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E-CERTIFICATE OF ORIGIN USAGE TERMS AND CONDITIONS
This Terms and Conditions document ('T&Cs') constitutes a binding agreement between CICIBAS, The Operator, and the User as further defined below. By accessing, Using, and/or availing from any service, feature, Content, and/or benefit made available by or through the Website (as defined below), the User declares that has read and is aware of the content of these T&C, as well as accepts to be bound by its terms.
By accessing, Using, and/or availing from any service, feature, Content, and/or benefit made available by or through the Website (as defined below), the User declares that has read and is aware of the content of these T&C, as well as accepts to be bound by its terms.
1. Definitions
Unless the context otherwise requires, the following expressions shall have the meanings ascribed to hereunder:
Applicable Law Any Brazilian legislation to which The Operator and CICIBAS are subject when conducting the Services and issuing the COO in Brazil, including, but not limited to, the Brazilian Industrial Property Law (Law No. 9,279/1996), the Brazilian General Personal Data Protection Law (Law No. 13,709/2018), Antibribery Law (Law No. 12,846/2013), as well as any law and regulation concerning the importation, exportation, transit, storage or any other customs procedures that may be necessary for the performance issuance of the COO and analysis/validation of the export documents through the Website.
Arrangement: Any form of transaction/contract under which a User avails from the testing and inspection services offered by CICIBAS as a result of any Use for purposes related to the issuance of the COO and/or to the analysis/validation of the export documents through the Website.
CICIBAS: CICIBAS - Centro de Investimento, Comércio e Indústria Brasil-Arábia Saudita, the Brazilian-Saudi Center for Investment, Trade, and Industry, responsible for the issuance of the COO and the analysis/validation of the export documents.
COO: Certificate of Origin to be issued by CICIBAS through the Website.
Content: Any data, information or material made available by the User on the Website or through it (including without limitation, statements, representations, reviews, comments, data of whatever type or nature, pictures, signals, forms etc.), a term which also includes the data provided by the User for the purpose of conducting tests and inspections on export documents or issuing COOs by CICIBAS.
Intellectual Property: The Operator's copyright, patents, designs, trademarks, trade names, goodwill rights, trade secrets, confidential information and any other intellectual proprietary right or form of intellectual property in any jurisdiction, including, but not limited to, the intellectual property rights over the Website and all the Website related or connected programs, computer applications and smartphone applications, and the right to apply to register and enforce the foregoing rights.
Reasonable Use: Normal use of the Website made for lawful and actual business needs of the User in connection with the obtainment of the COO and/or the analysis/validation of the export documents, and/or the necessary dealing with CICIBAS for such regard, in the manner and with the volume of data, frequency of use and concurrency of use that does not interfere with any other User’s Use. Abnormal use of any applications, programs, or means that The Operator or the Website make available, using them other than for their intended purpose, uploading unnecessarily big Content to the Website, circumventing, harming or damaging any programs or applications used by the Website, sending or distributing bugs, viruses, harmful codes and the like, damaging any information or data kept by or published on the Website, linking any accounts, advertisements, or comments on other websites with the Website, publish the same on the Website or vise-versa shall all be considered forms of un-Reasonable Use, which are expressly prohibited by these T&Cs.
Policies: The policies issued by The Operator to regulate an aspect, service, feature, benefit or more that the Website provides as the same are amended, restated, or replaced from time to time.
The Operator:Thiqah Business Services Co., as the developer and owner of the Website, responsible for the technical aspects of the Website. Use: Accessing, using, and/or availing from any service, feature, and/or benefit made available by or through the Website; the word 'Use' in verb form and its variants shall be construed accordingly.
Use:Accessing, using, and/or availing from any service, feature, and/or benefit made available by or through the Website; the word 'Use' in verb form and its variants shall be construed accordingly.
User(s): Any person Using the Website.
User's Data: Any information or data demanded by the Website from a User that belong, pertain, and/or describe the User as such and/or the business thereof, such as data related to its name, trade name, standing with official authorities, national ID number, contact information, bank account information, commercial registration particulars, and data related to the product for which a COO and/or the analysis/validation of the export documents are sought and about the form of relation or connection it has over such products etc. To obtain information on how we process User’s Data, please refer to our Privacy Policy.
Website: Means the website available at the following URL https://coo-cicibas.com/ and all websites/pages accessible via the Website, services and features the Website makes available, and all Intellectual Property pertaining thereto, and, where the context so allows, a reference to the Website shall also mean a reference to The Operator.
2. Rules Applicable to the Use
o CICIBAS has obtained certain rights from The Operator to be entitled to grant the Users the access to the Website. Thus, in accordance with the conditions set forth in these T&Cs, CICIBAS may grant Users who use the Website a limited, free, temporary, non-exclusive and non-transferable license to use the basic functionalities of the Website in Brazil, which are: (i) registration of personal information and data; (ii) upload of Content for analysis by CICIBAS; and (iii) issuance of the COO by CICIBAS. This license may be revoked at any time, without notice, if the Website is discontinued in Brazil.
o For the correct use of the Website, the User is solely responsible for observing and complying with all specifications, instructions, standards and technical requirements defined by The Operator and published on the Website.
o To ensure the proper functioning of the Website, User undertakes to keep the Website and their browsers up to date at all times, installing and using the latest versions available. The ability to connect and the response speed of the Website depend on the capacity of the internet connection service used by the User. The Operator shall not be held liable for any damages suffered by Users due to the discontinuation and/or alteration of old versions of the Website, the lack of minimum configuration for use, lack of internet connection or improper use of their respective browsers.
3. User's Warranties, Obligations and Acknowledgements
o The User represents that it is fully capable to Use the Website and to enter into valid Arrangements with CICIBAS (per the terms they publish or hyperlink over the Website) and undertakes to fully respect the terms of the Arrangements it concludes. The User declares that it is aware of the fact that The Operator is not a party into any Arrangement or a guarantor for the performance of any of the duties assigned to any of the parties pursuant to any Arrangement.
o User undertakes to: (i) ensure the User's Data it provides are correct and valid; (ii) provide information and any cooperation as reasonably required by The Operator; (iii) not rely on any representations made by The Operator; (iv) only use the Website in respect of its own business, and not seek extraction of any commercial benefit from the Use (such as by way of selling or charging any benefit of Use, or offering the same to a third party or enabling a third party to extract benefits of any Use, or Use of the Website in any way for obtainment of a financial benefit) without the explicit approval of The Operator; (v) ensure that password(s) and any other access information are kept safe and secure and that the User account and/or Website are at all times protected from illegal access, misuse and damage by anyone making Use through User's passwords(s) or access information; (vi) contact The Operator immediately upon learning that password(s) or access information is no longer secure or have been used illegally; (vii) comply with the Policies, these T&Cs, and any directions The Operator gives and restrictions The Operator makes regarding the Use; (viii) not make any Use in any way that is illegal or may be offensive, or causes damage to any other party or intend any of the aforementioned (ix) be aware of and abide by all laws, regulations, and instructions applicable on the Use. In this respect, the User hereby acknowledges and declares that the provisions of such legislations –and these T&Cs– may be directly invoked against him by The Operator, other Users, CICIBAS or an interested third party; (x) refrain from establishing fake accounts or use of made up names and always use its official personal or trade names; (xi) ensure compliance with all specifications, instructions, standards and technical requirements for the correct use of the Website; (xii) comply with all requests made by CICIBAS by means of the Website to obtain the COO and through the Arrangements; and (xiii) repair any and all damages, direct or indirect (including those arising from the violation of any intellectual property rights, confidentiality and personality rights), that are caused to The Operator or to any third party, including as a result of non-compliance with the provisions of these T&Cs, or of any harmful act committed against The Operator or against third parties.
o The User acknowledges that The Operator does not, and is not under the duty to, revise any Content, and as such may not be held liable for any such Content, and that The Operator does not control or intervene with the decisions of CICIBAS, and the User accepts that The Operator disclaims all possible responsibility in connection with their decisions and the results of any of their acts, including, but not limited, in relation to the Arrangements.
o The User declares that it is aware of the fact that applying for a COO and/or for the analysis/validation of the export documents and following up on the corresponding submitted applications are subject to the rules and requirements set forth in the Applicable Law, as well as the relevant laws and enactments of CICIBAS; the User is also aware of the fact that failure to comply with the applicable rules/requirements may result in non-granting the sought COO and/or in the rejection of the export documents analysed/validated by CICIBAS or in granting these in a quality that is not desired by the User.
4. The Operator's Rights, Warranties and Limitations of Liability
o The Operator excludes all warranties and guarantees –whether express or implied– in connection with the Use or dealing with CICIBAS, and the User accepts such exclusion.
o The Operator shall not have any liability or responsibility to any User for any loss, and/or damage sustained form any Use, including consequential loss of business or profits, loss of anticipated savings, loss of business opportunity, loss of data, loss of goodwill, or any other loss.
o Arrangements are binding contracts between the User and CICIBAS. The Operator is not in any way a Party to any Arrangement nor does any statement provided in the Website be considered as a consultation, opinion (legal, investment, or otherwise), recommendation, or encouragement to enter into any such Arrangement or to conclude any legal transaction; it remains up to the User to conduct his/her due diligence and satisfy himself as to the identity, capacity, illegibility, and solvency of CICIBAS, it is also up to the User to determine that the services offered by CICIBAS fit the needs and other practical considerations pertinent to the User, and The Operator shall not be held liable for any breach to the Arrangement or to a dispute between the parties thereto, such as, by way of example, claims of fraud, false representation, inducement etc.
o The Operator does not make nor provide any representation, warranty, guarantee, or recommendation for or in favor of CICIBAS and/or under any Arrangement whatsoever, nor may the same be considered as a partner, guarantor, or be in any other legal form liable towards the User for any act, omission, or transaction between the parties in respect of any Arrangement.
o The Operator shall have the right to amend and/or replace these T&Cs from time to time, such amendments and/or replacements shall be effective upon publication on the Website.
o At its sole discretion, The Operator may: (i) change, update or discontinue the Website, in part or in whole, or the services available through it at any time, independently if made available free of charge or in a paid-up manner; (ii) make declarations/circulars as to the changes that The Operator deems substantial, (iii) delete any Content and/or suspend any account without the need to show causes, (iv) amend these T&Cs from time to time.
o In the event that a User fails to comply with any provision of these T&Cs or any legal provision, without prejudice to other measures, The Operator may, by itself or by third parties, at any time, in its sole discretion, without the need for any prior or subsequent notice or notification to any user of the Website or to any third party, in any form or by any means, without prejudice to initiating the appropriate legal measures, (i) suspend or limit the User’s access to the Website, (ii) suspend or block the User’s account temporarily or permanently, and/or (iii) take other civil or criminal measures that it deems necessary for compliance with these T&Cs, for the proper functioning of the Website and for the reparation of the respective damages caused.
o The User’s Use of the Platform is at its sole risk, and the Website is provided on an 'as is'. The Operator does not warrant that (i) access to the Website, its content and/or its operation will be uninterrupted or error-free; (ii) access to the Website, its content and/or its operation will meet your needs and expectations; (iii) the Website will function in a timely and secure manner; (iv) the content available on the Website will be accurate or completely reliable; and (v) any errors in the content or the Website will be effectively corrected.
o The Operator does not guarantee that the content of the Website is free from contamination by viruses or other harmful or destructive elements. The Operator endeavors to ensure the reliability of the Website and its content, but cannot guarantee their total accuracy, correctness, or reliability.
o Under no circumstances shall The Operator be liable for (including, but not limited to):
i) the improper use of the Website by Users, and/or for the Contents uploaded, sent and/or transmitted through the Website, including any type of virus, inaccurate or low-quality information, regardless of their knowledge and/or consent;
ii) failures, technical impossibilities, unavailability of the Website arising from circumstances beyond The Operator’s control and will, including, but not limited, to misuse or technical problems in the terminals, devices or internet access, or any unavailability of the Website resulting from the digital structure or technology and systems of the Users;
iii) reviewing the Content shared through the Website (such review may, however, be carried out at any time by The Operator if it is necessary to investigate compliance with these T&Cs or possible fraud, to comply with applicable legislation or a judicial/administrative order, or for the operation of the Website, among others);
iv) tax obligations arising from Users’ activities related to the Use of the Website. The User and/or CICIBAS, as applicable, is exclusively and fully responsible for all taxes and duties levied on their activities related to the Use of the Website;
v) the effective fulfillment of the obligations assumed by CICIBAS. Users acknowledge and accept that when negotiating with CICIBAS they do so at their own risk, recognizing that The Operator, in this case, is only an intermediary for the issuance of the COO and/or the analysis/validation of the export documents and is not responsible for its delivery, suitability, quality and performance;
vi) outdated, incomplete or untrue data provided and updated by third parties and/or Users;
vii) any damages or compensation arising from the failure of any User and or CICIBAS to fulfill an obligation
viii) any actions and/or omissions by the User or CICIBAS, especially in relation to the Arrangements and the interactions carried out by means of the Website.
o The Operator uses third-party services to maintain the functioning of the Website (for example, hosting servers), and therefore failures in such services and interruptions may occur as a result of periodic and scheduled maintenance or to correct any errors. The Operator shall not be liable for any loss or damage arising from the failure of the services of these third parties, but shall, as far as possible, keep the User informed of the time and measures being taken to remedy such failure.
o The Website may contain links or connections to third-party sites or services that are not owned nor controlled by The Operator, so The Operator assumes no responsibility for the content, accuracy, policies, practices, opinions expressed on any of these third-party sites or by any third party that the User interacts with through the Website.
5. CICIBAS’ Warranties & Obligations
o CICIBAS acknowledges to be responsible for the actions performed by the Users it allows on the Website and for the provision of the services related to the issuance of the COO and/or the analysis/validation of the export documents, as well as to the other obligations established in the Arrangements.
o CICIBAS declares to be entitled to perform the services offered on the Website and undertake to adopt the best practices in the provision of the services and in the fulfilment of their obligations under the Arrangements.
o CICIBAS shall keep The Operator, its officers, directors, and employees harmless from and against any and all claims, costs, damages, fines, losses, liabilities, expenses, and attorneys’ fees (collectively, “Complaints”) caused by, or related to the services provided by means of the Website, the issuance of the COO and/or the analysis/validation of the export documents.
6. Payments
o The User acknowledges that the amount to be paid by the User depends either on the number of documents necessary throughout the export process or the kilograms involved in the invoice.
i. The COO price is fixed in BRL 34 (thirty-four Brazilian reais) however, the analysis/validation of the export documents varies according to the guidelines below:
a. If the invoice weight is greater than 100,000 kg (one hundred thousand kilograms), the price will be calculated based on Table B (link), which uses the following formula:
Table B analysis/validation of the export documents formula: [invoice weight (kgs)] * 4(USD/Ton. rate) * PTAX(BACEN Exchange rate) / 1000;
b. If the invoice weight is lower or equal to 100,000 kg (one hundred thousand kilograms), it is necessary to check the invoice value. If the invoice value is greater than USD 40,000 (forty thousand United States dollars), the price will be calculated based on Table A1 (link), which uses the following formula:
Table A1 analysis/validation of the export documents formula: BRL 340 (analysis/validation of the export documents price) * [documents quantity];
c. If the invoice weight is lower or equal to 100,000 kg (one hundred thousand kilograms), it is necessary to check the invoice value. If the invoice value is lower or equal to USD 40,000 (forty thousand United States dollars), the price will be calculated based on Table A2 (link), which uses the following formula:
Table A2 analysis/validation of the export documents formula: BRL 207 (analysis/validation of the export documents price) * [documents quantity];
ii. Thus, if the User is only issuing the COO, the price will be solely BRL 34 (thirty-four Brazilian reais). However, if the user issues the COO and go through the analysis/validation of the export documents, price will be composed by BRL 34 (thirty-four Brazilian reais) added by the price reach out once going through the applicable formula described above.
iii. Also, if the cost of the analysis/validation of the export documents, regardless of the table it is listed under, exceeds BRL 3,500 (three thousand, five hundred Brazilian reais), the price will be capped at BRL 3,500 (three thousand, five hundred Brazilian reais).
iv. For further information on how the fees will be calculated, please access this link.
o The User shall have the option to perform the payment to CICIBAS by debit or credit card, bank slip (boleto bancário), or PIX, and The Operator shall issue the payment receipt directly through the Website. In case the User fails to perform the payments in a timely manner, CICIBAS shall, at its sole discretion, choose to request that The Operator suspends the User’s account until the payment is performed.
o CICIBAS commits to perform the recording of all financial transactions performed by the Users on the Website.
To proceed with payment and certificate issuance, The User should adhere to the following steps:
v. Initiate the COO and/or the analysis/validation of the export documents request process by filling in the required information, which may include the upload of the export documents to be analyzed/validated on the Website;
vi. The system will direct the User to the payment checkout page;
vii. Select the preferred payment method from the available options;
viii. Remit the payment regarding the issuance of the COO and/or the analysis/validation of the export documents;
ix. Once the payment is confirmed through a transaction ID from the payment provider, a payment receipt will be generated to validate the successful transaction;
x. The administrator will conduct a thorough review of the request, and upon completion of the information, the COO will be issued and/or the analysis/validation of the export documents will be concluded;
xi. The Operator will not provide any refunds, regardless of the administrative decision during the review process.
7. Indemnity
o The User shall indemnify The Operator against all actions, claims and demands (including the cost of defending or settling any action, claim or demand), which may be instituted against The Operator, arising out of the Use or breach of these T&Cs by the User or the negligence of the same.
o Without restricting the generality of the preceding paragraph, the User ensures and guarantees to The Operator that it accepts to take full responsibility for all the acts and omissions conducted via its account and/or done by any of its subordinates on joint and several basis.
8. Intellectual Property
o All rights relating to the Website and its functionalities are the exclusive property of The Operator, including, but not limited to, the Website, other software, any texts, images, layouts, codes, databases, graphics, trademarks, slogans, domain names, databases, company names, logos, icons, trade dress, “know-how”, techniques, registers, trade secrets, designs, specifications, diagrams, interpretations, forecasts, look-and-feel, reports, and other content produced directly or indirectly by The Operator, as well as the selection and organization of these elements. Through these T&Cs, The Operator solely grants you a limited, temporary, revocable, non-exclusive, and non-transferable license to use the Website, always in accordance with these T&Cs. Therefore, you will not be granted any right of use, license, or assignment of intellectual property other than those expressly provided for in these T&Cs.
o The Operator guarantees Users, provided that the T&Cs are respected, the right to use the Website. However, it is expressly forbidden: (i) to reproduce, copy or retransmit the Website, in part or in whole; (ii) to use a data mining device and/or one that has similar functionality to collect and/or extract data from the Website; (iii) to manipulate or display the Website and/or its respective content using framing or similar navigation technology; (iv) to reverse engineer the Website; and (v) to carry out actions that may cause any damage and/or harm to The Operator’s and third parties’ intellectual property rights, as well as to the operation of the server(s).
9. Confidentiality
o The User hereby acknowledges that any and all information to and over the Website, as well as to The Operator’s intellectual property are also considered as confidential (“Confidential Information”) and shall not be used by the User for any purpose other than using the Website and further undertakes (i) not to disclose such Confidential Information to any third-parties without The Operator’s written express consent, and (ii) to treat the Confidential Information of The Operator at least with the same level of protection it processes its own confidential information, but in no event less than a reasonable level of protection.
o The User also acknowledges that his/her login and respective password are the sole responsibility of the User, who assumes all and any responsibility for their confidentiality and their use, signing of contracts and for other actions carried out on their account that may harm other Users, third parties or systems connected to the internet network, or for other actions that are in disagreement with the applicable legislation in force and with these T&Cs.
o It is the User’s sole responsibility to prevent the loss of data, use of improper information or any other damage suffered as a result of improper use of their account, and they must keep their password inaccessible, thus excluding The Operator’s liability in situations such as these, in the manner and within the limits of the applicable legislation. If you identify that any User is using the Website in such a way as to violate the above restrictions, please report it by e-mailing [atendimento@cicibas.org.br]
10. Data Privacy and Cybersecurity
o By using the Website, the User acknowledges that the User’s Data and the Content uploaded on the Website are his/her sole responsibility and guarantees that he/she has all necessary authorizations and powers to use the Website and its functionalities, as well as to share such User’s Data and Content with The Operator, CICIBAS and any other party that may have access to it.
o The Users are entitled to edit, update, or delete their personal data directly through the Website.
o The User also acknowledges that The Operator shall process such User’s Data and Content by means of the Website and in order to provide the services and enable the issuance of the COO and/or the analysis/validation of the export documents by CICIBAS. The Operator will process and retain the User’s Data and the Content in accordance with the provisions of the Privacy Policy, which shall be accessible through this link.
The Operator may be subject to the Brazilian Internet Act (Law No. 12,965/2014) and, as such, it shall be obliged to maintain information on the date, time of use and User’s IP address for purposes of compliance with legal obligations. Upon expiry of the period established by law, except as permitted or required by the Applicable Law, The Operator shall delete such information. For more information on the processing and retention of personal data by The Operator, please refer to our Privacy Policy (link).
o In order to guarantee the safety and confidentiality of the information, The Operator implemented the following security measures:
a. Encryption Controls;
b. Security Tools Integration Controls;
c. Database & Server Controls;
d. API Security Controls; e. Application Development Controls;
f. Network Connectivity and Access Controls;
g. Reviews and Process Controls;
h. Administration Controls;
i. Session Management Controls;
j. Security Logs and Auditing Controls;
k. Access Rights and Profiles Controls;
l. User ID and Password Management Controls; and
m. Authentication Controls.
11. Notices
o Any notice or other communication in connection with these T&Cs by The Operator to an User shall be via e-mail to the e-mail address provided by the User upon signing up or via the communication tool offered by the Website. Any notice shall be deemed to have been received by the User once it has been sent to the mentioned e-mail address or served via the communication tool.
o Correspondences made to The Operator shall not have any effect unless sent to the following email address atendimento@cicibas.org.br, and provided that a confirmation of receipt is sent to the sender.
o The User acknowledges that The Operator may from time to time, send electronic messages to market or promote The Operator, The Operator’s partners, or third parties goods and services.
12. Governing Law and Jurisdiction
o These T&Cs, as well as the relationship between The Operator and the User, shall be governed by and construed in accordance with Brazilian law. The parties agree to submit to the exclusive jurisdiction of the São Paulo District Court for the resolution of any dispute regarding these Terms of Use or the relationship between the User and The Operator.
13. General Provisions
o The User hereby declares and accepts that all representations, statements, undertakings, and warranties made under these T&Cs on its part are –in addition to The Operator– valid to CICIBAS and any other Users, and as such the mentioned individuals are entitled to directly invoke any of the foregoing or demand enforcement of the same vis-à-vis the User.
o The T&Cs and the Policies –as may be amended from time to time– constitute the entire The Operator-User contract as to the Use of the Website and availment by User of the services and benefits which the Website offers. This change will be notified to its registered Users and updated on the Website. Users will be asked to accept the new T&Cs under penalty of having their access suspended. The User shall not assign his/her rights and obligations arising from these T&Cs without The Operator’s prior written consent. The Operator may assign these T&Cs, without the need to obtain the User’s prior consent, to any entity of its economic group worldwide, as well as to any person or entity that succeeds in the exercise of its business by any title.
o In the event that any provision or portion of these T&Cs is determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of these T&Cs shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
o It is further understood and agreed that no failure or delay by The Operator in exercising any right, power or privilege under these T&Cs shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power, or privilege hereunder.