Terms & Conditions

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Terms & Conditions

I. General Information

AGS – Administração e Gestão de Sistemas de Salubridade, S.A., with registered office at Quinta da Fonte Office Park – Edifício Q54 D. José – Piso 2, 2770-203 Paço de Arcos, Corporate Tax No. 502012005, registered at the Sintra Companies Registration Office.

II. General Conditions

These Terms & Conditions (hereinafter “Terms & Conditions”) regulate the use of the AGS website, accessible at www.ags.pt (hereinafter the “AGS site”).

AGS is the rightful and exclusive owner of the AGS site.

Use of the AGS site by users (“User”) assumes and implies awareness and acceptance by the User of these Terms & Conditions.

The User declares that he/she has the legal capacity necessary to accept these Terms & Conditions.

AGS reserves the right to alter this Terms & Conditions, freely and at any time, and each alteration will come into effect immediately after publication on the AGS site. Any use of the AGS site after any alteration to the Terms & Conditions constitutes acceptance of the new Terms & Conditions.

It is import to check these Terms & Conditions regularly. If you do not agree to be bound by the Terms & Conditions and in compliance with the applicable law, you should stop using the AGS site immediately.

If you wish to receive a copy of these Terms & Conditions, please send an e-mail to protecaodados@ags.pt, with “Terms & Conditions” in the subject line.

III. Use of the AGS site

The AGS site is provided for personal use only and may not be used for commercial purposes except when such use is expressly approved or authorised by AGS. Use of the AGS site is limited to users aged 13 or over. Provided these Terms & Conditions and the applicable law are respected, particularly in terms of copyright and industrial property rights, and criminal laws, the User shall enjoy complete freedom of use of the AGS site. The User is solely responsible for the use he/she makes of all the content available on or from the AGS site, in accordance with these Terms & Conditions. The following activities are expressly prohibited:

(i) engaging in illegal activities or activities that infringe the rights of AGS or its users or other users of the internet;

(ii) using an identity other than that of the User or falsifying or concealing the identity of the User in any way in e-mail messages or any other internet service;

(iii) producing or reproducing content of an offensive or defamatory nature liable to violate the privacy or other rights of third parties;

(iv) producing or reproducing texts, data, images or programs with content that is unlawful, criminal, racist, profane, pornographic, obscene or that could in any other way violate human rights or infringe the legislation in force;

(v) transmitting, reproducing, advertising the sale, offer or demand for any copy or means of obtaining a copy or way of using a copy of a computer program, musical work, video, written publication or other work protected by the legislation on copyright or on industrial property or of any other material or information that may be legally protected or in breach of the rights of third parties, irrespective of the method used, without holding the rights to transmission, reproduction, publication, use or authorisation legal required;

(vi) interfering with or otherwise restricting the use of the AGS site or breaching any rules, regulations or standards of the networks connected to the AGS website;

(vii) introducing, transmitting or otherwise making accessible any material that contains viruses, programs, systems or files that destroy or limit the operation and/or capacity of any computer, including software and hardware or electronic communications equipment;

(viii) promoting or providing information about illegal activities, such as physical offences against other individuals or acts of cruelty against animals.

IV. Breach of the Terms & Conditions

AGS reserves the right to take all the steps it deems necessary to safeguard its rights in the event of breach or attempted breach of the Terms & and Conditions. It may choose to suspend or block access to and use of the AGS site, without the user having any right to any form of compensation as a result of this.

V. Exclusion of Liability

The entire content of the AGS site, including, in particular, texts, graphs, images, sounds, logos, brands, domains and any other elements, is the property of AGS, which holds the copyrights and industrial property rights for it, with the exception of the content provided by commercial partners and which is identified as such.

The copyright protection of AGS content extends to all reproductions or copies obtained from the content of the AGS site.

The User's data may circulate on the network, running the risk of being seen or used by unauthorised third parties.

AGS shall not be liable for any direct or indirect losses or damage suffered by any User relative to the information contained on the AGS site or arising from the use the User makes of the AGS site, particularly losses of changes of User information; AGS does not guarantee the confidentiality or privacy of any information sent by the User whenever such information is sent via internet without additional security measures.

Access to and use of the AGS site are subject to interference, interruptions, disconnections or other anomalies, particularly as a result of breakdowns, overloads, or other events beyond the control of AGS and the User expressly acknowledges that no liability may be attributed to AGS relative to damage, potential or actual, that may directly or indirectly arise for the User as a result of the occurrence of such events.

AGS does not guarantee that the AGS will function uninterruptedly or that it is free of errors, viruses or other harmful elements. AGS is not liable for any faults, incorrection operation or incompatibility, particularly with the User's hardware, and is not obliged to provide support in the use of the AGS site nor to guarantee that the site will serve the purposes required by the User.

AGS reserves the right to add to, eliminate or change the content of the AGS site at any time.

AGS reserves the right to prevent access to and use of the AGS site to any Users that breach any provision of these Terms & Conditions or any legal requirements, particular with regard to the use of the internet and its users.

AGS is not responsible for the accuracy, quality, security, legality or lawfulness, including compliance with the rule on copyright and related right, with regard to the content, products or services contained on the AGS site that have been provided by commercial partners, as well as any information contained on third-party sites the AGS site establishes links to.

Nor is AGS responsible for any acts or omissions of these third parties regarding the content, products or services and it does not guarantees that these products or services can achieve the results the User wishes.

AGS does not accept any responsibility for consequences arising from access by the Users to third-party sites via links provided by AGS.

VI. Responsibility of the User

Users are solely and exclusively responsible for how they use the AGS site. Therefore, they undertake to respect the applicable law, particularly the Code of Copyright Law and Related Rights, the Code of Industrial Property and the Cyber Crime Act, as well as to act in good faith and use the site in a way that does not violate any third-party rights, particularly image rights, the right to a good name, the right of honour and the right to privacy, as well as not to make any attacks based on race, nationality, ethnic origin, religion or political or sexual convictions, not to defame, incite theft, fraud, violence, terrorism, sadism, prostitution, paedophilia, as well as not to use content of an obscene, unseemly or pornographic nature.

Users are authorise to use the content of the AGS solely and exclusively for the purpose for which it was designed and any reproduction, publication or public disclosure or making the content accessible to third parties by any other means for public communication or marketing purposes is expressly prohibited, nor may any changes be made to the content.

Any sources codes or software provided on the AGS site and that are the property of AGS may be used solely and exclusively for the purposes they are designed for. Users may not reproduce or communicate these source codes or software or make them available to third parties. With regard to software that is duly identified as belonging to third parties, the User must comply with the rules imposed by these third parties when using the software.

The User undertakes to keep any access codes provided to him/her for use on the AGS site strictly confidential and he/she shall be held liable for any damage or losses that may be caused to AGS or to third parties due to illegal or incorrect use of the AGS site, and undertakes to immediately inform AGS of any breaches or incorrect use he/she may be aware of.

The User is expressly prohibited from creating or introducing into the AGS site any types of virus or programs that damage or contaminate or advising third parties to do so.

The User undertakes not to invade the privacy of other Users of the AGS site, also undertaking not to send unsolicited messages, not to collect, process or communicate personal data without the consent of the data subject and not to send false or misleading messages or messages that breach any legal regulations in force.

The User is solely responsible for any direct or indirect losses caused to himself/herself, AGS or any third parties in relation to how he/she use the AGS site, undertaking to proceed with the payment of compensation that may be awarded as a result of any proceedings, complaints or convictions that may give rise to this.

VII. Third-party Links

The AGS site may include links to websites, applications, resources or other services created by third parties (“Third-party Services”). When the User interacts with Third-party Services, he/she is interacting with that third party and not with AGS.

If you choose a Third-party Service and share information with it, that Third-party Service may use and share your data in accordance with its own privacy policy and the privacy definitions provided for in that Third-party Service.

Before using a Third-party Service, you should read its Privacy Policy carefully.

The third party providing the service may also use other entities to provide part of all of the service, such as technology, development and payment services. AGS is not responsible and provides no express or implied guarantee regard Third-party Services or the providers of Third-party Services (including, but not limited to, the accuracy or completeness of the information provided for such third-party services or their privacy practices).

The inclusion of or the link to any Third-party Services does not signify approval or endorsement by AGS of the Third-party Service in question.

When you access a Third-party Service, you do so at your own risk. AGS urges you not to provide any personal identification information to a Third-party Service unless you know and feel comfortable with the third party you are interacting with.

VII. Suspension or removal of the AGS site

AGS may suspend or remove access to an use of the AGS site freely and at any time without this fact giving rise to any right of compensation to the User.

IX. Law and Applicable Jurisdiction

Portuguese law shall apply to any issues not expressly dealt with in the Terms & Conditions.

In the event of a dispute as to the validity, effectiveness, interpretation, integration, application of or compliance with these Terms & Conditions, AGS and the User agree that this shall be submitted to the exclusive jurisdiction of the Lisbon District Court, expressly renouncing any other.

X. Other Applicable Provisions

Non-exercise by AGS of any rights or provisions of these Terms & Conditions does not constitute a waiver of such rights or provisions.

The titles of the sections in these Terms & Conditions are included for convenience only and have to legal or contractual effect. These Terms & Conditions are applicable to the fullest extent permitted by the applicable law.

If any provisions of these Terms & Conditions are deemed illegal, null and void or unenforceable, such provisions shall be separated from the remainder and will not affect the validity of the other provisions.

If you still have any questions about these Terms & Conditions, please contact us at protecaodados@ags.pt.

Paço de Arcos, revised in 2019.