contract
AGREEMENT FOR THE PROVISION OF EDUCATIONAL SERVICES IN THE MODALITY OF DISTANCE EDUCATION
I. PARTIES
CONTRACTING PARTY - The Application for Enrollment containing the qualification that the STUDENT will perform when purchasing the course, which will specify the course chosen and will be instructed with the following documents: a) name b) identity (RG or RNE) c) CPF d) address e-mail address and e) telephone.
CONTRACTED PARTY - CURSOS DE MEDICINA DE AVES, legal entity registered with CNPJ number 37.044.320.0001-53, with business address at Avenida República Argentina, 183, Curitiba, Paraná CEP 80240-210.
Which will be referred to in the singular only as CONTRACTING PARTY (student) and CONTRACTED PARTY (course / school); have among themselves, fair and agreed, what they mutually accept and grant, through the following clauses and conditions.
By this instrument, the contracting party and the contracted party enter into this contract based on and based on articles 206, II and III and 209 of the CF and the provisions of Laws No. 8078.90 and 9870 of 1999, as well as LGPD, CC and CDC.
This instrument was generated electronically through access and communication in the virtual environment through the website <https://www.cursosdemedicinadeaves.com/> whose provisions reflect the authorizations and acceptances in specific fields of choice in the offer procedure, prior analysis of content, requirements, restrictions, registration and option to enter into this EDUCATIONAL SERVICES AGREEMENT, as agreed below.
II. OF THE OBJECT
Clause 01 - The main object of this contract is the provision of educational services in the distance learning modality, telepresence courses (live or previously recorded, as described, in the public notice, of each specific course) in accordance with the applicable legislation, as well as with the contracting company's internal regulations, its values, mission and vision.
Clause 02 - The CONTRACTOR undertakes, in view of the mandate granted to it, which is an integral part of this contract, to provide educational services to the contracting party;
2.1 Distance courses - Online - telepresence will have their conditions defined in the registration application, together with this contractual instrument and the specific regulations of each course.
Clause 03 - The courses have as target audience, veterinarians, biologists, zootechnicians, bird tutors and other interested parties - who prove the basic and necessary technical requirements to participate in the courses -when necessary- for the best use of the classes.
3.1 - When necessary, the CONTRACTOR may request the submission of documents proving the technical qualification, as stated in the notice.
3.1.1 – In these cases, the enrollment will only be confirmed after the curricular approval and admissibility tests, if necessary.
3.2 – The other courses can be carried out by professionals or enthusiasts on the subject, not being necessary 0_cc-74c -bb3b-136bad5cf58d_ _cc781905 -5cde-3194-bb3b-136bad5cf58d_ technical qualification.
3.3 - It is the student's responsibility to verify the public notice and agree with what is described in the announcements, so that if the student enrolls in a course that is not qualified, the company shall not be held responsible for limitations in teaching.
Clause 04 - The course will be carried out at a distance through actions developed in a virtual environment (internet) and can be made available in the form of online classes, recorded, doubt chat, live, "best friends on Instagram", Whatsapp groups, Telegram, e-mail, study plans, practical and theoretical demonstrations, according to the planning of each teacher, course and module.
4.1 the teaching plan and methodology will be presented by the teacher at the beginning of each course and on the contractor's website.
4.2 The student will attend the class and carry out the activities exclusively online.
4.3 During the term of the contract, contact with teachers will only be at the times stipulated in the contract (see item about classes ) and through the resources listed therein.
Clause 05 - The contracted parties undertake to comply with this contract based on good faith and contractual balance, so that they declare that prior to their enrollment they had access to all information regarding classes, extra material, course guidelines and etc., with the understanding that any doubts must be dealt with as provided for in this contract.
III. REGISTRATION AND REQUIREMENTS
Clause 06 - Enrollment, an essential act that establishes the STUDENT's link with the Cursos de Medicina das Aves school, will take place with the completion of the ONLINE registration and payment of the full amount of the course - in the case of payment by bank slip The registration will only be effective after the payment of the payment slip, which can take up to 5 working days - or, if paid in installments, in the credit card mode, after the credit card has been approved.
6.1 For access to classes, the company may require the student to present proof of payment of fees and other necessary documents, such as a signed contract and diplomas and technical classifications (when necessary and required by the course announcement).
6.2 The company will only grant the registration if there is no debt or pending issues on the part of the student.
6.3 If the card purchase is reversed, canceled or contested, access to classes will be suspended until the new payment method is approved.
Clause 07 - The course registration will be carried out online, through the website <https://www.cursosdemedicinadeaves.com> or e-mail and will take place after the first payment
7.1 Once the procedures above have been met, this contract is only effective after the CONTRACTING PARTY has passed the various stages indicated and proceeded to finalize the PURCHASE of the product, agreeing to all terms and policies.
Clause 08 - After the registration is completed, the CONTRACTOR will provide access to the course platform, whose entry will be exclusively through a login and password of a personal and non-transferable nature.
8.1 The password will guarantee access exclusively to the content of the contracted course.
8.2 If the contractor chooses to provide another course in addition to the one contracted, it will inform the students.
Clause 09 - The student is aware that the course content will be on online platforms and there will be no meetings or face-to-face classes.
Clause 10 – The contracting party undertakes, from the moment of registration, to keep their personal data, email address and telephone number up to date.
10.1 The contracted party is expressly authorized by the contracting party to deliver any and all correspondence by email to the contracting party, including collection slip, notice of default, general notices, notifications, etc., and send instant messages via cell phone (Whatsapp).
Clause 11 - The password, registered at the time of registration, is for the personal and non-transferable use of the CONTRACTING PARTY.
11.1 If the contracting party uses the password and login improperly, it will result in cancellation of registration, expulsion from the course, in addition to being liable for all damages and losses resulting from the availability to third parties.
11.2 It is completely forbidden to make personal access data available to third parties, whether for the purpose of making a profit or not, and the password guard is the exclusive responsibility of the CONTRACTING PARTY.
11.3 From the moment the contractor registers on the portal with login and password, he becomes responsible for all information provided on his behalf, not only on the portal, but in Telegram, WhatsApp, e-mail, groups of study, Instagram, etc.
11.3.4. If the password is exposed to third parties, the contracted party cannot be held responsible for the leakage of the customer's personal data, the contracted party being again responsible for any act that the person who used it your login and password practice.
Clause 12 - It is expressly prohibited to access the course platform simultaneously on more than one electronic device.
12.1 Access is merely a temporary assignment of the right to use the exposed content, and cannot be marketed, loaned or assigned to third parties without the express authorization of the contracting party.
12.2 This policy is intended to prevent the sharing of login and password with third parties, as already mentioned above (item 11).
12.3 If there is a simultaneous login, exercised in bad faith, the student may have his/her enrollment canceled for just cause, and may even be expelled from the school and may also be liable for damages.
Clause 13 - For better use of the course, the student must have the following resources to access the classes:
a) Computer or cell phone with internet access.
b) E-mail and Whatsapp, which will be the main sources of communication between the school and the student.
c) For courses where there are discussion or study groups, the download of Whatsapp/Telegram applications may be required for better communication between the school and students or exchange knowledge among the participants.
d) For courses that have live classes or mentoring, a computer with webcam and microphone is required, in addition to the download of the Zoom application or another of the same function , as instructed by the speaker.
e) When necessary, the use of other technical materials will be sent via email or made available in a public notice, the list of items necessary for carrying out the proposed activities.
Clause 14 - When registering, the contractor is aware that he can use all the pedagogical tools made available by the contractor to the contractor, such as video classes, doubt chat, support material, online study groups, complementary classes or bonuses (if the course available), extra videos, lives on Instagram and other platforms, among other activities and exercises that are part of the learning environment, etc.
14.1 All items mentioned above are subject to the terms of use, privacy policy and copyright policy of the contracting company.
14.2 The student may not print or record the pedagogical tools, in the same terms as the class tools, as set out in clause 15 and other contractual clauses.
Clause 15 - After registration, it is agreed that under no circumstances will any property rights related to the course be commercialized.
Clause 16 - The institution may update systems in order to monitor technological developments related to the service provided and guarantee its quality, in which case the CONTRACTING PARTY will be notified of said developments and updates.
Clause 17 - The CONTRACTOR has the obligation and responsibility for technical guidance, especially in relation to the setting of hours, the appointment of teachers and activities, the teaching modality and didactic-pedagogical guidance, which is why, by virtue of academic autonomy and freedom of professorship, the CONTRACTOR may, at any time, make changes to the activities mentioned herein, provided that there is prior communication to the CONTRACTING PARTY, through any means of disclosure.
IV. OF CLASSES
In relation to classes, methodology and dynamics, it is established that:
Clause 18 - When the course is telepresented and live, it may or may not be available after the end of the class.
18.1 The contracted party must inform whether the class will be recorded or not;
18.2 When there is a recording of a live class, it will be available to participants within 30 working days after the class has taken place.
18.3 The contracted party must make clear the times and deadlines in which the course will be available;
18.4 In the case of a live class, if it is recorded, the student who arrives late will be able to see the lost content after the recorded class is available, in which case the deadline for availability will be the same as in item “18.2”.
Clause 19 – In the recorded courses, the student may access any day or time within the period pre-established by the contractor.
Clause 20 - It is established that the student's presence will only be computed after logging in to the specific class.
20.1 In order to be computed in class attendance, the student must click on the “completed class” option.
20.2 After the student attends all classes and clicks on “class completed”, the option “issue certificate” will be released, only then will the certificate be made available online.
Clause 21 - For logistical purposes, classes are considered available from the moment they are posted in a virtual environment.
Clause 22 - The student must attend the class in the order of the schedule delivered at the beginning of the course.
Clause 23 - The Course Class is completed when all the activities provided for in the calendar are completed, which may or may not occur on the date of the last post.
Clause 24 - Once the course period has ended, students will no longer have access to the taught content.
Clause 25 - Whenever there is a new post, students will be informed via email or Whatsapp.
Clause 26 - Class time, blocks and intervals:
a) Classes may vary depending on the course and teacher, with an average duration of 20 to 40 minutes.
b) In live courses, it is up to the teacher to decide whether or not there is a break between one class and another, this will be informed at the beginning of the class.
c) Classes may be available all at once or in separate modules, as specified in the guidelines for each course.
Clause 27 - In the recorded classes, the student will have unlimited access, with no maximum number of views within the period in which the course will be available.
27.1 In relation to live courses or mentorships, these may or may not be available on the platform for viewing.
Clause 28 - Each teacher will have the freedom to decide on the best way to teach their content, including whether or not they will make teaching materials and classes available electronically.
Clause 29 - All recorded courses, whether by contracted, outsourced or partner teachers, must comply with the provisions of the notices and will only be posted after the approval and supervision of the Aves Medicine Courses team.
29.1 When there is a partnership with outsourced teachers, each teacher becomes responsible for the lesson plan, content taught, line of thought and study, so that the company must guarantee the technical structure of the course and the platform.
Clause 30 - In the case of live classes, when the class is canceled by the contracted party, the contracting party must be notified as soon as possible and the class rescheduled.
30.1 Also in relation to live classes, classes will only be replaced in case of absence of the teacher, or in cases of a drop in the teacher's signal or other event under the responsibility of the company and that harms the performance of the class.
30.2 If any student is not available to access the platform on the date of the change, he/she may request the recording of the course up to 24 hours before the class, and this will be made available according to the class posting deadline, that is, up to 30 days Useful.
Clause 31- Some courses to be taught may have a minimum or maximum student quorum, when this occurs, the size of the classes will be set out in the public notice.
31.1 When the disclosed quorum was not sufficient, the contractor may postpone the start of the course for up to 30 business days or cancel the course.
31.1.1. In the case of postponement, the student who is not interested or able to attend on the new date may terminate the contract without further prejudice, provided that he is informed via e-mail.
31.1.2 In case of cancellation of the course, the CONTRACTOR will inform the CONTRACTING PARTY via email about what happened and will request the necessary data, bank, agency, CPF, etc., for reimbursement of the amounts already paid.
Clause 32 - The period for access to the course will be stipulated in the public notice and provided in the information and course for the student to consult at any time within the access period.
32.1 Compliance with the course schedule and completion of 100% of the content within the acquired access period is the student's responsibility;
32.2 If the student is unable to complete the course within the period specified in the public notice, requests to extend the course will not be accepted, with the possibility of requesting the reactivation of the course available upon payment of the reactivation fee, following the provisions below:
32.2.1 The student can request the reactivation of the course up to 6 months after the end of the course registration.
_cc781905-5cde-3194 -bb3b-136bad5cf58d_ 32. 2.1.1 The reactivation access period is: 1 month of access to the course;
32.2.1.2 The reactivation fee is monthly, proportional to the course fee and presented in the welcome email and in the “important information” tab of the course;
32.2.1.3 The student may request as many reactivations as desired within the period of 6 months after the end of their course registration. After 6 months, it will not be allowed to request reactivation, and the student must acquire a new registration (provided it is available in public notice) to access the course.
32.2.1.4 To request reactivation, the student must contact support via email: cursodemedicinadeaves@gmail.com
32.2.2 If the student does not request the course reactivation within 6 months after the end of the course registration, it will not be student acquires a new registration to access the course.
32.2.2.1 The acquisition of the new registration will depend on the availability of the course in the registration notice.
32.2.3 The reactivation of the course is not cumulative, it is not allowed to request the reactivation of a reactivated course.
V. COPYRIGHT
Clause 33 - All content made available for the course, whether in writing, audiovisual or any other media, is the exclusive property of the CONTRACTOR and protected by national and international intellectual property legislation, sharing, reproduction, transmission, dissemination, storage and display, reverse engineer or create products derived from any content available in the course or on the Aves Medicine Courses platform in whole or in part to third parties that do not appear as part of this instrument.
Clause 34 – As a result of the provisions of clause 33, it is strictly forbidden for the student, under penalty of expulsion, to cancel the registration with possible application of a fine and without the right to return the amounts already paid, in addition to the application of the applicable measures in the civil and criminal scope:
34.1 Sharing your login and password, or any course material with third parties, even without charging anything in return.
34.2 Record screen, print system, take pictures or use any tool to record video or download course media, even for personal use, without the teacher's authorization.
34.2.1 The only exception to downloads is the materials provided for the purpose of downloading.
34.3 Acquire the course on a “group buy” basis or any other form of apportionment, where a group of people acquire the course through a single enrollment and share login and password among themselves, for a fee ou_cc781905-5cde-3194-bb3b- 136bad5cf58d_ no.
34.4 Share the course for free or for a fee, on any social network, marketplace or any other media, in which case it may be considered an act of piracy
34.5 Use the brand, denomination, domain, distinctive signs, logo, name of the courses, etc, without the express authorization of the company.
34.6 The only exceptions would be to make posts - with the authorization of the teacher and other colleagues - and provided that the school and teachers are marked with the appropriate "@".
Clause 35 - All products and content marketed and made available (for a fee or free of charge) by the contracting party, whether in writing, audiovisual or by any other media, is the exclusive property of the contracted party and protected by national and international intellectual property legislation, being reproduction, transmission, dissemination, storage and exhibition in whole or in part to third parties not included as part of this instrument is prohibited.
Clause 36 - Whenever there is a need to use some information regarding the course or material available, the student must use the ABNT rules or book the course through @medicinadeaves.
36.1 If the citation does not occur correctly, it may be considered plagiarism and they may be held liable under the Law.
Clause 37 – If there is a violation of any of the clauses listed above, you may be liable civilly and criminally under the terms of Law No. 9.609/88, for violation of intellectual property.
37.1 You will still be subject to expulsion, not receiving any kind of refund or fine for breach of contract.
SAW. OBLIGATIONS
Clause 38 - it is the student's obligation to maintain the confidentiality of their login and password, not being able to share such information with anyone, under penalty of fine, contractual termination, expulsion, losses and damages and other legal actions, as provided in clauses 31 to 35.
Clause 39 - It is the student's obligation to keep the registration data updated with the company up to date.
Clause 40 - It is the student's obligation to honor the payments on time and in the agreed manner.
Clause 41 - The student must be aware of the stipulated deadlines e-mails, announcements and public notices, as delays in delivery of work or class viewing will not be tolerated
Clause 42 - It is the obligation of the company to provide quality content, with a technical, scientific basis, or, proven through the experience of professionals and professors, in this case, the speakers informed that the content passed concerns their experience in the day to day of work .
42.1 The teacher is responsible for the content, sources and information cited at the time of the class.
42.2 If any teacher offends or harms the honor or image of any person, during the class the responsibility is exclusive to the teacher, whether hired or outsourced, since the company does not agree or support any type of offense to the dignity or honor of any another person or group.
42.3 Teachers may or may not be available to assist students after the course, and it is not mandatory to inform e-mail, whatsapp, telephone and social networks.
42.4 In courses where there is availability to ask questions with the teacher, the “comment” area of the platform will be the means used by students to write their doubts and obtain their answers.
42.4.1. The question and answer will be available and visible to all other students.
42.5 When the possibility of mentoring is made available to students, doubts must be resolved at the time of mentoring.
42.6 Teachers will not participate in groups such as Whatsapp and Telegram with the class.
42.7 - When some extra contact is made available by the speakers, the student will have complete freedom to ask questions and ask questions through the channels informed by each speaker and at the convenient times for each one.
42.8 - The teacher will be available to answer questions for 3 months after the course is posted.
42.8.1. During this period, the teacher will enter the platform once a week – on the day defined by the teacher – to answer students' questions.
42.9 The teacher will have up to 15 working days to respond to doubts and queries.
42.10 The teacher is NOT obliged to answer questions by Whatsapp, Instagram, chat, message, phone or Telegram groups
Clause 43 - When there is a system failure or doubts regarding the use of technology, the student can contact the company via Whatsapp (the Whatsapp number will be available in the initial information of the course)
43.1 The response time for technical questions will be up to 7 working days.
Clause 44 - When a Whatsapp or Telegram group is available, these will be a form of communication and integration with other participants and students, so that teachers are not obliged to participate or interact in the group.
Clause 45 - The contractor will only provide the online materials for the course, and is not obliged to provide equipment, materials, copies of books, handouts or similar items.
45.1 Therefore, when there is a need to use any material for practical cases, the purchase, quality and maintenance of the equipment is entirely the responsibility of the student.
Clause 46 - The school is not responsible for any procedure performed by students without the physical supervision (monitoring) of the hired teacher.
Clause 47 - The school is not responsible for any technique used in a wrong or questionable way, medical errors or procedures taught in class.
Clause 48 - The information about the course will include the date on which the course was recorded, the sources of information, bibliography - if any - and if there is any update in relation to the original content.
SAW. SERIOUS FAULTS
Serious faults will be considered, subject to expulsion and cancellation of registration WITHOUT the refund of the amount already paid for the course and, if applicable, liability for damages for the following conducts:
Clause 49 - Any item resulting from plagiarism, as set out in clause 31 to 35.
Clause 50 - Expects the student to conduct unblemished and compatible with academic life during participation in pedagogical tools, including discussion forums, whatsapp groups, Telegram groups, email, etc.
50.1 If there is any conduct that is not compatible with the social values or values of the company, the student may be notified, excluded from groups and even expelled;
50.2 If the conduct puts the honor, image or safety of any student, third parties or the company at risk, the conduct will be subject to the application of legal measures, in addition to losses and damages.
Clause 51 - The student must follow the standards of conduct established and in force on the internet, refraining from violating the privacy of other users.
51.1 It is forbidden for the student to use any technique to invade the site that violates the security of the virtual learning environment and related sites.
51.2 It is prohibited for the Contractor to act knowingly to destroy files or programs of the virtual learning environment and related websites.
51.3 Use the names and e-mails of course participants for commercial purposes.
51.4 Share information such as contact, email, name, personal or professional information of other group participants.
51.5 Send messages that may be considered obscene and outside ethical and moral standards or that may offend someone or something.
Clause 53 - In the event of any conduct that is not in accordance with the school's guidelines, it is the responsibility of the course to apply verbal notification, written notification or expulsion.
VII. COURSE COMPLETION
Clause 54 - For the conclusion of the course, when necessary, the student must carry out all the tests and proposed works.
54.1 Not all courses have a test or work, if there is a need for work or test, it will be specified in the “course information”.
Clause 55 - As stated in the contract, after attending each of the classes, the student must click on “class completed”.
Clause 56 - When there is no need for proof and work, after all mandatory subjects and activities have been promoted, as well as the delivery of all necessary documentation for this purpose and previously requested by the CONTRACTOR, the student will have access to the issuance of the certificate.
Clause 57- The issuance of the certificate will only occur after the payment of all monetary obligations with the institutions.
Clause 58 - For each contracted course, a personal and non-transferable certificate will be issued.
Clause 59 - The certificate will be available for issuance on the course platform, and must be issued by the student himself after attending all the classes in the course and marking them as "CLASSES COMPLETED".
VIII. OF DATA AND INFORMATION.
Clause 60 - All personal data of students, including ID number, CPF, address, among others, will be kept in the contractor's files for 05 years.
Clause 61 - Whenever required, the contracting party is obliged to inform and provide the student's personal data within 15 days in a simplified format and a clear and complete statement, based on article 19 I of the LGPD.
61.1 The above information may be made available in digital or printed form
61.2 The data subject may request the change of information within 15 days of receipt.
Clause 62 - By accepting to join the Whatsapp and Telegram group, the student agrees that his phone will be automatically available to the other participants, and it is no longer the responsibility of the company if there is any form of communication between other participants or third parties with the contracted party. .
Clause 63 - The student licenses the use of his/her image, name, bibliographic data and academic works to the contracted party, testimony, video, specifically for the informative and promotional use of courses and activities thereof, by any means of communication, folders, post or other audiovisual communication material that has a link with the contracted parties, whether for broadcasting on national and/or international communication networks, for the purpose of disseminating academic activities, without the contracting party being liable for any compensation or remuneration.
63.1 The student's image and data will be kept by the contractor for a maximum period of 5 years, after which they must be deleted.
63.2 It also informs the contracting party that students may use a webcam and microphone for classes and that, therefore, they may be filmed and have their image and sound recorded during classes.
Clause 64 - The student allows sharing his e-mail, telephone and name with partner companies and teachers, not allowing the use of personal data such as RG, CPF and others.
64.1 This information may be used to send promotions, articles, study groups, newsletters, etc.
64.2 The student allows the sending of emails and notifications with information about other courses, classes, articles, publications, promotions, etc.
64.3 The contracted party will allow the use of this data by the partners for a maximum period of 5 years from the signing of the contract.
Clause 65 - The student accepts that the data from the course and his research together with the professor, may be used for the purposes of international studies, based not only on Brazilian legislation but also on international legislation, based on article 34 of L. 13709.
Clause 66 - The contractor undertakes to safely store, within the terms of the data protection law, all information provided by customers, including personal data, access data, notes, etc., for a period of 5 years, after which period it will be correct disposal of the information.
Clause 67 - After the period stipulated in the previous clause, the contractor will not be able to use the information for any purpose, not even for the dissemination of new products.
Clause 68 - All data will be encrypted and kept securely.
Clause 69 - Data will only be shared - with the exception of e-mail, name and telephone, articles, images - with express authorization from the client.
Clause 70 - No data that could harm the image, honor, or privacy of the student will be shared
Clause 71 - The use of the data is hereby authorized, without reservation, in the cases of article 07.08 and 09 of LAW 13709.
Clause 72 - The services provided and products developed are protected by the legislation governing Copyright (Brazilian Federal Constitution, article 5, items XXVII, XXVIII and XXIX; Brazilian Federal Law No. 9,610 of February 19, 1998, article 7 and other provisions; Brazilian Civil Code, Consumer Defense Code, Brazilian Constitution of 1988, Penal Code, lGPD, and International Agreements.
IX. TERMINATION
Clause 73 - The CONTRACTOR may, at any time, terminate the contract and participation of the CONTRACTING PARTY for disciplinary reasons, for financial default and non-compliance with any obligation stipulated in this contract.
Clause 74 - Withdrawal from the course, without prior communication, implies full payment of the monthly fee for the month of withdrawal, regardless of the fraction of days in which it occurred, not implying the reimbursement of retroactive amounts prior to the withdrawal date.
74.1 The simple lack or non-visualization of the classes, or the lack of clicking on the "class completed" option are not enough to contemplate the suspension or withdrawal of the course.
74.2 Registration will not be closed
Clause 75 - There will be no refund of values even if the CONTRACTING PARTY has not accessed the classes. The return of values will only occur in the event of the lack of provision of services by the CONTRACTOR.
Clause 76 - Any refund of amounts paid in cash, due to the cancellation of the course, by the student unilaterally, will result in a fine of 20% (twenty percent) in relation to the total amounts of the return.
Clause 77 - The contracting party will have the right to cancel the registration and refund the amounts within the period of 7 (seven) days, according to the Consumer Defense Code registered in art. 49 CDC.
77.1 It will be considered for legal and term purposes, whether of class availability or purchase regret, the date of registration confirmation - this carried out through confirmation of payment - and not the date of first access to the platform.
Clause 78 - When there is a termination with the need to return amounts, this will occur through a bank deposit, within 30 days from the e-mail requesting the termination.
78.1 When requesting the refund, it is the responsibility of the contracting party to inform the bank details of their account (branch, checking account, bank and CPF) to receive the return of the amount in about 30 working days, after filling it out.
78.2 If the data provided is not correct, the contractor may request the student again and the period will start from the date of sending the new data, if the student does not send the new data within 30 days after the new request, the school will make the judicial deposit of the amounts due.
78.3 After the transfer, the company will send a copy of the receipt to the contracting party.
Clause 79 - The party that fails to comply with any of the clauses of this contract will give the other the right to terminate this instrument, without any judicial or extrajudicial interpellation, the innocent party being released from continuing this contract. In addition, the parties agree that, in case of need to file lawsuits related to this instrument, the summons will be by post, with acknowledgment of receipt (AR), with the winner being entitled to fees in the proportion of 20% (twenty percent) , on the economic benefit obtained, by way of succumbential sum.
Clause 80 - If the termination is for just cause or fortuitous event or force majeure, the fine and term described above will be relativized.
X. PAYMENT
In consideration for the services announced in the public notice provided on the website <https://www.cursosdemedicinadeaves.com/> and described in this contract, the CONTRACTING PARTY accepted and chose to pay the proposed price for the Course at the time of this contracting.
Clause 81 - The parties declare that they are aware that the option and method of payment are of their free choice, and may be paid in installments on the credit card, or in cash on the card or bill.
81.1 In the event that the CONTRACTING PARTY has chosen the form of payment by credit card of third parties, such as parents, children, relatives, friends; liable civilly and criminally for its respective authorization, existence of balance and unenforceability of reimbursement/or repetition of undue payment, under penalty of termination of this contract.
Clause 82 - If the student does not complete the course within the term of the contract, he may contact the school via email and request the "reactivation of the course" as provided in item 32.
Clause 83 - The student is aware that access to the course is not related to the number of installments to be paid, which may be fully completed within a period shorter or longer than the payment term.
83.1 Completion of the course will not be considered a reason to interrupt the payment of any installments of the financing.
Clause 84 - If the contracting party has chosen to use the credit card as a form of payment, it declares itself already aware that the contracted party does not have information about the invoice closing date, and, therefore, is not responsible for charging more than a installment on the same invoice, or for the delay in returning the amounts referring to refunds or charges, and therefore the contracting party must previously consult the issuer of the credit card or brand of the card used.
Clause 85 - In the event of non-compliance, this Agreement has executive efficiency - of an extrajudicial enforceable title, for the competent judicial collection of credit due due to breach of obligation now assumed by the parties.
85.1 In case of default, the CONTRACTOR may charge a fine of 2% (two percent) on the installment due, plus late payment interest of 1% per month or fraction of a month and monetary restatement based on the IGP-ME/FGV, as well as adopting all applicable legal collection measures, including registering the CONTRACTING PARTY's name in a legally constituted registry or services intended to protect the collection of the credit arising from this agreement, this agreement being valid as extrajudicial executive title, pursuant to art. 585, II, of the CPC.
Clause 86 - The contracting party recognizes, from now on, this title, as liquid, certain and payable, or even any type of charge provided for in Brazilian legislation, regardless of prior notification, and such measures may be taken individually, gradually or cumulatively
86.1 The parties agree that all of the contractor's expenses arising from the costs provided for in this item may be charged to the contracting party as reimbursement.
86.2 Even if there is a need for enforcement or collection action, the party that gave rise to the situation shall bear court costs and loss of suit fees in the amount of 20%.
Clause 87 - If the contracting party dies before the end of the course, the company will return to the heirs an amount proportional to the remainder of the course, provided that the latter is informed of the death within 7 days after the event.
87.1 If the contracting party has already finished viewing the classes, but not paying, the heirs must bear the remainder of the debt.
Clause 88 - The company does not undertake to provide discounts or carry out promotions equally for all students, the student being aware that, depending on the period in which the course is contracted, and in accordance with the plan or means of payment chosen, the values practiced may have been different in other opportunities
88.1 The CONTRACTING party that, for some special reason, benefits from discounts, will lose this discount if it fails to pay the monthly fee on the respective due date.
XII. FINAL DISPOSITIONS
Clause 89 - The CONTRACTING PARTY assumes all liability, civil and criminal arising from untrue information released in the Application for Enrollment.
Clause 90- The CONTRACTOR is not responsible for any type of damage, loss or any other problem arising from the use, inability to use or defects of the contracting party's computer programs or technology systems.
clause 91 - The CONTRACTOR is not responsible for the cost, maintenance or provision of the minimum necessary technology requirements for the contracting party to participate in the course, such as the use of a computer, cell phone, webcam, microphone, internet, software, etc.
Clause 92- The CONTRACTOR does not guarantee, under any circumstances, that the connection systems with the services (via telephone, cable, or any other) are free from possible failures or interruptions, not being responsible for the quality of the network used to access the service, since it is maintained by third parties other than the contracted party, and, therefore, is beyond its control, diligence, and responsibility.
Clause 93 - The CONTRACTOR is not responsible for losses and damages caused by the use of pirated services, or with instability that may cause loss of data and viruses, so the manufacturer and supplier of these are responsible.
Clause 94 - The CONTRACTING PARTY declares to be aware that minor programming defects (bugs) are common to technology systems, thus exempting the contractor from any liability for damages arising from such usual bugs, eventually existing for participation in the Course, limiting the responsibility of the contracted party to correct any intercurrences that may be encountered during the performance of this contract.
94.1 In any case, in case of any "bug", the contracting party undertakes to resolve the problem quickly and if there is any major damage, make the class available again or else make a new recording to avoid further annoyances
94.2 When there is any system failure or bug, the contractor must inform the contractor as soon as possible, so that the solution is fast and effective within the maximum period of 7 working days.
94.3 Informs the school that it uses the Eduzz platform for logistics purposes, therefore, the student, by accepting this contract, is in accordance with all contractual guidelines arising from the same platform.
94.4 Also, if there is data leakage due to the Eduzz platform, banking platform, credit card, whatsapp, telegram, e-mail, or any other platform used by the course, the school does not have any liability, not even joint and several liability. resulting from such an act.
XIII. COMMITMENT
Clause 95 - The contracting party undertakes to provide all, and faithfully, information related to the constitutive fact of its right, as well as to subsidize with instruments to evidence it, as far as possible, and to attend/respond to the contracted party when requested, through the means stipulated in the case that the contracting party hides necessary information of which it has or should have known, which may in any way impair the regular progress, as well as the success of the demand, the contracted party cannot be held responsible, and the contracting party must also pay the contracted party for all damage that it may eventually cause.
Clause 96 - the contracting party assumes full responsibility for the statements made for the execution of this electronic contract, especially in relation to its identification; registration data; assumption of the obligations agreed herein; legal aptitude to comply with the course, agreeing, from now on, that the failure to deliver the legal documents supporting the statements made may result in the termination of this contract, exempting the contractor from any liability for any damages resulting from the cancellation
Clause 97 - The CONTRACTING PARTY claims to have read the terms of this contract in detail.
97.1 The CONTRACTING PARTY under 18 (eighteen) years of age must be represented by their respective legal representative who will sign the Application for Registration and assume all obligations arising .
IXV. VALIDITY
Clause 98 - This contract is valid only for the duration of the contracted course.
XV. COMMUNICATION
Clause 99 – Both parties undertake to keep the means of contact now advanced for good communication between the parties updated. Thus, contacts will be via telephone and derivatives (SMS, Whatsapp), as well as e-mail. In case of alteration of any of the contacts, it must be immediately and unequivocally informed to the CONTRACTOR.
XVI. THIRD PARTY CONTRACTING
Clause 100 - If during the course of classes there is a need to hire professional(s) from another area(s), the company may carry out the hiring, informing only the students.
100.1 When the course is taught by a specific teacher, the public notice will contain the name of the teacher and the CRMV of that or other professional identification, and cannot be replaced by another professional.
XVII. ELECTION JURISDICTION
Clause 101 - The forum of the Judicial District of Curitiba is elected to resolve the doubts arising from this contract, the parties waiving any other, however privileged it may be.
In the same act, the contractor accessed the courses area, chose the desired course, observed the proposed contractual provisions, course schedules and lesson plans, values, payment methods and selected the “buy” mode, then opting for the payment method. and payment method.
This contract is only effective after the contracting party has passed the various stages, informed various data, including first name, e-mail, payment data and agreeing with the contract, the terms of use and the privacy policies when completing the purchase of the product.
Clicking on the “I AGREE AND I WANT TO BUY” button will count for legal purposes such as the signing of this contract.
This contract is valid from that date upon the contractor's virtual access to the digital environment. And, as they are, therefore, fair and contracted, they sign this instrument, in which the company Medicina das Aves signs this contract in digital form, being obliged by the same in its rights and obligations as if signed in its own hand it had