GENERAL TERMS OF SERVICE FOR CASASAPO




 

1. GENERAL TERMS OF SERVICE AND ACCEPTANCE

The following general terms of service, known as “Terms of Service”, regulate the use of the Web site “CASASAPO”, known as “Portal”, which Janela Digital – Informática e Telecomunicações, SA known as "Janela Digital", makes available to all users through the Internet.

By using the Portal, the user fully accepts all the terms listed in this document.

Some services within the Portal are subject to special terms of service, which the user has access while using those services. These specific terms of service complete or modify some of the present terms of service. Before using any of those services, the user must read and accept those terms.

2. OBJECT

Through the Portal, Janela Digital makes several services and content available to users. The source of these services and content can be Portal users and/or third parties content providers.

Janela Digital reserves the right to unilaterally change, at any given moment, and without notice, the Portal’s layout and configuration, as well as any services and the respective terms of service required for its use. Janela Digital will notify the user through a public interface within the Portal.

3. SERVICE ACCESS CONDITIONS

3.1 Free of charge services

The main service provided by the Portal is free of charge, requiring no registration by the user.

3.2 User registration

Some services available in the Portal or its services, require the filling of a form, in order to identify the user.

By creating an account in the CASASAPO personal area, the user expressly authorizes Janela Digital and its partners to send information about news, products and services that may be of interest, even using their personal data for direct marketing and advertising, by using e-mail, phone or text messaging service.

Janela Digital ensures that all users have the right to access, rectification, cancellation and opposition of their data. If you wish, at any time, no longer be part of our database may exercise this right through the cancellation of the subscription.


4. TERMS OF SERVICE USE

4.1. User conduct

The user agrees to use the Portal and its services in respect with the law, and taking the present terms of service and the moral principles generally accepted.

The user specifically agrees not to use the Portal and its services with unlawful intentions, or contrary the the present terms of service, that may affect, bring any damage or overloading condition to the Portal, or even prevent the normal use its services by other users.

4.2. Access to content

The user must not try to obtain any information, messages, graphics, drawings, sound or image files, pictures, recordings, software and, in general, any type of content made available by the Portal, using any other means other than the ones made available by Janela Digital, specifically through Web pages, accessed with a client software known as “Web Browser”.

4.3. Correct use of content

By accessing the Portal’s content, the user agrees to its correct and lawful use, and specifically not to:

1) Perform or try to perform illegal activities that go against Janela Digital’s rights, or the rights of the users in general, or other third parties not mentioned before.

2) "stalk" or otherwise harass another or collect or store personal data about other users.

3) Use or try to use any identity except its own, impersonate or try to impersonate including specifically, any Janela Digital official, and to host meetings with third parties with false information about ties of any kind with any third parties.

4) Make available, transmit, send, produce or reproduce any content which does not have the right to use (including, but not limited to, confidential information obtained in the regular course of a job function or rank)

5) Make available, transmit, send, produce or reproduce any content that infringes any patent, trademark, industrial secret, or any other type of copyright, from anyone, entity or institution.

6) Make available, transmit, send, produce or reproduce any unsolicited content including, but not limited to, marketing material, “junk e-mail”, “spamming”, “chain letters”, “pyramid schemes”

7) Make available, transmit, send, produce or reproduce deliberately or not, any material that contains computer virus, or any other type of software with the objective of interfering, interrupt or limit the functionality of any computer or electronic system (hardware or software), as well as communication equipment.

8) Promote, supply, make available, transmit, send, produce or reproduce any instructions about illegal activities, including but not limited to, information on how to build bombs, grenades or floppy disk bombs.

9) Promote aggression, including but not limited to, physical of emotional aggression on any group or individual, or any act of cruelty upon animals

The activities mentioned above are absolutely and completely prohibited to the user and constitute motive for immediate service suspension, either partially or completely, temporarily or not, of the Portal’s use, as well as deletion of any files or records belonging to the user, without any prior notice.

4.4. Links

Users that create hyperlinks (“links”) from a third party Web site to contents and services available in CASASAPO must adhere to the following rules:

1) The Link will provide access to Web pages hosted by Janela Digital, and cannot reproduce them in any way

2) Only Links to the home page or any of the Portal’s services home pages are allowed

3) The Links will not open with the use of Frames or with any other visual changes.

4) There must not be any reference to the fact that Janela Digital approves the Link or that Janela Digital is in any way related to with the services or content made available through the Web page that contains the Link.

5) Besides the Link itself, the Web page that makes it available must not contain any other type of information, image, slogan used by Janela Digital.

6) The content made available through the Web page containing the Link must not be illegal in any form, or contain information that is is not considered as moral by the pubic in general, or contain any information that violates any third party’s rights

Creating a link does not implicate the existence or any sort of relationship between Janela Digital and the owner of the Web page containing the Link, nor does it imply any sort of endorsement by Janela Digital to the content it provides.

4.5. Send us your news

The informative contents listed in the Portal’s News Section include relevant topics to the Real Estate sector as well as cross sectors such as Construction, Engineering and Architecture. Thus the information is not only geared up for the Real Estate Professionals but also to the Construction, Engineering and Architecture ones.

All of the topics related to the Real Estate Sector and that are considered of use for the Sector’s professionals, will be accepted for analysis.

By providing contents for the the Portal’s news section (text, images, videos or sounds), the author (s) is to take responsibility for any information that they contain, which does not imply that it an provide, send, forward any content that is unlawful, threatening, malicious, abusive, harassing, tortuous, defaming, invasive of other’s privacy, hateful, racial, ethical or otherwise questionable.

The information submitted will be subject to review, and even correction – in case of misprints, misspellings -, and/or edit (titration, lead, number of characters to match the space or relevance of content].

The information disclosed will follow criteria’s of present time’s importance, and relevance for the target audience.

4.5.1 Comments on news or articles of Opinion

The comments done on the news or articles of opinion present on the Portal’s News section will always be subject to prior appraisal. The comments that are deemed offensive, defamatory, inflamed, discriminatory and inappropriate to the texts that are being commented on will not be placed online.

5. RESPONSIBILITY

The CASASAPO Portal was developed in good faith, with information provided by both internal and external sources and is made available “as is”, with the possibility that it contains errors and/or inaccuracies.

Janela Digital cannot be considered responsible for damages or liability or any kind that may result from (but not exclusively):

(i) Interferences, omissions, interruptions, computer viruses, telephone malfunctions or general electronic equipment failure that affects the content and/or services made available through the Portal, or in services provided by a third party, that can render the service unavailable, or produce changes in documents.

(ii) Delays or other causes that can make a the service unreachable, either by deficiencies or overload conditions of Internet, or other systems, specifically in the Web pages available through the Portal or services related with it.

(iii) Acts from a third party resulting from illegal access to details of the user behaviour within the Portal or its services

(iv) Information inaccuracies within the documentation and general content made available through the Portal or its services that fails to meet the expectations the user has towards the service.

v) Lack of detail, truthful or updated information of the content, data or general information of any other nature, including the real estate listings, products or services, prices, features or any other relevant information associated with products or services available through the Portal by a third party, as well as the information made available in the Web pages provided by this third party.

(vi) Transmission, storage, availability, reception or access to content

(vii) Errors or security deficiencies caused by the user usage of an outdated or insecure Web browser, as well as the activation of any features that relate to password storage or identification information provided by the Web browser, that may result in damage or errors.

(viii) Links to other Web sites. Janela Digital is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites.

6. INDUSTRIAL AND INTELECTUAL PROPERTY

All content available in the Portal (including but not limited to, text, graphics, logos, icons, data bases, images, text files, audio, video and software) are property of Janela Digital or any other entity within the se same company group, clients, suppliers or content suppliers, and are protected by international dispositions regarding industrial and intellectual property.

The compilation (as well as recompilation or arrangement) of all the content available in the Portal is exclusive property of Janela Digital and is protected by the international dispositions regarding industrial and intellectual property. All the software used in this process is property of Janela Digital or any other entity within the se same company group, or other software suppliers and is protected by the international industrial and intellectual laws.

The reproduction, alteration, copy, use, distribution, selling, public communication or any other usage of information contained in the Portal (including the design and layout), without the express authorization by Janela Digital, constitutes an infraction of the intellectual property law.

Any of the rights mentioned above are totally or partially transmitted without the express authorization by Janela Digital or its owners.

It cannot be assumed that no rights will be conceded to alter, reproduce, distribute or publicly communicate the mentioned content without the express authorization by Janela Digital or its owners.

7. PERSONAL INFORMATION /FONT>

In order to have access to some services, it is required that users provide to Janela Digital, or any other company within the Portugal Telecom group, certain personal information. This information will be used and handled as mentioned in the specific terms of service.

8. COOKIES

Janela Digital will make use of files stored in the user’s computer, called “Cookies”, that help register and maintain state information for the activities performed by the user, as well as helping to track the number of visitors and most requested services, as well as consumer habits. The user can configure the computer to reject the referred cookies. No other technology will be used to store or retrieve information from the user’s computer.

9. LINKS

The Portal may contain Links to other external Web sites. Janela Digital is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites.

10. MATERIAL AND SOFTWARE COPYRIGHT

All the information, content and software included in the Portal or its services are protected by copyright and intellectual property laws. Users cannot copy or distribute these materials without express authorization by the legitimate owner of those rights. The user can apply these materials for personal use, as long as it does not change or eliminate any information regarding copyright notices, assuming responsibility by the use and storage of the information received.

11. ATTACKS TO SYSTEMS

The user cannot, even in the tentative form, attack the network or systems owned by Janela Digital or a third party, by any means such as (but not limited to) mail bombing, hacking, root access, tsunami, flood bots, nuke, flash, packet sniffers or flood pings, as well as any other activities that result in damage to Janela Digital or a third party.

12. DURATION AND TERMINATION

The Portal and its services are made available with undetermined duration, or as otherwise stated in the service’s specific terms of service. Janela Digital can terminate or suspend the service at any moment, without violation of each service’s terms of service. Whenever possible, Janela Digital will communicate the termination or suspension of the Portal or its services.

13. APPLICABLE LAW AND JURISDICTION

All aspects not expressed in the present terms of service and are governed by the Portuguese Law.

The user and Janela Digital agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Caldas da Rainha Portugal

14. ALTERNATIVE DISPUTE RESOLUTION

In the event of a dispute, the consumer may use a Consumer Dispute Resolution body:

Centro de Arbitragem de Conflitos de Consumo de Lisboa
http://www.centroarbitragemlisboa.pt/

Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral
http://www.triave.pt/

CIAB – Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo)
http://www.ciab.pt/pt/

CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
http://www.arbitragemdeconsumo.org/

Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
http://www.centrodearbitragemdecoimbra.com

Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve
http://www.consumoalgarve.pt

Centro de Informação de Consumo e Arbitragem do Porto
http://www.cicap.pt

More information available in the Consumer Portal
http://www.consumidor.pt