Terms and Conditions
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GENERAL TERMS AND CONDITIONS OF USE FOR SMARTCOMEX.IO PLATFORM
Posted on November 16, 2018
Entered into force on November 16, 2018
Last change on December 10, 2021
These Terms and Conditions of Use (“Terms”) of the digital platform SmartComex.IO (“Platform”), developed by SmartComex Tecnologia LTDA, enrolled with CNPJ under No. 39.492.449/0001-50, are intended to establish the rules and conditions that users (“Users”) must adhere to for access to and remote use of the Platform, including its website, software, and any services provided.
By using the Platform and accepting these Terms, Users are bound by the rules of these Terms and the Privacy Policy, as well as all documents and information relating to these Terms.
1. DEFINITIONS
1.1. For the purposes of these Terms, it is understood that:
- SMARTCOMEX.IO: is a SaaS system – Software as a Service – developed for international logistics agents, specifically Cargo Agents – Freight Forwarder – able to centralize information, besides assisting and carrying out the procedures of the Pricing, Commercial, Operational and Financial departments in the Air and Maritime modalities;
- Users: Individuals or companies, including their employees, collaborators or agents, who have registered to use the Platform, through the insertion of their personal information and registration data in addition to the acceptance of these Terms;
- Payment System: a system that can be used by SmartComex.io in partnership with companies specialized in financial services that allow the payment of products and services through the Platform.
2. ABOUT SMARTCOMEX.IO
2.1. The Platform consists of a specialized service for the management of Air and Sea processes.
2.2. SMARTCOMEX.IO offers different recharge plans, described after access to the system through the “Payment” menu and then “Plans”, whose characteristics, such as price and number of credits, term of validity of credits and discount by volume of hiring, if described there. A free trial version may be offered to Users who have received a coupon by releasing certain numbers of credits, constituting mere liberality, and no obligation or liability is created for SMARTCOMEX.IO in relation to the User.
2.3. Plans may be amended or terminated at the sole discretion of SMARTCOMEX.IO, upon notice to Users on the Platform or by any available communication channel, thirty (30) days in advance. The changes in the price will not affect the plans that have already been contracted nor the credits that are already available in the Customers accounts.
2.4. Videos and online support materials will be offered through the Help links available on the Platform, as well as support for Users during business hours (from 9 a.m. to 12 a.m. and from 2 p.m. to 5 p.m.) via email (help [a] smartcomex. io) and the contact numbers published in the Platform. Users may also be offered training, whose prices are not included in the contracted plans.
2.5. Access to the Platform can be done by means of mobile and tablet applications, computer software or internet browser, which may depend on the proper functioning of the Platform and its functionalities of the technological characteristics of the devices, and the Users’ connection to the Internet and the knowledge and technical capacity.
2.6. Regarding the access through browsers, we only approve the Google Chrome browser in its latest version. It may be that features need to be modified, redefined or redone due to changes in new versions of the browser, any adjustments will be developed and applied in the shortest possible time at the sole discretion of the Platform.
3. REGISTRATION AND PLATFORM USE
3.1. The User declares that he/she/she has provided true, complete and updated information, as requested in the initial registration for use of the Platform, and SMARTCOMEX.IO is not obliged to inspect or control the veracity of the information provided. The User is responsible, civilly and criminally, for the veracity of the information provided to the Platform.
3.2. SMARTCOMEX.IO may request the following information from you:
3.2.1. In case of Corporate user:
3.2.1.1. Basic data, including, but not limited to, the corporate name, CNPJ, address, telephone and contact person;
3.2.1.2. Additional data such as company’s business segment, company size, name and role in the company from which you are filling out the form and email of the company’s financial officer.
3.2.2. In case of an Individual User:
3.2.2.1. Basic personal information, including, but not limited to, full name, CPF, RG, address and telephone number.
3.2.2.2. Additional data, such as the business segment of the company in which you work, the size of the company, the role you play in the company, and the email of the company’s financial officer.
3.3. In the case of a physical User, only persons who have full legal capacity are authorized to register on the Platform. Their legal representative must assist persons who do not enjoy this capacity, including minors. In case of a legal entity, a legal representative duly invested in the powers to do so must provide the user’s registration information.
3.4. SMARTCOMEX.IO reserves the right to use all legal and possible means to contact its Users, as well as, at any time, request additional documents and/or data that, in its sole discretion, it deems necessary to verify the information.
3.5. The User shall be solely responsible for keeping the password to access the Platform, and the Platform shall not be liable for any damages resulting from the disclosure of the User’s password to third parties.
3.6. The registration of the User is personal and non-transferable, being prohibited the transfer, assignment, lending or any type of loan, in any way, from the user register to third parties.
3.7. SMARTCOMEX.IO shall not be liable for errors of the User due to non-conference of the amount charged through the Payment System, and the User is solely responsible for this process.
3.8. SMARTCOMEX.IO shall not be obligated to reimburse payments to Users for any errors resulting from failure or misunderstanding of the Plan, User failure to check values, withdrawal, cancellation and/or any other events that are not of exclusive responsibility of SMARTCOMEX.IO.
3.9. In case of any irregularities, payment problems, or any other occurrences, SMARTCOMEX.IO requests that the User contact us through the available service channels to solve the problem as soon as possible.
4. PAYMENT, CANCELLATION AND RENEWAL
4.1. The User agrees to pay to SMARTCOMEX.IO the amounts corresponding to the prices charged by the plans, as provided in item 2.2, as well as the remuneration for any other services or products offered by the Platform.
4.2. The User understands that in carrying out any financial transaction with the Platform, he/she is acquiring credits for his Organization. These credits shall be used exclusively within the Platform for the acquisition of services rendered, among them, but not limited to:
4.2.2. Master Process – The Platform charges 1 credit for each Master process launched, in the system. Included in this charge are the launch of up to 4 House type processes.
4.2.3. House Process – Exceeding the limit set forth in item 4.2.2., the Platform will charge one credit for each additional House type process.
4.3. To use any features, features or modules of the Platform, even those that do not have a charge for use, the Organization must have active credits. In the absence of active credits, access will be restricted to consulting the information previously registered.
4.4. SMARTCOMEX.IO reserves the right to modify, increase, include or eliminate plans in force at any time, or to carry out promotions and other transitional forms of changing prices.
4.5. The credits acquired have a deadline to expire. The deadline can be found on the plans page as explained in item 2.2. of this instrument.
4.6. Users may cancel the automatic recurrence of hiring, as well as choose the reload plan and trigger value directly from the Platform. The services offered by SMARTCOMEX.IO are prepaid and in no case, will there be a refund of the amounts paid because of the cancellation.
5. PLATFORM USE LICENSE
5.1. SMARTCOMEX.IO grants to the User a personal, (ii) non-transferable (iii) non-exclusive, (iv) limited, (v) non-commercial and (vi) revocable license to use the Platform on his/hers mobile phone or computer in accordance with the conditions set forth in this Term. SMARTCOMEX.IO reserves all rights to the Platform that are not expressly granted herein.
5.2. SMARTCOMEX.IO shall not be liable for damages suffered by the User due to copy, transfer, distribution or any other use of protected content made available on the Platform.
6. LIABILITY LIMITATIONS
6.1. The User acknowledges and agrees that:
a) By registering and choosing to use the services presented by the Platform, the User does so at his sole risk. SMARTCOMEX.IO recommends that the use of the Platform be done with common sense and caution, not taking responsibility for the consequences of using the methodologies, tools or management practices adopted.
b) Users acknowledge and accept that SMARTCOMEX.IO has no direct responsibility for any moral or material damages related to the culpable or malicious conduct of Users during the performance of the contracted services. SMARTCOMEX.IO shall be exempt from any damage to which it has not given cause and shall be reimbursed directly or indirectly, in a regressive way, by the User or third party involved.
c) SMARTCOMEX.IO does not guarantee that the Platform will always be free of errors, interruptions and/or oscillations, and will not be liable for moral or material damages caused to Users, as well as for any loss of profits due to any inconsistency in the functioning of the Platform.
d) The User agrees that SMARTCOMEX.IO will not be liable for any damages or damages caused to its cellular apparatus (s), computer (s) or any other electronic equipment as a result of the use of the Platform.
e) The User further agrees that SMARTCOMEX.IO will not be responsible for any calculation errors in the tariffs and/or invoices generated as a result of the load agency processes registered in the Platform, thus, the User is responsible for the conference of all the calculations , deadlines, documents, invoices, collections and payments, thus exempting the Platform from any errors.
f) SMARTCOMEX.IO shall not be liable for errors or interruptions in the provision of information by independent service delivery systems, including the Payment System and any other integrated functionalities or applications. Such systems only seek to bring greater convenience to Users.
g) SMARTCOMEX.IO shall not be liable for any damage or loss suffered by the User as a result of failures in connection with the Internet, with its provider, in the operating system or server used by the User, arising from third-party conduct, acts of God or force majeure.
h) SMARTCOMEX.IO shall not be liable for any virus, Trojan, malware, spyware or any software that may damage, change settings or infiltrate User equipment due to access, use or browsing the Internet or, as a consequence of the transfer of any data and information.
6.2. The User agrees to indemnify and/or hold harmless SMARTCOMEX.IO and its representatives, as the case may be, in the event of any claims, proceedings, losses, liabilities and expenses, including reasonable attorneys’ fees and court costs, to cause or suffer directly or indirectly through the use of the Platform.
7. USER RISKS AND LIABILITIES
7.1. The User attests that it uses the Platform services for its free and unimpeded choice and acknowledges and accepts as its sole responsibility and risk the use of the Platform, as well as the consequences and results of its use.
7.2. The User recognizes and declares that he/she understands and is aware of all risks involved in the use of the Platform and in the consequent hiring of its services, and undertakes to employ the diligence and care reasonably necessary and expected of someone who contracts the services provided by the Platform.
7.3. The User acknowledges and agrees that SMARTCOMEX.IO only performs a previous verification of the Users registered in its database through the analysis of basic information and documentation required at the time of registration and related in this Term, not being responsible for the acts of its Users.
7.4. Users acknowledge that SMARTCOMEX.IO has no obligation to verify the accuracy of the information provided by SMARTCOMEX.IO.
8. INTELLECTUAL PROPERTY
8.1. The commercial use of the expression “SMARTCOMEX.IO”, “SMARTCOMEX” or “SMARTWEB” as a trademark, business name or domain name, as well as the logos, brands, insignia, Platform layout, content of the screens related to the Platform services and the set of programs, databases, networks and files that allow access and use to your account, are owned by SMARTCOMEX.IO and are protected by international copyright laws, trademarks, patents, models and industrial designs. Misuse and partial or total reproduction of such content is prohibited, unless expressly authorized by SMARTCOMEX.IO.
8.2. By registering and using the Platform, the User accepts that SMARTCOMEX.IO uses, during the period of use and up to 90 (ninety) days after its end, its brand, business name or domain name, as well as its logos, logos or insignia, for any purpose, including commercial, advertising and in communications with third parties, without SMARTCOMEX.IO having any value to the User.
9. SYSTEM OR DATABASE VIOLATION
9.1. The use of a device, software or other resource that may interfere with the activities and operations of the Platform, as well as in the accounts or in their databases, is prohibited. Any interference, attempt, or activity that violates or contravenes intellectual property law and the prohibitions set forth in these Terms shall render the person responsible liable to suffer the effects of the pertinent legal actions, as well as the sanctions provided herein, and is also responsible for indemnifying SMARTCOMEX.IO or its Users for any damages caused.
10. PRIVACY POLICY
10.1. By accepting these Terms, you allow SMARTCOMEX.IO to collect, store, use and, in its sole discretion, to transmit or make available to third parties the analytical and never-individualized data relating to the information provided by SMARTCOMEX.IO at the time of registering on the Platform, as well as such as those arising from the use of the Platform. This information will always be used analytically, SMARTCOMEX.IO will never transmit any sensitive information, such as, but not limited to: Processes, customers, contacts, tariffs, suppliers, etc.
10.2. SMARTCOMEX.IO may use Users’ personal data for analysis, studies, reporting as necessary for the proper functioning of the Platform.
10.3. SMARTCOMEX.IO implements such measures, as it deems appropriate to protect and help prevent unauthorized access, modification, disclosure or destruction of User information collected through the Platform, including storage on servers or high-security magnetic media. However, SMARTCOMEX.IO is not responsible for the improper use by third parties of the information provided by the User.
10.3.1. In the event that the User considers that his information has been improperly used by third parties and in disagreement with these Terms, he/she/she should contact SMARTCOMEX.IO through the following communication channels: help [a] smartcomex.io or phone available on the Platform. In this case, SMARTCOMEX.IO will analyze the complaint and take the measures it deems appropriate.
10.3.2. SMARTCOMEX.IO shall not be liable for any loss that may be derived from the violation of these measures by third parties who use improper, fraudulent or illegal means to access the information stored on the servers or databases used by the Platform.
10.4. SMARTCOMEX.IO will store User data for 12 (twelve) months after the termination of the contracted plan and will provide the User with the possibility of receiving a file with the data (“Dump File”) in standard SQL format , if it is expressly requested by e-mail just before the cancellation and the data is available.
10.5. SMARTCOMEX.IO will collect information regarding the financial transactions carried out through the Platform and may disclose them for specific purposes of using the Platform. The User hereby authorizes SMARTCOMEX.IO to notify third party payment service providers if SMARTCOMEX.IO has reason to believe, in its sole discretion, that the User is involved in any activity that is considered illegal, violates rights or in any way violates these Terms.
10.6. SMARTCOMEX.IO shall not be liable for any loss of User data, including arising from unforeseeable circumstances, force majeure occurring due to breach of security and access to the Platform by unauthorized third parties.
10.7. The user and password of each User serve to ensure your privacy and security. SMARTCOMEX.IO advises its Users not to share this information with anyone. SMARTCOMEX.IO shall not be liable for damages or losses caused to the User by the sharing of this information.
10.8. All information provided by Users to SMARTCOMEX.IO is protected by specialized companies and all information collected through the Platform is stored in secure and extremely restricted access environments.
10.9. SMARTCOMEX.IO follows the security standards commonly used by companies working with data transmission and retention to ensure the safety of their Users. However, no method of transmitting or retaining electronic data is fully secure and all may be subject to external attacks. Thus, despite using all possible and appropriate means, SMARTCOMEX.IO cannot guarantee the absolute security of the information provided on the internet.
10.10. The name, email, telephone and other data of Users may be used to send notifications, account information or contracted services, notices of violations of the Terms, advertising or promotional materials and other communications that SMARTCOMEX.IO considers useful or necessary. Users may request SMARTCOMEX.IO to exclude them from their mailing list (opt-out).
10.11. SMARTCOMEX.IO shall provide all information requested by the public authority, by public bodies or direct or indirect administration, if they are duly justified and compatible with the law in force.
10.12. SMARTCOMEX.IO uses cookies and monitoring software to provide its users with the best possible navigation, based on their needs, as well as internal searches. These cookies do not collect personal information, only inform usage and browsing preferences of each User, and provide SMARTCOMEX.IO with statistics and data to improve its services.
11. GENERAL PROVISIONS
11.1. This Term does not imply or mean, in any way, any partnership agreement, mandate, franchise or employment relationship between SMARTCOMEX.IO and Users.
11.2. These Terms may be modified by SMARTCOMEX.IO at any time and in its sole and exclusive discretion. The new Terms will come into force 10 (ten) days after the publication in the Platform. Within 5 (five) days from the date of publication, the User shall express, through the communication channel provided by the company, his disagreement, if he/she does not agree with the altered terms. In that case, the contractual link will no longer exist. If there is no manifestation within the stipulated period, it will be understood that the User tacitly accepted the new Terms, which will continue to bind the parties.
11.3. By registering as a User on the Platform and using the products and services offered by SMARTCOMEX.IO, the User hereby declares, automatically and unconditionally, to comply with these Terms and all other policies and rules made available on the Platform.
11.4 In the event that SMARTCOMEX.IO is unable to continue its activities, it undertakes to deliver the source codes of the programs that make up the System referred to in this term, or define the criteria that ensure Users the right to continue using SmartComex .
11.5. If any provision, obligation or restriction of these Terms is, by competent judgment or other authority, deemed invalid, void or unenforceable, all other terms, provisions, obligations and restrictions shall remain in full force and effect and may not be affected in any way, harmed or invalidated.
11.6. Acceptance by either party of any breach of these Terms or failure to exercise any right conferred by them shall not be considered as novation or waiver in respect of any future breach, whether similar or not, or to the exercise by any part of any future right conferred by these Terms.
11.7. In the event of conflict between the Portuguese and other translations of these Terms, the understanding of the Brazilian Portuguese version shall prevail.
11.8. All items in these Terms are governed by the laws in force in the Federative Republic of Brazil. For all matters concerning interpretation, compliance or any other questioning related to these Terms, the parties agree to submit to the Forum of the County of São Paulo, State of São Paulo.
Any questions, suggestions or complaints regarding these Terms and Conditions of Use may be directed to the email (help [a] smartcomex.io) or phones available on the Platform.