Terms and conditions
EBANKIT-OMNICHANNEL INNOVATION, S.A. (hereafter EBANKIT), with headquarters at Rua José Falcão, 133, 4050-317 Porto (PORTUGAL) and VAT 510.857.639 is a Portuguese provider of Omnichannel Banking solutions, namely, Internet Banking, Mobile Banking, Wearable Technology Apps, Kiosks, Front-end; Social Banking and integration with social networks.
EBANKIT owns website (hereafter, WEBSITE) in www.ebankit.com, which, among other purposes, is aimed to promote EBANKIT’s products and software solutions.
1. GENERAL CONDITIONS.
1.1. BY USING THE WEBSITE OR ANY SERVICES MAKE AVAILABLE BY EBANKIT ON ITS WEBSITE, REGARDLESS OF THE TYPE OF RELATIONSHIP YOU HAVE WITH EBANKIT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL AND SPECIFIC CONDITIONS, AS OTHER POLICIES PRESENT IN EBANKIT WEBSITE AND/OR SERVICES.
1.2. If you do not want to be bound by these Terms and Conditions, you should not access the WEBSITE and/or use its functionalities and associated services.
1.3. You accept that THESE TERMS AND CONDITIONS APPLY TO ALL WEBSITE USERS, INCLUDING, WITHOUT LIMITATION, VISITORS, SUPPLIERS, CUSTOMERS, AND OTHERS NOT SPECIFICALLY IDENTIFIED.
1.4. In this Terms and Conditions, any use of the words "you", "yours" or similar expressions shall mean any user of our WEBSITE. Terms such as "we", "us, "our" or similar expressions shall mean EBANKIT-OMNICHANNEL INNOVATION, S.A..
2.1. By agreeing to these Terms and Conditions you declare that you are of legal age, according to your personal law, and you are able to give consent and be bound with EBANKIT Terms and Conditions.
2.2. If you are not of legal age, you have to obtain parental or guardian consent to enter into this Agreement.
2.3. You accept that EBANKIT reserves the right to refuse the access to the WEBSITE and/or any services related to for any reason at any time.
2.4. You accept and recognize that EBANKIT can update, modify or replace any part of these Terms and Conditions including any additional and specific conditions, as other policies present in EBANKIT WEBSITE and/or services, announcing it in the WEBSITE, being your responsibility to periodically check the occurrence of any changes.
2.6. You acknowledge and accept that if you breach or violate these Terms and Conditions and any additional and specific conditions, as determined in the sole discretion of EBANKIT, such breach or violation will result in an immediate termination of your access to the WEBSITE and/or services.
3.1. You may need to register to use part(s) of the WEBSITE.
3.2. We may reject, or require that you change, any user name, password, or other information that you provide to us in registering.
3.3. Your user name and password are for your exclusive personal use only, and you are responsible for any use of your user name and password.
3.4. You agree to promptly notify us in case of any unauthorized use or confidentiality breach of your user name and password, or your WEBSITE account.
5. DESCRIPTION OF THE SERVICES.
5.1. We provide users of the WEBSITE with access to general information and services about us, including without limitation:
(a) information such as newsletters, event details, videos, photos, text, data, and other similar content; and
(b) services such as event registration, subscription management, video players, and links to third-party websites.
6. RULES OF CONDUCT.
6.1. While using the Site you will comply with all applicable laws, rules, and regulations. In addition, you agree to not:
(a) Breach or circumvent any laws, third party rights or our policies;
(b) Post false, inaccurate, misleading, defamatory, or libelous, unlawful, offensive, threatening, pornographic, obscene or otherwise objectionable content;
(c) Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
(d) Distribute viruses or any other malwares;
(e) Use any robot, spider, scraper or other automated means for any purpose or to harvest or otherwise collect information about users, such as email addresses, without their consent;
(f) Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, including, EBANKIT customers or its employees, members and/or officers.
(g) Copy, modify or distribute rights or content from the WEBSITE.
7. YOUR CONTENTS.
7.1. Contents that you submit using the WEBSITE are your responsibility, and EBANKIT does not make any claim to it.
7.2. You grant EBANKIT a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content for any business purpose related with EBANKIT business activities, namely, promotional purposes, in any formats and through any channels, including across any third-party website or advertising medium.
7.3. EBANKIT has great respect for intellectual property rights, and it is committed to promote. If content has been submitted without permission and the owner of such content wants it removed, such request must be submitted through a written request to [email].
7.4. EBANKIT does not pre-screen your Content. Notwithstanding, you recognize and accept that EBANKIT has the right (but not the obligation) in its sole discretion to refuse or remove any Content that you Submit.
8. INTELLECTUAL PROPERTY.
8.1. We and our respective licensors and suppliers own the information and materials made available through the WEBSITE, and such information and materials may be protected by copyright, trademark, patent, and/or other proprietary rights and laws.
8.2. You will not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the WEBSITE or any information or materials made available through the Site.
8.3. You cannot reverse engineer or attempt to obtain the source code of the WEBSITE.
8.4. All trademarks marks on the WEBSITE not owned by us are the property of their respective owners.
8.5. You may not use our trademarks marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.
8.6. Nothing contained on the WEBSITE should be construed as granting any license or right to use any trademarks marks without express prior written consent of the owner.
8.7. UNAUTHORIZED USE OF ANY S information and materials made available through the WEBSITE, WILL BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
9. THIRD PARTY SERVICES.
9.1. You understand that EBANKIT uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the WEBSITE and the services provided and/or promoted.
9.2. Notwithstanding, when you access third-party services, YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
9.3. Additionally, we may provide tools (such as social media tools) to allow you to link to the Site directly from a third-party site; in such situations you will disable and remove any such link promptly upon our request.
9.4. Also, the WEBSITE may provide links to other websites and online resources. You understand that we are not responsible for such external sites or resources.
9.5. EBANKIT doesn't control such links or services, and you will be bound by the terms of such links or services.
10. LIMITATION OF LIABILITY.
10.1. THE WEBSITE AND ALL GOODS, SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE WEBSITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE WEBSITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE.
10.2. WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE WEBSITE.
10.3. While we try to maintain the security of the WEBSITE, we do not guarantee that the use of WEBSITE:
(a) will be secure; or
(b) will be uninterrupted; or
(c) will be timely; or
(d) will be error-free.
11.1. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold EBANKIT (including any of our employees) harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of your use of, or activities in connection with, the WEBSITE or any violation of this Agreement done, either intentionally or negligent.
11.2. You accept that EBANKIT reserves the right to control its defense however it decides and you agree to fully cooperate with EBANKIT on such defense if necessary and required to.
12. WAIVER. COMPLETE AGREEMENT.
12.1. The failure of EBANKIT to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
12.2. These Terms and Conditions are the entire agreement between you and EBANKIT, superseding any existing prior agreements.
13.1. EBANKIT may terminate this agreement immediately in case of any violation.
13.2. We shall not be liable for any termination of your access to the WEBSITE or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination.
14. GOVERNING LAW. DISPUTE RESOLUTION.
14.1. You hereby agree that this Agreement and any claim or dispute arising in connection with this Agreement or your use of the WEBSITE is governed by and shall be construed in accordance with the laws of Portugal, without regard to its principles of conflicts of law.
14.2. In case of any dispute that cannot be settled amicable, you consent to the exclusive jurisdiction of the courts located in Oporto (Portugal), waiving any jurisdictional, venue, or inconvenient forum objections thereto.
15.1. This Agreement does not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us.
15.2. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision.
15.3. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.
15.4. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
16. CONTACT DETAILS.
16.1. If you have any questions about these Terms and Conditions, please email us at email@example.com.
17. LAST REVIEW.
17.1. 4th of August, 2017. OPORTO (PORTUGAL)