The terms indicated below, used throughout the Conditions of Use of the COSTDRIVERS® Platform, shall have the following meanings:
INTERNET: worldwide computer network; WEB SITE: COSTDRIVERS® page hosted on the INTERNET under the domain (URL) www.COSTDRIVERS.com (http://www.costdrivers.com/) COSTDRIVERS® PLATFORM: Integrated Platform composed of modules, programs and databases licensed by the company Datamark Ltda that allow connection, in an interactive electronic environment between companies.
OF THE OBJECT
The purpose of this instrument is to establish the general conditions of use of the COSTDRIVERS® Platform for all its visitors, registered and/or licensed users.
TERM OF VALIDITY
This instrument of general terms and conditions of use of the COSTDRIVERS® Platform will be valid for its visitors for an indefinite period from the date of its use. For registered and/or licensed users, the terms and conditions specified in the respective registrations and licenses must be respected.
CONDITIONS FOR OPERATION OF THE COSTDRIVERS® PLATFORM
Users who simply wish to visit the COSTDRIVERS® platform will have immediate access to the free circulation areas on the website without the need to register. Users who wish to access the features and reserved areas must complete a registration process.
The user registered to access the platform must complete a registration form and provide a user code and private password. Upon agreement, the licensed user will receive 01 (one) user code and 01 (one) private password. The user code and private password constitute personalized identification for use of the services provided, which will be non-transferable and the sole and exclusive responsibility of their holder, and may not be subject to any type of assignment, transfer or commercialization by the same.
The registered user and/or the licensee assume full responsibility for themselves and third parties in the use of the user code and private password, and undertake to honor the resulting financial and legal commitments.
In the event of incorrect, false or unconfirmed information, as well as in the event of refusal to correct it or send documentation proving the correction, Datamark Ltda reserves the right not to complete the registration in progress or, even, to block the existing registration, preventing the User from using the online services until, at Datamark Ltda’s discretion, the anomaly situation is regularized.
During the term of validity of this instrument, visitors, registered users and/or licensees undertake to respect all instructions and application methods appropriate for the use of any modules of the COSTDRIVERS® Platform, and under no circumstances assign or transfer to third parties the rights and obligations arising from this instrument, without the express written authorization of Datamark Ltda.
COSTDRIVERS® PLATFORM MODULES
The COSTDRIVERS® Platform is divided into modules, which are regulated under the terms and conditions set out in this instrument:
COST COMPONENT MONITORING MODULE
The cost component monitoring module is an application of the COSTDRIVERS® platform that operates in an Internet environment and allows registered and/or licensed users to view information about the prices of cost components and the resulting cost trends of the analyzed products.
It also allows the registered and/or licensed user to select the cost components of interest, modify the weightings of the cost components and select the period for analysis. The cost component monitoring module works as a passive information conductor, respecting the terms of the general conditions of use of the COSTDRIVERS® platform.
The information contained in the cost component monitoring module was collected from third parties in good faith, under strict criteria, by Datamark Ltda., which cannot, in any way, assume any responsibility for its veracity or authenticity. Registered and/or licensed users will have exclusive and direct responsibility for the information entered by them into the module, and must exempt Datamark Ltda. from any responsibility for this information.
In the event that Datamark Ltda is sued in court due to this information, the responsible party will be obliged to compensate and reimburse Datamark Ltda for any damages and losses caused.
BENCHMARKING (ANONYMOUS EXCHANGE OF INFORMATION BETWEEN USERS)
The benchmarking module is an application of the COSTDRIVERS® platform that operates in an Internet environment and allows for an indirect connection between users who wish to exchange information of a commercial nature. The sub-application constituted by the benchmarking module functions as a passive information conduit for the exchange of information, respecting the terms of the general conditions of use of the COSTDRIVERS® platform.
Registered and/or licensed users will be exclusively and directly responsible for the information entered by them into the module, and must exempt Datamark Ltda. from any liability for this information. In the event that Datamark Ltda. is sued in court due to this information, the responsible party will be obliged to compensate and reimburse Datamark Ltda. for any damages and losses caused.
COSTDRIVERS® PLATFORM CONTENT
Datamark Ltda reserves the right to change, at any time and at its sole discretion, the technical characteristics relating to the content and form of operation of the COSTDRIVERS® Platform.
Visitors, registered users and/or licensees hereby expressly acknowledge that Datamark Ltda is the exclusive owner of the copyright and intellectual property rights of the COSTDRIVERS® Platform, declaring that they accept the obligation to respect the intellectual property and trademark rights of Datamark Ltda, as well as of all third parties that may be, or have been, in any way contained in the platform.
Simply accessing the platform does not grant visitors and/or users any rights to use the brands or intellectual property.
USER OBLIGATIONS:
Visitors, registered users and/or licensees, for the purposes and effects of the provisions of this instrument, undertake to:
Strictly respect the instructions and application methods appropriate to the COSTDRIVERS® platform, contained in this instrument and in the license term when signed;
- Promptly provide all information and data required by COSTDRIVERS®, committing to update them whenever there are changes to them;
- Perform all necessary acts to preserve the commercial reputation of the COSTDRIVERS® platform and its services;
- Be responsible for the suitability and veracity of the data and information provided to COSTDRIVERS® in connection with the execution of this instrument;
- Ensure that only authorized persons use the COSTDRIVERS® Platform and its services, being exclusively responsible for all damages and losses caused by them, before COSTDRIVERS®;
- Strictly comply with all obligations contained in the LICENSE term, when signed;
- Do not send routines or viruses that could infect the COSTDRIVERS® Platform, through any existing technological means;
- Maintain the strictest confidentiality regarding the information, operating platform, methods and instructions transmitted by COSTDRIVERS®, considered business secrets and;
- Do not allow unauthorized access, by third parties or your employees, to the COSTDRIVERS® platform.
PENALTIES
For failure to comply with any of the obligations agreed upon in the previous items, Datamark Ltda. shall have the right to immediately terminate this instrument, and consequently disconnect users registered and/or licensed on the COSTDRIVERS® Platform, without prejudice to their obligation to compensate Datamark Ltda. for losses and damages.
RESPONSIBILITIES OF THE COSTDRIVERS® PLATFORM
Datamark Ltda is committed to keeping the COSTDRIVERS® Platform fully operational in accordance with the SLA mentioned in the contract.
It is agreed between the parties that in the event of an interruption of the service, which results in an annual utilization of less than 99% (ninety-nine percent) of the service offered, due to unscheduled suspensions, Datamark Ltda will grant licensed users an extension of the service term equivalent to the time in which the service was deactivated above the guaranteed percentage rate.
Annual use must be calculated based on the date of signing the contract, valid for consecutive periods of 12 months. The extension of the service validity period will be counted in the thirteenth month after signing the contract, and granted by Datamark Ltda in the period after that date, repeating this procedure for each subsequent 12-month period.
Datamark Ltda.’s liability resulting from failures in sending and receiving information of any kind or defects and problems of any nature, provided that they are exclusively related to the COSTDRIVERS® Platform, and that cause proven damages, will be limited to registered and/or licensed users to the maximum amount of R$1,000.00.
Occurrences in which interruptions and suspensions are not due to Datamark Ltda’s fault are excluded, in which case registered and/or licensed users will exempt Datamark Ltda from liability of any nature, including but not limited to, the payment of compensation arising from direct or indirect damages and lost profits.
USER RESPONSIBILITIES
Registered and/or licensed users will be liable to Datamark Ltda or third parties for losses, damages and losses of any nature arising from, but not limited to, improper or unauthorized use, as well as for the sending of routines or viruses that may impair the functioning of the COSTDRIVERS® Platform.
OF TERMINATION
Except for the condition of termination, this instrument may be terminated, by operation of law, without the need for prior notification to the other party and at any time, in the following cases:
- If the registered and/or licensed user is declared in receivership, bankrupt, insolvent, or is liquidated judicially or extrajudicially;
- Suffer repeated notes or protests of titles;
- Engage in illicit practices or conduct that is harmful to the name and/or services of COSTDRIVERS®, as well as its brands;
- Conceal, hinder, or omit information relating to the use of the COSTDRIVERS® Platform;
- Improperly use the technology and methods of the COSTDRIVERS® Platform;
- Suffer the occurrence of an unforeseeable event or force majeure.
CONFIDENTIALITY
Registered and/or licensed users expressly accept that Datamark Ltda. is the legitimate owner of the COSTDRIVERS® Platform and all information and techniques related to the object of this instrument, as well as all its informative materials, which are subject to strict confidentiality, for which they undertake to maintain absolute secrecy and the obligation not to take possession of or reproduce any integral parts of the platform, except with express authorization from Datamark Ltda.
PRIVACY AND PROTECTION OF PERSONAL DATA
Datamark Ltda collects and uses the User’s personal data during their navigation on the Platform. Consult Datamark Ltda’s practices regarding the use of your personal data in the Privacy Notice .
INFORMATION SECURITY
To ensure that your personal information is secure, we communicate our privacy and security guidelines to employees and business partners and strictly follow privacy precautions within Datamark Ltda.
We strive to protect your personal information and that entrusted to us by our customers, through physical, technical and organizational measures that aim to reduce the risks of loss, misuse, unauthorized access, disclosure and improper alteration of this data.
ON AMENDMENT OF GENERAL CONDITIONS
Datamark Ltda reserves the right to change any terms of the General Conditions, previously informing its registered and/or licensed users.
COMMUNICATION BETWEEN THE PARTIES
Written communications, made in compliance with this instrument, must necessarily be delivered to the legal representatives of COSTDRIVERS®.
GENERAL PROVISIONS
Any cases not covered by this instrument shall be settled in accordance with current legislation and/or customs and practices when permitted by law. Tolerance by the parties to any breach of the provisions herein contracted shall not imply termination, novation or alteration of the obligations established.
OF THE ELECTION FORUM
To resolve any doubts or controversies arising from this instrument, the parties elect the Court of the District of the Capital of the State of São Paulo, expressly renouncing any other, however privileged it may be or may become.
