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TERMS AND CONDITIONS OF USE

(17.12.2015)

Introduction and Scope

The BoCS Platform available on https://bocs.csassociados.pt (“Platform”) is the property of Campos Ferreira, Sá Carneiro & Associados, Sociedade de Advogados, R.L., legal entity number 509221351, with registered offices at Avenida da Liberdade, nr. 249, 8th, 1250-143 Lisboa, Portugal (“CS Associados”).

While using or visiting the Platform, including the information, data files, text files, charts, documents or other (“Contents”), as well as by using the tools, resources and services (together, and including the Contents, referred to as “Services”) made available through the Platform, you are, either in the quality of a user or visitor (“User”), accepting and agreeing with (i) these Terms and Conditions of Use (“Terms and Conditions”) and (ii) the privacy and data protection policy available here (“Privacy Policy”).

These Terms and Conditions apply to all Users of the Platform, including browsers, customers and/ or contributors of Contents.

Users should carefully read these Terms and Conditions before accessing or using the Platform and/or any Services. If a User is not satisfied with or does not agree with all or part of the Terms and Conditions, the User should immediately cease to use or access the Platform and any Services, as well as request the cancelation of the respective User Account.

Services

Through the Platform, CS Associados provides the User with access to the Services. The Services, including any updates, developments, new tools, features and/or new Web properties or Contents added to the Platform, are subject to the Terms and Conditions.

Rights and Obligations of the User

By accessing and using the Services and/or by transferring or downloading Contents from the Platform, the User agrees, in his/her own name and/or on behalf of the entity the User represents, to strictly comply with the provisions of the Terms and Conditions, further representing and warranting that the User has the capacity to do so and, if applicable, the power to act on behalf of the entity the User represents.

The User must not access the Services by any other means other than via the interface made available by CS Associados on the Platform, or access (or try to access) the Platform and/or the Services through automated means (including the use of scripts or web crawlers).

The User may not, under any circumstances, use the Platform or the Services for any purposes other than the respective purpose, including for unlawful purposes or in violation of any applicable laws or regulations (namely copyright laws), or any other ends that may be considered harmful to the image of CS Associados. Except in what concerns the transfer, copying and/or printing of Contents allowed by the Platform, the User accepts not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, the Services and/or the Contents, without express written consent by CS Associados. Usurping, counterfeiting, and using usurped or counterfeited Contents, as well as non-legitimate identification and unfair competition are criminal offenses punished by law.

Additionally, the User must not create or place in the Platform any type of virus or programs that may harm or contaminate it, must not advise others to do so, and may not, in general, use the Platform to transmit any worms, viruses or codes of a destructive nature.

The User acknowledges that the Contents contain data subject to secrecy or confidentiality undertakings, it being an essential condition for making the Services available to the User that the User complies with the undertaking to keep such data confidential and not to disclose it without the express prior consent of the respective owners or of CS Associados, as applicable.

The User understands that the respective Contents, other information and data may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

The default or breach of any provision of the Terms and Conditions will result in immediate termination of User access to the Platform and to the Services.

User Account

In order to access the Platform and the Services, the User is required to provide some personal data (such as identification and contact details) within the registration process for the creation of a profile and User account at the Platform (“User Account”). For such purpose, the User should provide a valid email address to which the User has the right to legitimately access, as well as any other information necessary for completion of the process of setting-up a User Account. The information provided must be accurate, updated and complete.

The User is responsible for maintaining the confidentiality of the respective means to access the Platform, namely of his/her password and of the data required for the two-factor authentication procedure.

The User Account is personal and non-transferable and must not be used by any third-party without the prior consent of CS Associados. Should the User detect any illicit use of his/her User Account, the User must immediately communicate the occurrence to CS Associados.

The User is the sole responsible for any damage deriving from illicit usage of the respective User Account or in breach of the Terms and Conditions, as well as for any Contents made available in the Platform pursuant to the User’s instructions.

In case CS Associados deactivates, or in any other way prevents the User from accessing his/her User Account, the User understands and accepts that such action may prevent the User from accessing the Services, his/her User Account details and/or any Contents in the Platform.

Rights and Obligations of CS Associados

CS Associados reserves the right to, at any time, in total or in part, (i) modify, suspend or terminate the Services based on any grounds and without previous notice; (ii) deny access to the Platform and/or to the Services pursuant to its discretionary criteria; (iii) remove Contents and User Accounts associated to Contents that, pursuant to the discretionary criteria of CS Associados, are illicit, offensive, threatening, defamatory, obscene or condemnable, or that violate third-party intellectual property rights or these Terms and Conditions; (iv) refuse or remove any Contents made available under the Services; (v) cancel Users’ Accounts as a result of breach of the Terms and Conditions.

CS Associados also reserves the right to, at any time, amend the Terms and Conditions, such amendments becoming effective as of the date of their posting on the Platform or the date on which notices are served in such respect.

CS Associados commits to (i) provide technical support (available via email to bocs@csassociados.pt) to any User with a User Account so as to permit access to the Platform and to the Services; (ii) provide the Services and grant Platform access to validly registered Users, in compliance with the Terms and Conditions.

Intelectual Property

Ownership

All information concerning the Platform and the Services, as well as all data and information accessible therein and compiled by CS Associados, or associated to the same (namely data files, written text and other Contents) to which the User has access as part of the Services and/or by using the Platform, are deemed property of CS Associados or of any third-party duly identified. The User may not modify, assign, lend, borrow, sell, distribute, or create a derivative work based on the referred contents (partially or totally), unless express consent from CS Associados or of the third-party holder of the respective intellectual property rights is obtained.

The User acknowledges and accepts that CS Associados and CS Associados’ licensors (as applicable) own all intellectual property rights (either registered or unregistered, in any part of the world where such rights may exist) relative to the Platform and the Services. CS Associados owns all rights not expressly granted to the User by these Terms and Conditions.

The User agrees not to remove, hide or change any intellectual property rights’ notices or disclaimers (including copyright and trademark notices) that may be posted or made in the Platform and/or the Services.

Brands and Related Material

Unless expressly authorised by CS Associados to do so, nothing in the Terms and Conditions grants the User the right to use any trademarks or registered tradenames, service brands, logos, domain names, and other brand characteristics distinctive of CS Associados.

Software

CS Associados grants the User a personal, worldwide, free of charge, non-transmissible and non-exclusive license to use the interface provided by the Platform to access the Services (“Software”). This license has the sole purpose of allowing the use and enjoyment of the Services as provided by CS Associados, through the Platform and under the Terms and Conditions.

The User may not (nor may allow third-parties to) copy, modify, create a derivative work, reverse engineer, decompile, or, in any manner, attempt to extract the source code of the Software or of any part of the Software, unless if expressly permitted or the User is specifically authorised to do so, in writing, by CS Associados.

Unless CS Associados has granted the User an express authorisation for the purpose, the User may not assign (or sublicense) his/her rights to use the Software, neither may the User grant his/her rights to use the Software as security nor, alternatively, transfer any part of his/her rights to use the Software.

Disclaimer of Warranties

To the fullest extent permitted by applicable Law, the Services made available to the User via the Platform are (except if expressly indicated otherwise), provided “as is” and “as available”, and CS Associados does not make any representation nor grants any warranty of any kind, either express or implied, regarding the Services, including in what concerns their accuracy, completeness, suitability for a particular purpose, title and non-infringement of third-party rights.

In particular, CS Associados does not represent or warrant to the User that (i) the use of the Platform and/or the Services meets the User’s needs or expectations; (ii) the use of the Platform and/or Services is uninterrupted or timely, available for indefinite periods of time or unsusceptible of being cancelled without prior notice; (iii) the use of the Platform and/or the Services (including access, visualisation, transfer and/or download of Contents) is secure, accurate, complete or error or omission free; (iv) the results or any information obtained from the use of the Platform and of the Services are accurate or reliable; and (v) defects, if any, in the operation or functionalities of the Platform, the Services and/or of any Software supplied or licensed as part thereof will be corrected.

The Contents are made available in the Platform, in digital / softcopy format, for general information, solely with the purpose of facilitating the organization and consultation by the User of the information that may be relevant or useful for the User, and do not exempt the consultation of, or should not be considered or relied upon or used by the User as the sole basis for making decisions without consulting, other information sources, namely the original documentation, in hardcopy, corresponding to the Contents. Any reliance on the Contents made available in the Platform is at Users’ own risk. Should you find any inaccurate or incomplete information in the Platform or Contents, please report it by contacting us via the contacts provided below.

No conditions, warranties, or other terms (including any implicit terms in what concerns satisfying quality, suitability for a purpose or conformity with the description) apply to the Platform and/or the Services, except to the extent they are expressly set forth in the Terms and Conditions.

Limitations of Liability

To the extent legally permitted, CS Associados shall not be liable to the User for any damages resulting from:

(a) The use or visualisation of the Platform and the Services (as well as of any materials made available therein). The User expressly acknowledges and accepts that the use of, or inability to use, the Platform, the Services and/or any material made available or in any other way obtained by using the Platform and/or the Services, is at the User’s sole own risk and expense;

(b) Any (i) changes CS Associados may perform to the Platform or the Services or any temporary or permanent termination of the Services or of the Platform’s availability (or of any functionalities thereof); (ii) removal, corruption or storage error of any Contents or other communication data maintained or transmitted when using the Platform and/or the Services; (iii) violation of the Terms and Conditions; (iv) non-maintenance of the security and confidentiality of the User’s password, of other means to access the Platform and/or any details of the User Account.

The liability of CS Associados for any damages regarding the Platform and/or the Services, caused by CS Associados, its representatives, officers, employees, agents, contractors, service providers, collaborators and licensors, is limited to the cases of intent or gross negligence.

The Terms and Conditions do not hinder the exercise of any other rights set forth under applicable laws and regulations.

Indemnification

The User agrees to indemnify, defend and hold harmless CS Associados, as well as any related entities, their representatives, officers, employees, agents, contractors, service providers, collaborators and licensors, against any claims or indemnity requests, including reasonable costs and attorneys’ fees, made by any third-parties arising out of breach of the Terms and Conditions by the User.

Privacy Policy and Protection of Personal Data

The Privacy Policy contains an explanation of the procedures adopted by CS Associados regarding the processing of Users’ personal data and the protection of their privacy when using the Platform and the Services. The User accepts that, upon proving his/her express consent for such purpose, CS Associados will collect and process personal data pursuant to the Privacy Policy.

Third-Party Materials and Links

Certain Contents and Services available through the Platform may include third-party materials or links to third-party websites. CS Associados is not responsible for the contents, materials, products or services provided or made available by third-parties, and any claims or queries regarding the same should be addressed to the relevant third-party.

These Terms and Conditions, as well as the Privacy Policy, apply only to the Platform and, as such, should not be understood as governing the websites or any third-party services.

Miscellaneous

Entirety

The Terms and Conditions, together with any other policies or use regulations published by CS Associados in the Platform or provided to the User regarding the Services, constitute the entire agreement between the User and CS Associados concerning the access and use of the Platform and of the Services by the User (excluding any Services that may be rendered by CS Associados under a separate contract), fully replacing any previous agreements made between the User and CS Associados concerning the same scope (including, namely, any previous versions of the Terms and Conditions).

Exercising Rights

Failure by CS Associados to exercise any right or to demand compliance with any duties or obligations arising to the User out of the Terms and Conditions shall not be deemed to constitute a waiver of such rights or provisions nor precludes their subsequent exercise.

Severability

Should any provision of the Terms and Conditions be declared unlawful, invalid or ineffective, the affected part shall be deemed to not be part of the Terms and Conditions, provided that it was not essential for acceptance hereof. In that case, the validity and enforceability of the remainder provisions shall not be affected as a result thereof, and CS Associados reserves the right to, if applicable, modify the Terms and Conditions in order to suppress the affected provision and adjust it to the presumed will of the parties.

Notices/Communications/Complaints

Any notifications and communications from CS Associados to the User under the Terms and Conditions must be preferentiality sent to the email or post address made available by the User on the respective User Account, without prejudice of CS Associados’s ability to resort to other elements and methods of contact.

Any notices, communications and complaints from the User to CS Associados must be submitted preferentiality to the email bocs@csassociados.pt.

Applicable Law and Jurisdiction

The Terms and Conditions, as well as the User’s relationship with CS Associados in accordance thereunder, are governed by the laws of Portugal. Any conflict arising out of or related with the interpretation and execution of the Terms and Conditions shall be submitted to the exclusive jurisdiction of the courts of Lisbon, without prejudice of a mandatory legal provision setting forth otherwise. Notwithstanding, CS Associados may apply for a protective order (or other equivalent means of urgent legal action) in any jurisdiction.