Terms and conditions of use

1. Introduction

When using or visiting the website www.raclac.pt or any of the information, data files, written text, graphics, links, audio files or other sounds, photographs, videos or other images (together, “Contents”), resources and services, including newsletter (together, including the Contents, the “Services”) through it, you are, as a user or visitor of the same (“User”), agreeing with and accepting (i) these Terms and Conditions of Use (“Terms and Conditions”) and (ii) the Privacy Policy made available on the Website.

The website is owned by the company ARKA, Europe, S.A., headquartered at Rua da Ribela, 600, 4770-170 Cruz, legal person number 507 992 822, hereinafter referred to as “ARKA”.

Through the Website, ARKA allows the User to access its Services. The Services, including updates, developments, new tools and / or new web properties, are subject to these Terms and Conditions.

2. Responsibility of users

ARKA reserves the right to change these Terms and Conditions at any time, limiting itself to placing online changes on the Website, being the sole responsibility of the User to verify and compliance with them at each use. The use of the Website after the publication of changes establishes acceptance of the updated wording of the Terms and Conditions. If you do not agree with the changes made or, in general, with the updated Terms and Conditions, you must immediately stop using the Website and Services.

By accessing, using and downloading materials from the Website, the User agrees, on his/her behalf and/or on representation of the entity on behalf of whoever is acting, comply punctually with the provisions of these Terms and Conditions, guaranteeing to have powers to act on behalf of the third party it represents, if so as to prove necessary.

Access to the Services by any means other than through the interface provided by ARKA is expressly prohibited, as well as access (or attempted access) to the Website and/or the Services through automated means (including the use of scripts or web crawlers).

The use of the Website for purposes other than those for which the Website is intended, including illegal purposes or any other that could be considered harmful to the image of ARKA is expressly prohibited. Usurpation, counterfeiting, use of usurped or counterfeit content, illegitimate identification and unfair competition entails criminal and / or administrative offense. It is also forbidden for the User to create or introduce in this Website any type of virus or programs that damage or contaminate or advise others to do so.

2. ARKA's Rights and Obligations

1. modify, add or remove parts of the Terms and Conditions at all times;
2. modify or terminate the Services for any reason and without prior notice at all times;
3. modify, replace, refuse access to the Website and Services, suspend or discontinue them, partially or totally.

These changes will take effect as of their posting on the Website or the date of sending any communications.

3. Intellectual property

All information contained on the Website and Services and all data and information compiled by ARKA associated with it (such as data files, written text, software, music, audio files or other sounds, photographs, videos or other images) to which you have access as part of the Services or through your usage are considered ARKA content. The User is not allowed to modify, rent, comfort, borrow, sell, distribute or create a derivative work based on said content (partial or fully), unless expressly authorized in writing by ARKA or by third party holding their intellectual property and personality rights. 

The User acknowledges and agrees that ARKA retains all intellectual property rights related to Services (whether those rights are registered or not and in any part of the world where those rights may exist). ARKA retains all rights not expressly granted to the User in the present Terms and conditions. The User further agrees not to remove, hide or alter any intellectual property rights warnings (including copyright and trademark warnings) that may be posted or contained in the Services.

Brands and Related

Unless you have been expressly authorized by ARKA to do so, nothing in these Terms and Conditions grants the User the right to use any of the registered trademarks, trademarks, trademarks services, logos, domain names and other distinctive brand features.

4. Exclusion of warranty

To the extent permitted by applicable law, services and products are provided "as is and as available" and ARKA does not provide any kind of warranty in relation to them. In particular, ARKA does not guarantee to the User that (i) the use of the services meets your needs or expectations; (ii) the use of the services is not interrupted, or that is timely, secure or error-free; and, (iii) any information obtained, resulting from the use of the services is accurate or reliable.

No conditions, warranties or other terms (including any implied terms with respect to the satisfactory quality, fitness for a purpose or conformity with the description) are applicable to the services, except to the extent that they are expressly defined in these Terms and Conditions.

The use, by the User, of the Website, the Services, as well as any materials downloaded or by otherwise obtained through the use of the Services is made at your sole risk and expense, being solely responsible for any emerging damages and lost profits caused to the equipment in which you make use or viewing of the Website, the Services and the materials available there.

Nothing in the terms of use shall affect the rights provided by applicable law for which the User has always right as a consumer, if in this quality it intervenes and relates with ARKA, contractually, you may not agree to change or waive.

No recommendation or information, oral or written, from ARKA shall be construed as constituting a warranty of any kind, unless expressly provided for in these Terms and Conditions. To facilitate User accessibility, ARKA may include links to sites on the Internet that are owned or operated by third parties. When using the links to these third-party sites, the User should review and accept the rules of this website before using it. The User must also accept that ARKA does not control the content of these sites and cannot assume any responsibility for materials created or published by these third-party sites. Furthermore, a link to a non-ARKA website does not mean that it supports the site or the products and services referenced there.

The illustrations of the products on this Website may not fully correspond with the products delivered to the Client. The information about the products is given by the manufacturer, not being ARKA the responsible for the information provided.

5. Limitation of liability

To the extent permitted by applicable law, ARKA assumes no liability to the User for any resulting damages:

1. any judgment of the User as to the integrity, accuracy or existence of any advertisement or anyrelationship or transaction with any advertiser, whose advertising is presented in the Services or in ARKA's newsletter;

2. any changes that ARKA may make to the Services or any permanent cessation or temporary provision of services (or any functionalities of the services);
3. the elimination, corruption or storage error of any content or other data of communications maintained or transmitted by or through the use of the Services;
4. the direct or indirect violation of these Terms and Conditions;

ARKA's liability for compensation for any emerging damages related to the Website and with the Services, caused by ARKA, its representatives or assistants is limited to the cases in which acts with intent or gross negligence, excluding any liability for profits outgoing. If you disagree, partially or totally, with the Website or the Services, or with these Terms and Conditions, you have only the right to stop using the Website or the Services.

6. Privacy policy de privacidade

The Privacy Policy is available at http://raclac.shopifyers.net/en/privacy-policy. The document contains an explanation of the procedures adopted by ARKA and by third parties that provide services through the Website, in the context of the processing of personal data of its Users and the protection of their privacy, when using the Website and the Services

7. Cookie policy POLICY

Access to this Website may involve the use of Cookies. The User may consult the Policy of Cookies in the link http://raclac.shopifyers.net/en/cookie-policy

8. Generic concepts

Prevalence
In the event of a conflict between the Terms and Conditions and other specific provisions or specific terms and conditions on the Website relating to certain materials, these must prevail.

Exercise of Rights
The non-exercise or immediate application of rights or provisions by ARKA, as provided in the Terms and Conditions, should not be interpreted as a waiver of them.

Completeness
The Terms of Use constitute the entire agreement between the User and ARKA regarding the use and consultation, by the User, of the Website and the Services, and regulate their use (excluding any Services that can be supplied by ARKA under a separate written contract), replacing in the any previous agreements established between the User and ARKA in relation to the Website and the Services.

Reduction
The invalidity, declared by a judicial or arbitral award, of any provision of the Terms and Conditions do not determine the invalidity of the others, and ARKA reserves the right, if applicable, to modify the Terms and Conditions accordingly in order to remedy the invalidity.

Notifications/Communications/Complaints
Any notices and communications from ARKA to the User under the Terms and Conditions shall be preferably made to the User's e-mail address, without prejudice to ARKA being able to use other elements and forms of contact when applicable. Any notifications, communications and complaints from the User should preferably be made, to the email: info@arkamedical.eu.

9. Applicable law and forum

The Terms and Conditions, as well as the User's relationship with ARKA according to them, are governed by applicable Portuguese law. The User and ARKA agree to submit to the exclusive jurisdiction of the courts of Vila Nova de Famalicão the resolution of any legal matters resulting from the Terms and Conditions, without prejudice to the applicable mandatory legal rules. Notwithstanding the referred to, ARKA may apply precautionary measures (or equivalent type of urgent legal compensation) in any jurisdiction of the applicable mandatory legal rules.

Revisão 0_24/02/2021