ARGO

Welcome to ARGO WORLD EXPLORER’s terms and conditions of use.

These are the terms and conditions upon which we provide our services.

By accepting this agreement by clicking on the check box while opening the App for the first time, you agree to and accept that these terms and conditions will form part of the agreement between us, are incorporated into and form part of our agreement with you and the earliest date that you do this will be the Effective Date of this agreement.

The App ARGO WORLD EXPLORER belongs to THE ARGONAUT COMPANY, LDA., based in Rua Barão Laranjeiras 130, 9500-294 Ponta Delgada PORTUGAL (referred to within this document as the Supplier).

All products and services provided by the Supplier, including mobile, web, and desktop applications, are the property of THE ARGONAUT COMPANY, LDA.

For this Agreement’s purposes, the Customer will mean any user of any of ARGO WORLD EXPLORER’s products or services.

If you require any clarifications or have any suggestions to include or amend any items attached, please don’t hesitate to contact us at info@argoworldexplorer.com.

Access to the App

The Supplier, as the owner of the App, may, at any time, prohibit its access to customers for short periods, namely for repair or maintenance.

2. Intellectual Property Rights

THE ARGONAUT COMPANY, LDA. owns all Intellectual Property related to the App:

including all patents, trademarks, and copyrights associated with our products and services and any derivatives, improvements, or amendments thereof.

excluding content uploaded by ARGO’s users.

The Customer acknowledges and agrees that the Supplier and/or its licensors own all intellectual property rights in the Services.

This Agreement does not grant the Customer any rights to, or in, patents, copyright, database rights, trade secrets, tradenames, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the services.

3. Privacy and treatment of personal data

Users will always be asked to provide an email contact and a password when setting up an account.

It is up to the User to keep this data safe and change it if there are signs of abuse of the account by unauthorised third parties.

Likewise, if the users’ data or personal information changes, it will be their responsibility to update those elements.

The privacy of the Users of our App is a particular concern for the Supplier.

Accordingly, we have approved a Privacy Policy that sets out the general principles applicable to collecting and processing personal data, which we will strictly comply with.

4. Third Party Software

The Supplier incorporates third party software which is used within the App.

The Customer and Users acknowledge and agree that use of the App will be subject to the terms of any third-party licence agreements applicable to such third-party software.

5. Limitations of Liability

The parties do not exclude or limit their liability to each other for fraud, death or personal injury caused by their negligent act or omission or wilful misconduct or any claim that cannot be limited or excluded by mandatory applicable law.

The parties shall not be liable for any Consequential Loss arising out of or related to this Agreement or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, even if the party was advised of the possibility of such damages.

The parties shall not be liable for any loss of profits (whether categorized as direct or indirect) arising out of or related to this Agreement, whether based on contract, tort (including negligence or breach of statutory duty), misrepresentation, or otherwise, even if a party was advised of the possibility of such damages.

The Company’s total liability to the Customer in aggregate (whether in contract, tort or otherwise) for any and all claims relating to or arising under this Agreement or based upon any claim for indemnity or contribution shall be limited to the total Fees (excluding all taxes) paid by the Customer to the Company during the 12-month period prior to the date on which any such claim arose.

If the duration of the Agreement has been less than 12 months, such a shorter period is applicable.

The Customer shall be liable for any breaches of this Agreement caused by the acts, omissions, or negligence of any Authorised Users or Clients who access the Services and Solution as if such acts, omissions, or negligence had been committed by the Customer itself.

The Customer shall not raise any claim under this Agreement more than one year after the discovery of the circumstances giving rise to a claim; or the effective date of termination or expiry of this Agreement.

The parties acknowledge and agree that in entering into this Agreement, each had recourse to its own skill and judgment and has not relied on any representation made by the other, their employees, or agents.

6. Customer Obligations

The Customer Shall not:

except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties: attempt to copy, modify, duplicate, create derivative works from, mirror, frame, republish, display, download, transmit, or distribute all or any portion of the Software and/or Documents (as applicable) in any form or media or

attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the Software, or

(b) Access all or any part of the services to build a product or service which competes with the Services provided by the Supplier, or

(c) Use the Software provided by the supplier to provide services to third parties except to the extent expressly permitted under this agreement or agreed in writing with the Supplier, or

(d) License, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the Services provided by the Supplier to any third party, or

(e) attempt to obtain, or assist third parties in obtaining, access to the Services, other than as expressively permitted by this agreement.

The Customer shall:

Ensure it has all the necessary, appropriate consents and notices in place to enable lawful transfer of the personal data to the supplier for the duration and purposes of this agreement.

(b) Ensure that all personnel who have access to and/or process Personal data are obliged to keep the personnel data confidential, and

(c) Use the Software provided by the supplier to provide services to third parties except to the extent expressly permitted under this agreement or agreed in writing with the Supplier, or

(d) Be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Supplier’s systems.

7. Customer Data

The Customer shall own all rights, title, and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy, and quality of the Customer Data and hereby grants to Supplier, and its affiliates and sub-contractors, permission to use, including without limitation to copy, edit, display or transmit, the Customer Data in connection with the provision of the Services only (and including in order to test new functionality and fix any defects or bugs in the Services provided by the Supplier to the Customer.

The Supplier shall back-up Customer Data in accordance with good industry practice.

In the event of any loss or damage to Customer Data, the Customer’s sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by the Supplier.

The Supplier shall not be responsible for any loss, destruction, alteration, or disclosure of Customer Data caused by a third party (except those third parties subcontracted by the Supplier to perform services related to Customer Data maintenance and backup).

Both Parties will comply with all applicable requirements of the relevant Data Protection Legislation, including the General Data Protection Regulations (GDPR).

8. Changes to these TCU

THE ARGONAUT COMPANY, LDA. reserves the right to make necessary changes to these Terms and conditions.

Should this happen, an updated policy will be published on site.

9. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the Republic of Portugal.

The courts of the Republic of Portugal shall have exclusive jurisdiction for the settlement of all disputes arising under this Agreement.

Suggestions and complaints

Should customers or users have any questions about these terms and conditions or any other queries or suggestions regarding our products and services, in that case, please contact us at info@argoworldexplorer.com.

THE PARTIES HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.