Terms & Conditions

This terms and conditions were last updated at 24 March 2014.

The following terms and conditions (“Terms and Conditions”) are part of all agreements entered into by Passworks, S.A. (“Passworks”), apply to all services offered by PASSWORKS and will govern your (and the entity or company you represent) (the “User”) use of the website and/or the Passworks service (all taken together, the “Service”).

The Service is owned and operated by Passworks. The Service is offered subject to the User’s acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Service by Passworks. By using or accessing any part of the Service, User confirms that it, on acquiring a username and a password from Passworks, has received these Terms and Conditions, that it has read these Terms and Conditions and that it accepts and agrees to be bound by these, and future amendments of these, Terms and Conditions. Furthermore, User can consult the Terms and Conditions at all times on the website of Passworks and on the User’s request, the Terms and Conditions will be sent to the User (electronically) free of charge. The application of any other general terms and conditions is hereby expressly excluded.

Passworks reserves the right, at its sole discretion, to modify, replace and/or change the Terms and Conditions from time to time. User accepts that it is his/her responsibility to check the Terms and Conditions periodically for changes. User‘s continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

  1. Limited License
    1. Passworks grants the User a non-exclusive, non-transferable, limited right to access, use and display the Service and the materials thereon for User’s personal use only. User agrees to comply with all applicable laws, statutes and regulations regarding the use of the Service.
    2. If User subscribes to the Service, User will pay Passworks service fees in accordance with Passworks pricing policy located at Passworks reserves the right to change the Fees from time to time and to institute new charges and Fees at its sole discretion. Unless otherwise set forth at or agreed to by the parties in writing, all Fees will be invoiced in advance. Unpaid Fees are subject to a finance charge of the maximum permitted by law, plus all expenses of collection. User shall be responsible for all taxes associated with the Service other than taxes based on Passworks net income.
  2. Prohibited use
    1. Any commercial distribution, publishing or exploitation of the Service or any content, software, code, data or materials in relation to the Service, is strictly prohibited unless User has received the express prior written consent of Passworks or the copyright owner.
    2. User may not:
      1. Distribute, rent, modify, copy, publicly display, publicly perform, adapt, edit, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer or sell (any material contained on) the Service without the express prior written consent of Passworks or the copyright owner;
      2. Distribute, rent, modify, copy, publicly display, publicly perform, adapt, edit, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer or sell (any material contained on) the Service without the express prior written consent of Passworks or the copyright owner;
      3. Insert User’s own or a third party’s advertising, branding or other promotional content into any of the Service’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes;
      4. Attempt to gain unauthorized access to (i) other computer systems through the Service, (ii) any portion or feature of the Service, (iii) any other systems or networks connected to the Service or to any Passworks server or (iv) any of the services offered on or through the Service, by hacking, password mining, or any other illegitimate means;
      5. Engage in (i) deep-linking, (ii) spidering, (iii) roboting, (iv) page or screen scraping, (vi) database scraping, (vii) harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, (viii) any other automatic means of obtaining lists of catalogue items or information, users or other information, (ix) using any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any of its content, (x) reproducing or circumventing in any way the navigational structure or presentation of the Service or any of its content, or (xi) obtaining or attempting to obtain any materials, documents or information through any means not purposely made available through the Service;
      6. Probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of Passworks, including any Passworks account not owned by User, to its source;
      7. Submit any information to the Service that is false, misleading or inaccurate;
      8. Obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means;
      9. Use the Service or the services made available on or through the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service or such other services;
      10. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person‘s use of the Service.
      11. Use the Service or the other services or features in violation of Passworks or any third party’s intellectual property or other proprietary or legal rights (e.g. fraud); or use the Service or the other services in violation of any applicable law and/or regulation (including with respect to privacy).
    3. The person acting on behalf of the User represents and warrants that he/she is entitled to duly represent the User without any limitations.
    4. The Service is available only to individuals who are at least 18 years old. The User represents and warrants that if the User is an individual, the User is at least 18 years old.
    5. Any of the aforementioned circumstances mentioned under clause 2.1 and 2.2 of the Terms and Conditions and/or a breach of any of the aforementioned circumstances mentioned under clause 2.3 and 2.4 of the Terms and Conditions entitle Passworks to immediately, without the need for any notice of default or judicial intervention, block User’s access to the Service.
  3. Access
    1. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
  4. Third Party Sites
    1. The Service may permit User to link to other websites or resources on the internet (including, but not limited to, the iOS application Passbook), and other websites or resources may contain links to the Service. These other websites are not under Passworks control, and User acknowledges that Passworks is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Passworks. User further acknowledges and agrees that Passworks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
  5. Export and Trade Controls
    1. User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or through the Service except in full compliance with all Dutch, foreign and other applicable laws and regulations.
  6. Force Majeure
    1. Any obligation upon Passworks to comply with an agreement will be suspended for as long as it is impossible for it to do so or to do so properly due to force majeure.
    2. Force majeure affecting Passworks is hereby understood to be any independent circumstance beyond the control of Passworks, be it foreseeable or unforeseeable, as a result of which the User can no longer reasonably require Passworks to comply with an agreement.
    3. Force majeure will be understood to include but not be limited to fire, flood, strikes, epidemics, terrorism, governmental action, non-availability or late availability of permits, power failures and breach or delay on the part of Passworks subcontractors and other third parties.
  7. Liability
    1. In no event shall Passworks, its subsidiaries, affiliates, employees or content providers be liable for any direct, indirect, incidental or consequential damages that are directly or indirectly related to (i) the services of Passworks, (ii) the use of, or the inability to use, the Service or any other services of Passworks or (iii) any content, materials and functions included in the Service or any other services of Passworks.
    2. By using the Service, User acknowledges that Passworks has no control over the quality, safety, legality or accuracy of the presented information.
    3. User will indemnify and hold Passworks, its subsidiaries, affiliates, contractors, suppliers, representatives, directors, employees or content providers harmless from and against any losses, costs, damages, liabilities and expenses, arising out of or related to a third-party claim, action or allegation (a) associated in any way whatsoever with the use of the Service by the User, (b) related in any way to a transaction or dispute between User and another User or third party, (c) based on or caused by unauthorized access to the Service through User's account, (d) violation by the User of the Terms and Conditions or (e) based on facts or alleged facts that would constitute a breach of any of User's representations and warranties.
    4. Claims for payments of damages shall expire 6 months after the date the User became aware of the damage and the potential liability of Passworks for this damage.
    5. The liability of Passworks is always limited to the amount that the insurance policy will pay out for the case in question.
  8. Intellectual Property
    1. All industrial and intellectual property rights on items, or parts of items, that belongs to Passworks (including any documentation) vest in Passworks. Passworks retains all rights to all computer programs, specifications and/or data it uses or develops for the Service. Passworks does not grant any right of use or license to User with regard to the industrial and intellectual property rights that Passworks owns or holds under license.
    2. Passworks is hereby granted a non-exclusive, worldwide, perpetual, royalty-free, transferable right to use, reproduce and display all content (such as trademarks/logos) or information the User submits to the Service as is reasonably necessary to provide the User with the Service.
    3. User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by Passworks at the Service are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
    4. Use of Content for any purpose not expressly permitted in the Terms and Conditions or agreed to by the parties in writing is prohibited. Any rights not expressly granted in the Terms and Conditions are reserved.
    5. Passworks respects the intellectual property rights of others, and requires that the User to do the same.
  9. Protection of Personal Data
    1. Passworks complies with the statutory regulations regarding the protection of personal data as laid down in the Portuguese Data Protection Authority.
    2. Passworks current privacy policy is available at (the “Privacy Policy”), which is incorporated by this reference. Passworks strongly recommends that the User to review the Privacy Policy closely.
  10. Confidentiality
    1. User and Passworks warrant against each other that all confidential information received from the other party will remain confidential and will not be used for any purpose other than as agreed upon under the Service and the Terms and Conditions. In each case, information will be deemed confidential if it is marked as such by one of the parties, such as all information provided by Passworks to the User related to the functioning and contents of the Service.
  11. Termination
    1. Passworks may terminate, change, suspend, add to or discontinue any aspect of the Service or the other services of Passworks at any time, at its sole discretion and without any liability to the User.
    2. Passworks may restrict, suspend or terminate User’s use of or access to the Service and/or its services in any way whatsoever if Passworks believes the User is in breach of or is attempting to breach these Terms and Conditions or any applicable law and/or regulation, or for any other reason without notice or liability (including, but not limited to, upon receipt of any claims or allegations from third parties or authorities). Passworks maintains a policy that provides for the termination of the Service’s access if the User infringes intellectual property rights.
    3. All provisions of the Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, liability disclaimers and limitations of liability.
  12. Provisions
    1. If one or more provisions of these Terms and Conditions lose their validity or cannot be enforced as a result of the finding of a competent court or any future act of a legislative or administrative body, this will not affect the validity or enforceability of the remaining provisions.
    2. If one of the parties neglects to make use of any right or legal remedy under the Terms and Conditions, or only makes use thereof after some time, that may not be interpreted as a waiver of that right or legal remedy.
    3. Likewise, any single instance of use or partial use of such a right or legal remedy will not lead to the exclusion of any further or future use thereof, or to the exclusion of the use of any other right or legal remedy under the Terms and Conditions or any associated document or by law.
    4. No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions and User does not have any authority of any kind to bind Passworks in any respect whatsoever.
    5. User is not entitled to assign, transfer or delegate its rights or obligations under the Terms and Conditions, without the prior written consent of Passworks, which will not be unreasonably withheld.
  13. Law and Jurisdiction
    1. The Terms and Conditions and the use of the Service are subject to and will be interpreted according to the Portuguese law.
    2. Any disputes arising between Passworks and the User shall be settled by the competent court of Leiria, Portugal.
  14. Online Campaigns
    1. 50 Euros/Dollars/Pounds offer valid only when purchasing at least 100 units of the same currency in campaign credit.