This document establishes the rules governing access to and use of the www.livinbarca.com website (hereinafter the “Site”). The Site was created, belongs to and is operated by Livin Barca, LDA, with registered office at EN 327, 320, 3870-304, Torreira, Murtosa, Aveiro, with Tax ID number 515296538 (hereinafter “Livin Barca”), and its use is governed by these Terms of Use.

The Site is intended to provide the User of the Site (“User”) with information about the activity carried out by Livin Barca.

 

These Terms of Use are supplemented and integrated by the Privacy Policy and Cookies Policy (available here and here).

 

ACCEPTANCE OF TERMS OF USE

You acknowledge that by accessing, browsing and using the Site you accept these Terms of Use.

 

MODIFICATION OF TERMS OF USE

Livin Barca reserves the right, at any time, without prior notice and with immediate effect, to change, add, update or delete, in part or in whole, these Terms of Use.

You should therefore periodically check the Terms of Use to confirm whether any updates or changes have been made.

 

ACCESS TO THE SITE

Access to the Site does not require any registration. However, to access certain features, particularly those related to the Online Store, the User must create a Customer Account, as provided in the Privacy Policy. For this purpose, the User must indicate: an e-mail, a first and last name and a password.

The User must keep confidential the details of their Customer Account which allow them to access the Site, and in particular should not disclose them to third parties or navigate in conditions that allow their decoding and copying by third parties. Any access to and use of the Site with your Member Account data is your sole responsibility.

The User can use the “Recover Password” button if the access password is lost, in which case a new password will be generated and sent to the e-mail address indicated when creating the Client Account.

The User can, at any time, modify the details of his/her Client Account, in his/her reserved area on the Site.

 

USE OF THE SITE

In general, the User must use the Site in a responsible, prudent and careful manner, and must not disrupt or degrade the continuity, integrity and quality of the resources and functionalities of the Site, nor impinge on the rights and/or possibilities of use of third party users.

The User undertakes not to use the Site to make available or share any content that is illegal, false, misleading, threatening, malicious, abusive, defamatory, injurious, invasive of privacy, racially, ethically or morally objectionable, harmful or offensive to human dignity or harmful to minors.

It is forbidden to make available information or content which belongs to third parties and which the User does not have the right to use, such as, for example, content protected by third party copyrights or content which contains personal data of third parties.

You may not use the Site to post or transmit any material that contains or may contain viruses, worms, defects, Trojan horses or other items or computer codes, files or programs that may interrupt, destroy or limit the functionality of any computer system or equipment or communications equipment.

User shall also not make available or transmit any unsolicited or unauthorized content such as SPAM or collect, make available, transmit or exploit information about other users for unauthorized purposes.

 

INTELLECTUAL PROPERTY RIGHTS

The User acknowledges that the Site, its structure and layout, the selection, organization and presentation of its content are the property of Livin Barca or have been duly licensed in its favor.

The User further acknowledges that the contents of this Site (text, images, graphics, sound and animation and all other information made available) are protected by intellectual property rights and undertakes to respect such rights.

The User is not authorized to transmit, communicate to the public, publish, make available to the public, modify, transform, copy, sell, use or distribute in any way the texts, images or other information contained in this Site or part of it without prior written authorization from Livin Barca.

The use of trademarks and logos on the Site does not grant, nor can it be construed as granting, permission to Users to use, directly or indirectly, such trademarks, logos or materials.

 

PERSONAL DATA

Browsing this Site does not necessarily require the provision of personal data, however, should the User wish to create a Customer Account at the Online Store, contact us through our contact form or subscribe to our newsletter, the data provided will be treated under the terms defined in the Privacy Policy, available here, and the use of such data is accepted under the terms therein provided.

 

RESPONSIBILITY AND GUARANTEES

You acknowledge that your use of the Site is at your sole risk and that you are solely responsible for any damage to your computer system and/or equipment or other damage or loss, including loss or damage to data, resulting from the use of the materials, content or information obtained in any way through the Site.

In particular, Livin Barca does not warrant that:

• The Site or any functionality available on the Site will meet any needs and expectations of the User;
• Any advice, recommendations or information, of any kind, for which Livin Barca is responsible, presented or made available on the Site, or obtained through its use, is current, accurate, complete or error-free – Livin Barca informs you that it assumes no legal duty in this regard;
• Any material or other content made available by third parties through the Site is safe, legal or appropriate;
• The qualities, functionality or characteristics of the products, services, information or other material or content disclosed on the Site meet any expectations of Users.

 

Livin Barca will not be responsible for errors that may occur due to system irregularities, failures (temporary or permanent) of the Site, its applications or other tools, nor will it be liable for any damages resulting from the misuse or inability to use the Site.

SITE OPERABILITY

Livin Barca may suspend, block, interrupt or terminate access to the Site in the following cases:

• When necessary due to technical, legal or strategic constraints;
• When necessary to guarantee the security, namely, of the communication channels, equipment or information;
• When necessary in the operations of management, maintenance, repair, alteration or modernization of the equipment, systems or any functionality of the Site;
• In other duly justified circumstances, including, namely, in case of non-compliance by the User with their obligations under these Terms of Use.

 

Livin Barca also has the exclusive right at any time to terminate, permanently or temporarily, partially or completely, at any time at its discretion, the Site or any of its features without notice.

LINKS

Livin Barca may make available links to the sites of other entities. These sites are not owned, operated or controlled by Livin Barca, and Livin Barca is not responsible for, does not approve or in any way endorse or endorse the content of such sites or the sites linked or referred to therein. The establishment of links does not imply, in any case, the existence of a relationship between Livin Barca and the owner or manager of the website to which the link refers.

The use of these links is the sole responsibility of the Users.

 

SECURITY

Livin Barca does not guarantee that the Site will function uninterruptedly, be free of errors or failures, or that it will be available continuously.

Livin Barca uses its best efforts to ensure that the Site is free of any viruses or other elements that may be dangerous to your computer. However, since Livin Barca cannot fully control the circulation of information through the Internet, Livin Barca cannot guarantee that it is free of viruses or other elements that may damage your computer.

To ensure the security of the Site, Livin Barca may, at any time and without prior notice, take the necessary steps to ensure the integrity, security, continuity or quality of the Site, including access restrictions or limitations.

 

VALIDITY OF THE TERMS AND CONDITIONS OF USE

If any part or provision of these Terms of Use is unenforceable or in conflict with applicable law, the validity of the remaining parts or provisions shall not be affected.

APPLICABLE LAW AND DISPUTE RESOLUTION

If you have any questions about these Terms of Use, you can contact Livin Barca through the contact form on the Site or by letter to EN 327, n.º 320, 3870-304, Torreira, Murtosa, Aveiro.

These Terms of Use are ruled by Portuguese law and, in case of dispute in the interpretation or application of these Terms of Use, the Civil Court of the District of Lisbon will have jurisdiction, expressly waiving any other.

 

Date of last update: January 2022