GENERAL CONDITIONS OF USE
1.1 Through this Platform, Vialivre provides users with the possibility of paying, within the scope of the Pilot Project, toll fees related to the use of the Norte Litoral Motorway - A28 and the Via do Infante Motorway – A22.
CONDITIONS OF ACCESS TO THE PLATFORM AND FUNCTIONALITIES
2.1 Vialivre may subject access to certain features made available through the Platform to prior registration. The registration in the Platform must be done by filling out a form, through the provision of certain personal data, which functions as an identification of the user.
2.2. The User may pay the amounts due by (i) credit card, by (iii) Multibanco reference or by (iii) the MB Way app.
CONDITIONS OF USE OF THE PLATFORM
3.1. The user hereby undertakes to use the Platform and its contents as well as facilities in a diligent, legal, correct and ethical manner, in accordance with these General Conditions, and shall not disrupt or degrade the continuity, integrity and quality of its resources and functionalities, and to follow all policies made available to it in the Platform's functionalities.
3.2 In consequence of this, users are obliged, by way of example only, to refrain from:
• a) Using the Platform for illicit purposes or effects, contrary to what is established in these General Conditions, from being injurious to the rights and interests of third parties or that in any way could possibly damage, render useless, overload or deteriorate the Platform or prevent its normal use by other users;
•b) Carrying out, or rather attempting to carry out, illegal activities which infringe upon the rights of Vialivre, the users of the Platform, other Internet users or any third parties not previously discriminated against;
• c) Obtaining and try 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 by Vialivre;
•d) Making available, transmitting, sending, producing or reproducing any content which infringes any patent, trademark, industrial secret, or any type of copyright of any person, entity or institution;
• e) Making available, transmitting, sending, producing or reproducing any content that you do not have the right to use (including, but not limited to, confidential information obtained by virtue of your job or position);
• f) Collecting, storing, making available, transmitting, sending, producing or reproducing in any format, personal information of third parties;
• g) Making available, transmitting, sending, producing or reproducing, whether intentionally or accidentally, any material which 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;
•h) Remove any copyright, trademark, or proprietary rights notices.
4.1. The activities described in section 3.2. are prohibited to the user and constitute grounds for immediate suspension or termination, partial or definitive, temporary or permanent, of the use of the Platform, without prejudice to the other legally foreseen consequences.
4.2. The user acknowledges that his/her use of the Platform is at their own risk and that they are solely responsible for any damage caused to their system and/or computer equipment or other damage or loss, including loss or damage to data, resulting from the use of materials, content or information obtained in any way through the Platform.
5.1. The Platform was created for Vialivre with information from internal and external sources, it is available to users in its current state and it may contain inaccuracies or errors.
5.2 The Platform presents some contents / presents a link to other websites which do not belong to Vialivre. These contents are the entire responsibility of the entity which provides them.
5.3 Vialivre is only liable for damages that the User may suffer as a result of the use of the Platform when such damages may be directly attributable to him/her as a result of his/her willful misconduct.
5.4 Vialivre shall not be liable for damages or losses of any kind which may result, by way of example only, from:
• a) Interferences, omissions, interruptions of the electronic communication services necessary to access the Platform, computer viruses, and/or disconnections of the operational functioning of the electronic system, in the contents or services provided by third parties, motivated by causes beyond Vialivre, and which may determine the lack of availability or continuity in the functioning of the Platform or by producing changes in the computer system, in electronic documents or files of users;
•b) Delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems, such as failures to access web pages through the Platform or its associated services;
• c) Action by third parties through illegitimate intrusions outside the control of the Platform and which are not attributable to Vialivre, including intrusions caused by the knowledge that unauthorized third parties may have of the conditions, characteristics and circumstances of the use that users make of the Platform;
•d) Possible errors or security deficiencies which may occur due to the user's use of an outdated or insecure browser version, as well as the captivation of the user's access code retention devices in the browser, or damage, errors or inaccuracies that may result from the malfunction of the browser;
• e) Operation, availability and accessibility of the Sites to which you refer through links, continuity of information, content and services existing on those sites, quality, legality, reliability and usefulness of the information, content and services existing on those sites, if applicable.
INTELLECTUAL AND INDUSTRIAL PROPERTY/COPYRIGHT
6.1 All contents of this Platform including, without limitation, text, graphics, logos, icons, databases, images, text, audio, video and software files, as well as the software used on the website are Cintra’s property.
6.2 All information, content, software and materials included on the website and/or services are protected by national and international industrial and intellectual property standards. 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 as long as they do not modify the materials and do not delete the information on copyright and other applicable property rights, assuming full responsibility for the use and storage of the information received by them.
6.3 The reproduction, alteration, copying, use, distribution, commercialization, public communication or any other use of the information contained in the Platform (including its own design, configuration and form of presentation of the Platform) which takes place without the authorization of Vialivre, constitutes an infraction under the current legislation.
The use of this platform does not necessarily imply the provision of personal data. However, the access to some functionalities may imply the collection and processing of personal data, which will be treated according to the terms defined in the Privacy and Cookies Policy, available on this Platform.
8.1 Vialivre has the exclusive right to suspend at any time, partially or totally, the access to the Platform, especially in the operations of management, maintenance, repair, alteration or modernization and to close, definitively or temporarily, partially or totally, at any time, according to its will, the Platform or any of the services provided through it. Whenever possible, Vialivre will notify the termination or suspension of the Platform.
8.2 Vialivre reserves the right, at any time, to change, add, update or delete, partially or totally, the present General Conditions, seeking whenever possible to notify users in advance.
8.3 The user should periodically consult the page of these General Conditions to confirm whether any updates or changes have been made.
8.4 The use of the Platform implies the acceptance of these Conditions. If you do not agree with any of the rules of use, you must not use the Platform.
8.5 If any part or provision of these General Conditions is not enforceable or is in conflict with applicable law, the validity of the remaining parts or provisions shall not be affected.
If you have any questions regarding these General Conditions, please send us your request for clarification by e-mail [email@example.com] or by letter to the following address:
Loja CTT Vila do Conde
4481-954 VILA DO CONDE
INTERPRETATION, APPLICABLE LAW AND FORUM
10.1 These terms shall be interpreted in accordance with the Portuguese law. Any complaints, disputes or other problems which may arise from the use of this Platform and/or these Conditions shall be subject to the exclusive jurisdiction of the Portuguese Courts.
10.2 These General Conditions are governed by the Portuguese law.
10.3 For the resolution of any conflicts arising from the provision of services subject to these General Conditions, the district court of Lisbon shall have jurisdiction, with express waiver of any other.