Terms of use
Welcome to the Tuper website!
Below are the Terms of Use (the “Terms”), a document that lists the basic rules that must be followed by everyone who accesses this TUPER SA site or uses its features, in this case the User.
As a condition of accessing and using the features of the site, the user declares to have read this document fully and carefully and to be fully aware of and agree to its terms.
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1. WEBSITE FEATURES
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1.1 Features. The TUPER S.A. website, registered under the domain https://www.tuper.com.br, has the following functionalities and information:
– Institutional information about TUPER S.A. and its units; Products and Solutions; Certificates and Policies;
– Logistics services and forwarding to external pages of Customers, Employees and Partners, Suppliers and Carriers;
– Information about sustainability, governance, environment, social investment, and health and safety;
– People: information about development, corporate education, compensation, attraction and selection of new employees;
– Press room: place for journalists to register and receive content about TUPER SA.
– Image and Video Gallery
– News Gallery
– Download area for materials such as catalogs, folders, manuals, among others.
– Publications and Reports
– Fraud Protection Information
– Contact us
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1.2 Lawful age. Access and use of the site is free to all, however, some functionalities such as registration in certain environments may require acts performed by people over 18 (eighteen) years of age, according to the legislation in force.
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1.2.1 In these cases, legal representatives must supervise and represent children and adolescents under the age of 16 (sixteen), and assist adolescents over the age of 16 (sixteen) and under the age of 18 (eighteen), whenever applicable.
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1.2.2 TUPER S.A. may refuse, not approve, cancel or limit any requests if the user does not provide correct data.
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1.2.3 The same will apply during the use of the site, if it is used fraudulently, or attempts to or violates these Terms or any applicable laws.
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1.3 Eligibility. TUPER S.A. may change the eligibility criteria for access and use of the Site at any time and at its discretion without the need for prior notice or communication to the User or any third party.
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1.4 Emails. By providing their data on the site, the User agrees that you may receive email informed the register, messages with warnings and advertising content for products or services of TUPER SA and its partners. The User can opt in the e-mail itself or through the instructions contained in the site to no longer receive such communications.
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1.5 Website presentation. The site and its functionalities are presented to the User in the manner in which they are available, and may undergo constant improvements and updates.
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1.5.1 In this case the TUPER SA undertakes to preserve the functionality of the site with reasonable efforts, with links not broken and using layout that respects the usability and navigability, where possible, and display the features clearly, fully, accurately and sufficiently so that there is a correct perception of what is being practiced.
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2. USE OF THE WEBSITE
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2.1 Confidentiality of account access data. The User is obliged to keep his/her account access data confidential with respect to third parties and to use it in an individual and non-transferable manner by not providing, disclosing or sharing with anyone his/her password or other authentication mechanism. If a user suspects that the confidentiality of their password has been breached, they should change or update it as soon as possible. User understands and acknowledges that all accesses and transactions occurring after its successful digital authentication shall be construed to be its sole and uncontested responsibility, including those resulting from improper use or disclosure to third parties.
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2.2 Website Integrity. The user undertakes not to access the programming areas of the site, its database, source codes or any other set of data available in these environments, and not to reverse engineer, translate, decompile, copy, modify, reproduce, rent, sublicense, publish, disclose, transmit, lend, distribute or otherwise improperly dispose of the functionality of the site.
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2.3 No data mining. The use of site data mining software of any type or kind is prohibited, as well as any other software not mentioned herein that acts in a similar manner.
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2.4 Indemnity. In the event of a breach of any provision of this clause by User, User shall indemnify TUPER S.A., its affiliates and/or agents, and any injured third parties, as the case may be, for all losses, damages, including moral or competitive damages, costs or other charges caused by such breach, including but not limited to attorneys’ fees and court costs incurred in connection with said breach.
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3. CONTENT, DATA AND INTELLECTUAL PROPERTY.
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3.1 Content. Except as otherwise provided in these Terms, all information, news, images, trademarks and marketing information available on the Site in any language or form is the exclusive property of TUPER SA or is licensed to TUPER SA. (“Content”). User’s use of the Site does not create a presumption of transfer of such ownership or license. For this reason, the User should not commercialize all or part of the Content by any means, whether or not onerously, knowing that doing so may be penalized by civil and criminal TUPER SA and / or any third party holder of the Content.
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3.1.1 The removal, blocking or suspension of any content or functionality of the site due to any complaint, should always be understood as a demonstration of good faith and intention of amicable resolution of conflicts, never as recognition of guilt or any infringement by TUPER SA to third-party rights.
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3.2 Your Data. User is and shall remain the owner of all data, information, text, images, messages, videos, audio, graphics or any other materials submitted and/or shared in any way on the Site by User (“Your Data”), and shall be solely responsible for them, and User shall be solely responsible for respecting any third party intellectual property or any other related rights.
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3.3 Legality of Your Data. TUPER S.A. will not be obliged to process or process any of your data if there is reason to believe that such processing or processing may impute to TUPER S.A. a violation of applicable law or that the website is being used, in the judgment of TUPER S.A., for illegal, unlawful or contrary to good morals purposes.
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3.4 No guarantees for your data and content. You are responsible for providing a complete and verifiable source for the Content or Your Data. Therefore, TUPER SA shall not be liable for any inaccuracy, outdatedness or error in this Content or its Data and shall not be liable for any damages whatsoever arising from this Content in any capacity. TUPER S.A. is solely responsible for the fact that, upon request, the user may correct their data that is incomplete, inaccurate or outdated.
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3.4.1 Notwithstanding the foregoing, the user understands and agrees that TUPER SA has no actual or implied obligation to post any content or data of yours and may remove such content or data with or without notice.
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3.4.2 Under no circumstances should the User make decisions, whether or not severe, based entirely on the Content or any functionality of the Site.
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3.5 Storage. TUPER S.A. does not provide and the Site is not a data storage service, so TUPER S.A. has no obligation to store, retain or provide the user or any third party with a copy of your data or content unless required to do so by law with respect to the form or type of data processed.
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3.6 Algorithmic Intelligence. The Website may impersonally and automatically apply statistical models and algorithmic intelligence to index, filter and organize Content or Your data generated or shared through the Website.
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3.6.1 The user acknowledges that TUPER S.A. will not, unless in its sole discretion, disclose or provide to the user or any third party any system or algorithmic information related to the site.
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4. YOUR PRIVACY AND PERSONAL DATA
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4.1 Personal Data. If the User processes or transmits within the Site information relating to an identified or identifiable individual (“Personal Data”), the User is solely responsible for obtaining the necessary permissions from the holder of the Personal Data.
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4.1.1 TUPER S.A. will monitor by appropriate means its own compliance with the relevant data protection obligations, if applicable.
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4.2 Records. TUPER S.A. may record all activities carried out by the user on the site, including identification data, the device and connection used (“Records”).
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4.3 Purpose of Collection. The Records may be used for the purpose of: (i) identifying and servicing the User (ii) fulfilling obligations under these Terms (iii) improving the Site; (iv) protecting rights and obligations related to use of the Site; and (v) complying with a court order and/or administrative authority.
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5. DISCLAIMERS AND LIMITATIONS OF LIABILITY
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5.1 TUPER S.A. endeavors to maintain continuous and constant availability of the website. However, temporary unavailability may occur due to necessary maintenance or even due to force majeure, such as natural disasters, failures in communication systems and Internet access, invasive cyber-attacks or facts of third parties outside the scope of TUPER SA’s supervision and responsibility.
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5.1.1 If this happens, TUPER S.A. will do its best to restore access to the site as soon as possible, within the technical limitations of its services and those of third parties on which it depends to remain online. For this reason, the user is aware that they will not be able to claim compensation or damages if the site goes off air, regardless of the reasoning.
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5.1.2 You will be informed of any maintenance procedures that may result in the site being unavailable for an extended period of time through TUPER S.A.’s official communication channels.
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5.2 Without prejudice to the other terms of these terms and conditions, TUPER S.A. shall not be liable: For any problems, errors, faults or malfunctions that occur in your devices and equipment;
I. For any problems, errors, faults or malfunctions that occur in your devices and equipment;
II. For any direct or indirect damages caused by third party events such as, but not limited to, hacking attacks, system, server or internet connection failures, including the actions of software that may in any way damage your physical or logical assets as a result of accessing, using or viewing the site, and the transfer of data, files, images, text, audio or video contained on the site;
III. by navigating external links available on the Website, and you are required to read and act in accordance with the Terms of Use and the Accessible Resource Privacy Policy; and
IV. verify, control, approve or guarantee the adequacy or accuracy of the information or data available on such links, and therefore shall not be liable for any loss, damage or injury resulting from a visit to such sites, and the interested party must verify the reliability of the information and data displayed there before making any decision or taking any action.
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6 OTHER PROVISIONS
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6.1 Customer Service Channels. The User may use the “Contact Us” customer service channel available at www.tuper.com.br whenever the User notices or checks inappropriate content on the Site, whether or not it is illegal or contrary to the terms of use set forth in these Terms.
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6.2 Terms Update. These conditions are subject to continuous improvement and refinement. Thus, TUPER S.A. reserves the right to modify them at any time, depending on its purpose or convenience, such as for adequacy and legal compliance with a law or regulation that has equivalent legal force, including regulatory authorities, i.e. the user must check them each time the site is accessed.
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6.2.1 TUPER S.A. will notify the User in the event of an update to these Terms and Conditions through the tools available on the Site or through the means of contact provided by the User.
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6.2.2 When navigating the Site and using its features, the User agrees to be bound by the Terms in effect on the date of access. It is therefore recommended that the user be informed of the conditions in force.
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6.3 Novation and waiver. Toleration of a breach of any of the terms of these terms will not constitute a waiver or novation, nor will it prevent TUPER S.A. from requiring these terms at any time.
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6.4 Nullity. If any provision of these Terms is held to be unenforceable or invalid, the remaining provisions will continue in full force and effect.
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6.5 Communication. User acknowledges that all communications sent by email (to the email address provided upon registration) are valid, effective and sufficient to disclose any issues with the site.
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6.6 Date and time. The site is based on the official date and time in the city of Brasília, Brazil. (UTC/GMT -03:00).
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6.7 Applicable law and forum. These Terms shall be construed in accordance with Brazilian law, in the Portuguese language, and the courts of the City of São Bento do Sul/SC shall be chosen for the resolution of any disputes, unless applicable law expressly provides for other personal, territorial or functional jurisdiction.
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7. GLOSSARY
I. TUPER S.A., a private legal entity, registered under CNPJ No. 81.315.426/0001-36, headquartered at Rua/Avenida Prefeito Ornith Bollmann, No. 1401, Bairro Brasília, City of São Bento do Sul, State of Santa Catarina. ZIP CODE: 82.282-427
II. Website: www.tuper.com.br and www.tuperescapamentos.com.br
III. Anti-Spam: A system that prevents unwanted correspondence, such as mass advertising, by blocking messages or moving them to a specific folder.
IV. Customer Service Channels: E-mail address and other “Contact us” channels available on the website to enable the User to contact TUPER S.A.
V. Access Account: A certificate that allows access to the restricted area and exclusive features of the site.
VI. Layout: The kit consists of the look, design and flow of the site.
VII. Link: Internet address terminology.
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Update: 04/12/2021
