PURPOSE AND CONDITIONS OF ACCESS TO THE SITE
This Site is only for information purposes. It is intended to cooperate with the cybernaut or user providing legal information and some search engines, but does not exempt from consulting the original documents or a professional, given that the information is of general and abstract nature and does not relate to specific cases.
This site is not intended for publicity, promotion or marketing of products or services nor configures or induces to advises or suggestions and also does not characterise any type of legal relationship or constitutes a professional opinion. It is solely aimed to provide objective legal information and data regarding the Firm and its professionals which are ethically permitted.
Information included in this Site is subject to the rules mentioned below.
DISCLAIMER
The Firm may not assure that the contents of the Site are fully up-to-date, whether at the level of its own contents or at the level of another’s contents (hyperlinks). In the same way, it may not warrant the perfect accuracy of the contents, which does not mean that the information included therein is not slightly warrantable or reliable. The consultation to the contents of this Site is solely indicative, aiming to cooperate with the commencement of the respective search, being absolutely indispensable the consultation of the original documents as only these may be considered as authentic documents.
Therefore, the Firm is not responsible for the accuracy, update, quality, safety and legality of the contents showed in this Site, in the links or in the contents of the links, given that it may not assure the full and unconditional update and perfect reproduction of the original texts nor the management of contents in another’s Sites.
The Firm is not liable nor may be held liable for any, direct or indirect, damages resulting from the use of the information included in this Site or in the Sites mentioned therein (links, hyperlinks or hyperconnections) and, thereby, there is no legal relationship between the Firm and the users or cybernauts nor reciprocal rights or duties, without prejudice to the duties of the user mentioned below.
Given this, the Firm is not responsible for any losses and damages suffered by the user, directly or indirectly, caused or connected with the use of this Site as well as its respective contents, information and links, being expressly and restrictedly exempted from any liability, which exemption is extended to the contents and information of the links.
The Firm is entitled to amend, exclude or add any information to the contents of the Site without prior notice. Accordingly, the Firm is entitled to suspend or cancel the disclosure of certain contents or even the disclosure of this Site.
COPYRIGHTS AND CONNECTED RIGHTS
The Copyrights and Connected Rights of the Site are of the sole ownership of the Firm. It is expressly forbidden the reproduction or disclosure, in whole or in part, of its contents, without express and written authorisation of the Firm and, when applicable, of the respective author of the text.
However, the association of contents by hyperlinks or hyperconnections is allowed, provided that the Site of the origin of the text is mentioned in a clear and express way.
The Copyrights and Connected Rights of the contents are of the sole ownership of who has created them, being the source of the information always mentioned. The contents provided by third parties are of the sole responsibility of the same.
The Copyrights and Connected Rights of the Sites and of the contents of another’s Sites are of the sole ownership of the owner of such Sites, of the authors of the texts, or of who is specified in the respective terms of use.
Should you wish to cooperate in terms of contents you may authorise in writing the disclosure of the file and send the respective contents by email.
DUTIES OF THE USER
The users and cybernauts in general may only access to the Site and to the information included therein for lawful purposes.
In the event that the user or cybernaut detect any inexactness or inaccuracy in the contents of this Site or Sites mentioned therein, we should be grateful to be informed thereof to the email info@tcalaw.net.
The mere use of the Site implies the full and unconditional acceptance and the full knowledge of all rules applicable to the case, namely the rules included in these Terms of Use.
PERSONAL DATA PROCESSING AND PRIVACY RULES
These rules are exclusively applicable to the subscribers of the Newsletters, to the users of the Restricted Area, of the Online Payments Area, of the Send area, of the Contact us area, of the Conference area (scheduling and execution) and of the Selection area.
The Restricted Area is exclusively intended for the Clients of the Firm and aims the Online follow-up of the progress of the respective proceedings.
After the request, the Client shall receive a users’ name and a password, becoming a Registered User. In order to access the Restricted Area, the Registered User must complete two fields: the first with the user’s name and the second with the password, both provided by the Firm. The information included in the restricted area is in a safe environment. The user’s name and the password are personal and confidential information, which may not be transferred to third parties, being its use by whom is not the respective holder forbidden. Within the restricted area, the Firm warrants the full confidentiality of the data stored in its Site, including the files and electronic messages sent by the user.
The Firm is not liable for damages arising from the improper use of the telematic means, from the supply by the user of his personal data to third parties (namely of the user’s name and password) or from the information registered and not deleted by the user in the computers from where access to the Site is made, namely for the information eventually included in the temporary files or cookies.
In order to be able to subscribe the Newsletters, the party concern must authorise the computer processing of personal data, for the purposes described in these rules.
The existing form in the Online Payments area has own provisions and is solely aimed to express the intention to proceed with payment through this way. This functionality may only be used by Clients of the Firm. By virtue of this transaction, the Firm will not remain with any financial or banking data of the Client, given that such transaction will be carried out between the Client and the Financial Institution, being the latest the responsible party for the processing of the financial personal data of the Client.
The form Send is intended for sending of an email mentioning the Site to relatives, friends or colleagues of the Clients or Cybernauts. With the exception of the temporary files inherent to the own sending, the Firm will not maintain any record of these information.
The form Contact us is aimed to send an electronic mail message to the Firm, which contents will be subject to professional secrecy.
The forms of the Conferences area are of the sole use of the Clients of the Firm and are intended to express the will to hold an Online conference as well as, after confirmation, to hold the same through voice systems over IP. The Firm will maintain the data of the form of the request to hold a conference as well as those in respect of the conference, which are subject to professional secrecy.
The spontaneous applications made in the Site as well as the respective data (namely the CV), shall be kept for a term of 2 years, for the purposes of recruiting process but shall not be transferred to third parties.
In any event, processing of personal data shall be made with full confidentiality, security and respect for the rules that govern the privacy of data. Data supplied may, at any time, be consulted, corrected, amended or deleted from the database. Information supplied shall not be transferred to third parties.
The consultation and printing of documents made available do not involve any cost to the user.
The Firm has registered the personal database at the CNPD.
The Responsible party for processing the personal data is the Board of Directors of the Firm, which may be contacted through the email info@tcalaw.net, or at the Firm’s Office, according to the information set out in the Site.
HYPERCONNECTIONS, LINKS AND RESPECTIVE CONTENTS
The Firm is not responsible nor warrants the contents of the sites that it makes reference to in its links, also named as “hyperlinks”, or "hypertext links", or “hyperconnections”. The rules regarding the Disclaimer set out in these Terms of Use are fully applicable to the information and contents of the Sites mentioned in the links.
The Firm intends to respect the copyrights of the authors and/or owners of the databases. The copyrights of the authors belong to their respective authors and the copyrights of the databases are of the exclusive property of the respective authors and/or responsible parties for the databases, or of who is mentioned as holder of this right in the respective terms of use. The contents showed in another’s Sites, even if mentioned or connected in this Portal, are of the full responsibility of whoever has created them. The mere display of these contents does not necessarily imply the agreement or subscription of the same. We strongly recommend the reading of the terms of use of the Sites mentioned in this Portal as well as those to which the links refer to.
The Firm makes an express reference to the Sites to which it makes hyperconnections. Notwithstanding this, the indication of the site owner of the contents hyperconnected may be consulted in the address bar of the navigation program used (ips). Therefore, in order to verify the site from which the information is consulted and where the same is stored, it is suffice to view the address bar (http://www.nameofthesite.typeofdomain/...).
RULES ON NEWSLETTERS AND RESPECTIVE SENDING:
Neither the message sent nor the attached Newsletter are or may be considered as a publicity, marketing or prospecting communication nor any product or service is offered through them and, therefore, do not characterise provision of services or any other legal bond between the sender and the recipient nor produce any effects in their respective legal scopes, both are only intended for information purposes with the sole view to promote knowledge of the matters dealt with.
The use of your electronic mail address is only intended to send Newsletters, news or communication of events. The only element which composes the distribution list of electronic mail messages is the “electronic mail address of the recipient”, which shall not be transferred to third parties. The other data collected are only for statistics purposes.
You will receive the message sending the Newsletter if you have subscribed the respective remittance directly in the Portal.
In any event, if you do not wish to receive the Newsletter again or prefer to be removed from this distribution list of electronic mail messages, we request that you answer to the message sent, from the electronic mail address where you have received it, adding in the “subject” of the message the word “remove” or use the proper field of the Portal for these purposes, which shall not imply any encumbrance or claiming of reasons.
The right to access, rectify, amend and delete data is made available to you, pursuant to the legislation in force, and for such purposes, you will only have to request by electronic mail what you deem as convenient.
All security measures adequate to the case were applied, in order to assure the respect of the rights, freedoms and guarantees of the recipient. However, it is requested that you inform the Firm should you detect any anomaly or have any doubt.
The annexes are sent in the PDF (Portable Document Format) format, being able to be consulted with the free program Acrobat Reader.
The general rules on Downloads mentioned below are applicable to Newsletters.
GENERAL RULES ON DOWNLOADS:
Legal warning: the information made available in the Downloads is not and may not be construed as provision of services or as a legal advice.
Purpose: the material included in the Downloads is only for information purposes and does not release from, or replaces the consultation, analysis and interpretation of the original documents.
Contents of the information: in the documents that include articles, we have sought to provide correct and up-to-date information, but the Firm may not be liable, at any title, for eventual information set out in this document which is not accurate or up-to-date.
Exclusion of responsibility: the Firm is not liable nor may be held liable for any, direct or indirect, damages caused by the use of the information included in the documents made available for Downloads, at any title, and there is no legal relationship resulting from the simple consultation of the document or from the respective reading.
Reservations: the Firm is entitled to amend, exclude or add any information to the documents made available for Downloads without prior notice, as well as, it is entitled to suspend or cancel the disclosure and publication of the said documents or of certain contents.
Virus and other malicious programs: despite of using updated antivirus and maintaining preventive systems against attacks of malicious programs, the Firm is not responsible for any damage caused for the eventual existence of malicious programs in the files object of the transfers made nor may assure with full safety the inexistence of these programs in the documents.
Acceptance: the consultation of a document, view and the reading is only permitted upon agreement and acceptance of these terms of use.
Ownership: Toscanelli, Cotrim & Associados — Law Firm.
Copyrights: the economic right is of the property of the owner and the moral rights of the professionals that have cooperated with the respective drafting, mentioned in the own documents.
APPLICABLE LAW AND INTERNATIONAL JURISDICTION
This Site is governed by portuguese Law and the Courts of Lisbon shall have jurisdiction to settle any eventual dispute.
Copyright © 2003 - 2007 Toscanelli, Cotrim & Associados – Law Firm
