Terms and Conditions
1. Introduction
These Terms and Conditions regulate the access to and use of the website www.bloommarinha.com, is the responsibility of Bloom Marinha, Lda., a company with headquarters at Av. 24 de Julho, nº 50, 1º andar, Estrela, 1200-8568 Lisboa (hereinafter referred to as “Bloom Marinha”). Any legal questions regarding the website may be reviewed in the Privacy Policy and Cookie Policy section, which constitute an integral part of these Terms and Conditions.
The use of this website by any user will be regulated by the following Terms and Conditions, with its use implying acceptance of the same by the user. If users reject these Terms and Conditions, they must stop using it.
Bloom Marinha may change or update, in whole or in part, these Terms and Conditions, as well as the Privacy Policy and Cookie Policy. Any changes or updates to these Terms and Conditions, as well as to the Privacy Policy and Cookie Policy, will become effective once published on the respective section of the website. Users are advised regularly to check the Terms and Conditions, Privacy Policy and Cookie Policy sections to find the most up-to-date versions.
2. Licence
Without prejudice to the other clauses of these Terms and Conditions, Bloom Marinha authorises any user to use this website only for the purposes envisaged in these Terms and Conditions. The user licence may be revoked by Bloom Marinha at any time. Pursuant to the law and these Terms and Conditions, the user may not copy, use, transfer, rent, sublicense, alter, adapt, try to modify or alter the source code, perform operations to reverse engineer, decompile or disassemble, in whole or in part, the contents of the website. By accessing the website, users acknowledge and accept that its contents may be incomplete, inaccurate, not updated, or that they may not meet their needs and requirements.
Violation of these Terms and Conditions may lead to the withdrawal of the usage licence granted by Bloom Marinha and, in addition, the exercise of its rights, to the fullest extent possible permitted by law, in case of the occurrence of any damage or requests for compensation made by third parties.
3. Contents of the website
The website and all the information and content published on the same may be altered by Bloom Marinha at any time, periodically and/or without notice.
Access to and use of the website, including the viewing of web pages, constitute activities performed by users.
Users are solely and exclusively responsible for the use they make of the website and its contents and also for the evaluation of the information obtained via the website. Specifically, users are solely responsible for the communication of incorrect, false or third-party information or data, or without their consent, as well as for their incorrect usage.
The contents of the website may contain inaccuracies or typos. Bloom Marinha is not responsible, nor may it be held liable, by any means or method, for inaccuracies and errors, damages (if any) caused or resulting from the use of information derived from the website or via the website by users.
Given that any content that may be downloaded or obtained by any other means arises from the user’s own free decision and is carried out on his/her own account and risk, any damage (if such exists) to computers or loss of data resulting from downloading operations performed by the user shall be the user’s sole responsibility and may not be imputed to Bloom Marinha.
Bloom Marinha does not assume any liability for damages (if any) resulting from the impossibility of accessing the services made available via the website or for damages (if any) caused by viruses, damaged files, errors, omissions, service outages, cancellation of content, issues related to the Internet, service providers or with telephone and/or telematic connections, unauthorised access, data changes, or those related to non-existent and/or deficient functioning of the user’s electronic devices.
Users are entirely and solely responsible for any actions performed through their user account, directly or via third parties authorised by the users. Bloom Marinha has adopted appropriate technical and organisational measures to safeguard the security of the services provided by it via the website, to ensure the integrity of the electronic traffic data, as well as to avoid risks of dissemination, destruction or loss of its users’ data and confidential or non-confidential information, appearing on its website, or related to access - unauthorised or not in compliance with the applicable legal provisions – to the above-mentioned personal data and information.
Bloom Marinha does not guarantee, nor can it ensure that the website is free of viruses or any other element that may negatively affect the technology.
4. Intellectual Property Rights
All rights are reserved. The website and all of its contents, including without limitation, articles, opinions, other texts, lists, user manuals, photographs, drawings, images, videos or audio clips or marketing texts, as well as brands, logos, domain names, and any other elements that may be covered by property rights (including the source codes) and/or other modalities of intellectual property rights (hereinafter “Material”), are the property of Bloom Marinha or third parties and are protected against use, copy or unauthorised disclosure by national laws and international treaties relating to Intellectual Property Rights. None of the provisions of the Terms and Conditions and/or the contents of the website may be interpreted as implicitly giving, accepting or by any means licensing the right to use any Material by any means, without the prior written consent of Bloom Marinha or the third party that owns the Material or intellectual property rights published on the website. The use, copy, reproduction, amendment, re-publication, updating, downloading, sending by email, transmission, distribution or duplication, or any other act abusing the Material not specifically identified but of an identical nature, is prohibited.
The user may, however, view and display the contents of the website and/or the Material on the screen of a computer, store such content in electronic format on a disk (but not on a server nor on a memory device connected to the Internet) or print a copy of such content for their personal and non-commercial use, being nevertheless obliged to keep all information related to intellectual property rights.
Access to the website does not grant the user any rights over the content made available by Bloom Marinha.
5. Access to the Website. Interruption and Suspension.
Bloom Marinha provides access to the website, without prejudice to the possibility that it may be suspended, limited or interrupted at any time, specifically to allow the recovery, maintenance or introduction of new features or services.
Bloom Marinha shall use its best efforts to regain access as soon as possible.
6. Protection of Personal Data and Privacy
Users are advised to read and review the Privacy Policy, which constitutes an integral part of these Terms and Conditions, to understand how the website collects and uses users’ personal data and for what respective purposes.
7. Links to other Websites
Any publication by Bloom Marinha on the website of links (“Links”) to third-party websites or to content provided by a third party (“Other Websites”) is included only for informational purposes and for the user’s convenience. Bloom Marinha does not control the Other Websites and, is therefore not responsible for such Other Websites or for their respective content or products (including without limitation, any reference to social networks) and is not responsible for any damages or losses that may result from the use of Other Websites by the user, nor regarding the processing of personal data during Internet browsing operations. Access to any Other Website, via a link on the Bloom Marinha website, shall be carried out at the user’s sole responsibility and risk.
The user must therefore pay particular attention when connecting to Other Websites via links on Bloom Marinha’s website and read the respective terms and conditions, Privacy Policies and Cookie Policy carefully.
8. User Guarantees
The user acknowledges and agrees that he/she:
a) has read and understood these Terms and Conditions;
b) will refrain from reproducing, duplicating, copying, selling, reselling or by any means commercially exploiting the website or its contents, or part thereof, as well as refraining from using or reproducing any brands or any intellectual or industrial property rights of Bloom Marinha or third parties;
c) will not publish or use false, slanderous or defamatory information;
d) will refrain from using, directly or indirectly, the services or the website for purposes contrary to the law or not in compliance with these Terms and Conditions;
e) will not propagate viruses, spyware, adware, rootkit, backdoor or Trojan viruses or other similar computer threats;
f) will not use software or other automatic or manual mechanisms to copy or access the control of the website or its contents.
9. Miscellaneous Provisions
The invalidity of any of the provisions in these Terms and Conditions shall lead to its being removed from them, with the other provisions remaining fully in force and producing all their legal effects.
These Terms and Conditions shall be governed by Portuguese law and will be interpreted in accordance with Portuguese legislation. Any dispute arising from these Terms and Conditions or related to them, in the absence of an amicable agreement negotiated between the parties, shall be resolved by the Courts of Lisbon, with express waiver of any other.
The user may contact Customer Service for any questions related to the Terms and Conditions or for any questions related to the use of the website via email to privacy@bloommarinha.com.
Date: 18 July 2019