These Terms of Use of the Client Area, Electronic Acceptance and Electronic Signature (“Terms”) govern access to and use of the restricted area of the BRASHOUSE platform, as well as the identification, authentication, electronic expression of intent, acceptance and electronic signature mechanisms made available to users.
By creating or using an account in the Client Area, the user acknowledges having had access to these Terms.
Whenever a specific transaction requires an express manifestation of intent, acceptance or signature, the platform may request additional confirmation before the transaction is completed.
1. PLATFORM IDENTIFICATIONThe Client Area is made available within the BRASHOUSE platform, operated in Brazil by:
The Rossa Group Imóveis LTDA
CNPJ: 51.770.488/0001-38
CRECI: PJ8962-J
Address: Rua dos Polvos, 61, Florianópolis/SC, Brazil
Website: brashouse.com
E-mail:
info@rossa.group2. PURPOSE OF THE CLIENT AREAThe Client Area is an electronic environment intended to facilitate the relationship between the user, BRASHOUSE and, where necessary, other participants in a real estate transaction.
The following functionalities may be made available:
• registration;
• property search and selection;
• favorites;
• documents;
• offers;
• requests;
• messages;
• service history;
• negotiations;
• expressions of interest;
• appointments;
• contracts;
• document acceptance;
• electronic signature;
• transaction tracking.
Available functionalities may vary depending on the user's profile, the nature of the service and the stage of the transaction.
3. ACCOUNT CREATIONTo use certain functionalities, the user may be required to create an account and provide information necessary for identification.
The user represents that the information provided is true, complete and up to date.
The following are prohibited:
• using a false identity;
• creating an account in another person's name without authorization;
• submitting fraudulent documents;
• knowingly providing false information;
• unlawfully using third-party information.
BRASHOUSE may request confirmation or updating of information whenever there are legitimate grounds to do so.
4. AUTHENTICATIONThe platform may use one or more authentication mechanisms, including:
• password;
• link sent by e-mail;
• code sent by e-mail;
• SMS;
• WhatsApp;
• OTP;
• multi-factor authentication;
• application-based confirmation;
• document identification;
• biometric validation, where legally appropriate;
• other technological mechanisms compatible with the transaction.
The mechanism used may vary according to the nature, relevance and risk level of the act or transaction.
5. PERSONAL NATURE OF THE ACCOUNTThe account and its credentials are personal to the user.
The user must:
• keep their password confidential;
• not share authentication codes;
• prevent unauthorized third-party access;
• use reasonably secure devices;
• log out of public or shared devices;
• immediately report any suspected compromise of the account.
6. RECORDING OF TRANSACTIONSFor security, fraud prevention, auditing and the creation of electronic evidence, BRASHOUSE may record, to the extent technically available:
• account identification;
• date and time;
• IP address;
• browser;
• device;
• operating system;
• session identifier;
• authentication method;
• validation records;
• document viewed;
• document version;
• access time;
• acceptance or refusal;
• signature;
• transaction identifier;
• security logs;
• other technical evidence related to the transaction.
Such records may be retained in accordance with applicable law and BRASHOUSE's
Privacy Policy.
7. ELECTRONIC EXPRESSION OF INTENTCertain actions performed on the platform may constitute an electronic expression of intent.
This may occur, for example, through commands such as:
• “I Accept”;
• “I Agree”;
• “Confirm”;
• “Submit Offer”;
• “Approve”;
• “Sign”;
• or another electronic command with equivalent meaning.
The nature and legal effects of each expression of intent will depend on the content presented to the user, the authentication method used, the circumstances of the transaction and applicable law.
Mere browsing of the website shall not be deemed to constitute execution of a contract or consent to data processing where the law requires a specific manifestation of consent.
8. ELECTRONIC ACCEPTANCEThe platform may use electronic acceptance mechanisms to record the user's acknowledgment or agreement to:
• terms;
• policies;
• notices;
• authorizations;
• requests;
• offers;
• specific conditions;
• documents;
• other instruments related to the services.
Before confirmation, the user shall have a reasonable opportunity to access the relevant content.
Whenever technically possible, the version of the document presented to the user will be recorded.
9. ELECTRONIC SIGNATUREBRASHOUSE may make available different types and mechanisms of electronic signature, taking into account:
• the nature of the document;
• the relevance of the transaction;
• the level of risk;
• legal requirements;
• third-party requirements;
• the level of security required.
The availability of a particular type of electronic signature does not mean that it is appropriate or sufficient for all documents or transactions.
10. SIMPLE ELECTRONIC SIGNATUREWhere legally appropriate for the transaction, a simple electronic signature mechanism may be used to identify the signatory and associate their expression of intent with the relevant document or transaction.
The following may be used, individually or in combination:
• authenticated account;
• e-mail;
• telephone number;
• OTP code;
• individual link;
• IP address;
• date and time;
• session identification;
• access records;
• other electronic evidence.
A simple electronic signature will be used where compatible with the legal nature and risk level of the transaction.
11. ADVANCED ELECTRONIC SIGNATUREWhere a higher level of security is required, an advanced electronic signature may be used through mechanisms intended to provide greater assurance regarding:
• the identification of the signatory;
• control over the means used for signing;
• authorship;
• document integrity;
• identification of subsequent alterations.
BRASHOUSE may use specialized service providers to provide this type of signature.
12. QUALIFIED ELECTRONIC SIGNATUREWhere required by law, by the parties, by the nature of the act or by a competent authority, a qualified electronic signature based on a digital certificate issued under the applicable legal infrastructure may be required.
In such circumstances, the platform may direct the user to a specific procedure or service provider.
13. DETERMINATION OF THE LEVEL OF AUTHENTICATION OR SIGNATUREBRASHOUSE may require a higher level of authentication or signature based on:
• the nature of the transaction;
• the value of the transaction;
• the type of document;
• fraud risk;
• the need for enhanced identification;
• applicable law;
• requirements of a financial institution;
• requirements of a notary office;
• requirements of the property owner;
• requirements of a developer;
• requirements of an authority;
• requirements of another legitimate participant in the transaction.
The availability of a simple electronic signature on the platform does not mean that it is legally sufficient for every act or real estate transaction.
14. SPECIFIC FORMALITIESThese Terms do not replace specific formalities required by law.
Depending on the nature of the transaction, the following may still be required:
• public deed;
• notarization or acknowledgment of signature;
• digital certificate;
• qualified electronic signature;
• involvement of a notary;
• registration with the competent registry office;
• additional documentation;
• power of attorney;
• other formalities provided by law.
The availability of electronic mechanisms through BRASHOUSE does not eliminate specific legal requirements applicable to a particular transaction.
15. CONSENT TO THE USE OF ELECTRONIC MEANSBy choosing to conduct a particular transaction electronically, the user acknowledges that:
• documents may be made available in electronic format;
• communications may take place by electronic means;
• their expression of intent may be recorded electronically;
• technical evidence may be retained;
• electronic records may be used as evidence of the transaction, subject to applicable law.
16. REVIEW BEFORE CONFIRMATIONBefore accepting, approving or signing a document, the user must:
• access the document;
• review its content;
• verify their information;
• check the conditions presented;
• report any errors;
• confirm the transaction only when they agree with its content.
The user should not complete the transaction if they do not understand or agree with the document presented.
17. DOCUMENT INTEGRITY AND VERSIONWhere technically applicable, the platform may associate the following with the transaction:
• document version;
• unique identifier;
• hash or equivalent integrity mechanism;
• date and time;
• account identification;
• authentication evidence;
• transaction history.
These mechanisms are intended, among other purposes, to preserve evidence of the content presented at the time of the user's expression of intent.
18. TRANSACTION RECEIPTFollowing certain transactions, the following may be made available:
• signed document;
• electronic receipt;
• verification code;
• transaction history;
• certificate;
• signature report.
The form of the receipt will depend on the technology and mechanism used.
19. EVIDENTIARY VALUEElectronic records associated with a transaction may be used as evidence of the expression of intent made by the user, subject to:
• applicable law;
• the type of signature;
• the authentication method;
• the available evidence;
• the specific circumstances of the transaction.
These Terms do not establish an absolute presumption of authorship or validity where such presumption does not arise from applicable law.
20. COMPROMISED CREDENTIALSIf the user suspects that:
• their password has been discovered;
• their e-mail account has been compromised;
• their telephone has been lost or stolen;
• an authentication code has been obtained by a third party;
• their account has been accessed without authorization;
they must immediately notify BRASHOUSE through the official channels.
21. SECURITY AND FRAUD PREVENTIONWhere there are reasonable indications of risk, fraud or unauthorized use, BRASHOUSE may:
• temporarily block the account;
• require re-authentication;
• request additional confirmation;
• terminate a session;
• temporarily suspend a signature process;
• request documents;
• request direct contact;
• subject the transaction to review;
• preserve records and evidence related to the event.
Such measures may be adopted preventively when reasonably necessary to protect users, the platform or participants in the transaction.
22. HIGHER-RISK TRANSACTIONSTransactions considered to involve higher risk may be subject to additional identification and authentication procedures.
BRASHOUSE may refuse the use of a simplified mechanism where it reasonably considers a higher level of security necessary or where such level is required by law or by a legitimate participant in the transaction.
23. REPRESENTATION OF THIRD PARTIES AND LEGAL ENTITIESWhere the user acts on behalf of:
• a legal entity;
• a property owner;
• an investor;
• a buyer;
• a seller;
• an agent;
• a representative;
• another third party;
BRASHOUSE may require evidence of the relevant authority to act on behalf of such party.
The existence of an account on the platform does not, by itself, establish authority to represent third parties.
24. PROHIBITED CONDUCTThe following are prohibited:
• accessing another person's account without authorization;
• providing a false identity;
• using fraudulent documents;
• using third-party data without authorization or legal basis;
• manipulating authentication mechanisms;
• attempting to alter electronic evidence;
• interfering with security mechanisms;
• using the platform for fraud or unlawful purposes;
• exploiting vulnerabilities;
• attempting to obtain unauthorized access to systems, accounts or information.
25. THIRD-PARTY DOCUMENTS AND SERVICESCertain documents, services or stages of a transaction may be provided or administered by third parties, including:
• developers;
• construction companies;
• property owners;
• financial institutions;
• notary offices;
• registries;
• electronic signature platforms;
• commercial partners.
In such cases, additional terms, policies and requirements of the relevant third party may apply.
26. PLATFORM AVAILABILITYBRASHOUSE will seek to keep the Client Area available and secure but does not guarantee continuous or uninterrupted operation.
Interruptions may result from:
• maintenance;
• updates;
• technological issues;
• security measures;
• provider failures;
• unforeseen circumstances;
• force majeure;
• circumstances beyond BRASHOUSE's reasonable control.
27. CORRECTION OF ERRORSBRASHOUSE may correct:
• technical failures;
• material errors;
• system inconsistencies;
• incorrectly displayed information.
Correction of a technical error does not authorize the retroactive alteration of a valid expression of intent made by the user without an appropriate legal basis.
28. PERSONAL DATA PROTECTIONPersonal data processed in connection with the Client Area, authentication, acceptance and electronic signature will be processed in accordance with:
• applicable law;
• BRASHOUSE's Privacy Policy and Privacy Notice;
• security measures appropriate to the nature and risk of the transaction.
29. RETENTION OF EVIDENCERecords relating to expressions of intent, authentication, acceptance and signatures may remain stored for the period necessary for:
• proving the transaction;
• contract performance;
• compliance with legal obligations;
• security;
• fraud prevention;
• auditing;
• the exercise of legal rights.
30. ELECTRONIC COMMUNICATIONSThe user acknowledges that the contact details registered with the platform may be used for communications relating to:
• the account;
• security;
• authentication;
• documents;
• requests;
• negotiations;
• contracts;
• requested transactions;
• relevant changes relating to the services.
Promotional communications will comply with applicable rules and the
Privacy Policy.
31. COMPLEMENTARY DOCUMENTSThese Terms shall be interpreted together, as applicable, with:
•
Terms of Service;
•
Terms of Use and Legal Notice;
•
Privacy Policy and Privacy Notice;
•
Cookie Policy;
• specific contracts;
• offers;
• authorizations;
• other individually executed instruments.
In the event of a conflict between these general Terms and specific provisions of a duly executed contract, the specific provisions of such instrument shall prevail with respect to the matters regulated therein.
32. SUSPENSION OR TERMINATION OF THE ACCOUNTBRASHOUSE may suspend, restrict or terminate an account where there are:
• reasonable indications of fraud;
• violations of these Terms;
• security risks;
• unlawful use;
• legal obligations;
• orders from a competent authority;
• abusive use of the platform.
Where possible and legally appropriate, the user will be informed of the measure taken.
33. CHANGES TO THESE TERMSThese Terms may be updated to reflect:
• legislative changes;
• regulations;
• new technologies;
• new functionalities;
• security changes;
• operational changes.
The current version will be made available on the platform together with its applicable update date.
If a material change significantly affects the use of the Client Area or the electronic signature mechanisms, a new acceptance may be requested.
34. GOVERNING LAWThese Terms shall be interpreted in accordance with Brazilian law, without prejudice to the application of mandatory rules that may apply to a particular international transaction.
35. CONTACTFor questions relating to the Client Area, authentication, documents or electronic signature:
BRASHOUSE
The Rossa Group Imóveis LTDA
CNPJ: 51.770.488/0001-38
CRECI: PJ8962-J
Address: Rua dos Polvos, 61, Florianópolis/SC, Brazil
Website: brashouse.com
E-mail:
info@rossa.groupFor matters relating to privacy and personal data protection:
Privacy / LGPD:
info@rossa.group36. ACCEPTANCEBy creating or using an account in the Client Area, the user acknowledges having had access to these Terms.
Where a specific transaction requires acceptance, approval or signature, the corresponding manifestation will be requested at the time of the transaction.
BRASHOUSE may record electronic evidence appropriate to the nature, relevance and risk level of each transaction.
BRASHOUSE — The Rossa Group Imóveis LTDA
CNPJ 51.770.488/0001-38 | CRECI PJ8962-J
Rua dos Polvos, 61 — Florianópolis/SC — Brazil
brashouse.com |
info@rossa.group