TERMS AND CONDITIONS OF USE OF THE MOVIMENTA BC APPLICATION

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Last updated: June 27, 2022.

These terms and conditions apply, directly or indirectly, to all online services, accessed on mobile or fixed devices, made available by "Movimenta BC".

By entering, browsing and using the website or any other application through any platform (referred to herein generally as a platform), the USER declares to have read and expresses his/her full and unrestricted consent to the terms and conditions described below.

The refusal to accept these terms and conditions prevents the USER from using the platform services provided by "Movimenta BC".

NATURE OF THE SERVICE

These terms and conditions apply to USERS for the regular use of the services offered by "Movimenta BC", that is, it aims to enable USERS to choose registered ESTABLISHMENTS and, online, make requests for consultation and use of advantage coupons provided by the ESTABLISHMENTS.

The "Movimenta BC" platform consists, therefore, in bringing together previously registered USERS and ESTABLISHMENTS, allowing them to request the use of benefit coupons of the most varied kinds (food, accommodation, among others).

Through its platform, “Movimenta BC” provides an online framework in which ESTABLISHMENTS advertise, promote and/or offer, when available, their products and services and through which USERS can discover, search and compare coupons free of charge.

By using the benefits coupon, the USER enters into a mutual agreement directly and exclusively with the ESTABLISHMENT to whom he requested the respective coupon.

“Movimenta BC” acts solely as an intermediary between the USER and the ESTABLISHMENT, making it available for consultation and generating the coupon that will entitle the user to use the benefit offered by the establishment.

The information described in the “Movimenta BC” platform originates from the data provided by the ESTABLISHMENTS.

The ESTABLISHMENTS that advertise and promote their products and services in "Movimenta BC" have access to the system and administration panel and are therefore fully responsible for updating the information about the coupons and their respective availability, policies and conditions, as well as other pertinent information that may be displayed on the platform.

The “Movimenta BC” platform is available only for personal use (and not for commercial use), therefore, it does not appear as allowed to sell, create direct links, use, copy, monitor (e.g. spider, scrape, etc...), display, download or reproduce content and/or information, software, reservations, tickets, products or services available for any activities of commercial or competitive purpose.

REGISTRATION

The USER, to use the services described above, must provide the information required in the registration made available on the platform, assuming full responsibility (including civil and criminal) for the accuracy and veracity of the data provided, which may be verified, at any time, by "Movimenta BC".

In case of incorrect, untrue or unconfirmed information, as well as in case of refusal to correct it, "Movimenta BC" reserves the right not to complete the registration in progress or, further, to block the existing registration, preventing the USER from using the online services until, at the discretion of "Movimenta BC", the situation of inaccuracy is corrected.

"Movimenta BC" reserves the right to prevent, at its discretion, new registrations, or cancel those already made, in case a divergence is detected that, in its analysis, is serious or demonstrates a deliberate attempt to circumvent the rules described, of a mandatory nature for all USERS.

Likewise, “Movimenta BC” may act if it finds non-compliance by the USER with any of the obligations provided for in these terms and conditions.

OBLIGATIONS OF THE USER

Once the USER is successfully registered, he/she undertakes not to disclose his/her login and password to third parties, nor to allow the use of such information by third parties, being responsible for the consequences of the use of login and password of his/her ownership.

It is the USER's obligation to provide true and accurate registration information, being exclusively and fully responsible for all content informed by the registration item, always keeping it updated.

The USER also undertakes to follow the rules disclosed for the use of the benefit coupons made available by the ESTABLISHMENTS.

The USER under 18 (eighteen) years of age is aware that he/she cannot generate and use, under any circumstances, coupons related to alcoholic products, being responsible for the correct information of his/her age in the registration item.

The USER authorizes, agrees and grants the unrestricted use of the information provided in the evaluations, qualifications and feedbacks of the services of the ESTABLISHMENTS and "Movimenta BC".

FREE FOR CONSUMERS

Unless otherwise indicated, “Movimenta BC” is entirely free of charge for its USERS.

In turn, the ESTABLISHMENTS, through the conclusion of a specific contract, have a commercial relationship with "Movimenta BC" so that they can advertise on the platform the promotion of their services and products.

OBLIGATIONS OF “MOVIMENTA BC”

Provide on the platform of "Movimenta BC" virtual space that allows the duly registered USER to use benefit coupons announced by the ESTABLISHMENTS and also provide the USER with information about products and services of the most varied segments existing in the municipality of Balneário Camboriú/SC.

Protect, through storage on servers or any other high-security magnetic means, the confidentiality of all information and registrations related to ESTABLISHMENTS and USERS.

“Movimenta BC” is not responsible for repairing any losses that may arise from the seizure and co-option of data by third parties that, by breaking the security systems, can access this information.

LEGAL NOTICE

Subject to the limitations stipulated in these terms and conditions, to the extent permitted by law, neither “Movimenta BC”, nor Balneário Camboriú, nor any of its directors, employees, agents or other persons involved in the creation, sponsorship, promotion or creation of the website/ platform and its content may be liable for any damages, possibly suffered by USERS for services provided or products offered by the ESTABLISHMENTS, that are made available or promoted on or through the platform.

“Movimenta BC” is not responsible for the use, validity, quality, convenience and adequacy of the benefit coupons offered by the ESTABLISHMENTS.

The USER recognizes and agrees that the ESTABLISHMENTS appear as the only and exclusive responsible parties in relation to the benefit coupons offered by them.

“Movimenta BC” does not appear as a seller, nor as a reseller of products and services.

Any complaints or divergences in relation to the benefit coupons must be resolved exclusively by the offering ESTABLISHMENT.

By making available photos of the products and services disclosed by "Movimenta BC", the ESTABLISHMENT grants, throughout the world, the irrevocable, unconditional and perpetual right to use, reproduce, display, distribute, sublicense and make available the photos/images, in the way it deems most convenient, exempting itself from any responsibility and obligation for posting.

INTELLECTUAL PROPERTY RIGHTS

The software necessary for the use of “Movimenta BC” and the respective intellectual property rights of the content, information and material of the platform are the exclusive property of Balneário Camboriú Convention & Visitors Bureau.

“Movimenta BC” also holds, with exclusivity, the rights, title and interests in all elements on which the intellectual property of the platform falls, including, but not limited to, the appearance, characteristics and infrastructure, in which the service remains available.

It is forbidden to copy, do web scraping, connect by direct or indirect link (hyper/deep link), publish, promote, market, integrate, use, combine or use the content and brand, including any translations and customer comments, without express written authorization from Balneário Camboriú Convention & Visitors Bureau.

Any illegal use or performance of any of the aforementioned actions or behaviors constitutes a material violation of intellectual property rights belonging to Balneário Camboriú Convention & Visitors Bureau and are liable to civil and/or criminal liability.

CHANGES TO TERMS AND CONDITIONS

These terms and conditions may, at any time, have their content, or part of it, modified for adjustments in order to improve the services provided.

The new conditions will come into force as soon as they are published on the website/platform, and it is possible for the USER to express opposition to any of the modified terms, provided that he does so in writing, through the website of "Movimenta BC", which will generate the cancellation of his registration.

COMMUNICATION CHANNEL

In order to establish contact between "Movimenta BC" and the USER, the electronic address of the user is made available, being certain that the USER is also obliged to maintain in his registration, an updated electronic address through which the communications addressed to him by "Movimenta BC" will be made.

ACCEPTANCE OF TERMS AND CONDITIONS OF USE

The USER declares to have read, understood and accepted all the rules, conditions and obligations established in these terms and conditions.

JURISDICTION

I am elected as competent to resolve any disputes that may arise from the interpretation and compliance with these terms and conditions, the Forum of the District of Balneário Camboriú/SC.