Terms of use of the platform

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INTRODUCTION

 

The terms of this agreement ("Terms of Use") govern the relationship between each individual or legal entity resident, domiciled or headquartered in Brazil, as applicable, ("User") and CESTAROLLI TRAVEL LTDA ("Cestarolli Câmbio") for use of the services, products and content offered ("Services") through the Cestarolli Câmbio platform, which includes the website and the mobile application ("Platform"). application ("Platform"). The Platform was developed and is made available as a Cestarolli Câmbio product under license from Duo Digital.

 

By using the Platform, the User declares to be aware of these Terms of Use that govern your relationship with Cestarolli Câmbio, which should be read in conjunction with the respective Privacy Policy. Use of the Platform, in whole or in part, implies immediate acceptance of its Terms of Use and Privacy Policy.

 

These Terms of Use integrate, as if they were transcribed therein, the legislation applicable to the matter, in particular the Circulars of the Central Bank of Brazil ("BACEN") No. 3,689/2013, No. 3,690/2013, No. 3,691/2013 and the Resolution of the National Monetary Council ("CMN") Resolution 3.954/2011.

 

1. DESCRIPTION AND PURPOSE OF THE PLATFORM

 

1.1 The purpose of the Platform is to offer the service of intermediation service between the User and a financial institution authorized to operate in exchange ("Exchange Agent"), with the aim of speeding up and procedures for sending and receiving money internationally. of values. Cestarolli Câmbio is based in Brazil and is operated by DUO Digital, a limited liability company, registered with the National Register of Legal Entities ("CNPJ") under No. 14.011.350/0001-68, which acts as a correspondent in exchange operations for Foreign Exchange Agents as recognized by BACEN.

 

1.2 The Services offered by the Platform facilitate the intermediation between the User and Exchange Agents, making it possible to carry out and carry out conversion of national currency into foreign currency or vice versa through the Platform and through the Platform and the sending and receiving of amounts between bank accounts the world ("Transactions"). Cestarolli Câmbio does not carry out the activities of collecting funds from Users, entering into exchange exchange transactions and remittance of amounts to or from abroad, which are carried out by the Foreign Exchange Agents in accordance with the applicable legislation, in particular BACEN BACEN Circulars No. 3,689/2013, No. 3,690/2013, No. 3,691/2013 and CMN Resolution nº 3.954/2019. CESTAROLLI CÂMBIO IS ONLY RESPONSIBLE FOR THE RELATIONSHIP OF RELATIONSHIP BETWEEN USERS AND EXCHANGE AGENTS.

 

1.3 Access to and the creation of a Register on the Platform are free and free of any costs or expenses for Users. The contracting of Transactions by the User through the Platform is subject to costs informed to the to the User when contracting the respective Transaction. Each and every contracting Transactions shall be subject to the prior express consent of the User.

 

1.4. The Platform is offered as is ("as is"), and may be modified at any time or cease to exist, without the prior notification or authorization from the User.

 

1.5 For the purposes of the Terms of Use and the Privacy Policy (i) national currency: the official currency used in Brazilian territory, in this case the Real; and Brazilian territory, in this case the Real; and (ii) foreign currency: any and all any official currency in force in another country that the Exchange Agents agree to exchange for its countervalue in national currency according to the market quotations market quotations in force at the time.

 

2. REGISTRATION

2.1 In order to access the Platform's functionalities, the User will need to register by providing certain information, which will be stored for the purposes of for the purposes of complying with legal obligations and which may be enriched by Cestarolli Câmbio and DUO Digital, i.e. confirmed or complemented through consultations with bureaus, registration and information systems and public and/or private databases, including databases, public and/or private, including those operated or made available by BACEN ("Consultation Systems"), and, if applicable, the enrichment may be carried out in relation to the representatives of the legal entity, as provided for in the Privacy Policy and accepted by the User ("Registration"). Registration will result in the creation of a login and password to identifying the User on the Platform. The information will be shared between Cestarolli Câmbio, DUO Digital and the Exchange Agent, insofar as it is necessary for the execution of the Transactions to be contracted. contracted, and therefore the Registration is also subject to the approval of the Exchange Agent.

 

2.1.1 Cestarolli Câmbio, DUO Digital and/or the Exchange Agent may request supporting documents relating to the exercise of powers to carry out Transactions, including powers of attorney granted to third parties, with a notarized to third parties, with a notarized signature and a mandate of no more than one (1) year.

 

2.1.2 By accessing the Platform and registering, the User expressly agrees and authorizes Cestarolli Câmbio, DUO Digital and the Exchange Agent to Agent to have access to information about him/her contained in consultation systems, including systems, including information about judicial or administrative processes and administrative proceedings, which will also be used for the purposes of complying with applicable applicable legislation and regulations, as well as for carrying out procedures to procedures to prevent and combat money laundering and terrorist financing.

 

2.1.3 In the case of legal entity registration, the User agrees and authorizes that consultations with the Consultation Systems involve (i) information on the respective final beneficiaries of the (i) information on the respective ultimate beneficiaries of the companies, their percentage holdings and any restrictions and/or sanctions; and and/or sanctions; and (ii) consultations of the National Classification of Economic Activities (CNAE) code and the company's scope of activity, including to confirm whether the company would be obliged to comply with additional obligations obligations laid down in legislation to prevent money laundering and the financing of financing.

 

2.1.4 In order to mitigate the risks of the Platform being used for illicit purposes and as an important measure to prevent money laundering and terrorist financing, Cestarolli and terrorist financing, Cestarolli Câmbio and DUO Digital reserve the right to the right, at any time, to block the User or refuse to carry out a Transaction if it identifies that the User would be obliged but does not registration with the Financial Activities Control System (SISCOAF) in accordance with applicable in accordance with the applicable regulations.

2.1.5 In order to mitigate the risks of using the Platform for illegal purposes purposes, if Cestarolli Câmbio and DUO Digital identify that the legal entity legal entity carries out activities compatible with those listed in article 9 of Law 9.613/98, but is not registered with SISCOAF, it will immediately notify the User immediately, and will grant the User a period of 2 (two) months to carry out the procedure. If the time limit expires and the registration of the obligated person is not is not carried out, or there is merely the express intention not to do so, Cestarolli Câmbio e a Cestarolli Câmbio and DUO Digital reserve the right to block the customer, until the problem is resolved.

 

2.1.6. As it is an important measure to prevent Money Laundering and Terrorist Financing, the Money Laundering and Terrorist Financing, the blocking referred to in item 2.1.5 of these Terms will not obey commercial opportunities. It is mandatory when registration with SISCOAF is not verified within a predetermined period, communicated and consent.

 

2.2. The User is solely responsible for the secrecy of his/her password and all activities carried out in their Register, and must contact Cestarolli Câmbio and/or DUO Digital in the event of any suspicion of improper use of their login and password by any third party.

 

2.3 Upon completion of the Registration, the User will be informed of the pre-approved the daily and annual pre-approved limit for Transactions on the Platform, which is set by Cestarolli Câmbio and DUO Digital in conjunction with the Exchange Agent, at its sole discretion, based on the profile and data provided by the User. User. If the User wishes to increase their limit, they must follow the instructions the Platform to complete their Registration with additional documents. Cestarolli Câmbio, DUO Digital and the Exchange Agent retain the right to the right to approve or disapprove grants or limit increases based on their internal guidelines. internal guidelines.

 

2.4 Registration is a declaration by the User that that the information and/or documents provided by the User to carry out the Transactions (including any information filled in automatically by the Platform from automatically by the Platform from Consultation Systems) are true, complete and up-to-date and do not distort any material information about the User. information about the User, and the User is solely and exclusively responsible, and criminally, for this information, and their CPF and CNPJ numbers are valid and valid. CNPJ number is valid and valid before the Ministry of Economy, as well as the other information and documents entered into the Platform to carry out the Transaction.

 

2.4.1. The User is aware that both Cestarolli Câmbio, DUO Digital and the Exchange Agent, separately or jointly, may adopt the appropriate measures provided for in laws and other infra-constitutional in order to repress the misuse of the Platform caused by the insertion of data and information that is not compatible with reality or contrary to the reality or contrary to the rules laid down for use of the Platform.

 

2.4.2 If, at any time, any data or information is found to be incorrect, false or contrary to the rules governing the use of the Platform, Cestarolli Platform, Cestarolli Câmbio, DUO Digital and the Exchange Agent reserve the right to the right not to complete the Registration, to block the existing Registration and/or not proceed with a Transaction until the information is corrected and/or supplemented by the User. and/or supplemented by the User. Furthermore, Cestarolli Câmbio, DUO Digital and the Exchange Agent reserve the right, at their sole discretion, use Users' personal information to carry out procedures that seek to prevent criminal practices or any fraud. These procedures include the repetition, at any time, of the searches carried out by way of enrichment in the aforementioned databases.

 

2.4.3 As a rule, the sharing of User data will occur only between the parties to these Terms of Use, by virtue of a judicial request by a competent authority. Other situations sharing of Users' personal data are described in these Terms of Use and in the Privacy Policy, and will also follow the limits and parameters set out in the law and in the normative acts issued by BACEN.

 

2.5. The information provided during Registration may be rectified at any time by the User via the Platform. The e-mail used in the registration process may only be changed by contacting Cestarolli Câmbio and/or DUO Digital, as indicated in item 13 below. below.

 

2.6 Cestarolli Câmbio and/or DUO Digital may, at any time, request new documents and information that they deem necessary for the purposes of Registration, including due to changes in applicable regulations or even simple simple updates to its internal guidelines and/or procedures and/or the Exchange Agent and until such information and documents are received, may reserve the right not to carry out any new Transaction.

 

3. Conditions of Access and Use of the PLATFORM

3.1. By accessing the Platform, the User immediately expresses his/her full and unreserved full and unreserved acceptance of the Terms of Use, Privacy Policy and other rules governing its use. Likewise, the User to observe and respect the laws in force, using the Platform only for lawful purposes that respect any rights of third parties.

 

3.2 By accessing the Platform, the User also declares (i) to have full powers, capacity, legitimacy and all necessary authorizations to accept these Terms of Use and the Privacy Policy, to carry out any Transactions, assume obligations and provide any declarations and guarantees through the Platform with Cestarolli Câmbio, DUO Digital and the Exchange Agent, for the purposes of Registration and carrying out any Transactions, regardless of their nature or value, (ii) not be acting on behalf of a (ii) not be acting on behalf of a hidden principal or third party beneficiary.

 

3.3 Cestarolli Câmbio and DUO Digital reserve the right to accept documents in only three languages: Portuguese, English and Spanish. Spanish. Documents in other languages must be translated and have some form of confirmation of authenticity available in the country of origin, as a way of to attest to the veracity of the information contained therein.

 

3.4. The Services offered by Cestarolli Câmbio do not cover the financial resources transacted by Users through the Platform. through the Platform. The activity performed by Cestarolli Câmbio is merely as an intermediary, collecting information, verifying the correct the Transaction in the manner required by Brazilian law and carrying out the Brazilian legislation and carrying out the Transaction through integration between the User and the Exchange Agent, in order to guarantee that the funds are effectively delivered to the account to the account indicated by the User, with the sole and exclusive responsibility of the of the User or recipient for the future use of the financial resources transferred. THE USER IS SOLELY RESPONSIBLE FOR THE DESTINATION OF THE FUNDS AND AGREES TO RELEASE CESTAROLLI CAMBIO FROM ANY LIABILITY FOR THE USE OF THE FUNDS SENT OR RECEIVED.

 

3.5. Cestarolli Câmbio provides its Services and enables Transactions for sending to or receiving from various countries, which have their own laws and regulations. THE USER IS SOLELY RESPONSIBLE FOR ANALYZING AND COMPLYING WITH THESE LAWS, EXEMPTING CESTAROLLI CÂMBIO FROM ANY LIABILITY ARISING THEREFROM.

 

4. Transactions and User Guidelines

4.1. After completing their Registration on the Platform, the User is able to send and receive amounts in foreign currency through the Foreign Exchange foreign currency through the Exchange Agent, being able to access the history of Transactions, the status of Transactions carried out and edit their registration information. information.

 

4.1.1 The contracting of the Transaction is subject to compliance, at the discretion of of Cestarolli Câmbio, DUO Digital and the Exchange Agent, of the applicable regulatory applicable regulatory provisions, which require, among other things, the the legality, legitimacy and economic rationale of the intended Transaction. intended. For these purposes, depending on its nature, the contracting of the Transaction may be subject to the request and analysis of supporting documents. In other words In other words, the Transaction can only be contracted once Cestarolli Câmbio, DUO Digital and the Exchange Agent have approved the file of documents submitted by the User, at their sole discretion. sole discretion.

 

4.1.2. IT IS THE SOLE RESPONSIBILITY OF THE USER TO PROVE THE LEGALITY, LEGITIMACY AND ECONOMIC RATIONALE OF THE INTENDED TRANSACTION BY MEANS OF DOCUMENTATION CAPABLE OF ATTESTING TO THESE REQUIREMENTS. ANY REQUEST FOR DOCUMENTS BY CESTAROLLI CÂMBIO SHALL NOT BE CONSTRUED BY THE USER AS USER AS GUIDANCE FROM CESTAROLLI CÂMBIO ON HOW TO FORMALIZE THE CONTRACTUAL OR LEGAL ASPECTS INVOLVED.

 

4.1.3. The document review period by Cestarolli Exchange, DUO Digital or the Exchange Agent may vary depending on the complexity of each Transaction, the volume of transactions in a similar status, or even even due to the need for complementation by the User. For this for this reason, it is important that the User begins negotiations with Cestarolli Câmbio in advance of any deadlines agreed in legal relationships impacted by the execution of Transactions.

 

4.2. Cestarolli Câmbio uses Foreign Exchange Agents and other service providers in Brazil and abroad to service providers in Brazil and abroad to assist it in providing the Services and the contracting of Transactions for the User. Only will only be shared with them.

 

4.3 The exchange rates available on the Platform are offered in real time and reflect the market conditions applicable at the time of consultation. and are therefore subject to fluctuations. Once the Transaction has been contracted, it is not possible to Once the Transaction has been contracted, it is not possible to renegotiate the value of the quotation, which includes the exchange rate and other costs for its realization. In order to be able to renegotiate the renegotiation of the contracted price, the User must bear all the costs and losses caused by the cancellation.

 

4.4 Cestarolli Câmbio may authorize the User to request more than one Transaction per day. In cases where the User makes multiple requests for the same Transaction, the Platform reserves the right to calculate and the amounts referred to in item 4.3, according to the quotation of the first request made by the User. request made by the User.

 

4.5 By approving a Transaction on the Platform, the User agrees and authorizes the application of the exchange rates informed on the Platform at the time the when the Transaction is contracted. For the purposes of defining the exchange rate, the Platform displays the market rate applicable at the time of contracting the Transaction (and not the identification of the credit of the funds, in relation to the operations).

 

4.5.1 In accordance with market practices and applicable regulations, the exchange rate for sending funds from Brazil abroad is agreed before the amount in national currency has been transferred to the Foreign Exchange Agent's account in the country. Agent's account in the country. On the other hand, when receiving funds from abroad, the exchange rate is agreed only after the amounts have been identified in the Exchange Agent's international account. Exchange Agent's international account.

 

4.5.2 Once the exchange rate has been fixed, any renegotiation of the exchange rate renegotiation at the User's initiative will only be accepted upon reimbursement of costs and losses that will be charged to Cestarolli Câmbio, DUO Digital or the Exchange Agent for the undoing of any operation already contracted to protect against exchange rate fluctuations.

 

4.6. Cestarolli Câmbio charges a fee for each Transaction carried out by the User. by the User, the amount of which is informed prior to the conclusion of the Transaction. and deducted from the total amount of the Transaction contracted by the User. In the event of return of funds from a Transaction due to the User's incorrect incorrect bank details by the User, the User may resubmit the transfer request by Cestarolli Câmbio after the incorrect data has been corrected. of the incorrect data, being aware only that there may be costs (fees and costs charged by the Foreign Exchange Agent and/or the overseas banking institution related to the return of the order) which will be deducted from the amount initially transferred to the Exchange Agent, and the net balance of these expenses will be the subject of a new exchange contract in accordance with the exchange rate applicable at the time of the new transfer, subject to the provisions of clause 4.6.1 below.

 

4.6.1 Notwithstanding the above, in the event of transfers involving involving Argentine pesos and/or Chilean pesos in which there is a return of from the Transaction due to incorrect completion of the bank details by the User, the incorrectly filled in by the User, Cestarolli Câmbio will resend the funds transfer request. by Cestarolli Câmbio will not be allowed, due to the provisions applicable to the respective jurisdictions. jurisdictions.

 

4.7 In the interests of transparency, Cestarolli Câmbio will make available to the User, after a Transaction has been carried out, a summary of the conditions agreed for the Transaction, including information on the exchange rate, the fees charged and the deadlines for receiving and payment of amounts, without prejudice to the signing of the respective contract between the User and the Exchange Agent.

 

4.8 If the Transaction contracted by the User is rejected by the Exchange Agent due to restrictions of any kind, the amount will be returned to the to the current account from which the bank transfer originated, and the sending will not take place. In this scenario, operating costs, such as such as reversal fees and costs arising from exchange rate fluctuations, may be charged.

 

4.9 If it deems it necessary, the Exchange Agent may request additional information and documents from the User and, if the User does not wish to provide the requested information or documents or does not have them, the funds may be reversed to the current account from which the amounts originated, deduct any operating costs incurred by the agents responsible for the Transaction. agents responsible for the Transaction.

 

4.10. Transactions carried out through the Platform are subject to investigation by the Office of Foreign Assests Control ("OFAC"), the U.S. Government's international transaction control body, and the Bank for International Settlements ("BIS"). for International Settlements ("BIS"). Cestarolli Câmbio has Cestarolli Câmbio has no relationship with these institutions and is not responsible for delays in delays in shipments or receipts resulting from these investigations, nor for the the outcome of the OFAC and BIS analyses. As far as possible, Cestarolli Câmbio undertakes to keep the User informed at all times of any such investigations it becomes aware of.

 

4.11. Transactions carried out through the Platform may be subject to additional costs charged by the banking institutions used by the by the User, the payer or the recipient of funds abroad. Cestarolli Câmbio has no control over the charging of these additional costs and is not responsible for any discounts arising from any charges by such a banking institution. The User should check costs that may be applied to the sending and receiving of a Transaction by the banking institutions used by the User, the payer or recipient of funds abroad.

 

Sending money abroad

4.12. Cestarolli Câmbio will inform you, at the end of the contracting of each Transaction, the bank account and the deadline for payment in national currency for the purposes of the national currency for the purposes of the Transaction. Non-payment by the User may generate costs for the Exchange Agent. In this case, the User will have to reimburse them to the Exchange Agent.

 

4.13. The contracted Exchange Agent will only send the amounts to the international bank account bank account indicated by the User after Cestarolli Câmbio has received confirmation of payment from the User. PAYMENT MUST BE MADE FROM FROM A BANK ACCOUNT HELD BY THE USER. The date and for payment will be shown when the User's order is placed on the Platform. User's order is placed on the Platform. This payment can only be made by available electronic transfer (TED). Cestarolli Câmbio does not accept any other form of payment.

 

4.13.1 Cestarolli Câmbio does not accept cash deposits as a form of payment. of payment. In this sense, if the User still makes the deposit, the can only be made if the User has a current account in Brazil in their name. account in your name in Brazil. Cestarolli Câmbio, for security reasons, reserves the right not to return amounts to accounts held by third parties. third parties. This procedure also applies to any other forms of payment not accepted by Cestarolli Câmbio.

 

4.14. The international banking institution receiving the funds is responsible for responsible for crediting the amounts to the account indicated by the User. Cestarolli Câmbio has no operational control over these institutions and does not cover the expenses that may be charged by them, nor is it responsible for any delay in delay in crediting the amounts transferred to the account indicated. In this In this sense, it is recommended that the User find out about the practices of the bank that will receive the transferred amounts and the costs it will charged prior to contracting the Transaction.

 

4.15. The User must exercise extreme caution when filling in the bank details of the recipient of the Transaction, as well as the amount to be sent and its nature. Once the contracting of a Transaction is confirmed and after the amounts have been sent, if the User has made any typing or other or any other type of error, and the international banking institution institution has accepted the transfer on the basis of the information provided by the User, Cestarolli information provided by the User, Cestarolli Câmbio, Duo Digital and the Exchange Agent will not be responsible for the return of the money by the account holder indicated by the User. If the account holder does not agree to return the money, Cestarolli Câmbio, DUO Digital and the Exchange Agent cannot be held responsible for the User. Cestarolli Câmbio undertakes to use its best efforts to recover the amount. to recover the amount, but under no circumstances can it guarantee that such a return will take place, since it is beyond its control and legal authority to legal authority to oblige the return of the amounts by the account holder indicated by the User.

 

4.16. The deadline for issuing proof of the Transfer, which guarantees that the funds have been sent to the account indicated by the User, is up to 48 (forty-eight) working hours from the confirmation of the receipt of the national currency transferred by the User, and will be issued by the Exchange Agent and will be available on the Platform. The deadline may, for The deadline may, for exceptional reasons, change, and the User will be informed of this.

 

Receiving money from abroad

4.17. Users wishing to receive funds from abroad must, first request the transfer of funds in foreign currency to the Exchange Agent's account abroad, in accordance with the instructions to be indicated on the Platform. The quotation is only made after the amounts have been recognized in the Exchange Agent's international account and after due analysis and approval of the of the Transaction based on the documents and information provided.

 

4.17.1. The User must wait for their order to be identified by Cestarolli Câmbio. Delays resulting from the handling of valuables by intermediaries, such as international banking institutions, are common. common. Once the payment order has been identified in the name of the beneficiary of the Transaction and communication to the User in this regard, the User must contact contact Cestarolli Câmbio, either via the Platform or another service channel, to arrange the closing of the channel, to arrange for the exchange to be closed.

 

4.17.2. CESTAROLLI CAMBIO HAS NO INTERFERENCE OR RESPONSIBILITY FOR FILLING IN THE BANK DETAILS PROVIDED BY THE USER TO CESTAROLLI CÂMBIO FOR THE RECEIPT OF FUNDS IN FOREIGN CURRENCY ABROAD. ABROAD, AND CESTAROLLI CAMBIO IS EXEMPT FROM ANY LIABILITY OR COSTS ARISING FROM ANY ERRORS MADE BY THE PAYER OF THE FUNDS ABROAD. RESOURCES ABROAD.

 

4.18. Once the receipt of funds in foreign currency has been identified in the foreign currency in the Foreign Exchange Agent's account abroad, the User will be notified about it. Depending on the nature of the receipt, the contracting of the Transaction may be subject to prior request and analysis of documentation and, in this In this case, the Transaction can only be carried out when the documents have been approved by Cestarolli Câmbio and/or the Exchange Agent.

 

4.19. Cestarolli Câmbio will only be responsible for the amounts as from receipt and credit to the international account of the Exchange Agent. account. Before the credit is identified, the responsibility lies with the institution and the User and/or the respective payer abroad, who must observe the procedures established by the banking institution for the purposes of transfer to the Exchange Agent's account.

 

4.20. After the Transaction has been contracted, the Exchange Agent will, within Brazilian banking hours, pay the amounts into the current account of the account of the holder indicated by the User. The Exchange Agent has a period of 48 (forty-eight) working hours to credit the amounts to the current account indicated. account. The deadline may, for exceptional reasons or even due to an error in filling in the payment details by the User, may be altered. will be informed to the User.

 

Cancellation of Transaction

4.21. The User may request the cancellation of the Transaction after its closed on the Platform. In this case, the User must bear all the costs, fees, charges inherent in the Transaction and its cancellation, including any charges and costs incurred by foreign banking institutions, which will be will be debited from the amount to be returned. Cancellation may depend on formalization of a request to this effect by the User, or even the signing a new exchange contract, under the terms of the applicable regulations.

 

4.22. IN CASES OF TRANSACTION CANCELLATION, A FIXED A FIXED EXCHANGE CONTRACT CANCELLATION FEE MAY BE CHARGED, IN ADDITION TO THE EXCHANGE RATE VARIATION, TAXES INHERENT TO THE RETURN OPERATION, DISCOUNTS BY THE INTERNATIONAL BANK AND/OR FINANCIAL BANK AND/OR FINANCIAL CHARGES IMPOSED BY BACEN.

 

4.22.1 After the User approves a Transaction on the Platform, the Platform will take the necessary measures to ensure the realization of the Transaction based on the agreed exchange rate. From that moment on, if the User cancels the Transaction (regardless of whether they have already made the TED to the Exchange Agent or not), the cancellation of the Transaction may result in exchange rate resulting from exchange rate variations. The request for cancellation, in these cases, presupposes the User's agreement to bear the cancellation costs referred to herein, which will be charged to the User. referred to herein, which will be charged to the User or debited from the amount to be refunded to the User, as the case may be.

 

4.22.2 When the amounts are still in the possession of the Exchange Agent or its or their intermediaries, the transaction may be reversed within 2 (two) working days. (two) working days. If the amounts have already been transferred to the accounts indicated by the User, the recipient's bank may or may not accept the request to return the funds. Cestarolli Câmbio and the Exchange Agent Agent cannot oblige the return of amounts transferred and paid to the User or to third parties, whether in Brazil or abroad.

 

4.22.3 If the recipient's banking institution returns the amounts the subject of a Transaction by complying with the cancellation request, Cestarolli Exchange will only reverse the amounts after the funds have been identified in the in the Exchange Agent's account, subject to the deductions referred to herein.

 

4.22.4 When required by regulation, the amount to be reimbursed for remittances abroad by the Exchange Agent shall be converted into national currency using the national currency using the exchange rate applicable on the day the exchange contract, and the credit in national currency shall be made by the Exchange Agent to the current account informed by the User on the Cestarolli Exchange.

 

Tax aspects

4.23. When approving a Transaction on the Platform, it will be shown and the amount of the IOF (Tax on Financial Transactions) applicable to the exchange operation which is the subject of the Transaction, including Transactions for the return of amounts.

 

4.23.1. The User will always be the IOF taxpayer according to the tax legislation in force in Brazil. The Exchange Agent will pay IOF to the Federal Revenue Service, in accordance with the rules in force.

 

4.23.2 The IOF rate on foreign exchange transactions may vary depending on the nature of the depending on the nature of the Transaction and will be defined based on the classification and classification and classification of the Transaction by the User. YOU AGREE TO PAY AND REIMBURSE CESTAROLLI CÂMBIO AND/OR THE EXCHANGE AGENT FOR ANY IOF CHARGES, INCLUDING FINES AND INTEREST, OTHER CHARGES AND DEFENSE COSTS, WHICH MAY BE REQUIRED BY THE COMPETENT AUTHORITIES DUE TO THE CLASSIFICATION OF THE TRANSACTION AND THE EXECUTION OF THE EXCHANGE CONTRACT WITH THE EXCHANGE AGENT.

 

4.23.3 The receipt/voucher for the contracted Transaction will include, the amount corresponding to the IOF paid by the User, and regularly collected by the the Federal Revenue Service, as well as other information. There will be no individual proof of payment of IOF in accordance with current legislation.

 

4.24. The User is solely responsible for the calculation and payment of any additional taxes levied or to be levied on the Transaction, be they municipal, state and/or federal tax or income tax, as well as for providing any declaration required in accordance with applicable legislation as a result of its activities and/or the activities and/or the Transaction.

 

4.24.1 On the screen for finalizing the Transaction on the Platform, it may be possible to (Income Tax) or any other tax that the User must pay as a result of the exchange operation which is the subject of the Transaction.

 

4.24.2. THE USER IS SOLELY RESPONSIBLE FOR CALCULATING AND PAYMENT OF TAXES DUE AS A RESULT OF THEIR ACTIVITIES, INCLUDING THOSE THOSE THAT MAY BE REQUIRED DUE TO OR FOR THE PURPOSES OF PAYMENTS TO AND FROM ABROAD AS A RESULT OF TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM. ANY INFORMATION PRESENTED BY CESTAROLLI CÂMBIO ON THE PLATFORM IN RELATION TO TAXES SHOULD NOT BE CONSTRUED BY THE USER AS GUIDANCE BY CESTAROLLI CESTAROLLI CÂMBIO ON TAX ASPECTS, WHICH SHOULD BE VERIFIED AND VALIDATED BY THE USER INDEPENDENTLY OR WITH THE HELP OF THEIR ADVISORS. THE USER AGREES TO PAY AND REIMBURSE CESTAROLLI CÂMBIO AND/OR THE EXCHANGE AGENT FOR ANY AGENT FOR ANY COLLECTION OF TAXES OWED BY USERS THAT MAY BE AUTHORITIES, INCLUDING FINES AND INTEREST, OTHER CHARGES AND DEFENSE COSTS. CHARGES AND DEFENSE COSTS.

 

5. Promotional actions

5.1. Cestarolli Câmbio may, at its sole discretion, carry out promotional campaigns, grant benefits or create and offer promotional codes promotional codes and/or discount codes, which may be used by the User in accordance with the conditions that may be established in each promotional action ("Promotional Actions").

 

5.2 The Promotional Actions may be publicized through the Platform, sending e-mails to the User, media channels and/or through through telephone contact and messages and will be subject to compliance with the rules of the respective Promotional Action. If the User does not meet the requirements of the Promotional Action and/or fails to comply with any provision of the of the Promotional Action or the rules set out in these Terms of Use, the User will lose the right to use the discount and/or benefit previously granted by Cestarolli Câmbio.

 

5.2.1 Discounts and/or benefits granted to the User by Cestarolli Câmbio must be used within the stipulated period and in accordance with the purpose indicated in the rules of the respective Promotional Action, subject to the limits previously established by Cestarolli Câmbio with regard to the number of Users who may benefit.

 

5.2.2 The User declares to be aware that the Promotional Actions by Cestarolli Câmbio may expire before the User can take advantage of them. before the User can take advantage of them. The expiry date of each Promotional Action will be stated in their respective rules or conditions.

 

5.3 Each Promotional Action may be directed at a different target audience, at the sole discretion of different target audience, at the sole discretion of Cestarolli Câmbio, so that there is no any obligation for a discount and/or benefit offered to be extended to the entire the entire Cestarolli Câmbio User base.

 

5.3.1 The User declares that he/she is aware that he/she may not be entitled to the the same discount and/or benefit offered by a Promotional Action, not being not be entitled to any reimbursement or receive similar commercial conditions. similar.

 

5.4 The User further undertakes not to duplicate, transfer, sell and/or make available to third parties any discounts and/or benefits granted by Cestarolli Câmbio to the User, unless expressly authorized by Cestarolli Câmbio.

 

6. Prohibited Practices

6.1 When accessing the Platform, Users are strictly prohibited from: (i) practice or encourage the practice of any illegal acts or activities; (ii) send or receive funds without proof of income or origin by lawful means; and (iii) send funds to a location other than that in which the recipient of the of the Transaction resides or is headquartered.

 

6.2 Users are expressly forbidden from taking advantage of systemic systemic errors, including those related to the pricing of exchange rates. rates. In the event of an error on the Platform, Cestarolli Câmbio will inform the Users, and Transactions made during the period of error may be canceled without prior notice, in order to preserve the integrity of all parties involved. involved.

 

6.3 The collection, storage and processing by the any personal information of other Users of the Platform.

 

6.4 The use of the Platform by minors is strictly forbidden, unless they are emancipated, provided they present supporting documents and this condition is duly informed and approved through the Platform.

 

6.5. The User, when accessing the Platform, undertakes not to carry out acts that may prevent normal use or that may damage, disable, overload, deteriorate or in any way modify the Platform, computer devices of other Users, of Cestarolli Câmbio or of third parties, including but not limited to hardware and software, as well as documents, files and content made available and/or stored on said said devices.

 

6.6 The User also undertakes not to use any system, including, but not limited to, "robots", "spiders", "scripts" or "offline readers" that access the Platform and use the Platform in an unfair, manipulative manner or contrary to the provisions of in these Terms of Use, in the Privacy Policy and in the other rules that govern the use of the Platform and the legislation in force.

 

6.7 The User is prohibited from using any system to send requests for access to and use of the Platform that exceeds, in a given period, what it would normally be possible to respond to, leading to the impediment of access, deteriorating or in any way altering the experience of using the contents of the Platform.

 

6.8. The User further undertakes not to "reverse engineering" practices, transmit, publish, disseminate or create works derivative works of any material to which they may have access on the Platform, which they must assume are protected by intellectual property rights regardless of any additional written guidance in this regard and/or when the disclosure of such materials is not authorized by its author or the holder of their intellectual property rights. This prohibition does not cover uses permitted by the limitations and exceptions to intellectual property rights, in the strict sense rights, in the strict sense conferred by the legislation in force.

 

7. Sanctions

7.1 Cestarolli Câmbio may exclude any User from the Platform, at its sole discretion, or even block, suspend or prohibit access by the pending Transaction, including the consequent elimination of any content from the Platform: (i) by legal determination; (ii) by virtue of a court order or by order of a competent authority; (iii) to avoid or correct any elements which, in its sole discretion, may (iii) to avoid or correct any elements which, at its sole discretion, may bring or have brought harm or any kind of damage to Cestarolli Exchange, the Exchange Agent or any third party; (iv) when the Transactions (iv) when the Transactions carried out by the User do not comply with the provisions of these Terms of Use or any applicable legislation Terms of Use or any applicable legislation; (v) when there are indications that the (v) when there are indications that Users may be acting in bad faith when using the Platform; (vi) when there are there are indications that Users may be failing to comply with applicable legislation and applicable legislation and regulations, including on the basis of procedures for preventing and procedures to prevent and combat money laundering and the financing of terrorism; (vii) in the hypothesis listed in item 2.1.5 of these Terms and/or (viii) by (viii) at the request of the Exchange Agent, whether based on any of the above items or not. above or not.

 

8. Limitation of Liability

8.1. CESTAROLLI CAMBIO SHALL USE ITS BEST ENDEAVORS TO ENSURE THAT THE PLATFORM IS FULLY ACCESSIBLE AT ALL TIMES. HOWEVER, THERE IS NO GUARANTEE THAT ACCESS AND USE WILL BE UNINTERRUPTED OR WITHOUT FAULT. UNINTERRUPTED. CESTAROLLI CAMBIO SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY AS A RESULT OF ANY IMPEDIMENT OR ALTERATION IN THE FORM OF ACCESS, USE AND FUNCTIONALITIES, EVEN IF TEMPORARY, OF THE PLATFORM.

 

8.2. CESTAROLLI CAMBIO HAS NO OBLIGATION TO MONITOR, SUPERVISE OR ACCESS TO AND USE OF THE PLATFORM BY USERS. CESTAROLLI CÂMBIO DOES NOT GUARANTEE THAT OTHER USERS WILL USE THE PLATFORM IN TERMS OF USE, PRIVACY POLICY AND OTHER RULES GOVERNING ACCESS TO AND USE OF THE PLATFORM. RULES GOVERNING ACCESS TO AND USE OF THE PLATFORM, AS WELL AS THE LEGISLATION IN FORCE. CESTAROLLI CAMBIO DISCLAIMS ANY LIABILITY FOR DAMAGES AND DIRECT AND/OR INDIRECT DAMAGES OF ANY NATURE WHATSOEVER THAT MAY BE CAUSED BY BY VIRTUE OF ACCESS TO AND USE OF THE PLATFORM, THE INFORMATION ENTERED BY ITS USERS, INCLUDING DAMAGES ARISING FROM THE LACK OF VERACITY, VALIDITY AND AUTHENTICITY OF THE INFORMATION THAT USERS PROVIDE ABOUT THEMSELVES, IN ADDITION TO THOSE ARISING FROM THE SIMULATION BY A USER OF THE PERSONALITY OF A THIRD PARTY.

 

8.3. CESTAROLLI CAMBIO IS NOT RESPONSIBLE FOR ERRORS IN FILLING IN OF BANK DETAILS BY USERS WHICH MAY LEAD TO THE TRANSFER OF TO FOREIGN ACCOUNTS OTHER THAN THOSE DESIRED BY THE USER. FILLING IN BANK FIELDS, ESPECIALLY THE RECIPIENT ACCOUNTS, IS THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE USER. RESPONSIBILITY OF THE USER.

 

8.4. CESTAROLLI CAMBIO WILL USE ITS BEST EFFORTS TO, WITHIN SECURITY STANDARDS AND THE APPLICABLE LEGISLATION IN FORCE, ENSURE THAT PERSONAL DATA PROVIDED BY USERS IS PROTECTED AND KEPT CONFIDENTIAL. KEPT CONFIDENTIAL. HOWEVER, CESTAROLLI CÂMBIO CANNOT GUARANTEE THAT THE DATA PROTECTION AND THE SECURITY OF THE PLATFORM WILL NEVER BE BREACHED. IN THESE CIRCUMSTANCES, THE USER CONSENTS THAT CESTAROLLI CAMBIO CANNOT BE LIABLE FOR THE UNAUTHORIZED ACTS OF THIRD PARTIES THAT PROMOTE INTERCEPTION, DELETION, ALTERATION, MODIFICATION OR MANIPULATION OF THE CONTENTS OF THE PLATFORM AND OF PERSONAL DATA AND OTHER INFORMATION AND MATERIALS MADE AVAILABLE BY USERS.

 

8.5. THE USER IS SOLELY RESPONSIBLE FOR ANY INFORMATION MADE AVAILABLE ON THE PLATFORM AND FOR THE USE MADE OF IT. FULLY RESPONSIBLE FOR ANY OFFENSE TO THE RIGHTS OF THIRD PARTIES THAT ITS USE MAY MAY CAUSE. THE USER ASSUMES FULL RESPONSIBILITY IN THE EVENT OF ANY LEGAL OR ARBITRATION CLAIM BY THIRD PARTIES WHICH IN ANY WAY AFFECTS CESTAR AFFECTS CESTAROLLI CAMBIO, ITS DIRECTORS, EMPLOYEES AND COLLABORATORS, IN RELATION TO OR AS A RESULT OF YOUR ACCESS TO AND USE OF THE PLATFORM IN VIOLATION OF THE TERMS OF USE, PRIVACY POLICY, RULES GOVERNING THE ACCESS TO AND USE OF THE PLATFORM AND THE LEGISLATION IN FORCE. THE USER SHALL INDEMNIFY CESTAROLLI CÂMBIO IN THE EVENT THAT CESTAROLLI CÂMBIO IS ORDERED TO BE ORDERED TO PAY COMPENSATION OR OTHER PAYMENT OF A DIFFERENT NATURE OF A DIFFERENT NATURE, BY VIRTUE OF ACTS PRACTICED BY THE USER WHEN ACCESSING AND USING THE PLATFORM. USE OF THE PLATFORM.

 

8.6. CESTAROLLI CAMBIO IS NOT RESPONSIBLE FOR THE PROVISION OF ANY SERVICES OR GOODS SOLD, ADVERTISED OR SIMPLY DIRECTED THROUGH THE PLATFORM OR ELECTRONIC ADDRESSES IT OWNS TO THE WEBSITES OF ADVERTISERS, SPONSORS, OTHER USERS OR PARTNERS.

 

8.7. CESTAROLLI CAMBIO AND THE EXCHANGE AGENT SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSSES, DAMAGES, DEFECTS AND/OR FAILURES ARISING FROM THE TRANSACTION BETWEEN USERS AND THE BANKING INSTITUTION RECEIVING THE FUNDS, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY THE FOLLOWING SCENARIOS: (I) PAYMENTS MADE TO (I) PAYMENTS MADE TO UNDESIRED DESTINATIONS OR PAYMENTS IN INCORRECT AMOUNTS DUE TO THE ENTRY OF (II) ERROR OR MISTAKE ON THE PART OF THE USER DUE TO LACK OF UNDERSTANDING OR COMPREHENSION OF THE (II) ERROR OR MISTAKE ON THE PART OF THE USER DUE TO LACK OF UNDERSTANDING OR COMPREHENSION OF THE INFORMATION ENTERED IN THE PLATFORM; AND/OR (III) DELAYS, LOSSES, ERRORS OR OMISSIONS RESULTING FROM THE FAILURE OF THE FAILURE OF TELECOMMUNICATION OR ANY OTHER DATA TRANSMISSION SYSTEM AND THE CENTRAL COMPUTER SYSTEM FAILURE OR ANY PART THEREOF TO THE PLATFORM.

 

8.8. CESTAROLLI CAMBIO IS NOT RESPONSIBLE FOR ANY FEES CHARGED BY THE USER'S BANK OR THIRD PARTIES ABROAD, ANY COMPLAINTS IN THIS REGARD SHOULD BE FORWARDED DIRECTLY TO THE CHANNELS FOR EVALUATION BY SAID INSTITUTION.

 

8.9. IT IS THE EXCLUSIVE DUTY OF THE USER TO INFORM, DECLARE AND PAY THE TAXES LEVIED ON THE NATURE OF THE TRANSACTION OR ARISING THEREFROM OR OR RELATED TO THE NATURE OF THE TRANSACTION THAT MAY BE LEVIED OR BECOME DUE FROM THE REMITTANCE OF FUNDS TO OR FROM ABROAD (REMITTED OR INTERNALIZED), AS WELL AS COMPLYING WITH ALL THE ANCILLARY OBLIGATIONS AND DUTIES REQUIRED BY THE TAX AUTHORITIES.

 

8.9.1. CESTAROLLI CAMBIO WILL NOT BE RESPONSIBLE OR LIABLE FOR THE FOLLOWING LIABLE UNDER ANY CIRCUMSTANCES FOR ANY TAXES OR DUTIES THAT THE USER OR ANY OTHER REASON, FAILS TO PAY TO THE TAX AUTHORITIES AS A RESULT OF THE AS A RESULT OF SENDING OR RECEIVING MONEY THROUGH THE PLATFORM. THROUGH THE PLATFORM.

 

8.10. CESTAROLLI CÂMBIO, THE EXCHANGE AGENT AND ANY INTERMEDIARY AND ANY INTERMEDIARY CONTRACTED BY THEM SHALL NOT BE DEEMED TO BE IN DEFAULT OR DELINQUENT IN FULFILLMENT OF ANY OF ITS OBLIGATIONS UNDER THESE TERMS OF USE IF THE REASON FOR THEIR NON-COMPLIANCE IS DUE TO UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE, INCLUDING FAILURES RESULTING FROM INTERRUPTIONS IN THE PROVISION OF SERVICES BY THIRD PARTIES.

 

9. Intellectual property

9.1 The User is aware that trademarks, names, logos, as well as any and all content, design, artwork or layout present on the Platform and arising from the use of the Services, are the exclusive property of Cestarolli Câmbio or have their use by Cestarolli Câmbio authorized by their owner. In order to use any of these trademarks, names, distinctive signs and others, it is necessary to obtain the prior and express authorization of their owners. In the event of infringement, Cestarolli Câmbio reserves the right to the right to order the immediate removal of the content, without prejudice to other civil and criminal sanctions established in the relevant legislation.

 

9.2 Any acts or contributions aimed at modification of the characteristics, extension, alteration or incorporation into any other programs of the Platform's systems, including the practice of "reverse engineering". Any form of reproduction of the Platform or the Services, in whole or in part, permanently, temporarily or temporary, free of charge or for a fee, in any form, manner or title is expressly prohibited.

 

9.3 The content made available on the Platform only constitutes a non-exclusive, non-transferable and non-sublicensable license to access and make use of the Platform Services, and does not imply any assignment or transfer of ownership of rights from Cestarolli Câmbio to the User. Neither these Terms of Use, nor the use of the Services, transfers or grants the User any rights, except for the limited license granted above.

 

10. Electronic Signature of Registration Form and Exchange Contract

10.1 Users acknowledge the veracity, authenticity, integrity, validity and effectiveness of these Terms of Use and other instruments and documents approved or entered into through the Platform for the provision of the Services, execution of the Registration and formalization of Transactions, including exchange ("Documents"), approved in electronic format and/or by means of electronic certificates, even if they are electronic certificates not issued by ICP-Brasil.

 

10.2 Users expressly consent, authorize, accept and acknowledge as valid any form of proof of the consent and/or authorship of the authorship of the Documents, including by means of their respective signatures on the Documents by means of electronic certificates, where applicable, it being understood that any certain that any certificate shall be sufficient for veracity, authenticity, integrity, validity and effectiveness of the Documents and their terms, as well as the respective binding of the parties to its terms.

 

10.3 Users expressly agree and authorize that, if necessary, their signatures do not necessarily have to be affixed to the same signature page of the page of the Documents signed by the parties and that the exchange of pages of signatures, signed and scanned in electronic format, such as ".pdf", is not required. .pdf", is just as valid and produces the same effects as the original signature affixed to the Documents.

 

11. Duration

11.1 By agreeing, the User declares that he/she has previously read all the this Terms of Use, as well as the Privacy Policy and other rules governing the Platform, and have fully understood its content, being aware that by joining, all their rights and obligations will be bound to it, making such rules and conditions of use indispensable for contracting the Services requested by the User and contracting Transactions.

 

11.2 This agreement shall be in force for an indefinite period, and may be terminated by Cestarolli Câmbio at any time, at its sole discretion, regardless of the payment of any compensation or indemnity whatsoever. whatsoever.

 

11.3 Cestarolli Câmbio may, at any time, make modifications to these Terms of Use, as well as to the Privacy Policy and other rules governing the Platform. Continued use of the Services after the Terms of Use have been amended serves as an unequivocal manifestation of consent and therefore binds the User with regard to the amended terms.

 

12. General Provisions

12.1 The Documents and other information and documents made available on the Platform available on the Platform will be shared between Cestarolli Câmbio, DUO Digital and the Exchange Agent for the purposes of providing the Services and carrying out Transactions, to which Users agree and expressly authorize.

 

12.2 These Terms of Use were published on July 15, 2024 and are the valid and effective version of the terms and conditions governing the Platform, the provision of the Services and the performance of Transactions. This version governs all past and present relationships between Users of the Platform and Cestarolli Exchange, including the Exchange Agents, insofar as applicable, respecting the rights, perfect legal acts and res judicata. The User must always read these Terms of Use carefully and may not excuse themselves from them by claiming ignorance of their terms, including with regard to modifications.

 

12.3 Failure by Cestarolli Câmbio to exercise any of the rights or conferred by the Terms of Use, the Privacy Policy, the rules governing access to and use of the Platform or the Privacy Policy, the rules governing access to and use of the Platform or the legislation in force, as well as any tolerance against infringements of the provisions of the aforementioned legal and contractual instruments (including any any Documents), shall not constitute a waiver of rights or novation, your rights may be exercised at any time.

 

12.4 Acceptance of these Terms of Use, the Privacy Policy and the rules governing Policy and the rules governing access to and use of the Platform does not create any labor, corporate, partnership or association relationship between Cestarolli Câmbio and the User. partnership between Cestarolli Câmbio and the User.

 

12.5 The Privacy Policy and other rules governing access to and use of the Platform are inseparable from these Terms of Use. use of the Platform are inseparable from these Terms of Use. In the event of conflict between provisions, the Terms of Use shall prevail.

 

12.6 In the event that the User disputes a Transaction carried out by the Exchange Agent, Cestarolli Câmbio will confirm that it was carried out in instructions given by the User to Cestarolli Câmbio.

 

13. Service Channel

13.1 Cestarolli Câmbio has a customer service channel, available 5 (five) days a week, during business hours, via cestarolli@tappartner.com.br, online chat, telephone and WhatsApp, as indicated on the Platform. indicated on the Platform.

 

14. Legislation and Choice of Court

14.1 These Terms of Use shall be governed by Brazilian law.

 

14.2 The Central Court of the District of São Paulo, State of São Paulo to settle any disputes between the parties in the interpretation and these Terms of Use, the Privacy Policy and the rules governing access to and use of the Platform. Policy and the rules governing access to and use of the Platform.