General Terms and Conditions of Use
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- General Terms and Conditions of Use
This instrument contains the general terms and conditions of use for the websites “https://jarfel.com.br, www.sahara.com.br, and www.grupoaguilar.com.br” (collectively referred to as the “Websites,” or individually and indistinctly as the “Website”), as well as the services offered through these Websites (the “Services”), within the scope of the JARFEL//SAHARA Platform (the “Platform”). These Terms of Use include our Privacy Policy, which outlines the rules and conditions regarding how we use your personal data.
- The Website Services
1.1. The Websites are operated by JARFEL MONTAGEM DE MÁQUINAS E EQUIPAMENTOS INDUSTRIAIS LTDA. and Sahara Tecnologia Máquinas e Equipamentos Ltda. (“We,” “Us,” or “Our”). “You,” “Your,” “User,” or “Client” refer to the party using the Websites and/or the Services. Through the Website, JARFEL//SAHARA provides you with access to data and information related to the Platform.
- Use of the Website and Acceptance of the Terms of Use
1. Your use of the Services and the Websites is governed by these General Terms and Conditions of Use (“General Terms”), which You must read carefully before using the Websites and Services.
2.2. By registering, accessing, or using the Websites in any way, including browsing, viewing, downloading, generating, receiving, or transmitting any data, information, or messages to or from the Websites, You expressly agree, on Your own behalf and on behalf of Your company or employer, to these General Terms, as periodically updated, whether or not You are a registered user of the Services. Accordingly, You agree to comply with all provisions contained herein, as well as with the provisions of any legal notices that govern the use of the Websites and Services.
2.3. These General Terms constitute a binding contract between JARFEL//SAHARA and You. If You do not agree to these General Terms, do not use the Websites or the Services.
2.4. JARFEL//SAHARA may update or modify these General Terms at any time. After the updated Terms of Use are published on the Websites, Your continued use of the Services or the Websites constitutes Your express agreement to the revised Terms of Use.
- Access to the Website and Services
3.1. In order to access the Website and use the Services, you must maintain and operate the necessary software and hardware. You are solely and exclusively responsible for acquiring, installing, and maintaining any and all software and hardware required to access the Website and use the Services. We are not responsible for any technical difficulties you may encounter as a result of using such software and hardware.
- Registration Process
1. JARFEL//SAHARA may require you to register to use free or paid Services and/or may require you to register before using any free or paid part of the Service.
4.2. By registering, You agree to provide true, accurate, up-to-date, and complete information (the “Registration Data”) as requested in the registration form made available to You through the Websites, under penalty of liability in accordance with applicable law.
4.3. We may rely on your Registration Data to assess your business situation, to provide information about Our Services (in accordance with Our Privacy Policy), or alternatively, to identify and/or contact You. If Your Registration Data is not true and accurate, or is outdated or incomplete, JARFEL//SAHARA may terminate the Service or close Your account and all current or future uses of the Services (or any part thereof).
4.4. You will receive a password and account designation upon completing the registration process, and such data is personal and non-transferable (the “Access Data”). You are solely responsible for maintaining the confidentiality of this information, as well as for all activities that occur through the use of Your Access Data.
4.5. Furthermore, You agree to:
(i) immediately notify JARFEL//SAHARA of any unauthorized use of Your Access Data or any other security breach, including but not limited to loss, theft, or misplacement of Your Access Data;
and (ii) log out of Your account at the end of each usage session.
4.6. We shall not be liable for any loss or damage resulting from Your failure to comply with the provisions of this section.
- Changes to the Services or Websites
5.1. JARFEL//SAHARA reserves the right to modify, suspend, terminate, or discontinue any aspect of the Websites at any time, including the availability of any Services, information, features, or functionalities accessible through the Websites. We may also impose limitations on certain features, functionalities, or services or restrict Your access to parts or all of the Websites and/or Services without prior notice and without any liability for any damages You may suffer as a result.
5.2. Any improvements or additions to the Websites or Services shall be subject to these Terms of Use unless We expressly state otherwise. We may introduce new specific sets of terms and conditions for particular Services, as appropriate, or amend existing specific terms and conditions.
5.3. JARFEL//SAHARA reserves the right, at any time and for any reason, to control and/or change the appearance, development, and/or operations of the Website at Our sole discretion, as well as to establish and modify the procedures for Your contacting Us, without the need for prior notice.
- Links to Other Websites
6.1. The content of any websites You access from Our Websites is completely outside Our control, and Your access to and presence on such sites is at Your own risk. The inclusion of these links on the Websites does not imply Our endorsement or approval of any products, services, content, information, or materials offered by, or accessible to You on, third-party websites. We do not represent or guarantee any third-party websites that You may access through the Websites. We cannot accept any responsibility or assume any obligation regarding any material contained on any other website. Any opinions or recommendations expressed on such other websites are solely those of the independent providers and do not reflect or represent the opinions or recommendations of JARFEL//SAHARA.
6.2. All copyrights and trademarks accessible through the links on the Websites are the property of the respective owners of the websites or their licensors.
- Intellectual Property
7.1. The Websites, the Services, their structures and all functionalities contained therein, all information, data, texts, images, graphics, and all components used on the Websites (“Content”) are protected by copyright and other intellectual property rights. You acknowledge that JARFEL//SAHARA holds all rights, title, and interest related to the Content and that You will not acquire any rights to it through Your use of the Website.
7.2. We own all data resulting from Our operation of the Websites, and You shall not object to any use of such data by Us.
7.3. You may print a copy of individual pages from Our Websites for Your personal use only, provided that no copyright or ownership notices are removed. The information contained on the Websites and their Content must not otherwise be modified, reproduced (in whole or in part), distributed, transmitted to any other person or entity, incorporated into any document or other material, or linked to (electronically or otherwise) without the express written permission of JARFEL//SAHARA, except as expressly licensed under these General Terms of Use.
7.4. Licenses for the use of Our Websites are granted on a non-exclusive, non-transferable, non-sublicensable basis and may be revoked at any time concerning any Content provided to You for exclusive use in internal system processing. JARFEL//SAHARA grants no other license or authorization regarding its industrial and intellectual property rights or any other property or rights related to the Services and/or the Websites. JARFEL//SAHARA reserves all rights to its trademarks, copyrights, and other intellectual property rights available on Our Websites, and their use without Our express authorization is prohibited and may result in civil and criminal liability.
- Disclaimer of Warranties
8.1. Although We have made our best efforts to ensure that the Content of the Website is reliable, no warranty (express or implied) is made regarding its currency, accuracy, completeness, or impartiality, and therefore, You should independently verify any information contained herein if necessary.
8.2. We (i) assume no responsibility, of any kind or nature, for any Content on the Websites, the Services provided, or any information supplied by or through the Websites, and (ii) do not guarantee that the Website or any Services or Content will be uninterrupted or error-free, that defects will be corrected, or that the Websites, the server hosting them, or any connected systems are free of viruses or other harmful components.
8.3. You acknowledge that You use the Websites, their Content, and the Services at Your own risk, and that the Websites, their Content, or the Services may contain technical issues or other limitations for which We assume no responsibility and cannot be held liable for any damages arising from technical problems, limitations, bugs, or viruses in connection with Your access to or use of the Websites, their Content, or Services.
- Responsibilities
9.1. Except in cases of proven willful misconduct, JARFEL//SAHARA shall never be liable for (a) any loss or damage of any kind arising from any Content published on the Websites, these General Terms, the Services, or any other information, data, software, or service provided through the Websites; or (b) any losses resulting from orders or purchases of goods or services from third parties made through or based on information or Content provided on the Websites. Our total and cumulative liability to You, under no circumstances, will exceed R$ 1,000 (one thousand Brazilian Reais).
9.2. Under no circumstances shall JARFEL//SAHARA be liable for any indirect damages of any kind that may be directly or indirectly attributable to the use or inability to use the Websites, any content published on the Websites, or these General Terms, the Services, or any information, data, software, or service provided through the Websites, including videos, even if warned about the possibility of such damages or if such damages were foreseeable.
9.3. We shall not be liable to You for any delay or failure in performing the Services, or failure to access the Websites or any part of their Content, due to any cause beyond our reasonable control or that of Our service providers.
9.4. You are responsible for the content of Your messages or any other data, information, or materials distributed through the Websites. You are responsible for all obligations to third parties arising from Your use of the Websites, including contractual, tax, and regulatory liabilities. You agree to indemnify Us for any costs, expenses, or liabilities We incur, as well as any claims or legal actions brought against JARFEL//SAHARA as a result of Your use of the Services, the Websites, or any of their Content.
- Acceptable Use Policy
10.1. You agree not to:
• (i) use the Websites, any of their Content, or the Services for personal purposes or private reasons, but only for Your normal business activities, or those of Your company or employer;
• (ii) use the Websites, any of their Content, or the Services for any unlawful purpose;
• (iii) knowingly make available, through the Websites, or upload files, data, or any other materials that do not belong to or are not licensed to You;
• (iv) make available through the Websites, or upload files, data, or materials that You know contain viruses, bugs, corrupted data, or other harmful components;
• (v) interfere with the normal operation of the Websites;
• (vi) interfere with the use and access of others to the Websites, their Content, and Services; and
• (vii) publish, post, distribute, or disseminate defamatory, infringing, obscene, indecent, or illegal materials or information through Our Services or the Websites.
10.2. JARFEL//SAHARA reserves the right to immediately suspend or block Your access to the Websites or any Service and remove any information or data that We consider to be a violation of any of these General Terms, without prior notice and/or to disclose such information when requested by public authorities or by court order.
10.3. JARFEL//SAHARA works and will make its best efforts to keep the Websites and Services operational; however, all online services are subject to occasional interruptions and outages. JARFEL//SAHARA shall not be responsible for any interruption or loss You may suffer as a result of such interruptions or outages.
- Termination
11.1. JARFEL//SAHARA reserves the right to terminate these Terms of Use and Your access to the Websites or any Services at any time, for any reason, without prior notice.
11.2. You have the right to terminate Your access to the Websites and all Services by sending written notice to JARFEL//SAHARA, except where specific provisions exist in a Service Agreement and/or Admission Proposal entered into between You and JARFEL//SAHARA.
- Governing Law
12.1. These Terms of Use and all relationships arising from them are governed by the laws of the Federative Republic of Brazil, with the forum of the Capital District of the State of São Paulo chosen to resolve any disputes arising from this instrument. - Notifications
13.1. Notifications may be given by Us or by You via email through our channels, in Our Help Center. - General Provisions
14.1. You may not assign, sublicense, subcontract, transfer, or dispose of any of Your rights and obligations under these Terms of Use without Our prior consent. JARFEL//SAHARA may assign the Agreement or its rights to any company within the economic group of which it is part or may become part in the future, being obligated to inform the Client of such intention, with the Client reserving the right to terminate this service agreement without any additional charges.
14.2. Taxes and other fiscal charges due, directly or indirectly, as a result of amounts paid or received under this Agreement or due to its execution shall be the responsibility of the taxpayer as defined by tax law, with no right to reimbursement.
14.3. These Terms of Use (together with any specific terms and conditions for particular services, including Admission Proposal and Service Agreement) contain the entire agreement between Us regarding the Services and Your use of the Websites and supersede all prior agreements between Us relating to them.
14.4. If at any time any provision (or part of any provision) of these Terms of Use is or becomes illegal, invalid, or unenforceable in any respect under the law of any jurisdiction, this shall not affect or impair the legality, validity, or enforceability in that or any other jurisdiction of any other provision (or any other part of the same provision) of these Terms of Use.