Terms of Use
This Website, Administrative Portal and Application are operated by MINHA VISITA LTDA, registered with CNPJ 28.600.034/0001-36, with headquarters at Av Nicolau Becker, 1030, Centro, Novo Hamburgo, RS, CEP 93510-078, Brazil.
These Terms of Use contain the terms and conditions for the use of the platform developed by Minha Visita, which offers professionals and companies systems that enable the management of commercial processes through the services of the Administrative Portal and Application, known as Platform.
These Terms of Use are valid for any information, texts, images and information that are inserted or linked to the Services offered by Minha Visita.
ACCEPTANCE OF THESE TERMS OF USE IS ESSENTIAL TO USE THE SITE AND THE SERVICES OFFERED BY THE PLATFORM. ALL EMPLOYEES MUST BE IN AGREEMENT WITH THE TERMS OF USE, USE OF THE PLATFORM IMPLIES FULL ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS HEREIN, DO NOT USE THE SITE AND THE PLATFORM OR CONTRACT THE SERVICES.
Acceptance of these Terms of Use implies acceptance of the Privacy Policy, an integral and inseparable part of these Terms of Use, which deals with the collection, use, storage, processing, security and control of employees' personal information, and can be found at the link: minhavisita.com.br/politica-de-privacidade
Access to and use of the Website and Platform are directed exclusively to people over 18 (eighteen) years of age, who have full legal capacity to use them; and to companies in regular situations, legally constituted and existing in accordance with applicable legislation. If Minha Visita detects any account created using false information, irregular or non-existent companies, that account will be immediately blocked, without prior notice and these Terms of Use will be automatically terminated.
Minha Visita LTDA.
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1. SERVICES
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- 1.1. The services are offered through the Platform, which is found on the Website and in the Google Play and Apple Stores. The check-in application allows the use of some features without the need for internet (mobile data or Wi-Fi) and when online the data will be updated. Monitoring of checks (visits) can be done through the Administrative Portal and accessed at the link: minhavisita.com.br/admin
- 1.1.1. Features available on the Platform:
- 1.1.1.1. Check-in tracking in real time;
- 1.1.1.2. Customer Registration;
- 1.1.1.3. Shared calendar;
- 1.1.1.4. The Distance Calculator can be monitored through the Check made via the application, which records the point generating a report for each day worked.
- 1.1.1.5. Check-in with photos that allows you to send photos at the time of check-in. Photos are available during the subscription period. After the subscription ends, photos can be requested within 15 days. Deleted photos are available within 15 days of deletion.
- 1.1.1.6. It is prohibited to send content such as:
- 1.1.1.6.1. Pornographic, bigoted, racist or offensive material.
- 1.1.1.6.2. Incitement or condonation of crime or information about illegal activities;
- 1.1.1.6.3. Encrypted or password-protected files or pages that contain inappropriate information defined in these rules;
- 1.1.1.6.4. Slanderous material, which falsely attributes to someone a fact defined as a crime, insulting statements that offend someone's dignity or decorum as well as defamatory statements, attributing to someone a fact that is offensive to their reputation;
- 1.1.1.6.5. Information regarding software piracy;
- 1.1.1.6.6. Material protected by copyright or industrial rights, the publication of photos, texts or sound files or videos is prohibited without the authorization of the representative of the work or company responsible.
- 1.1.2. Features such as: Distance Calculator, Check-in with Photos, customer registration, along with the Check, are available via mobile device, through an application available for download (the “Application”). Additional terms and conditions may govern your use of the Application. In this case, the additional terms and conditions of the Application are incorporated into these Terms of Use by reference and are binding on Contributors. The use of the Services through the Application may involve the display of icons and data on the mobile device, the content of which may be updated periodically via the Internet and/or communications system. The User is responsible for any and all charges charged by the mobile operator for connecting the Application to the Internet for the corresponding use of the Service by the Employee. Downloading, installing or using certain applications may be prohibited or restricted by the Employee's mobile operator or may be technically limited by the mobile device itself, so that the Platform's functionalities included in the Application may not work on some mobile devices or telephone operators cell phone.
- 1.1.1. Features available on the Platform:
- 1.1. The services are offered through the Platform, which is found on the Website and in the Google Play and Apple Stores. The check-in application allows the use of some features without the need for internet (mobile data or Wi-Fi) and when online the data will be updated. Monitoring of checks (visits) can be done through the Administrative Portal and accessed at the link: minhavisita.com.br/admin
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2.REGISTRATION
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- 2.1. To register and use the Services, the Employee must register in advance and voluntarily provide information about themselves, such as: name, email, login, password and telephone number. Minha Visita is not responsible for the information provided by users of the App and considers that the information may be used as forms of internal advertising.
- 2.2. The account holder and administrator will be the one defined at the time of registration, based on the data provided by the Employee (“Administrator Employee”). The account is personal and can only be accessed through the use of the login and password created by the Employee himself at the time of registration, being the sole and exclusive responsible for maintaining the confidentiality of his login and password, in order to guarantee the security of his account. and prevent unauthorized access by third parties. The Employee is solely responsible for all activities associated with their account. In case of loss, misplacement or suspected misuse of your account, login or password, Minha Visita must be immediately notified so that appropriate measures can be taken to change data. If duplicate accounts are verified, Minha Visita may permanently disable all duplicate registrations, regardless of any prior notification.
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3. SUBSCRIPTION PLAN
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- 3.1.The Services may be contracted by subscribing to a plan by the Administrator Collaborator:
- 3.1.1. Starter Plan: Allows 5 registrable users.
- 3.1.2. Premium Plan: Allows 40 registrable users.
- 3.1.3. Advanced Plan: Allows more than 40 registrable users. The values and resources are described on the official website: www.minhavisita.app
- 3.2. The Administrator Collaborator is responsible for allowing access to the account to Registered Collaborators, as well as having control over their access. If the Registered Collaborator wishes to obtain any information about the account, they must contact the Administrator. The deactivation of the Registered Collaborator, for any reason, is also the sole responsibility of the Administrator. Minha Visita will only manage the data previously provided if requested by the Administrator.
- 3.1.The Services may be contracted by subscribing to a plan by the Administrator Collaborator:
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4. SERVICE CHARGING
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- 4.1.Minha Visita offers payment options via bank slip and credit cards. For companies outside Brazilian territory, credit card only.
- 4.2. The credit card numbers provided by the User are registered directly in the database of the payment gateway administrator, PJBank, not allowing third parties access to this information. When informing the data to the administrator, the administrator checks the online transaction carried out and returns only with information on whether or not the purchase has been released, so that the Employee's bank details are not revealed..
- 4.3. Once payment is confirmed, the Employee will receive an email and descriptions and instructions of the Service they have just purchased, if the operation has been completed successfully. If the payment is not approved by the card administrator or is unsuccessful, the contract for the Services will be canceled and no amount will be charged to the Employee.
- 4.5. From time to time, we may change our plans and the price of our service. Subscription prices may be adjusted automatically each year or more frequently, as permitted by current legislation and according to the General Market Price Index (IGP-M) published by Fundação Getúlio Vargas or another equivalent index applicable to Minha Visita.
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5. CANCELLATION
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- 5.1. IF THE USER WISHES TO CANCEL THE SUBSCRIPTION, THEY MUST INFORM MY VISTA by email (financeiro@minhavisita.com.br) or through the subscription area/financial area. Which can be accessed through CNPJ and finance email.
- 5.2.The User may withdraw from contracting the Services within 15 (fifteen) days of Subscription (the “Reflection Period”).
- 5.3. The User is aware that when canceling the Subscription and/or undoing their registration, the action is irreversible and all their Personal Information, as well as all the content inserted on the Platform will remain stored in the Azure Cloud for 30 days, after this period, it will not be possible to recover any lost information. Minha Visita, under no circumstances, can be held responsible for any damage arising from the cancellation of the Subscription and/or deactivation of the registration.
- 5.4. Minha Visita reserves the right to suspend or cancel, at any time, the access of any Employee to the Platform in the event of proven fraud, obtaining a benefit or advantage illegally or due to non-compliance with any of the conditions of these Terms of Use In these cases, no compensation will be owed to the Collaborator, and Minha Visita may take appropriate recourse action, if necessary, as well as any other measures necessary to pursue and protect their interests.
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6. MINHA VISITA'S RESPONSIBILITY
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- 6.1. Minha Visita uses third-party services to keep the Platform functioning, and failures may occasionally occur in such services. Minha Visita will not be responsible for any losses or damages arising from the failure of the services of these third parties.
- 6.2.Minha Visita guarantees that, except as provided for in these Terms of Use, the Platform will operate 24 (twenty-four) hours a day, 7 (seven) days a week, including holidays, and must present full conditions of access and operation during, minimum, 95% (ninety-five percent) of the time. If errors are detected in the use of the Platform or there are difficulties in accessing it, the Minha Visita support center must be notified by telephone at +55 51 3781–3310 or by email at support@minhavisita.com.br. The Support Center will be available from Monday to Friday, from 9am to 6pm (Brasília time), except local, state and national holidays.
- 6.3. Minha Visita will also offer basic support to the Employee regarding the Services, which involves clarifying doubts regarding the use of the Platform, as well as available plans, prices, possible problems regarding payments and errors arising from the Platform itself. No additional charge for support provided.
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7. COLLABORATOR/USER RESPONSIBILITIES
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- 7.1. These are the User's responsibilities:
- 7.1.1. Use the Website and Platform appropriately and diligently, in accordance with the Terms of Use, the law, morals, good customs and public order;
- 7.1.2. Keep the environment of your devices accessing the Website and Platform safe, using specific tools for this purpose, such as antivirus, firewall, among others, in order to contribute to the prevention of electronic risks;
- 7.1.3. Use updated and efficient operating systems to fully use the Platform;
- 7.1.4. Have and be responsible for the hardware devices necessary to access the Platform, as well as their access to the Internet;
- 7.1.5. Do not maliciously exploit the security of the Platform to carry out illegal acts, prohibited by law and these Terms of Use, harmful to the rights and interests of third parties, or which, in any way, may damage, disable, overload or deteriorate the Platform, as well as the computer equipment of other Employees or other users (hardware and software), as well as documents, files and all content stored on their devices or prevent the normal use or enjoyment of the Website, the Platform and the Services;
- 7.1.6. Keep a copy of all content and data that you deem important, considering that the Platform may go through maintenance periods;
- 7.1.7. Guarantee the veracity, quality, integrity and legality of your data and the means through which you acquired your data.
- 7.1.8. Act to prevent unauthorized access to the use of the Services and notify Minha Visita immediately of any unauthorized access or use;
- 7.1.9. Do not sell, resell, rent or lease the Service;
- 7.1.10. Check whether the content of the file inserted on the Platform corresponds to what is advertised in it.
- 7.2. O Usuário declara e garante que todos os conteúdos inseridos por ele na Plataforma:
- 7.2.1. Do not violate Brazilian legislation, the provisions of these Terms of Use and other applicable regulations;
- 7.2.2. Do not and will not infringe any obligation or right of any third party, whether natural person or entity, including, without limitation, intellectual property rights, copyrights, image rights, privacy, consumer rights, among others; and
- 7.2.3. Use updated and efficient operating systems to fully use the Platform;
- 7.2.4. Any damage caused by the Contractor to Minha Visita or to third parties due to non-compliance with the obligations set out here or the non-veracity of the guarantees stated here will be repaired exclusively by the Employee causing the damage, without there being any need to talk about subsidiarity of Minha Visita's obligation.
- 7.1. These are the User's responsibilities:
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8. INTELLECTUAL PROPERTY
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- 8.1. Subject to these Terms of Use, Minha Visita grants the Collaborator a limited, temporary, non-exclusive and non-transferable license to use the Platform and the Website only as strictly necessary to fulfill the obligations and enjoy the rights set out in these Terms of Use.
- 8.2. All rights relating to the Platform, as well as its functionalities, are the property of Minha Visita, including with regard to all intellectual property rights related to its texts, images, graphics, brands, layouts, codes, databases and other content produced directly or indirectly by Minha Visita (“Intellectual Property Rights”). The misuse of any content or brands presented on the Website and Platform is expressly prohibited.
- 8.3.Intellectual Property Rights are protected by copyright and industrial property laws. It is prohibited to use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell or exploit Intellectual Property Rights for any purpose. No copying, distribution, reverse engineering, display of the Platform, the Site and/or Intellectual Property Rights should be understood as a restriction or waiver of Minha Visita Visita's intellectual property rights.
- 8.4. Any use of Intellectual Property Rights may only be made with prior and express authorization from Minha Visita. The Collaborator assumes any and all liability, of a civil and/or criminal nature, for the improper and unauthorized use of Intellectual Property Rights.
- 8.5. Any suggestion, request for improvements, recommendations or other ideas provided by the Contractor to Minha Visita, related to the functioning of the Platform, will not grant the User any right of ownership over the functionalities eventually implemented by Minha Visita, so that the Contractor will not have any right of retention, use or compensation.
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9. CHANGES TO TERMS OF USE
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- 9.1. Minha Visita is always making updates to improve the Platform’s functionalities. For this reason, these Terms of Use may be changed, at any time and at Minha Visita's sole discretion, in order to reflect adjustments made to the Platform. Whenever any modification occurs to these Terms of Use, Minha Visita will send an email to the user indicating the date on which said change will come into effect and will ask the Employee to accept the new provisions. If the Collaborator does not agree with the new provisions of the Terms of Use, the Collaborator may, at its sole discretion, reject it, but, unfortunately, this means that the Collaborator will no longer be able to access the Platform and make use of its features. If in any way the User continues to use the Platform, even after the Terms of Use have been changed, this means that the employee agrees with all modifications.
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10. OTHER ARRANGEMENTS
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- 10.1. These Terms of Use do not create any other type of relationship between the Employee and Minha Visita, including, without limitation, company, joint venture, mandate, representation, partnership, consortium, association, formation of an economic group, employment relationship or similar. Minha Visita will remain an independent and autonomous entity.
- 10.2. Minha Visita may assign the rights and obligations relating to these Terms of Use to companies within its same economic or corporate group, through simple written communication to the Employee.
- 10.3. The omission or tolerance of Minha Visita in demanding strict compliance with the terms and conditions defined herein will not, under any circumstances, constitute a novation or waiver, nor will it prevent Minha Visita from covering these rights at any time.
- 10.4. The Employee may contact Minha Visita directly through the 'Questions' or 'chat' icon available on the Website, or through the following communication channels:
- 10.4.1. E-mail: contato@minhavisita.com.br
- 10.4.2. Telephones: +55 51 3781-3310
- 10.4.3. Opening hours are Monday to Friday, 9am to 6pm, Brasília time, Brazil.
- 10.5. These Terms of Use are governed by the laws of the Federative Republic of Brazil. Any doubts and situations not provided for in these Terms of Use will first be resolved by Minha Visita and, if they persist, they must be resolved in the court of the city of Novo Hamburgo, State of Rio Grande do Sul.
- 10.6. Any questions or requests related to these Terms of Use must be sent to Minha Visita via email contato@minhavisita.com.br.
Minha Visita LTDA.