Terms & conditions
Welcome to nextmemory.eu (the “Site”).
We provide our global services both directly and through our affiliates, as explained below.
We may transfer our rights and obligations under these terms and conditions to an affiliate or another organization, and we will notify you in writing if this happens, but this will not affect your rights or our obligations under these terms and conditions. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
Should you have any questions, please contact us via our Contact Us page.
– Date of last update: 1 June 2021
https://nextmemory.eu (Site) is a site operated by NEXT MEMORY, Lda, a company registered in Lisbon with company number 968 585 550 whose registered office is located at R. São José 187, 1150-326 Lisboa (“NEXTMEMORY”, “we”, “us” or “our”)
By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Website Use. IF YOU DO NOT AGREE TO THE TERMS OF WEBSITE USE, YOU MAY NOT USE THE SITE.
Eligibility to use the Site
If you are under 16 years old, you may browse the Site but you may NOT provide personal information to us or register on the Site. The Site is not directed to or intended for children under 16 years old.
Changes to the Site and Terms of Website Use
To the extent permitted by applicable law, we reserve the right to modify, change or delete any part of these Terms of Website Use at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms of Website Use is at the top of this page. Your continued use of the Site after the changes are effective constitutes your agreement to all such changed Terms of Website Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Website Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right, subject to applicable law, at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
We do not guarantee that the Site, or any content on it, will be free from errors or omissions. Access to the Site is permitted on a temporary basis. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
All information and content available on the Site and its ‘look and feel’, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of NEXT MEMORY, Lda, our parent company, subsidiaries, affiliates, partners or licensors, and is protected by United States, European, and other international laws, including laws governing copyrights and trademarks. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
Except as set forth in section 4 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior, written consent.
Ownership of Rights
All rights, including copyright, and moral rights, in this Site are owned by or licensed to NEXT MEMORY. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this Site for any purpose.
Accuracy of content
The packaging may vary from that shown. The weights and dimensions are approximate only. We have made every effort to display as accurately as possible the colour of the products that appear on the Site. However, as the actual colours you see will depend on your personal computer equipment, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, NEXT MEMORY disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site. We are not responsible for the content of any off-website pages or any other websites linked to or from this Site. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site, in any off-website or in any linked websites.
Damage to your computer
NEXT MEMORY makes every effort to ensure that this Site is free from viruses or defects. However, we cannot guarantee that your use of this Site or any websites accessible through it won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it. NEXT MEMORY will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.
Limitation of liability
The provisions of this clause 5 relate to the use of this Site only and do not affect the statutory rights of consumers or any other rights granted by us in connection with the purchase of our goods on this Site (including under the NEXT MEMORY General Terms and Conditions for Online Product Sales).
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
– use of, or inability to use, our Site; or
– use of or reliance on any content displayed on our Site.
If you are a business user, please note that in particular, we will not be liable for:
– loss of profits, sales, business, or revenue;
– business interruption;
– loss of anticipated savings;
– loss of business opportunity, goodwill or reputation; or
– any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You may use our Site only for lawful purposes. You may not use our Site: In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
– Not to access without authority, interfere with, damage or disrupt:
-any part of our Site;
-any equipment or network on which our Site is stored;
-any software used in the provision of our Site; or
-any equipment or network or software owned or used by any third party.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable solicitors’ fees, resulting from any third-party claim, action, or demand resulting from your unlawful use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Submission of Information
Furthermore, if you send us any such information you represent and warrant that you own or otherwise are entitled to any and all rights to the information and that your information does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or ‘spam’ in any form. You may not impersonate any person or entity or use any false email address or otherwise mislead NEXT MEMORY as to the origin of the information submitted and you agree to indemnify NEXT MEMORY and hold NEXT MEMORY harmless from and against any claims arising from your claims and/or any third party´s claims to any rights in any such information.
The trade marks, logos and service marks, and designs (“Intellectual Property”) displayed on our Site are the registered and unregistered marks or designs of NEXT MEMORY, our affiliates, our licensors and/or our suppliers held, inter alia, in the EU, UK, USA, China, Japan, Hong Kong, Korea, and other countries and are protected by the Portuguese and international trade mark laws. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our Intellectual Property or that of our suppliers without our or their prior written consent.
If you access this Site via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.
User generated material
By submitting ideas, designs, customizations, creative concepts, or any other information (“User Generated Material”) to this Site (or to our accounts on any Third-Party Sites), you understand that this may sometimes qualify as giving rise to ownership of intellectual property rights. You accept and agree that you assign all ownership of any potential intellectual property rights and other rights in the User Generated Material to NEXT MEMORY. To the extent such transfer is not valid, and subject to article l 614-18 of the Portuguese Intellectual Property Code, you grant NEXT MEMORY, by submitting the User Generated Material to this Site, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), the User Generated Material for any purposes as it deems fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Site or other products or services both online and offline.
All User Generated Material shall be deemed to be non-confidential. Subject to article l 614-18 of the Portuguese Intellectual Property Code, NEXT MEMORY shall be entitled to use or disclose the User Generated Material in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against NEXT MEMORY or any other party should any User Generated Material created, posted or sent by you be used in the above sense by NEXT MEMORY or any part of its group.
You warrant that:
– any User Generated Material is generated by yourself;
– any User Generated Material is not, and does not contain, material which is offensive, abusive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law including, in particular, any intellectual property rights;
– any User Generated Material is original and is not copied in whole or in part from any third party;
– any User Generated Material does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or ‘spam’ in any form; and
– you will not impersonate any person or entity or use any false email address or otherwise mislead us as to the origin of any User Generated Material submitted, and you agree to indemnify us and hold us harmless from and against any claims arising from your claims and/or any third party claims to any rights in any User Generated Material.
You agree that NEXT MEMORY:
– does not, and has no obligation to, review the User Generated Material;
– is not in any manner responsible for User Generated Material;
– does not guarantee the accuracy, integrity or quality of User Generated Material; and
– cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Material will not appear on this Site.
Notwithstanding the foregoing, NEXT MEMORY reserves the right to moderate all User Generated Material, and to decline the submission of, or remove any User Generated Material in its absolute discretion, for example because it infringes the intellectual property rights of a third party, because the content is inappropriate, obscene, or abusive, or for any other reason. NEXT MEMORY is under no obligation to inform you of the reasons for such intervention.
No failure to exercise and no delay on the part of NEXT MEMORY in exercising any right, remedy, power or privilege of NEXT MEMORY under these terms & conditions and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of NEXT MEMORY.
Transfer of rights
Other legal notices/ policies
– Terms & Conditions for Online Sales;
– Returns Policy.
Your statutory rights are not affected.
Changes to legal notices
We reserve the right to change these terms & conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the Site.
Law, jurisdiction and language
FOR THE AVOIDANCE OF DOUBT, THIS SECTION 16 DOES NOT APPLY TO LAW, JURISDICTION AND DISPUTES IN RELATION TO ORDERS PLACED AND PURCHASES MADE ON THE SITE – WHICH ARE GOVERNED BY NEXT MEMORY TERMS AND CONIDTIONS OF SALE.
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