Termos e Condições

Last updated: 2024-09-17.

Definitions

For the purposes of this document, the following terms shall have the meanings set forth below. In particular, any grammatical form (e.g., singular, plural, possessive) of each of the following terms shall have a form-specific meaning corresponding to the defined term. All terms defined below are case-sensitive. The assigned meaning applies if the case of the characters in the term (uppercase or lowercase) exactly matches that of the defined term. For example, the meaning assigned to term that has first character in upper case not necessarily applies (may or may not apply depending on context) to same term with all characters in lower case, unless explicitly defined otherwise. A specific term may be defined either in this section or elsewhere in the document (an "inline definition"). Any terms not defined herein shall have the meaning assigned by applicable law, or if not legally defined, their meaning shall be inferred from the context within this document.

The term "Termos" or "Termos e Condições"refers to this , the contract-offer, including all updates, modifications, and amendments.

The term "We" or "we" refers to Of Course Ltd, the legal entity that offers the Termos and is party to the Termos. We are incorporated in United Kingdom in accordance with its laws. We have a registered office at Suite A, 82 James Carter Road, Mildenhall, Suffolk, United Kingdom, IP28 7DE, United Kingdom and can be contacted using Contatos.

The term "You" or "you" refer to you, the natural or legal person who has accepted the Termos and/or is party to the Termos.

The term "Plataforma" refers to the website (hyperlink) operated by us, and any software used to deliver our products, services, and content.

Any of the terms "Serviço" or "Serviços" or "Produto" or "Produtos" refers to respectively any or all of both product(s) and service(s) provided by us, particularly through the Plataforma, including but not limited to online products, online services, and support.

The term "Serviços de terceiros" refers to any services, content, or products provided by third parties that may be made accessible to you through the Plataforma.

The term "Conteúdo" refers to all materials, information, text, graphics, videos, software, and other content, including but not limited to the Materiais do curso, made available through the Plataforma.

The term "Conteúdo gerado pelo usuário " refers to any content that you both own and post, submit, or otherwise share through the Plataforma, including but not limited to Curso reviews, comments, or other contributions.

The term "Curso" refers to the educational Conteúdo and Serviço, including lessons, materials, and assessments, provided by us in formats such as video, audio, text, quizzes, and assignments.

The term "Pacote de cursos" refers to any particular set of Cursos either purchased by you or offered by us.

The term "Materiais do curso" refers to all content, materials, and intellectual property made available through our Cursos, including but not limited to audio, video, written materials, presentations, assignments, tests, assessments and any other educational content

The term "Utilizador" refers to any natural or legal person accessing or using the Plataforma and Serviços, including a visitor, registered user, client or buyer of the Serviços.

The term "Conta " refers to a personal Utilizador account created and/or used by a natural or legal person on the Plataforma to access, purchase, and use the Serviços.

The term "Instrutor" refers to any person who creates, provides, or delivers Cursos on the Plataforma, whether employed by us or acting as a third-party provider.

The term "Fee" refers to the monetary cost required to buy the Serviços offered on the Plataforma.

The term "Política de privacidade" or "Política de Proteção de Dados Pessoais" refers to our policy governing the collection, use, and protection of personal data as stated in the document of the same name.

The term "Propriedade intelectual" or "Direitos de propriedade intelectual" refers to all intellectual property, including but not limited to copyrights, trademarks, patents, trade secrets, and all other proprietary rights associated with the Conteúdo and materials made available through the Plataforma and Serviços.

The term "Contatos" refers to contacts section of the Plataforma (hyperlink) that is to be used to contact us for any subject matter.

Concessão de direitos contratuais

These Termos constitute the contract-offer, a legally binding agreement between you and us, governing your access to and use of both the Plataforma and the Serviços.

We hereby both (1) enter into the Termos contract with you under the terms and conditions stated herein and (2), subject to the Termos, revocably grant you (herein referred to as "Concessão de direitos contratuais", "Concessão de contrato", "Concessão de contrato") both (a) the right to access and use Serviços and (b) the non-exclusive, revocable, limited, conditional, personal, and non-transferable license to use the Plataforma if, and only if, each and all of these conditions (each herein referred to as "Condição de concessão do contrato", "Condição de concessão do contrato") are true:

you accept and agree to be bound by the Termos;
you agree that using the Plataforma constitutes your request for us to implement pre-contractual measures aimed at entering into additional contracts;
you acknowledge that you have read and understood our Aviso de Privacidade and Política de privacidade;
you are at least 16 years of age.

If any of the Condições de concessão do contrato is not true, then: (1) the Termos contract is either not entered into or terminated automatically and immediately; and (2) Contract rights are either not granted or revoked automatically and immediately; and (3) we do not permit you to access or use the Plataforma and Serviços; and (4) you must cease accessing and using the Plataforma and Serviços immediately.

Apart from this clause, there will be no additional notice of both the Termos contract termination and the revocation of the Concessão de contrato if it can be reasonably assumed that you already know, or should have known, that a Condição de concessão do contrato is not true.

The Termos apply to all users of the Plataforma and Serviços, including but not limited to visitors, registered users, and purchasers.

Any provisions of these Termos may be modified or appended by separate written agreements between you and us. Additional, more specific terms and conditions published on the Plataforma for specific Serviços may apply to those Serviços, and in the event of any conflict between the Termos and those more specific terms and conditions, the more specific terms and conditions will govern.

Certain provisions these Termos may be further detailed with corresponding instructions on the Plataforma for specific Serviços.

We reserve the right to modify the Termos at any time. Any changes will be effective immediately upon posting on the Plataforma. Your continued use of the Plataforma and Serviços following the posting of revised Termos constitutes your acceptance of those changes. We encourage you to review the Termos periodically to ensure you understand the terms that apply to your use of the Plataforma and Serviços.

Eligibility

By accessing or using the Plataforma and/or Serviços, you represent and warrant that you meet the following eligibility criteria:

Age as the Condição de concessão do contrato: You must be at least 16 years of age to create an Conta , purchase Cursos, or otherwise use the Plataforma and Serviços. Users under the age of 16 are not permitted to directly access the Plataforma and Serviços. If you are under 16 years old, your parent or legal guardian must create and manage an Conta on your behalf, and they must be the one to use the Plataforma and/or purchase any Cursos or Serviços. The parent or legal guardian will be responsible for use of the Plataforma and/or Serviços, and must agree to be bound by the Termos.

Underage access and use of Plataforma and Serviços: If you are not at least 16 years of age, no contract shall be deemed formed between you and us. Any attempt to access or use the Platform or Services is strictly unauthorized and illegal. Any such actions will be treated as void and the sole responsibility of parents or legal guardians.

Parental access and Responsibility: For users under 16 years of age, a parent or legal guardian must be the primary holder of the Conta . All purchases, Curso enrollments, and interactions with the Plataforma and Serviços for the underage user must be managed through the parent or guardian's Conta . By creating an Conta and purchasing Cursos for an underage user, the parent or guardian acknowledges their responsibility for supervising the minor's use of the Plataforma and Serviços and compliance with the Termos.

Legal capacity: You must have the legal capacity to enter into a binding contract. By using the Plataforma or purchasing/using any Serviços, you represent and warrant that you have the full legal authority to agree to and comply with the Termos. If you are entering into this agreement on behalf of a legal entity, you further represent that you have the authority to bind that entity to the Termos.

Accurate information: You agree to provide accurate, current, and complete information during the registration process and to update such information to maintain its accuracy throughout your use of the Plataforma and Serviços. Failure to provide accurate information may result in the suspension or termination of your Conta .

Compliance with laws: You agree to use the Plataforma and Serviços only in compliance with all applicable laws, regulations, and the Termos. You shall not use the Plataforma and/or Serviços for any illegal or unauthorized purposes, and you agree to refrain from any activities that may disrupt or interfere with the proper functioning of the Plataforma or delivery of the Serviços.

Conta Security: You are responsible for maintaining the confidentiality of your Conta credentials and are fully responsible for all activities that occur under your Conta . You agree to notify us immediately of any unauthorized use of your Conta or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your Conta credentials.

Geographic restrictions: The Plataforma and Serviços are accessible from various locations worldwide. However, you are solely responsible for ensuring that your use of the Plataforma and Serviços is legal in your jurisdiction. We reserve the right to restrict access to the Plataforma and/or Serviços in certain jurisdictions if required by local laws or regulations.

Contas

Creation and authentication: To access and use the Plataforma, including enrolling in Cursos and utilizing other Serviços, you must create a user account through a third-party authentication service, such as Telegram or other supported platforms (hereinafter referred to as "Conta do serviço de mensagens "). By using a Conta do serviço de mensagens to sign up or sign in, you authorize us to use certain information of your Conta do serviço de mensagens for managing your access to Plataforma and Serviços.

Single identity: Your Conta do serviço de mensagens will serve as your sole Conta for the Plataforma and Serviços. You may not create multiple Contas or attempt to misrepresent your identity by using different Contas do serviço de mensagens . We reserve the right to suspend or terminate any Contas found to be in violation of this policy.

Management and security: You are solely responsible for maintaining the security and confidentiality of your Conta do serviço de mensagens credentials, including any authentication tokens, passwords, or security settings associated with that Conta . Any activity conducted through your Conta do serviço de mensagens will be considered as having been performed by you. If you suspect unauthorized access or any breach of security regarding your Conta , you must immediately notify us.

Personal data protection: By using your Conta do serviço de mensagens to access the Plataforma and Serviços, you consent to our use of your Conta information in accordance with our Política de privacidade. We will only access and use the minimum amount of information required for Conta creation, authentication, and provision of the Serviços. Your Conta information will not be shared with third parties without your explicit consent, except as required by law.

Correct information: You agree to provide correct and up-to-date information during the registration process. Should any changes to your Conta do serviço de mensagens information occur (e.g., changes in your email address), you must update your details within your Conta do serviço de mensagens to ensure continued access to the Plataforma and Serviços. We will not be liable for any issues arising from outdated or incorrect information of your Conta .

Termination: You may terminate your Conta at any time by deactivating your Conta do serviço de mensagens or discontinuing its use for accessing the Plataforma and Serviços. However, any outstanding obligations (such as payment for purchased Cursos) will remain enforceable, and termination of your Conta will not relieve you of any prior contractual obligations. We reserve the right to suspend or terminate your Conta at our sole discretion, including but not limited to cases of fraud, misuse, or violation of the Termos.

Third-party service: Your use of a Conta do serviço de mensagens for authentication is subject to the terms and conditions of the respective third-party service provider. We are not responsible for any actions or policies of the third-party service provider, and you acknowledge that your legal relationship with that provider is independent of your legal relationship with us.

Inactivity: We reserve the right to suspend or terminate Contas that have been inactive for an extended period. You will be notified of such action, and continued access may require re-authentication via your Conta do serviço de mensagens .

Purchases and payments

Pricing: The prices for individual Cursos and Pacotes de cursos are displayed on the Plataforma or provided via a case-specific quote, depending on the type of enrollment and the specific requirements of the Utilizador. All prices are listed in the applicable currency and include any applicable taxes unless otherwise specified. We reserve the right to change pricing at any time; however, any changes will not affect purchases that have already been completed.

Payment methods: All payments for Cursos and Pacotes de cursos must be made through a third-party payments service provider. We do not collect or store any payment details, including credit card information. Accepted methods of payment are those supported by the payments service provider, and may include credit or debit cards, bank transfers, or other payment methods, depending on the provider's policies and regional availability.

Purchase and start of the Curso: Once a purchase has been completed, you will receive a confirmation email or notification outlining the details of your enrollment. The Curso is considered "started" once you have accessed the Materiais do curso or participated in any scheduled session or assignment related to that Curso. The purchase is considered final once Curso has been started, and start of the Curso is treated as a binding allocation of resources on our side. This includes but is not limited to reserving Instrutor time, Materiais do curso, and access to the necessary infrastructure.

Refunds: Due to the non-reversible commitment of resources, no refunds are available for any Curso that has started, including any Curso in the Pacote de cursos. In particular, no refund is available for any Curso once the Utilizador has accessed any portion of the Materiais do curso or attended any sessions of that Curso. Complete refund is available for any Curso that has not started.

In particular, stated refund policy applies to Cursos in a Pacote de cursos: Complete refund is available for any Cursos in a Pacote de cursos that have not been started. No refund is available for any Cursos in a Pacote de cursos that have been started.

Cancellation: Full refunds are available if a Curso or Pacote de cursos is canceled by you prior to the start of any Curso. Cancellations must be made by following the instructions provided on the Plataforma or contacting our support team. Once some Cursos in the Pacote de cursos have been started, the prorated refund policy for Pacote de cursos, as described above, will apply.

Scheduled start and enrollment: Certain Cursos may require specific scheduling for your enrollment to accommodate class sizes, Instrutor availability, or other capacity planning considerations. These requirements, including possible deadlines for scheduling or specific conditions tied to Curso delivery, will be detailed on the Plataforma. By enrolling in such Cursos, you agree to comply with any scheduling or capacity-related conditions specified at the time of enrollment.

Access to Materiais do curso: Upon successful purchase and confirmation of enrollment, you will be granted access to the relevant Materiais do curso as described on the Plataforma. Access to Materiais do curso is generally provided for the duration of the Curso or as otherwise specified. We reserve the right to modify or update the content of any Curso as necessary to improve quality or respond to educational developments.

Changes and cancellations by us: We reserve the right to modify or cancel any Cursos and Pacotes de cursos, including rescheduling start dates or making adjustments to Curso content, for reasons such as insufficient enrollment, Instrutor availability, or other unforeseen circumstances. In the event of a cancellation or significant modification of a Curso or Pacote de cursos by us, you will be entitled to a prorated refund for the canceled Cursos, including any prorated refund for affected Pacotes de cursos as applicable.

Currency and taxes: Payments for Cursos and Pacotes de cursos are typically processed in the currency specified at the time of purchase. You are responsible for any applicable taxes, fees, or currency conversion charges imposed by the payments service provider or your financial institution.

Dispute resolution: Any disputes related to payments or refunds will be handled in accordance with the applicable terms set by the third-party payments service provider. We will cooperate with the provider to resolve payment issues but are not responsible for any delays or errors caused by the payment provider.

Invoices: Invoices or receipts for your purchases will be issued electronically and sent to your registered email address. If required, you may request a hard copy of the invoice by contacting our support team.

Promotional offers: From time to time, we may offer promotional discounts or other offers on Cursos or Pacotes de cursos. These offers are subject to additional terms and conditions and may be revoked or modified at any time at our sole discretion.

Access to the Serviços

Scheduled access: Access to a Curso may not be provided immediately upon payment due to the time required to allocate and commit the necessary resources, such as instructional capacity, Materiais do curso, and infrastructure. Usuários are required to agree on the scheduled start date of the Curso through pre-sale support, as each Curso may have different requirements for enrollment and capacity planning.

Pre-agreed start: Before accessing a Curso, Usuários must pre-agree on the Curso start date through coordination with our support team. This step is required to ensure that instructional resources, including faculty availability and other operational factors, are appropriately allocated. You will receive confirmation of the agreed start date via email or notification on the Plataforma. Until such an agreement is reached, the Curso will not begin, and access will not be granted.

Specific conditions: Specific conditions for accessing each Curso, including the possibility of delays or rescheduling, will be detailed on the individual Curso page on the Plataforma. These conditions may include, but are not limited to, minimum enrollment requirements, scheduling preferences, and any prerequisites necessary to access Materiais do curso.

Changes to start date: We reserve the right to change the scheduled start date of a Curso if necessary due to operational constraints or other unforeseen circumstances. If such changes occur, we will notify you promptly and work with you to establish a new start date. You will have the option to cancel the Curso for a full refund if no suitable alternative date can be agreed upon.

Delivery: Once access is granted, you will have access to the Materiais do curso and sessions in accordance with the schedule published on the Plataforma. Any deviations from the initially agreed delivery timeline due to operational or technical reasons will be communicated promptly.

Technical requirements: Access to the Cursos requires you to have the necessary technical equipment and internet access. It is your responsibility to ensure that you meet the minimum technical requirements as detailed on the Plataforma for each Curso. Failure to meet these requirements does not entitle you to a refund or any adjustments to the schedule.

Access duration: Access to Materiais do curso is typically granted for the duration of the Curso as outlined on the Plataforma. After the completion of the Curso, access may be restricted or terminated unless otherwise specified.

Support: During the duration of the Curso, you may contact our support team for assistance with accessing Materiais do curso, scheduling issues, or any other inquiries related to Curso.

Propriedade intelectual

Ownership of Materiais do curso: Materiais do curso are the exclusive property of us or our licensors, and protected by intellectual property laws, including copyright, trademark, and trade secret laws.

Limited license for personal use: Upon enrollment in a Curso, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Materiais do curso solely for your personal educational purposes. This license does not grant you any ownership rights in the Materiais do curso or any rights to reproduce, distribute, modify, display, or perform the Materiais do curso, except as explicitly allowed by the Termos.

Prohibition of commercial use: You are strictly prohibited from using, sharing, reproducing, distributing, or repurposing the Materiais do curso for any commercial purposes, including but not limited to creating competing educational products or services, offering similar courses, or using the Materiais do curso to conduct training programs for third parties.

Competing providers: No competing provider of online courses, training, or other educational services may use or reuse any of our Materiais do curso in the development, creation, or offering of their own courses, either directly or indirectly. This prohibition extends to any similar service, platform, or organization that offers comparable educational programs or services.

Restrictions on copying and sharing: You may not download, copy, or share any part of the Materiais do curso unless expressly permitted by us. Unauthorized distribution of any Materiais do curso, whether online or offline, is strictly prohibited and may result in the termination of your access to the Cursos, without refund, and may subject you to legal action.

Feedback and suggestions: Any feedback, suggestions, or ideas you provide to us regarding the Plataforma, Serviços, Cursos, Materiais do curso, Conteúdo will be treated as non-confidential and non-proprietary. We reserve the right to use such feedback without any obligation to compensate you or acknowledge your contribution.

Infringement of Direitos de propriedade intelectual: We reserve the right to take legal action against any unauthorized use, reproduction, or distribution of our Propriedade intelectual. Any attempt to exploit our Propriedade intelectual in violation of the Termos will be met with the full extent of our legal rights and remedies.

Third-party materials: Some of the Materiais do curso may contain content or resources licensed from third parties. Such third-party content is subject to additional terms and conditions, and you agree to comply with any such terms and conditions provided in conjunction with these materials.

Conduct of Utilizador

Respectful behavior: You agree to conduct yourself in a respectful and lawful manner while accessing and using the Plataforma and/or Serviços, including during participation in any of the Cursos, forums, or communication with other Usuários, Instrutores, or support staff. Harassment, abusive behavior, discrimination, or any form of offensive conduct will not be tolerated and may result in the suspension or termination of your Conta .

Prohibited activities: You are prohibited from engaging in any of the following activities while using the Plataforma and/or Serviços:

Illegal activities: Engaging in any activity that violates local, national, or international law, including intellectual property laws, is strictly prohibited.
Unauthorized access: Attempting to access Contas , systems, or networks connected to the Plataforma without authorization, including hacking, phishing, or any other malicious activities, is strictly forbidden.
Disruption of the Plataforma and/or Serviços: Interfering with the operation of the Plataforma, including but not limited to spamming, transmitting malware, or disrupting the technical infrastructure of the Plataforma, is prohibited.
False information: Providing false or misleading information during Conta registration, participation in Cursos, or in any communication with us or other Usuários is prohibited.
Impersonation: You may not impersonate any person or entity, or falsely represent your affiliation with any person or entity, including Instrutores, staff, or other Usuários.

Protection of Propriedade intelectual: You agree not to reproduce, distribute, modify, or publicly display any Materiais do curso unless you have obtained explicit permission from us. Any unauthorized use of the Propriedade intelectual provided through Cursos is strictly prohibited, as detailed in the Propriedade intelectual section of the Termos.

Respect for privacy: You must respect the privacy and confidentiality of other Usuários. You may not share or disclose any personal information of other Usuários, Instrutores, or staff without their express consent. Additionally, you must comply with all applicable data protection laws when using the Plataforma and/or Serviços.

Compliance with Curso Rules: You agree to follow the specific rules and guidelines for each Curso, as set out by the Instrutores or the Materiais do curso. Failure to comply with these rules may result in your removal from the Curso or the suspension of your Conta .

Prohibition of unauthorized commercial use: The Plataforma is for personal educational use only. You may not use the Plataforma, Serviços, Cursos, Materiais do curso, or Conteúdo for commercial purposes, including advertising, soliciting, or reselling the Serviços, Cursos, Materiais do curso, or Conteúdo without prior written consent from us.

Reporting violations: If you become aware of any violations of the Termos, including inappropriate conduct or misuse of the Plataforma, you are encouraged to report such violations to our support team. We reserve the right to investigate and take any necessary action, including suspending or terminating Contas , in response to violations.

Consequences of violations: Any violation of these conduct guidelines may result in the suspension or termination of your Conta , with or without notice, and may include further legal action if necessary. We reserve the right to remove you from Cursos or restrict your access to the Plataforma at our sole discretion in response to any breaches of these Termos.

Conteúdo gerado pelo usuário

Ownership of Conteúdo gerado pelo usuário

You retain ownership of any content you post, submit, or otherwise share through the Plataforma, including but not limited to Curso reviews, comments, or other contributions. By submitting your Conteúdo gerado pelo usuário , you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display this Conteúdo gerado pelo usuário in any media.

License to use

By posting or submitting your Conteúdo gerado pelo usuário on the Plataforma, you grant us the right to share, display, and promote this Conteúdo gerado pelo usuário as part of the Plataforma and Serviços. This includes using your Conteúdo gerado pelo usuário for promoting Cursos, Curso reviews, or other activities related to the Plataforma and Serviços.

Responsibility for Conteúdo gerado pelo usuário

You are solely responsible for the accuracy, legality, and appropriateness of any Conteúdo gerado pelo usuário you submit. You agree that your Conteúdo gerado pelo usuário will not:

Infringe on any intellectual property rights, privacy rights, or other proprietary rights of any third party.
Contain defamatory, offensive, or unlawful material.
Include unauthorized commercial promotions, advertising, or spam.

Moderation and removal

We reserve the right to review, moderate, or remove any Conteúdo gerado pelo usuário that violates the Termos, applicable laws, or our community standards, without notice. We also reserve the right to block or suspend Usuários who repeatedly violate these policies.

No endorsement

We do not endorse, approve, or guarantee the accuracy of any Conteúdo gerado pelo usuário . All Conteúdo gerado pelo usuário posted by Usuários reflects their personal opinions and should not be taken as advice or professional guidance. You acknowledge that using or relying on any Conteúdo gerado pelo usuário is at your own risk.

Feedback and suggestions

If you provide feedback or suggestions regarding the Plataforma, Serviços, Cursos, Materiais do curso, or Conteúdo we may use that information without obligation to you and are under no obligation to keep such feedback confidential.

Third-party rights

You agree that your Conteúdo gerado pelo usuário will not violate any rights of third parties, including intellectual property, privacy, and data protection laws. If you post Conteúdo gerado pelo usuário on behalf of others, you represent and warrant that you have the necessary permissions to do so.

Política de Proteção de Dados Pessoais

Collection of personal data: We collect and process personal data of visitors, users, and customers of the Plataforma in accordance with applicable data protection laws. This includes personal data that may be collected during Conta registration, Curso enrollment, purchases, and interaction with the Plataforma and Serviços.

Compliance with the Lei de proteção de dados pessoais: As part of our commitment to safeguarding your personal data, we ensure compliance with all relevant personal data protection laws, including but not limited to the General Data Protection Regulation (GDPR), and other applicable national and international regulations.

Reference to the Política de privacidade: The details of how we collect, use, protect, and process your personal data, including your rights related to your personal data, are outlined in our separate Política de privacidade document. We strongly encourage you to review our Política de privacidade, which can be accessed here.

Your acceptance: By using the Plataforma, you acknowledge that you have read and understood our Política de privacidade and agree to the collection and processing of your personal data as described therein.

Legal persons acting through representatives

Applicability

The Termos apply to both natural and legal persons accessing the Plataforma and/or Serviços. Except for this section, references to "you" or "Utilizador" in the Termos refer to either a natural person or a legal person (such as a company). In the current section "Legal persons acting through representatives", "you" refers only to a natural person.

Representation of legal person

You can use the Plataforma and Serviços on behalf of either yourself or a legal person, but not both.

You may use the Plataforma and Serviços on behalf of a legal person if, and only if, all of the following conditions are met: (1) you have been authorized by the legal person to use the Plataforma and Serviços on behalf of that legal person as their representative; (2) you have notified us (using corresponding input elements of the Plataforma) that you are using the Plataforma and Serviços on behalf of that legal person; and (3) either that legal person is already bound by the Termos, or your use of the Plataforma and Serviços binds that legal person to the Termos. If at least one of these conditions is not met, then you use the Plataforma and Serviços in your individual capacity and agree to assume all obligations and liabilities under the Termos personally.

Binding of legal persons

If you are using the Plataforma and/or Serviços on behalf of a legal person (such as a company, organization, or other corporate entity) and that legal person has not been bound by the Termos, by accessing or using Plataforma and/or Serviços, you:

represent and warrant that you act as authorized representative and have the authority to bind that legal person to the Termos;
accept the Termos on behalf of the legal person you represent.

Lack of authority

If you do not have the authority to bind a legal person to the Termos, you must not accept the Termos on behalf of that legal person.

If you do not have the authority to use the Plataforma and Serviços as representative of a legal person, you must not use the Plataforma and Serviços on behalf of that legal person.

If your authority to bind a legal person to the Termos is disputed, invalid, or absent, you agree that all obligations and liabilities incurred during your use of the Plataforma and Serviços will be personally binding on you, including any fees, penalties, or damages.

Delegation of use

Once the Termos are accepted by an authorized representative of a legal person, any employee, agent, or representative of that legal person is permitted to use the Plataforma and Serviços on behalf of that legal person, provided such delegated use is authorized by that legal person and complies with the Termos. The legal person shall be responsible for all actions performed by its employees, agents, or representatives. The legal person agrees to:

ensure that its employees, contractors, or agents using the Plataforma and Serviços comply with the Termos and that any breach by its representatives is attributed to the legal person;
be responsible for all payments, invoicing, and other financial obligations related to the use of the Plataforma and Serviços; in case of disputes, the legal person, not its individual employees, shall be deemed the contracting party for financial obligations.

Transfer of personal data

When acting on behalf of a legal person, you agree not to submit any personal data of yourself or others (such as employees), except when such data is explicitly required by the Termos or instructions of a specific Serviço.

A legal person is required to notify us if data transferred to us contains any personal data and identify that personal data. In the absence of such notice, we will assume that any data submitted in connection with the legal person's use of the Plataforma and Serviços is non-personal data attributable to the legal person, except when personal data is explicitly required by the Termos or instructions of a specific Serviço.

Discounts

If for a specific Curso we offer group discounts based on the number of persons who take the Curso together in the group, the discount is calculated based on the number of natural persons in the group.

Corporate training

If specific Cursos are advertised by us for corporate training programs, a legal person must be bound by the Termos for those Cursos to qualify as corporate training.

Disclaimers

Accuracy of Curso information

While we strive to ensure that the information provided within Cursos, including Materiais do curso and descriptions, is accurate, up-to-date, and complete, we make no representations or warranties, express or implied, regarding the accuracy, completeness, or usefulness of such information. The content provided in Cursos is for educational purposes only and may not reflect the most current developments in the relevant field.

No guarantees of results or outcomes

We do not guarantee any specific results or outcomes from taking Cursos, including but not limited to certification, employment, or other professional advancements. The effectiveness of any Curso or the achievement of any personal or professional goal is subject to various factors beyond our control, including your own effort, prior knowledge, and the evolving standards of the industry or field in question.

Third-party materials and links

Our Cursos may include materials provided by third parties or links to third-party websites or resources. We do not endorse, verify, or take responsibility for the accuracy or completeness of any content provided by third parties. Accessing third-party content is at your own risk, and we are not liable for any issues arising from such use.

No warranties

To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We provide the Plataforma, Serviços, Cursos, Materiais do curso, and Conteúdo "as is" without any guarantees of any kind.

Changes to Cursos

We reserve the right to modify, update, or discontinue any Serviço, Curso, or Conteúdo at any time without prior notice. This may include, but is not limited to, changes to Curso schedules, Instrutores, materials, or pricing. We will not be held liable for any inconvenience or loss incurred as a result of such changes.

Limitation of liability

In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Plataforma, any of the Serviços, Cursos, Materiais do curso, or Conteúdo, including but not limited to damages for loss of profits, loss of data, or other intangible losses, even if we have been advised of the possibility of such damages.

Limitation of liability

Liability cap

To the fullest extent permitted by applicable law, our total liability to you for any claims arising out of or relating to the Termos, your use of the Plataforma, or any Cursos provided by us, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount you paid for the Serviço or Curso that gave rise to the claim. In no event shall our liability exceed this amount.

Exclusions of indirect damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption, arising from your use of the Plataforma and/or Serviços, your participation in any Curso, or your reliance on any information provided by us, even if we have been advised of the possibility of such damages.

Exceptions

Nothing in the Termos limits or excludes any liability that cannot be limited or excluded by law, including but not limited to liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation.

Force majeure

We shall not be held liable for any delay or failure to perform our obligations under the Termos due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, strikes, or interruptions in internet or communication services.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, agents, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

Your use of the Plataforma and/or Serviços;
Your violation of the Termos or any applicable laws or regulations;
Your infringement of any third-party rights, including intellectual property rights;
Any Conteúdo you submit to the Plataforma, including Conteúdo gerado pelo usuário ;
Any dispute between you and any third party.

Cooperation in defense against legal claims

We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, and you agree to cooperate with us in such defense. You shall not settle any claim without our prior written consent.

Notification

You agree to promptly notify us of any claim, demand, or action for which indemnification is sought.

Survival

This indemnification obligation will survive the termination of the Termos and your use of the Plataforma and/or Serviços.

Governing law and dispute resolution

Governing law for interpretation

For the purposes of regular interpretation, performance, and compliance with this agreement, the contract shall be interpreted in accordance with the laws of the country of residence (for natural persons) or the country of incorporation (for legal entities) of the party interpreting or applying the contract (the "Applicable jurisdiction"). This governing law applies without regard to the conflict of law principles of that country.

Governing law for disputes

In the event of a formal dispute or legal claim, the laws of the country of residence (for natural persons) or the country of incorporation (for legal entities) of the defendant (the "Applicable jurisdiction") shall govern the interpretation and enforcement of the contract, without regard to its conflict of law principles.

Dispute resolution

Mediation

In the event of any dispute, claim, or controversy arising out of or in connection with the Termos or the use of the Plataforma and Serviços, the parties agree to first attempt to resolve the matter amicably through mediation. Mediation shall be conducted in accordance with the mediation procedures and laws of the Applicable jurisdiction. Mediation may take place remotely or in any format agreed upon by both parties.

Legal actions

If the dispute is not resolved through mediation within 30 days of notice, either party may initiate formal legal proceedings in the court located in the district (or city) of the defendant's place of residence or registered office within the Applicable jurisdiction. If no such court exists in the district or city, the proceedings shall be brought in the court of the province or region where the defendant's place of residence or registered office is located. If there is no such court at the provincial or regional level, the proceedings shall be brought in the court of the country where the defendant resides or is located. These courts shall have exclusive jurisdiction over all disputes, claims, or controversies arising out of or relating to the Termos, and both parties consent to the personal jurisdiction of these courts.

Waiver of class actions

You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as part of a class action or other representative action.

Termination of Serviços

Right to terminate: We reserve the right to suspend or terminate your access to the Plataforma and/or Serviços at any time, with or without notice, if we reasonably believe that you have violated the Termos, applicable law, or any other policy governing the use of the Plataforma and/or Serviços.

Grounds for termination: Your access to the Plataforma and Serviços may be terminated for any of the following reasons:

Violation of the Termos, including failure to comply with the User conduct or Propriedade intelectual clauses.
Providing false or misleading information during Conta registration or at any time during the use of the Plataforma and/or Serviços.
Engaging in any activity that is harmful to other Usuários, our system, or that interferes with the normal functioning of the Plataforma.
Misuse or unauthorized reproduction, distribution, or sharing of Materiais do curso in violation of our Propriedade intelectual provisions.
Non-payment of any fees or charges due for the Serviços you have subscribed to or purchased.
Effect of termination: Upon termination, your rights to use the Plataforma and services will immediately cease. You may also lose access to any Materiais do curso, progress, or content associated with your Conta . Any termination does not entitle you to any refunds, unless otherwise specified in our refund policy.

Voluntary termination: You may terminate your Conta and cease use of the Plataforma and Serviços at any time. To do so, you must send a written notice to our support team via the contact methods listed on the Plataforma. Please note that any voluntary termination does not entitle you to a refund for any unused portion of the purchased Serviços or Cursos.

Survival of Termos: Certain provisions of the Termos, including but not limited to Propriedade intelectual, Limitation of liability, and Governing law, will survive termination and remain enforceable.

Reinstatement: We reserve the right, at our sole discretion, to reinstate access to the Plataforma and Serviços after termination. Reinstatement may be subject to conditions, such as adherence to specific guidelines or the payment of outstanding fees.

Force majeure

Definition of force majeure: We shall not be liable for any failure to perform or delay in performing any of our obligations under the Termos where such failure or delay is due to circumstances beyond our reasonable control (hereinafter "Evento de força maior"). Such events include but are not limited to:

Acts of God (natural disasters such as earthquakes, floods, hurricanes, or other extreme weather events)
War, invasion, or acts of terrorism
Civil unrest, riots, or disturbances
Government orders, laws, or regulations, including restrictions due to pandemics, quarantines, or public health emergencies
Strikes, labor disputes, or other industrial action
Interruptions or failures of electricity, internet, or telecommunications services
Fires, explosions, or other accidents

Suspension of performance: If a Evento de força maior occurs, our obligations under the Termos will be suspended for the duration of the event. We will make reasonable efforts to resume the Plataforma and Serviços as soon as the event ends, but we cannot guarantee the timeframe for resumption.

Notification: We will endeavor to notify Usuários of the occurrence of any Evento de força maior as soon as is reasonably practicable. Usuários are encouraged to stay informed via our official communication channels regarding the status of the Plataforma and Serviços during such events.

No liability: We are not liable for any loss, damage, delay, or failure to fulfill our obligations due to a Evento de força maior. This includes any inability to access Cursos, delays in Curso schedules, or any other disruptions caused by such events.

Right to terminate: If a Evento de força maior lasts for more than 60 days, either party has the right to terminate the Termos by providing written notice to the other party. In the event of such termination, any prepaid but undelivered Serviços may be refunded in accordance with our refund policy, provided no portion of the Serviço has already been delivered or consumed.

Severability

If any provision of the Termos and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the fullest extent permissible by law, and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way. The remaining provisions will continue in full force and effect.

Entire agreement

The Termos constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties. No amendment or modification of the Termos shall be effective unless in writing, communicated to you, and accepted by you through your continued use of the Plataforma and/or Serviços.

Termos in multiple languages

The Termos may be available in multiple languages. In the event of any discrepancy, inconsistency, or conflict between the Termos in English and the Termos in any other language, the Termos in English shall prevail.

Version

Last updated: 2024-09-17. Version string: 5v1.0.0AAAAAADe6v______7_________-f_v______3________38.