Terms of Service

BY VISITING ASCENSYA.COM, YOU ACCEPT OUR TERMS AND CONDITIONS.


OVERVIEW


This website is operated by the company ASCÊNSYA. On this site, the terms "we", "us" and "our" refer to ASCÊNSYA. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our site and/or purchasing something from us, you engage our "Services" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms of Service", "Terms"), including any additional terms, conditions and policies referred to herein and/or available by internet link. These Terms of Service apply to all users of the site, including, but not limited to, users browsing the site, suppliers, customers, merchants, and/or content contributors.


Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of use. If you do not accept all the terms and conditions of this agreement, you cannot access the website or use any of the services offered. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.


Any new functionality, or any new tool added to the current site, will also be subject to the Terms. You can consult the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.


It is your responsibility to periodically check this page for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.



SECTION 1 - TERMS OF USE OF THE WEBSITE AND OF THE ONLINE STORE


By accepting these Terms of Use, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your state or province of residence and that you have given your consent to allow any of your minor dependents to use this site.


You may not use our products and/or our site for any illegal or unauthorized purpose, nor may you, through the use of our Services, violate any laws in your jurisdiction (including, but not limit, copyright laws).


You must not transmit computer viruses or code of a malicious nature.


A breach of any of these terms will result in immediate termination of our Services.



SECTION 2 - GENERAL CONDITIONS


We reserve the right to refuse to provide our Services to anyone for any reason at any time.


You understand that your information (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of our Services, use of our Services, access to our Services or any contact on the website through which the service is provided, without express written permission from us.


The section headings used in this agreement are included for convenience only and will not limit or affect these Terms in any way.



SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.


This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.



SECTION 4 - CHANGES TO SERVICE AND PRICES


The prices of our Products and Services are subject to change without notice.


We reserve the right at any time to modify or discontinue our Services (all or part or content thereof) without notice at any time.


We will not be liable to you or to third parties for any modification, price change, suspension or discontinuance of our Services.



SECTION 5 - PRODUCTS OR SERVICES (as applicable)


Some Products or Services may be available exclusively online via the website. These Products or Services may have limited quantities and may only be returned or exchanged in accordance with our Cancelation Policy.

Any request to exercise the right of withdrawal for online purchases and online registrations will be evalutaed as described in our Cancelation Policy.


We strive to display as accurately as possible the colors and images of our products that appear in store. We cannot guarantee that the display of colors on your device screen will be accurate.


We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.


We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any errors made by us will be corrected.



SECTION 6 - ACCURACY OF BILLING AND CUSTOMER ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/telephone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide recent, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers, as well as expiration dates, so that we can complete your transactions and contact you as needed.


For more details, please see our Cancelation Policy.



SECTION 7 - OPTIONAL TOOLS


We may provide you with access to third party tools over which we have no control or input.


You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We disclaim all liability arising out of or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third party provider(s).


We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). These new features and/or services will also be subject to these Terms of Use.



SECTION 8 - THIRD-PARTY LINKS


Certain content, products and services available through our Services may include materials from third parties.


Third-party links on this site may direct you to third-party websites that are not affiliated with our company. We are not responsible for examining or evaluating the content or its accuracy and we do not warrant or assume any liability for any of these third party materials or websites, or any other third party materials, products or services.


We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content or any other transaction made in connection with such third party websites. Please read the policies and practices of these third parties carefully and make sure you understand them before engaging in any transaction.


Complaints, claims, inquiries or questions regarding third party products should be directed to such third parties.



SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER EVALUATIONS


If, at our request, you send certain specific submissions (for example, to participate in contests) or if, without our request, you send ideas, suggestions, proposals, plans or other documents, which whether online, by e-mail, by postal mail or otherwise (generally referred to as "comments"), you agree that we may, at any time, without restriction, modify, copy, publish, distribute, translate and otherwise use the comments you send to us in all media. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) pay compensation for such comments; or (3) to respond to each comment.


We may, but have no obligation to, monitor, edit or remove portions of this content that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates intellectual property. of either party or these Terms of Use.


You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You further agree to ensure that your comments do not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Services or of any website connected to our Services. You may not use a false e-mail address, pretend to be someone other than yourself, mislead, or otherwise mislead third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.


We assume no responsibility for comments posted by you or third parties through our Services.



SECTION 10 - PERSONAL INFORMATION


Personal information that you submit to us through the Site and Online Store is governed by our Privacy Policy.



SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our site or in our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information about our Services or on our associated website is inaccurate, at any time and without notice (including after you have submitted your order).


We undertake no obligation to update, modify or substantiate any information in our Services or on our associated websites, including, but not limited to, pricing information, except as required by law. No specific update or refresh date applied in our Services or on any related website should be taken to indicate that all information about our Services or on any related website has been modified or updated.



SECTION 12 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any local, international, federal, provincial or state regulations, rules, laws or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a way that will affect the functionality or operation of our Services or any related website, other websites or the internet in general; (h) to collect or track the personal information of others; (i) to send spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to circumvent or interfere with the security features of our Services or any related websites, other websites or the internet. We reserve the right to terminate your use of

our Services or any related website for violating any of these prohibited uses.



SECTION 13 - DISCLAIMER OF WARRANTIES; LIMIT OF LIABILITY


We do not warrant that your use of our Services will be uninterrupted, secure, error-free, or timely.


We do not warrant that the results that may be obtained from the use of our Services will be accurate or reliable.


You agree that from time to time we may discontinue our Services for indefinite periods of time or cancel our Services at any time, without notice.


You expressly agree that your use of our Services, or your inability to use them, is at your own risk. The services and all products provided to you through our Services are (unless expressly stated by us) provided "as is" and "as available" for your use, without any warranties or conditions of any kind. either expressed or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.


Under no circumstances will ASCÊNSYA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental , punitive, special or consequential damages of any kind, including without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or any other similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Services or any products purchased using our Services, or for any other claim related in any way to your use of our Services or any products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Services or any content (or product) published, transmitted or otherwise made available through our Services, even if advised of their possibility.


Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.



SECTION 14 – INDEMNIFICATION


You agree to indemnify, defend and release ASCÊNSYA from all liability, as well as our parent company, our subsidiaries, our affiliates, our partners, our officers, our directors, our agents, our subcontractors, our licensors. , our service providers, contractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference or your violation of any law or the rights of a third-party.



SECTION 15 – SEVERABILITY


In the event that any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provision.



SECTION 16 – TERMINATION


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.


These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.


If in our sole judgment you fail to comply with, or we suspect that you have failed to comply with, any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain responsible for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).



SECTION 17 - ENTIRE AGREEMENT


Failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These Terms of Service and any policies or operating rules posted by us on this site or in respect to our Services constitute the entire agreement and understanding between you and us and govern your use of our Services, superseding any agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.



SECTION 18 - APPLICABLE LAW


These Terms of Use and any associated agreement by which we provide Services to you shall be governed by and construed in accordance with the laws of the state of Bahia, Brazil where Ascênsya is registered.



SECTION 19 - CHANGES TO TERMS OF SERVICE


You can review the most recent version of the Terms of Service at any time on this page.


We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for these changes.


Your continued use of or access to our website or Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.



SECTION 20 - CONTACT AND INFORMATION


Questions regarding the Terms of Service should be sent to us at por email at support@ascensya.com or by clicking here.


Last update: January 2022

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