GENERAL CONDITIONS OF USE OF THE CASA.SAPO.MZ PORTAL
1. GENERAL TERMS AND ITS ACCEPTANCE
The following general conditions hereinafter referred to as “General Conditions”, regulate the use of the Internet Service http://casa.sapo.mz, hereinafter referred to as “Portal”, which Janela Digital – Informática e Telecomunicações, S.A., provides to the Internet users.
The use of the Portal confers to whom uses it under the condition of Portal user, hereinafter referred to as “User”, and implies the complete, with no reservations acceptance by the User, from the moment he/she access the Portal, of each and every one of the General Conditions published by Janela Digital.
The use of certain services offered to the User through the Portal, hereinafter referred to as “Services”, is subject to its own specific conditions, which, can be accessed via each one of the services, replace, complete and/or modify the present General Conditions. Before use the aforementioned services, the User must read and agree with the relevant specific conditions of use.
Through the Portal, Janela Digital provides the Users with the access and use of several services and contents, which are place at the Users disposal by Janela Digital or by third party Users of the Portal and/or third party suppliers of services and/or contents.
Janela Digital, reserves the right to unilaterally modify, at any time and without previous warning, the layout and configuration of the Portal, as well as the Services and the conditions necessary for its use. Janela Digital will notify the User of any changes that might take place, using for that end any public area of the Portal.
3. CONDITIONS OF ACCESS TO THE SERVICES
3.1 Free character of the Services
The supply of the Portal service by Janela Digital is free of charge for the Users, which implies that the Users do not have to register in order to use the Portal.
3.2 User’s Registration
Janela Digital reserves some of the Services offered through the Portal to registered Users, providing the completion of a form, which will work as the User identification
By creating an account in the CASASAPO personal area, the user expressly authorizes Janela Digital and its partners to send information about news, products and services that may be of interest, even using their personal data for direct marketing and advertising, by using e-mail, phone or text messaging service.
Janela Digital ensures that all users have the right to access, rectification, cancellation and opposition of their data. If you wish, at any time, no longer be part of our database may exercise this right through the cancellation of the subscription.
4. CONDITIONS OF USE OF THE SERVICES
4.1. The Users are obliged to make a correct and appropriate use of the Portal and its Services.
The User is responsible for using the Portal and its Services accordingly to the law, the present General Conditions and with the moral principles usually accepted.
The User is responsible to not use the Portal and the Services for illegal effects, contrary to those established in the present General Conditions, harmful to the rights and interests of a third party or that in any way, shape or form might damage, make unusable, overload or deteriorate the Portal or the Services or stop the normal use of the Portal and the Services by the Users.
4.2. Means of Obtaining Contents
The User must refrain himself/herself of obtaining or trying to obtain information, messages, graphics, drawings, sound archives and/or images, photos, records, software and, in general, any type of material accessible via the Portal and or the Services, using for that effect, means or distinct procedures from those that have been place at his/her disposal by Janela Digital for this end or that have been indicated in the Internet pages where the Contents can be found or, in general, of the ones that are usually employed for this end in the Internet (as long as these do not imply a damage risk or disabling the Portal, Services and/or Contents).
4.3. Correct Use of the Contents
The User is responsible for using the Contents in a diligent, correct and licit manner, refraining himself/herself from:
1) Carry out or try to carry out illegal activities that go against Janela Digital Rights, the Portal’s Users Rights as well as the remaining Internet Users rights or any other third party not mentioned previously;
2) Practice continuous and persistent acts of provocation aimed at a third party, especially after requests to stop them have been made by the acts targets or Janela Digital;
3) Use or trying to use other entity besides itself, impersonate or try to impersonate someone or some entity, including a responsible person of Janela Digital.
4) To make available, transmit, send, produce or reproduce any content that you do not have the right to use (including, with no exception of any others, confidential information obtained in function of position or job rank);
5) To make available, transmit, send, produce or reproduce any contents that might go against any patent registration, brand, industrial property or any kind of copyright or any individual, entity or institution;
6) To make available, transmit, send, produce or reproduce any contents that have not been requested including, with no exception of any other, promotional material, “junk mail”, “spamming”, “chain letters” "pyramid schemes";
7) To make available, transmit, send, produce or reproduce, deliberately or accidentally any material that contains software virus or any other computer code, files or programs which main goal, even if it is not fulfilled, is to interrupt, destroy or limit the functionality of any computer or informatics system (hardware or software) or telecommunications equipment;
8) To collect, storage, make available, transmit, send, produce or reproduce under any format, third party personal data;
9) To promote, supply, make available, transmit, send, produce or reproduce instructive material about illegal activities; this includes, with no exception of any others, building of bombs, grenades and production of floppies bomb;
10) Promote any kind of aggression, including, with no exception of any others, physical and emotional aggression over any group or individual, or any cruelty act toward animals.
11) To publish property announcements, of which the photos go against any privacy rights, publicity or brands, more specifically, those containing logo which identify the company, brands or services which belong or not to the Client;
12) To publish announcements of properties where the space destined to the publishing of photos, plants, drawings or videos of the respective property, is occupied by any advertisement messages and/or logos, brands and services or graphic changes to photos;
The activities aforementioned are absolutely and completely forbidden to the User and its non fulfilment to be seen as a reason for immediate suspension or ceasing, partial or definitive, temporary or permanent, of the Portal use, as well as, in the situation where is applicable, for elimination of any entries or files corresponding to the respective User, without any previous warning and with immediate effect.
The Users and, in general, the people that offer themselves to establish a link which allows the access to the Portal Internet pages and the respective services from his/her Internet page, hereinafter referred to “Link”, shall fulfil the following conditions:
1) The link will only allow the access to the Portal Internet pages. It will not be able to reproduce them in any way, shape or form;
2) It will only be to allowed Link to the homepage of the portal or the services;
3) A browser nor a border environment over the Portal Internet pages will not be created;
4) It will not be produced manifestations or false information, inexact or incorrect about the Portal and the Services Internet pages, nor it will be declared, nor it will be given to understand that Janela Digital authorized the Link or that it supervised or assumed in any way, shape or form the contents or services offered or made available to the Internet page where the link is established;
5) With the exception of those signals that are part of the same Link, the Internet page where the link is included will not contain any brand, commercial name, company advertisement, name, logo, slogan or other distinctive signals belonging to Janela Digital;
6) The Internet page where the Link is established will not contain illegal information or content, contraries to the moral and good behaviour usually accepted and the public order, as well as contents that might go against to a third party rights.
The establishment of Links does not imply, in any case, the previous existence of a relationship between Janela Digital and the Internet page proprietary in which the link is established, nor the acceptance and approval by Janela Digital of its contents or services.
5. RESPONSABILITY OF JANELA DIGITAL
The Casa.Sapo Portal was created in good faith by Janela Digital, with information from internal and external sources, and it is made available to the visitors in its current status, which means that it might have errors.
Janela Digital will only be responsible for damages that the User might suffer as a consequence of the Portal use and when such damages can be imputable to Janela Digital as the result of a fraudulent action.
Janela Digital is not responsible for damages of any kind, that might result, including but not limited, from:
(i) Interferences, omissions, interruptions, computer virus, telephone damages and/or disconnections of the electronic operational system, in the contents and/or Portal Services or in Services provided by a third party, originated due to reasons unknown to Janela Digital; and that might determine the lack of availability or the continuity in the Portal or the Services functioning, or produce changes in the computer system, in electronic documents or in the Users files;
(ii) Delays or blockades in the use cause by deficiencies or overloads of Internet or in other electronic systems, more specifically, problems in the access to the Portal Internet pages or the Services that are associated to it;
(iii) Behaviour of a third party in face of illegal intromissions, outside the Portal control and that are not imputable to Janela Digital, including intromissions provoked by the knowledge that a third party might have about the conditions, features and circumstances of the use that Users make of the Portal and respective Services;
(iv) Divergences of information, documentation and/or other contents of the Portal and the Services, that might exist between the electronic version and the printed version, and in this sense, fraud of the utility expectations that the Users might have attributed to the Portal and the Services;
(v) Lack of truth, completion, actuality and precision of the contents, data or information of any nature, including those relating to promotions, products or services, prices, features and any other relevant data and information, relating to products and services offered via the Portal by third party suppliers of products or services, nor what concerns the contents, data or information that are made available from the Internet pages of the aforementioned third party;
(vi) Transmission, diffusion, storage, availability, reception, attainment or access to the contents;
(vii) Possible errors or security deficiencies that might originate from the use, by the User, of a browser of an old or unsafe version, as well as by the activation of passwords conservation or identification codes of the user in the browser, or by damages, errors or inaccuracies that might result from the bad functioning of it;
(viii) Functioning, availability and accessibility of the Sites to which is sent via the links, information continuity, existing contents and services in those Sites, quality, legality, reliability and utility of the existing information, contents and services in those sites.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents in this Portal (including but not limited to, texts, graphs, logos, icons, databases, images, text archives, audio, video and software) are property of Janela Digital, entities of the Group to which Janela Digital belongs to, of the clients or suppliers or of the content suppliers, and are protected by the national and international laws of the intellectual and industrial property.
The compilation (hereinafter understood as recompilation, ordinance and assembly) of all the Site’s content which is exclusive property of Janela Digital and it is protected by the national and international laws of the intellectual and industrial property. All the software used in the Portal is property of Janela Digital, entities of the Group to which Janela Digital belongs to or of its software suppliers and it is protected by the national and international laws of the intellectual and industrial properties.
The reproduction, changes, copy, use, distribution, sale, public communication or any other use of the information contained in the Portal (including its own layout, configuration and manner of Site’s presentation) which takes place without the Express consent of Janela Digital, it will be seen as a serious infraction of the current law in what concerns the intellectual property.
In one hand, in any case it shall be understood that it is granted a license or it is renounced, transmit or yields, totally or partially, the aforementioned rights, without the previous express consent of Janela Digital and its respective representatives.
On the other hand, in any case it shall be understood that any right is conferred, especially, any right of changing, exploitation, reproduction, distribution or public communication about the mentioned contents without a previous express consent of Janela Digital and its respective representatives.
7. PERSONAL DATA
Janela Digital informs that it will send to the User’s computer’s hard disc files, "Cookies", which will register the User’s actions on the visited page, in order to collect information regarding the number of Users and about the most sought after areas, as well as the consume habits of the User. The Users will be able to configure their computer so this will reject the installation of the aforementioned "Cookies". Janela Digital will not use any information collection technology for recovering existing information in the User’s computer.
9. LINKS TO THIRD PARTY SITES
10. COPYRIGHT OF MATERIAL AND SOFTWARE
All the information, contents, software and materials included in the Portal and/or in the Services are protected by the copyright and intellectual and industrial laws and other property rights. Users cannot copy or distribute these materials without the express of consent of the proprietary of those rights. However, the users can use these materials for personal use, as long as they do not change the materials and do not erase the information about the author rights and other applicable property rights, assuming all the responsibility for the use and storage of information received by one.
11. SYSTEMS ATTACKS
The Users cannot, even if it is a mere attempt, attack Janela Digital’s network or systems or other networks and systems, by means that include, among others, mail bombing, hacking, attainment of root access, tsunami, flood bots, nuke, flash, packet sniffers and flood pings or other types of activity that provoke any kind of damages to Janela Digital or to a third party.
12. DURATION AND CESSATION
The supply of the Portal service and other services will have, in principle, an undetermined duration or that which can be found in the particular conditions of each service. Janela Digital reserves the right to, at any time; suspend the supply of the Portal service or any other services, without any other losses besides those established in the particular conditions of each Service. Whenever it is possible Janela Digital will notify the cessation or suspension of the supply of the Portal service and of other services.