General Conditions for Access to and Use of the DIGITALL Platform
1. Introduction
- The DigitALL Platform is developed and made available by the Vodafone Portugal Foundation, with head office at Parque das Nações, Avenida D. João II 36, 8º Piso, 1998-017 Lisbon, and unique registration and legal entity number 505263416 (hereinafter referred to as the “Vodafone Portugal Foundation” or just the “Foundation”).
- The DigitALL programme aims to:
- Promote equal opportunities for young students to acquire and develop key skills, with a curriculum plan geared towards an experiential learning model. The plan includes content on topics that contribute to the development of their skills from the perspective of becoming better prepared for and accessing employment, socio-educational and personal development, as well as participation in civic and social life.
- One of the objectives of the programme is training teachers in STEM education to enhance their skills for the purpose of contributing to the process of students’ growth and development for the 21st century.
- The programme will be implemented through a face-to-face, distance learning and hybrid model. Thus, this Platform will be a fundamental tool for making the DigitALL program operational.
- In face-to-face teaching, 1st and 2nd cycle students enrolled in state schools covered by the DigitALL programme will be directly impacted.
- Distance learning will preferably impact 1st and 2nd cycle students who autonomously decide to do the open (self-learning) activities available on the platform, along with 1st and 2nd cycle teachers who want to do the voluntary training activities available for teachers in the DigitALL Programme.
- The platform will also work as a tool for Municipalities and School Clusters to submit their applications to the DigitALL Programme, in accordance with the regulations in force during the period in which the applications are open.
2. Purpose
- These General Conditions for Access and Use (hereinafter referred to as the “General Conditions”) of the DigitALL Platform(hereinafter the “Platform”) are intended to regulate access to and use of the contents provided by the Vodafone Portugal Foundation through the Platform (hereinafter the “Contents”).
- The Platform is accessible through the digitall.vodafone.pt link from a computer, mobile phone, tablet and other devices that allow web pages to be viewed through a browser.
- Access to the Platform and its Contents assumes the General Conditions and the Privacy Policy have been read, understood and accepted, and it is considered for all legal and contractual purposes that they are accepted. If you do not agree with any of the usage rules, you should not use the Platform.
- Access to and use of the Platform assumes the use of third-party services and devices, which are subject to their own terms and conditions to which the Foundation is not bound. Before using these services and devices, Users must read the corresponding conditions of use, which are in addition to these General Conditions, and must accept them.
3. Registration and Account
- Through the Platform, the Vodafone Portugal Foundation provides students, teachers, guardians and other users (hereinafter collectively, just “Users”) with access to and use of various educational contents.
- The Platform includes two types of activities:
- DigitALL Schools: area reserved for educational establishments that are part of the DigitALL network and programme, which provides access to classroom activities, materials and other content created and worked on by teaching staff and students, as well as content made available by the Foundation at any given time.
- Self-learning: open area accessible by anyone, namely students and teaching staff who voluntarily want to do the training activities available in the DigitALL Programme, in which contents and educational activities are made available in self-learning mode.
- Registration of DigitALL accounts and use of the Platform by students/learners is the full responsibility of the teaching staff of the educational establishment or guardians, who undertake to communicate these General Conditions to the students/learners and to ensure their compliance.
- The creation of DigitALL accounts entails creating a username and a password, as well as providing certain data (such as data relating to the educational establishment). This data will be treated in accordance with the Platform’s Privacy Policy, available at www.digitall.vodafone.pt/en/privacy-policy/.
- Preservation and safeguarding of the data and password associated with the DigitALL account is the User’s responsibility, whereby the User agrees to keep any passwords or devices for accessing the Platform confidential and in a safe place in order to prevent any unauthorised access to it.
4. Responsibilities
- The Foundation is solely responsible for administering and managing the Platform.
- The Vodafone Portugal Foundation is also responsible for clarifying any doubts users may have about the use of the Platform, at the email address info@digitall.vodafone.pt.
- The Foundation may only be held liable for acts that are attributable to it by way of intent or gross negligence. The Foundation shall have no liability for loss of profits, non-material or reputational damages or for facts that are not attributable to it, particularly in situations of unforeseeable circumstances or force majeure.
- The Foundation shall also not be liable for any damages or losses that may result from:
- Use of or inability to use the Platform, particularly including delays, interruptions, errors, interference and suspension of communications, omissions, viruses, bugs, as well as malfunctions, irregularities and/or problems in the operation of the electronic, IT or telecommunications system;
- Delays or blockages in accessing or using the Platform caused by deficiencies or overloading of the internet or other electronic systems, namely failures in accessing any part of the Platform;
- Any damages or losses resulting from access to content and services via links provided by third parties outside the Platform. The Vodafone Portugal Foundation expressly excludes any liability for any damages, bugs, files or viruses that may infect the User’s computer, or other property, by accessing or downloading third-party content from the Platform;
- Suspension, non-operation or unauthorised use of the servers on which the Platform is hosted and/or all the information and data stored therein;
- Unlawful actions by third parties, including accessing or modifying personal databases;
- Improper or unauthorised use of the Platform;
- Possible errors or security deficiencies that may arise from the use of outdated or insecure browser terminal equipment, as well as from the activation of password storage devices or User identification codes in the browser, or from damages, errors or inaccuracies that may result from their malfunction.
- The Vodafone Portugal Foundation shall not be liable for nor guarantees that access to the Platform and/or the use of its Contents will be uninterrupted or error-free and is not responsible for any malfunctions, interruptions, failures or defects which may occur.
- The User accepts and acknowledges that the data circulating on the internet is not protected against any possible misuse and that the communicating passwords, confidential codes and any other sensitive information will be carried out entirely under the User’s responsibility and, consequently, may run the risk of being seen and used by unauthorised third parties.
- All Platform’s Contents containing informational data are merely indicative and the Vodafone Portugal Foundation does not guarantee that the information provided is correct, complete or up-to-date. Consequently, the Vodafone Portugal Foundation shall not be held liable for any damages or losses resulting directly or indirectly from the incorrectness, inaccuracy, error or deficiency of the information and data stored on the Platform or the User’s usage of such information. The User acknowledges and accepts that he/she is solely responsible for his/her use of any information contained on the Platform.
- The User also recognises that the content available on the Platform may be protected by copyright and industrial property rights and is entirely responsible for the use and storage of said content on his/her equipment.
5. Use of the Platform by the Users
- Use of the Platform is subject to compliance with the following rules:
- Users shall read, accept and fully comply with the General Conditions and the Privacy Policy of the Platform;
- Users shall recognise and respect the rights of third parties, including other users of the Platform and the rights of the Foundation, in particular with regard to industrial property rights and copyrights on the Platform;
- Users shall behave responsibly and always act in good faith when using the Platform, both towards the Foundation and towards other users;
- Users shall not design or use any technological tools or measures, either through computer programming or the use of pre-existing software, that are designed or able to damage, modify or eliminate, either totally or partially, the Platform or the technology inherent to its operation, as well as those that are able to allow unauthorised access to its content or any reserved content, whether relating to the Foundation or to other users;
- Users shall not modify, reverse engineer, reproduce or use the Platform in any unauthorised way;
- Users shall not use the Platform to send or make any content available that is illegal, false, misleading, threatening, malicious, abusive, defamatory, insulting, invasive of privacy, racist, ethically or morally reprehensible, harmful to or in violation of people’s dignity or harmful to minors, or which may have a negative effect on the image of the Foundation or any user of the Platform;
- Users shall not use the Platform to send or make information or content available that belongs to third parties and which they are not entitled to use, such as, for example, content protected by third-party copyright or content containing third parties’ personal data;
- Users shall not use the Platform to transmit or make any type of material available that contains or may contain viruses, worms, defects, trojan horses or other items or computer codes, files or programs that may interrupt, destroy or limit the functionality of any equipment or computer system (hardware or software) or communications equipment;
- Users shall not use or operate the Platform for commercial purposes or for purposes that are in any way paid for, including its contents, materials, functionalities or resources;
- Users shall not remove any copyright, trademark or intellectual property rights notices;
- Users shall not impersonate anyone or any entity, including but not limited to an officer of the Foundation, or guide or host anyone as if you were a host, or make false statements on kinship or connection with anyone;
- Users shall not transmit or make any unsolicited or unauthorised content such as spam available;
- Users shall not collect, store, transmit, use, reproduce or make information available about other users (including usernames and/or email addresses) for unauthorised purposes.
- In general, Users must use the Platform in a responsible, prudent and careful manner and must not disturb or degrade the continuity, integrity and quality of its resources and functions. Users acknowledge that any of their use of the Platform is at their own risk and that they shall be solely liable for any damage caused to their computer system and/or equipment, or for any other damages or losses, including loss or damage of data, resulting from the use of the materials, content or information obtained in any way through the Platform.
- In addition, Users acknowledge that if they provide their data (identification, contact information and other data), the Foundation will use its best efforts to guarantee the security of the information, but will not be responsible for the processing of such information by third parties, nor will it be possible to eliminate the risks inherent to the navigation of data in an open network.
- Violation of the provisions of this clause by the User may result in civil and/or criminal liability and, consequently, the obligation to compensate for the damages caused and punishment of a fine or imprisonment under the terms of the law.
6. Intellectual Property
- The total or partial reproduction of any of the Platform’s content is not permitted without prior authorisation from its owners. Placing links to the Platform and reproduction of all or part of its content is expressly forbidden without the prior written consent of the Vodafone Portugal Foundation.
- Users acknowledge that the Platform, its structure and layout, the selection, organisation and presentation of its content, including its functionalities and the software used therein, as well as the brands, logotypes and symbols displayed on the website, are the property of the Foundation or have been duly licensed to it.
- The Foundation is responsible for managing the design, layout and arrangement of all the information, contents and materials on the Platform, whereby the Foundation may update, modify or remove any contents, services, options or functions at any time, as well as modify their presentation and configuration and change the respective URLs.
- Users may not transmit, communicate to the public, publish, make available to the public, modify, transform, copy, sell, use or distribute in any way the texts, images or other information contained on the Platform without the Foundation’s prior written authorisation.
- Users may access and use the contents and materials made available through this website for non-commercial purposes, provided that the source is clearly identified (and linked to). Any changes to the material must be clearly identified and it must not be stated or in any way implied that use of the materials was authorised and/or supported at its source. Distribution of derivative materials is prohibited. Users may not impose any restrictions on the use of the materials by third parties who have access to the materials other than as a result of these terms.
7. Security
- The Foundation does not guarantee that the Platform will operate uninterruptedly, be free of errors or defects, or that it will be available continuously.
- The Foundation naturally makes its best efforts to ensure that the Platform is free of any type of virus or other dangerous items for your computer or device from which you access the Platform. However, as the Foundation cannot fully control the circulation of information on the Internet, it is not possible to guarantee that they do not contain any type of virus or other item that could damage your computer.
- It is each User’s responsibility to take the necessary measures to protect their terminal equipment and to adopt the necessary security measures in order to avoid unauthorised access.
- To ensure security of the Platform, the Foundation may, at any time and without prior notice, take the necessary measures to guarantee the integrity, security, continuity or quality of the Platform, including restricting or limiting access.
8. External Links
- The Platform may contain links to other websites operated by third parties and such websites may also contain links to other websites.
- These websites are not owned, operated or controlled by the Foundation and the Foundation is not responsible for, nor does it approve or in any way endorse or support the content of these websites or the websites linked to or referred to by them. The establishment of links does not imply, under any circumstances, the existence of any relationship between the Foundation and the owner or manager of the web page the link refers to.
- Due to the above, the Foundation is not responsible for the lawfulness, trustworthiness or quality of any content made available on them, nor for the compliance with legal rules applicable to the contents available on them, and the use of these links is entirely the Users’ responsibility.
9. Collection of Personal Data
Users’ personal data will be processed as defined in the Platform’s Privacy Policy, available at www.digitall.vodafone.pt/en/terms-conditions/ . Users should consult and accept the Privacy Policy before using the Platform.
10. Validity, Duration, Suspension and Termination
- Access to the Platform as well as the provision of Services shall, in principle, be of indefinite duration. The Vodafone Portugal Foundation reserves the right to terminate or suspend access to the Platform or the provision of any Services at any time.
- The Foundation reserves the right to modify, add to, update or eliminate, partially or totally, these General Conditions at any time by means of communication to Users.
- Nevertheless, Users should periodically consult these General Conditions to confirm whether any updates or changes have been made.
- If any part or provision of these General Conditions is unenforceable or in conflict with applicable law, the validity of the remaining parts or provisions shall not be affected.
11. User Consent
When access to the Contents depends on the User’s prior consent, such as for example, receipt of notifications, this consent shall be requested through the Platform in the area reserved for the User’s account management.
12. Issues
If you have any questions about these General Conditions, please send us your request for clarification by email to info@digitall.vodafone.pt, via the contact details indicated on the Platform, or by letter to the following address: Parque das Nações, Avenida D. João II 36, 8.º Piso, 1998-017 Lisbon.
13. Applicable Law and Jurisdiction
These General Conditions are governed by Portuguese law. For resolution of any conflicts arising from the interpretation or application of these General Conditions, the District Court of Lisbon shall be the competent jurisdiction.