TERMS OF USE

These Terms of Use establish the rules governing both access and use of the computer platforms provided by “MHPB,” specifically the website “https://mhpb.pt/” (hereinafter referred to as the “official site”) and any other applications available for use on computers, tablets, mobile phones, or other devices (apps) — hereinafter referred to as “Platforms” — as well as the availability and use of their respective contents, whether text, sound, image, video, or computer programs, including informational or opinion articles, comments, messages, institutional, commercial, or any other type of information, trademarks, designs, logos, illustrations, graphics, photographs, audio or video materials, web design, software, etc. — hereinafter referred to as “Contents.”

 

Also integral to these Terms of Use are the rules governing the processing of personal data of the user of the Platforms, from its collection (particularly through the official site of MHPB), storage, use, transmission, to its deletion, as well as the prior consents for such processing and the purposes thereof, rules that materialize, in this context, the Privacy Policy of MHPB (also available on this official site).

 

These Terms of Use apply to all users, regardless of their nationality or place of residence.

 

MHPB reserves the right to modify, replace, and/or revoke, in whole or in part, these Terms of Use, and unless otherwise indicated, the modifications will take effect after their publication on the Platforms.

 

The Terms of Use may be complemented by specific usage rules for each Platform, which are also binding.

 

The availability of the Contents, through the Platforms, is made on the condition of acceptance by the user, without any reservations, conditions, or modifications, of the Terms of Use.

 

The use of the Platforms and/or access to the respective Contents by the user means that the user does not oppose the Terms of Use and simultaneously constitutes a presumption that the user fully accepts them without reservations.

 

The use of the Contents by the user is only authorized for exclusively personal purposes, and not only the use for any other purposes (e.g., commercial), but also the copying, alteration, reproduction, display, publication, dissemination, distribution, rental, licensing, transmission, or use of the Contents in any form, as well as the creation of other content or works that are based on or incorporate the Contents, is prohibited.

 

The permission to access and use the Platforms and the availability of the Contents by MHPB does not confer any rights to the user over them, nor the right to demand their maintenance by MHPB.

 

MHPB does not guarantee that access to the Platforms and/or Contents will not be interrupted or disturbed due to technical issues and may, at any time and for its sole convenience, modify, restrict, or suspend usage, discontinue any Platform and/or Content, without prior notice and without any obligation to compensate the user or third parties.

 

MHPB assumes no responsibility for damages resulting from potential situations of impossibility, delay, suspension, or interruption in access to the Platforms and/or Contents due to technical failures or other reasons.

 

As a condition for using certain features of the Platforms and accessing specific Contents, the user must complete prior registration, entering personal data identified in the provided fields (such as full name, birth date, email address, gender, municipality, and country of residence), and creating a password to access the Platform, all in accordance with the given instructions.

 

The purchase of goods, services, and/or contents by the user, through the Platforms, depends on the prior registration of the user.

 

In cases where it is possible, through the Platforms, for the user to acquire goods, services, and/or contents, the rules set forth in these Terms of Use and, subsidiarily, the applicable legislation apply.

 

Unless otherwise indicated, MHPB is the owner of the industrial property rights and copyrights related to all Contents, which are protected under general law and national and international legislation concerning intellectual property and, also, computer crime.

 

When using the Platforms and the Contents, the user agrees to:

 

1. a) Read, in full, the Terms of Use as well as the Privacy Policy;
2. b) Strictly comply with the Terms of Use;
3. c) When registering on the Platforms, whether for creating a user account, purchasing any product, service, and/or content from MHPB, provide only truthful and updated personal data that pertains to them;
4. d) Recognize and respect the rights of third parties, including other users, and MHPB’s rights, particularly with regard to industrial property and copyright over the Platforms and the Contents;
5. e) Not adopt conduct contrary to the law, including violations of others’ rights and offenses against the good name, image, reputation, and prestige of any individuals or companies, including MHPB and other users;
6. f) Act responsibly and always in good faith, both toward MHPB and other users;
7. g) Not create or use any tools or technological measures, whether through computer programming or using pre-existing software, intended or apt to damage, modify, or delete, in whole or in part, the Platforms, the Contents, or the technology underlying their proper functioning, and also those that are apt to allow unauthorized access to the Contents or any reserved content, whether related to MHPB or other users.

 

A violation by the user of the above rules may result in their civil and/or criminal liability and, consequently, the obligation to compensate for the damages caused and their punishment with fines or imprisonment under the law.

 

MHPB, as the entity responsible for personal data processing, adopts the conduct and implements the mechanisms necessary to ensure strict compliance with the legislation on personal data protection in effect at any given time, particularly Law No. 58/2019 of August 8, which ensures the implementation, under national law, of Regulation (EU) 2016/679 of the European Parliament and Council, dated April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data.

 

For this purpose, MHPB approves and implements a Privacy Policy (also available on this official site), which is an integral part of the Terms of Use, and provides the Platforms with the necessary features for the exercise of the rights of the user as the data subject, as well as implements security mechanisms to protect such personal data against unlawful intrusions and unauthorized access.

 

MHPB will be responsible for damages suffered by the user that directly result from non-compliance or defective compliance with MHPB’s obligations under these Terms of Use.

 

In any case, the user acknowledges and agrees that:

 

1. a) Regarding privacy and personal data protection, MHPB’s obligations toward the user, as the data subject, are obligations of means (and not of result), which is why, by accessing the Platforms and the Contents, the user also accepts the inherent risks of such activities in the digital and electronic environment, including unauthorized intrusions by third parties and the dissemination of malicious software (computer viruses), and the potential compromise of information and personal data, from unauthorized access to it, through its appropriation, alteration and/or disclosure, to its deletion;
2. b) MHPB, its administrators, directors, and employees, cannot be held responsible for unlawful acts committed by third parties, including other users, such as those mentioned in the previous item, even when such acts cause damage, whether of a patrimonial or moral nature;
3. c) MHPB does not guarantee that the Platforms or the Contents will meet or are apt to satisfy the user’s needs or expectations;
4. d) MHPB does not guarantee that any computer or human error that hinders the availability or proper functioning of the Platforms or, furthermore, access to all or any of the Contents will necessarily be corrected by MHPB, and even less, within a specific timeframe;
5. e) No advice or information obtained by the user through the Platforms and/or the Contents is susceptible to creating any guarantees not expressly stated in these conditions, nor can it be the basis for any decision made by the user, whose consequences, if negative or harmful, may be attributed to MHPB;
6. f) The Platforms, including the official site, are accessible through a public network of electronic communications that may be used by several users, and as such, are subject to computer overloads, so MHPB does not guarantee service without interruptions, data loss, or delays in such situations or in the case of force majeure.
7. g) MHPB is not responsible to the user for any damage suffered by the user and/or third parties resulting from the use or inability to use the Platforms and/or the Contents due to delays, interruptions, errors, and suspensions of communications and information loss in that sequence, originating from factors beyond its control and not attributable to it, including any deficiencies or failures caused by the communications network or services provided by third parties, the computer system, modems, connection software, or possible computer viruses or resulting from the downloading of infected files or files containing viruses or other properties that may affect the user’s terminal equipment, especially when the user fails to install the appropriate software to protect access, as well as in cases of unpredictable overload of computer systems.
8. h) MHPB is not responsible to the user for any damages suffered by the user and/or third parties that may arise from technical failures in capturing, viewing, or using the Platforms that are not attributable to MHPB or resulting from outdated Contents;
9. i) MHPB is not responsible to the user for any damages suffered by the user and/or third parties that may arise from any unauthorized use of MHPB’s servers and/or all information and data stored there, the correctness, currency, or veracity of the information contained in the Contents, nor for any errors, deficiencies, or inaccuracies in the Contents and for any damages that such errors, deficiencies, or inaccuracies in the Contents may cause to the user.

 

Without prejudice to other forms of communication provided in the Terms of Use, all notifications addressed to the user, including regarding any changes to them, will be made to the email address provided by the user during registration.

 

If the user wishes to contact MHPB, they may do so via the email address geral@mhpb.pt.

 

Notifications will be deemed to have been made on the business day immediately following the sending of the notification to the email address provided by the user at their registration.

 

The user agrees to inform MHPB of any changes to their email address, and failure to do so will render any change ineffective vis-à-vis MHPB, with all notifications made by MHPB to the user being considered as made and effective.

 

MHPB may terminate these Terms of Use and cancel the user’s access registration to all or any Platform and, also, may immediately remove any user comment in the event of non-compliance or violation of these conditions, with no right to any compensation by the user on that basis.

 

The termination of the Terms of Use and the user’s registration operates five days after MHPB’s communication to the user’s email address, without prejudice to MHPB’s ability to immediately remove any user comment that violates any of the user’s obligations under these Terms of Use.

 

In this case, the user must immediately cease all use of the Platform(s).

 

If any provision of these Terms of Use is declared invalid, null, or ineffective, or is annulled, this will not affect the validity or effectiveness of the remaining provisions, which will remain fully in effect.

 

All matters regulated by the Terms of Use are governed by Portuguese Law.

 

In case of dispute, in the interpretation or application of the Terms of Use and, also, in the interpretation and execution of contracts entered into through the Platforms, the jurisdiction of the Lisbon district court shall apply, with express waiver of any other jurisdiction.