Terms and Conditions of Use for the RICHESTER® Website
This website has been designed to provide information of RICHESTER® and its products and offer a social network environment, allowing its users to exchange recipes and interact with one another.
For the purposes of these Terms and Conditions of Use for the RICHESTER® Website, the following definitions and descriptions should be considered:
Richester®: Name used in these Terms and Conditions of Use for the RICHESTER® website to identify the holder and owner of this website, M. DIAS BRANCO S.A. INDÚSTRIA E COMÉRCIO DE ALIMENTOS, a legal entity of private law, CNPJ (corporate registration) 07206816/0001-15, with headquarter at: Rodovia BR 116, Km 18, S/N, Jabuti, 61760-000, Eusébio, Ceará, Brazil.
Anti-spam: A system that prevents unwanted emails, such as mass advertising, by blocking messages or moving them to a specific folder.
Spider app: A program developed to collect information from the internet, browsing the web like a spider.
Access account: Visitor’s user name and password (account) that ensure the access to the restricted area of the website http://www.richester.com.br/.
Registration data: Visitor’s personal information to identify him/her from the others, including ID, taxpayer ID (CPF, for natural persons) or corporate (CNPJ), home or business address, office, full name, among others.
Login: User name chosen by the visitor when filling out the registration form to access exclusive features of the website.
Logon: When the registered visitor provides his/her login and password to access the restricted area of the website.
Layout: Website appearance, design and flows.
Link: Internet address.
Logs: Files that contain visitor’s activities on the website.
User name: Visitor’s name to access exclusive features of the website; same as “login”.
Website: Refers to http://www.richester.com.br/.
Password: A sequence of characters that serves as a proof of a user’s digital identity that should be kept in secrecy.
Site: Same as website.
User: Guest registered on the website http: // www. richester.com.br/ and with an access account.
Visitor: Anyone who browses the website http: // www. richester.com.br/.
Webmastering: Comprises the design/development, programming, management and availability of internet pages.
1. Access and functionality restrictions:
1.1. This website is dedicated to people who want to see information about RICHESTER® products and use its social network environment to share recipes, tips and photos.
1.2. The social network platform functionalities will be available to registered visitors only, who access the restricted area of the website by providing their login ID and password. The access is not allowed through any other site, even with browsing enhancements.
1.3. Visitors and users do not have the access to the website programming features or database, or any other information that is part of the webmastering activity. Anyone violating this regulation will be fined according to the Brazilian criminal law and required to repair any resulting damage or loss.
1.4. In addition, it is not allowed to perform or let someone perform reverse engineering, or translate, decompile, copy, change, reproduce, rent, sublicense, publish, disclose, transfer, lend, distribute or otherwise use query tools of this website and its features.
1.5. Spider applications or data mining of any sort or kind are not allowed on this website, as well as any other type not specified here but acting like a robot to perform mass operations or for any other purpose; otherwise, the implications of the Brazilian criminal law should be applied to repair the damage resulting from such use.
1.5.1. The website was developed to be used by human beings aiming to provide information about RICHESTER® and its food products to visitors and promote the interaction of registered visitors on its social network platform, sharing recipes, experiences, tips, and content. Other uses of the website will not be allowed.
1.6. The website does not provide internet access to visitors without browsing resources.
2. General information about the website and its operation:
2.1. This website is presented as is to the web audience and may have constant improvements and updates; then, RICHESTER® will not offer a website structure or layout.
2.2. RICHESTER® will make all efforts to offer continuous and permanent website availability; however, the website is subject to extraordinary events, such as natural disasters, failures or breakdowns of the central communication systems and internet access or events caused by third parties, which are beyond the control of RICHESTER®.
2.3. RICHESTER® should not be held liable for any damage, loss or harm to the equipment of visitors or users caused by faulty system, server or internet connection, even when arising from misconduct of third parties, including malicious software actions, such as viruses, Trojan horses and others that could somehow damage the equipment or connection of visitors and users linked with website access, use or browsing, and transfer of data, files, images, text, audio or videos.
2.4. Visitors and users have no right to require the website availability to better suit their needs, or seek compensation or repair of damages in the event of offline website, regardless of the reason.
2.6 The login and password are personal data and should not be revealed, sold, or transferred to anyone.
2.7 RICHESTER® may, at its sole discretion and convenience, remove or suspend specific user accounts from its website, due to suspected inaccurate information or unlawful act. This option does not exempt the visitor to provide correct data and present behaviors that match the purpose of this website and his/her website registration.
3. Visitor website registration
3.1. If a visitor wants to use the website’s unique features or purchase products, he/she should register to this website by providing his/her personal data as required and a strong password for identification and authentication. An access account will be created at the end of the procedure.
3.1.1. When a visitor registers to this website, he/she should provide true information only and should keep his/her information always updated; otherwise, the visitor may have civil and criminal implications including payment for damages from using incorrect data, also by third parties, regardless of the guilt.
3.1.2. RICHESTER® website requires the following data:
– Full name
– CPF (taxpayer ID)
– Birth date
– Telephone number
– Mobile phone
– ZIP CODE
3.2 The website registration is free, but it should be confirmed before the access is authorized through a link emailed to the visitor. Only visitors over twelve (12) years of age or emancipated should register.
3.2.1. RICHESTER® strongly emphasizes the website users should not use the food recipes found on the website if not supervised by a person of legal age.
3.4. The user may change his/her password and some registration data at any time using website resources
3.5. The user does not need to fill all data; however, the access to certain features depends on specific information, indicated on the registration page, and according to user browsing.
4. Communication between RICHESTER® and its visitors and users:
4.1. RICHESTER® uses the email provided in user contact information as its main communication channel, to confirm user operations and requests on the website or provide some specific information, such as the answer to forgotten password requests.
4.1.1. Visitors or user are responsible for the receipt of notifications; so it is important to provide correct and accurate data to RICHESTER® and keep them updated.
4.1.2. Visitors or user are responsible for keeping anti-spam systems configured in such way to prevent interference in the receipt of notifications and materials sent by RICHESTER®, no excuse will be acceptable in case they haven’t received any email because of this system or similar filter.
5. Visitor and User Privacy on RICHESTER® website:
6. Obligations of RICHESTER®:
6.1. RICHESTER® agrees to:
6.1.1. Keep a safe virtual environment, except for any destructive act by third party that is beyond its efforts, and in which case, RICHESTER® should not be liable for damages resulting from this harmful practice.
6.1.2. Maintain the website functionalities, with no broken links, using a layout that promotes website usability for easy browsing, whenever possible.
6.1.3. Display features in a clear, complete, accurate and sufficient manner, to present an accurate perception of the transactions.
7. Obligations of visitors and users:
7.1. Visitors and users agree to perform ethical browsing, always respecting the conditions governing the website use.
7.2. Users should take care of the confidentiality and security of their login and password, considering that such account information determines their digital identity and confirms them as the authors of all acts performed on their behalf, even if it is a third party with access to these data.
7.3. In any incident related to login and password, such as theft, loss or suspected breach of confidentiality, the registered user should change his/her password and notify RICHESTER® immediately to prevent damages that may be difficult to repair.
7.4. Users with an account on this website should keep their registration data updated; otherwise, they may have civil and criminal implications for damages caused by the provision of imprecise and inaccurate information.
7.5. By providing data and information to RICHESTER®, visitors and users should be always committed to truth and authenticity; otherwise, they may have civil and criminal implications of the law, have their access account removed from the website and may have to indemnify against any resulting damage.
7.6. In case of any damage to the website or third parties, the person in charge (not RICHESTER®) should assume all obligations and indemnify the injured party.
7.7. The user should use the current resources of this website for its intended purposes; otherwise penalties may be applied to indemnify against any damage, and his/her access account may be removed from the website.
8. Website copyright and intellectual property:
8.1. The commercial use of RICHESTER® as a trademark, trade name or domain name and of the website content, as well as applications, databases, networks, files for user access are property of Richester ® and are protected by international laws and treaties of copyright, trademarks, patents and industrial designs.
8.2. By accessing this website, visitors and users agree that they will respect all intellectual property and trademark rights and protection of patents and/or industrial designs deposited or registered by RICHESTER® as well as all rights related to content of third parties that may be or have been available on the website. The simple access to the website does not ensure any right to use the names, titles, words, phrases, trademarks, patents, literary works, artistic works, music, images, data and information, among others, that are or have been available on the website.
8.3. The reproduction of the contents described above is prohibited, except with a prior written permission of RICHESTER® or exclusively for personal use, and under no circumstances visitors and users will have any right to these contents.
8.4. This website should not be used for commercial or advertising purposes, or any other purpose contrary to its intended use, as defined in this document. In addition, the texts, pictures and graphic materials of this website should not be reproduced, distributed or disseminated, in whole or in part, without a prior written permission of RICHESTER®. Material printing will be allowed for personal use only, and the content should not be separated, to offer the true understanding of the idea and objective.
8.5. Visitors and users assume the civil and/or criminal responsibility for any improper use of information, texts, graphic materials, trademarks, works, images, and any and all rights of intellectual or industrial property of this website
8.6. Any other use of materials protected by the law of intellectual and industrial property and copyright rules, including for editorial, commercial or advertising purposes, may occur only after a prior express consent of RICHESTER®. Visitors and users are aware that any unauthorized commercial use may incur civil and criminal implications due to copyright law violation.
8.7. Any reuse of material protected by the law of intellectual and industrial property and copyright rules requires a new authorization from RICHESTER®.
8.8. The permission to use any website material may not be transferred to third parties, even if these third parties are linked with the person with such permission.
8.9. The use of any website material does not allow visitors and users to expose third parties to ridiculous situations, create illegal, defamatory, obscene or immoral works that would violate ethics and good customs; otherwise, legal penalties may be applied, according to the legislation in force.
8.10. Any use not covered in the mentioned authorization shall be considered a violation of the copyright law and subject to the applicable penalties defined in Law 9610 of February 19, 1998, which protects copyrights in Brazil.
8.11. In case any advertisement, article, video, news or photograph reproduced on the website is removed as a result of any complaint, it should always be understood as a demonstration of our intention to avoid unpleasant situations, and never as a violation of RICHESTER® to the right of third parties.
8.12. The pictures and images used on this website may not reflect the original size or current state of the product; they are merely for illustrative purposes.
8.13. Unless otherwise specified in the agreement between the user and RICHESTER®, users have the rights to the content they have already uploaded to the website, such as, but not limited to, recipes, pictures, tips, drawings, messages, comments, suggestions, ideas and notes; however, they grant an irrevocable, lifelong, worldwide, unrestricted, royalty-free license for non-exclusive reproduction, adaptation, modification, translation, publishing, development of derivative products, sublicensing, editorial exploration, for commercial purposes or not, distribution or display on the website, enabling the best use of the tool or illustration of any product or service offered by the website.
9. Reporting channel:
9.1. The website provides a reporting channel to RICHESTER® website users to report any inappropriate content on the website, such as:
– Offense to the reputation, image and dignity of third parties;
– Pornography, pedophilia and other forms of sexual satisfaction;
– Racism or discrimination of any kind;
– Bullying, stalking or any other kind of illegal constraint;
– Violation of copyright or image rights;
– Use of brands, symbols, logotypes or badges belonging to third-parties;
– Instigation or encouragement to commit crimes such as trafficking and use of drugs, rape, murder, larceny, among others;
– Commercial or promotional activity, or one that suggests economic activity.
9.1.1. The reporting channel will be confidential and preserve the user’s identity.
10.1. RICHESTER® offers channels for direct communication with its visitors and users on its website (Contact us), and the following contact options:
– Customer service telephone number: 0800 702 5509, from Monday to Friday, from 8 am to 6 pm;
– Email: firstname.lastname@example.org or Caixa Postal 2637 – CEP 60154-970;
– Website section “Contact us”.
10.2. After sending a message via “Contact us”, the visitor or user will receive a copy of this message to confirm the message has been received.
11. Changes to these Terms and Conditions:
12. General provisions:
12.1. The tolerance of any non-compliance with any of the clauses and conditions of this instrument shall not constitute novation of the obligations set forth in this document nor shall it prevent or inhibit its enforceability at any time.
12.2. This website is based on the official Brasilia time zone.
13. Governing law and jurisdiction:
13.1. These Terms and Conditions of Use for the RICHESTER® website shall be interpreted in accordance with the Brazilian law, in Portuguese, and the Court of the District of Fortaleza, Ceará, is elected to resolve any dispute, question or doubt related to this matter, renouncing any other court, no matter how privileged it may be.
14.1. This document is registered in the 1st and 2nd Bureaus of Legal and Civil Notes and Records, county of Itaitinga, located at Av. Colonel Virgílio Távora, 586, Itaitinga, Ceará, 61880-000.