Last update: August 2020
I – INTRODUCTION
- Hello, thank you very much for coming to IMMUNITY! Welcome! This digital platform will enable you, the user (“You” or “User”), to access, through the site, tools and functionalities (“Platform”), the services and content (“Services”) described below.
- However, before making use of the Services, You must understand the information that needs to be shared with the Platform and the rules for the comfortable and healthy use of the Platform, summarized in these General Terms and Conditions of Use of the “IMMUNITY” Site (“Terms”). Please take a moment to read it carefully, as it governs the use of our Platform so that You can enjoy our services and content.
- It is important to emphasize that the IMMUNITY Platform (IMMUNITY SOLUÇÕES EM SAÚDE LTD.), registered with the CNPJ No. 29.426.682/0001-80, located at Avenida Nova Cantareira, 1389, cj. 22 – CEP 02331-02, provides this Platform for You to have ease and convenience to search and use the Services and Content, provided that You agree with these Terms.
- By clicking on the “I have read and accept the Terms” button, You agree and show Your free, conscious, expressed and informed will to comply with what is governed by these Terms, regardless of Your registration on the Platform. If you do not agree with these terms, please leave the Site and refrain from using the Services that are offered, since the use of the Platform by the User shall be understood as an express, irrevocable, irreversible and full declaration of being aware and having full knowledge of the content of these Terms.
II – DEFINITIONS
Capitalized terms in the singular and plural forms shall have the meanings set forth below. Unless otherwise specified, terms and phrases used in the singular may be used in the plural, and vice-versa, with the corresponding modification of meaning:
Content: means the content made available for public access or by login to the Site, made available by IMMUNITY or Users, and containing information, data, pictures advertisements, etc., whether relevant or not.
Data: information made available consciously, freely and voluntarily by Users to the Platform, such as registration, financial and product and/or service information, as well as automatically generated information, such as IP with date and time, browser, characteristics of the access device and information on clicks and also through the use of standard technology, such as cookies.
Discounts: benefits that consist in the reduction of values that compose the remuneration and it is conditioned to the offer thereof by the Partner to the Users.
Experiences: services/products mediated by IMMUNITY and made available through the Platform; such services/products are provided by partners and may be acquired directly by consumers and companies, or made available to third parties through the choice of a personalized gift or digital voucher.
IMMUNITY: trade name of the above-mentioned company and of the digital platform where the services and content offered by IMMUNITY are made available, through the Site.
Platform: the digital platform used to make available the services and content offered by IMMUNITY.
Partner: a company or natural person that makes services or products available through the Platform, for a fee, and directly assumes the obligation to promote such experiences.
Remuneration: price or values paid to IMMUNITY or third parties indicated by it, in exchange for the Services provided by the Platform.
Site: domain by which the access is made available on the world wide web, through the address “www.immunityinitiative.com.br”.
Services: IMMUNITY is designed to offer original experiences and creative gifts to consumers and companies. IMMUNITY’s performance focuses on social, environmental and economic impact through our experiences, accessible through the use of websites, content and also Services, available on the Platform.
User: any and all persons accessing or using the IMMUNITY Platform, regardless of registration, including, without limitation, consumers, companies and Partners. Unless expressly stated otherwise, the terms “You”, “your” or “their” refer to the User.
III – REGISTRATION, ACCESS AND USE OF SERVICES AND CONTENT OF IMMUNITY
- IMMUNITY offers the possibility for the User to sign up, and in this case such User may have access to information, resources, exclusive features, content and services, and the User assumes civil, tax, consumer and criminal liability for the information, data provided and contractual relations entered into. For this reason and to facilitate User access, registration is free and subject to analysis.
- You may create an account directly on the third party email marketing platform, through IMMUNITY’s Site.
- To finish the registration of your account, a confirmation message will be sent to the registered email account. After this confirmation, the email will be registered in IMMUNITY’s contact list.
- The registration of Users is an integral part of these Terms, and they are used to identify the Users, for all legal purposes.
- The Users shall be civilly and criminally liable for the veracity of the Data provided to IMMUNITY, as well as they undertake to update their data whenever there is any change, and IMMUNITY is not liable, under any circumstances, for the verification of the identity, authenticity or accuracy of any information provided by the Users.
- IMMUNITY may refuse any registration request and cancel a previously accepted registration, at its sole discretion and without prior notice, and shall not be liable for any damages or compensation for the cancellation of any registration or the impossibility of registration.
- At no time will Users be permitted to assign, sell, rent or transfer in any way their registration, including, but not limited to, qualifications, search history, transactions and reputation.
- The User must also:
- in the case of natural persons, be over the age of 18 (eighteen) and in full exercise of their mental and civil capacities. In the case of minors under the age of eighteen (18) and other persons who require representation or assistance, according to the law, they must be duly represented or assisted, as the case may be, by their parents or legal guardians, who shall fill out the registration form in the capacity of representation or assistance to the User, being fully responsible for the User, their actions and any information provided;
- agree that they have read, are aware of, and are in full agreement with all the terms and conditions contained in this Term, which will be sent along with the confirmation message at the time of registration; and
- acknowledge the validity of their manifestation of will.
1.3.10.The User agrees that they are aware that they may receive messages through a variety of communication channels, such as text messages, WhatsApp messages, push notifications, emails and phone calls, among other possible channels, and therefore IMMUNITY, in order to send information directly related to the interests of Users, is free to use such communication channels.
1.3.11. The Users declare, guarantee and agree that they may not:
- Modify, translate or otherwise create derivative works from any part of the Platform or Services;
- Remove any copyright, trademark or other proprietary right notice from any part of the Services provided by the Platform;
- Decrypt, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms from any part of any Services, except as applicable laws that specifically prohibit such restriction;
- Copy, rent, lease, distribute, or otherwise transfer any of the rights you receive as a result of registering and consenting to these Terms;
- Interfere or attempt to interfere in any way with the proper working of the Platform and Services, access to other Users or use of the Platform or Services;
- Otherwise take any action in violation of IMMUNITY’s guidelines and policies;
- Reproduce any element of the site or application, including the environment of the site’s frame or border, or other construction technique to include part of the site on a third party site;
- Use automated data collection and selection applications to perform mass operations or for any purpose, or to collect and transfer any data that may be extracted from the Platform for any unauthorized or unlawful purpose;
- Use the tools and functionalities of the Platform to disseminate messages that are not related to the Platform or its purposes, including messages of a racist, ethnic, political, religious, cultural nature or those that are derogatory, defamatory and/or libelous to any person or social group;
- Use the Platform to publish or transmit false, fraudulent, misleading and/or illicit information;
- The Users declare, guarantee and agree that they will not interfere in any way with the Services in such a way as to infringe, violate or otherwise interfere with any copyright, trademark or any intellectual property right of others, or the privacy or publicity rights of others, disclose any trade secret or confidential information, unless they own such trade secret or have permission from the owner to post or share it;
- Disseminate any content that is considered defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive, or otherwise violates any law or the rights of any third party;
- Copy, reproduce, upload, display, publish, distribute or transmit the content in any way;
- Phishing in any way;
- Create or launch any programs or scripts for the purpose of scraping and indexing, searching or otherwise obtaining data from any part of the Services, or to improperly overburden or impair the operation and/or functionality of any aspect of the Platform Services;
- Disseminate viruses, malicious files, trojan horses, worms, time bombs or other computer programming routines that are intended to damage, harmfully interfere with, intercept or expropriate any systems, data or information, or;
- (xviii) Fail to cease the violation after being notified that you are violating any of the above items.
1.18.12.The User agrees to indemnify, defend and exempt IMMUNITY from and against any claims, notices, subpoenas or court or out-of-court actions, or any liability, damage, cost or expense arising out of any breach and/or violation committed by the User or anyone acting on their behalf, with their consent or tolerance, with respect to the Site and Application (including with respect to any provision of these Terms), including any person who has obtained the User’s data related to their Access Account or their browsing on the Platform. IMMUNITY may, at its sole discretion, block, restrict, disable or prevent the access of any User to the Platform, in whole or in part, without any prior notice, whenever inadequate conduct by the User is detected, without prejudice to the administrative, out-of-court and court measures it deems appropriate.
IV – ADVERTISEMENT AND DISSEMINATION OF CONTENT
1.18.1. The Advertisements that are published must be made with the full knowledge and declaration, by the Users who authorize IMMUNITY or do so directly, upon approval of IMMUNITY, that the advertised Experiences are the sole responsibility of the Partner and that the advertiser enjoys all civil capacity and have all rights related to possession, ownership, usufruct, absence of liens, physical integrity, regularity before official organs of inspection and/or technical knowledge sufficient and useful to provide the Experiences, therefore, rendering transactions safe and unscathed, in addition to ensuring that the advertiser or Partner has all rights over the content of the advertisement, including, but not limited to all rights necessary for you to use, disseminate and grant IMMUNITY license of such Content as defined in the item dealing with Intellectual Property, Copyright and Content, below.
1.18.2. Users are entirely liable for the content of their advertisements, including, but not limited to, pricing and conditions, and may be legally liable for their acts or omissions. IMMUNITY does not exercise any influence nor assumes any liability over such prices and conditions, except for items expressly mentioned in these Terms or in complementary documents which may be necessary for the establishment of legal relations between IMMUNITY and the Users.
1.18.3. Users undertake not to post advertisements or content from other companies not authorized by IMMUNITY on the Platform or advertisements and content produced by IMMUNITY on other similar platforms, unless expressly authorized.
1.18.4. By posting an Experience on IMMUNITY’s Site, the User declares to be fully aware of, understand, and agree to the terms set forth in the Service Agreement to be entered into with the Partners or companies, and guarantees that it will honor such terms if their Experience is eventually purchased by consumers, companies, and other Partners through IMMUNITY, regardless of having signed a physical copy of such documents.
1.18.5.When creating an Ad, the User will be informed about how, when and by whom each piece of information will be used. If you proceed with the creation, publication and promotion of the advertisement the User understands, authorizes and assumes full responsibility for the disclosure of such information.
1.18.6 IMMUNITY may limit the use of pictures generated through the services and tools available on the Platform or ads published on its Site, and may remove any graphic material without the prior consent of the advertiser.
V – CONTRACTUAL RELATIONS
1.18.1 IMMUNITY makes available tools and functionalities intending to facilitate, digitally, the formalization of contractual relations, and it is certain that the following documents will be signed on the Platform:
- “Experience Service Rendering Agreement”, signed between Partner and Users, signed by their respective holders and legal representatives, respecting, also the plurality of them, and all must assume their respective obligations, so defined by the mutual will of the Parties, applying, in any case, for both parties, and in order to exempt IMMUNITY from liability, the provisions of the Consumer Defense Code (Law No. 8.078/1990), which will apply only in the relationship established between Partner and Users;
- “Marketplace Products and Services Commercialization Agreement”, signed between IMMUNITY’s legal representative and the Partners or their legal representative, where the obligations and counterparts will be signed, highlighting the amount of remuneration charged by IMMUNITY, other Discounts and advantages that IMMUNITY may offer to Users, refunds, as well as other financial agreements and obligations signed between IMMUNITY and Partner.
1.2.2 Users who make use of the Experience Services are obligated to pay remuneration to IMMUNITY, which will pass on the value of the services provided by the Partner.
1.2.3 For all Services provided by Partners, the respective NFS-e will be issued by the Service Provider Partner.
1.2.4 For all Services provided by IMMUNITY, an electronic invoice will be issued.
1.2.5.The amounts that IMMUNITY receives under a commitment to pass on to other modalities of Users or third parties will under no circumstances be viewed as revenue of IMMUNITY, especially for tax purposes, de facto or de jure.
1.2.6 The User understands that the delay in making any payments related to these Terms and other contractual relations derived from the services and content of the Platform may result in the collection of interest and fines, according to the amounts set forth in the contract.
VI – OTHER OBLIGATIONS, LIABILITIES AND EXEMPTIONS OF THE PARTIES
1.2.1 Users and Partners declare to be aware, understand and agree that it is solely and fully responsible for the compliance with any and all laws, rules, regulations, and legal and tax obligations that may apply to their use of the Site, Services and Content, including, but not limited to, Federal Law No. Law No. 8.078/1990 and Law No. 10.406/2002 (Civil Code).
1.2.2 Users and Partners hereby acknowledge that IMMUNITY shall not be liable for any conduct of its Users and/or Partners. Thus, Users and Partners are obligated, in the case that IMMUNITY, its administrators, partners or employees are subject to a court or out-of-court action for the practice of any illicit and/or illegal act through the use of the Platform, to exempt IMMUNITY, its administrators, partners or employees from any liability, to request their removal from the process, if necessary, and to indemnify them for any and all expenses, costs and/or losses which may arise, including, but not limited to, damages, court costs and/or attorneys’ fees. To this end, IMMUNITY may use registration data as well as any other technical data that allows the User to be identified.
1.2.3 IMMUNITY adopts security levels within the legal requirements for the protection of Users’ data. However, Users and Partners should be aware that, due to the inherent nature and technical characteristics of the Internet, IMMUNITY cannot guarantee privacy and security in the use of the Platform and its services with respect to Users, Partners and third parties, and there is always the risk that unauthorized third parties may somehow obtain information about the Data of Users and Partners on the Platform.
1.2.4 IMMUNITY is not liable for any damages of any kind that may arise from the access, interception, deletion, alteration, modification or manipulation by unauthorized third parties of the data provided by Users and Partners, except in cases of proven omission, incompetence and/or negligence by IMMUNITY.
1.2.5.In addition to the other exemptions from liability stated in these Terms, Users and Partners declare themselves aware that IMMUNITY shall not be liable:
(i) for guaranteeing the effectiveness of any hiring, or the quality of any Experience service. Therefore, IMMUNITY is not liable for any damages or compensation arising out of failure to fulfill any obligation by any Users and Partners;
(ii) for tax obligations arising from the activities of Users in connection with the use of the Platform. The Partner is solely and fully responsible for determining any and all taxes and duties applicable to its activities related to the use of the Platform or Services of IMMUNITY;
(iii) for the conduct of Users and Partners or third parties contacted or contracted through the Platform;
(iv) for the security conditions and the absence of any liens on the tangible and intangible assets related to the Experience Services, as well as for the hygiene, sanitary and health and safety conditions thereof, remaining free from any de facto liability of the products or services, as well as for the vices of the products or services
(v) for any unavailability, errors or failures presented by the Platform, as well as for any possible fraud of the usefulness that the User may attribute to the Platform, for the fallibility thereof, or for any difficulty in accessing it;
(vi) for errors or eventual inconsistencies in data transmission, the quality or availability of the Internet connection, which prevent the proper receiving of information by IMMUNITY or the User;
(vii) for outdated, incomplete or untrue data eventually made available and updated by third parties, such as financial institutions, sites used for advertisements and other commercial partners; and
(viii) for damages of any nature arising from unauthorized third parties having knowledge of any data provided by the Platform, as a result of a fault exclusively related to the User or to third parties beyond IMMUNITY’s reasonable control.
VII – INTELLECTUAL PROPERTY, COPYRIGHT AND CONTENT
1.2.1. Users and Partners grant IMMUNITY a perpetual, worldwide, irrevocable and unrestricted, non-exclusive, royalty-free license, without any compensation, to, in whole or in part, use, copy, license, sublicense (at various levels), adapt, distribute, publish, display, publicly perform, reproduce, transmit, modify, edit, and in any other way exploit any content provided or published on the site, such as comments, ratings, and photos of Experiences performed, for example, other than content that has been submitted to IMMUNITY and edited by the IMMUNITY team prior to publication.
1.2.2 The Platform and all content on IMMUNITY are protected by copyright as a collective and/or compiled work, in accordance with national and international copyright laws, as well as international conventions to which Brazil is a signatory.
1.2.3 You agree to comply with any and all copyright notices, information or restrictions contained in or relating to any content as provided in these terms.
1.2.4.Partners who advertise or post content authorize IMMUNITY to use the content posted on the Platform in this regard by means of any technology and in any media (including, but not limited to, email, marketing email, blogs, videos, banners, magazines, newspapers, electronic media, events and promotions), for IMMUNITY’s use and benefit from such content, whether in whole or in part, in any modality, including for commercial purposes (releases, marketing actions, social media, among others).
1.2.5 Users agree to comply with any and all copyright notices, information or restrictions contained in or relating to any content as provided in these Terms.
1.2.6. Users who deal with photographic content, graphic signs and similar, declare and acknowledge that all material produced by IMMUNITY will remain the property of IMMUNITY.
1.2.7.The brands, logos, service marks, signs and commercial names that appear on the Platform are the exclusive property of IMMUNITY or of third parties who have authorized their use on the Platform.
1.2.8.Users shall comply with all copyright notices, information and restrictions included in any content accessed through our services.
1.2.9.Users and Partners are solely responsible for all content they make available on, or through, the Platform and, therefore, they state and guarantee that:
- You are the sole and exclusive owner of all content you make available to IMMUNITY or on the Platform, or have all rights, licenses, authorizations and releases necessary to grant IMMUNITY the rights to such content as contemplated herein, and
- Your content, publication, upload, submission or transmission or use of content, on the Platform will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or will result in the violation of any applicable law or regulation.
1.2.10.The Platform has copyright and intellectual property rights protection according to international laws and conventions on intellectual property and copyright, and is able to promote by any means the protection and defense of the exclusive property of IMMUNITY or of third parties who have authorized its use on the Platform, and violators will be subject to the corresponding civil and criminal penalties under the terms of Laws 9.279/96, 9.609/98, 9.610/98.
VIII – CONNECTION WITH OTHER SITES AND PLATFORMS
1.2.1 The Platform contains or may contain links to other Internet sites. IMMUNITY does not support the content of these other Internet sites.
1.2.2. IMMUNITY is not liable for the content of third party websites and makes no statements regarding the content or its accuracy on these third party websites. If the User decides to access these websites, we recommend that they are aware of their Terms and Privacy Policies, which should not be confused with those of this Site.
IX – TERMINATION
1.2.1 The Platform is made available to the User for an indefinite period. However, IMMUNITY may, at any time, discontinue the Platform, without prior notice to the User and without being owed any compensation.
- You may terminate your Account on the Platform, provided that you have no outstanding obligations to IMMUNITY or other Users.
- In the event of termination: i) IMMUNITY shall timely pay any amounts due to the User; ii) the User shall timely pay any amounts due to IMMUNITY and shall remain liable for all amounts due to IMMUNITY or any third party; iii) IMMUNITY shall not assume any liability for amounts due from (or to) any third party.
X – GENERAL
- If any provision of these Terms is held to be unenforceable or invalid, void or ineffective, that provision will be limited, or eliminated, to the minimum extent necessary so that these Terms otherwise remain in full force and effect and enforceable.
- These Terms shall be governed and interpreted in accordance with the laws of the Federative Republic of Brazil, observing especially the civil and consumer relations derived from the Services and content of the Platform, in addition to the assumed good faith between the parties, free enterprise and free exercise of economic activities derived from the relations between Users and Partners and/or between Users and the Platform, based on the assumptions that all Terms read, understood and accepted herein, were given in full exercise of economic freedom and freedom of contract, excluding any benefit of interpretation between the Platform and Users.
- Any notice to the site shall be in writing and shall be deemed effective upon receiving it when sent via email with return receipt to email@example.com.
XI – RECOMMENDATIONS
- The Platform recommends that all Users:
- Take the necessary precautions for the verification of all the documentation and/or characteristics of any services, products and content offered before concluding any transaction, agreeing that when negotiating with the Users of the Platform, making use of the services and content offered they do so at their own risk;
- Whenever possible, research and seek the widest knowledge as to the services, products and content of the Platform, verifying personally or through someone you trust any good or service to be acquired;
- Be careful with your individual identification data whenever you access the Internet, informing them only in operations in which there is data protection;
- Provide true information and ownership, because the Users are the only and exclusive responsible for such accuracy;
- Be responsible for any type of information or statement originated with your User name and password;
- Keep your User ID (login and password) confidential;
- Disconnect from your IMMUNITY account as soon as you stop accessing the Platform, especially if you share the use of hardware with other people;
- Take any other necessary measures to protect yourself from harm, including fraud or online fraud.
XII – MODIFICATIONS
1.9.1 IMMUNITY has the right, at its discretion, to modify these Terms or the content of the Platform at any time, provided that the modified provisions are effective from the next date of publication on the Platform, and IMMUNITY will post a notice on the site and application, or send you a notification by email or through the services provided. You will be responsible for reviewing and accepting such modifications. To continue using the services, you will need to express consent to the changes. If Users, in any of the possible positions, do not agree with any part of the then in force Terms, their use of the Services will immediately terminate, and they must immediately stop using the IMMUNITY Services.
XIII – CONFLICT RESOLUTION, LEGISLATION AND JURISDICTION COURT
- If any disputes, conflicts, issues or discrepancies of any nature relating to: (i) the existence and/or the exercise of any right arising from these Terms, Services and Content; and/or (ii) the existence and/or the occurrence of any damage; and/or (iii) the interpretation of the terms (hereinafter jointly referred to as a “Conflict”) arise in relation to these Terms, coming from any relations between Users or between Users and the Platform, the Parties shall use their best efforts to resolve the Conflict amicably. To this end, any Party may notify the other of its intention to initiate the procedure described in this Clause, by which the Parties shall meet to attempt to resolve such Conflict through amicable discussions, of good faith and negotiations held directly between the parties (“Conflict Notification”).
- Except as otherwise provided in this Term, in case the Parties fail to reach a resolution in accordance with the provisions above, within thirty (30) days, counted from the receipt of the Notice of Conflict by any of the Parties, the Conflict will be legally resolved under the laws of the Federative Republic of Brazil, being elected the Jurisdiction Court of the District of São Paulo, State of São Paulo, with express waiver of any other, however privileged it may be.