Terms of Use

Last modified: February 01, 2018
  1. This Terms of Use (hereinafter referred to as "Terms of Use") govern the access and use of the sites, platforms, applications and services offered by In Loco and any other service somehow linked directly to it (all are hereinafter referred to as In Loco, as well as all the In Loco enterprise is also designated by the term In Loco). This Terms of Use set out the essential and necessary conditions for the use of In Loco. The use of any service of In Loco implies immediate acceptance of this Terms of Use and of the applicable specific terms of service. This Terms of Use, apart from contractually regulating the relationship between the parties, should also be understood as a license to use the services, applications, and platforms of In Loco. In Loco holds several intellectual assets. The acceptance of this Terms of Use is required in order to make use in any form of the services. Its Non-acceptance or infringement is not only a violation of this Terms of Use but also an infringement of In Loco’s intellectual property.
  2. The valid and effective version of this Terms of Use is the one currently published on the website. This version governs all past and present relations between users of the site, respecting the acquired rights, perfect legal acts, and res judicata. The user should always carefully read this Terms of Use and it will not be able to avoid tackling the terms by claims of ignorance of its contents, including the possible changes to this Terms of Use.
  3. Several services and contents offered by the website are subject to specific terms of use that may replace, supplement or modify this Terms of Use. In the case of a conflict between this Terms of Use and the specific policies applied to other platforms or specific services, the special will prevail over the general. Users, in accordance with item (2) above, should also read the special conditions. Other notices and communications may be presented throughout the website, regulating its method of use. These warnings ought to be interpreted in accordance with this Terms of Use.

A. Subject matter of the Terms of Use

  1. Once this Terms of Use are accepted, the user has at its disposal several services provided by In Loco (hereinafter referred to as “services”).
  2. The services offered by In Loco are free of charge for its users. However, some services offered by In Loco or by partners may be charged, in which case they may or not be subject to specific terms of use.

B. Registration of Users and Accuracy of Information

  1. The access to In Loco’s services may not require prior registration of users on the platform. However, the absence of registration does not imply that these users have not accepted these Terms of Use. Other services of In Loco, in order to allow its access, require the user is registered, according to specific mechanisms of registration.
  2. All information provided by the user in order to use In Loco’s services must be accurate. The user guarantees the authenticity of all data informed in the filling of the forms available or through automated mechanisms of registration or login. It is the sole responsibility of the user to keep all information provided to In Loco continuously updated to reflect its actual data. The provision of false or inaccurate statements constitutes a breach of this Terms of Use, as well as a revocation of In Loco operating license. In any case, the user will always be solely responsible for your conduct and for the damages caused to In Loco, third parties and partners.
  3. Children and adolescents, in order to access In Loco’s services, should obtain prior authorization from their parents, guardians or legal representatives, all of whom will be considered liable for all acts performed by the minors. Parents, guardians or legal representatives will also be fully liable in the case of access to In Loco’s services by minors without the proper authorization. It is theirs the entire responsibility to analyse the activities and conduct of the children or adolescents under their supervision.
  4. The user is committed to using In Loco’s services in good faith and in accordance with all legal, regulatory and contractual provisions perhaps applicable, as well as public order, market standards, and norms generally accepted or taken as a good practice.
  5. Without the prior consultation of In Loco’s managers, the user is prohibited from employing technical measures that anyhow subvert the regular use of In Loco’s services. These measures include the use of robots (robots or bots), spiders, scripts, IP spoof, MAC address spoof or any other technique of automated access to the website that somehow serves to undermine its goals and purposes. The use of these measures without prior authorization implies the violation of this Terms of Use and may subject the infringing party to the payment of damages and loss of profits, as well as a punitive fine that applies even if it has not produced any damages, which the court responsible for deciding the case will quantify.

C. Trademarks, Patents, Trade Names, and Others Signs

  1. All trademarks, patents, trade names and distinctive signs of any kind contained in In Loco’s services, including its own trademark and name, are owned by their respective rights holders. To use any of these trademarks, names, and signs, it is required the acquisition of the proper authorization from the respective rights holders.

D. Warranties and Limitations of Liability

  1. Due to operational and technical reasons, it is not possible for In Loco to guarantee the seamless availability of its services, or to avoid its eventual downtime. All of In Loco’s services are offered as is.
  2. THUS IN LOCO DISCLAIMS, TO THE FULLEST EXTENT POSSIBLE BY BRAZILIAN LAW AND ANY OTHER APPLICABLE LAW, ANY LIABILITY FOR DAMAGES OF ANY KIND, LOST PROFITS AND INCIDENTAL DAMAGES THAT MAY BE CAUSED OR DERIVED FROM THE LACK OF AVAILABILITY, SERVICES, FUNCTIONALITY OR IN LOCO’S OPERATION, AS WELL AS THOSE ARISING FROM OR CAUSED BY THE OFFERING OF IN LOCO’S SERVICES THROUGH THIRD PARTIES OR PARTNERS.

E. Termination of Service and Users Removal

  1. The provision of In Loco’s services has no set term, but it reserves the right to terminate, suspend or interrupt unilaterally and at any time, without prior notice, the total or partial provision of the service, or your entire transformation and modification.