1. Introduction
These Terms and Conditions govern the access to and use of the website www.noytrall.com, managed by Noytrall Technologies, Lda. (hereinafter "Noytrall"), located at Rua de São Martinho, nº 8, Lourinha de Baixo, 3450-092 Marmeleira. Any legal matters concerning the website can be consulted in the Privacy Policy and Cookie Policy sections, which are integral parts of these Terms and Conditions.
The use of this website by any user shall be governed by the following Terms and Conditions, and implies acceptance thereof by the user. Should the user reject these Terms and Conditions, they must cease using the website.
Noytrall reserves the right to change or update these Terms and Conditions, as well as the Privacy Policy and Cookie Policy, in whole or in part. Any changes or updates to these Terms and Conditions, as well as the Privacy Policy and Cookie Policy, shall take effect immediately upon publication in the respective section of the website. Users are advised to regularly check the sections on Terms and Conditions, Privacy Policy, and Cookie Policy for the most updated versions.
Access to and use of the website are provided exclusively for personal use and for the promotion of Noytrall's activities.
Noytrall reserves the right to discretely assess compliance with these Terms and Conditions by any user. Violation of the Terms and Conditions may result in the revocation of the license granted by Noytrall under this Clause 1, and Noytrall may exercise its rights to the fullest extent permitted by law.
Users agree to indemnify and hold harmless Noytrall, its legal representatives, partners, and employees, from any damages, liabilities, claims, or demands for compensation, including expenses and legal costs, brought by third parties as a result of the user's use of the website in violation of these Terms and Conditions, and/or due to the breach of the conditions set forth herein, and/or arising from non-compliance with the representations and warranties contained in these Terms and Conditions.
2. License
Notwithstanding the provisions of the other clauses in these Terms and Conditions, Noytrall grants any user the right to use this website solely for personal or informational purposes, as provided in these Terms and Conditions. The license to use may be revoked at Noytrall's 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 alter 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 thereof may be incomplete, inaccurate, not up-to-date, or may not meet their needs and requirements.
3. Content and Limitation of Noytrall's Liability
The access and use of the website, including the viewing of web pages, are activities performed by users.
Users are solely and exclusively responsible for the use of the website and its contents. Noytrall is not responsible, nor does it assume any liability for the use (if any) of the website in a manner that does not comply with current legal provisions by the users.
Specifically, users are solely responsible for communicating incorrect, false, or third-party information or data without their consent, as well as for their misuse. The contents of the website may contain inaccuracies or typographical errors. Noytrall is not responsible, nor can it be held liable, in any way, for inaccuracies and errors, damages (if any) caused or resulting from the use of information derived from the website or through the website by users. The user is solely and exclusively responsible for evaluating the information and contents obtained through the website.
The website and all information and content published therein may be changed by Noytrall at any time, periodically and/or without prior notice. Considering that any content that may be downloaded or otherwise obtained results from the user's free decision and is done at their own risk, any damage (if any) to computers or loss of data resulting from downloading operations performed by the user will be the user's sole responsibility and cannot be attributed to Noytrall. Noytrall assumes no responsibility for damages (if any) resulting from the inability to access services provided through the website or for data (if any) caused by viruses, damaged files, errors, omissions, service interruptions, content cancellation, Internet-related issues, service providers or telecommunications and/or telematics connections, unauthorized access, data changes, or related to the non-existence and/or poor functioning of user electronic devices.
The user is responsible for the safekeeping and correct use of their personal information, as well as for any damage or loss caused to Noytrall or third parties resulting from incorrect use, loss, or theft of personal information.
In cases of registration, the user is responsible for the safekeeping and correct use of their credentials, which allow access to the reserved area of services. Under these circumstances, the user will be responsible for creating their username and password. The user is also responsible for providing specific information, which must be accurate and up-to-date. The user may not choose a username belonging to a third party in order to use their identity. Similarly, the user may not use the username of a third party without their express consent.
The user must ensure the confidentiality of their password and must not share it with third parties.
The user is fully and exclusively responsible for any actions taken through their user account, directly or through third parties authorized by the user. Noytrall may revoke the license, at its discretion and at any time, if any abusive, fraudulent, or illegal acts are identified.
Noytrall has adopted 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 the forms of unauthorized use or knowledge, and to prevent risks of dissemination, destruction, or loss of data and confidential or non-confidential information of its users, contained on the website, or related to unauthorized access - or in breach of applicable legal provisions - to such personal data and information.
Noytrall does not guarantee, nor can it ensure that the website is free from viruses or any other elements that may adversely affect technology.
4. Access to the Website. Interruption and Suspension
Noytrall makes every effort to provide continuous access to the website; however, access to the website may be suspended, limited, or interrupted at any time for any reason. Access to the website may occasionally be limited to allow for recovery, maintenance, or introduction of new features or services. Noytrall will make its best efforts to restore access as quickly as possible. Noytrall reserves the right to block access to any material and/or remove any material that may, in its discretionary understanding, provoke a violation of these Terms and Conditions.
Noytrall reserves the right to terminate user accounts that violate these Terms and Conditions, including situations where it is found that the user is using IP proxy addresses to conceal 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 operation of the website by any means.
5. Payment and Transactions
For the purchase of any services or products offered on our platform, we use Stripe as our payment processor. Stripe is crucial for handling all payment-related functions and also provides analytics and other business services.
We use Stripe for payment, analytics, and other business services. Stripe collects and processes personal data, including identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection and prevention. You can learn more about Stripe and its processing activities via Stripe's privacy policy.
Please ensure that you review Stripe’s terms and privacy policy to understand how they handle your personal information. Your agreement to our Terms and Conditions includes your consent to this processing of your data by Stripe for the purposes of completing transactions on our platform.
6. Protection of Personal Data
Users are advised to read and review the Privacy Policy, which is an integral part of these Terms and Conditions, to understand how the website collects and uses users' personal data and for what purposes.
7. Intellectual Property Rights
All rights are reserved. The website and all its contents, including but not limited to, articles, opinions, other texts, lists, user manuals, photographs, designs, 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 Noytrall or third parties, and are protected against unauthorized use, copying, or disclosure by national laws and international treaties on Intellectual Property Rights. None of the provisions of the Terms and Conditions and/or the contents of the website may be interpreted as implicitly conferring, accepting, or in any way licensing the right to use any Material by any means, without the prior written consent of Noytrall or the third-party owner of the Material or intellectual property rights published on the website. The use, copying, reproduction, alteration, republication, updating, downloading, emailing, transmitting, distributing, or duplicating, or any other abusive act of the Material not specifically identified but of identical nature, is prohibited. As a user of the website, the user agrees not to use the Material for illegal purposes and not to violate Noytrall's rights.
However, the user may view and display the content of the website and/or the Material on a computer screen, store such content in electronic format on disk (but not on a server or Internet-connected memory device), or print a copy of such content for personal and non-commercial use, provided that all intellectual property rights notices are maintained.
Access to the website does not grant the user any rights over the contents provided by Noytrall.
8. Links to Other Websites
If the website provides links ("Links") to third-party websites or to content provided by third parties ("Other websites"), Noytrall hereby informs that the provision of links to such Other websites is included solely for informational purposes and for the convenience of the User. Noytrall does not control Other websites and, therefore, is not responsible for such Other websites or for the contents or products that Other websites may provide (including but not limited to references to social networks). Noytrall is not liable for any damages or losses that may result from the User's use of Other websites, as well as for the handling of personal data during internet browsing operations. Access to any Other website through a link on the Noytrall website is solely at the User's own risk and responsibility.
Therefore, the User should exercise particular caution when connecting to Other websites through links on the Noytrall website and carefully read their respective terms and conditions and privacy policies.
9. User Representations and Warranties
The user acknowledges and declares that:
- they have read and understood these Terms and Conditions;
- they will refrain from reproducing, duplicating, copying, selling, reselling, or commercially exploiting the website or its contents, or any part thereof, as well as from using or reproducing the trademarks or any intellectual or industrial property rights of Noytrall;
- they will not publish or use false, defamatory, or libelous information;
- they will refrain from using, directly or indirectly, the services or the website for purposes contrary to law or inconsistent with the principles set forth in these Terms and Conditions;
- they will not propagate viruses, spyware, adware, rootkits, backdoors, Trojan horses, or similar computer threats;
- they will not use software or other automatic or manual mechanisms to copy or gain access to the control of the website or its content.
10. Miscellaneous Provisions
If any provision of these Terms and Conditions is found to be invalid, such provision shall be deemed severed from these Terms and Conditions, and the remaining provisions shall remain in full force and effect.
This agreement shall be governed by Portuguese law and shall be interpreted in accordance with Portuguese law, in conformity with contracts made and executed in this country. In the absence of amicable agreement between the parties, any disputes or disagreements of any nature relating to the formation, execution, or interpretation of this Agreement shall be definitively settled by the Judicial Courts, with express waiver of any other jurisdiction.
The user may contact us regarding any issues related to the Terms and Conditions or the use of the website, either by registered letter with acknowledgment of receipt to the address Rua de São Martinho, nº 8, Lourinha de Baixo, 3450-092 Marmeleira or by email.