IMPORTANT - ELECTRONIC AGREEMENT

Please read carefully at this document before accessing and using this website. These terms of use constitute in a binding contract between:

HARLAND & POSTON – IMOBILIARIA, LDA, NIPC 514553952, with registered headquartered office at Praça da Alegria, 1 - 3.º, 1250-004 Lisbon, Portugal (hereinafter referred as “H&P”), is the entity responsible for the management of this website and respective services offered; and:

The user, whether as a singular persons or collective entity duly represented, who accesses the website and agrees to these Terms of Use. By accessing and using the website, the user expressly and unreservedly accepts the conditions set out in this document. Should the user not agree with the terms of use, the user should not access the website or use the associated services.

SUMMARY

1. Definitions
2. Treatment of Personal Data
3. Licensing of the Website
4. Access and Use of Website
5. Content and Functionality of Website
6. Liability
7. Website Management
8. Final Provisions

1. DEFINITIONS

For these Terms of Use, the terms and expressions set forward below will have the meanings assigned to them, regardless of whether they ae used in the singular or plural:  

1.1. Personal Data: Information relating to the user, identifiable or collected, processed by H&P for the purpose described in the Data Protection Policy, in accordance with the General Data Protection Regulation (Regulation EU 2016/679) and applicable legislation.

1.2. Device: Electronic equipment (such as computers, tablets, or smartphones) through which the user accesses the website, and the services provided.

1.3. H&P: Refers to HARLAND & POSTON - IMOBILIÁRIA, LDA., headquartered at Praça da Alegria, - 3rd floor, 1250-004 Lisbon, registered with VAT number 514553952, the entity responsible for management and provision of the website and its services.

1.4. Services: The featured content, functionalities, services made available to the user through the website.

1.5. Terms of Use: Refers to this document, which regulates the conditions of access to and use of the website and the services, including the rights, duties, and responsibilities of H&P and the user.

1.6. User: Refers to the individual or entity that accesses and uses the content and services of the website, accepting these Terms of Use, and is responsible for complying with the applicable provisions.

1.7. Website: Refers to the website www.hpinvest.com, made available by H&P, accessible via the internet, which allows access to the features, content, and services described in these terms of use.

2. PROCESSING OF PERSONAL DATA

2.1. The processing of Personal Data on the Website is regulated by the Privacy Policy, available at www.hpinvest.com.
2.2. The Website uses cookies to improve the browsing experience. Detailed information about cookies is available in the Privacy Policy.

3. LICENSING OF THE WEBSITE

3.1. The Website is provided "as is", developed with the interests of the users in mind. H&P does not guarantee that the Website will function uninterruptedly or that it will be free of errors or faults.

3.2. Access to the Website is provided by H&P free of charge, solely for the purpose of allowing the user to access the Services made available. H&P does not guarantee that the Services and features will meet the user's specific needs or expectations.

3.3. The licence granted to the user is personal, limited, non-exclusive, non-transferable, and revocable, solely for the purpose of allowing the use of the Website and the Services under the terms set out herein.

4. ACCESS AND USE OF THE WEBSITE

To use the Website, the user must:

1. Have access to the Internet and use a compatible browser;
2. Ensure that the Device used meets the technical requirements of the Website; and

3. Accept these Terms of Use.

    

4.1 USER OBLIGATIONS

The user agrees to:

1. Use the Website responsibly and in accordance with applicable law, not using it for commercial, illegal, or unlawful purposes, or purposes contrary to public order and good customs;
2. Ensure that their Device is secure and protected against potential threats, such as viruses or cyberattacks;
3. Refrain from performing any act that could compromise the functioning, security, or integrity of the Website, including introducing viruses, worms, trojans, or other malicious code;

4. Not reproduce, modify, distribute, decompile, or misuse any content, features, or elements of the Website without proper authorisation.

    

4.2 PROHIBITED ACTIONS

The user is expressly prohibited from:

1. Altering, manipulating, or decompiling the Website's source code;
2. Using the Website for fraudulent, abusive practices or practices that infringe the rights of H&P and/or third parties;
3. Practising scraping or any automated method of extracting data, content, or information provided on the Website;
4. Publishing, transmitting, or disseminating offensive, defamatory, obscene, fraudulent content or content that promotes violence or discrimination;
5. Using the Website in a manner that could compromise the reputation, integrity, or continuity of the Services.

5. WEBSITE CONTENT & FUNCTIONING

5.1. All content available on the Website is the exclusive property of H&P or has been granted to H&P by third parties with express authorisation. The user is prohibited from:

1. Copying, reproducing, or distributing the Website’s content without permission;
2. Using the content for commercial purposes or in violation of intellectual property rights.

5.2. H&P makes efforts to ensure that the content on the Website is accurate and up to date but does not guarantee that it is free from errors or omissions.

5.3. H&P does not guarantee that the Website will function correctly, continuously, or be free from errors or failures, and makes no warranty regarding the Website, including merchantability, suitability for a particular purpose, or non-infringement. The use of the Website is at the user’s own risk, and they are solely responsible for any damage caused to their Device or for other damages or losses, including the loss or damage of data, resulting from the use of the Website.

5.4. H&P reserves the right to update or modify the Website and its content at any time, without prior notice, which may include the temporary or permanent suspension of certain features. Whenever possible, H&P will seek to inform users in advance about significant changes.

6. LIABILITY

6.1. H&P shall not be held liable for any damages or losses arising from:

1. The Devices used by the user to access the Website;
2. The use or inability to use the Services and the Website, including, but not limited to, delays, interruptions, errors, interferences, and suspension of communications, omissions, viruses, bugs, and malfunctions;
3. Delays or blockages in use caused by deficiencies or overloads in Internet connections or other electronic systems;
4. Suspension, malfunction, or unauthorised use of the servers where the Website is hosted;
5. Delays, interruptions, improper functioning or failure of third-party systems or networks connecting to the Website;
6. Unauthorised actions by third parties;
7. Possible security flaws arising from the use of outdated or insecure terminal equipment or browsers, failures resulting from electronic communication services used by the user, as well as from the activation of devices that store passwords or identification codes;
8. Force majeure situations, such as, among others, natural disasters, armed conflicts, cyberattacks, telecom infrastructure failures, and governmental actions that may affect the Website's functioning;
9. Any information provided and does not guarantee that it is up-to-date, accurate, complete, free from errors, or appropriate, nor assumes any legal responsibility in this regard.

6.2. H&P shall not be responsible for any damages or losses, including, but not limited to, loss of profits, data, or any other losses, when such losses are not directly or indirectly attributable to H&P. It shall not be liable, particularly, for:

1. Errors, omissions, or inaccuracies in the information provided;
2. Damages caused by third parties, including their subcontractors;
3. Non-compliance or defective compliance resulting from court decisions or administrative authorities;
4. Any loss of profit, revenue, contracts, or savings, or any other indirect, incidental, special, or consequential damages.

6.3. H&P will not be held responsible for delays in the fulfilment of its obligations, non-performance, or defective performance if such failure is due to force majeure reasons.

6.4. H&P will not be directly or indirectly responsible for the content, security, and compliance of external platforms accessible from the Website.

6.5. LEGAL DISCLAIMER ON INVESTMENT RISKS

Investment carries risks - the information provided on the Website is for informational purposes only and does not constitute specific advice or a recommendation for any investment. The value of investments and the returns they generate may fall as well as rise, and the investor may not recover the initial amount invested.

Past performance is not a reliable indicator or guarantee of future results. The tax treatment of investments depends on each investor's personal circumstances and is subject to changes in the applicable tax legislation. It is recommended that investors consult a qualified tax advisor before making any investment to obtain a specific analysis of their financial situation.

The information provided on the Website does not consider the specific investment goals, financial situation, or needs of any individual or entity. Any investment decision should be made independently by the user, who is solely responsible for evaluating the risks involved and seeking appropriate professional advice based on their specific needs and objectives.

7. WEBSITE MANAGEMENT

7.1. H&P is responsible for managing the Website and may update, modify, or remove any content and features provided at any time, as well as modify its appearance, configuration, options, and functionalities.

7.2. H&P reserves the right to update, remove, or modify the configuration, options, and functionalities of the Website and access to the Services at any time, without prior notice, at its sole discretion.

7.3. H&P may, at any time, terminate, suspend, block, interrupt, or discontinue part or all of the Services, terminate the Website's licence, or impose restrictions or limitations on access due to technical, commercial, legal, strategic reasons, or breach of these terms by the user, including, but not limited to, in the following cases:

1.  When necessary to ensure the security, integrity, continuity, or quality of the Website and/or the Services;
2. When H&P has reasonable grounds to suspect that the Website is being used fraudulently or abusively by the user or a third party (whether with the user’s knowledge and/or consent) or if the user breaches any of these Terms of Use, their contractual and/or legal obligations;
3. Under other justified circumstances, including when the provision of the right to use the Website might lead to H&P violating contractual, legal, or regulatory obligations or as imposed by a decision of a competent authority;
4. If the user's use of the Website or any behaviour threatens the capacity or viability of its use or the use of third parties or access to the Services, H&P has the right to protect the Website in a manner it deems most appropriate.

7.4. H&P reserves the right to discontinue, in whole or in part, the Website at any time.

8. FINAL PROVISIONS

8.1. H&P may, at any time, change the Terms of Use. If you do not agree with any of the rules for using the Website, you should not use it. The user should store or print a copy of this document (as well as any documents referenced herein) for future reference.

8.2. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity of the remaining provisions, which shall remain fully valid and effective.

8.3. These Terms of Use shall be governed by Portuguese law, and in the event of a dispute regarding their interpretation or application, the Lisbon District Court shall have exclusive jurisdiction, with express waiver of any other.

8.4. H&P may transfer the use of the Website, in whole or in part, as well as its contractual position to third parties.