Terms of Use
Important Notice: Please read carefully.
Before purchasing, it is essential that you carefully read the terms and conditions of these Terms and Conditions of Use ("Terms"). By clicking "Buy", you will be confirming your full understanding and agreement with all the clauses present.
If you do not agree with the Terms, do not continue with the purchase. If you have already made the purchase, you may request a refund within the cooling-off period, in accordance with article 49 of the Consumer Protection Code.
1. PARTIES:
PRODUCER: Celso de Almeida, registered with the CNPJ under number 32.440.473/0001-04, headquartered in São Paulo – SP, herein represented by its managing partner, Celso de Almeida, hereinafter referred to as CONTRACTOR.
PRODUCER : Bigbot Informática Ltda, registered with the CNPJ under number 50.642.455/0001-89, headquartered in Indaiatuba – SP, herein represented by its managing partner, André Luís de Oliveira Neves, hereinafter referred to as PLATFORM.
STUDENT-USER: The beneficiary of the use of the infoproduct, identified through the information provided to the payment platform at the time of Purchase, hereinafter referred to as the CONTRACTOR.
This Term establishes the provisions that govern the rights and responsibilities associated with the acquisition and use of the infoproduct called "Samba de Almeida e Bateristas Brasileiros” and the corresponding supplementary materials.
This document will be accessible to the STUDENT-USER at all times through the Bigbot Platform on the page called "Terms of Use" always visible in the footer of the portal, with the STUDENT-USER having full access before the expiration of the cooling-off period provided for in article 49 of the Consumer Defense Code, and the STUDENT-USER may read the Terms and decide to terminate the INFOPRODUCT with a full refund of the amounts, provided that it is within the established cooling-off period of 7 (seven) calendar days in total, already considering the period provided for in article 49 of the Consumer Defense Code.
The Terms will also be sent in the Whatsapp group (or other), allowing the USER-STUDENT the opportunity to read the Terms and decide on the termination of the INFOPRODUCT.
2. OBJECT:
The resources are offered, developed, managed and owned by the PRODUCER and consist of the following deliverables:
2.1. Almeida's Samba Series
An exclusive series composed of 5 modules, covering various musical techniques and styles related to Samba:
- Beginner: 9 classes, totaling 1h06min;
- Intermediate: 8 classes, totaling 51 minutes;
- Advanced: 15 classes, totaling 1h23min;
- Creative Takes - Percussion and Adaptations: 8 classes, totaling 37 minutes;
- Bonus Songs: 3 lessons, totaling 3 minutes.
2.2. Brazilian Drummers Series
A series dedicated to the study of great names in Brazilian drumming, including their characteristic techniques and styles:
- Milton Banana: 10 classes, totaling 54 minutes;
- Edison Machado: 6 classes, totaling 28 minutes;
- Paulo Braga: 11 classes, totaling 1h01min;
- Almeida Family: 15 classes, totaling 1h54min;
- Rubinho Barsotti: 12 classes, totaling 51 minutes;
- Bonus Classes: 2 classes, totaling 38 minutes.
2.3. Personalized Mentoring
- Direct support: We provide personalized support with instructors via email and/or WhatsApp, with a response time of up to 05 (five) business days, ensuring a continuous and quality learning experience;
- Certificate of Completion: Issued at the end of classes, upon fulfillment of the requirements established for each module.
Changes: Dates and deadlines may be adjusted for reasons of force majeure, with the STUDENT-USER being informed in advance.
3. PURCHASE, PRICE AND PAYMENT:
The acquisition of the INFOPRODUCT will be made through the Pagar.me Platform through the link generated by the page: https://celsodealmeida.bigbot.com.br The total investment related to the INFOPRODUCT corresponds to the amount available on the sales page, which can be paid through the payment options available on Pagar.me, as previously chosen by the USER-STUDENT.
3.1. By choosing to pay for the INFOPRODUCT in installments, the USER-STUDENT declares that he/she is aware and agrees that access to and use of the infoproduct are not linked to the number of installments chosen. The course may be completed in a different period (shorter or longer) than the installment payment. Therefore, there will be no right to reimbursement, deduction or return of amounts if the USER-STUDENT, at his/her sole risk, does not complete the course during the period in which access to the infoproduct is available.
3.2. THE STUDENT-USER agrees that, when opting for payment in installments, the completion of the INFOPRODUCT does not interrupt or release the student from his/her obligation to pay all the installments assumed. Full payment is due regardless of when the course is completed.
3.3. Under no circumstances - unless expressly authorized in writing by the PRODUCER via official email [email protected] - may the STUDENT-USER request a chargeback for the purchase made on their credit card, under penalty of the applicable civil and/or criminal legal measures.
3.4. The STUDENT-USER declares that he/she is aware that, in the event of non-compliance with the obligations set forth in this Term, the PRODUCER may adopt all applicable legal measures, including the inclusion of the STUDENT-USER's name in defaulters' records, as well as the filing of pertinent civil and/or criminal lawsuits. In addition, the STUDENT-USER's access to the INFOPRODUCT Platform and groups may be blocked until the debt is fully paid, without this removing the obligation to pay the full amount of the INFOPRODUCT.
4. ACCESS:
To access the INFOPRODUCT and other supporting materials and content, the USER-STUDENT must register through the Infoproducer platform on the Bigbot platform (https://celsodealmeida.bigbot.com.br) through a link received in the registered email within 24 (twenty-four) hours after confirmation of purchase, with all mandatory information requested by the PRODUCER and/or the Bigbot platform, by creating a login and access password, containing name, CPF, address, email and telephone number.
4.1. The STUDENT-USER assumes full responsibility for the information provided during registration, ensuring the veracity and accuracy of such data. The PRODUCER is not responsible for incorrect or false information provided by the STUDENT-USER. It is important to emphasize that the STUDENT-USER confirms that, if there is any discrepancy in the information provided, his/her access to the INFOPRODUCT may be impaired until access instructions are carried out, and in the event of any access problem, the PRODUCER must contact the following email address: [email protected].
4.2. The INFOPRODUCT was purchased for the period determined in accordance with the plan purchased from the date of purchase.
4.3. Access to the INFOPRODUCT is not a continuous service, and all recorded Classes and Document Templates will be available on the Platform, from the access period, with Live Classes being considered a bonus, and their execution being linked to the period of interest of the USER-STUDENT in accessing the INFOPRODUCT, not to participation.
4.4. The INFOPRODUCT and other content are for personal, individual and non-transferable use, and the USER-STUDENT may not lend, assign, record without authorization - even for their own use - or share, under penalty of civil and/or criminal liability. This includes the use of Document Templates, which may not be shared with third parties who are not students.
4.5. Access to the INFOPRODUCT and groups may be suspended, interrupted or cancelled by the PRODUCER, without prior notice, in cases of:
(i) delay of 02 (three) installments in payment;
(ii) breach of the rules of conduct set out in clause 4.6;
(iii) password sharing;
(iv) in case of suspicious activities;
(v) to investigate irregularities;
(vi) for maintenance, without anything being owed by the PRODUCER, due to such suspension, interruption or cancellation.
4.6. The USER-STUDENT has the right to access the Whatsapp group and/or another platform to be defined by the PRODUCER (such as, but not limited to, "Telegram") and exchange experiences through electronic messages for an indefinite period, while the group continues, free of charge, and the PRODUCER reserves the right to close the Group and the sale of information products without prior notice, always complying with the terms agreed herein for the validity of the contracted plan.
4.7. THE PRODUCER undertakes to respond to all messages related to the theme "Samba de Almeida and Brazilian Drummers" in the Group within 5 (five) business days.
4.8. THE STUDENT-USER undertakes not to share on the Bigbot Platform or groups on any social network and/or electronic messaging applications content that encourages crimes or any form of violence or discrimination.
4.9. The STUDENT-USER is committed to respecting the laws, terms and regulations of the "Platforms" and other websites, refraining from sharing content that encourages crimes or any form of violence, contains viruses, messages of a political or religious nature, false or disrespectful religious information, or that disturbs other STUDENT-USERS. The PRODUCER reserves the right to remove content shared in disagreement with the rules and to exclude the STUDENT-USER from groups and Platforms, without prior notice and without prejudice to any possible contractual termination without reimbursement of amounts.
4.10. The term of access contracted for the INFOPRODUCT acquired by the USER-STUDENT begins at the time of purchase and is continuous, with no suspension periods permitted.
4.11. The STUDENT-USER may request the renewal of the course to [email protected] , which may be offered for any amount to be defined by the PRODUCER, with no guarantee of discounts or maintenance of the same price as the first purchase.
5. INTELLECTUAL PROPERTY:
5.1. The INFOPRODUCT is made available to the USER-STUDENT on a non-exclusive, limited and exclusive basis for information, learning and strictly personal and non-commercial use. The acquisition of the INFOPRODUCT does not imply, under any circumstances, the transfer of intellectual property rights over the course or any of its contents, including support materials, texts, videos, audios, drawings, images, photographs, layouts, algorithms, graphics, e-books, books, brands, logos, trade names, advertising materials and distinctive signs belonging to the PRODUCER or third parties that have authorized their use. These materials are protected in accordance with current legislation and applicable international treaties.
5.2. The USER-STUDENT undertakes not to reproduce, copy, store, transmit, display, broadcast, edit, market, assign, license or alter these materials without the prior and express authorization of the PRODUCER, by any means or format. Failure to comply with these provisions will subject the USER-STUDENT to civil and criminal sanctions provided for by law, and must always respect the Brazilian and international legal system applicable to the protection of intellectual property, as well as these Terms and any specific regulations of the platforms or websites used in connection with the INFOPRODUCT and its materials.
5.3. The USER-STUDENT is authorized on an exceptional basis to record short cuts of up to 01 (one) minute of classes for posting on their profile on personal and professional social networks, always making it clear that they are a STUDENT of Expert Celso de Almeida.
5.4. The USER-STUDENT is authorized to disclose that he/she is a STUDENT of Expert Celso de Almeida on his/her social and professional networks and resume.
6. OBLIGATIONS OF THE PARTIES:
6.1 In addition to the obligations provided for in the legislation and the other obligations provided for in these Terms, the STUDENT USER must:
a. Have and properly configure the computer equipment and peripherals necessary for the purpose of these Terms to be provided (any questions regarding the minimum requirements for accessing the course must be clarified by the STUDENT-USER through the customer service channel [email protected]);
b. Keep your registration data updated with the PRODUCER;
c. Do not share, market or transfer your access to the INFOPRODUCT to third parties outside of this commercial relationship, maintaining the confidentiality of your login and password;
d. Access the INFOPRODUCT only online and exclusively through the Bigbot Platform, not making copies by any means, including downloading or screen recording;
e. Make payments as per purchase;
f. Respect the rules of social coexistence and conduct, including in groups;
6.2. In addition to the obligations provided for in the legislation and the other obligations provided for in these Terms, the PRODUCER must:
a. Provide access to the INFOPRODUCT to the STUDENT USER, provided that the latter complies with his/her obligations and has not committed a serious offense that justifies blocking access;
b. Provide support to the STUDENT-USER regarding technical access issues and/or problems on the platform, as well as pedagogical issues, which will include assistance from the INFOPRODUCT Expert within a response period of 05 (five) business days via email [email protected];
7. RIGHT OF WITHDRAWAL:
Within 07 (seven) calendar days after the date of purchase, the STUDENT USER may request termination of the contract and refund of the amount paid via email [email protected] with a deadline of 05 (five) business days to return the request, with the amount being refunded in the same way it was paid (whether in cash or in installments) within the period of 5 (five) business days for payment of the first installment.
7.1. If the INFOPRODUCT reaches the end of the contracted validity date and the USER-STUDENT is dissatisfied, for any reason, each USER-STUDENT will be entitled to 01 (one) session of 01 (one) hour with Expert Celso de Almeida to draw up a practical professional action plan, which must be executed to the letter by the USER-STUDENT, having nothing more to complain about after that.
7.2. Clause 7.1 is a liberality of the PRODUCER and does not guarantee results.
8. GENERAL DATA PROTECTION LAW:
8.1. By accepting this agreement, the USER-STUDENT gives unequivocal authorization and consent for their personal data (name, CPF, email, image, voice and telephone) to be processed by the PRODUCER in accordance with Law No. 13,709/2018 (General Data Protection Law), which may be used for the following purposes:
(i) Identification of the STUDENT USER;
(ii) Payment authorization;
(iii) Respond to requests and queries;
(iv) Collaborate and/or comply with a court order or request by an administrative authority;
(v) Disclosure of Social Proof attesting to the quality of the INFOPRODUCT;
(vi) Sending gifts and advertising;
(vii) Sending recorded classes on the Bigbot Platform;
8.2. The use, access and sharing of personal data will be done within the limits and purposes of the PRODUCER's activities, and the STUDENT USER may at any time, upon request by email to [email protected]:
(a) Have access to the data;
(b) Demand the correction of incomplete, inaccurate or outdated data;
(c) Request the anonymization, blocking or deletion of unnecessary, excessive data or data processed in disagreement with Law No. 13,709/18 or that were used without your authorization;
(d) Request data portability to third parties and obtain information from the third parties with whom the data was shared;
(e) Revoke, at any time, consent for the processing of your data, assuming, in the latter case, exclusive blame for the impossibility of fulfilling the obligations and rights of this instrument, whose data are necessary.
8.3. The USER-STUDENT is hereby informed that the revocation of data may imply in prejudice to the adequate provision of the INFOPRODUCT, since the CLASSES WILL BE RECORDED WITH THE PARTICIPATION OF THE USER-STUDENTS and if the USER-STUDENT does not agree with the exposure of his/her name, image and voice, he/she must not participate in the LIVE CLASSES and instead watch them recorded.
8.4 Consent may only be revoked up to 1 (one) business day before each live class, since after recording, the classes will be available on the Bigbot Platform for all students and may be used in the future for new classes. If the STUDENT-USER has any justifiable reason for revocation, he/she must contact us by email at [email protected] .
8.5 THE STUDENT-USER may keep the camera and audio turned off and omit their name during the LIVE CLASS, if they wish to have the complete experience without disclosing their data, for which it will be their sole responsibility to omit the data to avoid exposure.
9. TRANSFER OF IMAGE AND VOICE RIGHTS:
By accepting this present, the USER-STUDENT authorizes the capture and use of image, name, video, voice, text and testimony, resulting especially from participation in the INFOPRODUCT and related events, and the PRODUCER may record, edit, reproduce without any limitation and without anything being owed to the USER-STUDENT.
10. COMPETITION AND NON-SOLICITATION:
The USER-STUDENT agrees and undertakes not to practice any act that characterizes competition with the PRODUCER's products, services and/or content, for a minimum period of 01 (one) year from the date of completion of the USER-STUDENT's access to the infoproduct, as well as undertakes not to recruit specialists or clients of the PRODUCER, if a violation occurs, he/she will be notified to correct the irregularity within 30 (thirty) calendar days, under penalty of the sanctions provided for in the legislation.
11. DISCLAIMER OF LIABILITIES:
The INFOPRODUCT is made available digitally, therefore, the USER-STUDENT is fully aware that the PRODUCER cannot guarantee the full functioning of these channels owned by third parties, and is not responsible for any damage resulting from access to the Platform, hacker attacks, loss of servers, unavailability, among any other related hypothesis.
12. EXCLUSION OF WARRANTIES:
The acquisition of the INFOPRODUCT does not guarantee any type of intellectual, professional, financial or personal advancement to the USER-STUDENT, nor does it guarantee any type of result, financial gain or professional success, and is considered an obligation of means. This Term constitutes only the sale and delivery of the items mentioned in clause 2 - OBJECT - pertinent to the theme "Samba de Almeida and Brazilian Drummers”.
12.1. THE STUDENT-USER expressly declares that he/she is aware that the content that will be made available to him/her reflects the personal knowledge and opinions of Expert Celso de Almeida on the subjects covered, and that there is no power to declare the content as absolute truth, nor to guarantee any practical result.
12.2. THE PRODUCER may replace any module or other class that it deems pertinent to the INFOPRODUCT, provided that it gives 5 (five) business days' prior notice, and is not required to maintain the content initially disclosed in the sale, but is obliged to conduct classes with the theme "Samba de Almeida e Bateristas Brasileiros” and open a vote in the Whatsapp Group so that the majority of students choose the new theme.
12.3. THE PRODUCER may replace Expert Celso de Almeida in the event of personal and/or family illness, death of close friends and/or family members, problems with internet signal and/or computer equipment and/or any occurrence that may make it impossible to hold the scheduled classes, committing to use its best efforts to reschedule the class and/or replace it with an Expert with similar and/or superior knowledge, and must justify and prove through documents the reason why Expert Celso de Almeida is not available.
13. CERTIFICATE:
The Platform will issue the USER-STUDENT a certificate of completion in an exclusively electronic format, upon completion of 100% (one hundred percent) of the content made available in the INFOPRODUCT, however, the USER-STUDENT declares his/her full knowledge that the PRODUCER does not have any link with the Ministry of Education (MEC), offering only INFOPRODUCTS that are not subject to the regulation of the body in question.
14. GENERAL PROVISIONS:
14.1. This instrument does not imply the establishment of any type of company, association or any employment or work relationship, nor does it establish any liability between the parties beyond the provision of the CLASSES MENTIONED IN CLAUSE 2.
14.2. If any part of this Agreement is held to be invalid or unenforceable the remaining provisions shall remain in full force and effect.
14.3 If any part of these “Terms” is found to be invalid or unenforceable, such part shall be construed in a manner consistent with applicable law, to reflect, as far as possible, the original intention of the PRODUCER and the STUDENT USERS, so that the remaining provisions shall remain in full force and effect.
14.4. These “Terms” may be modified and/or altered periodically, in whole or in part, by the PRODUCER, upon prior notice to the STUDENT-USER.
14.5. Tolerance by either party regarding the inaccurate fulfillment by the other of the obligations assumed in this instrument, its non-demand or non-application of the respective penalty, shall not imply waiver or exemption from the obligation or its penalty, nor shall it imply innovation.
14.6. All notifications and communications from the PRODUCER to the USER-STUDENT will be considered effective, for all purposes, when they are sent to the email address provided at the time of registration on the Bigbot Platform, and it is the responsibility of the PRODUCER to inform any changes via email: [email protected] .
14.7 THE STUDENT-USER authorizes the PRODUCER to create direct or indirect communication channels, including email, social networks, cell phone notifications and other methods, so that the PRODUCER can keep the STUDENT-USER informed about its services in the best possible way.
14.8. THE PRODUCER may make any changes to the platform or infoproduct, as it deems necessary, without this resulting in any harm to the USER-STUDENT.
15. STUDENT-USER STATEMENTS:
The USER-STUDENT expressly acknowledges that the simple provision of the INFOPRODUCT contents corresponds to the full fulfillment of obligations by the PRODUCER, regardless of actual viewing.
15.1. THE USER-STUDENT, when accessing and registering on the Platform, declares to be a natural person, to be at least 18 (eighteen) years of age, and to be civilly capable of understanding, accepting and complying with this document.
15.2. By sending the Terms of Use to the registered email address, regardless of proof of receipt or continuation of classes, the USER-STUDENT expresses that he/she has read and understood these terms and the other legal instruments mentioned and made available, assuming the rights and obligations established, we accept these Terms for all legal purposes.
15.3. Acceptance of these Terms will occur with the Purchase of the INFOPRODUCT through the BigBot Platform customized for Celso de Almeida, and it is understood that these Terms are widely available for reading and agreement before and after the Purchase period.
16. FORUM:
These Terms will be governed by Brazilian law, with the Court of Indaiatuba, in the State of São Paulo, having jurisdiction to resolve any doubts or disputes arising from these Terms, to which the USER-STUDENT expressly consents and waives jurisdiction and any other, however privileged it may be or may become.
If any questions arise regarding the content of this document, the STUDENT may contact the PRODUCER via email: [email protected] with a response period of 05 (five) business days.
It is important to note that this document complements the Terms of Use of the Pagar.me and Bigbot Platform and, in the event of any discrepancy, the PRODUCER's Terms of Use will prevail.
All rights reserved to Celso de Almeida (expert).
Last updated 11/12/2024
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