Terms of Use

1. SCOPE AND PURPOSE

These Terms and Conditions of Use (“Terms and Conditions”) apply to visitors of this website and are intended to regulate the terms and conditions applicable to its use.

The website is owned by FUNDAÇÃO ANTONIO PARGANA, with registered office at Praça de Alvalade, n.º 7 – 8º Dto., 1700-036 Lisbon, Tax ID No. 517 829 037 (“FAP”).

The use of the website and its respective services, through the address www.fundacaoap.pt (the “Service”), is subject to the terms of a contract between the user and FAP. This document explains the formation of the contract and sets out its respective terms.

Browsing the website implies acceptance of these Terms and Conditions by the User. If the User does not agree with the terms set out herein, they must not access, browse, or use the website.

FAP reserves the right to amend these Terms and Conditions without prior notice, and any changes will be published on the website www.fundacaoap.pt.

2. LIABILITY

  1. All services made available through this website comply with Portuguese Law.
  2. The website has adequate security levels; however, FAP shall not be liable for any losses suffered by the User and/or third parties due to delays, interruptions, errors, or communication suspensions arising from factors beyond its control, namely any deficiencies or failures caused by communication networks or services provided by third parties, computer systems, modems, connection software, or any computer viruses resulting from downloading infected files or files containing viruses or other properties that may affect the User’s equipment. If, for any reason, an access error to the website results in the impossibility of providing the Service, FAP shall not be liable for any damages.
  3. Consultations of data and information are presumed to be carried out by the User, exempting FAP from any liability arising from abusive or fraudulent use of the information obtained.
  4. FAP shall not be liable for any losses or damages caused by abusive use of the Service that are not directly attributable to it by reason of intent or gross negligence.
  5. FAP shall not be liable for losses or damages arising from non-performance or defective performance of the Service when such is not directly or indirectly attributable to it by reason of intent or gross negligence, and shall not be liable in particular for: (i) errors, omissions, or other inaccuracies relating to the information made available through the Service; (ii) damages caused by the fault of the User or third parties, including violations of intellectual property; (iii) non-performance or defective performance resulting from compliance with judicial decisions or administrative authorities; or (iv) non-performance or defective performance resulting from force majeure events, namely extraordinary or unforeseeable circumstances beyond FAP’s control, such as fires, power outages, explosions, wars, riots, civil unrest, governmental decisions, strikes, earthquakes, floods, or other natural disasters or other circumstances not controllable by FAP that prevent or hinder the fulfilment of its obligations.
  6. FAP does not guarantee that:
    1. the Service will be provided uninterruptedly, securely, error-free, or on a continuous basis;
    2. the quality of any service, information, or other material obtained through the Service will meet the User’s expectations;
    3. any material obtained in any way through the use of the Service is used at the User’s own risk, and the User shall be solely responsible for any damage caused to their computer system or equipment or for any loss of data resulting from such operation;
    4. no advice or information, whether oral or written, obtained by the User from or through the Service shall create any warranty not expressly stated in these Terms and Conditions.
  7. The User agrees that FAP shall in no event be liable for any damages, including but not limited to damages for loss of profits, data, content, or any other losses (even if previously advised by the User of the possibility of such damages), resulting from:
    1. the use or inability to use the Service;
    2. the difficulty in obtaining any substitute goods/services;
    3. unauthorized access to or modification of personal databases.


3. USER OBLIGATIONS

  1. The User undertakes to:
    1. Provide personal data, where necessary, that is accurate and up to date;
    2. Use the Service only for the purposes permitted by the Terms and Conditions and applicable law;
  2. By agreeing to these Terms and Conditions, the User declares that, upon accessing the Service, they are of legal age and/or have the legal capacity to provide consent and to be contractually bound by the performance and provision of the Service.
  3. The User agrees that they are solely responsible (and that FAP has no responsibility towards them or third parties) for any breach of their obligations under the Terms and Conditions and for the consequences (including any loss or damage) of such breach.


4. PRIVACY AND PERSONAL DATA PROTECTION

  1. FAP guarantees the confidentiality of all data provided by Users.
  2. The User’s personal data will be processed and stored electronically and are intended to be used by FAP within the scope of the contractual relationship with the User.
  3. FAP respects the User’s privacy and the protection of their personal data. Any information collected on the website will be kept confidential and will not be disclosed to third parties without the User’s prior express consent.
  4. The data provided by the User will be processed exclusively to provide the services requested by the User and to improve their experience on the website. For more information on the processing of your personal data, please consult the Privacy Policy.


5. INTELLECTUAL PROPERTY

  1. The website and the Service are the property of FAP.
  2. The User acknowledges that FAP is the owner or, where applicable, the holder of the corresponding licenses for the exploitation rights of the intellectual and industrial property of the website and the Service, as well as all content made available therein, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it.
  3. Under no circumstances shall it be understood that access, browsing, and use of the website by the User imply a waiver, transfer, license, or total or partial assignment of such rights by the provider. The User is granted the right to use the content and/or services of the website strictly within a domestic scope and exclusively for the purpose of enjoying the Service in accordance with the Terms and Conditions.
  4. The User undertakes to fully respect the rights referred to above, namely by refraining from performing any acts that may violate the law or such rights, such as reproduction, commercialization, transmission, or making such content available to the public, or any other unauthorized acts relating to the same content.
  5. It is prohibited to remove or manipulate copyright notices or other credits identifying the holders of rights in the content found on the website, as well as the technical protection devices incorporated into the content made available on the website.


6. SERVICE SECURITY CONDITIONS

  1. The User undertakes to comply with all applicable legal provisions, namely not to engage in or promote unlawful acts or acts contrary to public morals, such as the indiscriminate sending of unsolicited communications (spamming) in violation of the legislation applicable to the processing of personal data and advertising communications through automated calling devices, and shall also comply with the rules governing the use of the Service, failing which FAP may suspend or deactivate the Service under the terms set out in section 7.
  2. The User expressly acknowledges and accepts that the IP network constitutes a public electronic communications network susceptible to use by multiple users and, as such, subject to computer overloads, and therefore FAP does not guarantee the provision of the Service without interruptions, loss of information, or delays.
  3. FAP likewise does not guarantee the provision of the Service in situations of unforeseeable system overloads on which it depends or in cases of force majeure (extraordinary or unforeseeable circumstances beyond FAP’s control).
  4. In the event of interruption of the Service due to unforeseeable system overloads, FAP undertakes to restore its operation as soon as possible.


7. SUSPENSION AND DEACTIVATION OF THE SERVICE

  1. Without prejudice to any prior or subsequent communication, FAP may, at any time and at its sole discretion, discontinue the provision of the Service and/or part of the Service to one or all Users.
  2. FAP further reserves the right to immediately suspend or terminate access to the Service if the User fails to comply with the applicable conditions of use.
  3. The suspension or termination of the Service by FAP under the preceding paragraphs shall not entitle the User or third parties to any compensation or indemnity, and FAP shall not be liable or otherwise burdened by any consequence resulting from the suspension, cancellation, or termination of the Service.


8. TECHNICAL CONFIGURATIONS

  1. Without prejudice to the provisions of the following paragraph, FAP may modify the Service and/or its technical conditions of provision, as well as the respective rules of use, at any time.
  2. The version of these Terms and Conditions in force at any given time is available on the website www.fundacaoap.pt.
  3. The website may provide links to pages of other entities. These websites do not belong to, nor are they operated or controlled by FAP, and therefore FAP is not responsible for, nor does it approve, endorse, or in any way support the content of such websites, nor of websites linked to or referred to therein. The use of such links is the sole responsibility of the Users.


9. COMMUNICATIONS

  1. Whenever FAP deems it necessary or convenient to optimize the browsing experience and/or improve connectivity conditions, it may remotely reformulate network configurations.
  2. Without prejudice to the following paragraph, and given the innovative nature of the Service and the technological developments to which it may be subject, FAP may modify its technical configurations whenever deemed appropriate to adapt it to technological developments.
  3. FAP does not guarantee the User the implementation of any upgrades or improvements to the Service.


10. APPLICABLE LAW

These Terms and Conditions are governed by and construed in accordance with Portuguese law.

Any issues or disputes arising from the interpretation, compliance, or execution of these Terms and Conditions shall be subject to the jurisdiction and competence of the Courts of Lisbon.

To submit complaints regarding the use of our services, you may send an email to bernardoivocruz@fundacaoap.pt, and we undertake at all times to seek an amicable solution to the dispute.

These Terms and Conditions were last updated on September 30, 2024.