For this particular instrument and in the best way of law, the PARTIES:
NAVEGG Participações S/A, registered with the CNPJ (Brazilian Ministry of Finance’s Corporate Taxpayer Registry) nº 12.285.481/0001-08, represented according to its incorporation, hereinafter simply NAVEGG, and
- NAVEGG is a platform that offers online audience segmentation systems and services.
- These Terms are electronic, therefore the User accepts this ONLINE AGREEMENT to use NAVEGG’s system, as well as accepts any electronic instrument located on the Website, including but not limited to Privacy Policies, Legal Aspects, and others.
- The various services and plans provided by NAVEGG to the interested Users present different values and payment conditions, and the user must make the payment in accordance with the rules established for each plan.
Thus, in view of the foregoing, the parties have mutually accepted the conditions listed below:
1. Information on the Usage of the NAVEGG
- The User is aware and agrees that the information collected by NAVEGG on his/her website will be used and shared anonymously with other users of the NAVEGG network, aiming to increase the data quality and segmentation throughout the network.
2. Object – Provision and Use
- To use the NAVEGG System, Users should fill out a Registration form at the NAVEGG Website.
- The User will access his/her profile through the e-mail and password registered, and undertakes not to report these data to third parties, being fully responsible for any use that is made of them. The User is solely responsible for the operations on his/her account, since access to it will be possible only by using e-mail address and password, whose knowledge is unique to the user.
3. Time and Duration
- This Contract is valid for a period of thirty (30) days, being automatically renewed for equal periods if there is no representation to the contrary by any Party.
4. Obligations of the User
- If required by the conditions described in the plan hired, the User shall make an advance payment in accordance with the values established in contract.
- The User agrees to use the NAVEGG plans in accordance with the rules and feature set for each plan, and expressly guarantees that he/she will not offer any plan and/or service illegal and/or prohibited by law, exempting NAVEGG of any accountability, specifically, technically list the data reported by NAVEGG with identifiable personal data collected online.
- The User declares to have read, understood and to be in full agreement with all terms and conditions of these Terms and the values of the contracted services.
5. Means and Methods of Payment
- The User accepts that, in order to use the services from the NAVEGG System and receive audience reports, he/she shall monthly pay NAVEGG with a value corresponding to the data, functions and features of each plan available. Values, means and payment terms will be published on the NAVEGG page www.navegg.com or in contract.
- In case of automatic renewal, the USER accepts and agrees with the automatic monthly billing, according to payment information previously registered.
- The amount to be paid by the USER to NAVEGG may be adjusted upon notice of 10 (ten) days broadcasted on the website and by e-mail sent to the USER.
- NAVEGG may, at its sole discretion, establish rules for discounts and even rules for free services.
- The compensation values shall be different, due to the need for customized information that the User wishes to have on the reports issued by NAVEGG, that is, the amount to be paid by the User may be higher or lower depending on the items selected, segmentation and/or functionality. For more information regarding the values, white to [email protected]
- The technical and economic infeasibility of absolute prevention against attacks, invasions, hacking or other unlawful acts in the Internet environment, relieves NAVEGG in case of possible responsibilities. Therefore, the Company does not guarantee in any way, an uninterrupted and/or error free service.
- The USER acknowledges and agrees that NAVEGG may, at its sole discretion and at any time, change the characteristics of the plans hired with previous notice, being it guaranteed that a new version of the services listed in the plan hired must be available at the website www.navegg.com. The notification is displayed to the USER at the time of his/her login to the website www.navegg.com.
- The USER is aware and agrees that the NAVEGG is not responsible for:
a) Any lack of quality, accuracy, completeness, adequacy, effectiveness, reliability or usefulness of the data, images, information or other content of the website www.navegg.com;b) The actual conditions of use, consequences and possible damage resulting from the use of data, images, information or other content of the website www.navegg.com;
c) Any damage arising from failure by the USER to observe the duty to maintain the confidentiality of his/her password, as well as the lack or delay in notifying NAVEGG of any unauthorized access or unauthorized use of the User’s password by third parties;
d) Any damage suffered by the USER as a result of the cancellation of his/her registration on the website www.navegg.com or termination of these Terms, in the cases foreseen, as well as the preservation or provision of information about the User, including for the identification and location by NAVEGG in compliance with court orders;
e) Any irregularity in the operation of the plan hired, including the chances of fortuitous events, force majeure, third party acts or failure by the user to observe the necessary conditions for full delivery and use of the service.
7. Intellectual Property
- The Parties recognize that all trademarks and logos, as well as any and all distinguishing marks to be used in terms of these Terms, remain the exclusive property of the respective Parties.
- For the purposes of dissemination and implementation of the subject matter of these Terms, the Parties shall permit the use of their trademarks, logos and other identification signs, of industry, trade, services, free of charge and for the sole purpose of the Partnership under this instrument, being the same not subject to alteration or modification, forcing both Parties to maintain the visual identity in the use of any material belonging to the other Party, without passing it in whole or in part to third parties.
- The Parties recognize that all technological resources, as well as the databases to be used in terms of these Terms, shall remain the property and responsibility of the respective Parties that are in possession of such resources.
- These Terms do not provide any exclusivity between the Parties, or between parent companies, affiliates and/or subsidiaries, legal representatives, directors, officers and/or employees of the Parties.
- Furthermore, the Parties agree that the content of these Terms, as well as registration information, is strictly confidential and will not be disclosed to any individuals, companies or institutions, unless:
a) the information is public domain or will become available to the general public by means other than disclosure by the Parties or their representatives, its parents, subsidiaries or companies that directly or indirectly are subject to the same control that is subject to the Party;
b) if the disclosure is required by governmental authority or court order, under penalty of being characterized as disobedience or other penalty. In such cases, the material to be disclosed shall be subject to all applicable governmental or judicial protection, and the Party is obligedto disclose such information, notify the other Party with reasonable notice so that it can adopt any measures eventually appropriate;
c) it is already in the hands of the Party who received the information, as a result of its own research, provided that it can prove this fact;
d) it is proved to have been received from third parties.
10. Of Termination
- These Terms will be automatically terminated, without notice, if any of the below cases are identified:
b) the user does not fulfill the financial commitments of the plan hired;
c) facts arising from unforeseeable circumstances or force majeure as legally defined in the Brazilian Civil Code.Regardless of the other provisions of this instrument, it is provided to the PARTIES to terminate the provision of service at any time through request of cancellation ten (10) days in advance, not generating any liability to both Parties, except relating to the services hired.
11. Notifications and Communications
- Communications between the parties shall be held only by e-mail. The information to perform such communications shall rely on a dedicated constant communication link at the NAVEGG website. Information for communication with the User refers to the data contained in the User’s electronic registration with NAVEGG, which should be kept updated by the User. Failure by the User to update registration can not be used by the User as a defense for the non-receipt of any judicial or extrajudicial communication or notification sent by NAVEGG or plans offered through it based on the data contained in the User register.
12. Final Provisions
- The non-exercise by either Party of any rights or powers conferred upon them by these Terms or by law, as well as any eventual tolerance against violations committed by the other Party, shall not matter for the waiver, by any Party, of their contractual or legal rights, renewal or amendment of provisions of these Terms, and the Party may, at its sole discretion, exercise them at any time.
- Neither party may assign, and in no way transfer, in whole or in part these Terms, or any rights arising from them, without the written consent of the other Party, except in cases of transfer resulting from restructuring and other kinds of merger, demerger or incorporation of either party.
- If, as a result of any judicial appeal, any provision or term of these Terms is sentenced as void or voidable, such nullity or annulment does not affect the remaining provisions of these Terms, which shall remain in force, obliging both parties.
- The Parties in this agreement are independent and none of what is mentioned here should be interpreted as employment, a relationship of representation, joint venture, partnership, fact or in law or joint venture between the Parties. Neither Party has any right, power or authority to enter into any Terms for or on behalf of the other Party or incur any obligation or liability.
- The Parties acknowledge that no license rights to patents, copyrights, trademarks or maskworks is granted or conferred to any of the Parties under this Instrument or by the disclosure of Confidential Information by one of the Parties to the other Party as provided herein, either expressly, implicitly, induced, estoppel or otherwise. Any licensing of intellectual property rights must necessarily be approved expressly and in writing.
- The outsourcer authorizes Navegg to utilize your email address in third party tools to send releases and offers.
- Legislation, Dispute Resolution and Applicable Jurisdiction
- Applied automatically to these Terms are the acts of the public power published in the Official Press, concerning electronic commerce services, as well as all legislation in force.
- The User, through their registration with NAVEGG, electronically firms these Terms, declaring to acknowledge and accept, without question, all of its clauses.
- In case the Parties fail to come to an agreement, the Parties elect the jurisdiction of the District Capital of the State of São Paulo as competent to settle any dispute arising from these Terms, to the detriment of any other, regardless of how privileged it is or will be.
And thus, being fairly contracted, the Parties electronically sign these Terms, which must be respected by any eventual successors at any cost.