1. LEGAL NOTICE AND ACCEPTANCE
This Legal Notice (hereinafter referred to as “Legal Notice”) governs use of the website www.brookfieldbr.com (hereinafter, the “Website”), which BROOKFIELD BRAZIL LTDA., a business corporation duly organized and existing under the laws of the Federative Republic of Brazil, registered with the Ministry of Finance’s National Register of Corporate Taxpayers under No. 34.268.326/0001-16, with registered office in the City of Rio de Janeiro, State of Rio de Janeiro, hereinafter referred to as “BROOKFIELD BRAZIL” provides to Internet users.
By using the Website, users (hereinafter, “Users”) acknowledge having fully and unconditionally accepted all the terms set forth in this Legal Notice in its current version at the time the Website is used. Accordingly, Users should read this Legal Notice carefully each time the Website is used, as its terms of use may have changed.
Use of certain services and content available on the Website is subject to specific terms (hereinafter, the “Specific Terms”), which may, as the case may be, replace, supplement and/or modify this Legal Notice. Accordingly, Users should read the relevant Specific Terms before accessing or using any such service or content, as any access to services and content subject to Specific Terms will signify Users’ unconditional acceptance of such terms in their current version published by BROOKFIELD BRAZIL at the time of access and/or use.
Use of the Website is further subject to all notices, use regulations and instructions made available to Users by BROOKFIELD BRAZIL, which are in addition to the provisions of this Legal Notice to the extent they are not in conflict with this Legal Notice.
2. PURPOSE
The purpose of BROOKFIELD BRAZIL’s Website is to provide Users with access to various services and content (hereinafter, the “Services”), whether made available by BROOKFIELD BRAZIL or third parties.
3. TERM OF ACCESS AND USE OF THE WEBSITE
3.1 Free access to and use of the Website
The Services provided by BROOKFIELD BRAZIL are free to Users.
3.2 User Registration
As a general rule, prior subscription or registration is not required to use the Services. BROOKFIELD BRAZIL reserves the right to require registration and a password for special access to certain areas of the Website.
3.3 Veracity of information
All information provided by Users through the Services must be true. Thus, Users warrant the accuracy of all information provided when filling out the relevant forms. Accordingly, it will be the responsibility of Users to maintain all information provided to BROOKFIELD BRAZIL continuously updated to ensure their accuracy. In any event, Users will be solely liable for any false or inaccurate information provided by Users, which may result in losses to BROOKFIELD BRAZIL or third parties.
3.4. Minor Users
Use of the Services by Users under legal age require prior permission from their parents, guardians or legal representatives, who will be deemed liable for all the acts of the minors.
Services and Content available on the Website are neither offered to nor recommended for Users under legal age.
Parents, guardians or legal representatives of minors will be fully responsible for the content and Services used by minors. As the Internet provides access to content that may be inappropriate for minors, Users are advised by BROOKFIELD BRAZIL that there are mechanisms, particularly that of search tools, through which content available to minors may be limited and which are especially useful in the control and restriction of materials, even though they are not foolproof.
3.5 Proper Use of Website and Services Requirement
Users agree to use the Website and Services in accordance with the law, the provisions of this Legal Notice, the Specific Terms applicable to certain Services, the notices, use regulations and instructions brought to Users’ attention, and also in accordance with public order, moral and other generally accepted social values.
Users undertakes – by way of example only – not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, files and audio and/or image files, photographs, recordings, software and, generally, any type of material that:
(a) may in any manner conflict with, detract from, or violate the fundamental rights and civil liberties afforded under constitutional provisions, international treaties and the Law as a whole;
(b) induce, encourage or promote conduct which is illegal, denigrating, defamatory, degrading, violent or generally in violation of the law and public order, moral and other generally accepted social values;
(c) induce, or may induce, an unacceptable state of anxiety or apprehension;
(d) induce or encourage anyone to engage in conduct which is dangerous, risky or detrimental to physical or mental health;
(e) are false, ambiguous, inaccurate, exaggerated or outdated such that they may induce to mistake as to their object or the communicator’s intent or purpose;
(f) are protected by any third-party industrial or intellectual property rights, without having first obtained from the owners thereof the required authorization for the actual or intended use;
(g) infringe trade secrets of third parties;
(h) violates the right to honor, personal and family privacy, and one's likeness;
(i) violate communications privacy regulations;
(j) constitute unlawful, misleading or deceptive advertising and, generally, unfair competition;
(k) contain any computer virus or other physical or electronic devices capable of causing damage to or prevent the normal operation of any network or computer systems (“hardware” and “software”) of third parties, or capable of causing damage to electronic documents and files stored therein;
(l) contain HTML content other than that expressly authorized by BROOKFIELD BRAZIL.
3.6 Proper Use of Content Requirement
Pursuant to the terms of section 3.5, Users undertake to use content made available to Users on the Website, such content including, but not limited to, text, photographs, graphics, images, icons, technology, software, links and other audiovisual or audio content (hereinafter, the “Content”), in accordance with the law, this Legal Notice, the Specific Terms for certain Services and all other notices, use regulations and instructions brought to Users’ attention, in addition to public order, moral and other generally accepted social values. In particular, Users further undertake not to:
(a) reproduce, copy, distribute, publicly disclose, make any alteration or change to Content, unless Users have first obtained the authorization of the owners of the respective rights or are legally permitted to do so;
(b) remove, tamper with or in any way alter a copyright notice and other identifying marks of BROOKFIELD BRAZIL and other authors, as well as any technical protection devices, digital marks or information mechanisms that may include Content;
Users shall abstain from obtaining, or attempting to obtain, Content by any means other than those that, in each case, have been made available for such purpose, or that are generally used on the Internet for such purpose but carry with them the risk of damaging or disrupting the Website, Services or Content.
3.7 Use of Services in accordance with BROOKFIELD BRAZIL’s Anti-Spamming Policy
Users undertake to abstain from:
(i) obtaining data for advertising purposes and sending advertising of any kind for the purpose of selling or other business purposes without having first requested and obtained consent;
(ii) sending unsolicited or unconsented bulk messages;
(iii) sending unsolicited or unconsented e-mail chain messages;
(iv) using distribution lists available through the Website and the Services to engage in the activities described in clauses (i) to (iii) above;
(v) making available to third parties, for any purpose, data obtained from distribution lists.
Users or third parties affected by receipt of unsolicited bulk messages may complain by contacting BROOKFIELD BRAZIL through the appropriate e-mail address available on the Website.
3.8 Placing hyperlinks to pages and Services on the Website
Users and any other persons proposing to place a hyperlink to the Website in their webpage (hereinafter, the “Hyperlink”) shall comply with the following requirements:
(i) the Hyperlink shall allow access solely and exclusively to the Website homepage, but cannot be capable of reproducing it in any way;
(ii) frames cannot be created on the Website pages;
(iii) no false, inaccurate or incorrect representations or indications about BROOKFIELD BRAZIL, its directors and officers, employees, Website pages and Services shall be made;
(iv) no representation or holding out shall be made that BROOKFIELD BRAZIL has authorized the Hyperlink or has in any way overseen or assumed any liability for the services offered or made available on the webpage in which the Hyperlink has been placed;
(v) except for Hyperlink indications, the webpage in which the Hyperlink is placed shall not contain any trademark, trade name, logo, slogan, “look and feel” or any other signs owned by BROOKFIELD BRAZIL;
(vi) the webpage in which the Hyperlink is placed shall not contain information or content which is unlawful, contrary to moral standards, public order or accepted social values, or in violation of third-party rights;
Placement of a Hyperlink in no way implies the existence of any relationship between BROOKFIELD BRAZIL and the owner of the webpage in which the Hyperlink has been placed or any acceptance or approval by BROOKFIELD BRAZIL of the content or services in such webpage.
4. LICENSE
All trademarks, trade names or distinctive signs of any kind appearing on the Website are the property of BROOKFIELD BRAZIL or third parties, and no use of or access to the Website or the Services shall be deemed to confer upon Users any right to make any reference to such trademarks, trade names and signs.
Content is the property of BROOKFIELD BRAZIL or third parties and shall not be deemed to have been assigned to Users. Any right now or hereafter held to the use of any such Content shall be in accordance with the requirement for proper use of the Website and Services.
5. DISCLAIMER OF WARRANTIES AND LIABILITY
5.1 Disclaimer of warranties and liability regarding operation of the Website and Services
5.1.1 Availability, undisrupted operation, usefulness and reliability
For technical and operational reasons, BROOKFIELD BRAZIL cannot guarantee the availability and undisrupted operation of the Website and Services. Where reasonably possible, BROOKFIELD BRAZIL will provide advance notice of any interruptions in the Website operation and Services. Further, BROOKFIELD BRAZIL does not provide any guarantees regarding the usefulness or reliability of the Website and Services for the carrying out of any activities and, particularly, but not exhaustively, that Users will be actually capable of using the Website and the Services or accessing the various webpages that comprise the Website or through which Services are provided.
BROOKFIELD BRAZIL disclaims, to the fullest extent permitted by law, any liability for any damages and losses whatsoever that may arise out of unavailability or disruption of the Website and Services, any fraudulent use made of the Website and Services by Users, any Website or Services failure and, particularly, but not exhaustively, any failure in accessing the various webpages that comprise the Website or through which Services are provided.
5.1.2 Privacy and security for use of the Website and Services
BROOKFIELD BRAZIL does not guarantee the privacy and security of use of the Website and Services nor, in particular, does it guarantee that unauthorized third parties cannot become aware of the category, conditions, nature and circumstances in which Users use the Website or the Services.
BROOKFIELD BRAZIL disclaims all liability, to the extent permitted by law, for any damages and losses whatsoever that may arise out of any unauthorized third party having knowledge of the category, conditions, nature and circumstances in which Users use the Website or the Services.
5.2 Disclaimer of warranties and liability regarding Content
5.2.1 Quality
BROOKFIELD BRAZIL does not guarantee that Content will be free from viruses or other harmful components, which may adversely affect its computer systems (hardware and software) or any electronic documents and files stored therein.
BROOKFIELD BRAZIL disclaims any liability, to the extent permitted by law, for any damages and losses whatsoever that may arise out of the presence of viruses or other harmful components in content, which may adversely affect and/or damage hardware and/or electronic systems of Users.
5.2.2 Lawfulness, Reliability and Usefulness
BROOKFIELD BRAZIL does not guarantee the lawfulness, reliability and usefulness of Content.
BROOKFIELD BRAZIL disclaims all liability, to the extent permitted by law, for any damages or losses whatsoever that may arise out of the transmission, dissemination, storage, availability, receipt and obtaining of or access to Content, particularly, but not exhaustively, any damages and losses that may arise out of:
(a) any violation of the law, public order, moral and other generally accepted social values as a result of any transmission, dissemination, storage, availability, receipt, obtaining of or access to Content;
(b) infringement of any third-party’s industrial or intellectual property rights, trade secrets, contractual arrangements of any kind, right to honor, personal and family privacy, and likeness, property rights and any other rights whatsoever, as a result of any transmission, dissemination, storage, availability, receipt, obtaining of or access to Content;
(c) any unfair competition practices and unlawful advertising, as a result of any transmission, dissemination, storage, availability, receipt, obtaining of or access to Content;
(d) any untrue, inaccurate, inexact, immaterial and/or outdated Content;
(e) inadequacy of Content for any purpose, or frustration of expectations created by Content;
(f) nonperformance, delay in performance, defective performance, or termination for any reason of any obligations assumed by third parties or contracts entered into with third parties through or by having access to Content;
(g) any failed or defective Services provided by third parties through the Website.
5.2.3 Veracity, accuracy, completeness and currency
BROOKFIELD BRAZIL does not guarantee the veracity, accuracy, completeness and currency of Content.
BROOKFIELD BRAZIL disclaims all liability, to the extent permitted by law, for any damages or losses whatsoever that may arise out of lack of veracity, accuracy, completeness and/or currency of Content.
5.3 Disclaimer of warranties and liability for services provided by third parties through the Website
5.3.1 BROOKFIELD BRAZIL does not exercise prior control over any Services provided by third parties and, therefore, does not guarantee that such Services will be free from viruses or other harmful components that may adversely affect its computer systems (software and hardware) or any electronic documents and files stored therein.
BROOKFIELD BRAZIL disclaims all liability for any damages or losses whatsoever that may arise out of the presence of viruses or other harmful components in Services provided by third parties, which may adversely affect and/or damage the hardware and/or electronic systems of Users.
5.3.2 Lawfulness, Reliability and Usefulness
BROOKFIELD BRAZIL cannot, and does not, guarantee the lawfulness, reliability and usefulness of Services provided by third parties through the Website.
BROOKFIELD BRAZIL disclaims all liability for any damages and losses whatsoever that may arise out of Services provided by third parties through the Website and, particularly, but not exhaustively, any damages and losses that may arise out of:
(a) any violation of the law, public order, moral and other generally accepted social values as a result of the provision of Services by third parties through the Website;
(b) infringement of any third-party’s industrial or intellectual property rights, trade secrets, contractual arrangements of any kind, right to honor, personal and family privacy, and likeness, property rights and any other rights whatsoever, as a result the provision of Services by third parties through the Website;
(c) any unfair competition practices and unlawful advertising, as a result of the provision of Services by third parties through the Website;
(d) any untrue, inaccurate, terminated, immaterial and/or outdated content transmitted, disseminated, stored, received, obtained, made available or accessible through Services provided by third parties through the Website;
(e) inadequacy of Services for any purpose, or frustration of expectations created by Services provided by third parties through the Website;
(f) nonperformance, delay in performance, defective performance, or termination for any reason of any obligations assumed by third parties or contracts entered into with third parties in connection with the provision of Services by third parties through the Website;
(g) any failed or defective Services provided by third parties through the Website.
5.4 Disclaimer of warranties and liability for information, content and services hosted by third parties
The Website provides technical mechanisms called “access links”, such as, banners (graphic images and signs on webpages, with advertising, publicity, etc.), buttons, directories and search tools, which allow Users to have access to third-party sites (hereinafter, “External Sites”). The sole purpose of placing such banners, directories and search tools on the Website is to make it easier for Users to obtain information available on the Internet.
The results from such search tools are provided directly by third parties through the automatic operation of technical mechanisms and, therefore, BROOKFIELD BRAZIL cannot, and does not, control such results. Particularly, BROOKFIELD BRAZIL has no control over the fact that sites the content of which may be illicit, inappropriate or contrary to moral standards and other socially accepted values are listed among these search results. Users who are concerned that any of the sites listed among search results provides unlawful activities or information and who wish to request the removal of the relevant link, shall follow the procedure provided in section seven of this Legal Notice.
BROOKFIELD BRAZIL does not offer or sell, on its own behalf or on behalf of third parties, any information, content and services available on External Sites, and does not exercise any prior control or approves, endorses, oversees such information, content and services or holds them out to be its own. Therefore, Users are required to use all prudence with respect to the use of content and services available on External Sites.
BROOKFIELD BRAZIL does not guarantee and disclaims any liability whatsoever for any damages and losses that may arise out of:
(a) the operation, availability, accessibility or continuity of External Sites;
(b) maintenance of services, information, data, files, products and any kind of material available on External Sites;
(c) the provision, delivery or transmission of services, information, data, files, products and any kind of material available on linked sites;
(d) the quality, lawfulness, reliability and usefulness of services, information, data, files, products and any kind of material available on External Sites, on the same terms and to the same extent set forth in sections 5.2 and 5.3 of this legal notice.
5.5 Disclaimer of warranties and liability for use of the Website, Services and Content by Users
BROOKFIELD BRAZIL does not control access to or use of the Website, Services and Content by Users. Particularly, BROOKFIELD BRAZIL does not guarantee that Users use the Website, Services and Content in accordance with the law, this Legal Notice and, in each case, any applicable Specific Terms, public order, moral and generally accepted social values, nor that they do so in a careful and prudent manner. Additionally, BROOKFIELD BRAZIL has no obligation to, and does not, verify the identity of Users or whether information provided by Users about themselves to other Users is true, current, complete and/or genuine.
BROOKFIELD BRAZIL disclaims all liability for any damages and losses whatsoever that may arise out of use of Services and Content, or by reason that information provided by Users about themselves to other Users is not true, current, complete and/or genuine, and particularly, but not exhaustively, any and all damages and losses that may arise out of messages posted by Users impersonating others through the Website.
6. PROTECTION OF PERSONAL INFORMATION
In order to access and/or use some of the Services, Users are required first to provide certain personal information (hereinafter, “Personal Information”) to BROOKFIELD BRAZIL. BROOKFIELD BRAZIL will process such information by automatic systems, pursuant to its Personal Information Privacy Policy.
BROOKFIELD BRAZIL has taken statutorily required precautions to ensure the security and privacy of personal information and makes efforts to adopt additional technical security means and measures. However, Users should note that security measures in respect of the Internet are not foolproof.
BROOKFIELD BRAZIL may send cookies when Users access the Website pages and sites. Cookies that may be used on the Website pages and sites are set solely in the computer browser and do not collect any information from which the name and surname of Users may be obtained.
Cookies allow BROOKFIELD BRAZIL to recognize Users who have registered on a previous visit to the Website so that they will not need to register each time they visit. Users may configure their browser to post a warning message on the computer screen when cookies are sent, as well as to refuse cookies before they are stored in the hard drive. Users should refer to browser instructions and manuals to learn more about these functions. Users are not required to allow cookies sent by BROOKFIELD BRAZIL, but if cookies are refused Users will have to register each time they wish to access a Service that requires prior registration.
Cookies used on the Website pages and sites may be sent from various servers operated by BROOKFIELD BRAZIL or from third-party servers hosting services for BROOKFIELD BRAZIL and placing cookies. Where settings that disable cookies are not activated, Users may search the computer hard drive following browser instructions.
7. PROCEDURE IN CASE OF UNLAWFUL ACTIVITIES
In the event any User or a third party is concerned that any facts or circumstances constitute unlawful activity in connection with the use of any content or webpage available on or accessible through the Website and, particularly, the such facts or circumstances violate intellectual property rights or other rights, such User or the relevant third party shall send a message to BROOKFIELD BRAZIL, containing the following information:
(a) personal information: name, address, telephone number and e-mail address of the complaining User or third party;
(b) description of the allegedly unlawful activity on the Website and, particularly, in case of alleged copyright infringement, a precise and complete identification of the protected content that is allegedly infringed;
(c) facts or circumstances revealing the unlawful character of the relevant activity;
(d) an express and clear statement that the relevant content was used without the consent of the owner of the allegedly infringed intellectual property rights.
8. NOTICES
All notices and communications (hereinafter, the “Notices”) from Users to BROOKFIELD BRAZIL will be deemed effective for all purposes if addressed to BROOKFIELD BRAZIL at the appropriate e-mail address made available on the Website.
All notices and communications (hereinafter, the “Notices”) from BROOKFIELD BRAZIL to any User will be deemed effective for all purposes if made as follows:
(a) by a letter sent to the User’s valid domicile address provided to BROOKFIELD BRAZIL;
(b) by an e-mail message directed to any of the addresses provided by the User;
(c) by telephone, at the number provided by the User;
(d) by messages appearing in connection with Services provided by BROOKFIELD BRAZIL.
Thus, all Notices made by BROOKFIELD BRAZIL will be deemed effective if made by the use of the foregoing information and means. To such effect, Users represent that all information provided is valid and correct, and undertake to advise BROOKFIELD BRAZIL of any and all changes regarding information required for purposes of notice.
9. REMOVAL AND SUSPENSION OF SERVICES
BROOKFIELD BRAZIL reserves the right to refuse or terminate access to the Website and/or Services by those Users failing to comply with this Legal Notice, at any time and without advance notice, on its own initiative or at the request of a third party.
10. DURATION AND TERMINATION
The provision of Website services and any other Services will be for an indefinite period. However, BROOKFIELD BRAZIL is entitled to terminate, suspend or interrupt unilaterally, at any time and regardless of notice, the provision of the Website service and/or of any other Services, without prejudice to the terms of the respective Legal Notice.
11. APPLICABLE LAW
This Legal Notice is governed by Brazilian laws.
For any comments or suggestions, please write to the appropriate e-mail address made available on this Website.
Reproduction of this Legal Notice, in whole or in part, is prohibited.