Terms of Use
1. About our Terms of Use
Welcome to KF! These Website Terms of Use are intended to define the rules to be followed when using our Website, subject to the implications of current legislation.
Please read these Terms of Use carefully. If you have any questions about this document or how we process the information you provide, please contact us through the appropriate communication channel. Questions regarding the processing and protection of personal data should be communicated to our Data Protection Officer (DPO) via email: dpo@industrialkf.ind.br. Commercial and/or other inquiries should be communicated through the “Contact” section.
2. Who are we?
When these Terms of Use mention “Industrial KF,” “KF,” “we,” “us,” or “our,” as well as the grammatical variations of the first-person plural, the reference is to INDUSTRIA DE MAQUINAS E IMPLEMENTOS AGRICOLAS K.F. LTDA., a private legal entity, registered with the CNPJ (Brazilian Corporate Taxpayer Registry) under No. 00.717.453/0001-33, headquartered at Rua Costa e Silva, No. 550, Zip Code 98.970-000, in the municipality of Cândido Godoi, RS, the controller of the personal data collected and processed by the website “https://www.industrialkf.com.br/.”
KF manufactures agricultural implements, planters, trailers, sprayers, platforms, and seeders, as well as provides technical assistance and sales of original KF parts for the agribusiness sector, using technology and quality. Having worked for over 25 years with Rural Producers and Agribusiness, KF has achieved national prominence, in addition to exporting to Mercosur, earning recognition and important awards in the segment.
3. General Information about the Website
In our Website sections, we provide our institutional presentation (“Institutional”); present our product portfolio (“Products”); promote our technical assistance and original KF parts services (“Assistance”); offer quality information in the News section (“News”); provide our events calendar (“Agenda”); present videos about our products and activities (“Videos”); provide contact with regional representatives (“Sales”); and provide general contact information and for those interested in working with us (“Contact”).
The entire website was designed and developed in accordance with transparency, security, and compliance with the rules and principles established by Brazilian law, especially those related to the digital sector and personal data protection.
The Website may undergo changes, at the Company’s sole discretion, to improve its functionality, access, and other features, primarily aimed at enhancing the User experience. KF maintains a continuous process of product development and reserves the right to make changes without prior notice.
The Company makes every effort to maintain the continuous and permanent availability of the Website. However, this does not prevent instability resulting from extraordinary events, such as, but not limited to, technical failures, natural disasters, third-party actions, and other situations beyond its control and responsibility.
4. Access, Registration, and Restrictions
1.1 Access
The Website is accessed through the website https://www.industrialkf.com.br/. Users should always ensure they are accessing the correct website. KF is not responsible for access to other websites that are similar or are counterfeit.
To contact KF or submit a resume for employment with us, some basic identification information is required, as listed in the “Contact” section of the Website. Personal logins and passwords are not created for KF clients.
Users of the Website understand and expressly agree that they will be required to provide personal data, in a volume and type compatible with applicable data protection legislation, to contact KF and submit a resume for employment with the company. Users undertake to provide only truthful information and to keep their information and data, including personal data, permanently updated. Under penalty of being subject to applicable Brazilian law, including criminal law, they are also required to compensate for any losses and damages they may cause.
Users are strictly prohibited from accessing the Website’s programming areas, its database, or any other information and data sets that comprise the webmastering activity. Anyone who engages in any of these behaviors, intentionally or unintentionally, is subject to applicable Brazilian law, including criminal law, and is also required to compensate for any losses and damages they may cause.
1.2 Registration
Sales representatives and resellers may create a login and password, upon registration, to access the representatives/resellers area on the company’s website. Sales representatives and resellers are aware and expressly agree that they will be required to provide personal data, in a volume and type compatible with applicable data protection legislation, for their registration and for registrations they make on behalf of customers who have purchased KF products. Sales representatives and resellers undertake to provide only truthful information and to keep their information and data, including personal data, permanently updated, under penalty of being subject to applicable Brazilian legislation, including criminal laws, and are obligated to compensate for any losses and damages they cause.
Sales representatives and resellers are obliged to use a strong password for their account identification and authentication. The login and password are strictly personal and confidential. Sales representatives and resellers may not, under any circumstances, share their login and password with third parties. KF is exempt from any liability for the sharing of login, password, and other data from their individual account on the KF website with third parties, or for the misuse by sales representatives and resellers of their login, password, or other data from their individual account on the KF website. Any theft, misplacement, loss, or breach of confidentiality of the login and password, or any suspicion of any of these events, must be reported immediately to KF. Sales representatives and resellers are also obliged to promptly change their password to prevent damage, especially damage that is difficult to repair.
Sales representatives and resellers may change their password whenever deemed appropriate and necessary. KF may, at its sole discretion and convenience, particularly for security reasons, change passwords at any time.
1.3 Restrictions on Users and Registered Users (Sales Representatives and Resellers)
The use of spider or data mining applications of any nature, type, or type, as well as any other applications not mentioned, that act as robots, is strictly prohibited, whether to perform mass operations or for any other activities or purposes, under penalty of being subject to applicable Brazilian law, including criminal law, and being required to compensate for any losses and damages caused.
Users are also prohibited from directly or indirectly reverse engineering, decompiling, copying, modifying, reproducing, renting, sublicensing, publishing, disseminating, transmitting, distributing, or otherwise exploiting, arranging, or using the tools, structures, functionalities, and features that comprise the website, including those related to e-commerce.
Users are strictly prohibited from submitting, at any time and in any format, content that constitutes: (i) an offense to the honor, image, reputation, or dignity of third parties; (ii) pornography, pedophilia, and other forms of sexual gratification; (iii) hatred, racism, or discrimination of any kind; (iv) political, religious, or any other manifestations unrelated to the purposes of the Website; (v) bullying, stalking, or any other type of illegal harassment; (vi) manifest violation of copyright or image rights; (vii) use of third-party trademarks, symbols, logos, or emblems; (viii) incitement or advocacy of crimes, misdemeanors, or any other unlawful acts of any nature; (ix) commercial or promotional activities or activities that suggest the exercise of economic activity; (x) unlawful acts in general; (xi) conduct contrary to morality, public order, common sense, legislation, and good customs.
Only Users over 18 years of age should use the Website’s features and tools. Children and adolescents should not use the Website, as it is not intended for this audience. Parents and/or guardians must supervise and guide their children and/or minors under their care in this regard. Our products are intended for adults and legal entities, and the technical instructions for proper and safe use must be strictly followed, in accordance with the guidelines provided by KF and common sense. Claiming ignorance of these facts does not exempt parents and guardians from any potential liability during the use of the Website by children and adolescents.
In any case of misuse, unlawful use, or violation of the Site’s restrictions, especially when Users cause harm to KF and/or third parties, KF may exclude or suspend, temporarily or permanently, contact with such User(s), always at KF’s sole discretion and convenience. KF is not required to communicate or justify such measures to the User(s) beforehand or subsequently. Other measures, such as the deletion of content and actions performed by the User(s) on the Site, may also be adopted by KF, at its sole discretion and convenience, at any time. KF does not require prior notice, in any form, of any kind. KF will not be liable for any compensation for taking measures such as those described above.
The management and maintenance of the Site and accounts, as well as the imposition of restrictions, are matters decided solely and exclusively by KF and may be subject to change at any time, at KF’s sole discretion and convenience. KF is exempt from providing reasons to Users or third parties.
5. What are your responsibilities as a Website User?
The User undertakes to always navigate and use the Website in a manner that is ethical, responsible, and legally observant, and uses common sense, in particular in accordance with these Terms of Use.
The Website must be used by the User only for the purposes for which it was created and constituted, under penalty of being subject to applicable Brazilian law, including criminal law, in addition to (i) being obliged to compensate for any losses and damages caused, and (ii) having their information/contact information on the Website deleted, including permanently, at KF’s discretion.
By accessing and using our Website:
– You understand that all information and data entered, produced, and made available are your responsibility, and you agree not to provide third-party personal data;
– You understand that you are responsible for contracting, funding, maintaining, or providing the minimum technology requirements, particularly broadband internet connection and device capacity (computers, laptops, smartphones, etc.), but not limited to these aspects, for using the Website and its environment;
– You understand that you are responsible for the correct use of the Website and its services, as well as for maintaining a secure environment for your computers and other electronic access devices, using specific tools for this purpose, such as antivirus software, firewalls, among others, to help prevent electronic risks, and using up-to-date and efficient operating systems, browsers, and hardware for full use of the Website;
– You agree to indemnify, defend, and hold harmless KF, its business partners, licensors, employees, agents, and third-party information providers from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and attorneys’ fees arising out of or resulting from your misuse of or inability to use the Site or Content, or any violation of these Terms of Use, that result in such damages, losses, expenses, costs, and related amounts.
KF shall not be liable for the following facts and events, without excluding other situations:
– Installation of malicious code (viruses, Trojans, malware, worms, bots, backdoors, spyware, rootkits, or any other code that may be created) on the User’s or third-party equipment due to the User’s Internet browsing;
– Equipment infected or hacked by attackers;
– Damaged equipment;
– Protection of information based on the User’s equipment;
– Abuse of the use of a computer, laptop, smartphone, or other equipment by the User;
– Clandestine monitoring of the computer, laptop, smartphone, or other equipment by the User;
– Vulnerabilities or instabilities existing in the systems, networks, and servers used by the User;
– Insecure perimeter;
– Unavailability of the Website;
6. Copyright
We developed and exclusively own the copyright to the Website and all resources, tools, functionalities, patents, business names, databases, networks, files, and trademarks related to the Website, which are protected by Brazilian and international intellectual property laws.
These Terms of Use do not grant any intellectual property rights or other exclusive rights, including computer programs, patents, designs, trademarks, copyrights, or rights to confidential information or trade secrets, on or related to the Website or any part thereof.
The elements and/or tools made available on our Website may not be used, copied, reproduced, distributed, transmitted, disseminated, displayed, sold, licensed, or otherwise exploited for any purpose without prior written consent.
Users are fully and fully obligated to browse the Website ethically and in accordance with Brazilian and international intellectual property laws, as well as to respect the rights of third parties in this regard. The User is responsible for any damage caused or unlawful conduct committed, and must bear the compensation for losses and damages and other corresponding legal and contractual implications.
7. Links to Third-Party Websites, Applications, and Platforms
Links displayed on the Website to third-party websites, applications, and platforms are provided solely to make our website more convenient and beneficial for Users.
These links do not necessarily constitute or imply a recommendation, sponsorship, or endorsement by KF.
We are not responsible for any illegal activities, damages, losses, or any incidents occurring on third-party websites, software, applications, and providers.
If you use these links, especially those to Facebook, WhatsApp, Instagram, and Google Maps, you will leave the Website and will be subject to the Terms of Use, Privacy Policy, and general rules of these websites, applications, and/or platforms.
8. Privacy and Data Protection
Browsing and using the Website’s features are subject to our Privacy Policy. The legislation governing privacy and personal data protection is fully complied with and adhered to by the Website and KF.
9. KF Communication with its Users
KF may communicate with its Website Users by any means it deems convenient and valid. Communication will primarily be conducted via telephone or email provided by the User. KF may also communicate through the Website’s own features and systems, at its discretion and convenience.
The User is solely responsible for receiving and responding appropriately to communications. The User undertakes to always provide KF with correct and accurate information, keeping it continuously and permanently updated. The User’s anti-spam system must be configured so that it does not block, under any reason, communications sent by KF. No excuse is acceptable for lack of access to communications due to anti-spam blocking or similar communication barriers.
10. Contact Us
If you have any questions about these Terms of Use or how we process the information you provide, please contact the appropriate KF communication channel. Questions involving the processing and protection of personal data must be communicated to our Data Protection Officer or DPO via the email address: dpo@industrialkf.ind.br. Commercial and/or other issues must be communicated through the ‘Contact’ section.
11. General Provisions
These Terms of Use completely replace any prior agreements between the parties, whether oral or written, regarding the subject matter hereof.
We reserve the right to modify the content of these Terms of Use at any time, as needed, for example, to adapt and comply with any legal provision or regulation with equivalent legal force. Users are responsible for verifying this information each time they access the Website. Continued use of the Website constitutes acceptance of any modifications made.
Any concession made by the parties in the application of these Terms of Use shall be made purely as a matter of discretion and shall not alter the provisions herein.
If any term or other provision of these Terms is held to be invalid, illegal, or unenforceable under any legal or public policy norm, all other terms and provisions shall remain in full force and effect.
These Terms of Use will be governed by and construed in accordance with Brazilian law, in the Portuguese language, and the jurisdiction of KF’s domicile will be elected to resolve any dispute or controversy involving these Terms of Use. The parties expressly waive any other jurisdiction, however privileged.
K.F. AGRICULTURAL MACHINERY AND IMPLEMENTS INDUSTRY LTDA
CNPJ No. 00.717.453/0001-33