1.General Information
The User must carefully read these Terms and Conditions of Use ("Terms and Conditions") which regulate access to and use of the ewen.energy website, as well as all its subdomains (hereinafter "Website"), operated by Ewen - Soluções Globais Em Energia E Ambiente, LDA, with VAT number 506 912 957 and registered office at Rua Manuel Pinto De Azevedo, 626 R/C Esq 4100-320 Porto (hereinafter "Ewen").
The use of this Website will be governed by these Terms and Conditions of Use, implying its use an acceptance of them by the User. If the User rejects these Terms and Conditions of Use, he/she must immediately cease using the Website.
Ewen may change or update these Terms and Conditions of Use and the Data Protection and Privacy Policy without notice, in whole or in part, and any changes or updates will take effect as soon as they are published in the relevant section of the Website. Users are advised to regularly check the sections of the Terms and Conditions of Use and the Data Protection and Privacy Policy for the most up-to-date versions.
Access to and use of the Website is provided exclusively for personal use. Ewen reserves the right to assess at its discretion the User's compliance with these Terms and Conditions of Use. Violation of the Terms and Conditions of Use may result in the withdrawal of the authorization to use granted by Ewen under the terms set forth herein, as well as the exercise of your rights to the fullest extent permitted by law.
The User undertakes to indemnify and hold harmless Ewen, as well as its legal representatives, partners and collaborators, from any damages, liabilities, claims or requests for compensation, including expenses and costs of representation, requested by third parties as a result of the use of the Website in terms that do not comply with these Terms and Conditions of Use, and/or as a result of the breach of the conditions provided for herein, and/or as a result of the breach of the declarations and guarantees contained in these Terms and Conditions of Use.
2. Authorization for Use
Without prejudice to the other clauses of these Terms and Conditions of Use, Ewen authorizes any User to use this Website only for personal or informational purposes, as provided for in these Terms and Conditions. Authorization to use may be revoked by Ewen at its discretion at any time. In accordance with the law and these Terms and Conditions, the User may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or alter the source code, reverse engineer, decompile or disassemble, in whole or in part, the content of the Website. By accessing the Website, the User acknowledges and accepts that its content may be incomplete, inaccurate, not up to date, or may not meet their needs and requirements.
3. Content and Limitation of Liability
Access to and use of the Website constitute activities carried out by the User.
The User is solely and exclusively responsible for the use of the Website and its contents.
Ewen is not responsible, nor does it assume any liability, for the use of the Website in terms that do not comply with the legal provisions in force by the User.
In particular, the User is solely responsible for the communication of incorrect, false or third-party information or data without their consent, as well as for the incorrect use thereof.
The contents of the Website may contain inaccuracies or errors. Ewen is not responsible, nor may it be held responsible, in any way or form, for inaccuracies and errors, any damage caused or resulting from the use of information derived from the Website or through the Website by the User. The User is solely and exclusively responsible for evaluating the information and content obtained through the Website.
The Website and all information and content published on it may be changed by Ewen at any time, from time to time and/or without prior notice.
Considering that any content that may be downloaded or otherwise obtained is the free decision of the User and is carried out at their own risk, any liability for damage to computers or any other electronic devices or loss of data resulting from download operations carried out by the User will be the sole responsibility of the User and cannot be imputed to Ewen. Ewen assumes no liability for damages resulting from the impossibility of accessing the services made available through the Website or for damages caused by viruses, damaged files, errors, omissions, service interruptions, cancellation of content, issues related to the Internet, service providers or the telephone and/or telematic connection, unauthorized access, data alterations, or related to the non-existence and/or malfunction of the User's electronic devices.
The User is responsible for the safekeeping and correct use of their personal information, as well as responsible for any damage or loss caused to Ewen or third parties, resulting from the incorrect use, loss or theft of personal information.
Ewen has adopted the appropriate technical and organizational measures to safeguard the security of the functionalities made available through the Website, ensure the integrity of electronic traffic data related to unauthorized forms of use or knowledge, as well as to avoid risks of dissemination, destruction or loss of confidential or non-confidential data and information of the User, contained in the Website, or related to access - unauthorized or in breach of applicable legal provisions - to said personal data and information.
Ewen does not and cannot guarantee that the Website is free of viruses or any other element that may adversely affect its use.
4. Website Access, Interruption and Suspension
Ewen makes its best efforts to provide continuous access to the Website, however, such access may be suspended, limited or interrupted at any time for any reason.
Access to the Website may be limited from time to time to allow for recovery, maintenance or introduction of new features or services.
Access to the Website may also be interrupted in cases of "Force Majeure" considered to be any cause that disrupts the performance of the Website and has any impact on the performance of our obligations arising out of or attributable to acts, events, omissions or accidents beyond our reasonable control and, in particular, but without limitation, shall include strikes, terrorist action, invasion, war, threat or preparation for war, fire, technical failure of power, software, hardware or telecommunication or other network failures, interruptions, outages or breakdowns, explosions, storms, floods, earthquakes, epidemic or other natural disaster, any legislation, regulation, rule or decision of a state or court.
In any event, Ewen will use its best efforts to restore access as soon as possible. Ewen reserves the right to block access to any material and/or remove any material that may, in its discretion, cause a breach of these Terms and Conditions.
5. Protection of Personal Data
The User should read and review the Data Protection and Privacy Policy and the Cookie Policy applicable to the Website in order to understand how the User's personal data is collected and used, in accordance with the provisions and under the terms of the applicable legislation on the protection of personal data.
The User, whenever using functionalities through Hyperlinks or Other Websites, as designated in Point 7, is advised by Ewen to read the respective terms and conditions and privacy policies before accessing, registering and/or logging in to such Hyperlinks or Other Websites, since their regulation will be autonomous from this Website.
6. Intellectual Property Rights
All rights are reserved. The Website and all its contents, including without limitation, 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 Ewen or third parties and are protected against unauthorized use, copying or disclosure by national laws and international treaties relating to intellectual property rights.
Nothing in the Terms and Conditions and/or on the Website shall be construed as conferring, accepting or in any way licensing the right to use any Material in any way without the prior written consent of Ewen or the third party owner of the Material or intellectual property rights published on the Website.
The use, copying, reproduction, modification, republication, updating, downloading, e-mailing, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified but of a similar nature, is prohibited.
As a User of the Website, the User undertakes not to use the Material for illegal purposes and not to violate Ewen's rights.
The User may, however, view and display the content of the Website and/or the Material on the screen of a computer or other electronic device and store such content in electronic form on disk (but not on a server or on a memory device connected to the Internet) or print a copy of such content for his/her personal, non-commercial use, but must retain all information relating to intellectual property rights.
Access to the Website does not grant the User any rights over the content made available by Ewen.
7. Hyperlinks to Other Websites
In the event that the Website provides links ("Hyperlinks") to third party websites or to content provided by third parties ("Other Websites"), Ewen hereby informs you that the provision of links to such Other Websites is included for information purposes only and for the convenience of the User. Ewen does not control the Other Websites and, therefore, is not responsible for such Other Websites or for the content or products that the Other Websites (including without limitation, reference to social networks) and is not responsible for any damages or losses that may result from the use of the Other Websites by the User, as well as for the processing of personal data. Access to any Other Website via a link on the Ewen Website shall be at the sole risk and responsibility of the User.
The User should therefore pay particular attention when connecting to Other Websites through links on the Ewen Website and carefully read the respective terms and conditions and privacy policies.
8. User Representations and Warranties
The User acknowledges and declares that:
- has read and understood these Terms and Conditions;
- shall refrain from reproducing, duplicating, copying, selling, reselling or in any way commercially exploiting the Website or its contents, or any part thereof, and shall refrain from using or reproducing Ewen's trademarks or any intellectual property rights;
- will not publish or use false, libelous or defamatory information;
- shall refrain from using, directly or indirectly, the services or the Website for purposes that are contrary to law or inconsistent with these Terms and Conditions;
- will not spread viruses, spyware, adware, rootkit, backdoor or Trojan viruses or other similar computer threats;
- will not use software or other automatic or manual mechanisms to copy or access control of the Website or its content.
9. Miscellaneous Provisions
The nullity of any of the provisions contained in these Terms and Conditions shall be deemed unwritten, and the remaining provisions shall remain in full force and effect.
These Terms and Conditions shall be governed by Portuguese law and shall be interpreted in accordance with Portuguese law. Any dispute arising out of or in connection with these Terms and Conditions, in the absence of an amicable and negotiated agreement between the parties, shall be settled by the Judicial Courts of Lisbon, with express waiver of any other. The User may contact Ewen for any question related to the Terms and Conditions or for any question related to the use of the Website, by sending a communication to the address Rua Manuel Pinto De Azevedo, 626 R/C Esq 4100-320 Porto, or to the e-mail address saibamais@helexia.eu.