These Terms and Conditions apply to the use of the services offered by CARBONEXT TECNOLOGIA EM SOLUÇÕES AMBIENTAIS LTDA, a limited company, enrolled in the CNPJ/ME under no. 12.028.178/0001-20, headquartered at Rua Gomes de Carvalho, 1510 - 19° andar, Vila Olímpia, CEP 04547-005, in the city of São Paulo, State of São Paulo, called "CARBONEXT". Before using any of the services made available, the user states to have read, understood, and accepted all the conditions established in these Terms and Conditions of Carbonext ("Terms and Conditions"), as well as the general Terms and Conditions of use of the site.
1.1 The CARBONEXT site is a platform that consists of the intermediation of transactions, offering a secure way for individuals or companies to determine the amount of CO2 emitted per year, create an account and a subscription to neutralize these emissions, acquiring carbon credits from professional entities that seek to preserve nature and receive information and news about the carbon credits market.
1.2 By using the CARBONEXT email newsletter service, the user is committing to the following terms and conditions indicated below, being also subject to the anti-spam policy. Acceptance of this term is obligatory for any individual or legal person, hereinafter referred to as "USER", who intends to use the services provided by CARBONEXT, hereinafter referred to as "SERVICE", as well as all other policies and principles governing it.
2.1 Through the authorization to receive the CARBONEXT newsletter, the USER will start to receive via email newsletters containing selected information about the carbon credit market applied to the USER.
2.2 From the consent provided by the USER to receive the newsletter, CARBONEXT will treat the personal data provided at the moment of the registration, inserting the USER in an exclusive list for sending news and updates, without any financial cost.
2.3 When filling in the registration form, the USER will have to inform a valid e-mail account to receive the newsletters.
2.4 The sending of the Newsletter will only be available to the USER through previous and express consent and has as purpose to facilitate the receipt of news and activities carried out by CARBONEXT, permit the easy divulgation of its projects, achievements and realize a closer and more updated contact with the USER.
3.1. CARBONEXT is not responsible before third parties for the conduct of any USER of the online and offline platform.
3.2 CARBONEXT is not liable for any problems or anomalies related to hardware and software caused by technical problems on the internet, at the place of access, in the unfamiliarity with the operation of the platform, or, still, resulting from undue interference from third parties. In this sense, CARBONEXT is not liable for any damages or losses eventually caused to users or third parties.
3.3 CARBONEXT does not guarantee that the services, functionalities, contents, applications, and other elements of the platform will meet the needs, expectations, and demands of the USER, being its liability limited to the availability of the service and content in sufficient circumstances for the enjoyment.
3.4 CARBONEXT will not be responsible for the payment of indirect, consequential, or emergent damages, as well as, but not limited to, lost profits, sales, or revenues.
4.1. General Personal Data Protection Law: The Parties undertake to fully comply with the requirements of this Clause and the privacy and data protection legislation applicable in Brazil, including but not limited to Law 13.709/2018 ("LGPD").
4.2. The USER, in the position of the holder of the registered personal data, acknowledges, that he/she has provided CARBONEXT with free, express, and informed consent for the treatment of his/her Personal Data aiming at receiving the newsletter by CARBONEXT's website.
4.3 CARBONEXT considers all information provided by the holder, especially his/her data, confidential, ensuring that it will be treated and stored according to the determinations of the General Data Protection Law ("Law No. 13,709/2018").
4.4. The USER declares to be aware that CARBONEXT may share the personal data collected and informed with third parties, in the following situations:
4.5. The personal data collected by CARBONEXT will be stored in its servers or contracted by it, being adopted the efforts required by Law No. 13.709/2018 to ensure the security of its systems in the safekeeping of such personal data.
4.6. The USER may request at any time the deletion of his/her data collected by CARBONEXT. This will undertake the best efforts to meet all requests for exclusion in the shortest possible time, emphasizing, however, that depending on the specific case may be necessary to keep the personal data stored for specific purposes and according to the legal basis provided in Law No. 13709/2018, the situation in which the holder will be duly informed. The request for exclusion of personal data will result in the cancellation of the term if it is still in force.
4.7. By accepting the terms of this contract, the USER expresses his free, express, and informed consent concerning the mechanisms of safekeeping, storage, and other forms of treatment of personal data collected by CARBONEXT, as applicable following the General Law of Data Protection (Law No. 13,709/2018).
4.8 As a user of the Platform, the USER and in case of being a legal entity, its collaborators, representatives, and partners will have to keep strict confidentiality concerning all instructions, determinations, and information that it may receive or have access to due to the relationship with CARBONEXT. The obligation of confidentiality will persist even after the termination of the subscription. If this obligation is breached, you will be required to indemnify CARBONEXT for all property and extra-patrimonial damages.
5.2 By registering on the Platform, the USER also agrees that any notices, contracts, disclosures, or other communications sent to him/her by CARBONEXT electronically, satisfy the legal requirements of communication.
5.3 CARBONEXT reserves the right to alter, suspend, cancel, terminate or modify, at any time, in whole or in part, temporarily or definitively, features, items, functionalities, application utilities, products, contents, and/or forms of access offered to users of the Platform.
5.5. The USER must be 18 (eighteen) years old or be civilly capable or be in possession of legal authorization from parents or guardians, and fully capable of consenting to the terms, conditions, obligations, affirmations, representations, and guarantees described in this Term of Acceptance and incorporated documents.
6.1 The platform, including all items of content is protected by copyright, trade secret, trademark, software registration, and other intellectual property laws and treaties.
6.2 CARBONEXT is the owner or licensee of all content, as well as is respectively owner or licensee of all rights related to the platform services that are protected by copyright legislation and other intellectual property rights. In this sense, and as described above, the USER may not:
7.1 This Term shall be governed and construed following the laws of Brazil.
7.2 The Parties elect the District Court of São Paulo/SP, as the sole jurisdiction to settle any disputes arising from this Agreement, with express and irrevocable waiver of any other, however privileged it may be or become.
7.3 If any provision or provisions of this Term of Use shall be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
7.4 A waiver of any term of this Agreement shall not be deemed a further or continuing waiver of such or any other term, and the omission by CARBONEXT of any right or provision under this Agreement shall not constitute a waiver or novation of such right or provision.
7.5 And, for being just and contracted, the Parties, through their legal representatives, digitally sign the present Agreement. The acceptance given by the USER to the terms of this instrument will be valid as a signature.