General Conditions

GENERAL CONDITIONS OF USE OF THE DATAMARK LTDA DEFINITIONS PLATFORM

The terms below, used throughout the DATAMARK LTDA Platform General Conditions, shall have the following meanings:

INTERNET: global computer network; WEB SITE: DATAMARK LTDA page allocated on the INTERNET under the domain (URL) www.datamark.com DATAMARK LTDA PLATFORM: Integrated Platform composed of modules, programs and databases licensed by the company Datamark Ltda that allow the connection in an interactive electronic environment between companies.

OF THE OBJECT

The purpose of this instrument is to establish the general conditions of use of the DATAMARK LTDA Platform for all its visitors, registered users and / or licensed users.

OF THE TERM OF FORCE

The present instrument of general conditions of use of the Platform DATAMARK LTDA will be valid for its visitors for indeterminate term tied to them from its use. For registered and / or licensed users, the deadlines and terms specified in the respective registrations and licenses must be respected.

CONDITIONS FOR OPERATING THE DATAMARK LTDA PLATFORM

The user who only wants to visit the DATAMARK LTDA platform will have immediate and free access to the areas of free circulation on the site. Users who wish to access the features and reserved areas should complete a registration process. The user registered to access the platform must complete a registration form and provide a private user code and password. At the time of agreement, the licensed user will receive, 01 (one) user code and 01 (one) private password. The private user code and password constitute the personalized identification for use of the services provided, which will be non-transferable and totally and exclusively the responsibility of the owner, and can not be object of any transfer, transfer or commercialization thereof. The registered user and / or the licensee assume full responsibility for themselves and for third parties in the use of the user code and the private password, being obliged to honor the financial and legal commitments resulting therefrom. During the term of this instrument, visitors, registered users and / or licensees undertake to comply with all instructions and application methods appropriate to the use of any modules of the Platform DATAMARK LTDA, and in no way assign or transfer to third parties, the rights and obligations arising from this instrument, without the express written permission of Datamark Ltda.

THE DATAMARK LTDA PLATFORM MODULES

The DATAMARK LTDA Platform is divided into modules, which are regulated under the terms and conditions set forth in this instrument:

MONITORING MODULE OF COST COMPONENTS

The cost components monitoring module is an application of the DATAMARK LTDA platform that operates in the Internet environment and allows registered and / or licensed users to view information on the cost component prices and the resulting cost trends of the products analyzed. It also allows the registered user and / or license to select the cost components of interest, modify the cost component weights and select the period for analysis. The cost components monitoring module functions as a passive information driver, respecting the terms of the general conditions of use of the DATAMARK LTDA platform. The information contained in the cost components monitoring module has been collected from third parties in good faith, under strict criteria, by Datamark Ltda, who can not assume any responsibility for their veracity or authenticity. Registered users and / or licensees shall have exclusive and direct responsibility for the information they have entered into the module, and shall exempt Datamark Ltda from any liability for this information. In the event that Datamark Ltda becomes a demand in the judicial sphere by virtue of this information, it will be the responsible person obligated to indemnify and reimburse Datamark Ltda for damages and losses caused.

BENCHMARKING (AN EXCHANGE OF INFORMATION BETWEEN USERS)

The benchmarking module is an application of the DATAMARK LTDA platform that operates in an Internet environment and allows the indirect connection between users who wish to exchange information of a commercial nature. The sub-application consisting of the benchmarking module acts as a passive driver of information for the exchange of information, respecting the terms of the general conditions of use of the DATAMARK LTDA platform. Registered users and / or licensees shall have exclusive and direct responsibility for the information they have entered into the module, and shall exempt Datamark Ltda from any liability for this information. In the event that Datamark Ltda becomes a demand in the judicial sphere by virtue of this information, it will be the responsible person obligated to indemnify and reimburse Datamark Ltda for damages and losses caused.

DATAMARK LTDA PLATFORM CONTENT

Datamark Ltda reserves the right to change, at any time and in its sole discretion, the technical characteristics related to the content and form of operation of the DATAMARK LTDA Platform. The visitors, registered users and / or licensees take by this instrument an express science that Datamark Ltda is the exclusive holder of copyrights and intellectual property of the Platform DATAMARK LTDA, declaring accepting the obligation to respect the intellectual property rights and trademark of Datamark Ltda as well as all third parties that may be, or have been, in any way contained in the platform. Simple access to the platform does not give visitors and / or users any rights to use the trademarks or intellectual property.

OF USER OBLIGATIONS:

Visitors, users registered and / or licensed, for the purposes and effects of the provisions of this instrument, undertake:

Respect strictly the instructions and application methods appropriate to the DATAMARK LTDA platform, contained in this instrument and the license term when it is concluded;

  1. Provide promptly all information and data required by DATAMARK LTDA, committing to update them whenever there are modifications in them;
  2. To perform all acts necessary to preserve the commercial reputation of the DATAMARK LTDA platform and its services;
  3. To be responsible for the suitability and veracity of the data and information provided to DATAMARK LTDA by virtue of the achievement of this instrument;
  4. Make sure that only authorized persons use the DATAMARK LTDA Platform and its services, being solely responsible for all damages and losses caused by DATAMARK LTDA;
  5. To strictly comply with all the obligations contained in the LICENSE term, when it is concluded.
  6. Do not send routines or viruses, which may infect the DATAMARK LTDA Platform, by any existing technological means;
  7. Maintain the strictest secrecy regarding the information, operating platform, methods and instructions transmitted by DATAMARK LTDA, considered business secret and;
  8. Do not allow unauthorized access by third parties or their employees to the DATAMARK LTDA platform.

OF PENALTIES

For breach of any of the obligations agreed upon in the previous items, Datamark Ltda’s right to immediate termination of this instrument, and consequent disconnection of users registered and / or licensed in the Platform DATAMARK LTDA, without prejudice to their obligation to reimburse Datamark Ltda for loss and damage.

THE RESPONSIBILITIES OF THE DATAMARK LTDA PLATFORM

Datamark Ltda will endeavor to keep the DATAMARK LTDA Platform fully operational for 24 × 7 (twenty-four hours uninterrupted daily, seven days a week). It is agreed between the parties that in the event of interruption of the service, which results in an annual use less than 99% (ninety-nine percent) of the service offered, due to unscheduled suspensions, Datamark Ltda will grant to licensed users, an extension of the duration of the service equivalent to the time the service was deactivated above the guaranteed percentage index. The annual use must be based on the date of signature of the contract, valid for 12-month periods. The extension of the term of validity of the service will be counted in the thirteenth month after the signature of the contract, and granted by Datamark Ltda in the period after that date, repeating this procedure for each period of 12 months thereafter. The responsibility of Datamark Ltda resulting from failures to send and receive information of any kind or defects and problems of any nature as long as they are exclusively related to the DATAMARK LTDA Platform and that cause proven damages, will be limited as to users registered and / or licensed maximum value of R $ 1,000.00. Excluded are cases where interruptions and suspensions are not caused by Datamark Ltda, in which case registered and / or licensed users will exempt Datamark Ltda from liabilities of any nature, including but not limited to the payment of indemnities arising from of consequential or indirect damages and lost profits.

OF USER RESPONSIBILITIES

Registered users and / or licensees will respond to Datamark Ltda or third parties for damages, losses and damages of any nature arising, but not limited to, improper or unauthorized use, as well as sending of routines or viruses that may harm the functioning of the DATAMARK LTDA Platform.

OF THE TERMINATION

Subject to the condition of denunciation, this instrument may be terminated, by right, without the prior notification of the other party and at any time, in the following cases:

  1. If the registered user and / or license is declared to be concordant, bankrupt, insolvent, or liquidated judicially or extrajudicially;
  2. Suffer repeated notes or protests of titles;
  3. Executes unlawful practices or conduct that is harmful to the name and / or services of DATAMARK LTDA, as well as its trademarks;
  4. Withhold, obstruct, or omit information regarding the use of the DATAMARK LTDA Platform;
  5. Misuse the technology and methods of the DATAMARK LTDA Platform;
  6. Suits occurrence of unforeseeable circumstances or force majeure

CONFIDENTIALITY

Registered users and / or licensees expressly accept that Datamark Ltda is the legitimate holder of the DATAMARK LTDA Platform and all the information and techniques related to the object of this instrument, as well as all its informative materials, strict confidentiality, for which they undertake to maintain absolute confidentiality and obligation not to seize and not reproduce any parts of the platform, except with express authorization from Datamark Ltda.

OF THE AMENDMENT OF THE GENERAL CONDITIONS.

Datamark Ltda reserves the right to change any of the terms of the General Conditions, informing previously registered users and / or licensed.

COMMUNICATION BETWEEN THE PARTIES

The written communications, made in compliance with this instrument, must necessarily be delivered to the legal representatives of DATAMARK LTDA.

OF THE GENERAL PROVISIONS

The cases omitted in this instrument will be settled in the light of current legislation and / or custom and customs when admitted. The tolerance of the parties to any breach of the provisions hereby contracted shall not imply any denunciation, novation or alteration of the obligations established.

OF THE ELECTION FORUM

In order to resolve any doubts or controversies arising from this instrument, the parties elect the Forum of the District of the Capital of the State of São Paulo, expressly renouncing any other, however privileged it may or may become.