TERMS OF USE
This website and all its content (the “WEBSITE”) are the exclusive property of SURFING PRO LTDA., holder of CNPJ Nº 45293952/0001-89, with address at Rua Apinagés, 1100, conj. 1104, Perdizes, São Paulo - SP, CEP: 05017-000 (“SUPPLIER”), owner of the electronic address https://www.surfingpro.com.br (“WEBSITE”) and sub-addresses.
1- The USER is the individual or legal entity that has registered on the WEBSITE or that has acquired products and services through the WEBSITE, and therefore recognizes and accepts these Terms of Use as a Contract by electronic means.
Heads up! By accessing the WEBSITE and/or purchasing any product or service through it, you are declaring that you are aware and agree in an unrestricted, irrevocable and irreversible manner, with the entire content of this digital agreement (TERMS OF USE), Exchange and Returns and with our Privacy Policy.
2- The SUPPLIER may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for services. You may permanently or temporarily terminate or suspend access to the Services without notice and liability for any reason or no reason.
3- Important! Some digital products, services and/or content offered by the SUPPLIER are subject to specific contracts, and this instrument, in these specific cases, must be treated as a supplement. If there is no specific contract previously presented to the USER for a particular digital product, service and/or content, the general rules specified in the respective standard contract, which are part of these LEGAL TERMS, will apply for all legal purposes.
4- By using the WEBSITE, you are aware that the content made available here, whether in writing or any form of media, including images, videos and voice, are the result of the intellect of the SUPPLIER's professionals and, therefore, constitute the intellectual property of company and/or thereof.
5- The availability of content to the end user, whether free of charge or paid, never takes place through sale and purchase or any other form of definitive transfer of ownership.
6- In the acquisition of any right, product, infoproduct or services from the SUPPLIER, the USER is bound by the respective contract, an integral part of these "legal terms" and presented below in full.
7- The USER, therefore, declares that he is aware that when accessing the content of the WEBSITE, he is doing so by means of a mere assignment, of a precarious and temporary nature, of the right of use. For this reason, you are prohibited from downloading videos and/or audios, copying and/or plagiarizing content, reverse engineering, altering, suppressing, modifying or rendering useless, in any way, technical devices introduced in the copies of the works and productions to avoid or restrict your copy, and/or download material not effectively made available for this purpose, under penalty of paying for property damage, loss of profits, moral damages for misuse of image, voice and/or intellectual property without prejudice to other sanctions, including those of a criminal nature.
8- The prohibition extends even if the act aims to obtain a copy for exclusive personal use.
9- The USER may not use any data present on the site for advertising purposes, directly or indirectly, even if free of charge and without commercial purposes, without the prior request and consent of the SUPPLIER.
INTELLECTUAL PROPERTY
10- All rights related to this WEBSITE are reserved to the SUPPLIER, including, but not limited to, texts, images, audios, videos and any other content. All brands presented here belong to the SUPPLIER, or from partner companies, affiliates, suppliers or refer to products for which we have the proper commercialization license.
11- It is strictly forbidden for the website user to: reproduce, use, copy, distribute, allow public access, acquire the right to access any course or service collectively ("group buy"), make our content available for free or onerous to the general public, transform, plagiarize, or modify in any way the contents of the SUPPLIER, unless it has prior written authorization from the holder of the corresponding rights.
LIMITATION OF LIABILITY
12- In view of the inherent characteristics of the internet environment, it is possible that connection interruptions or suspensions, incomplete computer transmissions or that may fail, as well as technical failure of any kind, including, but not limited to, the electronic malfunction of any network, “hardware” or “software” or even USER equipment.
Annex I - Infoproduct Use Rights Assignment Agreement
The following are parts of this instrument:
On the one hand, the SUPPLIER identified above, owner of the WEBSITE and sub-addresses, and on the other hand, the USER/User and/or Financial Officer, adhering to these general terms and conditions, duly identified through the information provided to the payment platform ( "USER").
Clause One - Object
The purpose of this contract is the assignment of the right to use electronic content whose copyrights are owned by the SUPPLIER.
§ 1. The infoproducts are offered online, inserted in the PLATFORM and available at an electronic address where the USER has access.
§ 2. The USER's access to the course contracted will be 12 (twelve) months from the date of assignment.
§ 3. The USER declares that he is aware and agrees that the use of the infoproduct is not related to the number of installments to be paid to finance the course, which can be fully accessed in a shorter or longer term than the financing term. The completion of the COURSE will not be considered a reason to interrupt the payment of any installments of the financing chosen by the USER; in the same way, the fact that the USER, under his exclusive responsibility, has stopped attending the course in whole or in part during the period in which it is available, is not a reason for reimbursement of values.
§ 4. The USER expressly acknowledges that he understands that:
I. It is not a contract of continued supply, with execution deferred in time, in which the consumer is allowed to withdraw from its continuation, failing to pay the due installments.
II. This is an assignment of the right to use an infoproduct, embodied in electronic material, provided in full to the consumer, whose payment can be paid in installments by the USER with their credit card company, or even using "recurrence" mechanisms for administration. of credit limit.
III. With the delivery of the infoproduct to the consumer (consubstantiated by access to the platform for using the content of the infoproduct purchased), the SUPPLIER is not obliged to receive back the COURSE provided in advance or to proceed with the return of amounts already received.
IV. The possibility that the USER has chosen to pay the adjusted price in installments does not interfere with the fact that the price of the purchased info-product is still due in full, when it is verified that he no longer has the right to withdraw from the contract with refund of the amounts paid and return of the thing.
V. The taking of unilateral measures by the USER with the credit card administrator, banking institution, or in any other way, that interrupts the payment of amounts due to the SUPPLIER will give rise to the taking of civil legal measures necessary for the collection of amounts that are not were paid, plus the contractually established penalties and procedural expenses, without prejudice to the notitia criminis for verification, by the competent police authority, of the possible occurrence of the type provided for in art. 168 of the Brazilian Penal Code.
Clause Two - Assignment
The USER requested the assignment of the rights to use the content of the COURSE according to data completed in the payment gateway, declaring in advance to have read and fully accepting all the rules of Policies, contracts and Terms of Use available in full on the WEBSITE, as well as in the applicable legislation. and those emanating from other normative sources, as long as they supplementally regulate the matter.
§ 1. The USER declares that, prior to his/her request, he/she had access to all the information related to the COURSE, being that FUTURE DOUBTS SHOULD BE ADDRESSED through our email surfingprobr@gmail.com
§ 2. The execution of the assignment means, for all purposes, full agreement with the terms and conditions of this contract.
Third Clause - Access to Content
After the assignment is carried out in accordance with the second clause above, the SUPPLIER will provide access, whose entry will be exclusively through a login and password of a personal and non-transferable nature.
§ 1. The password is for personal and non-transferable use by the USER, who will be liable for the misuse of it and for all damages resulting from making it available to third parties, whether for the purpose of making a profit or not, with the password being the exclusive responsibility of the USER. .
§ 2. The password will guarantee access exclusively to the content of the COURSE contracted and access to the COURSE for its use will occur for a specific period of 12 (twelve) months from the date of payment, after which it will be automatically blocked.
§ 3. Simultaneous access to more than one terminal (computer, tablet, cell phone, or any other technology) is not allowed.
§ 4. The USER is strictly prohibited, under penalty of immediate termination of the assignment, with expulsion from the course without the right to return values and without prejudice to other measures applicable in the civil and criminal scope:
I. Share your login and password with third parties;
II. Acquire the course in a group, or “groupbuy” regime, or another form of apportionment where several people acquire access through the name of a single person, sharing it among themselves.
III. Make use of tools to record the screen or otherwise download course videos even for personal use only.
IV. Make use of tools to record the audio of the videos or to in any way download the audios not made available specifically for this purpose, even for exclusive personal use.
V. Make use of tools to photograph the screen image, including smartphone printscreens, even if for exclusive personal use.
SAW. Share the course, free of charge or for a fee, on sales platforms such as, but not limited to, “Mercado Livre”, “Mercado Pago”, “OLX”, “Whatsapp” or in any type of media, since this act constitutes the practice of piracy and will be punished according to the law.
§ 5. Classes will be made available sequentially and entirely online, and, for better didactic use, the sequence will be phased over the months following the assignment.
§ 6. The USER declares that he is aware that the use of pedagogical tools made available by the SUPPLIER to the USER, such as: a) support materials, b) complementary or bonus classes; and c) activities and exercises, are part of the learning environment and are subject to the terms of use, privacy policy and copyright policy.
§ 7. The USER declares that he is aware of and agrees with the fact that under no circumstances is he being sold any property rights relating to the course. Access is merely a temporary assignment of the right to use the content.
§ 8. The USER is responsible for the confidentiality of his access to the Site, being forbidden to transfer it to third parties, under penalty of contractual termination and verification of possible violation of copyright. In addition, the USER undertakes to keep their registration data updated with the SUPPLIER.
§ 9. All content made available, whether in writing, audiovisual or by any other media, is the exclusive property of the SUPPLIER and protected by national and international legislation on intellectual property, with reproduction, transmission, dissemination, storage and exhibition in whole or in part being prohibited. third parties that do not appear as part of this instrument.
Clause Four - Price
For the acquisition of the info-product object of this instrument, the USER will pay the SUPPLIER the amount described in the assignment request, in the amounts and due dates chosen at the time of acquisition of the right of use.
§ 1. If the payment option was by bank slip or deposit (if these options are available at the time the transferee's rights are acquired), it is agreed that the delay in the payment of any installments will be increased by a late payment fine in the amount of 2% (two percent) on the principal, plus monetary correction by the IGPM-FGV and late payment interest in the amount of 1% (one percent) per month, calculated pro rata dies, pursuant to the provisions of art. 52, § 1, of the Consumer Protection Code.
§ 2. It is hereby established that the delay in the payment of any installment or payment obligation arising from this contract will allow the SUPPLIER, cumulatively:
I. Register the existence of the debt in credit protection institutes, such as SPC and SERASA, among others, pursuant to art. 43, §2, of the Consumer Defense Code, whenever the delay of any installment exceeds 30 (thirty) days.
II. Protest and/or collect judicially or extrajudicially the amount due, and the USER must bear all costs, expenses and collection charges of 10% (ten percent), in addition to attorneys' fees of 20% (twenty percent), in both cases calculated on the total amount of the debt, plus extrajudicial and judicial costs and expenses.
III. Prevent the USER from taking advantage of any additional services offered.
IV. Terminate this contract.
§ 3. Once the SUPPLIER has proven the payment of the defaulted installment(s), the SUPPLIER shall request the exclusion of the entry in the records of the credit protection institutes within a maximum period of 05 (five) business days, it being hereby clarified that after the request, there will be a period for the bodies themselves to effect the withdrawal of the name.
§ 4. Any discount granted to the USER will be exceptional and will not constitute a concession commitment for other products that the USER makes or intends to make with the SUPPLIER.
§ 5. If the USER has chosen to use the credit card as a form of payment, the USER declares that he is already aware that the SUPPLIER does not have information about the closing date of the invoice, and, therefore, is not responsible for charging more than one installment in the same invoice, and the USER must previously consult his credit card issuer.
Clause Five - USER Obligations
The USER's obligations are:
I. Prior to requesting the assignment of the right to use the COURSE, analyze the description of the COURSE and the content in order to assess whether it is suitable for your interests.
II. To access the available content, have equipment and software connected to the internet.
III. Keep your registration data updated and with true information, as well as ensure the confidentiality of your login and password, so as not to allow or enable sharing with third parties.
IV. Do not reproduce, in any way, the material of the infoproducts, under penalty of being civilly and criminally liable to the SUPPLIER and third parties, under the terms of Law 9.609 of February 19, 1998, for violation of intellectual property, and the use of this must be made exclusively privately by the USER.
V. Do not sell or transfer, in any way, in whole or in part, your password to third parties outside this commercial relationship.
SAW. Do not copy by any means, including downloading or screen recording, the videos, audios, photos and documents, and must access the infoproduct only online and exclusively through the Surfingpro website.
VII. Follow the standards of conduct established and in force on the internet, refraining from: (i) violating the privacy of other users; (ii) allow others to use your access to the course; (iii) use any intrusion technique on the site that violates the security of the training environment and related sites; (iv) not knowingly act to destroy files or programs from the environment and related sites; (v) use the names and e-mails of course participants for commercial purposes; (vi) send messages that may be considered obscene and/or outside ethical standards and good customs.
Clause Six - Supplier's Obligations
It is exclusively up to the SUPPLIER:
I. Provide and guarantee access to the infoproduct as long as the USER is up to date with his obligations and has not committed serious misconduct that justifies his expulsion.
II. Maintain adequate administrative staff to resolve doubts regarding access or the COURSE.
III. After confirming the assignment, provide access to the infoproducts purchased.
Single paragraph. Exclusively for the purposes and services contracted, the USER authorizes the SUPPLIER and credit financing companies to:
I. Exchange Confidential Information and other information obtained by the Contractor to achieve the purpose of the Contract, as well as consult and/or confirm their accuracy on WEBSITES and databases in general;
II. Share Confidential Information and other information with its business partners and service providers, in Brazil or abroad, for purposes of credit assessment, verification and risk and fraud management, and data processing and storage; and
III. Use your Confidential Information and other information to form a database, as well as its disclosure, provided that it is anonymous, generalized and not individualized.
Clause Seven - Termination
In case of breach of any clause or obligation of this contract by the USER, the SUPPLIER may resolve it, and the USER will be prevented from accessing the infoproducts immediately, without this measure resulting in any type of indemnification to the USER.
§ 1. Without prejudice to the other provisions set forth in this contract, the SUPPLIER may immediately terminate this instrument if the USER: (i) misuses the infoproducts, as indicated in clause three and sub-clauses; (ii) if the USER shares login and password.
Eighth Clause - General Provisions
The following are general provisions applicable to this contract:
I. As disposições do presente contract may only be amended by an instrument that will have the effect of an amendment.
II. O USUÁRIO é responsável civilly and criminally for the veracity of the data entered in the assignment request, statements, information and documents that you provide and for the consequences that arise from them.
III. O USUÁRIO será responsável for compensation for material damages, loss of profit, loss of opportunity and moral damages that willfully or intentionally cause to the SUPPLIER and/or third parties.
IV. Serviços realizados por terceiros not covered by this contract must be contracted and paid directly by the USER.
V. A tolerância das partes does not imply waiver, forgiveness, novation or alteration of the agreement in this instrument, and the party that feels injured may demand its right at any time.
VI. Se qualquer das cláusulas of this contract is considered null or voidable in court, such clause will be disregarded from the contract, all others remaining valid, and in full force and effect.
VII. A FORNECEDORA não se responsible for any problems arising from the interruption of the services of the internet access provider contracted by the USER, nor for the interruption of services in the event of a lack of electricity supply to the system of its access provider, failures in the transmission or routing system of access to the internet, incompatibility of the user's systems with the access provider, of any action by third parties that prevent access to the infoproducts, due to problems arising from a fortuitous event or force majeure, and also, by determination arising from an administrative or judicial decision .
Clause Nine - Acts of God or Force Majeure
As provided for in article 393 of the Brazilian Civil Code, neither party will be held liable for failure to comply with their respective obligations, when the fulfillment of such obligations has been prevented or delayed due to the occurrence of events demonstrably characterized as a fortuitous event or force majeure.
§1 In view of the established period of sanitary calamity, as established by Ordinance n. 188/GM/MS, of February 4, 2020, Ordinance no. 356/GM/MS, of March 11, 2020, Federal Law no. 13,979, of February 6, 2020, Federal Law no. 13,675, of June 11, 2018, Decree no. 10,212, of January 30, 2020, Presidential Message n. 93/2020, as well as regulatory decrees and related provisional measures, will not be considered fortuitous cases or force majeure those resulting from new developments of the Coronavirus (2019-nCoV) pandemic.
§2 Under no circumstances will the occurrence of:
a) Any action by any public authority which a party could have avoided had it fulfilled its legal or contractual obligations;
b) Economic or financial difficulties of either party.
Clause Ten - Adhesion
Continuing with the infoproducts without opposition to this contract, which was preliminarily presented to the USER, the USER expresses having read and understood this contract and the other legal instruments mentioned and made available on the WEBSITE, having used the service mechanisms to remedy and clarify all their doubts, and finally being duly clarified and in full agreement with all the terms and conditions presented to him, he assumes the rights and obligations established, which will be well done for all legal purposes.