Definitions and legal references
- Agreement
- Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
- Owner
- João Aparício, hereinafter defined as ginasiovirtual.com in this document.
- Service
- The service provided by this Site as described in these Terms and on this Site.
- Terms
- Provisions applicable to the use of this Site and Services in this or other related documents are subject to change from time to time without notice.
- User
- The natural or legal person who uses this Site.
This document is an agreement between you and ginasiovirtual.com.
You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound by and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”), and any additional terms that apply.
These Terms govern
- the conditions allowing the use of this website, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding manner. Capitalized words are defined in appropriate sections of this document.
The User must read this document carefully.
If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this site.
Owner Contact Email: geral@ginasiovirtual.com
Summary of what the User should know
- Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those users who do not qualify as Consumers. Such limitations are always explicitly mentioned in each applicable section. In the absence of any mention, the sections apply to all Users.
Terms of Use
Unique or additional conditions of use or access may apply in specific cases and are additionally indicated in this document.
By using this Site, Users confirm to meet the following requirements:
- There are no restrictions on Users in terms of being Business/Commercial Users or Consumers.
Content on this Site
Unless otherwise specified, all Content on the Site is provided or owned by the Owner or its licensors.
The Owner has made every effort to ensure that the Content of the Website does not violate any legal provisions or third party rights. However, it is not always possible to achieve such a result.
In such cases, the User is requested to report complaints using the contact details specified in this document.
Rights to the content of this website – All rights reserved
The Owner reserves and owns all intellectual property rights to any content.
Users may therefore not use such content in any way that is not necessary or implicit in the proper use of the Site/Service.
In particular, but without limitation, Users may not transmit, copy, save, download, print, share (beyond the limits set out below), transform, modify, translate, publish, broadcast, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow third parties to do so through the User or his/her device, even without the User's knowledge.
When explicitly stated on this Site, the User may download, copy and/or share some content available through this Site for his/her sole personal and non-commercial use and provided that the copyright attributions and all other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall not be affected.
Access to external resources
Through this Website, Users may have access to external resources provided by third parties. The User acknowledges and accepts that the Owner has no control over such resources and is therefore not responsible for their content and availability.
The conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from the terms and conditions of each of them or, in the absence of those, applicable statutory law.
Acceptable use
This Site and the Service may only be used within the scope of what is intended, under the terms of these Terms and applicable legislation.
Users are solely responsible for ensuring that their use of this Site and/or the Service does not violate any applicable laws, regulations or third party rights.
Liability and Compensation
Information for Users residing in Brazil
Indemnity
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees from and against any claim or demand, including but not limited to reasonable attorneys' fees and costs, made by any third party due to or in connection with any wrongful use of or connection with the Service, violation of these Terms, violation of any third party rights or legal provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent permitted by applicable law.
Limitation of liability
Unless explicitly stated and without prejudice to the legal provisions applicable to product liability, Users shall not be entitled to seek compensation against the Owner (or any natural or legal person acting on their behalf).
This does not apply to damage to life, health or physical integrity, damage arising from the breach of an essential contractual obligation, such as any obligation strictly necessary to achieve the purpose of the contract, and/or damage resulting from intent or gross negligence, provided that this Website has been duly and correctly used by the User.
Unless the damage was caused by intent or gross negligence, or affects life, health or physical integrity, the Owner shall only be liable to the extent of the damage that was typical and foreseeable at the time the contract was concluded.
In particular, within the limits set out above, the Owner shall not be liable for:
- any loss of business opportunities and any other loss, even indirect, which may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of this Site due to acts of force majeure, or unforeseen and unpredictable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or interruptions of telephone or electricity lines, Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of third-party products, services or applications;
- any losses that are not a direct consequence of a breach of the Terms by the Owner;
Australian users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any warranty, condition, guarantee, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability that is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the res.-performance of the services or the payment of the cost of having the services performed again.
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Disclaimer of Warranties
This website is provided strictly on an “as is” and “as available” basis. Use of the Service is at the User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations and warranties – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet the User’s requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk and Users will be solely responsible for any damage to the User’s computer system or mobile device or loss of data that results from such download or the User’s use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner will not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or not function properly with the User’s browser, mobile device and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from the Service’s content, operation or use of this Service.
Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of Liability
To the extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with the use of or inability to use the Service; and
- any harm, loss or damage resulting from hacking, tampering or other unauthorized access or use of the Service or user account or the information contained therein;
- any errors, mistakes or inaccuracies in content;
- bodily injury or property damage, of any nature, resulting from the User's access to or use of the Service;
- any unauthorized access to or use of the Owner's secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, Trojan horses or the like may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and/or
- the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by the User to the Owner in the preceding 12 months, or the period of duration of this agreement between the Owner and the User, whichever is shorter.
This limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the Owner has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions and limitations of liability under the terms will not apply to the extent prohibited by applicable law.
Indemnity
The User agrees to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorneys' fees and expenses, arising from
- User's use of and access to the Service, including any data or content transmitted or received by User;
- User's breach of these terms, including, but not limited to, User's breach of any of the representations and warranties set forth in these terms;
- User's violation of any third party rights, including, but not limited to, any privacy rights or intellectual property rights;
- User's violation of any law, statutory rule or regulation;
- any content that is sent from the User's account, including access to third parties using the User's username, password or other unique security measure, if applicable, including, but not limited to, misleading, false or inaccurate information;
- Intentional misconduct by the user; or
- statutory provision by User or its affiliates, directors, agents, co-branders, partners, suppliers and employees to the extent permitted by applicable law.
Common provisions
Absence of Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any right or provision. No waiver shall be deemed a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing Users accordingly.
Within the limits of the law, the Owner may also decide to suspend or terminate the Service completely. If the Service is terminated, the Owner will cooperate with Users to allow them to withdraw personal data or information in accordance with applicable law.
Furthermore, the Service may not be available due to reasons beyond the Owner’s reasonable control, such as “force majeure” (e.g. labor disputes, infrastructure breakdowns or blackouts, etc.).
Add new service
Users may not reproduce, duplicate, copy, sell, resell or exploit any part of this Site and its Service without the Owner's express prior written permission, granted directly or through a legitimate resale program.
Privacy Policy
To learn more about the use of your Personal Data, Users can consult the privacy policy of this Website.
Intellectual property rights
Any intellectual property rights, such as copyright, trademark rights, patent rights and design rights relating to this Website are the exclusive property of the Owner or its licensors.
Any trademarks and all other marks, trade names, service marks, word marks, illustrations, images or logos appearing in connection with this Site and/or the Service are the exclusive property of the Owner or its licensors.
Such intellectual property rights are protected by applicable laws or international treaties relating to intellectual property.
Changes
The Owner reserves the right to change or modify these Terms at any time. In such cases, the Owner will appropriately inform the User about these changes.
Such changes will only affect the relationship with the User for the future.
Continued use of the Site and/or Service will signify User’s acceptance of the Revised Terms.
Failure to accept the Revised Terms may entitle either party to terminate the Agreement.
Any change to these Terms must be communicated in writing no later than one month before it comes into effect. If Consumers do not accept the modified Terms, they shall have the right to terminate the Contract without any penalty or right to claim compensation up to four months after the day on which the modified Terms come into effect.
Contract assignment
The Owner reserves the right to transfer, assign, dispose of or subcontract all rights under these Terms. Provisions regarding changes to these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
This type of service allows you to manage a database of email contacts, telephone contacts or any other contact information to communicate with the User. These services may also collect data about the date and time the message was viewed by the User, as well as when the User interacted with it, such as by clicking on links included in the message.
All communications regarding the use of this Site must be sent using the contact information indicated in this document.
Severity
If any of these Terms is found to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision will not affect the validity of the remaining provisions, which will remain in full force and effect.
Information for Users residing in Brazil
If any provision of these Terms is or is considered void, invalid or unenforceable, the parties will do their best to find, in an amicable manner, an agreement on valid and enforceable provisions, thus replacing the void, invalid or unenforceable parts.
In case of failure, void, invalid or unenforceable provisions will be replaced by the applicable legal provisions, if so permitted or declared by applicable law.
Without prejudice to the foregoing, the nullity, invalidity or impossibility of enforcing a particular provision of these Terms will not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the agreement if they had known that the clause would not be valid, or in cases where the remaining clauses would translate into an unacceptable hardship for either party.
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Any invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably necessary to make it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the maximum extent permitted by law.
governing law
These Terms are governed by the law of the following location, without regard to principles of conflict of laws:
Exception for European consumers
However, regardless of the above, if the User qualifies as a European Consumer and has his/her habitual residence in a country where the law provides for a higher standard of consumer protection, such higher standards shall prevail.
Election Forum
The exclusive jurisdiction to decide on any dispute arising from or related to these Terms lies with the courts of the place where the Owner is located, as displayed in the relevant section of this document.
Exception for European consumers
The above does not apply to any Users who qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Remaining Contractual Conditions
This Agreement will continue in effect until terminated by this Site or the User. Upon termination, those provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including, but not limited to, the following:
- User's license grant under these Terms will survive indefinitely
- User's indemnification obligations will survive for a period of five years from the date of termination
- the disclaimer of warranties and representations, and the provisions under the section containing indemnification and limitation of liability provisions, shall survive indefinitely.
Last updated December 14, 2024