General Condition

The following terms used throughout the General Conditions of COSTDRIVERS® Platform shall have the following definitions:

INTERNET: World Wide Web; WEB SITE: COSTDRIVERS® website located on the INTERNET under the domain (URL) www.COSTDRIVERS.com (http://www.costdrivers.com/) COSTDRIVERS® PLATFORM: Integrated Platform made up of modules, programs and databases licensed by Datamark Ltda. that allow companies to connect in an interactive electronic environment.

OBJECT

The object of this instrument is to establish the general conditions of use of COSTDRIVERS® Platform for all its visitors, registered users and/or licensees.

VALIDITY PERIOD

The present instrument of general conditions of use of the COSTDRIVERS® Platform will be valid for its visitors for an undetermined period. Registered and/or licensed users must comply with the terms and conditions specified in their respective registrations and licenses.

CONDITIONS FOR OPERATING COSTDRIVERS® PLATFORM

Users who only wish to visit COSTDRIVERS® platform will have immediate access to the free circulation areas of the site without the need to register. Users wishing to access the features and reserved areas must complete a registration application.

Users registering to access the platform must complete a registration form and provide a user code and private password. Upon agreement, the licensed user will receive one (1) user code and one (1) private password. The user code and private password constitute personalized identification for use of the provided services, which are non-transferable and the sole and exclusive responsibility of the holder, and may not be assigned, transferred, or sold in any way.

The registered user and/or licensee will assume full responsibility for themselves and third parties in the use of the user code and private password and will be obliged to comply with the resulting financial and legal commitments.

In the event of incorrect, untrue or unconfirmed information, as well as in the event of refusal to correct it or send documentation proving the correction, Datamark Ltda reserves the right to not conclude the registration in progress or to block the existing registration, preventing the User from using the online services until, at the discretion of Datamark Ltda, the irregular situation is settled.

During the term of this instrument, visitors, registered users and/or licensees are bound to respect all instructions and methods of application appropriate to the use of any modules of COSTDRIVERS® Platform, as well as under no circumstances assign or transfer to third parties, the rights and obligations arising from this instrument, without the express written authorization of Datamark Ltda.

COSTDRIVERS® PLATFORM MODULES

COSTDRIVERS® Platform is divided into modules, which are governed by the terms and conditions set out in this instrument:

MONITORING MODULE OF COST COMPONENT

 The monitoring module of cost component is an application of COSTDRIVERS® platform that operates in an Internet environment and allows registered and/or licensed users to view information on the prices of cost components and the consequent cost trends of the analyzed products.

It also allows registered and/or licensed users to select the cost components they are interested in, modify the weightings of the cost components, and select the period for analysis. The monitoring module of the cost component acts as a passive source of information, respecting the terms of the general conditions of use of the COSTDRIVERS® platform.

The information contained in the monitoring module of cost component has been collected in good faith from third parties, under strict criteria, by Datamark Ltda, which can in no way assume any responsibility for its veracity or authenticity. Registered and/or licensed users shall have sole and direct responsibility for the information they enter into the module and shall hold Datamark Ltda harmless from any liability for this information.

In the event that Datamark Ltda is sued in court as a result of this information, the person responsible will be obliged to indemnify and reimburse Datamark Ltda for the caused losses and damages.

BENCHMARKING (ANONYMOUS EXCHANGE OF INFORMATION BETWEEN USERS)

The benchmarking module is an application of COSTDRIVERS® platform that operates in an Internet environment and allows indirect connections to be made between the users who wish to exchange information of a commercial nature. The sub-application consisting of the benchmarking module acts as a passive source of information for the exchange of information, respecting the terms of the general conditions of use of COSTDRIVERS® platform.

Registered and/or licensed users will have exclusive and direct responsibility for the information they enter into the module and must exempt Datamark Ltda from any liability for this information. In the event that Datamark Ltda. is sued in court as a result of this information, the person responsible will be obliged to indemnify and reimburse Datamark Ltda. for the caused damages.

CONTENT OF COSTDRIVERS® PLATFORM

Datamark Ltda has the right to change, at any time and at its sole discretion, the technical features relating to the content and operating mode of COSTDRIVERS® Platform.

Visitors, registered users and/or licensees hereby expressly acknowledge that Datamark Ltda. is the exclusive owner of the copyright and intellectual property rights of COSTDRIVERS® Platform, declaring that they accept the obligation to respect the intellectual property and trademark rights of Datamark Ltda. as well as those of all third parties that may be, or have been, contained in any way on the platform.

By merely accessing the platform, visitors and/or users are not granted any rights to use the trademarks or intellectual property.

USERS’ LIABILITIES:

Visitors, registered users and/or licensees, for the purposes and effects of the provisions of this instrument, are bound to:

Strictly comply with the instructions and application methods appropriate to COSTDRIVERS® platform, contained in this instrument and in the license term when concluded;

1. Promptly provide all the information and data required by COSTDRIVERS®, agreeing to update it whenever it is modified;
2. Conduct all required acts to protect the commercial reputation of COSTDRIVERS® platform and its services;
3. To be responsible for the suitability and veracity of the data and information provided to COSTDRIVERS® by virtue of the execution of this instrument;
4. Ensure that only authorized persons use COSTDRIVERS® Platform and its services, being exclusively responsible for all damages caused by them to COSTDRIVERS®;
5. Strictly comply with all the obligations contained in the LICENSE agreement, when signed;
6. Not to send any viruses or scripts that could infect the COSTDRIVERS® Platform, by any existing technological means;
7. Maintain the strictest secrecy regarding the information, operating platform, methods, and instructions transmitted by COSTDRIVERS®, which are business secrets and;
8. Not allow unauthorized access by third parties or their employees to COSTDRIVERS® platform.

PENALTIES

For failure to comply with any of the obligations agreed in the previous items, Datamark Ltda has the right to immediately terminate this agreement and consequently disconnect users registered and/or licensed on the COSTDRIVERS® Platform, without prejudice to their obligation to reimburse Datamark Ltda for losses and damages.

COSTDRIVERS® PLATFORM’S LIABILITIES

Datamark Ltda is bound to keep the COSTDRIVERS® Platform in full operation in accordance with the SLA mentioned in the agreement.

It is agreed between the parties that in the event of an interruption of the service, which results in an annual utilization of less than ninety-nine percent (99%) of the provided service, due to unscheduled suspensions, Datamark Ltda will grant licensed users an extension of the service term equivalent to the time the service was deactivated over the guaranteed percentage rate.

The annual usage shall be based on the date the agreement was executed and shall be valid for consecutive periods of 12 months. The extension of the term of the service will be counted in the thirteenth month after the execution of the agreement and granted by Datamark Ltda in the period after that date, repeating this procedure for each 12-month period thereafter. 

Datamark Ltda’s liability resulting from failures in sending and receiving information of any kind or defects and problems of any nature, provided that they are exclusively related to COSTDRIVERS® Platform and cause proven damage, will be limited to registered and/or licensed users to a maximum amount of R$ 1,000.00.

Occurrences in which interruptions and suspensions are not due to the fault of Datamark Ltda are excluded, in which case registered and/or licensed users shall hold Datamark Ltda harmless from any liability whatsoever, including but not limited to the payment of compensation arising from direct or indirect consequential damages and loss of profits.

USER LIABILITIES

Registered and/or licensed users shall be liable to Datamark Ltda. or third parties for damages of any kind arising from, but not limited to, improper or unauthorized use, as well as the sending of scripts or viruses that may impair the operation of COSTDRIVERS® Platform.

TERMINATION

With the exception of the condition of termination, this agreement may be terminated by law, without prior notice to the other party and at any time, in the following cases: 

1. If the registered user and/or licensee is declared bankrupt, insolvent or is legally or extrajudicially settled;
2. If he is suffering repeated notes or protests of bonds;
3. If he engages in illicit practices or conduct harmful to the name and/or services of COSTDRIVERS®, as well as its brands; 
4. If he withholds, hinders, or omits information regarding the use of COSTDRIVERS® Platform;
5. If he misuses the technology and methods of COSTDRIVERS® Platform;
6. If he suffers the occurrence of unforeseeable circumstances or force majeure.

CONFIDENTIALITY

Registered and/or licensed users expressly accept that Datamark Ltda. is the legitimate owner of COSTDRIVERS® Platform and of all the information and techniques related to the object of this agreement, as well as all its informative materials, which are strictly confidential, for which they are bound to maintain absolute secrecy and the obligation to not take possession of or reproduce any sections of the platform, except with the express authorization of Datamark Ltda. 

PRIVACY AND PROTECTION OF PERSONAL DATA

Datamark Ltda collects and uses the User’s personal data while browsing the Platform. Please refer to Datamark Ltda’s practices regarding the use of your personal data in the Privacy Policy.

INFORMATION SECURITY

To ensure that your personal information is protected, we communicate our privacy and security guidelines to employees and business partners and strictly follow privacy precautions within Datamark Ltda. 

We strive to protect your personal information and that entrusted to us by our customers, through physical, technical, and organizational measures aimed at reducing the risks of loss, misuse, unauthorized access, disclosure, and improper change of this data.

CHANGES TO THE GENERAL CONDITIONS

Datamark Ltda reserves the right to change any terms of the General Conditions, informing its registered and/or licensed users in advance.

COMMUNICATION BETWEEN THE PARTIES

Written communications made in compliance with this agreement must be necessarily delivered to the legal representatives of COSTDRIVERS®.

GENERAL PROVISIONS

Any issues not covered by this instrument shall be resolved in the light of the legislation in force and/or the uses and customs accepted in law. Tolerance by the parties of any breach of the provisions hereof shall not imply denunciation, novation, or modification of the established liabilities.

COURT ELECTION

The parties elect the court of the judicial district of the Capital of the State of São Paulo, to acknowledge and settle any doubts or disputes arising herefrom, waiving any other, however privileged it may be.