Terms and conditions

1. Introduction

These Terms and Conditions govern the access to and use of the Website www.kwportugal.pt, which is managed by ALL WIN – Consultoria de Gestão, Lda., a company headquartered at Rua do Pólo Sul, n.º 2, 2º A, Parque das Nações, 1990-273 Lisbon (hereinafter "KW Portugal"). Any legal matters concerning the Website can be consulted in the Privacy Policy and Cookies Policy sections, which form an integral part of these Terms and Conditions.
 
The use of this Website by any user is governed by the following Terms and Conditions, implying that by using it, the user accepts them. Should the user reject these Terms and Conditions, they must cease using the Website.
 
KW Portugal may change or update, in whole or in part, these Terms and Conditions as well as the Privacy Policy. Any changes or updates to these Terms and Conditions, as well as to the Privacy Policy, will come into effect as soon as they are published in the respective section of the Website. Users are advised to regularly consult the sections for the Terms and Conditions, Privacy Policy, and Cookies Policy to check for the most up-to-date versions.
 
Access to and use of the Website are provided exclusively for personal use and for the sale of goods and services (upon payment for the requested goods or services), for the sale of products or services considered of interest to the Website users, or to communicate with them for other purposes (the "Products").
 
KW Portugal reserves the right to assess, at its sole discretion, whether any user complies with these Terms and Conditions. A breach of the Terms and Conditions may result in the revocation of the license to use the Website, as provided in this Clause 1, as well as the exercise of its rights to the fullest extent permitted by law.
 
Users agree to indemnify and hold KW Portugal, its subsidiaries and group companies, as well as its legal representatives, partners, and employees harmless from any damages, liabilities, claims, or requests for compensation—including expenses and legal costs—made by third parties as a consequence of using the Website in a manner inconsistent with these Terms and Conditions and/or due to the breach of the conditions set forth herein and/or resulting from noncompliance with the representations and warranties contained in these Terms and Conditions.
 
 

2. License

Without prejudice to the provisions in the other clauses of these Terms and Conditions, KW Portugal authorizes any user to use this Website solely for personal or informational purposes, as provided in these Terms and Conditions. The license to use the Website may be revoked by KW Portugal at its discretion and at any time.
 
Under the law and these Terms and Conditions, the user may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or change the source code, perform reverse engineering, decompile, or disassemble, in whole or in part, the content of the Website. By accessing the Website, the user acknowledges and accepts that the content may be incomplete, inaccurate, outdated, or may not meet their needs and requirements.
 
 

3. Content and Limitation of Liability of KW Portugal

 Access to and use of the Website, including the display of web pages, are activities performed by the users.
 
Users are solely responsible for the use of the Website and its content. KW Portugal is not responsible and does not assume liability for the use (if any) of the Website in a manner that is contrary to the applicable legal provisions.
 
Specifically, users are solely responsible for communicating incorrect or false information or data, or data of third parties without their consent, as well as for the improper use thereof.
 
The content of the Website may contain inaccuracies or typographical errors. KW Portugal is not responsible, nor can it be held liable by any means, for any inaccuracies or errors, damages (if any) caused or resulting from the use of information derived from the Website or accessed through the Website by users. The user is solely responsible for evaluating the information and content obtained through the Website.
 
The Website and all the information and content published on it may be changed by KW Portugal at any time, periodically and/or without prior notice.
 
Considering that any content that may be downloaded or obtained by other means results from the user’s free decision and is carried out at their own risk, any damage (if any) to computers or loss of data resulting from download operations performed by the user will be the sole responsibility of the user and cannot be attributed to KW Portugal. KW Portugal assumes no liability for any damage (if any) resulting from the inability to access the services provided through the Website or from data (if any) caused by viruses, corrupted files, errors, omissions, service interruptions, content cancellations, issues related to the Internet, service providers or telephone and/or telematic connections, unauthorized access, data modifications, or issues related to the nonexistence and/or improper functioning of the user's electronic devices.
 
The user is responsible for storing and correctly using their personal information, as well as for any damage or loss caused to KW Portugal or third parties as a result of improper use, loss, or theft of personal information.
 
In cases of registration, the user is responsible for storing and correctly using their credentials, which allow access to the reserved area of the services (if any). In these circumstances, the user will be responsible for creating their username and password. The user will also be responsible for providing specific information that must be accurate and up-to-date. The user may not choose a username that belongs to a third party with the intent of using their identity. Similarly, the user may not use a third party's username without their explicit consent.
 
The user must ensure the confidentiality of their password and should not share it with third parties.
 
The user is solely responsible for any actions performed through their user account (if any), directly or through authorized third parties. KW Portugal may revoke the license at its discretion and at any time if any abusive, fraudulent, or illegal behavior is detected.
 
KW Portugal has implemented appropriate technical and organizational measures to safeguard the security of the services provided through the Website, ensure the integrity of electronic traffic data related to unauthorized use or access, and to avoid risks of dissemination, destruction, or loss of confidential or non-confidential data and information of its users on the Website, or related to unauthorized access or noncompliance with the applicable legal provisions regarding such personal data and information.
 
KW Portugal does not guarantee, nor can it guarantee, that the Website is free of viruses or any other element that might negatively affect technology.
 

4. Access to the Website. Interruption and Suspension

KW Portugal makes its best efforts to provide continuous access to the Website; however, access to the Website may be suspended, limited, or interrupted at any time, regardless of the reason. Access to the Website may occasionally be limited to allow for recovery, maintenance, or the introduction of new features or services. KW Portugal will use its best efforts to restore access as quickly as possible. KW Portugal reserves the right to block access to any material and/or remove any material that it, in its sole discretion, deems to provoke a violation of these Terms and Conditions.
 
KW Portugal reserves the right to terminate user accounts (if any) that violate these Terms and Conditions, including in situations where it is verified that the user is using proxy IP addresses to hide the use of multiple accounts, or intends to be identified as being in a country different from where they actually are, or causes disruptions to the Website’s functioning by any means.
 
 

5. Personal Data Protection

Users are advised to read and review the Privacy Policy, which forms an integral part of these Terms and Conditions, to understand how the Website collects and uses users’ personal data and the respective purposes.
 
 

6. Intellectual Property Rights

All rights are reserved. The Website and all its content, including but not limited to articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video or audio clips, or marketing texts, as well as trademarks, logos, domain names, and any other elements that may be covered by property rights (including source codes) and/or other forms of intellectual property rights (hereinafter "Material"), are the property of KW Portugal or third parties, and are protected against unauthorized use, copying, or disclosure by national laws and international treaties regarding Intellectual Property Rights. None of the provisions of the Terms and Conditions and/or the content of the Website shall be interpreted as implicitly conferring, accepting, or licensing by any means the right to use any Material without the prior written consent of KW Portugal or the third-party owner of the Material or the intellectual property rights published on the Website.
 
The use, copying, reproduction, modification, republication, updating, downloading, emailing, transmission, distribution, or duplication—or any other abusive act—of the Material not specifically identified, but of identical nature, is prohibited. As a user of the Website, you agree not to use the Material for illegal purposes and not to violate KW Portugal’s rights.
 
However, the user may view and display the content of the Website and/or the Material on a computer, tablet, or mobile device screen, store such content in electronic format on disk (but not on a server or an Internet-connected memory device), or print a copy of such content for personal and non-commercial use, provided that all information relating to intellectual property rights is maintained.
 
Access to the Website does not grant the user any rights over the content made available by KW Portugal.
 
 

7. Links to Other Websites

If the Website provides links ("Links") to third-party websites or to content provided by third parties ("Other Websites"), KW Portugal hereby informs you that such links are included solely for informational purposes and for the convenience of the user. KW Portugal does not control the Other Websites and, therefore, is not responsible for such Other Websites or the content they provide (including, but not limited to, references to social networks) and is not liable for any damages or losses that may result from the user’s use of the Other Websites, nor for the processing of personal data during Internet browsing operations. Access to any Other Website via a link on the KW Portugal Website is at the user’s sole responsibility and risk.
 
Thus, the user should pay particular attention when connecting to Other Websites through links on the KW Portugal Website and carefully read their respective terms and conditions and privacy policies.
 
 

8. Representations and Warranties of the User

The user acknowledges and declares that:

1. They have read and understood these Terms and Conditions;
2. They will refrain from reproducing, duplicating, copying, selling, reselling, or exploiting the Website or its content, or any part thereof, and will refrain from using or reproducing KW Portugal's trademarks or any intellectual or industrial property rights;
3. They will not publish or use false, injurious, or defamatory information;
4. They will refrain from using, directly or indirectly, the services or the Website for purposes contrary to the law or inconsistent with the principles set forth in these Terms and Conditions;
5. They will not propagate viruses, spyware, adware, rootkits, backdoors, Trojan viruses, or other similar computer threats;
6. They will not use software or other automatic or manual mechanisms to copy or access control of the Website or its content.

9. Miscellaneous Provisions

 If any of the provisions contained in these Terms and Conditions is found to be null and void, it shall be removed, and the remaining provisions shall remain in full force and effect and produce their full effect.
 
This contract shall be governed by Portuguese law and interpreted in accordance with Portuguese law, in conformity with contracts executed and performed in this country. In the absence of an amicable agreement between the parties, any conflicts or disputes of any nature regarding the formation, execution, or interpretation of this Contract shall be finally resolved by the Judicial Courts of Lisbon, with explicit waiver of any other jurisdiction.
 
The user may contact Customer Service for any questions related to the Terms and Conditions or any questions regarding the use of the Website by sending a registered letter with acknowledgment of receipt to Rua do Pólo Sul, n.º 2, 2º A, Parque das Nações, 1990-273 Lisbon, or by emailing privacy@kwportugal.pt.