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.