Service Terms - Providers
SERVICE TERMSUpdated: July 14, 2021
Welcome to AMPLITUR!
1. OUR SERVICES
Our services allow the distribution of your products/services for sale to platform users, as well as the dissemination of your products/services through advertising on social media and platforms such as ADwords , in addition to the marketing of products/services through forms of payment and own financing, making the transfer according to the payment policy (in item 20 of these terms). We also provide tools for market management and analysis, such as most accessed packages, best sellers, passenger listings, seat assignments, inventory controls and amounts receivable. Share with us youradvertisements for their products and/or services, as well as their offers and those of their partners, we act as a distribution platform for producers and advertisers (Providers/Suppliers) in the tourism, cultural and entertainment fields.
It is possible to obtain any information about our services and how to use them through our Service Center by forwarding an e-mail to the email address email@example.com .
2. APPLICABLE TERMS
PLEASE READ THIS AGREEMENT CAREFULLY AND MAKE SURE YOU UNDERSTAND THE ADVERTISING. IF YOU DO NOT UNDERSTAND OR DO NOT ACCEPT ANY PART OF THIS DOCUMENT, DO NOT USE THE SERVICE.
3. WHO CAN USE THE SERVICE?
Transport companies (road, air), hotels, insurance companies, producers or suppliers/providers of similar products/services related to travel and artistic-musical entertainment.
Registration and offers can be made by any individual or legal entity. As a natural person, it is essential to be at least 18 years of age to use the registration.
Attention: TICKETS - Only event producers, their official " tickets " and natural or legal persons, who have legal authorization to offer, can register such offers, and other providers are prohibited from offering tickets without proper authorization by the official event holders.
4. YOUR INFORMATION
You must fill in all the information and documents requested through the form available on our website so that, after analysis, with your duly approved registration, you can start using the services offered by the platform.
In order to register your company, you will need to upload some documents such as a social contract, bank receipt (which will be used to credit values) as well as, in some situations, we may request proof of marketing powers.
Each and every registration undergoes an evaluation before releasing the services on our platform.
The Service includes advertisements for packages, products and services in the tourist, cultural and entertainment fields, as well as other allusive products or those related to the services.
By creating a record as a Providers/Suppliers or Affiliate on the AMPLITUR Platform, you will be able to:
1. Sell your services connected to any event in the world;
2. You will be free to inform the platform about new events and will be able to offer your services/products for this new event;
3. Enhance your services with services from other partners, as long as there is mutual interest and authorization.
The Ad is the responsibility of the person or entity that submits the material to the Platform, so we have no obligation to host or serve the Ad. If you find any Ad that you believe violates the law or this Agreement, make a complaint on the platform by sending an email to customer firstname.lastname@example.org .
All ads and offers will undergo platform validation analysis, which will precede publication. If there are any discrepancies, impediments or irregularities, contrary to our guidelines, we will contact you to rectify them before releasing them for sale.
Once the product is released, after the first sale, some fields will be blocked for changes, such as dates, inclusions, exclusions, observations, among others.
If there is a need for any type of change in these fields, please contact our Customer Service Center to request changes, justifying the reasons, through the email address email@example.com .
7. PERMISSIONS AND RESTRICTIONS
Access to and use of the Service is permitted provided you comply with these terms and applicable law.
The following restrictions apply to your use of the Service. Not allowed:
1. Access the consumer through direct contact in order to offer a lower value than advertised, using the platform only as an offer showcase. The penalty when verified this practice will be the ban from the platform .
2. any change in the characteristics of the Ad, after sales conversion, must be requested to customer firstname.lastname@example.org with the proper description and justification for the change, so that the customer does not have any prejudice in the provision of the service or product.
3. circumvent, disable, defraud or interfere with any part of the Service (or attempt to perform such actions), including security-related features or features that (a) prevent or restrict the copying or other use of the Ad or (b) limit the use of the Service or Advertisement;
4. collect any personally identifiable information (eg, usernames), unless permitted by the user in question or if authorized in section (3) above;
5. use the Service to distribute unsolicited promotional or commercial Advertisement or other unwanted or bulk solicitations;
6. improperly use any complaint, signaling, complaint, dispute or contestation process, including sending unfounded, vexatious or frivolous arguments;
Using the Service does not grant you ownership or rights in any aspect of the Service.
9. SERVICE CHANGES
10. RIGHTS GRANTED BY YOU
You retain ownership rights to your Ad. However, it is necessary for you to grant certain rights to the Platform and other users of the Service, as described below.
License for AMPLITUR
By submitting Advertisement to the Service, you grant the AMPLITUR Platform a worldwide, non-exclusive, royalty - free , sublicensable and transferable license to use such Advertisement (including to reproduce, distribute, display and perform) in relation to the Service and the business of the AMPLITUR Platform and its successors and Affiliates, including for purposes of promoting and redistributing part or all of the Service.
License for other users
You also grant other users of the Service a worldwide, non-exclusive, royalty-free license to access your Ad through the Service and to use that Ad, including to reproduce, distribute, as made possible by a feature of the Service (such as reproduction or embedding of video). For clarity, this license does not grant any rights or permission for a user to use your Ad independently of the Service.
12. REMOVAL OF YOUR ADVERTISING
Ad removal by AMPLITUR
If we understand that your Ad violates these terms of service, any of the platform's rules and guidelines, or may cause damage to the AMPLITUR Platform, our users or third parties, we may remove or delete the Ad at our own discretion.
In cases of removal or deletion, as mentioned above, we will send a notification specifying the reasons for our action, unless we believe that:
1. it would violate the law or the request of a legal authority, or could generate legal responsibility for the AMPLITUR Platform, or our Affiliates;
2. would harm an investigation or the integrity/operation of the Service; or
3. would harm any user, another third party, the AMPLITUR Platform or our Affiliates.
Learn more about whistleblowing and policy enforcement, including how to file a dispute, by sending an email with your queries to customer email@example.com .
14. COPYRIGHT PROTECTION
15. CANCELLATIONS, TERMINATIONS AND SUSPENSIONS
Account termination made by you
You may only close the account after completing all outstanding services. Once the services are completed, if you are interested in canceling your account, you must send an email to our Customer Service requesting the deletion.
Once requested to delete, you will lose access to the history of services provided, as well as the generated reports, with no possibility of recovery.
If there is an interest in reactivating your account, the entire process must be done from the beginning, with the filling out of a new registration and sending the documents requested by the platform.
Account Terminations and Suspensions by AMPLITUR for just cause
AMPLITUR may suspend or terminate your access to all or part of the Service if:
1. you violate this Agreement in a significant or repeated manner;
2. we are obligated to do so to comply with a legal requirement or a warrant; or
3. we believe that there was conduct that creates (or could create) liability or damage to any user, third parties, AMPLITUR or our Affiliates.
Terminations by AMPLITUR for service changes
AMPLITUR may terminate your access to all or part of the Service if we believe, in our sole discretion, that providing the Service to you is no longer commercially viable.
Notice of Termination or Suspension
We will send you a notice specifying the reason for termination or suspension, unless we believe this:
1. would violate the law or the request of a legal authority or could create legal liability for AMPLITUR or our Affiliates;
2. would impair an investigation or the integrity or operation of the Service; or
3. would harm any user, other third party, AMPLITUR or our Affiliates. In cases where AMPLITUR needs to terminate your access for changes to the Service, you will have sufficient time to export the Service Announcement, whenever reasonably possible;
Cancellation by the Customer
If there is a request for cancellation of the purchase by the customer, having their rights assured, we agree that:
1. If the withdrawal takes place within 07 days AFTER the purchase, there will be no penalty for the customer;
2. If cancellation is requested within 30 days BEFORE the provision of the service, you will receive 10% (ten percent) of the value of the transfer as indemnity;
3. If cancellation is requested between 29 and 08 days BEFORE the service is provided, you will receive 20% (twenty percent) of the transfer value as indemnity.
4. If cancellation is requested within 07 days, or less, of service provision, you will receive 80% (eighty percent) of the transfer value as indemnity.
Effect of Account Suspension or Termination
If your Account is terminated or its access to the Service is restricted, and you believe that your Account has been terminated in error, please send an email to our Customer Service , customer firstname.lastname@example.org .
16. OTHER LEGAL TERMS
EXCEPT as expressly established in this contract or if required by law, the service is provided "as is", and AMPLITUR makes no specific commitment or guarantee in relation to it, including regarding:
a) The service provided through the advertisement;
b) The specific features of the service, the accuracy, reliability and availability of the advertisement or the ability to meet your needs; or
c) Availability in the service of the advertisement sent by you.
17. USER RESPONSIBILITY
It is your sole responsibility to deliver and/or provide the service in full, as advertised.
You undertake, within 10 days before service delivery , to provide a voucher with the following information: means of contact, how the service and product will be served, delivered or provided to the end customer.
In case of impossibility of fulfillment/provision/delivery of the service or product offered, you must inform within 16 days before the provision of the service , being aware that in the case of having to transfer the service to other Providers/Suppliers that cover the offer , any difference will be charged/deducted from the Providers/Suppliers that generated the problem.
18. LIMITATION OF LIABILITY AMPLITUR
EXCEPT as required by applicable law, AMPLITUR, its affiliates, officers, directors, employees and agents shall not be liable for lost profits, revenues, business opportunities, goodwill or anticipated savings; data loss or corruption; indirect or consequential loss; punitive damages caused by:
1. Errors, failures or inaccuracies in the service;
2. Personal injury or damage to property resulting from your use of the Service;
3. Any unauthorized access or use of the Service;
4. Any interruption or termination of the service;
5. Viruses or malicious code transmitted by any third party to or through the Service;
6. Any advertisement sent by AMPLITUR or by a user, including your use of the advertisement; and/or
7. Removal or unavailability of any advertisements.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER IT IS BASED ON A WARRANTY, CONTRACT, TORT REMEDY, OR ANY OTHER LEGAL GROUNDS.
THE ENTIRE LIABILITY OF AMPLITUR AND ITS AFFILIATES FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO :
1. Transfer the agreed amounts within 15 hours after completion of the service provision;
2. Provide means/channels of communication between customer and supplier via platform to answer questions and other important information for the execution/provision of service;
3. Provide financial report of amounts receivable and payment data;
4. Provide primary details of the buyer customer such as (full name, RG number, passport, cell phone for contact) within 07 days after confirmation of purchase;
After your account has been approved, you can start registering the services and products you want to advertise on the platform, at which time you must inform the intended amount for each advertised product or service, that is, the Net amount to be transferred per sale.
All values in the advertisements will be increased by an “X” value, this value being the remuneration for the service provided through the platform.
You will receive the amounts established by mutual agreement in the registered account, in the chosen currency, within a maximum period of 15 days after the completion of the provision of the service .
If there is any type of complaint regarding the provision of the service by consumers, this will be investigated. After verifying the existence of a problem, a compensatory penalty will be applied in the amount of 30% (thirty percent) to 100% (one hundred percent) of the amount to be received (transfer value), related to the customer in question depending on the extent of the damage provided that duly proven.
To the extent permitted by applicable law, you agree to protect, indemnify and hold harmless AMPLITUR, its Affiliates, officers, directors, employees and agents against any and all claims, damages, obligations, losses, liabilities, costs, debts or expenses (including , among others, attorney's fees) arising from:
1. your use of and access to the Service;
2. your breach of any term of this Agreement;
3. your violation of any third party right, including but not limited to any copyright, property or privacy right; or
4. any claim that your Ad has caused harm to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service;
21. THIRD PARTY LINKS
22. ABOUT THIS AGREEMENT
Modification of this contract
We may modify these terms in some cases, for example to reflect changes to our Service or for legal, regulatory or security reasons. The AMPLITUR Platform will send a notice with reasonable notice in
regarding any material modifications to this Agreement so that you have the opportunity to review them. However, changes related to new features of the Service or made for legal reasons may take effect immediately without notice. Modifications to this Agreement will apply only from that time forward. If you do not agree with the amended terms, please remove any Ads you have uploaded and stop using the Service.
23. INDEPENDENCE OF PROVISIONS
If a specific provision of these terms does not apply for any reason, it will not affect the other terms.
23. ABSENCE OF WAIVER
The absence of immediate actions by the AMPLITUR Platform in the event of a violation of these terms by the user does not mean a waiver of our rights, such as the right to take measures in the future.
24. CURRENT LEGISLATION AND JURISDICTION
All legal actions arising out of or related to these terms or the Service will be governed by Brazilian law, except with respect to its rules on conflict of laws, and will be litigated exclusively in the District of Curitiba-PR/Brasil.