Use Terms
The previous understanding and acceptance of these terms are indispensable for the use of the site and of all ours services. The information that consist of this page, refer to the Use Terms for the services offered by the website www.hypersite.com.br anybody physics, from now on USER that intends to use the services of HYPERSITE denominated! You should accept the terms with all your conditions, and all the other policies and beginnings that govern it.
01 - Object
Services object of the present Term of Use consist of presenting to the USER a space to announce your products and/or services of the which you intends to sell and/or to acquire of other USERS goods or services announced from them.
HYPERSITE, therefore, just acts as intermediary of these relations, making possible the USERS to know each other and allowing them to negotiate amongst themselves directly, without our intervention in the finalization of the businesses.
02 - User Profile
The services of HYPERSITE are available just for the people that have legal capability to hire them.
They cannot use them, like this, people that don't enjoy of that capability, besides smaller of legal age, or people that have been disabled of HYPERSITE, temporary or definitively. The correct fill of all fields of the on-line announcement is indispensable condition for a good use of the services of HYPERSITE.
Being like this, the USER should complete them with information exact, necessary and true. HYPERSITE reserves the right to use all of the valid and possible ways to identify your USERS. HYPERSITE doesn't take the responsibility for the patch of the personal data of your USERS, either for the content of the announcements transmitted in the site.
The USERS guarantee and answers, in any case, for the truthfulness, accuracy and authenticity of the registered personal data.
HYPERSITE reserves the right to request additional data and documents that we esteems be pertinent in order to check the informed personal data, as well as of disabling, temporary or definitively, the USER and/or your announcements, when they present some untrue information.
When canceling the USER'S register, automatically the announcements will be canceled too, not falling to the USER, any compensation form or reimbursement. HYPERSITE can alter, at any moment, this Term of Use in search of perfecting your controls and rendered services.
03 - Advertisements
3.1 Offer of Products / Services
THE USER can announce products and/or services in your respective category. The announcement can contain texts, descriptions and pictures of the product offered, since you don’t violate the law, or any device of this contract or of the other policies of HYPERSITE. The product offered by the USER should be described with clarity as for your relevant characteristics. When including a picture, this should specifically correspond to the product that is being offered. It is configured, by the inclusion of the announcement, The USER manifests the intention and you declare to possess the right of selling, besides disposing of the product or service for immediate delivery. The prices of the announced products should contain all of the tributes on them incidents, giving right to HYPERSITE to remove those announcements whose final price is not sufficiently clear.
3.2 Forbiden Products
Those products can be announced and/or services whose sale is not expressly prohibited by the Term of Use and other policies of HYPERSITE, or for the effective law.
You is expressly forbidden the sale of firearms, narcotics, poisonous and any form of illegal drugs, as well as medicines and any type of drugs in general, stolen property, human organs, wild animals or protected by law, in the whole or partly, coins and falsified bills, smuggling products, falsified products or adulterated, gunpowder or explosive material, actions of companies negotiated in Stock exchange, lottery tickets, mail lists or personal databases, services and/or related products the prostitution or similar, pornographic material, child porn pictures, obscene or contrary the morals and the good habits, any products whose sale is prohibited expressly by the effective laws, products that promote the violence and or the based discrimination in race, sex, religion, nationality, sexual orientation or of any other type.
You is also prohibited the sale of CDs that contains music in format MP3, when the same is not expressly authorized by the artist or recording landlady of the copyrights, or infringe some legislation. They cannot also be registered products that violate constraint laws to the information technology piracy, of software protection, the author's rights, patents, marks, models and industrial drawings, nor software for OEM (he/she understands each other as software for OEM, the special version of the software preinstalled in the hard drive of personal computers in the moment of the production, or when this be grouped to the hardware of the computer), copies and/or backup files, license, academic programs and/or developed for some education entity, or industrial secrets, or products that demand from the right USER of sale, or that can only be sold with participation or authorization of third, and embargoed goods or affected for some constraint of any species as for your use, exploration or domain transfer or ownership.
It is forbidden, still, the sale of apparel and other products that are not properly registered before the National Agency of Sanitary Surveillance, or for any other National Agency.
You is exclusive responsibility of the USER to veil for the legality of the sale of your products and services and HYPERSITE doesn't take any responsibility for your existence in the site, as well as for negotiations that don't execute the constraints described in the Term of Use, finally HYPERSITE doesn't make responsible any in way for the juridical businesses accomplished among your USERS.
04 - Privacy
All personal information data rendered by the USER of HYPERSITE is stored in servers or magnetic means of high security. HYPERSITE will take all the possible measures to maintain the confidential and the security described in this clause, however we will not be responsible for damage that can be derived of the violation of this Term of Use on the part of third that use the public networks or the internet, subverting security's systems to access the our USER information.
4.1. Obligations of the Salesperson / Service Provider.
The USER should have legal capability to sell / offer your product / service. The USER service salesperson assumes an obligation to enter in contact with the USER for the transaction to conclude whenever you have received response to your announcements. Because of HYPERSITE to be a type of encounter point between the buyer and the service salesperson, and for not participating in the transactions that take place among the same ones, the responsibility for all of the obligations, be them fiscal, labor or of any other nature, current of the transactions originated in the virtual space of the site will be exclusively of the USER Salesperson.
In case of judicial interpellation that have HYPERSITE as Defendant, whose facts melt in actions of the USER service salesperson, they will be called to the process and should arch with all of the obligations that then elapse, in the terms of the article 70, III of the Code of Civil Process.
Because of this characteristic of the site, you cannot also force the USER Salesperson to honor your obligation or to complete the negotiation.
HYPERSITE doesn't take the responsibility for the obligations of tax nature that happen on the businesses accomplished between USER buyer and USER salesperson.
Like this, the USER service salesperson that acts as merchant, in the terms of the current law, will take the responsibility for all obligations originating from your activities, especially for the incident tributes.
05 - Data Or System Violation
Is not allowed the use of any device, software, or other resource that you comes to interfere in the activities and operations of HYPERSITE, as well as in the announcements, descriptions, accounts or our database. Any interference, attempt of, or activity that violates or contradict the laws, especially the one of right of intellectual property and/or the prohibitions stipulated in these Use Terms, they will turn the susceptible to responsible the pertinent legal actions, as well as of the sanctions here foreseen, being still responsible for the compensations for eventual caused damages.
06 - Restrictions
Without damage of another actions, HYPERSITE can warn, to suspend or to cancel, temporary or definitively, the announcement of an USER any time, and to start the reasonable legal actions if the USER doesn't accomplish any device of these Use Terms and other policies of HYPERSITE, not obey with your duties of USER, to practice actions fraudulent, guilty or deceitful, to cause some damage to third or own HYPERSITE or have the potentiality of like this doing. In the cases of disqualification of the USER'S profile, all of the accomplished announcements will be canceled automatically.
07 - Responsibilities
The HYPERSITE is not the proprietor of the offered products, you doesn't keep your ownership and you doesn't accomplish the sale offers. Either it intervenes in the formation of the price of the product or service offered, in the delivery of the products whose negotiation begins in the site, either he/she takes the responsibility for the materialization of the purchase and sale and/or of the services rendered.
HYPERSITE doesn't take the responsibility for the existence, amount, quality, state, integrity or legitimacy of the offered products, acquired or alienated by the USERS, as well as for the capability to negotiate of the USERS or for the truthfulness of the personal data for them inserted in your profile.
This way, is up to the USER to assure that the business is suitable before accomplishing any transaction. The USER recognizes and you accepts that when accomplishing negotiations with other USERS or third parties does for your own risk.
In any case HYPERSITE will be responsible for the dismissed profit or for any other damage and/or damage that the USER can suffer due to the accomplished negotiations or no accomplished through the site of HYPERSITE. HYPERSITE recommends that every transaction is accomplished with caution and common sense. The USER should evaluate the risks of the negotiation, keep in mind that can be, eventually, working with minors of age or people being been worth of false identities.
HYPERSITE won't be responsible for the transactions among the USERS, same them with base in the trust deposited in the system or in the services rendered by HYPERSITE. All of the transactions are accomplished directly among the interested parts, without any intermission of HYPERSITE. In the cases in that an or more USERS or some third start any complaint type or legal action against other, or other USERS, all and each one of the USERS involved in the complaints or actions exempt of all responsibility HYPERSITE and your directors, managers, employees, agents, workers, representatives and procurators.
08 – Service Limitations
This User Terms don't generate any society contract, of mandate, franchise or work relation between HYPERSITE and the USER. The USER manifests science that HYPERSITE is not part of any transaction, nor you possesses control some about the quality, security or legality of the announced products, on the truthfulness or accuracy of the announcements, and on the capability of the USERS to negotiate. HYPERSITE cannot assure the success of any transaction, either to verify the identity or the personal data of the USERS. HYPERSITE doesn't guarantee the truthfulness of the publishing of third to appear in your site and you won't be responsible for the post or contracts that the USER accomplishes with third.
09 – System faults
HYPERSITE don't take the responsibility for any damage, damage or loss in the USER'S equipment caused by faults in the system, in the server or in the internet. HYPERSITE won't also be responsible for any virus that can attack the USER'S equipment due to the access, use or navigation in the site in the internet or as a consequence of the transfer of data, files, images, texts or audio contained in the same. The USERS cannot attribute to HYPERSITE any responsibility nor to demand the payment for dismissed profit or any types of compensations because of resulting damages of difficulties technical or defective in the systems or in the internet.
HYPERSITE is not also of responsible to guarantee the access and continuous use or without interrupts of our site. Eventually, the system cannot be available for technical reasons or faults of the internet, or for any other circumstance it alienates HYPERSITE.
10 – Links and Partnerships
HYPERSITE site can create links to other sites of the network, not meaning with that that those sites are of property or operated by HYPERSITE. Being like this, HYPERSITE won't be responsible for the contents, practices and services presented in the same ones. The presence of links for other sites doesn't implicate society relation, of supervision, of complicity or solidarity of HYPERSITE to those sites and your contents.
11 - Legislation
All the items of these Use Terms are governed by the effective laws in the Federal Republic of Brazil. For all of the subjects regarding the interpretation and to the execution of this Contract, the parts undergo the Central Forum of the City of São Paulo.
You also are advised that this English version is only to improve you user experience, and for any legal purpose, you must read this Use Terms in Brazilian Portuguese version, in this link:
www.hypersite.com.br/pt-br/termosdeuso.asp