Terms and Conditions

1. LEGAL NOTICES

1.1. The website accessible at the following address: www.hijiffy.com is published by the company HiJiffy. HiJiffy is a brand of HIJIFFY, S.A. located in Rua das Eiras, nº 5, 7960-262 Vidigueira Portugal.

1.2. The Company can be contacted by email at the following address: [email protected] or by telephone at the following number: +351 21 123 0217.

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2. ACCEPTANCE OF THE TERMS OF USE

2.1. The purpose of this document is to define the terms and conditions under which the Company (HiJiffy) makes available to users the ability to browse and use the Site.

2.2. By accessing this website we assume you accept these terms and conditions in full.

2.3. Do not continue to use HiJiffy’s website if you do not accept all of the terms and conditions stated on this page.

2.4. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.

2.5. “Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

2.6. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Portugal. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

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3. USE OF THE SITE

3.1. Prior to any use of the Site, the user (hereinafter the “User(s)”) must ensure that he/she has the technical and computer means to browse and use the Site. He/she must also ensure that the computer configuration of his/her material/equipment is in good working order and does not contain any virus.

3.2. The Company reserves the right to modify, revise, delete, validate or change, in whole or in part, any content (hereinafter the “Content(s)”) appearing on the Site or posted on it.

3.3.The Company may delete, change or modify the Site and/or the Content at any time

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4. OBLIGATIONS OF THE USER

4.1 By using the Site, Users agree :

4.1.1 To refrain from using the Site in an illegal manner, for any illegal purpose or in a manner incompatible with these Terms;

4.1.2 Not to use the Site for the publication of abusive, defamatory, harassing, libelous, obscene, pornographic or threatening remarks, and/or infringing on the privacy of others;

4.1.3 Not to sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the elements, information and Contents appearing on the Site and/or to allow any third party to use or have access to the Site for any purpose whatsoever or to decompile, reverse engineer, disassemble, modify, display in a form readable by the User, attempt to discover any source code or to use any software activating or comprising any part of the Site;

4.1.4 To respect other Users;

4.1.5 Not to collect and store personal data relating to other Users, for any purpose;

4.1.6 Not to disseminate content that could constitute incitement to commit crimes or offences; incitement to discrimination, racial hatred, and more generally that could be contrary to the laws and regulations in force, to the present rules of use and to good morals and public order;

4.1.7 Not to disseminate information of an ideological, religious, political or ethnic nature;

4.1.9 Not to disseminate content likely to endanger minors, in particular the dissemination of messages of a violent or pornographic nature;

4.1.9 Not to attempt to mislead other Users by usurping the name or pseudonym of other persons;

4.1.10 Not to post, email or otherwise transmit any material that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right of any party;

4.1.11 Post, email or otherwise transmit any unsolicited or unauthorized advertising or promotional materials (including, without limitation, “spam” or any other form of solicitation);

4.1.12 Not to use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to access the Site in an unauthorized manner;

4.1.13 Not to denigrate the Site and/or the Company and/or other Users on social networks or any other means of communication.

4.1.14 Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. HiJiffy does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of HiJiffy, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws HiJiffy shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

4.1.15 HiJiffy reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

4.1.16 You hereby grant to HiJiffy a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

4.2. If, for any reason, the Company considers that the Users do not respect the present Terms, it may at any time, and at its sole discretion, remove their access to the Site and take any measures including legal action against them.

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5.ACCURACY AND LEGALITY OF INFORMATION

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5.1. Each User agrees that all information provided by him/her, including information about him/herself, shall be adequate, accurate, current and complete.

5.2. The User acknowledges that the Company does not have the material means to verify the veracity of all the information on the Site. The Company cannot therefore be held responsible in the event of identity theft or the fact that the information mentioned is false or misleading.

5.3. The Company does not guarantee the timeliness, legality, probity or quality of the information transmitted by the Users.

6. INTELLECTUAL PROPERTY

6.1. By accessing the Site, Users expressly acknowledge that the Site and the Content made available to Users, in particular images, photographs, designs, graphics, drawings, models, layouts, logos, trademarks, texts, etc., are the exclusive property of the Company and are protected by the Portuguese Intellectual Property Code as well as by the applicable international treaties and agreements relating to the protection of intellectual property rights. As such, they may not be reproduced without the express authorization of the Company, under penalty of civil and criminal prosecution.

6.2. The Company is the sole owner of all right, title and interest in and to the Site and the Content, including all intellectual property rights including, without limitation, all rights relating to copyrights, design rights, trademarks, trade names, company names, domain names, technology, know-how, processes, formulas, source codes and executable codes, data and similar rights, including information relating to any application, registration or renewal thereof that may be protected by the intellectual property laws, regulations or rules of any country.

6.3. Any reproduction, representation, adaptation, exploitation, distribution, broadcasting, commercial use, translation, arrangement, transformation or any creation of derivative or composite works of all or part of the works and/or any other Content appearing on the Site on any medium whatsoever and by any process whatsoever, present or future, is expressly prohibited. These actions are likely to constitute acts of counterfeiting punishable under criminal and civil law, engaging the responsibility of their author.

6.4. The systematic and repeated extraction of information and Contents appearing on the Site is strictly prohibited and sanctioned under the intellectual property law and the sui generis right of databases. Any illicit extraction may engage the civil and penal responsibility of its author.

6.5. Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

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7.     RESPONSIBILITY

7.1. The Company declines all responsibility for any damage resulting from fraudulent intrusion by a third party, outside its control, leading to a modification or alteration of the information/Content appearing on the Site or having caused prejudice to any User of this Site; and more generally for any damage, whatever the causes, origins, nature or consequences, caused as a result of anyone’s access to the Site or the impossibility of accessing it, outside its control.

7.2. The Company cannot be held responsible for technical problems or failures related to telephone networks, online computer systems, servers, Internet providers, computer equipment and/or software of Users.

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8. LINKS

8.1. The hypertext links established on the Site to other Internet sites or other Internet sources or content (hereinafter the “External Sources”) do not engage the responsibility of the Company.

8.2. HiJiffy as the Company cannot control these External Sources, the User acknowledges that the Company cannot be held responsible for the availability of these External Sources, and cannot bear any responsibility for the content, advertising, products, services or any other material available on or from these External Sources.

8.3. Organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

8.4 If you are among the organizations listed in paragraph above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

8.5. Approved organizations may hyperlink to our Web site as follows:

• By use of our corporate name; or
• By use of the uniform resource locator (Web address) being linked to; or
• By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of HiJiffy’s logo or other artwork will be allowed for linking absent a trademark license agreement.

8.6. We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

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9. INFORMATION RELATING TO TRADEMARKS

9.1.  HIJIFFY SA, and all other brands and logos of the Company are brands protected by INPI. Unless expressly authorized in writing by the Company, the User undertakes not to use or disseminate the Trademarks in any way whatsoever.

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10.  PROTECTION OF PERSONAL DATA

10.1. The provisions relating to the protection of personal data are set out in the Privacy Policy available on the Site: https://www.hijiffy.com/privacy-policy

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11.  DISCLAIMER

11.1. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.