RAPID RESPONSE MECHANISM FOR HIGHER EDUCATION IN EMERGENCIES

Terms of Use

These Terms of Use ("Terms") govern your use of our platform.

As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software and that these Terms will apply to such updates.

Please read these Terms carefully, and contact us if you have any questions, requests for information, or complaints. By signing in through "login" (or for those who have not yet created an account using our Services), you agree to be bound by these Terms, including the policies referenced in these Terms.

PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR RIGHTS.

Use of APGES

Who may use

You may only use our platform if you can form a binding contract with APGES, and only in accordance with these Terms and all applicable laws. When you create your APGES account, and subsequently when using certain features, you must provide us with accurate and complete information, agreeing to update your information to keep it accurate and complete. Any use or access by anyone under the age of 18 is prohibited.

Security

We care about the safety of our candidates. While we work to protect the security of your account and related information, APGES cannot guarantee that unauthorized third parties will not be able to overcome our security measures. Notify us immediately of any breach or unauthorized use of your account by sending an email to secretariado@casadoregalo.pt.

Privacy

APGES respects all duties in protecting your privacy and your data in accordance with its available privacy policy.

Modification or Discontinuation

We are constantly changing and improving our services. We may add or remove functions, features or requirements, and may suspend (to the extent permitted by applicable law) or interrupt part of the operation. We reserve the right to discontinue the Services (or any portion or Content thereof) at any time and without notice.

You can stop using the platform at any time.

Disclaimers

To the fullest extent permitted by applicable legal provisions, the Services and all products and services made available to the Applicant through the Website are (except where otherwise indicated) made available in the "as is" state and "as available," and APGES makes no representation or warranty of any kind, express or implied, including as to its suitability for a particular purpose, ownership or non-infringement of third party rights.

No recommendation or information, verbal or written, of the APGES services will be construed as a guarantee of any kind, except as expressly stated in these Terms & Conditions.

To the extent permitted by applicable legal provisions, APGES shall not be liable to the Applicant for any direct or indirect damages or loss of profit:

(a) Resulting from the use or display of the platform;

(b) Resulting from (i) any judgment made by the Candidate regarding the integrity, accuracy or existence of any advertisement or any relationship or transaction made with an advertiser, whose advertising is present on the platform; (ii) any changes that APGES may make to the website or any permanent termination of the website; (iii) the removal, corruption or error of storage of any content or communication data stored or transmitted during the use of the website and/or the Services; (iv) direct or indirect breach of the Terms & Conditions; (v) non maintenance and confidentiality of the Applicant’s password or account details.

The liability of APGES for any damages or lost profits related to the platform, by its representatives, administrators, officers, employees, agents, subcontractors, service providers, employees and licensors, is limited to cases of wilful misconduct or gross negligence. If the Candidate disagrees, in whole or in part with the platform or with these Terms & Conditions, he or she may only stop using the platform, as it may be, and request the cancellation of the respective candidate account (if applicable).

These Terms & Conditions are without prejudice to any rights granted by applicable law and regulations, the application of which the Candidate may invoke as a consumer, whenever he maintains interactions and relates to APGES in this capacity.

Compensation

The Candidate agrees to indemnify, defend and disclaim any liability to APGES, as well as our related entities, representatives, administrators, officers, employees, agents, subcontractors, service providers, employees and licensors against any claim or claim for damages, including reasonable attorneys' fees, that is filed by a third party, due or arising out of the Applicant’s breach of these Terms & Conditions.

Applicable law and jurisdiction

The platform is managed by APGES, which is located in Lisbon, Portugal. The applicant agrees that these Terms will be governed by Portuguese law, excluding its conflict of laws provisions. In the event of any dispute relating to these Terms that is not subject to binding arbitration, the applicant and APGES shall submit to the personal jurisdiction and exclusive venue of the Lisbon district court.

General Terms

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will take effect immediately upon their publication by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, through a banner on the website, email notification, other method, or combination of methods. In all cases, continued use of the Services by the applicant after publication of such changes, with or without notice, constitutes binding acceptance of the revised Terms.

Partial application; Waiver

If it is found that a particular provision of these Terms is not applicable, this will not affect any other terms, which are considered for all applicable purposes. Failure to comply with these Terms, and if we do not take immediate action, does not indicate that we waive any rights we may have (such as acting in the future).

Content Providers. Our content providers and integrated service providers are third party beneficiaries of the Terms and may enforce the provisions of the Terms that concern them.

Use Policy

We may remove or edit inappropriate content or activities identified by us or reported to us. We may suspend, disable, or terminate a candidate’s access to all or part of the features separately.

You are prohibited from using our Services to share content that:

• Contains illegal content or promotes illegal activities with the intention of committing such activities.
• Contains credible threats or organize acts of violence in the real world. We do not allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.

  
  

• Set up some harassment. We encourage comments on people and matters of public interest, but abusive or inappropriate content directed at individuals is not allowed.
• Violate intellectual property, privacy, or other rights. Not share content that you do not have the right to share, claim content that you have not created as your own, or otherwise infringe or misappropriate the intellectual property or other rights of another person. Always assign the materials used or cited by you to the original copyright owner.
• That they set up Spam.

Do not share irrelevant or inappropriate advertising, promotional or solicitation content.

Otherwise, it violates the APGES Terms of Use.

Note that specific content offerings may have additional rules and requirements.

Nor is one allowed to:

• Do anything that violates local, national or international law or violates any of your contractual obligations or fiduciary duties.
• Share your password, let anyone other than you access your account, or do anything that could put your account at risk.
• Trying to access any other candidate’s account.
• Access, change, or use non-public areas of our systems unless specifically authorized to do so.
• Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
• Try to interfere with any candidate, host or network, for example by sending a virus, overloading, sending spam, or mail bomb.
• Use our services to distribute malware.
• Use our services or any functionality of the APGES platform for anything other than to complete online courses or for pedagogical purposes.
• Impersonate or misrepresent your affiliation with any person or entity.
• Encourage or help anyone to do any of the things in this list.

Copyright and Registered Trademark Policy

APGES respects intellectual property rights and expects our applicants to do the same when using the services. We reserve the right to suspend, deactivate, or terminate the accounts of applicants who repeatedly infringe or are repeatedly accused of infringing the copyright, trademark, or other intellectual property rights of third parties. If you believe in good faith that any material on the APGES platform infringes your copyright, please immediately send us a notice requesting that the material be removed or that access to it be blocked.

The notice shall include the following information:

• the physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right allegedly infringed;
• identification of the copyrighted work allegedly infringed (or, if several copyrighted works located on the platform are covered by a single notification, a representative list of such works);
• identification of the material claimed to have been infringed or the object of infringing activity, and information reasonably sufficient to allow APGES to locate the material on the platform;
• the name, address, telephone number and e-mail address (if available) of the complaining party;
• a statement that the complaining party believes in good faith that the use of the material is not authorized by the copyright owner, his agent, or the law; and
• a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

APGES also respects the trademark rights of third parties. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by APGES in its sole discretion. If you are concerned that someone may be using your trademark without proper permission on our Services, please email us at secretariado@casadoregalo.pt and we will review your submission. If we deem appropriate, we may remove offensive content, notify the individual who posted the content, and/or temporarily or permanently suspend or deactivate the individual’s account.

THE  LEGAL TEXT IS THE PORTUGUESE VERSION