GENERAL TERMS AND CONDITIONS OF USE
1. The Service of the Websites
1.1. The Websites are operated by RD Gestão e Sistemas S/A (“RD,” “RD Station,” “Resultados Digitais,” “We,” “Us,” or “Our”). “You,” “Your,” “Yourself,” “User,” or “Customer” refer to the party making use of the Websites and/or Services. Through the Website, RD Station offers you access to data and information pertaining to the platform.
2. Use of the Website and Acceptance of the Conditions of Use
2.1. Your use of the Services and Websites is regulated by these General Terms and Conditions of Use (the “General Terms”), which You must read carefully before using the Websites and Services.
2.2. By registering, accessing and using the Websites in any way, including browsing, viewing, downloading, generating, receiving and transmitting any data, information or messages to or from the Websites, You express compliance, on behalf of Yourself and Your company or Your employer, with these General Terms, as periodically updated. Your compliance is recognized regardless of whether You are a registered user of the Services or not. You thereby commit to respect and comply with all the provisions contained herein, as well as the provisions of the legal notices regulating the use of the Websites and Services.
2.3. These General Terms constitute a binding contract between You and RD Station. If you do not agree to these General Terms, do not use the Websites or Services.
3. 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 for that purpose. You are solely and exclusively responsible for acquiring, installing and maintaining any and all software and hardware necessary to access the Website and use the Services. We are not responsible for any technical difficulties You face arising from the use of the aforementioned software and hardware.
4. Registration Process
4.1. RD Station may ask You to register in order to use the free Services and/or request that You register before using any free part of the Service.
4.2. By registering, You agree to provide truthful, correct, up-to-date, and complete information (“Registration Data”) as requested in the registration form provided to You by means of the Websites, under penalty of being held accountable to the applicable terms of legislation in effect.
4.4. You will receive a password and account designation as soon as You complete the registration process. This data is personal and non-transferable (the “Access Data”). You are solely and exclusively responsible for keeping such data confidential, as well as for all activities that occur while Your Access Data is in use.
4.5. Furthermore, you are obliged to:
- (i) immediately notify RD Station of any unauthorized use of your Access Data or any other security breach, including, but not limited to, the loss or theft of your Access Data; and
- (ii) to log out of Your account at the end of each session of use.
4.6. We will not be held liable for any loss or damage arising from Your failure to comply with the terms established in this section.
5. Updates in the Services or Websites
5.1. RD Station reserves the right to modify, suspend, terminate or discontinue any aspect of the Websites at any time, including the availability of any Services, information, characteristics or features that are accessible via the Websites. We also reserve the right to impose limitations on certain characteristics, features or services; or to restrict Your access in part or in its entirety to the Websites and/or Services without prior notification and without Us incurring any responsibility for any damage You may suffer as a result.
5.3. RD Station reserves the right to, at any time or reason, control and/or alter the appearance, development and/or operations of the Website at Our sole discretion, as well as to establish and modify the procedures for Your contact with Us, without needing to provide prior notification.
6. Links to other Websites
6.1. The content of any websites You access from Our Websites is totally outside of Our control, such that access to and continuance on such sites will be 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 vouch for any third party websites that You come to access from Our Websites. We cannot accept any liability or assume any obligation with respect to any material contained on any other Website. Any opinions or recommendations expressed in the other websites mentioned are solely those of the independent providers and are not, nor represent, the opinions or recommendations of RD Station.
6.2. All copyrights and trademarks accessible through the links of the Websites are owned by the respective owners of the websites or their licensors.
7. Intellectual Property
7.1. The Websites, Services, their structures and all the features contained therein, all information, data, text, images and graphics, and all the components employed on the Websites (“Content”) are protected by copyright and other Intellectual Property rights. You acknowledge that RD Station holds all the rights, titles and interests related to the Content and that You, through the use of the Website, will not acquire any proprietary rights to it.
7.2. We are owners of all data derived from Our operation of the Websites and You must not oppose any use of such data by Us.
7.4. Licenses for the use of Our Websites are granted in a non-exclusive, non-transferable, non-sublicensable way, and revocable at any time in relation to any and all Content provided to You, for exclusive use of internal systems processing. RD Station does not grant any other license or authorisation regarding its intellectual and industrial property rights or regarding any other property or right related to the Services and/or Websites. RD Station reserves any and all rights of its trademarks, copyrights, and other intellectual property rights, available on Our Websites, the use of which is strictly prohibited without Our express authorization, under penalty of civil and criminal laws.
8. Absence of Guarantees
8.1. Although We have striven to ensure that the Content of the Website is reliable, no guarantee (explicit or implied) is made as to its currency, accuracy, integrity or impartiality, and therefore You should, if necessary, obtain independent verification of any of the information contained herein.
8.2. We (I) do not assume any responsibility, of any kind or reason, for any Content of the Websites, or of the Services rendered or any information provided by or through the Websites, and We (II) do not guarantee that the Website or any Services or Contents of it will be uninterrupted or error-free, that defects will be corrected or that the Websites, the server on which it is made available, or any system connected to it, is free of viruses or other harmful components.
8.3. You acknowledge that You must use the Websites, their Content and the Services at Your own risk, and that the Websites, their Content or the Services may contain technical problems or other limitations for which We do not assume any responsibility and We cannot be held liable for any damages that may arise as a result of technical problems, limitations, bugs or viruses in connection with Your access to, or use of Websites, their Content or Services.
9.1. Except in the case of proven willful misconduct, at no time will RD Station be held liable for (a) the loss or damage of any kind arising as a result of any Content published on the Websites, of these General Terms, of the Services or any other information, data, software or service provided through the Websites; or (b) any losses arising from orders or purchases of third-party goods or services made via or based on information or on the Content contained in the Websites. Our total and cumulative responsibility to You, under no circumstances, shall be greater than R$1,000 (one thousand Brazilian reais).
9.2. Under no circumstances shall RD Station be held liable for any indirect damages of any kind which may, directly or indirectly, be attributable to the use of, or inability to use the Websites, any published Content of the websites, or of these General Terms, of the Services or of any information, data, software or service provided through the Websites, even if warned about the possibility of such damages or if such damages were foreseeable.
9.3. We will not be held liable to You for any delay or non-execution of the Services, or failure to access the Websites or any part of their Content, arising from any cause beyond our reasonable control or from our service Providers.
9.4. You are responsible for the content of Your messages or any other data, information or materials distributed throughout the Websites. You are responsible for all obligations to third parties arising from Your use of the Websites, including contractual, tributary and regulatory liabilities. You agree to indemnify Us for any costs, expenses or liabilities that We incur, and any claims or lawsuits that may be brought against RD Station as a result of Your use of the Services, Websites or any Content of it.
10. Acceptable Use Policy
10.1. You agree not to:
- (i) use the Websites, any of their Content, as well as the Services, for private purposes or personal reasons, but only for Your normal business activities, or those of Your company or Your employer;
- (ii) use the Websites, any of their Content, as well as the Services, for any illicit purpose;
- (iii) knowingly make available, through the Websites or upload files, data or any other materials not belonging to or licensed to You;
- (iv) make available through the Websites or upload files or other data or materials You know contain viruses, bugs, corrupted data or other harmful items;
- (v) interfere with the normal functioning of the Websites;
- (vi) interfere with the use and access of other parties to the Websites, their Content and Services; and
- (vii) publish, post, distribute or disseminate libelous, offensive, obscene, indecent or illegal materials or information through Our Services or Websites.
10.2. RD Station reserves the right to immediately suspend or block Your access to the Websites or any Service, and to remove any information or data that we consider to be a violation of any of these General Terms without prior notice and/or making available said information when requested by public agencies or by judicial order.
10.3. RD Station strives to keep the Websites and Services running, however, all online services are subject to occasional interruptions and downtimes. RD Station will not be held liable for any interruption or loss that You may incur as a result of such interruptions or downtimes.
11.2. You have the right to terminate Your access to the Websites and to all Services by sending a written notification to RD Station, except in the existence of specific provisions in the Service Agreement and/or Admission Proposal entered into between You and RD Station.
12. Applicable Legislation
13.1. Notifications can be given by Us or by You by email via our channels, in our Help Center.
14. General Provisions
14.2. Taxes and other tax charges that are due, directly or indirectly, by virtue of the amounts paid or received through this Agreement or by virtue of its execution shall be the responsibility of the taxpayer thus defined in tax regulations, without right to reimbursement.
Updated on 2019-09-02