These Terms govern the use of this Website, and, any other related Agreement or legal relationship with 3101, Lda, in a legally binding way.
When we refer to Humankind Works, we mean 3101, Lda, a company registered in Portugal with a registered address at Rua Centro Empresarial do Cavaco 125, Centro Empresarial da Feira, 4520-630 São João de Ver.
Access to and navigation on this site are subject to these General Terms and Conditions of Use, presented by the company 3101, Lda, tax no. PT516820648, headquartered at Rua Centro Empresarial do Cavaco, 125, Centro Empresarial Feira, 4520-630 São João de Ver, Portugal, with a contact email: gdpr@3101.co. The User must read this document carefully.
Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.By using this Website, Users confirm to meet the following requirements:
* There are no restrictions for Users in terms of being Consumers or Business Users.
Unless where otherwise specified or clearly recognisable, all content available on this Website is owned or provided by 3101, Lda, or its licensors.3101, Lda, undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
3101, Lda, holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by 3101, Lda, are correctly implemented.Any applicable statutory limitation or exception to copyright shall stay unaffected.
Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that 3101, Lda, has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, 3101, Lda, reserves the right to take any appropriate measure to protect its legitimate interests by denying Users access to this Website or the Service, terminating contracts, reporting any misconduct performed through this Website or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
• Violate laws, regulations and/or these Terms;
• Infringe any third-party rights;
• Considerably impair 3101, Lda’s legitimate interests;
• Offend 3101, Lda, or any third party.
(i) violates any legal or regulatory provision, code of conduct or conditions of use;
(ii) is abusive, indecent, defamatory, obscene, pornographic, menacing or otherwise offensive; or
(iii) violates any provision on confidentiality, intellectual or industrial property rights, privacy or any other third party rights protected by the laws of any state or by any international treaty, (any of these situations referred to as "Offensive Materials").
(i) infringe intellectual property rights, of 3101, Lda, or third parties, or any other proprietary rights relating to software, other programs and any other goods provided by 3101, Lda, for use of the Service;
(ii) use or allow others to use the Service for any purpose that is unlawful or likely to cause any disruption, including the sending or transmission of unsolicited electronic mail (also known as "Spam")
(iii) repair, modify or interfere, as well as insert in the network any type of programs, data or other information, that may, in any way, affect the service, cause damage to third parties or be considered illegal.
Upon completion of the buy process in the customer's personal account, the purchase will be registered and the User will have a deadline, indicated in the payment method selected, to proceed to the payment. At the end of this period, if there is no confirmation of payment, and provided that the User has not selected the payment method, the order will be cancelled. Some payment methods allow the saving of the data required to carry out the payment transaction. However, in this context, no personal data of the User will be stored, so, such data management should be done directly with the service provider. Exception should be made for situations where the service provider allows the management of personal data to be made directly on our website, in which case, whenever in compliance with the applicable legal provisions, the indications issued by the provider will be complied with, in particular in protection of personal data. In either case, no data related to payment information provided by the User will be stored unless prior and express consent has been given by the User.
3101, Lda, offers the following payment method for services purchases made through the online site:
The User can make the payment using a credit card and so benefiting from the liquidity and payment conditions offered by their bank.
All transactions on our website are secure. 3101, Lda, uses a sophisticated fraud detection and prevention mechanism. Through this solution, it is possible to verify the authenticity of payments made online, simultaneously ensuring the integrity and security of the customer's data as well as their identification. This security is enabled by Secure Sockets Layer (SSL) technology, which encrypts communications between customer's software and our server so that communications cannot be intercepted. Therefore, 3101, Lda, reserves the right to refuse the payment of an order if the transaction is found to be unlawful. Any and all activities deemed illegal will be immediately reported to the competent authorities.
3D Secure is a communication protocol designed to improve the security of online payments and to enable the authentication of the credit card User by the credit card issuing bank. Following a payment to an online store, a process is triggered to verify if the card used is valid. Should the credit card be considered valid, the security systems associated with the 3D Secure protocol verify the customer's identity, resorting to the credit card issuing bank in real time, which, in turn, validates the User's identity and reports confirmation that the card used is legitimate. Such control is intended to protect credit card holders by reducing the likelihood of fraudulent use of their cards, ensuring greater effectiveness of the transaction. This protocol is used by Visa, under the name "Verified By Visa" and by Mastercard, under the name "Secure Code".
After selecting the credit card payment option, the required details of the credit card shall be entered, including the credit card number, the expiration date and the respective security code. In that sequence, the customer should click the "pay now" button.
If the payment is declined, a message will be sent to the User, indicating the verified error. In such event, a new payment attempt is recommended; if the problem persists, contact with the respective bank or the credit card issuing entity for further information is recommended.
Once paid, the amount will be debited from the User's credit card account. If, for any reason, there should be the need to cancel the order, in whole or in part, the amount will be refunded within five working days. Predictably, the transaction will be reflected in the User's card statement after three business days from the date it was made.
Payments are always made in € (Euros), even when prices are displayed in other currencies. Some banking entities may charge exchange rates. 3101, Lda, is totally unaware of this fact and therefore takes no responsibility for it.
This payment method is of exceptional use and can only be used after express written authorization by 3101, Lda. If you choose this payment method, the User should send an e-mail to team@3101.co requesting authorization to make the payment by bank transfer If 3101, Lda, authorizes, by email, the User must send the the payment is valid after confirmation of the value by the bank entity. After this confirmation is given continuity of use of the service.
The Holder Of The Account: 3101, Lda
Bank Address: Konstitucijos Ave. 21b, 08130, Vilnius, Lithuania
IBAN: Lt25 3250 0547 0632 8697
SWIFT/BIC: REVOLUT21
The price will remain the same for beta testers, unless they unsubscribe. Subsequent subscription implies the payment of the amount defined at the time of the new subscription. Subscription payments may be annual or periodic.
The organisation reserves the right to launch services and products at a discounted price for a limited period of time and/or a limited amount of units. At any moment, the organisation can suspend the discounted pricing.
The User acknowledges and accepts that 3101, Lda, will issue electronic invoices in exchange for the provision of services subscribed by the client, which will be sent to the email address indicated by the client in its Reserved Area, as well as all accounting documents that are necessary for the correct and valid invoicing of the services provided to the User.
The seller of the products and services offered and sold on this site is 3101, Lda, a company duly established under the laws currently in force in Portugal, whose registered office at Rua Centro Empresarial do Cavaco, 125, Centro Empresarial Feira, 4520-630 São João de Ver.
All issues relating to the protection, infringement or illegal use of copyrighted materials shall be dealt with and resolved on the basis of the copyright protection laws of Portugal. All other issues related to your access or use of this website should be dealt with and resolved based on the laws of Portugal. Any action or legal proceeding relating to or resulting from your access to or use of this site shall be taken in Portugal. As a User of the site, you agree to submit to the jurisdiction of the courts of Portugal; and you agree that jurisdiction is appropriate in such action or legal proceeding. You further agree not to claim, in any action or legal proceeding involving 3101, Lda, that a court in Portugal may be an inappropriate forum for carrying out such action or legal proceeding.
3101, Lda, reserves the right to suspend any of the services contracted herein if: (a) the User violates any of the obligations contained in this contract and does not rectify the situation of non-compliance within 8 (eight) days after request made by 3101, Lda, or receives a complaint from a third party regarding the use, by the User, of the services to store, maintain or transmit "Offensive Materials", or receives communication from a public entity informing that the User may be using the services in violation of applicable legal provisions, or if the User violates in any way the provisions of Clause 3, in all cases after written request to the User, with 8 (eight) calendar days notice for the User to remedy the defaulting behavior.
Note: Some payment providers do not allow refunds within a few months of the original payment. In such cases, the User will be asked to indicate a national bank account to which the refund due should be made. To this end, the customer must provide a bank statement which identifies the IBAN, the SWIFT code, the name of the bank in question, as well as the ownership of the respective account. 3101, Lda, reserves the right not to make the refund while the customer does not comply with the necessary formalities to confirm the ownership of the account.
In the event of a consumer dispute as established in Law no. 144/2015, of the 8th of September, the consumer may resort to the European Platform for Online Dispute Resolution (available at http://ec.europa.eu/consumers/odr) or to the following alternative consumer dispute resolution entities:
• CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (www.arbitragemdeconsumo.org);
• Oporto Consumer Information and Arbitration Centre (www.cicap.pt);
• Consumer Information, Mediation and Arbitration Centre (Consumer Arbitration Court) (www.ciab.pt);
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at 3101, Lda’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
• CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (www.arbitragemdeconsumo.org);
• Oporto Consumer Information and Arbitration Centre (www.cicap.pt);
• Consumer Information, Mediation and Arbitration Centre (Consumer Arbitration Court) (www.ciab.pt);
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, 3101, Lda, expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from 3101, Lda, or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, 3101, Lda, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees, do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
3101, Lda, does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and 3101, Lda, shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. 3101, Lda, cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall 3101, Lda, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:
• Any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• Any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• Any errors, mistakes, or inaccuracies of content;
• Personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• Any unauthorized access to or use of 3101, Lda’s secure servers and/or any and all personal information stored therein;
• Any interruption or cessation of transmission to or from the Service;
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• The defamatory, offensive, or illegal conduct of any User or third party. In no event shall 3101, Lda, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to 3101, Lda, hereunder in the preceding 12 months, or the period of duration of this agreement between 3101, Lda, and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold 3101, Lda, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, supplier,s and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• Any content that is submitted from User’s account, including third party access with User’s unique Username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s wilful misconduct; or
• Statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
3101, Lda’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, 3101, Lda, reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, 3101, Lda, may also decide to suspend or terminate the Service altogether. If the Service is terminated, 3101, Lda, will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside 3101, Lda’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts, etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without 3101, Lda’s prior express written permission, granted either directly or through a legitimate reselling programme.
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Website are the exclusive property of 3101, Lda, or its licensors, and are subject to the protection granted by applicable Portuguese laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of 3101, Lda, or its licensors, and are subject to the protection granted by applicable Portuguese laws or international treaties related to intellectual property.
3101, Lda, reserves the right to amend or otherwise modify these Terms at any time. In such cases, 3101, Lda, will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from 3101, Lda.
If required by applicable law, 3101, Lda, will specify the date by which the modified Terms will enter into force.
3101, Lda, reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of 3101, Lda.
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and 3101, Lda, with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, a valid agreement, and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the Portuguese law, the place where 3101, Lda, is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where 3101, Lda, is based – subject to Portuguese Law and to the jurisdiction of Portuguese Courts - as displayed in the relevant section of this document.
The property that enables the provision of the Service.
Any legally binding or contractual relationship between 3101, Lda, and the User, governed by these Terms.
Any User that does not qualify as a Consumer.
Applies when a User is physically present or has their registered offices within the EU, regardless of nationality.
Indicates the natural person(s) or legal entity that provides this Website and/or the Service to Users.
The service provided by this Website as described in these Terms and on this Website.
All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
Indicates any natural person or legal entity using this Website.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.