These terms apply to the pages related to any of the HIGEX brands and products, understanding as such all those listed on the official website.
They may also be updated, at any time, by HIGEX, upon notice on the website and/or by email, if the user has chosen to receive communications.
1. CONDITIONS OF ACCESS AND USE OF PAGES
1.1 Free nature of accessing and using the pages
1.2 User Registration
Occasionally, prior registration of the user may be required for access. In these cases, access to the pages will only be released after the user completes the registration with the information required by HIGEX. All information provided by the user through the pages must be true. Thus, it guarantees the authenticity of all the data that you inform when filling out the
respective forms. In this way, you may exercise your right to correct incomplete, inaccurate or outdated data, in order to keep all information provided to HIGEX up to date. Under any circumstance, the user will be solely responsible for false or inaccurate statements that he or she makes that may cause damage to HIGEX or third parties.
The pages are not aimed to underage and should not be used by them. HIGEX, however, under no circumstances, is not responsible for improper access to such pages, resulting from incorrect or untrue information provided by the user or from disregard for the age rating indicated on the page.
1.4 Obligation to use pages correctly
By using the HIGEX pages, the user undertakes to respect the current Brazilian legislation, as well as all that is set forth in these Terms, and shall not produce, make available, disseminate or transmit any content that:
a) Is contrary to any norm of Brazilian legislation, as well as to generally accepted morality and good customs;
b) Encourage discrimination, hatred or violence against individuals or groups based on sexual orientation, gender, race, religion, disability, nationality or for any other reason;
c) Incorporate, make available or allow access to products, elements, messages and/or services that are illegal, violent, pornographic, degrading or, in general, contrary to the law, morals and generally accepted good customs or public order;
d) Are false, ambiguous, inaccurate, exaggerated or extemporaneous, in such a way that they can mislead their object or the intentions or purposes of the person communicating;
e) Are protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained from their holders the necessary authorization to carry out the use that they carry out or intend to carry out;
f) Incorporate viruses or other physical or electronic elements that may cause damage or prevent the normal functioning of the network, system or computer equipment (“hardware” and “software”) of third parties, or which may cause damage to electronic documents and files stored in these computer equipment; or,
g) Cause, by their characteristics (such as form, extension, etc.) difficulties in the normal functioning of the Service.
In any event, the user is solely responsible for his use of the HIGEX pages, as well as for any content inserted by him.
1.5 Correct Use of Content and Intellectual Property
The user undertakes to use the pages and their content, that is, the texts, graphics, icons, links, photographs, images, technology, and other audiovisual or sound content, software, graphic designs and source codes (together, “content(s)”), in accordance with the entire legal system, with generally accepted morals and good customs, with these Terms and with the Particular Conditions of each Page.
All brands, trade names or logos of any kind made available on the pages are the property of HIGEX, without the use of the pages being understood as authorization for the user to mention such brands, trade names and/or logos.
All content is the exclusive property of HIGEX, or third parties who have authorized its use on the pages, and is protected by international laws and treaties, its copying, reproduction, or any other type of use being prohibited, and violators are subject to civil sanctions and corresponding criminal, under the terms of Laws 9.610/98, 9.609/98 and 9.279/96.
The user must refrain from obtaining, or attempting to obtain, the contents by means other than those which, in each case, have been made available for such purposes.
1.6 HIGEX Anti-Spamming Policy
Through this document, the user undertakes to refrain from:
a) obtain data for advertising purposes and send advertising of any kind for sale or other purposes of a commercial nature without prior request and consent;
b) send to a group of people any unsolicited or previously consented messages;
c) send unsolicited or previously consented electronic message chains;
d) use distribution lists that can be accessed through the pages to carry out the activities described in the items above; and
e) make available to third parties, for any purpose, data collected from distribution lists.
Users or third parties harmed by the receipt of unsolicited messages related to the pages and addressed to a plurality of people may complain by communicating to HIGEX through the website https://www.higex.com/contato/.
1.7 Introduction of “hyperlinks” that allow access to HIGEX pages.
Users who propose to establish a hyperlink between their website and HIGEX pages (“Hyperlink”) must comply with the following conditions:
a) the “Hyperlink” will allow only and exclusively access to the homepage or to the homepage of the pages, but it will not be able to reproduce it in any way;
b) do not create a frame over the pages;
c) not make false, inaccurate or incorrect statements or indications about HIGEX, its administrators, employees, or pages;
d) not declare or imply that HIGEX would have authorized the “Hyperlink” or that it would have supervised or assumed, in any way, responsibility for the services offered or made available on the website where the “Hyperlink” is established;
e) with the exception of the signs that form part of the “Hyperlink”, the website on which the “Hyperlink” is established will not contain any brand, trade name, logo, slogan, look and feel or any other signs belonging to HIGEX;
f) the website on which the “Hyperlink” is established must not contain illegal information or content, contrary to morals, good manners or public order, nor will it contain content contrary to the rights of third parties. Fixing a “Hyperlink” does not imply, under any circumstances, the existence of a relationship between HIGEX and the owner of the website that contains it, nor the acceptance or approval of HIGEX about its contents or services.
2. DURATION AND COMPLETION
Access to HIGEX pages is granted to the user for an indefinite period. HIGEX, however, is entitled to unilaterally terminate, suspend or interrupt, at any time and without prior notice, access to the pages, without any compensation being due to the user.
HIGEX also reserves the right to refuse or withdraw access to the pages, at any time and without the need for prior notice, on its own initiative or by request of a third party, to those users who do not comply with these terms.
3. EXCLUSION OF WARRANTIES AND LIABILITY
Due to technical and operational issues, HIGEX cannot guarantee the availability, infallibility and continuity of the operation of the pages, nor does it guarantee the usefulness of the pages for carrying out any specific activity. Thus, HIGEX will not, under any circumstances, be liable for any damages arising from the interruption of access to the pages, or for failures in their functioning, nor shall it be liable for the defrauding of the utility that users may have assigned to pages, for the fallibility of the themselves, nor for any difficulty of access.
HIGEX uses the best market practices to keep all the data entered by the user on the pages safe, however it does not guarantee that unauthorized third parties will not use illegal means to obtain such information improperly. Thus, HIGEX disclaims liability for damages of any nature that may result from the knowledge that unauthorized third parties may have of any of the information passed on, as a result of a failure exclusively attributable to users or third parties who are beyond any reasonable control of the HIGEX.
HIGEX does not guarantee the absence of viruses on the pages, as well as other harmful elements that may produce changes in the users’ computer systems (software and hardware) or in the electronic documents stored in the computer system, disclaiming any liability for damages and losses that may arise from any harmful elements.
HIGEX does not verify or control the user’s use of the pages. Thus, HIGEX disclaims any responsibility for damages of any nature that may result from the use of the pages or that may be due to the lack of veracity, validity, exhaustiveness and/or authenticity of the content made available there, as well as the information that users provide to other users about themselves and, in particular, although not exclusively, for damages of any nature that may be due to the supplantation of the personality carried out by a User in any class of communication carried out through of the pages.
4. PROCEDURE IN CASE OF CARRYING OUT ILLICIT ACTIVITIES
In the event that a user or a third party considers that there is information, facts or circumstances that constitute illegal activity on the pages of HIGEX, especially in case of violation of intellectual property rights or other rights, they must send a communication to HIGEX containing the following data:
a) personal data: name, address, telephone number and email address of the complainant;
b) specification of the alleged illegal activity that occurred on the pages and, in particular, in the case of alleged copyright infringement, a precise and complete indication of the contents protected and allegedly infringed;
c) facts or circumstances that reveal the illegal nature of such activity; and
d) if applicable, an express and clear statement that the use of the contents was carried out without the consent of the holder of the allegedly infringed intellectual property rights. Always in accordance with the legislation in force, based on knowledge, HIGEX may exclude content accused as illegal, as well as provide information to the competent authorities, upon the competent request, in order to enable the investigation of illegal conduct.
5. GENERAL PROVISIONS
If any portion of these terms is held invalid or unenforceable, such portion shall be interpreted consistently with applicable law, to reflect, to the extent possible, the parties’ original intent, and the remaining provisions shall remain in full force and effect.
The failure of HIGEX to enforce any rights or provisions of these Terms will not constitute a waiver, and it may regularly exercise its right, within the legal terms.
All notices and communications (hereinafter, the “notices”) by the user to HIGEX are considered effective, for all purposes, when directed through the website channel https://www.higex.com/contato/.
All notices and communications (hereinafter, the “Notices”) by HIGEX to the user will be considered effective, for all purposes, when carried out in one of the following ways:
a) sending a letter to the user’s home when he has provided a valid address to HIGEX;
b) sending a message by email to any of the addresses provided by the user;
c) telephone communication to the number provided by the user; and,
d) by including messages on any of the HIGEX pages.
In this sense, all notifications made by HIGEX will be considered valid when made using the data and through the means previously highlighted. For these purposes, the user declares that all data provided are valid and correct, and undertakes to notify HIGEX of any changes relating to the notice data.
7. GENERAL DATA PROTECTION LAW (GDPL) – LAW No. 13.709
HIGEX INDÚSTRIA E COMÉRCIO DE PRODUTOS SANEANTES LTDA acts to ensure the protection and privacy of personal data processed within the scope of its activities. And it expresses its commitment to act in accordance with applicable legislation and internal regulations related to the security and privacy of personal data, such as the General Data Protection Law (GDPL), Law No. 13.709.
8. APPLICABLE LEGISLATION AND JURISDICTION
These Terms will be governed, interpreted and executed in accordance with the laws of the Federative Republic of Brazil, regardless of the conflicts of these laws with the laws of other states or countries, with the Users domicile being competent to resolve any doubts arising out of this instrument.