TERMS AND CONDITIONS OF USE
- Acceptance and changes to the Terms and Conditions of Use
These Terms and Conditions of Use regulate the access and use of websites https://www.ecm.pt/en/, https://www.cervejacoral.com/en/inicio/ e https://www.brisanet.com.pt/en/ (hereinafter, “Website”), under the responsibility of Empresa de Cervejas da Madeira , headquartered at PEZO – Parque Empresarial Zona Oeste, 9304-003 Câmara de Lobos and with tax identification number 511 001 720 (hereinafter referred to as “ECM”).
Navigation on this Website implies acceptance by the User of the Terms and Conditions of Use described below. No products or services will be sold through this Website, and its purpose is only to present and promote the ECM product catalogue to Users, inform them of ECM’s official points of and give them the opportunity to contact ECM for additional information.
The User must carefully read these Terms and Conditions of Use. If the User does not accept the Terms and Conditions of Use, he/she must leave the Website.
- Use of the Website
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- Obligations of the User
- The User enjoys complete freedom of use of the Website provided that he respects these Terms and Conditions of Use, in particular, with regard to intellectual property and protection of personal data.
- Users are solely responsible for their use of the contents on the Website.
- The User, in the use of the Website, undertakes to:
- Read fully and understand these Terms and Conditions of Use, including information on privacy and cookies.
- Do not violate these Terms and Conditions of Use.
- Recognize and respect the rights of third parties, including other Users, and the rights of ECM, namely, but not limited to, with regard to intellectual property rights and protection of personal data.
- Assume a responsible behavior and always act in good faith, either in relation to ECM, or in relation to other Users
- Do not make use of a false identity or hide your identity.
- Not to reproduce offensive, defamatory or likely to violate the rights of ECM or third parties.
- Not to design and not to use any technological tools or measures, whether through computer programming or the use of pre-existing software, such as viruses, spyware, malware, rookits, trojans or ransomware intended or able to interrupt, destroy, limit the functionality or exploit any computer vulnerability of the Website, any computer equipment or system or communications equipment;
- Not to access the Website through methods other than the interface and in accordance with the instructions provided by ECM.
- Not to carry out any activities that are illegal, dangerous or against good customs through the Website.
- If it detects any defect, bug or anomaly in the Website, immediately communicate its existence to ECM and do not seek to access commercial information, personal data of other users, change the characteristics of the Website or, in any other way, exploit the defect, bug or anomaly for the pursuit of illegal activities or violation of third-party rights.
- The User may print or cause third parties to print any downloadable material to his computer contained in this Website, provided that the following conditions are met:
- The material is for personal, non-commercial use only;
- No indication of copyright or other indication of ownership is removed from the material;
- The material is not altered or edited in any way.
2.2. Transmission of information and messages through the website
- Any message and/or other content that the User transmits to or through this Website, whether by e-mail, file submission and/or in any other way, shall be deemed to be non-confidential and non-reserved.
- When transmitting a message to this Website, the User automatically grants ECM a free, unrestricted, perpetual, irrevocable and non-exclusive license for ECM to use, reproduce, modify, publish, edit, translate, distribute, execute and/or require such message separately and/or as part of other content in any form, media, or technology that is currently known or that may be developed in the future and also to be able to sublicense such rights.
- The User acknowledges that ECM is free to use any ideas, concepts, know-how or techniques contained in any message that the User transmits to this Website for any purpose including, but not limited to, the development, manufacture and/or marketing of products, and that ECM will not have to compensate the User, not to recognize the User as a counterpart to such use.
- ECM assumes no responsibility for any action or content transmitted by or between the User and/or any third parties on or off this Website.
- Copyright, Trademarks and other Proprietary Rights
- The content of this Website, including but not limited to trademarks, designs, logos, text, images, audio and video materials and also the appearance, organization, layout of the Website or software code, is the exclusive property of ECM unless otherwise indicated. It is up to ECM to manage the Website so that it may, at any time, update, modify or delete any content, services, options or functionalities, as well as modify its presentation and configuration.
- Without prejudice to Section 2.2. of these Terms and Conditions of Use, the User is not allowed to display, reproduce, distribute, modify, transmit and/or otherwise use the material owned by ECM in any way, for any public and/or commercial purpose, without the prior and express written consent of ECM.
- ECM does not previously select or monitor the content of any messages transmitted to this website by third parties and is not responsible for the selection and/or monitoring of the content of such messages.
- If notified, ECM may investigate whether any content transmitted to this Website is in violation of the Terms and Conditions of Use and may determine, at its sole discretion, the removal of this same content.
- ECM does not assume any responsibility or liability arising out of and/or relating to any such content, including, but not limited to, any error, defamation, slander, perfidy, omission, falsehood, obscenity, pornography, danger and/or inaccuracy contained therein. However, ECM will make the best efforts to ensure the removal of this type of content, after being communicated or being detected.
- Disclaimer of Warranties
- Use of this Website is at the User’s sole risk. This website and its contents are provided without warranty to the User, regardless of their nature, whether express or implied, including, but not limited to, warranties of merchantability, non-infringement of third party rights and fitness for a particular purpose, or any warranty that access to this Website will be uninterrupted and/or free from errors or disturbances, that this Website is secure and/or free from viruses or harm to the User of any origin or that the information contained in this Website is complete, accurate and/or current.
- In addition, if the option of virtual visit to the project or any of its properties is available, ECM does not guarantee that the images, videos or other elements of the virtual tour correspond to the current state of the project and / or the property or that they are error-free, complete, accurate and / or current.
- ECM reserves the right to restrict and/or prevent at any time the User’s access to this Website and/or any part thereof, with or without prior notification.
- Security and links to other websites
- Despite the efforts and the technical and organizational measures implemented by ECM, as referred to in Point 4.1., given the vicissitudes of internet browsing and systems management it is not possible to offer guarantees that access to this Website will be uninterrupted and / or free of errors or disturbances, that this Website is safe and / or free of viruses or damages to the User.
- ECM may, at any time and without prior notice, take the necessary measures to ensure the integrity, security, continuity or quality of the Website, including removal of contents, restrictions or limitations of access.
- This Website contains links to third party websites. These links are provided solely for the convenience of the User. ECM does not endorse or be responsible for any of these third-party websites and will not be responsible for the content of any of them. Your access to any of these third-party websites is conducted at your own risk.
- Privacy and Data Protection
The processing of your personal data when you consult the Website will be governed by our Privacy Policy, available here.
- Limitation of Liability
- Na the maximum extent permitted by applicable law, ECM including, but not limited to, all its legal officers, auxiliary Administrators, employees and/or agents, shall not be liable to the User of the Website, for any possible damage, loss and/or injury (including, but not limited to, direct, indirect, incidental damages, special, consequential and punitive, lost profits and damages resulting from lost information and/or interruption of activity of the Website) arising out of or relating to the use and/or inability to use this Website and its contents, whether based on warranty, contract, tort or any other legal basis.
- Without prejudice, the liability of ECM, either in its own capacity or for acts of its representatives or auxiliaries, for violation of these Terms and Conditions of Use will always depend on the existence of intent or serious fault.
- The User shall be solely and solely responsible for the use made of the Website and its contents, including the content that the User transmits to this Website, the violation by the User of any third-party rights and/or the violation by the User of the Terms and Conditions of Use. The User shall reimburse ECM for any damages, losses, costs, losses or expenses that result for the same from the use of the Website in violation of the law or of these Terms and Conditions of Application by the User.
- Contacts and Complaints
- You can contact ECM for different purposes using the forms available on the Website, in which you must enter your contact details and an additional comment you wish to include.
- ECM also provides an email address – comercial@ecm.pt – for any additional queries, as well as a general telephone contact line – (+351) 291 911 100 (national landline call) – and a customer service hotline – 800 200 757 (free call), available from [day of the week] to [day of the week], from 9:00 a.m. to 6:00 p.m.
- In addition, the User may also submit a complaint in the Electronic Complaints Book (“Livros de Reclamações Eletrónico”) by clicking here.
- Jurisdiction
Without prejudice to the mandatory legal rules that may apply, these Terms and Conditions of Use shall be governed by and construed in accordance with Portuguese Law. The User acknowledges and accepts the assignment to the jurisdiction of the Judicial Court of the District of the headquarters of Lisbon, with express waiver of any other, of the knowledge of any action arising out of and/or related to the Terms and Conditions of Use and/or the use of this Website.
- General Provisions
- If any provision of the Terms and Conditions of Use is deemed to be void, voidable, unenforceable, ineffective or unenforceable or otherwise invalid by any competent authority, including by a court having competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions of the Terms and Conditions of use, which will remain in full force.
- In the event of a declaration of invalidity in accordance with the above paragraph, the Terms and Conditions of Use shall, to the maximum extent permitted by law, be interpreted in such a way as to produce effects as similar as possible to that which was initially foreseen (still with the provision invalidated).
- Changes to the Terms and Conditions of Use
If there are reasonable reasons, ECM may change these Terms and Conditions of Use at any time and without prior notice to the User. The User should consult these Terms and Conditions of Use frequently and verify compliance with them when using the Website, confirming the date of the last version at the end of this document. Changes will not apply retroactively. The User hereby accepts that legal, technical or commercial reasons affecting ECM shall be considered as reasonable reasons for the amendment of these Terms and Conditions of Use. Changes to new features of a service or changes made for legal reasons will be effective immediately. If the User does not accept the modified Terms and Conditions of Use of the Website, he/she must stop using it.