The present document establishes the General Terms and Conditions of Use that regulate the contracting of the services offered through the site www.nbanks.net
(from now on designated as Platform or nBanks Platform), exclusive property of NBKS - Digital Services, S.A., a commercial company under Portuguese law, with the identification number of Collective Person 515 026 522, with registered office at Avenida 25 de abril, n.º 381, 4440-502 Valongo (from now on designated as nBanks).
The following definitions apply to these General Terms and Conditions of Use:
a) Authentication: a procedure to verify the identity or validity of the use of a specific payment instrument, including the use of the User's personalised security credentials.
b) Strong authentication: an authentication based on the use of two or more elements belonging to the categories of knowledge (something that only the User knows), possession (something that only the User possesses) and inherence (something that the User is), which are independent, in that the breach of one of them does not compromise the reliability of the others, and which is designed to protect the confidentiality of the authentication data.
c) Personalised security credentials: personalised elements provided to the User for authentication purposes.
d) User consent: means any indication given freely, specifically, informed and unequivocally of the User's intentions, and by which, the User, through a declaration or by a clear affirmative action, agrees with the contracting of the service that the User wants to join and the respective processing of personal data regarding him/her, which is a prerequisite for the respective membership.
e) Payment account: an account held by the User used for the execution of payment transactions.
f) Sensitive payment data: data, including personalised security credentials, that may be used to commit fraud, the name of the holder of the payment account and the account number not constitutingsensitive payment data.
g) Account information service: an online service consisting in providing consolidated information on one or more payment accounts held by the User with a Bank, Financial Institution and/or Credit Institution, legally authorised to do so.
h) User: natural or legal person of a public or private nature that subscribes to one of the services offered by the nBanks Platform.
3. Eligibility and Membership
3.3. nBanks makes available a number of membership plans ("Subscription Plans"), including special promotional plans or memberships offered by other providers in conjunction with the provision of its own products and services. Some membership plans may contain different conditions and limitations, which will be disclosed to the user at the time of registration or through other communications adressed to him.
4. User Registration
4.1 . in order to contract the services provided on the nBanks Platform, the User must previously register on the Platform website www.nbanks.net, filling in the online registration form, with all the requested data and following the instructions.
4.2. In order to register on the nBanks Platform, the User will have to create an account, providing nBanks with a valid e-mail address. The User will also have to define a password, personal and non-transferable, which will be necessary to access his personal area/profile, after the successful conclusion of the registration process.
4.3. For security reasons, to confirm the e-mail address indicated by the User at registration, the User will receive an activation e-mail of their nBanks account, which will be automatically sent to the e-mail address provided. The User's account will only become active when the validation code sent to him or her has been entered.
4.4. Once the nBanks account has been activated, the User must proceed to correctly and fully complete the registration form on the nBanks Platform. For this purpose, the User must provide the following data: first name and surname of the User, telephone contact, user profile (professional or business), NIPC / NIF, company name, company headquarters and the brand or trade name. If you do not fill the mandatory information, the registration will not be possible.
4.5. The nBanks does not guarantee, nor assumes any responsibility for the truthfulness of the data that are filled in by the Users, being the only responsible for the truthfulness and accuracy of any information or data that are provided.
4.6. Users must keep their data permanently updated. In case of change of any information provided during the registration process and account creation, the Users should contact the nBanks as soon as possible, in order to change their data. The Users will be the only ones responsible for erroneous, false elements or that in any way do not correspond to the reality.
4.7. Additional information and security elements may be required in accordance with applicable operational, legal and regulatory requirements. Any incorrect information, or introduced with malicious purposes, can be kept and used by nBanks for criminal purposes and can be freely communicated to the competent authorities for the investigation of the potential illicit existent.
4.8. The nBanks makes available to the User, Subscription Plans of the nBanks Platform, through which it provides its services. When registering, the User will have to select a subscription plan and should choose the Subscription Plan whose features best suit their profile. If there are functionalities that the user wants to acquire that are not available in only one adhesion plan, the user should contact nBanks.
4.9. After validation of the User?s registration, the User will receive a welcome email to the nBanks Platform, which will be automatically sent to the email address supplied when filling in the form, confirming their subscription.
4.10. In the event that any User does not comply with the aforementioned procedures, it will not be possible to register on the nBanks Platform or to make use of the nBanks services.
4.11. nBanks reserves the right to restrict or limit access to the nBanks Platform or to part of the platform, notably due to technical constraints.
5. Access to the nBanks Platform
5.1. Access to the nBanks Platform requires an Internet connection. In this respect, the User should bear in mind that usage charges may apply according to the operator.
5.2. Access to the nBanks Platform may require the use of updated browsers and operating systems. nBanks does not assume any responsibility for the impossibility of updating your browser or operating system, in particular, but not only, when your software device, smartphone, tablet or any other similar device is no longer compatible with the most recent updates of the browsers or operating systems.
5.3. When using the nBanks Platform, the User is responsible for checking that they have a compatible device and internet access that ensures access to it.
5.4. After registering and activating their account, the User access to the nBanks Platform is processed through the respective login on the website, entering their email and entering the respective access password defined by the User.
5.5. The User accepts and acknowledges that they are solely responsible for the use and safeguarding of their password. The nBanks is not responsible for the use of the account by third parties, nor for its illegal usurpation by third parties.
5.6. The nBanks, in the future, may implement other types of access to the nBanks Platform.
6. Services Rendered
6.1 nBanks, through the nBanks Platform, makes available to the User information and financial information management services, which include (i) the aggregation, management and visualisation of information about payment accounts held by the User with Banking Institutions, Financial Institutions and/or Credit Institutions (hereinafter also referred to as Institution or Institutions), (ii) the integration of data obtained from other sources to which the User gives access, and (iii) information about banking, financial and credit products.
7. Account Information Service
nBanks allows the User, through the nBanks Platform, to access an information service interface on payment accounts and other assets for which the User has previously granted authorization for this purpose, allowing the User to aggregate, manage and view information on positions and movements of payment accounts and credit cards that the User holds at Banking, Financial and/or Credit Institutions. In this way, the User has an overall view of their financial situation, even if they hold payment accounts with different institutions and are domiciled in different Member States of the European Union. 7.2
. Any information regarding payment accounts is only accessible online
. The User must associate at least one payment account in order to benefit from the account information service available on the nBanks Platform.
. To associate a payment account, the User must access the "Cash Management" area, select the country of origin of the payment account and the respective Bank, Financial and/or Credit Institution. The User will then have to indicate the access channel and enter their personalised security credentials. 7.4.
Institutions that are not provided by nBanks through the Platform are excluded from the account information service. If the User does not find their institution, they may send an e-mail with their suggestion to the following e-mail address: email@example.com
. The User may, at any time, choose to associate other payment accounts held by them, as well as disassociate the payment account(s) initially entered by the User in their financial information management area.
. Within the scope of the account information service, nBanks provides the User with the following consolidated information features via its Platform with regard to the payment account(s) held by the User and associated with the respective service:
a) Aggregation of balances and movements by time periods, value limits, available funds, average expenditure parameters and budgets defined by the User;
b ) Alerts to the User related to the consolidated information referred to in the previous numbers;
c) Classification of balances and movements by category;
d ) Creation of personalised accounts, for an effective financial management;
e) The ability to export information from their statements in a typified and homogeneous manner regardless of the institution to which the User's payment account belongs;
f) Search bank statements by date, keyword, value range and category;
g ) The ability to add notes and relevant documents to each transaction; Balances and financial movements, allowing the viewing of the respective statements;
7.7. nBanks may at any time change the functionalities relating to the consolidated information made available under the account information service.
7.8. In connection with the provision of the account information service, nBanks:
a) Ensures that for each communication session, identifies itself to the Payment Account Management Institution and communicates securely with it and with the User;
b ) Accesses only the payment account information associated with the account information service;
c ) Does not require sensitive payment data associated with payment accounts;
d) Does not use, store or access data for purposes other than the provision of the account information service;
e) Adopts the rules and security measures it considers appropriate to ensure the proper use, security and confidentiality of the service at all times. Never requests the signature key or second (or subsequent) authentication factors necessary for authorisation and/or carrying out operations or transactions.
7.9. The account information service is based on the direct or indirect access of the provider to the payment accounts held by the User at the respective Institutions. nBanks does not establish any contractual relationship with the Institutions managing the payment accounts and/or credit cards held by the User. 7.10.
The account information service is currently provided through a third party entity, SIA "Nordigen Solutions", National Identification Number 40103982535, with its registered office at Gustava Zemgala Gatve 74, Rīga, LV-1039. Nordigen Solutions is registered as an Account Information Service Provider
(AISP), since 27.07.2020, and is regulated by the Financial and Capital Market Commission of
Latvia, and Portugal is included in the scope of its registration (IF Code 5760 assigned by the Bank of Portugal). 7.10.1
The User will guarantee at all times that their personalised security credentials allow access to the payment accounts of which they are the holder or to which they are entitled to access within the framework of legal or contractually valid relationships in force. 7.12.
Access to the User's financial information depends on their consent. Said consent is initiated on the nBanks Platform, being necessary that the User authenticates himself/herself with his/her personalised security credentials.
In compliance with the European and national legislation in force, and for the sake of the User's security, it will be necessary to authenticate the credentials with each Institution that corresponds to the financial information of the payment account(s) and/or credit cards every 90 (ninety) days from the last authentication. To do so, the User will have to access the respective Institution and proceed with their authentication, normally done via SMS. When the process is completed, it is necessary to return to nBanks and update the accounts so that the automatic update is activated again. 7.14.
The revocation of these consents may be carried out with each of the Institutions or, alternatively, the User may cancel the service or remove the association of the payment account(s) relating to a certain Institution from the nBanks Platform. 7.15.
In any case, the service provided by nBanks is unrelated to the relations between the User and the institutions selected by the User to aggregate in their "Cash Management" area.
8. Data Integration
8.1. The nBanks Platform allows for the collection and integration of data from external sources, i.e. data exported from external links or directly by uploading files by the User himself/herself.
8.2 . All information concerning the User is based on the express, free and informed consent of the User before being entered into the User's nBanks account made available on the Platform.
8.3. The User shall be entirely responsible for the content of any material entered on the nBanks Platform.
8.4. nBanks shall not be responsible for the content of any messages or information entered by Users or third parties via the nBanks Platform.
8.5. nBanks reserves the right to review, edit or delete any content that it considers to be illegal, offensive or otherwise inappropriate.
8.6. nBanks does not claim ownership of the elements/data that the User provides to nBanks via its Platform (including comments and suggestions) and/or respective documents that the User posts, uploads, inserts or sends. However, by posting, uploading, inputting, providing or submitting, via the Platform, the User is granting nBanks the necessary permission to use its data and materials in connection with the operation of the services, including, without limitation, the licence rights to: copy, distribute, transmit, display, perform, reproduce, edit, translate and reformat its data; and the right to sublicense such rights to any provider of the services to which the User has subscribed.
8.7. Any documents that the User shares through the nBanks Platform, which contain images, photographs, images that are graphic in whole or in part, the User warrants and represents that it is the owner of such images, or that the copyright owner of such images has granted it permission to use such images or any content.
8.8. The nBanks Platform holds a shared area, called "Chat and Digital Archive" that allows the User to exchange messages in real time and access with those who assist him in the financial management of his business (to whom he grants permission, for this purpose), allowing the sharing of documents, between both parties to send or consult a file, these always being available in his nBanks account.
8.9. Through hypertext or other links, the User may access other Internet pages that are not an integral part of the nBanks Platform. The nBanks does not assume any responsibility for the content of these pages and it is up to the User to ensure the protection of his system against dangerous elements such as viruses, worms, trojans and other elements of a destructive nature.
9. Information on Banking, Financial and Credit Products (on the National Market)
9.1 . . The nBanks does not have any type of intervention, nor does it receive any type of commission, remuneration or other form of payment for the contracting of services between the User and any Institution.
9.2 . The products are presented based on the public information made available by the respective Institutions. The possible contracting of the products identified does not exempt confirmation of their characteristics with these institutions.
9.3. Given the complexity and variety of the financial products, it is not possible to reflect all the inherent costs of contracting the operation on the Platform, meaning that only the most decisive conditions and commissions for contracting the type of product are shown.
9.4 . The commissions presented via the nBanks Platform are subject to the respective Value Added Tax (VAT) and Stamp Duty at the legal rate in force. For the calculation of the total value of the commissions, it is considered that these do not suffer any change in the period that is considered.
9.5. No content available on the nBanks Platform should be understood as financial advice or recommendations of any of the products. The information is provided to help the User to choose the product that best meets their interests. However, it is solely your responsibility to verify the suitability of the product of your interest, as well as the decision to obtain or refrain from acquiring any product or service.
9.6. The User should note that none of the products disclosed through the nBanks Platform is or should be considered as a representation of an offer on the part of nBanks or any third party to sell you any product or to enter into any contract, concerning the product that the User seeks. It should be noted that each product has its own terms and conditions associated with the respective Institution.
10.1 The list of the functionalities made available in each of the services offered on the nBanks Platform will be permanently divulged by nBanks on the respective website.
10.2 nBanks may alter at any time the functionalities made available in each of the Subscription Plans, as well as the technical conditions of its operation.
11. Invoicing and Payment (in the case of paid Subscription Plans)
11.1 Access to the nBanks Platform is subject to the charging of subscription fees defined in Subscription Plans, under the terms of the pricing established and disclosed on the Platform's website, with the exception of the trial or promotional periods stipulated. To obtain specific details on your subscription to the nBanks Platform, such as the plan subscribed to, payment method, date of the next invoicing cycle, among others, visit our website www.nbanks.net, log in with your registration credentials, and click on "Subscription" - available on the icon with your profile - and access the section with the information about your subscription.
11.2 . by joining the nBanks Platform, the User accepts that the charging of the subscription will be carried out through the payment method indicated, authorising nBanks to charge the fees for the billing periods during which the services are made available.
11.3 . the subscription fee for the services that the User benefits from will be charged on a monthly basis. However, the User may opt for an annual payment.
11.4. The duration of the billing period will depend on the type of subscription the User has selected at the time of registration.
11.5. The subscription period selected by the User is automatically renewable.
11.6 . In some cases, the payment date may be changed, namely when:
a) It was not possible to debit the value through the indicated payment method. In this case, the services that the User has subscribed to will be suspended until the User introduces a valid payment method;
b) The day on which the User subscribed to one of the Subscription Plans in a given month does not exist in the month of the following instalment. In this case, the collection will be made on the working day following the day in which the adhesion took place.
11.7. The user will be responsible for any uncollected amounts. If a payment cannot be debited due to insufficient funds or other reason, and you do not cancel your account, nBanks may suspend your access to the contracted services until it is possible to collect through a valid means of payment. For certain means of payment, fees may be charged by the issuer, such as international transaction fees or other fees related to the processing of the means of payment. Local tax charges may vary depending on the payment method used. For further information, contact the corresponding service provider.
The User may change his or her Subscription Plan by accessing the "Subscription" page, without cancelling his or her membership of the nBanks Platform. To update the means of payment, the User should contact nBanks through the following email address: firstname.lastname@example.org
. nBanks reserves the right to change the Subscription Plans and the prices of the services available on the Platform periodically. However, such changes will only be effective after 30 (thirty) days of notification to the User and after obtaining the User's acceptance. If the User does not agree with the aforementioned alterations, he or she has the right to terminate the contract of membership of the Platform immediately and free of charge. 11.10.
Membership of the nBanks Platform for a promotional period of free use or at a reduced price, through a Subscription Plan offered by nBanks, is intended to allow new Users to try out the various functions of the Platform, or to take advantage of a temporary bonus. 11.11.
The duration of the promotional use period of your membership will be specified in the registration. Eligibility for free use is determined by nBanks in its sole discretion and nBanks has the right to limit eligibility or duration to prevent abuse of the use of the promotion. nBanks reserves the right to revoke the promotion and suspend your User account in the event that it can determine that you are not eligible. Restrictions may apply to any combinations with other offers.
12. Suspension and Blocking of Access to the Platform and/or Services
12.1 nBanks may suspend the provision of the services contracted by the User:
a) Due to any alteration or modification that prevents the continuation of the provision of the service contracted by the User, or that implies, according to nBanks, an increase in the risk of the provision of the service or the decrease of the guarantees of provision of the services according to the quality parameters expected by the User;
b ) In case of unexpected operational or technical incidents that do not allow the provision of the service;
c ) In case of violation of the present General Terms and Conditions of Use accepted by the User; For lack of payment of the Subscription Plan subscribed by the User.
12.2. nBanks reserves the right to block, in whole or in part, the use of the nBanks Platform for reasons relating to the security of the Platform or a suspicion of unauthorised or fraudulent use of the services contracted.
12.3. In the case of the preceding paragraph, nBanks shall inform the User, verbally or in writing, of the blocking of the use of the nBanks Platform or of the provision of a certain service, and of the respective justification, if possible before the blocking or, at the latest, immediately after it, unless such information cannot be provided for objectively justified security reasons or if it is prohibited by other applicable legal provisions.
12.4 As soon as the reasons for the blocking cease to exist, nBanks shall unblock the use of the nBanks Platform or of a certain contracted service, without, however, guaranteeing the maintenance in an archive or access to the data relating to the use by the User in the period prior to the blocking.
13. Duration, Cancellation of Registration and Termination of Service Provision
13.1 The relationship established between nBanks and the users of the Platform shall be of an indefinite duration. Notwithstanding this, the registration of a user may be freely cancelled by the latter, at any time, on the initiative of nBanks or the user.
13.2 . the user may, at any time, cancel their membership of a given service or the totality of contracted services, maintaining access to the same until the end of the billing period.
13.3. Payments made until the date of cancellation are non-refundable and there will be no refunds or credits for partial monthly subscription periods.
13.4 . To cancel, access the "Subscription" page and follow the cancellation instructions. If you cancel a paid subscription plan by switching to a free subscription plan, your account will remain activated, but with limited features. You can check the subscription end date of a paid plan in your User profile.
13.5. If the user wants to deactivate the automatic renewal of a certain Subscription Plan, the User should send an email to email@example.com, expressly requesting it. It is also possible obtain billing information about the membership by the same means.
13.6. In the event of termination of the contract on the initiative of nBanks, this shall be done by written communication addressed to the User, with a minimum of 1 (one) month in advance, in relation to the date set for the termination of the contract and the consequent termination of the provision of service(s), without prejudice to the possibility of suspension and/ or blocking of service(s) or access to the nBanks Platform, provided in the previous clause.
13.8 . in the event of termination by nBanks of the contract based on just cause, the same shall be carried out through written communication, to be sent to the valid email address provided by the User and will produce immediate effects. For this purpose, the following grounds constitute just cause:
a) The non-compliance, by the user, of the present general conditions of use;
b ) The user has made an abusive use of the service(s) and/or the nBanks Platform;
c ) The contracted service has been blocked under the terms of clause 12;
d ) The knowledge or the suspicion of non-compliance, by the user, of the safety recommendations of use of the nBanks Platform and the respective service(s);
e) The user has been declared adult accompanied or insolvent.
13.9. Once the process of cancellation of registration has been completed, an e-mail confirming cancellation of registration will be sent to the User, at which point the User loses all rights conferred by these General Terms and Conditions of Use.
13.10. There are certain clauses of these General Terms and Conditions of Use, which by their nature should survive termination of the membership contract, and which necessarily include, but are not limited to, confidentiality, clauses relating to ownership and copyright, warranty disclaimers and limitations of liability.
14. Obligations of nBanks
14.2. nBanks also undertakes to ensure the correct operation of the Platform that underlies the services provided to the Users. However, nBanks rejects any liability in the cases of non-operation of the Platform, whenever this situation results from failures unrelated to its proper operation.
14.3. nBanks may not, under any circumstances, be held liable for accidental or voluntary damages suffered by the Users and caused, or not, by third parties in the scope of the use of the services and content provided on the nBanks Platform, in other places (on the internet, paper, radio, television, social networks or other media) that disseminate the content provided by nBanks, or in other places on the internet to which they have had access through it.
14.4. Similarly, nBanks does not guarantee or promise:
a) Specific results arising from the use of the Platform;
b) That the services will meet the Users' requirements;
c ) That the services will be available in an uninterrupted, timely or error-free manner;
d) That the results that may be obtained by using the Platform are accurate.
14.5. nBanks does not assume any obligation to supervise the activities on the Platform.
14.6. nBanks does not assume any liability for any loss or sending of damaged, incomplete or incorrect data due to problems of electronic mail and/or the malfunctioning of the Platform. The nBanks assumes no responsibility for the correctness of the information that is made available as a result of the collection and integration of data from external sources, or as a result of the loading of files by the User himself.
14.7. nBanks is not responsible for any losses or damages of a material or personal nature that may arise directly or indirectly from the use of the information made available, the User being solely and exclusively responsible for all decisions taken on the basis of this information.
14.8 . nBanks will not be able to claim before the nBanks errors or deficiencies derived from the operating system used by the User.
14.9. nBanks will make all reasonable efforts to resolve any interruptions of the services contracted by the User. In the event of any technical works that may cause interruption in the services provided through the nBanks Platform, nBanks will alert the User by email prior to the start of the technical works, at least 48 hours in advance, informing the User of the estimated period over which the website will be unavailable.
15. Users' obligations
15.1 The duties of Users are to:
a) not to send and disseminate, via the nBanks Platform, incorrect information and information contrary to national law;
b ) to provide true information and personal data, including with regard to the companies represented by the Users;
c ) to keep the information and their personal data up to date;
d) to be responsible for the truthfulness and legality of the information that they voluntarily fill in the forms on the nBanks Platform, including with regard to the companies represented by the Users, or that they subsequently provide in surveys or classifications arising from the services provided by the nBanks Platform. It is prohibited to falsify, erase or omit information necessary for the service(s) provided;
e) Undertake not to restrict or inhibit other Users from fully using the services available on the nBanks Platform;
f) They are also prohibited from using false identity with the aim of deceiving or cheating others;
g ) Not to use the nBanks Platform for any use other than that for which it is intended.
15.2. If the User provides false, erroneous, outdated or incomplete information, or breaches its obligations described above, nBanks is entitled to suspend or cancel its registration.
16. User Code of Conduct
16.1 All Users are bound by the following code of conduct:
a) All declare, under their sole responsibility, that they will act in compliance with the applicable rules, in a responsible, respectful, diligent and good faith manner;
b ) All commit, under their sole responsibility, to submit complete, accurate and truthful information about their identity, their educational qualifications and professional experience.
16.2. The following conduct by Users is expressly prohibited:
a) Creating false identities, acting on behalf of third parties without legitimacy, pretending to be another entity and/or stealing the identity of others;
b ) Providing false data, all the information provided must be completely exact and true;
c ) Falsifying the truth, falsifying documents and/or signatures, infringing laws, regulations or any applicable standards;
d ) Registering and using the nBanks Platform in representation of a certain company, or person, without being duly authorised to do so;
e ) Manipulating and/or altering the nBanks Platform tools;
f ) Not respecting the standards and pre-determined processes for accessing and using the nBanks Platform, as well as using methods that may cause damage to the Platform and/or the systems of third parties;
g) Using the nBanks Platform and/or the information received by the Users for purposes other than those foreseen in these General Terms and Conditions of Use;
h) Send unsolicited advertising;
i) Transmit, through the nBanks Platform, any information or commercialise any material, product or service of an illegal, insulting, defamatory, harmful, vulgar, obscene or considered objectionable nature;
16.3 The user undertakes to notify nBanks immediately, without any undue delay, as soon as he becomes aware of any situation of misuse of the Platform by a third party, as well as any situation of loss, theft, robbery or misappropriation of his nBanks account. The communication of the occurrences shall be addressed immediately to nBanks through the following email address: firstname.lastname@example.org.
16.4. The User shall also report to the local police or judicial authorities the occurrences mentioned in the previous paragraph, and must submit a copy or certificate of the respective report to nBanks.
16.5. The User must periodically certify his nBanks account, in order to be able to become aware, as soon as possible, of the occurrences mentioned in paragraph 16.3.
16.6 . The User is also obliged to provide nBanks all the collaboration necessary for the detection of frauds and irregularities in the use of the contracted services, namely by providing nBanks with all the information requested by the latter, being obliged to report to nBanks any fraudulent actions of third parties or attempts of manipulation aimed at obtaining the personalized security credentials or password to access the nBanks account, as soon as it becomes aware of them.
16.7. the user will have to respect the security recommendations for the use of the nBanks Platform that at each moment are disclosed by nBanks on its website.
17. Intellectual Property and Copyright
17.1 "Intellectual Property and Copyright" means all past, present or future rights, including but not limited to copyright, moral rights, trademarks (trade names and service marks),inventions, patents (including patent applications), trade secrets, know-how, databases, any other intellectual property right of every kind and nature and also right in or relating to registrations, renewals, extensions, combinations, divisions and reissues of and applications for registration of any of the above rights recognised in any country or jurisdiction.
17.2. The Users who register on the nBanks Platform, expressly acknowledge and accept that nBanks is the exclusive owner of all the intellectual property rights regarding the software of the nBanks Platform, including the images, videos, graphics, and all the integral elements of the nBanks Platform, and that they do not acquire any type of right over them, through their registration on the Platform or arising from their use.
17.3. The Users registered on the nBanks Platform recognise and accept that nBanks is the exclusive owner of all the rights and titles relating to the nBanks trademarks, not acquiring any rights over them through the registration on the Platform or deriving from their use.
17.4. The improper and unauthorised use of the rights described above constitutes a serious infringement of the rights of those responsible for the Platform, resulting in legal action being taken against the infringers.
17.5. The User is expressly forbidden to access the nBanks Platform through modified forms of the software, namely with the aim of obtaining unauthorised access.
17.6. The content, texts, photographs, drawings, images, logos, computer programs, databases and, in general, any intellectual creation that exists on the Website/Platform, as well as the Website/Platform itself, as a multimedia work, are protected by copyright under the terms of the legislation in force, and the copying, unauthorised reproduction or any type of usurpation thereof is strictly forbidden.
17.7 The User acknowledges that certain services may contain intellectual property of third parties, which are not owned by nBanks, and may be subject to additional restrictions imposed by the respective owners. The User agrees to comply with such additional restrictions.
18.3. In this eventuality, the nBanks will endeavour to make available on the Platform all the documents, containing their updated versions, with the same being visible and available for online consultation.
18.4. Users shall read these documents carefully when accessing the nBanks Platform and shall consult them frequently.
18.5. The aforementioned modifications shall be deemed accepted by its Users if they continue to use the Platform after the publication and/or communication of any changes to the General Terms and Conditions of Use.
18.6 . in the event of the changes made by nBanks implying a new subscription to a new service and/or Subscription Plan, the failure to do so by the User shall be considered, for all purposes, as termination of the subscription contract to the nBanks Platform by the same User.
19. Personal Data
The data provided by the Users through the nBanks Platform will be included in an automated database, which is handled by nBanks, and the holders of the personal data can submit questions regarding the same to the following email address: email@example.com 19.2.
The Users who register on the nBanks Platform guarantee that the personal data transmitted are true and accurate. 19.4
. If the User does not consent to the processing of the personal data, the User may not register on the nBanks Platform. 19.5.
. The holder of personal data is also entitled to request clarification or to submit complaints regarding the processing of personal data to the National Commission for Data Protection, under the terms resulting from the legal rules in force on personal data protection, through the following page www.cnpd.pt
20.4 . Disclosure will not be considered a breach of contract only in the following cases:
a) Confidential information is disclosed by a party after such confidential information becomes publicly known or available, independently of the parties (i.e. not as a result of a relevant party);
b) Confidential information is disclosed in order to comply with applicable law or court order, in which case, if possible, with prior written confirmation from the other party;
c ) Confidential information is disclosed by the User to other entities of the same group as the User, if such entities are bound by an obligation to observe the confidentiality of the information;
20.5. confidential information is disclosed to the nBanks subcontractor.
20.6. the Parties undertake to respect the rules of confidentiality established in this contract, during the validity of the same, as well as in case of termination, without any temporal limitation.
21.1 The present General Terms and Conditions of Use replace any other agreements or contracts, oral or written, that both parties may have made before.
21.2 Any changes to the present General Terms and Conditions of Use must be made in writing and by mutual agreement between nBanks and its Users.
22. Transfer of Rights and Obligations of Subcontracting
22.1 The Users may not assign and/or transfer the rights and obligations contained in these General Terms and Conditions of Use of the nBanks Platform.
22.2 nBanks reserves the right to be able to assign and/or transfer freely, at any time and without the authorisation of the Users, the rights and obligations contained in these General Terms and Conditions of Use of the nBanks Platform.
22.3. nBanks also reserves the right to be able to subcontract other natural or legal persons in order to fulfil their obligations contained in these General Terms and Conditions of Use of the nBanks Platform.
23. Other Pages
23.1. The provision of links to any other page or location on the Internet is intended for the convenience of Users and does not imply the approval of nBanks of such page, location or its contents. The nBanks does not control, does not review and is not responsible for external Internet pages, nor for their content.
24. Provision of Information and Communications
24.1. nBanks shall permanently disclose on its website of the nBanks Platform, all the relevant information relating to the services contracted by the User, and the User shall regularly consult the same.
24.2 . All communications between nBanks and the Users relating to the present General Terms and Conditions of Use and/or the membership of the nBanks Platform, shall be made in writing and in accordance with the established notification procedures.
24.3. For all other cases not expressly regulated in these General Terms and Conditions of Use of the nBanks Platform, all written communications shall be made by e-mail to the following e-mail address firstname.lastname@example.org.
24.4 . in the event of an operational or security incident of a severe nature that has or is likely to have repercussions on the financial interests of the User, nBanks shall inform you without delay of the incident and of all the measures that it can take to mitigate its adverse effects.
24.5 . the secure procedure for communication by nBanks to the User in the event of suspected fraud, proven fraud or threats to the security of the nBanks Platform or of the personalised security credentials takes place via the address: email@example.com.
24.6 . The communications to be made in the course of the contractual relationship shall be carried out by the parties in Portuguese language, unless otherwise stipulated in writing.
25.1 Without prejudice to what is legislated about the complaints book, the complaints of the user, whatever their reason, content or object, can be presented through the following email address firstname.lastname@example.org, producing the same immediate effect.
25.2. nBanks ensures that all complaints that are received by it, will be immediately forwarded and object of consideration, decision and communication to the user in the shortest possible time.
25.3 The deadline for reply is 15 (fifteen) working days, which will only be exceeded when the nature of the complaint or the greater complexity of the treatment so requires, being that, when in question, complaints related with the provision of the account information service, the maximum period for reply is 30 (thirty) working days.
26. Final Provisions
26.1 This agreement gathers all written and oral communications and defines the entire agreement of the parties relative to the nBanks Platform.
26.2 The General Terms and Conditions of Use of the Platform, as well as the relations established between nBanks and the Users are governed by the Portuguese legislation in force.
26.3 Partial Invalidity. If any clause of the present General Terms and Conditions of Use of the nBanks Platform comes to be judged null or voidable, in whole or in part, or impossible to comply with by legal provision or fact of third party, the others will continue in full force.
26.4. Non-Exercise of Rights. The non-exercise, or the late or partial exercise, of any right that nBanks is entitled to under the present General Terms and Conditions of Use of the Platform, does not imply the waiver of such right, nor does it prevent its subsequent exercise.
26.5 Force majeure. When, during the provision of services by nBanks, an event or fact considered as force majeure occurs, which prevents the punctual fulfilment of its obligations, nBanks shall not be liable for any damages or losses caused to the User(s). Force majeure is understood as any unforeseeable and unavoidable event beyond its will or control. Although this list is not exhaustive, force majeure may include a state of war, whether declared or not, rebellions or riots, natural disasters such as fires, floods, earthquakes and communications cuts, among others.
27. Law and jurisdiction
27.1 . the present general conditions, the adhesion to the nBanks Platform and the contracting of any services, whether through the subscription of the plans offered by nBanks or not, are governed by portuguese law.
27.2 . both nBanks and the Users will endeavour their best efforts to find an amicable resolution with regard to any doubt or conflict arising within the scope of the execution of the present General Terms and Conditions of Use of the Platform.
27.3. If it is not possible to reach an amicable resolution of the conflict, the issues regarding the interpretation, validity, execution or termination of this contract will be decided by the Porto District Court, with express waiver of any other.
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