GENERAL TERMS AND CONDITIONS OF USE OF POSTGRAIN APPLICATION
Last Update: 10/03/2020
Hello, welcome to the general terms and conditions of use of
POSTGRAIN!
These terms apply to this website and to the services provided by CASP
SOLUÇÕES INFORMÁTICA LTDA., A legal entity governed by private law, duly
registered with CNPJ / MF under the number 16.694.290 / 0001-50, with
headquarters at Avenida Governador Agamenon Magalhães, 2939 , Rooms 408
and 409, Espinheiro, Recife – PE, CEP:52020-000.
They regulate the use of the profile management platform on the
“Instagram” application offered by POSTGRAIN, registered under the
electronic address
https://postgrain.com.
An updated copy of these general terms and conditions of use will be
available at https://postgrain.com/en/terms-of-use/
Please read these Terms, our Privacy Policy, Refund Policy, and any other
terms mentioned carefully, so that your experience using POSTGRAIN will be
the best as possible.
CHAPTER 1 – ON THE AGREEMENT ON THE GENERAL TERMS AND CONDITIONS OF USE
FIRST CLAUSE – ON THE AGREEMENT
1. All those who wish to have access to the services
offered through the POSTGRAIN application must first inform themselves
about the rules that make up this instrument, which will be available for
prompt and wide consultation, via a direct link in the application
itself.
1.1. IF THE USER DOES NOT AGREE TO THESE TERMS, THEY MAY
NOT USE THE SERVICES MADE AVAILABLE BY THE POSTGRAIN PLATFORM OF INSTAGRAM
PROFILES MANAGEMENT.
1.2. BY AGREEING TO THE TERMS OF THE PRESENT GENERAL
CONDITIONS, THE USER DECLARES TO HAVE READ THIS AGREEMENT FULLY, MAKING
THE ACT OF CONTRACTING RIGHT AND PERFECT.
1.3. BY COMPLETELY AGREEING TO THE TERMS OF THE PRESENT
GENERAL CONDITIONS, THE USER ALSO DECLARES TO BE AGREEING TO
THE PRIVACY POLICY AND THE REFUND POLICY OF THE POSTGRAIN
APPLICATION, ATTACHED IN ANNEX.
1.4. After the agreement to this contract and using the
POSTGRAIN application, the USER fully accepts these rules and is committed
to comply with them, under the risk of suffering the applicable
penalties.
1.5. Before starting any navigation on the application,
the USER should be aware of any occasional changes or updates that have
occurred in these terms. The USER can also be notified by e-mail or
directly in the application about any changes in these rules.
Sole Paragraph. The express unreserved agreement to the
terms of use, assigns the condition of user of the service (hereinafter
referred to as “USER”) and declares its full agreement to what was
provided by POSTGRAIN at the exact moment when using the service. In
addition, the USER is bound by all other notices, regulations, and
instructions that integrate and complement this contract, such as
the privacy policy and the refund policy.
CHAPTER 2 –
ON THE PURPOSE OF THE CONTRACT
SECOND CLAUSE – ON THE PURPOSE
2. The purpose of this contract is the establishment of
norms aimed at regulating the use of the services of POSTGRAIN application
of content management on INSTAGRAM.
Sole Paragraph. The tool will provide an settings panel
that allows you to send or schedule publications.
CHAPTER 3 –
ON THE SERVICE PROVIDED
FIRST CLAUSE – ON THE SERVICE
3. The USER, after agreeing to the present term and
general conditions of use and other regulations attached, will have access
to the POSTGRAIN management platform.
3.1.The USER can find the description of our service
options on the platform.
3.2. POSTGRAIN gives the USER an option of “free trial”
of the service for up to 7 (seven) days. We recommend that all users use
it and get to know the service before hiring any plan.
3.3. Even in the aforementioned free option, the USER
must first agree to these terms and other annexes to use the
service.
3.4. The other service options require payment for the
plans chosen by the USER in order to be used. These are the recurring paid
subscription services:
-
From 1 to 5 profiles added, R$29,90 (BRL) per profile will be charged
monthly;
-
From 6 to 10 profiles added, R$19,90 (BRL) per profile will be charged
monthly;
-
Above 11 profiles added, R$ 9,90 (BRL) per profile will be charged
monthly
Further information on the subscription fees can be found in the link
below:
https://postgrain.zendesk.com/hc/pt-br/articles/360047979393
CHAPTER 4 – ON THE NAVIGATION
FOURTH CLAUSE – ON THE NAVIGATION
4. The administrators of the POSTGRAIN application are
committed to using all the technical solutions at their disposal to allow
access 24 (twenty-four) hours a day, 7 (seven) days a week.
4.1. However, access to the application or to some of
its pages may be interrupted, limited, or suspended at any time in order
to carry out updates, content modifications, or any other action deemed
necessary for its proper functioning.
4.2. The present term and general conditions of use and
other annexes (privacy policy and refund policy), apply to all extensions of the POSTGRAIN application on social
networks or communities, both those already existing and those yet to be
implemented.
CHAPTER 5 – ON THE MANAGEMENT
FIFTH CLAUSE – ON THE MANAGEMENT OF THE APPLICATION
5. For good management, the administrators of the
POSTGRAIN application may, at any time:
a) Suspend, interrupt, or limit access to all or part of
the application to a specific category of USERS;
b) Remove all information that may disturb the operation
of the application or that is in conflict with rules of Brazilian law or
international law, as well as in conflict with the provisions provided for
in this term and other annexes.
c) Suspend the application in order to carry out updates
and modifications, as provided in the fourth clause and its items.
CHAPTER 6 –
ON THE PROVISIONS RELATED TO THE REGISTER, ON THE USE AND
CUSTODY.
SIXTH CLAUSE – ON THE REGISTER, THE USE, AND CUSTODY.
6. The services made available on the POSTGRAIN
application can be accessed by people over 13 years of age and under 16
years of age, considered fully incapable under Brazilian law, and who must
be duly represented by their legal representatives, who are responsible
for the compliance with the present rules.
6.1. The services provided in the POSTGRAIN application
can also be accessed by people over 16 years of age (relatively
incapable), who will be properly assisted, and the assistant must ensure
the legality of the acts performed or legal business celebrated by the
assisted.
6.2. In addition, the services provided in the POSTGRAIN
application can also be accessed by people over 18 years of age, fully
capable and responsible for the acts performed in civil life.
6.3. Finally, all those who do not have full civilian
capacity – emancipated under 18 years of age, prodigal, habitual drunks or
addicted to drugs, and people who cannot express their will, for a
temporary and permanent reason – must be duly represented and assisted by
their legal representatives or assistants, who are responsible for the
compliance with these rules, respecting the minimum limit of 13 years of
age to use this platform.
6.4. The USER recognizes that it is essential for the
use of the service to correctly fill out and obey the rules imposed in the
POSTGRAIN registration form, obliging himself to fill it with true data
and exempting POSTGRAIN from any responsibility for losses generated by
false data or inaccurate information provided in the register.
6.5. For proper registration with the service, the USER
must provide the required data in full. All information provided by the
user must be accurate, true, and up to date. In any case, the user will be
held accountable, in civil and criminal instances, for the veracity,
accuracy, and authenticity of the informed data.
6.6. The USER must provide a valid e-mail address,
through which the application will make all necessary contacts. All
communications sent to that address will be considered read by the user,
who, therefore, commits himself to regularly consult his received messages
and to respond to them within a reasonable time.
6.7. POSTGRAIN is not responsible for communications not
received due to the user’s email settings.
6.8. The USER, upon having the service activated, will
inform a “login” (nickname) and a personal password to the settings panel,
which he must use to access his account in the POSTGRAIN application. This
connection data may not be communicated by the user to third parties, and
he is entirely responsible for their use.
6.9. The USER commits to notify the platform
administrators, immediately, in case of loss, theft, any risk or
unauthorized use of their access passwords by third parties, such as
suspicious or unexpected activities in their account.
6.10. The USER commits to notify the platform
administrators, immediately, in case of loss, theft, any risk or
unauthorized use of their access passwords by third parties, such as
suspicious or unexpected activities in their account.
6.11. POSTGRAIN is not responsible for lost, modified
access passwords by the USER, or for passwords whose combination is
considered too “weak”, susceptible to being forced or guessed in any
way.
6.12. It will not be allowed to assign, sell, rent or
transfer, in any way, the account, which is personal and
non-transferable.
6.13. The USER who fails to comply with any of the rules
contained in this instrument will be automatically unsubscribed, being
forbidden to re-register in the application.
6.14. The USER may, at any time and without
justification, request the cancellation of his subscription with the
POSTGRAIN application, through the option “cancel subscription” in the
settings panel. The cancellation will be carried out as soon as possible,
as long as open debts are not verified.
6.15. If the USER wishes to delete his registration
in the POSTGRAIN application, thus choosing not to continue with his
account on the platform, it is necessary to remove the profiles, log out
and no longer access the account.
Sole Paragraph. After performing the process indicated
in item 6.15 of this clause, within 48 (forty-eight) hours the account
will be inactive. However, if the USER logs in again within that period,
the process of deleting the registration will be interrupted.
CHAPTER 7 – ON THE RESPONSIBILITIES
SEVENTH CLAUSE – ON THE RESPONSIBILITY OF THE ADMINISTRATORS
7. The platform administrators will be responsible for
the defects and vices found by the services provided by the POSTGRAIN
application, as long as it has given them cause. Technical or operational
defects and vices originating in the USER’s own system will not be the
responsibility of the administrators.
7.1. The administrators are responsible only for the
information that is directly disclosed by them. Any information included
by the USERS is under sole and entire accountability of the latter.
EIGHTH CLAUSE – ON THE NON-RESPONSIBILITY OF THE ADMINISTRATORS
8. The administrators of the present platform will not
be responsible for:
a) For the intrinsic characteristics of the internet, mainly related to
the reliability and the origin of the information circulating in this
network;
b) For the contents or illegal activities practiced by the USERS through
their application;
c) For any information included by the USERS;
d) For the additional cases mentioned in this term and related annexes,
which are not the responsibility of the administrators.
NINTH CLAUSE – ON THE RESPONSIBILITY OF THE USERS
9. The USER is responsible for using the service in
accordance with the present Term and General Conditions of Use and other
POSTGRAIN rules and regulations applicable to the service, as well as in
accordance with the norms of the Brazilian law and international law,
morals and good customs, and public order.
9.1. The USER is responsible for using the service
properly, refraining from the practice of illegal acts, prohibited by law
and by the present Term and General Conditions of Use of the application
and other attached provisions, which are harmful to the rights and
interests of third parties, or that, in any way, may damage, disable,
overload or deteriorate the service, servers or equipment of other users
or other Internet users (“hardware” and “software”) through the practice
of “hacking”.
9.2. As described in Chapter 6 – on the registration,
the USER is responsible for the protection of access data of his own
account (login and password).
9.3. It is the responsibility of the USER to maintain
local copies of his files, since the service provided by POSTGRAIN does
not include the backup of the materials available on its website,
therefore POSTGRAIN is not responsible for any damages that the user may
suffer resulting from the loss, for any reason, of the material inserted
or stored in the sites of the platform in question.
CHAPTER 8 – ON THE CONDITIONS OF USE OF THE SERVICE
TENTH CLAUSE – ON THE PROHIBITIONS TO THE USERS
10. The service MUST NOT be used with the purpose of
storing, distributing, transmitting, spreading out or making available to
third parties, any type of content that, by itself, or which transmission
may:
a) contravene, disparage or violate fundamental rights,
and public or individual freedoms recognized in the Brazilian legal system
or in international treaties;
b) induce, incite or promote criminal acts, defamatory,
slanderous, violent or, contrary to the law, morals and good customs or
public order;
c) induces, incites or promotes discriminatory actions,
attitudes or ideas based on sex, race, religion, beliefs, age or social
condition;
d) incorporate, make available or allow access to
products, elements, criminal, violent, pornographic, degrading messages
or, in general, contrary to the law, morals and good customs or public
order;
e) be protected by any intellectual or industrial
property rights belonging to third parties, without the USER having
previously obtained, from its holders, the necessary authorization to
carry out the use that he makes or intends to make;
f) be contrary to the right, honor, personal and family
intimacy or the very image of people;
g) constitute unlawful, misleading or unfair advertising
and, in general, constitutes unfair competition;
h) contribute, facilitate or encourage, in any way, the
practice of any form of infringement of the intellectual property rights
of any content made available on the internet;
i) can be considered as “spam”, that is, the publication
or mass sending of messages to thousands of people at the same time, with
the absence of the recipient’s authorization to use his/her email address,
in order to advertise services or products of a company, or that try to
induce users to supply personal data, to run programs that contain viruses
and other spamming practices.
j) include external links through the dissemination of
pages that contain any type of illegal, violent, controversial,
pornographic, xenophobic, discriminatory information, and other offensive
conduct or that go against the norms of Brazilian and international
law;
Paragraph One. In any of the above cases, POSTGRAIN may,
at its sole discretion, cancel the USER’s access and eliminate the
respective content, at any time and without the payment of any type of
indemnity, and the administrators must notify the user on the violation to
the General Terms and Conditions of Use and other annexes, and on the
conducts that will be carried out
Paragraph Two. If the USER violates the provision
contained in item “e”, he may be held liable for any damages caused to the
holders of intellectual or industrial property rights, thereby exempting
POSTGRAIN from any responsibility or co-responsibility.
Paragraph Third. Any decisions regarding the violation
of this General Terms and Conditions of Use and other annexes, will be
taken at POSTGRAIN’s sole discretion, which may also notify the police and
judicial authorities about the existence of illegal content in the users
account, as well as notify any conduct that, in the opinion of POSTGRAIN,
is considered inappropriate, providing copies of this content in other
users’ documents, regardless of prior consent.
Paragraph Four. The USER commits to use the
platform in a healthy and well-intentioned manner, therefore, POSTGRAIN
reserves the right to suspend any accounts that abuse of the platform
through any available means and for any purpose.
Paragraph Five. The USER hereby declares that he is the
only and exclusive responsible for the content inserted by him, and
POSTGRAIN does not have any responsibility or control over this.
As a result of this declaration, the USER is obliged, in case of being
called to legally answer for the practice of an unlawful or illegal act as
a result of the referred contents, in order to exempt POSTGRAIN from any
responsibilities, as well as request the exclusion from the process, if
applicable.
CHAPTER 9 – ON THE NOTIFICATION OF OCCASIONAL CHANGES TO THE USER.
ELEVENTH CLAUSE – ON THE NOTIFICATION
11. POSTGRAIN reserves to itself the right to modify, at
any time, the presentation and configuration of the service, as well as
the present term and general conditions of use, or any other regulations
and standards that influence the service.
11.1. In case of force majeure events that do not allow
POSTGRAIN to communicate changes or eventual failures in the service in
advance, the USER hereby allows POSTGRAIN to suspend the provision of the
service and terminate this contract, and it is now agreed that it will
inform of the event and its cause for USER’s awareness.
11.2. POSTGRAIN will not refund payments made by the
USER in the event of a temporary or permanent interruption of the service,
and in this act, the USER expressly agrees with such policy, without any
restrictions.
11.3. The USER must always keep his registration updated
with POSTGRAIN, providing at least one working email address, so that he
can receive messages and notifications. POSTGRAIN is not responsible for
messages not received due to the user’s email settings.
CHAPTER 10 – ON THE EXTERNAL LINKS
TWELFTH CLAUSE – ON THE EXTERNAL LINKS
12. The POSTGRAIN application contains external links
redirecting the USER to other internet pages that do not concern
POSTGRAIN, over which the administrators do not exercise control.
12.1. The fact of having a link to a third party website
is not an endorsement /clearance, authorization, or representation of our
affiliation with that third party.
We do not exercise control over third party websites.
12.2. Despite the prior and regular checks carried out
by the administrators, they disclaim any responsibility for the content
found on these sites and services.
12.3. These other sites may place their own cookies or
other files on your computer, collect data, or request personal
information from you.
12.4. These other sites may have different rules
regarding the use or disclosure of the personal information you send
them.
We encourage you to read the privacy policies or statements of other
websites you visit.
12.5. Links may be included in the pages and documents
of the POSTGRAIN application, by USERS, as long as they respect the
specific prohibitions highlighted in the tenth clause, item “j”, as well
as the other provisions listed in this term and in its annexes.
CHAPTER 11 – ON THE COPYRIGHTS
THIRTEENTH CLAUSE – ON THE COPYRIGHTS
13. The structure of the POSTGRAIN application, as well
as the texts, graphics, images, photographs, sounds, videos and other
computer applications that comprise it, are the property of administrators
and are protected by Brazilian and international legislation regarding
intellectual property.
13.1. Any representation, reproduction, adaptation,
whether partial or total exploitation of the contents, brands and services
provided by the application, by any means whatsoever, without prior,
express, and written authorization from the administrators, are strictly
prohibited, where they may resort to the applicable civil and penal
measures.
13.2. The USER is also responsible for the copyrights of
third parties in relation to documents inserted in the platform, whether
photos, videos, or texts, including content for the purposes of
participating in promotions.
13.3. Access does not generate for the USER any
intellectual property rights related to elements of the application, which
remain under the exclusive property of the administrators.
13.4. The USER is prohibited from including in the
application, data that can modify its content or appearance.
CHAPTER 12 – ON THE USER’S SETTINGS
FOURTEENTH CLAUSE – ON THE SETTINGS
14. Despite not having direct access to the database of
the POSTGRAIN program, all the files and content inserted for this
contract belong to the USER, such files and content may be accessed
through the settings panel.
CHAPTER 13 – ON THE RIGHTS OF THE USER.
FIFTEENTH CLAUSE – ON THE RIGHTS
15. Upon contracting the services described by
POSTGRAIN, the USER has the following rights:
a) Use all services made available by the platform which
are the object of this contract.
b) Host the related files, send files and use the
database.
Paragraph One. The rights aforementioned must be
exercised taking into account the limitations imposed by the contracted
service, set forth in this General Terms and Conditions of Use and other
attachments.
Paragraph Two. In addition to the provisions above, the
USER is guaranteed to all rights provided in Brazilian law and
international treaties.
CHAPTER 14 – ON THE CHANGES TO THE SERVICE AND TO THIS TERM AND OTHER
ANNEXES
SIXTEENTH CLAUSE – ON THE CHANGES
16. The user is aware and agrees that the service may
change from time to time without notice.
16.1. Such changes include, without limitation, changes
in fee and payment terms, security updates, features added or removed, and
other improvements or restrictions.
16.2. Administrators reserve the right to modify, at any
time, this term and its annexes, especially to adapt them to the evolution of the POSTGRAIN application,
either by the provision of new rules, or by the suppression or
modification of those that already exist, which no longer fit the
application’s goals.
16.3. The platform cannot be held responsible at the
request of the USER or a third party in the event of any modification,
price change, suspension or discontinuation of the service.
16.4. POSTGRAIN can change its rates and payment terms
for the service, at any time, publishing them in the application,
respecting, however, the validity of the plans already contracted, without
additional charge.
16.5. The USER declares, in this act, to be aware that
in cases resulting from force majeure, emergency maintenance or unexpected
service drops, it will not be possible to notify you in advance. POSTGRAIN
does not offer any type of guarantee or refund due to instability
resulting from facts described in this clause and its items.
CHAPTER 15 – ON THE SERVICE OFFER, CHARGING AND BILLING, THE RENEWAL
AND CANCELLATION, AND ON THE REFUND POLICY
SEVENTEENTH CLAUSE – ON THE SERVICE OFFER
17. POSTGRAIN provides customers with an online catalog
showing exactly the services and plans to be sold.
17.1. The services are described and presented with the
highest degree of precision possible, containing correct, clear, precise
and overt information about their characteristics.
17.2. The prices of the plans referring to the sale of
the service provided by POSTGRAIN are specified in the online catalog,
as well as the option of using the free service for a period of 7 (seven)
days, as already provided in the third clause of this contract.
17.3. Before finalizing the purchase on a specific plan
and service, the USER must inquire about its specifications.In the case of
a product or service acquired within the scope of offers, the USER must
also observe the conditions for their application.
17.4. Regarding the free option to try the service for
up to 7 days, after using the mentioned period, access to the available
resources are immediately suspended, if the user does not remove the
profiles within the same period, the removal will be done by the
application itself.
EIGHTEENTH CLAUSE – ON THE CHARGING AND PAYMENT
18. The service is provided to the USER upon payment of
the amounts previously stipulated according to the type of service offered
in the chosen and contracted plan.
18.1. The seller reserves the right to modify the prices
of the plans and services provided, at any time, by publishing them in the
POSTGRAIN application.
18.3. The continued use of the service after the change
in the price of the plans and the due awareness of the USER through
publication in the application, characterizes the tacit acceptance of this
change.
18.4. Payment for the service will be made through
third-party companies with high reputation, according to the
determinations made by them at the time of contracting the service.
18.5. For USERS who pay for the plan contracted by
credit card, the only flags that are accepted by POSTGRAIN are “Visa” and
“Mastercard”.
18.6.POSTGRAIN does not have access to any credit card
data used by the USER to pay for the service.
18.7. The payment for the service is available in two
forms, a prepaid model and a recurring subscription model, as described in
the online catalog
of plans.
18.8. As described in item 18.7. above, the prepaid
payment model is EXCLUSIVE for former USERS of the POSTGRAIN platform,
that is, only for users with accounts registered between November 2013 to
January 2020 and who have purchased the referred model.
18.9. The provisions belonging to the online catalog of
plans, according to the link in item 18.7., Must be met by USERS at the
time of contracting the service, as well as by users who already have the
service provided by POSTGRAIN.
18.10. The USER agrees in advance to keep up with the
payments agreed with POSTGRAIN, being aware that the delay in payment may
result in the immediate interruption of services.
18.11. POSTGRAIN will not refund payments made by the
USER in the event of a temporary or permanent interruption of the service,
and in this act, the USER expressly agrees with such policy, without any
restrictions.
CLAUSE NINETEEN – RENEWAL, CANCELLATION AND REFUND POLICY
19. In the subscription model, the service renewal is
performed automatically, if the USER does not express the need for
cancellation after 30 days of use and payment for the service.
19.1. In the prepaid model, lasting 30, 90, 180 and 360
days, the service is renewed after the end of the term of the respective
contracted plan and with the insertion of a new credit.
19.2. The USER may, at any time and without
justification, request the cancellation of his subscription with the
POSTGRAIN application, through the option “cancel subscription” in the
setting panel. The cancellation will be carried out as soon as possible,
as long as open debts are not verified.
19.3. The USER hereby declares to be aware that when
canceling the subscription, the service may be immediately interrupted and
that there will be no refund of payment for unused days.
19.4. If there is the need for a refund to the USER, it
must be done as provided in the annex Refund Policy.
19.5. Finally, if the USER wishes to delete his registration
in the POSTGRAIN application, thus choosing not to continue with his
account on the platform, it is necessary to remove the profiles, log out
and no longer access the account.
Sole Paragraph. After performing the process indicated
in item 19.5 of this clause, within 48 (forty-eight) hours the account
will be inactive. However, if the USER logs in again within that period,
the process of deleting the registration will be interrupted.
CHAPTER 16 – ON THE EXCLUSION OF THE WARRANTS AND
ACCOUNTABILITY
TWENTIETH CLAUSE – ON THE EXCLUSION OF WARRANTS AND
ACCOUNTABILITY
20. POSTGRAIN disclaims any liability for damages and
losses of any nature arising due to unavailability or lack of continuity
of service.
20.1. In relation to privacy and security when using the
service, USER data will be stored and processed as provided in the annex
Privacy Policy.
20.2. POSTGRAIN does not guarantee the privacy and
security in the use of the Service by the USER, and therefore cannot
guarantee that unauthorized third parties will not access and,
occasionally, intercept, eliminate, alter, modify or manipulate in any way
the posted content made available on the service; or to intercept,
eliminate, alter, modify or manipulate in any way the files and messages
of any class that the USER transmits, stores or makes available to third
parties through the service.
20.3. POSTGRAIN disclaims all liability for damages of
any nature resulting from access, interception, deletion, alteration,
modification or manipulation of files and messages stored, transmitted or
made available by third parties not authorized to use the service.
CHAPTER 17 – ON THE SERVICE AND TECHNICAL SUPPORT
TWENTY-FIRST CLAUSE – ON THE SERVICE AND TECHNICAL SUPPORT
21. POSTGRAIN will provide technical support to its
users, subject to the following conditions and limitations:
a) POSTGRAIN will answer questions and provide
simple information to users through the website
http://postgrain.com/, through placing support calls.
CHAPTER 18 – ON THE ARCHIVES AND DATA AVAILABILITY
TWENTY-SECOND CLAUSE – ON THE FILES AND DATA
22. The files and data entered on the POSTGRAIN website
will be available to the USER for the term defined in the contracted plan
or until the end of the service’s existence, if it is unlimited.
22.1. The data regarding the managed content will be
stored within the site and the POSTGRAIN’s servers or contracted
ones.
CHAPTER 19 – ON THE SANCTIONS
TWENTY-THIRD CLAUSE – ON THE SANCTIONS
23. Without prejudice to other applicable legal
measures, the administrators of the POSTGRAIN application may, at any
time, warn, suspend or cancel the USER’s account that:
a) fails to comply with any of the provisions contained
in this instrument and its annexes, in particular the prohibited conduct
described specifically in the tenth clause must be observed;
b) fails to comply with his USER duties;
c) commits fraudulent or intentional acts;
d) the behavior of which constitutes or may imply an
offense or damage to a third party or to the application itself;
CHAPTER 20 – ON THE GENERAL PROVISIONS
TWENTY-FOURTH CLAUSE – ON THE EFFECTIVENESS
24. This agreement and other related annexes come into
effect on the date of the last update provided at the beginning of this
term and will be in effect for an indefinite period of time.
TWENTY-FIFTH CLAUSE – ON THE PREVALENCE OF THIS INSTRUMENT
25. The terms and provisions of this instrument will
prevail over any other contracts and other binding attachments previously
made between the USERS and POSTGRAIN, expressed or implied, regarding the
conditions established therein.
TWENTY-SIXTH CLAUSE – ON THE NULLITIES
26. If any conditions of this contract are considered
null or ineffective, in whole or in part, the other conditions must remain
valid and will be interpreted in a way to preserve the validity of its
remainder.
CHAPTER 21 – ON THE JURISDICTION
TWENTY-SEVENTH CLAUSE – ON THE ELECTED JURISDICTION
27. To settle any disputes, controversies or claims
arising from this term and general conditions of use and its annexes, the
USER and POSTGRAIN agree with the election of the jurisdiction of the
District of Recife, capital of Pernambuco state, in the country of Brazil,
renouncing any other, however privileged it may be.
Thanks for reading our terms! Be welcome!
The POSTGRAIN team wishes you a great experience!
