the website and/or its computer systems;

 3. Creating derivative works from the website or any services provided within its scope;

 4. Accessing or using the website to build a competing service and/or product, or copying any resource, function or graphic for competitive purposes.

7. Should the User violate any of the aforementioned provisions, in addition to IMOART's right to immediately terminate this Agreement, the User undertakes to compensate IMOART in an amount not less than €500,000.00 (five hundred thousand euros), without this amount precluding the right to request additional compensation in court for losses and damages, namely, compensation paid to third parties and court and legal representation expenses.

 

6. PERSONAL INFORMATION AND PRIVACY POLICY

 1. The processing of personal information falling within the scope of data protection is governed by IMOART's Privacy Policy, which should be consulted for this purpose.

 2. The User may not use software tools to collect personal information, namely robots, crawlers or other automatic mechanisms.

 

7. SECURITY

 1. The User is responsible for obtaining, maintaining and paying for the necessary licenses for all hardware and software used to access the website.

 2. IMOART will take the necessary technological measures to effectively protect computer systems and their hardware, in particular with regard to viruses, worms, Trojan horses, spyware and other malicious software.

 3. Should IMOART intentionally fail to perform this obligation, it will be liable for any losses that the User may incur, with the limitations set out in paragraph 10.2 of this section.

 4. The User must use the website in accordance with IMOART's instructions and the obligations of these Terms and Conditions, and also undertakes to implement the necessary and appropriate security measures to protect the systems and services.

 5. Failure to comply with the obligation of this clause will constitute just cause for immediate termination of the Terms and Conditions.

 

8. SERVICES

 1. IMOART ensures that it will keep the website updated.

 2. IMOART provides the User with a contact service via the website, to respond to requests for further information regarding the products and services advertised on the website. 

 3. IMOART will seek to ensure that access to the website (up time) occurs on a continuous availability basis, but cannot guarantee that such availability will in fact occur, which the User accepts and acknowledges, waiving any compensation due to the lack of availability.

4. The User accepts and acknowledges that performance and availability problems may occur that are caused and/or originated by:

   1. Congestion, slowdown or general unavailability of the Internet;

   2. Unavailability of generic Internet services (e.g. DNS servers), due to external attacks;

   3. Events of force majeure, i.e., any unforeseeable and unavoidable event, beyond the control or will of the Parties, which prevents them, in whole or in part, permanently or temporarily, from achieving their objectives and fulfilling their obligations within the dates and deadlines set out in the contract, namely, and without this list being exhaustive, the following may be considered force majeure events: a state of war, declared or not, rebellions or riots, natural disasters such as fires, floods and earthquakes, and communication outages;

 4. Actions or omissions by the User or third parties beyond the control of IMOART;

 5. As a result of the User's or third party's computer system; 

 6. Maintenance of the website scheduled by IMOART, as well as any updates that occur.

 

9. COMMUNICATIONS 

 1. By accepting these Terms and Conditions, the User expressly accepts that communications made by IMOART will be made electronically to the email address provided by the User under clause 4.

 2. Electronic communications for marketing purposes are governed in accordance with the Privacy Policy.

 3. The User may contact IMOART at geral@imoart.pt

 

10. EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY

 1. The User agrees that IMOART has no responsibility, direct or indirect, for the use that the User makes of the website, and that the use thereof is the sole and exclusive responsibility of the User.

 2. The User accepts and expressly declares that in no case shall IMOART, its corporate bodies, managers, employees, partners, agents, contracted service providers, interns, suppliers, licensors be liable for any damage, loss, claim or direct, indirect, incidental, punitive or any other type of damage, including, without limitation, lost profits, loss of revenue, loss of data, replacement costs, or any similar damages, whether based on contract, tort with or without intent, arising from the use of, or related to, the website or any products or services purchased as a result of accessing the website, including, but not limited to, any errors or omissions in any content published, transmitted, or otherwise made available through the website, and in the last case, and if so decided by a competent court, IMOART's liability shall be limited to a limit that shall never exceed the maximum limit of the value established for the national minimum wage discounted from the Consumer Price Index.

 

11. REPRESENTATIONS AND WARRANTIES

 1. In the event that any provision of these Terms and Conditions is declared by a competent court to be unlawful, void or ineffective, such provision shall be replaced, in whole or in part, by another that is enforceable, so as to reflect as closely as possible the terms of the clause in question.

 2. The User agrees to guarantee the position of IMOART by defending it, as well as its corporate bodies, managers, employees, partners, agents, contracted service providers, interns, suppliers, licensors against any claim or demand made by any third party due to, or arising from, its violation of these Terms and Conditions or the policies that form part of the website's operating method, as well as the infringement and/or violation of any law or third party rights.

 3. The failure to require, at any given time, the User to comply with any of its contractual obligations established herein, does not imply a waiver of any rights, nor does it constitute the acquisition of a right by the User.

 

12. ENTIRE AGREEMENT

 1. These Terms and Conditions, including their policies, constitute the complete agreement between the User and IMOART regarding the use of the website and its ancillary features.

 2. The Policies are an integral part of these Terms and Conditions, and the latter cannot be separated from them.

 3. The entry into force of new Policies after the date of these Terms and Conditions will result in the amendment of these Terms and Conditions by integrating them.

 4. In the event of any contradiction or discrepancy between the documents that make up these Terms and Conditions, these shall prevail over the Policies, unless otherwise provided for by the latter.

 5. IMOART may, at any time, update, modify or replace any part of these Terms and Conditions and the Policies associated with them, announcing such modifications in a specific place on the website's home page. It is also the User's responsibility to check this page periodically to be aware of any changes, with the new version always prevailing over any previous version.

 6. The User acknowledges and accepts that continued access and use of the website after the publication of any updates, modifications or replacements to the Terms and Conditions of the website and the Policies associated therewith constitutes acceptance and agreement with such updates, modifications or replacements.

 

13. APPLICABLE LEGISLATION AND JURISDICTION

 1. These Terms and Conditions, as well as the associated Policies, are governed by the applicable provisions of Portuguese law.

 2. For the resolution of any dispute arising from the Terms and Conditions, as well as the associated Policies and that is not resolved by agreement, the exclusive jurisdiction of the Court of the District of Faro is hereby attributed, with express waiver of any other, except if a court with specialized jurisdiction prevails by virtue of the law.

 3. Both the User and IMOART undertake that they will use their best efforts to resolve in a timely manner and by agreement any dispute that arises within the scope of the Terms and Conditions, as well as the Policies.