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TERMS & CONDITIONS
These terms govern the use of laranjeirasproperty.com, and all work, Agreements, quotations, offers and deliveries of services or goods by or on behalf of the Service Provider.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
Capitalised words are defined in the relevant dedicated section of this document.
Deviation from these conditions is only possible if the Parties have explicitly agreed in writing.
Contact email: info@laranjeirasproperty.com
“laranjeirasproperty.com" refers to:
this website, including its subdomains and any other website through which the Owner makes its Service available;
the Service;
any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
Definitions
Laranjeirasproperty.com: The property that enables the provision of the Service.Agreement: Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.Owner (or We): Indicates the legal entity that provides laranjeirasproperty.com and/or the Service to Users.Product: A good or service available for purchase through laranjeirasproperty.com, such as e.g. physical goods, services, digital files, software, booking services etc. The sale of Products may be part of the Service.Service: The service provided by laranjeirasproperty.com as described in these Terms and on laranjeirasproperty.com.Terms: All provisions applicable to the use of laranjeirasproperty.com and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.User: Indicates any natural person or legal entity using laranjeirasproperty.com.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using laranjeirasproperty.com.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
1. Content on laranjeirasproperty.com
Unless otherwise specified or clearly recognisable, all content available on laranjeirasproperty.com is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that the content provided on laranjeirasproperty.com infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result, in such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
2. Content on laranjeirasproperty.com - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on laranjeirasproperty.com, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on laranjeirasproperty.com, the User may download, copy and/or share some content available through laranjeirasproperty.com for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
3. External resources
Through laranjeirasproperty.com Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
4. Acceptable use
Laranjeirasproperty.com and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of laranjeirasproperty.com and/or the Service violates no applicable law, regulations, or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to laranjeirasproperty.com or the Service, terminating contracts, reporting any misconduct performed through laranjeirasproperty.com or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities: violate laws, regulations and/or these Terms; infringe any third-party rights; considerably impair the Owner’s legitimate interests; offend the Owner or any third party.
5. Provision of information by the Client
The Client will provide to the Service Provider all information that is relevant for the execution of the service and accepts that if the Client does not, the Service Provider may not be able to carry out the service.
The Client must provide all data and documents that the Service Provider believes are necessary for the correct execution of the service, in a timely manner, in the desired form and in the desired manner.
The Client guarantees the correctness, completeness and reliability of the data and documents made available to the Service Provider, even if they originate from third parties, unless the nature of the assignment dictates otherwise.
The Client permits the Service Provider to share the Client’s information, which is relevant and necessary for the execution of the service, with third-parties in order to properly carry out the service
The Client indemnifies the Service Provider against any damage in any form whatsoever arising from non-compliance with the provisions of the first paragraph of this article.
If the Client does not make the data and documents required by the Service Provider available, or not in time or properly, and the execution of the order is delayed as a result, the resulting additional costs and additional fees will be borne by the Client.
6. Confidentiality
Each of the parties shall never share or distribute the information it receives (in whatever form) from the other party and any other information concerning the other party that it knows or can reasonably suspect is confidential, or information that it may expect that the distribution thereof may cause harm to the other party and shall take all necessary measures to ensure that its personnel also keep the said information confidential.
The obligation of confidentiality described in this article applies for the duration of this Agreement and for a period of seven years after the termination thereof.
If the Client or any of his employees, service providers or natural persons or legal entities otherwise connected to him violate this confidentiality clause, a penalty of €4,500 shall be payable for each day that the violation continues. Claiming the fine does not affect service provider's right to claim damages for this breach.
The confidentiality obligation mentioned in the first paragraph of this article does not apply to information:
that at the time the recipient received this information was already public or subsequently became public without a violation by the receiving party of a duty of confidentiality imposed on him;
of which the receiving party can prove that this information was already in his possession at the time the other party provided it;
that the receiving party has received from a third party whereby that third party was entitled to provide this information to the receiving party
that is made public by the receiving party on the basis of a legal obligation.
that the Service Provider believes is necessary to share with third-parties in order to properly carry out the service.
7. Data Processing
The Service Provider might have access to personal data for which the Client is responsible in the exercise of the service. The Service Provider shall take all necessary organisational and technical security measures to secure this personal data, in accordance with the relevant data protection legislation.
Personal data for which the Client is responsible will be processed by the Service Provider in accordance with the Privacy Policy, available on the Service Provider’s website.
8. Execution of the Agreement
The Service Provider implements the Agreement to the best of its knowledge and ability.
The Service Provider has the right to have work performed by third parties. The Service Provider will inform the Client if third parties are hired to perform (part of) the work.
Implementation of the Services as agreed upon between Parties takes place in mutual consultation and after written Agreement and payment of any agreed advance.
9. Paid Products
Some of the Products provided on laranjeirasproperty.com, as part of the Service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of laranjeirasproperty.com.
10. Product description
Prices, descriptions or availability of Products are outlined in the respective sections of laranjeirasproperty.com and are subject to change without notice.
While Products on laranjeirasproperty.com are presented with the greatest accuracy technically possible, representation on laranjeirasproperty.com through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
11. Purchasing process
Any steps taken from choosing a Product to submitting an order form part of the purchasing process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
12. Order submission
When the User submits an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the full price, taxes and possible further fees and expenses, as specified on the order page, including any balance amounts agreed to be paid at a later date.
In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
13. Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on laranjeirasproperty.com are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
14. Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of laranjeirasproperty.com.
All payments are independently processed through third-party services. Therefore, laranjeirasproperty.com does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
15. Liability and indemnification
Indemnity
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
User’s wilful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
Disclaimer of Warranties
Laranjeirasproperty.com is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained using the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
16. Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of laranjeirasproperty.com and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
17. Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of laranjeirasproperty.com.
18. Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to laranjeirasproperty.com are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with laranjeirasproperty.com are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
19. Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
20. Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
21. Contacts
All communications relating to the use of laranjeirasproperty.com must be sent using the contact information stated in this document.
22. Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
23. Governing law
These Terms are governed by the laws of Portugal and the EU.
24. Dispute resolution
Amicable dispute resolution: Users may bring any disputes to the Owner who will try to resolve them amicably.
In the event of any controversy regarding the use of laranjeirasproperty.com or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 7 days of receiving it.