• LinkedIn
  • Instagram
  • YouTube
  • Facebook
  • Twitter
  • Pinterest

Terms of Use and Conditions

Estimated reading time: 19  minutes

Last update: 10/07/2020

1. Summary and objective


Welcome to the www.andrersanches.com website, applications and associated services (“Site”). This document (“Terms”) constitutes a legally binding agreement between you and Andre Sanches Mentor, Coach, Speaker, Advisor of Mindset and Agile Culture and its subsidiaries/affiliates/group companies (“Company”, “Company”, “Group” ), so please read them carefully. When accessing, browsing or using the Site ("Use"), all users and visitors ("You",  “You”, “User” or “Users”) declare that they accept the terms and conditions contained in these terms. If you do not agree with the terms and conditions contained in these terms of use, please avoid using the website.

2. Eligibility


The Site and all related services are made available to you only if you can enter into legally binding contracts under applicable law. Otherwise, avoid using the website. By using the website, you represent that you have full legal capacity.

3. License


The company grants you a limited, non-exclusive, non-transferable, revocable, and non-assignable license authorizing you to view and temporarily download a copy of the materials displayed on the Site, solely for your personal, non-commercial use or within your organization. All materials displayed or made available on the website, including, without limitation, graphics, documents, text, sounds, video, audio, artwork, software and HTML code (collectively, the "Material") are the exclusive property of the company or providers of content, which reserve all its intellectual property rights. The materials are protected by copyright laws and other applicable Brazilian, American and international rules, regulations and legislation​​ of intellectual property. Except as permitted herein, you may not (i) use, copy, modify, display, delete, distribute, download, archive, transmit, publish, sell, resell, adapt, reverse engineer or create derivative works of the material, or ( ii) use the material on other websites or in any other type of media, such as in network environments, without the prior written consent of the company.

All trademarks, service marks and logos (“Marks”) displayed on the Site are the exclusive property of the company and their respective owners. You may not use the marks in any way without the prior written consent of the company and their respective owners.

4. User submissions/submissions

The website provides functionality for sending personal information and information relating to the main content of the website. By posting or submitting your information to the Site ("Submitted Material"), you agree to grant the company a perpetual, non-exclusive, irrevocable, free, worldwide license and the right (but not an obligation) to use, copy, modify, display , distribute, download, store, reproduce, transmit, publish, adapt and create derivative works, in any form and in any type of media, all or part of the submitted material, in any form and anywhere in the world.

You acknowledge and agree that the company provides only a technological mechanism to share the submitted material, not filtering or monitoring any submitted material provided by you or other users of the Site. As a result, the company does not provide any guarantee as to the reliability, accuracy, completeness, validity or veracity of any material sent or made available by any user of the website, reserving the right, at its sole discretion, to delete, remove, refuse to display or block any submitted material that the company deems unacceptable, in the company's sole discretion, without having any liability to you or any other user of the site. If the Company receives notification of any submitted material deemed unacceptable, the Company may investigate such materials, in the Company's sole discretion.

You acknowledge and agree that the company may retain copies of your submitted materials and disclose your submitted materials to third parties if the company believes it is necessary to:

  1. Protect website integrity.

  2. Protect the company's rights.

  3. Fulfill a court order.

  4. Comply with all legal procedures.

  5. To substantiate a claim by the Company under these Terms.

  6. Respond to any claim of violation of third party rights.

5. General prohibitions

With respect to its use, you fully agree to NO:

 

  1. Violating any applicable rules, regulations or laws, including, without limitation, export laws and regulations, anti-discrimination laws or equal employment opportunity laws. In addition, you agree not to export the Materials to any country or jurisdiction included in the list of prohibited or restricted countries under the export laws of Brazil or the United States. Some of the countries currently subject to restrictions under these laws include, but are not limited to, Cuba, Iran, North Korea, Sudan and Syria.

  2. Violate any intellectual property or privacy rights, including, without limitation, patents, copyrights, trademarks or trade secrets of any third party, including the company and its affiliated companies.

  3. Upload, publish, transmit or store any material that:

    1. Whether illegal, offensive, defamatory, fraudulent, misleading, harmful, threatening, embarrassing, obscene, or otherwise unacceptable.

    2. Violate any of your contractual or confidentiality obligations.

    3. Disrupts or interferes with the normal operations of the site, such as the posting or transmission of viruses, the continual posting of repeated materials, or the posting of unusually large files outside of normal size.

    4. Not allowed by the company, including, without limitation, any unauthorized advertising material, unsolicited advertising material, "junk mail" / spam , spam messages, "chained" letters / chain , pyramid schemes, franchising, distribution, association in clubs, sales agreements or other materials not accepted.

    5. Violate privacy rights or other rights of third parties through misuse of materials, including, without limitation, embarrassment or “harassment” against another person, sending unsolicited email messages, or collecting personal information from third parties.

    6. violate or try  violate any security measures on the website.

    7. Use any devices, processes or mechanisms to monitor, retrieve, search or access data from the website or any material without the prior written consent of the company, through, for example, robots or data scanning and storage systems ("spider" ”).

    8. Access or attempt to access any third party account or identification contained on the website.

    9. Copy, modify, reproduce, delete, distribute, download, store, transmit, sell, resell, publish, reverse engineer, or create derivative works from any materials, except materials that have been submitted by you and are owned by you.

    10. Post or submit any inaccurate, false or incomplete information, including resume, biographical information or employment information.

    11. Impersonate another person or organization.

    12. Tampering with any header information in an electronic post or message.

    13. Provide false information about yourself, your affiliation with third parties, or your organization.

6. Use and responsibilities

In addition to the general responsibilities set forth in Section 5, you fully agree to abide by the following terms:

  1. To use  the website only for legitimate purposes in order to search for company information and related content.

  2. Provide and maintain the information you submit complete, correct, up-to-date and accurate.

  3. Publish materials for which you have all necessary rights and licenses.

  4. Use your own judgment, caution and common sense to manage job opportunities and information offered and obtained through the Site.

  5. Take the risk of any use (or reliance) on any materials or information provided by third parties.

7. Account and password

The website may offer you the opportunity to open a user account with the website. When opening an account on the website, you will be able to receive/set an account ID (login) and an initial password. It is your responsibility to:

  1. Keep your account identification and password confidential.

  2. Update and review your account frequently.

  3. Immediately notify the company in case of unauthorized use of your account or any breach of security. You are also responsible for all activities carried out through your account and the company will not be liable for any loss or damage resulting from your failure to comply with the obligations set out in this paragraph.

8. Links


The website may have links, such as hyperlinks or buttons, directing access to third party websites (“Linked Sites”). Linked sites cannot be controlled or monitored by the company. The company is not responsible for the materials, information or content published on the linked sites, nor for the availability of the linked sites. The inclusion of Linked Sites on the Site does not imply any relationship or association between the Company and the Owner of the Linked Sites, nor any endorsement, support or sponsorship by the Company of the Linked Sites. The company includes linked sites for your convenience only. You are solely responsible for your access to the Linked Sites. You will use your own judgment, caution and common sense when using linked sites and should review the applicable privacy policies and terms of use.​​ of these linked sites, which may differ from the terms contained in these terms and in the  Privacy Policy  from the company. The company disclaims any  responsibility for such third party policies.

9. Accounts of  brand

​​

If you establish an account on the Site in the name of a company, organization, legal entity or brand (a “Brand” and, the account mentioned above, a “Brand Account”), the terms “You”, “You”, “User ” or “Users” as used in the Agreements apply to you and the Brand. If you create a brand account, you represent and warrant that you are authorized to grant all permissions and licenses provided for in the contracts and to bind the brand to the contracts.

A brand may interact with users as long as the brand does not take any action that implies an endorsement or commercial relationship between the brand and the user, artist, composer or any other person following, unless the brand has independently obtained the rights to imply such an endorsement. In addition, marks must be transparent to our users about the disclosure of endorsements or considerations provided to artists, composers, users or any other party and must comply with all applicable laws, regulations and codes of practice​​ by engaging in past practices.

10. Privacy

 

By accepting these Terms, you automatically accept all of the Terms of  Privacy Policy  of the company established and, in this act, authorizes the company to collect, store, use and disclose your personal data, as provided in this document.

11. Indemnity

You agree to indemnify, defend and hold harmless the company and its parent companies, subsidiaries and affiliates, as well as its directors, representatives and employees, against any claims or actions of third parties, including, without limitation, attorney's fees and legal fees, resulting from or arising out of the use of the website, the submitted materials or violation of the terms and conditions contained in these terms.

12. Exemption

You acknowledge and agree that:

  1. You assume all risks related to or arising out of your use, viewing or access to the website. To the fullest extent permitted by applicable law, this site is offered in the state in which it is found and only as provided.

  2. To the fullest extent permitted by applicable law, the company expressly disclaims any and all warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement or warranties arising out of the course of performance, business relationship or customs.

  3. To the fullest extent permitted by applicable law, the company expressly disclaims any warranties that:

    1. The website and materials will be free from errors or viruses.

    2. The website will function uninterruptedly and securely.

    3. The website will function uninterruptedly and will always be available.

    4. The website will meet your specific needs.

    5. Any material submitted will be reliable, accurate, complete, valid and truthful.

13. Liability and Limitations

To the fullest extent permitted by applicable law, you agree to assume all risks associated with or related to your use of the website or any submitted material, including, without limitation, risks of financial loss, physical damage, property damage, relationships with other users of the website, strangers, minors or foreigners and people acting under false identity. You also agree to hold the company and its parent companies, subsidiaries and affiliates, as well as its directors, representatives and employees harmless, from any claims, actions, damages (direct, indirect and consequential) of any kind or nature, known or not, associates, arising out of or arising out of the use of the website, the materials submitted or any related transactions arising out of the use of the website.

You also understand and agree that, to the fullest extent permitted by applicable law, under no circumstances shall the company, its parent companies, subsidiaries, affiliates, directors, representatives, employees, suppliers or partners be liable​​ for any direct, indirect, consequential and incidental damages. damage or loss of goodwill, income, data or use suffered by you or any third party, treaty, unlawful act or breach of warranty, even if the company has been advised of the possibility of such damage. If any jurisdiction prohibits the exclusion of certain warranties, the limitation of liability or the disclaimer of certain types of damages, the company's aggregate liability for any damages, to the maximum extent permitted by applicable law, shall not exceed the equivalent amount in national currency of R $10.00 (ten reais).

14. Termination

 

Company may, at its sole discretion, terminate any services offered by the website and remove any materials posted on it. The Company may also terminate your access to any part or all of the Services offered by the Company at any time, with or without cause or notice, and for any reason or reason.

 

If you wish to terminate your account, just stop using the site. The company will not be responsible for keeping or returning your submitted materials, your account or your ID and password. You should always keep a copy of your submitted materials.

To maintain security, limit data retention and protect our users' privacy, user accounts are generally deleted after 180 days of inactivity. Inactivity means that the user has not connected to or used any services from the Site within that period.

15. Specific provisions

Brazil:  Our electronic products and services comply with the Brazilian Electronic Commerce Regulation ( Decree Planalto No. 7962/2013 ).

16. General provisions

You agree that no employment, partnership, representation, agency, or joint venture relationship exists between you and the Company due to your use of the Site. These terms constitute the entire agreement between you and the company with respect to your use of the site, in addition to any agreement between you and the company. These terms are governed by the laws of the Federative Republic of Brazil. You may not use or export any materials or make copies or adaptations in violation of any applicable laws, regulations or provisions, including, without limitation, the export laws and regulations of Brazil, the United States or any other applicable country. In this regard, you agree not to export the Materials to any country or jurisdiction included in the list of prohibited or restricted countries under the export laws of Brazil and the United States. Some of the countries currently subject to restrictions under these laws include, but are not limited to: Cuba, Iran, North Korea, Sudan and Syria. The failure or delay by either party to enforce any term in these terms will not be deemed a waiver of any of these terms. Clauses 4, 5, 6, 7, 8, 10, 12, 13, 14 and 16 will survive termination of these terms for any reason or reason.

 

The company reserves  the right to update the terms from time to time, in the sole discretion of the company. You should periodically review it for any updates and modifications.

If these terms are translated into other languages and there is a discrepancy between the versions, the Portuguese (Brazil) version will prevail.

If you need additional information about the site or these terms, please contact us through the  Institutional Contacts .