GENERAL TERMS OF SERVICE
GENERAL TERMS OF USE
OF THE WEBSITE AND PLATFORM
Last updated: 14 January 2021
When accessing the Website, the user
should be aware of the following provisions applicable to each document, piece
of information, data and the requirements contained therein, owned and
maintained by WHYSTAR DELTA PT, Lda.
For the purposes of this document, “Website
and Platform” shall refer to the "BRIDGEWHAT" website and
platform.
WHYSTAR
DELTA PT, Lda. is a private limited liability company incorporated and
operating under Portuguese law, with head office at Av. Duque D'Ávila 141, 1st
floor right, civil parish of Avenidas Novas, municipality of Lisbon (1050-081),
Portugal, with a share capital of EUR 100,000.00 (one hundred thousand euros)
and registered at the Lisbon commercial registry office under the unique
registration and legal person number 516.059.416 (hereinafter
“BRIDGEWHAT”).
BRIDGEWHAT's
main activity consists of the following: Rendering professional consulting
activities and services covering information technology and systems,
management, information, organization and commercial strategies as well as
business consultancy to other companies, in order to support and promote their
commercial growth. Design, development, execution, sale and assistance of
computer programs, electronic platforms or other systems for the sales sector.
Database processing, development and management activities, supporting other
companies to adapt the equipment and platforms that are developed and sold.
Preparation of opinions, studies, tools, processes and systems to achieve the
purposes described.
The “BRIDGEWHAT” website is a
website that provides information about BRIDGEWHAT's activity and can be
accessed at www.bridgewhat.com.
Through the Website, conditioned to
the use of valid credentials (login) and subject to the present General Terms of Use (the “General
Terms of Use”), the User may access the “BRIDGEWHAT” Platform, a B2B
platform that promotes reputation, sales and marketing content, business
opportunities and strategic consultancy, following the 4Cs Growth Journey –
Credentials, Content, Connections, Counselling (the “Services”).
A “User” is any individual or
institution that in general and through the Website visits the content provided
therein or, upon registration, makes use of its Functionalities and the
Platform itself.
The Website allows the user to
access a set of information online, which will include information related to
the BRIDGEWHAT Platform and may include information related to Services
provided by BRIDGEWHAT. The Website and Platform contain text, photographs,
graphics, logos, images, works subject to copyright and other types of
information (the "Content"), and may provide access to
specific private software used in connection with navigation and use of
functionality made available on the Website and Platform.
|
Access to and the use of Website
and Platform functionalities are subject to the present General Terms of Use, as well as
to any applicable national and EU laws and regulations. BRIDGEWHAT
recommends that the User carefully read these General Terms of Use. If you do
not accept and do not undertake to comply with each of these terms and
conditions, you will not be authorized to access or otherwise use the Website
and Platform, its Content, its Services or the software included therein. By
accessing and using the Website and Platform, Users implicitly accept and
commit to respect each and every one of the terms and conditions set out
below. If you are using the Website and Platform on behalf of another person
or on behalf of an institution, you confirm that the person you are
representing also agrees to the terms and conditions and undertakes to comply
with them. These
General Terms of Use may be changed, modified, expanded or updated by
BRIDGEWHAT at any time and without prior notice. Any new Services, Content
and software that are presented and/or made available on the Website and Platform will also be subject to these General
Terms of Use, with effect from the date of their use. We
recommend that the User check the Website periodically in order to keep up to
date with any changes and updates. |
The
Website and Platform are not intended for use by minors under the age of 18
(eighteen) so personal data resulting from the interaction of minors with the Website is not collected by
design. BRIDGEWHAT is not responsible for interaction with or access to the
Website Content and Platform by minors.
Access to some of the Website and
Platform content may be conditioned to prior registration by the User, as well
as the corresponding authentication, through an identification and password.
BRIDGEWHAT will make its best efforts to keep the Website accessible.
Nonetheless, BRIDGEWHAT reserves the
right to suspend access to the Website or to certain areas or functionalities
available therein, temporarily and without prior notice, namely for maintenance
reasons. BRIDGEWHAT shall not be liable for losses arising from possible
situations of impossibility, delay, suspension or interruption in access to the
Website due to technical failures or for other reasons. BRIDGEWHAT does not
guarantee that access to the Website will not be interrupted or disrupted as
the result of technical problems.
BRIDGEWHAT reserves the right to
complete, modify or delete the Content and Functionality of the Website and
Platform.
3.
Correct Use of the Website and Platform
The User undertakes to make
appropriate and lawful use of the Website and Platform as well as the Contents
and Services provided therein for lawful purposes or effects, pursuant to the
applicable law in force. The user should refrain from:
a)
Making any unauthorised or
fraudulent use of the Website and Platform and/or the Content for unlawful
purposes or effects, that harm the rights and interests of third parties, or in
any way which can damage, render useless, overburden, deteriorate or impede the
normal use of the services or of the documents, archives and all types of
content stored on any computer equipment.
b)
Accessing or attempting to access
restricted resources or areas of the Website and Platform, without complying
with the conditions required for such access.
c)
Introducing or disseminating
programs, viruses, macros, applets, ActiveX controls or any other device on the
network that causes or is likely to cause any type of change to the computer
systems of the Website and Platform or of third parties.
d)
Damaging the physical and logical
systems of BRIDGEWHAT, its associates or third parties, introducing or
spreading computer viruses or any other physical or logical systems that are
likely to cause the damage mentioned above.
e)
Copying, reproducing, recompiling,
disassembling, reverse engineering, distributing, publishing, displaying,
executing, modifying, importing, performing derivative works, transmitting or
exploiting parts of the Website and Platform, except (i) to import content from
the Website and/or make a copy for your personal non-profit use and (ii) to
share Blog Posts on social media, provided that the User acknowledges all
copyright inherent in the Posts and/or the Website and Platform and the
corresponding Content.
f)
Reproducing or copying,
distributing, allowing access through any means of public communication,
transforming or modifying the Contents, except in cases where authorisation has
been granted by the holder of the rights or it is legally permitted.
g)
Deleting, hiding or manipulating the
notes on intellectual or industrial property rights and other data incorporated
in the contents which identify BRIDGEWHAT's rights or the rights of third
parties, as well as the technical protection devices or any information
mechanisms that may be inserted in the contents.
h)
Obtaining
and trying to obtain the contents, Services or Articles offered on the Website
and Platform through the use of means or procedures different from those that
in each case have been made available to you or that have been expressly
indicated on the Website or, in general, of those that are commonly used on the
Internet because they do not represent a risk of damage or destruction to the
webpage and/or its contents.
The User guarantees that the
activities they carry out in the use of or access to the Website and Platform
in no case threaten the good name and commercial image of BRIDGEWHAT or of
persons or entities associated with it, other users of the Website and Platform
or third parties.
BRIDGEWHAT reserves the right to
remove all comments and content that disturb public order or security or that,
in its opinion, are not suitable for publication. In any case, BRIDGEWHAT will
not be held accountable for the comments and opinions of users, as well as for
contents illegally submitted by third parties on the Website and Platform.
In the event that the User does not
comply with any of the stipulations of these General Terms of Use, BRIDGEWHAT
reserves the right to momentarily or definitively interrupt the User's access
to the Website and Platform, or even to terminate the provided service.
Should the User misuse and/or illegally use the Website and Platform, in particular in direct or indirect violation
of these General Terms
of Use, the User shall be
liable before BRIDGEWHAT
for any damage or injury and hold BRIDGEWHAT harmless. In case of non-compliance with these General Terms of
Use,, BRIDGEWHAT reserves the right to unilaterally cancel, at
its exclusive discretion and without the need for prior notice, access to, use
of, and/or the registration of any User on Website and Platform, without this entitling the User in question
to an indemnity, in any case whatsoever.
The User undertakes to
inform BRIDGEWHAT,
without delay, whenever they witness unauthorised use of the Website and
Platform or become aware that any right held by BRIDGEWHAT
or a third party has been violated, or whenever use
contrary to these General Terms of Use takes
place.
5.
User Blogs and Publications
Through the Website, the User can consult the materials and information published on
the Blog, even if not registered. Each publication made available on the Blog
(“Publication”) will be duly identified with the respective author(s).
The authors of the Publications on the Website Blog are responsible
for the respective Contents and for ensuring that the image, intellectual and industrial property
rights that may exist
over them are not unlawfully affected by the Publication.
The authors of the Publications are also
responsible for guaranteeing their veracity and accuracy.
By making a
Publication on the Blog the User authorises its content to be shared with third
parties, not only through the Blog but through other BRIDGEWHAT communication and promotion media, provided
reference to the authorship of the Publication is guaranteed, and expressly
accepts this advertising and promotion.
The right to publish on the Blog and to
comment on any Publication will be subject to prior registration by the User,
as well as the corresponding authentication, through an identification and
password. In addition to Publications by registered Users, the Blog may display
Publications by BRIDGEWHAT, its founders and/or employees, Publications of
entities that participate in the Platform or in some type of partnership with
BRIDGEWHAT, even if sporadic and not formalized, or other entities that make
public content available.
The User must ensure that they act in a
civil manner and with respect for legal, moral and good customs principles,
abstaining from any action that can be construed as offensive, misleading or
fraudulent.
The User acknowledges that BRIDGEWHAT
reserves the right to delete the Publications or comments that do not comply with these rules on
publication or any of the terms of these General Terms of Use.
The User acknowledges and accepts that BRIDGEWHAT
may carry out prior or subsequent control of any
Publications or comments, and reject or delete the corresponding publication at
its own discretion, without the need for justification or previous
communication to the User, without prejudice to any clarifications that may be
provided to the User in this regard. However, BRIDGEWHAT will not be
responsible for validating any information, its validity or veracity, or the
legitimacy with which the corresponding author makes the publication. Any
investigative diligence that BRIDGEWHAT chooses to carry out in order to
control the quality of the contents promoted through the Website and Platform,
even if not forced to do so, shall deserve full cooperation by the User.
The foregoing regarding the Blog
will be extended, with the necessary adaptations, to any content that is likely
to be submitted or published by a User on the Website and Platform and to other
materials published on the Website.
BRIDGEWHAT provides a Newsletter to Users
who are registered on the Platform and to those who upon registration for this
purpose, provide the required data and consent to its processing, at their
request.
Unless otherwise expressly indicated by
BRIDGEWHAT, access to the Newsletter is not subject to any type of payment.
BRIDGEWHAT will endeavour to prepare
newsletters on a regular basis. However, and except for contractual stipulation
to the contrary, BRIDGEWHAT does not assume any commitment to prepare and send
Newsletters regularly.
7.
Services Associated with the Platform
The User acknowledges
and accepts that the services associated with
the Platform are subject to their own contractual framework, which must be
accepted prior to first access or access following a change to the
corresponding contractual terms, even if by unilateral decision of BRIDGEWHAT.
The requisite criteria for access to the services associated
with the Platform are, at any given time, determined by BRIDGEWHAT, including
the price of subscription to the service.
Access to the Platform and the services associated with it will
be subject to express and full acceptance of its rules, in addition to the
provisions of these General
Terms of Use.
8.
Intellectual and Industrial Property and Domain Name
BRIDGEWHAT
is the holder of the domain www.bridgewhat.com, www.bridgewhat.co, www.bridgewit.com Any misuse without authorisation
constitutes an infringement of the rights conferred by the registration of
these domains.
The navigation or purchase of a
Service does not give the User any right to change, exploit, reproduce,
distribute or publicly communicate the intellectual or industrial property of
BRIDGEWHAT Services, nor the Content of the Website and Platform.
Specifically, the following are not
allowed: deep-links, using, copying, monitoring (for example, spiders,
scraping), showing, downloading, saving or reproducing the content, information,
software, products or services available on the Website and Platform for any
commercial activity, without prior written authorisation from BRIDGEWHAT.
Nonetheless, the User may (i) view
the Content of the Website and even print, copy and store these elements on
their PC hard drive or on any other physical support as long as solely and
exclusively for their own personal use, as well as (ii) share published
content, including Blog Publications, provided that all copyright, intellectual
property and other associated rights are respected (in which case, unless
expressly indicated otherwise, deep-links should also be considered
authorised). Viewing, printing, copying, storing and sharing information made
available through the Platform is subject to the rules established for the
Service that the user has contracted from BRIDGEWHAT.
The materials and information shared
or published on the Website and Platform must respect the image and intellectual
and industrial property rights that may exist over them.
9.
Exclusion of Warranties and Liabilities
The User is entirely responsible for
access to and use of the Website and Platform. The User acknowledges that they
use the Website and Platform on its own account and responsibility and
acknowledges that the service and any element in it, including the content, the
services and other elements are provided "as is", and that BRIDGEWHAT
does not explicitly or implicitly guarantee, that the elements are suitable for
a particular purpose or use.
BRIDGEWHAT does not guarantee nor is
it responsible for damage, damages, losses, claims or costs of any nature due
to the following circumstances:
- Compatibility of the Website and Platform with the hardware
or software used by User.
- Interference, interruptions, failures, omissions, telephone
malfunctions, delays, blockages or disconnections in the operability of the
electronic system, caused by deficiencies, overloads and errors in
telecommunication lines and networks, or due to any other cause beyond the
control of BRIDGEWHAT.
- Illegitimate intrusions through the use of malign programs
of any kind and through any means of communication, such as computer viruses or
any other means.
- Improper or inappropriate use of the Website and Platform.
- Security or navigation failures produced by poor operation
or by the use of outdated versions of the browser.
- Damage suffered by User equipment, which is the property of
the User or a third party.
- BRIDGEWHAT does not guarantee that the Services are
compatible with your hardware or software, nor that the service is free of
errors, viruses, worms or trojans, and is not responsible for damage caused by
them.
Any damages for damage or losses
incurred by the User and attributed to BRIDGEWHAT, resulting from a failure
directly attributable to it, will correspond to direct losses, with the express
exclusion of indirect damages, emerging damages or lost profits, and up to a
maximum amount equal to the value of the Services requested and paid.
Users may request a variety of
Services through the BRIDGEWHAT Platform. The Services may be provided by duly
identified third parties.
Users are entirely responsible for
their choices of Services. BRIDGEWHAT is not responsible or liable for any loss
or damage that you may suffer or incur as a result of any Service you acquire
while using the BRIDGEWHAT Platform or for any acts, omissions, errors or
negligence of third parties related to such Service.
The data and descriptions of the
Services made available on the BRIDGEWHAT Platform may not represent the entire
description of all options and terms and conditions of these Services.
BRIDGEWHAT requests that Users ensure that they carefully check all options and
terms and conditions of any Service before requesting it.
If BRIDGEWHAT Platform Users request
and purchase any Service, they may contact a Seller or third party who is
providing that Service to them on their own terms and conditions. The User It
entirely responsible for confirming that they agree to these terms and
conditions before entering into a contract to purchase this Service. BRIDGEWHAT
is not responsible or liable for any loss or damages that Users may suffer or
incur as a result of the terms and conditions applied to any contract initiated
by them with any Seller or third party in regard to any Service or for any
acts, omissions, errors or negligence of any third party in reference to those
terms and conditions.
Unless resulting from the contract
in force between BRIDGEWHAT and the User or a third party, BRIDGEWHAT, its
administrators, directors and employees, partners, branches, subsidiaries,
successors and assignees, as well as their agents will not be directly or
indirectly liable in any way to the user or any other person for: (i) Website
and Platform errors and omissions; (ii) delays, errors or interruptions in
transmission or delivery of content or services through the Website and
Platform; (iii) losses or damage, or for any other reason of non-compliance.
Unless resulting from the contract
in force between BRIDGEWHAT and the User or a third party, BRIDGEWHAT shall not
have civil liability before the User for direct or indirect damage, for any
reason including negligence, even if an authorised representative of BRIDGEWHAT
was specifically aware of the possibility of producing such damage, occasioned
by the use of or inability to use content or services through the Website and
Platform, or any link or element on the Website and Platform, or provision of these General Terms of Use, such as the loss of
benefits, anticipated earnings or the loss of clients. On no occasion,
BRIDGEWHAT may be accountable before the user for damage, losses and rights
(included in contract or that assume civil unlawful acts, including
negligence). BRIDGEWHAT's responsibility cannot exceed the amount paid for
subscription to the Platform or other services provided by BRIDGEWHAT through
the Website and Platform, if the corresponding payment has taken place.
BRIDGEWHAT excludes any
responsibility for damages of any nature that may be due to the transmission,
dissemination, storage, availability, receipt, obtainment or access to the
services and, in particular, although not exclusively, for damage and damages
that may be due to: (a) non-compliance with the law, generally accepted morals
and good customs or public order as a consequence of obtaining, using or
accessing content or services through the Website and Platform; (b)
infringement of intellectual and industrial property rights, industrial
secrets, contractual obligations of any class, rights to honour, personal and
family intimacy and the image of persons, and property rights belonging to a
third party as a consequence of improper use of content or services through the
Website and Platform; (c) the performance of acts of unfair competition and
illegal advertising as a result of the use of content or services through the
Website and Platform; (d) inadequacy, for any purpose, and defrauding
expectations generated by the content or services through the Website and
Platform; (e) non-performance, delay in performance, defective performance or
termination of contracted obligations by a third party, for any reason, and of
contracts entered into with third parties, through, or in lieu of access to the
contents or services through the Website and Platform.
BRIDGEWHAT is not responsible for
communications that take place between Users, nor for the agreements made
between them as a result of the offers that appear on the Website and Platform.
BRIDGEWHAT will comply with all due
diligence that may be required in case it becomes aware of possible scams or
crimes being committed through the Website and Platform. In this regard,
BRIDGEWHAT will actively cooperate with the competent authorities in the
prosecution of these crimes.
The User undertakes to indemnify,
exempt and exonerate BRIDGEWHAT and the members of its corporate bodies, legal
representatives, employees and collaborators, agents, licensors, service providers,
customers and organizers from responsibility regarding any losses, liabilities,
expenses, direct and indirect damages and costs – including reasonable legal
fees and costs – arising from or resulting from use of the Website and Platform
by the User, or from any breach of these General Terms of Use by the User.
If the User performs a technical
modification to the Website and Platform or to the systems that transmit the
Website and Platform, either to themselves or other users, the User undertakes
to assume responsibility for any losses, liabilities, expenses, direct and
indirect damages, costs – including reasonable legal fees and costs – arising
or resulting from such a modification. BRIDGEWHAT reserves the right to assume,
on its own account, the exclusive defence and control in any matter that could
otherwise be subject to indemnity by the User and, in this case, in this case,
they undertakes to cooperate with BRIDGEWHAT in this defence.
The personal data provided by the
holder through interaction with the Website and Platform or in the use of its
Functionalities will be processed and stored by BRIDGEWHAT through computerized
means, under the scope of pre-contractual or contractual relations, including
any situation arising from or related to the contractual or pre-contractual
relations, regardless of its nature.
BRIDGEWHAT recommends that you read
the Privacy Policy attentively as it provides important information on how
BRIDGEWHAT treats provided personal data, the security standards used for data
protection, and explains the rights of Data Subjects.
BRIDGEWHAT recommends that you
carefully read the Cookies Policy, which provides important information on how
cookies are used on the Website and Platform.
15.
Communications and Complaints
Any
communication that the User wishes to make to BRIDGEWHAT, namely complaints,
must be made by sending a written notice to Av. Duque D'Ávila 141, 1st
floor right, 1050-081 Lisbon, civil parish of Avenidas Novas, municipality of
Lisbon, or by sending an e-mail to the following address client@bridgewhat.com.
User expressly accepts the use of
email as a valid procedure for the forwarding of all communications related to
the use of the Website and Platform, and/or the acquisition of Services.
These conditions of use are governed
by Portuguese law. If any provision is at any stage deemed unlawful or
inapplicable by a competent court, this shall not affect the validity and
applicability of the remaining provisions.
If you
have a complaint or a claim regarding the Conditions of Use of the Website, you
must send written communication to Av. Duque D'Ávila 141, 1st floor
right, 1050-081 Lisbon, civil parish of Avenidas Novas, municipality of Lisbon,
or send an email to the following address client@bridgewhat.com. BRIDGEWHAT
will reply to you as soon as possible by proposing a solution to address the
issue in question.
Any dispute or complaint arising
from or related to these General Terms of Use or the use of the Website and
Platform must be submitted to the competent courts.
The User may also resort to the
competent dispute resolution entity.
Without prejudice to the provisions
of the law, the articles of association and regulations to which dispute
resolution entities are bound, the User may resort to the European online
dispute resolution line available at https://webgate.ec.europa.eu/odr, the
dispute resolution entity in their country of residence, or the alternative dispute
resolution entity with specialised competence.
These General Terms of Use entered
into force on 14 January 2021.