Terms ans conditions for accessing and using the website
TERMS OF ACCESS AND USE
1.1. This document defines the Usage Policy and Privacy ALD Automotive on the use (s) site (s) it owns or operates under a sublicense
1.2. The site provides information about the business of ALD Automotive operating on Fleet Management
1.3. For the purposes of this document is considered:
1.3.1. User: the natural or legal person who has access to (s) site (s);
1.3.2. Website: The sites with the following address: www.aldautomotive.pt, www.aldcarmarket.com, www.aldcarmarket.pt, http://webservices.aldautomotive.pt,
http://webservices.ald-automotive.pt, www.seconddrive.pt, or any address with this domain
1.4. The access and the use of the Sites is only allowed as set out in these Terms
1.5. The User should read these present Terms carefully.
2. INTELLECTUAL PROPERTY RIGHTS AND INDUSTRY
2.1. All rights are expressly reserved. The User acknowledge and agree that the content, including but not limited to data, database, information, material texts, pictures, photographs, software, functionalities and graphics contained in or accessible though the Site (the “Content”) whether presented to the User by ALD or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and law. The User shall only make fair use of the words and marks in connection with ALD including but not limited to stylised representations, all associated logos and symbols and combinations of the foregoing with another word or mark (the “Trademarks”) and shall not use the Trademarks,: (i) as or as part of his own trademarks; (ii) in a manner which is likely to cause confusion; (iii) to identify products or services to which they do not relate; (iv) to imply endorsement or otherwise of products or services to which they do not relate; or (v) in any manner which does or may cause damage to the reputation of ALD or any of its subsidiaries and affiliated companies (the “Affiliates”), belonging to the Société Générale Group
2.2. The User hereby acknowledges that all content is owned by ALD Automotive and undertake that will respect the their legal and contractual rights
2.3. Except as otherwise provided, in writing, nothing in these Terms shall be construed as conferring any exclusive license or other transfer of rights to the User of any intellectual property or other proprietary rights of ALD or its Affiliates or any third party.
2.4. The User shall refrain notably from selling, supplying, lending or renting out all or part of the Content to third parties, granting user licenses thereto or making it available in any form whatsoever, by any legal means, without ALD prior written consent.
2.5. The User shall not, except to the extent expressly permitted by ALD Automotive, wholly or partly:
2.5.1. copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer, link to, reverse, engineer or decompile the Content;
2.5.2. remove, obscure or change any copyright, trademark or other intellectual property right notices contained in the Content.
2.5.3. remove, change or obscure in any way the Content or otherwise use any material obtained whilst using the Site except as set out herein;
2.6. The User is prohibited from making use, by any means, the contents of the site for commercial, promotional, advertising or marketing
2.7. The conditions expressed in the foregoing provisions are intended to protect the property rights of ALD Automotive and others who hold rights to the contents of the site, being applicable to them and extensible.
3. CONTENT OFFERED ON THE SITE
3.1. The Content offered on the Site is for information purposes only. ALD Automotive is not responsible by the use that the User could possible do with the information available on the site.
3.2. Is user responsibility confirm and verify that the products, services and information provided by ALD Automotive to the site fall within his commercial or contractual purpose
3.3. ALD Automotive may, at any time, update, change or modify the contents of the site. Is the user responsibility to be aware of the changes made and to consult the information provided by ALD Automotive in all accesses
3.4. ALD Automotive Group and affiliates, and their employees and suppliers, will use its best efforts to provide all relevant information in a clear, precise and exact. Although we use reasonable endeavours to provide the User with accurate Content, neither ALD nor any of its suppliers or employees, neither any of its Affiliates nor any of their suppliers or employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Content
3.5. Access to the site and use of the Content may be restricted for certain people or in certain countries. The User must ensure that access to areas, for which it is authorized
3.6. User may not grant third parties access to the reserved area, or by any means, disclose information that is available in this area
3.7. ALD Automotive can provide hyperlinks to sites, in particular, the Société Générale Group, business partners, suppliers or advertisers. ALD Automotive is not responsible for the content or information available at these sites
3.8. ALD Automotive reserves the right to include advertisings on the Site, according as he considers appropriate, in terms of written agreement to be concluded with the advertiser.
4.1. ALD Automotive does not guarantee the proper functioning of the site or the correct access to it by the User
4.2. ALD also disclaim all liability for any malfunctioning, impossibility of access, security flaw in the access or in data transfer, transmission of computer viruses or poor use conditions of the Site notably due to inappropriate equipment, disturbances linked to the Internet service provider, to the saturation of the Internet network and for any other reason unrelated to us.
4.3. The user is properly informed that the operation of the website may be impaired, namely by carrying out operations update or change content, the volume of accesses, for lack of network or connection by Web
4.4. ALD Automotive is not responsible for any occurrence referred to in the foregoing provisions, or other similar character that may occur through, and the situations described in this document merely illustrative
4.5. The use of the site is the responsibility of the User that it conforms with the conditions defined and the consequences that may arise
4.6. Neither ALD nor any of its Affiliates shall be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any loses in relation to:
4.6.1. use which the User make of the Site or reliance on Content or any loss of any Content resulting from delays, non-deliveries, missed deliveries, or services interruptions;
4.6.2. defects that may exist or for any costs, loss of profits or consequential losses arising from the use of, or inability to use or access or a failure, suspension withdrawal of all or part of the Site at any time;
4.6.3. User errors in the identification and combination of software in his computer with the specific techniques and software used by the site; instructions.
4.7. To the extent permitted by law, the information available on the website is informative not paying ALD Automotive warranties, express or implied, about its contents
4.8. ALD use reasonable endeavours to ensure that the Site contains no inaccuracies, errors, viruses or defects; however ALD does not warrant that this is the case.
The User shall indemnify and hold ALD and any of its Affiliates harmless from and against any claim by a third party on demand from all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, hatsoever suffered or incurred directly or indirectly by ALD as a result of from access to and use of the Site or the breach or non-observance of these Terms.
6. AMENDMENT OF TERMS
ALD Automotive reserves the right to amend the online Terms at any time. Such amendments shall become effective one (1) month after being posted on the Site. By accessing and using the Site, the User accepts that he is bound by the current Terms at the time of his access or use. The User should therefore check these Terms each time he access to and use the Site.
7. SUSPENSION AND TERMINATION OF ACCESS AND USE OF SITE
7.1. ALD Automotive may suspend the access to and use of the Site (i) for repair and maintenance work and (ii) in order to update and/or change the Content from time to time and (iii) in the event that we believe that the User or anyone to whom the User disclose his password are or may be in breach of these Terms.
7.2. ALD Automotive may terminate the access to and the use of the Site if ALD Automotive ceases to offer the Site for any reason whatsoever.
7.3. ALD Automotive shall use reasonable endeavours in order to inform the User as soon as possible and to give him the reason of termination. In such an event, the User shall still have the right to contact the webmaster.
7.4. In all cases, the User shall not be entitled to any indemnification or financial compensation for any reason whatsoever.
8.1. In order to respond to the User needs and during the browsing on this Site, ALD Automotive may collect personal information about the User (“Personal Data”). Some information may be compulsory. The Personal Data can be processed and filed by computers.
8.2. The processing of personal data is carried out in accordance with Law No. 67/98 of 26 October (Data Protection Act) or any other law that will replace, complement or add that law.
8.3. Though this information is for the sole purpose of ALD Automotive, it is expressly understood that we are authorised to use Personal Data for the purposes of managing commercial relationship, prospecting and making statistical surveys, risk management and selection, prospecting and realising sales actions, respecting legal and regulatory obligations, in particular with regard anti money laundering and anti terrorism financing purposes.
8.4. ALD Automotive is the entity responsible for collecting and processing and the user expressly authorizes it to use them to carry out the purposes described above.
8.5. The data collected may be transmitted, where necessary, the Société Générale Group entities, the partners of ALD Automotive, subcontractors, service providers, insurance companies or other entities, to the extent necessary for continued provision of services or content by ALD Automotive. ALD Automotive can still transmit the collected when the transmission is carried out under a legal obligation of a decision of the National Commission for Data Protection or a court order.
8.6. Furthermore, the process used could involve the transfer of Personal Data to countries which are not members of the European Union. In this respect, we shall use reasonable endeavours to ensure the protection and security of Personal Data which could, however, be communicated to official organisations and administrative or legal.
8.7. ALD Automotive may also store “cookies” in the User computer to facilitate the browsing and to build statistics. A “cookie” stores information concerning the User’s browsing on this website (pages already acceded, time and date, etc.) to which ALD Automotive may access during the forthcoming visit to our Site. There is no third-part cookie. To prevent this storing, the User can modify the current configuration of his web browser:
8.8. For Netscape Communicator: In the “Edit” menu, select “Preferences”. Click on the “Advanced” category. The User can then choose one of the following options: Accept all cookies/Accept only cookies which
are returned to the original server/Deactivate cookies. In addition, the User can tick the option: “Warn before a cookie is accepted”.
8.9. For Internet Explorer 6 or 7 In the menu bar, click on “Tools” then “Internet Options”. In “privacy” tab, the User can set the setting of privacy from “block all cookies” to “accept all cookies”.
8.10. For Firefox 3 In the menu bar, click on “Tools” then “Options”. In “Privacy” tab, there is a section about cookies where the User can accept cookies or not.
8.11 The User has the right to access, rectify and object to the use of his personal information by contacting the webmaster
8.12 The User wishing to access, alter, amend or rectify the data with the ALD Automotive, should do so by written, directed to the abode of ALD Automotive’s headquarters or by email to email@example.com
8.13 The user can object that his data can be used for commercial or marketing, simply by informing the ALD Automotive through the email firstname.lastname@example.org
9. GENERAL CONDITIONS
9.1. These Terms are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms. 9.2. The User undertakes that he will not assign, re-sell, sub-lease or in any other way transfer his rights or obligations under these Terms. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by ALD Automotive forthwith. ALD Automotive may assign these Terms in whole or in part to any third party at its discretion. 9.3. These Terms constitute the entire agreement of the parties with respect to the subject matter thereof and supersede any or all prior communications, understandings and agreements between the parties, whether oral, express or implied relating thereto.
9.4. The violation of these conditions will lead to civil or criminal processes. The lack of reaction by ALD Automotive does not mean the renunciation of the exercise of their rights, about the present or future infringement, in the terms permitted by law
9.5. These Terms are governed by and construed in accordance with the laws of Portugal
9.6. In case of dispute is competent the Court of the Judicial District of Sintra