Terms and General Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY, AS YOUR USE OF THE PLATFORM DEMONSTRATES YOUR AGREEMENT TO THESE TERMS
The platform https://au.utua.com/ (“Platform” or “UTUA Platform” or “Site”) is a product recommendation and financial education website specializing in the creation of content with informative characteristics and analysis of various products /financial services (credit card, digital bank, loans, financing, among others) provided by several companies (financial institutions), offering content in order to inform the user of the product that best fits their needs (“UTUA”) .
These Terms and Conditions of Use are available at any time to the user, through the address: https://au.utua.com/terms-of-use/, applying jointly to these Terms and Conditions of Use and the use of the site the provisions of the UTUA Privacy Policy, available at: https://au.utua.com/privacy-policy/, as well as the current legislation.
Thus, the Term and Conditions of Use aims to inform the responsibilities, duties and obligations of every user when accessing and/or using the UTUA digital platform, as described in the items below.
By navigating our platform, the user confirms that he has read, understood and agrees with these Terms and Conditions of Use, being aware that the provisions shown here will regulate the relationship between UTUA and the user/you. If you do not agree with all the terms that follow, you will not be able to use or access the platform.
1. Platform UTUA
UTUA is a blog specialized in creating content with informative features and analysis of various financial products/services (credit card, loans, financing, among others), provided by various companies (financial institutions), offering content with the aim of informing for the user the product that best fits their needs.
Whenever the terms “UTUA”, “we” or “our” are mentioned, we are referring to UTUA; as well as whenever the terms “you”, “user”, “your”, “your” are mentioned, we will be referring to you, the user, who is consenting to these Terms of Use and the Privacy Policy to make use and access to the Platform.
We have an online platform that facilitates customer access to products and services offered by partner institutions.
For your registration on the platform, UTUA may ask you some questions and request some information so that it is possible to intermediate your relationship with the partner company, all information requested will only be used for mail marketing, UTUA does not sell your information, and our platform abides to the data protection legislation of the user country. However, the application for the services is carried out directly within the partner company and their platform. UTUA is not part of the legal relationship established between the user and the partner company.
2. Equipment for accessing the Platform
The equipment (computer, smartphone, tablet) and programs (browser) necessary for browsing the UTUA website and the adequate provision of all internet resources (such as connection), without exception, as well as keeping the computer environment safe, with use of tools available such as antivirus and firewall, among others, updated, in order to contribute to the prevention of electronic risks, are the sole responsibility of the user.
3. Access and Use of the UTUA Platform
In general, the provision of services does not require prior subscription or registration of users. However, UTUA conditions the use of some of its services to the previous subscription or registration of the User.
To use the services available on the UTUA Platform, you must be at least 18 (eighteen) years old. In this sense, the user, when accessing the platform and accepting these Terms and Conditions of Use, as well as the Privacy Policy, declares to be over 18 (eighteen) years old, being fully responsible for the declaration provided.
Furthermore, by accessing and using the UTUA platform, you declare and guarantee that (i) all information, personal or not, sent by you is true and accurate; (ii) you will maintain the accuracy of any information provided; (iii) you will update your data whenever necessary, especially contact details; (iv) you will not submit any personal information if you are under 18 years of age; (v) by using the website, you are not violating any applicable law or regulation; and (vi) you will not reverse engineer or decompile the website or parts thereof.
If any information provided by the user is false, incorrect, out of date or incomplete, or if UTUA has reasonable grounds to suspect that such information is false, incorrect, out of date or incomplete, UTUA shall have the right to suspend or cancel immediately, without notice , user access to the platform and refuse any and all use, present or future, of the services, or part of them.
By accepting the conditions of these Terms and Conditions of Use, the user is aware and agrees that the collection, use and treatment of their data will be carried out, such as (i) Registration data: Name, telephone, e- mail, government individual identification, Date of Birth, address, gender, and any other personal information necessary to identify you; (ii) Data on the intended negotiation: (iii) Data on current or previous employment; bank information for loan application; (iv) Data on social security benefits: Profile (retired/pensioner, civil servant, armed forces, etc.); Type of benefit received (retirement, pension, etc.); Amount of benefit received; Benefit registration; State, bank, account and agency that receives the benefit; (v) Data on possible loan guarantees: If you have a vehicle in your name; if you have a property in your name; what is its value; what is the address of the property to be used as collateral;and your current credit status within your country’s credit score institution.
4. Care by UTUA with the Platform
Information contained in the Platform:
UTUA will use its best efforts to keep the information on this website as current, complete and accurate as possible. To this end, it will seek to correct any inaccuracies or omissions in the information contained on the website as soon as possible.
Platform Availability:
UTUA seeks to ensure that the information provided is accurate, complete, current and that its use is free of interruptions and errors. However, we cannot guarantee full-time operation of the website, as it depends on services provided by third parties, such as telecommunications companies and internet access providers. In addition, we will suspend the use of and access to the UTUA Platform in the event of an act of God or force majeure, for example, in the event of cyber attacks and others that may impair the functionality of the Platform and put user information at risk.
User privacy:
It is part of UTUA’s Privacy Policy to respect the privacy of its users. Although the website environment is subject to monitoring for security reasons, UTUA will not disclose private information of its users, without prior authorization, except in cases expressly provided for in the terms of the Privacy Policy or by court order or by law. For more information, please consult UTUA’s Privacy Policy: https://au.utua.com/policy-privacy/.
For user safety:
UTUA does not request passwords, credit card data or other bank details from its customers by e-mail, telephone or any other personalized service channel. Therefore, if you receive, individually, any communication with this type of approach and content, do not respond, disregard it and, if possible, forward your report to [compliance@begrowth.com.br]. UTUA is active in the fight against electronic fraud and counts on the awareness of its users for the practice of safe navigation on the Internet.
5. Links to Access Third Party Pages
UTUA, at its sole discretion, may provide links to third-party pages. These pages have not necessarily been reviewed by us and are maintained by third parties over whom we have no control. The use of these pages by you is your sole responsibility and you must pay attention to the terms and conditions of use and privacy of each of these pages.
We have no responsibility for the content, materials and accuracy of the information and/or quality of the products or services provided, available or advertised on third-party pages and we assume no responsibility in relation to the access and use of these pages by users. Furthermore, these links do not imply an endorsement by any third party of any information, materials or content on those pages, or on any website, or of products or services offered by third parties.
UTUA will not be responsible for the effective fulfillment of the obligations assumed between the users and the Partner Financial Institutions. The user acknowledges and accepts that negotiations carried out with Partner Financial Institutions, creditors and/or third parties are carried out at their own risk.
6. Prohibitions and Responsibilities of Users
The user is prohibited, among others:
(i) violate any municipal, national or international legislation that is integrated into the Brazilian legal system, or that, for any legal reason, must be applied in Brazil;
(ii) perform acts contrary to morality and good customs;
(iii) assume the personality or identity of another person, natural or legal;
(iv) upload, transmit, disseminate, display, send, or otherwise make available any content that is illegal, including, but not limited to, content that is offensive to the honor and privacy of others, pornographic, obscene, defamatory or libelous, vulgar, bigoted, racist, discriminatory, condoning crime or in any other way objectionable, or which may give rise to any civil or criminal liability under the Law;
(v) upload, transmit, post, display, send, or otherwise make available any content that violates any third party rights, including Intellectual Property Rights (as defined below);
(vi) upload, transmit, disclose, display, send, or in any way make available any type of advertisement, advertisement or promotional material not requested or authorized by the UTUA Platform, such as unsolicited messages or messages sent in bulk (known as “junk mail” or “spam”);
(vii) upload, transmit, disseminate, display, send, or in any way make available any content that contains viruses or any other code, file or computer program with the purpose of interrupting, destroying or limiting the functionality of any software, hardware or equipment;
(viii) violate third party secrecy and privacy rights;
(ix) perform any acts that directly or indirectly, in whole or in part, may cause harm to UTUA, other users or any third party;
(x) use anonymous tools or proxy for the purpose of anonymizing your IP (internet protocol) address;
User Responsibilities:
UTUA provides links and/or redirects the User to other sites, where the User can contract services and/or purchase products from the respective companies, without any interference from UTUA.
If the user is redirected to the website of the company advertised on the site, the user must carefully read and expressly agree with the terms and conditions of use and the privacy policy of the advertised company.
UTUA has no responsibility for the general terms and conditions of use and privacy policy of the advertised companies.
UTUA is not responsible for any virus, malware, spyware, trojan or any software that may damage, or change the settings of Users’ equipment as a result of browsing or using the internet, or as a result of transferring data, texts, images , files or audios.
Users are fully responsible for keeping their equipment’s operating system up-to-date and with antivirus programs.
UTUA cannot be held responsible for vices or technical and/or operational defects arising from the system or information from the user or third parties.
7. Intellectual Property
Of the rights of the UTUA:
The website, the content and any other text, graphics, images, photos, illustrations, brands, trade names, service marks, logos, information, source code, layouts, domain names, software, know-how, and other materials available on the UTUA Platform are all protected by intellectual property rights.
All Intellectual Property Rights present on the website and exemplified above are owned by UTUA, licensed to UTUA or our partners (as applicable). Commercial exploitation, transmission, dissemination, modification, reproduction, copying or any other commercial use of such content by the user is strictly prohibited.
Reproduction of content for own use
The reproduction of any content on the Platform is prohibited, except in cases where it is intended for the user’s exclusively personal use. In no case will the user acquire any Intellectual Property Rights over said contents.
In case of violation by the user of any Intellectual Property Right of UTUA, the user assumes any and all liability, civil and/or criminal, arising from said violation.
Sending unsolicited information
It is UTUA’s policy not to accept or consider ideas, suggestions or creative materials, including, but not limited to, notes, drawings, concepts, comments, suggestions for techniques, know-how information, advertising material, video or other information other than that specifically requested for user registration on the Platform. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by UTUA professionals are similar to the creative works of third parties who have submitted any submissions to UTUA.
All submissions will be treated as non-confidential and non-proprietary, and UTUA may use, enjoy and dispose of such submissions as it sees fit. UTUA will not be responsible for the use or disclosure of any Submissions, and you hereby acknowledge that nothing will be owed to you on account of the use or disclosure of Submissions.
User Generated Content
By agreeing to this policy, the user also authorizes UTUA to use, copy, reproduce, make available, transmit, share, translate into other languages, insert in other materials (including, but not limited to, the platform, videos and advertising materials ) for any purposes, including commercial, advertising and institutional purposes, any statements, testimonials or comments related to the UTUA Platform.
8. Deadlines
These Terms and Conditions of Use will remain in full force and effect as long as: (i) the services are made available on the Platform and are not replaced by other Terms and Conditions of Use; (ii) the user is accessing the Platform; and (iii) the user is contracted with a partner company or financial institution.
The user may request the removal of their registration data and terminate their participation in the Platform at any time, regardless of the reason, by sending the request to the email indicated in the Platform and in the UTUA Privacy Policy.
9. Compensation
You agree to waive compensation, to maintain UTUA and its respective directors, agents, partners, service providers and employees exempt from any loss, liability, lawsuit or demand, including attorneys’ fees, due to or arising out of the use or access to the UTUA Platform or violation of these Terms of Use or the Privacy Policy.
You further agree to waive compensation, to maintain UTUA and its respective directors, agents, partners, service providers and employees exempt from any loss, liability, lawsuit or demand, including attorney fees, due to or resulting from failures in the equipment of the user, as well as the misuse of information or materials on the website.
10. Notifications
All notifications to UTUA must be made in writing, to the email: compliance@begrowth.com.br. UTUA may publish notifications or messages through the Platform to inform the user about changes to the Platform, these Terms of Use, or the Privacy Policy, among other relevant matters.
11. Communications
The user, by accepting these Terms and Conditions of Use, authorizes UTUA to communicate with him through any electronic means, such as email, cell phone, torpedo (SMS or text message) , electronic mail, as well as via SAC, and also physical correspondence.
12. Applicable Law and the Forum
This Term and Conditions of Use must be read and interpreted in conjunction with the Privacy Policy of UTUA and both are governed by the laws in force in the Federative Republic of Brazil, mainly by the Federal Constitution, Civil Code, Consumer Protection Code, General Law of the Civil Rights Framework for the Internet and the General Data Protection Law.
All matters relating to the interpretation, compliance or any other questions related to these Terms and the Privacy Policy, the parties submit to the jurisdiction of the Comarca of Belo Horizonte, State of Minas Gerais.
13. General Provisions
If any provision of these Terms and Conditions of Use is invalid or unenforceable, such provision will be nullified and the remaining provisions will remain.
UTUA’s failure to act with respect to any failure by the user or others to comply with these Terms and Conditions of Use does not waive UTUA’s rights to act with respect to subsequent or similar failures.
UTUA may modify these Terms and Conditions of Use at any time, at its sole discretion, by publishing updated terms and conditions of use. We recommend that every time you access the UTUA Platform, stay tuned for new updates, as your access and use of the platform will be bound by any changes to these ¨Terms and Conditions of Use.
14. Service channels
If you have any questions regarding these Terms and Conditions of Use, please contact UTUA via email: compliance@begrowth.com.br.
The User has this communication channel to solve all his doubts, solve any problems and present complaints or other information about products/services available at UTUA.
There is also the possibility for the user to use the UTUA “Contact Us”, which can be activated through the link: ajuda@utua.com.br..