1. Service Description
This “Website” is owned and managed by Smarkio, S.A., headquartered at Rua Alfredo Allen, nº 455 and 461, 4200-135 Porto, Portugal and with NIPC 513583289, (“Smarkio”).
Smarkio is the corporate name of the company that operates under “Impacting talent” brand.
By using this website, you agree to these Terms & Conditions.
When you visit our website, you will find information related to Smarkio commercial offerings or, on the other hand, you will find various articles of original, free, and unbiased publication. Smarkio recommends that the user independently verify the accuracy of the information provided before making any decision based on it.
To keep users aware of the personal data that Smarkio collects, how it is used, and in what circumstances it is accessible to third parties, we will publish on the website information about any changes to our privacy policy or new features that consequently imply the collection or use of users’ personal data.
We remind you that, in accordance with our Privacy Policy (which remains available for consultation here) you can withdraw your consent at any time by sending an email or to the address provided in the Privacy Policy mentioned above.
Likewise, if there are any doubts about the operation of this Smarkio website, you can use the contacts mentioned there to have them clarified.
2. Limitation of Liability
The User expressly assumes all and any risk arising from the use of the services or the sharing of personal data referred to above unlawfully or without the authorization of its owner.
Smarkio is not responsible for the impossibility of use, business interruption, nor for direct or indirect, special, incidental, or consequential damages of any kind of negligence (including loss of profits).
Smarkio does not guarantee that the service meets the User’s requirements, nor that the service is uninterrupted, secure on open networks, timely or error-free, nor does it ensure the results obtained from the use of the Service or the accuracy or reliability of the information obtained through the service. Also, it does not guarantee the correction of defects in the Service.
The website may refer to hyperlinks to other third-party websites that are outside the control of Smarkio and are not controlled by it. If the user accesses other websites using these links, they should be aware that these websites may eventually request and collect personal data, according to their respective privacy policy, which may be different from Smarkio and over which Smarkio has no responsibility.
3. Prohibition of Resale or Commercial Use of Services:
The use of the Services is solely for Users and Smarkio‘s Clients (Sponsors). Users and Sponsors agree not to assign or make any commercial use of the Service without Smarkio‘s express consent.
4. User Conduct:
The User is solely responsible for the content of the transmissions derived from the use of the Service. The use of the Service by the User shall be subject to the applicable national, European, and international legislation.
The User understands and agrees:
- Not to use the Service for unlawful or prohibited purposes in this document;
- Not to interfere with systems of networks connected to the Service, nor to disrupt them;
- To comply with all regulations, provisions, and procedures of the network systems connected to the permission marketing service.
Smarkio may, at its sole discretion, terminate its services immediately if the conduct of any User is not in accordance with these Terms & Conditions.
5. Indemnification:
The User agrees to indemnify and hold harmless Smarkio, its subsidiaries, affiliates, directors, and employees from any claim or proceeding, including reasonable attorney’s fees, resulting from the improper use of the services, as well as from the User’s infringement of this agreement.
6. Modifications to the Service Conditions:
Due to the specificities of the Smarkio website and in order to provide the most suitable service at all times, Smarkio may modify the Terms & Conditions. Users will be considered notified of these modifications through the communication of the changes on one of our websites so that the user is aware of them. The uninterrupted use of Smarkio‘s websites by the user will constitute ratification of this document, including any introduced modifications and changes.
7. Service Modifications:
For the same reasons mentioned above, Smarkio reserves the right to modify or discontinue any of its services, in whole or in part, with or without notice to the user or reader. Smarkio will not be responsible to the user or any third parties for exercising its right to modify or discontinue its services.
8. Termination of the Relationship:
Both the user and Smarkio may terminate the services at any time, without prior notice, with or without justification, and the decision will be immediately effective. If the user disagrees with any clause of the Terms & Conditions of this agreement or any of its modifications or is not satisfied with the services provided and explained here, the user must:
- Stop using the services;
- Cancel their subscription to the services;
- Notify Smarkio of their intention.
Upon request, the services will be terminated after a reasonable period for completing the process, which in the case of exercising rights may take 30 days or 60 days in cases of special complexity.
9. Intellectual Property and Copyright
All content on this website, such as photographs, drawings, graphics, engravings, icons, text, software, trade names, trademarks, logos, or any other distinctive signs that are susceptible to industrial and commercial use, is the property of Smarkio or third parties who have authorized its inclusion on this website and is protected by Copyright and Related Rights, and Industrial Property Rights, under Portuguese and European Union laws, international conventions, and other laws. The user may not reproduce, modify, transform, disassemble, reverse engineer, distribute, rent, provide, make available to the public, or allow access to any of the elements referred to in the previous paragraph through any form of public communication. The user must use the materials, elements, and information accessed through this website solely for their personal needs. The commercial exploitation, direct or indirect, of the same is expressly prohibited unless prior written authorization is granted by Smarkio or, as the case may be, by the third-party owners of the intellectual and industrial property rights.
10. Forum:
This agreement will be governed by Portuguese law, and the parties will submit, in case of a dispute, to the judges and courts of the Porto District (Portugal).