1. GENERAL CONDITIONS AND THEIR ACCEPTANCE
The present General Conditions of Use, hereinafter referred to as "General Conditions", regulate the use of the https://www.classandspeed.com Internet service, hereinafter referred to as the "website", which Class and Speed Auto, Lda, hereinafter referred to as "CSA", makes available to Internet users.
Use of this website confers on the person doing so the condition of website user, hereinafter "user", and expresses the full and unreserved acceptance by the user, when accessing the website, of each and every one of the General Conditions published herein by the CSA.
2. OBJECT
Through its website, the CSA provides users with access to and use of various services and contents, which may be made available to users by the CSA or by third party users of the website and/or third party suppliers of services and/or contents.
CSA reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of its website, as well as the conditions for its use.
3. CONDITIONS OF ACCESS TO SERVICES
3.1 - Free of charge services
The provision of the website service by the CSA is free of charge for users and does not require prior registration.
3.2 - User registration
However, the CSA may reserve some services offered through the website for registered users by filling in a form, which functions as the identification of that user.
4. CONDITIONS OF USE OF THE SERVICES
4.1 - Obligation to make a correct use of the website
The user undertakes to use the website in accordance with the law, with these General Conditions and with generally accepted moral principles and good customs.
The user is obliged to abstain from using the website for illicit purposes or effects, contrary to what is established in the present General Conditions, harmful to the rights and interests of third parties or that in any way may damage, render useless, overload, deteriorate or impede the normal use of the website.
4.2 - Means of obtaining Contents
The user must abstain from obtaining and attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any type of material accessible through the website, using for this purpose means or procedures other than those made available to him/her by the CSA.
5. USER RESPONSIBILITY
5.1 - The user undertakes to use the content present on the website in a diligent, correct and lawful manner, undertaking, in particular, to refrain from
i ) Perform or attempt to perform illegal activities that infringe the rights of the CSA, the users of the website https://www.classandspeed.com the other Internet users or any third party not listed here;
(ii) Engaging in continued and persistent acts of provocation directed at third parties, as soon as their cessation has been requested by the targets of such acts or by the CSA;
iii) Use or attempt to use an identity other than their own, impersonate or attempt to impersonate someone or some entity including, namely, an official of the CSA;
iv ) Make available, transmit, send, produce or reproduce any content that you do not have the right to use (including, without excluding any others, confidential information obtained as a result of your position or employment);
v ) To make available, transmit, send, produce or reproduce any content that infringes any patent, trademark, industrial secret, or any other type of copyright of any person, entity or institution;
vi ) Make available, transmit, send, produce or reproduce any unsolicited content including but not limited to promotional material, junk mail, spamming, chain letters, pyramid schemes;
vii ) To make available, transmit, send, produce or reproduce, purposely or accidentally, any material that contains software viruses or any other computer code, files or programs whose purpose, even if not achieved, is to interrupt, destroy or limit the functionality of any computer or computer system (hardware or software) or telecommunications equipment;
viii ) Collect, store, make available, transmit, send, produce or reproduce in any format, the personal information of third parties;
5.2 - Failure to comply with the above will constitute grounds for the immediate suspension or cessation, whether partial or definitive, temporary or permanent, of the use of the website, as well as, in applicable cases, the elimination of any records or files corresponding to the respective user, without any prior notice and with immediate effect.
6. LIABILITY OF CLASS AND SPEED AUTO, LDA
The website https://www.classandspeed.com was created by the CSA with information from internal and external sources and is made available to users in its current state and may contain inaccuracies or errors.
The CSA is only liable for any damages that the user may suffer as a result of using the website, when such damages can be attributed to the user as a result of his/her wrongful intent.
CSA shall not be liable for any type of damage or loss which may result from, but is not limited to, the following:
1. Interferences, omissions, interruptions, computer viruses, telephone breakdowns and/or operational disconnections of the electronic system, in the contents or in services provided by third parties, motivated by causes beyond the control of CSA and which may determine a lack of availability or continuity in the functioning of the website, or produce alterations to the computer system, electronic documents or user files;
2. Delays or blockages in the use caused by deficiencies or overloading of the internet or other electronic systems, namely, failures in the access to web pages of the website or of the services associated to it;
3. Illegitimate intrusions by third parties outside the control of the website and not attributable to CSA, including intrusions caused by the knowledge that unauthorised third parties may have of the conditions, characteristics and circumstances of the use that users make of the website;
4. Divergences in information, documentation and/or other website content that may exist between the electronic version and the printed version, as well as failure to meet the expectations of usefulness that users may have attributed to the website;
5. Lack of veracity, completeness, timeliness and accuracy of the content, data or information of any nature, including those relating to offers, products, services, prices, features and any other relevant data and information relating to products and services offered through the website, including those provided by third party suppliers ;
6. Transmission, diffusion, storage, availability, reception, obtaining or access to contents;
7. Possible errors or security deficiencies that may arise from the use, by the user, of a browser with an outdated or insecure version, as well as by the activation of devices for the conservation of passwords or user identification codes in the browser, or by the damages, errors or inaccuracies that may result from its malfunction;
8. Functioning, availability and accessibility of the websites to which it may refer through links, continuity of information, contents and services existing in those websites, quality, lawfulness, reliability and usefulness of the information, contents and services existing in those websites.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of this website (including, without limitation, texts, graphics, logos, icons, databases, images, text files, audio, video and software) are the property of CSA, its clients or suppliers or the content providers, and are protected by national and international standards of industrial and intellectual property.
The compilation (understood as the recompilation, ordering and assembly) of all the content of the website is the exclusive property of CSA and is protected by national and international industrial and intellectual property laws. All software used on the website is the property of CSA or its software suppliers and is protected by national and international industrial and intellectual property laws.
The reproduction, alteration, copy, use, distribution, commercialisation, public communication or any other use of the information contained on this website (including its own design, configuration and form of presentation of the site) which is carried out without the authorisation of the CSA, constitutes an infringement of current legislation on intellectual property.
Under no circumstances shall it be understood that a licence is granted or the aforementioned rights are renounced, transmitted or assigned, totally or partially, without the prior express authorisation of the CSA or of the respective owners.
Under no circumstances shall it be understood that any right is granted, and in particular, no right to alter, exploit, reproduce, distribute or publicly communicate the said contents without the prior express authorisation of the CSA or the respective owners.
8. PERSONAL DATA
For the use of some services, users may be asked to previously provide CSA with certain personal data ("Personal Data"), such as name, location, e-mail and telephone contact. These personal details will be used internally for commercial purposes, namely to respond to requests for information by telephone/email, sending postal/electronic mail (newsletters), sending sms, among other communication tools.
9. COOKIES
CSA informs you that it will send files, "Cookies", to the hard disk of the user's computer that will register the user's activities on the page visited, in order to collect information on the number of users, the most popular areas, as well as the user's consumption habits.
For further details please see our Cookies Policy.
10. LINKS TO THIRD PARTY SITES
The website https://www.classandspeed.com may provide links to third party sites which it considers to be of interest to users. In this case, the site https://www.classandspeed.com has no control or responsibility over the availability or the content of such sites. It is the users' responsibility to be aware of the privacy policy and terms and conditions of use of third party websites.
11. COPYRIGHT MATERIAL AND SOFTWARE
All information, content, software and materials included in the website and/or the services are protected by legislation on copyright and intellectual and industrial property and other proprietary rights. Users may not copy or distribute these materials without the consent of the owner of such rights. Users may use these materials for personal use, provided they do not modify the materials and do not delete the information about copyright and other applicable property rights, assuming full responsibility for the use and storage of information received by them.
12. ATTACKS ON SYSTEMS
Users may not, even if only tentatively, attack the network or systems of the CSA or third parties, by means including, among others, mail bombing, hacking, obtaining root access, tsunami, flood bots, nuke, flash, packet sniffers and flood pings or other types of activities that cause any damage to the CSA or third parties.
13. DURATION AND TERMINATION
The provision of the website will, in principle, have an indefinite duration. The CSA may terminate or suspend the provision of the website at any time. When this is possible, the CSA will communicate the termination or suspension of the provision of the website.
14. ARBITRATION OF CONSUMER DISPUTES
In compliance with the provisions of Law No. 144/2015 of September 8, we inform you that, in the event of a dispute, the consumer may appeal to the (CASA) Centro de Arbitragem do Sector Automóvel, through the following contacts:Avenida da República 44, 3 esq. 1050-194 Lisboa
(+351) 217 951 696
info@arbitragemauto.pt
www.arbitragemauto.pt .
15. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by Portuguese law.
For the resolution of any disputes arising from the provision of services which are the object of these General Conditions, the jurisdiction of the court of Oporto shall be competent, with the express renunciation of any other.