Terms and Conditions

1. Introduction

These Terms and Conditions govern the access and use of the website https://www.livingclinic.pt/ (“Website”). The Website is owned by Eurico de Almeida & Vieira Lda, hereafter designated as “Living Clinic.”

By using or visiting the Website or any of the information, data files, written text, graphics, links, audio files or other sounds, photographs, videos or other images (collectively, ‘Content’), resources and services, including a newsletter (collectively, including Content, ‘Services’) made available through it, you are, as a user or visitor thereof (‘User’), agreeing to and accepting (i) the current Terms and Conditions of Use (‘Terms and Conditions’) and (ii) confirms the reading and understanding of the Privacy and Cookie Policy made available on the Website.

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

2. Responsibility of Users

Living Clinic reserves the right to change these Terms and Conditions at any time, limiting itself to placing changes online on the Website, and the Sole Responsibility of the User is to verify and comply with them at the time of each use. The use of the Website after the changes are published implies the 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 the Services.

By accessing, using and downloading materials from the Website, the User agrees, on their behalf and/or on behalf of the entity on behalf of those acting, complying promptly with the provisions of these Terms and Conditions, ensuring that they have the power to act on behalf of the third party they represent, if necessary.

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

Use of the Website for purposes other than those for which the Website is intended, including illegal purposes or any other that may be considered harmful to the image of Living Clinic, is expressly prohibited. Usurpation, counterfeiting, use of usurped or counterfeited content, illegitimate identification, and unfair competition entail criminal and/or contravention responsibility.

The User is also prohibited from creating or entering on this Website any types of viruses or programs that damage or contaminate or advise third parties to do so.

3. Living Clinic’s Rights and Obligations

Living Clinic reserves the right to:

  • Modify, add, or remove parts of the Terms and Conditions at all times.
  • Modify or terminate the Services for any reason and without prior notice at all times.
  • Remove User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene, or objectionable or infringing third-party intellectual property rights or the Terms and Conditions.
  • Modify, replace, refuse access to the Website and the Services, suspend or discontinue them, in whole or in full.

These changes will take effect from their placement on the Website or on the date of submission of any communications.

Living Clinic undertakes to provide technical support to the User with a User Account, which is only available via email.

4. Intellectual Property

All information contained on the Website and the Services and all data and information compiled by Living Clinic associated with it (such as data files, written text, Software, music, audio files, or other sounds, photographs, videos, or other images) to which you may have access as part of the Services or through their use are considered content of Living Clinic. The User is not allowed to modify, allocate, lend, borrow, sell, distribute, or create a derivative work on the basis of such content (partially or totally) unless they have been expressly authorized in writing for this purpose by Living Clinic or by a third party who holds their intellectual property and personality rights.

The User acknowledges and agrees that Living Clinic retains all intellectual property rights (whether these rights are registered or not and anywhere in the world where such rights may exist) relating to the Services. Living Clinic retains all rights not expressly granted to the User in these Terms and Conditions.

The User also agrees not to remove, conceal, or alter any intellectual property rights notices (including copyright and trademark notices) that may be posted or contained on the Services.

5. Disclaimer of Warranty

To the extent permitted by applicable legislation, services are provided ‘as they are’ and ‘as available’ (as is and as available) and Living Clinic does not provide any kind of guarantee in relation to them. In particular, Living Clinic does not guarantee the user that (i) the use of the services meets their needs or expectations; (ii) the use of the services is not interrupted, or that is punctual, secure, or error-free; (iii) any information obtained resulting from the use of the services is accurate or reliable; and (iv) defects, if any, in the operation or functionality of any software provided as part of the services will be corrected.

No conditions, guarantees, or other terms (including any implied terms with respect to satisfactory quality, suitability for a purpose, or conformity with the description) apply 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 otherwise obtained through the use of the Services is made at the User’s sole cost and risk and is solely responsible for any damages and lost profits caused to the equipment on which it makes use or visualization of the Website, services, and materials available there.

Nothing in the terms of use shall affect the rights provided for by the applicable legislation to which the User always have the right as a consumer, if in this quality it intervenes and relates to Living Clinic, and which, contractually, cannot agree to alter or waive.

No recommendation or information, oral or written, of Living Clinic shall be construed as constituting a guarantee of any kind unless expressly provided for in these Terms and Conditions.

To facilitate user accessibility, Living Clinic may include links to websites on the internet that are owned or operated by third parties. When using the links to these third-party websites, the user must review and accept the rules on that Website before using it. The user shall also accept that Living Clinic does not control the content of that website and may not assume any responsibility for the materials created or published by such third-party websites. In addition, a link to a website not belonging to Living Clinic does not mean that it supports the website or the products and services referenced therein.

6. Limitation of Responsibility

To the extent permitted by applicable law, Living Clinic assumes no responsibility towards the user for any damages resulting from:

  • Any judgment of the user regarding the integrity, accuracy, or existence of any advertisement or any relationship or transaction made with any advertiser, whose advertising is presented on the Living Clinic Services or newsletter.
  • Any changes Living Clinic may make to the Services or any permanent or temporary termination of the provision of the services (or any features of the services).
  • Deletion, corruption, or storage error of any content or other communications data maintained or transmitted by or through the use of the Services.
  • Direct or indirect violation of these Terms and Conditions.
  • Non-maintenance of the security and confidentiality of the password or User Account details.

Living Clinic’ liability as indemnification for any emerging damages related to the Website and the Services, caused by Living Clinic, its representatives, or assistants is limited to cases where it acts with criminal intent or gross negligence, and any liability for lost profits is excluded.

If you disagree, in part or in full, with the Website or the Services, or these Terms and Conditions, you only have the power to stop using the Website or the Services, as applicable, and to demand the cancellation of your User Account.

7. Privacy Policy

The Privacy Policy is available at https://www.livingclinic.pt/privacy-policy/. The document contains an explanation of the procedures adopted by Living Clinic and third parties providing services through the Website, as part of the processing of personal data of their Users and the protection of their privacy when using the Website and the Services.

8. Generic Concepts

Prevalence

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

Exercise of Rights

The non-exercise or non-immediate application of rights or provisions by Living Clinic, provided for in the Terms and Conditions, shall not be construed as a waiver thereof.

Completeness

The Terms of Use constitute the entire agreement between the User and Living Clinic regarding the use and consultation, by the User, of the Website and the Services, and regulate their use (excluding any Services that may be provided by Living Clinic under a separate written agreement), fully replacing any previous agreements established between the User and Living Clinic in relation to the Website and the Services.

Reduction

The invalidity, declared by a court or arbitral award passed on trial, of any provision of the Terms and Conditions does not determine the invalidity of the others, reserving Living Clinic the right, where appropriate, to modify the Terms and Conditions accordingly in order to rectify the invalidity.

Notifications/Communications/Complaints

Any notifications and communications from Living Clinic to the User under the Terms and Conditions shall preferably be made to the email address or address made available by the User in their User Account, without prejudice to Living Clinic being able to use other elements and forms of contact.

Any notifications, communications, and complaints from the User should preferably be made to the email: [email protected]

9. Applicable law and forum

The Terms and Conditions, as well as the User relationship with Living Clinic in accordance with them, are governed by applicable Portuguese law. The User and Living Clinic agree to submit to the exclusive jurisdiction of the courts of justice of the Porto district to resolve any legal matters resulting from the Terms and Conditions, without prejudice to the applicable mandatory legal rules. Notwithstanding the above-mentioned, Living Clinic may apply precautionary measures (or equivalent type of urgent legal compensation) in any jurisdiction.