Terms and Conditions

TERMS OF SERVICE

OVERVIEW

This site is operated by LusitaniaHomes. Throughout the site, the terms “we”, “us” and “our” refer to LusitaniaHomes. LusitaniaHomes provides this website, including all information, tools and services available from this site to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing anything on our site, you are using our “Services”. Accordingly, you agree to the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including, without limitation, users who are browsers, suppliers, customers, tenants and/or content contributors.

Please read these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to the Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current shop shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, amend or change any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of such changes.

Our shop is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services.

SECTION 1 – SHOPIFY TERMS

By agreeing to the Terms of Service, you confirm that you are of legal age in your state or province of residence and that you have given us your consent to allow any of your underage dependents to use this site.

You must not use our products for any illegal or unauthorized purpose. You also may not, in your use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You shall not transmit any viruses or any code of a destructive nature.

Violating any of the Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and may: (a) be transmitted over various networks; and (b) change to adapt and conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer between networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the site through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and do not limit or affect the Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND UPDATING OF INFORMATION

We are not responsible for information made available on this site which is not accurate, complete or current. The material on this site is provided for informational purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Any use of the material on this site is at your own risk.

This site may contain certain historical information. Historical information may not be current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – CHANGES TO SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Website. Such products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to most accurately display the colours and images of our products that appear in the shop. We cannot guarantee that the display of any colour on your computer monitor will be accurate.

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right as appropriate. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer made for any product or service on this site is void where prohibited by law.

We do not guarantee that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the number of products per person, per household or per order. Such restrictions may include orders placed on the same customer account, the same credit card, and/or orders using the same invoice and/or shipping address. If we make changes or cancel an order, we may notify you by email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by merchants, resellers or distributors.

You agree to provide your complete account and purchase information for all purchases made in our shop. You agree to promptly update your account and other information, including your email, credit card numbers and expiry dates, so that we may complete your transactions and contact you when necessary.

For more details, please review our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may give you access to third party tools that we do not monitor or have any control over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible in any way for your use of optional third party tools.

Any use of optional tools offered through the Site is entirely at your own risk and you familiarise yourself with and approve the terms of the tools that are provided by third party vendor(s).

We may also, in the future, offer new services and/or features through the site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD PARTY LINKS

Certain products, content and services available through our Service may include materials from third parties.

Third party links on this site may direct you to third party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy. We do not warrant, and have no obligation or responsibility for, any third-party materials or sites, or for any other materials, products, or services of third parties.

We are not responsible for any damages or losses related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK, ETC. FROM USER

If, at our request, you submit certain specific items (e.g., participation in a contest), or without a request from us, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively called ‘comments’), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments you forward to us. We are not responsible for: (1) keeping any comments confidential; (2) indemnifying you for any comments; or (3) responding to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be against the law, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable, or that violates the intellectual property of others or these Terms of Service.

You agree that your comments will not violate any third party right, including copyright, trademark, privacy, personality or other personal or proprietary right. You agree that your comments will not contain any defamatory, illegal, abusive or obscene material. They will also not contain any computer virus or other malware that may affect the operation of the Service or any related site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

The submission of your personal information via the shop is governed by our Privacy Policy. See our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our website or the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping rates, the shipping time and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related site is inaccurate, at any time and without notice (even after you have submitted your order).

We assume no obligation to update, change or clarify information on the Service or any related site, including, without limitation, pricing information, except as required by law. No specific update or update date in the Service or on any related site shall be used to indicate that all information in the Service or on any related site has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or the Content for: (a) unlawful purposes; (b) soliciting others to perform or participate in any unlawful acts; (c) violating any international, provincial, state or federal regulations, rules, laws or local ordinances; (d) infringing or violating our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, damage, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) present false or misleading information; (g) upload or transmit viruses or any other malicious code that will or may be used to affect the functionality or operation of the Service or any related site, other sites, or the Internet; (h) to collect or track the personal information of others; (i) to send spam, phishing, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related site, other sites, or the Internet. We reserve the right to terminate your use of the Service or any related site for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent or justify that your use of our Service will be timely, secure, error-free or interruptive.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time, we may remove the service for indefinite periods of time or cancel it at any time without notifying you.

You agree that your use or inability to use the service is at your sole risk. The service and all products and services delivered through the service are, except as stated by us) provided without warranty and on an as available for your use basis, without any representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, quantity, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall LusitaniaHomes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential loss, loss, claim or damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the service or any products purchased using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind as a result of your use of the service or any content (or product) posted, transmitted or otherwise available through the service, even if advised of such possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold LusitaniaHomes and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any claim or demand, including reasonable attorneys’ fees, by any third party due to your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 – INDEPENDENCE

In the event that any provision of these Terms of Service shall be determined to be illegal, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall continue after termination of this Agreement for all purposes.

These Terms of Service are in effect unless terminated by you or by us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you stop using our site.

If in our sole discretion you fail to comply with any term or provision of these Terms of service, we may also terminate this agreement at any time without notice and you will be liable for all amounts due up to the date of termination; we may also deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

If we do not exercise or enforce any right or provision of these Terms of Service, that will not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement between us. These Terms govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 18 – APPLICABLE LAW

These Terms of Service and any separate agreements whereby we provide you the Services shall be governed by and construed in accordance with the laws of .

SECTION 19 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our site periodically. Your continued use of or access to our site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at lusitaniahomes@lusitaniahomes.com.

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