Terms of Service

1.1 These Terms of Service ("Terms") are intended for the use of the orangecatdesign.com website (the "Website" or "Service") by any Users ("User" or "Users").

1.2 The Service is operated by Marina Varisco Novaes, with registered office at Rua da Juventude 28 R/C Esq, 2730-110 Barcarena, Lisbon, Portugal, hereinafter referred to as the "Provider".

2.1 Access and use of the Service presuppose full and unreserved acceptance of these Terms.

2.2 If the User does not agree with any of the Clauses set forth in the Terms, the User should abstain from using the Website.

3.1 The User shall use the Website responsibly, guided by good faith criteria and in accordance with the applicable law, set forth in Clause 22.

3.2 The Provider reserves the right to make changes, modifications, suspensions and the total or partial termination of the Service at any time, upon prior notice to the User at least 14 days in advance.

4.1 The User undertakes not to:

5.1 The specific characteristics of the services and products provided by the Provider will be described on the Website itself or in a specific contractual proposal.

5.2 The contracting of the Service may be subject to specific additional conditions that will be duly communicated to the User in advance.

6.1 The User shall pay a price for the use of the Services made available, which will be presented and developed in a clear and legible manner on the Website or in an individual contractual proposal.

6.2 The price and form of payment shall be made under the terms and deadlines indicated in the contractual proposal.

6.3 Payments may be processed through third-party payment service providers, to whom the strictly necessary data may be communicated, under the terms of the Privacy Policy.

6.4 In case of purchase of any product or subscription to any service, the Provider may ask the User for valid and complete payment information related to the transaction or attesting to the User's identity, which is defined in a specific contractual proposal.

6.5 Billing will be issued under the applicable legal terms.

6.6 Any penalties for late payment, as well as automatic payment modalities, will be established, if applicable, in a specific contractual proposal with the User.

7.1 Loyalty periods of the User may be established, in compliance with the applicable legal provisions, in a specific contractual proposal.

7.2 The deadlines for early termination or prior termination of the Agreement will be defined in a specific contractual proposal, subject to the applicable legal provisions.

8.1 The cancellation and refund conditions will be established in a specific contractual proposal, depending on the contracted service and communicated clearly and in advance to the User.

9.1 The Provider does not always guarantee that the Service will be available and error-free.

9.2 There may be interruptions due to technical reasons, maintenance or force majeure.

10.1 Force majeure is considered to be all unforeseeable and/or unavoidable events that both Provider and User cannot control that may prevent the normal fulfilment of the agreed obligations.

11.1 The Provider may at any time correct errors, inaccuracies and omissions on the Website without prior notice to the User.

12.1 Promotions, competitions and campaigns may be made available on the Website under their own terms, which will prevail in the event of a conflict with these Terms.

13.1 All content on the Website, namely texts, images, logos and design are full property of the Provider or third parties duly authorized for this purpose.

13.2 The reproduction or use of the contents referred to in the previous paragraph is expressly prohibited without prior written authorization from the Provider. The User may incur civil and criminal liability.

14.1 The Service may contain links to third-party websites or services that are not owned or controlled by the Provider.

14.2 The Provider is not responsible for the privacy policies or content made available by any external links or third-party content, nor for any loss or damage arising from the use thereof.

14.3 The User should consult the terms of any external link that he visits.

15.1 In terms of personal data, provisions contained in the privacy policy of the Website shall be observed and fully respected, which will be in accordance with the applicable national and community legislation, including the General Data Protection Regulation (GDPR).

16.1 The Provider reserves the right to suspend and terminate the Service for reasons attributable to the User, not excluding the indemnity obligation under the following Clause.

17.1 Any damages arising from the violation of the clauses of these Terms, for reasons attributable to the User, give rise to the obligation to indemnify the Provider for emerging damages and loss of profits, to be assessed under the general terms of the Portuguese Civil Code.

18.1 The Provider does not guarantee that any service or product offered by the Website will increase the number of customers or profits to the User.

18.2 The Provider is not responsible for indirect or merely economic losses that the User may have due to the use of the Service, which arise from a market economy within a competitive framework.

18.3 It should be noted, however, that based on similar experiences, the Service typically provides Users with increased visibility and economic gains as described in the conditions set out on the Website.

19.1 In the event that any of the provisions of these Terms is deemed null or invalid, ineffective or unenforceable by a competent authority for this purpose, such invalidity, ineffectiveness or unenforceability shall not affect the validity of the remaining provisions, and both the Provider and the User undertake to agree, in good faith, on a provision that replaces it and that, as far as possible, produces similar effects.

19.2 In the event of reasonable doubt as to the interpretation of any Clause of these Terms, and if it cannot be resolved by the legal criteria of interpretation and integration of gaps, the interpretation that an average person acting diligently would give shall prevail, observing criteria of equity, without prejudice to the provisions of the applicable legislation on general contractual clauses.

20.1 Failure to demand compliance with a right does not constitute, at any time, a waiver, express or tacit, of that right.

21.1 Any change to the Terms shall be communicated to the User in writing at least 14 days in advance.

22.1 Portuguese Law, including its interpretation, application and execution, as well as omissions, applies, including, in particular, the Portuguese Civil Code.

22.2 Any conflicts or disputes arising from the application, interpretation or integration of these Terms shall be resolved in accordance with the dispute resolution mechanisms set out in the following Clause.

23.1 Any dispute arising from the contractual relationship must be resolved through arbitration, using the Arbitration Rules of the International Chamber of Commerce (ICC), with the arbitral award being internationally enforceable, by virtue of the New York Convention dated June 10, 1958.

23.2 In the event of a dispute, the seat of arbitration will be Lisbon, without prejudice to the sessions being conducted in a telematic format, reserving the choice of procedure, such as the appointment of arbitrators for a later time.

23.3 The language of the arbitration shall be English.

23.4 The Provider and the User, prior to any recourse to arbitration, shall endeavour to resolve disputes arising from the contractual relationship through mediation, considering the ICC Mediation Rules.

23.5 In the event that it is impossible to resolve disputes by the means indicated in the previous paragraphs, issues relating to these Terms shall be submitted to the district Court of Lisbon, with express waiver of any other.

24.1 Any doubts arising from the reading of the Terms can be clarified through the following contact contact@orangecatdesign.com