TERMS AND CONDITIONS OF USE

Before using the services offered herein, the USER agrees to read these TERMS and the PRIVACY POLICY carefully, ensuring their perfect understanding.

 

By indicating the option “I ACCEPT” at the end, the USER agrees with the provisions of these TERMS and the PRIVACY POLICY, accepting and binding to them.

 

TSEP a company with corporate name MOMENTUM SPORTS EIRELI, a company organized and existing under the laws of the Federative Republic of Brazil, with its head office at Avenida Ataulfo de Paiva,900, apt 506, Leblon, Rio de Janeiro/RJ, 22440-035, enrolled before the Brazilian Federal authorities (CNPJ) under nº 22.931.694/0001-13, is the owner of all rights and responsible for the online Platform that offers online courses, individual course workbooks, certificates of conclusion for each course, downloadable transcripts of courses in e-book format, a monthly newsletter and other services related to sports, sports business management and sports business development, which will be referred as the “PLATFORM”.

 

  1. Accept

 

  • BY CLICKING ON “ACCEPT”, THE USER, AS SPECIFIED BELOW, AGREES WITH THE PRESENT TERMS OF USE AND PRIVACY POLICY. THE PROVISIONS HEREIN WILL REGULATE THE USE OF THE SERVICES AVAILABLE ON THE PLATFORM AND THE RELATIONSHIP BETWEEN TSEP AND THE USER, THEREFORE, PLEASE READ THEM CAREFULLY.

 

  • By accepting the present TERMS OF USE, you, the USER, also agree that it may change over time. TSEP will inform the USER of significant changes made to these TERMS OF USE and/or PRIVACY POLICY, which, under no circumstances, constitutes an obligation for TSEP.

 

  • If you have any objection, even after your consent, to any provisions of these TERMS OF USE and/or the PRIVACY POLICY, including after your acceptance, you must immediately stop using the PLATFORM, subject to the provisions of these TERMS OF USE.

 

  1. The Platform

 

  • The PLATFORM maintained by TSEP allows the USER to subscribe to plans that ensure access to TSEP products and services.

 

  • TSEP offers online courses focused on topics related to sports, sports business management and sports business development.

 

  • By becoming a member, the USER will be able to access all the classes and services available on the PLATFORM, declaring, therefore, that the USER has read, understood and accepted the Terms

 

 

 

  1. Course registration and access

 

3.1     When enrolling with the PLATAFORM the USER will become a Member, being granted to the USER a license strictly to attend PLATFORM’s classes, but not for other purposes. Transferring, reselling or in any way reproducing the PLATFORM’s content to any economic or financial purposes or to any third party is strictly prohibited.

 

  • The service license granted by TSEP is temporary, non-exclusive and non-transferable. The USER will have access to the services for as long as he remains a Member of the PLATFORM.

 

  • The services are licensed, not sold to the USER, therefore, the USER has only the rights set out in these Terms of Use.

 

  • The license does not allow the USER to resell the course and other TSEP contents by any means (including by sharing account information with a buyer or by illegal downloading of the course and sharing the course on torrent sites).

 

  • It is forbidden to reproduce, redistribute, transmit, assign, sell, transmit by web, radio or television, rent, share, loan, modify, adapt, edit, create derivative works, sublicense or otherwise transfer or use any course, except with explicit permission, in written agreement, signed by an authorized TSEP representative.

 

  • Public and unauthorized sharing by any means, including the internet, social media, cell phones and social applications, of content extracted from the PLATFORM, will be considered a breach of the USER’s obligations and the USER will be subject to legal penalties and liability for losses and damages experienced by TSEP resulting from this action.

 

  • If the USER ceases to be a Member of the PLATFORM, the USER will lose access to all courses, regardless of whether they are attending or not.

 

  1. Payments

 

4.1     The USER will be able to choose between two (02) different plans to subscribe to the PLATFORM and become a Member:

 

  1. Monthly Plan – monthly payment for access to the PLATFORM; or

 

  1. Annual Plan – single annual payment for 12 months of access to the PLATFORM.

 

  • After registering on the PLATFORM and the confirmation of the respective payment, the USER will have access to the PLATFORM and all its contents for the contracted period (monthly or annual).

 

  • Payments for contracting the PLATFORM will be made solely and exclusively through the PayPal platform, through the link made available during the subscription to the PLATFORM. TSEP authorizes the USER to make payments using any methods available through the PayPal platform.

 

  • The access to the PLATFORM will be granted to the USER after payment confirmation by PayPal.

 

  • Paypal is an independent entity entitled with the sole and exclusive function of facilitating the referred payments. TSEP have no interference with the methods and services provided by Paypal and, therefore, TSEP strongly recommends that the USER carefully read Paypal’s specific Terms of Use, Privacy Policy and all its other policies before providing any information or even registering on the PLATFORM

 

  • If the USER fails to comply with the chosen Membership plan (Annual or Monthly), USER’s access to the PLATFORM will be automatically suspended.

 

  1. Rules on content and behavior

 

5.1     Accessing or using the PLATFORM for illegal purposes is prohibited.

 

  • USERS may comment and request instructors for the classes and the courses and publish evaluations. Such questions and comments may be made public by TSEP, with which the USER expressly agrees.

 

  • USERS are prohibited from publishing content that is offensive, discriminatory or contrary to good customs and urbanity or that violates local or national laws or regulations of the country in which they reside.

 

  • In case USER’s content or behavior is unlawful, inappropriate or objectionable (for example, if the USER impersonates another person), we may remove the USER's content from the PLATFORM.

 

  • If the USER violates any of the rules of these TERMS OF USE, TSEP may terminate or suspend the USER's permission to access/use the PLATFORM or terminate the USER's account, with or without previous notice.

 

  • Upon termination, TSEP may delete the USER's account and content, as well as prevent the USER from accessing and using the PLATFORM again.

 

  • The USER is solely and exclusively responsible for the comments and content published by him on the PLATFORM, exempting the PLATFORM and TSEP from any and all responsibility, so that the content published by him does not represent the opinion and/or agreement of TSEP. Therefore, the USER will be solely responsible for any questions and indemnifications arising from posts made by the USER on the PLATFORM.

 

  • When sending or publishing content on or through the PLATFORM, the USER grants to TSEP a worldwide, non-exclusive and royalty-free license (with the right to sublicense), to use, copy, reproduce, process, adapt, modify, publish, transmit , display and distribute the content on any media or distribution method (now existing or further developed).

 

  1. TSEP Rights and Obligations

 

  • TSEP complies with all laws and regulations applicable to its activities and expects all USERS to do the same.

 

6.1.1       All information provided by TSEP and/or the USERS on the PLATFORM is supplied in good faith and as far as is known is accurate and up-to-date. Thus, TSEP welcomes receiving comments, suggestions and corrections to the information supplied.

 

  • The USER is aware that TSEP may hire third parties to formulate its content and, therefore, is not responsible for this content, much less for the effectiveness of the classes and courses. The USER must be aware that his participation in the classes or courses, does not guarantee any concrete result in relation to the USER’s effective learning of the content.

 

  • TSEP is not responsible for any USER’s action or omission arising from any information or content made available on the PLATFORM.

 

  • TSEP is not responsible for technical and / or operational problems resulting from the USER's system or from third parties.

 

  • TSEP will not be responsible for reimbursing its USERS for any expenses with phone calls, data packages, SMS, messages, e-mails, correspondence or any other amount spent by the USER due to contact with TSEP or access to the PLATFORM.

 

  • TSEP is not responsible for the compatibility between its PLATFORM and hardware owned by the USER. The USER must keep their equipment updated and shall not hold TSEP liable if the PLATFORM is not accessible on outdated equipment.

 

  • TSEP will also not be responsible for any virus, trojan, malware, spyware or any software that may damage, alter the settings or infiltrate the USER's equipment as a result of accessing, using or browsing the Internet, or as a result of the transfer of data, information, files, images, text or audio.

 

  • The USER is aware and agrees with the fact that the PLATAFORM may go offline either for the purpose of planned maintenance or due to an error on the website, situations in which the PLATAFORM will remain inaccessible. These periods of inaccessibility will not serve as basis for any reduction in the value of the chosen Membership plan, nor will they be opposed to TSEP as a failure to provide services for any purposes.

 

  • TSEP may decide to stop making certain features of the Services available at any time and for any reason. Under no circumstances shall TSEP or its suppliers, partners and representatives be liable for any damages due to such interruptions or unavailability of such resources.

 

  • TSEP is not responsible for delays or failures in the performance of any of the services of the PLATAFORM caused by events beyond TSEP’s control, such as acts of war, hostility or sabotage; natural disasters; electricity, internet or telecommunication failures; pandemic diseases; or government restrictions.

 

  1. USER Rights & Obligations

 

  • Without undermining other obligations assumed in the present Terms, when accessing or using the PLATFORM, the USER it is prohibited to:

 

  1. access, tamper with or use non-public areas of the PLATFORM (including content storage), TSEP computer systems or technical delivery systems from TSEP service providers;

 

  1. disable, interfere with or attempt to circumvent any security feature of the PLATFORM or investigate, verify or test the vulnerability of any of our systems;

 

  • copy, modify, create derivative works, practice reverse engineering, practice reverse assembly, or otherwise attempt to decipher any source code or content from the PLATFORM;

 

  1. access, search or attempt to access or search our PLATFORM by any means (automated or not) other than through our currently available search functionality, provided through our website, mobile applications or API (and only in accordance with API terms and conditions). It is prohibited to use scrape, spider, robot or other automated means of any kind to access the PLATFORM; and

 

  1. in any way, use the PLATFORM to send altered, misleading or false originating identification information (such as sending e-mail communications that falsely appear to be from TSEP); or interfere with the access, or interrupt (or attempt to do so) of any user, host or network, including, but not limited to, the sending of viruses, overload, flooding, spam or e-mail bombing on platforms or services, or in any way interfere with or create an undue burden on the PLATFORM.

 

  1. Privacy Policy

 

 

  • The use of devices, software or other resources that may interfere with PLATFORM activities and operations, as well as in advertisements, descriptions, accounts, or their databases, is prohibited. Any interference, attempt, or activity that violates or contravenes the intellectual property laws and the prohibitions stipulated in these Terms will subject the USER to legal actions, as well as the sanctions provided for herein, and is also responsible for indemnifying TSEP for any damage caused.

 

  1. Penalties

 

  • Without undermining other measures, TSEP, at its sole discretion and without the need for prior consent or communication to the USER, may warn, suspend or cancel, temporarily or permanently, the USER's registration, initiating the appropriate legal actions and suspending the provision of the PLATFORM to the USER if: (i) the USER does not comply with any provision of these Terms and other TSEP policies; (ii) the USER fails to fulfill payment duties; (iii) any information provided by the USER is incorrect or if the information provided leads to the belief that the registration is false or from a different person.

 

  • TSEP reserves the right, at any time and in its sole discretion, to request the sending of personal documentation or any document that proves the veracity of the registration information.

 

  • Without undermining other legal measures, TSEP, at its sole discretion and without the need for prior consent or communication to the USER, may warn, suspend or cancel, temporarily or permanently, the USER's registration, initiating the appropriate legal actions and suspending the provision.

 

  1. Limitation of Liability and Indemnity

 

  • No liability for Course outcomes: TSEP will not, under any circumstances, be liable for any costs, claims or damages that you may sustain or suffer as a result of registering for and/or participating in any Course or other service offered by us which is not relevant, suitable or does not meet yours and/or any relevant industry or commercial body's requirements. Under no circumstances do we guarantee your suitability for a particular Course based on the levels of difficulty. We cannot, under any circumstances, be held liable to you for any costs, claims or damages, if after the completion of a course you are not able to obtain employment or a promotion within your chosen field of study, or any other outcome you may believe completing a Course will assist you to attain

 

  • Limitation of liability: To the maximum extent permitted by law, you agree that TSEP will not be liable for any cost, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relates to or arises from these Terms, your participation in a Course, or termination of a Course for any reason, whether or not anyone anticipated or should have anticipated that damages would occur. In no event shall TSEP aggregate liability to you for any and all claims exceed the total amount of fees received from you in the six months preceding any cause of action.

 

  • Acknowledgment: You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and TSEP, and that these limitations are an essential basis to our ability to make services available to you on an economically feasible basis

 

  • Indemnity: Subject to any applicable laws, you agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from these Terms arising from your registration to the PLATFORM. This indemnity includes claims arising from your use of the PLATFORM in a way that does not comply with these Terms, or if we transfer your profile to another person, or if another person accesses your profile without your consent. This indemnity also includes all liability or loss that we might suffer as a result of a claim, including legal costs on the highest permissible scale and any additional legal and collection costs

 

  • Intellectual Property

 

  • The commercial use of the expression “The Sports Executive Path” as a brand, business name or domain name, as well as logos, brands, insignias, content of the screens related to the PLATFORM and the set of programs, databases, networks and files that allow that the access of USER’s account, are the property of TSEP and are protected by international laws and treaties on copyright, trademarks, patents, models and industrial designs. Therefore, it is prohibited to misuse and / or reproduce, totally or partially, any of these contents, except with the express authorization of TSEP.

 

  • Miscellaneous

 

  • The contracting entity and the governing law are determined according to the laws of the Federative Republic of Brazil.

 

  • Any notice or other communication to be provided under this instrument will be made in writing and delivered by registered or certified mail receipt or by email:

 

  1. by TSEP, all email notices shall be sent to the email associated with the USER's account; and  
  2. by the USER, all email notices shall be sent to [email protected].

 

  • TSEP and the USER agree that there is no relationship between them such as joint venture, partnership, employment, or representation.

 

  • The USER is prohibited from assigning or transferring these Terms (or the rights and licenses granted by them) and agrees that USER’s membership account is non-transferable as well as all rights in regarding it without prior agreement of TSEP. TSEP, on the other hand, is permitted to assign these Terms (or the rights and licenses granted by them) to another company or person, without any restrictions.

 

  • If a mutually-satisfactory outcome, course of action, or conclusion cannot be reached following from the complaints procedure, or any other kind of dispute arises between TSEP and you, then you agree that it will be resolved individually, without resort to any form of class action, and, to the extent compliant with applicable law, exclusively by a court of competent jurisdiction located in the Federative Republic of Brazil. As a consumer you may benefit from the right to bring an action in the courts of the country in which you are resident. Nothing in these terms and conditions affects your rights to bring a claim in the courts of the country in which you are resident. To the extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or the rights and obligations of TSEP, shall be governed by, and construed in accordance with, the laws of Federative Republic of Brazil. As a consumer, you may benefit from certain mandatory provisions of the law of the country in which you are resident.

 

  • Contact Us

 

 

Date of Last Amendment: November, 24th, 2020.

 

Thank you for reading our Terms. We hope you enjoy The Sports Executive Path.

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