Terms And Conditions
   

The User should carefully read the present Terms and Conditions which regulate the access and use of the website www.farias.pt (hereinafter "Website"), operated by the company FARIAS, LDA., legal person and registration number 512 001 480, of the Commercial Registry Office of Horta, with headquarters at Rua Vasco da Gama, n.º 44, 9900-017 Horta, henceforth "FARIAS". The use of this Website will be regulated by these Terms and Conditions, implying its acceptance by the User. If the User rejects the present Terms and Conditions, he must immediately cease using it. FARIAS may change or update these Terms and Conditions, completely or in part, without prior notice, with any changes or updates entering into force as soon as they are published in the respective section of the Website, unless legal provision applicable to the contrary. Users are advised to regularly consult the sections of the Terms and Conditions to check the most up-to-date versions. Access to and use of the Website are made available exclusively for personal use, to access the information made available by FARIAS, and are therefore not related to any commercial, business or professional activity of the User. FARIAS reserves the right to evaluate at its own discretion the User's compliance with these Terms and Conditions. The violation of the Terms and Conditions may imply the withdrawal of the authorization for use granted by FARIAS, under the terms provided herein, as well as the exercise of its rights to the maximum extent permitted by law. The User undertakes to indemnify and exonerate FARIAS, as well as its legal representatives, partners and collaborators, from any damages, responsibilities, claims or requests for compensation, including expenses and costs for representation, petitioned by third parties as a consequence of the use of the Website in terms not in conformity with these Terms and Conditions, and/or by virtue of the violation of the conditions set forth therein, and/or by virtue of the non-fulfilment of representations and warranties submitted in these Terms and Conditions.


AUTHORIZATION OF USE

Without prejudice to the other clauses of these Terms and Conditions, FARIAS authorizes any User to use this Website only for personal or informative purposes, as provided in these Terms and Conditions. The authorization for use may be revoked by FARIAS at its discretion and at any time. Under the terms of the law and these Terms and Conditions, the User may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or alter the source code, perform reverse engineering operations, decompile or disassemble, completely or in part, the contents of the Website. By accessing the Website, the User acknowledges and accepts that the content of the Website may be incomplete, inaccurate, not up to date, or that it may not meet his needs and requirements.


CONTENT AND LIMITATION OF LIABILITY

The access and use of the Website are activities performed by the User. 

The User is solely and exclusively responsible for the use of the Website and its contents. FARIAS is not responsible, nor assumes any responsibility for the use of the Website in terms that are not in conformity with the legal provisions in force on the User’s behalf. In particular, the User is solely responsible for the communication of incorrect, false or third parte information or data, without the User's consent, as well as for the incorrect use of the same. 

The contents of the Website may contain inaccuracies or errors. FARIAS is not responsible and cannot be held responsible, by any means or manner, for the inaccuracies and errors, eventual damages caused or resulting from the use of information derived from the Website or through the Website by the User. The User is solely and exclusively responsible for the evaluation of the information and contents obtained through the Website.

The Website and all the information and contents published on it may be changed by FARIAS at any time, periodically and/or without prior notice, unless there is a legal provision to the contrary.

Considering that any contents that may be downloaded or obtained by other means, result from a free decision of the User and are carried out at his own risk, any responsibility for damages to computers or any other electronic devices or loss of data resulting from download operations carried out by the User, will be of exclusive responsibility of the User and cannot be imputed to FARIAS. 

FARIAS assumes no responsibility for damages resulting from the impossibility of accessing the services made available through the Website or for damages caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of contents, questions related to the Internet, service providers or the telephone and/or telematics, unauthorized access, changes to data, or related to the non-existence and/or poor functioning of electronic devices of the User. 

FARIAS has adopted appropriate technical and organizational measures to safeguard the security of the services provided through the Website, to ensure the integrity of electronic traffic data related to unauthorized forms of use or knowledge, as well as to avoid risks of dissemination, destruction or loss of data and confidential or non-confidential information of the User, contained on the Website, or related to access - unauthorized or in breach of applicable legal provisions - to said personal data and information.

FARIAS does not guarantee, nor can it guarantee that the Website is free of viruses or any other element that may adversely affect its use.


ACCESS TO THE WEBSITE, INTERRUPTION AND SUSPENSION

FARIAS makes its best efforts to provide continuous access to the Website; however, such access may be suspended, limited or interrupted at any time regardless of the reason. 

Access to the Website may be limited from time to time to allow for the recovery, maintenance or introduction of new functionalities or services. 

Access to the Website may also be interrupted in cases of “Force Majeure” considered to be any cause disrupting the performance of the Website and having any impact on the performance of our obligations, arising out of or attributable to acts, events, omissions or accidents beyond our reasonable control and, in particular, but not limited to, shall include strikes, terrorist action, invasion, war, threat or preparedness for war, fire, technical failure of power, software, hardware or telecommunications or other network failures, interruptions or breakdowns, explosions, storms, floods, earthquakes, epidemics or other natural disasters, any legislation, regulation, rule or decision of a state or court.

In any case, FARIAS will make its best efforts to recover access as soon as possible. FARIAS reserves the right to block access to any material and/or remove any material which may, in its discretion, cause a violation of these Terms and Conditions.


PROTECTION OF PERSONAL DATA

FARIAS through this Website does not collect or uses any personal data of its Users, with the exception of the IP which are processed by FARIAS, as Responsible for Processing, in order to ensure compliance and execution of these Terms and Conditions and for a period of 3 months after the last visit to the Website.

With regard to the processing of personal data which FARIAS carries out through the use of cookies, please consult the FARIAS Cookie Policy and personalize your settings according to your preferences.

FARIAS may transmit these to third parties and subcontractors for the sole purpose of managing the Website.

The User may exercise the rights conferred on him by data protection legislation, in particular, the right to access his personal data, not to be subject to decisions taken solely on the basis of the automated processing of his data, the right to receive his personal data in a structured format, of correct use and automatic reading (direct portability), the right to rectify his inaccurate data, the right to oppose the processing of his data for reasons relating to his particular situation, the right to obtain the erasure of his data (in certain cases) and the right to limit their processing, which may be exercised by the User as legally applicable, by means of an application addressed to the address above. The right to lodge a judicial or administrative complaint with the National Data Protection Commission is also guaranteed.


The Data Holders may exercise their rights by contacting FARIAS by sending an email to the mailbox protecaodedados@bensaude.pt.

Data subjects may also contact the Data Protection Officer of FARIAS by sending an e-mail to the mailbox dpo@bensaude.pt.


INTELLECTUAL PROPERTY RIGHTS

All rights reserved. The Website and all its contents, including without limitation, articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video or audio clips or marketing texts, as well as trademarks, logos, domain names, and any other elements which may be covered by property rights (including source codes) and/or other intellectual property rights (hereinafter "Material"), are property of FARIAS or third parties and are protected against unauthorized use, copying or disclosure under national laws and international treaties concerning intellectual property rights. 

None of the provisions of the Terms and Conditions and/or the contents of the Website may be interpreted as implicitly conferring, accepting or by any means licensed the right to use any Material by any means without the prior written consent of FARIAS or the third party owner of the Material or the intellectual property rights published on the Website. 

The use, copying, reproduction, alteration, republication, updating, downloading, sending by e-mail, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified, but of identical nature, is prohibited. 

As a User of the Website, the User undertakes not to use the Material for illegal purposes and not to violate the rights of FARIAS.

The User may, however, view and display the contents of the Website and/or the Material on the screen of a computer or other electronic device, store such contents in electronic form on disk (but not on a server or memory device connected to the Internet) or print a copy of such contents for his/her personal and non-commercial use, but shall retain all information related to intellectual property rights.

Access to the Website does not give the User any right over the contents made available by FARIAS.


HYPERLINKS TO OTHER WEBSITES

If the Website provides links ("Hyperlinks") to third-party websites or to content provided by third parties ("Other Websites"), FARIAS hereby information that the provision of links to such Other Websites is included solely for information purposes and for the convenience of the User. FARIAS does not control the Other Websites and is therefore not responsible for such Other Websites or for the contents or products of the Other Websites (including without limitation, reference to social networks) and is not liable for any damages or losses that may result from the use of the Other Websites by the User, as well as for the processing of personal data. Access to any Other Website, through a link on the FARIAS Website, will be at the User's sole responsibility and risk.

The User must therefore give particular attention when connecting to Other Websites through links on the FARIAS Website and read carefully the respective terms and conditions and privacy policies.


STATEMENTS AND GUARANTEES OF THE USER

The User acknowledges and declares that:

- Read and understood these Terms and Conditions;

- Will refrain from reproducing, duplicating, copying, selling, reselling or by any means commercially exploiting the Website or its contents, or any part thereof, and abstain from the use or reproduce the trademarks or any intellectual property rights of FARIAS;

- Not to publish or use false, injurious or defamatory information;

- Will refrain from using, directly or indirectly, the services or the Website for purposes contrary to the law or not in accordance with these Terms and Conditions;

- Will not spread viruses, spyware, adware, rootkit, backdoor or Trojan viruses or other similar computer threats;

- Will not use software or other automatic or manual mechanisms to copy or access control of the Website or its contents.


MISCELLANEOUS PROVISIONS

The nullity of any of the provisions contained in these Terms and Conditions shall be for unwritten, but the remaining provisions will be in full force and effect.

These Terms and Conditions shall be governed by Portuguese law and interpreted in accordance with Portuguese law. Any dispute arising out of or relating to these Terms and Conditions shall, in the absence of an amicable and negotiated agreement between the parties, be settled by the Courts of the District of the Azores, with express waiver of any others.


The User may contact FARIAS for any matter relating to the Terms and Conditions or for any matter relating to the use of the Website at the following e-mail address: 

farias@bensaude.pt.