Terms of use
These Terms of Use present the "General Conditions" applicable to the use of the website and services offered by SELGRON INDUSTRIAL LTDA, registered with the CNPJ under No. 85.121.820/0001-94, hereinafter referred to as "Selgron". Any person, hereinafter referred to as "user", who intends to use Selgron's services shall accept these Terms of Use and the Privacy Policy, and all other policies and principles that govern them. ACCEPTANCE OF THE TERMS OF USE IS ABSOLUTELY INDISPENSABLE TO USE THE WEBSITE AND ITS SERVICES.
The user shall read, make sure that he has understood and accepted all the conditions established in the Terms of Use, as well as in the other documents incorporated therein by reference, before registering as a Selgron user
1. USER DATA
1.1 In order for the quality of the service provided through internet to be guaranteed, it is essential that users provide the necessary and correct data when requested by Selgron. Selgron is not responsible for the incorrect filling of the data.
1.2 Regarding the provision of data for the user to register in the Selgron system, if applicable:
1.2.1 Selgron may, at its sole and exclusive discretion, not accept the registration of users, and shall not be obliged to provide any clarification to the user.
1.2.2 The veracity and authenticity of the data provided by users is an essential requirement for the maintenance of their registration. If the information provided in the registration is not consistent with reality or results in any kind of legal violation, the user may be unilaterally unregistered by Selgron, without prior and express notice.
1.2.3 Only the interested party who fills in all the required information fields shall be confirmed. The future user shall complete it with exact, precise and true information, assuming the commitment to update his personal data whenever there is any change in them.
1.2.4 Selgron is not responsible for the correction of personal data entered by its users. Users guarantee and are responsible, in any case, for the veracity, accuracy and authenticity of the registered personal data.
1.2.5 Selgron reserves the right to use all valid and possible means to identify its users, as well as to request additional data and documents that it deems relevant, in order to verify the registered personal data.
1.2.6 If Selgron decides to check the veracity of a user's registration data and finds that there are incorrect or untrue data among them, or even if the user fails or refuses to send the required documents, Selgron may block him, temporarily suspend the use of his account or definitively cancel his registration, without prejudice to other measures that it deems necessary and opportune.
1.2.7 If any of the aforementioned sanctions are applied, the user shall not be entitled to any type of indemnity or reimbursement.
2. MODIFICATIONS TO THE TERMS OF USE
2.1 Selgron may change these Terms of Use at any time, with a view to improving the provided services. The new Terms of Use shall come into force as of their publication on the website www.selgron.com.br. Within 24 (twenty-four) hours from the publication of the changes, the user shall communicate by e-mail if he does not agree with any change in the Terms of Use. In this case, the contractual relationship shall cease to exist. If there is no manifestation within the stipulated period, it shall be understood that the user has tacitly accepted the new Terms of Use and the contract shall continue to bind the parties.
2.2 Changes shall not take effect regarding operations already started at the time the same changes are published. For these, the Terms of Use shall be valid with the previous wording.
2.3. It is the user's responsibility to review the terms of use regularly to ensure that he is always aware of any changes implemented, and eventually modified.
3. INFORMATION PRIVACY
3.1 Selgron takes vigorous measures to maintain the confidentiality and security of personal data, but shall not be held liable for damages that may result from the breach of such measures by third parties who use public networks or the internet, penetrating security systems to access the users information.
3.2 In case of doubts about the protection of personal data, or to obtain more information about personal data and the cases in which the confidentiality referred to in clause 3.1 may be broken, the user should refer to the Privacy Policy.
3.3 By accepting these Terms of Use, the user acknowledges and agrees that Selgron may collect, use, store, process and transfer his personal information to third parties for the purpose of providing the services indicated on the Selgron website, as indicated in Privacy Policy.
4. VIOLATION IN THE SYSTEM OR DATABASE
4.1 It is not allowed to use any device, program, system or other resource that may interfere with Selgron's activities and operations, as well as with the accounts and their databases. Any intrusion, attempt at activity that violates or contravenes the laws of intellectual property rights and/or the prohibitions stipulated in these Terms of Use shall make the responsible liable for the relevant legal actions, as well as the sanctions provided herein, being also liable for indemnities and for any damage caused.
5. SANCTIONS
5.1 Without prejudice to other measures, Selgron may warn, suspend or cancel, temporarily or permanently, a user's account at any time and initiate appropriate legal actions if: a) the user fails to comply with any provision of these Terms of Use or the Privacy Policy; b) if he fails to comply with hisr user duties; c) if he practices fraudulent or intentional acts; d) if the user's identity cannot be verified or if any information provided by the user is incorrect; and e) if Selgron understands that any attitude of the user has caused any damage to third parties, to Urbano itself or has the potential to do so.
5.2 In cases of definitive cancellation of the user's registration, all related and active information shall be automatically canceled and deleted.
5.3 Selgron reserves the right, at any time and at its sole discretion, to request the submission of relevant personal documentation to any user.
5.3.1 Such request shall be made by sending an email to the address registered in the user's account.
6. RESPONSIBILITIES AND CONTENT SENT BY USERS
6.1 In view of the impossibility of full and uninterrupted operation, 365 days a year, 24 hours a day, of any telecommunications or information technology system, in this fragile situation also including, due to its complexity, the availability of the object services of these Terms of Use, including due to dependence on telecommunications services provided by third parties, Selgron does not guarantee, in any way, the provision of the service in an uninterrupted and/or error-free way, and the user does not have any right to claim for the inability of his account to function.
6.2 Selgron will not supervise the content made available through the functions that the website offers to its users; It is the user's sole responsibility to ensure that the content submitted using the functions does not infringe any third party's Copyright, and is not illegal or contrary to Selgron's rules and policies. The user shall hold Selgron (and any company associated with it) free and exempt from any liability for the content hosted by the user using the website functions. Any demand, whether of a material, moral or criminal nature, brought against Selgron, related to the content of the data sent or hosted by the user, shall be assumed immediately and exclusively by the user, obliging him to immediately replace Selgron in any judicial or extrajudicial demand, as well as to indemnify and reimburse Urbano for any amount that it is obliged to pay.
6.3 The reproduction, in any capacity, of the content of the website, in whole or in part, is expressly prohibited, except with the prior and express written authorization of Selgron, under the penalties of the applicable civil and criminal legislation (in particular Law No. 9,610/1998).
6.3.1 The user also agrees that he shall not create any derivative works or adapt any content for any purpose without the prior and express authorization of Selgron.
6.4 The user is hereby authorized to share the content of the Selgron website on his social networks, such as: Facebook, Instagram, Twitter and Google, provided that he does not make any changes to the content and respects Selgron's internal policies.
6.5 The user declares to be aware that other users may comment on the content submitted by him, and that the position of the contributors to this Site is not the position of Selgron, and the contributions shall be published as made available by third parties, not by Selgron.
6.6 In the comments of content submitted by other users, it is expressly forbidden to send advertising or promotional material, as well as chain letters, pyramid schemes or the dissemination of similar activities.
6.6.1 The user shall not expose his privacy or that of any other person.
6.6.2 The user shall not use inappropriate names (vulgar, offensive, etc.) to send his contributions to the Site.
6.6.3 The comments made by the user shall not contain violation of copyright or the personality of third parties, nor highlight abusive, offensive conduct, contrary to good customs, law and public order.
6.7 The user agrees and declares that he shall not send material that in any way contributes to the practice of any illicit or illegal act.
6.8 The user declares that he shall not send messages or contents that contain viruses or any other code, file or computer program with the purpose of interrupting, destroying or limiting the functionality of any software, hardware or telecommunications equipment, interrupting the normal flow of the Site or interfere with its use by other users, in addition, he shall not monitor or harass other users or third parties using the Site's tools and services, or obtain or store his personal data, including, but not limited to, financial information.
6.9 The user declares to be aware that Selgron is not obliged to use and publish the materials submitted by any of the users and that it is authorized to edit the comments submitted by them.
7. SCOPE OF SERVICES
7.1 These Terms of Use do not generate any partnership, mandate, franchise or employment relationship between Selgron and the user. Selgron is not responsible for any damage or loss to the user's equipment caused by system, server or internet failures resulting from the conduct of third parties. Selgron shall also not be responsible for any virus that may attack the user's equipment as a result of accessing, using or browsing the website or as a result of transferring data, files, images, texts or audio.
7.2 Users may not attribute any liability to Selgron or demand payment for lost profits due to losses resulting from technical difficulties or failures in the systems or on the Internet. Eventually, the system may not be available due to technical reasons, internet failures, or any other fortuitous event or force majeure beyond Selgron's control.
8. INTELLECTUAL PROPERTY
8.1 The commercial use of the expression "Selgron" as a brand, company name or domain name, as well as the contents of the screens related to Selgron's services, as well as the programs, databases, networks and files, which allow the user to access and use his account, are the property of Selgron and are protected by international laws and treaties on copyright, trademarks, patents, models and industrial designs. Any misuse and/or unauthorized use of the expression Selgron as a brand, business name or domain name, the contents of screens related to its services, as well as programs, databases, networks and files, and other forms of use that are considered harmful or that may violate international laws and treaties about copyright, trademarks, patents, models and industrial designs, shall imply in the immediate exclusion of the user as well as the adoption of legal measures to stop any subsequent attempt of use, as well as indemnification for existing moral and/or material damages, without prejudice to other legal measures.
8.2 The Selgron website may link to other web sites, which does not mean that these sites are owned or operated by Selgron. By having no control over these sites, Selgron shall not be responsible for the contents, practices and services offered on them. The presence of links to other sites does not imply a relationship of partnership, supervision, complicity or solidarity on the part of Selgron with these sites and their contents.
8.3 The Selgron website may invite the user to attend online forums, online messaging services, social networks or other functionality that may lead the user to create, post, send, publish, distribute or transmit content, including but not limited to text, photographs, graphics, drawings, comments, suggestions or other information (“Content”). The user acknowledges that he is solely responsible for all Content he makes available, regardless of the tool, system or method of delivery. Whenever the user creates, posts, sends, publishes, distributes or transmits content through the website, platforms, services and/or products of Selgron, or through websites, platforms, services and/or products of third parties to which the user has access by reason of the user's own will to use or install third party products and/or services, the user grants Selgron an authorization and the following non-exclusive license: a worldwide, transferable and sublicensable right to use, copy, modify, distribute, archive , host, publish, process, create derivative work from or otherwise exploit in whole or in part, in any media, software or medium known or coming into existence, the information and content he provides without any other consent, notice and/or or compensation to him or a third party. These rights are limited in the following ways:
8.3.1 You agree that Selgron may store and use any information you provide in accordance with the terms of the Privacy Policy.
8.3.2 You agree that you will only provide content and information that does not violate the law or the rights of a third party (e.g,, without violating any intellectual property or a contract’s rights).
8.4 Selgron may, if required by law, remove certain user-submitted information or content. In this case, Selgron will do so to comply with the law and avoid damages to itself or to third parties, without the user being able to claim any right, given that he cannot claim ignorance of this Term, nor avoid compliance with the law.
8.4 Selgron may, if required by law, remove certain user-submitted information or content. In this case, Selgron will do so to comply with the law and avoid damages to itself or to third parties, without the user being able to claim any right, given that he cannot claim ignorance of this Term, nor avoid compliance with the law.
8.5 If the user believes that works owned by him have been used on this Site by other users in a way that constitutes copyright infringement, the user shall send Selgron a detailed description of the protected work whose copyright the user understands to have been infringed, description of the location on the Site where it is located, his name, address, telephone number and e-mail address, as well as a statement stating that he has a good faith belief that the use of the disputed material was not authorized by the copyright holder, its representative or by law and that, under penalty of law, (i) assumes the information contained in the infringement report to be true and (ii)he is the copyright owner or is authorized to act in defense of such rights.
8.6 The user declares and agrees that, upon receiving any report of infringement, Selgron may immediately remove the questioned content from the air, regardless of any verification, without implying liability to Selgron for the deletion of the content, and Selgron may re-publish it on the Site if the reasons for the complaint are insubstantial.
8.7 The complaint procedure also applies to violations of trademarks, personality rights and crimes against honor. The customer declares that he is aware and agrees that Selgron will not remove content from the Site that implies a legitimate exercise of the right of criticism or freedom of expression.
9. INDEMNIFICATION
9.1 The user shall indemnify Selgron, its subsidiaries, controlled or controlling companies, directors, administrators, collaborators, representatives and employees for any demand arising from their activities on the website or for their failure to comply with the Terms of Use, the Privacy Policy or for the violation of any law or rights of third parties, including reimbursement of any expenses with attorneys' fees.
10. MINORS
10.1 The user declares that if he is under 18 years of age, his parents, guardians or legal representatives have read and agreed to these Terms of Use before any use of the products and services offered by Selgron. Legal representatives of minors under 18 years of age or incapable persons are responsible for the acts of their representatives or guardians. Selgron will not carry out any verification on the information provided by users, including regarding their civil capacity or age of majority. However, if Selgron becomes aware, by any means, that a user is using any Selgron product or service without the consent of their parents, guardians or legal representatives, Selgron reserves the right to immediately and definitively discontinue access of such user to Selgron's products and services, without prior notice or warning.
10.2 The user declares that if any area of the Site contains content aimed at an adult audience, he shall only attend such areas if he is at least 18 years old.
11. GENERAL PROVISIONS, JURISDICTION AND APPLICABLE LEGISLATION
11.1 If any provision of these Terms of Use is declared invalid or unenforceable as a result of a court decision or administrative authority, all others shall remain in force.
11.2 All items in these Terms of Use are governed by the laws in force in the Federative Republic of Brazil. For all matters relating to its interpretation and compliance, the parties shall submit to the Central Forum of the City of Blumenau/SC. Both parties waive any other jurisdiction that may correspond to them.