Terms and Conditions
Updated: June 1, 2021
General terms and conditions of use of the Shirlene Moreira website.
The products or services of SHIRLENE MOREIRA, available at www.shirlenemoreira.com and www.shirlenemoreira.com.br (redirecting to .com site), are provided by the individual Shirlene Moreira de Souza, owner of the intellectual property of brands, software, websites, applications, design, contents, materials and other assets related to the SHIRLENE MOREIRA platform.
1. Of the object
The platform aims to license the use of its software, website, applications and other intellectual property assets, providing tools to assist and streamline the daily lives of its users. The platform is characterized by the commercialization and provision of services related to Tecnology, Design, Marketing, Growth, Neuroscience and others. By agreeing to this term, you also authorize the use of your lifetime image (or that of the minor under your responsibility – if applicable) in photos, texts, audios, video or any other format, with or without commercial purposes, to be used by Shirlene Moreira or whoever she authorizes for issues such as showing portfolio, testimonials, evaluations, feedback, market studies and analysis, post, social media, showing case, result or any similar material. This authorization is granted free of charge, covering the use of the aforementioned image throughout the national territory and abroad, in all its forms and, in particular, in the following ways: (I) websites and applications (II) digital materials; (III) printed materials (IV) social networks or general publicity. As this is the expression of his will, he declares that he authorizes the use described above without anything to be claimed in terms of related rights to my image or any other, including not asking Shirlene Moreira for any royalty or receipt of payment for this in exchange.
2. Acceptance
This Term establishes obligations contracted of their own free will, for an indefinite period, between the platform and individuals or legal entities, users of the website or application. By using the platform, the user fully accepts these rules and undertakes to comply with them, at the risk of applying the applicable penalties. The acceptance of this instrument is essential for accessing and using any services provided by the platform. If you do not agree with the provisions of this instrument, the user must not use them.
3. User access
All technical solutions available to the person responsible for the platform will be used to allow access to the service with availability. However, browsing on the platform or on any of its pages may be interrupted, limited or suspended for updates, modifications or any action necessary for its proper functioning. SHIRLENE MOREIRA reserves the right not to keep the pages updated in real time or to be free from errors in their content.
4. Registration
Access to some features of the platform will require prior registration and, depending on the services or products chosen, payment of a certain amount.
When registering, the user must inform complete, recent and valid data, and it is their sole responsibility to keep such data up to date, and the user is committed to the veracity of the data provided.
The user undertakes not to inform their registration and/or platform access data to third parties, being fully responsible for their use.
The use of the platform must be made by people over 18 years old in full civil and mental capacity. If the use is made by persons under 18 years of age and those who do not have full civil and mental capacity, they must obtain the express consent of their legal guardians in advance to use the platform and the services or products, being the sole responsibility of them for any access by minors and by those who do not have full civil and mental capacity without prior authorization.
Upon completion of registration, the user expressly declares and guarantees to be fully capable, being able to exercise and freely enjoy the services and products.
The user must provide a valid e-mail address through which the website will carry out all necessary communications.
After confirming the registration, the user will have a login and a personal password, which ensures the user individual access to it. Thus, it is the user’s sole responsibility to maintain this password in a confidential and secure manner, preventing undue access to personal information.
Any and all activities carried out using the password will be the responsibility of the user, who must promptly inform the platform in case of misuse of the respective password.
It will not be allowed to assign, sell, rent or transfer, in any way, the account, which is personal and non-transferable.
It is up to the user to ensure that their equipment is compatible with the technical characteristics that enable the use of the platform and services or products.
The user may, at any time, request the cancellation of their registration with the website or application. Your unsubscribe will be carried out as soon as possible, as long as no outstanding debts are verified.
The user, by accepting the Terms and Privacy Policy, expressly authorizes the platform to collect, use, store, process, assign or use information derived from the use of the services, the website and any platforms, including all information filled in by the user on the time you perform or update your registration, in addition to others expressly described in the Privacy Policy that must be authorized by the user.
5. Of services or products
The platform may provide the user with a specific set of features and tools to optimize the use of services and products.
On the platform, the services or products offered are described and presented containing information about their characteristics such as: quantity, composition, price, warranty, term, among other data (according to the nature of what is being offered), as well as, if it is the case, the risks they pose to the health and safety of the user.
Before finalizing the purchase of a particular product or service, the user must be informed about its specifications and its destination.
Delivery times may vary depending on the product or service chosen. More information about delivery on the platform will be informed on the product or service page.
Project-based products and services must follow some additional rules such as:
a) Briefing or other forms related to the project must be answered within 72 hours by the client after receipt by SHIRLENE MOREIRA.
b) The shipment of project materials must be done immediately after placing the order. It cannot exceed 10 days of delay for sending 100% of the materials already with final revision and properly translated. If there is a delay in sending the materials, there will automatically be a delay in the delivery of the order or project by SHIRLENE MOREIRA. If you have a delay in shipping, a fine of 2% of the order value will be applied, plus interest of 1% per month until the effective date of delivery by the customer, which will be paid separately (via credit or debit card, pix , paypal, boleto or cryptocurrencies).
6. Prices and payments
The platform reserves the right to unilaterally readjust, at any time, the values of services or products without prior consultation or consent of the user.
The amounts applied are those in effect at the time of ordering.
Prices are quoted in reais and may not include all applicable taxes, tariffs, currency conversion, delivery fees, extended warranty or other, which may be specified separately and communicated to the user prior to placing the order.
When contracting or budgeting a particular service or product, the platform may request the user’s financial information, such as CPF, billing address and card data. By entering such data, the user agrees that, according to the payment method chosen, the prices then in force and informed when contracting are made. Said financial data may be stored to facilitate access and future contracts.
In the case of subscriptions, the contracting of services will be renewed automatically by the platform, regardless of communication to the user, upon periodic charging of the same payment method indicated by the user when contracting the service.
On the ‘Checkout’ screen, in addition to your personal and/or business data, you must choose the means of payment: credit or debit card, pix, paypal or cryptocurrencies. Payment will be made instantly. If you have purchased by other means as a boleto, you must pay by the due date. If the order is not paid, SHIRLENE MOREIRA reserves the right to cancel your order immediately or schedule a new, closer payment date.
For late payments after 3 working days (considering the time of bank clearing via bank slip), the products and services will be automatically suspended until regularization, which must be done within 14 days. After this period, if there is no payment, the account, products and services will automatically be canceled and excluded, and the customer’s name will be included in the credit protection agencies. Remembering that if this occurs, it does not exclude the fact of future collections of the outstanding amount owed by SHIRLENE MOREIRA, external collection agencies or companies.
For CLT proposal, freelance or outsourced hiring, or partnerships. There may be other rules applicable.
7. Cancellation
The user may cancel the contracting of the services in accordance with the terms defined at the time of contracting. Furthermore, the user may also cancel the services within 7 (seven) days after contracting, by contacting SHIRLENE MOREIRA, in accordance with the Consumer Protection Code [Brazil] (Law No. 8.078/90), paying attention to provided that the product or service is eligible for cancellation by SHIRLENE MOREIRA.
The service may be canceled by:
a) part of the user: under these conditions, the services will only cease when the cycle in force at the time of cancellation is completed;
b) lack of payment;
c) violation of the Terms of Use: the services will be terminated immediately.
d) at another exclusive discretion of SHIRLENE MOREIRA.
Other cancellation rules may apply.
8. Exchange and return
The platform’s exchange and returns policy is governed by the Consumer Defense Code [Brazil] (Law nº 8.078/90).
The exchange and/or return of the product may take place by:
a) right of repentance;
b) product addiction.
In case of regret, the user may return the product within 7 (seven) days after receipt, by contacting SHIRLENE MOREIRA, in accordance with the Consumer Protection Code [Brazil] (Law No. 8.078/90).
In case of product defect, quality or quantity defect should be checked that make the product unsuitable or unsuitable for the consumption for which it is intended or that reduce its value. Furthermore, products or services that differ from the indications on the platform at the time of purchase or on the packaging may be exchanged or returned, respecting the variations resulting from their nature.
The user must contact SHIRLENE MOREIRA as soon as the addiction is detected. If, within a maximum period of 30 (thirty) days, it is not possible to resolve the defect or, regardless of this period, the replacement of the defective parts could compromise the quality or characteristics of the product or service, reduce its value or if it is a product or essential service, the user may choose to replace the product with another of the same kind or to re-execute the service, refund the amounts paid or proportionally discount the price.
Please note that not all products or services are exchangeable or returnable as digital products for example.
Other exchange or return rules may apply.
9. Support
In case of any information, doubt, suggestion, complaint or problem with the use of the platform, the user may contact SHIRLENE MOREIRA through the service channels on the page Contact.
10. Responsibilities
It is the responsibility of the user:
a) technical defects or defects originating in the user’s own system;
b) the correct use of the platform, services or products offered, valuing good coexistence, respect and cordiality among users;
c) for compliance with and respect for the set of rules set forth in this General Terms of Use Terms, in the respective Privacy Policy and in national and international legislation;
d) for the protection of the access data to your account/profile (login and password).
e) make payments on the due date. If the payment is not compensated after 3 working days, the products and services will be suspended until regularization. Up to 14 days, the account, project, products and services may be canceled and the user’s name entered in the credit protection agencies.
It is the responsibility of the SHIRLENE MOREIRA platform:
a) indicate the characteristics of the service or product;
b) defects and defects found in the service or product offered since it gave rise to them;
c) the information that was disclosed by the user, and the comments or information disclosed by users are the sole responsibility of the users themselves;
d) illegal content or activities carried out through its platform.
e) evaluate CLT proposals, freelancers, partnerships, supply or affiliations having the right to accept or not.
The platform is not responsible for external links contained in its system that may redirect the user to an environment outside its network.
External links or pages that serve commercial or advertising purposes or any illicit, violent, controversial, pornographic, xenophobic, discriminatory or offensive information may not be included.
11. Copyright
This Term of Use grants users a non-exclusive, non-transferable and non-sublicensable license to access and make use of the platform and the services and products made available by it.
Website or application structure, brands, logos, trade names, layouts, graphics and interface design, images, illustrations, photographs, presentations, videos, written and sound and audio content, computer programs, database, files of transmission and any other information and intellectual property rights of SHIRLENE MOREIRA, subject to the terms of the Industrial Property Law (Law No. 9,279/96), Copyright Law (Law No. 9,610/98) and Software Law (Law No. 9,609 /98), are duly reserved.
These Terms of Use do not assign or transfer to the user any rights, so that access does not generate any intellectual property rights to the user, except for the limited license granted herein.
The use of the platform by the user is personal, individual and non-transferable, and any unauthorized, commercial or non-commercial use is prohibited. Such uses will consist in violation of SHIRLENE MOREIRA’s intellectual property rights, punishable under applicable law.
SHIRLENE MOREIRA reserves the right to have a lifetime license to use, non-exclusive, non-transferable and non-sublicensable, of all material produced individually or together for the use of image and other assets, as well as to expose only parts or create new derivatives from the asset, with the purpose of various such as exposure in your portfolio on the website or other channels, social media or as you see fit. By accepting these terms you agree, accept and grant this license to SHIRLENE MOREIRA.
12. Sanctions
Without prejudice to other applicable legal measures, SHIRLEN MOREIRA may, at any time, warn, suspend or cancel the user’s account:
a) that violates any provision of this Term;
b) who fails to comply with their user duties;
c) that has any fraudulent, fraudulent behavior or that offends third parties.
d) at its own and exclusive discretion, according to other items it deems appropriate.
13. Termination
Failure to comply with the obligations set forth in this Terms of Use or applicable legislation may, without prior notice, give rise to immediate unilateral termination by SHIRLENE MOREIRA and the blocking of all services provided to the user.
14. Changes
The items described in this instrument may be changed, unilaterally and at any time, by SHIRLENE MOREIRA, to adapt or modify the services, as well as to meet new legal requirements. The changes will be published by the website or application and the user may choose to accept the new content or to cancel the use of the services, if he is a subscriber to any service.
The products or services offered may, at any time and unilaterally, and without any prior notice, be discontinued, altered in their characteristics, as well as restricted for use or access (including subscriptions).
15. Privacy policy
In addition to this Term, the user must consent to the provisions contained in the respective Privacy Policy to be presented to all interested parties within the platform interface.
16. Disputes
For the settlement of disputes arising from this instrument, Brazilian law will be fully applied. Any litigation must be filed in the court in which the company’s headquarters are located, currently Itajaí – SC, Brazil.