TERMS AND CONDITIONS Welcome to Braspag Tecnologia em Pagamento Ltda (“Braspag”). These terms and conditions outline the rules and regulations for the use of Braspag Website / Services. Braspag is located at: 512, Alameda Xingú - 27 floor, Barueri, Sao Paulo, 06455-030, Brazil By accessing this website or service we assume you accept these terms and conditions in full. Do not continue to use Braspag's website or service if you do not accept all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website or service and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Brazil. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. Cookies We employ the use of cookies. By using Braspag website or services you consent to the use of cookies in accordance with Braspag’s privacy policy. Most of the modern-day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies. License Unless otherwise stated, Braspag and/or it’s licensors own the intellectual property rights for all material on Braspag. All intellectual property rights are reserved. You may view and/or print pages from http://www.braspag.com.br for your own personal use subject to restrictions set in these terms and conditions. You must not: - Republish material from http://www.braspag.com.br - Sell, rent or sub-license material from http://www.braspag.com.br - Reproduce, duplicate or copy material from http://www.braspag.com.br Redistribute content from Braspag (unless content is specifically made for redistribution). Hyperlinking to our Content The following organizations may link to our Web site without prior written approval: - Government agencies; - Search engines; - News organizations; - Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and - Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site. We may consider and approve in our sole discretion other link requests from the following types of organizations: - commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; - dot.com community sites; - associations or other groups representing charities, including charity giving sites, online directory distributors; - internet portals; - accounting, law and consulting firms whose primary clients are businesses; and - educational institutions and trade associations. We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site. If you are among the organizations listed in paragraph 2 above and are interested in linking to our website or service, you must notify us by sending an e-mail to compliance@braspag.com.br. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response. Approved organizations may hyperlink to our Web site as follows: - By use of our corporate name; or - By use of the uniform resource locator (Web address) being linked to; or - By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site. No use of Braspag’s logo or other artwork will be allowed for linking absent a trademark license agreement. Iframes Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site. Reservation of Rights We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions. Removal of links from our website or service If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website or service is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website or service remains available or that the material on the website or service is kept up to date. Content Liability We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website or Services. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights. Disclaimer To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website or service and the use of this website or service (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will: - limit or exclude our or your liability for death or personal injury resulting from negligence; - limit or exclude our or your liability for fraud or fraudulent misrepresentation; - limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website or service and the information and services on the website or service are provided free of charge, we will not be liable for any loss or damage of any nature. Confidentiality All information relating to the Merchant or to Braspag and designated as being confidential, and all information not expressly designated as confidential, but which should reasonably be deemed confidential by reason of its nature or content, is considered "Confidential Information". Each party remains the owner of all data made available to the other party. Merchant acknowledges that the terms of the Merchant Agreement and any information provided by Braspag on its Services (including communications from Braspag's support functions) are Confidential Information. Each party undertakes to take all necessary steps to protect the confidential nature of all Confidential Information of the other party, agreeing, in particular: i) to share Confidential Information solely with personnel and representatives of the parties which have a need to have access to such information in order to exercise rights and obligations under the Merchant Agreement; and ii) to refrain from making any Confidential Information available to any third party without the prior written consent of the other party except for Braspag where necessary to perform the Services. The obligation to maintain confidentiality does not apply to information: i) available to the general public; ii) disclosed to one of the parties by a third party without any obligation of confidentiality; iii) already in the possession of or known to one of the parties at the time of disclosure; iv) developed independently of the Confidential Information by the other party; or v) if and to the extent to one of the parties and/or their employees are obliged under an act or by decision of a court or administrative authority to disclose such information. The obligation of confidentiality as described in this clause shall remain in effect also following the termination of the Merchant Agreement, regardless of the grounds for termination. The following data is to be considered confidential, without need for special mention: i) all financial data; ii) any agreed Merchant specific terms and conditions in the Merchant Agreement, if applicable; and iii) all user manuals, guides and any Software relating to Braspag's products and services. Privacy Where Braspag processes personal data while performing the Services they will act as data processor under the direction and responsibility of the Merchant in accordance with any successor and applicable Brazil privacy laws. Merchant will comply with the personal data protection laws of the Merchant's country of origin and of those countries in which the Merchant offers its goods and/or services from time to time, in particular when processing and sending personal data to Braspag in the context of using the Services and submitting transactions. Both Braspag and Merchant shall implement appropriate technical and organizational measures to protect personal data against misuse. Compliance The Merchant's use of the Hosted Payment Page is PCI compliant under Braspag's PCI DSS certification for the Hosted Payment Pages subject to Merchant complying to these Braspag Terms and Conditions. Applicable law and jurisdiction The Merchant Agreement and these terms and conditions are solely governed by Brazil law. In the absence of an amicable agreement, any dispute relating to the validity, interpretation or fulfilment of the Merchant Agreement shall be submitted to the exclusive jurisdiction of the competent courts of Sao Paulo the Brazil. Contact Information If you have any queries regarding any of our terms, please contact us compliance@braspag.com.br.