Terms of Service

Português

Last updated: 2020-05-05

1. Introduction

Welcome to Olist Shops!

We know it is tempting to skip these Terms of Service, but it is important to establish what you can expect from us as you use Olist Shops services, and what we expect from you!

These Terms of Service reflect the way you can interact with our services available on olistshops.com, Google Play Store, Apple App Store, and they are operated by Olist Servicos Digitais LTDA (“Olist” or “Company”).

Besides these terms, we also publish a Privacy Policy. That document will allow you to better understand your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy . You acknowledge that you have read and understood Agreements, and agree to be bound of them.

Your agreement with us includes these terms and our Privacy Policy. You acknowledge that you have read and understood the agreements, and agree to be bound of them.

If you do NOT agree with the agreements, then you may not be eligible to use our services. We highly encourage you to let us know what part of the Terms of Service or Privacy Policy you do not agree with, by emailing at hello@olistshops.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use our services.

2. Communications

When you use Olist Shops Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Olist Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt-out of our newsletters, marketing or promotional materials or by emailing athello@olistshops.com.

3. Content

Olist Shops is a content provider that gives the opportunity to advertisers to use our services without any charges. Our service allow you to post, link, store, share and otherwise make available certain information, text, graphics or other material. By doing so, you become the only responsible for the Content that you post on or through our service at all levels, including its legality, reliability, and appropriateness.

By posting your Content on or through our services, you represent and warrant that: (i) The content is yours (you own it) and you have the right to use it, and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or any law, after the receipt of any form of notification from/or a lawsuit or administrative proceeding.

You retain any and all of your rights to any Content you submit, post, or display on or through our system, and you are responsible for protecting those rights.We take no responsibility and assume no liability for the content you or any third party posts on or through our system.However, by posting your content using our services, you grant us the right and license to use, publicly display, reproduce, and distribute such Content on and through our system. You agree that this license includes the right for us to make your Content available to other users of our services, who may also use your Content subject to these Terms.

The Olist Shops has the right, but not the obligation, to edit and delete all Content provided by users. This right will be only applied if Olist Shops get notified by the owners of the privacy rights, publicity rights, copyrights, and contract rights, as by the legal authorities.

4. Prohibited Uses

You may use our services only for lawful purposes and in accordance with these terms. You agree to not use our services:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To send or share any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which may harm or offend Company or users of Service or expose them to liability.

0.7. To sell products, to the wider public, which is exclusive use of qualified professionals, as well as products prohibited for general sales, according to applicable law or regulation.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.

0.2. Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Company rating.

0.9. Otherwise, attempt to interfere with the proper working of Service.

5. No Use By Minors

Our service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of our services.

6. Accounts

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our services.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer/smartphone and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, as provided in item 3 "Content".

7. Intellectual Property

All content included in or made available through any Olist Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Olist or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Olist Service is the exclusive property of Olist and protected by U.S. and international copyright laws.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Olist Service are trademarks or trade dress of Olist in the U.S. and other countries. Olist’s trademarks and trade dress may not be used in connection with any product or service that is not Olist’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Olist. All other trademarks not owned by Olist that appear in any Olist Shops Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Olist.

8. Copyright Policy

Olist Shops respects the intellectual property rights of others. If you believe that your intellectual property rights have been infringed, please submit your complaint to hello@olistshops.com with the subject line: “Copyright Infringement”. This email may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim to hello@olistshops.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through our services on your copyright.

09. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claim has been infringed upon;

0.3. a description of where the material that you claim is infringing is located on the site;

0.4. your address, telephone number, and email address;

0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent at hello@olistshops.com.

10. Error Reporting and Feedback

You may provide us either directly at hello@olistshops.com or at third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other rights, title or interest in or to the Feedback; (ii) Company may have developed ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party, and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

11. Links To Other Web Sites or Services

Our Service may contain links to third-party web sites or services that are not owned or controlled by Olist.

Olist has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

12. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY OLIST SHOPS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OLIST SHOPS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OLIST SHOPS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OLIST SHOPS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER OLIST SHOPS NOR ANY PERSON ASSOCIATED WITH OLIST SHOPS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER OLIST SHOPS NOR ANYONE ASSOCIATED WITH OLIST SHOPS REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE OLIST SHOPS SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE OLIST SHOPS SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE OLIST SHOPS SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

OLIST SHOPS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

14. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of Brazil, which governing law applies to the agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

16. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

17. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

18. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

19. Acknowledgment

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

20. Contact Us

Please send your feedback, comments, requests for technical support by email:hello@olistshops.com.