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Waiver

Owner business identification

This web page, using the address: www.endesa.pt  if property of Endesa.
 
Endesa, S.A. has registered offices in Madrid, at rua Ribera del Loira nº 60, and is registered in Madrid's Commercial Register, Vol. 418, general nº 51 of section 3ª of the Book of Companies, sheet 80, sheet number 434, with ref. number A-28023430.
 
Hereinafter identified indiscriminately as Endesa the Supplier.
 

Access to and use of the Portal

By using this Portal, you are considered a User of the Portal (hereinafter referred to as: "the User") and this shall imply the full and unreserved acceptance of each and every one of the General Terms and Conditions published by ENDESA at the time in which you access the Portal, without prejudice to the acceptance of the special provisions that, whenever necessary, shall apply. Any use other than that for which authorisation has been granted is expressly prohibited. Endesa reserves the right, at any time and without prior notice, to rescind the User's access to the Portal, in the event of non-compliance with the general terms and conditions or the special provisions that are applicable.
 
Access to and use of the Portal shall be free for Users and shall not require the prior, standard registration thereof. However, access to and use of specific information and services offered through the Portal shall only be possible for Users who have registered. The User agrees to be diligent in their use and not to furnish third parties with their user name or password. The User further agrees to inform ENDESA S.A., as quickly as possible, of the loss, theft or any other access risk associated thereto brought about by third parties.
 

Ownership of the content

All information on this website, including any type of content, text, images, graphic designs or codes including, but not limited to, HTML, JAVA, JAVA Script or Active X is the intellectual and industrial property of ENDESA, and is protected by Portuguese and Community Legislation and by international conventions, in particular Copyright and Associated Rights and by the Industrial Property Law. The said business alone shall exclusively be entitled to exercise the rights of explorations relating to the intellectual property mentioned, in any form, and, in particular, the rights relating to the reproduction, distribution, publishing and transformation. ENDESA does not assign, either partially or wholly, or grant license or authorisation to the Users in respect of intellectual or industrial property rights, or rights of any other nature, with regard to the Portal.
 

Duration and term

Access to and use of the Portal is, in principle, available for an indefinite period of time. Notwithstanding the foregoing, ENDESA reserves the right to terminate or suspend access to, or use of, the Portal at any time. Whenever reasonably possible, ENDESA will give prior notice of such termination or suspension of access to and/or use of the Portal.
 

Applicable legislation

All terms set out herein shall be governed by Portuguese and Community law and by internationally agreed standards.
 

Indemnification of the User

ENDESA reserves the right to initiate civil or criminal proceedings against any User found to be non-compliant the terms set out herein
 
The User expressly agrees to compensate ENDESA, its affiliate companies, employees, administrators, agents, suppliers, of either information or services, and licensees, for any damage or losses (including fees and costs for legal counsel) resulting from the User's non-compliance of these general terms and conditions or the special provisions that are applicable, where necessary, as well as collaborate with ENDESA to protect its interests, in the event a complaint is lodged or in the event legal, or administrative, proceedings are started. Equally, the User agrees to take the necessary steps to avoid or, where applicable, mitigate the adverse or damaging effects that may affect ENDESA.
 

Use of cookies

ENDESA may use cookies and logs when you navigate through the pages on the Portal, although the installation of cookies is not necessary to access or use the Portal. The cookies are only associated with your computer and do not provide details that would allow your User name to be guessed, not do they allow hard drive information to be read or cookies created by third parties to be detected. However, they do allow ENDESA to recognise the User after their registration, without the said User having to register each time they visit, in to have access to the information and services that are exclusively reserved for registered Users. The User will have the option to configure the browser, based on the instructions and guidelines that are applicable thereto, so that they are notified on-screen when cookies are received and to prevent them from being installed on the hard drive.
 

Exclusion of guarantees and responsibilities

With regard to the exclusion of guarantees and responsibilities, ENDESA shall not respond in relation to:
 
1. Damages or losses, of any nature, that may be the result of products or services rendered or offered by third parties, either individuals or companies, through the Portal, in particular with regard to the following:
 
  • Non-compliance with the Law, or with moral or good customs, as well as with public order, or the use of products and/or services offered in a way that is not diligent or which is incorrect, for illegal or purposes or effects or for purposes that are contrary to those set out in these general terms and conditions or the applicable provisions, where necessary, which may be applied.
  • The breach of intellectual or industrial property rights.
  • The breach of professional secrecy.
  • The violation of the rights to honour, personal and family privacy and image of individuals and of the right relating to protection of children and adolescents.
  • The enactment of acts of disloyal competition.
  • Carrying out illegal publicity or acts that are criminal or pornographic in nature.
  • Illegality or lack of truthful, exact, trustworthy, pertinent, current and exhaustive content or information transmitted or made available to Users, including information and services rendered by third parties or by Users through the Portal.
  • Non-fulfilment, late fulfilment or defective fulfilment or termination for any reason of the contracts entered into by third parties brought about by the provision of services through the Portal. ENDESA will only respond for its own services and for the content it has directly furnished and for which it holds the Copyright, as a trademark or intellectual or industrial property.
  • Incapacity of any User or the replacement thereof with a third party.
 

2. Liability for the lack of availability, or break in, service of the Portal shall be excluded, as shall faults relating to the access of various Web pages on the Portal or those from which the services are provided.

3. Damage and losses of any nature resulting from the existence of a virus in the IT system, electronic documents or User files. Nor shall it be responsible for any virus found in the services rendered by third parties through the Portal, which may cause changes in the IT system, in electronic documents or User files.

4. Under no circumstances, including negligence, loss of business, loss of use, loss of profits, loss of information, due to indirect, secondary, special or consequential damage resulting from the Portal or from the use of the respective services, or from any form found within the scope thereof.

5. The damages and losses resulting from the knowledge that unauthorised third parties may have of the type, conditions, characteristics and circumstances relating to access and use that the Users have to the Portal and of the information and services, we all as non-compliance of the Users of their obligations with regard to personal data.

6. The information contained in this Portal is generic and non-exhaustive and does not prevent the use of other, more detailed sources.

7. Without prejudice to the provisions in this clause, ENDESA expressly assumes its responsibilities and duties resulting from the application of the requirements set out under Portuguese Legislation.
 

Restrictions of use

When you access our Web site, you are expressly authorised to view all information contained therein, as well as make private copies of the said information on your IT system, providing that the aforementioned content is for your sole use and will not be subsequently transferred to third parties. Therefore:
 
1) You are not authorised to reproduce or copy, distribute, modify, transfer or publicly communicate the information contained on the Portal, unless you have the authorisation of the holder of the respective rights or such actions are legally permitted.

2) You are not authorised to make used of the information contained on the Web site, if it is for the purpose of a direct sale or any other form of commercial gain, nor are you permitted to send unsolicited emails to multiple recipients, irrespective of the purpose of the said emails, as commercialise the said information in any way.

3) You are not authorised to remove, allude to or manipulate the "copyright" and other information identified as ENDESA's rights or the rights of the partners that form part thereof, as well as the technical, protective devices, digital trade marks or any other protective mechanisms.

4) You are not authorised to disassemble, discompile or invert the data base in which the Portal's information is stored.

5) You are not authorised to carry out any form of “spam” when using, or as a consequence of your use, of the Portal or the information or services with the aim of selling, or any other commercial nature, to multiple persons without the prior request or authorisation, nor are you authorised to send any unsolicited images, images that have not previously been agreed to or unsolicited or previously agreed to electronic chain mail. Likewise, you are not authorised to use the distribution lists to which you have access through the Portal.
 
Any breach of the provision set out in this paragraph shall be considered violation of the intellectual property rights held by ENDESA, and shall give rise to the responsibilities legally set out for such, which may take place through the administrative, civil or criminal proceedings that correspond thereto.
 
 

Consumers and users

When access is through a specific business channel, you guarantee that you are acting in the name and on behalf of the business, and have been granted full authorisation for such.
 

Amendments

ENDESA reserves the right to unilaterally change these terms and conditions, at any time and without prior notice. Equally, ENDESA reserves the right to unilaterally change the presentation, configuration and content of the Portal and/or the privacy policy thereof, at any time and without prior notice.
 
Details of any change made shall be stated on site www.endesa.pt
 

Rights

Prior to collecting information, ENDESA shall expressly, precisely and unequivocally inform you of the existence of the file and of its use, the rights of access, rectification and termination, as well as the identity and address of the person responsible for the processing thereof or of their representative, always with regard to the protection of the User's privacy and the non-compliance of any of the applicable legal provisions, in particularly Law no. 67/98 dated 26 October, "Data Protection Law".
 
By collecting personal information, ENDESA's main purpose is to provide you with a quality network service. This includes an elevated level of personal treatment, interactive communication, online shopping and other types of service.
 
If you wish to exercise your rights to access, rectification, termination or opposition with regard to the treatment of the information relating to you that has been included in the file for which Endesa Energia is responsible and whose origin is a source of public access and information provided voluntarily, you may write to the following address: Endesa Energía S.A.U. (Sucursal em Portugal / Portuguese branch), Apartado 1300, 1008-001 – Lisboa [Lisbon], providing the reference: MKD.
 

Transfer of information to group entities

Equally, by providing your information, you accept that such may be transferred, for processing and in order to be compliance with the foregoing, to other business incorporated into the ENDESA Group (Group is understood to mean businesses registered in the Companies' Trade Register, the participating companies forming the aforementioned Group or those with which the companies in the Group has entered into a collaboration agreement) with the exclusive purpose of sending your marketing information relating to products and services associated with the supply of energy. Given that some products are marketed by third party companies that do not belong to our group, you consent that, for the above-mentioned services, we may transfer your information to these companies so that they may render the aforementioned services, striving, on our part, to always observe the legality and safeguard these operations.
 

Levels of security

In order to avoid amendment, loss, miss-use, unauthorised access or theft of personal information, ENDESA adopted the levels of protective security that are legally required, having taken the necessary technical steps and measures. Nevertheless, we must inform you that, because of its nature and global character, Internet security measures are not impregnable.
 

Additional information

For any information relating to the data protection, you are able to refer to the CNPD - National Data Protection Committee.
 
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