The following are the Terms and Conditions of Use (“Terms of Use”) applicable to all user(s) who access the website(s) and/or application(s) of Ecorodovias Infraestrutura e Logística SA and companies of its Economic Group (“EcoRodovias” or “EcoRodovias Group”).
1. FEATURES OF THE WEBSITE(S) AND/OR APPLICATION(S)
1.1.The website(s) and/or application(s) were developed to present the user(s) with information about the EcoRodovias Group, business activities, results and financial information, in addition to allowing the contact of the user(s) with the companies of the EcoRodovias Group.
1.1.1. The website(s) and/or application(s) and their respective functionalities are presented to the user(s) as they are available, and the user(s) may interact with the EcoRodovias Group through sending messages on the available channels.
1.2.The user(s) understand(s) that, by providing their contact information, they may receive via e-mail and/or telephone informed messages with notices, news and relevant information from the EcoRodovias Group. User(s) have the option to stop receiving such communications if they so choose.
2. USE OF THE WEBSITE(S) AND APPLICATION(S)
2.1. It is prohibited for the user(s):
a)access programming areas of the EcoRodovias Group websites and applications, its databases, source codes or any other set of data available in these environments, as well as not performing or allowing reverse engineering, nor translating, decompiling, copying, modifying, reproducing, rent, sublicense, publish, disclose, transmit, lend, distribute or otherwise inappropriately dispose of the website’s functionality;
b) use data mining software (bots, crawler, spider, etc.), of any type or kind, in addition to any other software not specified here that acts in a similar way;
c) cause or facilitate the contamination of any EcoRodovias and/or third party equipment, including through viruses, trojans, malware, worm, bot, backdoor, spyware, rootkit, or by any other devices that may be created;
d) produce, make available, disclose or transmit any content that: (i) is contrary to any standard of Brazilian law, as well as to morals and good customs; (ii) encourages discrimination, hatred or violence against individuals or groups based on sex, race, religion, disability, national origin or for any other reason; (iii) has an erotic, pornographic, obscene, defamatory or slanderous nature or that defends crime, drug use, consumption of alcoholic beverages or tobacco products, physical or moral violence; (iv) violates the rights of EcoRodovias or third parties; (v) cause, due to its characteristics (such as form, extension, etc.), difficulties in the normal functioning of the website(s) and/or application(s).
2.2. In case of violation of any provisions contained in these Terms of Use, the user(s) must indemnify the EcoRodovias Group, or third parties possibly injured for all losses, damages, including moral or competition, expenses or other charges occasioned by such breach, including, but not limited to, attorney’s fees and court expenses for such breach.
2.3. Access and use of the EcoRodovias Group website(s) and/or application(s) is intended for people over 18 (eighteen) years of age, therefore we do not recommend use by children or adolescents without supervision and/or assistance from legal representatives.
3. CONTENT AND INTELLECTUAL PROPERTY
3.1. Unless otherwise stated in these Terms of Use, all news, images, illustrations, videos, icons, technologies, brands and other audiovisual or sound content, including the website(s) and/or application(s) made available, in any language or form, are the exclusive property of or licensed to the EcoRodovias Group. The use of the website(s) and/or application(s) does not represent any presumption of transfer or license of this property, therefore users shall not sell, in whole or in part, any content mentioned above by any means, costly or not, given that, if they do so, they will be infringing the rights of the EcoRodovias Group or third parties, and may be penalized under the terms of the applicable legislation.
3.1.1. The brands of the companies of the EcoRodovias Group are registered properties and cannot be reproduced without the written authorization of the owner company. Photographs and videos require authorization for editorial reproduction or any type of commercial use. If you are interested in accessing any material in this regard, please contact the EcoRodovias Group Press Office.
3.2. The companies of the EcoRodovias Group do not guarantee that the contents, instruments and materials contained, used and offered on the website(s) and/or application(s) are accurately updated or complete, and are not responsible for damage caused by eventual content errors or user equipment failures.
4. PRIVACY AND PERSONAL DATA PROTECTION
4.1. The EcoRodovias' has a Privacy Policy, which regulates the treatment of personal data collected on the website(s) and/or application(s), being an integral and inseparable part of these Terms of Use, as available on the website(s) s) and/or application(s).
4.2. The EcoRodovias Group will monitor, by appropriate means, its own compliance with the respective personal data protection obligations, as applicable. It is certain that, in such a situation, it may, as required or permitted by law, record the activities carried out by the user(s) on the website(s) and/or application(s), including identification data and others necessary for the functioning of the website(s) and/or application(s).
4.2.1. The records may be used for the purposes of: (i) identifying the user for their service (ii) complying with legal, regulatory or these Terms of Use; (iii) improvement of the website(s) and/or application(s); (iv) safeguarding the rights and interests of the EcoRodovias Group; and (v) compliance with orders from competent authorities. In any event, the records will comply with the provisions of data protection legislation, notably, but not limited to, the General Data Protection Law – LGPD.
5. DISCLAIMER AND LIMITATIONS OF LIABILITY
5.1. The EcoRodovias Group strives to maintain the continuous and permanent availability of the website(s) and/or application(s). However, there may eventually be some temporary unavailability resulting from necessary maintenance or even generated by force majeure, such as natural disasters, failures in communication systems and Internet access, invasive cyber attacks, or any third party facts that escape the sphere of surveillance and responsibility of the EcoRodovias Group.
5.1.1. If this occurs, the EcoRodovias Group will use its best efforts to re-establish access to the website(s) and/or application(s) as soon as possible, within the technical limitations of its services and third-party services, on which it depends to go online. For this reason, the user is aware that they will not be able to claim compensation or reparation for damages if the website(s) of the EcoRodovias Group remains down, regardless of the cause.
5.2. Without prejudice to other provisions of these Terms of Use, the EcoRodovias Group is not responsible, expressly or tacitly:
a) For the misuse of information, instruments, materials made available and/or equipment used by this website and/or application, for whatever purposes, made by any User, being the sole responsibility of that User any injuries to rights own or third parties, whether or not caused by such misuse;
b) For any problems, bugs, glitches or improper functioning that occur in the devices and equipment of the user(s);
c) For any direct or indirect damage caused by third-party events, for example, but not limited to hacker attacks, system, server or internet connection failures, including by software actions that may damage your physical assets or as a result of accessing, using or browsing the website(s) and/or application(s), as well as the transfer of data, files, images, text or videos contained in the website(s) and/ or application(s); and
d) By browsing of the user(s) on any external links made available on the website(s) and/or application(s), it is the duty of the user(s) to carefully read the Terms of Use and the Privacy Policy of the resource(s) accessed.
5.3. The information contained in the website(s) and/or application(s) does not constitute and does not represent, under any circumstances, suggestion, indication or recommendation by EcoRodovias for the purchase, sale or any negotiation of any financial instruments, issued by the companies of the EcoRodovias Group or third-party companies.
6. GENERAL PROVISIONS
6.1. The Terms of Use are subject to constant improvement. Thus, EcoRodovias reserves the right to modify them at any time, according to its purpose or convenience, and it is up to the user(s) to verify them whenever accessing the site(s) and/or application(s).
6.2. Tolerance of any breach of any conditions of these Terms of Use will not constitute a waiver or novation nor will it prevent the EcoRodovias Group from demanding these conditions at any time.
6.3. If any provision of the Terms of Use is found to be inapplicable or ineffective, the remainder will continue to apply normally.
6.4. The website(s) and/or application(s) are based on the official Brasilia date and times (UTC/GMT -03:00).
6.5. The Terms of Use will be interpreted in accordance with Brazilian legislation, in the Portuguese language, with the jurisdiction of the District of the City of São Paulo, State of São Paulo being elected to settle any dispute, unless the applicable legislation specifically reserves other personal, territorial or functional competence.