TERMS AND CONDITIONS

These Terms and Conditions were last revised on April 3rd, 2020.

Contents

TERMS AND CONDITIONS

  1. INTRODUCTION
  2. DEFINITIONS
  1. INTERPRETATION
  1. INTRODUCTION AND SCOPE
  1. SERVICES
  2. REGISTRATION DATA AND PRIVACY
  3. SECURITY AND PASSWORD
  4. MODIFICATIONS TO THE SERVICE
  5. USER CONTENT
  1. LIMITED GUARANTEE
  1. XI.GEOGRAPHIC RESTRICTION
  2. USER RESPONSIBILITIES
  1. NO ADVISORY
  2. EXCLUSION OF LIABILITY
  3. XV.THIRD PARTY LINKS
  4. XVI.PERSONAL INFORMATION AND PRIVACY POLICY
  5. ERRORS, INACCURACIES AND OMISSIONS
  6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
  7. COPYRIGHT AND TRADEMARK
  1. INDEMNIFICATION
  2. MISCELLANEOUS
  1. Severability

Frateri may notify the relevant law enforcement authorities or other third parties, of any illegal or other prohibited conduct by you, including, without limitation, your violation of these Terms or unauthorized use of the Site or Service.

  1. Entire Agreement
  2. Force Majeure

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, pandemic/epidemics or civil commotion or other force majeure event.

  1. Third Party Services
  2. Assignment
  3. CONTACT INFORMATION
  1. INTRODUCTION

Please read these Terms and Conditions (the “Terms”) and our Privacy Policy carefully because they govern your access to and use of our website located at https://frateri.com (the “Site”) and mobile device application (the “App”). For the purpose of these Terms, the Site, our services, and the App are collectively called “Frateri Services,” the “Services,” or the “Service.” The term “you” refers to a user of our Services and “we”, “us,” or “our” refers to Frateri.

Frateri is a personality typology website. At Frateri, you will find the best recommendations or contents on personality types and traits and other personality and psychology related content. We offer you access to our services through our Site and/or App subject to these Terms. These Terms may be updated by us from time to time without primary notice to you and the updated terms shall be effective from the date they are published on the Site and/or App.  By accessing and using our Site and/or App, you acknowledge that you have read, understood and agree to be lawfully bound by these Terms. In case you do not agree with any of these Terms, then please do use the Site.

  1. DEFINITIONS
  • Terms” denotes to these Terms and Conditions and the Privacy Policy and other documents provided to you by the Site;
  • Service” or “Services” denotes any service shown below, which we may offer on our website and/or mobile application. 
  • User”, “You” and “your” are denotes to the person who is visiting the Site and/or accessing for taking any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Site;
  • We”, “us”, “our” and “Company” are references to Frateri;
  • Site” shall mean and include https://frateri.com and mobile-application for iOS/Android OS (separately “App”) and any Company’s successor or affiliates websites;
  1. INTERPRETATION
  • All references to singular include plural and vice versa and the word “includes” should be construed as “without limitation”.
  • Words importing any gender shall include all the other genders.
  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
  • All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or effect the meaning or interpretation of the terms of these Terms.
  1. INTRODUCTION AND SCOPE
  1. Acceptance. By using the Site and/or App in any manner, you are bound by these Terms and Conditions. In case you do not accept these Terms, please do not use the Site and/or App. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you hereby represent and warrant that (a) you are legally authorized to do so, (b) the entity agrees to be legally bound by these Terms, and (c) neither you nor the entity is barred from using the Services or accepting these Terms under the laws of the applicable jurisdiction.
  2. Scope. These Terms govern your use of the Site and the Services. Except as otherwise specified, these Terms do not apply to third-party websites, products or services, and such third party websites  are governed by their own terms and conditions of use.
  1. Eligibility: Certain Services are not available to minors under the age of 16 years or to any users suspended or removed from the system by us for any reason. If you have not attained the age of majority under the local laws of your country of citizenship/residence, please obtain consent from your parent or guardian for further use of our Site, App and Services.
  1. Electronic Communication: When you use this Site or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communication from us electronically in the same format and you can keep copies of these communications for your records.
  1. SERVICES

At Frateri, you will find recommendations or contents on personality types, traits and other psychology related content. 

Our Service provide directions to recruiters and business owners that want to assess candidates and employees,  job seekers and other interested persons who want to practice the psychometric tests and know more about themselves.

  1. REGISTRATION DATA AND PRIVACY

In order to access some of the services on this Site and/or App, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

  1. SECURITY AND PASSWORD

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

  1. MODIFICATIONS TO THE SERVICE

Our team is always striving to improve the Site, App and Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

  1. USER CONTENT
    1. Content Responsibility.

The Site and/or App permits you to post comments, feedback, etc. but you are solely responsible for the content posted by you and once the content is provided by you, it is not always be removed or withdrawn. It is you all your risk and accountability towards reliability and quality. You represent that you have required permission to use the content.

You are prohibited to post content that:

  • contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims
  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law
  • violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance
  • uses or attempts to use another’s account, password, service or system except as expressly permitted by these Terms of use uploads or transmits viruses or other harmful, disruptive or destructive files
  • sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects
  • Information or data which are unlawfully obtained

In our sole discretion, we may moderate your comments, published content, but are not obliged to do so. Any prohibited content that includes, but is not limited to the foregoing, will be refused and or/ deleted. If repeated violations occur, we reserve the right to cancel user access to the Site and/or App without prior notice.

  1. LIMITED GUARANTEE

By this Site:

  • We provide an opportunity for you to avail the offered Services from our Site and/or App.
  • We are not responsible for unreasonable expectations or failure to achieve any goals and you use our Service at your own discretion and risk.
  • We do not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Site is not as described, your sole remedy is to intimate us about Services for taking further action.
  1. XI.GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage of the Site or the App or supply of any Service to any person, geographic region or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Site or App is invalid where banned. You bear sole responsibility for using the Site, App or Services, if it prohibited or illegal in your current location.

  1. USER RESPONSIBILITIES
  • You shall use the Service and Site and/or App for a lawful purpose only and comply with all the applicable laws while using the Site ,App and Services;
  • You shall not upload, any prohibited content, including but not limited to; 
  • defamatory, infringes any trademark, copyright or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, including any sensitive information about any person.
  • You shall not use or access the Site for collecting any market research for some competing business;
  • You shall not misrepresent or personate any person or entity for any false or illegal purpose;
  • You shall not use any virus, hacking tool for interfering in the operation of the Site or data and files of the Site;
  • You will not use any device, scraper or any automated thing to access the Site for any mean without taking permission.
  • You will inform us about anything is inappropriate or you can inform us if you find something illegal;
  • You will not interfere with or try to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Site through hacking, password or data mining, or any other means;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site;
  • You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
  • You will let us know about prohibited and/or unsuitable content of which you become aware.

If you discover something that infringes any law, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Site or App or any Service, or any portion of the Site or App or Service, without prior notice, and to remove any content.

  1. NO ADVISORY

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Site (including information provided in direct response to your questions or postings) may be provided by individuals. The provision of such Information does not create a licensed advisor relationship, between us and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with guidance on your queries. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Site. We do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. 

If you rely on any of the Information provided by the Site, you do so solely at your own risk. The Information that you obtain or receive from us and our employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site are for informational and scheduling purposes only. 

The Information provided on the Site and in any other communications from or provided through us is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare professional because of advice that you may have obtained through the Site. Your use of Information provided on the Site is solely at your own risk. Nothing stated or posted on the Site or available through any Services is intended to be taken as the practice of medicine or the provision of medical care.

  1. EXCLUSION OF LIABILITY

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the Site including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Frateri, nor its owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure advice set forth herein is originated to have futile of its important purpose.

  1. XV.THIRD PARTY LINKS

The Site may comprise links to external or third-party websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization or recommendation by us of any content or services provided by such External Sites. The content of such External Sites is created and used by others. Frateri shall not be accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measure when you are downloading files from all these websites to safeguards your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.

  1. XVI.PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using Frateri, you acknowledge that Frateri will process your personal data to the extent necessary for providing the Services according to these Terms. All information, including the extent and the manner of processing your personal data is included in the Privacy Policy, which forms an integral part of the Terms.

  1. ERRORS, INACCURACIES AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Site and or App is accurate and error-free. We apologise for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Site will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Site and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE SITE, ITS CONTENT AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE  RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

THE SITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE SITE.  THE SITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE. A REFERENCE TO A SERVICE ON THE SITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AT ANY TIME WITHOUT PRIOR NOTICE.

  1. COPYRIGHT AND TRADEMARK

The Site contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under these Terms.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Site or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of these Terms, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Site are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  None of the Content may be retransmitted without our express, written consent for each and every instance.

By placing any information or other material on the Site (including posting messages, comments, uploading files, inputting data or engaging in any other form of communication), you grant to Frateri a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favor of Frateri and any other party authorized by Frateri all proprietary and moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Frateri, you will execute and deliver to Frateri such instruments and take such other actions as may be required to carry out this grant of license and waiver.

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Frateri named below:

  • Your username, address, telephone number, and e-mail address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You acknowledge and agree that Frateri may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Frateri, its users or the public.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your misuse of the Content or the Site.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding, in our sole discretion.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

  1. MISCELLANEOUS
  1. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

  1. Waiver

No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Frateri to exercise or enforce any right or remedy in these Terms does not waive that right or remedy.

  1. Termination

You may stop using the Service at any time by closing your Account, or ceasing to use the Service. In such event, you will not be entitled to any refund of any fees that you have paid prior to you ceasing to use the Service.

Frateri reserves the right in its sole discretion to cease or suspend providing all or any part of the Service immediately without any notice to you, if: (a) you breach, or threaten or intend to breach, these Terms; (b) Frateri is required to do so under any applicable law, rule or regulation; (c) the Service relies on data, services or another business relationship between Frateri and a third party service provider, and such relationship terminates or changes in such a way that affects Frateri’ ability to continue providing the Service; (d) continuing to provide the Service could create a substantial economic burden on Frateri as determined by Frateri in its sole discretion; or (e) continuing to provide the Service could create a security risk or material technical burden as determined by Frateri in its sole discretion.

Any of your obligations under these Terms which by their nature are intended to survive the termination of your use of the Service, shall continue to apply to you after you cease to use the Service.

Frateri may notify the relevant law enforcement authorities or other third parties, of any illegal or other prohibited conduct by you, including, without limitation, your violation of these Terms or unauthorized use of the Site or Service. 

  1. Entire Agreement

These Terms constitutes the entire agreement between you and Frateri hereto with respect to the subject matter contained in these Terms.

  1. Governing Law And Disputes

These Terms herein will be governed and construed in accordance with the laws of Brazil without giving effect to any principles or conflicts of law rules. The courts of in Brazil shall have exclusive jurisdiction over any dispute arising from the use of the Site and Services.

The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from these Terms, including, without limitation, application to the Site or Service. Furthermore, these Terms (including without limitation, the Site and Service) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.

Any cause of action arising under these Terms must be commenced by you within one (1) year after the claim or cause of action arises.

  1. Force Majeure

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, pandemic/epidemics or civil commotion or other force majeure event.

  1. Third Party Services

We have entered into arrangements with one or more service providers (third parties) that are essential to maintenance the Site and Services without which the Services could not be provided to you.

  1. Assignment

The Company shall have the right to assign/transfer our rights to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.

  1. CONTACT INFORMATION

If you have any questions about these Terms and/or our Services, suggestion or feedback about the Site/App/Services, please contact us via email at support@frateri.com.