Last Updated: 28-04-2020
The website is made available by PagBrasil Pagamentos Eletrônicos Ltda., a legal entity, enrolled in the National Register of Legal Entities (CNPJ/MF) under No. 14.630.124/0001-65, headquartered in the City of Porto Alegre, State of Rio Grande do Sul, at Avenida Dr. Nilo Peçanha, nº 1.221, Conj. 902, Três Figueiras, CEP 91330-000 (“PagBrasil”).
PagBrasil is an institution that facilitates online payments by providing services in connection with (i) intermediation, (ii) processing and (iii) payment gateway (jointly “Services“) to Brazilian and international companies and electronic commerce platforms (“Merchants”), in order to allow such Merchants to receive payments resulting from products and/or services provided to the end user (“User”).
Through the Website, the Merchant will be able to retain the Services made available by PagBrasil, in addition to accessing its financial transactions and electronic receipts, resulting from the sale of products and/or provision of services to the Users.
BY BROWSING OUR WEBSITE, YOU ACCEPT THESE TERMS. THE PROVISIONS ESTABLISHED HEREIN WILL GOVERN YOUR RELATIONSHIP WITH THE WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS BELOW, YOU MAY NOT USE OR ACCESS THE WEBSITE OR THE SERVICES.
These Terms explains:
(i) How the website works;
(ii) How to register on the Website, to become a Merchant; and
(iii) How you can use the Website and the Services.
1.1. The terms “we” or “our” refer to PagBrasil; the terms “you”, “your” refer to the Merchant or User (referring to the Merchant’s legal representative – individual) that is accepting these Terms to use and access the Website.
2. WHAT IS THIS WEBSITE ABOUT?
2.1. Through the Website, the Merchant can retain the Services made available by PagBrasil and access its financial transactions resulting from the sale of products and/or provision of services to the Users (“Transactions”).
2.2. The Users can make payments for the benefit of the Merchants, exclusively with (i) national or international credit card, (ii) debit card, (iii) boleto bancário and Boleto Flash, (iv) PEC Flash, (v) online bank transfer and (vi) deposit or available electronic transfer (TED), which represent payment instruments accepted by the Website.
2.3. PagBrasil will only promote the intermediation and processing of online payments originated in Brazil and the respective funds may be transferred in Brazil or abroad.
2.3.1. In the event of transfer of funds in the Brazilian territory, PagBrasil will make the deposit and/or transfer of the amount due in national currency (BRL). On the other hand, funds transferred in foreign territory will be sent in foreign currency, as the case may be, through an exchange transaction and under the terms of the applicable regulations.
2.3.2. The exchange transactions carried out by PagBrasil, within the scope of the Website and Services offered to the Merchants, will observe the rules contained in Resolution No. 3,568 of May 29, 2008 and Circular No. 3,691 of December 16, 2013, in addition to other applicable rules.
2.4. PagBrasil is merely an intermediary of the Transactions, so that the Merchant will be solely and exclusively responsible for the quality, form, quantity and any other characteristics of the products and/or services provided to the User. Thus, the Merchant will be responsible for solving any divergences and disputes in relation to said products and/or services directly with the User, and PagBrasil will be excluded from this business relationship and exempt from any liability arising therefrom.
2.5. For the purpose of clarifying any doubts that the User may have in relation to payments made through PagBrasil to the Merchant, PagBrasil may provide some information to the User, related to the respective Transactions, when requested by the User through the Website and/or telephone.
2.6. PagBrasil may directly charge the User for potential fees for accelerated payment confirmation services or other services offered by the Merchant, if the User decides to select such optional service from the ones offered by the Merchant.
2.7. Without prejudice to the abovementioned provisions, PagBrasil reserves the right to expand the functionalities available on the Website, adding new Services, and the Merchant may or may not adhere to said Services.
3. WHAT EQUIPMENT IS NEEDED TO ACCESS THE WEBSITE?
3.1. The hardware (computer, tablet or mobile device) and the software (browser) necessary for navigation on the Website and the adequate provision of all internet resources (such as connection), without exception, as well as the maintenance of a safe equipment environment, with use of available tools such as updated antivirus shall be solely provided by the Merchant.
4. HOW DO I ACCESS AND USE THE WEBSITE?
4.1. Website Registration
4.1.1. To register on the Website and use the Services available, the Merchant must contact us at https://www.pagbrasil.com/pt-br/suporte/, fill in the form with the data requested and send documents that may be requested by PagBrasil. These documents may be sent to PagBrasil through email or they may be uploaded to the Website.
4.1.2. Only duly incorporated legal entities that meet the registration requirements and have active email address will be registered on the Website and qualified to retain the Services.
4.1.3. The Merchant represents that the information and other content provided to PagBrasil within the scope of the Website and these Terms are true, accurate, updated and complete, and undertakes to keep them duly updated and inform PagBrasil about any changes that may occur. The Merchant will be held liable in the civil sphere for the truthfulness, accuracy and updating of the information made available to PagBrasil within the scope of the Website.
4.2. Registration Analysis
4.2.1. PagBrasil may analyze the information made available by the Merchant within the scope of the Website to check and approve the registration, and to monitor the activities carried out by the Merchant during the validity of these Terms.
4.2.3. Without prejudice to the abovementioned provisions, PagBrasil may, at any time, request the submission of additional data and/or documents, to analyze the Merchant’s registration, as well as the information previously provided by it.
4.2.4. If the Merchant refuses to send the information and/or documents requested, or even if PagBrasil identifies incorrect and untrue data, PagBrasil, at its sole discretion, may unregister the Merchant, and the Merchant will not be entitled to receive any indemnity or compensation for this reason.
4.2.5. The Merchant authorizes PagBrasil, directly or through third parties, to carry out the researches and/or make requests necessary to validate the data of the Merchant and/or of its representatives, including, but not limited to, the Brazilian Federal Revenue Office, the Customer Registration of the National Financial System – CCS, as well as bases of credit restrictions, such as SPC and SERASA.
4.2.6. The Merchant undertakes not to carry out Transactions in segments or branches of activities other than those informed at its registration with PagBrasil, even if such activities are included in its corporate purpose. Any change in the segment or branch of activity of the Merchant must be informed to PagBrasil, which, in case of approval, may make a change in the records and, at its sole discretion, establish new business conditions, even with amounts higher than those initially agreed.
4.2.7. If any information provided by the Merchant is false, incorrect, outdated or incomplete, or if PagBrasil has sufficient reasons to suspect that such information is false, incorrect, outdated or incomplete, PagBrasil will have the right to immediately suspend or cancel, regardless of notification, the account of such Merchant and refuse any and all present or future use of the Services or part thereof.
5. THE MERCHANT RESPONSIBILITIES
5.1. By accessing and/or using the Website and its respective Services, the Merchant must, without prejudice to other obligations:
(i) ensure that all information from the Merchant or from third parties under its responsibility, is true, complete, accurate and updated;
(ii) be responsible for the information made available when accessing and/or using the Website and for the effects thereof, including before third parties, for damages or losses caused by incorrect, incomplete or untrue information;
(iii) be responsible for the Transactions carried out through the Website, assuming all the risks inherent thereto;
(iv) be responsible for the privacy and confidentiality of the information made available by the Users to the Merchant, and those related to the Transactions, taking into consideration their business relationship held between them;
(v) be aware that it is expressly forbidden to insert any content or material capable of incorporating damaging elements to the Website, by any means and forms, which can prevent the ordinary functioning of the Website, of damaging the information systems of PagBrasil or third parties, and of damaging documents and/or electronic files stored therein;
(vi) be aware that, in the event of suspected fraud, its access to the Website may be suspended or blocked at any time; and
(vii) endeavor its best efforts to clarify and/or resolve any conflicts with the User, in order to make it clear that PagBrasil is not part of the business relationship between the Merchant and the User.
(viii) by using PagBrasil’s services with Boleto Flash® or PEC Flash®, but not limited to these payment methods, and in case the Merchant is domiciled in foreign , and requires the funds to be remitted abroad, the User must be informed that the payment will be bound to a pre-paid payment account, at no cost to the User, for the operation to be carried out, according to determinations by the Central Bank of Brazil.
5.2. Without prejudice to the abovementioned provisions, the Merchant must not, among others:
(i) violate any municipal, national or international legislation incorporated into the Brazilian legal system, or that, for any legal reason, must be applied in Brazil;
(ii) perform acts contrary to good morals and customs, or even acts that may compromise PagBrasil’s public image;
(iii) assume the personality or identity of another individual or legal entity;
(iv) upload, transmit, disseminate, show, send or otherwise make available any unlawful content, including, but not limited to, content that is offensive to the honor and privacy of persons, pornographic, obscene, content having defamatory or libelous, vulgar, prejudiced, racist, discriminatory comments, content that incites crimes or is in any way reprehensible, or that can give cause to civil or criminal liability pursuant to Law;
(v) upload, transmit, disseminate, show, send or in any way make available any content that violates any third party rights, including Intellectual Property rights (as defined below);
(vi) upload, transmit, disseminate, show, send or in any way make available any type of publicity, advertisement or promotional material not solicited or authorized by PagBrasil, such as unsolicited or bulk messages (known as “junk mail” or “spam”);
(vii) upload, transmit, disseminate, show, send or in any way make available any content with virus any other code, file or computer software with the intent of interrupting, destroying or limiting the functionality of any software, hardware or equipment;
(viii) threaten, coerce or, in any way, intimidate the other Merchants or their respective Users;
(ix) violate the right to confidentiality and privacy of third parties;
(x) perform any acts that, directly or indirectly, in whole or in part, may cause damage to PagBrasil, other Merchants or any third parties; and
(xi) use the Website for purposes other than those authorized by these Terms.
6. PAGBRASIL’S DISCLAIMER OF LIABILITY
6.1. Without prejudice to other disclaimers set forth in these Terms, PagBrasil will not be liable for:
(i) any errors and/or inconsistencies in the transmission of data, as well as related to the quality or availability of the internet connection, capable of preventing the adequate receipt of information by PagBrasil or by the Merchant;
(ii) outdated, incomplete and/or untrue information that may be presented through the Website, as well as for the Transactions not carried out due to the inconsistency of said information;
(iii) the use of the Website and/or the Services in disagreement with the provisions set forth in these Terms or with applicable regulations;
(iv) any damage or loss that the Merchant may have, resulting from the improper use, by the Merchant, of the Services offered by the Website; and
(v) damages and losses of any nature caused by the knowledge that unauthorized third parties may have of any information made available through the Website, because of a failure exclusively related to the Merchant or to third parties beyond reasonable control of PagBrasil.
7. WEBSITE ASPECTS
7.1. Website Availability
7.1.1. PagBrasil seeks to ensure that the use of the Website has no interruptions or errors. However, we cannot guarantee the operation of the Website on a full-time basis, as it depends on services provided by third parties and availability of information on third-party websites, such as telecommunications companies and internet access providers. In addition, we will suspend the use and access to the Website in the event of unforeseen circumstances or force majeure, for example, in case of cyberattacks and others that may damage the functionality of the Website and put users’ information at risk.
7.2. Privacy of the Users
8. LINKS TO ACCESS TO PAGES OF THIRD PARTIES
8.2. We have no liability for the content, materials and accuracy of the information and/or quality of the products or services provided, made available or disclosed on third-party pages and we do not assume any liability regarding the access and use of these pages by users. In addition, these links do not imply endorsement in relation to any third parties, any information, materials or content on these pages, or to products or services offered by third parties.
9. INTELLECTUAL PROPERTY
9.1.1. The Website, the content and any other texts, graphics, images, photos, illustrations, corporate name, brands, logos, information, source code, layouts, look and feel, domain names, software, know-how, and other materials (other than those posted or provided by the Merchant) are protected by intellectual property rights (“Intellectual Property Rights”). PagBrasil is the owner of all Intellectual Property Rights on the Website. The commercial exploitation, transmission, disclosure, change, reproduction, copy or any other forms of commercial use of such content by the Merchant, the Users or third parties, without the prior written consent of PagBrasil, are strictly prohibited.
9.1.2. In case of violation, by Merchants, Users or third parties, of any PagBrasil’s Intellectual Property Right, the Merchant, the User, or the third party, depending on the party that causes it, must assume all civil and/or criminal liability arising from said violation.
9.2. Submission of unsolicited information
9.2.1. PagBrasil policy is not to accept or consider creative ideas, suggestions or materials, including, but not limited to, annotations, drawings, concepts, comments, technical suggestions, information on know-how, advertising material, video or other information (“Submissions”) different from those specifically requested to register the Merchant on the Website. The intent of this policy is to avoid any possible future misunderstandings in relation to projects that may be developed by PagBrasil professionals and be similar to the works created by third parties that have made any Submission to the Website.
9.2.2. ALL SUBMISSIONS WILL BE PROCESSED AS NON-CONFIDENTIAL AND NON-PROPRIETARY, AND PAGBRASIL MAY USE, ENJOY AND DISPOSE OF SAID SUBMISSIONS AS IT WISHES. PAGBRASIL WILL NOT BE RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY SUBMISSIONS AND YOU ACKNOWLEDGE HEREIN THAT NOTHING WILL BE DUE TO YOU FOR THE USE OR DISCLOSURE OF THE SUBMISSIONS.
9.3.Statements, testimonials and comments from the Merchant
9.3.1. BY AGREEING TO THESE TERMS, THE MERCHANT ALSO AUTHORIZES PAGBRASIL TO USE, COPY, REPRODUCE, MAKE AVAILABLE, TRANSMIT, SHARE, TRANSLATE INTO OTHER LANGUAGES, INSERT IN OTHER MATERIALS (INCLUDING, BUT NOT LIMITED TO, WEBSITES, VIDEOS AND ADVERTISING MATERIALS), FOR ANY PURPOSES, INCLUDING FOR COMMERCIAL, ADVERTISING AND INSTITUTIONAL PURPOSES, ANY STATEMENTS, TESTIMONIALS OR COMMENTS, IN WHOLE OR IN PART, RELATED TO THE WEBSITE AND/OR THE SERVICES MADE AVAILABLE BY PAGBRASIL OR THIRD PARTIES, EITHER THROUGH SPECIFIC TOOL AVAILABLE FOR SUCH PURPOSES ON OUR WEBSITE, OR SENT BY EMAIL, TEXT MESSAGE, OR POSTED ON SOCIAL NETWORKS, SUCH AS FACEBOOK, TWITTER, INSTAGRAM, YOUTUBE AND OTHERS. THE MERCHANTS ALSO ACKNOWLEDGE THAT WE WILL BE ABLE TO USE ANY OF THE ABOVEMENTIONED STATEMENTS, TESTIMONIALS OR COMMENTS IN ASSOCIATION WITH YOUR FULL NAME AND PHOTO OF PROFILE OF SOCIAL NETWORKS OR SENT TO THE WEBSITE.
10.2. We may, at our sole discretion, cancel any account and remove any service or content made available on the Website, at any time and for any reason, without creating any right of indemnity to the Merchant.
11.1. You agree that your remedy for any problems or dissatisfaction with the Services is to uninstall the application and discontinue your use of the Services
11.2. PagBrasil, its representatives, partners, employees, agents, officers, subsidiaries, affiliates, successors, assignees, suppliers or licensors, to the extent permitted by law, will not be liable for any losses and damages, of any nature (including direct, punitive damages or loss of profits), under any circumstances, arising from the use or inability to use the Services. The Website is made available to the Merchant based on the conditions established herein, taking into account the economic parameters of the Website. If PagBrasil is held liable for any acts, the Parties agree that any possible PagBrasil’s indemnity will be limited to the amount paid by the Merchant in the twelve (12) months preceding the third-party claim, whichever is greater. Any change in the type of liability may generate an economic imbalance in the Services within the scope of this Website.
11.3. PagBrasil shall have no liability for any loss or damage incurred as a result of any incomplete or incorrect information provided by the Merchant or by third parties, as well as for any loss resulting from signal failure by cell phone operators, failure in Wi-Fi connections or similar factors that prevent the use of the Website.
11.4. PagBrasil shall not be liable for:
(i) false, misleading/wrong or outdated information provided by the Merchant;
(ii) any decision made by the Merchant based on information available through the Website;
(iii) any services and/or products offered by third parties, including PagBrasil’s business partners;
(iv) for damages caused by any content containing virus or any other code, file or computer software with the intent of interrupting, destroying or limiting the functionality of any software, hardware or equipment; or
(v) fraud, simulation and fraudulent misrepresentation on the part the Merchant either during the registration process or when using the Website.
12.2. You also agree to exempt and indemnify, defend and hold harmless PagBrasil and its respective officers, agents, partners and employees from and against any loss, liability, lawsuit or claim, including attorney’s fees, due or arising from failures in the equipment of the Merchant, as well as the misuse of information or materials on the Website.
13. ADDITIONAL REPRESENTATIONS OF THE MERCHANT
13.1. You will be responsible for the confidentiality of the information of your account on the Website, including login and password, and you will also be responsible for all activity performed through your account on the Website.
13.2. You represent and warrant that: (i) you are the legitimate owner of the information posted on the Website or have the right to make it available; (ii) the information provided does not violate the privacy, publicity, the Intellectual Property Rights or other rights of any third party; (iii) by providing the information, you do not violate any third party’s confidentiality, non-disclosure or contractual obligations; and (iv) all information provided is true, updated and complete.
14.1. By accepting these Terms, the Merchant authorizes PagBrasil to communicate with it through any electronic means, such as mobile phone, message, email, as well as through the Customer Service (if available), and physical correspondence. It is hereby emphasized that the Merchant principal channel of information is the Website and email.
15. CHANGES TO THESE TERMS
15.2. By accepting the Terms or accessing the Website after an update means that you have accepted the changes to these Terms. IF YOU DO NOT AGREE TO ALL OF THE CHANGED TERMS, YOU MAY NOT USE OR ACCESS THE WEBSITE OR THE SERVICES.
16. GOVERNING LAW AND JURISDICTION
17.2. The titles are for convenience of reference only and shall not define, limit and/or determine the interpretation nor describe the scope or extension of the respective section.