Terminos de uso

BOACOMPRA S.A., with principal place of business in the City of Maringa, State of Paraná, Brazil, at Av. Itororó, 1035, suite 2, Zone 2, Centro, registered with CNPJ/MF (Brazilian Ministry of Finance’s Corporate Taxpayer Registry) under number 06.375.668/0001-08, and a subsidiary in the city of São Paulo, State of São Paulo, at Av. Brigadeiro Faria Lima, 1384, 1st floor, ZIP Code 01451-001, registered with CNPJ/MF under number 06.375.668/0001-08 hereinafter referred to simply as “BOACOMPRA”, and the INDIVIDUAL or LEGAL ENTITY identified in the registration of the electronic database of BOACOMPRA, hereinafter simply referred to as “CLIENT”, hereby enter into this Agreement, which shall be governed by the terms and conditions below, as well as by compliance with BOACOMPRA SAFETY AND PRIVACY POLICY, with access through the link www.boacompra.com/policy.

  1. DEFINITION
    1. The following words and terms, when capitalized in this agreement, shall have the following meanings:
      1. Account: this is the account that will be generated and managed on the Page of BOACOMPRA, under the provisions of Clause 3 below.
      2. Content: includes all Games, Products, software, communications, marketing, pictures, sounds and other materials published on the Website.
      3. Gold Credit, or simply “Gold”: this is the virtual currency used on the Website for you to purchase Products.
      4. Games: means all electronic games licensed by third parties to BOACOMPRA, which can be bought by their users through BOACOMPRA payment management service.
      5. Payment: payment shall mean the acquisition of Gold Credit or Products or articles related to Products, in the following ways: (i) bank-issued invoice, for deposit in a bank account held by BOACOMPRA; (ii) a valid credit card issued by a card brand accepted by BOACOMPRA, owned by the CLIENT; (iii) by way of Deposit or Wire Transfers made in accordance with the instructions available on the website of BOACOMPRA, which can be changed at the sole discretion of BOACOMPRA; and (iv) by any other means of payment accepted and provided by BOACOMPRA, including, but not limited to, PAGSEGURO, among others, where users may pay by using the various options of credit cards, as well as funds from account; (v) through redemption of Gold Credits, by using Pin Codes, used according to the specifications set forth by means of the corresponding payment. The methods of payment accepted may be subject to limitations as provided in this Agreement.
      6. Partner: legal entity or individual that holds title to and/or rights of publication and/or operation of the Products;
      7. Pin Code: means a unique personal identification number, which will be pre-activated and can be used for redemption of Gold Credit for the acquisition of goods or services in Products directly from BOACOMPRA or through the Partner, and may be used, also, in some other means of payment accepted by BOACOMPRA. Each Pin Code is unique and shall be used in accordance with specific standards.
      8. Privacy Policy: this is the privacy policy stated at the beginning of these Terms of Use.
      9. Products: means the Games, virtual goods and services provided by them, software and applications marketed by the Partners and that can be bought by you through this Website.
      10. Service Log: file where BOACOMPRA records the Gold Credits of a User of its services and its transfers. The Service Log can also be designated by the name “Account” in the user registration forms that BOACOMPRA makes available on the Internet.
      11. Service: shall have the meaning given by Clause 2.1. below.
      12. User: the user of the Services of BOACOMPRA who has registered with BOACOMPRA by completing and submitting to BOACOMPRA the registration form which is at www.boacompra.com.
      13. Website: is the web page to be accessed by the User to buy the Gold Credits, located at URL www.myaccount.boacompra.com/sign-up.
  2. PURPOSE
    1. BOACOMPRA, by itself or through a company hired by it or associated with it in any way, for which it takes responsibility, shall provide the CLIENT with, through digital means of information transmission, its brokerage service through payments, enabling the purchase and use, by the CLIENT, of products and services offered on the website and/or in the Products, which can be directly accessed by Users or redirected from the BOACOMPRA Website (“Service”).
  3. PRIVATE LOGIN AND PASSWORD
    1. The CLIENT will assign a name (“Login”), which may be its own name or a made-up name, a private secret password and a personal email, which will work as its ID and access key to use the Account within BOACOMPRA. The Login and password can also be used for the User’s access to the UOL portal, a company of the BOACOMPRA group, as well as to use Gold Credits and access the Go4gold program offered by BOACOMPRA.
      1. The private passwords shall be the full and exclusive responsibility of the CLIENT, which is why they may be amended at any time by the CLIENT. The CLIENT shall be responsible for the safekeeping of private passwords in strict secrecy, henceforth exempting BOACOMPRA from any responsibility for misuse of those passwords by third parties who have access to them as a result of action or omission of the CLIENT.
    2. Logins that make any reference, in whole or in part, to BOACOMPRA, to Universo Online (“UOL”), and/or to the product names thereof, without prejudice to the above, shall not be accepted, and may be canceled at any time and regardless of prior notice, although the chosen Login also represents the initials or any combination of the name of the CLIENT.
    3. The CLIENT shall properly choose the Login, as defined in clause 3.1 above, aware that the CLIENT may not register a name that disregards the laws in force, which induces others to mistake, which violates the rights of others, which represents predefined concepts in the World Wide Web (“Internet”), which is profanity or abusive, which symbolizes acronyms of States, Ministries, among other prohibitions, it being understood that the CLIENT shall be liable for misuse, if any, both civilly and criminally.
    4. The Login and private password are nontransferable and may not be subjected to any type of marketing or assignment of use, where the CLIENT shall take full and exclusive responsibility, without any joint and several liability with BOACOMPRA.
    5. In case of misuse of the Login and/or privacy password, by the CLIENT or third parties, BOACOMPRA may terminate this Agreement, regardless of prior notice, without the CLIENT or third parties being entitled to any compensation or reimbursement.
  4. REGISTRY INFORMATION
    1. The CLIENT shall inform BOACOMPRA of all the necessary data for registration, pledging to provide true, accurate, current and complete information about itself, at the time of registration, and shall be responsible civilly and criminally for this information.
      1. The CLIENT represents to be aware that the use of false, invalid, incorrect or third party data with or without their consent is under its full responsibility, and that it could result, in all cases, in the IMMEDIATE CANCELLATION OF THE ACCOUNT, WITHOUT PRIOR NOTIFICATION, and, further, characterize the practice of tort, being subject to the penalties provided by law.
    2. The CLIENT expressly authorizes the registration referred to in clause 4.1. to be made and maintained by BOACOMPRA, and authorizes BOACOMPRA to provide the information contained in such registration: (i) to the relevant government authorities which may formally request them, or as otherwise authorized pursuant to Law 12965/2014 (“Civil Rights Framework for Internet Use”), the Brazilian Federal Constitution and other applicable laws; (ii) the bodies of domain name registration; and (iii) their strategic, commercial and technical partners, in order to offer better conditions of Services to the CLIENT. Furthermore, THE CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT BOACOMPRA MAY COLLECT INFORMATION FOR TRAFFIC MONITORING, IN ORDER TO IDENTIFY USER PROFILE GROUPS AND FOR ADVERTISING GUIDANCE.
    3. The CLIENT shall inform BOACOMPRA whenever changes are made to registration information, including, but not limited to, any change to address, as well as changes in telephone numbers, emails or name of contact person, which should be informed through any of the means provided by BOACOMPRA for customer service.
  5. CONDITIONS OF SERVICE PROVISION
    1. To access the Service, the CLIENT shall have the necessary equipment, including, but not limited to: a computer connected to the Internet; Internet connection provider; software, among others. The CLIENT is solely responsible for obtaining, maintaining and costing of the equipment mentioned in this Clause 5.1.,
      1. as well as for making sure that the setting of such equipment actually meets all the requirements for the proper enjoyment of the Service. The CLIENT shall be solely responsible for any damage that its equipment may suffer as a result of misuse of any hardware, software, connections, etc.
    2. Given the INABILITY TO UNINTERRUPTEDLY AND COMPREHENSIVELY OPERATE ANY TELECOMMUNICATIONS OR COMPUTER SYSTEM, three hundred sixty-five (365) days a year, twenty-four (24) hours per day, where this fragile situation also includes, because of its complexity, the availability of the Service, including by reason of reliance on telecommunications services provided by third parties, BOACOMPRA DOES NOT GUARANTEE, IN ANY WAY, THE PROVISION OF SERVICE UNINTERRUPTEDLY OR ERROR-FREE, and DOES NOT TAKE RESPONSIBILITY FOR THE IMPOSSIBILITY OF MAKING E-COMMERCE TRANSACTIONS OR OTHER TRANSACTIONS DURING THE PERIOD OF SERVICE UNAVAILABILITY.
    3. The CLIENT represents to be aware that the Service is not, is not intended to, and does not equate to, financial services offered by banks or credit card administrators, consisting only of a payment management system, which payment arises from E-Commerce Transactions, for and on behalf of the CLIENT, or in cases of mere supply of games and/or other services, even when free of charge.
  6. CONDUCTS AND OBLIGATIONS OF THE CLIENT
    1. In addition to the obligations contained in this Agreement, the Client agrees to the conducts and obligations under this Clause 6.
    2. Make, when due, the payment of the amounts of the contracted Services.
    3. Manage, on an exclusive basis, and without any joint and several liability with BOACOMPRA, the Login and the respective private password, taking full responsibility for any use thereof, as well as for actions taken through them, including, but not limited to, economic charges resulting from such use, particularly with respect to data loss, virus contamination, network intrusion, data or information theft, sending offensive emails and/or nuisance to other Internet users and other conducts that would harm other users and/or systems connected to the Internet, as well as any other actions that are at odds with the current legislation.
    4. Refrain from using the product(s), content(s), service(s) and/or license(s) of BOACOMPRA to: (i) breach the law, morals, good customs, intellectual property, rights to honor, privacy, image, personal and family privacy; (ii) encourage the practice of illegal conducts or contrary to morals and good customs; (iii) incite the commission of discriminatory acts, whether on grounds of sex, race, religion, beliefs, age or any other condition; (iv) make available or provide access to messages, products, or illegal, violent or degrading services; (v) send group messages by email (SPAM) to user groups of this or any other provider, offering products or services of any kind, whether own or third-party products, that are not of interest to the recipients or that do not have the express consent thereof; (vi) induce an unacceptable state of anxiety or fear; (vii) induce or incite dangerous, risky or harmful practices to health and mental balance; (viii) disseminate false, ambiguous, inaccurate, exaggerated or extemporaneous content, so that it can be misleading about its subject matter or the intentions or purposes of the speaker; (ix) breach the confidentiality of communications; (x) constitute unlawful, unfair or deceptive advertising in general, constituting unfair competition; (xi) convey, incite or encourage pedophilia; (xii) incorporate viruses or other physical or electronic elements that may damage or prevent the normal operation of the network, system or computer equipment (hardware and software) of third parties or that may damage the electronic documents and files stored in such equipment; (xiii) obtain or attempt to gain unauthorized access to other computer systems or networks; (xiv) reproduce, sell and distribute products without permission and payment of royalties.
    5. The CLIENT accepts full and exclusive liability, including, but not limited to, administrative, copyright, electoral, civil and criminal liabilities, for all data, use of the Services, as well as for the content that may be made available on the Internet, and must answer for all damages caused by misuse of the Services contracted. Should BOACOMPRA be compelled to be part of any judicial or administrative proceeding relating to the liability presently assumed by the CLIENT, the CLIENT shall hereby be obliged to reimburse BOACOMPRA for the legal and financial burden that BOACOMPRA may incur, without prejudice to any losses and damages.
    6. Not transmit through the network, internally and/or externally, any program or application that is illegal, malicious or threatening, including virus, worm or SPAM, or any other of a similar nature that BOACOMPRA, in its sole discretion, may find and understand to be at odds with its internal politics, UNDER PENALTY OF IMMEDIATE SUSPENSION AND/OR TERMINATION, WITHOUT PRIOR NOTICE. The CLIENT declares to be aware of the Anti-Spam Policy of BOACOMPRA available on the website www.boacompra.com.
  7. OBLIGATIONS OF BOACOMPRA
    1. In addition to the obligations contained in this Agreement, BOACOMPRA agrees to provide the contents, Services, products and/or licenses in accordance with what was purchased by the CLIENT, and they may possibly be interrupted or suspended because of: (i) technical/operational maintenance; (ii) unforeseeable circumstances or force majeure; (iii) actions by third parties that prevent the use of the Services; and (iv) lack of supply of electricity for long periods of time (“blackout”).
  8. SUPPORT AND SERVICE TO THE CLIENT
    1. The technical and operational support to the Service shall be made directly by BOACOMPRA or a third party hired by it, under its responsibility. Phone support will be provided through the telephone numbers listed in the electronic address www.boacompra.com/contact without the right to use a toll-free phone system, where the CLIENT shall assume the full cost of local and long distance calls. The support service, delivered by email or online service (“Online Chat”), will be free of charge.
  9. RESPONSIBILITY FOR CONTENT
    1. The CLIENT assumes exclusively, without restriction or reservation, all liens and liabilities arising from its acts and its conduct as a user of the Internet network, being responsible for the misuse of the Services contracted herein or made available by BOACOMPRA, and, especially, the responsibility for the acts, damages and losses that may result from failure to comply with the obligations assumed in Clause 6.
      1. BOACOMPRA does not control the content transmitted, disseminated or made available to third parties by the CLIENT in the use of the Services herein contracted. However, if BOACOMPRA were to detect or be notified of any conduct and/or method of the CLIENT that contravenes the provisions of this Agreement, BOACOMPRA, in its sole discretion, shall SUSPEND AND/OR CANCEL THE PLAN CONTRACTED IMMEDIATELY.
  10. ACCEPTANCE OF RECEIVING MESSAGES
    1. The CLIENT expressly agrees that BOACOMPRA and/or any of its Partners send e-mails to the CLIENT for information purposes relating to specific communications regarding the Service, as well as other emails of a commercial nature, such as offers from Partners of BOACOMPRA and news on the website. Should the CLIENT no longer wish to receive such messages, the CLIENT may request the cancellation thereof, through the address www.boacompra.comto request the respective cancellation or by clicking the space available on the message sent by BOACOMPRA.
  11. DURATION AND CANCELLATION
    1. This instrument shall be valid indefinitely, subject to the rules set out in this Clause Eleven.
    2. BOACOMPRA may terminate this Agreement, at any time, during the term of the Agreement, subject to prior notification in writing addressed to the CLIENT.
    3. The CLIENT, at any time, may voice its disinterest for the Services contracted herein, and request cancellation through the Customer Service of BOACOMPRA via the link [http://www.boacompra.com/shop/info.php?contact], as provided in Clause 8 of this Agreement.
    4. This Agreement may be terminated immediately, by operation of law, regardless of any judicial or extrajudicial notice for breach of any provision of this Agreement, by either party, to prevent the continuance of the purpose of this Agreement.
    5. Failure to operate the Account does not imply automatic cancellation of this Agreement, where the CLIENT shall therefore be subject to regular billing of the Services, if any, and the possible consequences of non-payment.
  12. MEANS OF PAYMENT
    1. If the CLIENT chooses to make the payment through automatic redirection to the website PagSeguro or other means of payment authorized by BOACOMPRA, the provision of information will take place according to the requirements of such websites, which may include, for example, data from Service Log, login, password and personal data.
      1. If BOACOMPRA shall deem necessary to ensure total safety of the CLIENT and of BOACOMPRA, it may come into direct contact with the CLIENT to verify the information of the transaction made by the CLIENT.
    2. After confirming receipt of the information, as well as conformity of the intended e-commerce transaction, the means of payment authorized by BOACOMPRA will communicate the approval to BOACOMPRA. Upon receipt of approval, BOACOMPRA will release the product(s) and/or service(s) purchased.
    3. If the CLIENT is unable to have access to the product(s) and/or service(s) purchased, or, having access, they are provided with flows or incomplete, the CLIENT shall inform BOACOMPRA immediately, through the mechanisms available at www.boacompra.com
    4. The CLIENT acknowledges that, in case of purchase of product(s) and/or service(s) provided through BOACOMPRA, either directly or through redirection, BOACOMPRA only provides its products and services to merely facilitate and monitor their purchase by the CLIENT. The CLIENT further acknowledges that BOACOMPRA is not part of the supply or consumer chain of the products or services purchased by the CLIENT, and cannot be regarded as a supplier, provider, reseller, purchaser or user of the products or services under the e-commerce transactions, nor shall it be deemed as an agent, broker or any other intermediary in the relationship between the CLIENT and the developer of the Games or Product holder. Especially, the CLIENT acknowledges that BOACOMPRA has no liability as to:
      1. risks, including potential dangers or hazards, defects, whether quality or quantity defects of products or services under the e-commerce transactions of the CLIENT;
      2. insufficiency or inadequacy of the information concerning products or services under the e-commerce transactions of the CLIENT, provided by the developers of the Products;
      3. disparities with the particulars given in offerings or advertisements of products or services under the e-commerce transactions of the client;
      4. the inadequacy of the products or services under the e-commerce transactions of the CLIENT to the purposes intended;
      5. misleading or abusive advertising for products and services offered by the developers of the Products;
      6. the breach of contractual or legal obligations of the developers or distributors of the Products; and
      7. any refund, return or amounts of any indemnification payment to the CLIENT on account of complaints related to e-commerce transactions made by the CLIENT, acting only as a mere facilitator if the refund service is offered by the developer/publisher of the Product.
  13. GOLD CREDITS (GO4GOLD)
    1. Without prejudice to other payment options offered by BOACOMPRA you can buy the Products using Gold Credits that you may acquire.
    2. Through an Account, you can recharge it with Gold Credits in any amounts that are multiples of five hundred (500) Golds.
    3. When buying goods and services of the Products with Gold Credits, they will be debited from your account. You can also receive and transfer Gold Credits to third parties, in accordance with the limitations specified in the exchange interface.
    4. Gold Credit can be bought in three different ways: (i) directly from the Website; or (ii) through cards of authorized partners; or (iii) through authorized retailers, in this case the Gold Credits are provided through security codes (also known as e-PIN) to the user.
    5. The CLIENT acknowledges and agrees to the following conditions of use of Gold Credit:
      • The CLIENT may not sell Gold Credit, and its use is restricted to buy goods and services of the Products or transfer among third parties, in accordance with clause 13.3, provided that not for commercialization purposes.
      • The Gold Credit can only be used within the country of purchase. Nonetheless, Users may make transfers of Gold between different countries, aware that, to use Gold as credit for purchases and services offered by BOACOMPRA, they will be restricted to the country of origin of the respective Gold.
    6. Under no circumstances shall BOACOMPRA pay directly to the CLIENT, in cash, the amount equivalent to the credits available in the Service Log.
  14. MISCELLANEOUS
    1. This Agreement is entered into on an irrevocable basis, binding the parties and their heirs and successors, in any capacity.
    2. The parents or guardians of an underage CLIENT, as the case may be, shall be liable for acts committed by the CLIENT in the use of the Services under this Agreement, among which any damage to third parties, practices of acts prohibited by law and by the provisions Agreement.
    3. The failure of either Party to require performance, totally or partially, of any of the Clauses and provisions of the Agreement, once or repeatedly, shall be construed as mere liberality, not resulting in novation, waiver, dation, transaction, remission and/or offset or, further, nor shall it deprive the other party’s right to require strict compliance with contractual obligations, at any time.
    4. This Agreement shall be governed by Brazilian law.
    5. The rights and obligations hereunder shall not be assignable by the CLIENT, under penalty of termination of this Agreement, at no cost to BOACOMPRA. On the other hand, BOACOMPRA may assign this Agreement at any time.
    6. The CLIENT expressly agrees that BOACOMPRA shall send e-mails and text messages (SMS) to the cell phone registered in the database of BOACOMPRA for information and specific communications inherent in the subject matter of this Agreement and/or any Services and Offers offered by BOACOMPRA.
    7. The CLIENT expressly represents and warrants, for all legal purposes:
      • to have the legal capacity to enter into this Agreement;
      • to be financially responsible for the use of the Services contracted AND HAVE FINANCIAL CONDITIONS TO BEAR THE PAYMENTS, COSTS AND EXPENSES ARISING OUT OF THIS AGREEMENT;
      • acknowledge that this Agreement is formalized, as applicable, binding the parties, WITH the verbal acceptance by the CLIENT, WHICH TAKES PLACE BY PHONE CALL TO THE CALL CENTER OF BOACOMPRA or by clicking the AGREE button that appears after the screen of this Agreement; and
      • that has read and is aware and in full accordance with all terms and conditions of this Agreement.
    8. Under the terms of this Agreement, the intermediary services of payment method for games, products and/or services purchased on the website are provided by BOACOMPRA.
    9. BOACOMPRA reserves the right, at its sole discretion and at any time, to modify, add or remove any terms or conditions of this Agreement, informing the CLIENT by email or any other electronic means when the change shall cause restrictions of the conditions initially negotiated. Should the CLIENT not agree, then the CLIENT may cancel the Agreement, at no cost, within thirty (30) days from the date of receipt of the communication.
      1. Similarly, BOACOMPRA reserves the right, at its sole discretion and at any time, to change both in form and in content, discontinue, suspend any of the Services, utility or application, available by itself or by third parties, provided that the CLIENT is notified in advance, via email or any other electronic means, without causing any breach to this Agreement. Should the CLIENT not agree, then the CLIENT may cancel the Agreement, at no cost, within thirty (30) days from the date of receipt of the communication.
    10. By accepting these Terms of Use, the CLIENT becomes aware that BOACOMPRA is a subsidiary of UOL Group and, therefore, BOACOMPRA (including its products, such as Gold Credits) must follow the same rules and guidelines of UOL, including the commitments made between UOL and government agencies, previously existing or that may be signed.
      1. Under the Cooperation Agreement signed between UOL and the Prosecution Office of São Paulo in November 2005, UOL, reiterating the terms of its Privacy and Security Policy and this Agreement, informs that its Products and Services should not be used to transmit, disseminate or promote child pornography, pedophilia, racist material, discriminatory material or any other material that goes against the current Brazilian law.
  15. JURISDICTION
    1. The parties elect the Courts of the Judicial District of São Paulo or the Courts of the Judicial District of domicile of the CLIENT, at the discretion of the plaintiff of any action, as having jurisdiction to resolve any disputes arising under this Agreement, to the exclusion of any other, however privileged it might be or become.