DIGITAL PLATAFORM FOR PARTNERSHIPS

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TERMS AND CONDITIONS – DIGITAL PLATAFORM OF PARTNERSHIPS

1. SUBJECT

This term regulates the usage of the DIGITAL PLATAFORM OF PARTNERSHIPS, made available by the State of São Paulo for receiving Expressions of Interest proposals for partnerships between the State and private entities and giving transparency to the process.

The service will be hereinafter called DIGITAL PLATFORM OF PARTNERSHIPS and this document disciplines its conditions of use.

2. GENERAL CONDITIONS

By clicking "I have read and accept" button on the home screen of the DIGITAL PLATFORM OF PARTNERSHIPS, the USER will be joining and fully agreeing to the terms and conditions transcribed. The Secretariat of Government may, in certain circumstances, change the terms and conditions and should always include the new version of the term in the DIGITAL PLATAFORM OF PARTNERSHIPS. Such modifications, if made, will enter into force from the date of placement of the new version of this Term in the website. The usage, by any USER, of the DIGITAL PLATFORM OF PARTNERSHIPS after any changes in this Term, means that the USER is in accordance with such modifications.

Upon acceptance of this Agreement, the USER CONSENT PRIOR AND EXPRESSLY the Secretariat of Government to:

1 - send by e-mail, SMS or any other mailing/communication, information necessary for the achievement of the purposes of the DIGITAL PLATFORM OF PARTNERSHIPS, including any services provided by the State of São Paulo;

2 - the use of any image and / or their work developed under the State Privatization Program or the State Public-Private Partnership Program, to further studies, markets analyzes or dissemination of it institutionally. Such disclosure may be made in any media with no previously secrecy period established through photographic records, films, digital media, or any other basis.

3. ENTRY REQUIREMENTS

To use the service the USER must access the DIGITAL PLATAFORM OF PARTNERSHIPS on the website: http://www.parcerias.sp.gov.br . Before creating a proposal, the USER must carefully read the ”Terms and Conditions” and, if in accordance, click the "I have read and accept" button.

To submit a proposal, the USER must fulfill all data solicited and inform a valid e-mail of your choice.

The State of São Paulo disclaims of any liability for damages and / or losses of any nature that may result from any viruses, malware or other harmful elements in the content transmitted, disseminated, stored, received, obtained, made available or accessible through the use of the services thus may alter and / or damage the physical and / or virtual system of the USER equipment.

4. RULES OF USER CONDUCT

The USER agrees to use the DIGITAL PLATFORM OF PARTNERSHIPS in accordance with current legislation and with the conditions of this term, and follow any specific rules for the use of the service to be established by the State of São Paulo. The user must also respect public order.

The USER guarantees that the data provided to the DIGITAL PLATFORM OF PARTNERSHIPS are true, the USER EXPRESSLY authorizes the State of São Paulo to store, use, process, deliver, transmit, send, forward, in whole or in part, the registered information by USER, with the specific purpose of continuing the partnership proposition procedures on projects.

The USER MAY ONLY USE THE DIGITAL PLATFORM OF PARTNERSHIPS free-services, owned by the Secretariat of Government, for the good use of the program itself, being EXPRESSLY PROHIBITED the usage for any other activities or purposes, along with:

a) breach, using the system, any legislation or regulations;

b) create a false identity or insert any false information in the DIGITAL PLATFORM OF PARTNERSHIPS;

c) use the information available in the system to create any sort of parallel registration, mailing or similar system;

d) violating, through use of the system, any code of conduct or other guidelines that may be applicable for any particular Communication Service;

e) restrict or inhibit any other USER from using the services provided herein;

f) modify other people's information or impersonate another USER;

g) intermediation of workforce to third parties;

h) interfere with the full operation of the system or in any way using the same to commit unlawful acts.

In the event of misuse or inappropriate use of the free service, Secretariat of Government may, at any time and regardless of prior notice, cancel the USER access to the system, and the perpetrator will answer for the improper use of the DIGITAL PLATFORM OF PARTNERSHIPS both in civil and criminal courthouses.

5. SECURITY AND PRIVACY POLICY

The Secretariat of Government reserves as its right to change this security policy to adapt it to legislative, jurisprudential changes, or administrative practices.

The personal information provided by the USER will be automatically processed, being incorporated to the corresponding electronic records of the DIGITAL PLATAFORM OF PARTNERSHIPS database.

The Secretariat of Government will not send to third parties any personally identifiable information of the USER, unless useful or necessary to achieve the partnership proposition purposes, or court order, request of the prosecution, police or other public body of supervision and control, or when their conduct violates laws, guidelines and standards imposed on the use of DIGITAL PLATFORM OF PARTNERSHIPS.

The USER acknowledges that the security protocols over Internet are violable, not fitting to the Secretariat of Government controlling this issue.

6. INTELLECTUAL PROPERTY RIGHTS

The USER acknowledges and agrees that the DIGITAL PLATAFORM OF PARTNERSHIPS, as well as the information, the databases and files in the website owned by the State of São Paulo, and/or those information that allow the USER to access personal and proposals data, configures as confidential and proprietary information of the State of São Paulo, and as they contain sensitive data and intellectual property, are protected by international laws of copyrights.

The USER expressly recognizes that every right to the DIGITAL PLATFORM PARTNERSHIPS, including associated intellectual property rights, shall remain property of the State of São Paulo. The USER agrees not to translate, decompile, copy, modify, reproduce, rent, publish, disclose, transmit, lend, distribute, remarket or otherwise dispose of the system or any part of it. In addition, the USER agrees not to remove, conceal or alter any patent notification, copyright or other right towards the system and not to remove or circumvent any lock or security mechanism to restrict access and / or use of reserved material.

7. DISCLAIMER

The DIGITAL PLATFORM OF PARTNERSHIPS is intended for personal use of the USER expressly for non-commercial purposes only. The State of São Paulo disclaims any and all liability for damages, including lost profits of any nature that may result from the commercial use of the system or for other purposes unrelated to the original by the USER himself or others.

The Secretariat of Government and all its agencies involved disclaims any responsibility for the data provided by the USER, all information inserted by the USER into the DIGITAL PLATAFORM OF PARTNERSHIPS is at its own risk.

The State of São Paulo disclaims any responsibility for errors found in any of the registration items of a proposal, either in the tool, or data provided by USER. The submission of partial or full proposals to the DIGITAL PLATFORM OF PARTNERSHIPS is not a sufficient condition for a specific proposal to be contracted.

8. GENERAL RULES

The USER may not transfer its rights or trust on this term to someone, being void any attempt in this direction.

If by any chance, the USER finds itself being charged for the usage or services in the DIGITAL PLATAFORM OF PARTNERSHIPS, by agents of the Secretariat of Government, or any other player directly involved or not, the user must immediately report the UPPP so that all necessary steps are taken to investigate the facts and punish those responsible.

If it is determined that one or more stipulations of this term to be invalid, illegal or cannot be performed, the validity, legality and enforceability of any remaining provisions will not be affected or prevented for this reason.

This Term constitutes agreement between the USER and the Secretariat of Government regarding the services provided by the DIGITAL PLATFORM OF PARTNERSHIPS, and replaces any communication or previous or current proposal, either through electronic, oral or written, between the USER and the Secretariat Government, with regard to the object of this term.

ANY BREACH OF THE CONTENT OF THIS TERM BY THE USER ENTAILS CIVIL AND CRIMINAL SANCTIONS AS REASONABLE.