These Terms of Use govern the general conditions of use of the website https://www.elebbre.com/pt (“Platform”) .

1. PRELIMINARY INFORMATION

1.1. The platform, its content and the services disclosed are the exclusive property of ELEBBRE SA, headquartered at Avenida Queiroz Filho, nº 1700, Casa 2, Vila Hamburguesa, in the City of São Paulo/SP, CEP 05319-000, registered with CNPJ/MF under No. 44.683.061/0001-76.
1.2. The User is the natural or legal person who accesses and/or registers on the platform and also those who hire ELEBBRE services and use the platform, recognizing and accepting these “Terms of Use” in full and electronically.
1.3. BY ACCESSING THIS PLATFORM AND CARRYING OUT ANY ACTIVITIES, THE USER AUTOMATICALLY AGREES WITH ITS TERMS OF USE AND WITH OUR PRIVACY POLICY IN A COMPLETE AND UNRESTRICTED FORM, BEING RESPONSIBLE FOR ALL AND ANY ACTS PERFORMED ON THE PLATFORM AND/OR RELATED TO IT.
1.4. Additional terms may apply and, if they do, they will be complementary and considered an integral part of these for all purposes, prevailing in case of conflict. They will come into effect when we make the disclosure on the Platform. The fact that the User continues to access or use the Platform, after the disclosure of additional terms, represents his consent to be bound by the updates.
1.5. The processing of personal data of Users and/or visitors to our Platform is governed by our Privacy Policy, available at the link https://www.elebbre.com/pt/privacy-policy .

2. DEFINITIONS

2.1. User: Anyone browsing the Site https://www.elebbre.com/pt .
2.2. Customer: Every User who hires any service from ELEBBRE.

3. OWNERSHIP

3.1. The Platform is and will remain the exclusive property of ELEBBRE, its access and use being permitted to the User, insofar as they comply with the conditions defined herein, being certain that we can close, modify, extinguish or amend these Terms, being able to refuse the request of the User, suspend, stop offering or enable access to the Platform or part of it, at any time, at our sole discretion, temporarily or permanently, without such decision giving the User the right to indemnity or reimbursement of any nature.

3.2. These Terms do not grant the User any rights over the Platform, safeguarding their right of use and/or access within the limits and conditions set forth herein.

4. APPLICATION

4.1. These Terms of Use apply to all pages and interfaces that are hosted on the Platform, as well as the services offered by ELEBBRE. The clauses of these Terms do not apply to the pages contained in Platforms of other organizations/companies that eventually have a link or reference on our website.

4.2. In case of reference to the Platforms of other organizations or companies, we recommend that the User read their privacy policies and terms of use.

4.3. The valid and effective version of these Terms of Use is the one currently published on the ELEBBRE website.

4.4. Various services and contents offered on the Platform may or may not be subject to specific Terms of Use, which are valid. These terms of use may replace, supplement or modify the present.

We may disclose your personal data:

5. ABOUT THE USE OF THE PLATFORM

5.1. The use of the Platform is subject to compliance with these Terms, and the user is granted a limited, non-exclusive, temporary, non-sublicensable, revocable, personal and non-transferable license to access and use the Platform, the content, information and material made available exclusively for your use as an end-user.

5.2. The Platform, including, without limitation, the contents of the screens, as well as the programs, databases, source codes, files, publications, etc. that allow the user to access and use it are our exclusive property, all rights being reserved to ELEBBRE.

5.3. Any rights not expressly granted to the user through these Terms are also reserved by ELEBBRE.

5.4. When required to register and provide information, the use and access to the Platform will be conditioned to its effectiveness, which may be denied if the established prerequisites are not met.

5.5. The user is aware that he may not adopt any of the behaviors described below, nor facilitate or support other people to do so, and may not use the Platform to:
(a) Violate these Terms, our Privacy Policy, or other applicable terms, policies and laws;
(b) Any conduct that is unlawful, deceptive, discriminatory, fraudulent, defamatory, libelous, tortious, violent, obscene, pornographic, unlawful or otherwise offensive;
(c) Infringe or violate rights of ELEBBRE or other people, including intellectual property rights;
(d) Upload viruses or malicious code or do anything that could disable, overburden or affect the proper functioning or appearance of the Platform;
(e) Access or collect data from our services or the Platform using automated means, without our prior permission; and/or
(f) Attempt to access data that you are not permitted to access.

5.6. The user, when accessing the Platform, must use it and make use of it in a manner compatible with all applicable laws and regulations and in accordance with these Terms and with our Privacy Policy, without infringing the rights of third parties, nor restricting or inhibiting the use of the Platform. Platform.

5.7. The user may not perform any act that could be qualified as spam, phishing, malware, cyberbulling, cyberstalking or other illegal or harmful actions. Furthermore, no posting on the Platform may be made for advertising purposes, directly or indirectly, or for any other commercial purpose, without the prior consent of ELEBBRE.

5.8. The user will also not be able to collect any data from third parties through the Platform, for commercial purposes, advertising or any other purposes other than those of the regular and normal interaction proposed by ELEBBRE. Violation of these provisions subjects the user to be liable to ELEBBRE for loss of profits and consequential damages.

5.9. The availability of the Platform to Users does not last for a period of time, and ELEBBRE may, at any time, terminate, unilaterally suspend or interrupt, without the need for prior notice, its availability for access or for the provision of services.

5.10. Users are encouraged to report to ELEBBRE any content or conduct that they consider to violate their rights under these Terms, or ELEBBRE's Terms and Policies, in particular the Privacy Policy.

5.11. We do not guarantee that the Platform or part thereof will work on any particular equipment or device. It is the user's responsibility to inform themselves of the minimum hardware, operating system and other software requirements needed to access and/or use the platform.

5.12. It is the user's responsibility to have internet connection service, as well as to acquire and update the equipment and devices necessary to access and use the Platform and any of its updates.

5.13. The Platform may be subject to malfunctions, interruption of access and delays inherent to the use of the Internet and electronic communications, without which anything can be claimed from ELEBBRE.

5.14. Obtaining all the Internet resources necessary to access the Platform, without exceptions, is the User's sole responsibility.

5.15. If the User disagrees with these Terms of Use, it will not be possible for the User to carry out activities on the Site.

5.16. The User undertakes to provide true and up-to-date information about him/herself, guaranteeing the authenticity of all data provided.

5.17. The provision of false or inaccurate statements constitutes a violation of these Terms of Use, implying the revocation of the license to use the Platform. In any case, the User will always be solely and exclusively responsible for his actions and for damages caused by him within the scope of ELEBBRE for himself and for third parties.

5.18. The User must ensure the security and confidentiality of his access login, if he has one, and must immediately notify ELEBBRE if he becomes aware or suspects that it has been discovered by third parties.

6. CONTENT PROVIDED BY THE USER

6.1. We may, at our sole discretion, allow the user to present, upload, publish or, in any way, make available through the Platform, text, audio or video content and information, including comments and feedback related to the ELEBBRE Services or our partners ( " User Content").

6.2. All User Content remains your authorship and your sole responsibility.

6.3. However, by making content available on our Platform, the user grants us a perpetual, irrevocable, transferable, royalty-free or other retribution-free authorization, valid in Brazil or abroad, including the right to use, copy, modify, create derivative works, distribute, publish , display, perform in public and otherwise exploit this content in all formats and distribution channels known today or developed in the future (including in connection with the Platform and with the business of ELEBBRE and/or our partners) , without the need for further notice to the user or their consent, and without us being obliged to make any payment to the user or any other person or entity.

6.4. The user is aware that:

a) any and all content that you may disclose on the Platform must be your exclusive authorship and ownership, holding the necessary rights, licenses, consents and releases;

b) if the presentation, uploading, publication or other way of making User Content available on the Platform, infringes or constitutes misappropriation or violates the intellectual property or rights of third parties, including the right to privacy, it will respond separately to third parties that may be harmed;

c) ELEBBRE may, but is not obliged to analyze, monitor, and/or remove User Content, at its sole discretion, at any time and for any reason, without any notice to the user, remove it if it understands that it violates these Terms, norms of any kind or third party rights, without such removal constituting a violation of freedom of expression or any of your rights..

7. INTELLECTUAL PROPERTY

7.1. All rights relating to the Platform are reserved to ELEBBRE, including with regard to its texts, images, recordings and any other content. All brands presented therein are the property of ELEBBRE, or of partner companies, affiliates, suppliers or refer to products and services for which we have the proper license for their use. It is expressly forbidden to misuse any content or brands presented on the Platform, in any form or medium.

7.2. The user must respect all applicable copyrights and other rights, including intellectual property, applicable to the contents of the Platform. Each work or content present on the ELEBBRE Platform will be governed by its own applicable terms, with the sole and exclusive responsibility of the user to observe all of ELEBBRE's rights.

7.3. The User is aware that the Platform, as well as its structure, organization and source code are valuable trade secrets belonging to ELEBBRE.

7.4. The user must not in any way:
(a) reproduce, use, copy, distribute, allow public access, make available to the public, transform, modify in any way the contents of the ELEBBRE Platform, unless it has prior authorization from the holder of the corresponding rights.
(b) remove any copyright, trademark or other intellectual property right notice;
(c) modify, adapt, translate, prepare or create derivative works, distribute, license, lease, sell, resell, transfer, display, broadcast, transmit or, in any other way, exploit the Platform, except as expressly permitted by ELEBBRE;
(d) decompile, decode, reverse engineer; disassemble; access, consult or otherwise attempt to decipher the Platform's source code;
(e) make or launch any programs or scripts for the purpose of scraping (automated collection of data that simulates users), research or any other way of obtaining data from any part of the Platform, or unduly overloading or impairing the operation and /or functionality of any aspect;
(f) attempt to gain unauthorized access to the Platform or to harm any aspect of the Platform or its related systems or networks;
(g) share your access code to the ELEBBRE platform;
(h) use, in any way, corporate reasons, logos, product or service names, trademarks or service marks of ELEBBRE for private purposes, which do not arise from the regular use of the Platform.

8. USE OF THIRD PARTY PLATFORMS AND CONTENT

8.1. The use of the Platform may be made available and accessed in connection with Third Party Platforms related to ELEBBRE's activities and with third party content, within the limits set forth in the Privacy Policy.
8.2. Third-party Platforms will be subject to their own terms and conditions and ELEBBRE will not be responsible for issues related to transactions or negotiations with these third parties or their content, services, websites, advertisements, links, platforms, practices and/or privacy policies that can be accessed through the Platforms.
8.3. It is the user's responsibility to review all legal terms (including privacy policies and terms of use) of the Third Party Platforms.
8.4. Any obligation, responsibility or commitment that the user may assume when accessing third-party Platforms arise from their exclusive will and action, and ELEBBRE is not, in any way, responsible, nor does it have the capacity to change these Terms of Use.
8.5. If the user accesses the Platform using applications developed for mobile devices based on Apple iOS, Android, Microsoft Windows, belonging to Apple Inc., Google, Inc., Microsoft Corporation, or any others, these companies will be considered third parties in relation to these Terms . ELEBBRE, under no circumstances, will be responsible for these applications, nor for their functioning. It is also up to the user to check the privacy policies and terms of use of these applications.

9. LIMITATION OF LIABILITY

9.1. Platform users are solely and exclusively responsible for their use and navigation and must respect ELEBBRE's Terms of Use and Privacy Policy, as well as the applicable legislation, in addition to the Terms of Use and Privacy Policies of third parties, if applicable.
9.2. Under no circumstances will ELEBBRE be liable for direct or indirect, material or moral, incidental, punitive or consequential damages, including loss of profits, loss of data, associated with, arising from or resulting from, or related to, access, use, impossibility of use or inability to access or use the Platform, even if ELEBBRE has been alerted to the occurrence.
9.3. ELEBBRE will also not be responsible for delays or failures arising from causes beyond its reasonable control, nor for the quality, availability, completeness and confidentiality of the use or access to the Platform.
9.4. Considering the inherent characteristics of the Internet environment, ELEBBRE is not responsible for connection interruptions or suspensions, incomplete computer transmissions or that may fail, as well as for technical failure of any kind, including, but not limited to, malfunctions. any network, “hardware” or “software”.
9.5. The unavailability of access to the Internet or the Site, as well as any incorrect or incomplete information on the “Platform” and any human, technical or any other type of failure in the processing of information on the “Platform” will not be considered as being the responsibility of ELEBBRE disclaiming any liability arising from such facts and/or acts.
9.6. It is the user's sole responsibility to keep their computer environment safe, using available tools such as antivirus and firewall, among others, in order to contribute to the prevention of cyber risks.
9.7. The user may not impute to ELEBBRE any liability, nor demand payment of compensation, in any capacity, due to damages resulting from:
(i) technical difficulties or failures in systems, the Internet or any other type of error; or
(ii) unavailability of the Platform, including when this is due to maintenance or improvements.
9.8. The lack of proper functioning of the Platform will not be a reason for the user to refrain from fulfilling any obligations assumed, especially with regard to those provided for in the contracts entered into with ELEBBRE, in these Terms and in other applicable documents.
9.9. The User is aware that the limitations of liability provided for in these Terms are an essential part of the existence and availability of the Platform.
9.10. Eventual improvements and upgrades of the Platform will not generate the right to compensation, users being aware that technological solutions can evolve permanently.

10. NON-EXISTENCE OF WARRANTIES

10.1. ELEBBRE makes available and allows access and use of the Platform by users as they exist and in the state in which they are, without providing any express, implied or legal guarantee, including availability, suitability for specific uses or systems, absence of violations or errors .
10.2. ELEBBRE does not offer any guarantees, express, implied or legal, not expressly contained in these Terms.
10.3. ELEBBRE also does not guarantee:
(a) the reliability, timeliness, quality, suitability or continued availability of the Platform;
(b) the continuous, uninterrupted operation of the platform, even if it is free of errors or failures;
(c) that the functions contained in the Platform will function in all combinations that may be selected for use.

11. DISCLAIMER OF LIABILITY

11.1. The user agrees to indemnify and hold ELEBBRE, its partners, directors, employees, service providers and agents harmless from any and all claims, charges, damages, liabilities and expenses (including attorney's fees) arising out of or related to:
(a) access and/or use of the Platform;
(b) breach or violation of any provision of these Terms;
(c) ELEBBRE's use of User Content; or
(d) violation of third party rights.

12. OTHER PROVISIONS

12.1. Any questions or requests related to these Terms of Use should be sent to ELEBBRE through sac@elebbre.com.br .

12.2. The tolerance of any breach of any conditions of these Terms of Use will be considered mere liberality and will not constitute novation of the obligations stipulated herein or waiver of any right, nor will it prevent or inhibit the enforceability of the same at any time by ELEBBRE.

12.3. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, that provision will, to that extent, be deemed non-existent for the purposes of these Terms, but the legality, validity and enforceability of the remaining provisions will not be affected.

12.3.1. In such case, the parties will replace the illegal, invalid or unenforceable provision with one that is legal, valid and enforceable and that has similar effect to achieve the purpose described in these Terms.

12.5. Quaisquer disputas ou controvérsias judiciais oriundas de atos praticados no âmbito da Plataforma pelos Usuários, inclusive com relação ao descumprimento dos Termos de Uso, da Política de Privacidade ou relacionadas a direitos dos Usuários, da ELEBBRE e/ou de terceiros serão dirimidas no Foro da Comarca de São Paulo, Brasil.

12.4. In order to resolve any doubts and controversies regarding the content of these Terms, the application of the laws of the Federative Republic of Brazil is hereby established, regardless of the country from which the Platform is accessed.12.5. Any legal disputes or controversies arising from acts performed within the Platform by Users, including with regard to non-compliance with the Terms of Use, the Privacy Policy or related to the rights of Users, ELEBBRE and/or third parties will be settled in the Judicial District Court from Sao Paulo, Brazil.

* * *Version updated on 07/27/2022

BUSINESS TERMS AND CONDITIONS FOR BUYER

PREMISSAS

As plataformas próprias e/ou de terceiros utilizadas pela ELEBBRE (“Plataformas”), sujeitas a estes Termos e Condições dos Negócios para o COMPRADOR (“Termos”), são marketplaces que permitem que os VENDEDORes anunciem seus equipamentos para venda a um público mundial de COMPRADORes. Os COMPRADORes que compram equipamentos por meio de uma dessas “Plataformas” concordam em fazê-lo de acordo com estes “Termos”.O contrato de venda é celebrado diretamente entre VENDEDORes e COMPRADORes. A ELEBBRE, que opera as “Plataformas”, atua como intermediária entre VENDEDORes e COMPRADORes, oferecendo apoio às operações de compra e venda, bem como realizando publicidade, transmitindo informações relevantes da transação, facilitando o pagamento e auxiliando na coordenação da logística e transporte dos Equipamentos adquiridos.Assim, são premissas para a compra de equipamentos através das “Plataformas”:1. As ofertas feitas através das “Plataformas” são vinculativas para o COMPRADOR, e, uma vez aceitas pelo VENDEDOR, não podem ser retiradas, canceladas ou modificadas.2. O COMPRADOR é responsável por todos os impostos, taxas e contribuições aplicáveis, no Brasil ou no Exterior, salvo se o anúncio feito pelo VENDEDOR indicar de outra forma. 3. A entrega do Equipamento ocorrerá nas dependências do VENDEDOR e o COMPRADOR é responsável por todos os riscos e custos desde o estabelecimento do VENDEDOR, incluindo desmontagem e montagem; manuseio especial; carregamento, transporte interno, desembaraço aduaneiro em caso de exportação e importação, movimentação em terminal, transporte em viagem até o destino final, movimentação e descarga na entrega, transferência de titularidade, registro, armazenamento, seguro. Despachos, licenças e serviços administrativos, entre outros, sendo o negócio realizado na modalidade EXW Ex Works (local designado pelo VENDEDOR, Incoterms® 2020).4.O COMPRADOR deve efetuar o pagamento integral do Equipamento adquirido e todos os outros valores devidos, incluindo impostos, taxas, e outros custos aplicáveis no prazo de cinco (5) dias úteis após o fechamento do negócio, desde que a Nota Fiscal tenha sido emitida e lhe entregue nesse prazo. 5.O COMPRADOR tem a obrigação de realizar a retirada do Equipamento em até sete (7) dias úteis após a disponibilidade do equipamento. Caso não o faça, poderá resultar em realocação e/ou armazenamento do equipamento às custas do COMPRADOR. Além disso, se o COMPRADOR não retirar o Equipamento após sessenta (60) dias da data limite para retirada, o Equipamento poderá ser considerado abandonado e descartado, perdendo o COMPRADOR os valores despendidos.6. Eventuais reclamações a respeito da inspeção feita pela ELEBBRE devem ser apresentadas por escrito dentro de vinte e quatro (24) horas após a entrega. A Política de Garantia de Inspeção da ELEBBRE está localizada em https://www.elebbre.com/pt/terms-and-conditions.7. Caso o COMPRADOR atrase qualquer pagamento, incidirá automaticamente em mora, independentemente de qualquer prévio aviso, ficando devedor de multa moratória equivalente a 10% (dez por cento) sobre o valor do equipamento vendido e de juros de mora de 1% (um por cento) ao mês, calculado pro rata die, devendo o valor do débito ser monetariamente atualizado de acordo com a variação do IGPM divulgado pela Fundação Getúlio Vargas.ACEITAÇÃO DOS TERMOS. Antes de você ("COMPRADOR") tentar comprar qualquer Equipamento de um VENDEDOR através de um Marketplace, a ELEBBRE exige que você leia e concorde com os Termos do COMPRADOR. Em seguida, você deve fazer contato com a ELEBBRE, por e-mail. Em resposta, a ELEBBRE confirmará por e-mail que você LEU, ENTENDEU E ACEITOU OS TERMOS E CONDIÇÕES DE COMPRADOR E TODOS OS DEMAIS TERMOS E CONDIÇÕES INCORPORADOS AQUI POR REFERÊNCIA E QUE VOCÊ SERÁ FINANCEIRAMENTE RESPONSÁVEL PELO USO DO MARKEPLACE E COMPRA DE EQUIPAMENTOS. Se você optar por não aceitar os Termos do COMPRADOR, não poderá comprar Equipamentos através dos Marketplaces. Se você tiver alguma dúvida, entre em contato com sac@ELEBBRE.com.br .

1. PLATFORM USE RULES

1.1. Under the conditions described in these Terms, the BUYER is available to use the Platform to purchase Equipment advertised by SELLERS. Each party acts on its own behalf. ELEBBRE is not a party to the business, which is established between a SELLER and a BUYER, unless ELEBBRE is the owner of the Equipment sold.
1.2. Announcement period. The SELLER will determine the period during which its equipment will be available on the Platform for trading.
1.3. BUYER'S CONDUCT. It is prohibited for any BUYER with the aim of artificially influencing the sale price, directly or indirectly, including making an offer through a secondary account, agent or representative, for the purchase of Equipment available for sale on the Platform, communicating with the BUYER or making a complicit offer.
1.4. Platform exclusivity. The BUYER is aware that, during the period in which the equipment is advertised on the Platform, ELEBBRE has exclusivity for its negotiation. Accordingly, the BUYER may not engage in any conduct that implies circumventing and/or exceeding and/or disrespecting, directly or indirectly, in whole or in part, this condition, obliging itself not to enter into contact, not to accept any contact and to inform ELEBBRE from any contact made by an intermediary or by the SELLER, and must refrain from taking or accepting any action that may lead to a direct sale, without the prior written approval of ELEBBRE.
1.5. Inspections. It is the BUYER's responsibility to inspect the Equipment before placing a bid. Equipment advertised for sale through the Platform may be used and may contain defects. If the BUYER makes an offer and acquires Equipment through the Platform without having inspected it, he does so at his sole risk and expense. The BUYER is responsible for the final inspection of the Equipment purchased upon receipt.
1.6. Binding purchase offer. The BUYER is aware that when making an offer to purchase equipment through the Platform, it undertakes as a bidder, under the terms of art. 427 of the Brazilian Civil Code. Once the Offer is formalized, it is irrevocable and irreversible for a period of 1 (one) business day and cannot be withdrawn and the BUYER must complete the transaction as follows:
a) If the BUYER submits an offer for the Equipment that meets or exceeds the minimum price established by the SELLER, the offer will be immediately and automatically accepted by the SELLER, who will also be obliged to conclude the deal;
b) If the BUYER submits an offer for the Equipment for a value lower than the minimum price established by the SELLER, his offer will be valid for 01 (one) business day, during which he cannot withdraw from the deal. Within this period, the SELLER may make a counter-proposal and the BUYER will assess whether or not to accept it, responding within 01 (one) business day.
c) If two BUYERS make binding purchase offers, during the announcement of the Equipment on the Platform, preference for completing the purchase will be given to the first BUYER who has submitted the offer, as registered with ELEBBRE, provided that their offer meets or exceeds the price minimum established by the SELLER. If the first bidder has made an offer for an amount lower than the minimum price established by the SELLER, preference for the acquisition will pass to the second BUYER, provided that the latter has made an offer that meets or exceeds the minimum price established by the SELLER, and so on. If neither of the two BUYERS has made an offer equal to or greater than the minimum price established by the SELLER, then the chronological order will be respected for the purpose of evaluating and negotiating the offers.
1.7. ELEBBRE activities. ELEBBRE, as manager of the Platform, is responsible for mediating the interests of the SELLER and the BUYER, and must communicate to both whether the offers meet common interests and whether the deals are completed. However, ELEBBRE will not be responsible for any errors or omissions related to offers and respective responses. Before ELEBBRE can respond regarding the conclusion of the deal, (i) the offer must meet or exceed the minimum price established by the SELLER; (ii) the offer must be accepted by the SELLER, if in an amount below the minimum price established by the SELLER; or (iii) the BUYER must receive and accept a counteroffer.
1.8. Offer rejection. ELEBBRE reserves the right to reject any offers that it considers: (i) not to have been made in good faith, (ii) intended to manipulate the equipment acquisition process (iii) resulting from errors in applications and/or systems technology and/or user misoperation or (iv) prohibited by any applicable law or regulation.
1.9. Postponement and/or cancellation of announcement. ELEBBRE reserves the right, while the deal has not been concluded, to withdraw, postpone or cancel any advertisement for equipment, at its sole discretion, with or without prior notice, without incurring the obligation to indemnify any party.
1.10. Cancellation of binding obligation. Even if the deal has apparently been completed and a Binding Obligation has been generated for the parties, ELEBBRE reserves the right to cancel any operation, whether or not it has received payment of its commission (i) if it is the result of an application error and /or technological system and/or bad operation by the user, (ii) if it results from a violation committed by the SELLER, or (iii) when ownership of the Equipment is not proven. ELEBBRE's only liability towards the SELLER, in the event of cancellation of the binding obligation, will be the return of funds paid by the BUYER to ELEBBRE, related to the acquisition of the equipment, and which are still in its possession.
1.11. Platform Terms of Use. The BUYER is aware that the use of the Platform is subject to compliance with its Terms of Use, available at the link https://www.elebbre.com/pt/terms-and-conditions.
1.12. Intellectual property. BUYER is aware that : (i) only bid values, advertised prices, data obtained from advertisements or audio/video associated with a sale may be accessed (collectively, "Marketplace Data"), displayed and used for the sole purpose to participate in the acquisition of equipment through the Platform; (ii) may not, directly or indirectly, by any means, without the express and written permission of ELEBBRE, record, capture, store, reproduce, retransmit, redistribute or create works derived from any Platform data;
(iii) ELEBBRE and its partners own all rights, titles and interests in all Platform Data; (iv) you are not authorized to copy, resell, trade or otherwise exploit Platform Data; and (v) must respect ELEBBRE's intellectual property rights, described in the Terms of Use of the Platform (https://www.elebbre.com/pt/terms-and-conditions).
1.13. Declarations. The BUYER declares that:
a) voluntarily, accessed the Platform in order to evaluate the advertisements and, eventually, purchase equipment;
b) ELEBBRE, as Platform manager, does not have the capacity to approach, request, involve, induce, initiate or select any SELLER or BUYER; [MSFdS2]
c) the purpose of the Platform is to connect BUYERS and SELLERS, and any action carried out by ELEBBRE or by an entity acting on its behalf is carried out in accordance with and exclusively with the aim of making the purchase and sale of the Equipment feasible and allowing the conclusion of the business.
d) Be aware that, as operator of the Platform, ELEBBRE accepts and allows all qualified persons to register, buy and/or sell Equipment in accordance with the terms and conditions and policies published on the Site (https://www.elebbre .com/en/terms-and-conditions) and with applicable laws.

2. SALE PRICE, TAXES AND COSTS

2.1. Sale price. For each Equipment purchased from the SELLER through the Platform, the BUYER must pay the amount for its acquisition, as announced ("Sale Price"), to which all taxes and costs involved in disassembly and assembly will be added; special handling; loading, internal transport, customs clearance in the case of export and import, handling in a terminal, transport in travel to the final destination, handling and unloading on delivery, transfer of ownership, registration, licenses, storage, insurance, dispatches and administrative services, among others others. The taxes and costs involved in an operation may be changed or added by ELEBBRE, at its sole discretion, with or without prior notice. Taxes (taxes, fees and contributions) are required according to the legislation in force. Costs will be presented upon request from an interested party or after ELEBBRE receives an offer.
2.2. Payment. The BUYER must remit the sale price and all applicable taxes and costs within five (5) business days after the conclusion of the transaction, subject to receipt of the Invoice within this period. At the discretion of the SELLER, ELEBBRE may facilitate the payment of the sale price, in which case the SELLER will instruct ELEBBRE regarding the applicable conditions and the payment of amounts due by the BUYER will be deposited in an account designated by ELEBBRE. BUYERS must make payments by bank transfer. Any foreign currency exchange fees or charges are your responsibility as the BUYER. The risk of exchange variation is the exclusive responsibility of the BUYER, so that, if until the date of delivery of the equipment there is an exchange variation to the detriment of the SELLER, the sale price must be supplemented. All amounts due must be paid before any Equipment is released for delivery. Upon receipt of payment and completion of all necessary additional documents, the BUYER and SELLER will be notified that the Equipment is available for collection.
2.3. Tributes. All advertised sales prices are net of taxes and, therefore, must be increased, at the BUYER's expense. The BUYER is responsible for all these taxes (municipal, state or federal), of any nature, including exchange closing and financial transactions, if applicable. ELEBBRE assists the BUYER in the calculation of these taxes, but the responsibility for their correction and realization lies with the BUYER, who must validate the published amounts with their professionals. Any differences in tax, more or less, are the responsibility of the BUYER. If there is an overpayment, it is the BUYER's responsibility to request the refund of the overpayment from the competent tax entity. If there is an underpayment, it is the BUYER's responsibility to make the payment, in addition to with all additions, without requiring anything in this regard from ELEBBRE, nor compensation or resulting loss of profits. The BUYER is responsible for providing ELEBBRE with all the necessary documentation (for example, bills of lading, export documents, etc.) within 10 (ten) business days from the date of purchase. ELEBBRE disclaims any responsibility regarding the use of the Platform and the purchase of any Equipment that results in direct or indirect taxes; municipal, state or federal; of any nature, charges, late payment or ex-officio fines; default interest; charges or other penalties imposed on the BUYER. The BUYER is responsible for providing ELEBBRE with all the necessary documentation (for example, bills of lading, export documents, etc.) within 10 (ten) business days from the date of purchase. ELEBBRE disclaims any responsibility regarding the use of the Platform and the purchase of any Equipment that results in direct or indirect taxes; municipal, state or federal; of any nature, charges, late payment or ex-officio fines; default interest; charges or other penalties imposed on the BUYER. The BUYER is responsible for providing ELEBBRE with all the necessary documentation (for example, bills of lading, export documents, etc.) within 10 (ten) business days from the date of purchase. ELEBBRE disclaims any responsibility regarding the use of the Platform and the purchase of any Equipment that results in direct or indirect taxes; municipal, state or federal; of any nature, charges, late payment or ex-officio fines; default interest; charges or other penalties imposed on the BUYER. ELEBBRE disclaims any responsibility regarding the use of the Platform and the purchase of any Equipment that results in direct or indirect taxes; municipal, state or federal; of any nature, charges, late payment or ex-officio fines; default interest; charges or other penalties imposed on the BUYER. ELEBBRE disclaims any responsibility regarding the use of the Platform and the purchase of any Equipment that results in direct or indirect taxes; municipal, state or federal; of any nature, charges, late payment or ex-officio fines; default interest; charges or other penalties imposed on the BUYER.
2.4. BUYER's Responsibilities. THE BUYER:
a) will indemnify ELEBBRE if any taxes, costs or expenses for which it is responsible are charged, due to non-compliance with the law or regulation related to a transaction.
b) has a duty to comply with all laws applicable to your access and use of the Platform and the conclusion of the business.
2.5. Payment authorization. To validate the initiation of communications, after the BUYER has made an offer, ELEBBRE may request an authorization check for zero value in its currency, on its credit card as part of verifying its identity. The BUYER will be asked to provide payment information, indicating name or corporate name; address/headquarters; documents such as RG, CPF and/or CNPJ; billing address; credit card information or account and routing numbers for electronic funds transfer payments, to ELEBBRE or whomever it appoints. BUYER shall pay ELEBBRE for any purchase made in connection with its account pursuant to these BUYER Terms by credit card or electronic funds transfer. The BUYER is aware and agrees that charges related to the transaction will be made by ELEBBRE or its representatives through the debit of such amounts through the credit card provided or an electronic transfer of funds using the routing and account number provided. If the charge is made by ELEBBRE representatives, it will be subject to the terms and conditions that govern the use of the service of that third party, being the responsibility of the BUYER to know these terms and conditions and the privacy policy before using the services.

3. END OF OPERATIONS

3.1. Equipment removal. Once the deal is concluded, the SELLER will deliver the Equipment, the operation being carried out in the EXW - Ex Works modality (place designated by the SELLER, Incoterms® 2020). The BUYER is responsible for dismantling, loading and sending the Equipment for transport, unless otherwise stated in the Equipment advertisement. BUYER must remove the Equipment from SELLER's premises no later than seven (7) business days after it is made available by SELLER, unless otherwise indicated in the advertisement.
3.2. If the BUYER does not remove the equipment within the period established in clause 3.1. above, will be in arrears, regardless of prior notice, and will be subject to the daily fine from the eighth day, inclusive, due in favor of the SELLER, in the following amounts:
a-) from the 8th to the 15th day in the amount of R$ 500.00 per day of delay;
b-) from the 16th to the 30th day in the amount of R$ 5,000.00 per day of delay; It is,
c-) from the 31st onwards in the amount of BRL 10,000.00, per day of delay.
3.3. In the event referred to in clause 3.2., after the 60th day of delay, the BUYER will abandon the equipment, characterizing its lack of interest in ownership of the good, with the consequent loss of right over it.
3.4. In view of the closing of the deal, any delay by the BUYER in the obligation to remove the equipment will not prevent the SELLER from receiving the sale price, nor will ELEBBRE receive its commission.
3.5. In the event referred to in clause 3.4, ELEBBRE shall transfer the sale price, minus the commission, to the SELLER, within one business day after the final deadline for spontaneous removal of the equipment by the BUYER.
3.6. During the entire period in which the abandoned equipment remains in the establishment indicated by the SELLER, after the period of sixty days referred to in clause
3.7. Responsibility for purchased equipment. The responsibility, including the risks of loss, deterioration, theft, damage, among others, in whole or in part, of the Equipment shall be borne by the SELLER until: (a) the BUYER takes possession, by itself or by a designated third party , with collection at the SELLER's establishment within a period of seven (7) business days after availability by the SELLER; or (b) the period of seven (7) business days for withdrawal expires, without the BUYER adopting the necessary measures to do so, resulting in delay. Thereafter, the Equipment shall remain at the full risk and expense of the BUYER or its designated carrier.
3.8. Default If, after five (5) business days after the conclusion of the transaction, provided that he has received the Invoice, the BUYER has not made full payment of the Sale Price and all taxes, costs and expenses due, he will be in default, incurring in arrears, automatically and regardless of prior notice or notification, being liable for a late payment fine equivalent to 10% (ten percent) of the value of the equipment sold and late payment interest of 1% (one percent) per month, calculated pro rata die, and the amount of the debt must be monetarily restated according to the variation of the IGPM published by Fundação Getúlio Vargas. Additionally, the measures below may be adopted, in addition to other remedies available in accordance with applicable law:
i) hire collection agencies and lawyers (whose costs and fees will be passed on to the defaulting BUYER) to collect outstanding amounts;
ii) outstanding amounts may be protested;
iii) carry out the collection, judicial or extrajudicial;
iv) suspend the defaulting BUYER's right to access the Platform and carry out transactions through it;
v) apply any payments or deposits received from the BUYER or its affiliates to the settlement, against offsetting, of outstanding debts, even if only partially; and/or
vi) with the permission of and on behalf of the SELLER, rescind the deal to then re-announce the Equipment, with the SELLER being released from the conditions originally disclosed. In case of rescission of the transaction, the defaulting BUYER will be obliged to pay the punitive, non-compensatory fine, set at 20% (twenty percent) of the value of the transaction, which must be settled within 7 days.
3.9. Abandoned equipment. Unless otherwise stated in the advertisement, if the purchased equipment is not collected within sixty (60) days of its availability, the BUYER's intention to abandon it will be considered typified, even if all due payments have been made. ELEBBRE and the SELLER may take any measures necessary, including, but not limited to, appropriate measures to dispose of the Equipment.
3.10. Costs. BUYER is responsible for all disassembly and assembly costs; special handling; loading, internal transport, customs clearance in the case of export and import, handling in a terminal, transport on trips to the final destination, handling and unloading on delivery, transfer of ownership, registration, storage, insurance. Dispatch, licenses and administrative services, among others, associated with the sale of Equipment from the location disclosed by the SELLER to its final destination. The BUYER, if it so wishes, may hire one of the partners indicated by ELEBBRE to transport the Equipment purchased; however, ELEBBRE will not be responsible for any act or omission resulting from transport. Unless otherwise agreed in writing, the BUYER does not have the right to indicate ELEBBRE as sender/shipper/exporter in any transport/shipment/export documents. When the BUYER deems it necessary, it may accredit ELEBBRE as its attorney-in-fact for the specific purpose of, on its behalf and at its own risk and expense, loading, transporting, sending and/or exporting the Equipment purchased.
3.11. Import or Export. It is the BUYER's responsibility to have all certificates and authorizations, legally required, duly issued and completed, before removing the Equipment; otherwise, the BUYER may suffer legal consequences, as well as may entail compensation, permission and/or other payments, under its sole responsibility, including the possibility of the Equipment being detained at a port of entry or customs office. ELEBBRE cannot provide declarations of origin of manufacture (MSO) on used equipment purchased on the Platform, nor can it be held responsible for the lack of manufacturers or engine identification numbers or serial numbers.
3.12. Completion of the Transaction. The BUYER, in order to demonstrate that it has fulfilled its obligations in order to conclude the transaction, being able to withdraw the Equipment, must provide all relevant information related to the transaction: (a) prove the full payment of the sale price and all taxes, costs and expenses under your responsibility; (b) in the case of carrier services arranged and paid for by the BUYER through the Platform, confirming the relevant information during the payment process, or
(c) in the case of carrier services contracted and paid for by the BUYER outside the Platform, uploading the knowledge boarding pass and other documents requested through the Platform.
3.13. Liens and encumbrances. ELEBBRE will ask the SELLER to inform the liens and encumbrances on the equipment, which will be informed in advance to the BUYER. ELEBBRE will provide for the release of encumbrances and encumbrances on the Equipment advertised on the Platform, insofar as it receives funds from the BUYER. If for any reason ELEBBRE is unable to settle these pledges and encumbrances, ELEBBRE's only responsibility, if any, will be the return of funds made available by the BUYER, canceling the deal. If there are pledges and encumbrances declared by the SELLER, the advertisement and sale of the equipment on the Platform will only be carried out by ELEBBRE with the express consent of the creditor, being authorized, in case of sale, to retain and pass on to the creditor the amount of its credit, in full or in part,