Termos e Condições – hEDGEpoint Hub

These Terms and Conditions (“T&C”) apply to you, User of this Website and to hEDGEpoint, the owner of this Website. By accessing our Services, you expressly agree to all provisions of these T&C. If you do not agree with these T&C, you must stop using the Website immediately. If you have any questions, please contact us through our service channels:

[email protected]
and [email protected]

1. Definitions and Interpretation


In these T&C, the following terms shall have the following meanings:

Account: means collectively the personal information, including data, Payment Information and credentials used by the User to access the Content and/or any communication system on the Website;

Content: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored on a computer that appears on or is part of this Website;

Cookie: means a small text file stored in your browser when you visit certain parts of this Website. This allows us to identify you as a frequent visitor and personalize your experience through your browsing habits on our Website;

Data: means collectively all the information you submit/share/register on the Website.

hEDGEpoint Group: means the economic group of hEDGEpoint, composed of the companies:

(i) HEDGEPOINT SERVIÇOS LTDA, headquartered at Rua Funchal, nº 418, Conjunto 1801, E-Tower Building, Vila Olímpia, 04551-060, São Paulo/SP, Brazil;

(ii) HEDGEPOINT GLOBAL MARKETS DISTRIBUIDORA DE TÍTULOS E VALORES MOBILIÁRIOS LTDA., headquartered at Av. José de Souza Campos, 507 - 9th floor, Cambuí, 13.025-320, Campinas/SP, Brazil;

(iii) HEDGEPOINT SCHWEIZ AG (HEDGEPOINT SWITZERLAND LTD), headquartered at Seefeldstrasse 307, 8008 Zurich, Switzerland;


(iv)
HEDGEPOINT COMMODITIES LLC, headquartered at 311 S. Wacker Drive, Suite 550, Chicago/IL United States of America;


(v)
HEDGEPOINT GLOBAL MARKETS LLC, headquartered at 251 Little Falls Drive, Wilmington/DE, United States of America;


(vi)
HEDGEPOINT GLOBAL MARKETS PTE. LTD, headquartered at 30 Cecil Street, #19-08 Prudential Tower, Singapore;


(vii)
HEDGEPOINT GLOBAL MARKETS SA., headquartered at Yaguarón, number 1407 oficina 1506, Montevideo, Uruguay.

hEDGEpoint / HPGM / We: means HEDGEPOINT SERVIÇOS LTDA.

Payment Information: means User information that enables the payment of Services, including, but not limited to credit and debit card data (card number, expiration date and security code) and registration information.

Request: request made by you to acquire the Service.

Educational Services: means Educational Services, including but not limited to courses and short courses provided by hEDGEpoint to Users through this Website;

Subscription Services: means the Subscription Services of educational contents including, but not limited to, courses and short courses, and market intelligence reports provided by hEDGEpoint to Users through this Website;

Service or Services: means the Educational Services and/or Subscription Services provided by hEDGEpoint to Users through this Website;

System: means the infrastructure for communication and delivery of Contents offered to Users of the Services;


Third Parties:
means partners and suppliers of goods and/or Services of hEDGEpoint essential for the execution of our activities;


User or Users
: means any natural person accessing this Website;


Website:
means the website you are using (http://www.hedgepointhub.com) and any subdomains of it.

The interpretation of the T&C will occur as provided below:
a) any word referring to the singular must include the plural and vice versa;
b) any reference to male or female must include one or the other;
c) the expression “this clause”, unless followed by a reference to a specific provision, shall be deemed to refer to the entire clause and not just to the subclause, paragraph or other provision in which the expression appears;
d) the headings of clauses, sub-clauses and paragraphs are for reading convenience only and do not affect the interpretation of these T&C.

2. Changes in the Content, Website and Terms and Conditions

2.1. We reserve the right to change the Website, its Content or these T&C at any time, for legal reasons, through the use of new technologies and functionalities or whenever we deem that changes are necessary. By continuing to access the Website, you will be bound by any changes to the T&C. Failure to comply with the new T&C will result in the termination of the relationship between you and hEDGEpoint regarding the Services provided. hEDGEpoint undertakes to inform you, through our contact platforms, of any changes to these T&C.

2.2. The period of access to the Content will follow the guidelines of our commercial policy and the subscription plan or course contracted at the time of purchase, being (i) individual courses and mini-courses: access for a period of 3 (three) months or for the period indicated in the act of the purchase, if different, which may vary according to the chosen course; ( ii ) subscription plan: access to all Subscription Services for a period of 1 (one) year or for the period informed at the time of purchase, if different.



3. Age Restrictions

3.1. Only legal entities, individuals over 18 (eighteen) years of age and/or those allowed to perform all acts of civil life can acquire the Services. If you are not of the required age, you should not register an Account.

4. Registration and Account Creation

4.1. To acquire the Services on this Website, you must create an Account which will contain data that may vary according to the use of the Website, as Payments Information will only be required upon completion of the purchase. By continuing to use this Website, you represent and warrant that:
a) all information you submit is accurate and truthful;
b) you will keep your username and password confidential;
c) you are allowed to send the Payment Information;
d) you will keep this information up to date.
Account information is personal and non-transferable. You must not share your Account details, particularly your username and password, with any third party. We are not liable for any loss or damage incurred as a result of you sharing your Account details. If you use a shared computer, you should not save your Account details in your internet browser.
4.3. If you have reason to believe that your Account information has been accessed by someone else without your consent, you must contact us immediately to suspend your Account and cancel any unauthorized Requests or payments that may be outstanding. Be aware that Requests or payments can only be canceled within 07 (seven) calendar days of the Services being made available.
4.4. By registering on the Website and opening your Account, you assure to comply with the clauses set forth above and with the obligations set forth in Clause 8. Any failure to do so may result in the suspension and/or deletion of your Account.

5. Provision of Services and Requests

5.1. These T&C apply to the use of the Services provided by hEDGEpoint through this Website, as described in the respective section of the Website.
5.2. hEDGEpoint reserves the right, at its sole discretion, to edit, correct, modify or delete any Content relating to the Services.
5.3. Any User may use the free Services, that might eventually be available on our Website, by creating an Account, accepting these T&C and our Privacy Notice. hEDGEpoint reserves the right to choose whether any Service will be made available free of charge, as well as the respective Service and period.
5.4. hEDGEpoint may, in its sole discretion, terminate any Educational Services available on the Website. If you purchased Educational Services and then they were terminated, your access will be granted under the terms set forth in your Educational Services purchase.
5.4.1. Only if hEDGEpoint prematurely terminates a Subscription Service that was part of the contracted plan and does not replace it with an equivalent Service within 30 business days, you may request a refund proportional to the remaining time of the subscription of this specific Subscription Service.
5.5. After making a Request for one or more Services, within three (3) business days (unless there is an exceptional circumstance, duly communicated on the Website), We will send you a confirmation that the Request has been accepted and that the Services can be started. This confirmation will cover the following information:
a) User and Account credentials for accessing the Services;
b) Confirmation of the requested Services including the main characteristics of these Services;
c) Detailed price for the Services requested;
d) Chosen method of payment;
e) Period in which the Services will be made available;
f) Means of contacting hEDGEpoint
5.5.1. If there are exceptional circumstances where We are unable to fulfill your Request within a reasonable period, we will inform you at the time you make the Request by means of a notice on the Website or by contacting you directly after making the Request. Time is not of the essence in these T&C, which means that we will endeavor to fulfill your Request within the agreed timeframes and will not be liable to you if we fail to do so, except as provided in Clause 13 .
5.6. If a Service is provided and it differs from the one described by us in the confirmation of your Request, you must contact us immediately through the following e-mails: [email protected] (primary channel) and/or [email protected] (secondary channel) to inform us of the error. We will do our best to make the necessary corrections as soon as possible.
5.7. If, for whatever reason, We do not accept your Request, no payment will be made. In any event, any sums paid by you in connection with the unconfirmed Request will be refunded as described in Clause 7.
5.8. By accepting our T&C, you acknowledge and agree that there may be partially similar Content between our courses and short courses. This is because some fundamental concepts are relevant to more than one area of study, so there may be similarities and/or overlaps in certain topics.

6. Technical Requirements for Access

6.1. To access the Services, the User must have internet access via computer or cell phone.

7. Prices, Payment Methods and Reimbursement

7.1. You must consider all pricing information available on the Website to be valid and correct. We reserve the right to change prices and change or remove any special offers from time to time and as necessary.
7.2. On the payment page, the User must choose to pay by credit card, debit card, or bank slip. Payment can be made in monthly installments as specified on the payment page.
7.2.1. You are responsible for providing valid payment data as requested on the payment page. hEDGEpoint will not be responsible for any errors and omissions in the Payment Information, and the Services will only be made available after confirmation of payment by hEDGEpoint or Third Parties contracted by us.
7.3. You agree to make your Payment Information available for Third Parties contracted by hEDGEpoint to process the payment. Please note that we won’t have access to your Payment Information registered on the Website.
7.4. We hope you enjoy the Services we offer, but if you wish, you can exercise your right of cancellation as described in Clause 13.
7.4.1. If you made the payment through pay slip, you agree to provide us with your bank data for the sole purpose of reimbursement, which will occur within 03 (three) business days from the confirmation of your request, always on Tuesdays and Thursdays.
7.5. SEVEN DAYS AFTER THE SUBSCRIPTION SERVICES ARE CONTRACTED BY THE CUSTOMER, AMOUNTS PAID IN ADVANCE WILL NOT BE REFUNDABLE IN CASE OF TERMINATION WITHOUT REASON. THE TERM DESCRIBED ON THE REQUEST FORM AND/OR ON THE WEBSITE FOR THE SUBSCRIPTION SERVICES IS A CONTINUOUS AND INDIVISIBLE COMMITMENT FOR ITS ENTIRE LENGTH AND REPRESENTS THE WILL OF THE PARTIES, REGARDLESS OF ANY BILLING SCHEDULE.

8. User Obligations and Responsibilities

8.1. When using the Services on our Website, you must not:
a) Practice any illicit act, violate the rights of the hEDGEpoint Group, other Users or Third Parties or violate any applicable law;
b) Impersonate other people, especially employees and representatives of the hEDGEpoint Group. You must always provide true information about your identity;
c) Upload, send or transmit any erotic, pornographic, obscene, libelous, defamatory, physical or moral violence content, content promoting or encouraging crime, drug use, consumption of alcoholic beverages or tobacco products, as well as content promoting or inciting hatred, illegal activities, prejudice or any other form of discrimination for any reason, in addition to content not authorized by the respective authors;
d) Use any System or automated application to carry out consultations, accesses or any other mass operation, for any purpose, without authorization from hEDGEpoint;
e) Copy, modify, record, reproduce, share in an unauthorized manner, erase, distribute, transmit, sell, resell or otherwise make available any Content relating to the Services, except with prior and express authorization from hEDGEpoint;
f) Practice acts that harm other Users, this Website or Third Parties, including but not limited to sending viruses, spam, junk mail, trojans, malware, worm, bot, backdoor, spyware, rootkit, or any other means for this purpose.
8.2. Among other responsibilities described in these T&C, you as a User is responsible for:
a) All of your actions or omissions carried out on our Website;
b) The information and contents that you sent and/or transmitted on our Website;
c) All risks related to the use, viewing and access to our Website;
d) The repair of damage caused to hEDGEpoint, other Users or Third Parties, arising from your wrongful access and/or use of our Website.
8.3. Failure to comply with this clause may result in a warning, suspension or cancellation of the Services and the User’s Account, being temporary or definitive, and enforced by hEDGEpoint, without the possibility of reimbursement of any amounts paid and without prejudice to the applicable legal actions, available to the hEDGEpoint Group, other Users or Third Parties, for the damage suffered.

9. Communication Tool

9.1. Ao utilizar os Sistemas e quaisquer outras ferramentas de comunicação disponíveis no Site, você reconhece que:

a) a hEDGEpoint se reserva o direito de monitorar toda e qualquer comunicação feita a Nós ou usando nosso Sistema;

9 .1. By using the Systems and any other communication tools available on the Website, you acknowledge that:

a) hEDGEpoint reserves the right to monitor any and all communications made to us or using our System;

b) hEDGEpoint may retain copies of any and all communications made to us or using our System.


10. Intellectual property

10.1 All Content included on the Website, unless uploaded by Users, including but not limited to text, graphics, business name, logos, brands, icons, images, sound clips, video clips, data compilations, page layout, visual identity, underlying code, and software are property of the hEDGEpoint Group or Third Parties that have assigned their right of use. By continuing to use the Website, you acknowledge that such material is protected by the applicable national and international copyright and intellectual property laws.

10.2 Pursuant to item “e” of Clause 8 , you may not reproduce, copy, modify, distribute, or in any other way reuse the items mentioned above unless you have our prior written permission to do so.

10.3. If hEDGEpoint suspects that any illegal activity has been committed or that the rights mentioned above have been infringed, the data of the infringing Users may be forwarded to the responsible bodies, which may result in civil, administrative and/or criminal sanctions.

10.4. The User irrevocably authorizes hEDGEpoint to use, free of charge and for any purpose, any and all content sent and/or transmitted through the System or Website, without any restriction or limitation of any kind, subject to the provisions of the Privacy Notice.


11. Links to Third Party Websites

11.1. This Website may contain links to Third Party Websites. Unless expressly stated, these websites are not under the control of the hEDGEpoint Group. We assume no responsibility for the content of such Websites and won’t be liable for any form of loss or damage arising from your use of them. The inclusion of a Third-Party Link on this Website must not be interpreted as our approval of such Website or those who control them.

1. Account Closing

12.1. At any time hEDGEpoint or you may terminate your Account. If we close your Account, you will be notified by email and an explanation for the closure will be provided.

12.2. Upon termination of your Account, any pending Requests will be cancelled.


13. Possibility of Regret and Cancellation of Services

13.1. We hope you enjoy the Services we offer, but if you wish, you can exercise your right of cancellation within 7 (seven) days counted from the contracting date of the respective Service. In this case, we ask that you contact [email protected] . We reiterate that, after the period of 7 (seven) days, there will be no refunds for the canceled Request.

14. Personal Data and Privacy

14.1. The use of the Website is also governed by our Privacy Notice which is incorporated into these T&C and available in our Website.

15. Disclaimer

15.1 We do not warrant that the Website will meet your requirements, that it will be of satisfactory quality, that it will be compatible with all softwares, that it will be secure or that any information provided will be accurate. We do not guarantee any specific results from using our Services.

15.2 This Website is not intended to constitute a recommendation of any kind, including, but not limited to, investment, tax, legal or accounting advice, security analysis, solicitation to buy or sell any financial asset or investment or suggestion of allocation or adoption of investment strategies. The Content of this Website should not be considered when making any decision or taking any action of any kind. hEDGEpoint won’t be liable in this regard and arising from the use of the Content of this Website.

15.3 Although we make reasonable efforts to ensure that the Website is secure and free of bugs, viruses and other malware, you undertake sole responsibility for your own security on the Internet, your personal data and your computers.


16. Website Availability

16.1 The Website is provided on an “as is” and “as available” basis. hEDGEpoint uses industry’s best practices to provide long-term availability, including a fault tolerant model hosted on cloud servers. We do not guarantee that the Website will be free of defects and/or failures at any time.

16.2 hEDGEpoint and the Third Parties reserve the right to improve the functionality of this Website. However, we accept no responsibility for any interruption or unavailability of the Website resulting from external causes, including, but not limited to, Internet Service Provider failure, host equipment failure, communications network failure, power failure or for any other act of God or force majeure beyond our control.


17. Limitation of Liability

17.1. In no event shall the hEDGEpoint Group, its directors and/or employees be liable for direct or indirect, incidental or consequential damages, costs or expenses, lost profits, delays, inaccuracies, errors, omissions, interruptions or damage resulting from the use or in connection with this Website and its content, or from the use by you or inability of use by any party, or in connection with any failure of performance, error, omission, interruption, defect or delay in operation or transmission, computer viruses and the line or System failure, even if hEDGEpoint or its representatives are advised of the possibility of such damages, losses or expenses. You should be aware that you use the Website and its content at your own risk.

18. General Provisions

18.1. Nothing in these T&C confers any rights to Third Parties. The agreement created by these T&C is between you and hEDGEpoint.

18.2. If any provision of these T&C is determined to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect.

18.3. In the event that any party to these T&C fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of such right or remedy.

18.4. In case of any conflict between these T&C and any previous versions thereof, the provisions of these T&C will prevail, unless expressly stated otherwise.


19. Communications

19.1 All notices and communications must be sent to us by email to [email protected] . Such notices will be deemed received on the business day following dispatch.
19.2. Notices and communications sent to the e-mail address registered by the User in his Account will be considered delivered.

20. Forum

20.1. These T&C will be governed and interpreted in accordance with the Law of the Federative Republic of Brazil.

20.2. The jurisdiction of the district of the capital of São Paulo is elected as the sole competent court to resolve any doubts and controversies regarding the interpretation and compliance with these T&C, regardless of any other.