MAMBOO PLATFORM TERMS AND CONDITIONS OF USE
Welcome to MAMBOO! We are delighted to welcome you as
one of our registered users. Before you start using the services provided
on our platforms, we need you to familiarize yourself with the usage policy and conditions
in general. The following terms govern the use of the services provided by the
MAMBOO platform, addressing access and use of the platform.
The service is offered by the company that owns MAMBOO, L Mousinho da Fonseca
ME, CNPJ no. 17.871.606/0001-03,, headquartered at Rua Avertano Rocha, no. 228C,
A, Bairro da Campina, Belém - Pará, CEP 66.023-120.
The digital platform is available for download on the virtual stores "Apple
store" and "Google Play," as well as on the official website. The platforms and address
are the only official means of communication between MAMBOO and
users.
The use of any of the services offered depends solely on acceptance
of the terms presented here, being the only official binding document between the user
and the brand owner.
There are two types of profiles on our platform: merchant and user. If you
fit into the first option, it will be necessary to enter into a specific agreement
(service provision contract) to establish the connection and start our
great experience.
After using the platform, the user agrees to and accepts all provisions and
conditions established.
I - INTRODUCTORY PROVISIONS
1.1
Through its digital platform consisting of software/application, MAMBOO
practices digital matching of suppliers of goods or services
"merchants" and service recipients
"users/customers" to enable and facilitate
the hiring between them.
1.2
The activities carried out by MAMBOO consist solely of platform
and database management to bring together registered parties, enabling their
service provision through a digital platform.
1.3
The user immediately declares to expressly recognize the nature of the activity
provided by MAMBOO and described in the previous item, which is not confused with the
core activity of profiles registered as "suppliers."
1.4
Civil liability for the provision of the service arises, by force of law, to the
person responsible for its execution, with MAMBOO exempt from any
responsibility for acts committed by registered or unregistered third parties in its database.
1.5
Within the application, a platform is provided for contact, product catalog,
and hiring option among a list of registered suppliers, allowing
for their perfect identification, with the choice of the client/user for a particular profile
being a faculty and personal criterion.
1.6
After accepting the terms, the user will be granted a license to use the
platform, in a limited, personal, and non-transferable capacity, for the private use of the services
provided.
1.7
The update or modification of the terms of use is the exclusive competence of
MAMBOO, respecting the legal limits set forth in the law, with the user
committing to periodic reading and monitoring of the general terms and conditions,
with MAMBOO being authorized to communicate through notices on the
platform's home page regarding substantial changes to the terms.
1.8
If the user does not agree with the terms and conditions of platform use,
they must choose not to use the services.
1.9
The use of this platform for purposes other than those established
in these terms and conditions is prohibited, as well as for the propagation of any illicit activity.
1.10 MAMBOO may, at any time and by exclusive criteria,
suspend or cancel any registered user, without prejudice to
applicable legal measures, in case of non-compliance and violation of the terms and conditions
of use or for harmful behavior considered incompatible with the company's policy.
II - PLATFORM REGISTRATION
2.1.
Those interested in registering to use the platform must create
a profile on the platform, providing the documents and information requested through
the application, with the accuracy of such information being the legal responsibility of the provider and
the approval of the registration being the exclusive competence of MAMBOO.
2.2.
The profile is personal and non-transferable, intended only for individuals over eighteen years of
age, and a valid and personal mobile phone and email of the registrant are necessary and indispensable for access to the platform.
2.3.
Activity on the profile account will be exclusive to the registered user, who
is committed to safeguarding personal information and not providing account access to
third parties.
2.4.
The User acknowledges and accepts that access and use of the Application and/or
email address will occur under their exclusive responsibility. MAMBOO shall have no
responsibility for the use that the User and/or third parties make of the Application
and/or email address, nor for any damages that may arise from it.
2.5.
If the user identifies a suspicious access attempt, they must
immediately change the password and report it to the platform through support so that
security measures can be taken.
2.6.
All actions contracted or accepted by the valid profile on the platform will be
attributed to the registered user, except in case of official prior communication through
channels of service available on the website or application, reporting suspicious activity
in the account.
2.7.
The content posted by the user when evaluating the provided services
will be their sole and entire responsibility, and MAMBOO is expressly authorized to
take legal action to prevent defamatory, libelous, violent, obscene, pornographic,
racist, homophobic, illegal, or otherwise offensive comments, with the responsible
party for such comments subject to immediate suspension and cancellation of the license.
2.8.
The User authorizes MAMBOO to send emails, SMS messages,
app notifications, and/or push notifications with informational and promotional content
related to the provided services, as well as from third-party companies with which it
has business relations.
III - OWNERSHIP OF THE BRAND, PLATFORM, AND DATABASE
MAMBOO
3.1. The right related to the platform, brand, and intellectual property is owned by
MAMBOO and the company holding these rights, and their reproduction, modification,
distribution, or use for any other purpose is considered a violation of copyright.
3.2. The user's granted permission does not imply the transfer or assignment of
rights, but only the right to use the services provided on the platform.
3.3. Any use or exploitation that violates the terms and conditions of use and/or
current Brazilian Copyright Law gives MAMBOO the right to immediately remove the
content, without prejudice to the payment of damages and other civil and criminal
sanctions as provided by law.
IV - SERVICES
4.1. MAMBOO is a technology company, developer of an application and
software for the provision of a platform that brings together interested parties - suppliers,
service providers, and service takers - for the purchase of goods and services in
general, exclusively facilitating the dynamic and instant hiring of registered collaborators.
4.2. The service provided may undergo changes, cancellations, unavailability,
suspensions, errors in the platform, temporary or permanent. The User agrees that
MAMBOO will not be held responsible, nor will it have any additional obligations,
implicit or explicit, towards the User or third parties due to any modification,
suspension, or deactivation of the Service.
4.3. The user is aware that MAMBOO does not provide services for the
commercialization of goods or services, does not guarantee the provision of the service,
is not the owner of the goods listed in its virtual catalog, and has no
labor or corporate relationship or obligation with the supplier of the goods or services,
who acts independently and is solely responsible for any failures in the
rendering of the service or other issues related to civil liability.
4.4. It is known to the registered user, whether as a retailer or consumer, that the service will be provided or taken by individuals who meet the requirements
set forth in the current legislation and in the registration policy with the company. The hiring
of goods or services, therefore, will be done directly between the interested parties, who are
independent third parties without any employment, corporate, or any
subordination relationship with MAMBOO, being solely responsible for their
practices, actions, omissions, and the results thereof.
4.5. In case of damages attributed to MAMBOO due to a failure in the provision of the
service or exclusive practice of the driver or consumer, the right to
compensation to the company by the responsible party for the harmful conduct will be protected.
4.6. The registered retailer will be solely responsible for the delivery and information related
to the contracted goods or services, with the MAMBOO platform not being subject to
repair for losses and any damages caused to the registered user, expressly prohibited
the commercialization of dangerous, explosive, inflammable products; drugs and narcotics;
and any other materials whose commercialization is prohibited by legislation or violates
good customs and morality, with the User being responsible for any
violation of current legislation and in any scope.
4.7. The use of the services does not require internet access, with all charges
resulting from the exclusive responsibility of the parties involved.
4.8. MAMBOO will not bear costs related to damages caused during the
service, regardless of the occasion, which will be attributed to the party causing the damage
in accordance with civil and criminal legislation.
4.9. It is the sole responsibility of the registered retailer: i) the delivery of the goods as agreed
upon; ii) compliance with the requirements set forth in the current legislation,
especially in the Federal Constitution, Penal Code, Consumer Defense Code, Civil Code, and Civil Procedure Code; iii) damages caused by action or
omission in the course of the service, with the user being responsible for any
customer omission; v) compliance with safety regulations.
4.10. It is the sole responsibility of the registered user: i) providing accurate data and
information; ii) payment for contracted goods or services; iii) compliance with the internal policy of the platform;
iv) customer service; v) compliance with safety regulations.
4.11. MAMBOO is not responsible for any direct, indirect, material, moral damages,
loss of profits, data, or any other nature of damages, and registered users and retailers, when using the platform, regardless of condition or
position, assume that the contract for the supply of goods or services is entered into between
independent parties with no connection to MAMBOO.
4.12. It is up to MAMBOO to establish the functioning of the application,
operation rules to which users will be strictly bound, categories and
filters for the hiring of services, and other details related to the operation.
V - OPERATION MODE
5.1. After valid and previously approved registration, the user will have access, through
the temporary license granted, to the platform for connecting suppliers,
providers, and users of goods and services. The platform user, once
connected to the data network, can use the available services.
5.2. The charges for using the platform are shown at the conclusion
of the contract, initially a 10% fee on the transaction value1, to be paid
by the customer/user, regardless of other agreements established in the contract
signed between the establishments and the platform.
1 Unless otherwise stipulated in an official document signed by the parties.
VI - APPLICABLE LAW AND JURISDICTION
6.1. Any tolerance by any of the parties for infractions or non-compliance with the
conditions stipulated in these Terms of Use will be considered an act of mere liberality, not
constituting a precedent, novation, or waiver of any rights guaranteed by
law or by the Terms of Use themselves.
6.2. The parties declare that the principle of good faith governs the contract, maintaining
a relationship of harmony and respect. The user declares that they have evaluated all the terms and
conditions of the instrument, and accepts and agrees in full with the provisions contained herein.
6.3. The applicable law is Brazilian, and the chosen jurisdiction to resolve any
issues related to the terms and conditions of use of MAMBOO is the jurisdiction
of Belém, state of Pará, however privileged others may be.