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These Terms and Conditions of Use should be read carefully.
1 AGREEMENT TO TERMS AND CONDITIONS OF USE
The use of the EGG SCIENCE Platform and the acquisition by the User of the EGG SCIENCE Services, even partially or as a test, will mean that the User is fully aware of all the provisions, also meaning full and complete agreement with the Terms and Conditions of Use presented herein.
The use of the EGG SCIENCE Platform and the acquisition of the EGG SCIENCE Services can only be carried out after reading these Terms and Conditions of Use, it being clear that their use and acquisition, in either case, will mean full compliance with the Terms and Conditions of Use presented. If you do not agree to any of the provisions of these Terms and Conditions of Use, you must not use and/or purchase the EGG SCIENCE Services. Therefore, it is clear and evident that the use of the EGG SCIENCE Platform and the acquisition of the EGG SCIENCE Services are not authorized in case of non-compliance with these Terms and Conditions of Use.
If the User disagrees with the Terms and Conditions of Use after the beginning of the use of the EGG SCIENCE Services, its use must be immediately interrupted, being certain that these Terms and Conditions of Use will be in force throughout the period of use and use of the Services, and the User is not responsible for claiming ignorance of these Terms and Conditions of Use.
In order to use the website, the EGG SCIENCE Platform or the Services, you must be at least eighteen 18 years of age or of legal age of majority in your jurisdiction, and have the legal authority, right and freedom to participate in the Services. The User is not permitted to use this website, the EGG SCIENCE Platform or the Services if this is prohibited in their country or under any law or regulation applicable to the User.
The terms listed herein, singular or plural, shall have the following meaning:
Subscription: one of the modalities of access to the Services.
Certification: process by which a user acquires the knowledge necessary for the proper use of the tools and evaluations of EGG Science. Certification is a prerequisite for the availability of the EGG Science platform to the User.
User Account: account held by the User intended to access EGG SCIENCE Services.
EGG SCIENCE: author and owner of the Services object of this Term of Use, having the corporate name EGG SCIENCE – Serviços de Desenvolvimento Humano e Empresarial Ltda.
Modalities of Services: form of offering the Services available on the EGG SCIENCE Platform, whose modalities will be arranged in a visible place on the web platform or mobile application owned by EGG SCIENCE.
EGG SCIENCE Platform: is the Software as a Service (SaaS) owned by EGG SCIENCE, called “EGG SCIENCE”, available in the form of a web platform or Application, which makes it possible to offer the Services.
– Individual and collective assessments, with the provision of customized reports;
– Assessments management platform, including sending invitations, managing teams, users and respondents, generating and printing results
Terms and Conditions of Use: this document, by means of which the User expresses his agreement, with the conditions of use of the EGG SCIENCE PLATFORM
User: is the person who uses the EGG SCIENCE Platform or purchases the Services from EGG SCIENCE, through a User Account.
3 MODALITY OF SERVICES
The Services provided by EGG SCIENCE are performed and offered in accordance with the Modality adopted by the User.
Any additional and/or complementary Services may be free or not, being certain that those not free may only be included in the Services with the express agreement of the User.
By purchasing the Services, you agree that you are responsible for reading the full list of the Services before making a commitment to purchase it.
The prices of the Services will be listed in a visible place on the website or on the EGG SCIENCE Platform. We reserve the right to change the prices of the Services at any time and to correct pricing errors that may occur inadvertently. Additional pricing and sales tax information is available on the payments page.
The fee for the Services and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged to your payment method.
4 LICENSE TO USE
These Terms and Conditions of Use regulate the way in which EGG SCIENCE grants the User a license to use the EGG SCIENCE Platform on a personal, non-exclusive and non-transferable basis, which must be used in accordance with the present rules of these Terms and Conditions of Use.
The use license being granted on a personal, non-exclusive and non-transferable basis, the availability of access data to the EGG SCIENCE platform to third parties constitutes an express violation of these Terms and Conditions of Use, and may result in immediate suspension of the user’s account in question.
The EGG SCIENCE Platform is not, under any circumstances, sold to the User, but licensed for use by the User, in accordance with Brazilian law. Your property will not be transferred to anyone without prior, express and specific consent of EGG SCIENCE.
By acquiring only one license of use, the User will under no circumstances have access to the source code of the EGG SCIENCE Platform software.
The use of the EGG SCIENCE Platform shall strictly observe all the terms and provisions of these Terms and Conditions of Use. In case of unauthorized use in these Terms and Conditions of Use, the User will be subject to all penalties provided for in these general conditions and in Brazilian law, as well as the payment of any losses and damages that EGG SCIENCE may suffer.
The use of the EGG SCIENCE Platform is conditioned to an active internet connection of the User, and EGG SCIENCE is not responsible for the provision of internet access services, and it is the User’s full responsibility to have internet with connection capacity.
EGG SCIENCE will not be responsible for the impossibility of using the EGG SCIENCE Platform in case of lack of connection to the internet, whether this failure is momentary or not.
Access to the EGG SCIENCE Platform will be made by the User through:
a User Account, with login and password, which will be created by EGG SCIENCE, linked to the User’s CPF, the User Account being for personal use and non-transferable, or
an individual link in s.eggscience.app/assessment?cf4=user code format. This link will give access to the use of the assessment purchased, as well as the automatic forwarding to the user of the corresponding reports.
The registration and use of the EGG SCIENCE Platform must be carried out with valid, complete and updated information, declarations and documents, and the User is civilly and criminally responsible for the veracity and accuracy of the information, exempting EGG SCIENCE and its partners from any damage or loss that the lack of correct information causes.
The User will always be fully responsible for the use of his account on the EGG SCIENCE Platform, and must adopt the necessary security measures to prevent the use by unauthorized third parties. If you suspect that a third party is improperly using your account on the EGG SCIENCE Platform, you must immediately change your personal password and report this fact to EGG SCIENCE.
The use of the EGG SCIENCE Platform in an improper, irregular, illegal manner or in disagreement with the conditions set forth in these Terms and Conditions of Use will imply the exclusion of the registration and the immediate termination of the User’s access to the EGG SCIENCE Platform, subject to legal sanctions.
The User or the Institution shall indemnify EGG SCIENCE its partners, employees, customers and/or third parties harmed by any loss, claim or demand, as well as for any and all losses resulting from the improper use of the EGG SCIENCE Platform in disagreement with the provisions of this instrument and applicable law.
EGG SCIENCE may permanently or temporarily terminate or suspend your access to the Service and the EGG SCIENCE Platform without notice and liability for any reason, including if, in EGG SCIENCE’s sole and exclusive determination, you violate any provision of these Terms or any applicable law or regulation. The User may discontinue use and request cancellation of the User Account and/or any service at any time. Notwithstanding anything to the contrary with respect to automatically renewed subscriptions for paid Services, such subscriptions will be discontinued only after the end of the respective period for which the User has already made payment.
6 MEANS OF PAYMENT
The means of payment for the Services are available on the website owned by EGG SCIENCE at the time of payment by the User.
Access to the Services will be available from the time EGG SCIENCE verifies the payment made by the User. In the event of non-confirmation of payment, EGG SCIENCE may notify the User by email, SMS or “push“, a direct communication tool with the User.
7 MINIMUM REQUIREMENTS FOR USE OF THE EGG SCIENCE PLATFORM
To use the EGG SCIENCE Platform, the User must have an active internet connection.
The requirement for use of the Software is access to the EGG SCIENCE Platform by web platform or by Application owned by EGG SCIENCE in a Mobile Application Store, whether it is the Apple Store, Google Play or any other store where the User Application is available for download.
Access to the EGG SCIENCE platform is limited to users who have satisfactorily completed the EGG SCIENCE Certification for each of the assessments they wish to use. The training and proof of Certification are an integral part of the services offered by EGG SCIENCE within the use license.
8 INTELLECTUAL PROPERTY
The User does not acquire, through the acquisition of the Services, any intellectual property rights or other exclusive rights, including patents, designs, trademarks, copyrights or any rights in confidential information or business secrets, as well as all content made available on the website, including, but not limited to, texts, graphics, images, logos, icons, photographs, editorial content and any other material related to EGG SCIENCE.
All content available on the website and on the EGG SCIENCE Platform, including, but not limited to, texts, graphics, images, logos, icons, photographs, editorial content, notifications, software and any other material is the exclusive property [NG3] of EGG SCIENCE or is duly licensed by it, and may not be copied, plagiarized, reproduced or published in any medium (physical or virtual).
The User is prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, making available, licensing or creating derivative works from the information collected on the website or on the EGG SCIENCE Platform, as well as transferring or using for commercial purposes such information, software, products or services, under penalty of violation of this instrument and characterization of legal infraction.
EGG SCIENCE reserves all rights to the Products and Services contained on the EGG SCIENCE website and Platform to you.
The use of tools, scripts, software, robots or media containing any viruses, worms, malware, trojans and/or other computer programs that may cause damage to EGG SCIENCE is expressly prohibited.
The website and the EGG SCIENCE Platform, although guaranteed to work well, are subject to constant modifications, resulting from optimizations and improvements, which aim to facilitate and make its operation safer and more efficient, better use of the resources made available, as well as making the relevant changes due to changes in legislation.
The User, for the duration of its license to use, will be entitled to access the new versions of the EGG SCIENCE Services.
The User hereby agrees with the modifications, improvements or corrections in the software model that it uses, being at the discretion of EGG SCIENCE the management and implementation of these updates.
10 ACCESS AND FUNCTIONALITY RESTRICTIONS
It is not allowed to access the programming areas of the website and the EGG SCIENCE Platform, its database or any other set of information that is part of the system programming, carry out or allow to be carried out any type of reverse engineering, translation, decompilation, copy, modification, reproduction, lease, sublease, sublicensing, publication, disclosure, transmission, loan, distribution or, in any other way, the provision of consultation tools of this platform and its functionalities to third parties without the prior and express authorization of EGG SCIENCE, being subject to criminal and civil liability under Brazilian law, without prejudice to the obligation to repair the damages they cause. This restriction includes any attempt to incorporate any information from the EGG SCIENCE Platform into any other directory, product or service.
It is forbidden to use spider/crawler or data mining programs, which have the purpose of breaking security systems, password, captcha, or any type or related species, in addition to others not typified herein, but which act in an automated manner, either to carry out mass operations or for any other purposes, under penalty of application of related legislation to protect the interests of EGG SCIENCE, without prejudice to the obligation to repair any losses and damages eventually determined and/or borne by EGG SCIENCE and arising from this misuse.
The collection of any personally identifiable information and registration of other Users of the EGG SCIENCE Platform for any purpose is also prohibited.
11 USER OBLIGATIONS
The following are the User’s obligations, without prejudice to the others provided for in these Terms and Conditions of Use and in the relevant legislation:
The User undertakes to:
- respect the provisions of this Term and the laws governing its use, exclusively employing them for the purpose for which the Service was intended;
- not to disclose your access data to third parties, nor allow the use of such information by third parties, being responsible for the consequences of the use of your registration, since they are personal and non-transferable, and must notify EGG SCIENCE immediately, through a secure means, of any unauthorized use or access to your account by third parties.
- use the Services and the EGG SCIENCE Platform exclusively for the purpose for which they are intended, refraining from traveling and storing data and information that is harmful to third parties; violate the law, morals, good customs; intellectual property; incorporating viruses or other physical or electronic elements that may damage or prevent their normal use;
- use only equipment capable and capable of meeting the minimum configuration requirements necessary for the use of the software, as well as for the correct handling of the program;
- not to access the EGG SCIENCE Platform and the Services under information from another person, using data from another User who is not legally responsible.
- keep your data updated, in order to make it impossible for another person to access your User registration;
- keep your computer or mobile device free from viruses or the like, thus providing greater security to traffic and storage of data/information;
- keep your registration data duly updated, otherwise, if you do not do so, all notices and notifications sent to the addresses contained in that registration will be considered valid;
Warranties and Liabilities:
EGG SCIENCE ensures the functionality of the EGG SCIENCE Platform and its Services, provided that they are properly used by the User in accordance with the instructions of EGG SCIENCE, for the duration of the license of use contracted by the User.
The aforementioned warranty shall not apply in cases where any non-conformity or defect is caused exclusively by:
- Any associated or complementary computer program whose joint use has not been expressly authorized by EGG SCIENCE;
- Unauthorized modification or use of the Services in disagreement with the rules and provisions of these Terms and Conditions of Use and/or the instructions that are provided by EGG SCIENCE;
EGG SCIENCE is not responsible for system damage caused by computer viruses, power failures, Internet connection interruptions, updates or failures inherent to the third-party hosting server or any other cause that is not directly associated with EGG SCIENCE.
EGG SCIENCE does not warrant that your website, the EGG SCIENCE Platform and the Services are error-free. EGG SCIENCE, however, will use its best efforts to remedy any programming error that the website, the EGG SCIENCE Platform and the Services may present.
It is assumed, for the purposes of these general conditions, and the User expressly agrees, that there is a worldwide consensus that there is no computer program totally free of errors or totally invulnerable; in the light of such consensus, in the event of any defect in the software, EGG SCIENCE reserves the right to be called upon to try to resolve it before any responsibility is attributed to it or if any compensation or indemnity is required.
This warranty assumes that the EGG SCIENCE Platform, object of this contract, is operated in a software and hardware environment of suitable origin, in a network system and electrical installations that are adequate and free of problems, and within the minimum configuration required by EGG SCIENCE. Hardware that originates from an unknown or not legally constituted manufacturer, or assembled in clandestine facilities, originating from smuggling or any other in which there is no express and valid warranty of manufacture of its whole or parts, is considered to be unfit hardware.
The warranties stipulated in this clause do not cover problems, errors, damages or losses arising from decisions taken on the basis of information, whatever are provided by the program(s), nor do they cover defects or errors arising from the negligence, recklessness or malpractice of the User in the use of the EGG SCIENCE Platform, and also problems arising from unforeseeable circumstances or force majeure.
The User is fully responsible for the information entered in the EGG SCIENCE Platform. Any and all information entered on the EGG SCIENCE Platform by the User will not, under any circumstances, be reviewed by EGG SCIENCE, which under no circumstances will be responsible for the content entered by the User on the EGG SCIENCE Platform.
In no event shall EGG SCIENCE be held liable for any damages, direct or indirect, physical, technical, economic, or fiscal, such as, but not limited to, losses and damages, loss of profits, consequential damages, business interruption or other losses arising from the use or inability to use the EGG SCIENCE Platform.
The User shall indemnify and hold harmless EGG SCIENCE from any claims, losses, liabilities, claims or expenses (including attorneys’ fees), made against it by any third party due to, or arising out of, or in connection with the use of the Website or any of the Services offered.
In the event that the training or certification referred to in the Services are canceled for any reason, the User may choose to choose another event date at no additional cost or request a full refund of their purchase.
13 LIMITATION OF LIABILITY OF EGG SCIENCE
To the fullest extent permitted by applicable law, under no circumstances shall EGG SCIENCE be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for lost profits, goodwill, use of data or other intangible losses, arising out of or related to the use of or inability to use the service.
To the fullest extent permitted by applicable law, EGG SCIENCE assumes no liability for any (i) errors or inaccuracies in content; (ii) personal injury or property damage of any nature resulting from your access to or use of our Service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
EGG SCIENCE is not responsible for the availability, quality and maintenance of such telecommunication services and the User understands that the conditions of the telecommunication service may affect the experience of the Services. EGG SCIENCE shall not be liable for any problem related to the Service arising directly or indirectly from inconsistencies or failures in mobile telephony devices and/or telecommunication services.
In accordance with the provisions of the item above, EGG SCIENCE will not be responsible for:
- Failure of operation, operation by unauthorized persons or any other cause in which there is no fault of EGG SCIENCE;
- by occurrences due to “Act of God” or “force majeure”;
- for problems arising from actions of third parties that may interfere with the quality of the Service;
- for damages caused to third parties due to contracted services and content generated through the EGG SCIENCE Platform;
- for reviewing the information provided by Users, whether with regard to the veracity, accuracy or completeness of the data, legality or legal violation due to the provision of this information;
- for personal injury or any incidental, special, indirect or consequential loss, including, without limitation, loss of profit, corruption or loss of data, failure to transmit or receive data, non-continuity of the business or any other loss arising out of or related to its use or inability of the User;
- for any fraud, fraudulent misrepresentation or breach of duty, or breach of any of the conditions of these Terms and Conditions of Use by the User;
- due to connection failures, especially regarding the impossibility of access to the internet by Users.
EGG SCIENCE will endeavor to keep its content up to date and complete, free from any defects or viruses, but will not be responsible for these and any other possible problems that are not caused directly and exclusively by EGG SCIENCE. It is hereby agreed that EGG SCIENCE may change the content at any time without prior notice.
14 RETURNS AND REFUND POLICY
The User who purchases the Services will have up to 24 (twenty-four) hours before the start date of the Certification event to cancel their registration and request a refund of 100% (one hundred percent) of the amount paid.
In the event that the User gives up the Services after the start of the event, the User agrees that EGG SCIENCE may retain the equivalent of 50% (fifty percent) of the amount paid, which will be used to cover operating costs incurred.
In the case of annual hiring of access to the platform:
- During the first year of the subscription term, the User acknowledges that the monthly fee includes the financing of Certification services throughout the year. Cancellation at any time after Certification will not imply a reduction in the amount due by the User at the time of hiring.
- The User’s default in compliance with its financial obligations to EGG SCIENCE will result in the suspension of services by the company. The reestablishment of these services will only occur after the User has remedied all debts verified until the requested date of reestablishment.
- During the period of suspension of the services, the User will not have access to the EGG SCIENCE platform.
- After the first completed year, the User may terminate his/her subscription at any time, with 30 days’ notice, without charge.
In the cases provided for in this Clause 14 the reimbursement, if applicable, will be made by the same means of payment used for purchase and according to the availability or financial restriction of the operator used.
Cancellation and refund requests must be made formally by email: [email protected]
16 OTHER CONDITIONS
The User agrees that EGG SCIENCE send you or simply make available, by any means, articles, texts, news or any other forms of communication, developed by EGG SCIENCE itself or its partners, whenever it deems that such communications are in the User’s interest.
You agree to receive from time to time promotional messages and materials by mail, email or any other contact form provided to us (including your telephone number for calls or text messages). If you do not wish to receive these promotional materials or notices – please notify EGG SCIENCE at any time.
EGG SCIENCE reserves the right, without notice, to change the Services, to cease providing the Services or any features of the Services offered or to create limits for the Services. EGG SCIENCE may terminate or suspend, permanently or temporarily, access to the Services without prior notice and liability for any reason or without reason, guaranteed reimbursement to the User, as the case may be.
EGG SCIENCE may modify these Terms of Conditions and Use at any time by posting the new version on its website. The new revised Terms and Conditions of Use shall become effective within ten 10 days from the date of its publication or delivery to the User, unless the User expressly accepts the revised contract prior to that by clicking the accept button. Express acceptance or continued use of the EGG SCIENCE website and Services after the expiration of the ten 10 day notice period shall constitute full acceptance of these Terms and Conditions of Use.
The provisions of these Terms and Conditions of Use are irrevocable and irreversible and bind the parties and their successors in any capacity. The parties acknowledge, for all legal purposes and effects, that these Terms and Conditions of Use constitute an extrajudicial enforceable title, being subject to specific execution, in accordance with the provisions of the Code of Civil Procedure.
The jurisdiction of the District of São Paulo/SP is hereby elected, with the waiver of any other, however privileged it may be, to resolve any issue resulting from these Terms and Conditions of Use.