Terms and Conditions of Use

Terms and conditions of use of the portal and associated platforms.

Service Provider: Saphety Level – Trusted Services, S.A., with head office at Lugar do Espido, Via Norte, 4470-177 Maia, and offices at Rua Viriato, n.º 13, 2º Piso, 1050-233 Lisboa, registered at the Commercial Registry Office of Maia, with the sole number of matriculation and legal person 507 957 547 and share capital of € 98.039,00, (hereinafter referred to as “Saphety ”).

I. Object

  1. These terms of use (hereinafter referred to as “Terms of Use”) govern the terms and conditions of use of Saphety portal or portals - available at http://www.saphety.com (hereinafter together referred to as “Portal”) and other potential platforms associated to the said Portal by Saphety to the users (hereinafter jointly referred to as “Users”).
  2. The use of the Portal by its Users presupposes the full and unreserved acceptance of these Terms of Use.
  3. The acceptance of these Terms of Use does not replace the acceptance of the specific contractual conditions applicable to the products and services available in the Portal reserved area or agreed upon with each User.
  4. Saphety reserves the right to unilaterally change the Terms of Use at any time, by means of an 8 (eight) day prior notice to the User sent to any of its contacts supplied at the moment of registration with the Portal, being the responsibility of the user to guarantee the corresponding update.

II. Portal Description

  1. The Portal can allow:
    (i) Consultation of the catalogue of products and services offered by Saphety via Portal or any other means;
    (ii) Accession, by electronic means, to products and services including demonstrations and assessment of the services potentialities, free or not, pursuant to the terms and conditions described in these Terms of Use and in the specific contractual conditions; and
    (iii) Consultation and/ or management of the Users’ products and services.
  2. The functionalities mentioned in points (ii) and (iii) of the previous number are only available to users registered on the Portal, being its use restricted to the User’s profile.
  3. The products and services eventually made available in the Portal can be supplied and/or provided by Saphety , its affiliates, the Sonaecom Group companies and their agents, suppliers and/or partners.

III. Portal Registration and Access

  1. Within the scope of the registration on the Portal, the User must fill in the data requested in the registration form.
  2. The User is fully responsible for the truthfulness, accuracy, update and authenticity of the data supplied within the scope of the registration on the Portal.
  3. For purposes of legitimacy, Saphety can contact the User and verify the validity of the registration and/or request that documents proving the mentioned legitimacy are to be sent by electronic means or other means. If not confirmed and/or validated, the mentioned data can be refused by Saphety .
  4. After the registration process, Saphety shall send the User an email with the instructions needed for the latter to confirm its registration and set out an access password.
  5. The username and the password are not transferable and are for the User only to know and use and thus the latter must ensure and protect the confidentiality and safety of the said username and password under any circumstances, and namely by not disclosing them to third parties and not operating under conditions that allow their decoding and copying. And thus for this purpose, the User must ensure that the terminal equipment used to access and use the Portal is duly protected from malicious software. The User is also the sole responsible for all activities occurring in or by means of its account when operated with its username and password, and agrees to promptly inform Saphety of any security flaw in the account and undertake all risks related to the disclosure or misuse of the username and password.
  6. Saphety shall not be responsible for any loss or damage caused by the misuse of the username and password, not directly attributable to it as misconduct or serious fault.
  7. The potential use of the Portal by third parties using the username and password provided by Saphety to the User, with or without the latter’s consent is regarded as carried out by the User, unless proven otherwise.
  8. Saphety reserves the right to restrict or limit the access to the Portal or to part of the Portal, namely as a result of technical conditions.
  9. The User expressly acknowledges and accepts that the IP Network constitutes a public network of electronic communications that can be used by several customers and/or users and, as such, is subject to computer overloads and thus Saphety does not guarantee the access to the Portal without interruptions, loss of information or delays.
  10. Saphety does not also guarantee the access to the Portal in case of unpredictable overload of the system on which it is based or in case of force majeure (situations of extraordinary or unpredictable nature, outside the responsibility of Saphety and that cannot be controlled by Saphety).
  11. In case of access interruption to the Portal due to unpredictable overload of the system on which it is based, Saphety undertakes to rectify its operation at the earliest opportunity.

IV. Conditions of Use

  1. Operations available in the Portal must be carried out by Users who are 18 (eighteen) years old or more.
  2. Elements, information, instructions and orders transferred by the User via Portal enjoy full legal effects and the User acknowledges that the purchases and remaining electronic operations undertaken by the User are binding and that the latter cannot allege the lack of signature as non-fulfilment of any of the obligations undertaken.
  3. The User undertakes to not use the Portal in a way that causes or is able to cause the interruption of the Portal availability or damages to its normal operation. The User also undertakes to meet all legal provisions applicable to the Portal use, namely to not practice or encourage the practice of unlawful acts or acts offensive to moral manners and must also meet the rules of specific use related to the operations offered by the Portal.
  4. Pursuant to the applicable legislation and the Terms of Use, the User undertakes to not use the Portal in any way, including, but not limited to, the following purposes:
    (i) offer, send, transfer any content that is illegal, namely defamatory, invasive of third party privacy, that prejudices under-age children, interdicted or persons with no legal capacity or any third parties;
    (ii) represent or falsely impersonate natural or legal persons;
    (iii) Produce or reproduce texts, data, images or programs with unlawful, criminal, racist, profane, pornographic, obscene content or that in any way can violate human rights or break the legislation;
    (iv) Broadcast, reproduce, publicise the sell, offer, exchange or demand for any copy or way of obtaining a copy or way of using a copy of a computer program, musical work, videogram, written publication or any other work protected by the legislation on copy rights or industrial property or of any other material or information that might legally be protected or that breaches third parties rights, regardless of the support used, without being the owner of the corresponding broadcasting, reproductions, advertising, use rights or authorization legally required;
    (v) Offer, broadcast, send in a negligent or faulty manner any material containing a software virus or any other computer code, files or programs with the purpose to interrupt, destroy or limit the functionality of any computer or computer system (hardware and software) or telecommunications equipment;
    (vi) Collect, store or make available, under any format, information about other Users.
  5. The User undertakes to not allow the use of the Portal resulting in direct or indirect benefit (commercial or other) of third parties without the prior and written consent of Saphety .
  6. If the User renders inaccurate, outdated, incomplete or false information, Saphety is entitled to:
    (i) Suspend or cancel the access to the Portal area of which the use requires authentication;
    (ii) Cancel the supply of any other products or services available, via Portal (or via another Portal related platform) simultaneously offered by Saphety to that same User;
    (iii) Not allow future User access to products or services offered in the Portal by Saphety .
  7. The User undertakes to use the Portal in a responsible and diligent manner.
  8. For reasons of security, there might be operations carried out by the User that are subject to Saphety’s acceptance.
  9. Whenever the User carries out a request through the Portal and there is a deadline related to that operation, the mentioned deadline starts the moment Saphety accepts the request, regardless of the contracts and deadlines that the User has agreed upon with Saphety.

V. Accession to Products and Services

  1. Through the Portal, the user can access or communicate its intention to access products and/or services if these are offered by the Portal and to which can be associated prices, namely to products and services from SaphetyGov, SaphetyBuy and SaphetyDoc.
  2. Each accession carried out by the User on the Portal is regarded by Saphety as an expression of intent to hire or a proposal to hire, and is thus always subject to Saphety’s acceptance. After Saphety’s acceptance, the User shall receive a message with the data related to the request of accession carried out and sent to the contacts set out.
  3. Accession requests for products and/or services carried out by the User via the Portal are its agreement and intention to bind and, if that is the case, to pay for such products and/or services.
  4. The User’s agreement and intention to bind via subscriptions apply to all registrations of all transactions submitted through the Portal, including cancellation notices, policies, contracts and forms.
  5. For the User to access and maintain its electronic registrations, it can be required to hold specific hardware and/or software, for which it shall be the sole and full responsible.
  6. The User acknowledges that its accession to products and/or services can require the use of other products or services not available on the Portal or not offered by Saphety.
  7. Saphety reserves the right to, at any time, eliminate, change and add products and services to the Portal.
  8. For the products and/or services to which the Customer accesses via the Portal, it undertakes to pay the corresponding price, if applicable.

VI. Intellectual Property

  1. The User acknowledges that the Portal has confidential information and is protected by copy rights and associated rights, industrial property laws and remaining applicable legislation.
  2. The User acknowledges that the content present in advertising, highlights, promotion or mention of any sponsor or advertising entity is protected by laws related to copy rights and associated rights, industrial property laws and other property protection laws, and thus the use of these contents can only occur under the express authorization of the corresponding holders.
  3. The User undertakes to fully meet the rights mentioned in the previous numbers, namely refraining from practising acts that might breach the law or the rights mentioned, such as the reproduction, trade, broadcast or their offer to the public or any other acts non-authorized of which these contents are the object.
  4. It is expressly forbidden to remove and/or systematically use part or all the content of the Portal without the prior and express authorization from Saphety. Specifically, all forms of data mining or use of other tools and/or collection and extraction tools of data to reuse them without the prior and express authorization from Saphety are forbidden. The User is also forbidden to create and/or disclose databases containing Portal information (e.g., prices and lists of products and/or services) without the prior and express authorization from Saphety.
  5. At any time and without prior notice, Saphety is entitled to change the content and the configuration of the Portal.

VII. Suspension of Access to the Portal

  1. Saphety can, at any time, promptly suspend or terminate the access to the Portal (and potentially to other technical platforms related and/or underlying the Portal) when the Customer does not respect the conditions of use mentioned in these Terms of Use, in which case it shall inform the User (before or after the suspension, pursuant to the seriousness of the facts that determine the suspension or termination of access).
  2. Suspension or termination of access to the Portal by Saphety, pursuant to the provisions of the previous number and of point XI, do not entitle the User or third parties to any compensation, and Saphety cannot, to the fullest extent of the law, be made liable or in any way charged due to any consequence arising from the suspension, barring or cancellation of the access to the Portal.
  3. Saphety reserves the right to, occasionally and temporarily, restrict or suspend the access to part or to the entire Portal (and potentially to other technical platforms associated and/or underlying the Portal) for purposes of carrying out maintenance, repair actions or actions of introduction of functionalities, products and services, case in which the temporary restriction or suspension shall be limited to the time strictly needed to carry out the actions mentioned.

VIII. Responsibility

  1. Saphety is not liable for losses or damages arising from the non-fulfilment or defective fulfilment of these Terms of Use, when such is not directly or indirectly attributable to it as misconduct or serious fault. And thus it is namely not responsible for:
    (i) Errors, omissions or other imprecisions related to the information provided in the Portal,
    (ii) Damages caused due to the User or third party fault, including violations of intellectual property;
    (iii) Non-fulfilment or defective fulfilment arising from carrying out legal or administrative authorities’ decisions.
    (iv) Non-fulfilment or defective fulfilment arising from situations of force majeure, i.e. situations of extraordinary or unpredictable nature, out of control of Saphety such as fires, power cuts, explosions, wars, riots governmental decisions, strikes, earthquakes, floods, other natural cataclysms or similar situations not controllable by Saphety that prevent or undermine the fulfilment of obligations undertaken.
  2. Saphety shall make all efforts to protect the User’s information storage in the infrastructures offered in the Portal, including those related to fraudulent use and is freely entitled to sub-hire other entities, namely with regard to cloud and storage.

IX. Clarifications and Complaints

  1. Complaints related to the Portal operation must be communicated to Saphety within 30 (thirty) days starting the day the User is aware of the fact at the origin of the Complaint, being that this complaint must be addressed to the contacts mentioned in the following number.
  2. The contacts are the following:
    Customer Support: [email protected]
    Quality: [email protected]

X. Communications

  1. The User accepts to receive all communications and/or notices related to the Portal at the contact telephone number or electronic mail address (e-mail) indicated during the Portal registration process. At any moment, the User can request not to receive these communications. The User undertakes to acknowledge all changes to the availability mode of the Portal, including potential changes to these Terms of Use, directly through the corresponding Portal consultation.
  2. The User undertakes to communicate to Saphety in written any change of address and remaining contacts within a maximum of 30 (thirty) days from the moment of change, under penalty of the User being regarded as notified for purposes of the content of the previous number and pursuant to the law at the address initially indicated.

XI. Termination

The Portal is available for an undetermined period of time and can promptly cease communication and/or notification from Saphety by electronic means with a minimum of 15 (fifteen) days before the date of termination.

XII. Data Protection

  1. Personal identification data used in the Portal registration process identified as mandatory are essential to the Portal availability by Saphety. Omission or inaccuracy of data supplied by the User are the sole and full responsibility of the User and can lead to the refusal to grant access or to use the Portal.
  2. Personal data available shall be electronically processed and stored and are to be used by Saphety within the scope of the contractual and/or commercial relation with the User for the trading of Saphety equipment and services via sending communications of which the reception does not depend on the intervention of the recipient.
  3. Pursuant to the terms foreseen and authorized in the registration process, data made available by the User can be communicated to third parties for purposes of trade of equipment and services by any means including sending communications of which the reception does not depend on the intervention of the recipient pursuant to the applicable legislation.
  4. Pursuant to the applicable legislation, the User is entitled, with no extra charges, to the right of access, correction and update of personal data made available to Saphety, directly or by means of written request, as well as the right to oppose the use of the mentioned data for the purposes foreseen in the previous number.
  5. The traffic and/or geographic location data can, if authorized by the User, be used by Saphety or communicated by Saphety to third parties pursuant to the applicable legislation for purposes of trade of services and/or equipment, as well as for the provision of added value services.
  6. The Portal uses a secure channel where data are inserted and encrypted during the transmission and offers the guarantee and security that the information sent is not accessed by third parties.
    When accessing Saphety and selecting the access to one of the solutions, the User is directed to a login address with HTTPS protocol in order to guarantee that the information communicated between the customer and the server is not seen by third parties. This technology is an implementation of the HTTP protocol on an additional security layer that uses the SSL/TLS protocol. This additional layer allows data to be communicated by means of an encrypted connexion and that the server and customer authentication is verified by means of digital certificates.
    Nevertheless, Internet is an open network and thus personal data, the remaining personal information and the content of the Portal can travel the network and there is the risk of being accessed and used by third parties not authorized for that purpose, and Saphety cannot be held liable for that access and/or misuse.
  7. Saphety has set out a privacy policy, available at http://www3.saphety.com/en/privacy and which the Customer ensures having been made aware and which he accepts.
  8. Saphety has set out a cookies policy, available at http://www3.saphety.com/en/cookies and which the Customer ensures having been made aware and which he accepts.

XIII. Applicable Law

In all that is not foreseen in these Terms and Conditions, the applicable law is the Portuguese Law.