Through this agreement, on the one hand, a natural person qualified in the registration system promoted and made available by WECANN at https://wecann.academy/, hereinafter referred to as “STUDENT”; and, on the other hand, Wecann Endocannabinoid Global Academy Ltda, a private legal entity registered with CNPJ number 39.405.784 / 0001-73, located in Florianópolis / SC, hereinafter referred to only as “WECANN“, or, together with the STUDENT, referred to as “Parties” and generically and individually just “Party”;
CONSIDERING THAT:
(i) WECANN is a global educational institution focused on Endocannabinoid Medicine aiming to build a community of specialists as well as several learning experiences, which will allow new possibilities in medical practice;
(ii) WECANN does not have any relation with the pharmaceutical industry and one of its main objectives is the generation of relevant content for healthcare professionals, to be produced by doctors and specialists, without interference or commercial influence from producers and suppliers of products and medicines;
The Parties decide, by mutual agreement, to sign this TERM OF EDUCATIONAL SERVICES PROVISION (the “Term”), under the clauses and conditions set out below:
CLAUSE ONE – OBJECT OF THE TERM:
1.1. The object of this Term is the provision of educational services by WECANN to the STUDENT to carry out the Course chosen by him.
1.2. The Course will be chosen by the STUDENT on the website ,subdomains or in other domains indicated by WECANN (https://wecann.academy/) (the “Website”) and its information will be made available there, and/or presented in lives.
1.2.1 The Course will be offered through didactic material (e-book) and support classes, may be carried out remotely by activities developed in the virtual environment of the internet, in the format of recorded online and/or live classes, masterclasses, podcasts, articles, etc., depending on the information contained in this instrument and in the Terms of Use, both made available to the STUDENT. All educational material offered to the STUDENT must be accessed through WeCann’s platform, being at its sole and exclusive discretion to make available the possibility of downloading some materials, without it being part of the deliverables (contracted scope).
1.2.1.1 In case of any disclosure of bonuses on the Site by WECANN, in offers made in lives or, furthermore, in any other means, it is hereby expressly agreed between the Parties that such and eventual bonuses will not be part of the deliverables of this instrument and, consequently, it does not constitute an obligation to perform extra and/or promotional activities. In effect, it will be at the sole discretion of WECANN to broadcast content, materials, classes or perform extra activities, without any recurrence constituting any obligation and/or incorporating within the purpose of this Agreement.
1.2.2 If the Course takes place in person, all information such as location, date, etc will be available on the Website.
1.2.2.1 In that case, the STUDENT will be responsible for following the Website orientation in order to be present at the place where the classes and any events related to the course will happen.
1.3 All the programming content and extra materials of the chosen Course will be available on the Website being part of this Term as if it were transcribed here.
CLAUSE TWO – STUDENT’S OBLIGATIONS AND RESPONSIBILITIES:
2.1. Without prejudice to any other responsibilities and obligations under the Law and agreed in this instrument, the STUDENT undertakes to:
2.2 The STUDENT will have access to the Course content for the period specified on the Website, from the signing of the present instrument.
2.3 Whether the STUDENT has doubts about the content of the Course, the STUDENT must contact WECANN through the addresses and phone numbers available on the Website.
2.4 WECANN does not grant any guarantee to the STUDENT and therefore does not guarantee that the content transmission will succeed in the results expected by the STUDENT.
2.5 The modules of the Course already have a specific number of hours, videos, and other related materials all previously fixed by WECANN, and can not be purchased separately, unless written consent of WECANN.
2.6 All-access credentials (users and/or passwords) provided to the STUDENT, or created by him, are personal and non-transferable, the latter being solely responsible for any misuse of such access credentials, including by third parties, without any responsibility from WECANN.
2.7 The STUDENT must keep their registration data up to date, especially e-mail, phone number, and address, and must communicate at least 05 (five) days before any change, under the penalty of being considered valid the acts of communication to previously registered data.
2.8 WECANN is not responsible for losses and damages caused, of any kind or nature, by the irregular use of the services provided by them, or due to problems of third party software, systems and applications, or hardware, under the exclusive responsibility of their manufacturers, as well as for data loss, viruses, and any other events that are outside WECANN’s control and diligence.
2.9. WECANN does not guarantee, under any circumstances, that the systems connecting to the services (via phone, cable, or any other) are free from possible failures or interruptions, not being responsible for the quality of the network used to access the service, instead of that it is maintained by a third party, and therefore it is beyond your control, diligence and responsibility.
2.10 WECANN reserves the right, following its internal guidelines, to change the experts who are part of the WeCann Academy, as well as the date, content, the format of the classes, and to make other changes related to the Course and structure that are relevant, at your sole discretion.
2.11 WECANN is authorized to, at any time, request proof that the STUDENT is a doctor asking for the supporting documentation. Failure to provide proof will allow WECANN not to provide educational services to the STUDENT. In the case of a STUDENT already enrolled, WECANN will reimburse the Course fee, retaining the percentage of 20% (twenty percent) as a fine.
CLAUSE THREE – WECANN’S OBLIGATIONS AND RESPONSIBILITIES:
3.1. Without prejudice to any other responsibilities and obligations provided for by law and in this agreement, WECANN undertakes to:
3.2 The Course’s classes are considered available and taken from the moment of their availability in the virtual learning environment, regardless of whether the contractor attended them.
3.3 Given the dynamics of the evolution of the content, WECANN is responsible for the relevance of the content related to the Courses only until the moment of the availability of classes and other materials, always committing itself, in any case, to the search for updated and complete content.
3.4 In case of interruption in the transmission process of classes motivated by technical problems from WECANN that exceeds 24 (twenty-four) consecutive hours, there will be an extension of the validity period of the access password for the period corresponding to the interruption period.
3.4.1 If the content is offered in an exclusively synchronous manner (through video classes, podcasts, etc.), and if it is not possible, WECANN will set a new date for its realization and will inform the STUDENT through the Website.
3.4.2 Asynchronous video classes may be made available fractionally and periodically, according to the specificity of the content, or other reasons that make it impossible to make the content available immediately.
3.4.3 At the end of the activities, after 75% of the Course content has been attended, the STUDENT will get a certificate, provided that the modules have been attended and all the activities required during the Course have been completed, as well as the delivery of all necessary documentation for the course. Failure to comply with all academic obligations and/or non-delivery of the requested documentation implies the impossibility of being able to receive the certificate.
3.4.3.1 The issuance of the Certificate will depend on the regular fulfillment of academic and contractual obligations by the STUDENT.
3.5 WECANN may use the image and voice of its STUDENTS as provided in the Terms of Use and under the “Authorization Term of Image, Testimony, Name and Voice Use”.
3.5.1 Furthermore, WECANN is expressly authorized to capture, fix, edit and use images, testimonies, declarations, name and voice of the STUDENTS to be inserted and used in WECANN’s means of communication, as well as for transmission on the Internet, record, edit, reproduce and broadcast in Brazil or abroad, without any limitation of time, through any means of communication and media and all institutional materials produced by WECANN, the images, testimonies and sounds of the STUDENTS captured during meetings, face-to-face courses, classes, events, workshops, and lectures, specifically, but not limited to, sounds, testimonies, statements about the course and internal, external images, interviews, lectures, and audience, for an indefinite period.
3.5.2 Also, WECANN may, at its sole discretion, use the STUDENT’S images, sounds, statements, and testimonies, written or orally captured, as well as their extracts, excerpts, or parts, being able, for example, to adapt it for purposes of the composition of any product connected to WECANN, display it and sell it or rent it to the public on any existing material support, promote merchandising actions or transmit advertising, disseminate it through the Internet and/or telephony, fixed and/or mobile, assign the copyright on the images and sounds whose use has been authorized through this Term to third parties, for any kind of use, or even give it any other use that provides WECANN with some kind of economic advantage.
3.5.3 WECANN is expressly authorized to assign the rights of the placement of images, testimonies, statements, and sounds from the STUDENTS, which it will not be able to receive for any type of remuneration, nor will it ever be able to complain in any way about the use.
CLAUSE FOUR – ABOUT THE PAYMENT:
4.1 The payment of the course fee must be made per the payment conditions contained in the respective Course link on the WECANN website, and these conditions are an integral part of this term as if they were transcribed here so that the STUDENT can not declare ignorance concerning them.
4.2. The STUDENT may choose the following payment methods: (a) credit or debit card, (b) invoice; (c) bank transfer (PIX), always under the payment terms mentioned on the Website and in this instrument.
4.3. If the STUDENT has opted for a third party credit card payment method, he/she will be civilly and criminally responsible for the authorization, existence of balance, and non-repayment / undue repayment, under the penalty of termination of this term.
4.4. Occurring a default, WECANN may charge a 2% fine on the installment, interest of 1% per month or fraction of a month, and monetary restatement based on the IGP-ME/FGV index, as well as adopting all legal provisions of applicable collection, including inscribing the student’s name in a register or services legally constituted and intended to protect the collection of credit arising from this term, the term being valid as an extrajudicial enforcement order, under the terms of art. 585, II, of the CPC, recognizing, the STUDENT, from now on, this title, as liquid, certain and chargeable, or, still, any type of collection provided for in the applicable legislation, regardless of previous notification, and such measures may be taken in isolation, gradually or cumulatively. All WECANN expenses arising from the charge(s) provided for in this item may be charged to the STUDENT as a refund.
4.5. The Course value is not related to the effective visualization of the classes or consequence of the STUDENT’s attendance.
4.6 WECANN may offer discounts, which will occur solely and exclusively due to the internal commercial guidelines defined by it.
4.7. The STUDENT declares to be completely aware that, depending on the period in which the course is contracted, and following the chosen plan and means of payment, the amounts practiced may have been differentiated from other opportunities, such as eventual promotions carried out in other periods.
CLAUSE FIVE – TERM OF THIS AGREEMENT
5.1. Term. This agreement will be effective for the term of access to the Course, according to the information contained on the Website.
5.2. Whatever the reason, this term will continue to affect the assignment of rights to the materials made for the Course.
CLAUSE SIX – CANCELATION OF THE COURSE
6.1 Once the course is contracted, the STUDENT will have up to 7 (seven) days to exercise the right of repentance, according to article 49 of the Consumer Protection Code and Law number 7962/2013, in which case the amount paid will be due.
6.2 In case of cancellation, after the deadline established in the previous item, the STUDENT will be bound by the following rules:
6.2. There is no possibility of transferring or suspension of the course.
CLAUSE SEVEN – GENERAL PROVISIONS:
7.1. Parties’ Independence and Absence of Labor Relation. The Parties are independent under this term and nothing provided for in this document should be interpreted in a way that creates a partnership, joint venture, franchise, agency, or any representation relationship between the Parties. In effect, it is stipulated that, by this term, no employment bond of WECANN’s responsibility with the STUDENT is established, and the Parties have no exclusive obligation to each other, subject to the provisions of clause 2.1.
7.2. Confidentiality. Each party is responsible for keeping the terms of this term confidential and all other non-public information and knowledge of the other party, revealed or obtained by the Receiving Party, as a result of this term or related thereto. Indeed, the Parties agree to use all efforts to protect the other Party’s Confidential Information and to take the necessary precautions identical to those it would take to protect their confidential information of the same nature.
7.3. Protection of Personal Data. For the execution of this instrument and related activities, WECANN will use the STUDENT’s data, following the applicable legislation, and under the Privacy Policy on the Website.
7.4. Renounce and Novation. The option of either Party not to exercise any right guaranteed to them under this term will not constitute a waiver of his rights to exercise them in the future, nor will it imply in novation or contractual amendment, which can only be validly effected through the signature of an amendment to this term.
7.5. Validity: If any provision of this particular term is considered null, voidable, invalid, or inoperative, no other provision of this particular term will be affected as a consequence of it and, therefore, the remaining provisions of this pact will remain in full force and effect as if such provision is null and void, voidable, invalid or inoperative was not contained in this adjustment.
7.6 Communications. Any notices or communications, which one of the parties has to make to the other party, about any rights or obligations contained in this instrument, must adopt the written form and will be considered as effectively delivered if sent in the email registered on the Website.
7.6.1 If any STUDENT wants to comment on any point about this instrument, they should send a message to the following e-mail address: [email protected].
7.7 Documentary evidence. The parties agree to receive messages and electronic files as documentary evidence, for all purposes, including by e-mail.
7.8 Assignment. The parties agree that, for the validity of any assignment of rights or obligations, an express, specific, and written statement by both parties will be necessary.
CLAUSE EIGHT – JURISDICTION AND APPLICABLE LAW:
8.1. The present term and the fulfillment of the obligations foreseen therein will be governed by the laws of the Federative Republic of Brazil and interpreted following its provisions.
8.2. The Parties elect the jurisdiction of Florianópolis / SC to resolve any issue arising from this agreement, with the express renounce of any other.
8.3. The term will be considered signed when the STUDENT manifests themself through the Website, or other electronic means adopted by WECANN, being, in this way, bound by all the terms of the present instrument, which declares full knowledge.
Florianópolis/SC, Oct 06th, 2022.
| AUTHORIZATION TERM OF IMAGE, TESTIMONY, NAME AND VOICE USE |
Through this Term, the User, who is the natural person qualified in the registration system promoted and made available by WECANN at any web address linked to the domain https://wecann.academy/, or any other domain, which refers to or is related to WECANN or the services it provides, expressly AUTHORIZES capturing, fixation, editing, and using of its images, testimonies, statements, name and voice to be inserted and used in any media of WECANN Endocannabinoid Global Academy LTDA, which is a private legal entity registered with CNPJ number 39.405.784 / 0001-73, located in Florianópolis, Santa Catarina, as well as AUTHORIZES the broadcasting on the internet, being able to record, edit, reproduce and broadcast in Brazil and abroad, without limitation of time, through any media and or any institutional materials produced by WECANN, of the images, testimonies and sounds of its Students, captured during the meetings, courses, classes, lectures, events, workshops, and talks, such as sounds, testimonies, statements about the course and internal and external images, interviews, lectures, and audience, for an indefinite period (“Authorization”).
Therefore, through this term of authorization, the User expressly agrees that:
WECANN is authorized to, at its sole discretion, use its images, sounds, statements, and testimonies written or orally captured, as well as its extracts, excerpts, or parts, being able to, for instance, adapt it to compose any product connected to WECANN, exhibit and sell it to the public, promote marketing campaigns or transmit advertising, disseminate it through the Internet in any way, give in the copyrights on the images and sounds whose use was authorized through this Term to third parties, for any kind of use, and yet, to give it any other use that provides WECANN some kind of economic advantage.
WECANN is also expressly authorized by this term to assign the rights to transmit images, testimonies, declarations, and sounds, for which reason the User agrees not to receive any remuneration for this purpose, as well as declares never to complain in any way about the use.
This Authorization is universally, totally, definitely, irreversibly, and free of charge granted, covering the use of images, sounds, and videos provided by the User, obliging the parties for themselves, their heirs and successors in any capacity, being elected the jurisdiction of the District of Florianópolis to resolve any doubts arising from this Term.
The provisions contained herein are in full compliance with the Terms of Use and the Services Agreement adhered by the User, expressing full awareness that all statements made by him in this document ratify the rights and obligations contained in those documents, especially the clauses about the right to use images and oral and/or written testimonies.
Received the present Term through the internet, and its entire content was properly read and understood, so that the User agrees with all its terms, declaring that the celebration will occur electronically on the internet.
Finally, considering that this is the expression of the User’s will, the User declares that AUTHORIZES the uses described above without having anything to be claimed for rights related to its image, declarations, testimonies, and voice or any other, by electronically signing this document.
Florianópolis/SC, May 20, 2021.
WECANN ENDOCANNABINOID GLOBAL ACADEMY LTDA
CNPJ: 39.405.784/0001-73
© 2020 WeCann Academy.
All Rights Reserved.