TERMS AND CONDITIONS OF USE
Dear customers, CARE Natural Beauty is always mindful of our customers and their personal information.
Hence, these are the following terms and conditions of use of our Site [www.carenb.com], owned by CARE NATURAL BEAUTY COMÉRCIO DE COSMÉTICOS LTDA., registered under CNPJ/MF no. 30.853.732/0001-95, headquarters in Sao Paulo, State of Sao Paulo, at Avenida Engenheiro Luiz Carlos Berrini, 105, conjunto 1002, Zipcode 04.571-010 (referred to herein as "CARE Natural Beauty", "we", "us", "our"), as well as other tools or CARE Natural Beauty platforms related to the Site ("Site") by the User of this Site (referred in this document as "User", "you", "your").
By accessing or subscribing to any activities through this Site, you state that have read, understood and agree to be bound by these Terms and to our Privacy, Shipping, Exchanges and Returns Policies, as well as additional terms related to the Site, which are hereby incorporated into the Terms ("Agreements"), and, therefore, must be strictly respected.
IF YOU DO NOT FULLY AGREE WITH ALL THE AGREEMENTS, DO NOT USE THIS SITE OR PURCHASE ANY PRODUCTS THROUGH IT.
You acknowledge that we may, at any moment and to our sole discretion, change or modify these Terms and further Agreements. Ergo, we suggest you regularly review the Agreements. When we make changes to the Agreements, we will provide you with a description of substantial changes made. It will be sent to the e-mail address informed by you at the time of your registration or through a notice displayed on the Site homepage. After the implementation of the modified version of the Agreements, on your first access to the Site, we may request a new statement of acceptance to the latest version of the Agreements. Your continued use of the Site following the changes implemented will be deemed as your acceptance.
IF YOU DO NOT AGREE TO THE NEW VERSION OF THE AGREEMENTS, STOP USING THE SITE AND DO NOT PURCHASE ANY PRODUCTS IN IT.
BY ACCESSING THE SITE, YOU DISCLAIM AND WARRANT THAT (I) YOU ARE OVER 18 YEARS OLD AND THAT YOU ARE LEGALLY QUALIFIED TO BE BOUND BY AGREEMENTS AND CONTRACT OBLIGATIONS IN ACCORDANCE WITH THE LAWS OF THE FEDERATIVE REPUBLIC OF BRAZIL OR (II) IF UNDER 18 YEARS OLD, HAVE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN TO ACCESS AND PURCHASE PRODUCTS THROUGH THE SITE.
CARE NATURAL BEAUTY is available to answer any questions regarding the operation of the Site and the Agreements.
Restricted Personal Area: Section of the Site accessed by the User through a login and Password.
Registration Data: A User's personal information. It is used to identify you from others in order to create a profile to access the Restricted Personal Area, including, but not limited, full name, age, date of birth, marital status, qualification, affiliation, telephone number, e-mail address, ID (RG or RNE), personal registration number (CPF), home or business address, as well as any other information that may be requested by CARE NATURAL BEAUTY.
Login: Identifier chosen by the User when completing the registration to access the Restricted Personal Area and exclusive features of the Site.
Products: All products sold through the Site.
Password: A set of characters that serve as proof of the User's identity, whose knowledge must be exclusive and private.
User: Anyone browsing the Site.
3. THE SITE
Through the Site, the User will have access to the CARE NATURAL BEAUTY virtual store to purchase Products, to follow activities related to the purchase of Products after signing in to the Restricted Personal Area.
4.1. The Site is best viewed with a minimum resolution of 1024 pixels and is compatible with the following browsers: Microsoft Internet Explorer, version 7 or higher; Mozilla Firefox, version 3 or higher; and Google Chrome.
4.3. The User is responsible for installing/enabling such features on the device used to access the Site and for maintaining it secure by using relevant security tools such as antiviruses and firewalls.
4.4. The images displayed in the CARE NATURAL BEAUTY online store may not reflect the original size or current status of the generated content and are for illustration purposes only.
5.1. Although there are pages of free navigation, the purchase of any advertised products or activities related to such purchase on the Site will only take place through the completion of a registration procedure by the User. You, the User, will inform your Registration Data, as well as Registration Data of your legal guardian if you are under eighteen (18) years old.
5.1.1. Such registration will imply the creation of a unique navigation profile, which will allow the User access to the Restricted Personal Area, in addition to performing specific activities and participating in loyalty programs.
5.1.2. YOU ACKNOWLEDGE THAT THE PROVISION OF SUCH DATA IS ESSENTIAL FOR YOU TO USE THE RESTRICTED PERSONAL AREA AND PURCHASE GOODS AND, HEREWITH, ACKNOWLEDGE THAT YOU CONSENT THE COLLECTION, USE, STORAGE AND HANDLING OF YOUR PERSONAL DATA BY CARE NATURAL BEAUTY.
5.2. By registering, the User declares that all data, information, and documents provided by you to us through the Site are up-to-date, complete, accurate, and truthful. Also, you undertake to keep them updated adequately so that they remain complete, precise and correct and shall inform CARE NATURAL BEAUTY of any changes to your data, information, and documents, otherwise subject to any losses or damages resulting from your information being outdated, irregular or untrue.
5.2.1. Therefore, you, the User, may view and change your Registration Data or that of your legal guardians, if applicable, at any time, by accessing your Restricted Personal Area.
5.3. When registering, the User will declare express consent to the Agreements by electronic validation, the registration of which will be stored securely.
5.4. The User will receive in their e-mail box a message regarding the confirmation of their registration on the Site containing an activation link.
5.5. If the User does not agree to the Terms or other Agreements, the User will not be able to carry out the activities inherent to the Restricted Personal Area navigation profiles.
5.6. During the registration process, the User must create a Login and Password, which will be personal, non-transferable, and confidential.
5.7.1. The Password must contain at least 6 (six) characters, including letters, numbers and special characters that are difficult to guess. It is not recommended to use letters, number sequences, names of loved ones, or special dates.
5.7.1. Notwithstanding the minimum requirements described above, the User is solely and exclusively responsible for maintaining the security and proper control of their Password, and shall not share the Password with third parties, and shall change it immediately if the User becomes aware or suspects that a third party discovered it.
5.7.2. The User acknowledges and agrees to be solely responsible for all acts performed through your Restricted Personal Area.
5.7.3. In case of suspicion of improper use of your account by third parties, the User shall immediately report to CARE NATURAL BEAUTY, without detriment to the User's responsibility for the acts performed through on the User's Restricted Personal Area, including the payments related to the purchase of Products by third parties.
5.7.4. In case you forget the Password, the User may request the sending of your Password to your registered e-mail address, in the item "Forgot Password" in the login page.
5.8. The User may later cancel the User's registration at any time by accessing the Restricted Personal Area in the item "Unsubscribe".
5.9. During the term of your registration on the Website, You agree to receive periodic e-mail communications from us regarding the Site and Product sales on the Site, and that you may opt-out receiving such messages in connection with the offers. You may also receive periodic advertisements, other offers or materials from CARE NATURAL BEAUTY partners that we believe may be of interest to you, by the information you provide. YOU MAY CHOOSE NOT TO RECEIVE THESE PROMOTIONAL MESSAGES AT ANY TIME, SO MUCH TO (A) FOLLOW THE INSTRUCTIONS TO CANCEL SUBSCRIPTION IN EACH NEWSLETTER; OR (B) CHANGE PRIVACY SETTINGS IN YOUR ACCOUNT.
5.10. You acknowledge, however, that sending us e-mails to address administrative issues regarding your use of the Site and Products purchased through the Site, as well as the provision of relevant information is essential for us to manage and operate the Website. Hence you can only stop receiving such e-mails if you delete your registration.
6.1. To purchase the Products in the Site, the User must pay the corresponding amount indicated on the Site at the time of purchase. CARE NATURAL BEAUTY may, at its discretion and at any time, adjust or change its prices, as well as establish promotional prices for a specified time. Therefore, the User will not have any right to the previous prices.
6.2. Payments will be made through the payment methods provided on the Site. CARE NATURAL BEAUTY may, at any time, include, remove, or modify the means of payment accepted.
6.3. CARE NATURAL BEAUTY reserves the right to conduct a User Credit Review on the market to ensure its ability to honor payments.
6.4. In the event of late payment of any amount due to CARE NATURAL BEAUTY, CARE NATURAL BEAUTY may cancel the delivery of Products as well as suspend the User's access to registration on the Website, without detriment to any legal sanctions.
6.5. CARE NATURAL BEAUTY RESERVES THE RIGHT TO REPORT IMMEDIATELY ITS DATA TO ENTITIES PROVIDING CREDIT PROTECTION SERVICE WHEN DELAYED IN PAYMENT OF ANY AMOUNT ARISING FROM THESE TERMS.
7. INTELLECTUAL PROPERTY
7.1. You acknowledge that the Site, its content, design, text, graphics, the "CARE NATURAL BEAUTY" brand, as well as all other brands, trade names, logos, domain names and any other features employed by CARE NATURAL BEAUTY are the sole property of CARE NATURAL BEAUTY or its licensors and are protected by international intellectual property rights laws and treaties.
7.2. The simple access to the Site or the elaboration of registration to access the Restricted Personal Area do not give the User any right, title, or participation in any of these resources, entirely or partially.
7.3. Hence, the resources displayed or contained on the Site may not, in any way, be copied, distributed, reproduced, or disclosed in any form, under penalty of civil and criminal liability if done so.
7.4. Authorizations for the use involving copying resources displayed or contained on the Site may be collected upon prior request and formal approval of CARE NATURAL BEAUTY, which will be granted at the sole discretion of CARE NATURAL BEAUTY, and provided that the purposes are strictly personal, non-commercial and do not involve content modification.
7.5. The User undertakes not to question or assist others at any time to question the rights, titles or interests of CARE NATURAL BEAUTY or its licensors in respect of the remedies described above, under penalty of liability for damages incurred by CARE NATURAL BEAUTY or its licensors, without detriment to other legal sanctions.
7.6. If CARE NATURAL BEAUTY authorizes the posting of content on the Site, you represent and warrant that CARE NATURAL BEAUTY has all rights, titles, and interests in the content you enter on the Site or you have the permission of the content owners to post on the Site. You represent and warrant that by using the Site, you will comply with all applicable laws regarding the protection of intellectual property rights. You agree not to submit, post, send, display, disclose or distribute any content, information, or other materials in violation of copyright, industrial property, or any other proprietary rights. YOU WILL BE SOLELY RESPONSIBLE FOR ANY BREACH OF ANY LAWS AND ANY THIRD-PARTY RIGHTS INFRINGEMENT CAUSED BY YOUR USE OF THE SITE. YOU HAVE THE BURDEN OF PROOF FOR THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT INFRINGE ANY THIRD-PARTY LAWS OR RIGHTS.
7.7. IF CARE NATURAL BEAUTY COMES TO AUTHORIZE PUBLICATION OF CONTENT ON THE SITE, YOU EXPRESSLY GRANT AND AUTHORIZE CARE NATURAL BEAUTY AND ITS EXECUTIVES, DIRECTORS, OFFICIALS, AGENTS, AFFILIATES, SUBSCRIBERS, CUSTOMERS, ASSIGNEES, A FREE, SUBLICENSED, AND IRREVOCABLE CONSENT, WITHOUT LIMITS TO TERRITORY JURISDICTION AND VALID FOR THE PERIOD OF LEGAL PROTECTION AND ACCESSIBILITY TO COPY, DISTRIBUTE, PUBLISH, TRANSMIT, DISPLAY OR PUBLICLY MODIFY, ISSUE, ANY AND ALL INFORMATION, DATA, CONTENT, MATERIAL OR KNOWLEDGE YOU HAVE ENTERED ON THE SITE FOR PUBLICATION PURPOSES ON IT. YOU ALSO AGREE THAT THIS LICENSE INCLUDES CARE NATURAL BEAUTY'S RIGHT TO PUBLISH, DISPLAY, MARKET OR USE OTHERWISE THE AVAILABLE DATA. YOU AGREE TO DISCLAIM ANY CLAIMS THAT ARISE OR ARE RELATED TO CARE NATURAL BEAUTY'S EXERCISE THE RIGHTS GIVEN UNDER THIS ITEM, INCLUDING, BUT NOT LIMITED TO ANY ALLEGATIONS ON YOUR PRIVACY OR PROPERTY RIGHTS. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS CLAUSE.
8. PROHIBITED USES
8.1. The User undertakes not to use the Site and the User's account on the Site in any way that may result in an unlawful act, infringement, violation of rights or damage to CARE NATURAL BEAUTY or any third parties, including but not limited to use for the intrusion computer device for the purpose of obtaining, tampering with or destroying data or information without the express permission of the data subject, device or server on which it is stored, as well as to probe, scan or test the vulnerability of the Site, and will not attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to humanly perceptible form any of the source codes used by CARE NATURAL BEAUTY for the provision of the Site.
8.2. The User shall not post or share any files through the Site that contains viruses, worms, malware, Trojan horses or other programs that may infect, destroy or interfere with the proper functioning of the Site.
8.3. The User declares not to embody any person or entity, or misrepresent affiliation, connection or association with any person or entity.
8.4. If CARE NATURAL BEAUTY allows content to be posted on the Site, you represent and warrant that CARE NATURAL BEAUTY will not use the Site to send, post, transmit, display, make or distribute any content, information or material that: (a) is defamatory, abusive or threatening, violent, persecutory, obscene, lewd or pornographic; (b) constitutes child pornography; (c) solicits personal information; (d) incites, encourages or otherwise threatens another person; (e) promotes or glorifies racial intolerance, uses racist and/or prejudice-driven terms, or indicates hatred against any person or group of persons; (f) glorifies the use of illegal, heavy substances and drugs; (g) advertises or otherwise solicits funds or makes a suggestion or offers goods or services; (h) violates any provision of these Terms or other CARE NATURAL BEAUTY Agreements, guidelines or policies or (i) is generally offensive or in bad taste as determined by CARE NATURAL BEAUTY ("Censurable Content"). CARE NATURAL BEAUTY HAS NO RESPONSIBILITY OR DUTY TO MONITOR THE SITE CONTENT PUBLISHED BY USERS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE INFORMATION THEREOF. Notwithstanding the foregoing, and without prejudice to any other action it may deem necessary, CARE NATURAL BEAUTY reserves the right to terminate your registration on the Site or your submission, posts, participation, display, realization or distribution of Censurable Content. CARE NATURAL BEAUTY, in its sole discretion, may also exclude Censurable Content from the Site and its servers. CARE NATURAL BEAUTY intends to fully cooperate with any agency or law enforcement agencies in investigating any violation of these Terms or any applicable laws by taking action requested by the authorities as well as providing the documents and information determined by such authorities.
8.5. Any violation of Item 8 will subject the User to civil and criminal liability, in addition to other applicable legal sanctions.
9. THIRD-PARTY WEBSITES AND SERVICES
9.1. The Site may include links to third-party sites ("Third Party Websites"), some of which may or may not be related to CARE NATURAL BEAUTY. CARE NATURAL BEAUTY has no control over the content and performance of Third-Party Websites. By clicking the link to a Third-Party Website, You will be leaving the Site. Consequently, CARE NATURAL BEAUTY will have no control over your use of the Third-Party Websites. Such Third-Party Websites may have their terms and conditions of use and privacy policies, and your use of such Third-Party Websites will be governed by such terms and conditions and privacy policies.
9.2. CARE NATURAL BEAUTY HAS NOT REVISED, AND MAY NOT REVIEW OR CONTROL, MATERIALS, INCLUDING COMPUTER SOFTWARE, OTHER GOODS OR SERVICES, AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. SIMILARLY, CARE NATURAL BEAUTY IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT AVAILABLE ON ANY THIRD-PARTY WEBSITES, OR THE ACCURACY, PRECISION, CONTENT, APPROPRIATENESS, LEGALITY, OR QUALITY OF INFORMATION WHERE WE WILL HAVE TO HAVE CARE NATURAL BEAUTY DISCLAIMS, AND YOU AGREE TO ASSUME ALL LIABILITY FOR ANY DAMAGES, TO YOU OR THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
10. THIRD-PARTY PRODUCTS AND SERVICES
10.1. CARE NATURAL BEAUTY may enter into partnerships with third parties to provide products and services on special terms to Users who have registered to access the Restricted Personal Area, through links to Third Party Websites inserted on the Site. You acknowledge that by purchasing such products or services from third parties, you agree directly with such third parties.
10.2. CARE NATURAL BEAUTY HAS NO AND WILL NOT HAVE ANY CONTROL PRODUCT OR SERVICE SUPPLY BY THIRD PARTIES. HENCE, IN NO EVENT SHALL CARE NATURAL BEAUTY BE LIABLE FOR ANY LOSSES AND DAMAGES RESULTING FROM THEIR USER RELATIONSHIP.
11. USER’S RESPONSIBILITY
11.1. The User shall indemnify and be liable to CARE NATURAL BEAUTY for any losses or damages, including lost profits caused to CARE NATURAL BEAUTY, its employees, customers and/or third parties arising from its actions or omissions that violate the provisions of these Terms, other Agreements or the legal regulations in force.
11.2. Should CARE NATURAL BEAUTY be included as a party to any claim, including administrative assessments, arising out of or related to Your acts or omissions of liability as provided in the Agreements, you shall promptly request the exclusion of CARE NATURAL BEAUTY as part of the proceedings and assume any expenses incurred by CARE NATURAL BEAUTY, including, but not limited to, attorney's fees, expert fees, legal costs, fine, indemnity, court conviction, settlement, tax, and social security payments, among others.
11.3. Eventual instances will be verified for civil and criminal liability breach of these Terms by the User will be dealt with independently.
12. LIMITATION OF LIABILITY
12.1. CARE NATURAL BEAUTY will make reasonable efforts to keep the Site and all Site content available 24 (twenty-four) hours per day, seven (7) days per week based on Brasilia Standard Time. Nevertheless, CARE NATURAL BEAUTY does not guarantee that the operation of the Site will be uninterrupted or error-free. Also, it may be affected by technical difficulties, preventive or restorative maintenance. In addition, the Site may contain bugs, errors, problems, or other limitations notwithstanding CARE NATURAL BEAUTY's efforts to maintain the regular functioning of the Site.
12.1.1. You acknowledge from time to time that the Site may not be available or may have problems with your navigation due to:
• i) technical and/or operational maintenance that requires the removal of the Site from the air or makes it impossible to access it;
• ii) unforeseeable circumstances or force majeure;
• iii) third-party actions that prevent the availability of the Site;
• iv) interruption or suspension of services provided by telecommunications companies; and
• v) cases of transmission failures and/or routing Internet access, among others.
12.1.2. CARE NATURAL BEAUTY is not responsible for any unavailability or errors in payment processing that arise from third-party systems.
12.2. You acknowledge that the Site is provided "as is", and in no event shall CARE NATURAL BEAUTY warrant that the Site will meet your needs or any particular purpose beyond the general operating purposes described in these Terms.
12.3. CARE NATURAL BEAUTY uses appropriate security measures in accordance with industry standards to ensure the protection of the Site, and your information entered or collected through the Site. However, you acknowledge that no system, server or software is absolutely immune to attacks and/or intrusions by hackers and other malicious agents, and CARE NATURAL BEAUTY is not responsible for any unauthorized deletions, collections, uses or disclosures of your data resulting from attacks that CARE NATURAL BEAUTY could not reasonably prevent within these security standards.
12.4. You acknowledge that a catastrophic server failure or other events may result in the loss of all data related to your account. You agree and understand that it is your responsibility to keep a backup of your data to your personal computer or external storage device, ensuring these backups are safe.
12.5. To the extent permitted by law, under no circumstances will CARE NATURAL BEAUTY, its employees, contractors, subcontractors, partners, licensors, suppliers, partners or agents be liable for damages, indemnities of any kind, including but not limited to lost profits, loss of confidential data or information or other, loss of privacy, bidding costs for goods or similar services, resulting from or related to your use of the Site or the purchase of the Products through the Site, which are not the result of guilt or intent of CARE NATURAL BEAUTY, its employees, contractors, subcontractors, partners, licensors, suppliers, partners, or agents.
These Terms will be valid throughout your use of the Site, without detriment to CARE NATURAL BEAUTY's right to make changes to the Terms as set forth in Item 1 - Introduction.
14.1. Either Party may terminate these Terms and its rights at any time, for any or no reason, by notifying the other Party of its intention to do so in accordance with these Terms. These Terms will be automatically terminated if you breach any statements, warranties, or provisions of these Terms. This termination will be automatic and will not require any actions by CARE NATURAL BEAUTY.
14.2. Any terminations of these Terms will automatically terminate all User rights to use the Site. After termination, CARE NATURAL BEAUTY reserves the right to do whatever it deems necessary to prevent unauthorized use of the Site, including but not limited to the use of technology barriers, such as IP blocking and direct contact with your Internet service provider.
15. GENERAL RULES
15.1. These Terms will bind and benefit both Parties, as well as their successors, and authorized assignees.
15.2. These Terms, and other applicable Agreements, constitute the entire understanding between CARE NATURAL BEAUTY and the User regarding the use of the Site.
15.3. If any provision of this Agreement is held invalid or unenforceable, that provision shall be interpreted to reflect the original intent of the Parties, and the remaining provisions shall continue in full force and effect.
15.4. A waiver, by either Party, of any terms or conditions of these Terms, any breaches of it, in any instance, shall not mean a waiver of such terms, conditions, or any subsequent breaches.
15.5. CARE NATURAL BEAUTY may assign or transfer these Terms at any time, without obligation to notify you. These Terms and all their rights and obligations imposed by them may not be assigned or transferred by the User without the prior written consent of CARE NATURAL BEAUTY.
15.6. The Parties are independent. Thus no agency, partnership, joint venture, or employment relationship is intended or created by these Terms.
15.7. The titles in these Terms are for convenience only and will not limit, extend, or affect any of the provisions, terms, conditions or provisions of this Agreement.
15.8. For questions regarding the Site, its contents, these Terms, and other Agreements, the User should contact our customer service at firstname.lastname@example.org