Date: 29 March 2018
These Terms and Conditions (“Terms”) are subject to change from time to time and any changes will be posted on this page. Please ensure that you revisit and review these Terms regularly as you will be deemed to have accepted, and will be bound by, such changes if you continue to use the Website after the posting of any changes to these Terms.
Access to and use of the Website are provided and permitted on a temporary basis. Therefore, the Website will not always be available and may have some faults from time to time.
VIA Outlets is under no obligation to update any information contained on the Website. The Company reserves the right to modify, edit, suspend or discontinue (temporarily or permanently) the Website (or any portion or portions of it) and/or the information, materials, products and/or services available through the Website (or any portion or portions of it) with or without notice.
The Website is provided on an “as is,” and “as available” basis, and to the extent permitted by law made without any guarantees, conditions or warranties of any kind.
Unless otherwise indicated, the Website (including its design, text, content, arrangement and other matters related to it) are protected under copyright and other applicable intellectual property law and the Company is the owner or the licensee of all intellectual property and other proprietary rights in or relating to the Website. All such rights are reserved.
The posting of the Website does not constitute a waiver of any right in or relating to the Website and, except as expressly granted in these Terms, you do not acquire any rights, title or interest in or relating to the Website.
The Company grants you a limited right to access and make use of the Website for your own, non collective and non commercial use. However, you are not allowed to: reproduce, duplicate, copy, sell, re-transmit, distribute or otherwise exploit the Website (including its content) for any commercial purpose without obtaining prior permission from the Company. Furthermore, you are not allowed to make a collection of any price listings, descriptions, make derivative use of the Website or its contents; download or copy information for the benefit of another business or use data mining, robots or similar data gathering and extraction tools.
You may print off reasonable copies, and may download extracts, of any page (or pages) from the Website. However, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not misuse the Website by knowingly introducing viruses or other material, which is malicious or technologically harmful, attempt to gain unauthorised access to the Website, or attack the Website via a denial-of-service attack or a distributed denial-of service attack. If you commit any of such acts, you will be reported to the relevant authorities.
Access to or use of the Website (or information, materials, products and/or services available in the Website) may be prohibited by law in certain countries or jurisdictions. You are the sole responsible for compliance with all applicable laws and regulations of the country from which you are accessing the Website. The Company makes no representation that the Website (or information, materials, products and/or services available in the Website) is appropriate or available for use in other locations outside Portugal.
VIA Outlets reserves the right to suspend or prevent your access to the Website (or portions of it) if it believes you are using the Website in any way that is contrary to any of these Terms. If you print off, copy or download any part of the Website in breach of these Terms, you must, at our option, return or destroy any copies of the materials you have made.
From time to time, the Company may restrict access to the Website (or portions of it) to the registered users.
If you register with us to use restricted areas (such as registering to join a loyalty or other members club), you are registering as a personal user of the Website. Access to such restricted areas is via your user identification code (“user ID”), password and any other piece of information as part of the security procedures of the Company. The Company allows you access to the restricted areas of the Website on the basis that:
• you are, at the date of registration, no less than 18 years of age;
• you treat your user ID and password as confidential, without disclosing it to anyone else, it may not be used by anyone else to access the Website;
• all data provided by you is accurate;
• you will not maliciously create additional registration accounts for the purpose of harming the functionality of the Website or other users; and
• you will not seek to pass yourself off as another user.
You can access and update much of the information you provided the Company within the “Registration” area of the Website.
If, for any reason, the Company believes that you have not complied with these Terms, VIA Outlets may at any time, at its sole discretion, disable your user ID or password and otherwise cancel your access.
Nothing in the Website constitutes an offer to buy or sell products and/or services in any jurisdiction since the Website only has information purposes. All details, descriptions and prices of, and other information relating to, products and/or services appearing on the Website are of a general nature only. VIA Outlets does not guarantee that any product and/or service appearing on the Website is or will be available in stock at the relevant village at the time you wish to purchase any particular product and/or service.
The Company will take reasonable care to ensure that all information is correct at the time when such information was uploaded to the Website, but it may be inaccurate and incomplete and is subject to change. VIA Outlets therefore advises you to check information concerning a retailer with them or information concerning VIA Outlets’ products and services with it. The Company is not liable for injuries incurred by you from relying on information on the Website.
Users of the Website may post content to or comments on, or otherwise submit material for publication in various areas of the Website, including the chat forum, bulletin board, photo galleries and other interactive areas. The Company does not approve, support, encourage or agree with any content, comments or material posted or submitted by users and published in the Website. Since VIA Outlets has not investigated, monitored or checked any such content, comments or material for accuracy, completeness or conformance with applicable laws and regulations, it accepts no responsibility for, or liability in respect of, any such content, comments or material.
If you post content to or comments on, or otherwise submit material for publication in, any area of the Website including photographs:
• you grant the Company a non-exclusive, to the maximum time of protection permitted, royalty-free, worldwide licence to use, reproduce, publish, republish, transmit, communicate or make available to the public, modify and disseminate (and to grant sub-licences to carry out these activities) such content, comments or material in any format, including print and electronic format;
• you will ensure that no such content, comments or material is unlawful, threatening, libellous, defamatory, obscene, pornographic or profane or could constitute or encourage conduct that would be considered a criminal offence or breach of any law and you must not post any material which is deliberately intended to upset other users;
• you will not be paid for any of the content, comments or material published;
• you will ensure that such content, comments or material is your own original work and that you own the copyright and any other relevant rights;
• if the material is a photograph or graphic material you must have taken the photograph(s) or created the graphic material yourself or you must have the permission of or are otherwise be authorised by the owner of the photograph(s) and/or graphic material and you must have obtained the consent of all individuals featured in it where such individuals can be clearly identified; and
• VIA Outlets will publish your name alongside any photograph(s) or graphic material submitted by you but the Company may edit or delete any comments which you submit with them.
Publication of any content, comments or material (including photograph(s) or graphic material posted or submitted by you) will be at the sole discretion of the Company. VIA Outlets reserves the right to make additions or deletions to the text or graphics, to edit any photograph(s) or graphic material(s) and to refuse, suspend, cancel or remove the publication of such content, comments or material.
Any material you submit to us is, and will be, treated as non-confidential and non-proprietary.
You are obliged to indemnify VIA Outlets against any third party liabilities, claims, costs, injury or damage it incurs as a result of publishing any content, comments or material posted or submitted by you.
From time to time, the Company may advertise and run competitions on the Website, in which case specific terms and conditions will apply to such competitions that you must read carefully since your participation in such competition will be deemed to have accepted the applicable terms and conditions.
VIA Outlets’ Website may contain links to other websites operated by unrelated companies and persons (“Third Party Website”). These links are intended to provide further information only.
The inclusion on the Company’s Website of any link to a Third Party Website does not mean that VIA Outlets accepts any responsibility for that Third Party Website, its content or use, or the use of products and/or services made available through such Third Party Website. The Company has not investigated, monitored or checked any Third Party Websites for accuracy, completeness or conformance with applicable laws and regulations and, therefore, it is not responsible for any damages or injuries caused as a result of your use of, or reliance on, such Third Party Websites and you use any Third Party Websites at your own risk. It is appropriate to read the terms, the conditions and the policies of the Third Party Websites since they will apply to you while you are visiting them.
VIA Outlets has some arrangements with carefully selected companies, who may sell you products or services on Third Party Websites linked to the Website and bearing our branding or indicating an association with the Company, as in the case of gift cards or other similar promotions. When you link through to some of these Third Party Websites they may still be framed by the Website or have the Company’s branding, and appear in the frame of the Website. In such cases, please be aware that these products and services are sold by another company. While VIA Outlets selects such companies carefully, it is not responsible for the products and services, which they offer and sell. Therefore, you should check any terms and conditions of those Third Party Websites and of any products and services which they offer.
You may create a link to the Website from another website or document without VIA Outlets’ prior consent provided no such link creates a frame or any other browser or border environment around the content of the Website. In addition, such link must not imply that the Company endorses your products or services or any of the products or services of, or available through, the website on which you place a link to the Website. The mentioned link may not display any of trade mark(s) used on the Website without VIA Outlets’ permission or that of the owner of such trade mark(s) and it may not be placed on a website that contains content that is unlawful, threatening, libellous, defamatory, obscene, pornographic or profane or could constitute or encourage conduct that would be considered a criminal offence or breach of any law. Finally, the link shall not portray the Company, its associated or collaborating companies (including their products and/or services) in a false, misleading, derogatory, or otherwise offensive manner.
You are solely responsible for the website on which you place a link to the Website and for any representations made or impressions created concerning the Company or the Website. You are also solely responsible for bringing these Terms to the attention of the person receiving access to the Website via your link. VIA Outlets reserves the right to request that any link or links you create from another website or document in breach of these Terms be removed.
The Company in its own capacity and on behalf of its associated companies excludes liability arising out of or in connection with access or use of the Website or any website with which it is linked, whether based in contract, negligence, tort, strict liability or any other basis, to the fullest extent permitted by all applicable laws and regulations for any of the following injuries:
• injuries from unavailability of the Website or technical faults with the Website;
• loss of data;
• damages caused by attacks, viruses or other technologically harmful material;
• loss of revenue or profit or anticipated savings; and
• loss arising from circumstances beyond VIA Outlets’ reasonable control and loss which is not reasonably foreseeable.
In any event the Company’s aggregate liability and that of its associated companies arising out of or in connection with access or use of the Website or any website with which it is linked and whether based in contract, negligence, tort, strict liability or any other basis shall not exceed the sum paid to have access to the Website (unless differently provided by the current applicable laws and regulations).
By accessing to the Website you acknowledge that all the limitations and exclusions of liability set forth in these Terms are fair and reasonable.
You agree to indemnify, release and hold VIA Outlets and its associated companies harmless to the maximum extent permitted by all applicable laws and regulations from any claim, liability, expense or demand related to your breach of these Terms.
The Website is controlled and operated from the Company’s offices in Portugal. These Terms and all matters arising or relating to these terms and this Website (including its content) shall be governed by Portuguese law. The Portuguese courts shall have non-exclusive jurisdiction to settle any disputes that may arise out of or in connection with these Terms or the use of the Website.
These Terms contain the entire agreement between you and VIA Outlets with respect to the use of the Website, without any representation or statement (oral or written) not contained in these Terms (including its updating) shall be binding.
Each of the provisions of these Terms is severable. Therefore, if any provision of these Terms is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision, without prejudice of the full force and effect of the remaining provisions of these Terms.
We may assign or transfer these Terms from time to time, to any third party that exploits or acquires the Website, by any means and without prior notice.
The Company may not review and be responsible of the contents of each comment, information, products and/or services posted or available in the Website. If you believe that the Website contains any comment, information, products and/or services that may be defamatory, please notify it immediately by writing to Marketing.Porto@viaoutlets.com]. On receipt of notice by you, VIA Outlets will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
If you have any questions or complaints regarding these Terms or any other matter, you may contact VIA Outlets by writing to us at Legal Team, Avenida Euro 2004, 2890-154 Alcochete Portugal by e-mailing us at Marketing.Porto@viaoutlets.com