Terms of Use SCOPE

These Terms of Use apply to www.flexsimlive.com and its associated versions in non-English languages, (the ‘Website’). The Website is operated by FLEXSIM BRASIL Group Plc (“FLEXSIM BRASIL”).

Use of the Website is subject to these Terms of Use. Users who do not accept these terms of use are not authorized to use or continue using this Website, and should cease use immediately.

FLEXSIM BRASIL may amend these Terms of Use at any time and any revised version will be effective immediately upon publication on this Website.

In the event of any comments or questions concerning these Terms of Use, users should contact FLEXSIM BRASIL by means of the Contact form provided on the Website.

ACCESS TO AND USE OF THIS WEBSITE

You may cite or refer to the information on the Website in books, online services, or other media but, except as provided below, you may not reproduce or distribute such information in whole or in part without the prior written permission of FLEXSIM BRASIL.

You may not reproduce or distribute any content (whether text or image) from the Website without securing the advance written consent of FLEXSIM BRASIL. To request such permission, please use the Contact form provided, including your name, address, a description of the purpose of your intended distribution and the information you would like to distribute.

You may print, reproduce, and use the information in the Website provided such use is for non-commercial educational purposes only (or which is otherwise permitted under the Copyright Designs and Patents Act 1988), provided that you (i) do not modify such information, and (ii) include any copyright notice originally included with such information and this notice in all such copies.

In accessing any part of this Website, you agree not to:

• use this Website in such a way that disrupts, interferes with or restricts the use of this Website by other users;
• upload, display or transmit any materials through this Website which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world;
• reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of this Website; and
• change, modify, delete, interfere with or misuse data contained on this Website and entered by or relating to any third-party user of this Website.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

FLEXSIM BRASIL will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Website linked to it. You should ensure that you have appropriate protection against viruses and other security arrangements in place whilst using the Internet.

PRIVACY POLICY

Any personal details you submit to FLEXSIM BRASIL through the Website will be processed in accordance with our Privacy Policy. By using the Website, you consent to such processing and you also agree to comply with the terms of our Privacy Policy.

LINKS

You may link to the home page of this Website, provided you do so in a way that does not damage FLEXSIM BRASIL’s reputation or take advantage of it, or which is otherwise in any way detrimental to the Website or FLEXSIM BRASIL. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on FLEXSIM BRASIL’s part where none exists.

You must not establish a link to the Website from any website that is not owned by you.

Links from this Website are provided for information and convenience only and FLEXSIM BRASIL has no control over and cannot therefore accept responsibility or liability for the content of any linked third-party website or for any loss or damage that may arise from your use of them.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. FLEXSIM BRASIL reserves the right to withdraw linking permission without notice.

TRANSACTIONS CONCLUDED THROUGH THE WEBSITE

Contracts for the supply of goods, services or information entered into through this Website will be subject to FLEXSIM BRASIL’s standard terms and conditions of sale/supply which can be provided on request.

LIABILITY

The material displayed on the Website is provided on an ‘as is’ basis, without any guarantees, conditions or warranties as to its accuracy, quality, content, completeness, or adequacy and is subject to change without notice.

To the extent permitted by law, FLEXSIM BRASIL and any third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website, any websites linked to it or from it and any materials posted on it including but not limited to any one or more of the following:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of prospective economic advantage;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect FLEXSIM BRASIL’s liability for death or personal injury arising from any negligence of FLEXSIM BRASIL or any of our employees, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, material contained on the Website is copyright © FLEXSIM BRASIL Group Plc 2007 – 2020 . FLEXSIM BRASIL owns all intellectual property rights in the ‘FLEXSIM BRASIL’ name/logo and all technical infrastructure relating to the Website. Where used, third-party trademarks remain the copyright property of their respective owners.

JURISDICTION

This Website has been designed and these Terms of Use shall be governed by and construed in accordance with Brazilian law. Any dispute arising out of the accessing or use of this Website shall be subject to the non-exclusive jurisdiction of the Brazilian courts.