General terms and conditions for using the portal and the PHI Big Data Center portal

The services of this portal are provided by PHI Global Market SAS, holder of the intellectual property rights over software, website, applications, content and other assets related to the same.

1. Object

The portal aims to license the use of its software, website, applications and other intellectual property assets, providing tools to aid and streamline the daily lives of its users.

The portal is characterized by providing the following service: approximation of buyer and seller of a series of assets, with the purpose of promoting and facilitating the closing of deals, always providing maximum security to all those involved.

The portal enables the possibility of conducting the sale of assets at a distance by electronic means of the following products or services: agricultural commodities, livestock, mineral, environmental, mines and reserves.

2. Acceptance

This Term establishes obligations contracted freely and spontaneously, for an indefinite period, between the portal and its users.

On using the portal, the user fully accepts these rules and undertakes to observe them, at the risk of applying the appropriate penalties.

Acceptance of this instrument is indispensable for accessing and using any services provided by PHI.

If the user does not agree with the provisions of this instrument, he/she should not use them.

3. User access

All technical solutions available to the person responsible for the portal will be used to allow access to the service 24 (twenty-four) hours a day, 7 (seven) days a week. However, navigation on the portal or on any of its pages may be interrupted, limited or suspended for updates, modifications or any action necessary for its good functioning.

4. Registration

Access to the functionalities of the portal will require prior registration. When registering, the user must inform complete, recent and valid information, and it is the user's sole responsibility to keep this information updated.

The user undertakes not to inform his/her registration and/or portal access data to third parties, being fully responsible for the use made thereof.

Minors under 18 years of age and those who do not have full civil capacity must previously obtain the express consent of their legal guardians to use the portal and the services or products, being the sole responsibility of the same the eventual access by minors and those who do not have full civil capacity without prior authorization.

By registering, the user expressly declares and guarantees that he/she is fully capable and able to freely use and enjoy the services and products.

The user must provide a valid e-mail address through which the portal will carry out all necessary communications.

After registration is confirmed, the user will have a login and a personal password, which ensures the user individual access to it. Thus, the user is exclusively responsible for keeping this password confidential and secure, avoiding undue access to personal information.

All and any activity carried out with the use of the password will be the responsibility of the user, who must promptly inform the portal in case of improper use of the respective password.

It will not be allowed to assign, sell, rent or transfer, in any way, the account, which is personal and non-transferable.

The user must ensure that his equipment is compatible with the technical characteristics that allow the use of the portal and services or products.

The user may, at any time, request the cancellation of his registration with the portal The cancellation will be carried out as soon as possible. The user, by accepting the Terms and Privacy Policy, expressly authorizes the portal to collect, use, store, treat, assign or use the information derived from the use of the services, the site and any portal, including all the information filled out by the user at the moment he realizes or updates his registration, besides others expressly described in the Privacy Policy that must be authorized by the user.

5. Services or products

The portal may make available to the user a specific set of functionalities and tools to optimize the use of the services and products.

On the portal the services or products offered are described and presented with the highest degree of accuracy, containing information about their characteristics, qualities, quantities, composition, price, guarantee, expiration dates and origin, among other data, as well as about the risks that they present to the health and safety of the user.

6. Prices

The portal, as a mere facilitator, reserves the right to leave it up to the registered vendors to establish and unilaterally readjust, at any time, the values of the services or products without prior consultation or agreement of the user.

The values applied are those in effect at the time of the execution of the deal.

Prices are indicated in local currency or U.S. dollars and do not include commissions, which are specified separately and are informed to the user before closing the deal.

When contracting a certain service or product, the portal may request information about the financial capacity of the purchasing user and also the proof of existence and legality of the product sold. Said seller and buyer data may be stored to facilitate future access and negotiations.

7. Support

In case of any doubt, suggestion or problem with the use of the portal, the user may contact the support through the e-mail business@phigold.global

Responsibilities

It is the user's responsibility:

- Defects or technical vices originated in the user's own system;

- The correct use of the portal, services or products offered, respecting the good coexistence, respect and cordiality among the users;

- For the compliance and respect to the set of rules disposed in this Term of General Conditions of Use, in the respective Privacy Policy and in the national and international legislation;

- For the protection of your account/profile access data (login and password).

- For providing truthful information about products, sales conditions and purchase conditions. The information disclosed by users are the sole responsibility of the users themselves.

1.     Users declare that the products traded on the portal are of licit origin, respecting what is determined by the current legislation in the country, as well as the guidelines of Regulatory Agencies, especially those that regulate matters of environmental order and the Anti-corruption Law.
2.    2. Declare also that the products traded on the portal are their own responsibility, and that PHI, its executives, partners, directors or employees are not liable for any discussions involving the origin, quality and legality of the products traded.
3.    USERS guarantee and are responsible, in any case, both civilly and criminally, for the veracity, exactness and authenticity of the personal data registered and the documents annexed to the PORTAL. 

It is the responsibility of the PHI portal to 

- Indicate the characteristics of the service or product, bringing together the respective parties in the business, the selling party and the buying party.

- Publicize the products offered and select potential buyers, preserving personal or legal data until the deal is closed.

- Repressing untruthful content or illicit activities practiced by users of the portal.

PHI is not responsible

- For external links contained in its system that may redirect the user to an environment outside its network.

No external links or pages that serve commercial or advertising purposes or any information that is illicit, violent, controversial, pornographic, xenophobic, discriminatory or offensive may be included.

8. Copyrights

This Term of Use grants users a non-exclusive, non-transferable and non-sublicensable license to access and make use of the portal and the services and products made available by it.

The structure of the site or application, brands, logos, commercial names, layouts, graphics and interface design, images, illustrations, photographs, presentations, videos, written and sound and audio content, computer programs, databases, transmission files and any other information and intellectual property rights of PHI Global Market SA, in compliance with the terms of the Industrial Property Law, the Copyright Law and the Software Law, are duly reserved.

The "Terms of Use" does not assign or transfer to the user any rights, so that access does not generate any intellectual property rights to the user, except for the limited license granted herein.

The use of the portal by the user is personal, individual and non-transferable, and any unauthorized use, commercial or non-commercial, is prohibited. Such use will constitute a violation of the intellectual property rights of the PHI portal, punishable under the terms of the applicable legislation.

9. Penalties

Without prejudice to other applicable legal measures, Plataforma PHI may, at any time, warn, suspend or cancel the user's account:

- Who violates any provision of this Term;

- Who fails to comply with his/her user duties;

- Who engages in any fraudulent, malicious or offensive behavior towards third parties.

PHI works on a structured, legal basis and does not engage in any action of a speculative nature. Therefore, PHI is entitled to ban any user who deceptively uses the portal to disseminate false offers or who fails to honor the bases established in the contract.  

10. User cancellation

Failure to comply with the obligations agreed to in this Term of Use or in applicable legislation may lead PHI, without prior warning, to the immediate cancellation or banning of the user as well as the blocking of all of the services provided by the portal.

11. Alterations

The items described in this instrument may be altered unilaterally and at any time by PHI in order to adapt or modify the services, as well as to meet new legal requirements. The alterations will be forwarded via the system to users, who may choose to accept the new content or cancel the use of the services if they are subscribers to any PHI service.

The services offered may, at any time and unilaterally, and without any prior notice, be discontinued, altered in their characteristics, or restricted for use or access.

12. Privacy Policy

In addition to this Term, the user must consent to the provisions contained in the respective Privacy Policy to be presented to all interested parties within the portal interface.

13. Forum

For the settlement of disputes arising from this instrument, the international law regulated by the ICC shall be applied in full. Any disputes shall be submitted to the jurisdiction of the district in which the company's head office is located.