Legal notice

Legal Notice

The present legal notice (hereinafter "Legal Notice") regulates the use of www.arkeyvata.com (hereinafter the "Website") that Arkeyvata Lda. (hereinafter “Arkeyvata”) makes available for Internet users

Arkeyvata is a Portuguese company with registered address in Av. Miguel Bombarda 36, 4ºC, 1050-165 Lisbon, Portugal, and VAT and registry number 513284001.

Object

Through the Website, Arekeyvata provides users with access to an online service to create, manage and keep minutes (hereinafter the "Service"), identified by the registered trademarks "Ata na Hora" and "Arkeyvata".

Website Terms and Conditions

The use or access of the Website means that you accept the present terms and conditions. You commit yourself to use this Website in accordance with the present Legal Notice and the applicable Laws of Portugal.

You can use or access the Website freely, except for those parts which are not available or require a previous user registration. Users guarantee the authenticity of the data given to Arkeyvata. Arkeyvata accepts no responsibility for the damages caused by the use of such information.

Users undertake to use correctly the contents of this Website, including but not limited to texts, templates, pictures, graphics, images, icons, technologies, software, links and other audio-visual or sound contents, as well as their graphic design and fountain codes in accordance with the law, the Legal Notice, the particular terms and conditions of certain services and other notices, regulations, and any instructions of use.

In particular, users undertake to refrain from:

• Reproducing, copying, distributing, publicly communicating, changing or modifying the content of the Website, unless they are expressly authorized by Arkeyvata or it is legally permissible;
• Suppressing, manipulating or in any other way altering copyright and other Arkeyvata or owner’s reserved rights, digital fingerprints or any other technical means established for their recognition;
• Accessing or trying to access the contents, through means or methods other than those made available or shown on the websites where the contents are or, in general, those regularly used on the internet.

Service Terms and Conditions

A.- System Operation

1. The Service is operational from the moment the subscribed plan has been paid.
2. Arkeyvata reserves the right to interrupt the Service, at any moment and for any reason, totally or partially, temporarily or permanently.
3. Temporary interruption does not require prior notice.
4. Permanent interruption requires a 30 (thirty) day notice.
5. Arkeyvata shall not be liable for any damages that the interruptions may cause to users or third parties.
6. Any improvements introduced in the Service will benefit the users according to the subscribed plans.

B.- Users and registering of accounts

1. The registering of an account entitles the user to create, manage and keep the minutes of one governing body of one entity (commercial or civil company, association, foundation, cooperative, condominium or others), except in the Total Pass plan where the Service can be used for all governing bodies of one entity.
2. Each account can create a number of users according to the subscribed plan.
3. Each client shall be responsible for the creation of users and the assignment of passwords.

C.- Pricing

1. Pricing is as listed on the pricing schedule, VAT excluded.
2. Arkeyvata reserves the right to amend the pricing at any moment.
3. The user shall receive a 30-day notice with regard to any amendment in the pricing, through the Site or through the Service.

D.- Payment

1. The Service shall be paid for in advance for the annuity.
2. Payments will be made through Paypal, Multibanco (MB) or any other instrument which may be implemented in the future.

E.- Plan Upgrade/ Downgrade

1. Users may, at any time, request an upgrade from a plan of inferior value to a plan of superior value.
2. Upgrades involve payment of the difference between both plans.
3. Users may, at any time, request a downgrade from a plan of superior value to a plan of inferior value.
4. Downgrades do not confer the right to any reimbursements or credits.

F.- Cancellation of Service

1. The Service may be cancelled by the user at any time through the Site.
2. Arkeyvata may cancel the Service due to user's breach of any condition in the Legal Notice.
3. Cancellation of the Service, by the user or Arkeyvata, does not confer the right to any reimbursements, whether the annuity is over or not.
4. Cancellation entails the closure of the account and loss of all the information and/ or documents that the user might have introduced.

G.- Shipping cost

The shipping cost of the binders Arkeyvata to Portugal and Islands are free.

For other orders the following schedule will apply:

H.- Return of Arkeyvata binders

1. Should the shipped binders not correspond with your order, you have 14 days to present your claim through info@arkeyvata.pt, indicating which products you wish to return. Only Arkeyvata binders in perfect condition and in their original packaging, with the corresponding invoice signed and stamped can be returned.
2. Should the Arkeyvata binders not conform with your order, you can choose to have your money refunded by sending an email to info@arkeyvata.pt with your bank account number.
3. The user will bear all direct costs of the returned products and shall be responsible for any deterioration due to handling.

I.- Forbidden Uses

1. Users will refrain from using the Service for illicit purposes, forbidden in the Legal Notice, which could damage, render useless, overload, deteriorate or prevent the use of the Service, computers, documents, files and all kind of contents stored in any computer or server (“hacking”), belonging to Arkeyvata, or to any other users, including Internet users (“hardware” and “software”).
2. Namely, but not exclusively, the user shall not transmit, release or make available to third parties, information, data, contents, messages, graphics, designs, sound and/ or image files, photographs, recording, software and, in general, any material that:
   • might be contrary, in any way, to fundamental rights and public liberties as defined by the Constitution or International treaties;
   • induce, or promote criminal, defamatory, discriminatory, violent actions or, in general, against the law;
   • are false, ambiguous, inaccurate, exaggerated or extemporaneous, in a way that might be misleading;
   • may be protected by third-party intellectual property rights, when the user failed to secure the necessary authorization from their owners;
   • breaches third-party trade secrets;
   • might violate the honour, personal or family privacy or freedom from injury to reputation;
   • in any way might be against the reputation and good name of Arkeyvata;
   • breaches the law on secrecy of communications;
   • constitutes unfair or misleading advertising or unfair competition;
   • introduces virus or other physical or electronic elements that might damage Arkeyvata's or third-parties' web, system or equipment (hardware and software) or impede it to function properly, or that might damage the electronic documents and files stored in said equipment;
   • might cause due to its characteristics (such as format, size...) difficulties in the Service's normal operation;
   • contains HTML tags different that those expressly authorized by Arkeyvata.

Links

Users and anyone who wishes to establish a link between their website and www.arkeyvata.com are strictly forbidden:

• To reproduce the website home page;
• To create a frame on the website pages;
• To make false, inaccurate or incorrect statements on the website pages or services;
• To imply that Arkeyvata, has authorized the link or that it has taken on the services offered or made available through the Website;
• To reproduce any trademark owned by Arkeyvata, unless they are expressly authorized to do so;
• To reproduce contents opposed to any third party rights, or illicit information or illicit contents.

Intellectual Property

The content of the Website: text, templates, images, trademarks - namely "Arkeyvata" and "Ata na Hora" -, logos, audio and video files, buttons, software files, combinations of colours, as well as the structure, selection, order and presentation of the content, is the property of Arkeyvata or third parties and are protected by the Portuguese and international laws on intellectual property.

Reproduction of part or all of the contents in any form is prohibited other than in accordance with the Legal Notice and the applicable laws of Portugal. Without prejudice to the foregoing, the Website's content is construed as a computer program pursuant to Portuguese and EU laws. Use of this Website does not imply any assignment of exploitation rights other than those strictly necessary for its correct use.

Limitation of liability

Arkeyvata will not be held liable for damages of any nature regarding:

• Presence of viruses, or presence of other elements in the contents that may affect the users’ computer systems, e-documents or files;
• Transmission, issuing, storage, availability, reception, gathering or access to the contents;
• Lack of accuracy or legality of the templates;
• Interruption, lack of the Website's availability or continuity, the Website's and Service's fallibility, and namely, but not exclusively, access errors to the Website's different pages or those where the Service is provided;
• Problems with the qualified electronic signature;
• Functioning of linking technical devices (such as, among others, banners and buttons), directories and search tools that allow users to access sites belonging to or managed by third parties. The sole purpose of these technical devices is to facilitate the users’ search and access the information, contents and services available on Internet;
• Quality, lawfulness, reliability and usefulness of the information, contents and services existing in the linked sites;
• Use of the services and contents by users, or that may be due to lack of truth, force, exhaustiveness, authenticity of information that any users may give to other users;
• Contents introduced by users in forums or distribution lists, or opinions expressed therein. Arkeyvata is under no obligation to control, and does not control, the users' use of the Website or of the Service.
• Akeyvata recommends that the physical minutes be bound and filed.

Privacy policy

The terms and conditions that apply to personal data protection and which Arkeyvata is compliant with can be found in our Privacy policy

Notifications

All notifications made by users or third parties to Arkeyvata will be deemed effective whenever they are sent by:

post to Arkeyvata, at Av. Miguel Bombarda 36, 4ºC, 1050-165 Lisbon, Portugal,

email to info@arkeyvata.pt.

If the notification refers to the execution of illegal activities or to the infringement of intellectual property rights, the sender must annex documentation attesting to the fact, as well as an express declaration of its truthfulness.

Any support issue shall be resolved by e-mail through the mentioned e-mail address.

Duration and suspension of services

Arkeyvata reserves its right to suspend its services at any time, particularly to those users who breach the Legal Notice.

Legislation and forum

The Legal Notice and all relations established with Arkeyvata will be ruled by the Portuguese legislation in force.

Any dispute shall be resolved by the Courts of Lisbon.

In case of dispute the consumer may resort to CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo. Faculdade de Direito Da Universidade Nova de Lisboa.

Campus de Campolide 1099-032 Lisboa Tel: +351 213 847 7484 E-mail: cniacc@unl.pt Web: http://www.arbitragemdeconsumo.org