Terms and Conditions

Overview

The https://www.driven.pt/ website (“Site”) is the property of and operated by EDOTDRIVEN, LDA., with registered offices at Alameda dos Oceanos 115, 1990-392 Lisbon, Portugal, with Portuguese taxpayer number 513 580 921. Throughout the site, the terms “Driven”, “we”, “us” and “our” refer to EDOTDRIVEN, LDA.. Driven offers this website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

While using or visiting the Site or the information, data files, written text, charts, links, audio files and other sound, photographs, videos and documents (together referred to as “Contents”), tools, resources and services (together, and including Contents, referred to as “Services”) made available through the Site, you are, either in the quality of a user or visitor (“User”), agreeing with and accepting (i) these Terms and Conditions of use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms and Conditions”, “Terms”) and (ii) the privacy and data protection policy (“Privacy Policy”) available here.

The Services, including updates, developments, new tools, features and/or new Web properties or Contents added to the Site, are subject to the Terms and Conditions.

These Terms and Conditions apply to all Users of the Site, including without limitation Users who are browsers, vendors, customers, merchants and/ or contributors of Contents.

Users should carefully read these Terms and Conditions before accessing or using the Site and/or any Services. By accessing or using any part of the Site, Users agree to be bound by these Terms and Conditions. If a User does not agree to all the Terms and Conditions, then the User must immediately cease to use or access the Site and any Services.

Users can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to the Site. It is the User's responsibility to check this page periodically for changes. User’s continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Section 1 - General Conditions, Rights and Obligations

By accessing, using and downloading material from the Site, you agree, in your own name and/or on behalf of the entity you represent, to strictly comply with the provisions of the Terms and Conditions, further representing and warranting you have the capacity to do so or the power to act on behalf of the third party you represent, if applicable.

Users must not, under any circumstances, access the Services by any other means other than the interface made available by Driven, or access (or try to access) the Site and/or the Services through automated means (including the use of scripts or web crawlers).

Users may not, under any circumstances, use the Site or Services for any other purposes other than the respective purpose, including unlawful or illegal purposes, violation of any laws (namely copyright laws) or any other ends that may be considered harmful to the image of Driven. Usurping, counterfeiting, and using usurped or counterfeited Contents, as well as non-legitimate identification and unfair competition are criminal offenses punished by law.

Additionally, the User must not create or place on the Site any type of virus or programs that may harm or contaminate it, and must not advise others to do so, nor, in general, may transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Users agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, the Services and/or Contents, without express written permission by Driven.

Driven reserves the right to (i) modify, add or remove portions of the Terms and Conditions, at any time; (ii) modify or terminate the Services under any grounds and without previous notice, at any time; (iii) remove User accounts whose contents are illicit, offensive, threatening, defamatory, pornographic, obscene or condemnable, or that violate third party intellectual property rights or these Terms and Conditions; (iv) modify, replace, refuse access to the Site and the Services, suspend or discontinue them, in total or in part. These changes will be effective from the date of their posting on the Site or the date on which such notifications are sent.

Section 2 - Intellectual Property Rights

All information on the Site and the Services, and all data and information compiled by Driven and associated to them (such as data files, written text, and other Contents) to which the User has access as part of the Services or by using the Services and/or viewing the Site, are deemed property of Driven (or of any related entity or a third party, when duly identified). The User may not modify, let, lend, borrow, sell, distribute, or create a derivative work based on the referred contents (partially or totally), unless with express consent from Driven or a third party holder of the respective intellectual property and personality rights.

The User recognises and agrees that Driven and relevant related entities (as applicable) own all intellectual property rights (both registered or unregistered rights in any part of the world where such rights may exist) relative to the Services. Driven and relevant related entities (as applicable) own all rights not expressly granted to the User by these Terms and Conditions.

The User agrees also not to remove, hide, or change any intellectual property rights notices (including copyright and trademark notices) that may be posted or stored in the Services.

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete or current. The Contents on the Site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Contents of this Site is at Users’ own risk. Should you find any inaccurate information on the Site please report it by contacting us at the contacts provided below.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Section 4 - Modifications to the Services

We reserve the right at any time to modify or discontinue the Services (or any part or Contents thereof) without notice at any time.

We shall not be liable to the Users or to any third-party for any modification, price change, suspension or discontinuance of the Services.

Section 5 - Optional Tools

We may provide Users with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools on an ”as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by the Users of optional tools offered through the Site is entirely at their own risk and discretion and Users shall ensure that they are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

Section 6 - Third-party Links

Certain Contents and Services available via the Site may include materials from third-parties.

Third-party links on this Site may direct Users to third-party websites that are not affiliated with Driven. We are not responsible for examining or evaluating the contents of such third-party websites or the accuracy thereof, and we do not warrant and will not have any liability for any such third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, contents, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party.

These Terms and Conditions, as well as the Privacy Policy are only applicable to this Site and should therefore not be deemed to govern such third-party websites.

Section 7 - User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries or other) or, without a request from Driven, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; or (iii) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party’s intellectual property or these Terms and Conditions.

You agree that your Comments shall not violate any right of any third-party, including, without limitation, copyright, trademark, privacy, personality or other. You further agree that your Comments shall not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

Section 8 - Personal Data

Your submission of personal data through the Site is governed by our Privacy Policy.

Section 9 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Site, in the Services or on any related website is inaccurate, at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Site, Services or on any related website, including without limitation, pricing information (when applicable), except as required by law. No specified update or refresh date applied in the Site, Services or on any related website should be taken to indicate that all information in the Site, Services or on any related website has been modified or updated.

Section 10 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Site, the Services and/or the Contents for any unlawful or unpermitted purposes, including but not limited: (i) to solicit others to perform or participate in any unlawful acts; (ii) to violate any legal or regulatory provisions; (iii) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (iv) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, including based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (v) to submit false or misleading information; (vi) to upload or transmit viruses,worms or any other type of malicious code that will or may harm, contaminate or be used in any way that will affect the functionality or operation of the Site, the Services or of any related website, other websites, or the Internet in general; (vii) to collect or track the personal data of others; (viii) to spam, phish, pharm, pretext, spider, crawl, or scrape; (ix) for any obscene or immoral purpose; or (x) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet in general. We reserve the right to terminate your use of the Site and Services or any related website for violating any of the prohibited uses.

Section 11 - Disclaimer of Warranties; Limitation of Liability

To the fullest extent permitted by applicable legal provisions, the Services and all products and services delivered to you through the Site are (except as expressly stated by us) provided “as is” and “as available”, and Driven does not make any representation nor grants any warranty of any kind, either express or implied, regarding the Services, including in what concerns suitability for a particular purpose, title and non-infringement. In particular, Driven does not warrant the User that (i) the use of the Services meets the User’s needs or expectations; (ii) the use of the Site and/or Services is uninterrupted or timely, available for indefinite periods of time or unsusceptible of being cancelled without prior notice; (iii) the use of the Site and/or Services is safe or error free; (iv) the results or any information obtained from the use of the Services will be accurate or reliable; and (v) defects, if there are any, in the operation or functionality of any software supplied as part of the Services or use/view of the Site will be corrected.

No recommendation or information, oral or written, from Driven will be construed as a warranty of any type, unless if expressly defined by these Terms and Conditions.

To the extent permitted under applicable legislation, Driven is not liable before the User for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages:

(a) Resulting from the use or view of the Site and the Services (as well as of any materials made available therein).You expressly agree that your use of, or inability to use, the Site, the Services and any material downloaded or in any other way obtained by using the Services and/or the Site, is at your sole own risk and expense.

(b) Resulting from (i) any judgment the user makes regarding the integrity, the accuracy or the existence of any advertisement or any relationship or transaction made with an advertiser, whose publicity is presented on the Services or on the Site; (ii) any changes Driven may perform on the Site or Services or any permanent termination of the Site or Services (or any of the Service’s functionalities); (iii) the removal, corruption or storage error of any content or communication data stored or transmitted when using the Site and/or Services; (iv) direct or indirect violation of the Terms and Conditions; (v) non maintenance and confidentiality of User password or account details.

The responsibility of Driven for compensation of any damage and loss of profit regarding the Site and the Services, caused by Driven, its representatives, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, collaborators or licensors, is limited to the cases of intent or gross negligence. In case you disagree, in full or in part, with the Site or the Services, or these Terms and Conditions, you may only cease to use the Site or Services, as applicable, and demand cancellation of your user account.

The Terms and Conditions will not affect the rights set forth under applicable laws and regulations, to which the User is always entitled in the capacity of consumer, when he/she/it intervenes and relates to Driven in such capacity.

Section 12 - Indemnification

You agree to indemnify, defend and hold harmless Driven and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, collaborators or employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 13 - General Provisions

Entirety

These Terms and Conditions and any other policies or operating rules posted by Driven on this Site or in respect to the Services constitute the entire agreement between you and Driven concerning your use and consultation of the Site and the Services (excluding any services that may be supplied by Driven in the scope of a separate agreement), superseding and fully replacing any prior or contemporaneous agreements, communications and proposals, whether oral or written, made between you and Driven (including, but not limited to, any previous versions of the Terms and Conditions).

Exercise of Rights

The failure by Driven to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, the unenforceable portion shall be deemed to be severed from these Terms and Conditions, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 14 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or Driven. You may terminate these Terms and Conditions at any time by notifying Driven that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 15 - Governing Law and Jurisdiction

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Portuguese law.

Any dispute that may arise out of or in connection with these Terms and Conditions shall be submitted to the jurisdiction of the Courts of Lisbon, without prejudice of mandatory legal regulations applicable. Notwithstanding, Driven may apply an injunction (or an equivalent mean of urgent legal action) in any jurisdiction.

Section 16 - Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Section 17 - Contact Information

If you have any questions about these Terms and Conditions, the practices of this Site, the Services or your dealings with this Site, please contact us at:

Driven
https://www.driven.pt/
Alameda dos Oceanos 115, 1990-392, Lisbon, Portugal
+351 93 888 00 99
info@driven.pt

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