TERMS AND CONDITIONS OF USE OF THE DELIREC APPLICATION
1) INTRODUCTION AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
By registering on the DeliRec Application (“Application”) or using any of its features or functionalities you are entering into a contract with the DeliRec legal entity indicated in item 2 of this document. You must be of legal age to be able to sign this contract with DeliRec or have a guardian’s authorization to do so.
Future changes, including changes to terms and agreements, privacy, automatic renewals, offers, gratuities or charges for the use of Services as well as new features, Services or technological innovations shall be automatically renewed and retroactively included by this acceptance.
However, all updates to the terms shall be communicated to users by means of the website or by e-mail for consultation. The changes shall not make the continued use of the Service unfeasible and the continued use of the Service shall constitute a renewal of the acceptance. If you do not agree with the new items or changes implemented you may at any time close your DeliRec account directly by means of the Application or by contacting us.
2) THE COMPANY
The DeliRec Application, as well as the website www.delirec.com, are owned and have their rights held by DELIREC DESENVOLVIMENTO E LICENCIAMENTO S.A. (“Company”), a limited liability company headquartered at Rua Timóteo da Costa, 1003/902 bloco 03 - Leblon - City and State of Rio de Janeiro, CEP 22450-130, registered at CNPJ/MF (Brazilian Treasury Department National Register of Legal Entities) under no. 41.148.052/0001-97.
DeliRec is a social platform for publishing, editing, searching, viewing and sharing recipes created and made available by users and to be viewed throughout the network by users registered in the DeliRec Application within the Company’s digital properties, including its social networks. By means of the Application it is possible to enter details of the recipe created by the user as well as photos and videos in accordance with the specifications as well as the formats and file sizes defined by the Company.
The use of the Services that enable the product proposal described above is free of charge and the Company may provide, at any time, additional features and Services upon payment of a Service fee. Any Service increments, free of charge or for a fee, shall be detailed and informed by means of an updated publication of the Application’s Terms and Conditions of Use.
4) USER GENERATED CONTENT
By publishing Content on the Application, whether in text, image or video format, the user assigns the rights to use this Content in its entirety to DeliRec for an indefinite period, on all Company properties, also including promotional actions, campaigns in online and offline media as well as their sharing by other users. The Company, therefore, is exempt from the need for prior authorization by the user.
For the delivery of the product proposal mentioned in item 3 DeliRec shall display the Contents in the respective windows and search results pages in the Application. DeliRec reserves the right to remove, alter or modify these showcases and Content repositories without any prior notice and without incurring any liability to the user or third parties.
By publishing Content on the DeliRec Application you agree to be a Content generator for the website. It shall be possible to monitor the balance regarding the monetization of user engagement and interaction in their publications in the DeliRec Application.
All Content added, created, uploaded, sent, distributed or posted on the Application by users (collectively “User Content”) publicly available or privately transmitted is the sole responsibility of the person who has originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations. You acknowledge that all User Content provided by you may be audited by a third party designated by DeliRec and that if you violate any of these Terms of Service, including due to fraud, you may be removed from the DeliRec digital properties without any prior notice from the Company. You acknowledge that all Content accessed by you, including User Content, using the Services is at your own risk and you shall be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on our website or Application or by means of the Services is or shall continue to be accurate.
As a condition of use you agree not to use the Services for any purpose prohibited by these Terms of Service. You are responsible for all your activities related to the Services.
You must not (and must not allow third parties to): (a) take any action or (b) upload, download, publish, submit or distribute or facilitate the distribution of any Content on or by means of the Service including, without limitation, any User Content which:
Violates any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
You know is false, misleading or inaccurate;
Advocates or encourages the practices of bulimia and/or anorexia;
Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another person’s privacy, devious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, contains illegal activities including minors under the age of 18 (according to article 241 of the Brazilian Child and Adolescent Statute) or is inappropriate as determined by us at our sole discretion;
Displays practice, induction or incitement of prejudice as to origin, race, ethnicity, sex, sexual orientation, skin color, age, religious belief or any other form of discrimination;
Constitutes unauthorized or unsolicited advertising, electronic or bulk posting (“spam”);
Contains political propaganda;
Contains advertising banners;
Promotes online sales or the means to do so;
Contains software viruses or any other computer code, files or programs designed or intended to interrupt, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment or to damage or gain unauthorized access to any system, data, password or other information from us or third parties;
Impersonates any person or entity, including any of our employees or representatives;
Includes any person’s identification documents or confidential financial information.
You are responsible for all Content that you post on the Application. Therefore, any legal action brought against DeliRec or its partners due to Content under your responsibility shall be redirected to you and the Company shall also be compensated for any damage, losses and expenses of any kind arising from this action, including costs and attorneys’ fees.
5) ACCESS AND USE OF THE WEBSITE AND THE APPLICATION
The Application may be downloaded and accessed by means of any device that has access to the internet and has an operating system and browsers compatible with the Application. Obtaining, contracting and paying for the products and Services necessary for downloading, accessing and using the Application are the user’s sole responsibility.
You must carry out, for the proper functioning of the Service, all required updates and maintenance requests, whether of the software or hardware compatible with it. You are aware that failure to comply with this recommendation may cause the Application to malfunction. Such maintenance is the user’s sole responsibility.
No warranty is given as to DeliRec quality, accuracy, functionality, availability or performance. The Company reserves the right to suspend, withdraw, alter, modify or change the Service provided without any prior notice and without incurring any liability to the user or third parties.
Downloading the DeliRec Application, as well as registering and searching for users, is free and can be done by means of the Apple Store or Google Play.
You agree and acknowledge that you shall be responsible for maintaining the confidentiality of your user data and password created upon registration. The user is solely and exclusively responsible for all activities that occur under any account created for their use of the Application, even if such activities are not carried out by the user and the user undertakes to notify DeliRec immediately of any unauthorized uses of their account or any other security breaches. DeliRec shall not be liable for any loss or damage resulting from another person’s use of the user’s account or password, with or without the user’s knowledge.
DeliRec is not responsible for, and cannot control, the use by others of any information provided by the user. Therefore we recommend caution when selecting the personal data that the user provides to others by means of our Application.
6) USE OF INFORMATION
When creating an account at DeliRec the user undertakes to provide true, complete and up-to-date information about themselves. The registration data is the exclusive responsibility of the user. It is not up to DeliRec to verify this information, being the user’s sole responsibility to keep it updated, including the bank details for receiving the amount generated by the revenues.
If you are a minor, you need a guardian’s consent so that we can collect your data.
Any error, delay, loss or damage caused due to registration of incorrect, incomplete or outdated information is the user’s sole responsibility. DeliRec reserves the right to request or delete, at any time, information it deems necessary for the proper use of the Application.
7) ACCOUNT CANCELLATION
Without prejudice to other applicable legal measures, DeliRec may, at any time, warn, suspend or cancel the account of the user:
a) who fails to comply with any of the provisions contained in this instrument;
b) who fails to fulfill their user duties;
c) who performs fraudulent or intentional acts;
d) who provides any incorrect information;
e) whose behavior constitutes or may cause offense or damage to third parties or to the website itself.
f) who requests the closure of their account;
g) by canceling the Facebook or Google account;
Upon account termination, DeliRec has no obligation to store the users’ data or Content published or stored under their profile.
If the user has a Premium subscription it shall also be canceled by DeliRec without the right to a refund for the remaining period.
8) LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, NATIONAL OR FOREIGN LAWS, NEGLIGENCE OR ANY OTHER LEGAL THEORY RELATING TO THE SERVICES FOR DIRECT CONSEQUENTIAL DAMAGE, LOSS OF PROFITS, LOSS OF DATA OR BRAND EQUITY, COST OF PURCHASING SUBSTITUTE GOODS OR SERVICES OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGE OF ANY KIND, PAIN AND SUFFERING, INTERRUPTION OF SERVICES, DAMAGE TO COMPUTERS OR SYSTEM FAILURES, TROJAN HORSES OR THE LIKE (REGARDLESS OF SOURCE) OR THE INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY OF WHICH DELIREC HAS BEEN INFORMED OR NOT OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF AN IMPLEMENTED LIMITED REMEDY HAS FAILED IN ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL DELIREC’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT EXCEED THE AMOUNTS THE USER HAS PAID TO DELIREC FOR THE USE OF THE SERVICES OR THE CONTENT DURING THE PERIOD IMMEDIATELY PRIOR TO THREE (3) MONTHS.
9) THE VENUE
This Contract shall be governed by the laws in force in the Federative Republic of Brazil. The parties choose the venue of the Judicial District of the Capital of the Brazilian State of Rio de Janeiro to resolve any issues arising from the performance of this Contract, to the exclusion of any other, however privileged it may be.
10) PURCHASES AND PAYMENT
General information: DeliRec may offer Services for purchase (“In-App Purchases”) for which payment is made by means of the App Store or Google Play Store. To complete the purchase it shall be necessary to confirm the applicable payment provider and the charge shall also be made by the provider in question (App Store or Google Play Store).
Automatic Renewals: DeliRec may offer automatic renewing subscription services such as a monthly or annual subscription. If you purchase an automatic renewing subscription it shall be continually renewed at the end of that period and charged to your chosen payment method (via the Apple Store or Google Play Store) unless the subscription is canceled. Deleting your account from the App or removing the App from your smartphone does not constitute unsubscribing: you must unsubscribe as described below. The amount charged for renewals shall be the same as what you initially agreed to subscribe to. If there is an increase in the value of subscriptions to Premium Services you shall be notified in advance and given the chance to cancel the subscription. If you choose to continue subscribing you shall begin to be billed at the new effective amount.
Cancellation: Subscription cancellation must be made by means of the third-party platform by means of which the purchase was made (Apple Store or Google Play Store). It is necessary to access your account by means of the platform in question and follow the necessary instructions for the subscription to be effectively canceled. If you cancel your subscription in the middle of a billing period you shall continue to have access to the subscribed Content until the end of that period and you shall no longer be charged for recurrence unless you purchase the subscription again in the future. No pro-rata refund shall be offered for the remaining period in case of cancellation midway by means of the billing period, except in exceptional cases where the Help Center needs to be contacted to review the issue.
Free Trial Period: DeliRec may offer a free trial period on subscription services. If you cancel your subscription during the trial period you shall not be charged. If there is no cancellation your trial period shall be converted into a paid subscription with renewal at the end of each period and you shall be charged for it until the cancellation is made.
11) SUPER CHEFS
DeliRec’ relationship with the Super Chefs is strictly related to the posting of recipes on the platform and publications on social networks. DeliRec has no relationship with the individual restaurants or platforms of Super Chefs and is not responsible for issues related to Super Chefs that are outside the sphere of the DeliRec platform. DeliRec may, at any time and without prior notice, remove, replace or add Chefs from the “Super Chefs” product. The user subscribing to the Application shall not receive a refund of the amount paid if there is a change in the Chefs within the subscription period in question.
12) WITHDRAWAL OF PAYMENTS
This Cash Payment Withdrawal Term is promoted by DeliRec for a period determined by the latter and intended for users of the DeliRec Application over 18 (eighteen) years old (the “Program”), who hereby declare to have read, understood and accepted by signing it below. Payment is subject to compliance with the terms, duties and obligations set forth in the Application Rules, including with respect to amounts, indemnities and payment terms and any deductions to be made in due amounts under the Program Rules are hereby authorized. By participating in the Application you agree to be bound by all terms and conditions of these Withdrawal Terms.
We may periodically make changes to this Contract and any of the policies listed above. The revised version shall take effect at the time of its publication. By continuing to use our Services after any changes to the Policies you are agreeing to be bound by and comply with such changes.
You shall be able to receive payments, as soon as they are available, by going into “your wallet”. Payment shall be made directly to the account registered by you in the Application.
Withdrawal of Payment shall be subject to the following instructions:You shall need to have a (instant payment platform created and managed by the monetary authority of Brazil) PIX key in your possession. You must ensure that the information provided is accurate, complete and up-to-date. You shall be solely responsible for any consequences resulting from inaccurate or inappropriate provision of your account information.The amount shall be available in your wallet within 60 days.Only users who are older than 18 years of age can participate.The minimum withdrawal amount is BRL 10.00.It is possible to request only 1 withdrawal per day.Any balance must be redeemed within 2 years of receipt, after which the amount shall be reset to zero.After the withdrawal request the amount shall be credited within 15 working days.We shall not charge any fee for processing your withdrawal request.Payments are not transferable to other DeliRec users or accounts held by another account holder.
You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate the cash-out feature in DeliRec or any of its Services in whole or in part, at our interpretation and discretion, in any general or specific cases or due to problems related to third parties’ Services and DeliRec shall have no liability to you or any other person for the exercise of such rights. For example, payment arrangements may become unavailable, deleted from your account or otherwise forfeit if your account is terminated or closed for any reason or when DeliRec discontinues, modifies or updates an applicable aspect of the Program or the Services. In this case the respective payment, due under the terms of the Contract entered into between you and DeliRec, shall be made as indicated by DeliRec.
For security reasons each withdrawal request shall be reviewed and processed by us within 15 calendar days of receipt but each withdrawal request is not guaranteed to be approved within this period. We shall try to process withdrawal requests in a timely manner. However, we do not guarantee that payments shall be made within a specific period.
Applicable law and jurisdiction. These Terms, their purpose and formation are governed by Brazilian law. The courts of Brazil shall have exclusive jurisdiction to settle any disputes arising out of these Terms.
If you have any questions, please contact us by means of our call center.
Updated on August 05, 2022.