II. Description of the “Magnet - Social Network Analysis” Website
- The features in paragraphs 1(ii) and 1(iii) are only provided to Clients duly subscribed/logged in to the Website, and their use is contingent on the Client’s user profile.
- The services available on the Website may be supplied and/or provided (i) by CLEVERNET, in its own name, (ii) by CLEVERNET’s agents or (iii) by CLEVERNET’s suppliers or partners.
III. Subscription and Access to the “Magnet - Social Network Analysis” Website
- When subscribing to the Website, Client must provide the information requested in the subscription form.
- Client undertakes full responsibility for the information provided when subscribing to the Website being truthful, accurate, up-to-date and authentic.
- For the purpose of CLEVERNET verifying the legitimacy of the natural person carrying out the Client’s subscription to the Website, CLEVERNET may confirm with Client the validity of the subscription by the natural person who commenced it and/or request delivery of documents in electronic format evidencing their legitimacy. CLEVERNET may reject the registration if the legitimacy of the natural person who made the registration is not confirmed and/or validated.
- Upon completion of the subscription procedure Client may change the Password initially provided by CLEVERNET (through the "Change Personal Information" feature on the Website) to guarantee access legitimacy and confidentiality.
- The subscription procedure shall be confirmed by CLEVERNET, who shall send Client the information necessary to activate their Account and complete the subscription procedure by e-mail.
- Both the Username and Password are personal, non-transferable, and for the Client’s sole use. Client is under a duty to guarantee and protect, under all circumstances, their confidentiality and security, notably by not disclosing them to third parties and not operating in conditions allowing for them to be decrypted or copied. To this end, Client must notably ensure that the terminal equipment used for accessing and using the Website is properly protected against malware. Client is also solely responsible for all activities in or through their account, using Username and Password, and agrees to immediately notify CLEVERNET of any security breach in the Account.
- CLEVERNET shall not be liable for any loss or damage caused by the misuse of the codes referred to in the preceding paragraphs that is not directly attributable to its willful misconduct or gross negligence.
- Any use of the Website by third parties using the codes provided by CLEVERNET to Client, with or without the latter’s permission, will be deemed to have been made by the Client, save in case of evidence to the contrary.
- CLEVERNET reserves the right to restrict or limit access to the Website or part of it due to technical, commercial or strategic constraints.
- Client expressly acknowledges and accepts that the IP (Internet Protocol) Network is a public electronic communications network that can be used by several clients and/or users and is, as such, liable to overload. Therefore, CLEVERNET does not guarantee access to the Website without interruptions, information loss or delays.
- CLEVERNET also does not guarantee access to the Website in the event of unforeseeable overload of its supporting systems or force majeure (events of an unusual or unpredictable nature beyond CLEVERNET's control).
- In case of interruption of access to the Website due to unforeseeable system overload, CLEVERNET undertakes to bring it back to normal working order as soon as possible.
IV. Conditions of Use
- Operations available on the Website must be carried out by users aged eighteen (18) or over. Underage children must have their legal representatives' permission.
- The details, information, instructions and orders given by the Client over the Website have full legal effect and the CLEVERNET Client acknowledges that electronic acquisitions and other operations are binding and cannot allege a lack of signature to justify defaulting on the obligations it has undertaken.
- Client undertakes not to use the Website in a way that causes or may cause interruption to the Website's availability or damage to its normal operation. Client further undertakes to comply with all legal provisions applicable to the Website’s use, notably not to carry out or cause to be carried out any unlawful or morally offensive actions, as well as to comply with the specific use rules applicable to the operations available in the Website.
- The Client further undertakes not to allow the use of the Website for the direct or indirect benefit (commercial or other) of third parties without CLEVERNET’s prior written authorization.
- Should the Client provide wrong, outdated, incomplete or false information, CLEVERNET is entitled to: (i) Suspend or cancel access to the area of the Website requiring log-in; (ii) Cancel the supply of any other products or services made available over the Website or another platform associated to the Website by CLEVERNET to the same Client at the same time; (iii) Not permit Client’s access in the future to one or more products or services CLEVERNET makes available on the Website.
- Client undertakes to use the Website responsibly and with due care.
- For security reasons, Client’s operations are subject to CLEVERNET ’s agreement.
- Whenever the Client submits a request over the Website and it is subject to a time limit, this time limit will start running as from the date when CLEVERNET accepts the request, irrespective of any contracts and time limits Client may have agreed with CLEVERNET.
V. Subscription to Services
- Through Magnet - Social Network Analysis, Client may subscribe to or state the intention to subscribe to services made available on it, to which prices apply.
- Any subscription by the Client on the Website is considered as a purchase offer by CLEVERNET and is, therefore, subject to the latter’s agreement. Upon CLEVERNET’s agreement, Client shall receive a message at the contacts provided containing the information relating to the subscription request.
- Subscription requests for services submitted by the Client over the Website constitute its agreement and intent to be bound by and pay for the products and/or services. The Client’s agreement and intent to be bound to the subscriptions apply to all subscriptions for all transactions submitted over the Website, including notices of cancellation, policies, contracts and forms. So that Client may access and maintain its electronic records, it may be requested to have particular hardware and software, which shall be its sole responsibility.
- In the context of subscription to services, CLEVERNET is selling Client a license to use the software and/or hardware products made available over the Website. Products and services developed and licensed by CLEVERNET (“CLEVERNET Products and Services”).
- The terms of the license for each service are comprised in the applicable contractual conditions that will be notified to Client within the scope of subscription to each service.
- Client acknowledges that subscription to services may require use of other products or services not made available on the Website or by CLEVERNET.
- Client expressly acknowledges and agrees that the license it acquires with respect to each product and service made available on the Website constitutes a binding agreement between Client and CLEVERNET.
- CLEVERNET reserves the right to remove, vary and add, at any time, products and services on the Website.
- Client undertakes to pay the price for the products and/or services it subscribes to through the Website, or belonging to a CLERVERNET customer Data Base.
- The prices are set in Euro(€), and Value Added Tax rates may apply, according to the Portuguese Law.
VI. Consultation and management of the Portfolio
VII. Intellectual Property
- Client may consult and/or manage the services contracted from CLEVERNET in the area of the Website that requires log-in.
- Only services marked as “Active” may be managed.
- The Website is a registered site and the services it provides are CLEVERNET’s responsibility.
- Client acknowledges that the Website contains confidential information and is protected under copyright and neighboring rights, industrial property rights and any other applicable legislation.
- Client acknowledges that the contents of any advertising, feature or promotion, or mention of any sponsor or advertiser, is protected under the laws on copyright and neighboring rights, laws on industrial property and other laws on the protection of property. Any use of those contents may therefore only take place with the express authorization of the owners.
- Client undertakes to fully comply with the rights set out in the preceding paragraphs, notably to refrain from any actions that might breach the law or those rights, such as reproducing, marketing or transferring the contents or making them available to the public, or from any other unauthorized actions with regard to the contents.
- The extraction and/or systematic use of part or of all the contents in the Website without CLEVERNET’s prior express authorization are expressly prohibited. In particular, any form of data mining or use of other tools and/or instruments for collecting and extracting data for reuse of parts of the Website without CLEVERNET’s prior express authorization is forbidden. The Client is also not allowed to create and/or publish databases containing information on the Website (e.g., prices and listings of products and/or services) without CLEVERNET’s prior express authorization.
- CLEVERNET is entitled to alter the contents and settings of the Website at any time, without need for prior notice.
VIII. Suspension of access to Website
- Suspension or termination of access to the Website by CLEVERNET, under the preceding paragraph and Article XII does not entitle the Client or any third parties to any indemnity or other compensation, and CLEVERNET cannot be held liable or in any way charged for any consequences deriving from suspension, preclusion or cancellation of access to the Website.
- CLEVERNET may further and on occasion temporarily restrict or suspend access to the Website – in whole or in part (and, eventually, to other technical platforms associated with and/or underlying the Website), - for purposes of maintenance and repair or introduction of features, products and services, in which case the temporary restriction or suspension shall be limited to such period as is strictly necessary to perform the aforementioned actions.
- CLEVERNET shall reasonably endeavor to protect the Client’s information comprised in the infrastructures available in the Website, including with regard to fraudulent use.
X. Clarifications and Claims
- 1. Without prejudice to the feature available on the Website that enables the Client to request CLEVERNET to contact it over the phone for purposes of requesting clarifications, all claims relating to the operation of the Website must be submitted to CLEVERNET, within fifteen (15) days of the date when Client becomes aware of the fact underlying the claim and the claim must be addressed to the contacts in the following paragraph.
- 2. The Website provides the following contacts for contact, clarification or claim purposes:
- Customer Service, Telephone + 351 213 580 023 (Monday to Friday, 9h to 18h);
- Clients Service E-mail magnet.sales[at]clevernet.pt;
- For letters, No. 43F 4ºA, Rua Santa Marta, 1150-293 Lisboa
The Website is made available for an indefinite period, which may terminate by means of communication and/or notification through electronic means at least fifteen (15) days prior to the date of termination.
XIII. Data Protection
- The data identified in the Website’s subscription process as mandatory are essential for CLEVERNET providing the Website. Any omission or inaccuracy in the data provided by the Client is the latter’s sole liability and may entail denial of access to and use of the Website.
- The personal data provided shall be processed and stored electronically and are intended to be used by CLEVERNET within the scope of its contractual and/or commercial relationship with the Client, for the marketing of equipment and services of CLEVERNET.
- In the terms set forth in the subscription procedure, data provided by the Client cannot be disclosed to third parties for the purpose of marketing the equipment and services, through any means.
- The Website uses a secure channel, where the digital data are encrypted during transfer and guarantees and ensures that the information sent is not accessed by third parties. However, the Internet is an open network and therefore personal data, any other personal information and all contents in the Website may circulate the web without any security conditions and there is also the risk that it may be accessed and used by unauthorized third parties, in which case CLEVERNET cannot be held liable for such access and/or use.
- Within the scope of use of Magnet - Social Network Analysis Services, the Client, ending the period of time agreed for the services, according to these Terms, can delete all data collected from social networks accounts part of the contract agreed in this Terms. If the Client did not erase the data collected, CLEVERNET, will do the erasing operation of the data, within 30 (thirty) days after the ending of the period of time agreed for the services.
XIV. Governing Law
All matters not set out in these Terms and Conditions shall be governed by Portuguese law.