© Brasileiros em Malta - 2021 - Todos direitos reservados
Last Updated Date: 19/05/2021
UP CONSEILS, a general partnership headquartered at 51 triq Claire E. Engel, STJ1812 St Julians, Malta
(Hereinafter referred to as the “Provider”, “Seller” or “Operator”).
The Operator’s individual VAT number is: MT24457011
The site is hosted by FLOWR AGENCY LTD, located at: 64 Triq San Frangisk Bormla – Malta, LTD with a capital of €1,500, registered in the Trade Register of Malta with the number C95600
VAT N°: MT27366407
The Provider’s customer service department can be contacted:
The purpose of these Terms and Conditions (the “Terms and Conditions”) is to define and govern the contractual relationship between the Service Provider and any professional or user of the Site (a “Customer”) wishing to benefit from the services offered on the Site.
The provision of the services offered to customers on the Site is subject to prior acceptance without restriction or reservation of these General Conditions.
The Terms and Conditions are made available to Customers on the Site where they are directly searchable and can also be communicated upon request.
The Terms and Conditions are enforceable against the Customer who acknowledges, by checking a box provided for this purpose, to have read and accepted them before placing an order or by using the Site (submission of form). The validation of the order by its confirmation shall constitute acceptance by the buyer of the conditions in force on the day of the order or of the subscription to the Services whose conservation and reproduction are ensured by the operator. Some Service offerings include access to other websites from the Malta Communities network. As soon as the Customer subscribes to this type of offer, the Terms and Conditions of the sites are deemed to be accepted and applicable.
Any Customer is therefore deemed to have read and fully accepted the provisions of this Agreement, which shall apply to all services performed by the Operator.
The Terms and Conditions are applicable subject to any provision to the contrary contained in the purchase order or special conditions, if any, between the Company and the Customer concerned.
The Site is meant for selling services online (hereinafter “Service(s)”) open to any natural or legal person using the Site (the “Customer”). The Services presented on the Site are each subject to a description indicating their essential characteristics, available at the customer’s request via a contact form. This description may include descriptions, photographs and graphics which are provided for illustrative purposes only and may be modified/updated on the site.
The purpose of the Site is to provide the following services online:
(Hereinafter referred to as the “Services”).
When an advertising space becomes available, priority will be given to Customers who have already subscribed to an offer of Services on the Site.
Any customer wishing to benefit fully from the Site and the Services shall:
– have full capacity and act;
– contact the site via a contact form or by any other means by filling in the various fields of the contact form (name, surname, referrer, e-mail address, telephone number, etc.);
– confirm their acceptance of the Terms and Conditions;
– confirm their agreement with the subscribed service.
Access to the Services is possible from a computer, a smartphone or a tablet by connecting to the Site.
Use of the Services requires a high-speed Internet connection and mobile internet where applicable.
Customers are personally responsible for setting up the computer and telecommunication resources required to access the Site.
Each Customer guarantees the sincerity and accuracy of the information provided for the subscription to the Services and undertakes to notify of any subsequent modification and guarantees that said information does not infringe the rights of third parties.
The Customer has the right to access and modify this information by contacting the Site’s customer service.
Any Customer wishing to benefit of the Services offered on the Site shall:
– contact the site on the email [email protected] or by using one of the contacts forms;
– select the Services to subscribe and communicate them to an advisor by email, or validate the order online if necessary;
– fill in the various fields of the customer work order (name, surname, address, e-mail address, registration number, VAT number, Telephone number, etc.) by email when the Customer is a business or fill in the contact/purchase form when the customer is an individual;
– provide all information and data necessary for the provision of Services
– confirm their acceptance of the Terms and Conditions;
– confirm the Order
– make payment of the Services by bank transfer or credit card, if applicable, according to the payment terms
Each request will be subject to verification by site managers.
Site managers reserve full responsibility and freedom to accept or refuse the commercial request.
Unless expressly stipulated on the Site, the Customer may not modify nor cancel the order after having validated it, which will be final.
The Customer agrees to read the Terms and Conditions in force before accepting and confirming them. This is the same as for the delivery charges (if any) prior to payment of the order. Confirmation of the order implies acceptance of the Terms and Conditions and forms the contract.
Any modification of the order by the customer after confirmation of the order shall be subject to the agreement of the operator.
The information communicated by the Customer at the time of placing the order is binding on the latter. Thus, the Operator’s liability can in no way be sought in the event that an error in placing the order would prevent or delay delivery.
Customer declares that he has full legal capacity to commit to these Terms and Conditions.
Registration is open to qualified adults and minors, provided they are under the supervision of the parent or guardian with parental authority. Under no circumstances, is registration authorized on behalf of third parties unless validly authorized to represent it (as legal entity, for example).
In the event of a failure by the Customer to comply with any of the provisions of this Agreement, the Operator reserves the right to terminate or cancel without notice the order and the account of the Customer.
Upon receipt of payment for the Services included in the order, the Service Provider will send the customer a confirmation to the e-mail address provided.
The order confirmation email summarizes the essential features of the Service(s) ordered, the total price, and any other relevant items.
By going through the Site, the Customer expressly agrees that the Service Provider shall send him an invoice electronically.
To fight against fraud, the Provider or its payment or delivery providers may need to request additional documentation from the Customer or take care of the latter at the time of acceptance and/or dispatch of the order. In the event of an unjustified refusal by the Customer to issue the requested information and/or supporting documents, the Provider reserves the right to refuse or cancel the order without any dispute whatsoever.
The Service Provider also reserves the right to refuse or cancel any Customer’s order, whether due to a conflict of interest, insolvency or for any other reason. In general, the Service Provider will be free to enter into a contract with or without Customers, without having to justify itself.
The Services are provided at the Provider’s rate in effect on the day of the order, expressed in euros and excluding taxes for offers intended to professional customers, and including taxes for individual customers.
The Services are invoiced, and the price is due in full and payable in cash on the date the order is approved or at the latest on the desired effective date of the provision of the Services, for the upcoming contractual period. In any event, all Services subscribed must be settled prior to the commencement of the provision of Services.
Any renewal of an offer of Services for Professional Customers is automatic. If the Customer (legal entity) wishes to terminate the offer of Services, the Customer must send an email to [email protected] or to his or her advisor up to 7 days in advance stating his or her wish to complete the Services. Without written evidence, the Site considers the renewal of the same originally subscribed Service offering to be valid and an invoice will be sent to the Customer, payable within 48 hours.
Any changes to the Service fee will take effect during the next contractual period. In the absence of termination by the Customer before this takes effect, the new pricing will apply to the new contractual period.
In case there is no answer from the Customer or a default of payment, the Site managers reserve the right to prohibit and ban all future publications on the site and all its associated networks.
The price is fixed and cannot be revised during the execution of the Service.
However, the Provider reserves the right to change its prices at any time for any Services which may be subscribed after such modification or at the time of renewal.
Any price reductions, rebates and discounts may apply to the Services under the conditions provided on the Site or in any other document communicated to the Customer. In the event of a promotional rate, the Provider undertakes to apply this rate to any order placed during the promotion period.
In case of early payment by the Customer, no discount will be applied. Under no circumstances may payments be suspended or compensated without prior written agreement between the Provider and the Customer. Any suspension, deduction or compensation unilaterally made by the Customer shall be treated as default of payment and will result in all the consequences of a late payment.
Furthermore, it is expressly agreed that the Customer is validly in charge of paying by the sole liability of the obligation. In the event of late payment on any of the deadlines, the Provider reserves the right, without any compensation being due to the Customer, to:
– require the immediate payment of all amounts due under the Services, these becoming immediately payable regardless of their initially scheduled deadline;
– refuse any new order or require, for any new order, a cash payment or guarantee for the proper execution of commitments;
– reduce, suspend or cancel access to the Services, 48 hours after the Service has been left without effect, carried out by the Service Provider with the Client;
– apply, without prior notice, to all amounts due, from the first day of delay and until full payment, late penalties according to the law and the rate in force.
Any changes in prices resulting from an increase in value added tax or the creation of any new tax based on the price of the Services will be immediately and automatically applied.
The Customer expressly acknowledges that any order placed on the Site is an order with an obligation of payment, which requires payment of a price against the provision of the ordered Service.
The Customer is informed that the provision of the Service cannot be made before the Operator has fully collected the sums due by the Customer.
The Operator uses the Stripe online payment solution.
Orders can be paid using the following payment method:
Where appropriate, the order validated by the Customer will only be considered confirmed when the Service Provider has been able to ensure the validity of the payment.
The customer’s order is registered and validated as soon as the bank accepts the payment.
The customer’s account will only be charged the corresponding amount when (I) the credit card data used has been verified and (ii) the debit has been accepted by the bank that issued the credit card.
The inability to debit the sums due will result in the immediate nullity of the sale.
In particular, the credit card may be refused if it has expired, if it has reached the maximum amount of expenditure the customer is entitled to, or if the data entered is incorrect.
The Service Provider undertakes to implement all due diligence required for the performance of the Services and its obligations under these Terms & Conditions and/or any other documentation that may be concluded with Customers, in accordance with the laws and regulations and the rights of third parties.
The Service Provider declares that it has the necessary skills, experience and means to provide the Services, and will assume full responsibility for both the performance of the Services and the organization of the work of its staff as appropriate.
The Service Provider publishes the Services available on the Site and hosts the content of the Site described and provided by the customers. The Service Provider acts as a technical service provider and does not carry out any checks on the legality, accuracy, quality or sincerity of the content received by professional customers, which remains their sole responsibility.
As a result, clients recognize the Provider as the Site’s host for trust in the digital economy.
However, the Service Provider undertakes to promptly remove any obviously illegal or erroneous content that would be brought to its knowledge, in particular where the existence of such content has been notified to it by a Customer or by a user of the Site under the conditions laid down in the applicable regulations.
In addition, the Service Provider shall endeavour to ensure access and proper operation of the site twenty-four hours a day, seven days a week.
However, the Service Provider cannot exclude the possibility that the access and operation of the Website may be interrupted in case of force majeure, malfunctioning of the Customer’s equipment or Internet network, failure of telecommunication operators, interruption of electricity supply, abnormal, illicit or fraudulent use of the Website by a Customer or a third party, decision of the competent authorities, or for any other reason.
The Service Provider also reserves the right to make any changes and improvements to the Website and the Services that it deems necessary for technical developments or proper operation.
General and temporary interruptions of the Site and Services will, as far as possible, be notified via the Site before they occur, except when these interruptions are of an emergency nature.
Each Customer agrees to access and use the Site and the Services in a fair manner and in accordance with applicable laws and these Terms and Conditions.
The data and information provided or posted online by customers shall be accurate, sincere and loyal and shall be communicated under their sole responsibility.
More generally, each customer agrees to:
– ensure compliance, in all circumstances, with legal, social, administrative and tax obligations applicable to his professional status where applicable;
–not modify, in the course of the performance of the Services, their nature or their terms of supply, unless prior and written consent of the Service Provider;
– pay the price of the Services under the conditions set forth herein;
– not disseminate illegal content or to reduce, disrupt, slow or interrupt the normal flow of data on the Site;
– immediately report to the Service Provider any difficulty, reservation or dispute arising during the performance of the Services or any abnormal, abusive or fraudulent use of the Site known to it.
In the event that a client is liable for a breach of existing law or infringement of the rights of third parties, the Provider reserves the right to provide, at the request of any legitimate authority (jurisdiction, administrative authority, police services), any information enabling or facilitating the identification of the offending Customer.
In the event of non-performance or defective performance of the Services, the Customer shall notify the Service Provider and formulate its grievances and reservations within thirty (30) calendar days from the moment of awareness, in order to enable the parties to make their best efforts to reach an amicable settlement of the situation within thirty (30) calendar days of the initial notification of the Customer.
In the event of failure to reach of an amicable settlement under the above conditions and in the event of sufficiently serious failure of the Provider, the Client may terminate the Terms & Conditions under the conditions provided in Article 21 and via the competent court, and obtain, where appropriate, damages and interests of the Service Provider for the purpose of repairing the damage suffered, the Customer waiving in advance the request for a forced performance in kind of the Services by the Service Provider or a third party or a proportional reduction in the price.
The Service Provider is obliged to provide the Services by means.
Each Customer declares to be informed of the constraints and limits of the Internet networks and may not in any case seek the liability of the Provider for malfunctions in access to the Services, the speed of opening and consultation of the pages of the Services, the temporary or permanent inaccessibility of the Services or the fraudulent use of the Site by Customers or third parties.
The responsibility of the Provider can no longer be engaged:
– in the event of a breach of any obligation resulting from a fortuitous event or an event of force majeure, including, but not limited to, unforeseen events such as strikes, work stoppages, social unrest, plant closures, floods, fires, production or transportation failure not resulting from its own actions, supply disruption, wars, riots, insurrections, and more generally any circumstance or event preventing the Company from properly performing its obligations;
– in the event that the information, data, instructions, guidelines, materials or media communicated by the Client are erroneous or incomplete, and more generally in the event that the non-performance or defective performance of the Services results in whole or in part from the conduct, failure or default of the Customer;
– in the event that certain services or features are not accessible on the Site due to the deactivation by a Customer or by a user of the site of cookies via the browser software interface;
– in the event that the Site’s functionalities prove to be incompatible with certain equipment and/or functionalities of a Customer’s computer hardware.
Each customer is also responsible for the imported content and information stored and/or published on the Site and undertakes not to use any technical measures that will allow the circumvention of the technical protective measures put in place by the Provider in order to avoid any fraudulent use of the Site and the Services.
Each Customer shall also take, under its sole responsibility, all measures to ensure the integrity and backup of all its data, files and documents and shall not hold the Service Provider liable for any damage to data, files or any other document that it may have entrusted to the Service Provider while using the Website and/or the Services.
More generally, each Customer agrees to indemnify and hold harmless the Provider from any claim, demand, or opposition and more generally from any proceeding that may be brought against the Provider as a result of the Customer’s use of the Website or the Services.
In any event, the Service Provider shall not be liable for any indirect or consequential damages such as financial loss, loss of opportunity, loss of profit, loss of contract, loss of order, loss of customers, loss of business, commercial loss or disturbance or loss of image, which may result from the defective provision or lack of provision of the Services.
The Service Provider’s liability shall not exceed an amount equal to the price (exclusive of tax) received from the Client for the provision of the Services over the last twelve (12) months.
Any legal action brought by a Customer against the Service Provider shall be time-barred upon expiry of one (1) year following the date on which the Customer concerned became aware or is presumed to have become aware of the harmful event.
The computer records, kept in the computer systems of the Provider and its partners in reasonable conditions of security, shall be considered as proof of communications and actions of the Customer and the Provider. The archiving of these elements is made on a reliable and durable support so as to correspond to a faithful and durable copy within the meaning of the applicable regulations.
Each Customer acknowledges the value of proof of the automated recording systems of the Website and declares that he/she will not contest them in case of litigation.
Hyperlinks available on the Site may refer to third party or partner sites. They are provided solely for the convenience of the Customer or any other user of the Site, in order to facilitate the use of the resources available on the Internet. If the Customer or any other user of the Site uses these links, the Customer will leave the Site and then agree to use the Third-Party Sites at his/her own risk or, where applicable, in accordance with the conditions governing them.
In any event, the existence of a hypertext link to the Site from a third party site or on the Site to a third party or partner site shall not be liable to the Provider in any way and in particular as to availability, content and products and/or services available on or from this third party or partner site.
The Customer is not allowed to create on a third party website one or more hyperlinks to the homepage of the Website or to the profile page of the Website, except with the prior written consent of the Provider.
The Provider is the sole owner of all the contents present on the Site, including without limitation, all texts, files, moving images or not, photographs, videos, logos, drawings, models, software, brands, visual identity, database, structure of the Site and all other intellectual property and other data or information that are protected by Maltese and international laws and regulations relating to intellectual property.
Accordingly, none of the contents of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, represented, stored, used, rented or exploited in any other way, whether free of charge or for a fee, by a Client or by a third party, whatever the means and/or media used, whether known or unknown to date, without the prior written authorisation of the Service Provider, and the Client shall be solely liable for any unauthorised use and/or exploitation.
In addition, any extraction, integration, compilation, or commercial use of information contained in databases accessible on the Site, as well as any use of software, robots, data mining systems and other data collection tools are strictly prohibited to customers and any other users of the Site.
However, the Service Provider grants to the Customers, subject to their compliance with these General Terms and Conditions, a non-exclusive and non-transferable right to access, download and print the contents of the Website for personal and non-commercial use.
Reciprocally, each Customer expressly authorizes the Service Provider to reproduce, broadcast, host, store, reproduce, communicate, publish, modify, adapt, translate and display all or part of its content on the Website, by any means or process, for the purposes of exploitation, improvement, verification, promotion, marketing, advertising of the Website or in the context of the establishment of partnerships. This non-exclusive, transferable and sub-licensable licence is valid for the whole world, without royalty, for the duration of the Customer’s registration or until the content is deleted from his account.
In the event of a one-off sale or in accordance with special conditions, these Terms and Conditions shall be concluded for the duration of the provision of the Services.
These Terms and Conditions are concluded for an initial term corresponding to the term of provision of the Services as specified in particular terms or in the purchase order. In the absence of denunciation of these Terms & Conditions as stipulated in Article 6, the provision of the Services and the T&C shall be tacitly renewed for a further period of time equivalent to the initial term, at the prices in force on the date of renewal.
The Service Provider reserves the right to suspend a Customer’s access to the Site and Services permanently or temporarily in the event of a breach by the Customer of its obligations under these Terms and Conditions.
In addition, the Provider or the Customer may terminate the General Terms & Conditions in advance by sending a written notification.
During the term of this Agreement, each party may become aware of or receive confidential information, web addresses, documents and/or data about the other party. Therefore, each party undertakes, both on its own behalf and on behalf of its employees for whom it acts as guarantor, to keep strictly confidential all information, web addresses, documents and/or confidential data of any kind relating to the results, activity or clientele of the other party or any information received or obtained from a party within the framework of the established contractual relationship.
This confidentiality undertaking by the parties shall be valid both for the duration of this agreement and for a period of two (2) years following its expiry or termination.
If any provision of these Terms and Conditions are declared null and void or inapplicable for any reason whatsoever in application of a law, regulation or following a final court decision, it shall be deemed unwritten, and the other provisions shall remain in force.
The fact that the Service Provider does not avail itself temporarily or permanently of one or more of the provisions of the General Terms and Conditions shall in no case entail a waiver.
The Provider reserves the right to modify at any time and without notice the content or location of the Site, the Services and these Terms and Conditions.
Any use of the Website or the Services following a modification of the Terms and Conditions will imply acceptance by each Customer of the said modifications. The most recent and current version of the Terms and Conditions will always be available at the following address: https://brasileirosemmalta.net/terms-conditions/
Any disputes that may arise in the context of the contractual relationship between the Customer and the Service Provider shall be resolved, as far as possible, in an amicable manner.
In the absence of an amicable settlement within one month from the date of referral by one of the parties, all disputes to which the General Terms and Conditions may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, shall be submitted to the court of Malta.
These Terms and Conditions and the transactions arising from them are governed by and subject to Maltese law.