Terms and conditions

Please read these Terms before accessing, downloading or using any information, data, text, images, video or audio or any other materials or Digital Services made available by WFMLOG LTDA. By accessing or browsing the site, you acknowledge that you have read and understood these terms and that you agree to be legally bound by these terms. If you do not agree with these terms, you must stop accessing or using the website. If you agree to these Digital Services User Terms on behalf of a company or other entity, you represent that you have the authority to bind that entity and its affiliates to these User Terms, in which case “User” shall refer to such entity and its affiliates. If you do not have authority or do not agree to these User Terms, you must not access, use or benefit from the Digital Services in any way.

1. Use of Digital Services

1.1. Use of the Digital Services is subject to the terms set out below, any instructions or additional terms issued in conjunction with the Digital Services at any time, the privacy policy and cookie policy available at www.wfmlog.com.br/cookies

1.2. The User Terms establish the rules in which WFMLOG provides access and the User can use or access the services made available by WFMLOG. Any payment through the website www.wfmlog.com.br will be agreed between the User and WFMLOG in a separate agreement.

1.3. The User Terms will not affect the terms of any contract for supply chain services, terminal services or other service agreements between the User and WFMLOG LTDA, however, these User Terms will form part of such agreements/agreements to the extent where the services are provided by WFMLOG or accessed by a User.

1.4. Unless otherwise agreed in a separate agreement, WFMLOG may, at any time, change or update the terms and anything described therein, without prior notice to the User. If a modification is unacceptable, the User may immediately discontinue the Service(s).

In addition, WFMLOG International Services may, in its sole discretion, change these User Terms at any time. The most recent version of these terms is published

Date: 02/01/2020

2. Definitions

2.1. “Communication” has the meaning described in clause 4.1 of this document.

2.2. “Content” means any information, data, text, images, video, audio or any other material made available by WFMLOG in the Service or generated by the User in the online services.

2.3. “Credentials” means any login details (e.g. username, password, access key, etc.) recorded for a User issued by WFMLOG LTDA to a User or created by a User in order to identify access and use of the services by the User.

2.4. “Services” means any services or facilities made available to the User or received by the User directly from WFMLOG or through a web page owned by WFMLOG Serviços Internacionais LTDA.

2.5. “WFMLOG” means WFMLOG Serviços Internacionais LTDA, a Brazilian company with address at Rua do Comércio, 25 - Centro, Santos - SP, 11010-122. (Thirst)

2.6. “User” means any person who accesses the online services made available by WFMLOG, whether on their own behalf or on behalf of a company or a third party.

2.7. “User Materials” means any information, data or other content or materials posted or uploaded by a User or their actions and activities while using an online service.

3. Authorization to Use the Digital Services

3.1. If necessary, the User agrees to access and use the services only using valid Credentials.

3.2. The User must observe any term, instruction or agreement with WFMLOG in relation to the online services and only access and use the services and the Content in accordance with the restrictions, conditions and procedures set forth in the User Terms.

3.3. Subject to full compliance with the User Terms, the User is hereby granted a limited, terms-based, revocable, non-exclusive and non-transferable right to access and use the online services and Content as is and only for the purposes reasonably foreseen by WFMLOG LTDA. The User may not:

(a) use or permit any other party to use all or part of the Services or Content or in connection with activities that violate any relevant laws, infringe the rights of any third party or violate any applicable rules, content requirements or codes;

(b) post, upload, temporarily store (if such a feature is provided) or transmit via the online services any information, material or content that may be or may encourage conduct that may be unlawful, threatening, abusive, defamatory, obscene, vulgar , discriminatory, pornographic, profane or indecent; or

(c) use the online services for the purpose or as a means of sending “flame” or “spam” emails. If this occurs, it is WFMLOG's responsibility to block or ban the User responsible.

3.4. Misuse in any way, intentionally or unintentionally, of the Services and/or the Content will constitute a material breach of the Digital Services User Terms.

4. Communications

4.1. When a User accesses the Services, WFMLOG may implement an automated verification that valid Credentials have been applied. WFMLOG may treat any Communication, instruction or valid notice in the form received by WFMLOG from a User (“Communication”) as duly authorized and legally binding on the User, even if in fact such authority has not been given or if any Communication received by WMFLOG was fraudulent or conflicting or appears to conflict with other User instructions. WFMLOG will no longer have any obligation to verify the authenticity of the Communication or the authority of the User transmitting it.

4.2. When WFMLOG has reason to believe that the Communication received was not properly authorized or that any breach of security or User Terms has occurred. WFMLOG reserves the right, in its sole discretion, not to act or delay action on the Communication.

4.3. The User is responsible for the accuracy and completeness of the Communications received by WFMLOG and for ensuring that the Communications achieve the User's intended purpose and are correctly transmitted to our company. WFMLOG LTDA is not responsible for any delay or loss when the content of a Communication received is inaccurate, incomplete.

4.4. If the User, for any reason, requests the cancellation or modification of a Communication that WFMLOG has received, our company will make reasonable efforts to fulfill the request. However, WFMLOG International Services is not responsible for any failure to cancel or modify such Communication if such request is received at a time or in circumstances that make the fulfillment of the request unreasonable.

5. Office

5.1. If any Communication requires WFMLOG to act on behalf of (or on behalf of) the User with a third party, the User will designate WFMLOG as its agent. The User shall indemnify and hold WFMLOG harmless from any claims, losses, actions, lawsuits, damages or other liabilities (including damages or compensation paid by WFMOG to compromise or resolve a claim), and all legal costs or other expenses incurred by WFMOG as result, arising out of or otherwise related to your activities as an agent for the User, unless caused by WFMLOG's negligence.

5.2. When WFMLOG passes on Communications, information or content received to third parties or otherwise works with third parties on behalf of the User (or on behalf of the User), WFMLOG is not responsible for:

(a) any delay or failure of the third party to process the Communication, information or content;

(b) the use of or reliance on any Communication, information or content by any third party.

6. Credentials and Security

6.1. The User is always obliged to keep all Credentials used to access the services secret and confidential and the User must ensure that no third party accesses the online services using the User Credentials. If the User suspects that any third party may be making use of the User's Credentials, the User shall immediately inform WFMLOG of this fact and provide all reasonable assistance to WFMLOG in relation to any subsequent investigation or other activities carried out by WFMLOG LTDA as a result.

6.2. WFMLOG is not responsible for any delay or loss caused by misuse or misapplication of the Credentials.

6.3. The User agrees to comply with any reasonable instructions that WFMLOG may issue from time to time regarding the security of the Services. The User agrees that he will implement and maintain current appropriate security measures relating to his access to and use of the Services, the Content and the information stored on the User's computer systems. The User and WFMLOG shall take all reasonable precautions to ensure that your communications through the Services and your own systems are not affected by computer viruses or other destructive or disruptive components.

6.4. WFMLOG will apply commercially reasonable security measures in relation to online services. The User confirms that the level of security provided by the proper use of the Credentials is adequate to protect its interests.

6.5. User shall not reverse engineer, decompile or otherwise interfere with or publish or make available to third parties the Credentials or any other software, data, tools or resources made available to them in connection with the online services.

6.6. The User must notify WFMLOG as soon as reasonably practicable upon becoming aware of any actual or attempted unauthorized access to the online services or any unauthorized transaction or attempt to perform an unauthorized transaction in connection with the services or any other circumstance that may reasonably be likely to result in any harm to the security of the online services or Credentials.

6.7. The User shall not do anything that could compromise the security of the services, the Content, the Credentials or the systems or security of WFMLOG or any other parties.

7. Intellectual Property Rights

7.1. Ownership of all copyrights, database rights, patents, trademarks or service marks, product names or design rights (whether (partially) registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in the future, including, but not limited to, any derivative works (“Intellectual Property Rights”) and similar rights and interests in all domain names, trademarks, logos, appearing on the Services and all Content, or otherwise related to the online services and Services offered by WFMLOG.

7.2. User shall obtain waiver of any moral rights in any User Materials. User irrevocably grants a perpetual, fully paid, irrevocable, worldwide license to WFMLOG and its licensors to use any User Materials for all commercial purposes, including, without limitation, copying, altering, incorporating into other materials, publishing, sublicensing, reselling , create derivative works or otherwise and provide them to third parties (and allow those third parties to use and sublicense the User Materials) anywhere in the world. The User agrees to take all steps (including the completion of any additional documents) that may be necessary in any jurisdiction to give effect to this clause.

7.3. WFMLOG LTDA does not guarantee or represent that the use of the online services or the Content by the User will not infringe the rights of third parties.

8. Exclusion of Warranties

8.1. The Services are provided as-is, with no guarantees as to their availability or fitness for purpose. WFMLOG will use reasonable commercial efforts to make the services available to the User and to ensure that the online services operate in substantial compliance with their descriptions.

8.2. WFMLOG does not guarantee that the Content is accurate, sufficient, complete or up to date at the time it is accessed. The User must ask further questions to satisfy the User as to the accuracy and completeness of any Content before relying on it. WFMLOG does not guarantee that access to the services will be uninterrupted or error free. Access to online servers may be suspended or withdrawn for Users either temporarily or permanently at any time and without notice. WFMLOG may also impose restrictions on the duration and manner of use of any part of the Services for any reason.

8.3. Quotes issued by WFMLOG for services are for informational purposes only and are subject to change without notice, eg for ad hoc charges and exchange rate fluctuations until confirmation is issued by WFMLOG in writing.

8.4. User is responsible for the accuracy and completeness of any User Materials. User shall ensure that User Materials do not infringe any Intellectual Property Rights or other rights of third parties and are not defamatory, illegal, immoral or otherwise likely to violate or infringe any right or requirement or give rise to any claim for loss. or damages by any third party.

8.5. Except as set forth in the User Terms of Services or separate agreement, WFMLOG shall have no liability for breach of any implied warranty, term or condition that may apply, including (without limitation) with respect to the operation, quality or fitness for purpose of the online services or any Content.

9. Hyperlink to and from Digital Services

9.1. The Services may contain certain links or references to websites operated by third parties or incorporate third party services. WFMLOG makes no warranty or representation with respect to any third party website or service that the User may access through the Services or that the User may use or access to enable access to or use of these Digital Services and any Content. Any such website or service is entirely separate and independent from the services and WFMLOG has no control over the content or operation of such.

10. Responsibility

10.1. WFMLOG shall not be liable for damages, including viruses, malware, Trojan horses, time bombs, worms or any other harmful software that may affect any equipment, hardware, mobile device, software, data or other property as a result of the User's download. , installation, access or use of the online services. WFMLOG will also not be responsible for the actions of third parties.

10.2. WFMLOG's entire liability to the User, regardless of how arising out of or in connection with the User Terms of the Services or the Content (including with respect to negligence) shall, in the aggregate, in connection with any claim, or series of claims relating thereto, arising from the same cause in any calendar year, not exceeding US$ 5,000 (five thousand American dollars).

10.3. The User must ensure that no claims above the total limit of liability set out in clause 10.2 are made against WFMLOG.

10.4. The User shall indemnify and hold WFMLOG harmless from any claims, losses, actions, lawsuits, damages or other liabilities (including damages or compensation paid by them to compromise or resolve a claim), and all legal costs or other expenses incurred by WFMLOG arising out of of any actual or potential breach by User of any duties or obligations (including negligence) owed by User in connection with the User Terms of the services, User Materials or Content.

10.5. Nothing in these Terms of Service User shall exclude or limit liability for death or personal injury resulting from gross negligence or fraud on the part of WFMLOG.

10.6. Except as set forth in these Services User Terms, WFMLOG shall have no liability with respect to Credentials, online services or Content in any form whatsoever (including, without limitation, under any implied warranty, condition or term). In addition, WFMLOG will not be responsible for the accuracy of any data made available in the tool or for the use that Users make of the data made available.

11. Indemnity

User agrees that use of the Services is solely under User's control and subject to compliance with these User Terms. User agrees to indemnify and hold WFMLOG and its employees, directors, officers and consultants harmless from any and all claims, damages, liabilities, costs and fees (including all legal costs or other expenses incurred by WFMLOG as a result of any breach) arising from the use of the services or the use thereof by any third party making use of User Credentials.

12. Termination and suspension

12.1 WFMOG may terminate all or part of any User's access to or use of the Services, Content and/or Credentials, immediately if the User violates these terms or upon 7 days' written notice.

12.2. WFMLOG may suspend all or part of access to or use of the Services, Content, User Materials or Credentials for routine, non-routine or emergency scheduled or unscheduled maintenance or for any other reason WFMLOG deems reasonably necessary to do so. In the event of such suspension, WFMLOG will, where reasonably practicable, use reasonable efforts to notify the suspension through the services in advance. But it is not our responsibility to notify about the suspension and the User may contact us to resolve doubts.

12.3. Termination of these Services User Terms will not affect the parties' rights and remedies accrued prior to termination, nor will it affect any provision intended to continue after termination.

13. Miscellaneous

13.1. If a conflict arises between (a) these User Terms and the Privacy Policy mentioned in clause 1.1, the Privacy Policy will prevail to the extent of the conflict; and (b) these User Terms and any other terms relevant to a particular online service, those other terms relevant to a particular service will control to the extent of the conflict.

13.2. Use of Credentials, Services or Content may be subject to certain legal or regulatory requirements in some jurisdictions. The User may only access or use the Credentials, online services or Content to the extent that such access or use is permitted in the jurisdiction where it was accessed or used.

13.3. The User may not assign, assign or transfer any right or benefit under any provision of the Digital Services User Terms without the prior written consent of WFMLOG LTDA.

13.4. WFMLOG will not be liable for any events of force majeure, including loss (including, without limitation, loss of profit), damage, delay or failure to perform any of its obligations related to the online services caused in whole or in part by the action of any government or governmental agency, natural occurrence, law or regulation (or any change in its interpretation), injunction, currency restriction, sanction, exchange control, industrial action (whether or not involving its personnel), war, pandemics, endemics, action terrorist attack, equipment failure, interruption of power supplies, or anything else beyond your reasonable control.

13.5. The User Terms supersede all prior agreements, communications, representations and discussions between the parties relating to the online services. Except as expressly stated, no party shall have a right of action against WFMLOG arising from any prior agreement, communication, representation and discussion in relation to the services (except in the case of misrepresentation) and it is acknowledged by the User that it has not relied on any terms, warranties, representations or conditions other than those expressly stated in the User Terms. No modification or waiver will be binding on WFMLOG unless it is in writing and agreed by an authorized representative of WFMLOG International Services.

13.6. References in the User Terms to “in writing” or “written” include communication by email or other electronic form. References in the User Terms to the singular include the plural and vice versa.

13.7. Each of the provisions of the User Terms is separable from the others and, if one or more of them becomes void, illegal or unenforceable, the others will not be affected in any way.

13.8 WFMLOG's rights under the User Terms may be exercised as often as necessary and are cumulative and not exclusive to your rights under any applicable law. Any delay in exercising or failing to exercise such right is not a waiver of that right.

13.9. WFMLOG may assist or cooperate with authorities in any jurisdiction in connection with any guidance or request for disclosure of personal or other information relating to any User or the use of the Services or Content.

13.10. WFMLOG may process, for the purpose of providing the services, any personal information it receives from the User in connection with the use of the online services. This processing may take place in countries outside the European Economic Area. The User warrants that WFMLOG's processing of such information in accordance with the User Terms will not place WFMLOG International Services in violation of any applicable law or the User Terms.

14. Law and Jurisdiction

14.1. The parties agree that the User Terms will be governed by and interpreted in accordance with Brazilian law and will be subject to the exclusive jurisdiction of the Supreme Court of Justice in Brasilia.