Welcome to OVER THE SEA.
- OVER THE SEA, LDA., (hereinafter referred to as OVER THE SEA), is a commercial company with headquarters at Avenida do Atlântico, 16, 14.08, 1990-019 Lisbon, holder of NIPC 518315282 and with a registered capital of 1,000.00€.
- The term “USER” refers to anyone who accesses and/or uses this Website.
- OVER THE SEA is responsible for the control and processing of your personal data on this Website, implicit in all references to “we”, “us”, “our” and “OVER THE SEA”.
- By using the Website, products and services provided by OVER THE SEA, the User already recognizes and accepts that they are bound by the Terms and Conditions, including the additional Terms and Conditions and the respective Privacy and Cookie Policies.
- If you do not wish to be bound by these Terms and Conditions, you should not order the products and services and/or use the features available on the OVER THE SEA Website.
- The Terms and Conditions are applicable to all Users of this platform and its services, including, without limitation, visitors, suppliers, customers and others not specifically identified.
- By agreeing to the Terms and Conditions, the User declares that, by accessing its functionalities of this Website and contracting its services, they are of legal age to, in accordance with their personal law, provide consent and become contractually bound.
- OVER THE SEA reserves the right to refuse to provide features and services to anyone for any reason and at any time.
- OVER THE SEA may update, modify or replace any part of these Terms and Conditions and the Privacy Policies associated with them, announcing these modifications in its own place, and it is also the User's responsibility to check periodically for any changes.
- Access and continued use after the publication of any updates, modifications, or replacements of the Platform Conditions and the policies associated with them, with the exception of the privacy policy, constitutes acceptance of and agreement with those updates, modifications, or replacements.
These Terms and Conditions govern the use of the Website of OVER THE SEA and provide information about our services. When the user browses our Website or selects any of our services, they implicitly agree to these Terms and Conditions.
OVER THE SEA OFFERS DIFFERENT SERVICES WITH EXCLUSIVE POLICIES, TERMS AND CONDITIONS.
MAKE SURE YOU READ THEM CAREFULLY.
- Website privacy policy
All personal information or content that is sent to the OVER THE SEA Website is subject to the privacy and personal data protection policy, established in the Privacy Policy contained in this Website. The User may not use software tools to collect personal information, namely, robots, crawlers or other automatic mechanisms.
- Transmission
Any communications or non-personal content that the User transmits to this Website by electronic mail or by any other means, including any data, questions, comments, suggestions or similar, constitute non-confidential and unprotected information and will be treated as such. By using our Website, the User confirms that accepts the Terms and Conditions of use and that agrees to comply with them. If you do not agree to these Terms, you should not use the OVER THE SEA Website.
- Acceptance of terms
You can accept the Terms and Conditions by simply browsing our Website. You understand and agree that OVER THE SEA will recognize your use as immediate acceptance of the Terms and Conditions. You cannot use the OVER THE SEA Website or accept the Terms and Conditions if you are not of legal age to link this agreement with OVER THE SEA, or if you are legally prevented or prohibited from receiving our services in accordance with the laws of the country in which you reside or from where you access our services.
- Full agreement
These Terms and Conditions, including their Privacy and Cookie policies, constitute the complete agreement between the User and OVER THE SEA regarding the use of the respective platform and associated services.
Your Policies are an integral part of these Terms and Conditions, and they cannot be separated from those. The entry into force of new Policies after the date of these Conditions will result in the amendment of these Terms and Conditions by integrating them.
In the event of a contradiction or disagreement between the documents that make up these Conditions, these take precedence over the Policies.
- Statements and Warranties
In the event that any provision of these Terms and Conditions is declared illegal, void or ineffective by a competent court, such provision will be replaced, in whole or in part, by another that is enforceable, so as to reflect as closely as possible the terms of the clause in question.
The User agrees to guarantee the position of OVER THE SEA, defending it, as well as its governing bodies, managers, employees, partners, agents, contracted service providers, interns, suppliers, licensors from any claim or demand made by any third party, resulting from their violation of these Terms and Conditions or the Policies that integrate the operating mode of this platform, as well as the violation and/or violation of any law or third party rights.
The lack of requirement, at any given time, for the User to comply with any of their contractual obligations established here does not imply a waiver of any rights, nor does it constitute the acquisition of a right by the User.
OVER THE SEA may terminate these Terms and Conditions and associated Policies, without prior notice, in the following situations:
- If the User commits a serious violation of these Conditions;
- If any other situation of non-compliance occurs that may prevent or affect these Terms and Conditions in a relevant way;
- If there is a violation of Intellectual Property rights;
With the resolution of these Conditions, the User is no longer able to use this platform and the associated services.
- Exclusion of Warranties and Limitation of Liability
The User agrees that OVER THE SEA has no responsibility, direct or indirect, for the use that the User makes of the products and services provided to him, and the User is solely and exclusively responsible for the use of the same.
The User accepts and expressly declares that, under no circumstances, OVER THE SEA, its corporate bodies, managers, employees, partners, agents, contracted service providers, interns, suppliers or licensors will be responsible for any direct, indirect, incidental, punitive or other damages, including, without limitation, lost profits, loss of revenue, loss of data, replacement costs or any similar damages, whether based on a contract, wrongful act with or without intent, resulting from use, or related to it, of any services purchased, including, but not limited to, any errors or omissions in any content published, transmitted, or otherwise made available, and if so decided by a competent court, the liability of OVER THE SEA will be restricted to a limit that will never exceed the maximum limit of the amount established for the national minimum wage deducted from the amount of the Consumer Price Index.
- Intellectual property
The User acknowledges that ownership and title to all intellectual property rights, including, in particular, the rights to the software, codes (source, object, etc.), copyrights, registered trademarks and trade secrets, are and will remain the property of OVER THE SEA.
Likewise, the workflow processes, user interface, designs, know-how, and other technologies provided by OVER THE SEA as part of the service are the property of OVER THE SEA, as are all rights, titles, and interests related thereto, including all associated intellectual property rights, which remain solely with OVER THE SEA.
The use of the products and services provided by OVER THE SEA does not grant the User any license to the said rights, nor can it be presumed, at any time, that they grant.
These Terms and Conditions do not grant the User any rights to use any brands and/or logos belonging to OVER THE SEA.
The User will not copy, translate, disassemble or decompile, or create or attempt to create, reverse engineering or otherwise, the source code and/or object of OVER THE SEA.
The User will not remove any confidentiality or Intellectual Property notices.
OVER THE SEA guarantees that, to the best of its knowledge and belief, it does not violate any intellectual property rights of third parties.
OVER THE SEA reserves all rights that are not expressly provided for and listed in this clause, and cannot, at any time, be interpreted in a different sense, and should always be interpreted in the sense that the use in question is expressly prohibited by OVER THE SEA.
- Security
The User is responsible for obtaining, maintaining and paying for the necessary licenses for all the hardware and software they use made available by OVER THE SEA through a prior contract.
OVER THE SEA will take the necessary technological measures aimed at the effective protection of computer systems and related hardware, namely, with regard to viruses, worms, trojans and spyware and other malicious software.
If OVER THE SEA culpably fails to execute this obligation, it will be responsible for any losses that the User may incur.
The User should use the Website and the associated services in accordance with the instructions of OVER THE SEA and obligations of these Terms and Conditions, also undertaking to implement the necessary and appropriate security measures to protect the systems and services that may be provided by OVER THE SEA.
If there is a security breach, regardless of whether or not it jeopardizes the security and integrity of the data and systems of any of the Parties, the Party, who is aware of it, must immediately inform the other Party of the situation.
If there are suspicions that the security breach sought to delete, alter, destroy, in whole or in part, damage, suppress, or make programs or other computer data unusable or inaccessible, obstruct, prevent, interrupt, or seriously disrupt the operation of the computer system, through the introduction, transmission, deterioration, damage, alteration, deletion, impediment to access or suppression of programs or other computer data or any other form of interference with a computer system, or sought to access or to illegitimately intercept computer systems, the affected Party must file the respective complaint with the competent authorities.
- Prohibited activities
The following actions are expressly prohibited to the User:
- Sell, resell, redistribute, sublicense, rent or lease the products and services provided by OVER THE SEA, in whole or in part, unless otherwise provided for in the context of an order or other written agreement with OVER THE SEA;
- Use the products and services provided by OVER THE SEA to store or transmit illegal or illegal material;
- Use the products and services provided by OVER THE SEA to store or transmit material that violates the rights of third parties;
- Interfering with or interrupting the integrity or execution of the services;
- Seeks to obtain unauthorized access to the products and services provided exclusively by OVER THE SEA and/or its computer systems;
- Decompile, disassemble, reverse engineer the products and services provided by OVER THE SEA;
- Seek to obtain the source code, modify, decrypt, or create derivative works from the products and services provided by OVER THE SEA or any services provided within its scope or otherwise provided under the terms of this Agreement;
- Access or use the products and services provided by OVER THE SEA to build a competing service and/or product, or copy any resource, function, or graphic for competitive purposes.
If the User violates any of the above-mentioned provisions, in addition to the right of OVER THE SEA to immediately resolve these Terms and Conditions, the User undertakes to compensate OVER THE SEA in an amount never less than 250,000.00€ (two hundred and fifty thousand euros), without prejudice to the right to seek additional compensation in court for losses and damages, namely compensation paid to third parties and expenses with courts and forensic representation.
Failure to comply with the obligation of this clause will correspond to just cause for immediate termination of the Terms and Conditions.
- Applicable law and jurisdiction
These Terms and Conditions, as well as the associated Policies, are governed by the applicable provisions of Portuguese law.
For the resolution of any dispute arising from the Terms and Conditions, as well as the associated Policies and that is not resolved by agreement, exclusive jurisdiction is granted to the District Court of Lisboa with express waiver of any other, unless a court of specialized jurisdiction overrides by virtue of the law.
Both the User and OVER THE SEA assume that they will use their best efforts to resolve in a timely manner and by agreement any dispute that may arise under the Terms and Conditions, as well as the Policies.
- Disclaimer update
OVER THE SEA reserves the right to make any changes and corrections to these Terms and Conditions. Please visit this page regularly to review this information and additional new information.
- Communications
By accepting these Terms and Conditions, the User expressly accepts any communications that are made by OVER THE SEA within the scope of the services that they may request electronically to the email address indicated by the User in their registration.
The User may contact OVER THE SEA at the following email address: overthesea@otsrelocation.com
THE USER DECLARES TO HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AS WELL AS THEIR POLICIES AND SPECIFIC CONDITIONS, AND THAT IT HAD THE OPPORTUNITY TO SEEK LEGAL ADVICE BEFORE ACCEPTING IT.
IT FURTHER ACKNOWLEDGES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RELATIONSHIP BETWEEN ITSELF AND OVER THE SEA AND THAT IT DEROGATES FROM ANY PREVIOUS PROPOSAL OR AGREEMENT, WHETHER WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN ITSELF AND OVER THE SEA, RELATING TO THE SUBJECT MATTER OF THIS PROTOCOL.
LATEST VERSION: 12/11/2024
