HOTMART'S CARD POLICY FOR BRAZIL
Hotmart now offers the Hotmart Card – a prepaid card (virtual or physical) provided to approved Users, and allowing them to use the balance of their Hotmart payment account at any point of sale that accepts Visa.
This Policy may be modified, replaced or removed at any time without prior notice. If you don’t agree with a new version of this Policy, you must stop using the Hotmart Card. This Policy and its respective updates supersede any proposals, contracts, previous understandings and agreements, verbal or written, which may exist between you and Hotmart.
To make this Policy easier to read, we offer a Glossary on this link, which lists the meaning of expressions beginning with capital letters in the Hotmart Terms, and that are not specifically defined in this Policy.
Version updated on June 13, 2022
A. This Hotmart Card Policy governs the application and use of the Hotmart Card for transactions made in Real (BRL) currency between approved Users who, in their account on the Platform, declare that they reside in Brazil.
B. By accepting this Policy and using the Hotmart Card, the company with which you are entering into a contract is Launch Pad Tecnologia, Serviços e Pagamentos Ltda. (also known as Hotmart), a private legal entity, registered under the corporate identification CNPJ/MF No. 13.427.325/0001-05, headquartered in Belo Horizonte, state of Minas Gerais, at Rua Assis Chateaubriand, nº 449, Bairro Floresta, as a business intermediator.
D. The Visa-branded Hotmart Card is issued by the Payment Institution.
E. Hotmart is not a financial institution and does not issue payment cards of any kind and nature.
F. The official language of this Policy is Brazilian Portuguese. Any version of this Policy in another language is a courtesy translation. In case of conflict, the Portuguese version shall prevail.
1. TERMS AND DEFINITIONS
1.1 Notwithstanding other definitions ascribed in this Policy, the following expressions, when used in this Policy in the singular or plural, shall have the following meanings:
Hotmart Card:is a physical and/or virtual card that, at Hotmart's discretion, may be offered to Users in order to take advantage of the Hotmart Card Services.
Chargebackis the procedure of debit objection through which you declare that you don’t recognize an expense made with your Hotmart Card. Once the Chargeback is accepted, a deposit will be made to the User’s Payment Account within the period informed by the Communication Channels.
Communication Channels: these are the official channels for the communication between Users and Hotmart, for matters related to the use of the Services do Hotmart Card, and any other communication channel that is not described herein, or in the Applications, is not considered an official channel, and Users shouldn’t use it. The channels are as follows:
a) Hotmart Card Customer Service Center: You may contact Hotmart's Customer Service Center 24/7, by calling this phone No.: +55 0800 887 0461
b) Hotmart Card Ombudsman: Users can contact Hotmart's Ombudsman by calling this phone No.: +55 0800 326 0955
Payment Account: is the prepaid payment account, maintained at Hotmart, intended for payment transactions in digital currency, made based on funds in Brazilian Reais previously allocated.
Hotmart Payment Account Maintaining Entity: LaunchPad Sociedade de Crédito S.A. is a private legal entity registered under CNPJ No 45.220.646/0001-12, headquartered in the city of Belo Horizonte, State of Minas Gerais, at 499 Assis Chateaubriand Av., Bairro Floresta.
Establishment: Any provider of goods and/or services that are accredited to accept payments with your Card, in Brazil and/or abroad, at physical or online stores.
Financial Institution: BANCO VOTORANTIM S.A., a financial institution headquartered at Avenida das Nações Unidas, 14.171, Torre A, 18º andar, São Paulo, São Paulo, enrolled under the CNPJ/MF under No. 59.588.111/0001-03 responsible for the individualization services of Payment Accounts with the SPB (Brazilian Payment System).
Payment Institution: DOCK Soluções Em Meios de Pagamento S.A., a corporation enrolled with the CNPJ under No. 08.744.817/0001-86, headquartered at Avenida Tamboré, n. 267, Torre Norte, conj. 101-B, 10° andar, Barueri, São Paulo, acting in the capacity of Payment Institution as a Partner of Rapyd Brazil Soluções de Pagamento Ltda, a limited liability company, established under the laws of the Federative Republic of Brazil, and headquartered at Rua Gomes de Carvalho, 1507, 4º andar, S23, Bloco A, Vila Olímpia, CEP 04547-005, São Paulo, SP, registered under the CNPJ No. 32.879.903/0001-80 (“Intermediator”) responsible for issuing the Cards, having the legal prerogatives to act, especially with regard to the possibility of preventive blocking and cancellation of transactions and of Hotmart Cards.
User: Any User of the Platform, individual or legal entity, who is approved as a Hotmart Card User.
2. SERVICES PROVIDED
2.1 Financial Services:Hotmart, the Intermediator, the Payment Institution, and the Financial Institution, when applicable, offer Users various services that allow financial and payment transactions. To do so, Users must register in some of the internet applications, for example, the www.hotmart.com.br website or Hotmart Sparkle application.
2.2 Main Operations:Among the main operations that Users can perform through the Payment Account, always subject to the availability of credit balance, we highlight the following "Hotmart Card Services":
Purchases at Establishments: Users can make purchases at any provider of goods and/or services that are enabled to accept payment with their Hotmart Card Brazil, at physical or online stores ("Establishments")
Withdrawal: The withdrawal of funds at authorized electronic terminals (ATM), with the use of the Hotmart Card. In this case, fees may be charged by the companies managing such terminals.
3. TYPES AND FEATURES OF THE HOTMART CARD
3.1 Types of Hotmart Cards: The Hotmart Card can be requested in its physical or virtual version.
3.2 Features of the virtual Hotmart Card: The virtual Hotmart Card version can be used for purchases in Brazil, as cash credit, in prepaid mode.
3.3 Exclusive features of the physical Hotmart Card: In addition to purchases in Brazil, in the cash credit feature, in the prepaid mode, the physical Hotmart Card can be used for cash withdrawals, at 24-hour banks (ATM).
4. HOTMART CARD APPLICATION REQUIREMENTS
4.1 Users eligible to apply for the Hotmart Card:The Hotmart Card may be offered to Users who sell through the Clusters Atom to Black Syrius, subject to Hotmart's pre-approval.
4.3 Partners and beneficiaries:OThe Hotmart Card may be requested by the User who owns the Payment Account at Hotmart, or, in the case of a legal entity, the individual entity registered as its representative. The Hotmart Card may be made available to the Users’ Partners and Beneficiaries, with a maximum limit of ten (10) partners or beneficiaries per User.
4.4 Card Application:Hotmart Card applications must be exclusively performed through the Sparkle Platform
4.5 Liability for the veracity of the User's Personal Information:Hotmart, as the Intermediary, the Payment Institution, and the Financial Institution, where applicable, are liable for the veracity of the Personal Information under any circumstances. In the event Hotmart, as the Intermediary, or the Payment Institution detects the opening of an account based on false, incomplete, mistaken, erroneous, misleading information, or furthermore, that does not allow the identification of the User's identity, they may (a) request clarifications and additional documentation they deem necessary to properly substantiate the information provided and to validate the registration, and may even refuse to validate any registration, at their sole discretion; or (b) automatically delete the User’s registration, suspend or cancel permission to use the Hotmart Card Services.
4.6 Improper accesses and transactions in the User's account:Hotmart, the Intermediator, the Payment Institution, and the Financial Institution, when applicable, are not liable for accesses or transactions in the Payment Account, and/or the improper use of the Hotmart Card do User by third parties, as well as for any direct or indirect damages that result from the misuse or inability to use the Applications, da Payment Account, or the Hotmart Card by the User or any third party, being certain that, if there is evidence or even mere indications of irregular, improper, or suspicious use of the Hotmart Card and/or the Payment Account, the User may have their registration immediately suspended or, furthermore, canceled, notwithstanding other legal and contractual sanctions.
4.7 Sharing of information for the provision of the Hotmart Card Services:The User acknowledges that the information provided voluntarily may be shared with the Payment Institution and Financial Institution to the extent necessary to make the services offered available, as well as for registration purposes, or any other purpose, including, but not limited to, the marketing of Hotmart and the Intermediary’s products .
5. HOTMART CARD APPLICATION
5.1 Virtual Hotmart Card Application Fee:No fee will be charged for the generation or cancellation of the virtual Hotmart Card. Hotmart reserves the right to charge a fee for the application of the virtual Hotmart Card at any time, when made available on the Hotmart website.
5.2 Physical Hotmart Card Application Fee:No fee will be charged for the first application for the physical Hotmart Card. After the first application (or additional applications for partners and/or beneficiaries), an application fee will be charged, whose amount will be deducted from the User’s balance. The User may consult the Hotmart website, the Customer Support Center, or other means of communication made available, for information regarding the fees in effect for second requests for physical cards. The amount of the fees may be adjusted at any time, as made available on the Hotmart website.
5.3 Hotmart Cards delivery time:The delivery time for Hotmart Cards is four (4) to sixteen (16) business days; from the time the order is processed, except in cases in which delivery is impossible.
5.4 Technical limitations and specific remuneration:Each operation described herein may have technical limitations and specifications defined by Hotmart, as well as a distinct remuneration, according to the service performed, which will be charged by account debit. The amount of each fee is available to Users in the Applications.
5.5 Rate adjustments:Hotmart reserves the right to adjust the rates at any time, always informing Users in advance, in accordance with applicable regulations, and Users are free to agree to such adjustments or cancel their registration.
6. PURPOSE OF THE HOTMART CARD
6.1. Checking and unlocking the Hotmart Card: Once you have received the Hotmart Card, you are responsible for checking your information. The Hotmart Card will be delivered blocked for security reasons, and the unlocking must be done through the Applications.
6.2. Visa Regulations: You must pay attention to Visa’s ("Card Company") payment regulations applicable to the Hotmart Card ("Regulations") since each Card Company is governed by specific conditions and terms. Thus, when using the Hotmart Card, Users will automatically be subject to the Card Company’s specific regulations, pursuant to Law No. 12.865/2013.
6.4 Responsibility for the use and safekeeping of the Hotmart Card:Users are solely responsible for the use and safekeeping of their physical Hotmart Card. We recommended that Users: (a) keep their Hotmart Card in a safe place, never allowing it to be used by third parties; (b) memorize their password and keep it confidential, avoiding writing it down or storing the password on physical or digital media, and; (c) never write down or store the password together with your Hotmart Card. It is also recommended that Users do not use passwords related to dates or other personal references and that they routinely change their password as a security measure.
7. HOTMART CARD BALANCE AND PAYMENT METHOD
7.1 Available Balance: Only the balance amount already in their Hotmart Account will be available for Users, not including the amounts eventually available for advance.
7.2 Payment method: The Hotmart Card only allows cash payments, not being possible to make purchases in installments. The total amount of purchases will be debited in full from the balance available in the Payment Account do user. If you have no balance available in your Hotmart Payment Account, the transaction will not be made.
7.3 Recurring purchases: You can use the Hotmart Card for recurring purchases or subscriptions, as long as they do not compromise the card's limit..
7.4 Annual Fee: The Hotmart Card does not charge an annual fee. Hotmart reserves the right to charge an annual fee for the Hotmart Card at any time, as made available on the Hotmart website.
8. WITHDRAWAL OF FUNDS MAINTAINED IN THE HOTMART CARD
8.1 Daily withdrawal limits: The Hotmart Card is subject to daily withdrawal limits, depending on the User's profile. Users may refer to the Hotmart website, the Hotmart Customer Support Center, or other means of communication available to Users for information regarding the places available for withdrawals and the prevailing rates.
8.2 Withdrawal fees: Hotmart does not charge any fees for withdrawals using the Hotmart Card. However, ATM companies may charge a fee for 24-hour ATM withdrawals.
9. LOSS OF THE HOTMART CARD
9.1 Loss, misplacement, or theft of the Hotmart Card:In the occurrence of any of these cases, the User must immediately contact any of the Hotmart Communication Channels. Up to the exact date of the request for cancellation, the User is solely responsible for the use of the Hotmart Cards. After the User’s contact, the use and access of the Hotmart Card may be temporarily blocked until the User receives a new username and password. A new Hotmart Card will be issued for the User, and will be delivered within the deadlines informed by the Communication Channels. Additional fees may be charged to generate a new Hotmart Card, and in this case, such fees shall be informed to the User in advance.
10. HOTMART CARD TRANSACTIONS NOT RECOGNIZED BY THE USER
10.1. Hotmart Card transactions not recognized: If the Users does not recognize a transaction made with their Hotmart Card, they should contact any of the Communication Channels within a maximum period of ninety (90) days, and follow the instructions for a Chargeback procedure. The procedure and the documentation required for the Chargeback will follow the rules established by the Card Company and by the Intermediator, so that the Chargeback will only be approved when the error of commercial disagreement is proven, and it is not the sole fault of the User, under the terms of the aforementioned rules. Once the Chargeback is approved, the amount will be credited to the Payment Account do User, within the period established by the Intermediator.
10.2 Cases allowed for chargeback: The User acknowledges and agrees that the chargeback procedure will only occur for transactions made using the Hotmart Card. Chargeback procedures will not be accepted for transactions made through the Applications, and that have been made by using the correct username and password.
11. USER CANCELLATION OF THE HOTMART CARD
11.1. Requesting for cancellation: The User may request, at any time, the cancellation of their Hotmart Card, upon request through the Communication Channels. Once the User has requested the cancellation, their Hotmart Card will be blocked and can no longer be used.
12. CANCELLATION OF THE HOTMART CARD, BY HOTMART, THE INTERMEDIATOR OR THE PAYMENT INSTITUTION
12.1. Motivated cancellation of the Hotmart Card services:Hotmart, the Intermediary, or the Payment Institution, may cancel the provision of the Hotmart Card Services immediately, by notifying the User in the following cases:
(ii) If transactions are verified as being outside the use pattern, and the User fails to comply with the request to send new documents to prove the regularity of these operations, and
(ii) In case of death of the User.
12.2.1 Cases in which suspension and/or blocking of the Hotmart Card may occurHotmart, the Intermediary, and the Payment Institution, may interrupt the use of the Hotmart Card under the following circumstances: (a) User request for cancellation or block for any reason; (b) User’s report of loss, theft or misplacement to Hotmart; (c) cancellation or blocking by judicial order, the Central Bank of Brazil or any other competent government agency; (d) cancellation by the Payment Institution if it verifies transactions outside the use pattern; (e) User’s incorrect entry of the password for three (3) times, and the unblocking shall be made through Hotmart; (f) expiration of the period of validity indicated on the Hotmart Card; and, (g) cancellation, in the event the Hotmart Card does not present any financial transactions within a period of one hundred and eighty (180) days counted from the last use
12.3. Unmotivated cancellation of the Hotmart Card Services:: The provision of the Hotmart Card Services may also be canceled without motivation at any time after informing the User at least thirty (30) days in advance.
13. HOTMART CARD SERVICES AND FEATURES’ INTELLECTUAL PROPERTY
13.1. Ownership of intellectual property rights: All intellectual property rights related to the Hotmart Card Services, as well as all its features, are the exclusive property of Hotmart, the Intermediator, the Payment Institution, and the Financial Institution, when applicable, and as the case may be, including with regard to its texts, images, layouts, software, codes, database, charts, articles, photos and other content produced directly or indirectly by Hotmart, and by the Intermediator. The Content is protected by Brazilian copyright and industrial property laws. You may not use, copy, reproduce, modify, translate, publish, transmit, distribute, execute, upload, display, license, sell, exploit or reverse engineer the Content for any purpose without the expressed prior consent of Hotmart, the Intermediator, the Payment Institution, or the Financial Institution. Any unauthorized use of the Content will be considered an infringement of Hotmart, the Intermediator, or the Payment Institution’s copyright and intellectual property rights, as the case may be.
13.2 Granting of the Hotmart Card Service license:Hotmart, the Intermediary, the Payment Institution, and the Financial Institution, where applicable, grant you a limited, temporary, non-exclusive, non-transferable, and revocable license to use the Hotmart Card Services only to the extent strictly necessary to perform your obligations and exercise your rights under this Policy. You are prohibited from assigning, sublicensing, donating, disposing, renting, transmitting, or transferring your rights and obligations to third parties, in whole or in part, in any manner, for any purpose, and you are prohibited from adapting, decompiling, disassembling or reverse-engineering the Hotmart Card Services in a manner that violates the rights set forth herein
13.3. Changes of features: Hotmart, the Intermediator, and the Payment Institution reserve the right, at their discretion, and at any time, to change or remove features of the Hotmart Card Services, which are not in line with their interests, as well as to add new ones that provide benefits to the use of the Hotmart Card Services, without any prior notice to Users, and without any compensation being owed; as well as to discontinue permanently or temporarily the Hotmart Card Services, upon prior notice to Users and without any compensation being owed.
13.4 Third-party advertising: All third-party advertisements, offers, promotions, trademarks, text, and content posted through the Hotmart Card Services, are the property of their respective owners, and the misuse of any content or trademarks displayed on the Hotmart Card Services is expressly prohibited.
14. SECURITY AND HOTMART CARD ISSUER’S LIMIT OF LIABILITY
14.1. Establishment restriction: Hotmart, the Intermediary, or the Payment Institution cannot be held liable, under any circumstances, for any restriction from the establishment, for whatever reason. Any complaints related to the non-acceptance of the Hotmart Card should be directed exclusively to the establishment where the purchase is being made.
14.2. Responsibility for the use of the Hotmart Card: The User is solely and exclusively responsible, before the Intermediary, Payment Institution, and any third-party companies, for the use of the Hotmart Card. The User shall not authorize any third party to use their Hotmart Card and shall be solely responsible for maintaining the secrecy of their password, which is personal and non transferable.
14.3. Responsibility for transactions made with the Hotmart CardNeither Hotmart nor the Intermediary, Payment Institution, or Financial Institution, where applicable, is responsible for transactions made by Users with the Hotmart Card, since they are not a part of any purchase and sale transaction with the Establishments.
14.4. User responsibilities in the use of the Hotmart Card: It is the sole responsibility of the User to: (a) keep their device’s environment used to access the Hotmart Card Services secure, availing him/herself of specific tools for this purpose, such as antivirus, firewall, among others, so as to contribute to the prevention of electronic risks; (b) use updated and efficient operating systems for the full use of the Hotmart Card Services; and (c) equip and take responsibility for the hardware devices necessary for the access to the Hotmart Card Services, as well as for their access to the internet.
14.5. Hotmart communications: All communications made by Hotmart to the User must be through the User's Account or email address indicated at the time of registration. It is the User's duty to configure the anti-spam systems so as not to interfere with the receipt of communications. The responsibility for receiving and viewing the communications belongs solely to the User.
14.6. Platform failures or those resulting from third parties: In view of the inherent characteristics of the internet environment, the User acknowledges that neither Hotmart nor the Intermediary, the Payment Institution, or the Financial Institution, when applicable, shall be liable for platform failures resulting from circumstances beyond its will and control, whether or not caused by unforeseeable circumstances or force majeure, such as lost, incomplete, invalid or corrupted information; the interventions by hackers and malicious software; technical failures of any kind, including, failures to access or of site navigation resulting from internet failures in general, power outages, electronic and/or physical malfunction of any network, connection interruptions or suspensions, and User software and/or hardware failures; scheduled downtime for maintenance, updating, and configuration adjustments of the application services; human errors of any other kind that may occur during information processing, being exempt any liability arising from such facts and/or acts.
15. HOTMART CARD USE RESTRICTIONS
15.2. Prohibited use of the Hotmart Card: It is strictly prohibited to use the Hotmart Card in the following cases: (a) for the payment of promissory notes; (b) transactions that are not within the standards established in this Policy; (c) any transaction that implies, directly or indirectly, in the transfer of funds to countries other than Brazil; (d) payment of labor expenses; and, (e) other transactions subject to prior registration or authorization by the competent authorities.
16. CONDITIONS OF USE OF THE HOTMART CARD
16.1. Hotmart omission or forbearance: Any omission or forbearance with respect to the obligations undertaken in this Term shall not be deemed as contractual novation or waiver, nor shall it hinder the right of the Intermediary, the Payment Institution and/or Hotmart to demand them at any time.
16.2. Veracity of the User's information: The User declares that all the information provided at the time of the request, unblocking of the Hotmart Card, or at any other time in which the User has provided personal data and/or other information, is true, and must keep Hotmart informed of changes in registration data, and is responsible for all the consequences resulting from failure to comply with this obligation.
16.3. Money laundering crimes: Hotmart, or the Intermediary and the Payment Institution, shall report to the Central Bank of Brazil, the Council for the Control of Financial Activities, or other agencies that the law provides for, any transactions that may fall under Law 9.613/98 (which provides for the crimes of "laundering" or concealment of assets, rights and values) and other legal provisions pertinent to the matter. The credits available in Hotmart Payment Accounts and Hotmart Cards may be blocked by court order, by Hotmart, and/or by the Payment Institution.
16.4. Amendment of the Terms:Hotmart and/or the Intermediator and Payment Institution may change, at any time, the conditions of use of the Hotmart Cards, contained in this Term, aiming at the improvement and enhancement of the services provided. Any amendment to this Policy shall be communicated to the User, by any means, and/or published on the Hotmart website. If the User does not agree with the content, the User may cancel the respective Hotmart Card with Hotmart.
16.5. Implied acceptance: Failure to cancel or use the respective Hotmart Card after communication of amendments implies in the acceptance of the new Hotmart Card Policy conditions for Brazil.
16.6. Assignment: Hotmart, the Intermediary, and the Payment Institution may, at any time, assign any of its rights and obligations, under this Policy, to any person, whether natural or legal, upon simple prior notice to the User, hereby being understood that the assignee shall continue to comply with all obligations assumed by Hotmart, the Intermediary, and/or the Payment Institution, as the case may be.