1. Overview
1.1 This document regulates the use of the content made available to the USER on the WEBSITE www.bpartners.com.br.
1.2 www.bpartners.com.br is a WEBSITE maintained by B&PARTNERS PARTICIPAÇÕES LTDA., company in the CNPJ under (National Register of Legal Entities) No. 20.417.203/0001-95, headquartered at Rua Iguatemi, No. 263, Itaim Bibi, São Paulo – SP (State of São Paulo), Zip Code 01451-010, herein referred to as B&PARTNERS.CO.
1.3 The WEBSITE aims to provide the USER with the availability of content as detailed below in item 3.
1.4 Access to, and use of, the WEBSITE, including the content and services and software provided, are subject to the following Terms of Service and Privacy Policy set forth herein and all applicable laws and regulations. If you do not agree or accept these Terms of Service, we ask that you do not use or access the WEBSITE.
2. References
2.1 To make clearer communication in these Terms of Service, some references have been standardized, and whenever there is reference of the following items herein in capital letters, the meaning will be as follows:
- WEBSITE – Is the WEBSITE accessible via internet where information, services and facilities offered to the USER will be made available.
- SERVICES – Registrations, content, news and contacts.
TERMS – Rules and definitions that regulate the activities and services of the WEBSITE, which are provided for herein. - B&PARTNERS.CO – Owner and maintainer of the WEBSITE described herein.
- USER – Person who uses the services available on the WEBSITE.
3. WEBSITE functioning
3.1 The WEBSITE offers open and free of charge browsing, where anyone who meets the requirements defined in these TERMS, with internet access, and having the necessary hardware and software resources, can explore and obtain the available content, being considered a USER.
3.2 In order to have access to certain sections of the WEBSITE, the USER must register, a fact that does not remove the free nature of these services, nor does it impose participation conditions that go beyond those present in these TERMS.
4. TERMS acceptance
4.1 The USER who accesses and consults the information and facilities of the WEBSITE agrees with the provisions of these TERMS by virtue of their free initiative to use and access the data
made available on the WEBSITE.
4.2 Before browsing the WEBSITE, it is recommended that the USER print a copy of these TERMS and read them completely. Since, even if the USER does not accept the recommendation set forth herein, they fully agree with these TERMS, according to the previous item.
4.3 The USER will not be able to use the SERVICES or accept the TERMS if they are a person with restrictions, regarding the receipt of services, imposed by the laws of Brazil or other countries, including the country where the USER is resident or from which he/she uses the services.
5. Use of the WEBSITE by the USER
5.1 USER agrees to use the WEBSITE only for the purposes permitted by these TERMS, and by Brazilian law.
5.2 USER agrees not to access (or attempt to access) the WEBSITE by any means other than through the interface provided on the WEBSITE.
5.3 The USER agrees not to participate in any activity that interferes with or interrupts the WEBSITE functioning.
5.4 The USER agrees not to use the WEBSITE, or any other information made available therein, for commercial purposes, its private and particular use being free.
5.5 The USER agrees that it will be solely responsible for non-compliance with any of its obligations with respect to the TERMS and may be held administratively and/or judicially liable, as the case may be, according to its non-compliance.
5.6 It is expressly prohibited to use the WEBSITE and its available information for any purpose for their own benefit, or that of third parties, either by obtaining data, or even by using the
resources and tools made available for the USER.
5.7 The USER declares that the information provided by him/her are true and personal, and that there is no plagiarism or offense against the rights of third parties or brands, the USER being solely responsible for his/her information.
5.8 The USER may not use information and data from the WEBSITE in a way capable of undermine the brand represented, or third parties.
5.9 The USER agrees that they will not use the WEBSITE in a way that threatens the image, values and good customs, or mislead third parties with covert, false or incorrect information.
5.10 The USER may not, nor will it allow anyone else, copy, modify, create a derivative work, reverse engineer, decompile or, in any other way, attempt to extract the source code of the software or any part that makes up the WEBSITE.
5.11 All material and services found on the WEBSITE (texts, images, audio, software, technology, logos, slogans, brands, advertising expressions, domains, trade names, intellectual works, and
any others), as well as the software that enable the activities, are the exclusive property of B&PARTNERS.CO, which holds all copyrights, licenses and proprietary, trademark or patent rights relating thereto. Any violation of property and related rights will result in the direct and personal responsibility of the USER responsible, who will be responsible for the acts performed under the law, with the application of the applicable sanctions in the civil and criminal areas, in any instance, as well as losses and damage determination.
6. Assignments, licenses, and authorizations of USER rights
6.1 The USER gives B&PARTNERS.CO the information and data provided by them, regardless of the nature and form, which will be automatically accessed by the WEBSITE, when expressly authorized to do so by the USER.
6.2 The assignment defined above is free of charge, and without consideration on the part of B&PARTNERS.CO.
6.3 All licenses, authorizations, assignments or any other form of concession by the USER to B&PARTNERS.CO, provided for in these TERMS, are irrevocably and irreversibly granted, and for
an indefinite period.
7. USER’s relationship with B&PARTNERS.CO termination
7.1 The TERMS will continue to apply as long as the WEBSITE is available.
7.2 If the USER wishes to terminate the existing relationship with B&PARTNERS.CO by virtue of these TERMS, it may do so by simply ceasing to access and use the WEBSITE.
7.3 B&PARTNERS.CO may, at any time, terminate the existing relationship with the USER arising from these TERMS in the following cases:
(A) the USER has violated any provision of the TERMS, or acts in a way that clearly shows or evidences that it does not intend or cannot comply with the provisions of the TERMS;
(B) B&PARTNERS.CO is required to do so by law or court order;
(C) on the initiative of B&PARTNERS.CO to terminate the WEBSITE, in whole or in part, without the need for notification or justification, at any time to the USER;
(D) by B&PARTNERS.CO’s unilateral decision to exclude the USER, not needing to justify or reveal its motivation to do so;
7.4 When these TERMS are terminated, all rights, obligations, and responsibilities that the USER has assumed and accrued while the TERMS are in force, or which must continue expressly in force will not be affected by this resolution and will continue to apply indefinitely.
7.5 In the event of termination of the WEBSITE’s service offer, in whole or in part, on the initiative of B&PARTNERS.CO, it will not be obliged to maintain, provide, return or reimburse any kind of content, data or information passed on by the USER, unless required by the latter and within the legal term stipulated by the Civil Rights Framework for the Internet and by the Data Protection General Law of Brazil.
7.6 In all cases provided for in this chapter, whether by motivated or unmotivated termination of either party, by expulsion of the USER from the WEBSITE, or by the termination of its activities, the information, rankings, images, texts, files, activities, interactions, and WEBSITE information, will be lost in your totality, and the USER shall not be entitled to any kind of indemnity or compensation, nor recovery.
8. Warranties and liability exclusion
8.1 Nothing in these TERMS shall exclude, or limit, the rights of B&PARTNERS.CO to be compensated for losses or damages caused by the USER, including against third parties.
8.2 The USER understands, and expressly agrees, that the use of the WEBSITE is at their own risk, and that it is provided as it stands and according to availability.
8.3 B&PARTNERS.CO does not guarantee or take responsibility for:
(A) use of the WEBSITE does not meet USER’s expectations;
(B) uninterrupted, timely, secure and error-free use of the WEBSITE;
(C) any information obtained by USER as a result of using the WEBSITE will be accurate or reliable;
(D) any defects in the functioning or functionality of any software provided to the USER as part of the WEBSITE will be corrected within a reasonable period of time;
(E) any direct, indirect, incidental, special, consequential or exemplary damages incurred by USER, caused by USER themselves. This includes, without limitation, any losses and damages, direct or indirect profits or loss;
(F) any loss or damage that the USER may incur, including, without limitation, those motivated by:
(I) any changes that B&PARTNERS.CO may make to the WEBSITE;
(II) the deletion, corruption or inability to store any content or other communications data maintained or transmitted through the USER’s use of the WEBSITE;
(III) failure by the USER to provide B&PARTNERS.CO with correct information;
(IV) any damages caused by engraving made by USERS (download) to your own equipment, any electronic files existing or made available on the WEBSITE, whether by B&PARTNERS.CO or by
third parties;
(V) any damages arising to the USER due to the misuse and/or malicious use by third parties of information obtained illegally from the WEBSITE;
(VI) any damages resulting from the misuse of USER data by third parties;
(VII) for the default of the USER to the rules of the law or of this instrument, which generates losses or damages to third parties;
(VIII) for the USER’s covert use of third-party information and irregular use of third-party data and images.
(G) impossibility of accessing the WEBSITE, or failure to function and communicate with it, resulting from:
(I) any defects or inadequacy of equipment used to access the WEBSITE, including, without limitation, software, hardware, processing systems and any network connections;
(II) inability of the USER to operate the necessary equipment and technologies;
(III) failures in the World Wide Web (Internet) or Providers;
(IV) failures in the systems, servers, software and/or hardware that keep the WEBSITE accessible;
(V) acts of bad faith by third parties that invade the WEBSITE, such as hackers, who access the registration and personal data provided by the USER and use them unlawfully for any purpose. B&PARTNERS.CO declares that it has taken reasonable care to prevent system intrusion, but is not responsible for its inviolability;
(VI) loss of data and/or information eventually recorded by the USER in the WEBSITE’s database, either due to registration cancellation or due to system failure. B&PARTNERS.CO is not obliged to maintain and/or perform any kind of ‘backup’ of the WEBSITE database, including materials and data provided by the USER.
8.4 The WEBWEBSITE access address is the one disclosed in these TERMS, therefore, B&PARTNERS.CO will not be responsible for any access to other domains, even if they present the same characteristics of this WEBSITE and/or claim to be the original.
8.5 B&PARTNERS.CO is not responsible for the equipment necessary to access the resources available on the WEBSITE, whether physical or not, at the USER’s expense.
9. Conditions for receiving the Newsletter
9.1 After clicking on “REGISTER”, you will receive an email to confirm your registration. Don’t forget to check your spam folder. Without confirming your registration, you will not receive our newsletter.
9.2 When using the B&PARTNERS.CO Email Marketing/Newsletter service, the user is committing to the following terms and conditions indicated below, being also subject to the Antispam Policy. Acceptance of this term is mandatory for any individual or legal entity, hereinafter referred to as “USER”, who intends to use the services provided by B&PARTNERS.CO, hereinafter referred to as “SERVICE”, as well as all other policies and principles that govern it.
B&PARTNERS.CO reserves the right to update and change the Terms of Use from time to time. Any new feature that increases or improves the current service, including the release of new tools and features, will be subject to the Terms of Use.
9.3 The rules described in this Terms of Use determine the policies for using the service for receiving information published by B&PARTNERS.CO:
a. The information contained in these Terms of Use may be changed in whole or in part and it is recommended that you keep yourself informed of changes through the WEBSITE.
b. By confirming the registration, you will be authorizing the B&PARTNERS.CO WEBSITE to send Newsletters (newsletters and promotions) to your email.
c. The B&PARTNERS.CO WEBSITE will send the Newsletters treated herein to the applicant at no financial cost.
d. You are aware of the difference between SPAM and Newsletter. SPAM is unauthorized commercial messages that fill email inboxes. Newsletter are information sent only after the request for submission and confirmation of the request. They may have a commercial nature, but without abusing the number of emails sent. In addition, it can be requested at any time to cancel the sending through the newsletter sent.
e. When completing the registration, the applicant must provide a valid email account to receive the newsletter. It is mandatory to fill in the Name and Surname of the applicant.
10. Terms Changes
10.1 B&PARTNERS.CO may, at any time and regardless of prior notice from the USER, modify the TERMS, and the new version will partially or totally replace the previous one on the WEBSITE.
11. General Conditions
11.1 The USER, when browsing and accessing the information on the WEBSITE, agrees that the activities that exist and that may exist on the same are innocent, healthy, in good faith and nonoffensive, accepting its rules, instructions and conditions, in an absolute and unrestricted way, guaranteeing that you will not feel in any way outraged, offended or harmed by them.
11.2 If B&PARTNERS.CO creates any new activity on the WEBSITE, which the USER does not consider in the manner described above, that is, believes that they may eventually feel offended or harmed by it, they are obliged to inform the fact immediately to B&PARTNERS.CO, freely and immediately terminating the present agreement.
11.3 The services and/or products, as well as any other types of interactions made between the USER and third parties, which can be found on the WEBSITE, being offered by third parties, are their responsibility, and must be paid or demanded directly from the same service providers, B&PARTNERS.CO not being responsible for the collection and/or quality thereof.
11.4 Any extrajudicial or judicial claim that may be made against B&PARTNERS.CO, due to noncompliance or infringement of any provision contained in this agreement, will oblige the USER to respond fully and, if applicable, regressively, for all losses and damages caused to B&PARTNERS.CO and/or third parties, being authorized, from now on, the denunciation of the USER’s dispute, in the exact terms of article 70, III of the Civil Procedure Code.
12. Applicable Law and Jurisdiction
12.1 The WEBSITE is on the Internet and can be accessed from any location, and regardless of where the USER is located, the TERMS will be governed by the Brazilian legal system, including but not limited to those provided for in Law No 12.965/2014, Law No 13.709/ 2018. Likewise, the Brazilian Judiciary Power is elected as the only competent jurisdiction to judge any dispute arising from these TERMS, however privileged another may be. Notwithstanding the foregoing, the USER agrees that B&PARTNERS.CO, and any company belonging to its economic group, may also file legal measures (or equivalent) in any jurisdiction, when these TERMS are violated in
other countries.
12.2 In case of conflict of state or municipal laws, for the interpretation of any doubt or dispute, the legislation of the State and Capital of São Paulo shall always prevail.
12.3 Subsidiarily apply to these TERMS, in addition to the rules provided for by the Civil Code and legislation in general, also those of Laws No 9.609 and No 9.610 of February 19, 1998 (Copyright and Software Law) and others mentioned in the body of this term.
13. Final Provisions
13.1. All written rules, instructions, guidelines, and regulations, scattered throughout the body and activities of the WEBSITE, form an integral and complementary part of this Agreement.
13.2 B&PARTNERS.CO’s omission or tolerance in not demanding strict compliance with the terms and conditions of this agreement will not constitute novation or waiver, nor will it affect its rights, which may be exercised at any time.
13.3 If the USER wishes to contact B&PARTNERS.CO, they can do so through the “Contact Us” available at contato@bpartners.ag
13.4 The provisions and arrangements of this document will prevail over any other understandings or agreements previously entered by the USER and B&PARTNERS.CO, whether express or tacit, referring to the conditions established therein.
Privacy Policy
1. Overview
1.1 This privacy policy refers exclusively to this WEBSITE and describes the information that is collected by B&PARTNERS.CO and how it is used and protected. By visiting our WEBSITE, you indicate that you consent to the uses of personal data that are described herein. If you do not agree to any terms, please do not provide any personal information. If you choose not to provide personal information, please be advised that you may encounter some access restrictions, such as not being able to visit specific areas of the WEBSITE.
2. Personal Information collection
2.1 As defined in this Privacy Policy, personal information is information that can identify the people to whom it belongs, such as name, address, telephone number, or email address, and which is not publicly available.
2.2 The WEBSITE will provide a form to be filled in for possible contact, however, filling is not mandatory, and the contact can be made without the need to register personal data.
2.3 The USER may, in the form available on the WEBSITE, fill in the data and choose to accept the sending of emails from B&PARTNERS.CO, as already described in these terms.
2.4 B&PARTNERS.CO will only collect any personal information from visitors to this WEBSITE if it is provided voluntarily. So when you give us personal information, you are authorizing us to use it in accordance with the terms of this Privacy Policy.
3. How we use your information
3.1 When you provide personal information on this WEBSITE, it will be used for the specific purpose for which it was collected (to clarify a question or to contact you, or even to access offers, for example). They can also be used so that we can send you information about our products and/or services that we believe may be of interest to you through Newsletters, which you can opt out of at any time, through the link provided in the communication for that purpose.
3.2 We WILL NOT share or pass it on to other companies. At any time, however, you can ask for the deletion of this data in the future through a request to be sent to the email contato@bpartners.ag
3.3 Please also note that we will release your personal information if required by law, search warrant, subpoena or court order to exercise our legal rights or defend against legal claims.
4. Other information we may collect
4.1 B&PARTNERS.CO will NOT use “cookies” – blocks of information that are stored by your browser on your computer’s hard drive – to collect other information during your visit to our WEBSITE.
4.2 Some of the pages you visit may also collect information through “Internet tags” (also known as single-pixel gifs and clear gifs). They indicate, for example, how many times a page is opened and what information is consulted. This information may be used by B&PARTNERS.CO and the WEBSITE development. The information collected by “Internet tags” is not personally identifiable, although it may be linked to your personal information.
4.3. We take reasonable precautions to keep your personal information secure. All personally identifiable information is subject to security measures to prevent unauthorized access, use or disclosure.
4.4 The WEBSITE has SSL (Secure Socket Layer) certification technology, ensuring that all USER personal data is never disclosed. In addition, this technology aims to prevent information from being transmitted or accessed by third parties.
5. Changes to our Privacy Policy
5.1 B&PARTNERS.CO reserves the right to change or remove this privacy policy at its discretion. We recommend that you visit this area periodically to stay informed of any changes, which will be posted here.