Terms of Use
Terms and Conditions of Use
By accessing the Website or using any Services and Products provided by SMBCB, the User expressly accepts and agrees, fully and unconditionally, to the provisions of these Terms and Conditions of Use. Therefore, the User must carefully read these Terms before using the Website and/or any Services and Products. If the User does not agree with these Terms, they must not access the Website or use any Services and Products of SMBCB.
These Terms and Conditions of Use are linked to SMBCB’s External Privacy Notice and Privacy Policy.
Purpose
The purpose of the Terms and Conditions of Use is to establish clear rules on how Users may interact with SMBCB’s website, as well as any Services and Products offered by SMBCB. This includes providing guidelines on responsibilities, rights, usage, practices, and contact.
I. Definitions
Banco Sumitomo Mitsui Brasileiro S.A. or “SMBCB”: financial institution registered with the Brazilian Corporate Taxpayer Registry (CNPJ) under No. 60.518.222/0001-22, with its headquarters located at Avenida Paulista, 37, 11th and 12th floors, Bela Vista, in the Municipality and State of São Paulo, Zip Code 01311-902.
Information: information, texts, data, images, photographs, videos, sounds, illustrations, name, logos, brands, links and various information about SMBCB, its practices and general information related to its products, services and/or publication of information arising from legal and/or regulatory obligation on the Website.
Link: terminology used for Internet address.
Services and Products: are those offered by SMBCB and made available on the Website, through the following Link: SMBC Brasil (https://www.smbcgroup.com.br/servicos-produtos) and any other product and/or service that may be made available by SMBCB to its customers and Users.
User(s): all persons who in any way may interact, access, or use the Website or the Services and Products of SMBCB, whether they are (i) individual persons, who have civil capacity or (ii) individual persons who do not have civil capacity, in which case they will be considered as represented or authorized to access and use the Website by their legal representative; and/or (iii) legal entities, through their representatives.
Website: it is the electronic address of SMBCB: https://www.smbcgroup.com.br.
II. Website, Services and Products
Purpose of the Website
The Website is intended for the dissemination of information, through publications made available to customers, potential customers and Users in general, regarding content related to SMBCB. Any Information related to pricing is for indicative purposes only.
Website Information
The Information does not constitute any legal recommendation, whether accounting, commercial, financial or tax, nor are they proposals or recommendations to buy or sell any financial instruments, carry out any transaction, adopt any hedging, trading or investment strategy, or formalize any legal act (regardless of its nature).
The Information may be based on information made available by third parties, including public sources. Thus, SMBCB does not guarantee or assume any responsibility for the reliability, accuracy, validity, timeliness, usefulness, completeness, pertinence, timeliness or comprehensiveness of the Information, but makes every effort to ensure that it is accurate and up to date.
Electronic Communications to SMBCB
SMBCB does not guarantee that electronic communications (via e-mail or other means) forwarded to any SMBCB institutional e-mail, whether disclosed on the Website, will in fact be received.
Responsibilities
The User is solely responsible:
- For all actions or omissions carried out on the Website, Services, and Products, as well as for the consequences of such actions/omissions.
- For the content transmitted and/or submitted through the Website, Services, and Products.
- For compensating any damages caused to SMBCB, third parties, or other Users resulting from their access to and use of the Website, Services, and Products.
ACCORDINGLY, SMBCB EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING FROM THE USE OF THE WEBSITE, ITS CONTENT, AND/OR THE INFORMATION BY USERS, AS WELL AS FOR ANY FAILURE IN THE RECEIPT OF ELECTRONIC COMMUNICATIONS ATTEMPTED BY THE USER TO SMBCB. SMBCB SHALL ALSO NOT BE HELD LIABLE FOR ANY UNAVAILABILITY OF TECHNICAL FAILURES OF THE WEBSITE'S SYSTEMS, SERVICES, OR PRODUCTS. FURTHERMORE, CONTENT SUBMITTED AND/OR TRANSMITTED BY USERS AND/OR THIRD PARTIES DOES NOT REPRESENT THE OPINION OR VIEWS OF SMBCB.
Updating and/or Suspending Access to the Website, Services and Products
The Information, as well as access to the Website, Services, and Products, may be subject to changes, updates, interruptions, or cancellations at any time and at the sole discretion of SMBCB, without prior or subsequent notice to Users.
By continuing to access the Website, Services, and Products after such changes or updates, the User agrees to and accepts those changes and/or updates as well.
How the information, Website, Services, and Products Must Not Be Used by Users.
The practices listed below are in violation of these Terms and Conditions of Use and may subject the User to civil, administrative, and criminal liability:
- Engaging in any unlawful act, violating the rights of SMBCB or third parties, or breaching applicable laws and regulations.
- Uploading, sending or transmitting any content that is erotic, pornographic, obscene, slanderous, defamatory, violent (physically or morally), that promotes or engages in crime, drug use, alcohol consumption, or tobacco products, as well as content that incites or promotes hatred, illegal activities, prejudice, or any other form of discrimination for any reason.
- Using any automated system/application to perform mass queries, access; or any other bulk operation for any purpose without prior authorization from SMBCB.
- Engaging in acts that harm the Website, Services, Products, or the equipment of SMBCB, other Users, or third parties, including through the dissemination of viruses, trojans, malware, worms, bots, backdoors, spyware, rootkits, or any other means with similar intent.
Intellectual Property
The following items are the property of SMBCB, are legally protected under applicable law, and may only be used with SMBCB’s prior and express authorization:
- All software, applications, or functionalities created, developed, or contracted by SMBCB for the Website, Services, and Products, including their visual identity and content.
- Company names, trademarks, patents, domain names, slogans, advertisements, or any other distinctive signs belonging to SMBCB that appear on the Website and within the Services and Products.
Access to Restricted Content
The Website contains both open-access and restricted-access content areas (for example, access to “E-Moneyger”). To access restricted content, the User must log in using the password previously registered with SMBCB.
Links to Third-Party Websites
The Website may contain links to third-party websites and applications. Please note that when accessing such websites and applications, you will be subject to their own terms of use. Our Terms and Conditions of Use do not apply to third-party websites and applications. The existence of such links does not imply any endorsement or sponsorship relationship between SMBCB and such third parties, and SMBCB assumes no responsibility in relation to them.
III. Independent Provisions
If any provision of these Terms and Conditions of Use is held by any court or competent authority to be invalid, illegal, or unenforceable in any jurisdiction, that provision shall be deemed as eliminated from these Terms and Conditions of Use and such fact shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms and Conditions of Use in that jurisdiction nor shall it affect the validity, legality and enforceability of these Terms and conditions of Use in another jurisdiction.
IV. Governing Law and Jurisdiction
These Terms and Conditions of Use are governed by and construed in accordance with the laws of the Federative Republic of Brazil, in its Portuguese version as available at this Website. In the event of conflict between the Portuguese and English versions hereof, the Portuguese version shall prevail. Any disputes or controversies arising out of or in connection with these Terms and Conditions of Use shall be decided in the courts of São Paulo, State of São Paulo.