Website Terms of Use
OBJECT
The present General Conditions govern the use (including mere access) of the webpages of the TRIB3 LISBON website, including contents and services made available therein (the “TRIB3 LISBON website”).
Any person that accesses the TRIB3 LISBON website (“User”) accepts to submit to the General Conditions in force from time to time.
the contents and services that TRIB3 LISBON makes available to the User in the TRIB3 LISBON website (respectively, “Contents” and “Services”) may also be governed by particular conditions that, in case of conflict, shall prevail over the General Conditions (the “Particular Conditions”). The User, whenever they use each Content or Service, submits and accepts also the corresponding Particular Conditions applicable.
Consequently, the User must read attentively the General Conditions whenever they wish to use the TRIB3 LISBON website, as well as, as is the case, the corresponding Particular Conditions, whenever they intend to use each Content or Service.
in any case, TRIB3 LISBON reserves the right to alter, at any moment and with no prior notice required, the presentation and configuration of the TRIB3 LISBON website, as well as the present General Conditions or the corresponding Particular Conditions.
USE OF THE TRIB3 LISBON WEBSITE
Unless stipulated otherwise, use of the TRIB3 LISBON website will be free of charge, without prejudice of the cost of the connection of the corresponding electronic communications network through which the User accesses it.
the User knows and accepts, voluntarily and expressly, that use of the TRIB3 LISBON website is always under its sole and exclusive responsibility.
In using the TRIB3 LISBON website, the User commits to not carry out any act that may hinder or damage the image, interests and rights of TRIB3 LISBON or third parties, or that may hinder, damage, render useless or overcharge the HOLMES PLACE website or that prevents, in any way, normal use of the TRIB3 LISBON website.
TRIB3 LISBON adopts safety measures reasonably adequate to detect the existence of viruses. Nevertheless, the User must be aware that the safety measures of computer systems in the Internet are not entirely reliable and, thus, TRIB3 LISBON may not guarantee the inexistence of viruses or other elements that may cause changes to the User’s computer systems (software and hardware) or digital documents and files contained there in.
CONTENTS
The Contents of the TRIB3 LISBON website are made available to the User by TRIB3 LISBON, with information from own and third-party sources.
TRIB3 LISBON endeavours that Contents have the highest possible quality and be reasonably updated, but does not guarantee the usefulness, accuracy, exhaustiveness, pertinence and/or update of Contents.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Under the present General Conditions (or by accessing the TRIB3 LISBON Site or using its Contents and Services) no intellectual or industrial property right is granted over the TRIB3 LISBON website or any of its elements; Users are expressly forbidden from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending or using them in any nature, by any means or procedure, except for cases in which that is legally allowed or authorised by the holder of the corresponding rights.
The User may view and obtain a temporary private copy of the Contents, for their exclusive, personal and private use, in their computer systems (software and hardware), whenever that is not aimed at developing commercial or professional activities. The User must refrain from obtaining or trying to obtain the Contents by different means or procedures that those made available to them, as is the case, offered for that purpose or usually used in the Internet (and that, in this latter case, do not represent a risk of damage or destruction of the TRIB3 LISBON website).
All texts, graphs, editorial content, data, graphic art, designs, HTML, photographs, music, sounds, images, software, videos or other content that Users see or read in the Service are held by TRIB3 LISBON or used under the authorisation of the holders of rights. This material is protected by every way, means and technologies already known or to be developed. TRIB3 LISBON holds property of all such material, as well as coordination, selection, combination and perfection thereof. This material is protected by the laws that govern author’s rights, patents, brands and others, both nationally and internationally. Users may not copy, download, use, redesign, reconfigure or retransmit anything from the Service without prior consent from TRIB3 LISBON in writing. Using this material is prohibited without consent from TRIB3 LISBON and/or the holders of rights.
TRIB3 LISBON is a trademark, including its logo.
Copying or using any of this brands, logos or names without prior consent in writing from their holder is forbidden.
the User must observe, at every moment, all intellectual and industrial property rights over the TRIB3 LISBON website, owned by TRIB3 LISBON or third parties.
PUBLIC AREAS
The Service may contain profiles, e-mail systems, blogs, message boards, applications, job publications, newsgroups, forums, communities and/or other means of communication (“Public Areas”) that allow communication between Users.
These common areas may be used only to send and receive messages and the sort, relevant and adequate to the forum in question.
Without exception, the User may not:
- Defame, insult, harass, persecute, threaten or violate legal rights (namely the right to privacy) of others in any other way;
- Publish, post, upload, distribute or disseminate any name, topic, material or information that is profane, defamatory, obscene or unlawful;
- Use the Service for any purpose that breaches the rules of local, national or international law;
- Upload files that contain software or other material that breaches the right to intellectual property (or right to privacy) of third parties;
- Upload files that contain viruses, Trojans, corrupted files or similar software that may damage the computer of other users;
- Publicise or offer products or services that are not relevant for the Service;
- Make or forward surveys, competitions, Ponzi schemes or chain letters;
- Act in the name of another person or allow another person to use their identification to post or see comments;
- Post the same note repeatedly (known as “spamming”);
- Spamming is forbidden;
- Download files uploaded by another User known to them, or that they are expected to know, or distribute it through the Service;
- Restrain or inhibit other users from accessing Public Areas;
- Insinuate or state that statements made by the User are approved by TRIB3 LISBON, without prior consent in writing therefrom;
- Use any automatic and/or manual process to track or index TRIB3 LISBON;
- Hack or interfere with TRIB3 LISBON, its servers or network;
- Adapt, alter, license or sub-license the brand “TRIB3 LISBON” for personal or commercial use;
- Remove or alter, visually or otherwise, author’s rights, trademarks or property rights and brands held by TRIB3 LISBON;
- Upload offensive and/or damaging contents, including, namely, contents that defend, approve, tolerate or promote racism, intolerance, hatred or physical violence against any person or group;
- Upload content that provides material or access to material that exploits people under 18 years of age in abusive, violent or sexual ways;
- All mailing to Public Areas will be public, TRIB3 LISBON taking no responsibility for the actions of other users regarding those contents.
ACCOUNT, PASSWORD AND SAFETY
Only the registered User is authorised to access their account, remaining responsible for keeping the confidentiality of any password and account number that they provide to access the Service.
the User is fully responsible for all activity that occurs through their account or use of their password.
TRIB3 LISBON has no control of the use of the account of any User and expressly declines any responsibility thence arising.
if the User suspects of undue use by another of their password or account, or if they suspect of any other safety breach, they must immediately contact TRIB3 LISBON.
HYPERLINKS AND INTERLINKED SITES
Connections (such as hyperlinks) from TRIB3 LISBON to other sites are not tantamount to approval by TRIB3 LISBON of said sites or their content.
These connections are provided for reference and user convenience only. TRIB3 LISBON does not control those sites and is not responsible for their content.
The existence of connections in the Service to those sites does not mean that TRIB3 LISBON approves of any material shown therein, or that has any association with its operators.
It is the user’s responsibility to assess the content and usefulness of the information obtained from those sites.
the use of sites controlled, held and operated by third parties is governed by the Terms and Conditions of Use and the Privacy Policies of those sites, and not by the Terms of Use of TRIB3 LISBON.
Access to those third-party sites is on the User’s account and risk.
TRIB3 LISBON expressly declines any responsibility arising from using and/or viewing any site or other material associated to connections shown in the Service. The User agrees under the present Agreement to exempt TRIB3 LISBON of any liability that may arise from using connections shown in the Service.
a) Hyperlinks
The User and, in general, any natural or legal person wishing to establish a hyperlink or technical connection device (for example, links) from their website to the TRIB3 LISBON website (“Hyperlink”) must procure prior authorisation in writing from TRIB3 LISBON.
Establishing the Hyperlink does not imply, in any case, existence of any relations between TRIB3 LISBON and the proprietor of the website or webpage where the Hyperlink is established, or acceptance or approval by TRIB3 LISBON of their contents or services.
In any case, HOLMES PLACE reserves the right to forbid or render useless at any moment any hyperlink to the HOLMES PLACE website, especially in cases of unlawful activity or contents of the website that includes the hyperlink.
b) Interlinked sites
HOLMES PLACE website make available to the User, solely for purposes of searching and accessing information, contents and services available online, hyperlinks or technical connection devices (for example, links) that allow the User to access sites or portals belonging to or managed by third parties (“Interlinked sites”).
HOLMES PLACE does not offer or market, by themselves or through third parties, information, contents and services available in Interlinked sites, nor does it approve, supervise or control in any way the contents and services and any material of any nature existing therein, the User taking exclusive and full responsibility for navigation therein.
GENERAL PROVISIONS
Non-exertion, or late or partial exertion of any right that TRIB3 LISBON has under the present Agreement or any applicable provision does not entail waiver of that right or prevent later exertion and may not constitute any means of establishing delay or novation.
This Agreement is the full contract between the User and TRIB3 LISBON as far as the matters that it governs.
CHANGES TO THE USE CONDITIONS
These use conditions may be updated at any moment by TRIB3 LISBON whenever the latter deems necessary or desirable with no prior notice to Users, in order to respond to legal requirements or operational changes. The User will always have access to the use conditions in force online.
This document will always be available online and may be consulted freely, recorded or printed at any moment even without being registered in the website.
Any change will be communicated to registered Users online.
later access to and use of the site by the User will be deemed an unequivocal sign that they read, accepted and understood the altered Terms and Conditions, unless they imply a change in the personal data treatment policy of TRIB3 LISBON, in which the user will be previously requested to give express authorisation to the change in the treatment or purpose of treatment of personal data.
PARTIAL INVALIDITY
Total of partial invalidity of any of the clauses of the present General Conditions will not affect the validity of the remaining provisions, which will be applicable to their full extent, unless an affected party demonstrates that the aim pursued by the parties allows presuming that they would not have signed the deal without the part at stake.
APPLICABLE LAW/JURISDICTION
These General Conditions are governed by Portuguese law.
ONLINE MEMBERSHIPS AND COMPETITIONS
Each user may choose from the available packs and memberships. These are valid for individuals over 16 years of age and grant access to everything specified in their descriptions. All online memberships will be validated after payment has been completed and once the data subject has provided consent to the TRIB3 LISBON Terms and Conditions and Privacy Policy.
Giveaways: TRIB3 LISBON reserves the right to deny access to previous guests, even if they are participants in giveaways promoted by TRIB3 LISBON.
JURISDICTION TO SETTLE CONSUMER DISPUTES
In the event of a consumer dispute, defined in accordance with the provisions of Law no. 144/2015, of 8 September, the consumer may have recourse to the competent alternative consumer dispute resolution body. Without prejudice to the provisions of the legislation, statutes and regulations to which the alternative dispute resolution bodies are bound, the consumer may opt for the European online dispute resolution platform available at https://webgate.ec.europa.eu/odr, the alternative dispute resolution body for consumer disputes in the place where they live or the alternative dispute resolution body with specialised competence, if it exists for the sector in question. If there are no alternative dispute resolution body(ies) under the terms of the previous paragraph, or the existing one(s) do not consider themselves competent due to the value of the dispute, the consumer can turn to the National Centre for Consumer Conflict Information and Arbitration, located in Lisbon, with the email address: cniacc@unl.pt and available at www.arbitragemdeconsumo.org.
In the event of a consumer dispute, the consumer can turn to the European Online Dispute Resolution Platform, available at http://ec.europa.eu/consumers/odr or to the following alternative consumer dispute resolution organisations:
CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo – Tel: 213 847 484; E-mail: cniacc@fd.unl.pt
CIMAAL – Algarve Consumer Conflict Information, Mediation and Arbitration Centre – Tel.: 289 823 135; E-mail: cimaal@mail.telepac.pt; info@consumoalgarve.pt
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra – Tel.: 239 821 690/289. E-mail: geral@centrodearbitragemdecoimbra.com
Lisbon Consumer Conflict Arbitration Centre – Tel.: 218 807 030; E-mail: jurídico@centroarbitragemlisboa.pt; director@centroarbitragemlisboa.pt
Porto Consumer Information and Arbitration Centre – Tel.: 225 508 349 / 225 029 791; E-mail: cicap@mail.telepac.pt
Vale do Ave Consumer Conflict Arbitration Centre / Arbitration Court – Tel.: 253 422 410; E-mail: triave@gmail.com
Consumer Information, Mediation and Arbitration Centre (Consumer Arbitration Court) – Tel.: 253 917 604; E-mail: geral@ciab.pt
Consumer Conflict Arbitration Centre of the Autonomous Region of Madeira – Tel.: 291 215 070; E-mail: centroarbitragem.srias@madeira.gov.pt
For more information see the Consumer Portal at www.consumidor.pt
FINAL DISPOSITIONS
All persons wishing to make purchases on this site declare that they are of legal age and have the legal capacity to do so. For any purchase made on this site, the User is deemed to have taken full cognisance of and accepted these Terms and Conditions of Use. Should any User have any questions about these General Terms and Conditions or any comments about theTRIB3 LISBON website, please contact marketing@trib3trainingclub.pt . I HAVE READ, UNDERSTOOD AND ACCEPT THESE TERMS OF USE AND TRIB3 LISBON’S PRIVACY POLICY AND DECLARE THAT MY USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.