What are the different legal terms?
This article forms part of Werkey's Policies and Terms. For more details on these policies, click here.
These Terms have the same effect as any other contract and contain important legal terms that protect us from various situations that may occur and clarify the legal relationship between Werkey and the user.
1. Contractual obligation
You agree that by registering, accessing or using our Services, you agree to enter into and be bound by a legal agreement with Werkey. If you do not agree to these Terms, you should not register, access or use any of our Services.
In the case of trainers who accept these Terms and use our Services on behalf of a company, organization, government or other legal entity, the user declares and warrants to be authorized to do so.
Any version of these Terms in a language other than English is provided for convenience, and you understand and agree that the Portuguese language will take precedence in the event of any conflict.
These Terms (including any agreements and policies linked to them) constitute the entire agreement between you and Werkey (which includes, in the case of content providers, the Content Provider Terms and Promotions Policy).
If any part of these Terms is found to be invalid or unenforceable by applicable law, this provision shall be deemed superseded by a valid and enforceable provision that best matches the intent of the original provision. The remainder of these Terms will remain in effect.
Even if we do not exercise our rights immediately or fail to exercise any right in a particular case, this does not mean that we waive our rights under these Terms, and Werkey may choose to enforce them in the future. If we choose to waive any of our rights in specific cases, this does not mean that we waive our rights as a whole or in the future.
The following sections shall survive the expiration or termination of these Terms: (Course registration and access validity), (Werkey's rights over the content published by the user), (Use of Werkey at the user's own risk), (Werkey's rights), (Legal terms - Miscellaneous) e (Dispute resolution).
2. Exemption from liability
There may be cases where our platform stops working, either for planned maintenance purposes or due to an error in the site. There may be cases where one of our content providers makes misleading statements in the courses they teach. There may also be cases related to security issues. These are just examples. You agree that you have no right of recourse against Werkey in any of these cases involving malfunctions. In legal language and more complete, the Services and their content are provided "as is" and "as available". Werkey (and its affiliates, suppliers, partners and representatives) makes no representations or warranties as to the suitability, reliability, availability, timeliness, security, lack of error or accuracy of the Services or their content, and expressly disclaims any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Werkey (and its affiliates, suppliers, partners and representatives) makes no warranty that you will achieve specific results when using the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions do not allow the exclusion of implied warranties. Therefore, some of the above exclusions may not apply to you.
We may choose to cease to provide certain features of the Services at any time and for any reason. Under no circumstances will Werkey or its affiliates, suppliers, partners or representatives be liable for any damages due to such interruptions or unavailability of such features.
We are not responsible for delays or failures in the performance of any of the Services caused by events beyond our control, such as acts of war, hostility or sabotage; natural disasters; power, internet or telecommunications failures; or government restrictions.
3. Limitation of liability
There are inherent risks in using our Services: for example, if you sign up to a course on the operation or use of machinery, equipment or pesticides, and you suffer an injury or poisoning. You fully accept these risks and agree that you have no right to claim damages, even if you suffer loss or damage from using our platform and Services. In legal and more complete language, to the fullest extent permitted by law, Werkey (and suppliers, partners and representatives) will not be liable for any indirect, incidental, punitive or consequential damages (including loss of data, revenue, profit or business opportunities, or physical harm or death), whether arising in contract, warranty, tort, product liability, or otherwise, even if we have been advised in advance of the possibility of damages. Our liability (and the liability of each of our suppliers, partners and representative) to you or any third party under any circumstance is limited to the greater of $100.00 (one hundred reais), $20.00 (twenty American dollars), or the amount you have paid us in the twelve (12) months prior to the event giving rise to the claims. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, some of the above may not apply to you.
If the user's behavior entails legal problems, Werkey can legally appeal against the user. You agree to indemnify, defend (if so requested), and hold Werkey and its officers, directors, suppliers, partners, and representatives harmless from any third-party claim, demand, loss, damage, or expense (including reasonable attorneys' fees) arising out of (a) the content you post or submit, (b) your use of the Services, (c) your violation of these Terms, or (d) your violation of any third party rights. Your indemnification obligation shall survive the expiration of these Terms and your use of the Services.
5. Applicable law and jurisdiction
These Terms are governed by Brazilian law, without reference to choice of law or conflict of law principles. Where the "Resolution of Disputes" section below does not apply, Werkey and you agree to the exclusive jurisdiction and venue of the Federal and State Courts located in Piracicaba, State of São Paulo, Brazil.
6. Legal actions and notices
No action, in whatever form, arising out of this Agreement may be brought by either party more than one (1) year after the cause of action.
Any notice or other communication to be provided hereunder shall be in writing and delivered by registered or certified mail receipt or by email (by Werkey, to the email address associated with the user's account, or by the user, to firstname.lastname@example.org).
7. Relationship between Werkey and the user
Werkey and you agree that there is no joint venture, partnership, employment, service or representation relationship between you and Werkey.
8. Prohibition of assignment
You are prohibited from assigning or transferring these Terms (or the rights and licenses granted by them). For example, when registering an account as an employee of a company, you will not be able to transfer the account to another employee. Werkey is permitted to assign these Terms (or the rights and licenses granted by them) to another company or person without restriction. Nothing contained in these Terms confers any right, benefit or remedy to any other person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.