These General Terms and Conditions (“Terms”) apply to the use of goods and services offered by BLW SOCIAL PTE. LTD., a company duly registered under number UEN 201926243D, owner of the apps (software) and products offered by BLW SOCIAL PTE. LTD., whose services shall comply with the provisions of these Terms, by an INDIVIDUAL, of age and capable, who has electronically "accepted" these Terms and all their clauses when downloading BLW MEALS App, hereinafter called USER.
Services provided by BLW SOCIAL PTE. LTD. apps, portals and products shall be governed by the clauses and conditions herein below.
When electronically accepting these Terms, by clicking the button with text saying “I accept the Terms of Use” or similar on the page for downloading the apps, contents, products and services from BLW SOCIAL PTE. LTD., or on another linked page, the USER shall automatically accept and agree to be fully subject to the applicable terms, conditions and further amendments, besides accepting the provisions of BLW MEALS APP policies.
These Terms are valid for any information, texts, images or other materials to be uploaded, downloaded or linked to the USER who has used BLW Meals App or who has had access to them by any BLW SOCIAL PTE. LTD. channel.
1.1 In order to accurately understand and construe the rights and obligations set forth herein, the following definitions shall be adopted:
a. BLW MEALS APP: BLW SOCIAL PTE. LTD.’s online platform, either mobile or web, focusing on aiding parents and guardians introducing solid food into the diet of babies from six (6) months old. The app has visual and practical content, besides presenting contents that add to USER’s knowledge, through options of healthy food recipes, menus made or revised by dieticians, access to enlightening articles and additional knowledge that may be shared by other USERS;
b. SUBSCRIPTION: a form to be mandatorily completed with USER’s personal information in order to have access to some of BLW MEALS APP’s contents;
c. LOGIN: name that USER shall use to have access to BLW MEALS APP and, when applicable, to USER’s SUBSCRIPTION;
d. MONTHLY PAYMENT: amount payable by PREMIUM USER who wishes to use the additional tools available on BLW MEALS APP, according to the plan chosen by USER when making the SUBSCRIPTION or thereafter, at USER’s discretion. Payment may be made on a monthly, bi-annually or annually basis;
e. PASSWORD: as BLW MEALS APP is totally integrated with online app stores, the password to be used by USER to have access to the tools of BLW MEALS APP and its SUBSCRIPTION shall be the same used to have access to USER’s personal page at theapp store of its choice. BLW SOCIAL PTE. LTD. points out that it won’t have access to such PASSWORD, so in case USER wishes to retrieve its access, USER must follow the procedures for password reset from the app store of choice; and
f. PREMIUM USER: USER who has made a SUBSCRIPTION to BLW MEALS APP.
2.1. The purpose of these Terms is to, through BLW SOCIAL PTE. LTD., make available an online platform with contents specialized in various subjects related to food introduction to babies up to two (2) years old, helping USER at the first stages of baby’s life. It also gives USER access to acquired knowledge, by, for example, providing USER with the chance to record its own experiences, accessible through USER’s LOGIN and PASSWORD only. BLW SOCIAL PTE. LTD. allows the exchange of information in order to give an overview to the community of parents, educators and caregivers.
2.1.1. In this sense, as the purpose of BLW SOCIAL PTE. LTD. is to provide USER with information on feeding babies during the food introduction process, in a quick manner and of easy access, including, for example, videos to make the practice of BLW method easier. BLW SOCIAL PTE. LTD. always suggests that USER makes sure of the accuracy of data shared, before any direct application of BLW method to the baby, based on USER’s own knowledge and baby’s doctors (mainly the pediatrician) trusted by USER. BLW MEALS APP’s content shouldn’t, under any circumstances, be used as a substitute for direct medical advice from USER’s doctor or any expert in pediatrics feeding. Likewise, USER is liable for any changes made to the procedures displayed on BLW MEALS APP, exempting BLW SOCIAL PTE. LTD. of any liability or damages due to lack of diligence as for the practical application of the content made available on BLW MEALS APP. Also in this sense, BLW SOCIAL PTE. LTD. is not liable and cannot be held liable in any circumstances for babies’ and/children’s health that might be affected as a result of any information got through BLW MEALS APP. Any decision made by such baby’s or child’s legal guardian or caregiver is of his/her entire responsibility.
2.1.2. In case USER checks that any information made available on BLW MEALS APP is not updated or is wrong on BLW MEALS APP’s database, USER must request BLW SOCIAL PTE. LTD. team to fix it through request to be sent to the email address blwsocial.app@gmail.com, which shall be analyzed within seventy two (72) hours from its receipt.
2.2. As the app may be used worldwide, USER states it is aware and agrees that irrespectively of the place from which USER is having access to the services, the relationship between USER and BLW SOCIAL PTE. LTD. shall always be subject to the laws of Singapure or any other international data protection laws.
2.3. As for the payment of SUBSCRIPTIONS or any other additional service, for which access and contracting has been made through BLW MEALS APP, BLW SOCIAL PTE. LTD. is merely an intermediary, as it uses the means of payment of online platforms (“Third Parties”) to carry out the transaction. In this case, BLW SOCIAL PTE. LTD. shall share information on business transactions with the Third Party and shall allow that USERS may enable, within the setting indicated for use of BLW MEALS APP, the Third Party to make debits and transfers of relevant funds. Therefore, BLW SOCIAL PTE. LTD. does not collect nor store any payment data provided by USER.
3.1. In order to use the tools made available by BLW MEALS APP, USER shall acess BLW MEALS APP through its profile from its social media platform of choice or through USER’s own BLW MEALS APP LOGIN and PASSWORD, which can be used to LOGIN to BLW MEALS APP. The use of BLW MEALS APP is free, with the exception of some tools made available only to USERS who have an active SUBSCRIPTION, for which is made a MONTHLY PAYMENT that transforms USERS into PREMIUM USERS. In order to become a PREMIUM USER, USER must inform all personal information required, becoming civilly and criminally liable for the veracity of information, including before third parties, and commit to keep all data updated. As BLW SOCIAL PTE. LTD. does not make an inquiry in depth about the veracity of information given by USER wishing to use the services made available on SUBSCRIPTION or to acquire any MONTHLY PAYMENT plan to have access to PREMIUM USER tools of BLW MEALS APP, excepting provisions of Clauses 3.2, 3.3 e 3.3.1, USER is aware that BLW MEALS APP services are merely informative and do not replace medical advice or other health workers’ counseling. In this sense, USER is aware and agrees that it is acquiring BLW MEALS APP by its own free will and at USER’s own risk. If USER is not a specialist in BLW method, it must consult a pediatritian, dietitian or a feeding specialist before starting any procedure suggested by BLW MEALS APP. Thus, USER is exclusively liable for the inappropriate use of services.
3.1.1. BLW MEALS APP is available to USER twenty-four (24) hours a day, seven (7) days a week, except for regular updating, which shall be previously notified through a notice on BLW MEALS APP social media.
3.1.2. Login and password which give user access to blw meals app are of personal and non-transferable use., and blw social pte. ltd. is not liable for any non-authorized handling of such information by third parties. therefore, user must take all actions needed to keep such information confidential.
3.1.3. USER undertakes the obligation to notify BLW SOCIAL PTE. LTD. immediately of any non-authorized use of its account, as well as of any non-authorized access by third parties to it. USER shall be exclusively liable for the operations made on its account, as the access to such shall only be possible upon insertion of PASSWORD, only known by USER.
3.1.4. Upon acquisition of tools not available for free on BLW MEALS APP, PREMIUM USER may use all tools and contents made available by BLW MEALS APP. In order to do so, however, USER must state that it has read, understood and accepted the applicable Terms.
3.2. BLW SOCIAL PTE. LTD. reserves the right to use all valid and available means to identify its USERS. Therefore, BLW SOCIAL PTE. LTD. May, at any time and at its sole discretion, request copies of USER’s documents, as to guarantee the veracity of details provided. upon such request, BLW SOCIAL PTE. LTD. may discontinue service provision to such USER until the submission of all documents requested, and is exempt from any ad all liability or refund to USER.
In case any data is checked by BLW SOCIAL PTE. LTD. and found inconsistent with the documents submitted, USER must make due corrections within two (2) business days. Otherwise, USER will have its access to BLW MEALS APP blocked until the situation is normalized. BLW SOCIAL PTE. LTD. may definitely block and/or cancel such access if it finds it necessary to the protection of its interests and its USERS’, without prejudice to any other actions it believes necessary and timely.
3.3. Information provided by USER is for the confidential and exclusive use by BLW SOCIAL PTE. LTD. and its partners, and shall only be provided in cases where required by law or when fraud is identified, for instance: misrepresentation on a public or private document (use of false names and documents), or incorrect use of services. In such cases, the defrauder’s information (name, address, IP etc.), may be provided to the impaired person and the authorities in question (including DERCIFE – Special Police Station for Criminal Repression against Information Technology and Electronic Frauds), provided that a court order has been issued, asking for such information through notice.
3.3.1. In this sense, and without prejudice to any other measures, BLW SOCIAL PTE. LTD. may warn, suspend, block or cancel, temporarily or on a final basis, the USER’s access, at any time, filing adequate lawsuits and/or suspending service provision if: a) USER does not comply with any provision hereof and/or other BLW SOCIAL PTE. LTD. policies; b) USER does not comply with its duties; c) USER makes deceitful or malicious actions; and/or d) USER’s identity cannot be checked or any information provided is incorrect.
3.4. USER states its awareness of the fact that it may only have one LOGIN under its ownership. BLW SOCIAL PTE. LTD., shall not, therefore, under any and all circumstances, accept more than one LOGIN and/or simultaneous LOGINS under the ownership of the same USER. Furthermore, a LOGIN cannot be assigned or transfered to any other person. For this reason, USER’S name, email address and other details may be requested by BLW SOCIAL PTE. LTD., at its sole discretion. If USER needs to update any information related to its subscription, USER shall simply update its LOGIN with the new details.
3.4.1. In case USER wants to change the mobile device used to access to BLW MEALS APP, it has to log out of its account on such device and make a new access, through LOGIN and PASSWORD, on other device of USER’s choice to have access to BLW MEALS APP.
3.5. BLW MEALS APP’s tools are available only for persons which have legal capacity to use it. Therefore, persons who do not have such capacity, including minors or persons who have not been enabled by BLW SOCIAL PTE. LTD., temporarily or on a final basis, because of any violation hereof, including for having various LOGINS, are hereby warned of the legal sanctions set forth in the laws of Singapure.
3.5.1. Information about minors must not be submitted to BLW MEALS APP without the prior written consent of their parents or persons in charge. The navigaton of minors on BLW MEALS APP is also forbidden without such consent. Upon the acceptance hereof, it is understood that such consent has been given by the parents or persons in charge, and they are exclusively responsible for the content shared with information about minors and/or visited by them.
3.6. The nickname USER uses on BLW MEALS APP as LOGIN must not have any resemblance with the name “BLW SOCIAL PTE. LTD.” or “BLW”, nor can it imply or suggest that the details shared and inserted by USER belong to BLW SOCIAL PTE. LTD. Nicknames judged offensive, as well as those including USER’s personal details or any URL or mail address, shall be eliminated. BLW SOCIAL PTE. LTD. reserves the right to block and/or cancel a previously accepted LOGIN, in case it does not comply with policies and rules hereof.
3.7. USER shall be liable for the use of services provided hereby, provided that all applicable international, national, state or local laws and decrees and safety and privacy rules and Policies published or disclosed by BLW SOCIAL PTE. LTD. and its business partners, included on BLW MEALS APP or their respective websites, are complied with.
3.8. BLW SOCIAL PTE. LTD. shall not be liable for errors, interruptions, malfunctions, delays or other imperfections that might appear in computer services. BLW SOCIAL PTE. LTD. does not guarantee in any way the provision of services without interruptions and/or errors.
3.9. USER shall be fully liable for checking if its equipment settings comply with minimum security requirements, such as constantly updates antivirus software, needed for the enjoyment of services offered by BLW MEALS APP. BLW MEALS APP is free and exempt from any liability arising from the non-compliance with the provisions hereof.
4.1. By reason of the use of some BLW MEALS APP tools as a PREMIUM USER, USER shall make a monthly, 6-months or annual payment to BLW SOCIAL PTE. LTD., in advance, through Google Play and/or Apple Store, as applicable, or any other online method of payment made available to USER by BLW SOCIAL PTE. LTD., in the amount set forth in BLW MEALS APP.
4.1.1. As soon as a MONTHLY PAYMENT plan is acquired, the due date shall be on the anniversary of date of contracting, which occurs upon the SUBSCRIPTION. At the end of cycle of the first monthly payment, without any further notice, USER authorizes the automatic extension of its SUBSCRIPTION, when accepting these Terms.
4.1.2. For PREMIUM USERS who have contracted a plan with a promotional annual discounts, whenever applicable, on the first anniversary of date of contracting, MONTHLY PAYMENT amounts shall be automatically adjusted to the current amounts applicable to PREMIUM USERS, as the discout is valid for twelve (12) months from the date of contracting only, even if PREMIUM USER makes the payment in advance, again on an annually basis. In case PREMIUM USER does not want to make an automatic extension, it shall comply with the procedures set forth in Clause 4.1.3 herein below. If such cancelation is not made as set forth herein, it shall be assumed that USER has agreed with the automatic extension of the MONTHLY PAYMENT amounts to currents amounts, whether payment is annually, samiannually or monthly made.
4.1.3. If USER does not choose to automatically extend subscription, it shall cancel it directly to Play Store or Apple Store, as applicable, and no MONTHLY PAYMENT made shall be refunded. Access to USER’s SUBSCRIPTION shall be blocked on the date of next extension, if cancelled.
4.1.4. If USER chooses the annual payment with the purpose of enjoying a discount on MONTHLY PAYMENTS, in case of cancellation before the SUBSCRIPTION anniversary, i.e., before the 12-month period, amounts paid shall not be refunded, even proportionally.
4.2. Upon cancellation of SUBSCRIPTION, USER shall have a 30-day period from the last day of access to BLW MEALS APP to export its data. After this period, BLW SOCIAL PTE. LTD. shall not guarantee the availability of USER’s data anymore. USER is aware that it is exclusively liable for keeping a physical backup of such files within periods provided by law, irrespectively of services and/or products provided by BLW MEALS APP.
4.3. New SUBSCRIPTIONS shall always be contracted for the amounts set forth on BLW MEALS APP.
4.4. If BLW SOCIAL PTE. LTD. does not receive the MONTHLY PAYMENT, USER’s SUBSCRIPTION shall automatically be blocked. BLW SOCIAL PTE. LTD. may choose to suspend access to USER’s SUBSCRIPTION until USER settles unpaid amounts. BLW SOCIAL PTE. LTD. reserves the right to take applicable court and out-of-court actions to collect the amounts due and payable.
4.4.1. Without prejudice to the paragraph above, BLW SOCIAL PTE. LTD. shall deem these Terms as terminated and shall block the access to USER’s SUBSCRIPTION and to BLW MEALS APP in case USER remains in default for more than three (3) calendar days.
4.5. If USER does not cancel its SUBSCRIPTION, MONTHLY PAYMENT shall be deemed as due and payable, always on the anniversary date of contracting, even if SUBSCRIPTION is blocked for default in payment.
4.6. In case new taxes are introduced or the conditions of computation and/or collection of current taxes that impact current fee amounts are changed, the costs arising from such impact may be passed on to USER and added to current fees, in order to restore the economic/financial balance of service provision.
4.7. If it is available, after choosing the plan of payment for access to PREMIUM USER’s tools on BLW MEALS APP, BLW SOCIAL PTE. LTD. may forward USER to a Third-party’s Website, a BLW SOCIAL PTE. LTD.’s partner, in order for USER to register with above mentioned Website, if it hasn’t done so yet, and make the MONTHLY PAYMENT according to the plan chosen. If BLW MEALS APP is totally integrated into a digital method of payment, USER shall make MONTHLY PAYMENT according to the plan chosen, directly in BLW MEALS APP. Upon confirmation of payment, the access to PREMIUM USER’s tools on BLW MEALS APP shall be processed within seventy-two (72) hours.
4.8. BLW SOCIAL PTE. LTD., in order to abide by the applicable consumer protection laws relating to the right to repentance of goods and services acquired by USERS, grants a 7-day period of testing of all PREMIUM USER’s tools available on BLW MEALS APP, counted from the date of SUBSCRIPTION (“Period of Testing”). Any data inserted by USER on BLW MEALS APP and any customization made during the period of testing shall be permanently lost unless:
(i) USER acquires a plan, inserts its credit card details and makes a MONTHLY PAYMENT, in order to have access to the tools of its interest; or (ii) USER exports the details before termination of Period of Testing. Within thirty (30) calendar days from the end of Period of Testing, all of USER’s details which are part of its SUBSCRIPTION shall be excluded, irrespectively of previous export, and USER is exclusively liable for keeping a physical backup of such files during the term required by law.
4.8.1. In case during the Period of Testing, or even soon after it ends, USER contracts one of the plans available and makes the MONTHLY PAYMENT, it shall be understood that USER has implicitly renounced to its right to repentance and to any past or current rights referred hereto, relating to facts, obligations and liabilities directly or indirectly related to the Period of Testing of BLW MEALS APP. Thereinafter, USER may not claim anything to BLW SOCIAL PTE. LTD., under any title, in court or out of court, at any time.
5.1. At any time, BLW SOCIAL PTE. LTD. may change the conditions of these Terms, aiming at enhancing and improving services provided by BLW MEALS APP. The new conditions shall be effective within ten (10) calendar days from their disclosure on the Website or directly on BLW MEALS APP. Therefore, in case USER does not agree to the changes, it shall report its disagreement within five (5) calendar days from the disclosure by email (blwsocial.app@gmail.com) and request the cancellation of above mentioned LOGIN, including in such report USER’s information. In this case, the contract relationship shall no longer exist. Nevertheless, if there is no manifestation within the term set forth herein above, it is understood that USER has accepted the new conditions of these Terms and that they shall keep binding the parties hereto.
6.1. Services available on BLW MEALS APP shall be used to help USER to start solids with babies from six (6) months old, aiding USER to make the best decisions regarding procedures to be adopted and regarding care offered, all of which can be accessed through USER’s LOGIN and PASSWORD on BLW MEALS APP. Nevertheless, it is expressly forbidden by these Terms, by other BLW SOCIAL PTE. LTD. policies and/or by the laws in force the insertion of any information by USER on BLW MEALS APP, including certain details, images and/or captions that incites: (i) any unlawful activities or activities exclusive to the medical community and other health professionals; (ii) stolen, robbed or taken-away properties, derived from any unlawful activity, such as smuggling, falsifications or adulterations; (iii) cigarettes and other tobacco products and/or that incite smoking habits; (iv) endangered animals of any species; (v) content related to prostitution or similar, and any information about pornographic, obscene and erotic products; (vi) content promoting violence and/or discrimination, based on race, sex, religion, nationality, sexual orientation and/or of any other kind; (vii) content and files containing viruses, software or codes that may damage data, information or the operation of other computers; (viii) contents that forge, omit or simulate IP, net or email addresses, attempting to conceal the identity and/or authorship of lawbreakers; and (ix) activities violating intellectual property laws, such as non-authorized copies, use of images or texts without the writer’s authorization, either trademarks, replicas and/or falsifications.
6.1.1. In this sense, USER is exclusively liable for watching over the legality of its activities, practices and notes. BLW SOCIAL PTE. LTD. takes no responsibility for the existence of USERS on BLW MEALS APP., and BLW SOCIAL PTE. LTD. may suspend, block or cancel LOGIN of USERS who do not comply with the restrictions included herein, without prejudice to legal actions that may be taken due to the configuration of offences or misdemeanors arising from the activities carried out.
6.2. In case BLW SOCIAL PTE. LTD. identifies or suspects that any USER is violating any specific condition hereof or that is practicing activity(ies) that might be considered as unlawful, besides the protective measures listed herein, such as cancelation or suspension of such LOGIN, details of the lawbreaker USER shall be forwarded to relevant authorities, in order for those to take applicable judicial measures.
7.1. The platform providing services to BLW MEALS APP uses a cookies app and similar tools (data in the computer, tablets, cell phone(s) or any other USER’s mobile devices) to allow the correct identification, as well as to improve the quality of information offered in BLW MEALS APP to USERS. The regular use of cookies and other tools is an acceptable practice in the industry, as it allows storing important information, such as USER’s accesses to the system of the platform providing the services of BLW MEALS APP, in order to not show repeated or outdated content. If USER do not want to receive cookies or allow access of BLW MEALS APP to files, photos and other data from USER mobile, or it wishes to notify prior to use, USER must set, at its own discretion, its authorizations on BLW MEALS APP and/or on its Wb browser, in case the browser has such resource available.
7.2. Besides the personal information provided, BLW MEALS APP has the technological capacity for collecting other technical data, such as USER internet protocol address, the operational system of USER’s cell phone, the type of browser and reference website addresses, besides other information relevant to the operation of services. However, BLW MEALS APP shall always collect such information while respecting USER’s privacy and individuality, under the terms and restrictions included in the Brazilian Internet Civil Landmark (Marco Civil da Internet) and the General Data Protection Law (Lei Geral de Proteção de Dados Pessoais).
7.3. As mentioned herein above, BLW MEALS APP shall not provide USERS’ information to third parties without prior consent, except for the cases where BLW SOCIAL PTE. LTD. is authorized to share it hereunder or when it is necessary to respond to the requirements or questioning of government entities or when BLW SOCIAL PTE. LTD. Understands, in good faith, that its disclosure is necessary, provided that it is required by a court order and with the intention to respond to claims that the content made available by BLW MEALS APP violates third party rights, that is, cases in which such disclosure is necessary for the protection of rights, properties and/or security of the above mentioned service provision platform of BLW SOCIAL PTE. LTD., of its USERS and/or the public in general.
7.4. BLW SOCIAL PTE. LTD. may, at its own discretion, use the information stored in its data bases, as mentioned herein above, for a reasonable period, without exceeding legal requirements and limitations, in order to solve any disputes, settle any controversies and safeguard BLW SOCIAL PTE. LTD. rights, as well as the terms and conditions included in the Privacy Policy.
7.5. BLW SOCIAL PTE. LTD. shall also, at its own discretion, examine the information stored in its databases aiming to identify USERS with multiple identities or pseudonyms, for legal or security purposes. Likewise, if BLW SOCIAL PTE. LTD. is compelled by law, court order or other legal process to disclose any USER’s personal information, it shall not hesitate to cooperate with such agents. Therefore, USER hereby authorizes BLW SOCIAL PTE. LTD. to disclose such personal information in order to achieve such above mentioned purposes.
7.6. Information made available by USER and registered due to the use of the system (with exception being made to the content of personal messages) shall serve as input for the mapping of market information and collection of statistics for BLW SOCIAL PTE. LTD. Through registration, use and provision of information to BLW MEALS APP, USER shall willfully accept these Terms and the conditions set forth in the Privacy Policy about the use of its information.
7.7. Information made available by USER that makes USER personally identifiable has as its only purpose to make USERS of BLW MEALS APP deal better with tools available. Additional information gathered by BLW MEALS APP through the analysis of navigation of each USER and that does not make such USER personally identifiable (as the pattern of navigation, for instance) shall be used by BLW SOCIAL PTE. LTD. as it thinks fit to improve its services, in its best interest. Furthermore, information provided is used for: (i) managing USERS’ accounts in order to growingly customize the services available on BLW MEALS APP; and (ii) disclosing novelties and updates. It is highlighted that BLW MEALS APP may occasionally retransmit messages for partners, through opt-in technology. Nevertheless, BLW SOCIAL PTE. LTD. is not liable for keeping and retaining USERS’ personal data when accessing such third-party links, and USER is solely liable for checking the applicable privacy policy.
7.8. USER who does not agree herewith and proceeds to the cancelation of its access shall remove its data for future references, but BLW SOCIAL PTE. LTD. shall still keep some information solely for complying with legal requirements to which it is submitted, and shall only disclose such information under court order.
7.8.1. In this sense, USER may cancel its LOGIN on BLW MEALS APP through the settings panel or upon a written request to BLW MEALS APP managers, sent to the e-mail address blwsocial.app@gmail.com. In case of acquisition of SUBSCRIPTION to BLW MEALS APP through Play Store or Apple Store, the cancelation may only be made if USER cancels it on the same platform where USER has acquired it, by virtue of the platform’s rules. In such case, the cancelation option through the BLW MEALS APP or e-mail is not possible.
7.9. The use of any device or other resource that might interfere with the activities and operations of the tools and the BLW MEALS APP, as well as with the accounts or its databases, is forbidden. Any intrusion, attempt or activity violating or contradicting the intellectual property laws and/or prohibitions set forth herein, including making non-authorized copies, reverse engineering and/or alterations that might create derivative works, shall make the responsible person liable for relevant legal actions, as well as to the sanctions set forth herein and for compensations due to eventual damages caused.
7.10. In case of doubt concerning personal data protection or to get more information on personal data and exceptional cases when secrecy mentioned in this clause can be broken, please refer to the section “Get in Contact” on BLW MEALS APP.
8.1. USER may navigate within BLW MEALS APP free of charge, except for the use of PREMIUM USER tools, which may be accessed only upon making a MONTHLY PAYMENT. BLW SOCIAL PTE. LTD. does not establish any relation or responsibility as for the data inserted by its USERS in BLW MEALS APP, as it operates only as a content organization instrument. Nevertheless, BLW SOCIAL PTE. LTD. keeps a strict control of data inserted by its USERS, making regular assessments and excluding from its base the records of any USERS that might use BLW MEALS APP for unlawful activities, as shown in sub-clause 5.1 herein above. In this sense, USERS who do not engage in the ethic and good-faith conduct established by BLW SOCIAL PTE. LTD., whose main concern is to provide a free and safe environment for the exchange of information among its USERS and full satisfaction of USER with BLW MEALS APP services, may be excluded from the platform.
8.2. BLW SOCIAL PTE. LTD. is not liable for the existence or legitimacy of data recorded by USERS in its various tools, as well as for USERS’ contracting capacity or for the veracity of personal details contained in its LOGIN. USER understands and agrees that data inserted are done so at its own risk.
8.3. BLW SOCIAL PTE. LTD. is not liable for any damage or loss of USER’s equipment caused by failures of internet, system or provider used by USER, whether arising from third party conduct, act of God or force majeure. BLW SOCIAL PTE. LTD. is also not liable for any virus that may attack USER’s equipment due to the access to BLW MEALS APP, its use or internet navigation or as a result of data, file, image or text transfer. USERS may not impute to BLW SOCIAL PTE. LTD. any liability or request any payment for loss of profit by virtue of the losses resulting from technical troubles or system or internet failure. Occasionally, the system may not be available due to technical reasons or internet failure, or because of any other act of God or force majeure beyond BLW SOCIAL PTE. LTD.’s control. Therefore, BLW SOCIAL PTE. LTD. stresses the instruction that USER has to keep antivirus software updated for the access to BLW MEALS APP and its services.
8.4. As BLW SOCIAL PTE. LTD. is merely a tool for the organization and reading of contents on child feeding and food introduction, the liabilities for all obligations falling on USER’s activities, whether civil, tax, labor, consumption or of any other nature, shall be of USER’s exclusive responsibility. In case of court notification having BLW SOCIAL PTE. LTD. as respondent, which facts are grounded on the actions taken by USER, USER shall be included in the lawsuit, and shall have to bear all costs arising therefrom, under the applicable laws, and in case of Brazil, under the Civil Procedure Code.
8.5. These Terms of Use do not lead to any contract of companies, agency, franchise or labor relationship between BLW SOCIAL PTE. LTD. and USER.
9.1. These Terms have an indeterminate duration and they are in force from the date of electronic acceptance when downloading BLW MEALS APP.
9.2. These Terms may be lawfully terminated irrespectively of any court or out-of-court notice or service, in the following cases: (a) default of any MONTHLY PAYMENT, when access to BLW MEALS APP are available for USERS having made a SUBSCRIPTION shall be automatically suspended; (b) violation of any provisions herein by either party jeopardizing the continuance of its object; (c) if USER jeopardizes BLW SOCIAL PTE. LTD.’s public image in any way and/or of any company associated to it for service provision; and/or (d) if USER takes actions that violate the law, the public order, moral values and customs or these Terms and Security and Privacy Policies.
10.1. The commercial use of the expression "BLW SOCIAL PTE. LTD." or “BLW” as a trademark, company name or domain name, as well as contents of screens relating to BLW MEALS APP services available, as well as software, data bases, networks and files allowing USER to have access and use its account is prohibited, as they are owned by BLW SOCIAL PTE. LTD. and are protected by trademark, models, industrial design and copyright international laws and treaties. The improper use and/or total or partial reproduction of contents referred to is prohibited in any case, except when expressly authorized by BLW SOCIAL PTE. LTD.
10.2. BLW MEALS APP may occasionally use links to other websites, and it doesn’t mean that those websites are owned or operated by BLW SOCIAL PTE. LTD. As BLW SOCIAL PTE. LTD. does not have control on such websites, and it shall be not responsible for the contents, practices and services offered by them. The existence of such links to other websites does not imply a business, supervision, complicity, or solidarity relationship of BLW SOCIAL PTE. LTD. with such websites and/or their contents.
11.1. USER shall pay damages to BLW SOCIAL PTE. LTD., its affiliates, controlled or parent companies, directors, managers, collaborators, representatives, providers and employees for any demand made by third parties arising from activities on BLW MEALS APP or the violation hereof and other BLW SOCIAL PTE. LTD.’s policies, or violation of any law or third party rights, including attorney fees.
12.1. USER expressly accepts that BLW SOCIAL PTE. LTD. and/or any of its partners send its USERS e-mail messages as to give information referring to specific communications pertaining to the services provided hereunder, as well as of commercial nature, including, but not limited to, offers from BLW SOCIAL PTE. LTD. partners and news on BLW MEALS APP.
12.2. In order to keep and comply with the last market and technological development requirements, BLW SOCIAL PTE. LTD. may change, either in form or in content, suspend, block and/or cancel, at its sole discretion, at any time, any services, products, utilities or applications, made available by it or by third parties, giving prior notice to USER, including relating to services available on BLW MEALS APP provided hereunder.
12.3. Tolerance of BLW SOCIAL PTE. LTD. to USER as for non-compliance with obligations now assumed shall not be considered as a novation or waiver of any right, being a simple largesse, which shall not prevent BLW SOCIAL PTE. LTD. to further demand the faithful compliance with the conditions set forth herein, at any time.
12.4. USER shall not give its LOGIN information to third parties or other USERS. On the other hand, BLW SOCIAL PTE. LTD. may assign, irrespectively of notice or notification, the services provided by BLW MEALS APP, totally or partially, to partner companies or companies belonging to its economic group, at any time.
12.5. Upon acceptance hereof, USER expressly authorizes the use for free of its image, voice, name and/or any of its postings, including concerning minors (considering USER as legal guardian and able to grant such authorization of the minor’s image), in public places of BLW MEALS APP and all pieces and types of BLW SOCIAL PTE. LTD. advertising campaigns.
12.6. USER expressly states and agrees that: a) is above eighteen (18) years of age and/or has legal capacity or authorization to contract BLW MEALS APP services; b) will install and keep updated antispyware and antivirus software and other software that avoids the violation of the system used to have access to BLW MEALS APP services; c) will not use the services object hereof to do any unlawful transactions; d) will keep the PASSWORD of its registered account confidential, and will not inform it to third parties; e) will immediately notify BLW SOCIAL PTE. LTD. if it becomes aware of any security violation related to services made available on BLW MEALS APP or non-authorized use of his/her USER name and PASSWORD; f) will hold only one LOGIN, and will not assign it to third parties, otherwise USER will be suspended and/or have its access cancelled on BLW MEALS APP; g) will have financial means to bear the costs, payments and expenses arising here from, as for tools accessible to PREMIUM USERS only; h) will acknowledge that these Terms are formalized, binding the parties, upon electronic acceptance by USER, to be done by checking the box with text saying “I accept the terms of use” or similar; and i) has read and is aware and agrees with all terms and conditions hereof, reason why USER accepts it of its own free will.
12.7. Therefore, in view of the clauses hereof, USER shall fully agree with the provisions herein, and commits to irreversibly and irrevocably respect the conditions set forth herein, as well as to use the services offered in a useful and legal way.
12.8. Applicable Laws. All provisions herein are governed by the laws of the Federative Republic of Brazil.
12.9. Online Arbitration. BLW MEALS APP and its USERS hereby resolve that any disputes arising from these Terms and from the other documents referring to it, which are not amicably solved by them, shall be solved by online arbitration procedure, under the Arbitration Law, to be carried out and managed by ARBITRANET, under the procedural rules in force by the time of arbitration. To the fullest extent permitted by law, the Parties shall renounce to the right to file any resources against the arbitral decisions, including but not limited to an arbitration award, as well as to plead to any exceptions against its execution.
12.9.1. Execution of Arbitration Report. The execution of the arbitration report may be pleaded at any court having jurisdiction to do so, and the arbitration award shall be issued within the Brazilian territory and shall be final, binding BLW MEALS APP, the USERS and their successors, at any title.
12.9.2. Other Remedies. For the purpose of coercive measures or action for provisional remedy, of a preventive, provisional or permanent nature, BLW MEALS APP and USERS shall choose the jurisdiction of the City of Rio de Janeiro, State of Rio de Janeiro, Brazil, to the exclusion of any other no matter how privileged it might be.