TERMS OF USE FOR DIGITAL PLATFORMS
These Terms of Use regulate the general conditions for using the websitehttps://progenericos.org.br/, social media, and other digital media in accordance with Law 12.965/2014 (Brazilian Civil Rights Framework for the Internet) and Decree No. 8.771/2016 (Regulation of the Brazilian Civil Rights Framework for the Internet).
1 – PRELIMINARY INFORMATION
Digital Platforms (“Platforms”) and their content are the exclusive property of PRÓGENÉRICOS – ASSOCIAÇÃO BRASILEIRA DAS INDÚSTRIAS DE MEDICAMENTOS GENÉRICOS E BIOSSIMILARES (Brazilian Association of Generic and Biosimilar Drug Manufacturers), registered with the CNPJ/MF under number 05.776.298/0001-40, headquartered at Avenida Engenheiro Luís Carlos
Berrini, nº 1.681, 5º andar, CEP 04571-011 (PRÓGENÉRICOS).
1.1. The USER is the individual or legal entity that accesses and/or registers on the Platforms, acknowledging and accepting these "Terms of Use" in full and electronically.
1.2. BY ACCESSING THESE PLATFORMS AND PERFORMING ANY ACTIVITIES ON THEM, THE USER(A) AUTOMATICALLY AGREES TO THEIR TERMS OF USE AND OUR PRIVACY POLICY IN FULL AND WITHOUT RESTRICTION, TAKING FULL RESPONSIBILITY FOR ALL AND ANY ACTS PERFORMED ON THE PLATFORMS AND/OR RELATED TO THEM.
1.3. Additional terms may apply and, if they do, they will be complementary and considered an integral part of these for all purposes, prevailing in case of conflict. They will come into effect when we disclose them on the Platforms. The fact that the USER continues to access or use the Platforms after
disclosure of additional terms represents their consent to be bound by the updates.
1.4. The processing of personal data of USERS and/or visitors to our Platforms is governed by our Privacy Policy.
1.5. In these Terms, the words "including" and "includes" mean "including, without limitation."
- DEFINITIONS
2.1. USER: Any person who browses the websitehttps://progenericos.org.br/, its social media, or other technological means.
2.2. Member: Members of PRÓGÉNERICOS who are registered to access the restricted area of the Website.
2.3. Restricted area: Section of the Website accessed by registered members using a password.
2.4. Password: Set of characters that serve as proof of the member's identity.
- OWNERSHIP
3.1. The Platforms are and will remain the exclusive property of PRÓGENÉRICOS, and access and use thereof is permitted to the USER to the extent that they comply with the conditions set forth herein, it being understood that we may terminate, modify, extinguish, or amend these Terms, and may refuse any request from the USER suspend, cease to offer or enable access to the Platforms or part thereof, at any time, at our sole discretion, temporarily or permanently, without such decision giving the USER the right to compensation or reimbursement of any kind.
3.2. These Terms do not grant the USER USER any rights over the Platforms, safeguarding their right to use and/or access them within the limits and conditions set forth herein.
- REGISTRATION
4.1. Members who are registered by PRÓGENÉRICOS will have an exclusive browsing profile, which will allow them to access the "restricted area" and perform specific activities.
4.1.1 Access to content made available by PRÓGENÉRICOS in areas of the website that are not restricted does not require prior registration or subscription by USERS.
4.2. Access to the Platforms by minors is not permitted, and it is the responsibility of parents to manage the technology assets (notebooks, tablets, desktops, cell phones, etc.) made available to minors. Parents, guardians, or legal representatives will also be fully responsible in the event of access by minors without prior authorization.
4.2.1. Providing false or inaccurate statements constitutes a violation of these Terms of Use, resulting in the revocation of the license to use the Platforms. In any case, the USER USER will always be solely and exclusively responsible for their actions and for any damages caused to PRÓGENÉRICOS and third parties.
4.3. If the USER does not agree with the Terms of Use, it will not be possible for them to carry out the activities inherent to that purpose.
- APPLICATION
5.1. These Terms of Use apply to all pages and interfaces hosted on the Platforms. The provisions of these Terms do not apply to pages contained on Platforms of other organizations/companies that may have links or references on our website.
5.1.1. In the event of reference to the Platforms of other organizations or companies, we recommend that the USER USER read their privacy policies and terms of use.
5.2. Some content offered on the Platforms may be subject to specific Terms of Use, which shall be valid. These terms of use may replace,
supplement, or modify the present terms.
- ABOUT THE USE OF PLATFORMS
6.1. Use of the Platforms is subject to compliance with these Terms, which are granted to the USER
a limited, non-exclusive, temporary, non-sublicensable, revocable, personal, and non-transferable license to access and use the Platforms, content, information, and material made available exclusively for their
use as an end user.
6.2. The Platforms, including, without limitation, screen content, as well as programs, databases, source codes, files, publications, etc. that allow the USER to access
. USER access and use them are our exclusive property, with all rights reserved by PRÓGENÉRICOS.
6.2.1. Any rights not expressly granted to the USER USER through these Terms are also reserved to PRÓGENÉRICOS.
6.3. When registration and provision of information are required, use of and access to the Platforms will be conditional upon their completion; we may deny them if the established prerequisites are not met.
6.3.2. MESSAGES FOR USE OF THE PLATFORMS.
(a) To create a profile, the member agrees that the Platforms may send them messages as part of regular operations for the use of the PRÓGENÉRICOS website. PRÓGENÉRICOSwebsite.
(b) The USER may opt out of receiving our messages at any time by sending an email to rafael.barros@progenericos.org.br and indicating that they no longer wish to receive them. However, the USER is aware that, by choosing not to receive text messages, they may impact the use of the Platforms, impairing the services provided.
6.3.3. CONTENT PROVIDED BY THE USER USER.
(a) We may, at our sole discretion, allow the USER to USER to submit, upload, and send or, in any way, make available through the Platforms, text, audio, or video content and information, including comments and feedback related to PRÓGENÉRICOSproducts ("USER Content"). (“USER Content”).
(b) All Content from USER remains the property of its author and is their sole responsibility.
(c) However, by making Content available on our Platforms, the USER USER grants us perpetual, irrevocable, transferable, royalty-free, and free of charge authorization, valid in Brazil or abroad, including the right to use, copy, modify, create derivative works, distribute, publish, display, perform in public, and otherwise exploit such Content in all formats and distribution channels known today or developed in the future (including in connection with the Platforms and the business of PRÓGENÉRICOS and our partners), without the need for further notice to the USER
or their consent, and without us being obliged to make any payment to the USER or any other person or entity.
(d) The USER is aware that:
(I) all content that you disclose on the Platforms must be your sole creation and property, and you must hold the necessary rights, licenses, consents, and releases;
(II) if the presentation, uploading, publication, or other form of making the Content available on the Platforms infringes or constitutes misappropriation or violates the intellectual property or rights of third parties, including the right to privacy, you will be solely liable to any third parties who may have been harmed
;
(III) a PRÓGENÉRICOS may, but is not obligated to, review, monitor, and/or remove Content from USER, at its sole discretion,
t any time and for any reason, without notice to the USER, and may remove it if it believes that it violates these Terms, ethics, rules of any kind, or the rights of third parties, without such removal constituting a violation of freedom of expression or any of its rights.
6.3.4 ACCESS TO THE NETWORK AND EQUIPMENT.
(a) The USER is responsible for obtaining the necessary data network access to use the Platforms.
(b) The USER is responsible for acquiring and updating the equipment and devices necessary to access and use the Platforms and any of their updates.
6.4. The USER is also aware that they may not engage in any of the conduct described below, nor facilitate or support others in doing so, and may not use the Platforms to:
(a) Violate these Terms, our Privacy Policy, other applicable terms, policies, and laws;
(b) Any conduct that is illegal, misleading, discriminatory, fraudulent, defamatory, libelous, abusive, violent, immoral, illegal, or in any way offensive;
(c) Infringing or violating the rights of PRÓGENÉRICOS or other persons, including intellectual property rights;
(d) Upload viruses or malicious code, or do anything that could disable, overload, or affect the proper functioning or appearance of the Platforms;
(e) Access or collect data from our services or Platforms using automated means without our prior permission;
(f) Using fake or third-party profiles; and/or
(g) Attempting to access data that you are not authorized to access.
6.5. The USER , when accessing the Platforms, shall use them in a manner that is compatible with all applicable laws and regulations and in accordance with these Terms and our Privacy Policy, without infringing the rights of third parties or restricting or inhibiting the use of the Platforms.
6.6. The USER may not engage in any act that could be classified as spam, phishing, malware, cyberbullying, cyberstalking, or other illegal or harmful actions. In addition, no posts may be made on the Platforms for advertising purposes, directly or indirectly, or for any other commercial purpose, without the prior consent of PRÓGENÉRICOS. The USER
may also not collect any third-party data through the Platforms for commercial, advertising, or any other purposes other than those of regular and normal interaction proposed by PRÓGENÉRICOS. Violation of these provisions subjects the USER to be held liable for lost profits and consequential damages.
6.7. The adequate provisioning of all Internet resources necessary to access the Platforms, without exception, is the sole responsibility of the USER. USER.
6.8. The availability of the Platforms to USERS is not limited in duration, and PRÓGENÉRICOSmay, at any time, unilaterally terminate, suspend, or interrupt their availability for access, without prior notice.
6.9. USERS are encouraged toreport PRÓGENÉRICOS any content or conduct that they consider to violate their rights, according to these Terms, or the Terms and policies of PRÓGENÉRICOS, in particular the Privacy Policy.
6.10. We do not guarantee that the Platforms or any part thereof will function on any particular equipment or device. It is the responsibility of the USER
to inform themselves of the minimum hardware, operating system, and other software requirements necessary to access and/or use the platforms.
6.11. It is the responsibility of the USER to have an internet connection service in order to use the Platforms.
6.12. In addition, the Platforms may be subject to malfunctions, access interruptions, and delays inherent in the use of the Internet and electronic communications, without any claims being made against PRÓGENÉRICOS.
INTELLECTUAL PROPERTY
7.1. All rights relating to the Platforms are reserved by PRÓGENÉRICOS, including with regard to their texts, images, recordings, voices, and any other content. All trademarks featured on them are the property of PRÓGENÉRICOS, or partner companies, affiliates, suppliers, or refer to products and services for which we have the appropriate license for their use. The misuse of any content or trademarks presented on the
Platforms, in any form or medium, is expressly prohibited.
7.2. The USER shall respect all applicable copyrights and other rights, including intellectual property rights, applicable to the content of the Platforms. Each work or content present on the PRÓGENÉRICOS Platforms PRÓGENÉRICOS will be governed by its own applicable terms, and it is the sole and exclusive responsibility of the USER to observe all the rights of PRÓGENÉRICOS .
7.3. The USER is aware that the Platforms, as well as their structure, organization, and source code, are valuable trade secrets belonging to PRÓGENÉRICOS.
7.4. The USER shall not in any way:
(a) reproduce, use, copy, distribute, allow public access, make available to the public, transform, or modify in any way the contents of
PRÓGENÉRICOS Platforms PRÓGENÉRICOSplatforms, unless you have prior authorization from the owner of the corresponding rights.
(b) remove any copyright, trademark, or other intellectual property rights notices;
(c) modify, adapt, translate, prepare or create derivative works, distribute, license, lease, sell, resell, transfer, display, broadcast, transmit or otherwise exploit the Platforms, except as expressly permitted by PRÓGENÉRICOS;
(d) decompile, decode, reverse engineer, disassemble, access, consult, or otherwise attempt to decipher the source code of the Platforms;
(e) create or launch any programs or scripts for the purpose of scraping (automated collection of data that simulates USERS), searching, or any other form of obtaining data from any part of the Platforms, or to overload or unduly impair the operation and/or functionality of
any aspect;
(f) attempt to gain unauthorized access to the Platforms or impair any aspect of them or their related systems or networks;
(g) sharing your password, giving access to, or transferring your profile maintained in the restricted area of the PRÓGENÉRICOS website PRÓGENÉRICOS website;
- USE OF PLATFORMSAND CONTENTTHIRDTHIRD PARTIES
8.1. The use of the Platforms may be made available and accessed in connection with Third-Party Platforms related to the activities of PRÓGENÉRICOS and with third-party content, including advertising, within the limits set forth in the Privacy Policy.
8.2. Third-party Applications will be subject to their own terms and conditions and to PRÓGENÉRICOS shall not be liable for issues related to transactions or negotiations with such third parties, nor for their content, applications, services, websites, advertisements, links, products, services,
platforms, practices, and/or privacy policies that may be accessed through the Platforms.
8.3. It is the responsibility of the USER to verify all legal terms (including privacy policies and terms of use) of third-party Platforms
.
8.4. Any obligation, liability, commitment, or debt that the USER has with the Company shall be borne solely by the USER. USER may assume when accessing third-party platforms
arise from their exclusive will and action, and PRÓGENÉRICOSshallin no way be liable for, nor have the capacity to alter these Terms of Use of
.
8.5. If the USER accesses the Platforms using applications developed for mobile devices based on Apple iOS, Android, Microsoft
Windows, belonging to Apple Inc., Google, Inc., Microsoft Corporation, or any others, these companies will be considered third parties in relation to these Terms. The PRÓGENÉRICOSwill,under no circumstances, be responsible for these applications or their operation. It is also the responsibility of the USER to verify the privacy policies and terms of use of these applications.
- LIMITATION OF LIABILITY
9.1. The USER of the Platforms is solely and exclusively responsible for its use and navigation, and must comply with the Terms of Use and Privacy Policy of PRÓGENÉRICOS, as well as the applicable legislation, in addition to the Terms of Use and Privacy Policies of third parties, including social media, when applicable.
9.2. Under no circumstances shall PRÓGENÉRICOS, partners, or employees shall be liable for any direct or indirect, material or moral, incidental, punitive, or consequential damages, including lost profits, loss of data, associated with, arising from, or related to access, use, or inability to use the website. incidental, punitive, or consequential damages, including lost profits, loss of data, associated, arising from, or resulting from, or related to, access, use, inability to use, or inability to access or use the Platforms, even if PRÓGENÉRICOS has been alerted to the occurrence.
9.3. A PRÓGENÉRICOS shall also not be liable for delays or failures arising from causes beyond its reasonable control, nor for the quality, availability, completeness, and confidentiality of the use of or access to the Platforms.
9.4. Considering the inherent characteristics of the Internet environment, PRÓGENÉRICOS is not responsible for interruptions or suspensions of connection, incomplete or failed computer transmissions, or technical failures of any kind, including, but not limited to, electronic malfunctions of any network, hardware, or software.
9.5. The unavailability of Internet access or access to the Website, as well as any incorrect or incomplete information on the Website and any human, technical, or other type of failure in the processing of information on the Website shall not be considered the responsibility of PRÓGENÉRICOS
9.6. It is the sole responsibility of the USER to USER to keep their device environment secure, using available tools such as antivirus and firewall software, among others, in order to help prevent cyber risks.
9.7. The USER may not hold PRÓGENÉRICOS any liability, nor demand payment of compensation, for any reason, due to losses resulting from (i) technical difficulties or failures in systems, the Internet or any other type of error or (ii) unavailability of the Platforms, including when this occurs due to maintenance or improvements.
9.8. The failure of the Platforms to function properly shall not be grounds for the USER to USER to exempt themselves from fulfilling any obligations assumed, especially with regard to those provided for in contracts entered into with PRÓGENÉRICOS, in these Terms and in other applicable documents.
9.9 The USER is aware that the limitations of liability provided for in these Terms are an essential part of the existence and availability of the Platforms.
9.10. Any improvements and upgrades to the Platforms shall not give rise to any right to compensation, and users are aware of this. USERS that technological solutions may evolve on an ongoing basis.
- NO WARRANTIES
10.1. A PRÓGENÉRICOS provides and allows access to and use of the Platforms by USERS in their current form and state, without providing any express, implied, or legal warranty, including availability, suitability for specific uses or systems, absence of violations or errors.
10.2. A PRÓGENÉRICOS does not offer any guarantees, express, implied, or legal, not expressly contained in these Terms, including implied guarantees of merchantability or supply relating to the Platforms.
10.3. A PRÓGENÉRICOS also does not guarantee:
(a) the reliability, timeliness, quality, suitability, or permanent availability of the Platforms;
(b) the continuous, uninterrupted operation of the platforms, even if they are free from errors or failures;
(c) that the functions contained in the Platforms will operate in all combinations that may be selected for use.
- DISCLAIMER
11.1. The USER agrees to indemnify and hold PRÓGENÉRICOS, its partners, directors, employees, service providers, and agents harmless from any and all claims, charges, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to:
(a) access to and/or use of the Platforms;
(b) failure to comply with or breach of any provision of these Terms;
(c) the use by PRÓGENÉRICOS of the Content of ; or
(d) violation of third-party rights.
- OTHER PROVISIONS
12.1. Any questions or requests related to these Terms of Use or the Website's Privacy Policy should be sent to PRÓGENÉRICOS through the channels disclosed on the websites and social media.
12.2. Tolerance of any non-compliance with any of the clauses and conditions of these Terms of Use shall be considered mere liberality and shall not constitute a novation of the obligations stipulated herein or a waiver of any right, nor shall it prevent or inhibit the enforceability thereof at any time by PRÓGENÉRICOS.
12.3. If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, that provision shall, to that extent, be deemed not to exist for the purposes of these Terms, but the legality, validity, and enforceability of the remaining provisions contained in these Terms shall not be affected.
12.3.1. In such case, the parties shall replace the illegal, invalid, or unenforceable provision with another that is legal, valid, and enforceable and that has a similar effect in achieving the purpose described in these Terms.
12.4. To resolve any doubts and disputes regarding the content of these Terms, it is hereby established that the laws of the Federative Republic of Brazil shall apply, regardless of the country from which the Platforms are accessed.
12.5. Any disputes or legal controversies arising from acts performed on the Platforms by USERS shall be resolved in accordance with the laws of the State of Rio de Janeiro, Brazil, and the courts of the State of Rio de Janeiro, Brazil, shall have exclusive jurisdiction. USERS, including those related to non-compliance with the Terms of Use and Privacy Policy of PRÓGENÉRICOS or related to the rights of USERS, of PRÓGENÉRICOS and/or third parties shall be settled in the District Court of São Paulo, SP, Brazil.


