GENERAL TERMS AND CONDITIONS FOR ACCESS AND USE OF THE CARMINE.PT INTERNET WEBSITE

1. INTRODUCTION AND PURPOSE
2. ACCESS LEVELS, CATEGORIES AND USER REGISTRATION
3. USER OBLIGATIONS
4. PROCESSING OF PERSONAL DATA
5. INTELLECTUAL AND INDUSTRIAL PROPERTY AND APPLICATION USE LICENCE TERMS
6. ALGORITHMIC DECISION-MAKING AND HUMAN REVIEW MECHANISMS
7. EXCLUSION OF WARRANTIES
8. VOLUNTARY CANCELLATION, EXCLUSION AND LIABILITY
9. NOTICES AND COMMUNICATIONS OF VARIOUS TYPES
10. CONTACT POINT FOR USERS
11. CONTACT POINT FOR AUTHORITIES
12. COMPLAINTS
13. VALIDITY AND ENTIRE AGREEMENT
14. APPLICABLE LAW AND JURISDICTION

I.- INTRODUCTION AND PURPOSE

CARMINE D-SERVICES, UNIPESSOAL, LDA (hereinafter "CARMINE D-SERVICES"), a Portuguese company with corporate tax number 510491766, with registered office at Rua das Cabanas, n.º 1, lote 2 - Esc. A, 4700-048, Braga, holds a licence to use an internet website (hereinafter "WEBSITE"), which hosts a software application called EASY.DATA (hereinafter "APPLICATION"), of which it owns the property, and which enables, among other services, contact between advertisers of motor vehicles and services associated with the sale or ownership of motor vehicles and private individuals interested in their acquisition and/or contracting.

CARMINE D-SERVICES is responsible, in particular, for registering USERS on the APPLICATION and for managing motor vehicle advertisements and advertisements for services associated with the sale or ownership of motor vehicles published by advertisers.

The aforementioned WEBSITE is owned by AUTODESCUENTO SL (hereinafter "COCHES.COM"), a Spanish company registered with the Commercial Registry of Madrid (Volume: 19.122 Folio: 192 Section: 8th Sheet: M-334573, Endorsement 1), with tax identification number (CIF): B-83701003 and registered office in Madrid (28014), c/ Alcalá 4, 5th floor, which operates - among other sectors - in online advertising in the automotive sector.

The entities CARMINE D-SERVICES and COCHES.COM shall jointly be referred to as the "ENTITIES".

In general and without prejudice - where applicable - to the possibility of access through third-party links and/or other Internet domains, the WEBSITE and the APPLICATION are accessible from the URL (Internet address): www.carmine.pt.

Through the WEBSITE, USERS of the APPLICATION are provided with access to and use of various features and content (hereinafter "Services").

The purpose of these terms and conditions is to establish and regulate general access to and use of the WEBSITE, as well as the APPLICATION and - where applicable - the different content and Services made available by CARMINE D-SERVICES or by third parties from and/or through it.

Both access to and general use of the APPLICATION confer the status of USER thereof (hereinafter "USER"), necessarily implying full and unreserved acceptance of all provisions contained in the general terms and conditions of access and use thereof.

The USER expressly acknowledges and accepts that these conditions may be freely amended in the future by the ENTITIES, with any modifications being communicated to USERS by means of their publication on the WEBSITE and through the electronic communication means of USERS registered on the APPLICATION. Consequently, it shall be the sole responsibility of the USER to check the terms and conditions in force whenever using the APPLICATION.

II.- ACCESS LEVELS, CATEGORIES AND USER REGISTRATION

There may be Non-Professional Users (consumers) and Professional Users (e.g. motor vehicle dealers) on the APPLICATION. Both Non-Professional Users and Professional Users are collectively referred to as "USERS" (and each of them as "USER" for the purposes of these general terms and conditions).

The use of certain services made available to Professional Users through the WEBSITE and/or the APPLICATION may be subject to particular conditions (hereinafter "Particular Conditions") which, as the case may be, may replace, supplement and/or amend these general terms and conditions.

In general, mere access to the open area of the WEBSITE shall be free of charge.

However, given the nature of the APPLICATION and the different purposes of the Services, CARMINE D-SERVICES conditions certain features of the different sections of the WEBSITE on prior registration of the USER, carried out through the APPLICATION.

The ENTITIES may make certain Services available to USERS, the use of which may require the provision of additional data, completion of supplementary registrations and/or payment of certain monetary consideration, the conditions in force at any given time being consultable after registration in accordance therewith on the APPLICATION. Where applicable, such registrations may create or define new categories or subcategories of users and shall be carried out in the forms expressly indicated in the service itself or in the Particular Conditions governing it.

Thus, for example, USER registration enables the USER to insert offers in the general vehicle catalogue around which the APPLICATION operates.

It is required and assumed that the Non-Professional User is of legal age in accordance with the provisions of their local legal system and is capable of entering into transactions.

The USER declares that they are in any case - at least - eighteen (18) years of age at the time of registration on the WEBSITE and/or the APPLICATION.

The USER in any case guarantees the accuracy of the foregoing declaration, as well as of all registration data provided, and is responsible for keeping them fully up to date for as long as their status lasts.

In any case, the USER shall be solely responsible for false or inaccurate statements made and for damage caused to the ENTITIES and/or third parties by the information provided.

The ENTITIES reserve the right to refuse registration on the APPLICATION, which shall not entitle the applicant to any compensation.

Once the registration process has been completed, the USER is entered in the registered users database. An account shall be created on the APPLICATION, with the associated credentials corresponding to each USER.

III.- USER OBLIGATIONS:

The following constitute obligations of the USER, without prejudice to those arising from the clauses of this document and from any information made available on the WEBSITE, APPLICATION or additionally sent to the USER:

• to ensure the accuracy and correctness of registration data entered in the ENTITIES' information systems and to carry out all updates that may be necessary. In any case, the USER shall be solely responsible for false or inaccurate statements made and for damage caused to the ENTITIES or third parties by the information provided.

• to scrupulously comply with national and European rules in force on Data Protection when entering - where applicable - data relating to employees, staff and/or third-party Clients on the APPLICATION, expressly undertaking to collect and document the necessary consents of the data subjects before introducing any of their personal data on the APPLICATION.

• to ensure the confidentiality of the USER's credentials, preventing access by unauthorised third parties.

• to immediately notify the ENTITIES of any indication of a breach of security of the WEBSITE and/or the APPLICATION, of inappropriate or prohibited use of the services provided or of security failures of any kind. The notification shall be sent to the e-mail address ajuda@carmine.pt.

• to make appropriate use of the content, information and services provided from or through the WEBSITE, in accordance with the law, good faith and generally accepted customs, expressly ensuring:

  • to refrain from conducting and carrying out practices or use of the services for unlawful, fraudulent purposes, harmful to the rights or interests of the ENTITIES or third parties, or in breach of the rules contained in this agreement or in the Particular Conditions which, where applicable, govern any of the services provided from or through the WEBSITE.

  • to refrain from carrying out any action that may disable, overload or damage systems, equipment or services of the application or accessible directly or indirectly through the WEBSITE.

  • to respect the intellectual and industrial property rights of the ENTITIES and third parties over the content, information and services provided from or through the WEBSITE and/or APPLICATION, generally refraining from copying, distributing, reproducing or communicating the same in any way to third parties, unless having express written authorisation from the ENTITIES or the holders of the said rights.

• to pay the agreed economic consideration for use of the application, where applicable;

• to scrupulously comply with the licence terms for its use, as provided for in section V of these terms and conditions;

• to respect and comply with any offers introduced freely and voluntarily on the APPLICATION and/or the WEBSITE, restricting communication thereof to the same;

• not to introduce misleading information, advertising or publicity on the APPLICATION and/or the WEBSITE;

• to scrupulously respect and comply with applicable national and/or local legislation at all times (in particular in the case of Professional Users, legislation on taxation, consumer rights, data protection, distance selling and advertising by electronic means).

IV.- PROCESSING OF PERSONAL DATA:

For the purposes of the provisions of the regulations in force on Personal Data Protection, the ENTITIES inform that personal data voluntarily entered when registering USERS on the APPLICATION shall be entered in automated files of which they are the controller.

Please consult our privacy policy available at carmine.pt for complete information on all personal data processing we carry out on the WEBSITE, the link to which is indicated here: https://auto.easydata.pt/privacidade.asp.

You may also consult our Policy on the use of Cookies at the following link: Cookies Policy

USERS guarantee to the ENTITIES that any entry of personal data by them on the APPLICATION shall be carried out in accordance with legislation in force on personal data protection and, always and in any case, obtaining the due consents of all affected persons in the necessary cases, especially in cases of entry of personal data of employees, staff and/or End Clients.

V.- INTELLECTUAL AND INDUSTRIAL PROPERTY AND APPLICATION USE LICENCE TERMS:

INTELLECTUAL AND INDUSTRIAL PROPERTY

All software and content of the WEBSITE, including: the APPLICATION, html code, texts, animations, images, etc., as well as the trademarks, trade names and/or distinctive signs displayed, are the property of the ENTITIES or third parties and are protected by national and international intellectual and industrial property laws.

Any use thereof outside the WEBSITE, including reproduction, modification, distribution, transmission, re-edition, reformulation or representation of any elements thereof is strictly prohibited, except with the express written consent of the ENTITIES.

APPLICATION USE LICENCE TERMS

This section establishes the conditions of the APPLICATION use licence.

These licence use conditions form an integral and inseparable part of the general conditions of access to the software application.

The licensee, by accepting the terms and conditions of this use licence, expresses full and unreserved acceptance thereof, and declares that they have full legal capacity to contract and are not subject to any incapacity, and further declares that the data and/or credentials provided are accurate and correspond to reality, on pain of being liable for any damage or loss for which the ENTITIES may have to answer to third parties.

Through this agreement, the USER is granted a NON-EXCLUSIVE LICENCE to use the application, revocable at any time and subject, in any case, to effective maintenance as a registered user of the WEBSITE.

Renting or reselling this user licence is prohibited. The licensed USER may not lease or rent the APPLICATION to third parties.

In particular, the licensed USER may NOT:

• Rent, sell, lease, assign, sublicense or transfer to third parties the rights granted in this licence section.

• Transform, including translate, or make modifications or derivative works of the application.

This user licence shall be automatically cancelled and revoked if the licensee fails to comply with the established conditions.

This user licence does not include other services such as:

(a) corrective maintenance in relation to problems caused by software or code not provided by COCHES.COM, or COCHES.COM software or code that has been manipulated or modified by personnel not belonging to COCHES.COM; (b) corrective maintenance for problems caused by hardware not supplied by COCHES.COM; (c) corrective maintenance of problems caused by incorrect or inappropriate use of the application; (d) installation, updating or repair of third-party software, including operating systems.

VI.- ALGORITHMIC DECISION-MAKING AND HUMAN REVIEW MECHANISMS

Registration of Professional Users is carried out with recourse to human review, in particular for the purpose of validating identification documentation.

All motor vehicles advertised on the WEBSITE are owned by Professional Users.

For the purpose of publishing advertisements, an algorithm is used which takes into account the following parameters: 1) existence of a photograph of the motor vehicle; 2) existence of descriptive text of the motor vehicle; 3) identification of the price of the motor vehicle; 4) validation of the respective motor vehicle information against the Eurotax database.

The positioning algorithm used on the WEBSITE takes into account the date on which the advertisement published there was created, with the most recently published advertisement being displayed first, without prejudice to situations in which the advertiser uses the additional "Highlight" service, which allows the advertisement to be displayed in a larger format and preferably over other advertisements that do not have this feature.

The WEBSITE does not use any recommendation mechanisms, nor advertising and profiling for content related to special characteristics of the USER (e.g. gender, age group, profession, etc.).

VII.- EXCLUSION OF WARRANTIES:

Access to the WEBSITE and use of the APPLICATION do not imply any type of warranty, which is expressly rejected by the ENTITIES, as to quality, accuracy, correctness, lawfulness, timeliness or validity, as well as usefulness or fitness for any purpose on the part of anyone who accesses them. Both access to the APPLICATION and the use that may be made of the information and content included therein or accessible from it are carried out under the sole responsibility of the USER.

The ENTITIES shall not be individually or jointly liable in any case and to any extent, whether for direct or indirect damage, consequential damage or loss of profits, for possible damage arising from use of the application, nor for the information and content of the WEBSITE or accessible from or through it. The ENTITIES do not provide the USER with any warranty, express or implied, rejecting any liability for the integrity, accuracy, availability, timeliness, security or reliability of the application or the products advertised. The ENTITIES shall not be liable for any damage, loss of data or any other damage in relation to the APPLICATION and/or the information entered or hosted therein.

The ENTITIES do not in any way guarantee the quality, accuracy, correctness, lawfulness, timeliness or validity, as well as the usefulness or fitness for any purpose of the features integrated in the APPLICATION, and disclaim, to the maximum extent permitted by law, any liability of any kind for quality, accuracy, correctness, lawfulness, timeliness, validity or usefulness/fitness for any purpose with regard to the APPLICATION and/or the content comprising the WEBSITE.

The WEBSITE and/or the APPLICATION may contain links to internet pages which, even within the WEBSITE, are the responsibility of third parties. Likewise, the WEBSITE may contain links to internet pages external to it, in any case. In both cases, the ENTITIES cannot control or supervise the said content in any way. The ENTITIES disclaim, to the extent permitted by law, any liability of any nature arising from the existence or possibility of access to the said content.

Likewise, the ENTITIES shall not in any way be liable, not even indirectly or subsidiarily, for products or services provided or offered by other persons or entities or for content, information, communications, opinions or statements of any nature originating from or issued by third parties and accessible through the application. The ENTITIES are in no circumstances agents/distributors/representatives of Professional Users, nor resellers of the products presented by Professional Users for the purpose of their marketing on the WEBSITE and/or APPLICATION, and therefore shall not be liable for the quality, safety or lawfulness of the advertised products, their accuracy or correctness, or the capacity of Professional Users to sell items or provide services.

The ENTITIES reserve the right to unilaterally revoke the application use licence of any licensed USER who violates any of the principles governing these terms and conditions.

The ENTITIES provide no guarantee that the APPLICATION will meet the needs of the licensed USER in an uninterrupted, secure or error-free manner.

Security and privacy: COCHES.COM reasonably uses the means at its disposal to provide security systems that reasonably protect its systems and the data contained therein against deliberate attacks, malicious software, etc.

However, the USER acknowledges and accepts the aspects involved in the provision of services over the Internet, given the open, decentralised and global nature of this communications network.

For this reason, COCHES.COM does not guarantee the impregnability of its security systems or the privacy of the information contained therein. COCHES.COM disclaims, to the full extent permitted by law, any liability of any kind for security failures on the WEBSITE and/or the APPLICATION, as well as for the consequences that may arise therefrom.

Use of "cookies": The APPLICATION uses "cookies" for the purpose of enabling navigation on the WEBSITE and providing a good experience to the USER, as well as to measure and improve the performance of the WEBSITE. Access, use and, in general, navigation on the WEBSITE imply the USER's consent to the use of "cookies" by CARMINE D-SERVICES and/or by third parties, in accordance with the respective Cookies Policy.

Detailed information on the use of cookies on the APPLICATION and/or the WEBSITE can be found at the following link Cookies Policy

Interruptions and/or Suspension of the System:

In general, the APPLICATION and/or the WEBSITE shall be available on the Internet on an uninterrupted basis. However, the USER is aware that the ENTITIES do not guarantee such continuity in any way due to the nature of the medium through which they are provided.

The USER understands and accepts the aspects involved in the provision of services over the Internet, given the open, decentralised and global nature of the network.

Thus, for example, by way of illustration and not exhaustively, some of the situations that may temporarily interrupt the provision of the said services are listed below:

• Maintenance tasks on servers and/or data lines

• Failures on servers and/or data lines

• Deliberate attacks against the security and integrity of the system.

• Computer viruses or presence of malicious code on the pages comprising or accessed from the WEBSITE and/or APPLICATION.

The ENTITIES disclaim, to the full extent permitted by law, any liability of any kind arising from the temporary interruption of availability of the APPLICATION and/or the WEBSITE on the Internet

The USER is aware that the ENTITIES may at any time, at their sole discretion and without any obligation of prior notice, permanently suspend the presence of the WEBSITE and/or the APPLICATION on the Internet and, therefore, the services provided by or through them, without prejudice to the provisions in this regard - where applicable - in the corresponding Particular Conditions. The ENTITIES are exempt from any type of liability of any nature arising from the consequences that may be produced by the permanent suspension of the provision of the said services.

VIII.- VOLUNTARY CANCELLATION, EXCLUSION AND LIABILITY:

Any USER may request cancellation of their registration at any time as a USER of the WEBSITE. CARMINE D-SERVICES has a period of thirty (30) days to examine the situation of the said USER with regard to all services subscribed, in order to, where applicable, issue an invoice for all consumption corresponding to pending charges upon receipt of the cancellation request.

Where there are no amounts pending settlement and/or collection, cancellation shall take effect immediately. Otherwise, cancellation shall be subject to effective collection of the said amounts by CARMINE D-SERVICES.

The USER is responsible for appropriate use of the WEBSITE, the APPLICATION and the services contracted on or through them. Any use of the services contrary to the foregoing by the USER may lead to immediate exclusion from the WEBSITE and the APPLICATION with loss of their status as registered USER thereof, without entitlement to any compensation and without prejudice to the corresponding legal actions by the ENTITIES.

The falsity of personal and/or professional data provided by the USER during the registration process on the WEBSITE, the APPLICATION or any of the services provided by or through it may lead to immediate exclusion from the WEBSITE and the APPLICATION with loss of their status as registered USER thereof, without entitlement to any compensation and without prejudice to the corresponding legal actions that may be taken by the ENTITIES or third parties.

Any action by the USER that may jeopardise or damage systems, equipment or services accessible directly or indirectly through the APPLICATION and/or the WEBSITE may lead to immediate exclusion therefrom with loss of their status as registered USER, without entitlement to any compensation and without prejudice to the corresponding legal actions that the ENTITIES may bring.

Any action by the USER that violates these terms and conditions, the Particular Conditions that may govern specific services, the Law or generally accepted customs may lead to immediate exclusion from the WEBSITE and/or the APPLICATION with loss - where applicable - of their status as registered USER thereof, without entitlement to any compensation and without prejudice to the corresponding legal actions that any of the ENTITIES may bring.

The USER shall be solely responsible for any claim, legal, judicial or extrajudicial action initiated by third parties against the USER themselves or against the ENTITIES, based on uses of the APPLICATION and/or services contrary to the law, morality, good faith and generally accepted customs.

IX.- NOTICES AND COMMUNICATIONS OF VARIOUS TYPES:

For the purpose of making the due notifications, CARMINE D-SERVICES designates as contact address that indicated as its own in the heading of these terms and conditions.

The e-mail address provided by the USER during the registration process on the WEBSITE and/or APPLICATION shall be used by CARMINE D-SERVICES for the purpose of making notifications and communications of various types to the USER.

The USER undertakes to keep the data referred to in this clause for notification purposes duly up to date.

All notifications made by CARMINE D-SERVICES to the USER shall be deemed validly made if they have been made using the data and by the means mentioned. The ENTITIES shall not be liable for any damage that may occur due to breach of the USER's obligation to keep their contact details up to date.

X.- CONTACT POINT FOR USERS

For the USER to obtain any information relating to the digital services provided by CARMINE D-SERVICES, including the reporting of illegal content or conduct, the USER may contact CARMINE D-SERVICES through the e-mail address ajuda@carmine.pt.

XI.- CONTACT POINT FOR AUTHORITIES

For the purpose of obtaining any information relating to the digital services provided by CARMINE D-SERVICES, the Coordinating Authority for Digital Services in Portugal, the European Commission and the European Board for Digital Services may use the e-mail address autoridades@carmine.pt.

XII.- COMPLAINTS

The USER has the right to submit a complaint, having the following communication channels at their disposal:

• E-mail to: provedoriacarmine@santanderconsumer.pt

• In writing, addressed to the Customer Ombudsman – Rua de Cabanas, nº1, Lote 2, Escritório A - 4700-048 Braga

• Electronic Complaints Book, using the internet address www.livroreclamacoes.pt

• Banco de Portugal (with regard to services related to credit intermediation): in person, in writing, at Banco de Portugal, by completing the complaint form available on the banking customer portal at https://clientebancario.bportugal.pt/formulario-nova-reclamacao or by letter sent to Apartado 2240, 1106-001, Lisboa

• National Communications Authority (ANACOM) (with regard to digital services): in writing, at ANACOM, through the consumer portal at https://anacom-consumidor.pt/or using the e-mail address: dsc@anacom.pt

• Food and Economic Safety Authority (ASAE) (with regard to the other services provided by SCS): in writing, at ASAE, through the consumer portal at https://www.asae.gov.pt/queixas-e-denuncias.aspx

Minimum requirements of the complaint

• Submission in writing;

• Name of the complainant and, where applicable, of the person representing them;

• Capacity of the complainant, in particular as Client, User or injured third party or person representing them;

• Identification document number of the complainant (Tax Identification Number or Citizen Card);

• Power of attorney of the Client, User or injured third party, where a response to an entity not party to the contractual relationship is intended;

• Description of the facts giving rise to the complaint, with identification of the parties involved and the date on which the facts occurred (except where manifestly impossible) and supporting documentation considered relevant for analysis of the complaint;

• Identification of the complainant's claim.

Non-admission of the complaint

Where the complaint submitted does not include the elements necessary for its management, in particular where it does not specify the reason for the complaint, CARMINE D-SERVICES shall inform the complainant thereof, inviting them to remedy the omission.

CARMINE D-SERVICES reserves the right not to admit a complaint only where:

• Essential data are omitted which make management impossible and which have not been corrected as described above;

• It is intended to submit a complaint regarding a matter within the exclusive competence of arbitral or judicial bodies or where the subject matter of the complaint is pending or has already been decided by those instances;

• It is of a repeated nature and is submitted by the same complainant in relation to the same matter and has already been answered by CARMINE D-SERVICES;

• The complaint has not been submitted in good faith or its content is deemed vexatious.

Whenever CARMINE D-SERVICES does not admit complaints on the grounds described above, the complainant is informed with reasons for non-admission.

Receipt, registration and processing of the complaint

Upon receipt of the complaint, an e-mail is sent to the complainant acknowledging receipt and informing them of the estimated response time.

The Customer Ombudsman ensures the registration of all complaints, establishing a specific file for each complaint received.

After registration, a detailed and impartial analysis of the content of the complaint and supporting documentation is carried out, and at this stage, where it is found necessary to obtain additional clarification, the department may resort to internal structures for the preparation of the respective response.

Where the complainant is found to be in the right, correction of the situation is pursued and the complainant is informed that it has been resolved. Where the complainant is not found to be in the right, the response is substantiated on the basis of the applicable regulations or existing contract, and it is considered resolved.

Where the complainant is not found to be in the right, the response is substantiated on the basis of the applicable regulations or existing contract, and it is considered resolved.

In the event of rejection of the complaint, the reason for rejection is communicated to the complainant.

Response channels used

Responses to complaints are made by letter or by e-mail.

In situations where the content of the complaint shows a change of address of the complainant, the response is sent to both addresses, the address indicated in the complaint and the address registered in the CARMINE D-SERVICES database, with the complainant being informed thereof.

Where a certified e-mail address exists, this channel is used for complaints received through the same means.

In situations where there is or has been a contractual relationship, the response is sent directly to the complainant, where they are or were a party to the contract. Where it is found that it is submitted by a representative, a specific power of attorney from the client for that act is required for a response to the representative. Otherwise, the response is sent to the client.

Archive

The Customer Ombudsman is responsible for the physical archiving of each complaints file, for the legal period of 5 years.

Alternative Dispute Resolution

In the event of a dispute, the complainant may resort to one of the following Consumer Conflict Arbitration Centres:

• Consumer Information, Mediation and Arbitration Centre ( www.ciab.pt);

• National Centre for Information and Arbitration of Consumer Conflicts ( www.cniacc.pt).

XIII.- VALIDITY AND ENTIRE AGREEMENT:

The declaration of nullity or invalidity of any stipulation contained in these terms and conditions shall not affect the validity and effectiveness of the remaining clauses.

These terms and conditions of the services provided by the ENTITIES through the WEBSITE constitute the entire agreement between the parties, and shall be deemed to prevail over any prior written or verbal agreement, understanding, statement, declaration, negotiation or intention of agreement in relation to this matter.

XIV.- APPLICABLE LAW AND JURISDICTION:

These terms and conditions are governed and interpreted in all respects by Portuguese law.

Both the ENTITIES and the USER undertake to attempt to amicably resolve any disagreement that may arise in the development of their respective commercial relationships.

With a view to resolving any disputes that may result from the development of the commercial relationships proper to them, both parties agree to submit to the jurisdiction of the Judicial Court of Cascais, save - as applicable - cases of mandatory submission to a different jurisdiction.