These General Terms and Conditions ("Term") apply to the use of the services offered by CMOV CONSULTORIA LTDA., a company duly inscribed in the National Register of Legal Entities under no. 29.013.484/0001-95, manager at the CMOV Platform, located on the website www.cmov.com.br and of the services object of this Term, hereinafter referred to as CMOV; to the NATURAL PERSON, adult, who has filled out the registration form, whose data shall become an integral part of this Term, as well as has electronically "accepted" all the clauses of this Term and all other policies available on the CMOV Platform.
The services available on the CMOV Platform on www.cmov.com.br will be ruled by the clauses and conditions below.
By electronically accepting this Term, by clicking on "I accept the Terms of Use" button on the registration page complementary to this record, the USER will automatically be agreeing to be fully subject to its terms and conditions and any of its future amendments, in addition to accepting the provisions of the website policies.
CLAUSE 1 - DEFINITIONS
1.1 For accurate understanding and interpretation of the rights and obligations under these Terms, the following definitions are adopted:
CLAUSE 2 – PURPOSE
2.1. The purpose of this Term is to make available, by CMOV, the aforementioned CMOV TOOLS, destined to help the USER to self-knowledge, and to identify, among the several options, the best opportunities for theirprofessional profile and career objective, besides providing exercises to support specific recruitment and selection situations to achieve these objectives, in an accessible language. The USER will still be able to access other support content, such as courses, and depending on the purchased plan, even coaching and personalized mentoring, besides the management of the USER's profile on the CMOV Platform. It will also be possible for the USER to purchase OTHER SERVICES, whether provided by CMOV itself or by CMOV partners, through a direct link from the CMOV Platform to the 'OTHER SERVICES' page of the CMOV partner or CMOV itself, and in these cases, the dispositions of Clause 10.2 below shall apply. Therefore, the CMOV platform allows access to several options of CMOV TOOLS and/or the purchasing of OTHER SERVICES - according to the identified needs of each USER, without intervening in the contact, in the insertion of said information, procedures, career decision making, not being an influencer of any information registered by the USER in their LOGIN on the CMOV platform.
2.1.1. The USER is aware and agrees that by accessing contents and uploading their personal information to the CMOV platform, through their LOGIN, they are solely and exclusively responsible for all the information entered therein and have all the licenses and/or approvals necessary for the use of the CMOV TOOLS.
2.2. Despite being able to be used from anywhere, the USER declares to be aware, and agrees that, regardless of the location from where the services are being accessed, the relation between the USER and CMOV will always be, in any case, subject to the Brazilian legislation.
2.3. CMOV's main purpose is to ease the USERS' approach to the reality of recruitment and selection in the current job market. Therefore, any and all USERS who access CMOV give their consent for the exchange of information, or the forwarding of such personal information to CMOV experts, in order to achieve the USERS' maximum satisfaction with the CMOV TOOLS purchased by them, upon unrestricted acceptance of this Term. Such information may refer to those provided in the REGISTRATION, such as the USER's address, email, university, semester in which they are, or any other information provided by the USER to the CMOV Platform and that will be part of their CV. Therefore, upon acceptance of this Term, the USER accepts the use and supply of their information by CMOV to third parties for the correct provision of CMOV TOOLS.
2.4. The USER's request for communication with CMOV experts, in accordance with the purchased plan, either by the USER or through the release of access by a CMOV PARTNER, will be supervised or mediated by CMOV, in order to ensure the prevalence of good faith and the constitutional principles of loyalty and security in communications between CMOV TOOLS' USERS. If CMOV verifies any violation of these Terms, exclusion procedures may be adopted, at CMOV's sole discretion.
CLAUSE 3 – ACCOUNT CREATION AND USAGE OF CMOV TOOLS
3.1. In order to use the CMOV TOOLS available, the USER must go to the website www.cmov.com.br, through their profile in the social network of their choice, and/or fill out the REGISTRATION form available for the CMOV TOOL qualification, informing CMOV of all the required data, including their NIN and data for collection of the SERVICE FEE (if applicable), the USER being civilly and criminally responsible for the truthfulness of the information, including towards third parties, also being obliged to keep their data up to date. In addition to the LOGIN and PASSWORD, the USER must also inform an e-mail address for their exclusive use. CMOV does not check any information or profile of any USER that wishes to use the CMOV TOOLS available on the CMOV Platform upon the REGISTRATION, nor does it carry out a detailed investigation on the veracity of the information provided, except for what is foreseen in Clauses 3.2, 3.3 and 3.3.1. Thus, CMOV is not responsible in any way and under no circumstances for the improper use of CMOV TOOLS.
3.1.1. The CMOV Platform will be available to the USER 24 (twenty-four) hours a day, 7 (seven) days a week, except in cases of regular maintenance, problems with the data centers - which are outsourced -, and unforeseeable circumstances / force majeure cases, which will be informed in advance by means of a WEBSITE notice.
3.1.2. The LOGIN and PASSWORD that grant access to the REGISTRATION are for the USER's personal and non-transferable use, which is why CMOV is not responsible for eventual unauthorized manipulation of such information by third parties, and therefore, the USER must take all necessary measures to keep such information confidential.
3.1.3. The USER is responsible for notifying CMOV immediately about any unauthorized use of their REGISTRATION, as well as unauthorized access by third parties. The USER will be the only one responsible for the operations executed in their REGISTRATION, since the access to it will only be possible by typing the PASSWORD, whose knowledge is exclusive to the USER.
3.1.4. When registering on the CMOV Platform, the USER will be able to use the CMOV TOOLS, according to the purchased plan, upon payment of the SERVICE FEE, or according to the release of access by the CMOV PARTNER, declaring to have read, understood and accepted the respective Term.
3.2. CMOV reserves the right to employ all valid and possible means to identify its USERS; therefore, CMOV may, at any time, at its discretion, request copies of documents from the USER, including written authorization from parents and/or legal guardians, in case of minors, in order to ensure the truthfulness of the data. In these cases, CMOV may suspend the provision and usage of the CMOV TOOLS until receipt of the requested documents, being exempt from any liability or compensation to the applicant. If any data is verified by CMOV as being inconsistent with the documents presented, the USER will have a limit of 2 (two) working days to make the due corrections, under penalty of having their access to the CMOV platform suspended until registry regularization, and may even cancel permanently the referred REGISTRATION, if deemed necessary to protect CMOV and other USERS' interests, without prejudice to other necessary and conveniente measures.
3.3. Except the visible data to CMOV experts, other information provided by the USER will be for the confidential and exclusive use of CMOV and its partners, for the correct provision of the purchased service, whether they are CMOV TOOLS and/or OTHER SERVICES, and will only be provided in the cases defined by the Law, when fraud is verified, such as criminal misrepresentation (use of false names and documents), or incorrect use of the services, in which case the information of the fraudster (name, address, IP, etc) may be provided to the injured party and to the responsible authorities (including the respective Specialized Police Unit for Repression of Crimes against Informatics and Electronic Frauds in the USER's state), as long as a court order is received, ordering the delivery of such information.
3.3.1. Without prejudice to other measures, CMOV may warn, suspend or cancel, temporarily or permanently, the USER's REGISTRATION, at any time, initiating appropriate legal actions and/or suspending the provision of its services and its USERS if: a) the USER does not comply with any provision of this Term and other CMOV policies; b) the USER commits fraudulent or malicious acts that may cause criminal, illicit, dysfunctional or morally reprehensible actions, or that aim at interfering with the operation and quality of the CMOV Platform; c) the identity of the USER cannot be verified or any information provided by the USER is incorrect; or d) it finds any form of advertising or commercial purpose without CMOV's prior consent.
3.4. THE USER DECLARES TO BE AWARE THAT THEY CAN ONLY HAVE ONE REGISTRATION; THEREFORE, IT IS NOT ACCEPTED BY CMOV, IN NO EVENT, TO REGISTER NEW LOGINS FOR THE SAME USER, OR THE ASSIGNMENT / TRANSFER OF THE RESPECTIVE ACCOUNT, EXCEPT IF CREATING A NEW ACCOUNT ON THE SOCIAL NETWORK OF THEIR CHOICE, DUE TO LOSS OF PASSWORD, AS DEFINED IN CLAUSE 1. 1; IT WILL BE VERIFIED, FOR THIS PURPOSE, AMONG OTHER DATA, THE USER'S NAME, NIN, EMAIL ADDRESS, OR DATA FROM LEGAL GUARDIANS, IN THE CASE OF A MINOR, AMONG OTHER DATA, AT CMOV'S DISCRETION. IF THE USER CHANGES ADDRESS OR NEEDS TO UPDATE ANY INFORMATION IN THEIR REGISTRATION, INCLUDING PAYMENT DATA, THEY MUST UPDATE THEIR REGISTRATION WITH THE NEW DATA ON THE CMOV PLATFORM, OR FORWARD AN EMAIL TO CONTATO@CMOV.COM.BR.
3.5. CMOV TOOLS are available only to those who have the capacity to exercise civil rights, or who have the proper authorizations from their respective legal guardians, in case of minors. Therefore, those who do not dispose of this capacity or have the proper authorization (in the case of minors), or those who have been temporarily or permanently banned from CMOV for any infraction to the present Term, including if they have multiple REGISTRATIONS, are warned of the legal penalties of the Civil Code, notably, article 166, subsection I, article 171, subsection I and article 180 of law n° 10.406/02.
3.5.1. Information of minors cannot be submitted to the CMOV Platform by anyone under the age of eighteen (18) years without prior and express consent of their parents or legal guardians. Therefore, with the acceptance of this Term, it will be tacitly understood by CMOV that such consent was given by the parents or guardian of the underage USER that will be using the several CMOV TOOLS, and such legal guardians shall be exclusively responsible for the content accessed by the minors, and/or for the payment of the SERVICE FEE, when applicable.
3.6. The username the USER uses on the CMOV Platform cannot be similar to the name CMOV itself. Profiles considered offensive will also be removed, as well as those that contain personal data of the USER or any URL or electronic address. CMOV reserves the right to refuse any request for REGISTRATION and to cancel a previously accepted REGISTRATION, if it is in disagreement with the policies and rules of these Terms.
3.7. The non-use of the REGISTRATION by the USER, defined as the absence of any access to it, for a period of (3) (three) months, will cause the removal of such REGISTRATION, being CMOV exempt from any responsibility or compensation due to this cancellation.
3.7.1. For USERS who remain with an active REGISTRATION, CMOV will keep their data, information and other personalization associated with the REGISTRATION, for an indefinite period, as provided for in the legislation.
3.7.2. By canceling the REGISTRATION, the USER will lose access to the CMOV Platform and all the data it contains.
3.8. The USER also expressly acknowledges and agrees with the SERVICE FEE charged by CMOV, as payment either for the use of the CMOV TOOLS, which will be paid through the method chosen on the plans page, when applicable, or for the purchase of OTHER SERVICES, which must be duly paid in order to be qualified for the respective services by the USER.
3.9. The USER will be responsible for the correct use of the CMOV services and TOOLS provided herein, observing all laws, decrees and regulations, national, state and local, applicable and in force, Privacy and Personal Information Protection Acts, published by CMOV and its suppliers, available on its website.
3.10. CMOV will not be responsible for mistakes, interruptions, malfunctions, delays or other failures that may arise in the use of the CMOV TOOLS or services, which are likely to occur when it comes to computers; CMOV does not guarantee, in any way, an uninterrupted availability and / or error-free service provision.
3.11. The USER will be entirely responsible for ensuring that the equipment set-up is in full compliance with the minimum requirements necessary to use the CMOV TOOLS and the services offered, and CMOV is free and exempt from any liability resulting from non-observance of the provisions in this clause.
3.12. By accepting this Term, the USER authorizes, from now on and expressly, the use of their image, voice and name in all the pieces and forms of divulgation of CMOV campaigns, with or without indication of their name, for as long as each one of these campaigns lasts.
CLAUSE 4 – SERVICE FEE OWED BY THE USER
4.1. Due to the use of the CMOV TOOLS available on the website www.cmov.com.br, the USER will pay to CMOV, when they don't have their access released by a CMOV PARTNER, by means of direct debit, credit card, or any means of online payment, the SERVICE FEE foreseen on the CMOV plans page for access to the CMOV TOOLS, which will be valid for the next 6 months from the date of purchase.
4.1.1. If the access to the CMOV TOOLS is released through a CMOV PARTNER, the USER's access will be allowed for the time specified in the adhesion term with the CMOV PARTNER, which will be promptly notified by the latter to all the benefited USERS.
4.1.2. The SERVICE FEE will also be charged if the USER purchases OTHER SERVICES, regardless of whether they have had their access authorized by a CMOV PARTNER - if these OTHER SERVICES have not been covered by a covenant with CMOV.
4.2. The prices of the SERVICE FEE to access the CMOV TOOLS and OTHER SERVICES, to be paid as foreseen above, may be readjusted by CMOV at each new semester purchase and/or automatically every 12 (twelve) months, counted from the act of REGISTRATION, in accordance with the General Market Price Index or, in its absence, with the index that replaces it, regardless of prior notification.
4.3. If new taxes are created or if the conditions for calculation and/or collection of already existing taxes are modified, which have an impact on the current values, the costs resulting from this impact may be transferred to the USER and added to the current SERVICE FEE, modifying it in such a way as to reestablish the economic-financial balance of the service provision.
4.4. After choosing the plan to access to the selected CMOV TOOLS and/or OTHER SERVICES, as the CMOV platform itself is already fully integrated with some means of digital payment, the USER will pay the SERVICE FEE of the plan chosen for access to CMOV TOOLS and/or OTHER SERVICES directly in the CMOV platform. Upon payment confirmation, access to CMOV TOOLS and/or OTHER SERVICES will be processed within 72 (seventy-two) hours. If there is any problem regarding integration with the digital payment platform, CMOV may redirect the USER to a third party website, CMOV's partner, so that the USER can register, in case they are not yet registered on the website, and pay the SERVICE FEE, according to the plan or OTHER SERVICE chosen.
4.4.1. Seeking to respect the legislation applicable to the consumer regarding the services acquired by USERS on the CMOV Platform, CMOV will refund the purchase in the account indicated by the USER, if they exercise the right to withdraw, within 07 (seven) days, counted from the time of the purchase to access the CMOV TOOLS. Regarding the OTHER SERVICES, as they are complementary and not included in the CMOV TOOLS, the USER must check the rules of purchase and/or reimbursement directly with the such provider, as foreseen in clause 10.2 below. CMOV shall not be responsible for the contents, practices and services offered by them when it is not the provider.
4.4.2. If, within 7 (seven) days after the purchase to access the CMOV TOOLS, CMOV has not received any notification from the USER through the email contato@cmov.com.br, it will be understood that the USER has tacitly renounced their right of withdrawal. In this sense, the USER hereby agrees that the right of withdrawal procedures described in this Term will be their sole and exclusive remedies to be reimbursed for the SERVICE FEE paid to access the CMOV TOOLS. Therefore, 07 (seven) days after the purchase has been made, if CMOV has not received any notification from the USER, it will be assumed that the USER has tacitly waived any rights related to present, past and future, related to facts, obligations and responsibilities, directly or indirectly connected to the CMOV TOOLS, and there will be nothing to claim from CMOV, in any way or time, judicially or extrajudicially.
4.4.3. If the USER notifies CMOV, within the period indicated in Clause 4.4.2 above, that they wish to exercise the right to withdraw, CMOV will initiate the procedure for refunding the amounts paid, which will be done within 10 (ten) working days counted from the communication.
CLAUSE 5 – MODIFICATIONS OF TERMS
CMOV may modify, at any time, the conditions of these terms, aiming at the improvement and enhancement of the services provided. The new conditions will take effect 10 (ten) days publishing on the website www.cmov.com.br. Therefore, the USER will have a limit of 5 (five) days, as from the publication of the changes, to communicate their non-agreement by e-mail, requesting the REGISTRATION cancellation. In this case, the contractual bond will cease to exist, as long as there are no open accounts or debts. However, if there is no response within the time mentioned above, it will be understood that the USER has tacitly accepted the new conditions of the Term, which shall continue to bind the parties.
CLAUSE 6 – PROHIBITED PRACTICES
6.1. The CMOV TOOLS available on the CMOV platform can be used to help the USER get a greater knowledge about the career that they want to follow and their professional goals, besides the management of the USER's profile on the CMOV platform. However, it is expressly prohibited by this Term, by other policies of CMOV, or by the law in force, the insertion, by the USER, of any information pn the CMOV platform that contains certain data, images and/or subtitles, or that make reference to: (i) any illicit activities; (ii) content that promotes violence and mistreatment against living beings of any kind; (iii) content related to prostitution or similar, and any information on products of pornographic, erotic, obscene material, unsuitable for minors or contrary to morals and good customs; (iv) content that promotes violence and/or discrimination based on race, gender, religion, nationality, sexual orientation or any other type of discrimination; (v) content or files that contain viruses, programs or codes that may damage and/or steal data, information or the operation of other computers, or any attempt to explore, trace or test vulnerabilities of the CMOV Platform system, and/or circumvent any security and/or authentication measures; (vi) contents that falsify, omit or simulate IP, network or e-mail addresses in an attempt to hide the identity and/or authorship of the offenders; (vii) activities that violate the laws on intellectual property, such as unauthorized copies, use of images or texts without the author's authorization, whether they are brands, replicas and/or forgeries; and (viii) any other activities, products and/or services prohibited by the current legislation, and/or that are considered criminal offenses or misdemeanors.
6.1.1. In this context, it is the USER's exclusive responsibility to watch over the legality of their activities and registered information and CMOV does not assume any responsibility for their inclusion on the CMOV Platform, being able to remove USERS that do not comply with the restrictions described in this Term, regardless of prior warning. Therefore, the USER will be the only and exclusive responsible before CMOV or third parties, for the transgression of this rule that results in intellectual property infringement of third parties, excepting CMOV from any liability to the holder of these rights.
6.2. USERS also may not, besides other actions foreseen in the present Term a) manipulate the information of the CMOV TOOLS and/or the CMOV Platform itself; b) assault or mudsling CMOV and/or its experts, by any means of communication available to the USERS; c) use any robot, search engine, web search/recovery application or other device to restore or index any part of the CMOV services or collect information about the USERS for any unauthorized purpose; d) send content with misleading advertising claiming that such content is sponsored or endorsed by CMOV; e) create USER accounts by automated means or with false or fraudulent intent; and f) transmit any viruses, worms, malwares, trojan or any items of a destructive nature. These types of behavior may be punished with the suspension or cancellation of your REGISTRATION as a USER of CMOV, without prejudice to the legal actions that may be initiated by the crime or misdemeanor configuration, or the civil damages that may be caused to the USERS and/or CMOV.
6.3. If CMOV verifies or suspects that any USER is violating any specific condition of this Term, or that it is considered an illegal activity, in addition to the protection measures already described in this Term, such as the REGISTRATION removal, the transgressor USER's data will be forwarded to the corresponding authorities, so that they can take the appropriate legal measures.
CLAUSE 7 – PERSONAL INFORMATION COLLECTED BY THE CMOV PLATFORM
7.1. CMOV uses of "COOKIES TECHNOLOGY" (data in the USER'S computer/phone) to allow its correct identification, besides improving the quality of the information offered in the CMOV Platform to the USERS. The regular use of cookies is an acceptable practice in the industry, as it allows the storage of important information, such as, for example, the USER's accesses to the CMOV Platform, so that later on no repeated or outdated content will be presented. If the USER does not want to receive cookies, or wants a prior notification before their use, they should program, at the USER's discretion, their Web browser with these options, in case it has such resource. It is worth pointing out that if the USER blocks it, the experience may be compromised, without any responsibility from CMOV.
7.2. In addition to the personal information provided, the CMOV Platform has the technological capacity to collect other technical information, such as the USER's Internet protocol address, the operating system of the computer or cell phone, the type of browser and reference websites, as well as other relevant information to the operation of its services, but respecting the USER's privacy and individuality and observing the terms and limits of the Internet civil framework.
7.3. As previously defined, CMOV will not disclose the information of the USER to third parties without prior authorization, except in cases where it already has authorization to share it, according to this Term, either in the permission to charge the SERVICE FEE, or in the sending of necessary information to the CMOV PARTNER, who granted access to the USER, for example, or when they are necessary to respond to requests or questions from government entities, or in cases where, in good faith, CMOV understands that its disclosure is necessary, as long as there's a court order and with the purpose of responding to claims in which the content submitted to the CMOV Platform infringes the rights of third parties or the legislation in force - that is, necessary for the protection of rights, property and/or safety of the CMOV Platform, its USERS and/or the general public.
7.4. CMOV may, at its discretion, make use of the information stored in its databases, as described above, for a reasonable period of time, without exceeding legal requirements or limitations, to remedy any disputes, solve issues and guarantee CMOV's rights, as well as the terms and conditions in the Privacy Policy.
7.5. CMOV shall also, at its discretion, examine the information stored in its databases for the purpose of identifying USERS with multiple identities or aliases for legal and/or security purposes. In another event, if CMOV is required by law, court order or other legal process, to disclose any of the USER's personal information, it will not hesitate to cooperate with these agents. Thus, by means of this instrument, the USER authorizes CMOV to disclose such personal information to meet the aforementioned purposes, as long as they are based on legal requests.
7.6. The anonymous information provided by the USER, registered due to the use of the system (with the exception of the content of private messages), shall be used as input for the mapping of market information and formation of statistics of CMOV and/or authorized partners. By registering, using and providing information to CMOV, the USER deliberately accepts this Term and the conditions foreseen in the Privacy Policy on the use of their information.
7.7. The information provided by the USER that makes them personally identifiable is intended to make the USERS of the CMOV Platform better interact with the available CMOV TOOLS, and meet the educational needs identified by the CMOV PARTNER at the time of purchasing the CMOV Platform for its benefited USERS. Additional information collected by CMOV through the analysis of each USER's browsing that does not make them personally identifiable (such as browsing pattern, search terms and usage preferences, for example) will be used by CMOV as it deems appropriate to improve its services. Furthermore, the information provided is used to: (i) manage the USERS' account in order to increasingly customize the CMOV TOOLS available on the CMOV platform; and (ii) communicate news and updates. CMOV can also forward messages from partners and/or provide several other services, either through opt-in technology or through redirection to the partner's page, directly from the CMOV Platform. However, CMOV is not responsible for the safekeeping or conservation of personal data of its USERS when accessing these third-party links, whether they are CMOV's partners or not, so it's the USER's exclusive responsibility to verify the corresponding information security and privacy policy.
7.8. The USER that disagrees with the present Term and proceeds with the cancellation of their REGISTRATION will remove their data for future consultation, but CMOV will still keep some information, solely and exclusively to meet the legal requirements to which it is submitted, and will only provide it under court order.
7.8.1. The USER can cancel their REGISTRATION through the settings panel or request it to the administrators of the CMOV Platform, by sending an e-mail to contato@cmov.com.br.
7.9. It’s not allowed to use any device, software or other resource that may interfere with the activities and operations of the CMOV TOOLS, as well as the accounts or their databases. Any intrusion, attempt to, or activity that violates or contradicts the laws of intellectual property rights and/or the prohibitions stipulated in this Term, including making unauthorized copies, reverse engineering, and/or modifications that may create derivative works, will hold the person responsible and liable to the proper legal actions, as well as the penalties provided herein, being also responsible for the compensation of any damage caused.
7.10. In case of doubts about the protection of personal data, or to get more information about personal data and the exceptions in which the confidentiality referred to in this clause may be breached, consult the Contact Us section of CMOV's website or send an e-mail to contato@cmov.com.br.
CLAUSE 8 – RESPONSIBILITIES AND SCOPE OF SERVICES
8.1. Since CMOV is just an online provider of the CMOV TOOLS, with the purpose of identifying the USER's professional profile and training, it will be the USER's sole and exclusive responsibility to verify the information accuracy; therefore, CMOV cannot fully ensure all the information and data uploaded on the CMOV platform. CMOV is only a communication channel with the purpose of facilitating the USER's interactions with the training and self-knowledge content; thus, accessing the CMOV platform and using its tools will not ensure to the USER, under any circumstances, information of their interest.
8.2. The USER declares to be aware of the conditions for receiving and using CMOV TOOLS, and will not hold CMOV responsible for the lack of diligence in verifying the information provided, being the USER's entire and exclusive responsibility. Likewise, in case of purchasing OTHER SERVICES, the latter is not responsible for the existence or authenticity of such, registered by CMOV's partners, as well as for the capacity to purchase from the USERS or for the data veracity, and these USERS purchases are made at their own risk. Thus, by accepting the present Term, the USER is aware that they will not be able to file any lawsuit against CMOV if they are damaged in any form and qualification, resulting from the use of the information and/or access to the CMOV TOOLS on the CMOV Platform and/or redirection by the CMOV Platform to purchase OTHER SERVICES of CMOV's partners.
8.3. CMOV is not liable for any damage, prejudice or loss on the USER's equipment, caused by system, server or internet failures due to third party conduct, unforeseeable circumstances or in cases of force majeure. CMOV will also not be liable for any virus that may attack the USER's equipment as a result of access, use or navigation on the website; or as a consequence of data transfer. The USERS can not assignt CMOV any responsibility or demant payment for lost profits due to prejudice resulting from technical difficulties or failures in the systems or on the internet. Eventually, the CMOV platform may not be available for technical reasons or internet failures, or any other unforeseeable circumstances or force majeure beyond CMOV's control. Because of this, CMOV reinforces that the USER should have an updated antivirus to access the CMOV platform, its CMOV TOOLS and OTHER SERVICES.
8.4. The USER will compensate CMOV, its subsidiary, affiliate or affiliated company, directors, officers, collaborators, representatives and employees for any lawsuit filed by other USERS or third parties resulting from their activities in the CMOV platform and regardless of the nature, or for their non-compliance with this Term and other CMOV policies, or for the violation of any law or third party rights, including attorney's fees of the winning party.
8.5. In case of a judicial summons in which CMOV is the defendant, whose facts are based on the USER's actions, this one will be called to court and must bear all the burdens resulting from it, according to the terms of article 338 and the following of the Code of Civil Procedures.
8.6. This Term does not create any partnership, mandate, representation, brokerage, agency, franchise or employment relationship between CMOV and the USER.
8.7. CMOV's purpose is to provide the necessary knowledge and tools for USERS to enter the job market smoothly. Therefore, CMOV is not responsible for the tax obligations that fall on the USER's activities.
CLAUSE 9 – TERM AND TERMINATION
9.1. This document has an indefinite term, coming into force on the date of its electronic acceptance. Both parties can revoke the service provision under this Term at any time, by prior and explicit communication to the other one within the period indicated in this Term, as long as any existing debts (costs, expenses, operating charges) or any compensation resulting from injury to third parties due to the misuse of services by the USER are paid. If the notification is sent in an inferior period than the one indicated in this Term, USER will pay the SERVICE FEE related to the semester in which their REGISTRATION was ended, and the cancellation will only be effective in the following one.
9.2. This Term may be terminated, by operation of law, regardless of any notification or interpellation, judicial or extrajudicial, in the following cases: (a) for breaching any of its provisions, by any of the parties, in such a way as to obstruct the execution of its purpose/object; (b) if the USER, in any way, compromises the public image of CMOV and/or any company associated with it in the service provision; (c) if the USER employs practices that disrespect the law, public order, morality, good customs, or this Term and the security and privacy policy; and (d) failure to pay one or more of the SERVICE FEES concerning the services.
CLAUSE 10 – INTELLECTUAL PROPERTY
10.1. The commercial use of the expression "CMOV" as a business name or domain name as well as the contents of the screens related to CMOV's services and TOOLS as well as the programs, databases, networks, files that allow the USER to access and use their REGISTRATION are property of CMOV and are protected by international copyright laws and treaties, trademarks, patents, models and industrial designs. Misuse and total or partial reproduction of these contents are prohibited, unless authorized by CMOV.
10.2. The CMOV Platform may link to other internet websites, whether they are CMOV's partners or not, which does not mean that these websites are owned or operated by CMOV. As CMOV has no control over such websites, it shall not be liable for the content, practices and services offered on them. The inclusion of links to other websites does not imply a partnership, supervision, complicity or solidarity relationship between CMOV and such websites nor their content.
10.3. The reproduction, exhibition, distribution and/or alteration of any of the materials, services and contents of the CMOV Platform must be expressly authorized by CMOV, since its use by the USER does not mean, under any circumstance, the assignment or transfer of the rights over its intellectual property, as well as that of third parties.
CLAUSE 11 – GENERAL PROVISIONS AND COURT OF JURISDICTION
11.1. The USER expressly agrees that CMOV and/or any of its partners send e-mail messages of an informative nature to its subscribers, referring to specific communications inherent to the services rendered under this Term, as well as of a commercial nature, including,. e.g., offers from CMOV partners, news in the CMOV Platform, among other information. In case the USER no longer wishes to receive such messages, they may request the unsubscription through the CMOV Platform or through the link in the e-mail received.
11.2. In order to maintain and meet the latest market requirements and technological development, CMOV can modify, at its discretion, both in form and content, suspend or terminate, at its sole discretion, at any time, any of the services, CMOV TOOLS, products, utility or application, provided by itself or by third parties, with prior notice to the user, including in relation to the services provided under this instrument.
11.3. CMOV's tolerance with the USER, in relation to any breach of the obligations assumed, shall not be deemed novation or waiver of any rights, constituting mere liberality, which will not prevent CMOV from subsequently requiring full compliance with the conditions laid down in these Terms, at any time.
11.4. USERS are able to make complaints, suggestions and other questions regarding this Term through the email contato@cmov.com.br, which is a direct channel between CMOV and the USER.
11.4.1. CMOV's answers to the senders of the e-mails mentioned in the previous paragraph, as well as any other announcement, notification or message inserted on the website, shall be considered valid and effective.
11.5. The USER may not assign their REGISTRATION to third parties or other USERS. On the other hand, CMOV may, regardless of any warnin or notice, assign CMOV Platform services, in whole or in part, to associated companies or economic groups, at any time.
11.6. All items of this Term are subject to the laws of the Federative Republic of Brazil. For all matters relating to its interpretation and application, the parties will submit to the Central Courthouse of Rio de Janeiro, State of Rio de Janeiro, except for complaints made by USERS who qualify under the legal concept of 'customer', which may submit to the courthouse of their own jurisdiction.
CLAUSE 12 – FINAL STATEMENTS
12.1. The USER declares and expressly agrees: to be over 18 years old and to have legal capacity, or if younger than 18 years old, to have the express consent of their parents or legal guardians; b) to install and maintain Anti-virus, Anti Spyware and other software updated to prevent the violation of the system used to access CMOV TOOLS; c) not to use the services object of the present Term for any illicit transactions or for the purchase or sale of illicit products and/or services; d) to keep the secrecy of their registered account PASSWORD, not providing it to third parties e) to immediately notify CMOV if aware of any security breach related to the service or unauthorized use of its USERNAME and PASSWORD; f) to be financially able to support the payments, costs and expenses resulting from this Term g) to recognize that this Term is formalized, binding the Parties, with the electronic acceptance by the USER, which is be done by clicking on the "I accept the Terms of Use" button; h) that they have read and are aware and fully agree with all these terms and conditions, which is why they accept it willingly.
12.2. Therefore, in view of the clauses of this Term, the USER completely agrees with these provisions, committing to irrevocably and irrevocably respect the conditions set forth herein, as well as to use, in a beneficial and legal way, the services offered.
CMOV's priority is to ensure the privacy and security of the information of registered users (“User”).
Therefore, this Privacy Policy has the main purpose of defining the policies adopted by CMOV regarding the collection, use and disclosure of personal information. By using the CMOV Platforms, the user acknowledges and accepts the adoption of the practices, as described herein and established by the Brazilian legislation, mainly the Internet civil framework.
CMOV reserves the right to modify this Privacy Policy at any time. All changes will be notified through our official means of communication with the User who, by remaining in the system, demonstrates agreement with the modifications.
CMOV's purpose in allowing the User to voluntarily enter their information is to ease the navigation of CMOV's Platforms and the use of its tools, mainly the execution of commercial transactions, according to commands entered by the Users themselves. Therefore, the User's pro-activity in entering their data means that they wish to benefit from CMOV Platforms tools and agree with the privacy terms.
To become a User, the first step is your personal registration as an individual, where full name, date of birth, gender, NIN, landline, cell phone, login, email, password and data for payments of the holder are data that may be required. If the interested User is a legal entity, other information will be necessary to finish the registration, such as the company's corporate name, National Register of Legal Entities, besides the same information provided in the registration of the individual, but in relation to its legal representative.
The information may be added both during the registration and at a later time of the User's preference to change their personal or company profile. Among the possibilities of additional information, it is worth emphasizing that the User's personal data, except for their identification on CMOV Platforms, will never be displayed to other Users, and the User will only have full access to CMOV Platforms, such as achieving the processing of transactions when their registration is complete.
The User has the right to access, modify, correct and delete the data about them referring to their decision to become one. If the User updates any information, they will remove their data for future consultation, but some information will remain archived, for CMOV’s sole and exclusive purpose of being able to meet the legal requirements of Internet civil framework.
Regarding more important changes, CMOV Platforms make use of password encryption and email confirmation protocols.
CMOV Platforms make use of "cookies" and "web beacons" (data automatically downloaded in the User's computer that display their internet activities, demographic data, traffic flow and User's behavior) to allow their correct identification, besides improving the quality of the information offered to the Users in its portal. The regular use of cookies and web beacons is an acceptable practice in the industry, as it allows the storage of important information, such as the User's accesses to CMOV's Platforms, so that repeated or outdated content is not presented later on. If the user doesn't want to receive cookies, or wishes to be notified in advance before using them, they should program, at their discretion, their Web browser with these options, if it has such feature.
In addition to the personal information provided, CMOV Platforms have the technological capability to collect other technical information such as the User's Internet protocol address, computer operating system, browser type and reference website address.
As previously determined, CMOV will not provide User information to third parties without the User's prior consent, except in cases where it is necessary to respond to legal requests from governmental entities, only within the limits of Internet civil framework, with the purpose of protection of rights, properties and/or safety of the CMOV Platforms, its Users and/or the general public.
CMOV shall, at its discretion, examine the information stored in its databases in order to identify Users with multiple identities or aliases for legal and/or security purposes, to settle any disputes, solve problems, and ensure that Users are not using CMOV's Platforms for unlawful purposes, under the terms and conditions of this Privacy Policy. On the other hand, if CMOV is required by law, court order or other legal process, to disclose any of the User's personal information, it will not hesitate to cooperate with these agents, within the limits provided for in the Internet civil framework. Thus, by means of this instrument, the User authorizes CMOV to disclose such personal information to meet the aforementioned purposes only.
CMOV also declares for all due purposes that it makes its best efforts to ensure the Users' Privacy Protection on the CMOV Platforms, with security systems that ensure the total protection of such data, as it has as policy the non-participation in the practice of selling or exchanging personal data with third parties for promotional purposes.
The information provided by the User and registered due to the system usage, and that does not make them personally identifiable (such as the navigation pattern) will be used by CMOV and will serve as inputs for the mapping of market information, formation of statistics of CMOV Platforms and the targeting of its marketing actions. By registering, using and providing information to CMOV, the user deliberately accepts the Terms of Use and conditions of the Privacy Policy on the use of their information.
The information provided by the user that makes them personally identifiable has the purpose of making the users of the CMOV Platforms relate to other users, and in order to meet, solely and exclusively, the commands carried out on the CMOV Platforms.
Additionally, the information provided is used to:/ (i) manage the Users' account in order to increasingly customize the services; (ii) process the commands requested by the Users themselves directly on the CMOV Platforms; (iii) communicate updates regarding the CMOV Platforms; (iv) when authorized at the time of registration, communicate news and marketing actions of CMOV or partners through opt-in technology; and/or (v) when required by the authorities, within the limits of the Internet civil framework, meet these bodies investigation requests.
In this sense, in order to close their account at CMOV or request their unsubscription from the messages received, the user may access the unsubscription link at the end of the emails, the settings panel directly on the CMOV Platforms, or request it through contato@cmov.com.br.
It is the User's duty to comply with these Terms of Use and Privacy Policy, which includes respecting intellectual property of third parties.
The User must not download, upload or otherwise disseminate material or information of a violent, offensive, racist, xenophobic and homophobic nature or any that violates the spirit and objectives of CMOV and its user community.
The User shall not provide to CMOV and/or any other User information that they believe to be harmful to their person - professionally or socially. Thus, when posting comments on public places of CMOV Platforms or on any CMOV communication channel, the User must consider that such information will be viewed by others and the general public.
The login and password that grant access to the registration are personal and non-transferable, which is why CMOV is not responsible for any unauthorized manipulation of such information by third parties, and therefore, the User must take all necessary measures to keep such information confidential.
The user undertakes to immediately notify CMOV through the "Contact Us" section on www.cmov.com.br website, regarding any unauthorized use of their account, as well as unauthorized access by third parties. The User will be the only one responsible for the operations performed in their account, since the access to it will only be possible by entering a password, whose knowledge is exclusive to the User.
Information from minors cannot be submitted to CMOV Platforms by those under the age of 18 without the prior consent of their parents or legal guardians. It is strictly forbidden for minors to browse and use the several tools on the CMOV Platforms without such consent. Upon acceptance of these terms, it will be tacitly understood that consent was given by parents or legal guardians, who are solely responsible for the content viewed by minors.
If the User has any questions or suggestions about the CMOV Platforms, they can forward an email to contato@cmov.com.br.
