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TERMS OF USE

1. Terms of Use of GNS

a) Any use of the website provided by GNS – Georgina Neto dos Santos, Lda., is subject to these Terms of Use. The Terms of Use may be amended or replaced by other terms and conditions, for example, for the purchase of products and services. By logging in, or whenever login is not required, to access or use the website, you accept the Terms of Use in their current version.

b) If the user uses the website within the scope of their commercial activity, business or profession, Consumer Protection Laws will not apply.

2. Services

a) This website contains specific information and software, as well as, as appropriate, related documentation, for viewing and downloading.

b) GNS may discontinue the operation of the website fully or partially at any time. Due to the nature of the internet and computer systems, GNS does not assume ongoing responsibility for the website.

3. Registration and Password

a) Some pages of the website may be protected with a password. In the interest of commercial transaction security, only registered users can access the aforementioned pages. The company reserves the right to determine that certain websites, which were previously freely accessible, become subject to registration. GNS has the right, at any time and without obligation to provide justification, to refuse any user the right to access a password-protected area, by blocking their user data, particularly if they use false data in order to register,

  • violating the Terms of Use or neglecting one’s duty of care towards user data;
  • violating any applicable legislation during access or use of the GNS website.

b) For registration purposes, the user shall provide accurate information and, whenever such information changes, shall update the said information without any undue delay. The same will ensure that your email address, as provided to GNS, is up-to-date at all times and serves as an address where the user can be contacted.

c) After registration, the user will be assigned a user ID and a password. On their first access, the user will immediately change the password assigned by GNS to one known only to themselves. User data allows them to view or modify their data or, if applicable, withdraw their consent for data processing.

d) The user will ensure that user data will not be accessible to third parties and will be responsible for all transactions and other activities carried out with their data. At the end of each online session, the user should log off from the password-protected website. If, to the extent that the user becomes aware that third parties are abusing user data, they will notify GNS of this fact without unjustified delay, in writing or by email, as appropriate.

e) Upon receipt of the notification mentioned in Condition 3 (d) GNS will deny access to the protected area with a password with the aforementioned user data. The user’s access will only be possible again after their request to the company for it or after a new registration.

f) The user may at any time request the cancellation of their registration in writing, provided that such deletion does not violate the proper fulfillment of contractual obligations. In this case, GNS will remove all user data and other personally identifiable information stored as soon as said data is no longer necessary.

4. Rights of Use of Information, Software and Documentation

a) The use of any information, software, and documentation provided on the website is subject to these Terms of Use. The separately agreed license terms shall prevail over the Terms of Use.

b) GNS grants the user a non-exclusive, non-transferable license that cannot be sublicensed to use the information, software, and documentation made available to them through the website within the agreed limits, or if no agreement has been reached, in accordance with the purpose of its provision by GNS.

c) The software must be made available at zero cost in executable code. There will be no right to access the source code. This will not apply to the source code related to open-source software, whose licensing terms prevail over the Terms of Use in the event of transmission of open-source software requiring the provision of source code. In this case, GNS will provide the source code upon payment of the respective costs.

d) The information, software, and documentation may not be distributed by the user to third parties at any time, nor may it be rented or otherwise made available. Unless authorized by law, the user shall not modify the software or documentation, nor disassemble, reverse engineer, or decompile the software or separate any of its parts. The user may create a backup copy of the software whenever necessary to ensure future use in accordance with the Terms of Use.

e) The information, software, and documentation are protected by copyright laws, including international copyright treaties and other laws and conventions related to intellectual property. The user shall comply with said laws and, in particular, shall not modify, hide, or remove any alphanumeric code, symbols, or copyright notices from the information, software, or documentation, or from any copies of any of the documents.

5. Intellectual Property

a) Notwithstanding the specific provisions of Condition 4 of the Terms of Use, the information, brand names, and other content of the website are the property of the same, or its licensors, and are protected by copyright, trademark, and other intellectual property rights laws. Therefore, they may not be altered, copied, reproduced, sold, rented, used, supplemented, or otherwise utilized without the prior consent of GNS.

b) Except for the rights of use and other rights expressly granted herein, no other rights are granted to the user, nor shall any obligation be implied requiring the granting of additional rights. All patent rights and licenses, whether expressed or implied, are expressly excluded.

6. User Duties

a) During access and use of the GNS website, the User:

  • It will not harm others, particularly minors, nor infringe upon their personal rights;
  • It will not offend public morals in the way it is used;
  • Will not violate any intellectual property rights or any other property rights;
  • Will not upload any content containing viruses, so-called “Trojan Horses”, or any other program that may damage data;
  • You will not transmit, store, or upload hyperlinks or content to which the user does not have the right, particularly in cases where such hyperlinks or content constitute a violation of confidentiality obligation or are unlawful;
  • Will not distribute unsolicited advertising or emails, or inaccurate notices of viruses, defects, or similar material, and the user will not solicit or request participation in any sweepstakes, “snowball system”, chain letters, pyramid scheme or similar activity.

b) GNS may refuse access to the website at any time, particularly if the user violates any obligation arising from these Terms of Use.

7. Hyperlinks

The website may contain hyperlinks to third-party web pages. GNS shall not be liable for the content of the aforementioned web pages and does not represent or endorse said pages, nor their content as its own, as it does not control the information on said web pages and is not responsible for the content and information presented. The use of said pages shall be at the sole risk of the user.

8. Responsibility for Title Defects or Quality

a) The responsibility of GNS for defects regarding quality and title will be determined in accordance with the provisions of Condition 8 of the Terms of Use. Any additional liability thereof shall be excluded, unless required by law, for instance, under Producer Liability Laws in cases of willful misconduct, gross negligence, injury or death, failure to meet guaranteed characteristics, fraudulent concealment of defects, or breach of fundamental contractual obligations. Compensation for damages in the event of a breach of fundamental contractual obligations is limited to foreseeable typical damages of the contract, with no deliberate fault or gross negligence.

b) The website information may contain explanations or general descriptions related to the technical probabilities of individual products that may not be available in certain cases. The product performance will be mutually agreed upon in each case at the time of purchase.

9. Additional Responsibility and Virus

Although GNS makes every effort to keep the website free from viruses, it cannot guarantee the absence of viruses. The user, for their own protection, should take the necessary actions to ensure appropriate security measures and use antivirus software before downloading any information, software and documentation.

10. Export Control

The export of certain information, software, and documentation may, due to their nature, intended purpose, and ultimate destination, be subject to licensing. The user must strictly observe the regulations and norms regarding Export Control for information, software, and documentation, particularly those of the EU, its individual member states and the USA. The GNS will classify the information, software, and documentation according to the Portuguese, EU, and US export control lists.

11. Data Privacy Protection

To collect, use, and process personally identifiable data of the website user, GNS will comply with all applicable legislation regarding data privacy protection and the website’s data privacy policy, available via hyperlink on the site, in the privacy policy.

12. Supplementary Agreements, Jurisdiction and Applicable Law

a) Any supplementary agreement must be reduced to written form.

b) To clarify any issue, the Tribunal do Foro da Comarca de Águeda is competent.

c) The individual pages of the website are operated and managed by GNS. The pages comply with the applicable law in the country where the responsible company is headquartered. GNS does not declare that the information, software, and documentation on the website are appropriate or available for viewing or downloading in locations outside of the said country. If users access the website from outside the aforementioned country, they will be solely responsible for complying with all applicable local laws. The access to information, software and documentation in countries where such content is illegitimate is prohibited. In this case, and whenever the user seeks to do business with GNS, they should contact the company’s representative for that specific country, for a transaction specific to that country.

d) These Terms of Use shall be governed – as well as any conflicts related to or arising out of the Terms of Use or subject matter thereof shall be resolved – by portuguese law in accordance therewith, excluding its rules on conflict of laws. Excluding the application of the United Nations Convention on Contracts for the International Sale of Goods, dated April 11, 1980.