Payment Management Services
2.1.1. Recurring Billing: is the type of payment that will occur in pre-determined periods, automatically and on a recurring basis, for the use of a service or delivery of a product under a subscription model, according to the specifications stipulated and made available to the USER by the Partner of BOACOMPRA, and under the exclusive responsibility of the Partner of BOACOMPRA.
2.1.2. Content: includes all Games, Products, software, communications, marketing, images, sounds, and other materials published on the Partners’ websites.
2.1.3. Gold Credit, or simply “Gold”: this is BOACOMPRA’s virtual currency which, at the sole and exclusive discretion of the Partners, may be used as Payment by the USER to acquire Products.
2.1.4. Games: means all gaming software licensed by the Partners to the USER, which may be purchased through the BOACOMPRA’s payment management service. Each Game has its policy of conduct and internal rules. For any questions regarding the Games, the USER should contact those responsible for the Games.
2.1.5. Store: Partner website, software, or application that enables the USER to purchase the Products.
2.1.6. Payment: means the purchase of Products using the means of payment forms offered by BOACOMPRA and made available by the Partner (at its sole and exclusive discretion), which may include, but are not limited to, bank-issued invoice, credit card, deposit, DOCUMENT (Credit Order Document), electronic transfers, and redemption of Gold Credits. Accepted means of payment may be subject to limitations, as set forth herein.
2.1.7. Partner: a legal entity or individual that owns and/or holds rights to publish and/or explore the Products, and that licenses its use to the USER on a non-exclusive and non-transferable basis, for an unlimited term;
2.1.9. Products: means the Games software, virtual goods, services, and applications licensed by the Partners to the USER, and which may be purchased at the Store.
2.1.10. Service: shall have the meaning attributed thereto in Section 3.1 below.
2.1.12. Website: a web page that can be accessed by the USER in order to receive services related to Payments made, located at [https://boacompra.com/pt-br].
3.1. BOACOMPRA, by itself or through a company contracted by it or in some way associated with it – for which it will be responsible – shall make available to the USER, through digital means of transmission of information, its service of intermediation of means of payments , enabling the acquisition and use, by the USER, of products and services available at the Store and/or in the Products (“Service”).
3.2. The USER declares to be aware that the Service is not, is not intended, and does not equate to the financial services offered by banking institutions or credit card companies, consisting only of a means of payment management, such payment arising from E-Commerce Transactions, at the expense and by order the USER, included in cases of mere supply of games and/or other services, even if for no consideration.
4. SERVICE USE
4.1. The USER must have a valid Individual Taxpayer Registry (CPF/MF) number and e-mail address, informing them to BOACOMPRA in the relevant fields. Such information, with the possible indication of the USER’s date of birth are essential to the performance of Payments through BOACOMPRA. BOACOMPRA is not responsible for the information sent by the USER.
4.1.1. In order to ensure compliance with the current exchange legislation in Brazil, BOACOMPRA reserves the right, at its sole discretion, to set monthly limits for Payments by the USER. In addition, BOACOMPRA may, but will not be required to, monitor the E-Commerce Transactions and disclose any information necessary to meet its legal obligations, protect BOACOMPRA or its Partners, or to provide the Services in an appropriate manner.
4.2. In order to use the Service, the USER is to provide certain information to BOACOMPRA, which may vary depending on the USER’s region, and transaction payment data on the BOACOMPRA link provided by the Partner.
4.3., THE USER AGREES TO BE LIABLE FOR THE PAYMENTS MADE ON HIS/HER BEHALF BY THIRD PARTIES, ALBEIT WITHOUT HIS/HER AUTHORIZATION, IF THOSE THIRD PARTIES HAVE, WITHOUT THE EXCLUSIVE FAULT OF BOACOMPRA, HAD ACCESS TO USER DATA, IN ORDER TO PERFORM ANY PAYMENT ON BEHALF OF THE USER.
5. REGISTRY INFORMATION
5.1. The USER shall inform BOACOMPRA of all necessary data for using the Service, agreeing to provide true, accurate, current and complete information about him/herself, and shall be civilly and criminally liable for such information.
5.1.1. BOACOMPRA RESERVES THE RIGHT TO USE ALL VALID AND POSSIBLE MEANS, IF IT DEEMS NECESSARY, TO CONFIRM THE DATA PROVIDED BY THE USER. BOACOMPRA MAY, AMONG OTHER MEASURES, REQUEST THE USER FOR ADDITIONAL DATA AND/OR DOCUMENTS THAT IT DEEMS PERTINENT, AS WELL AS CONSULT DATABASES MAINTAINED BY THIRD PARTIES AND CREDIT RATING AGENCIES, SUCH AS SPC AND SERASA.
5.1.2. The USER declares to be aware that the use of false, invalid, incorrect data or of third-parties, with or without the USER’s authorization, is entirely his/her responsibility, and may characterize the practice of an unlawful act, subject to the penalties provided by law.
5.2. The USER expressly authorizes BOACOMPRA to provide the information contained in said registry: (i) to the relevant public authorities that formally request them, or otherwise requested pursuant to Law 12,965/2014, Decree 8,771/2016 and amendments thereof (“Internet Civil Framework”), Brazilian Federal Constitution, and other applicable laws; (ii) domain registration bodies; (iii) to its strategic, business, or technical partners, in order to offer better terms of the Services to the USER; and (iv) to the financial institution used for transfer and/or payment of the Service, including, but not limited to, those used for the remittance of currency and the rendering of the Service. In addition, the USER EXPRESSLY DECLARES AND AGREES THAT BOACOMPRA MAY COLLECT INFORMATION TO OVERSEE WEBSITE TRAFFIC, SEEKING TO IDENTIFY USER PROFILE GROUPS AND FOR PUBLICITY INSTRUCTION PURPOSES.
6. SERVICE PROVISION TERMS
6.1. In order to access the Service, the USER must have the necessary equipment, which includes, but is not limited to, an Internet-connected computer, an Internet connection provider, and the applicable software. The USER is solely responsible for obtaining, maintaining, and funding the equipment mentioned in this Section 6.1, as well as for ensuring that the setup of such equipment actually meets all requirements for the proper enjoyment of the Service. The USER will be solely responsible for any damages that his/her equipment may suffer as a result of the misuse of any hardware, software, connections, among others.
6.2. Considering the IMPOSSIBILITY OF HAVING FULL AND UNINTERRUPTED OPERATION OF ANY TELECOMMUNICATION OR COMPUTER SYSTEM FOR 365 (three hundred and sixty-five) days per year and 24 (twenty-four) hours per day, which includes the availability of the Service (which depends on telecommunications services provided by third parties), BOACOMPRA DOES NOT WARRANT IN ANY WAY THE PROVISION OF THE UNINTERRUPTED OR ERROR-FREE SERVICES, AND WILL NOT BE LIABLE FOR THE INABILITY TO PERFORM E-COMMERCE TRANSACTIONS OR OPERATIONS DURING THE PERIODS OF SERVICE UNAVAILABILITY; OR FOR ANY FAILURE TO TRANSMIT ANY DATA OR INFORMATION RELATED TO THE SERVICES.
6.5. BOACOMPRA is not liable for any loss or damage caused by the irregular use of the Services, and is exempt of liability in the event of acts of God or events of force majeure.
7. USER’s CONDUCT AND OBLIGATIONS
7.1.1. on the due date, pay the amounts related to the contracted Services;
7.1.2. manage, on an exclusive basis and without any joint and several liable with BOACOMPRA, actions performed on the User’s behalf, including, but not limited to, the economic charges resulting from such use, mainly with regard to loss of data, virus contamination, network invasion, theft of data or information, the sending of offensive and/or inconvenient electronic messages to other Internet users, and other conduct that may harm other users and/or systems connected to the Internet, as well as any other actions that are in disagreement with the current legislation;
7.1.3. refrain from the use of Product(s), Content(s), Game(s), Service(s) and/or license(s) of the Partner and/or of BOACOMPRA, in order to: (i) violate the law, morals and good conduct, intellectual property, rights to honor, privacy, image, personal and family privacy; (ii) encourage the practice of illegal conducts or contrary to morals and good conduct; (iii) instigate the practice of discriminatory acts, whether due to sex, race, religion, beliefs, age, or any other condition; (iv) make available or enable the access to violent, degrading or illegal message, products or services; (v) send group messages by email (SPAM) to user groups thereof or of any other provider, offering products or services of any kind, whether their own or of third-parties, 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 one’s health and mental balance; (viii) disseminate false, ambiguous, inaccurate, exaggerated, or extemporaneous content, so as to be misleading regarding its subject matter or the intentions or purposes of the reporting party; (ix) breach the confidentiality of communications; (x) constitute unlawful, misleading, or unfair advertising, in general, constituting unfair competition; (xi) circulate, incite, or encourage pedophilia; (xii) incorporate viruses or other physical or electronic elements that may damage or prevent the regular 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 said equipment; (xiii) obtain or attempt to gain unauthorized access to other computer systems or networks; and (xiv) reproduce, sell, and distribute products without the due permission and payment of copyright.
7.1.4. not transmit through the internal and/or external network, any program or application that is illegal, malicious, or threatening, including virus, worms or SPAMS, or any other of a similar nature that BOACOMPRA, at its sole discretion, may verify and deem to be in disagreement with its internal policy, UNDER PENALTY OF IMMEDIATE SUSPENSION AND/OR TERMINATION, WITHOUT PRIOR NOTICE.
7.2. The USER fully assumes, full and exclusive liability, including, but not limited to, administrative, copyright, electoral, civil and criminal liability, for all data that he/she provides to BOACOMPRA for use of the Services, as well as for the content that the USER may make available on the Internet, and shall be liable for all damage and losses caused by the misuse of the contracted Services. Should BOACOMPRA be compelled to be a party to any judicial or administrative proceeding related to the liability assumed by the USER herein, the USER shall reimburse BOACOMPRA for any legal and financial charges that BOACOMPRA may incur, notwithstanding any losses and damage.
8. BOACOMPRA’S OBLIGATIONS
9. USER SUPPORT AND SERVICE
9.1. Technical and operational support to the Service will be carried out directly by BOACOMPRA or by a third party contracted by the latter, under its responsibility. Support service will be provided via e-mail or online help (“chat online”), available at [https://customer.boacompra.com]. If available, telephone support will be provided through the telephone numbers listed at the electronic address [https://customer.boacompra.com], granting no right to the use of a free telephone system, and the USER shall fully assume the costs of the local and long distance calls. E-mail or Online Chat support will be free, and the USER must obtain the terms of access by him/herself.
10. RESPONSIBILITY FOR CONTENT
10.1. The USER exclusively assumes, without restriction or reservation, all burden and liabilities arising from his/her acts and conduct as an Internet user, and shall be liable for the misuse of the Services contracted herein or made available by BOACOMPRA and, especially, the liability for acts, damage, and losses that may result from failure to comply with the obligations assumed in Section 7.
11. ACCEPTANCE TO RECEIVE MESSAGES
11.1. THE USER EXPRESSLY AGREES THAT BOACOMPRA AND/OR ANY OF ITS PARTNERS MAY SEND THE USER E-MAIL MESSAGES OF INFORMATIVE AND BUSINESS NATURE, RELATIVE TO SPECIFIC NOTICES REGARDING THE SERVICE, OFFER OF BOACOMPRA PARTNERS, AND WEBSITE NEWS. IN CASE THE USER NO LONGER WISHES TO RECEIVE SUCH MESSAGES, HE/SHE MAY REQUEST THE CANCELLATION THEREOF THROUGH TOOLS AVAILABLE IN THE MESSAGE RECEIVED.
12. TERM AND CANCELLATION
12.1. This instrument shall be valid for an unlimited term, subject to the rules provided for in this Section 12.
12.3. To request the cancellation of the purchase of any Product, the USER must contact the Store directly, which will analyze and process the USER’s request, BOACOMPRA acting only as an intermediary, making any chargebacks. If there is any problem related to the means of payment – and not with the Product or the Store itself – the USER may contact BOACOMPRA through the link [http://www.boacompra.com/shop/info.php?contact] as provided for in Section 9 hereof.
13. MEANS OF PAYMENT
13.1. If the USER chooses to make the payment through automatic redirection to the PagSeguro website or other means of payment authorized by BOACOMPRA, the information will be provided according to the requirements of such websites, which may include, for instance, data from its Registry of Service/Account with PagSeguro, login, password and personal data.
13.1.1. BOACOMPRA, should it deem necessary to ensure the complete security of the USER and BOACOMPRA, may contact the USER directly in order to confirm the information of the transaction performed by the USER.
13.2. Upon confirmation of receipt of the information, as well as the compliance of the E-Commerce Transaction, the means of payment authorized by BOACOMPRA shall notify BOACOMPRA of the approval. Upon receipt of approval, BOACOMPRA will release the Product(s) and/or Game(s) and/or Content and/or Service(s) purchased.
13.3. In case the USER is unable to access the Product(s) and/or Game(s) and/or Content acquired, or, upon access, the latter is provided with failures or in an incomplete way, the USER shall immediately inform BOACOMPRA, through the mechanisms available at [https://go4gold.uol.com.br/pt-br/contato].
13.4. The USER declares to be aware that, in the case of purchase of Product(s) and/or Game(s) and/or Content and/or Service(s) made available through BOACOMPRA, whether directly or through redirection, BOACOMPRA only disposes its products and services in a way to merely facilitate and oversee the USER’s purchase of the Product(s) and/or Game(s) and/or Content. In particular, the USER acknowledges that BOACOMPRA has no liability for the following:
13.4.1. the risks, including potential harm or danger, defects, whether they are defects of quality or quantity of the Product(s) and/or Game(s) and/or Content and/or Service(s) subject matter of the USER’s E-Commerce Transactions;
13.4.2. the inadequacy or inadequacy of the Product(s) and/or Game(s) and/or Content and/or Service(s) subject matter of the information USER’s E-Commerce Transactions, provided by the developers of the Products;
13.4.3. disparities with the constant indications in offers or advertising messages of the Product(s) and/or Game(s) and/or Content and/or Service(s) subject matter of the information USER’s E-Commerce Transactions;
13.4.4. inadequacy of the Product(s) and/or Game(s) and/or Content and/or Service(s) subject matter of the information USER’s E-Commerce Transactions for their intended purposes;
13.4.5. misleading or abusive advertisement related to the Product(s) and/or Game(s) and/or Content and/or Service(s) offered by the developers of the Products;
13.4.6. the breach of contractual or legal obligations the developers or distributors of the Product(s) and/or Game(s) and/or Content and/or Service(s); and
13.4.7. for any reimbursement, refund of amounts or payment of any indemnification to the USER due to claims related to E-Commerce Transactions carried out by the USER, acting only as a facilitator in case the refund service is offered by the developer/publisher of the Product.
13.5. Payments made by bank deposit are subject to the correct identification of the Payment (with the correct information included in the payment receipt), at the time it is made, at the risk of rendering the respective Payments impossible, in which case the respective values will remain retained in the account held by BOACOMPRA, and in favor of BOACOMPRA itself, until the USER provides BOACOMPRA with the information and proof necessary for the proper identification of the deposits made.
13.6. By opting for Recurring Billing, as a means of Payment, the USER acknowledges that he/she knows, understands and complies with the recurring specifications stipulated and made available by the Partner, on its own website, and the Partner will be the solely and exclusively liable for the recurrence or subscription of interest of the USER.
13.6.1. The amount charged each month as Recurring Billing may vary for reasons such as promotional offers, redemption of subscription vouchers and/or promotional codes and/or change or addition of subscription plans, at the sole discretion of BOACOMPRA’s Partner.
13.6.2. If at any time the USER wishes to change, interrupt or cancel the Recurring Billing, he/she is to make a request directly to BOACOMPRA’s Partner, and must be aware that, in relation to the Recurring Charges, BOACOMPRA is limited to effect them in compliance with the specifications and instructions received from the Partner.
13.6.3. THE USER DECLARES TO BE AWARE THAT ALL THE RECURRENCE AND/OR SUBSCRIPTION RELATIONSHIP IS ESTABLISHED BETWEEN THE USER AND THE PARTNER OF BOACOMPRA, THERE BEING NO RESPONSIBILITY TO BOACOMPRA IN THIS REGARD.
14. GOLD (GO4GOLD) CREDITS
14.1. Notwithstanding the other payment options offered by BOACOMPRA, the Registered User may purchase the Products using Gold Credits that he/she acquires.
14.2. When acquiring Product(s) and/or Game(s) and/or Content and/or Service(s) with Gold Credits, they will be debited from the USER’s respective account.
15.3. The failure of any Party to demand the performance, in whole or in part, of any section and provision hereof, one or more times, shall be construed as mere forbearance, not implying novation, waiver, payment in kind, transaction, remission and/or compensation nor will it deprive the other party for the right to demand strict compliance with the contractual obligations, at any time.
15.6. The USER acknowledges that, in view of the immaterial nature and immediate enjoyment of the Products purchased through BOACOMPRA, the USER will only exercise the right of regret based on the criteria established at the Store.
15.7. The USER expressly represents and warrants, for all legal purposes, that: