1 - PURPOSE

These TERMS OF USE establish general guidelines for the protection of personal data within and outside the corporate environment of West Cargo and all its Partners in Brazil and abroad (“West Cargo” or “Partners”), as in the course of its operations it collects, handles, and stores information that may be related to identified and/or identifiable individuals (“Personal Data”). In particular, these TERMS OF USE require the team to ensure that the DPO (Data Protection Officer) is consulted before any new significant data processing activity is initiated to ensure that relevant compliance steps are addressed. West Cargo is fully committed to the continuous and effective implementation of these TERMS OF USE and expects all West Cargo employees to share this commitment. Any violation of these TERMS OF USE will be taken seriously and may result in disciplinary action. These TERMS OF USE have been approved by the Chief Financial and Administrative Officer.

2 - SCOPE OF THE TERMS

These TERMS OF USE apply to West Cargo and all its Partners, both in Brazil and abroad, and to all individuals who have access to any Personal Data held by West Cargo or on its behalf. Any applicable legislation in the different regions where West Cargo operates shall prevail in case of conflict with these TERMS OF USE. Please read these non-negotiable terms of use carefully before using the Website. You (“User/Visitor”) AGREE to be bound by these terms of use regardless of any other provision.

3 - WEBSITE CONTENT AND COPYRIGHTS

This website is owned by West Cargo and is protected by international and Brazilian copyright laws and conventions. West Cargo grants the User/Visitor the right to access and use the website for the purpose of obtaining information, provided that the User/Visitor does not alter, copy, disclose, redistribute, or republish any content or resources of this website without West Cargo's express written consent. The User/Visitor acknowledges that access to and use of this website are subject to these TERMS OF USE, and any extended access or other uses must be approved in writing by West Cargo’s executive management.

4 - WEBSITE CHANGES OR UPDATES

West Cargo reserves the right to change, update, or discontinue any aspect of this website at any time without prior notice. Continued use of the website after any changes implies agreement with these modified TERMS OF USE. We will indicate any new modifications to our Policies and Terms of Use for 30 (thirty) days on our main page “Home/Index.”

5 - DISCLAIMER OF WARRANTIES

West Cargo offers no warranties, express or implied, including but not limited to those of merchantability and fitness for a particular purpose, regarding this website. Although West Cargo takes reasonable steps to filter and protect this website from viruses, worms, trojans, or other malicious code, it cannot guarantee it will be free from attacks at any time or location, as the operation depends on access and hosting providers, among others.

6 - ACCURACY OF INFORMATION

Although the information on this website is from sources considered reliable, West Cargo disclaims all warranties regarding the accuracy, completeness, or suitability of such information. The User/Visitor assumes full responsibility for the use of this website to achieve intended results.

7 - THIRD-PARTY LINKS

This website may contain links to other websites and third parties, which are provided as additional resources for the User’s/Visitor’s convenience. West Cargo does not endorse, support, or accept responsibility for those third-party websites. The User/Visitor agrees to direct any concerns about those third-party websites to the administrator of the respective website.

8 - THIRD-PARTY ARTICLES AND PUBLICATIONS

West Cargo’s executive management is not responsible for: Any type of damage, including direct, incidental, or consequential damages (including but not limited to loss of profits and limitation of liability due to business interruption and loss of programs) arising from the use or inability to use this website or any information provided on the website; or Any claim attributable to errors, omissions, or other inaccuracies in the information provided on the website.

9 - TERMINATION

By accessing and using this website, the User/Visitor agrees to comply with all applicable laws (national and international) and agrees not to take any action that compromises the security or operational viability of this website. West Cargo may terminate/block the User’s/Visitor’s access to this website at any time, for any reason, without justification. Terms related to Warranty Disclaimer, Information Accuracy, Indemnification, and Third-Party Rights will survive termination.

10 - INDEMNIFICATION

The User/Visitor agrees to indemnify, defend, and hold harmless West Cargo and its affiliates, partners, licensors, and their respective directors, employees, and others from all losses, expenses, damages, costs, and liabilities, including attorney fees, arising from misuse of this website, in proven bad faith and attempts to breach security by any means.

11 - THIRD-PARTY RIGHTS

The terms described herein regarding Warranty Disclaimer, Limitation of Liability, and Indemnification benefit West Cargo, its licensors, members, and Partners, each of whom shall have the right to enforce these terms against any identified or identifiable User/Visitor.

12 - IMAGE USE AND INTELLECTUAL PROPERTY OF TEXTS

We use treated images that are our own production, based on open and commercially free sources. Likewise, we validate texts for similarity or plagiarism using advanced mechanisms.
Image Sources: https://www.westcargo.com.br
Text Validation: “Full Grammarly’s Grammar and Plagiarism Checker”; available at https://www.grammarly.com/plagiarism-checker

13 - GENERAL PROVISIONS

Any written communication received by West Cargo related to this Website that is inconsistent with or proposes additions to these TERMS OF USE will be null unless published on the website. If any term is deemed invalid by a court of competent jurisdiction, all remaining terms shall remain in full force and effect. Use of this website and its resources requires the User/Visitor not to: Impersonate any person or entity or misrepresent affiliation/identity or the origin of transmitted content; Engage in spidering, scraping, harvesting, or unauthorized techniques to gather personal data or use unauthorized methods to collect information; Take actions that impose an excessive or disproportionate load on our network, infrastructure, or hosting/communication providers that may disrupt our services.

14 - USAGE RESTRICTIONS REINFORCING GENERAL PROVISIONS

The User/Visitor must NOT: Violate website security or attempt to gain unauthorized access to the website, data, materials, information, computer systems, or networks connected to any data server related to the website through hacking, password mining, or other methods; Take or attempt any action that, in West Cargo’s sole discretion, imposes or may impose an unreasonable or disproportionate burden on the website or its infrastructure; Use or attempt to use any “crawler,” “robot,” “bot,” “spider,” “data mining,” “scripts,” or any other automated or non-automated method to access, acquire, copy, or monitor any part of the website without West Cargo’s express prior written consent. If you need any text, image, or content from our web pages and cannot copy it, please remember that we minimally protect our pages, but as a User/Visitor, you may request the desired content via our contact email. You will always receive a response regarding the acceptance and feasibility of your request.

15 - CONTENT SHARING ON SOCIAL MEDIA

West Cargo has only 3 official pages for content sharing:
Instagram
LinkedIn
YouTube
As per shortcut icons available on our website, any shared content will be published via the user's selected profile on the platform, and the user will be entirely responsible for the control and effects of that information. West Cargo does not have access to users' login credentials and therefore cannot post content on their behalf.

16 - GOVERNING LAW

In the case of application of the LGPD (General Data Protection Law 13.709:2018) based on data of Brazilian citizens or foreigners collected in Brazil, the chosen forum will be the city of Guarulhos, SP, Brazil.