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    General Conditions

    1. GENERAL TERMS OF SERVICE AND ACCEPTANCE

    The following general terms of service, known as “Terms of Service”, regulate the use of the Internet service https://kamicasa.pt, known as “Portal”, made available to all users through the Internet.

    The use of the Portal confers the user the status of user of the Portal, known as “User” and expresses full and unreserved acceptance by the User, when accessing the Portal, of each and every one of the Terms of Service published here.

    The use of certain services offered to Users through the Portal, known as “Services”, is subject to special terms of service, which, being accessible through each of the services, replace, complete and / or modify the present Terms of Service. Before using the above services, the User must read and agree to the corresponding particular conditions of use.

     

    2. OBJECT

    The Portal provides Users with access and use of various services and content, which are made available to Users by the same or by third-party users of the Portal and / or third party providers of services and / or content.

    The Portal reserves the right to unilaterally modify, at any time and without prior notice, the Portal’s layout and configuration, as well as the Services and conditions required for its use. The Portal will notify the User of any changes that may occur, using any public area of Portal for this purpose.

     

    3. CONDITIONS OF ACCESS TO SERVICES

    3.1 Access to services

    The provision of the Portal is free of charge, requiring no registration by the User.

     

    3.2 User registration

    Some services available in the Portal are reserved for registered users, by filling in a form, in order to identify the User.

    By creating an account in the personal area of the Portal, the user expressly authorizes the Portal 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 purposes, by using e-mail, phone contact or text message service.

    The Portal guarantees that all users have the right to access, rectify, cancel and oppose their data. If you wish, at any time, to stop being part of our database, you can exercise this right by canceling the subscription.

     

    4. CONDITIONS OF USE OF THE SERVICE

    4.1. Obligation to make correct use of the Portal and Services

    The User undertakes to use the Portal and the Services in accordance with the law, with these Terms of Service and with the generally accepted moral principles and good customs.

    The User undertakes, in particular, to refrain from using the Portal and the Services for unlawful purposes or effects, contrary to what is established in these Terms of Service, damaging the rights and interests of third parties or that in any way may damage, render useless, overburden or deteriorate the Portal or the Services or prevent the normal use of the Portal and the Services by the Users.

    In particular, and with regard to the free publication of property ads on the portal, this is only allowed to a user who owns the property.

     

    4.2. Means of obtaining Content

    The User must refrain from obtaining and trying to obtain information, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any type of material accessible through the Portal or the Services, using for this purpose means or procedures other than those made available by the Portal for this purpose or indicated on the web pages where the Contents are located or, in general, those that are usually used on the Internet for this purpose (whenever that do not imply a risk of damage or unusability of the Portal, Services and / or Content).

     

    4.3. Correct use of Contents

    The User undertakes to use the Contents in a diligent, correct and lawful manner, committing, namely, to abstain from:

    Perform or attempt to perform illegal activities that violate the rights of the Portal, its Users, other Internet users or any third party not previously discriminated above;

    Practicing continued and persistent acts of provocation directed at third parties, having been requested to interrupt them, by the targets of the acts or by the Portal;

    Use or try to use an identity other than your own, impersonate or attempt to impersonate someone or any entity including, namely, a person responsible for the Portal, guide or receive third parties as if it were a host or falsely provide information about ties or links with third parties;

    Make available, transmit, send, produce or reproduce any content that you do not have the right to use (including, without excluding any others, confidential information obtained depending on your position or job);

    Make available, transmit, send, produce or reproduce any content that infringes any patent, trademark, industrial secret registration, or any type of copyright of any person, entity or institution;

    Make available, transmit, send, produce or reproduce any unsolicited content including, without exclusion of any others, promotional material, "junk mail", "spamming", "chain letters", "pyramid schemes";

    Make available, transmit, send, produce or reproduce, purposefully or accidentally, any material that contains software viruses or any other computer code, files or programs whose objective, even if not achieved, is to interrupt, destroy or limit the functionality of any computer or computer system (hardware or software) or telecommunications equipment;

    Collect, store, make available, transmit, send, produce or reproduce, in any format, personal information of third parties;

    Promote, provide, make available, transmit, send, produce or reproduce instructional material on illegal activities; This includes, without excluding any others, providing information on building bombs, grenades and making floppy bombs;

    Promote any aggression, including, without excluding any others, physical and emotional aggression against any group or individual, or any act of cruelty to animals.

    Publish real estate ads whose photographs infringe any privacy, publicity or brand rights, namely containing logos identifying companies, brands or services that are or are not owned by the Client;

    Publish real estate advertisements in which the space for the publication of photographs, plans, drawings or videos of the respective properties, is occupied by any advertising messages and / or logos, brands and services or graphic alterations to photographs;

    Make an abusive use or undue of the free publishing feature of property ads, designated but not exclusively, when it is not the property owner.

    The activities described above are absolutely and completely prohibited to the User and constitute a reason for immediate suspension or cessation, partial or permanent, temporary or permanent, of the use of the Portal, as well as, in cases where applicable, for the elimination of any records or files, corresponding to the respective User, without any prior notice and with immediate effect.

    4.4. Links

    Users and, in general, people who propose to establish a link that allows access to the Portal web pages and the respective Services from their web page, known as "Link", must comply with the following conditions:

    the Link will only allow access to the Portal's web pages but will not be able to reproduce them in any way;

    Links to the Portal or Services homepage will only be allowed;

    a browser or a “border environment” will not be created on the Portal's web pages;

    no false, inaccurate or incorrect statements or information will be produced on the Portal and Services web pages, nor will it be declared or implied that the Portal authorized the Link or that it supervised or assumed in any way the contents or services offered or posted available to the website where the Link is established;

    with the exception of those signs that are part of the same Link, the web page that includes the Link, will not contain any brand, commercial name, establishment label, name, logo, slogan or other distinctive signs belonging to the Portal;

    the website on which the Link is established will not contain illegal information or content, contrary to generally accepted morals and good customs and public order, and will not contain content contrary to the rights of third parties.

    The establishment of Links does not in any case imply the existence of relations between the Portal and the owner of the web page on which the link is established, nor the acceptance and approval of the Portal of its contents or services.

     

    5. Kamicasa'S RESPONSIBILITY

    The Portal was developed in good faith, with information from internal and external sources, and is made available to Visitors “as is”, which may contain inaccuracies or errors.The portal commits itself to develop all technical, administrative and legal efforts and diligences in order to ensure that users do the correct use of the service, fulfilling legal rules as well as the general conditions of use stated here.

    The Portal is only responsible for damages that the User may suffer as a result of using the Portal when such damages may be attributable to it as a result of its intentional performance.

    The Portal is not responsible for damages or losses of any nature that may result, with a purely enunciative and non-limiting character, from:

    Information provided by users, in any disagreement with reality or legislation in force;

    Interferences, omissions, interruptions, computer viruses, telephone malfunctions and / or disconnections of the electronic system's operational functioning, in the contents and / or Services of the Portal or in Services provided by third parties, motivated by causes beyond the Portal, and which may determine the lack of availability or continuity in the functioning of the Portal or Services, or produce changes in the computer system, electronic documents or files of the Users;

    Delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems, namely, failures in accessing the web pages of the Portal or the Services associated with it;

    Performance by third parties through unlawful interference outside the control of the Portal and which are not attributable to it, including interference caused by the knowledge that unauthorized third parties may have of the conditions, characteristics and circumstances of the use that the Users make of the Portal and the respective Services;

    Discrepancies in information, documentation and / or other content of the Portal and Services, which may exist between the electronic version and the printed version, as well as defrauding the expectation of usefulness that the Users could have attributed to the Portal and to the Services;

    Lack of veracity, completeness, timeliness and accuracy of the contents, data or information of any nature, including those relating to offers, products or services, prices, characteristics and any other relevant data and information, relating to products and services offered through the portal by third parties providing products or services, or regarding the content, data or information that is provided from the websites of those third parties;

    Transmission, dissemination, storage, availability, reception, obtaining or access to the contents;

    Possible security errors or deficiencies that may arise from the user's use of an outdated or unsafe version of a browser, as well as the activation of password retention devices or user identification codes in the browser , or for damages, errors or inaccuracies that may result from its malfunction;

    Operation, availability and accessibility of the Sites to which you refer through links, continuity of information, content and services existing on these sites, quality, legality, reliability and usefulness of the information, content and services existing on these sites;

    Failure to receive contacts, requests or other communications sent to the user and not received at the email address indicated by the user for that purpose;

    Users do not obtain any contacts to carry out the desired transaction, nor due to its failure.

     

    6. FRAUDS AND SCAMS

    The increase in the volume of purchases made over the internet has been accompanied by an increase in the number of fraudulent schemes used by cybercriminals to deceive users.

    Kamicasa warns all users of this growing fraudulent activity, mostly generated through the insertion of online ads, in the real estate industry, as fake rental properties.

    Although the Portal follows all good market practices, there is no way to guarantee the authenticity of the advertiser.

    It is recommended never to provide personal data or transfer monetary values in the form of a deposit, guarantee or advance, without first making sure that the professional is properly identified.

    What is the most common fraud?

    Among the various scams that can be committed, the most common is a request for a guarantee deposit to reserve or visit the property for rent, usually with the combination of characteristics that are out of the "normal" in the market, which should make you suspicious :

    Dream house;

    Very competitive price, with lower market value;

    Good location;

    Strange Portuguese text with unnatural expressions;

    Advertiser response in language other than the ad;

    What makes these scams successful is the fact that they seem to meet the wishes or needs of the recipients. However, if it looks too good, you should always be suspicious to avoid unpleasant situations.

    Here are some tips and special precautions to be taken in this type of online purchase situation, provided by the Banking Customer Portal | Bank of Portugal and the Judiciary Police.

    If you suspect that this is a fraudulent advertisement, you should report it to our support department here.

     

    7. INTELLECTUAL AND INDUSTRIAL PROPERTY

    All the contents of this Portal (including, without limitation, texts, graphics, logos, icons, databases, images, text files, audio, video and software) are the property of Portal, customers, suppliers or service providers. contents, and are protected by national and international industrial and intellectual property standards.

    The compilation (the collection, sorting and assembly being understood as such) of the entire content of the Portal is its exclusive property and is protected by national and international industrial and intellectual property standards. All software used on the Portal is its own property or its software providers and is protected by national and international industrial and intellectual property laws.

    The reproduction, alteration, copy, use, distribution, commercialization, public communication or any other use of the information contained in the Portal (including its own design, configuration and form of presentation of the website) that takes place without authorization, constitutes an infraction. current legislation on intellectual property.

    In no case shall it be understood that a license is granted or waived, transmitted or transferred, in whole or in part, of the aforementioned rights, without the prior express authorization of the Portal or its respective owners.

    On the other hand, in no case should it be understood that any right is conferred, and, in particular, no right to alter, exploit, reproduce, distribute or publicly communicate on said contents without the prior express authorization of the Portal or its respective owners.

     

    8. PERSONAL DATA

    In order to use some of the Services, Users are asked to provide the Portal in advance with personal data ("Personal Data"). Personal Data will be treated for the purposes set out in the Particular Conditions of Use for each Service and under the terms described in the respective Privacy Policy.

     

    9. DISCLOSURE OF PERSONAL DATA BY THIRD PARTIES

    The user authorizes, from now on, the Portal to disclose their personal data to partners. In this case, the Portal will have no liability to the user for the way its partners will use the users' personal data. The Portal undertakes to provide Users with the identification of their partners whenever requested by the User.

     

    10. COOKIES

    The Portal informs that it will send files, "Cookies" to the user's computer hard drive, which will record the User's activities on the page visited, to collect information on the number of Users and the most sought-after areas, as well as habits consumption of the User. Users can configure their computer so that it rejects the installation of the aforementioned "Cookies". The Portal will not use any information collection technology to retrieve information existing in the User's computer equipment.

     

    11. LINKS TO THIRD PARTY SITES

    The Portal provides links to third party sites that may be of interest to Users. In this case, the Portal does not have any control or responsibility over the availability or content of these sites. It is the Users' responsibility to be aware of the privacy policy and the terms and conditions of use of third party sites.

     

    12. MATERIAL AND SOFTWARE COPYRIGHT

    All information, content, software and materials included in the Portal and / or the Services are protected by legislation on copyright and intellectual and industrial property and other property rights. Users may not copy or distribute these materials without the consent of the owner of those rights. Users can use these materials for personal use, as long as they do not modify the materials and do not eliminate information about copyright and other applicable property rights, assuming full responsibility for the use and storage of the information received.

     

    13. GOOGLE SERVICES

    The use by the User of Google or Facebook data, for the purpose of accessing the “Personal Area”, presupposes acceptance of Google's conditions at https://policies.google.com/terms or https://policies.google.com/privacy and Facebook at https://www.facebook.com/policies and https://www.facebook.com/privacy/explanation. At any time, you can consult and revoke the authorizations given to the Portal at https://security.google.com/settings/security/permissions or https://www.facebook.com/settings.

     

    14. SYSTEM ATTACKS

    Users may not, even if in a merely attempted way, attack the network or the Portal systems or third parties, by means that include, among others, mail bombing, hacking, root access, tsunami, flood bots, nuke, flash, packet sniffers and flood pings or other types of activities that cause any damage to the Portal or third parties.

     

    15. DURATION AND TERMINATION

    The provision of the Portal service and of the other Services will, in principle, have an indefinite duration, or that which is found in the particular conditions of each service. The Portal may terminate or suspend the provision of any Services, at any time, without prejudice to what has been established in the particular conditions of each Service. Whenever possible, the Portal will communicate the termination or suspension of the provision of the Portal service and other Services.

    16. APPLICABLE LAW AND JURISDICTION

    These Terms of Service are governed by Portuguese law.

    For the resolution of any conflicts arising from the provision of services object of these Terms of Service the jurisdiction of the district of Caldas da Rainha will be competent, with express waiver of any other.

     

    17. ALTERNATIVE DISPUTE RESOLUTION

    In the event of a dispute, the consumer may resort to an Alternative Dispute Resolution Entity:

    Lisbon Consumer Dispute Arbitration Center
    http://www.centroarbitragemlisboa.pt/

    Vale do Ave Consumer Dispute Arbitration Center / Arbitration Court
    http://www.triave.pt/

    CIAB – Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court)
    http://www.ciab.pt/pt/

    CNIACC – National Center for Information and Arbitration of Consumer Conflicts
    https://www.cniacc.pt/

    Coimbra District Consumer Dispute Arbitration Center
    http://www.centrodearbitragemdecoimbra.com

    Algarve Consumer Dispute Information, Mediation and Arbitration Center
    http://www.consumoalgarve.pt

    Porto Consumer Information and Arbitration Center
    http://www.cicap.pt

    More information on the Consumer Portal
    http://www.consumidor.pt

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