The last amendment to this Use Agreement is dated June 30, 2017
1. General Terms and Conditions
4. Rights and Obligations
9. Transitional and Final Provisions
1. General Conditions and Definitions
U.MAKE.ID - a registered trademark owned by the company Pictonio, Lda, corporate entity number 508813050, registered under this number at the Aveiro Commercial Registry Office, located at Rua dos Marnotos, 64, 3800-220 Aveiro.
"Clients" – those who use the U.MAKE.ID website to create one or more user profiles.
User profiles are of 3 types:
1st "Simple User" - any person or entity that visits the website until they become either a “Manufacturer User” or a “Brand User”.
2º "Manufacturer User" – any person or entity, service providers and/or seller of products that is registered in the U.MAKE.ID website and intends to receive requests from potential interested parties in the provision and/or acquisition of those services/products through it .
3rd “Brand User” - any person or entity that is registered in the U.MAKE.ID website who wish to send requests to "Manufacturer Users" in order to provide and/or purchase the promoted services/products.
"Customer Information" - any information provided by the Client, either during the phase of registration in the website, or during the construction and updating of their profile information, or regarding the description of their requests, or any other action from the use of the website.
"Order" - a description made by the "brand user" of the service or product you wish to see or acquire from the "manufacturer user"
"System" - computer equipment, data storage and transmission, computer program and applications, command sequences and automatic data analysis and automatic processes which are used by U.MAKE.ID
"Website" (from U.MAKE.ID) - website and respective domain, accommodation space, page or set of Internet pages, its contents, additional information graphics, whose content is generated by U.MAKE. IDENTITY.
B) General Conditions
1.1 The U.MAKE.ID website is an online platform where "Manufacturer Users" promote their services and/or products through a profile page, where "Brand Users" can then search for, access and send their requests to in the provision and/or acquisition of certain service/promoted product.
1.2 The requests are sent directly by the brand user to the Manufacturer user in case the Manufacturer wishes to submit offers for the services and/or products requested and their budgets directly.
1.3 The Brand user is responsible for evaluating the budget proposals and services presented by the Manufacturer. The choice of Manufacturer is the Brand’s responsibility.
1.4 U.MAKE.ID is limited in its intervention to facilitating the contact between Brands and Manufacturers and vice-versa (it operates as a "middleman"). Thus, U.MAKE.ID cannot be held responsible for Brands or other users of the platform with respect to the accuracy of information provided by users, purchases and/or shipments of products and employment of services.
1.5 The Brand may also choose not to select any of the Manufacturers who may contact it for the presentation of their respective budgets, in the same way that the Manufacturer may not even submit any proposal to the Brand. All the parties involved in such transactions must be aware that U.MAKE.ID has no direct input in any contract between Brand and Manufacturer and has no responsibility as to whether any of the parties fulfill their end of the deal.
1.6 The information regarding orders, Brands and Manufacturers appearing on the website is provided by its users.
1.7 Manufacturer, Brand or simple users are obliged to include only true and correct information on the website. Besides this, whenever necessary according to the servisse or product to be marketed, the supporting documents for the exercise of the respective activity.
1.8 U.MAKE.ID shall not be liable for the information referred to in the preceding paragraph, and the Brand shall, prior to the selection of the Manufacturer, evaluate and verify the truthfulness, correctness and integrity thereof.
1.9 The presentation by the Manufacturer to the Brand of fraudulent proposals or false or incorrect documents, can not, under any circumstances, be of U.MAKE.ID’s responsibility. The responsibility of such actions belongs to the Brand, regarding the selection of the Manufacturers and for the confirmation of the information provided by them.
3.1 U.MAKE.ID guarantees the continuous and correct functioning of your website, except in situations in which, for reasons beyond its control, such fulfillment can not be required.
3.2 U.MAKE.ID reserves the right, as the owner of the Website, to suspend or terminate its operation whenever it understands that there are justified reasons to do so (related either to third parties or their business model). In these situations, the users will be contacted as soon as possible.
3.3 Brands, Manufacturers and other users must be mindful of compliance with legislation, especially regarding competition, protection of consumer rights, misleading advertising and discrimination, when submitting information. Obscene or indecent content, contrary to good customs or pornography are strictly prohibited, as well as referrals to other websites in any form.
3.4 Brands, Manufacturers and other users pledge to ensure that none of the information made available to U.MAKE.ID contains computer viruses, macro viruses, Trojan horses, worms or anything that may cause interference or may disrupt the operational procedures of a computer.
3.5 They are also prevented from accessing the system without express authorization, as well as clandestinely intercalating or intercepting data or information of any kind, in particular of a personal nature.
3.6 U.MAKE.ID shall not be held responsible for any error, omission, inaccuracy or falsity of the information transmitted by the Brands, Manufacturers and other users
3.7 U.MAKE.ID reserves the right not to use in any way any information that violates this User Agreement.
4. Rights and Obligations
4.1 The acceptance as Brands, Manufacturers and simple users to the Use Agreement constitutes a contract between them and U.MAKE.ID, resulting in rights and obligations for each of the parties, namely:
4.1.2 The Brands, Manufacturers and other users pledge not to submit requests that are not admitted by law or by the terms of this Use Agreement.
4.1.3 Brands, Manufacturers and other users are solely responsible for the content and accuracy of any information provided.
4.1.4 Brands, Manufacturers and other users agree not to copy, reproduce, modify or in any way use any content of the website, nor to use works and requests that have been made known by this means for purposes other than the Contract negotiated and/or concluded through the contacts made available by the website. Besides, they vow not to send this information to third parties or otherwise disclose requests contained in the website, distribute or publicly display any content of the website without previous and express authorization of U.MAKE. ID.
4.1.5 The Brands, Manufacturers and other users pledge not to use the U.MAKE.ID website for its content or services for a purpose other than that for which it is intended, namely for illicit, illegal or able to collide with legally protected alien rights.
4.1.6 The Manufacturers are obliged to provide the services and perform the works in accordance with the good practices of their professional activities and to respect the codes of ethics and the technical regulations that fit them.
5.1 U.MAKE.ID is not, in any way, part of the contractual relationship established between Brand and Manufacturer, and therefore they acknowledge that no liability can be attributed to it, in particular as regards the performance of the contract and the fulfillment of the contractual duties from both parties.
5.2 Likewise, no liability can be attributed to U.MAKE.ID for any breach of contract by any of the parties or extra contractual, as well as for any loss or damage that may result to any of the parties.
6.1 Conflicts arising from relationships established between Trademarks, Manufacturers and other users shall be reported to U.KE.ID.
6.2 The information collected as a result of the previous paragraph is intended to enable U.MAKE.ID to improve and update information regarding those registered on its website.
7.1 U.MAKE.ID has the right to clarify and ascertain, on its own initiative and whenever it deems necessary, any claims it may have in order to evaluate and decide on the permanence of the Trademarks, Manufacturers and other users on its website.
7.2 The use of the website may be suspended for a certain period whenever it is demonstrated that any of the obligations of the Brands, Manufacturers and other users resulting from this usage agreement have been violated.
7.3 The Brands, Manufacturers and other users may be definitively prevented from using the website whenever a breach of this Use Agreement is proved to have been sufficiently serious, depending on the behaviour or the means used or the damages caused.
7.4 U.MAKE.ID reserves the right to suspend or terminate the service provided by the use of its website to a Brand, Manufacturer or other user whenever it is suspected that it is violating or intends to violate the provisions of this Use Agreement or in applicable legislation.
7.5 The possibility of retention of the subscriptions already paid and the cases in which it is foreseen the return of the same to the respective users are included in the policy of return, found here.
Beta Phase Project, free until its launch.
9. Transitional and final provisions
9.1 In the event that any or some of the clauses and provisions of this Use Agreement are found to be invalid, the same shall not be used, without questioning the validity and application of the rest.
9.2 The implied or explicit breach from a Brand, Manufacturer or other user of any provision of this Agreement, determines the termination, with immediate effect, of access to the website.
9.3 This Use Agreement constitutes the entire agreement between U.MAKE.ID and the Brands, Manufacturers and other users, substituting all other previous documents, including communications, exchanges of intent or other agreements concerning the same content.
9.4 Any communication made within the scope of or for the purpose of implementing or complying with this Agreement may be made via email, simple mail to the contacts on the website and information collected from users.
9.5 Any changes to the terms of this Use Agreement need to be written and made known to the counterparty, assuming acceptance of the agreement if, after becoming aware of them, the use of the website remains.
9.6 Nothing in this Agreement constitutes or is likely to be confused with the formation of any partnership, joint ventures, mandate, commission or other relationship other than arising out of the contractual link contained in the agreement entered into by the acceptance to this Agreement.