The user is fully responsible for the access to and use of this website, which is bound to the acceptance of these Terms and Conditions of Use, and the Privacy and Data Processing Policy indicated herein. The use of this website, as well as the relationship between NEARDISCOVER and users, is governed by the applicable Portuguese laws.
NEARDISCOVER reserves the right to amend these Terms and Conditions of Use, or review the Privacy and Data Processing Policy identified herein, whenever it deems necessary, with or without advance notice. Click on “Terms and Conditions of Use” on the website www.theworldofbanksy.pt to check the current version. The most up-to-date version of the Terms and Conditions of Use replaces all previous versions.
2. INTELLECTUAL PROPERTY RIGHTS
The contents of this website include, without limitation, images, texts, software, photographs, sound, music, videos, interactive and related resources (“Content”), trademarks and logos (“Trademarks”) or any other industrial or intellectual property rights contained therein, which belong to NEARDISCOVER, and their use by unauthorised third parties is expressly prohibited. The contents of this website are provided solely for personal information and use, and may not be used, copied, reproduced, distributed, transmitted, disseminated, sold, licensed or used in any other form for any other purpose without prior written consent of their respective owners. The user declares that he/she shall not use, deactivate or interfere with the resources related to the security of the website and the application.
However, the user may print the material contained on this website, so long as it is not amended, whether for personal or for non-commercial use, and maintains the indication of the source and the copyrights, and so long as no other indication of ownership is removed.
Nothing contained on this website should be construed as granting any type of license or other form of permission to its users.
The website may contain images or other materials with copyrights belonging to third parties, such as suppliers or other entities that have contributed to its creation or maintenance (such as photos from image databases, for example).
Although the personal data provided to NEARDISCOVER is within the scope defined in the Privacy and Data Processing Policy contained in these Terms and Conditions of Use, any information or other contents that the user transmits through this website, whether it is by e-mail, transmission of files, or any other method, shall be considered non-confidential and unreserved.
3. CONTENTS AND GUARANTEES
The user agrees that the use of the website is done on his/her own account and at his/her own risk. To the full extent permitted by law, NEARDISCOVER is exempt from any express or implicit guarantees in relation to the use of the website. NEARDISCOVER does not guarantee that the contents provided on its websites are accurate or complete, and does not assume any responsibility or obligation for any:
a) errors or incomplete contents;
b) personal damage or damage to property of any nature by way of access to and use of this website and application;
c) unauthorised access or use of our secure services and/or personal and/or financial information stored on them;
d) interruptions or terminations of transmission to or from our webpage;
e) errors, viruses, Trojan horses or similar that may be transmitted to or through the website, and/or;
f) errors or omissions in the contents, or any loss or damage occurring as a result of the use of contents published, sent, transmitted or provided through the website;
g) unavailability or any difficulty or inability to download or access the contents or any other failure in the communication system that may result in the website being unavailable.
NEARDISCOVER shall not be responsible for any website assistance or maintenance.
NEARDISCOVER reserves the right to make changes and corrections, change the name, suspend or close the www.theworldofbanksy.pt website whenever it deems appropriate, and without the need to advise its users in advance.
NEARDISCOVER does not assume any responsibility or obligation for any contents transmitted outside of this website between users or between these and any third parties.
4. RESPONSIBILITY, USE, AND RISK
To the extent permitted by law, NEARDISCOVER and all its legal representatives, directors, employees or others who in any way act on behalf of and represent NEARDISCOVER, as well as any other party involved in the creation, production, maintenance or implementation of this website, shall not be liable to any website user for any possible damage, loss or injury (including any loss of profit and non-material damages, any indirect, accidental or consequential losses) that may arise
from a correct or incorrect use of this website and its contents or from an access to the user’s computer, mobile phone/smartphone or tablet or information system by third parties, or any viruses, etc.
This website contains links to third-party sites. These links are provided solely for convenience and for easier access to the user. The existence of the referred links does not mean that NEARDISCOVER has any rights to the contents of the referred sites. NEARDISCOVER does not check their contents and is not liable for the contents of any of those sites, or for any fact arising from their use or display, nor does it check that they do not contain any viruses or other elements that may cause damage to the user. The user assumes all risk in accessing and visiting these third-party sites, and the user is liable for any use and/or for the consequences arising therefrom.
The use of this website for illegal purposes or other purposes that may be considered inappropriate for the image of NEARDISCOVER is expressly prohibited. The theft, counterfeiting of contents, or use of stolen or counterfeit contents, illegitimate identification and unfair competition are punishable by law.
The user is also prohibited from creating or introducing any type of virus or program that damages or infects this website, or that advises third parties to do so. The practice of the referred offence is punishable under the terms of the law.
The website is controlled and provided by NEARDISCOVER through its offices in Portugal. NEARDISCOVER does not guarantee that the website is available for use in other places. Whoever accesses or uses the website through another jurisdiction does so upon his/her own initiative and is responsible for his/her own compliance with local laws.
5. PRIVACY AND DATA PROCESSING POLICY
NEARDISCOVER is responsible for processing personal information about users that is directly collected through various methods. NEARDISCOVER undertakes to put adequate technical and organizational measures into practice to protect the personal data of its users against its destruction, whether accidental or illicit; accidental loss; change; dissemination or unauthorised access.
An adequate security level is considered to be applicable in relation to the risks presented by processing in light of the nature of the data to be protected.
In this way, NEARDISCOVER may collect and keep information that was transmitted voluntarily and has received approval, including, among others, individual personal information, such as names, addresses, e-mail addresses and telephone numbers. Prior to processing and collecting personal data directly from the respective holders, NEARDISCOVER will provide all the necessary information about this processing and will collect the respective authorization for the purpose.
The data provided by the users shall be processed by NEARDISCOVER in compliance with the legally applicable principles, notably:
a) Legally processed, with respect for the principle of good faith;
b) Collected for certain explicit and legitimate purposes, and may not be processed later;
c) Specific, updated (if necessary), and adequate measures shall be taken to ensure that incorrect or incomplete data is deleted or rectified, taking into consideration the purpose for which they were collected or for which they may be processed later;
d) Kept in order to enable the identification of its holders solely during the period necessary for the fulfilment of the purposes of collection or later processing.
The data collected on the website is not considered sensitive under the applicable legislation, and consequently the inherent restrictions are applicable.
The user’s personal data are collected and introduced by NEARDISCOVER in an automatic file in order to carry out the activities included pursuant to the initiative of the website www.theworldofbanksy.pt.
NEARDISCOVER undertakes to ensure the privacy of registered users. NEARDISCOVER does not sell or hire any personal data sent by registered users to third parties.
The data collected may be transmitted to partners of the NEARDISCOVER group, with their head office in Portugal or overseas, in order to carry out any activities included upon the initiative of the website. Personal data shall be collected and processed in accordance with the applicable Portuguese law that is in force, and all authorizations that are deemed necessary for the purpose shall be previously obtained from the national data protection committee. Under the terms of the law, NEARDISCOVER has adopted the measures needed to ensure that the data provided is protected against access or use by unauthorised third parties. However, NEARDISCOVER warns that there is a residual risk of unauthorised access through the internet, namely through open networks, without necessary safety conditions.
There are other types of information, which in this case are not personal and individual, that are recorded solely to help ensure that the website is useful and to ensure a good navigation experience for whoever visits it. Statistical information, normally and by definition, constitutes information registered through the internet navigation window (browser), such as: the website address that brought the user directly to the exposition of “The World of Banksy” website, most visited website pages, type of browser, operating system, etc.
6. CAPACITY TO ACCEPT THE TERMS AND CONDITIONS OF USE
The user confirms that he/she is over the age of 18 years of age or has the legal authorization of his/her parents or guardians and is fully capable of consenting to and accepting the terms, conditions, obligations, statements, representations and guarantees described in these Terms and Conditions of Use, as well as respecting and complying with them. If he/she is less than 18 years of age and does not have the legal authorization of his/her parents or legal representatives, he/she shall not use the website.
7. PRESERVATION OF PERSONAL INFORMATION
After NEARDISCOVER has collected individual personal data that has been voluntarily sent, it shall keep and maintain the data until there are instructions to the contrary, or until required by law. The preservation of this information helps NEARDISCOVER continue to provide personalised services without interruption.
These Terms and Conditions of Use and any rights and licenses granted herein cannot be transferred or ceded by the user. However, they may be assigned by NEARDISCOVER to third parties, without any restrictions.
9. APPLICABLE LAW
Should the parties fail to reach an amicable agreement, any conflicts and disputes of any nature relative to the creation, execution or interpretation of this Contract, shall be governed by Portuguese law and subject to the jurisdiction of the Courts of the District of Lisbon, with the express waiver of any other.