CBC PLATFORM TERMS OF SERVICE
This Terms of Service presents the “General Conditions” applicable to the use of services provided by the Central Brasileira de Comercialização – CBC Ltda., hereinafter referred to as CBC AGRONEGÓCIOS, a company registered in the CNPJ/MF under number 17.432.772/0001-03, and its electronic platform developed by its technology partner CMA Consultoria, Métodos, Assessoria e Mercantil S/A.
The electronic platform is accessible to buyers and sellers for the sole purpose of enabling the USERS to execute/intermediate marketing operations of agricultural inputs and commodities (Product or indistinctly Products), and use the Services Platform made available.
Any USER wishing to use the services provided by CBC AGRONEGÓCIOS and its electronic platform must accept the Terms and Conditions and all other policies that govern it.
CBC AGRONEGÓCIOS may change, at any time, the Terms and Conditions, aiming its improvement and improved services. The new General Terms and Conditions will take effect as soon as the USER is notified about the new version and the USER must communicate by email if he does not agree with the amended terms within up to 7 days. If there is no manifestation within the stipulated period, it will be understood that the USER has accepted the new Terms and Conditions of use and the contract will continue to bind the Parties.
FIRST CLAUSE – THE OBJECT
1.1. Services object of this Terms and Conditions consist of the respective platform use to facilitate the direct contact between seller USERS and buyer USERS, through the disclosure of products and their respective contact information from one party to another. CBC AGRONEGÓCIOS enables USERS to communicate electronically and negotiate with each other directly without any intervention and interaction from CBC AGRONEGÓCIOS, either in the negotiation and/or business transactions.
SECOND CLAUSE – ACCESS TO THE PLATFORM (REGISTRATION)
2.1. The USER registration will only be confirmed if all required registration fields are filled with accurate and true information.
2.2. The USER declares and undertakes to update the data entered in its registration (“Personal Data”) whenever necessary, stating, therefore, that have read, understood and accepted their Terms and Conditions of use of each of these services, to become an integral part of these Terms and Conditions when the registration is completed.
2.3. CBC AGRONEGÓCIOS is not responsible for the correctness of the Personal Data entered by its USERS. USERS guarantee and respond, in any case, civilly and criminally for the truthfulness, accuracy and authenticity of registered Personal Data.
2.4. The USER undertakes to notify CBC AGRONEGÓCIOS immediately and through secure device, in respect of any unauthorized use of your account, as well as any unauthorized access by third parties. The USER will be solely responsible for the transactions made on his/her account, since the access is only possible by including the password, which should be known and exclusive property of the USER.
2.5. CBC AGRONEGÓCIOS reserves the right to review and correct USERS entries to adjust them in the event of inconsistencies, incomplete fills and/or incorrect, as well as modify or inactivate USERS profiles that are not used, or whose information are not complete.
2.6. USERS declare they are aware that, when they insert logo or visual identity on CBC AGRONEGÓCIOS platform, they will be authorizing the display of the image within the platform environment and in promotional materials of this platform.
THIRD CLAUSE – USERS HEREBY DECLARE AND GUARANTEE:
3.1. Because CBC AGRONEGÓCIOS does not appear as a party to the negotiations for the purchase and sale of services and products that take place between USERS, the liability for all obligations, whether civil, tax, labor or of any other nature, will be exclusively of the USER.
3.2. USERS declare and acknowledge that in the event of any lawsuit or claim, the figures relating to convictions, agreements, litigation costs and attorneys’ fees expended will be the responsibility of the USER.
3.3. To acknowledge and agree that CBC AGRONEGÓCIOS is not a marketer of agricultural inputs and commodities, because by entering into this Agreement, CBC AGRONEGÓCIOS only provides to the USERS, their representatives, attorneys and permission holders, a secure electronic environment for Execution of Operations and will not be considered part of any of the Operations executed through the Platform, which may be performed only by and between the USERS, authorized by the regulator and responsible for the marketed product.
3.4.Recognize that this Platform is solely and exclusively an electronic tool for use as a way to bring together sellers and buyers of “Products” and allow them to trade privately and conduct business with each other.
3.5. Recognize that CBC AGRONEGÓCIOS or its technology partner CMA are not the owners of the “Products” or “services” that sellers and buyers negotiate through the Platform, not holding them and not conducting negotiations on their behalf, nor do they intervene in the delivery of the “Products”, not being responsible for the quantity, quality or state of the same, nor for the corresponding payment by the buyers.
3.6. Keep CBC AGRONEGÓCIOS safe and free from any liability for any breach of the USER obligations and that are bound by this Agreement and the documents within it.
3.7. Know all the risks inherent in any Operation before its Execution and keep the CBC AGRONEGÓCIOS free of any liability arising from the Execution of any Operation performed on the Platform.
3.8. Be solely responsible for the representatives of the USER prosecutors or permission holders that may be appointed , exempting CBC AGRONEGÓCIOS from any action taken by them on behalf of the USERS through the Platform.
3.9. Be aware of different types of USERS due to the existence of specific rooms to be created for broker/representative and/or proprietary companies.
3.10. You recognize that in the event of joining brokers, representatives, licensees, or other entities involved in commodity brokerage, you will not be dealing directly with sellers or buyers.
3.11. Have, as required by law, all necessary authorizations to market the products offered or marketed by me.
FOURTH CLAUSE – SYSTEM FAILURES
4.1. CBC AGRONEGÓCIOS is not responsible for any damages or losses suffered by USERS due to failures on the Internet, the system or the server used by USERS arising from third-party conduits, unforeseeable circumstances or force majeure.
4.2. CBC AGRONEGÓCIOS will not be responsible for any virus that can attack the user equipment due to access, use or browsing the Internet or as a result of the transfer of data, files, images, text, videos or audios.
FIFTH CLAUSE: CONFIDENTIALITY
SIXTH CLAUSE – TARIFFS
6.1. The user agrees to pay CBC AGRONEGÓCIOS the corresponding amounts for the tariffs and/or any other service provided by CBC AGRONEGÓCIOS in which there is an established tariff beforehand. CBC AGRONEGÓCIOS reserves the right to modify, enhance or delete tariffs in effect at any time, it shall communicate in advance of 30 (thirty) days about increases or termination of gratuities. Such changes shall not apply in respect of negotiations and announcements already commenced on the date in which such amendments are published.
SEVENTH CLAUSE – INTELLECTUAL PROPERTY AND LINKS
7.1. Commercial use of the term “CBC AGRONEGÓCIOS” as a trademark, trade name or domain name as well as the contents of the screens concerning the CBC AGRONEGÓCIOS services as well as databases, networks, files that allow the User to access and use his/her Account are the property of CBC AGRONEGÓCIOS and are protected by international laws and treaties of copyright, trademarks, patents, industrial models e designs. The misuse and total or partial reproduction of these contents are prohibited unless our express prior written consent.
EIGHT CLAUSE – GENERAL PROVISIONS
8.1. CBC AGRONEGÓCIOS or its partner CMA will have no duty or obligation to verify any information provided on the platform. The USER acknowledges and agrees that the information inserted in the platform and the decisions to carry out the operations are his sole responsibility.
8.2. The contracting parties acknowledge that this Agreement and its annexes constitute an extrajudicial executive title, in accordance with art. 784, item III, of the Código de Processo Civil.
NINTH CLAUSE – JURISDICTION
9.1. For the resolution of any controversy or dispute arising from this agreement, the parties elect the jurisdiction of the District of São Paulo, State of São Paulo, as competent, with the exclusion of any other, however privileged it may be.