Terms and Conditions

Preamble

Please read these Terms and Conditions carefully before using the Service.

Graphenest, S.A., (hereafter “Graphenest , S.A.”, “us”, “we”, or “our”) owns and operates the website https://graphenest.com website (the “Service” or “Website”). We are a public limited liability company, with registered office at Lugar de Estação, Edificio VougaPark, 3740-070 Paradela do Vouga, and with share capital of € 119.553,60, with tax identification number n. º 513542850, registered at the Commercial Registry of Lisbon, under the same number.

The User (hereinafter the “User” or “Users”) must accept the Terms and Conditions (hereinafter “Terms”) and therefore is advised to read them carefully as they contain important information regarding the rights and obligations of the User and constitute a binding agreement between the User and Graphenest, S.A.

The User undertakes full responsibility for use of the Website according to the rules contained in these Terms and in accordance with the legislation in force in Portugal.

For any clarification regarding these Terms, the User should contact Graphenest, S.A., through the contacts indicated on the Website, namely by emailing contact@graphenest.com or by sending a letter addressed to Lugar de Estação, Edificio VougaPark, 3740-070 Paradela do Vouga.

Graphenest, S.A., reserves the right to deny or withdraw access to the Service, at any time and without prior notice, to any User who fails to comply with the provisions of these Terms.

To use our Website, the User declares that he/she:

1. has read and fully and unreservedly accepted these Terms;
2. is over eighteen (18) years old;
3. is not legally precluded from being bound in relation to third parties;

 

Rules of Use of the Website

The User agrees to make correct use of our Service in accordance with the applicable law, with these Terms, as well as with the other conditions, regulations and instructions that may be applicable.

The access to our Service for illicit or unauthorized purposes is not allowed, and consequently will be the responsibility of the user. In particular, but not exclusively, it is forbidden to:

• Use the content of our Service for purposes contrary to the law, good faith, morality, and public order;
• Use of our Service in a way that may cause damage or alterations in the operation of Graphenest, S.A., or third parties’ equipment and servers;
• Use our Service to install or transmit any virus or other harmful programs;
• Breach, or attempt to breach, the security or authentication measures of our Service or any network connected to our Service, or the security or protection measures inherent in the content offered on the Service.

The breach of any of the above obligations by the User may lead to the adoption by Graphenest, S.A., of lawful and appropriate measures.

If the User finds any information or content on our Service that may be inappropriate, contrary to current regulations, or contrary to this Terms, please inform Graphenest, S.A., immediately through the contact details listed above.

On the other hand, the User is responsible that the information provided to through our Website is true and accurate. To this effect, the User is responsible for the accuracy of all the data that he/she communicates and will keep the information provided conveniently updated, in such a way that it corresponds to his/her real situation. The User will be responsible for any false or inaccurate information provided and for any damages caused to us or third parties.

Industrial and Intellectual Property

All material on our Website (such as text, photographs, graphics, images, technology, software, links, audio-visual or sound content, graphic design, source code, etc.), are protected by copyright laws, and other applicable laws of each country. Graphenest, S.A., intellectual property rights (including copyright, trademark rights and patent rights) will remain the exclusive property of Graphenest, S.A.

With the exception of personal data that Graphenest, S.A., may collect in accordance with our Privacy Policy, any information, ideas or materials of any nature that are provided to Graphenest, S.A., by the User, shall be considered public and non-confidential and may be used freely and free of charge by Graphenest, S.A., as well as by the parent company, subsidiaries or branches.

By providing the information or contents in the manner and with the consequences described above, the User guarantees that it is not violating any third-party rights, nor infringing any legal or regulatory provision, and the User fully and exclusively assumes any liability that may arise from the provision of said information or contents and the consequences derived from said provision with regard to the two preceding paragraphs.

Hyperlinks To Other Web Sites

Our Service may contain hyperlinks to third-party websites or services that are not owned or controlled by Graphenest, S.A.

Graphenest, S.A., does not warrant the accuracy, completeness or authenticity of the information contained in any such hyperlink or any other website. The risks associated with visiting such linked websites are entirely for the account of the User.

The possible provision on the Website of hyperlinks (“Links”) to third party websites or to content made available by these websites is included on the Website for information purposes only and for User’s convenience. Graphenest, S.A., does not control the other websites and is therefore not responsible for these other websites or their content or products (including, without limitation, the reference to social networks) and is not liable for any damage or loss that may result from the use of other websites by the User, as well as for the processing of personal data carried out by third parties during internet browsing operations.

Access to any other websites, through a link existing on the Website, will be carried out at the sole responsibility and risk of the User.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Protection of Personal Data and Privacy

Any processing of personal data carried out by Graphenest, S.A., in the context of the use of the Website will be carried out in compliance with the applicable legislation on personal data, namely Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation or ‘GDPR’) and Law no. 58/2019, of 8 August, which ensures the implementation of the GDPR in the Portuguese legal system. For more information about how Graphenest, S.A., collects and processes the User’s personal data, please see our Privacy Policy.

Graphenest, S.A., uses cookies on the Website. The use of non-essential cookies always requires the User’s prior consent. For more information, please see our Cookie Policy.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

Limitation Of Liability

In no event shall Graphenest, S.A., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Graphenest, S.A., its subsidiaries, affiliates, and its licensors do not warrant that a) the service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements.

Graphenest, S.A., expressly disclaims all liability for direct, indirect, incidental or special damages resulting from, or in any related to, your access to or use of the service, including, but not limited to, loss or damage caused by computer viruses or from the use of information in the service.

Graphenest, S.A., shall not be liable for any inconveniences or damages caused to the user, such as, for example, the interruption of access to the website or any other service provided through it, its external intrusion, malfunctions or disconnections of the operating system that may temporarily interrupt access, navigation and the provision of services to users through the service, nor for any computer viruses that may infect the device through which the user or purchaser accesses the service or for any other event of force majeure.

Graphenest, S.A., will seek to ensure that all information contained in the service is accurate and up to date. However, the use of this service and the information available therein is at your sole risk.

 

Governing Law

These Terms shall be governed and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

For the resolution of any disputes arising from contractual relations to which these Terms apply, or disputes of a contractual or non-contractual nature that are in any way connected with the services provided through our Service, the court of the district of the registered office of Graphenest, S.A., shall have jurisdiction.

In the event of a consumer dispute, as established by Law 144/2015 of 8 September, as amended, the consumer may also use the European Online Dispute Resolution platform (available at http://ec.europa.eu/consumers/odr) or the following alternative consumer dispute resolution bodies:

1. CNIACC – National Center for Information and Arbitration of Consumer Conflicts (www.arbitragemdeconsumo.org);
2. CIMAAL – Algarve Consumer Conflict Information, Mediation and Arbitration Center (www.consumidoronline.pt/);
3. CACRC – Center for Arbitration of Consumer Conflicts of the District of Coimbra (www.centrodearbitragemdecoimbra.com);
4. CACCL – Centro de Arbitragem de Conflitos de Consumo de Lisboa (www.centroarbitragemlisboa.pt);
5. CICAP – Centro de Informação de Consumo e Arbitragem do Porto (www.cicap.pt);
6. TRIAVE – Centro de Arbitragem de Conflitos de Consumo do Vale do Ave/Tribunal Arbitral (www.triave.pt);
7. CIAB – Consumer Information, Mediation and Arbitration Center (Tribunal Arbitral de Consumo) (www.ciab.pt);
8. CACC RAM – Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira (https://www.madeira.gov.pt/cacc/Estrutura/O-Centro-de-Arbitragem); and
9. CAUAL – Centro de Arbitragem da Universidade Autónoma de Lisboa (https://arbitragem.autonoma.pt/).

For more information consult the Consumer Portal at www.consumidor.pt.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.