1. General Information on Site Use and Collection of Information
1.1. If You are an individual, You must be at least 18 years old and be in full exercise of Your civil capacity to navigate the Site.
1.2. These ToU will be permanently available on the Site, on all pages maintained by Horiens from the homepage, available at www.horiens.com. The pages maintained by Horiens are identifiable by the address www.horiens.com.
1.3. In view of the dynamic nature of Internet relations and respective reactions, You accept these ToU and the services and utilities described on the Site and provided by Horiens (“SERVICES”), which may be modified by Horiens at any time, without prior notification to You, being Your responsibility to visit this page from time to time to stay informed about the Site terms and conditions of use. Without prejudice to any provisions, if changes are significant, we will post a more prominent notice on our Site. The modifications will become applicable from the date of their placement on the Site and the newest version of these ToU will rule the relationship between You and Horiens. Your continued use of the Site means Your adherence and agreement with the updated version of these ToU.
1.4. The Site may obtain or request Your information on forms, “cookies”, or other. You guarantee that the information You provide will be true, accurate, current, and complete, taking civil and criminal responsibility for the veracity of the data provided. You will be able to exercise, free of charge, Your access rights, rectification and deletion of data that You have provided through the Site, under the terms of the applicable legislation, by means of a written communication sent to Horiens or by unsubscribing through the link www.horiens.com/en/my-registry.
1.6. You acknowledge that Horiens is not responsible for the use of the SERVICES chosen by You, for their respective advice, or for any kind of results that You may expect to achieve through the use of the SERVICES, including the acquisition of any goods or benefits (“PRODUCTS”) , from the use of the Site or the SERVICES.
1.8. Horiens may provide self-service guidance regarding the use of the Site and, if You choose to its availability, such service will be available permanently. Horiens, however, does not guarantee uninterrupted availability. Such SERVICE will be limited to basic information, not including guidance on pages not maintained by Horiens or on the use of computer resources acquired or obtained by You or Your company or institution.
2. Security and Dependence on Third Parties
2.1. Horiens is committed to making its best efforts to ensure the security, uninterrupted availability, and quality of information transmitted through the Site. You acknowledge that Horiens cannot in any way be held responsible for causes beyond its best, economically reasonable efforts as to the integrity, timeliness and accuracy of such information.
2.2. Access and use of the Site is the sole responsibility of the user and depends on other service providers, such as internet access providers and telecommunications companies, and must be carried out using compatible equipment. Horiens is not responsible for any failure or unavailability of the Site, nor does it guarantee the impossibility of its system and servers being attacked, invaded, or modified by third parties. You understand that, due to the characteristics inherent to the Internet environment, Horiens cannot guarantee that access to the Site and the SERVICES is adequate to Your technological needs or free of problems, which may be caused by fortuitous events, internal or external, force majeure events or others not entirely under Horiens’ direct control, including, but but not limited to, viruses or any type of programming routine or codes, which may cause damages. Under these conditions, You agree to hold Horiens harmless in any claims, from You or third parties, relating to interruptions, interceptions, invasions, spread of viruses or other unlawful acts.
2.3. It is the user’s full responsibility to keep their computer environment safe, using tools such as antiviruses and firewalls, contributing to the prevention of electronic risks.
3. Intellectual Property
3.1. You acknowledge that all content on the Site, including the SERVICES, materials, videos, information, texts, audios, images, software, brands, patents, trade names, domain names, titles of establishment and logos (“CONTENT”) conveyed in pages maintained by Horiens are protected by intellectual property rights (“INTELLECTUAL PROPERTY”), including, but not limited to, copyright (moral and/or patrimonial) and industrial and commercial secrets, obliging Yourself to respect them. No CONTENT may be copied, reproduced, transferred or disclosed in any way.
3.2. Horiens authorizes You to access and use the CONTENT, as a temporary and non-exclusive use license, only during access to the Site. Such authorization should not be interpreted as a right of ownership or assignment, in any capacity, according to the terms provided for by law.
3.3. The Site may make available intellectual property works belonging to third parties, who have licensed their respective availability on the Site, Horiens not being authorized by these parties to assign or sublicense their respective use; therefore, You must seek their approval before any intended use. When in doubt, please consult Horiens in advance through the contact channel available at www.horiens.com/en/contact.
3.4. You commit to not registering or requesting any domain names on the Internet, before any national or foreign registrars, containing Horiens brands or names, its products or services or any other Horiens’ INTELLECTUAL PROPERTY, or that may be confused with the theirs.
3.5. You commit to respecting the Horiens’ brands and its products or services, in any situation, and You must not, under any circumstances, use them without Horiens’ prior written authorization, or perform any acts that may denigrate or harm, in any way, such brands or property.
3.6. If Horiens develops customized screens for You or Your company or institution, the intellectual property of such screens will belong exclusively to Horiens. However, Horiens will not assume any commitment regarding the maintenance of these pages, which may or may not be maintained, at its sole discretion.
3.7. You will be solely and fully responsible for any losses or damages directly or indirectly caused to Horiens and/or third parties for Your failure to comply with the obigations relating to INTELLECTUAL PROPERTY or those set forth in the sections above, and You must hold Horiens harmless from any claims concerning INTELLECTUAL PROPERTY and such obligations.
4. Obligations of the Site user
4.1. You agree not to: (i) reproduce, modify, reverse engineer, compile, decompile, copy or modify source codes, transmit, publish, sublicense, permit, authorize, rent, sell and/or distribute, or in any way otherwise not permitted in these ToU, use or transfer, in whole or in part, any CONTENT contained on the Site or directly or indirectly related to these ToU, without prior and express written authorization from Horiens, (ii) circumvent or break any security system on the Site, (iii) try to disseminate materials that collect information (such as gifs, cookies and spyware), viruses or any malicious program, (iv) use tools to make Your IP (Internet Protocol) address anonymous, and (v) violate these ToU and any applicable municipal, state, federal or international laws.
4.2. You acknowledge that, if Horiens makes available on the Site the option to download documents of interest, You must not use such documents on other media except in the memory of the computer on which You have downloaded them. Any exception to this rule must be expressly indicated on the Site, or be subject to specific authorization, in writing, by Horiens.
4.3. You will be responsible for providing any technical specifications, including product codes, if You intend to obtain from Horiens, through the Site, any budgetary information with Horiens’ products or services.
4.4. If You, Your company or institution makes available on the Site any information about Your products or services, including price lists, freight, technical specifications, transport routes, availability of insurance or guarantees, or any other such information, You and Your company or institution will be solely responsible for compliance with what is made available and for updating and ensuring the accuracy of such information, which may not violate any competition laws.
4.5. In relation to links related to the Site sent by Your users, Horiens’ prior and written authorization is required, and the following additional conditions must also be respected: (a) the link may only allow access to the Site pages, and may not lead to pages with partial or total reproduction of the Site pages; (b) no links can be established with any page on the Site other than Your homepage; (c) a browser or a border environment should not be created on the Site pages; (d) no declaration or implication can be made that Horiens supervises or in any way assumes the contents or services offered or made available to the page on which the link to the Site is established; (e) except for the signs that form part of the link, the page on which the link is established will not contain any brand, commercial name, title of establishment, denomination, logo, slogan or other distinctive signs belonging to or referring to Horiens; and (f) the page on which the link is established will not contain illicit information or content, contrary to human dignity, morals and generally accepted morals, in particular, to the rules of behavior on the Internet, nor will it contain content that is discriminatory or contrary to any rights of third parties or public order. The establishment of a link does not in any way imply the existence of commercial relations or a legal-contractual relationship between Horiens and the owner of the page on which the link is established, nor the acceptance, approval or responsibility by Horiens of its contents or services.
4.6. Regarding frames, You should observe the same rules contained in the previous section related to links, and should allow for easy identification, by the visitors of the page where the frame is established, that the frame is not originally part of the page in which it has been established.
4.7. Regarding meta tags and keying, You must secure Horiens’ prior agreement, in writing, before any contact with search engines on the Internet and/or with advertisers.
5. Third-Party Materials
5.1. The Site may contain links to third-party sites, including, but not limited to, banks, credit card management companies or other financial intermediaries (including for purposes of clearing commercial or financial transactions and for Internet banking services), private or governmental associations or entities, logistics companies, insurance, event organization, travel and transportation agencies. The Site will bear no responsibility for any content, products, services, access and privacy policies or features offered by such third parties and/or their sites, and You must pay attention to specific rules that may govern the access and use of Your sites, except that such third parties must be considered as directly hired by You or Your company or institution.
5.2. The Site may reproduce news, articles or editorials compiled or written by third parties. The Site is not responsible for the accuracy, source and/or authorship of such materials.
5.3. The Site may make available the reproduction of technical reports issued by third parties and referring to their products or services, in which case, You must consider that such placement will be made in a passive manner and is only institutional in character, not intended for advertising, publicity or commercial purposes. Such reports should also be considered as pertinent to the sampling submitted to the entity issuing them, and are not presented as being applicable to any and all other sampling.
5.4. You acknowledge that Horiens will have no duty, burden or obligation to inspect the pages not maintained by it, or the respective links, frames, metatags or keying, not being responsible for the content or the corresponding activities.
6. Login and Access
6.1. The Site may be accessed by means and services provided directly by Horiens, by companies hired by Horiens or by companies that access it.
6.2. Information about Horiens is available on the Site for different audiences, depending on its nature, and is intended for shareholders or investors, suppliers, customers or third parties in general. In some areas of the website, access will be restricted. To access them, You must have a username (“LOGIN”) and password, both individual, confidential and non-transferable, and which cannot be shared or transferred to third parties. We recommend that You adopt a strong password, not using obvious sequences of numbers and letters or those that can be easily deduced. You are the only one responsible for safeguarding them, You must keep them in a safe place, being responsible for all acts that are performed with Your access data.
6.3. In case of corporate access, Horiens will provide a LOGIN and an administrator password to a member/employee formally appointed by the company/client by means of a registered letter to Horiens, who will be the main responsible party for free access to the restricted areas. The administrator designated by the company/client must sign a receipt acknowledging delivery of the provisional Master Password for the first access, and must then create their own passwords, without any knowledge or control by Horiens. Access with the provisional password will imply company/client agreement with these ToU. The Master Password will be under the responsibility of the company/client and the employee appointed by the company, who will be able to manage the creation and distribution of access profiles and passwords to other members/employees of the company. The Master Password will also allow the responsible party, the editing and blocking of access profiles created by it. Horiens will have no knowledge nor will it inspect the security policies and practices adopted by the company/client and their compliance. The password administrator can create up to 10 (ten) profiles and distribute them among its members/employees. Therefore, Horiens is not responsible for the creation and internal distribution of passwords and access profiles within companies, for their use, updating, conservation, security or for blocking them. Horiens may, at any time, rescind the general access of the company/client, including that of the system administrator and/or that of any other employee, as a result of potential violations of these ToU.
6.4. In restricted access areas, You must observe the rules for internal access levels defined by Your company or institution and communicated by it to Horiens. If You are the System Administrator of Your company or institution, You must follow the specific rules communicated in writing by Horiens to You or Your company’s or institution’s management team.
6.5. We hereby inform You that Horiens and/or its employees do not request access data from any Site users. If You suspect any breach of security or unauthorized use of Your password, You must notify Horiens immediately by email at firstname.lastname@example.org and immediately change Your password on the Site.
7. Communications and Electronic Journals
7.1. The Site may generate electronic communications and even an Electronic Magazine. You must register if You intend to receive them, and You must request, in writing, Your exclusion from the distribution list, if You no longer wish to receive them. The registration and exclusion from the distribution list will be done through the link: www.horiens.com/en/my-registry.
8. Various Provisions
8.1. Any violation by You of the rules contained in the present ToU or in the applicable legislation will, when applicable, give rise to Horiens’ initiation of action with the competent authorities to safeguard its rights and execute applicable sanctions, without prejudice to the rights, by Horiens or by any third parties eventually affected, to any loss or damage indemnification.
8.2. You acknowledge that Horiens may, at any time and without application of any penalty, limit access to any part of the Site to a restricted scope, suspend or terminate the provision of any of the SERVICES, define that its respective availability shall be compensated, or change the terms of these ToU at its discretion. Horiens will make advance notice available on the Site as early as possible.
8.3. You acknowledge that messages and electronic files are skillful means of proof, for all purposes, when using computer resources that allow respective expertise or evidence.
8.4. The rules contained in these ToU may be complemented by specific rules present in other parts of the Site due to reasons of pertinence and specificity in relation to audiences with individual needs and/or interests.
8.5. Tolerance of Your failure to comply with any duties provided for in these ToU or applicable law does not imply a renewal or waiver by Horiens to the exercise its rights, at any time.
8.6. Enabling Your access to the Site presupposes that You also observe the duties of good faith and observance of morals and good customs recognized on the Internet. In case of violation of any duties mentioned in this section, Horiens may suspend Your access to the Site, at any time, without the need for prior notice.
8.7. The limitation of the scope of guarantees and responsibilities in these ToU represents an essential condition for access by You to the Site and the SERVICES, and Horiens must be considered free of any commitments and obligations if such limitation is, for any reason, disregarded or ignored. In the case of any non-conformity between information and data contained on the Site and those contained in other communications or Horiens systems, the latter will prevail.
8.8. You may not assign or transfer to any third party, in whole or in part, Your rights and obligations under these ToU.
9. Governing Law and Venue
9.1. These ToU will be governed exclusively by Brazilian law, and any issues arising from these ToU that cannot be resolved amicably between You and Horiens, if brought before a Court, shall be submitted to the Court of São Paulo, SP, Brazil, with express waiver of any another, however privileged it may be (even if You access the Site or have a domicile, or that Your company or institution is headquartered abroad), except in relation to disputes involving users that fall within the legal concept of consumers, which may be submitted to the jurisdiction of Your domicile.