SaphetyGov General Terms and Conditions of Use
Service Provider: Vortal - Comércio Electrónico, Consultadoria e Multimédia, S.A. with headquarters located at UPTEC, Parque de Ciência e Tecnologia da Universidade do Porto, Rua Alfredo Allen, 455/461, 4200-135, Paranhos (Porto), and offices at Edifício Visconde de Alvalade Rua Prof. Fernando da Fonseca, 3.º, 1600-616 Lisboa, with the Portuguese identification number 505 141 019 and social capital of €1.111.111,20, (hereinafter designated as “VORTAL”).
I. Scope and Object
Vortal is a company that manages e-procurement platforms, which is able to exercise, under the terms of the Portuguese law on electronic platforms - Law 96/2015, of August 17th - the management and operation activity of electronic platforms.
The current terms of use (hereinafter referred to as “Terms of Use”) regulate the terms and conditions of use of Vortal's electronic public procurement platform - SaphetyGov - available at http://www.saphetygov.com/ (hereinafter referred to as “SaphetyGov”), to users (hereinafter jointly referred to as “Users”).
The electronic platform SaphetyGov is a technological infrastructure composed of a set of applications, means and computer services required for the operation of electronic procedures for national public procurement, on which the established procedures are developed.
The use of SaphetyGov by the Users implies full and unreserved acceptance of these Terms of Use.
The acceptance of these Terms of Use does not replace the acceptance of the particular contractual conditions applicable to the products and services available in SaphetyGov’s private area or agreed upon with each User.
Vortal reserves the right to unilaterally modify, at any time, the Terms of Use, with 3 (three) days’ notice to the User, in SaphetyGov's public and private area.
II. SaphetyGov description
SaphetyGov makes available:
(i) To the Contracting entities the service of providing an electronic public procurement platform, support for the respective use and other advanced services, as contracted, in accordance with the procedures presented in the Public Procurement Code, with full respect for competition rules set portuguese and European legislation;
(ii) To the economic operators, free of charge, the basic services pursuant to the article 24 of the Law 96/2015, of August 17;
(iii) To the economic operators, upon payment, the advanced services, pursuant to the article 25 of the Law 96/2015, of August 17;
(iv) The consultation of the catalogue of products and services made available by Vortal via SaphetyGov;
(v) The access, electronically, to products and services, including demonstrations and potential of services assessment, free or not, under the terms and conditions described in these Terms of Use and in specific contractual conditions, if applicable; and
(vi) Consultation and / or management of the User's products and services.
Some of the functionalities referred in the previous points may be available only to Users registered in SaphetyGov, with their use being conditioned to the User’s profile in each case.
III. Registration and Access to SaphetyGov
As part of the registration process with SaphetyGov, the User must indicate the data requested in the registration form.
The User assumes full responsibility for the veracity, accuracy, timeliness and authenticity of the data provided during the registration process with SaphetyGov. The User also recognizes their responsibility, when applicable, for the creation / acceptance / update of access requests and for the respective access and profile management, whether permanent or temporary, of all users with access to your company / Business directory, and shall to this end, carry out all the necessary due diligence to identify users correctly.
For legitimacy verification, Vortal may confirm with the User the validity of the registration and / or request, electronically or in other format, supporting documents for said legitimacy. If not confirmed and / or validated, the registration may be refused by Vortal.
After the registration process, Vortal will send the User an email with the necessary instructions in order to confirm the registration and define an access password.
The username and password are non-transmissible and for exclusive knowledge and use by the User, who must ensure and protect their confidentiality and security under any circumstance, namely, by not revealing them to third parties and not operating under conditions that allow their decryption and copy. The User must ensure, in particular, that the terminal equipment used for accessing and using SaphetyGov is properly protected from malicious software. The User is also exclusively responsible for all activities that take place on or through his Account, carried out using the username and password, and agrees to immediately notify Vortal of any security breach in their Account, assuming all the risks inherent in the disclosure or misuse of the username or password.
Legitimate access to the various services available on the SaphetyGov platform requires the use of a user name (identification) and an access password defined by the User, this being their responsibility, although we recommend the setting of a strong password, by following the security guidelines below:
a) Comprised of, at least, 8 characters;
b) Does not contain the user name, the real name or the company name;
c) Does not contain a whole word;
d) Is significantly different to the previous passwords;
e) Is alphanumeric and includes special characters…
Vortal does not take responsibility for any loss or damage caused by abusive use of the username and password, that are not directly attributable to you on the counts of fraud or serious fault.
The eventual use of SaphetyGov by third parties using the username or password provided by Vortal to the User, with or without the latter's permission, is considered to be carried out by the User, unless proven otherwise.
Vortal reserves the right to restrict or limit access to SaphetyGov or part of the platform, namely due to technical constraints.
The User expressly acknowledges and accepts that the IP Network (Internet Protocol) constitutes a public electronic communications network susceptible to use by several clients and / or users and, as such, may be subject to computer overload, so Vortal does not guarantee access to SaphetyGov without interruptions, loss of information or delays.
Vortal also does not guarantee access to SaphetyGov in situations of unpredictable overload of the systems on which it supports itself or of force majeure (situations of an extraordinary or unpredictable nature as laid out in these Terms and Conditions, external to Vortal and that for this reason cannot be controlled.
In case of interruption of access to SaphetyGov due to unforeseen overload of the systems on which it supports itself, Vortal will undertake operation regularization as soon as possible.
Maintenance operations of the SaphetyGov electronic platform that limit the service availability, will be carried out between 00:00 and 8:00 am, on working days, or on Saturdays, Sundays and national holidays, at any time, in order to alleviate the constraints made to Users.
Except in duly justified cases of urgent maintenance, the maintenance operations referred to in the previous paragraph will be communicated to users, on the SaphetyGov platform homepage, 72 hours in advance, and communicated to IMPIC, I.P., within 24 hours after the its occurrence.
IV. Conditions of Use
The operations available at SaphetyGov must be carried out by Users aged 18 (eighteen) years or older.
The elements, information, instructions and orders communicated by the User via SaphetyGov enjoy full legal effects, and the User recognizes that the acquisitions and other electronic transactions carried out are binding, and lack of signature cannot be claimed as reason for non-compliance with any of the obligations assumed.
The User undertakes not to use SaphetyGov in a way that causes, or is likely to cause, the interruption of the availability of SaphetyGov or damage to its regular functioning and, also, to follow all legal provisions applicable to the use of SaphetyGov, namely not to practice or encourage the practice of unlawful or offensive acts of good practices, and must also follow the specific usage rules of the operations made available at SaphetyGov.
The User, in accordance with the applicable legislation and the Terms of Use, obliges not to use SaphetyGov under any circumstance, including, but not limited to, for the following purposes:
(i) make available, send, transmit any type of illegal content, namely, defamatory, deceptive, invasive of the privacy of third parties, that harms minors, interdicted or disabled or any third parties;
(ii) falsely representing or impersonating an individual or collective person;
(iii) producing or reproducing texts, data, images or programs with illegal, criminal, racist, profane, pornographic, obscene content, or that, in any way, may violate human rights or break the law;
(iv) transmit, reproduce, advertise the sale, offer, exchange or demand of any copy or way of obtaining a copy or way of using a copy of a computer program, musical work, videogram, written publication or any other work
protected by law about copyrights or industrial property, or any other material or information that may be legally protected or violates the rights of third parties, regardless of the support used, without having the respective rights of transmission, reproduction, advertising, use or authorization legally required;
(v) make available, transmit, send, in a negligent or guilty manner, any material that contains software viruses or any other computer code, files or programs whose purpose is to interrupt, destroy or limit the functionality of any computer or computer system (hardware and software) or telecommunication equipment, and also not to access or attempt access via SaphetyGov channels, sectors, communications or documents that are encrypted or protected by user name and passwords, digital certificates or other secret codes;
(vi) collect, store or make available, under any format, information about other Users.
The User is obliged, also, not to permit the use of SaphetyGov for the benefit (commercial or other), direct or indirect, of third parties, whether these third parties are customers, users of Vortal or others, without the prior written authorization of Vortal.
In case the User provides wrong, outdated, incomplete or false information, Vortal has the right, without any type of penalty:
(i) to suspend or cancel access to the SaphetyGov area that requires authentication for further use;
(ii) to cancel the supply of any other products or services made available, via SaphetyGov (or via another platform associated with SaphetyGov), simultaneously by Vortal to the same User;
(iii) to not allow the User's future access to any or any products or services made available on SaphetyGov by Vortal.
The User undertakes to make responsible and diligent use of SaphetyGov.
For security reasons, there may be operations carried out by the User that are subject to Vortal's acceptance.
Whenever the User makes a request through SaphetyGov and a deadline is in question, it will start counting from the moment Vortal accepts the request, regardless of the contracts and terms that the User has agreed with Vortal.
Acceptance of the request is understood as the communication in writing or by electronic means, of the same.
V. Adhesion to Products and Services
Through SaphetyGov, the User may subscribe, or communicate the intent to subscribe, to products and / or services if made available there and to which prices may be associated.
Each subscription made by the user in SaphetyGov is considered by Vortal as a manifestation of the intent to contract or an offer to contract, being, in this sense, always subject to acceptance by Vortal. After acceptance by Vortal, the User will receive a message, to the indicated contacts, with the data related to the request for subscription made.
Subscription requests for products and/or services submitted by the User through SaphetyGov constitute an agreement and intention to be bound and, if that is the case, to pay for such products and/or services. The User must read the applicable conditions in full and expressly declare to have read, understood and accepted the meaning and scope of the present general conditions of adhesion as well as any particular conditions that are applicable, including expressly consenting to the processing of personal data that is necessary for the execution of the contract, for the management of the contractual relationship.
The User's agreement and intention to be bound by subscriptions applies to all the records of every transaction submitted through SaphetyGov, including cancellation notices, policies, contracts and forms.
In order to access and keep electronic records, the User may be asked to have certain hardware and / or software, which will be of the User’s sole and exclusive responsibility.
The User acknowledges that the adhesion to products and / or services may require the use of other products or services not available at SaphetyGov or Vortal.
Vortal reserves the right, at all times, to remove, change and add products and services in SaphetyGov, without any type of penalty.
For the products and / or services that the User subscribes to through SaphetyGov, he is obliged to pay the respective price, in case they are not obligatorily made available free of charge, pursuant to Law No. 96/2015, of 17 August.
VI. Intellectual Property
The User acknowledges that SaphetyGov possesses confidential information and is protected by copyright and related rights, industrial property and other applicable legislation, with Vortal being the owner of the intellectual and industrial property rights of the Vortal Systems and Platforms, and also being the owner and having the license, authorization or assignment of rights over intellectual, industrial and image rights over its contents and services.
The User acknowledges that any content in the advertisement, highlight, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws regarding industrial property and other property protection laws, and as such any use of these contents may only take place under the express authorization of the respective owners.
The User obliges to fully respect the rights referred to in the preceding paragraphs, namely refraining from practicing any acts that may violate the law or those rights, such as reproducing, commercializing, transmitting or making available to the public those contents or any other unauthorized acts which have as their object the same content.
It is strictly forbidden to extract and / or systematically use part or all of SaphetyGov's content without prior and express authorization from Vortal. In particular, any form of data mining or use of other tools and / or instruments for the collection and extraction of data for the purpose of reusing parts of the Portal is prohibited without the prior and express authorization of Vortal. The User is also not allowed to create and / or publish databases containing information from SaphetyGov (e.g., prices and listings of products and / or services) without the prior and express authorization of Vortal.
Vortal has the right, at any time, and without prior notice, to change the content and configuration of SaphetyGov, without any penalty.
Disputes concerning online contracting and advertising, data protection, protection of minors and accessibility must be addressed to the competent Consumer Conflict Arbitration Center regarding the case in question.
VII. Suspension of access to SaphetyGov
Vortal may, at any time, suspend or immediately cease access to SaphetyGov (and, eventually, other tecgnical platforms associated and / or underlying SaphetyGov), when the User does not comply with the conditions of use present in this Terms of Use, in which case it will inform the User of this (before or after the suspension, depending on the seriousness of the facts that determine the suspension or termination of access).
The suspension or termination of access to SaphetyGov by Vortal, under the terms of the previous paragraph and point XI does not give the User or third parties the right to any reeimbursement or other compensation, and Vortal, to the maximum extent permitted by law, may not be liable or in any way held responsible, for any consequence resulting from the suspension, blocking or cancellation of access to the SaphetyGov electronic platform.
Vortal also reserves the right to, occasionally, restrict or temporarily suspend access to SaphetyGov, in whole or only part (and, eventually, to other technical platforms associated and / or underlying Vortal), for the purpose of carrying out operations such as maintenance, repair of features or introduction of features, products and services, in which case the restriction or temporary suspension will be limited to the period strictly necessary for carrying out the said action,s and carried out under the terms of numbers 12 and 13 of clause III.
VIII. Responsibility
Vortal is not responsible for any damage or harm resulting from non-compliance or defective compliance of these Terms of Use, when such is not directly or indirectly attributable to Vortal by way of intent or serious fault, and is not responsible in particular for:
(i) mistakes, omissions or other inaccuracies made available through SaphetyGov;
(ii) damages caused by fault of the User or third parties, including infringement of intellectual property;
(iii) non-compliance or defective compliance as result from compliance with judicial decisions or administrative authorities;
(iv) non-compliance or defective compliance as result from cases of force majeure, that is, situations of an extraordinary or unpredictable nature, outside of Vortal’s responsibility and control, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods, epidemic, other natural cataclysms or other situations not controlled by Vortal that prevent or hinder the compliance of the assumed obligations.
Vortal will go through with the reasonable efforts to protect the User information hosted on the infrastructures made available at SaphetyGov, including regarding fraudulent use, with the option of freely resorting to subcontracting other entities, namely with regard to cloud and storage.
The user must anticipate the actions on the SaphetyGov platform, especially those that have to occur within a set period, as a preventive way of not compromising the applicable terms, considering, for example, that the average time period for activating services and issuing certificates for authentication is 48 working hours;
The User must also consider and recognize that:
• checking information at SaphetyGov is the preferred method as automatic email sending is subject to several factors that may influence its delivery to the recipient (full mailbox, antivírus blocking, specific spam blocking programs, considered trash, etc.);
• any timer displayed on the platform (decreasing timer, timeline, etc.) is purely indicative, and the user must validate the corresponding date in the detail of the procedure, process, contest or other, and the User also has the option of being able to consult the time in UTC (Coordinated Universal Time);
• all the dates displayed on SaphetyGov are in accordance with the timezone defined by the User, and that the User always has the option to consult the time in UTC (Coordinated Universal Time).
IX. Clarification and Complaints
Complaints regarding Portal functioning must be presented to Vortal, within 30 (thirty) days starting from the date the User learned about the fact that originated the complaint, which must be addressed to the following contacts:
The contacts are as follows:
Customer Support: info@saphetygov.pt
Sales Department: fornecedores@saphetygov.pt
Quality: info@saphetygov.pt
X. Communications
The User agrees to receive any and all communications and / or notifications related to SaphetyGov, by cellphone contact, email address, and postal address indicated in the SaphetyGov registration process. At any moment you can request not to receive these communications. In this case, the User obliges to learn of any and all changes made to how SaphetyGov is made available, including any changes to the Terms and Conditions directly through the respective consultation at SaphetyGov. The User also obliges to be aware of the legal implications regarding the objection to receiving the communications, namely those provided in Law 96/2015 of August 17th.
The User obliges to notify Vortal, in writing, of any address and contact changes, in a maximum period of 30 (thirty) days starting from the date of the change, under risk of the User being served, for the purposes of what was stated in the previous number and under the terms of the law, at the address first indicated.
XI. Termination
SaphetyGov is made available for an indefinite period, and may be terminated by means of communication and / or notification by Vortal through electronic means, after all legally required formalities are fulfilled, namely those provided in Article 26 of Law 96/2015, August 17th.
XII. Data Protection
The personal identification data provided by the User in the SaphetyGov registration process that are identified as being mandatory, are indispensable to access SaphetyGov's functionalities. The omission or inaccuracy of the data provided is the User’s sole and entire responsibility and may be reason for the refusal of access and use of SaphetyGov.
The personal data made available will be processed and stored by computer and is intended to be used by Vortal as a part of the contractual and / or commercial relationship with the User, and may be used for the sale of Vortal equipment and services and for marketing purposes, including sending communications whose reception is independent of the recipient's intervention.
In the foreseen and authorized terms in the registration process, the data provided by the User may be communicated to third parties for the purpose of equipment and services commercialization, through any means, including sending communications whose reception is independent of the recipient´s intervention, in compliance with applicable legislation
Under the terms of the applicable legislation, the User is guaranteed, free of extra costs, the right to access, rectify and update the personal data provided to Vortal, directly or after written request, as well as the right to object to their use for the purposes indicated in the previous paragraphs.
The traffic and /or geographic location data may, if authorized by the User, be used by Vortal or made available by Vortal to third parties, in compliance with the applicable legislation, for purposes of service and / or equipment commercialization, as well as for the provision services of added value
SaphetyGov uses a secure channel where the data entered is encrypted during transmission, and offers the guarantee and safety that the information provided is not accessed by third parties.
By accessing SaphetyGov and selecting the access to one of the solutions, the User is directed to a login address with HTTPS protocol, so as to guarantee that the transmitted information between the user and the server isn’t viewed by third parties. This technology is an implementation of the HTTPS protocol over an additional layer of security that uses the SSL/TLS protocol. This additional layer allows the transmission of data through an encrypted connection and to verify the authenticity of the server and the client through the use of digital certificates.
However, the Internet is an open network, so personal data, and other personal information and all the content stored on SaphetyGov may circulate the network, at the risk of being accessible and used by third parties not authorized to do so, and Vortal cannot be held responsible for that access and misuse.
Vortal has a defined privacy policy, available at https://www.vortal.biz/personal-data-protection-policy/ and https://www.vortal.biz/general-conditions-of-access/, that the Client assumes the responsibility of taking knowledge and accepting.
Vortal has a defined cookies policy, available at https://www.vortal.biz/cookies-policy/, that the Client assumes the responsibility of taking full knowledge and accepting.
XIII. Applicable law
The Portuguese law on electronic platforms - Law 96/2015, of August 17, as well as all Portuguese and European legislation will be applicable in everything that is not provided for in these terms and conditions.
I. Scope and Object
Vortal is a company that manages e-procurement platforms, which is able to exercise, under the terms of the Portuguese law on electronic platforms - Law 96/2015, of August 17th - the management and operation activity of electronic platforms.
The current terms of use (hereinafter referred to as “Terms of Use”) regulate the terms and conditions of use of Vortal's electronic public procurement platform - SaphetyGov - available at http://www.saphetygov.com/ (hereinafter referred to as “SaphetyGov”), to users (hereinafter jointly referred to as “Users”).
The electronic platform SaphetyGov is a technological infrastructure composed of a set of applications, means and computer services required for the operation of electronic procedures for national public procurement, on which the established procedures are developed.
The use of SaphetyGov by the Users implies full and unreserved acceptance of these Terms of Use.
The acceptance of these Terms of Use does not replace the acceptance of the particular contractual conditions applicable to the products and services available in SaphetyGov’s private area or agreed upon with each User.
Vortal reserves the right to unilaterally modify, at any time, the Terms of Use, with 3 (three) days’ notice to the User, in SaphetyGov's public and private area.
II. SaphetyGov description
SaphetyGov makes available:
(i) To the Contracting entities the service of providing an electronic public procurement platform, support for the respective use and other advanced services, as contracted, in accordance with the procedures presented in the Public Procurement Code, with full respect for competition rules set portuguese and European legislation;
(ii) To the economic operators, free of charge, the basic services pursuant to the article 24 of the Law 96/2015, of August 17;
(iii) To the economic operators, upon payment, the advanced services, pursuant to the article 25 of the Law 96/2015, of August 17;
(iv) The consultation of the catalogue of products and services made available by Vortal via SaphetyGov;
(v) The access, electronically, to products and services, including demonstrations and potential of services assessment, free or not, under the terms and conditions described in these Terms of Use and in specific contractual conditions, if applicable; and
(vi) Consultation and / or management of the User's products and services.
Some of the functionalities referred in the previous points may be available only to Users registered in SaphetyGov, with their use being conditioned to the User’s profile in each case.
III. Registration and Access to SaphetyGov
As part of the registration process with SaphetyGov, the User must indicate the data requested in the registration form.
The User assumes full responsibility for the veracity, accuracy, timeliness and authenticity of the data provided during the registration process with SaphetyGov. The User also recognizes their responsibility, when applicable, for the creation / acceptance / update of access requests and for the respective access and profile management, whether permanent or temporary, of all users with access to your company / Business directory, and shall to this end, carry out all the necessary due diligence to identify users correctly.
For legitimacy verification, Vortal may confirm with the User the validity of the registration and / or request, electronically or in other format, supporting documents for said legitimacy. If not confirmed and / or validated, the registration may be refused by Vortal.
After the registration process, Vortal will send the User an email with the necessary instructions in order to confirm the registration and define an access password.
The username and password are non-transmissible and for exclusive knowledge and use by the User, who must ensure and protect their confidentiality and security under any circumstance, namely, by not revealing them to third parties and not operating under conditions that allow their decryption and copy. The User must ensure, in particular, that the terminal equipment used for accessing and using SaphetyGov is properly protected from malicious software. The User is also exclusively responsible for all activities that take place on or through his Account, carried out using the username and password, and agrees to immediately notify Vortal of any security breach in their Account, assuming all the risks inherent in the disclosure or misuse of the username or password.
Legitimate access to the various services available on the SaphetyGov platform requires the use of a user name (identification) and an access password defined by the User, this being their responsibility, although we recommend the setting of a strong password, by following the security guidelines below:
a) Comprised of, at least, 8 characters;
b) Does not contain the user name, the real name or the company name;
c) Does not contain a whole word;
d) Is significantly different to the previous passwords;
e) Is alphanumeric and includes special characters…
Vortal does not take responsibility for any loss or damage caused by abusive use of the username and password, that are not directly attributable to you on the counts of fraud or serious fault.
The eventual use of SaphetyGov by third parties using the username or password provided by Vortal to the User, with or without the latter's permission, is considered to be carried out by the User, unless proven otherwise.
Vortal reserves the right to restrict or limit access to SaphetyGov or part of the platform, namely due to technical constraints.
The User expressly acknowledges and accepts that the IP Network (Internet Protocol) constitutes a public electronic communications network susceptible to use by several clients and / or users and, as such, may be subject to computer overload, so Vortal does not guarantee access to SaphetyGov without interruptions, loss of information or delays.
Vortal also does not guarantee access to SaphetyGov in situations of unpredictable overload of the systems on which it supports itself or of force majeure (situations of an extraordinary or unpredictable nature as laid out in these Terms and Conditions, external to Vortal and that for this reason cannot be controlled.
In case of interruption of access to SaphetyGov due to unforeseen overload of the systems on which it supports itself, Vortal will undertake operation regularization as soon as possible.
Maintenance operations of the SaphetyGov electronic platform that limit the service availability, will be carried out between 00:00 and 8:00 am, on working days, or on Saturdays, Sundays and national holidays, at any time, in order to alleviate the constraints made to Users.
Except in duly justified cases of urgent maintenance, the maintenance operations referred to in the previous paragraph will be communicated to users, on the SaphetyGov platform homepage, 72 hours in advance, and communicated to IMPIC, I.P., within 24 hours after the its occurrence.
IV. Conditions of Use
The operations available at SaphetyGov must be carried out by Users aged 18 (eighteen) years or older.
The elements, information, instructions and orders communicated by the User via SaphetyGov enjoy full legal effects, and the User recognizes that the acquisitions and other electronic transactions carried out are binding, and lack of signature cannot be claimed as reason for non-compliance with any of the obligations assumed.
The User undertakes not to use SaphetyGov in a way that causes, or is likely to cause, the interruption of the availability of SaphetyGov or damage to its regular functioning and, also, to follow all legal provisions applicable to the use of SaphetyGov, namely not to practice or encourage the practice of unlawful or offensive acts of good practices, and must also follow the specific usage rules of the operations made available at SaphetyGov.
The User, in accordance with the applicable legislation and the Terms of Use, obliges not to use SaphetyGov under any circumstance, including, but not limited to, for the following purposes:
(i) make available, send, transmit any type of illegal content, namely, defamatory, deceptive, invasive of the privacy of third parties, that harms minors, interdicted or disabled or any third parties;
(ii) falsely representing or impersonating an individual or collective person;
(iii) producing or reproducing texts, data, images or programs with illegal, criminal, racist, profane, pornographic, obscene content, or that, in any way, may violate human rights or break the law;
(iv) transmit, reproduce, advertise the sale, offer, exchange or demand of any copy or way of obtaining a copy or way of using a copy of a computer program, musical work, videogram, written publication or any other work
protected by law about copyrights or industrial property, or any other material or information that may be legally protected or violates the rights of third parties, regardless of the support used, without having the respective rights of transmission, reproduction, advertising, use or authorization legally required;
(v) make available, transmit, send, in a negligent or guilty manner, any material that contains software viruses or any other computer code, files or programs whose purpose is to interrupt, destroy or limit the functionality of any computer or computer system (hardware and software) or telecommunication equipment, and also not to access or attempt access via SaphetyGov channels, sectors, communications or documents that are encrypted or protected by user name and passwords, digital certificates or other secret codes;
(vi) collect, store or make available, under any format, information about other Users.
The User is obliged, also, not to permit the use of SaphetyGov for the benefit (commercial or other), direct or indirect, of third parties, whether these third parties are customers, users of Vortal or others, without the prior written authorization of Vortal.
In case the User provides wrong, outdated, incomplete or false information, Vortal has the right, without any type of penalty:
(i) to suspend or cancel access to the SaphetyGov area that requires authentication for further use;
(ii) to cancel the supply of any other products or services made available, via SaphetyGov (or via another platform associated with SaphetyGov), simultaneously by Vortal to the same User;
(iii) to not allow the User's future access to any or any products or services made available on SaphetyGov by Vortal.
The User undertakes to make responsible and diligent use of SaphetyGov.
For security reasons, there may be operations carried out by the User that are subject to Vortal's acceptance.
Whenever the User makes a request through SaphetyGov and a deadline is in question, it will start counting from the moment Vortal accepts the request, regardless of the contracts and terms that the User has agreed with Vortal.
Acceptance of the request is understood as the communication in writing or by electronic means, of the same.
V. Adhesion to Products and Services
Through SaphetyGov, the User may subscribe, or communicate the intent to subscribe, to products and / or services if made available there and to which prices may be associated.
Each subscription made by the user in SaphetyGov is considered by Vortal as a manifestation of the intent to contract or an offer to contract, being, in this sense, always subject to acceptance by Vortal. After acceptance by Vortal, the User will receive a message, to the indicated contacts, with the data related to the request for subscription made.
Subscription requests for products and/or services submitted by the User through SaphetyGov constitute an agreement and intention to be bound and, if that is the case, to pay for such products and/or services. The User must read the applicable conditions in full and expressly declare to have read, understood and accepted the meaning and scope of the present general conditions of adhesion as well as any particular conditions that are applicable, including expressly consenting to the processing of personal data that is necessary for the execution of the contract, for the management of the contractual relationship.
The User's agreement and intention to be bound by subscriptions applies to all the records of every transaction submitted through SaphetyGov, including cancellation notices, policies, contracts and forms.
In order to access and keep electronic records, the User may be asked to have certain hardware and / or software, which will be of the User’s sole and exclusive responsibility.
The User acknowledges that the adhesion to products and / or services may require the use of other products or services not available at SaphetyGov or Vortal.
Vortal reserves the right, at all times, to remove, change and add products and services in SaphetyGov, without any type of penalty.
For the products and / or services that the User subscribes to through SaphetyGov, he is obliged to pay the respective price, in case they are not obligatorily made available free of charge, pursuant to Law No. 96/2015, of 17 August.
VI. Intellectual Property
The User acknowledges that SaphetyGov possesses confidential information and is protected by copyright and related rights, industrial property and other applicable legislation, with Vortal being the owner of the intellectual and industrial property rights of the Vortal Systems and Platforms, and also being the owner and having the license, authorization or assignment of rights over intellectual, industrial and image rights over its contents and services.
The User acknowledges that any content in the advertisement, highlight, promotion or mention of any sponsor or advertiser is protected by the laws regarding copyright and related rights, the laws regarding industrial property and other property protection laws, and as such any use of these contents may only take place under the express authorization of the respective owners.
The User obliges to fully respect the rights referred to in the preceding paragraphs, namely refraining from practicing any acts that may violate the law or those rights, such as reproducing, commercializing, transmitting or making available to the public those contents or any other unauthorized acts which have as their object the same content.
It is strictly forbidden to extract and / or systematically use part or all of SaphetyGov's content without prior and express authorization from Vortal. In particular, any form of data mining or use of other tools and / or instruments for the collection and extraction of data for the purpose of reusing parts of the Portal is prohibited without the prior and express authorization of Vortal. The User is also not allowed to create and / or publish databases containing information from SaphetyGov (e.g., prices and listings of products and / or services) without the prior and express authorization of Vortal.
Vortal has the right, at any time, and without prior notice, to change the content and configuration of SaphetyGov, without any penalty.
Disputes concerning online contracting and advertising, data protection, protection of minors and accessibility must be addressed to the competent Consumer Conflict Arbitration Center regarding the case in question.
VII. Suspension of access to SaphetyGov
Vortal may, at any time, suspend or immediately cease access to SaphetyGov (and, eventually, other tecgnical platforms associated and / or underlying SaphetyGov), when the User does not comply with the conditions of use present in this Terms of Use, in which case it will inform the User of this (before or after the suspension, depending on the seriousness of the facts that determine the suspension or termination of access).
The suspension or termination of access to SaphetyGov by Vortal, under the terms of the previous paragraph and point XI does not give the User or third parties the right to any reeimbursement or other compensation, and Vortal, to the maximum extent permitted by law, may not be liable or in any way held responsible, for any consequence resulting from the suspension, blocking or cancellation of access to the SaphetyGov electronic platform.
Vortal also reserves the right to, occasionally, restrict or temporarily suspend access to SaphetyGov, in whole or only part (and, eventually, to other technical platforms associated and / or underlying Vortal), for the purpose of carrying out operations such as maintenance, repair of features or introduction of features, products and services, in which case the restriction or temporary suspension will be limited to the period strictly necessary for carrying out the said action,s and carried out under the terms of numbers 12 and 13 of clause III.
VIII. Responsibility
Vortal is not responsible for any damage or harm resulting from non-compliance or defective compliance of these Terms of Use, when such is not directly or indirectly attributable to Vortal by way of intent or serious fault, and is not responsible in particular for:
(i) mistakes, omissions or other inaccuracies made available through SaphetyGov;
(ii) damages caused by fault of the User or third parties, including infringement of intellectual property;
(iii) non-compliance or defective compliance as result from compliance with judicial decisions or administrative authorities;
(iv) non-compliance or defective compliance as result from cases of force majeure, that is, situations of an extraordinary or unpredictable nature, outside of Vortal’s responsibility and control, such as fires, power cuts, explosions, wars, riots, civil insurrections, government decisions, strikes, earthquakes, floods, epidemic, other natural cataclysms or other situations not controlled by Vortal that prevent or hinder the compliance of the assumed obligations.
Vortal will go through with the reasonable efforts to protect the User information hosted on the infrastructures made available at SaphetyGov, including regarding fraudulent use, with the option of freely resorting to subcontracting other entities, namely with regard to cloud and storage.
The user must anticipate the actions on the SaphetyGov platform, especially those that have to occur within a set period, as a preventive way of not compromising the applicable terms, considering, for example, that the average time period for activating services and issuing certificates for authentication is 48 working hours;
The User must also consider and recognize that:
• checking information at SaphetyGov is the preferred method as automatic email sending is subject to several factors that may influence its delivery to the recipient (full mailbox, antivírus blocking, specific spam blocking programs, considered trash, etc.);
• any timer displayed on the platform (decreasing timer, timeline, etc.) is purely indicative, and the user must validate the corresponding date in the detail of the procedure, process, contest or other, and the User also has the option of being able to consult the time in UTC (Coordinated Universal Time);
• all the dates displayed on SaphetyGov are in accordance with the timezone defined by the User, and that the User always has the option to consult the time in UTC (Coordinated Universal Time).
IX. Clarification and Complaints
Complaints regarding Portal functioning must be presented to Vortal, within 30 (thirty) days starting from the date the User learned about the fact that originated the complaint, which must be addressed to the following contacts:
The contacts are as follows:
Customer Support: info@saphetygov.pt
Sales Department: fornecedores@saphetygov.pt
Quality: info@saphetygov.pt
X. Communications
The User agrees to receive any and all communications and / or notifications related to SaphetyGov, by cellphone contact, email address, and postal address indicated in the SaphetyGov registration process. At any moment you can request not to receive these communications. In this case, the User obliges to learn of any and all changes made to how SaphetyGov is made available, including any changes to the Terms and Conditions directly through the respective consultation at SaphetyGov. The User also obliges to be aware of the legal implications regarding the objection to receiving the communications, namely those provided in Law 96/2015 of August 17th.
The User obliges to notify Vortal, in writing, of any address and contact changes, in a maximum period of 30 (thirty) days starting from the date of the change, under risk of the User being served, for the purposes of what was stated in the previous number and under the terms of the law, at the address first indicated.
XI. Termination
SaphetyGov is made available for an indefinite period, and may be terminated by means of communication and / or notification by Vortal through electronic means, after all legally required formalities are fulfilled, namely those provided in Article 26 of Law 96/2015, August 17th.
XII. Data Protection
The personal identification data provided by the User in the SaphetyGov registration process that are identified as being mandatory, are indispensable to access SaphetyGov's functionalities. The omission or inaccuracy of the data provided is the User’s sole and entire responsibility and may be reason for the refusal of access and use of SaphetyGov.
The personal data made available will be processed and stored by computer and is intended to be used by Vortal as a part of the contractual and / or commercial relationship with the User, and may be used for the sale of Vortal equipment and services and for marketing purposes, including sending communications whose reception is independent of the recipient's intervention.
In the foreseen and authorized terms in the registration process, the data provided by the User may be communicated to third parties for the purpose of equipment and services commercialization, through any means, including sending communications whose reception is independent of the recipient´s intervention, in compliance with applicable legislation
Under the terms of the applicable legislation, the User is guaranteed, free of extra costs, the right to access, rectify and update the personal data provided to Vortal, directly or after written request, as well as the right to object to their use for the purposes indicated in the previous paragraphs.
The traffic and /or geographic location data may, if authorized by the User, be used by Vortal or made available by Vortal to third parties, in compliance with the applicable legislation, for purposes of service and / or equipment commercialization, as well as for the provision services of added value
SaphetyGov uses a secure channel where the data entered is encrypted during transmission, and offers the guarantee and safety that the information provided is not accessed by third parties.
By accessing SaphetyGov and selecting the access to one of the solutions, the User is directed to a login address with HTTPS protocol, so as to guarantee that the transmitted information between the user and the server isn’t viewed by third parties. This technology is an implementation of the HTTPS protocol over an additional layer of security that uses the SSL/TLS protocol. This additional layer allows the transmission of data through an encrypted connection and to verify the authenticity of the server and the client through the use of digital certificates.
However, the Internet is an open network, so personal data, and other personal information and all the content stored on SaphetyGov may circulate the network, at the risk of being accessible and used by third parties not authorized to do so, and Vortal cannot be held responsible for that access and misuse.
Vortal has a defined privacy policy, available at https://www.vortal.biz/personal-data-protection-policy/ and https://www.vortal.biz/general-conditions-of-access/, that the Client assumes the responsibility of taking knowledge and accepting.
Vortal has a defined cookies policy, available at https://www.vortal.biz/cookies-policy/, that the Client assumes the responsibility of taking full knowledge and accepting.
XIII. Applicable law
The Portuguese law on electronic platforms - Law 96/2015, of August 17, as well as all Portuguese and European legislation will be applicable in everything that is not provided for in these terms and conditions.