GENERAL TERMS AND CONDITIONS OF USE AND PURCHASE AND SALE OF THE “Owlisten” APP
GENERAL TERMS AND CONDITIONS OF USE AND PURCHASE AND SALE OF THE “Owlisten” APPThese terms and conditions (from now on referred to only as “Terms”) apply to your use of Our Application, “Owlisten”.Our Application is maintained by the legal entity WGBR Tecnologia e Consultoria EIRELI (“Owlisten”), duly registered under CNPJ n. 15536888/0001-59, e-mail: contato@owlisten.com, headquartered at:Alameda Pau Brasil, 721 – Itatiba/SP – Zip Code: 13255-888 - BrazilThese Terms apply to everyone who uses Our Application. Compliance with the rules set forth herein is mandatory.Those who do not understand or do not accept the rules set out in these Terms must stop using Our Application immediately.1. DEFINITIONS“We”, “Our” or “Ours” means WGBR Tecnologia e Consultoria EIRELI (“Owlisten”), a legal entity that maintains and is responsible for the Application.“App” is the “Owlisten” app, including all of its pages and resources.“Consumer Defense Code” or “CDC” is Federal Law n. 8078, of September 11, 1990.“Parties” refers to both the User and Us, without distinction.“Services” refers to the following services provided directly by Us through Our Application:Access to use the platform to practice immediate and daily feedback.“Our Content” refers to any and all information or data published or made available directly by Us on the Application, including, but not limited to, text, images, videos and audio.“User” is a person who browses or otherwise uses Our Application.2. AGE RESTRICTIONSThe Application must only be used by people over 18 years of age.3. AGE RESTRICTIONS FOR REGISTRATIONOnly people over 18 years old will be able to register in Our Application.4. MAINTENANCE, AMENDMENT AND DELETION OF REGISTRATIONEach User may maintain only one account with the Application. Duplicate accounts, when identified, will be automatically deactivated by Us, without prejudice to other applicable penalties.For the registration to be completed, the User must provide the required data in full. All information provided by the User must be accurate, true and up-to-date. In any case, the User may respond, in civil and criminal terms, for the veracity, accuracy and authenticity of the data provided.The User must provide a valid email address through which all contacts will be made. All communications sent to that address will be considered read by the user, who undertakes, therefore, to regularly consult the messages received and to respond to them, if necessary, within a reasonable period of time.After confirming their registration, the user will have a personal login and password, which they must use to access their account on the Application. These data should not be communicated by the User to third parties, and the use made of them is entirely their responsibility. You must notify Us immediately if you suspect any suspicious or unexpected activity has taken place on your account.It will not be allowed to assign, sell, rent or transfer, in any way, a User account, which is personal and non-transferable.Whenever your registration data are out of date, the User must correct them using the tools we provide for this to be done.The User who does not comply with any of the rules contained in this instrument will have their account suspended and will be notified to justify themselves. If the justification is not presented within the indicated period or if the justification is not accepted, your registration will be deleted, and you will not be able to register again in the Application.The user may, at any time and without justification, request the cancellation of his registration with the Application. Your unsubscribe will be carried out as soon as possible, as long as no outstanding debts are verified.Whether in the event of a request to cancel a registration, or in case of deletion due to non-compliance with the rules set forth herein, the User's personal data will be treated in accordance with our Privacy Policy, and it is possible that all or some data will be kept even after deletion account, irrespective of the consent of the holder of the personal data.5. NAVIGATIONWe undertake to use all technical solutions at our disposal so that the Application can be accessed 24 (twenty four) hours a day, every day. However, We may, at any time, interrupt, limit or suspend access to the Application or to some of its pages or resources, in order to carry out updates, modifications, corrections or any other action we deem necessary to ensure its proper functioning.6. APPLICATION MANAGEMENTFor good management, We can, at any time:a) suspend discontinue or limit access to all or part of the Application to a specific category or to all Users;b) remove all information that may disrupt the functioning of the Application or that is in conflict with Brazilian or international law;c) suspend the Application in order to carry out updates and modifications.7. OUR RESPONSIBILITIESAlthough we do everything in Our power to keep Our Application fully and correctly, We will be responsible for any defects or defects that may be found in the computer program that makes up Our Application and that have been caused by Us, provided that there is proven damage .Defects or problems arising within or as a result of the systems or equipment used by the User to access and use Our Application will not be Our responsibility.We are not responsible for the uses that Users make of Our Application, and they are responsible for personally and exclusively for their own actions.We will not be liable for any damages arising from acts of God, force majeure or those arising from the actions of third parties.We are responsible for Our Services marketed under the Application and undertake to provide them in accordance with the conditions established during the contract. We are not responsible, however, in situations beyond our control, such as in situations where the contracting User gives us false or incorrect information or where there is an act of God or force majeure that harms or prevents us from fulfilling our commitments in time and manner .8. USE OF THE APPLICATIONThe User must use the Application's functionalities for purposes that do not contravene the law, morals or good customs. Specifically, it should limit itself to using them in accordance with the purposes for which they were created.The User may not use crawlers, robots or any computer programs, algorithms, equipment or automated methodologies to access, copy, read, monitor, browse, fill in forms or publish content on the Application.The User may not use any automated or manual means or tools to access any content or information that has not been intentionally made available by Us, including the information contained in sections of Our Application and those that are stored or that travel within the scope of the infrastructure of Information Technology used by Us, which includes equipment, networks and servers.The User may not violate or test the vulnerabilities of the Application's security mechanisms or the Information Technology infrastructure used by Us.The User may not use any of the content or information made available on Our Application for the purpose of identifying other Users or other people, unless the content or information is lawfully disclosed for this purpose.The User may not overload the Information Technology infrastructure that maintains the Application with an excessive or unreasonable number of requests.The User cannot hide his identity or the origin of his connection, nor can he impersonate another person. In this sense, in addition to other possible conduct, the User may not use any tools or mechanisms to manipulate or mask the origin of any message sent to Us or to Our Information Technology infrastructure through Our Application or any of its functionalities .The registered User will be responsible for the use made of their user accounts, and must ensure that their access credentials (login and password) are not shared with third parties.The User is responsible for ensuring the security of the electronic equipment and systems used to access the Application.9. EXTERNAL LINKSOur Application may contain external links that redirect the User to other internet pages over which We have no control.Despite the prior and regular checks that we carry out, We disclaim any responsibility for the content found on the pages and applications that can be accessed from these links.10. INTELLECTUAL PROPERTY RIGHTS REGARDING COMPUTER PROGRAMS AND OUR CONTENTThe computer programs that make up the Application and Our Content made available on the Application are Our property, unless we expressly state otherwise.Our computer programs and Our Content that are protected by copyright may not be, in whole or in part, copied, reproduced, represented, adapted or in any way altered, by any means and for any purpose, without Our prior, express and in writing. In the event of violations of Our intellectual property rights, We reserve the right to take all appropriate judicial and extrajudicial measures.Access to the Application does not give the User any intellectual property rights relating to elements of the Application.11. SERVICESThrough the Application, We provide the Customer with a catalog or an online store accurately depicting the Services sold. The Services are described and presented with the highest degree of precision possible, accompanied by correct, clear, accurate, ostensible information in Portuguese about their characteristics, among other data, as well as any risks they pose to the User's health and safety to acquire them.Prices and fees for the sale of the Services are specified in the catalog or online store.Before finalizing the purchase of a certain Service, the User must be informed about its specifications and its destination. In the case of a Service acquired within the scope of offers, the User must also observe its application conditions.Offers will be made available on the Application at Our convenience.12. PRICES OF SERVICESSeller reserves the right to modify the prices of the Services at any time by posting them on the Application.The rates in effect at the time of order will be applied, subject to availability of Services on that date.Prices will be indicated in reais and will not include delivery charges, which will be specified separately and will be informed before placing the order.The total amount of the order, including all fees, will be indicated prior to final order validation.13. PAYMENTThe payment of the order must be made in cash or in installments, through the following means:Credit card14. PROVISION OF SERVICESThe Services will be provided by Us in accordance with the specifications, conditions and other information available on Our Application.15. THE RIGHT OF REPENTANCEWithin 7 (seven) days from the date of contracting the service, the customer may withdraw from the purchase and request the refund of the amounts paid, without the need to present any justifications.In this case, he must return the purchased product or service to the seller, under the same conditions in which he received it.16. EXCHANGES AND RETURNSThe Application exchanges and returns policy will be governed by the Consumer Defense Code (Federal Law n. 8.078, of September 11, 1990).Aside from the customer's repentance, the exchange or return of purchased products or services will only be carried out upon verification of defects in quality or quantity that make them inappropriate or inadequate for the consumption for which they are intended or that reduce their value. Products or services that present a disparity with the indications on the container, packaging, labeling or advertising message may also be exchanged or returned, subject to variations resulting from their nature.The User must contact us, through Our customer service, as soon as the user finds an addiction to the purchased product or service. If, within a maximum period of 30 (thirty) days, it is not possible to resolve the defect or, regardless of this period, the replacement of the defective parts could compromise the quality or characteristics of the product or service, reduce its value or if it is a product or essential service, the User may choose to replace the product with another of the same kind or to re-execute the service, refund the amount paid or proportionally discount the price.17. PERSONAL DATA PROTECTIONWe handle Users' personal data in accordance with Federal Law n. 13.709/2018 (General Law for the Protection of Personal Data) and other related rules that apply to Us. More information on this matter can be found in our Privacy Policy, which can be accessed from the link: http://owlisten.com/politica-de-privacidade/.In that Policy, we identify the personal data we process and provide information on how, for what reason and on what legal basis we do it, as well as how Users can exercise their rights related to the protection of their personal data and how may contact our Personal Data Protection Officer.Requests for alteration, rectification or deletion of personal data must be directed to Us in accordance with the provisions of that Policy.18. USER SERVICEIn case of doubts, suggestions or problems with the use of the Application, the User may contact Our customer service directly, through the e-mail address: contato@owlisten.com or by telephone: +55 (11) 98369-2989. These User support services will be available on the following days and times:Monday to Friday from 9:00 am to 5:00 pmThe User may also choose to send correspondence to the address of the Application's headquarters, informed at the beginning of this document.19. SANCTIONSWithout prejudice to other applicable legal measures, We may, at any time, warn, suspend or cancel the User's account:a) that fails to comply with any of the provisions contained in this instrument;b) who fails to comply with their User duties;c) who perform fraudulent, illegal or immoral acts;d) who provide any incorrect information;e) whose behavior constitutes or may cause offense or damage to a third party or to the Application itself.20. CHANGESThe present version of the General Terms and Conditions of Use was last updated on: 05/13/2021.We reserve the right to modify, at any time and without prior notice, the application and services, as well as these rules, especially to adapt them to the evolution of the Application, whether by making new features available, whether by deleting or modification of those already existing.Therefore, we invite the User to periodically consult this page to check for updates.21. APPLICABLE LAW AND JURISDICTIONFor the settlement of disputes arising from this instrument, Brazilian law will be fully applied.Any disputes must be filed in the court in which the application publisher's headquarters are located.