TERMS AND CONDITIONS
1. Acceptance of Terms and Conditions
Welcome to Container98 Unipessoal Lda (“we,” “our,” or “us”). By using our website, you accept these terms and conditions. If you do not agree to these terms and conditions, please do not use our services or contact us by email to info@container98.com.
2. Introduction
You may access most areas of our website at https://www.container98.com (“Website”) without registering your details with us. Certain areas of the Website may only be available to you if you register.
By accessing any part of the Website, you shall be deemed to have accepted these terms and conditions in full. If you do not accept these terms and conditions in full, you must leave the Website immediately.
Our Privacy Notice also applies to your use of the Website, and you should read this in full before using the Website.
Container98 may revise these terms and conditions at any time by updating this posting. You should check the Website from time to time to review the then current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages on the Website. You should take care to read such supplemental notices when applicable.
3. License
You are permitted to print and download extracts from the Website for your own use on the following basis:– No documents or related graphics on the Website are modified in any way.– No graphics on the Website are used separately from the corresponding text.– Container98’s copyright and trademark notices and this permission notice appear in all copies.
In particular, but without limitation, you must not use any part of the materials on the Website for commercial purposes without obtaining a license to do so from us and/or our licensors.
Container98 is an independent entity. We may use the logos and trademarks of certain brands on this website/marketing materials for informational purposes. Please note that the appearance of these logos and trademarks does not imply any endorsement, sponsorship, or association with Container98. All trademarks and logos remain the property of their respective owners.
All the images and videos used on this Website/marketing materials have been sourced from open-source platforms and repositories or taken by our own marketing team. We acknowledge that some of these assets are subject to specific usage licenses and terms set forth by their respective creators, contributors, or hosting platforms. If you breach any of the terms in these terms and conditions, your permission to use the Website automatically terminates, and you must immediately destroy any downloaded or printed extracts from the Website.
No part of the Website/marketing materials may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without Container98’s prior written permission.
4. Service Access
While Container98 endeavors to ensure that the Website is normally available, we do not guarantee that the Website or any content on it will always be available or uninterrupted.
Access to the Website may be temporarily suspended without notice in the case of system failure, maintenance, repair, or for reasons beyond Container98’s control.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and conditions and comply with them.
If you register to use specific parts of the Website, you will ensure that you keep your account details and password secure and will not allow your account to be used by anyone else.
We have the right to disable any user password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms and conditions.
5. Visitor Material and Conduct
We process information about you in accordance with our Privacy Notice. By using the Website, you confirm that you have read and acknowledged the terms of our Privacy Notice and warrant that all data, including personal data, provided by you is accurate and up to date.
Other than personal data covered under our Privacy Notice, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. Container98 shall have no obligations with respect to such material. Save with respect to Content submitted to the Blog, Container98 and its designees shall be free to copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes on a royalty-free, worldwide basis.
You may only use the Website for lawful purposes. You may not use the Website:– In any way that breaches any applicable local, national, or international law or regulation in any country in the world.– In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.– To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
You are prohibited from posting, uploading, or transmitting to or from the Website any material that constitutes a breach of clause 5 or a breach of the Content Rules (see clause 6 below).
You shall not reproduce, duplicate, copy, or re-sell any part of the Website except as set out in clause 3.
You may not misuse the Website (including, without limitation, by hacking) and, in particular, you shall not:– Access without authority, interfere with, damage, or disrupt:– Any part of the Website.– Any equipment or network on which the Website is stored.– Any software used in the provision of the Website.– Introduce computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other material that is malicious or technologically harmful. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
Container98 shall fully cooperate with any law enforcement authorities or court order requesting or directing Container98 to disclose the identity or locate anyone posting any material in breach of all clause 5.
Breaches of the terms and conditions may result in the immediate permanent or temporary withdrawal of your right to use the Website, the immediate permanent or temporary removal of any material posted by you, and/or legal proceedings being brought against you.
6. Blog Content Rules
When you contribute any content to the Blog, whether by posting a Blog entry or commenting on a blog entry (collectively “Content”), you shall comply with the content rules set below.
The Content Rules must be complied with in spirit as well as to the letter. They apply to each part of any Content as well as to its whole.
Container98 will determine, in its sole discretion, whether any Content breaches the Content Rules.
All Content must:– Be accurate (where it states facts and proper statistics).– Be genuine (where it states opinions).– Comply with the law applicable in any country from which it is posted.Content must not:– Be defamatory of any person.– Be obscene, indecent, offensive, hateful, or inflammatory.– Bully, insult, intimidate, or humiliate.– Be pornographic or promote sexually explicit material.– Include child sexual abuse material.– Be menacing or promote violence.– Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.– Infringe any copyright, database right, trade mark, or other intellectual property right of any other person anywhere in the world.– Be scandalous, inflammatory, or blasphemous.– Incorporate any material that could be technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).– Be likely to deceive any person or to otherwise be considered as misrepresentation.– Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.– Promote any illegal activity.– Be in contempt of court.– Be threatening, abusive, invade another’s privacy, breach confidence, or cause annoyance, inconvenience, or needless anxiety.– Be likely to harass, upset, embarrass, alarm, or annoy any other person.– Impersonate any person or misrepresent your identity or affiliation with any person.– Give the impression that the Content emanates from Container98, if this is not the case.– Advocate, promote, incite any party to commit, or assist any unlawful or criminal act, such as (by way of example only) copyright infringement or computer misuse, or any act giving rise to civil liability.– Contain a statement that you know or believe or have reasonable grounds for believing that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism.– Contain any advertising or promote any services or web links to other sites.
You are responsible for obtaining any necessary licenses and approvals before submitting any Content to Container98, and you shall not submit any Content without such licenses and approvals.
You warrant that any Content that you contribute to the Blog complies with the Content Rules. If you are a business user, you shall fully indemnify us for any loss or damage we suffer as a result of your breach of this warranty.
Any Content you contribute to the Blog will be considered non-confidential and non-proprietary. You assign all intellectual property rights in the Content to Container98. To the extent you do not own any of the intellectual property rights in such Content, you agree to procure, on behalf of Container98 and users of the Website, a limited license to use, store, and copy that Content and to distribute and make it available to third parties.
Container98 has the right to disclose your identity to any third party who is claiming that any Content contributed by you to the Blog constitutes a violation of their intellectual property rights.
You are solely responsible for securing and backing up your Content.
7. Blog Content Review and Monitoring
Container98 will, at its option, review all new Content before it is posted to the Blog. The posting of any new Content to the Blog will be subject to Container98’s prior approval, which it may withhold at its absolute discretion.
Container98 may, from time to time, review and monitor existing Content posted to the Blog and reserves the right to take down any Content that it considers to be in breach of the Content Rules or which it otherwise considers, at its sole discretion, to be inappropriate or unsuitable for the Blog.
Container98 is under no obligation to oversee, monitor, or moderate any Content. The Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content. Container98 makes no representations, warranties, or guarantees, whether express or implied, that the Content is accurate, complete, or up to date.
The views expressed in the Content posted on the Blog do not necessarily represent the views and values of Container98. If you wish to complain about any Content, please contact us by email using the address set out at the top of these terms and conditions.
8. Links to and from Other Websites
Links to third-party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Container98 has not necessarily reviewed all of these third-party websites and does not control and is not responsible for these websites or their content or availability. Container98, therefore, does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:– You do not remove, distort, or otherwise alter the size or appearance of the Container98 logo.– You do not create a frame or any other browser or border environment around the Website.– You do not in any way imply that Container98 is endorsing or recommending any products or services other than its own.– You do not misrepresent your relationship with Container98 nor present any other false information about Container98.– You do not otherwise use any Container98 trademarks displayed on the Website without express written permission from Container98.– You do not link from a website that is not owned by you.– Your website does not contain content that is distasteful, offensive, or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
Container98 expressly reserves the right to revoke the right granted in all clause 8 for breach of these terms and to take any action it deems appropriate, including requiring the immediate de-linking of the Website.
If you are a business user, you shall fully indemnify Container98 for any loss or damage suffered by Container98 or any of its group companies for breach this clause.
9. Disclaimer
While Container98 endeavors to ensure that the information on the Website is correct, Container98 does not warrant the accuracy or completeness of the material on the Website. Container98 may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Container98 makes no commitment to update such material.
In particular, but without prejudice to the generality of clause 9, commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.
We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access the Website. You should use your own virus protection software.
10. Liability
Whether you are a consumer or a business user:
Nothing in these terms and conditions shall exclude or limit the liability of Container98 or any other person for:– Death or personal injury caused by negligence.– Fraud.– Misrepresentation as to a fundamental matter.– Any liability which cannot be excluded or limited under applicable law.
If you are a business user:
Subject to clause 10, Container98, its group companies, any other party (whether or not involved in creating, producing, maintaining, or delivering the Website), and each of their officers, directors, employees, shareholders, or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive, or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract, or otherwise) in connection with the Website in any way or in connection with the use, inability to use, or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
The material on the Website is provided “as is”, without any conditions, warranties, or other terms of any kind. Accordingly, to the maximum extent permitted by law, Container98 provides you with the Website on the basis that Container98 excludes all representations, warranties, conditions, and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose, and the use of reasonable care and skill) which, but for these terms and conditions, might have effect in relation to the Website.
If you are a consumer user:
Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and Container98 has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If defective digital content that Container98 has supplied damages a device or digital content belonging to you and this is caused by Container98’s failure to use reasonable care and skill, Container98 will neither repair the damage or pay you compensation.
11. Governing Law and Jurisdiction
If you are a consumer, please note that these terms and conditions, their subject matter, and their formation are governed by Portuguese law. You and we both agree to the non-exclusive jurisdiction of the courts of Portugal.
If you are a business, the Portuguese courts will have non-exclusive jurisdiction over any claim arising from or related to the use of the Website, although we retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country. These terms and conditions are governed by Portuguese law.
Last updated: 20/09/2023