Terms of Use

1. SCOPE AND PURPOSE
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These Terms and Conditions of Use (“Terms and Conditions”) apply to visitors of this website and aim to regulate the terms and conditions applicable to its use.

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The website is owned by FUNDAÇÃO ANTONIO PARGANA, headquartered at Praça de Alvalade, n.º 7 - 8º Dto., 1700-036
Lisbon, Tax Identification Number 517 829 037 (“FAP”).

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The use of the website and its services, accessible via www.fundacaoantoniopargana.pt (the “Service”), is subject to the terms of a contract between the user and FAP. This document explains the formation of the contract and establishes the respective terms.

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Browsing the website implies acceptance of these Terms and Conditions by the User. If the User does not agree with the stated terms, they should not access, browse, or use the website.
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FAP reserves the right to amend these Terms and Conditions without prior notice, with any changes published on the website www.fundacaoantoniopargana.pt.

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2. RESPONSIBILITIES

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All services provided through this website comply with Portuguese Law.
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The website has adequate security levels; however, FAP will not be responsible for any damages suffered by the User and/or third parties due to delays, interruptions, errors, and suspensions in communications originating from factors beyond its control, including deficiencies or failures caused by the communication network or services provided by third parties, the computer system, modems, connection software, or possible computer viruses or from downloading infected files through the Service or containing viruses or other elements that may affect the User's equipment. If, for any reason of access error to the website, service provision is impossible, FAP will not be liable for any damages.

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Queries regarding data and information are assumed to be carried out by the User, exempting FAP from any liability arising from abusive or fraudulent use of the information obtained.

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FAP will not be liable for any losses or damages resulting from abusive use of the Service that cannot be directly attributed to it through intent or gross negligence.

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FAP is not liable for damages arising from non-compliance or defective performance of the Service when it cannot be directly or indirectly attributed to it by intent or gross negligence, particularly not liable for (i) errors, omissions, or other inaccuracies in the information provided through the Service; (ii) damages caused by the User or third parties, including intellectual property violations, (iii) non-compliance or defective performance resulting from compliance with court decisions or administrative authority orders, or (iv) non-compliance or defective performance resulting from force majeure events, such as fires, power outages, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods, or other natural disasters or other uncontrollable situations that prevent or hinder FAP from fulfilling its obligations.

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FAP does not guarantee that:

• the Service will be provided uninterruptedly, securely, error-free, or will function indefinitely;
• the quality of any service, information, or any other material obtained through the Service will meet the User’s expectations regarding it;
• any material obtained through the use of the Service is used at the User's own risk, with the User solely responsible for any damage caused to their system and computer equipment or any data loss resulting from this operation;
• no advice or information, whether oral or written, obtained by the User from or through the Service will create any warranty not expressly stated in these Terms and Conditions.

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The User agrees that FAP cannot be held responsible for any damages, including but not limited to damages for loss of profits, data, content, or any other losses (even if the User has been advised of the possibility of such damages) resulting from:

• the use or inability to use the Service;
• the difficulty in obtaining any substitute goods/services;
• unauthorized access or modification to personal data databases.

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3. USER OBLIGATIONS

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The User agrees to:

• Provide accurate and updated personal data when necessary;
• Use the Service solely for purposes permitted by the Terms and Conditions and applicable law.

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By agreeing to these Terms and Conditions, the User declares that, upon accessing the Service, they are of legal age and/or have the legal capacity to, in accordance with the law, provide consent and be contractually bound to the execution and provision of the Service.

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The User agrees that they are solely responsible (and that FAP has no responsibility towards the User or third parties) for any violation of their obligations under the Terms and Conditions and for the consequences (including any loss or damage) of such violation.

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4. PRIVACY AND PERSONAL DATA PROTECTION

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FAP ensures the confidentiality of all data provided by Users.

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The User's personal data will be processed and stored electronically and are intended for use by FAP within the scope of its contractual relationship with the User.

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FAP respects the User's privacy and the protection of their personal data. All information collected on the website will be kept confidential and will not be shared with third parties without the User's prior express consent.

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Data provided by the User will be processed exclusively to provide the services requested by the User and to enhance their website experience. For more information on the processing of your personal data, please refer to the Privacy Policy (available at: https://www.fundacaoantoniopargana.pt/legal/politica-de-privacidade).

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5. INTELLECTUAL PROPERTY

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The website and the Service are owned by FAP.

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The User acknowledges that FAP is the owner or, if applicable, holds the relevant licenses over the intellectual and industrial property rights of the website and the Service, as well as all content offered therein, including the platform itself, texts, photos or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it.

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In no case shall access, browsing, and use of the website by the User imply a waiver, transfer, license, or assignment, in whole or in part, of these rights by the provider. The User has the right to use the contents and/or services of the website strictly for personal purposes and solely to enjoy the Service in accordance with the Terms and Conditions.

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The User agrees to fully respect the rights referred to in the previous paragraph, refraining from any actions that may violate the law or these rights, such as reproduction, commercialization, transmission, or making these contents publicly available or any other unauthorized acts concerning these contents.

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It is prohibited to delete or manipulate copyright notices or other credits identifying the rights holders of content found on the website, as well as technical protection devices embedded in the content offered on the website.

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6. SERVICE SECURITY CONDITIONS

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The User agrees to comply with all applicable legal provisions, including refraining from engaging in or encouraging offensive or unlawful acts, such as sending unsolicited communications (spamming) in violation of applicable legislation regarding data processing and advertising communications through automated call devices. Failure to comply may result in FAP suspending or deactivating the Service as provided in point 7.

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The User expressly acknowledges and agrees that the IP network is a public electronic communications network subject to usage by multiple users, and as such, it is subject to data overload, so FAP does not guarantee uninterrupted Service, information loss, or delays.

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FAP does not guarantee Service availability in cases of unpredictable system overload or force majeure (extraordinary or unforeseeable circumstances beyond FAP’s control).
In the event of Service interruption due to unforeseen system overload, FAP will restore functionality as soon as possible.

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7. SERVICE SUSPENSION AND DEACTIVATION

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Regardless of any prior or subsequent communication, FAP may, at any time, and at its sole discretion, discontinue the provision of the Service or part of the Service to one or all Users.

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FAP also reserves the right to suspend or immediately terminate Service access when the User does not comply with current usage conditions.

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Service suspension or termination by FAP, as outlined in the previous paragraphs, does not entitle the User or third parties to any compensation or other reimbursement, and FAP cannot be held liable or burdened in any way for any consequences resulting from Service suspension, cancellation, or termination.

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8. TECHNICAL CONFIGURATIONS

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Without prejudice to the following paragraph, FAP may modify the Service and/or technical conditions of its provision, as well as its usage rules, at any time.

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The current version of these Terms and Conditions is available on the website www.fundacaoantoniopargana.pt.

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The website may provide links to pages of other entities. These sites neither belong to nor are operated or controlled by FAP, and FAP assumes no responsibility, approval, or support for the content of these sites, nor the sites linked or referenced within them. The use of these links is at the User's own risk.

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9. COMMUNICATIONS

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Whenever FAP deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reconfigure network settings.

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Without prejudice to the following paragraph, given the innovative nature of the Service and potential technological advancements, FAP may alter technical configurations whenever deemed appropriate to adapt to potential technological developments.

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FAP does not guarantee the User any upgrades or improvements to the Service.

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10. APPLICABLE LAW

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These Terms and Conditions are governed and interpreted in accordance with Portuguese law.

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Any disputes arising from the interpretation, compliance, and enforcement of these Terms and Conditions are subject to the jurisdiction of the Lisbon Courts.
To submit complaints regarding the use of our services, you may send an email to bernardoivocruz@fundacaoantoniopargana.pt, and we are committed to seeking an amicable resolution to the conflict at all times.

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These Terms and Conditions were updated on September 30, 2024.