Terms and Conditions
octaEra
The Platformoctaerawas created with much love and respect for nature and the native peoples who are here. On this site, we sell only tickets to 360º immersive and educational experiences (available at www.octaera.com/metaverse ); and monthly access plans(availableem www.octaera.com/exp).
SUMMARY of our usage policy:
- Our products are 100% digital and can be accessed directly through our website.
- All accesses are subject to advance payment and are made available immediately after confirmation of payment for the entry to the experience; or activating your plan.
- We do not refund any amount paid, but if you have any access problems, we will solve them!
- Exchanges are not possible, it is a digital product =)
- When purchasing an experience entry, you will have unlimited access to that experience, and your social contribution will already be applied.
- If you cancel a recurring plan, we will guarantee you access until the end of the contracted period.
- Any questions please contact us:info@octaera.com
Below are the terms of use and user obligations of the 360º octaEra experience platform.
When accessing or using the services provided by “octaEra”(Legal information), via the email address (https://www.octaEra.com and https://www.octaera.com.br) or domain of the service or resource accessed (“Site” or “Platform”), using any means of access, including mobile devices, cell phones, tablets, personal computers, internet browsers and other means of access that are prove fit and suitable for the present purposes, you ("User"), as an individual or, if legal, by its duly appointed representative, declare that you have read, understood, agree and accept, unequivocally declaring that you have the legal capacity to do so, these clauses and conditions, binding and being fully bound by this term of use ("Term of Use") and Privacy Policy and mainly consenting to the access, collection, use, storage, treatment and protection techniques of the User's information for the full execution of the Site's functionalities
The conditions and information presented in this term are in accordance with Brazilian legislation, including the terms of Law no. 13,709/2018 (“LGPD – General Data Protection Law”) and rules related to consumer protection.
(octaEra and User, when together, hereinafter referred to as “Parties”, and individually “Party”)
1. OBJECT
1.1. The purpose of this Term of Use is to regulate the use of the Platform of the site [www.octaEra.com], for any user, without any direct interaction with octaEra (“Platform”).
1.2. The Platform, subject to the features listed above, serves the specific and exclusive purpose of providing access to 360º visits to specific destinations around the world. Within this platform, the User will have access to local information such as photos, videos, cultural information, curiosities about the local nature, traditional music and interaction in our octaEra community. The Platform allows the user free visitation through 360º panorama photos and interaction with the elements available on the way. The platform also has additional features such as Fullscreen, Mute, Enable VR, Clear Hotspots, Radio, User Page, Tour or Game Mode Selection, Missions, Back, Radar and Experience Map.
1.3. The functionalities offered by the Platform may include several options for virtual experiences (“Experience” or “Experiences”), which will be accessed according to the type of Experience chosen by the User.
1.4 Other products, such as travel and expeditions that are not related to Experiences are not included in these Terms of Use.
2. SPECIFIC CONDITIONS OF USE
2.1. In order to access all the benefits of the Platform, the User must register correctly. All information about the collection and processing of your data can be viewed at any time in ourPrivacy Policy .
2.2. For registration on the Platform, the User must be over 18 (eighteen) years old, and civilly capable, in accordance with the legislation in force in Brazil.
2.3. Once registered, the User will be able to access the Experiences by purchasing and paying the amount corresponding to the desired Experience (“Ticket”). The Ticket may be acquired through the following types of plans detailed in clause 3 (“Plan” or “Plans”).
2.3.1. The values of the Experiences and features will be available on the Platform and may be periodically updated.
2.4. The Platform uses the digital structure of the Wix Programs combined with Wix members to operate, so it is recommended that the User access the Wix Terms of Use and Privacy Policy. The Hardware used by the user can influence the quality of the experience.
2.5. In the event that any damage is found committed by absolutely or relatively incapable agents, with or without permission from their parents, guardians or legal representatives, they will be responsible for all acts performed by minors, as provided by law.
2.6. When registering on the Platform, the User must fill in all the required information fields, committing to provide true information, being civilly and criminally responsible for the authenticity of this information and assuming the commitment to update the data informed in case of alteration.
2.7. The User expressly authorizes that the information in his registration and electronic records of access and navigation on the Platform be provided to third parties, in response to the request of the competent authorities, upon formal request from them and in other cases provided for in current legislation, obeyed by all Parties, especially the provisions in this regard as provided for in the General Data Protection Law, Law No. 13,709/2018.
2.8. The User must maintain the confidentiality and secrecy of his login and password to access the Site, adopting the necessary precautions and diligence to prevent its misuse by third parties. In the event of loss, forgetfulness, misplacement, theft and/or theft of the User's login and/or password, the User must immediately report the fact to octaEra, through its service team on the Site, through the service chat available via Website.
2.8.1. The User whose login and/or password has been lost, misplaced, stolen and/or stolen remains responsible for the information provided to the Platform, through the Registration, until the moment of receipt of the communication provided for by octaEra.
2.8.2. Upon receiving communication from the User regarding the loss, misplacement, theft and/or robbery, octaEra will immediately block the User on the Platform, after which it will contact the User, via e-mail, telephone, SMS, message on social networks, among others, to recover your access or, alternatively, as the case may be, to carry out a new Registration.
2.8.3. With the complete Registration, personal information will be used and treated in accordance with the provisions contained in the Privacy Policy, part of the related documents, with which the User expressly declares to be aware.
2.8.4. The User also declares to be aware that the full and perfect use of the Platform will depend on its use in a manner consistent with this Term of Use and the related documentation.
2.8.5. octaEra may, motivated and at its discretion, refuse the Registration of any User.
2.9. This Term of Use will be valid for an indefinite period, linked to the period of use of the Experience by the User, which is acquired on the Platform.
3. PRODUCTS
3.1. The Ticket may be purchased through any of the following Products:
i. Ticket (Entrance fee); or
ii. subscription plans
3.2. In the Ticket mode, the User purchases a single ticket in advance that guarantees access to ONE specific experience. Access and payment are connected directly to the user registered in our system.
3.3. The Subscription Plans will be made available in the following modalities:
i. 1 Month full Access (1 Month Full Access)- This subscription allows the user to access all experiences specified in the plan for a period of 1 month (30 days). Access and payment are connected directly to the User registered in our system. This plan does not renew automatically.
ii. Full Social Access (Monthly Social Access)- This subscription allows the user to access all Experiences for 30 (thirty) days. This plan is automatically renewable after 30 days, but can be canceled at any time by the User.
iii. octaEra BETA Tester (BETA tester)- This subscription allows users who register in our test phases to have free access to certain experience(s) under test, and decided by octaEra.
3.4. Subscription Plans are always paid in advance and are valid for the selected period.
3.5. Monthly plans will automatically renew, unless the User requests cancellation through the Platform, within 5 days. When renewal is carried out, the User will be notified on the Platform.
3.6. In the event of cancellation of the plan(s); Full Social Access, the User will be entitled to access for the remaining days of his contracted plan. One or two week plans cannot be cancelled.We do not refund plan values.
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THE 3.7. The Platform may provide free discount coupons for the purchase of tickets or any subscription plan.
4. PAYMENT METHODS
4.1. For the acquisition of Tickets, the User must make the respective payment in advance.
4.2. Payments will be made through the system Wix Payments, allowing the following forms of payment: Credit Card, Debit, PIX, Boleto; or the system PagSeguro, allowing the following forms of payment: Credit Card, Debit Card, Boleto; or from the platform Paypal, allowing the following forms of payment: Credit Card, Debit Card, Boleto;
4.3. The Payment Platforms are owned and operated by third parties, so it is recommended that the User access the respective Terms of Use and Privacy Policies.
5. USER OBLIGATIONS
5.1. The User's obligations are:
The. provide true, accurate, up-to-date, and complete information when registering with the Platform;
B. use the Platform solely for lawful purposes, any use for purposes outside the original purpose of this Term of Use being prohibited, such as transmitting chain letters, obtaining data, spreading viruses, but not limited to these;
ç. not violate any industrial and intellectual property rights of octaEra, the Platform or third parties in the use of the latter, whether or not related to the Parties;
d. not to use the Platform to store, distribute, transmit, reproduce, or in any way make available to third parties files, messages, drawings, graphics, sounds, images, photographs, computer programs, and any other materials that: (i) violate third party rights of any kind; (ii) contain content that is criminal, defamatory, infamous, violent, pornographic, or contrary to law, morals and good customs; (iii) contain discriminatory content based on sex, race, religion, social status, age, creed, and any other; (iv) contain content that may induce a state of anxiety or fear; (v) induce or incite other Users to get involved in practices that are dangerous, risky, or harmful to their physical and mental integrity; (vi) that contain false, inaccurate, exaggerated information, or that in any way mislead as to the User's real intentions; (vii) are contrary to the honor, reputation, intimacy and privacy of any person; (viii) constitute illegal or misleading advertising, and/or unfair competition; and/or (ix) cause difficulties for the normal operation of the Site, among others that may be harmful to third parties, the Site and the Platform;
e. not to use the means made available for the purposes of the Platform, through any electronic means, to commit and/or attempt to commit acts that aim to: (i) obtain unauthorized access to another computer, server or network; (ii) disrupt service, servers, or computer network through any unlawful method; (iii) circumvent any authentication or security system; (iv) surveil or harass others; and/or (v) access confidential information of any nature, such as data from other Users, especially passwords for internet access that are vulnerable;
f. maintain, at its own expense and under its sole responsibility, a telecommunication line, cell phone or landline, cell phone, computer or tablet, communication website, e-mail address and other resources necessary for using the Platform.
g. be solely responsible for the information entered on the Platform at the time of registration, including personal information, in addition to permissions, passwords and mode of use, as well as those disclosed in its own means, fully exempting octaEra, which under no circumstances will be responsible for the registration or for any revision of the information, at any time;
H. maintain protection of its own system, at its expense, against fraud and cyber attacks of any form and nature; and
i. if the User believes that his login and password to access the Platform have been appropriated by others and/or are known to other people, for any reason, he must immediately notify octaEra in writing through the Site's service, without prejudice to the use of the immediate password change feature through the Site itself.
5.2. To make complaints about errors, distortions, paralysis and other errors on the Site, or even if the User feels harmed in its use, he should contact the Platform's service team, through the email info@octaera.com
6. OCTAERA'S OBLIGATIONS
6.1. octaEra's obligations are:
a. Provide, following the acceptance of this Term of Use, access data to the Platform for the deadlines established herein and in the rest of the documentation;
b. change the specifications and/or characteristics of the Platform for the improvement and/or correction of errors;
c. Fulfill and enforce your obligations in this Term of Use, provided that it is within your responsibilities and those of third parties, with emphasis, but not limited to, carrying out the operation and enabling its use;
d. make best efforts to keep the User's financial, account and personal information, as well as access records, in secrecy, under the terms of these Terms of Use, except for legal determinations to the contrary and provisions set forth in the documents.
7. COOKIES
7.1. The User understands and authorizes the Platform to use technical tools known as cookies, or similar, to access information about their User account in order to offer a better and more personalized service.
7.2. The User declares that he is aware that there is the possibility of configuring his browser to be notified, on the computer screen, of the receipt of cookies, and to prevent their installation on the hard disk. Information relevant to this configuration is available in instructions and manuals of the browser itself.
7.3. In order to use the Website and/or the Platform, it is not necessary for the User to allow the reception of cookies, without prejudice to the fact that, in such case, it will be necessary for the User to register each time he/she accesses an area that requires prior identification.
7.4. Whenever the option that prevents the installation of cookies has not been activated, the User will be able to search the hard disk of his computer, according to the instructions of the browser itself, and manually remove any cookies.
8. PLATFORM ACCESS AVAILABILITY
8.1. Despite all octaEra's efforts to keep the Platform in full operation, the User is aware and agrees that access to both may be temporarily unavailable, at any time, in case of: (i) failures in the operation of servers, companies electricity suppliers and telecommunications service providers; (ii) acts of God, force majeure, actions or omissions of third parties or the User and other acts that are not under the control of octaEra; (iii) that result from the equipment, website or other technologies used by the User that prevent regular access to the Platform; (iv) that result from failures of individual instances not attributable to the unavailability of octaEra; (vi) that result from network management practices that may affect the quality of the Platform; or, still, (vii) that result from the use of plugins or other accessories that may be made available to improve the User's experience, but are not the responsibility of octaEra.
8.2. Without prejudice to the above, the use of applications for browsing the Platform and/or the Platform, such as a browser (browser), accessory programs (plugins) and others, is governed by specific rules established by the manufacturers of these products. Under no circumstances will octaEra be held liable for problems or damages that these accessory programs may cause to the User's computers, nor will it be liable if the malfunctioning of these accessory programs impacts the availability of octaEra's services.
8.3. Under the terms of the Clause above, any issues related to third-party accessories, programs and products that may be part of the operation now offered by octaEra, such as malfunctions, temporary unavailability, etc., will be the sole responsibility of such third parties - manufacturers, distributors and others –, fully exempting octaEra from any liability or obligation that may arise.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY
9.1. octaEra is the owner or has the proper license of all rights, title and participation pertinent to the services object of the present operation of the Platform, including all rights related to intellectual property and any and all property rights, including all applications, renewals, related extensions and restorations, particularly including but not limited to trade names, trademarks, service marks, insignia, trade dress, domain names, slogans, layout, logos, symbols and other distinctive signs and design elements visual identification, copyright, Site and/or Platform, invention patents, utility models, industrial designs, know-how and trade secrets, whether such rights are registered or not, used for the User's services, in compliance with the applicable legislation regarding to intellectual and industrial property rights.
9.2. The User may not modify, adapt, translate, prepare derivative works, decompile, reverse engineer, disassemble, or attempt in any way to alter the image, layout, composition or any other characteristic of the services, images, videos and other products made available by octaEra as a result of this use and the respective documents, being strictly prohibited, under penalty of application of the applicable legal measures, any use of the system that results in violation of copyright, copying its properties or creating competing solutions.
9.3. The reproduction, transmission and distribution of such materials are not permitted without the express written consent of octaEra, especially for economic or commercial purposes.
10. EXCLUSION OF LIABILITY
10.1. octaEra is not responsible for any damages, of any nature, that may arise to third parties, as a result of offensive conduct or in any way improper by the User, or in general contrary to current legislation.
10.2. octaEra is not responsible for damages caused by irregular or inappropriate use of the Platform by the User, who is also aware that access to the services provided by octaEra, whether or not through the Platform, depends on the simultaneous functionality of several factors, some unrelated to the octaEra's control, such as the interaction of servers and third-party telecommunications services, enabling the use of cookies, adapting the User's equipment, and others, not being limited to these. Thus, octaEra is exempt from any responsibility for failures resulting from any impossibility of access, or even from other procedures necessary for the execution of the operation, for reasons or third parties that are beyond its control and diligence.
10.3. octaEra is not responsible, under any circumstances, for the quality and security of the network used by the User to access the Platform, since it is maintained by third parties and, therefore, beyond its control, diligence and responsibility.
10.4. octaEra recommends the use of properly secure and up-to-date tools and technology (hardware and/or software) for access. Thus, any use by the User of outdated tools and technology, not considered safe, will be at the User's own risk and expense, octaEra being exempt from any liability for damages, of any nature, borne by the User.
10.5. Although it uses its best efforts, considering the characteristics of computer systems, octaEra is not responsible for acts of third parties that succeed in collecting or using, by any means, registration data and information made available by the User.
11. PENALTIES
11.1. Violation by the User of any of the provisions contained in this Term of Use may result in the immediate cancellation, by octaEra, of his access to the Platform, if applicable and regardless of any notice or notification, without prejudice to the User being liable for any damages caused, in addition to criminal and civil sanctions, according to their conduct, under the terms of the legislation in force in Brazil.
11.2. octaEra reserves the right to refuse the new registration of the User who has violated any of the clauses inserted in this Term of Use.
12. REPRESENTATIONS AND WARRANTIES
12.1. The parties declare that they do not commit any act that violates human rights, especially those protected by the Constitution, as well as illegal or slave labor, acts that imply or result in torture, physical or mental, acts that threaten health and safety in workplaces, or any discrimination based on race, nationality, religion, sexual orientation, age, physical or mental disability, nor does it support any other form of discrimination or harassment.
12.2. Any and all activities carried out by either Party shall be the sole responsibility of the party that carried out the activity, including, by way of example and without limitation, civil, administrative, labor and/or tax obligations, relating to consumer protection, social security norms or tax obligations that it assumes, at any time or that, in any way or reason, may give rise to it, and undertakes never to practice or omit in the face of any act that, in any way, may tarnish its image or expose it to any risk to the other Party, of any nature
12.3. The User declares to be aware of the rights and obligations arising from this Term of Use, which constitutes the complete agreement between the Parties, and also to have read, understood and accepted all the terms and conditions provided.
12.4. The User declares that he was duly informed about the Privacy Policy and environments for the protection of confidential information, personal data and access records, freely and expressly consenting to the actions of collection, use, storage and treatment of information
13. CANCELLATIONS/RETURNS BY USER
13.1. The User may cancel the Plans at any time, at its sole discretion, through the Platform or by sending an email directly to info@octaera.com or through our contact form.
13.2. If the necessary information is received within 05 (days) of the last day of the month, the cancellation of the Experience will be immediately operated by octaEra, until the first working day following the aforementioned receipt,no refund by the octaEra of no amount already paid for the Experience.
14. FINAL PROVISIONS
14.1. Considering that the internet is a mutable system and is in constant evolution, it is essential that the companies that operate through it also keep up to date, in order to seek the best possible communication with its Users, octaEra reserves the right to, at any time and at its sole discretion, amend or amend these Terms of Use and its Privacy Policy (“Updated Terms”) available at, respectively, [www.octaEra.com/terms] and [https://www.octaEra.com/terms]. iubenda.com/privacy-policy/21033757], by means of communication in the email indicated by the User in his registration, or by means of a notice in the Software. The User hereby accepts that the Updated Terms will be made available through the address [www.octaEra.com/terms], undertake to read them in full and, if you do not agree with the Updated Terms, we suggest that you stop using our Services immediately.
14.2 The rights and obligations agreed herein, as well as any password to access the Platform, may not be transferred by the User to third parties, under any condition, and its improper use exempts octaEra from any responsibility.
14.3. Tolerance, by either Party, of breaching the clauses and provisions contained in this Term of Use and/or the Privacy Policy, as well as the practice of any acts or procedures not expressly provided for, will be considered mere liberality, not setting a precedent. or contractual renewal.
14.4. The activities carried out by octaEra are not considered risky, and the strict liability provided for in article 927, sole paragraph, of the Civil Code is not applicable.
15. JURISDICTION AND APPLICABLE LAW
15.1. If we have a problem, the city of São Paulo, State of São Paulo, is elected to resolve any demand arising from this Term of Use and/or other documents. This Term of Use and other documents, and all aspects of the legal relationship established by them will be governed and interpreted by the laws of the Federative Republic of Brazil
16. ADDITIONAL INFORMATION
16.1 Social - A percentage of your entry will go towards our social projects
16.2. Company and Contact Information
i. For legal information, visit Legal Notices
ii. For contact, complaints, compliments, partnerships and suggestions, contact info@octaera.com or contact us using our contact form