TERMS AND CONDITIONS OF USE
Before using any service of this website, you must read and agree with all terms and conditions of VAIVO TECNOLOGIA.
That way, before accepting, be sure that you understood and are in accordance with the whole content of the present terms and conditions of use.
Minors under 18 (eighteen) years old are forbidden to send personal data from their own or from third parties, and cannot use and operate any service supplied by VAIVO TECNOLOGIA.
In the present “Terms and Conditions of Use” the following expressions will have the meanings below:
Site (www.vaivo.com): Website property of VAIVO TECNOLOGIA.
Term(s): Referring to the present document.
User: All individual or juridical entity adhering to the present Term and uses the Website to buy or sell crypto-currency, as well as other services and information supplied by VAIVO TECNOLOGIA.
Crypto-currency: Subgroup of digital tokens decentralized or centralized.
Bitcoin: Virtual currency or crypto-currency, decentralized.
Purchase amount: it means the amount the User is paying to buy a crypto-currency.
Selling amount: it means the amount the user is selling a crypto-currency.
Price: Amount attributed to a crypto-currency.
Operations: Purchase, sell or exchange of crypto-currency.
The website (www.viavo.com) is sponsored by VAIVO TECNOLOGIA E PROCESSAMENTO LTDA, company registered at CNPJ under number 13.331.112/0001-77.
The website offers to its Users a platform to buy, sell and exchange crypto-currency from the Users themselves. Through the website, the User can sell or exchange their crypto-currency with other Users, or buy crypto-currency from other Users.
VAIVO TECNOLOGIA does not buy nor sell crypto-currency. The website only allows the approach between Users that want to buy or sell their own crypto-currency and offers functionalities to make it easier and give safety to these transactions.
Any information that can be announced by the company to you does not constitute advice of investment, it is only a way to keep you informed.
BEFORE REGISTERING AND OPERATING THROUGH THE WEBSITE, UNDERSTAND WHAT IS BITCOIN.
Bitcoin is a “crypto-currency”, which creation and transference is based on protocols of open code of encryption, independently of any central authority. It allows people autonomy over their finances and capacity of transferring freely and an easier way. That is, a Bitcoin can be transferred by a computer or even a smartphone, without the need of using an intermediary financial institution. This way, who has a Bitcoin can sell it, transfer it to other person or use it to buy products or services at several websites on the Web (that accept Bitcoin as payment, obviously). It is the Users’ responsibility to adopt good practices in order to protect himself/herself. It is the Users’ responsibility to consult, regularly, the “Blockchain”.
The value of Bitcoin, as well as it occurs with traditional currencies, suffers variations of market/prices. The price of a Bitcoin can, unpredictably, increase or diminish throughout a short period of time. The User can follow the price of Bitcoin by the website or other Web sources.
It is important to remember that in case the User is still in doubt over the functionalities of Bitcoin/Crypt-coin it must, before registering in the Website and operate (buy Bitcoin), to search for other sources of information besides those presented in this Term.
To store Bitcoins the User must have a virtual book (wallet).
REGISTRATION OF USERS
For operations though the Website, the User has to, initially, read and accept all terms of the present “Terms and Conditions of Use” from VAIVO TECNOLOGIA and only after that, perform the Registration.
The Registration of Users is done through filling in the requested data in the Website, in special e-mail address, number of personal or juridical entity ID and bank account, that are submitted to validation by the Website system.
* It is only allowed the registration of an account by an individual or juridical entity.
** Minors under 18 (eighteen) years old and the ones considered incapable cannot register in the Website.
*** In case the User is a juridical entity, the registration will be only valid if performed by a legal representative properly authorized to do so.
VAIVO TECNOLOGIA is not responsible for information supplied by each User when registering, for such information is exclusively the User’s responsibility.
The User is civil and criminally obligated for giving all the personal data (updated and complete). The User is also aware that giving false information or using third parties data in his/her name constitutes crime by the Brazilian Penal Code, where the User is exclusively responsible for answering to the competent authorities eventual damages caused, exempting VAIVO TECNOLOGIA of all and any responsibility, of any title.
VAIVO TECNOLOGIA can at its own discretion, request to Users documents and additional information in order to maintain Registration. In case the documents required are not presented by the User within the term prescribed, this User can have the registration suspended or canceled. Such situation can also occur in case of addition of false or incomplete information. In any case VAIVO TECNOLOGIA can suspend or cancel definitely the access of such User to all services and functionalities of the Website, without prejudice of other measures permitted by law.
VAIVO TECNOLOGIA can at its own discretion, refuse any request of Registration and/or suspend/cancel a Registration existent, specially in case of:
Disobedience or violation of any arrangement of this Term;
Impossibility of verification, incompatibility or inconsistency in the User’s identity data or verification of falsity in any information supplied;
Practice from the User of fraud, malicious acts or adoption of any behavior that, according to VAIVO TECNOLOGIA, is not compatible to the objectives of the Website;
OF PURCHASE AND SELLS CRYPT-COINS
For operations with crypto-currencies through the Site, the User must previously have made the Registration and have accepted all the provisions of this Terms and Conditions of Use.
The User acknowledges that Bitcoin / Crypto-currencies, as well as any traditional currency, suffers from market / price fluctuations, as well as having price differentiation when buying and selling.
LOG IN AND PASSWORD
When making your Registration, the User must create a "username" (log-in) and a password to access your account on the Site.
The "log-in" name may not look similar to the name "VAIVO". You can also cancel registrations made with "log-in" considered offensive.
The log-in and password are personal and non-transferable and should not be informed by the User to any third parties. In the event that the User becomes aware that any third party has access to their log-in and password, or from any use or unauthorized access to their account on the Site by a third party, the User shall promptly request the password change on the Site, through the "Change Password" option in the "Settings" menu, and communicate the fact to the VAIVO.
The User will be solely responsible for the operations of the purchase, sale or exchange of encrypts made in his account on the Site.
HOW TO BUY AND SELL CRYPTO-CURRENCIES
The User who wishes to sell his Crypto-currencies to other Users must publish a Sales Order on the Site, by completing the form available on the Site in the "Orders" option. Before publishing your Sales Order, the User must have transferred the pre-tended crypto-currencies to his/her account on the Site.
The User acknowledges that each Sales Order published by him on the Site represents a firm offer to sell the crypto-currencies referred to in the Sales Order at the price indicated by the User himself. Thus, User acknowledges that after the acceptance of his Sales Order by another User, the sale of the crypto-currencies object of the Sales Order will be automatically performed by the Site and may not be undone or modified. Once the Sales Order is accepted by any User, the crypto-currencies object of the Sales Order will be automatically transferred to the Accepting User account. The User may cancel any Order of Sale only prior to its acceptance by another User.
The User who wishes to buy crypto-currencies from other Users must publish on the Site a Purchase Order, by completing the form available on the Site in the "Orders" option. Before publishing your Purchase Order, the User must have transferred the value of the Purchase Order, in Reais, to VAIVO TECNOLOGIA, through the forms of payment made available on the Site.
The User acknowledges that each Purchase Order published by him on the Site represents a firm offer to purchase the Crypto-currencies referred to in the Purchase Order at the price indicated by the User himself. Thus, the User acknowledges that, after acceptance of its Purchase Order by another User, the purchase of the crypto-currencies object of the Purchase Order will be automatically performed by the Site and may not be undone or modified. Once the Purchase Order is accepted by any User, the value, in Reais, of said purchase will be automatically transferred by the Site to the account of the accepting User. The User may cancel any Purchase Order only prior to its acceptance by another User.
* The User declares that the sale transaction, after confirmation, is irreversible, that is, it cannot be undone and / or modified.
The User must be aware that any Sales Order or Purchase Order issued by him may be partially accepted by another User. Thus, for example, if the User publishes a Purchase Order of 10 Bitcoins, another User may partially accept this Order and agree to the sale of 6 Bitcoins for the price specified therein. In that case, the remainder of the Purchase Order may be canceled by the User who published it, or it may keep it in force, pending other Users to agree to sell the remaining Bitcoins at the price of the Purchase Order up to the limit of the remaining quantity Order.
In the event that the User wishes to cancel a Sales Order published by it and still does not accept it by another User, the User issuing the canceled Order may, through the Site, withdraw its Bitcoins and transfer it to another storage location.
VAIVO TECNOLOGIA is not a party nor shall it be considered a party to any of the purchase and sale transactions carried out by Users through the Site and shall not be responsible for the effective fulfillment of the obligations assumed by Users in these transactions.
The User acknowledges and accepts that, when negotiating with other Users, he / she does so at his / her own risk, recognizing VAIVO TECNOLOGIA only as a provider of virtual space availability services for negotiation among Users. In no event shall VAIVO TECNOLOGIA be liable for any losses, damages, losses or lost profits that the User may suffer due to the negotiations carried out or not carried out through the Site.
The User must make sure that he has correctly registered his bank details for the transfer of amounts in Reais and the address of his place of storage of currencies (wallet) for the future withdrawal of Crypto-currencies from the Site. VAIVO TECNOLOGIA is not responsible for any errors made by the User in the registration of your bank information or wallet address.
VAIVO TECNOLOGIA recommends that every transaction be carried out with caution, common sense and an adequate level of understanding by the User participating.
Registration on the Site is free.
The User will pay the fees charged by the Site only to perform the following operations:
(a) Deposit of amounts in Reais for the purchase of Crypto-currencies: The Commission does not charge the amount deposited, when the User makes a deposit in Reais for the purchase of Crypto-currency through the Site.
(b) Cash withdrawal in Reais: Both the User who sells its Bitcoins through the Site, and the User who, when depositing amounts in Reais, does not use them in full for the purchase of Bitcoins, will pay the Site Commission for withdrawal of the values in Reais. Thus, at the time of withdrawal, the balance in Reais will be transferred to the User, after deducting the value of the Commission.
(c) Execution of Sales Orders or Exchange: The publication of an order of sale or exchange of Crypto-currencies on the Site is free. However, if this Sales Order is accepted, in whole or in part, by another User, a User Commission that publishes the Order will be charged. Thus, the balance in Reais available for withdrawal by this User will be the sale value of its Bitcoins, already discounted the value of the Commission.
(d) Execution of Purchase Order: The publication of an Order of Purchase of Crypto-currencies in the Site is free. However, if this Purchase Order is accepted, totally or partially, by another User, a User's Commission that publishes the Order will be charged. Thus, the balance in Reais available to the User who publishes a Purchase Order will be the amount deposited by him, already discounting the value of the Commission.
The value of all Fees charged by the Site shall be presented to the User, in a clear manner, at the time of the User's registration of a deposit notice or a request for withdrawal of Reais on the Site, as well as at the time of publication of a Purchase Order or a Sales Order.
To know the Commissions, Deadlines and Limits currently charged by the Site, access the link (https://vaivo.zendesk.com/hc/pt-br).
ADD THIRD-PARTY ACCOUNTS
The owner of SmartWallet is aware that the data registered for third-party accounts are entirely his/her responsibility.
VAIVO TECNOLOGIA is not responsible for the information provided by the owner of SmartWallet.
If there is a conflict of accounts in SmartWallet, only the holder of the account will remain with the same registered, and VAIVO TECNOLOGIA can exclude without prior communication data registered in third-party portfolios.
VAIVO TECNOLOGIA may communicate to COAF or any other body deemed necessary, at any time, if it considers that this or any other transaction is deemed to be fraudulent or that may be violating any law of the national financial system.
VAIVO TECNOLOGIA may contact the third party to verify and / or approve the data without prior notice to the holder of SmartWallet.
The User declares that he/she is aware that he/she must take the necessary measures to carry out the operations with the greatest possible safety.
The User must use reliable and secure server e-mail, with strong password, reliable and of its exclusive knowledge, avoiding using the same password for other operations carried out on the Internet.
VAIVO TECNOLOGIA, in turn, uses the most modern security measures in order to guarantee the protection of its data and its Users.
Passwords should not be disclosed to third parties and should be protected against unauthorized access. VAIVO TECNOLOGIA is not responsible for any damages caused by the incorrect use of passwords.
VAIVO TECNOLOGIA adopts the best practices to maintain the confidentiality and security of the information and operations carried out by its Users, and it is also incumbent upon Users to adopt such measures, avoiding the exposure of the Site and its own register/operation, keeping your computers, tablets and smartphones always updated and protected by an antivirus.
The User declares to be aware, also, of the possibility of the server of the Site to undergo attacks of hackers, being aware that in no hypothesis will there be consent of VAIVO TECNOLOGIA, that adopts the best practices in order to avoid these events, being that, if any information or data of the User is accessed by third parties, will be illegal and criminal, exempting VAIVO TECNOLOGIA from any responsibility arising from this fact. The User is also aware that his data and information about his operations will only be made available by VAIVO TECNOLOGIA in case of judicial request, by determination of supervenient law or by order of competent authority, especially with the Council for Control of Financial Activities - COAF .
PROBLEMS AND RESTRICTIONS ON SITE ACCESS
The services provided by VAIVO TECNOLOGIA will be available exclusively through the Internet, with the User having the necessary and appropriate equipment, such as computers, tablets and smartphones with properly licensed programs and applications (inclusive antivirus).
Access to the Site is subject to falls, interruptions, delays and problems inherent to the use of the Internet, including when it is maintained (temporary unavailability, which will be previously informed on the Site).
VIVO TECNOLOGIA will not be responsible for any of these interruptions, nor for any user access problems, such as limitations of the equipment or the navigation program. In the same way, VAIVO TECNOLOGIA will not be responsible for any virus that may attack the users' equipment.
VAIVO TECNOLOGIA reserves the right to change, at any time, these Terms and Conditions of Use, aiming at its improvement and the improvement of the services offered by the Website to the Users.
It is the responsibility of Users to keep up-to-date due to possible changes to these Terms and Conditions of Use, following the information provided by the Site. If the User does not agree with any changes implemented in this "Terms and Conditions of Use", he/she shall not perform any operation and cancel his/her registration. In case the User does not make this cancellation, the tacit agreement with the changes made will be considered.
OF USER'S TECHNICAL SUPPORT
Technical support to the User will be made through telephone or e-mail, which can be obtained through the Site, during business hours and following the calendar of national holidays (from Brazil).
In the event of User's non-compliance with any provision of this "Terms and Conditions of Use", VAIVO TECNOLOGIA may declare it resolved with respect to the User, regardless of any notice, notification or other formality, immediately interrupting the access of the User to the Site and its operations, without prejudice to any other rights guaranteed to VAIVO TECNOLOGIA, either by law or by this "Terms and Conditions of Use".
The user declares and acknowledges that the services provided by the site have been sufficiently described in this "terms and conditions of use", as well as that VAIVO TECNOLOGIA has duly complied with its duty of information.
This "Terms and Conditions of Use" does not imply the assignment or transfer to the User of any rights relating to the Site, or any part of its content or characteristics. VAIVO TECNOLOGIA reserves the right to demand, at any time, any necessary User documentation in order to safeguard the operations performed by the Site, so that the User, from now on, agrees to provide any and all documents when requested by VAIVO TECNOLOGIA.
VAIVO TECNOLOGIA is not responsible for the lack of declaration of operations to the competent authorities, mainly regarding the information that must be provided by the User in the Income Tax Declaration. In the same way, VAIVO TECNOLOGIA is not responsible for any taxes, fees and/or contributions that might be incurred in the operations, as well as any possible penalties that the User may suffer from the competent authorities.
The User is aware that the Declaration of his assets, profits and/or losses, as well as the reflexes arising from them, is his sole and exclusive responsibility.
The User declares himself responsible, civil and criminal, for all information and documents that involve the operations on the Site (purchase and sale), also stating that the money used for purchases of Bitcoins has legal and declared origin and is strictly prohibited the use of the Site for the practice of crimes such as money laundering and evasion of currency, and the User may be civilly and criminally liable not only to the authorities, but also to VAIVO TECNOLOGIA for any damages and/or damages caused, including image of the Site.
The User declares that there is at present no regulation on the purchase and sale of products and services in Bitcoins, nor is there any endorsement in accordance with the norms of the Central Bank, the Consumer Protection Code or the Civil Code, the relationship being based solely on trust between User and VAIVO TECNOLOGIA.
The User declares that he has sufficient knowledge to operate (buy and sell) next to the Site, and there is no doubt or fact that may characterize his hypothesis in relation to the same, having full and total enjoyment of his civil capacity, as well as being able to practice any and all acts necessary to the validity of the operations.
VAIVO TECNOLOGIA is not responsible for any direct or indirect loss of profits, loss of data or damages resulting from technical errors, failures, interrupted internet connection or something similar.
The User hereby declares that VAIVO TECNOLOGIA is not an investment consultant, but only a commercial warehouse for the purchase and sale of Bitcoins, having no responsibility for the use and investments made by the Users.
Users are prohibited from modifying or attempting to modify any functionality of the Site, to produce any derivations from the Site or to access any part of the Site in order to create a competing product or service or any product or service that contains ideas, features or functions similar to those of the Site.
The use of any device, software or other resource that may interfere with the activities and operations of the Site or that has the purpose of improper access to the information or databases of the Site is not permitted.
Any activity that violates or contravenes intellectual property (trademark and patent) laws or prohibitions set forth in this "Terms and Conditions of Use" will subject you to the relevant legal consequences, including any damages.
OF THE ELECTION FORUM
This "Terms and Conditions of Use" shall be governed by the laws of the Federative Republic of Brazil, with the exclusion of any other forum, as privileged as it may be or may be, to settle any disputes or controversies arising from the present.
After reading all the terms and conditions that regulate the use of the site and its services, the user consents to them and accepts all its provisions, being unlimitedly bound, become such rules and conditions of use indispensable for its operations .