GENERAL TERMS AND CONDITIONS OF
USE
1.
Introduction
1.1. The General Terms and Conditions of Use ("Term")
now established must be carefully read, understood and fully accepted for the
registration and use of the services related to physical or virtual events ("Events"), organized and
promoted by Francal Feiras e Empreendimentos Ltda., registered under the CNPJ /
MF number 50.230.978 / 0004-60 ("Organizer"), developed in physical venue or
available through the EuVou platform ("Platform"), which access and use by the
events users and vistiors ("Users" and "Visitors"), is subject
to their full agreement and adherence.
1.2. This Term establishes the rules for
participation in Events promoted by the Organizer, whether those are held in
physical or virtual venues. The non-acceptance of the rules expressed in this
Term will not allow the access to the Events and the use of the Platform,
considering that they are mandatory. If there are any doubts, please e-mail us at
dados@francal.com.br
.
2.
General
Information
2.1. The present Terms rule the
services offered by the Organizer, which consist of enabling (i) the
access/ticket sales to Visitors and Users interested in visiting the physical
or virtual events; (ii) the Visitors and Users registration in order to allow
their access to the events; and (iii) the organization of the event in physical
or virtual venues.
2.2. The virtual or physical booths are under the
responsibility of the Exhibitors, who are solely responsible for estabilishing
the conditions for their products and services sales. The Organizer is not
responsible for the exhibiting booths, however it can verify if Exhibitors are
complying with rules and obliglations.
3.Users and Visitors Registration
3.1. The registration on the Platform is free
of charge, however, the services offered can be charged according to what was
determined for the Event and established in this General terms
and conditions of use.
3.2. For registration, Visitors and Users should
provide accurate information, making a commitment to update their personal data
whenever necessary or when required. If we have any indication the registered
information is not true, we have the right to cancel the account as well as to
refuse the offer of our services.
3.2.1. The
Organizer is not responsible for the data veracity or assertiveness inserted
during the registration, and the creation of fake profiles on the Platform may
be considered a crime of fake identity, ideological falsehood or fraud.
3.3. If the Organizer verifies the existence of
suspicious activity, it may, at any time and at its sole discretion, confirm
the identity and personal data of the Visitor and / or User, thus being able to
request personal documents or other forms of proof.
3.3.1. Any mistake or delay in the process of
sending or confirming the Visitors and Users identities, which generate loss or
damage of any nature, is considererd their responsibility.
3.4. Without
prejudice to other measures, the Organizer may warn, suspend or cancel the
Users and Visitors registration, refusing to provide the services described in
these Terms, if they:
a) Do not comply with any rule mentioned in
this Term or any other Organizer policy.
b) Commit fraudulent or willfull acts;
c) Cause
any type of damage or loss to a third party or to the Organizer, when visiting
the Event and / or Platform.
3.5. As
a condition to use the Platform and visiting the Events, Visitors and Users
agree to indemnify and exempt the Organizer, its representatives, directors,
partners, employees and agents from any claims, processes, losses, liabilities,
damages and expenses arising or related to: (i) violation by Users and Visitors
of any of the declarations, warranties and obligations set forth in this Term;
and (ii) any acts and omissions of Users and Visitors before, during and after
using the Platform and / or visiting the Events, regardless of intent.
3.6 When making the registration, Users and
Visitors should declare that:
a) they
have the civil capacity to practice all acts of civil life and the conclusion
of legal transactions and the acceptance of the Term now established;
b) they agree with the processing of personal data
for registration and safe purposes, which are: complete name, e-mail, cell
phone number, ID number, company name, complete address and company phone
number
c)
They are aware of and in agreement with the content of the "Health and
Safety Protocol" (https://francalfeiras.com.br/protocolo-de-seguranca-sanitaria-ing/)
, which aims to contain the dissemination of Covid-19 in the environment of the
Organizer's events, in compliance with the impositions issued by the sanitary
and government authorities, considering that preventive measures for the spread
of the virus may be adopted by the Organizer, including, but not limited to,
the requirement to use face mask; stipulation of social distancing; request to
present vaccination certificate - physical or digital - with complete
vaccination schedule -; request to present the RT-PCR exam - in case of
incomplete vaccination - etc.; everything as outlined in the mentioned "Health
and Safety Protocol";
d) they
assume full responsibility (including civil and criminal) for the accuracy and
veracity of the information required in the registration form, which can be
verified at all times by the Organizer.
3.7.
In case Users and Visitors wish to cancel their respective registrations, they
must send a request to dados@francal.com.br.
The cancellation will be made within 7 (seven) days after the request.
3.8. The Organizer may send notices through general
notifications on the Platform, SMS, e-mail to the e-mail address registered in
the Users and Visitors accounts or by written communication by mail. Users and
Visitors may notify the Organizer by e-mail at dados@francal.com.br .
3.9. Users are solely responsible for observing and complying with the
terms set forth in the "Health and Safety Protocol" (https://francalfeiras.com.br/protocolo-de-seguranca-sanitaria-ing/),
as mentioned in item "c" above, being the Organizer exempt from any
responsibility for damages and losses caused to the User and/or third parties,
due to non-compliance with the recommended measures.
4. Access to the Events
4.1. The Users and Visitors access their
account through the personal and non-transferable login and password. They
commit not to inform such data to third parties, taking full responsibility for
the use of them to notify the Organizer immediately of any unauthorized use of
their account, badge or any other security breaches.
The Organizer will not be responsible for any losses and damages
resulting from unauthorized access or use of the account.
4.2. Only
the Platform account holders are able to access their personal information and
make updates/changes when it is necessary, while logged in.
4.3. In the same way, only registered Visitors
may have access and use the badge with their data, considering its personal and
non-transferible nature.
5. Users and Visitors
Responsibilities and Obligations
5.1. Users
and Visitors agree to use the Platform, as well as visit the Events, in an
ethical and appropriate manner for the purposes set out in these Terms, in
compliance with the Brazilian law, committing themselves to abstain from any
activity that constitutes a violation of said rules.
5.2. When
using the Platform and its functionality, Users and Visitors are obliged to:
a) Enter
correct, complete and updated data when acquiring access to the Platform;
b) If
applicable, pay the amount charged on the credit card, if this is the chosen method
of payment;
c) Provide all information and documents requested by the Organizer, if any
proof is required;
d) not sharing your account access information as well as your badge, which is personal and non-transferable, with third parties for security reasons.
e) Exempt the Organizer from any responsibility for
the services and products provided by the Exhibitors, making it clear that the
Organizer 's role is only to enable contact between the Exhibitors, Users and
Visitors;
f) Observe
the minimum requirements for using the Platform, provided by the its developer
and manager.
5.3.
In all cases, the Organizer, at its sole discretion, may still refuse to
provide any services, regardless of the motivation, without this being a
limitation of rights.
6. Access and Cancellation
6.1. The
accesses and badges acquired through the Platform will be available to Users as
soon as the forms are duly completed and, if necessary, when the payment is
approved.
6.1.1. Users
and Visitors are responsible for maintaining their anti-spam systems, filters
or similar, so that they do not interfere with the receipt of communications
and materials from the Organizer, and no excuse is acceptable if they had no access
to any e-mail or electronic message due to the mentioned resources, which will
not generate any kind of expectation of rights or indemnity to Users and
Visitors.
6.2. The accesses and badges acquired through
the Platform are nominal.
6.3 The Access and / or badges may be canceled within 7 (seven) days
from the date of acquisition. The access and / or badge cancellation is under
the exclusive responsibility of Users and Visitors and must be requested by
e-mail at dados@francal.com.br
. The cancellation will be done within 48 hours prior to the event.
6.4. If
it is necessary to reimburse the Users and Visitors, the Organizer must do it
through the Platform, and reimbusrsement through different payment means is
prohibited.
6.4.1 After the Organizer starts the refund procedure, for purchases
made by credit card, the User and / or Visitor will receive a notice confirming
the access cancellation and the refund will be made immediately and
automatically.
6.4.2. The
User and / or Visitor will be responsible for any mistake or delay in the
registration of bank details for the reimbursement.
7. Intellectual Property Rights
7.1. The
use of the events names, company name or domain name, as well as the contents
of the screens related to the Organizer services, are the property of the
Organizer and are protected by international laws and treaties of copyright,
trademarks, patents, models and industrial designs. The improper use and the total or partial
reproduction of the referred contents are prohibited, except with the prior and
express written authorization of the Organizer.
7.2. The
pages of the events may contain links to other sites, which does not mean that
these sites are owned or operated by the Organizer, which has no control over
these third party sites, which is why it will not be responsible for their
content, practices and services offered. The presence of links to other sites
does not imply a relationship of society, supervision, complicity or solidarity
of the Organizer with these sites and their contents.
8. Users and Visitors Privacy
8.1. The Organizer has its own document, called
"Privacy Policy", which regulates the treatment given to information
and personal data collected through the Platform and its functionalities, as
well as through Events organized in physical venue.
8.1.1. The "Privacy Policy" is an integral and
inseparable part of these Terms and can be accessed through this link link https://francalfeiras.com.br/privacy/
9. Limitation of Liability
9.1. It
is expressly established that the Organizer does not have control over the acts
and actions practiced by Users and Visitors. In this way, the Organizer will
not be responsible for the actions of Users and Visitors, including those of an
illicit, immoral or unethical nature, being solely responsible for answering
legally to third party complaints or legal demands, and must keep the Organizer
free from any burden or liability.
9.2. The Organizer is not responsible for any damage,
direct or indirect, caused by third party events, such as hacker attacks,
system, server or internet connection failures, including actions by malicious
programs such as viruses, Trojan horses, and others that may, in some way,
damage the equipment or the users' connection due to access, use or navigation
on the Platform.
9.3. The organizer is not
responsible for any audio, vídeo or any data transmitted or shared on the
Exhibitors' virtual stands.
10. General Provisions
10.1. The
Organizer is not responsible for any damage or loss caused by information or
advertisement sent by third parties, nor for the content of opinions posted on
the pages of the Virtual Events.
10.2. When
browsing the Platform and using its features, Visitors and Users accept all the
provisions of the Terms of Use and other legal policies that are in force on
the date of access.
10.2.1. The
services offered on the Platform are aimed at people over 18 (eighteen) years
old, with a valid personal document and e-mail address.
10.3. These
Terms are subject to constant improvement. Thus, the Organizer reserves the
right to modify them at any time, as needed, such as for the adjustment and
legal compliance of a provision of law or rule that has equivalent legal force,
and users are responsible for verifying it whenever accessing the Platform.
10.4. Any
tolerance for any breach of the terms and conditions contained in this domain
will be considered mere liberality and will not be interpreted as novation,
invocable precedent, waiver of rights, tacit change in contractual terms,
acquired right or contractual change.
10.5. If
any provision of these Terms is deemed to be inapplicable or ineffective, the
rest of the rules continue to apply, without the need for legal action to
declare such an assertion. The Terms described herein will be interpreted in
accordance with Brazilian law.
10.6. Communication
between the Organizer, Visitors and Users must be done through the service
channels indicated and made available on the Platform, especially by e-mail dados@francal.com.br
11. Governing Law and Choice of
Forum
11.1. The relationship between the parties is governed
exclusively by Brazilian law, regardless of the home address of Users and
Visitors.
11.2. The Court of São Paulo, State of São Paulo, is
hereby elected as the authority to settle any disputes arising from the use of
the Platform, as well as from participation in Events held in physical venues,
excluding any other however privileged it may be, being that the provision
applies regardless of the home address or access location of the Users and
Visitors, of which they expressly agree.
Last update: Oct/2021