Terms & Conditions of Use

Period of Validity of the Terms & Conditions of Use

These Terms and Conditions of Use came into effect on 20/05/2024 and will continue to apply until revoked by WebCheque.

Service Description

The service includes the provision of information, content management, and a voucher webshop. These Terms & Conditions of Use define the terms and conditions relating to the use of this Service and its services by End Users. All new services that may be offered through this service will also be subject to these Terms & Conditions of Use.

General Provisions for Use of the Service

You may use the Service for your purposes, print and download material, provided you do not modify any of the content and do not republish it online or offline without our permission. The copyright and other intellectual property rights in all materials on this Service are owned by Brapago Payments do Brasil Ltda. or its licensors and must not be reproduced without prior consent. The WebCheque service accepts credit cards issued by Brazilian banks and accepts Pix payments. Data transfer is secured by the SSL (Secure Socket Layer) protocol with instant 256-bit data encryption. The SSL certificate is issued by GoDaddy. WebCheque requests authorization from card issuers issued by Brazilian banks and/or payment via Pix for each voucher purchase/sale. Brapago is responsible for processing refund requests from customers who purchase products/services through the voucher that are deemed unacceptable/defective/different from the description.

Voucher Delivery

All vouchers are digital, and their codes will be displayed on the screen after the purchase, in a separate email, with the purchase details.

Service Uptime

We take all reasonable steps to ensure that this Service is available 24 hours a day, 365 days a year. However, temporary service interruptions may occur due to necessary maintenance work, problems such as system failure, maintenance, or repair, or for reasons beyond our control, force majeure, or third-party disturbances. Therefore, Brapago Payments do Brasil Ltda. shall not be responsible for any loss of data that may occur during online data transmission. The User expressly agrees to use these web pages under his own responsibility. Any guarantee provided on these web pages must refer exclusively to the products or services offered by WebCheque. WebCheque reserves the right, without prior notice, to modify, change, introduce improvements, or disable the WebCheque service at any time, including, without limitation, the content, the period of availability, the equipment necessary to access or use the pages, the methods and speed of data transmission or any other characteristics thereof.

Change of the Terms and Conditions of Use

WebCheque reserves the right to revise the Terms and Conditions of Use at any time, as well as to disable access to the web pages without prior notice. WebCheque reserves the right, at any time, to revise, cancel or modify any of the Terms & Conditions of Use and / or a declaration of data confidentiality. Any modification or termination of these conditions will take effect at the time of the announcement on the service. Any kind of use of this service by the End User after this notice will be understood as acceptance of these changes.

User Responsibilities and Obligations

The User is prohibited from carrying out activities that aim to make the service defective, useless, overloaded or to hinder, complicate or delay its use or operation. The User is also prohibited from using the service for fraudulent purposes or from engaging in any conduct that may harm or negatively affect the image, interests, or rights of WebCheque or third parties and will be responsible for the damage caused. Except for personally identifiable information, the use of which is covered by our Privacy Policy, any material that the User sends or publishes on this service will be considered non-proprietary and non-confidential and may be copied, disclosed, distributed, incorporated, or otherwise used for any and all purposes.

End User Conduct

The User must not publish or send any material for which he has not obtained all necessary consents; that is discriminatory, obscene, pornographic, defamatory, likely to incite racial hatred, in violation of confidentiality or privacy, that may cause annoyance or inconvenience to others, that encourages or constitutes conduct that is considered a criminal offence, giving rise to prosecution civil liability or is otherwise contrary to the law in Brazil; that is harmful in nature, including, without limitation, computer viruses, Trojan horses, corrupted data or other potentially harmful software or data. Brapago will cooperate fully with the authorities responsible for the application of the law or court order, requiring the disclosure of the identity or other details of any person who publishes material on this service in violation of this paragraph.

Indemnity

The End User shall indemnify and hold WebCheque, and the company Brapago Payments do Brasil Ltda., its subsidiaries, responsible persons, employees and agents harmless against all damages and cost compensation claims, including the cost of legal representation that may result from misuse of this service.

Warranty Statement and Disclaimer

Neither Brapago Payments do Brasil LTDA nor any other party, whether or not involved in the production, maintenance or delivery of this service, will be liable for any type of loss or damage arising from improper use by the User or a third party. The latter will bear maintenance or repair costs and, without limitation, any other direct, indirect, or consequential loss, and in case of breach of contract or otherwise in connection with this service. Brapago Payments do Brasil LTDA intends to use the names, logos, symbols, trademarks, and other protected content that appear on the WebCheque Service exclusively in categories for which it is authorized based on trademark registration, license or otherwise. For the avoidance of doubt, Brapago Payments do Brasil LTDA guarantees that the company must not use the names, logos, symbols, trademarks, or any other protected content in areas for which it is not authorized, as well as the company must not deliver or offer products and / or services containing such protected content in such areas. The use of protected content on the WebCheque Service is a violation of the provisions of these Terms & Conditions of Use.

Communications and Marketing

To subscribe to the WebCheque newsletter containing information about new products, services, features, and events and to receive special offers via email or in the application, the End User must check the box for the newsletter request at the end of his order or fill in the newsletter request form on this service. All communications by phone or email will only be done by the WebCheque team, who will not sell or pass on the data to third parties for marketing purposes. The End User may opt out of these communications at any time via the “Unsubscribe” link on the service or by email.

Security

The WebCheque team takes all the necessary care to maintain the appropriate safeguards and guarantee the security, integrity and privacy of the information that the User provides, using SSL (Secure Socket Layer) encryption. End User should be aware that if they voluntarily disclose personal information online in unsecured environments - for example, on a message board, shopping list or in chat areas - it may be collected and used by third parties outside the WebCheque team’s control.

Intellectual Property and Use of Information

This page contains material protected by copyright, trademark, or design, and other information is protected by the rights of individuals or entities, including, without limitation, texts, software, photographs, video materials, graphics, music, sound, as well as all content on the web pages, in accordance with current regulations in Brazil. WebCheque has the exclusive right to use all material (texts, photographs, images, drawings, audio and video material, and others), symbols of protected products and services (trademarks), logos, and other content contained on the web pages, or the same are used based on explicit prior consent from the owners of the relevant copyright, trademark, and/or design. WebCheque is a registered trademark of Brapago Payments do Brasil Ltda., and all rights relating to WebCheque are expressly reserved. The copying, distribution, transmission, publication, reproduction, alteration, revision, transfer, linking, deep linking, creation of derivatives, or alteration of the pages of this service is strictly prohibited, unless expressly permitted with the express and written consent of WebCheque. The violation of these Terms & Conditions of Use may lead to the instigation of civil, commercial, and/or criminal and/or minor proceedings against the violating party. End Users may download, print, and save copyrighted material for their purposes. The use and printing of WebCheque web page content are permitted if intended exclusively for informational, personal, and non-commercial purposes.

Legal Notice and Jurisdiction

Brapago Payments do Brasil LTDA takes all necessary measures to ensure that the information on this service is correct, but without guaranteeing the veracity, accuracy, or legality of the content. The service may be disconnected at any time to delete, modify, include, update any material, and without prior notice. This Legal Notice will be governed and interpreted in accordance with Brazilian law and, therefore, no representations or warranties are given as to the compliance of the content of the service, or the services offered through it with the laws of any other country or jurisdiction. Any dispute resulting from this Legal Notice is subject to the exclusive jurisdiction of Brazil.

Dispute Resolution

All matters that are not regulated by these Terms & Conditions of Use will be subject to the Law of Civil Obligations. The parties shall attempt to resolve all disputes arising out of these Terms & Conditions of Use amicably. All disputes or claims that may arise from misuse, in connection with these Terms & Conditions of Use or the execution thereof, will be resolved before the competent court of Brazil in accordance with the substantive legislation of Brazil.