Terms and Conditions
Last Updated: 9 April 2024
Welcome to Elastik Episode Lda! We’re excited to have you join us. Below is a detailed overview of the rules and regulations governing your use of our website and services. Please take the time to read through them carefully. If you have any questions or concerns, please get in touch with us.
1. Definitions
This section provides clear definitions for key terms used throughout these Terms and Conditions. Understanding these definitions will help you navigate our policies more effectively.
1.1. Elastik Episode Lda: Refers to our business consulting services operated by Elastik Episode Lda company with its registered address at Avenida de Badajoz Lote 1, Elvas, Portugal, phone number +351932733658, and email elastikepisodelda@outlook.com.
1.2. Website: Encompasses the Elastik Episode Lda website, accessible at elastikepisode.com, and any associated subdomains.
1.3. User: Any individual or entity accessing or using our website.
1.4. Services: Include the business consulting services provided by Elastik Episode Lda, such as strategic planning, market research, financial consulting, and operational optimization.
1.5. Content: Refers to any text, images, graphics, audio, or video materials found on our website.
2. Use of Our Website
This section outlines the terms of use for our website and the responsibilities users have when accessing and using our platform.
2.1. Access and Modification: Users are granted temporary access to our website, and we reserve the right to modify or discontinue any aspect of our website without prior notice.
2.2. Lawful Use: Users are responsible for ensuring that their use of our website complies with all applicable laws and regulations.
2.3. Prohibited Activities: Users agree not to use our website for any unlawful purposes or in a manner that could impair its functionality.
3. Licence to Use
Here, we detail the permissions granted to users regarding using our website and services.
3.1. Scope of Licence: Elastik Episode Lda grants users a limited, non-transferable licence to access and use our website and services for their intended purposes only.
3.2. Restrictions: Users must not sublicense, modify, or distribute any part of our website or services without written consent.
3.3. Compliance: Users agree to comply with these Terms and Conditions and refrain from using our website in a manner that violates any applicable laws or third-party rights.
4. User Accounts
In this section, we provide information about user accounts and their associated responsibilities.
4.1. Account Creation: Users may need to create an account to access certain features or services on our website.
4.2. Account Information: Users agree to provide accurate and up-to-date information when creating an account and to update their details if they change promptly.
4.3. Account Security: It is the user’s responsibility to maintain the confidentiality of their account credentials and to notify Elastik Episode Lda immediately of any unauthorised account use.
4.4. Account Termination: Elastik Episode Lda reserves the right to suspend or terminate user accounts if users violate these Terms and Conditions or engage in inappropriate conduct.
5. User Content
Here, we outline users’ rights and responsibilities regarding the content they submit on our platform.
5.1. Ownership: Users retain ownership of any content they submit through our website (“User Content”).
5.2. Licence Grant: By submitting User Content, users grant Elastik Episode Lda the right to use and display such content to operate and improve our website and services.
5.3. Compliance: Users must ensure they have the rights to submit User Content and grant the described licence.
5.4. Content Moderation: Elastik Episode Lda may remove any User Content that violates these Terms and Conditions or is deemed objectionable.
5.5. Access and Disclosure: Users acknowledge that Elastik Episode Lda may access and disclose User Content if required by law or to protect our rights or safety.
6. Intellectual Property Rights
This section provides information about the intellectual property rights associated with our website and services.
6.1. Ownership: All content, trademarks, and branding displayed on our website are the property of Elastik Episode Lda or its licensors.
6.2. Use Restrictions: Users must not use or reproduce any content from our website without written consent from Elastik Episode Lda.
6.3. Respect for Others’ Rights: Elastik Episode Lda expects users to respect the intellectual property rights of others when using our platform.
7. Prohibited Conduct
Here, we outline the types of conduct prohibited on our platform.
7.1. Unlawful and Harmful Conduct: Users agree not to engage in any conduct that violates these Terms and Conditions or is unlawful or harmful.
7.2. Examples: Prohibited activities include transmitting spam, interfering with our website’s functionality, or attempting to gain unauthorised access to our systems.
7.3. Consequences: Elastik Episode Lda reserves the right to take legal action against users who violate these Terms and Conditions.
8. Privacy Policy
This section overviews our Privacy Policy and how we handle users’ personal information.
8.1. Consent: Using our website, users consent to collecting and using their personal information as outlined in our Privacy Policy.
8.2. Rights: Users can access and update their personal information as our Privacy Policy describes.
8.3. Security: Elastik Episode Lda takes reasonable measures to protect the security and confidentiality of users’ personal information.
8.4. Limitations: Users acknowledge that no method of transmission over the Internet or electronic storage is 100% secure.
9. Payment Terms
This section provides information about the payment terms associated with specific features or services Elastik Episode Lda offers.
9.1. Fees: Users may need to pay fees for specific features or services offered by Elastik Episode Lda.
9.2. Terms: Payment terms, including fees and billing cycles, will be specified at the time of purchase.
9.3. Payment Information: Users agree to provide accurate payment information and maintain the security of their payment credentials.
9.4. Refund Policy: All fees are non-refundable unless otherwise stated in writing by Elastik Episode Lda.
9.5. Changes: Elastik Episode Lda reserves the right to change its fees and billing practices, effective upon posting on our website or providing notice to users.
10. Disclaimer of Warranties
This section outlines the warranties associated with our website and services.
10.1. As-Is Basis: Elastik Episode Lda provides its website and services on an “as is” basis, without warranties.
10.2. No Guarantee: We do not guarantee that our website will be uninterrupted or error-free.
10.3. User Responsibility: Users acknowledge that their use of our website is at their own risk.
11. Limitation of Liability
Here, we limit our liability for damages arising from using our website and services.
11.1. Indirect Damages: Elastik Episode Lda shall not be liable for any indirect or consequential damages arising out of or in connection with the use of our website.
11.2. Total Liability: Our total liability shall not exceed the amount paid by the user to Elastik Episode Lda.
12. Indemnification
Indemnification is a critical aspect of our Terms and Conditions, emphasising the user’s responsibility to safeguard Elastik Episode Lda from any claims arising from their actions or use of our website. Here, we delve into the details of this obligation, providing clarity on the scope, implications, and conditions of indemnification:
12.1. Scope of Responsibility: By accessing or using our website, users acknowledge and agree to indemnify, defend, and hold harmless Elastik Episode Lda, its officers, directors, employees, agents, and affiliates from and against any claims, damages, liabilities, costs, or expenses, including legal fees and expenses, arising out of or related to their use of our website.
12.2. User Accountability: Users bear full responsibility for their actions, conduct, and use of our website. In the event of any claim, dispute, or legal action arising from their activities, users agree to assume full responsibility for the defence, settlement, and resolution of such matters.
12.3. Basis of Claims: Indemnifiable claims may arise from various circumstances, including but not limited to user violations of these Terms and Conditions, infringement of third-party rights, misuse of our website or services, or any unlawful or inappropriate conduct on the user’s part.
12.4. Indemnification Process: Upon receiving notice of any claim or legal action, Elastik Episode Lda reserves the right to assume the exclusive defence and control of the matter, including negotiations for settlement or litigation. Users agree to cooperate fully with Elastik Episode Lda to defend such claims.
13. Termination
At Elastik Episode Lda, we understand that circumstances may arise where termination of access to our website becomes necessary. Here, we elaborate on the conditions and implications of such actions.
13.1. Right to Terminate: Elastik Episode Lda reserves the unequivocal right to terminate or suspend access to our website or services at any time and for any reason without prior notice.
13.2. Reasons for Termination: Termination may occur due to a variety of reasons, including but not limited to violations of these Terms and Conditions, inappropriate conduct, or actions that compromise the security or integrity of our platform.
13.3. Notice of Termination: While we strive to provide notice in advance, Elastik Episode Lda retains the discretion to terminate access immediately to protect our company’s or our users’ interests.
13.4. Consequences of Termination: Users may lose access to their accounts and any associated content or data upon termination. Additionally, users may be prohibited from creating new accounts or accessing our services in the future.
13.5. Survival of Provisions: Despite termination, specific provisions of these Terms and Conditions shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Governing Law and Jurisdiction
Understanding the legal framework within which our Terms and Conditions operate is crucial. Here, we provide comprehensive details regarding the governing law and jurisdiction applicable to Elastik Episode Lda.
14.1. Applicable Law: These Terms and Conditions shall be governed by and construed following the laws of Elastik Episode Lda’s jurisdiction in Portugal, without regard to its conflict of law principles.
14.2. Exclusive Jurisdiction: Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Portugal within Elastik Episode Lda’s jurisdiction.
14.3. International Considerations: Users acknowledge that our website and services may be accessed from locations outside Elastik Episode Lda’s jurisdiction. In such cases, users agree to comply with all applicable local laws and regulations.
14.4. Consent to Jurisdiction: Using our website and services, users consent to the jurisdiction of the courts within Elastik Episode Lda’s jurisdiction for resolving any disputes or legal matters.
14.5. Waiver of Forum Non-Conveniens: Users waive any objections to the venue of any legal proceedings arising in connection with these Terms and Conditions and agree not to assert forum non conveniens.
15. Changes to Terms and Conditions
Recognizing the need for flexibility and adaptation, Elastik Episode Lda reserves the right to modify or revise these Terms and Conditions as necessary. Here, we delve into the process and implications of such changes.
15.1. Modification Authority: Elastik Episode Lda retains the authority to modify or revise these Terms and Conditions at any time and without prior notice. Users should review these terms regularly to stay informed of any changes.
15.2. Notification of Changes: While we may provide notice of changes, users acknowledge that they are responsible for reviewing these Terms and Conditions periodically for updates.
15.3. Acceptance of Modifications: Continued use of our website and services following the posting of modifications constitutes acceptance of those changes by the user.
15.4. Effectiveness of Changes: Changes to these Terms and Conditions become effective immediately upon posting on our website. Users are bound by the modified terms upon their acceptance.
15.5. User Responsibility: Users regularly review these Terms and Conditions to ensure compliance with the most current version.
16. Acceptable Use Policy
Maintaining a positive and secure user environment is paramount at Elastik Episode Lda. Here, we provide an in-depth overview of our Acceptable Use Policy and our expectations for user conduct.
16.1. Compliance with Policy: Users agree to comply with our Acceptable Use Policy when accessing and using our website and services.
16.2. Prohibited Activities: Prohibited activities include, but are not limited to, engaging in unlawful behaviour, harassing or threatening others, distributing malware or malicious code, and violating the rights of others.
16.3. Consequences of Violations: Violations of our Acceptable Use Policy may result in the suspension or termination of user accounts, removal of content, and legal action if warranted.
16.4. Reporting Violations: Users are encouraged to report any violations of our Acceptable Use Policy to Elastik Episode Lda for prompt investigation and resolution.
16.5. Continuous Evaluation: Elastik Episode Lda reserves the right to periodically review and update our Acceptable Use Policy to ensure it remains relevant and effective in maintaining a safe and respectful environment for all users.
17. User Responsibilities and Conduct
Clarifying the responsibilities and expectations of users is essential for fostering a positive and productive community. This section elaborates on users’ responsibilities when engaging with our website and services.
17.1. Account Security: Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their accounts.
17.2. Lawful Use: Users agree to use our website and services in compliance with all applicable laws, regulations, and industry standards.
17.3. Ethical Conduct: Users must conduct themselves ethically and respectfully when interacting with other users, Elastik Episode Lda staff, and third parties.
17.4. Content Accuracy: Users are responsible for ensuring the accuracy, legality, and integrity of any content they submit, post, or transmit through our platform.
17.5. Compliance with Policies: Users agree to comply with all policies and guidelines set forth by Elastik Episode Lda, including these Terms and Conditions, our Privacy Policy, and our Acceptable Use Policy.
18. Third-Party Links and Services
Acknowledging the interconnected nature of the Internet, Elastik Episode Lda recognizes the importance of addressing third-party links and services. This section provides detailed information on how such links are handled on our platform.
18.1. Third-Party Content: Our website may contain links to third-party websites, services, or content. These links are provided for informational purposes only and do not imply endorsement by Elastik Episode Lda.
18.2. External Websites: Users acknowledge and agree that Elastik Episode Lda is not responsible for the content, accuracy, or reliability of third-party websites linked to our platform.
18.3. Third-Party Policies: Users accessing third-party websites through links on our platform are subject to those websites’ terms of use and privacy policies.
18.4. Risk Acknowledgment: Users acknowledge that accessing third-party websites or services through links on our platform is at their own risk, and they should exercise caution and review the terms of use and privacy policies of such sites.
18.5. Link Removal: Elastik Episode Lda reserves the right to remove any links to third-party websites or services that violate these Terms and Conditions or are otherwise deemed objectionable.
19. Feedback and Suggestions
User feedback is invaluable in continuously improving our website and services. Here, we elaborate on how feedback and suggestions are received, processed, and utilised at Elastik Episode Lda.
19.1. Feedback Submission: Users can submit feedback and suggestions to Elastik Episode Lda through designated channels, such as contact forms or email.
19.2. Feedback Utilisation: Elastik Episode Lda may review and consider user feedback to identify areas for improvement, address concerns, and enhance user experience.
19.3. Ownership of Feedback: Users acknowledge that any feedback or suggestions submitted to Elastik Episode Lda become the property of Elastik Episode Lda, which may use them without obligation to compensate the user.
19.4. Confidentiality of Feedback: Users should exercise caution and avoid submitting confidential or proprietary information in their feedback unless they have the necessary rights or permissions.
19.5. Feedback Review: While Elastik Episode Lda may review user feedback, we are not obligated to respond to or act upon every submission. Nonetheless, each feedback is valued and contributes to our ongoing efforts to enhance our services.
20. Force Majeure
Understanding the impact of unforeseen events is crucial for maintaining transparency and managing expectations. Here, we provide detailed information on how force majeure events are addressed within the scope of our Terms and Conditions.
20.1. Definition and Examples: Force majeure refers to unforeseeable circumstances beyond the control of Elastik Episode Lda that may prevent or delay the performance of contractual obligations. Examples include natural disasters, acts of war, and government actions.
20.2. Impact on Obligations: In a force majeure event, Elastik Episode Lda may be temporarily relieved from its obligations under these Terms and Conditions. However, we remain committed to mitigating the impact on our users to the best of our ability.
20.3. Communication and Updates: Elastik Episode Lda will make reasonable efforts to communicate the impact of force majeure events to affected users and provide updates on the resumption of services.
20.4. Resumption of Obligations: Once the force majeure event ceases or its effects diminish, Elastik Episode Lda will resume its obligations under these Terms and Conditions to the extent feasible and by applicable laws or regulations.
20.5. Limitation of Liability: Users acknowledge and agree that Elastik Episode Lda shall not be liable for any damages or losses arising from force majeure events beyond our reasonable control.
21. Entire Agreement
Ensuring clarity and comprehensiveness in our contractual agreements is essential for establishing mutual understanding and trust. Here, we elaborate on the completeness and exclusivity of these Terms and Conditions as the governing agreement between Elastik Episode Lda and its users.
21.1. Comprehensive Understanding: These Terms and Conditions constitute the entire agreement between the user and Elastik Episode Lda regarding the use of our website and services.
21.2. Supersedence: These Terms and Conditions supersede all prior or contemporaneous communications, agreements, or proposals, whether oral, written, or electronic, between the user and Elastik Episode Lda.
21.3. Amendments and Modifications: Any modifications or amendments to these Terms and Conditions must be made in writing and signed by an authorised representative of Elastik Episode Lda to be valid.
21.4. Non-Reliance: Users acknowledge and agree that they have not relied on any representations or statements not contained in these Terms and Conditions when deciding to use our website and services.
21.5. Interpretation: The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of the provisions herein.
22. Waiver
Clarifying the conditions under which waivers are granted helps maintain consistency and fairness in user interactions. Here, we provide detailed information on the circumstances under which waivers may be issued and their implications.
22.1. Conditions for Waiver: Elastik Episode Lda may waive specific provisions of these Terms and Conditions at its discretion.
22.2. Express Consent: Any waiver of a provision of these Terms and Conditions shall be effective only if in writing and signed by an authorised representative of Elastik Episode Lda.
22.3. Limited Application: A waiver of any provision of these Terms and Conditions shall not constitute a waiver of any other provision or a continuing waiver of the same provision in the future.
22.4. Discretionary Authority: Users acknowledge and agree that Elastik Episode Lda may waive or enforce any provision of these Terms and Conditions at its sole discretion.
22.5. Reliance Waiver: Users waive any right to claim detrimental reliance on any waiver or failure to enforce any provision of these Terms and Conditions.
23. Severability
Addressing the implications of invalid or unenforceable provisions helps maintain clarity and coherence in our contractual agreements. Here, we provide detailed information on the treatment of such provisions and their impact on the overall validity of these Terms and Conditions.
23.1. Identification of Invalid Provisions: If any provision of these Terms and Conditions is determined invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and Conditions.
23.2. Preservation of Valid Provisions: The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms and Conditions.
23.3. Replacement of Invalid Provisions: In the event of severance, the parties shall negotiate in good faith to replace the invalid provision with a valid, legal, and enforceable provision that preserves the intended purpose to the maximum extent possible.
23.4. Continued Effectiveness: Despite the severance of any provision, these Terms and Conditions shall remain in full force and effect, and the remaining provisions shall continue to govern the relationship between the user and Elastik Episode Lda.
23.5. Interpretation Guidelines: The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of the provisions herein.
24. Contact Us
Open communication channels are vital for effectively addressing user inquiries, concerns, and feedback. Here, we provide comprehensive details on how users can contact Elastik Episode Lda for assistance and support regarding these Terms and Conditions or any other aspect of our services.
24.1. Accessibility: Users can easily reach Elastik Episode Lda through email and online forms.
24.2. Prompt Response: Our dedicated team at Elastik Episode Lda is committed to providing timely and helpful responses to user inquiries and concerns.
24.3. Email Communication: Users can email us directly at elastikepisodelda@outlook.com with any questions, concerns, or feedback about these Terms and Conditions or our services.
24.4. Online Forms: Alternatively, users can fill out the contact form on our website to submit inquiries or feedback electronically.
24.5. Customer Support: Users can contact our customer support team during business hours at +351932733658 for urgent matters or immediate assistance. Our friendly and knowledgeable representatives are ready to assist with any issues or inquiries users may have.