TERMS & CONDITIONS:

BRETON S/A, enrolled with Corporate Taxpayer’s Registry of the Ministry of Finance (CNPJ) under number 17.262.405/0001-09, headquartered at Rua Maria de Lourdes 464, Jardim Maria Helena, CEP 09.981-380, Diadema-SP, the sole and exclusive owner of BRETON branded domains, and hereinafter referred to as BRETON WEBSITE, establishes this instrument referred to as TERMS OF USE for the USER of the BRETON WEBSITE, according to the following conditions:

The BRETON’S USER is hereby aware and agrees that by using the BRETON Website, it will automatically adhere and agree to comply with the terms of these TERMS OF USE and any future amendments thereto.

The words in capital letters shall have the meaning assigned to them as follows:

USER OR USERS: It means the individual or legal entity that accesses and uses the services provided by BRETON.

WEBSITE: set of pages or area in the Internet environment that provides CONTENTS of a company or an individual.

BRETON WEBSITE: It means the Internet WEBSITE registered with the Núcleo de Informação e Coordenação do Ponto BR (www.registro.br) under the domain breton.com.br, with all the resources and tools related to this, as well as other BRETON-branded WEBSITES and domains registered with the respective bodies responsible for the classification and registration of the domain.

ADVERTISER: It means the individual or legal person that place their advertisements or publicity on BRETON WEBSITE.

COOKIES: small text file stored in browsers. This feature allows the identification of USERS and the targeting of documents according to pre-established parameters.

LINKS: means an electronic access, either by means of images or words, that allows the connection to other screens of the same WEBSITE, or even of other WEBSITES.

SPAN: Emails sent to a group of USERS without their permission.

CONTENT: It includes texts, applications, scripts, graphics, photos, sounds, images, music, videos, audio-visual combinations, animation, interactive features and other materials to which the USERS and ADVERTISERS have access to or submit to a WEBSITE.

This document informs the responsibilities, duties and obligations that each USER undertakes upon accessing and/or using the BRETON WEBSITE and its related services, such as software, supplements, plug-ins, bars and accessories, except when governed by a SPECIFIC TERM OF USE.

The USER must read carefully the terms below before accessing or using the BRETON WEBSITE, since its access or use implies full agreement with such universal terms.

BRETON WEBSITE and other WEBSITE participants shall only provide the USERS with information and services after they expressly agree to the TERMS OF USE, conditions and information contained herein, as well as to other documents incorporated thereto by reference. The use of the BRETON WEBSITE means full agreement with such terms, conditions and information.

Any errors in the operation of the BRETON WEBSITE will be corrected as long as it is necessary for maintenance. The BRETON WEBSITE shall not be liable for damages resulting from the non-availability or malfunction of the BRETON WEBSITE.

The USER hereby accepts to be identified by the BRETON WEBSITE system, such as by the use of COOKIES and/or other technologies. This policy aims at the continuous improvement of the services provided by the BRETON WEBSITE.

If you have any questions regarding the data collected by the BRETON WEBSITE, please consult our Privacy Policy.

THE BRETON WEBSITE will use its best efforts to prevent unsolicited sending of emails. Therefore, it is hereby agreed that the use of the BRETON WEBSITE for the distribution of SPAM or the indiscriminate sending of messages of whatever nature via electronic mail is forbidden.

THE BRETON WEBSITE is solely responsible for suspending and/or permanently disabling and applying legal measures applicable to USERS who use the BRETON WEBSITE for promoting their products or services for sale or for any other purpose, and which are denounced by the people who received these SPAM messages.

Any failure to comply with the terms, conditions and notices of this TERM OF USE gives the BRETON WEBSITE the right to cancel, suspend, delete and/or deactivate the registration, either temporarily or definitively, at its sole and exclusive discretion, without prejudice to the relevant legal penalties and without the need to report to the USER the action taken within its system.

All materials of the BRETON WEBSITE, including but not limited to the presentation, layout, brands, logos, systems, products, service designations and any other materials, including databases, programs, files, images, videos or materials of whatever nature and that have contractually authorized their placements on the BRETON WEBSITE are protected by the Intellectual Property law.

The rights of use and ownership are held by the BRETON WEBSITE and their affiliates, customers or providers of the right of use, and they provide that their reproduction, transmission and distribution of such materials, especially for economic or commercial purposes, are not permitted without the express written consent of the BRETON WEBSITE or its holder.

The undue use of materials protected by intellectual property rights (copyrights, trademarks, patents, etc.) presented on the BRETON WEBSITE shall be deemed a breach of the applicable law, and shall subject the infringing USER to the legal measures applicable to the case, without prejudice to damages and legal fees to the BRETON WEBSITE, as well as to third parties that may be harmed by the USER’S act.

The USER shall support the risks arising from the use of the BRETON WEBSITE. Therefore, if their use results in the need for services and/or replacement of USER’S material, equipment, property or information, the BRETON WEBSITE and its affiliates shall not be responsible for such costs.

The products, information, values, services, systems and/or software published on the BRETON WEBSITE may contain inaccuracies and/or misspellings, which is why BRETON shall use its best efforts to keep the WEBSITE updated periodically.

In no way shall BRETON be liable for any direct, indirect, special, incidental, or consequential damages resulting from the use of BRETON WEBSITE, including from any information, products and/or services obtained through BRETON WEBSITE or as a result of its use.

BRETON may change, modify and/or amend this TERM OF USE at any time, and such changes, modifications and/or amendments shall take effect only after they become public. Therefore, the USER undertakes to review the TERM OF USE of the BRETON WEBSITE from time to time, and, therefore, the USER accepts the TERM OF USE in force at the time he/she accesses or makes use of of services provided by BRETON.

The BRETON WEBSITE reserves the right to amend, reduce or exclude any CONTENT of the BRETON WEBSITE that it considers, at its sole discretion, that violates the guidelines of CONTENT, the Brazilian law or any other provision of these TERMS OF USE.

Any notices or communications that one of the parties must give to the other party in relation to any rights or obligations contained herein shall be made in writing and shall be deemed to have been effectively delivered at the BRETON’s address if:

  • Hand delivered with return receipt signed by the party entitled to represent the recipient;

  • Sent by courier service with return receipt or by mail, in the form of registered letter (AR); or

  • Sent by e-mail, or other proper electronic means of communication.

The parties agree to receive electronic messages and files as documentary evidence for all purposes, provided that a confirmation of receipt or another type of acknowledgement of receipt is issued.

It is hereby elected the Court of the Judicial District of São Paulo/SP to resolve any dispute arising from these TERMS OF USE, and the parties waive any other Court, however privileged it might be.