Terms of Service


MODOSPORT invites you to read the content of Terms of Service carefully before using MODOSPORT platform.

 

PURPOSE

You are reading these Terms of Service because you are using a MODOSPORT - MODERN PERSPECTIVE, LDA brand, website, social media platform, or one of our other products or services, which are part of MODOSPORT’s Platform. These Terms create a legally binding contract between you and MODOSPORT and its affiliates (which we may refer to as “MODOSPORT,” “we,” “us,” or “our”) regarding orders placed for products available on the Platform.


The present Terms may be revised at any time by posting updated version of Terms on MODOSPORT Platform or by a notification.

The applicable law requires that the information or notifications sent are in writing. By using our platform, you agree that the notifications sent by the MODOSPORT are sent electronically.

For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other notices sent electronically satisfy the legal requirement that such notices are in writing. This condition will not affect the rights recognized by law.

If you continue to use our Platform you have accepted the updated Terms.


Your use of the Platform is also governed by MODOSPORT’s Terms of Sale and Privacy Policy.


By making any purchase from MODOSPORT, you agree to the MODOSPORT Terms of Sale.


Our Privacy Policy describes the collection and use of personal data. To make a purchase on our online store you will have to accept our privacy policy as it is essential and imperative for the delivery of our products.


In case of doubt about these Terms of Service, you can contact MODOSPORT through the contact forms available on the website or by email terms@modosport.eu

 


PROPERTY

All materials or content on our Platform are, at any time, property of MODOSPORT - brand of MODERN PERSPECTIVE, LDA or other licensees and are protected by copyright, trademark, patent and other laws, so you can only use such material as expressly authorized.

This does not prevent you from using the website to, as necessary, copy information relating to your order or Contract data.

Outside of the specific usage rights granted to you by MODOSPORT, you agree not to use, edit, copy, translate, display, distribute, download, transmit, republish, sell, rent, create derivative works of, or in any way exploit our Content without MODOSPORT’s prior written consent.

If you breach these terms in any way, MODOSPORT may take such action appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws.



USER OBLIGATIONS

You are only eligible to use the platform if you are of legal age in your country or if you have permission from your parents or guardian.

When using the Platform make sure that the mandatory information that is provided by the user is correct and complete.

To access your personal account, the user must guarantee the confidentiality of the access data in order to prevent misuse by anyone else.

The user are responsible for your password and user ID security.

You must immediately inform MODOSPORT about any unauthorized use of the respective account.

It is expressly forbidden to its users to transmit messages or information that is insulting, misleading, defamatory, obscene or that violates, in any way, the right to privacy or the intellectual or industrial property of third parties, as well as the availability of any information that may be harmful to third parties or the website owner.

You must not use this platform to copy, store, rent, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this platform without MODOSPORT express written consent.

You must not use the platform or any part of it to transmit or send unsolicited commercial communications.

You must not use the platform for any purposes related to marketing without the express written consent of MODOSPORT.

If you use the MODOSPORT platform, you declare that you fulfill these conditions.

MODOSPORT reserves the right to delete the user's account that breaches any of the mentioned Obligations.



IMPORTANT DISCLAIMERS OF LIABILITY

The Platform may include features or content that promote the modification of auto parts to auto parts with a sportive attributes, which are intended exclusively for competition cars.

Consider the risks involved and consult a qualified and experienced Automotive Technician to make any changes to the car.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MODOSPORT IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE THAT THE USER MAY SUFFER FROM RESULTING FROM THE USE OR INABILITY OF USE BY THE SAME PLATFORM FEATURES.



NO WARRANTIES

The Platform, Content, and the materials and products on this Platform are provided "AS IS” without any representations or warranties, express or implied. MODOSPORT makes no representations or warranties in relation to platform or the information and materials provided on platform.

Without prejudice to the generality of the foregoing paragraph, MODOSPORT does not guarantee that the platform will be constantly available, or available at all or the information is complete, true, accurate or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.

You are responsible for any damage to your Device resulting from accessing the Platform, to the extent applicable law does not provide otherwise.

Nothing on our platform constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or mechanical matter you should consult an appropriate professional.



INDEMNIFICATION 

The user agrees to indemnify, defend and maintain MODOSPORT, as well as its directors, employees and suppliers, in relation to all claims, liabilities, expenses, damages, costs and losses, including without limitation, legal expenses and any expenses with third parties arising from or related to your use of the Content, your use of the Platform, your conduct related to the Platform or any breach of these Terms of Service, any law or the rights of any third party.

 


LIMITATION OF LIABILITY

MODOSPORT will not be responsible for any direct, indirect, special, subsequent damages, for any commercial losses, loss of revenue or profits, loss of data, loss of contracts or commercial relations, loss of reputation, resulting from the use or inability to use the platform, the performance of products purchased on or through the platform, the conduct of other users, participation in a MODOSPORT event or a MODOSPORT partner, or other activity related to the use of the platform, even if MODOSPORT has informed of the possible damage.

The user assumes fulfil responsibility for their use of the platform.

You accept that, as a limited liability entity, MODOSPORT has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against MODOSPORT's officers or employees in respect of any losses you suffer in connection with our platform.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the MODOSPORT platform disclaimer will protect MODOSPORT's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as MODOSPORT.



REASONABLENESS

By using MODOSPORT platform, you agree that the exclusions and limitations of liability set out in this platform disclaimer are reasonable.

If you do not think they are reasonable, you must not use this platform.



PARTNERSHIP

MODOSPORT may occasionally establish a partnership with third party websites, social networks, other products or services. You can connect to these Third Parties through the Platform, but this does not mean that MODOSPORT has any control over these Third Parties, which are subject to different privacy policies and terms of use.

You should read the terms of use and privacy policy from third parties.

The user interacts with Third Parties at own risk.



APPLICABLE LAW/SETTLEMENT OF DISPUTES

All matters relating to the application or interpretation of the present Terms and any dispute resulting from the interpretation, validity or breach of contract between the parties shall be subject to the jurisdiction of the competent Portuguese courts.

To such disputes will be applicable, with express resignation to another, the Portuguese law.

In case you have been dissatisfied with the purchase of the product or with the service provided on the MODOSPORT platform, you may also, without prejudice to the right to submit the dispute to the appraisal and decision of a court to appeal to one of the alternative consumption dispute settlement entities, at or https://webgate.ec.europa.eu/odr


 

The alternative dispute settlement entities currently in existence are as follows:


(i) Centro de Arbitragem de Conflitos de Consumo de Lisboa: http://www.centroarbitragemlisboa.pt/

(ii) Centro de Arbitragem de Conflitos do Vale do Ave / Tribunal Arbitral: https://www.triave.pt/

(iii) CIAB - Centro de Informação, Mediação e Arbitragem de Consumo /Tribunal Arbitral de Consumo: http://www.ciab.pt/pt/noticias/itinerancia-da-exposicao-comemorativa-do-20-aniversario-do-ciab-31

(iv) CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo: http://www.arbitragemdeconsumo.org/

(v) Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra: http://www.centrodearbitragemdecoimbra.com/

(vi) Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve: http://www.consumidoronline.pt/pt/

(vii) Centro de Informação de Consumo e Arbitragem do Porto: http://www.cicap.pt/

(viii) Centro de Arbitragem de Conflitos de Consumo da Madeira: http://www.srrh.gov-madeira.pt/In%C3%ADcio/tabid/292/Default.aspx

(ix) Centro de Arbitragem da Universidade Autónoma de Lisboa: http://arbitragem.autonoma.pt/ 



Update in March 2021