Findster Technologies S.A. | Terms of Service
- Use of FINDSTER’S Service
- Ownership of the domain www.getfindster.com
- Information Regarding Contents
- Intellectual Property
- Duties of Clients and Users
The Website www.getfindster.com (hereinafter referred to as Site) is owned by Findster Technologies, S.A. (hereinafter referred to as Findster), Legal person / Registration no. 513.368.019, with registered office at Rua Pedro Nunes, Edificio C, 3030-199 Coimbra, and offices in Rua Sá da Bandeira, n. º 651, 1.º Dto., 4000-437 Porto.
If you require any further information please contact FINDSTER, by any of the following means:
Findster Technologies, S.A., Rua Sá da Bandeira, 651, 1º Dto., 4000-437 Porto, Portugal
Telephone (between 10 a.m. and 4 p.m.): +351 223 248 286
The Terms of Service apply to all visits to the Website, to any transactions of a commercial nature using the Findster Online Store available therein and any acquisition of the “Findster APP.”, regardless of how this takes place or from whom it is obtained.
Navigation of the Website, purchases of any product on the Website or the acquisition of “Findster APP.” imply acceptance of these Terms by the user and/or client, for which reason if the user or the client does not agree to these Terms, they shall not use this webpage not any of the products or services provided therein nor acquire any Findster products.
Findster reserves the right to amend the Terms of Service without notice, whereby all changes shall be published on the Website.
We inform that “Findster Device” technology involves a hardware component and a software component (the latter is designated as “Findster APP.”), whereby these two components are acquired separately by the client, in other words, the acquisition of one component does not include the acquisition of the other component.
The product is construed as anything that can be acquired by the client with regard to Findster technology designated as “Findster Device”, among others, hardware and software (for example, the “Findster APP.”), hardware components, manuals, etc., jointly or separately.
The reproduction, transfer, distribution or storage of Website contents without the prior written consent of Findster is forbidden for all purposes except strictly personal purposes.
The introduction of links to this Website is expressly forbidden, regardless of the intended purpose, without the prior consent of Findster.
The Website contains information regarding Findster technology designated as “Findster Device”, for which reason, on commencing the procedure to acquire any product (for example, the purchase of any product or downloading the “Findster APP.”) the client declares that they have consulted, understood and accepted the “Product Description” (which also encompasses the description of the “Findster APP.”), the “User Manual” and the “Instructions for Downloading “Findster APP””. These are published on the Website.
Findster reserves the right to amend the information available on the Website without notice, including the “Product Description”, the “User Manual”, the “Instructions for Downloading “Findster APP”, any offers presented regarding products, prices, sales terms & of service, etc.
All copyright and/or associated rights and/or rights regarding computer programs/software and/or industrial property rights, as well as any others of similar nature, commonly jointly referred to as “intellectual property”, among others, related to all and any product or service, project, technological solution or technical documentation, design work, manuals, databases, simple ideas or know-how, trade secrets, commercial information sales/marketing techniques, regarding Findster, “FINDSTER Device” and the Website is the exclusive property of Findster.
Use in any form, fully or in part, by any person, of anything related to the abovementioned type of “intellectual property” rights that are the exclusive property of Findster require prior written authorization by Findster.
Users and clients undertake to:
- Strictly observe the Terms of Service;
- Refrain from introduction, storage or disclosure, via the Website, or defamatory, obscene, offensive, xenophobic contents and/or contents of any other nature that infringe the general principles of law and public order;
- Keep and not disclose any passwords related to the Website and Findster products, such as passwords for access to the Website and for downloading the “Findster APP.”;
- Not use false identities;
- Provide personal details, email addresses and physical addresses correctly in a manner that allows Findster to duly process what is requested, such as product orders.
Findster reserves the right to eliminate the user’s account in the event of infringement of any of the abovementioned situations.
Clients are liable for the accuracy of the data communicated to Findster and undertake to immediately file any changes to such data immediately in their account.
Findster shall not be liable for any delay or impossibility to process orders as a result of client errors or insufficient information communicated by the client.
The validation of the purchase order by the client implies that the client is aware of, has understood and expressly accepts the Terms of Service.
As soon as the purchase order is complete, you will automatically receive an email confirming the transaction.
If the data regarding the email referred to in the above number is not correct, you must immediately request its correction or even the cancellation of the purchase made.
FINDSTER allows you to pay for the products marketed on the WEBSITE using any of the following means of payments:
- Credit Card;
- PayPal (clients must identify themselves with their username and password).
The data registered by FINDSTER provide proof of any transactions existing between FINDSTER and the client, for which purpose FINDSTER shall be responsible for filing the digital documents on which the contract is executed and ensuring it is accessible.
Findster shall only process an order placed by a client after the respective payment is confirmed, for which reason Findster is unable to guarantee product availability until the abovementioned process begins.
Estimated delivery times are merely for informative purposes and any delays shall not entitle the client to receive an indemnity.
If clients intend to import the products to countries other than Portugal and/or to use the products in countries other than Portugal, they shall have to verify, with the authorities of their country, the Terms of Service for import or use of the products, before the purchase, among other matters, with regard to applicable licenses, permits and costs, whereby the client is exclusively liable for obtaining such information.
Findster shall not be held in any way liable for issues that may arise regarding this matter and the client assumes full liability for issues that may arise regarding this matter, such as, for example, the client shall always be liable for any infractions, fines or penalties, levies or any other charges.
The prices payable by the User for the Products to be supplied by Findster under these Terms will be specified in the applicable Order. Unless otherwise expressly stated in an Order, all prices exclude shipping and taxes.
Additional transport charges may be applicable or other costs, among others, fiscal charges, for countries other than Portugal, which shall be borne exclusively by the client. Failure to pay for the order within 10 days counted from the date it was definitively placed implies the automatic cancellation of the order.
Findster reserves the right to unilaterally cancel the order in the event of a programming error or an operating error of Findster operations.
The client undertakes to use the products under the following Terms of Service:
- In conformity with the Terms of Service;
- In conformity with the “Getting Started Guide” and “Setup Guide” available in www.getfindster.com/setup;
- Only for personal purposes, whereby they shall not be used for any commercial purposes (e.g. sale or assignment, for use by third parties);
- In strict compliance with the law, whereby they cannot be used for any purpose or in any way forbidden by law;
- Only in association with products, services or technologies provided by Findster or approved expressly by Findster.
In the event that clients infringe the above when using the products, Findster shall not be liable for the consequences resulting therefrom, whatever they may be, such as, among others, the products work badly, damage to the products or caused to other property or people.
The client acquires the “FINDSTER AP” under the following Terms and Conditions:
- “FINDSTER APP.” does not provide any other type of product, technological solution or service (for example, GPS service), other than that expressly stated in the “PRODUCT DESCRIPTION”.
- Acquisition of the “FINDSTER APP.” entitles the client to an end-user licence with the characteristics itemized below.
- The licence is granted only for personal purposes, whereby all other types of use are excluded.
- The “FINDSTER APP.” cannot be used for any purpose or by any means forbidden by law.
- Reproduction or copy of the “FINDSTER APP.” Is not permitted, nor can any changes be made to this software.
- The licence is non-exclusive, whereby FINDSTER shall remain entitled to grant other licences to third parties under the conditions it considers appropriate at its sole discretion.
- The licence is non-assignable, whereby the client shall not be entitled to assign “FINDSTER APP.” in any way.
- The licence may be granted for consideration or free of charge, according that determined at any given time by FINDSTER.
- No ownership rights over “FINDSTER APP.” are conveyed, such as, among others, copyright and / or associated rights and / or rights regarding computer programs / software and / or industrial property rights, as well as any others of similar nature, commonly jointly referred to as “intellectual property”, for which reason FINDSTER is and shall remain the sole and exclusive proprietor.
- FINDSTER reserves the right to create modified versions of “FINDSTER APP.” in the future, though this shall not render it liable to automatically provide new versions to registered clients, whereby the latter may, if they so wish, acquire other versions that shall be made available to them under commercial conditions to be defined and shall be subject to the licences in force at that time.
- This is a lifelong licence, which shall expire with the death of the client, unless terminated beforehand due to breach by the client, for example, due to infringement of any provision set forth in the TERMS & CONDITIONS.
- Findster Satisfaction Guaranteed
- A return authorization form must be requested from our Customer Care Team within 30 days of the delivery date. To request a return authorization and instructions on how to proceed with a return, please email us at firstname.lastname@example.org;
- You must return the Product to Findster to receive a refund. Returned Product(s) must be in good physical condition (not physically broken or damaged). All accessories originally included with your purchase must be included with your return;
- The return must be done using the shipping label provided by Findster - unless the Findster Customer Care Team explicitly gives you different instructions by email.
- All refunds will be processed via the same payment method used to make the purchase;
- Shipping, processing, handling charges, and taxes paid (such as state, customs, or VAT) are not refundable;
- All shipping charges related to the return will be discounted from the amount refunded and you assume the risk of loss or damage to the returned Product(s) while in transit back to Findster;
- If you return a product to Findster (a) without the shipping label provided by Findster or (b) without all parts and accessories originally included with your purchase, Findster retains the right to either refuse acceptance of such return or charge you a restocking fee of 15% of the original price of the Product(s) or the retail value of the missing parts and accessories, whichever is higher;
- If you purchased a Findster product from a third party, such party will provide information about eligible returns;
- Refunds will be processed and paid within 2 weeks of Findster’s receipt of Product.
- Exclusion of Liability
If you are unsatisfied with your purchase from www.getfindster.com for any reason, you have 30 days from the date of purchase to request a full refund. To qualify for a refund, all the following conditions must be met:
Additional terms and conditions
Findster shall not be held liable under any circumstances, except solely for the liability that results from the legal stipulation that cannot be excluded.
Users/clients agree that online store is used at their account and risk and that the online store and the products provided by Findster are made available “in their current status” and “according to availability”, and also accept that not all the information is provided exhaustively.
In the widest sense possible according to the applicable law, Findster denies all guarantees, express or implicit, included but not limited to implicit guarantees of marketability and convenience for a specific purpose and does not guarantee that the functions contained are uninterruptedly available or are free of errors, that such defects shall be corrected, or that the webpages or the server that provides these are free of virus or other malicious elements; furthermore, in the widest sense possible according to the applicable law, Findster does not guarantee or make representations regarding the use, or results of the use, or the materials on this webpage, or the products in terms of quality, suitability, precision, reliability, safety, or any other aspects.
Findster does not guarantee, in any way, operation and suitability for any use, security, efficacy or approval by domestic or foreign regulatory agencies, and refuses liability for any consequences that may arise from future changes to the law, such as use of the products being forbidden or restrictions on the use of the products.
Clients expressly recognize and accept that the products are used in association with other services (e.g. GPS) which, if these works badly or do not work, may provide wrong data and/or prevent the products from operating correctly and/or for their intended purpose, for which reason they shall expressly waive Findster liability regarding any failures and/or other circumstances that result from the operation of that type of services.
Findster shall not be liable for:
- Losses regarding which the client is at fault;
- Losses regarding which third parties are at fault;
- Losses arising from force majeure or act of God;
- Any circumstances under which any provision of the Terms of Service has been infringed (which includes, inter alia, the duty to comply with the “User Manual”);
- Losses arising from any situation that is unrelated to product hardware;
- Losses related to GPS errors;
- Losses arising from interferences, interruptions, computer viruses, breakdowns or disconnection of the operating system that may prevent users from access and navigation and/or access and the correct use of the products;
- Any other circumstances under which it is not liable according to the law.
The Terms of Service, purchases performed on the Website and everything else related to the Website, transactions, acquisitions and products, are governed by the laws of Portugal.
The Courts of the District of Porto and no other shall have exclusive jurisdiction to settle any dispute regarding the Website, the Terms of Service, the products and any other situation related to Findster and connected to the Terms of Service.
For the purposes of that set forth in art. 18 of Law no. 144/2015, of 08-09, we inform consumers that, in the event of a dispute, they can apply for Alternative Dispute Resolution (ADR), regarding which the following ADR entities are available:
- Porto Arbitration & Consumer Information Centre: www.cicap.pt;
- Lisbon Consumer Dispute Arbitration Centre: www.centroarbitragemlisboa.pt;
- Vale do Ave Consumer Dispute Arbitration Centre / Arbitral Tribunal: www.triave.pt;
- CIAB – Consumer Dispute Arbitration, Mediation & Information Centre (Consumer Arbitral Tribunal): www.ciab.pt;
- CNIACC – National Consumer Dispute Arbitration & Information Centre: www.arbitragemdeconsumo.org;
- Coimbra Consumer Dispute Arbitration Centre: www.centrodearbitragemdecoimbra.com;
- Algarve Consumer Dispute Arbitration, Mediation & Information Centre: www.consumoalgarve.pt;
- Madeira Consumer Dispute Arbitration Centre: www.srrh.gov-madeira.pt.
All refunds will be processed via the same payment method used to make the purchase. If you purchased a Findster product from a third party, such party will provide information about eligible returns and refunds;
Findster reserves the right to amend the Terms of Service without notice and with immediate effect.