WE HIGHLIGHT THAT THE COMPLETE UNDERSTANDING AND FULL READING OF THIS DOCUMENT IS EXTREMELY IMPORTANT.
|CHAPTER I||GENERAL CONDITIONS|
|CHAPTER II||HOW TO USE|
|CHAPTER III||ACCESS AND FUNCTIONALITY RESTRICTIONS|
|CHAPTER V||DISCLAIMER OF WARRANTIES|
|CHAPTER VI||LIMITATION OF LIABILITY|
|CHAPTER VII||INACTIVATION, DOUBTS AND SUGGESTIONS|
|CHAPTER VIII||SOFTWARE ENGINEERING|
|CHAPTER IX||INTELLECTUAL PROPERTY|
|CHAPTER X||FINAL TERMS|
|CHAPTER XI||APPLICABLE LAW AND JURISDICTION|
– GENERAL CONDITIONS-
1.2. Operation. THE IFRIEND is a marketplace platform that mediates business between travelers (USERS) and local guides (called IFRIENDS) that can be amateur or professional. IFRIENDS may charge a pre-specified amount to accompany USERS on tours through their respective cities using the Platform.
1.3. Subjects. Only USERS and IFRIENDS older than 18 (eighteen) years old may register for THE IFRIEND.
1.3.1. BRAZIL: Personal data of children and adolescents under 18 years of age should be treated differently according to article 14 of the LGPD.
1.3.2. UNITED STATES OF AMERICA: Personal data of persons under 16 years of age cannot be transacted, according to CCPA Section 1798.120.
1.3.3. EUROPEAN UNION: The processing of personal data of persons under 16 years of age depends on the consent of the legal guardians in accordance with Article 8 of the GDPR.
1.4. Membership and Acceptance. By this instrument, USERS and IFRIENDS agree that:
1.5. Violation of the Terms. In the event of a USER or IFRIEND failing to comply with any of the conditions set forth herein, THE IFRIEND reserves the right to terminate their respective accounts and suspend or terminate their access to the Platform without prior notice.
1.6.1. Any modifications made by THE IFRIEND to the platform which will be effective immediately upon posting online.
– HOW TO USE –
2.1.1. Contracting. After the contact between the USER and IFRIEND, if there is compatibility between both subjects, they could start the contracting process through THE IFRIEND Platform.
2.1.2. Payment. USER will make payment through Paypal Platform (www.paypal.com) which will be responsible for storing this financial data and issuing invoices to customers.
2.1.3. Issuance of Invoices. THE IFRIEND Platform also provides services to IFRIEND and undertakes to issue invoices to IFRIEND upon first acceptance of the reservation.
2.1.4. Experience Evaluation. The USER and IFRIEND may evaluate each other.
2.1.5. Right to Retract. USER has up to 72 hours prior to scheduled booking date to request cancellation of service and receive 100% of the amount paid. THE IFRIEND Platform will discount the PayPal fee. After 72 hours, reservation fee (25%) and service fee (5%) will not be returned to the USER and will be retained on the platform to cover any operating expenses upon request to THE IFRIEND at firstname.lastname@example.org,
2.2. Registration Failure. The USER or IFRIEND, in order to use the Platform Services, must provide the information required above at the time of registration.
2.3. Third Party Registration Usage. Platform registrations are individual and non-transferable, and THE IFRIEND must be notified immediately of any unauthorized use of the USER or IFRIEND account in a timely manner. THE IFRIEND will not be liable for any damages or damages arising from the use of a “login” and password by a third party, with or without the USER‘s consent.
2.5. Platform obligations. It is the obligation of THE IFRIEND:
2.6. Probity. USERS and IFRIENDS declare, by consenting to this document to use the Platform, that they are of good standing and are aware that false or misleading registration information recorded or provided during the electronic service procurement process may constitute a criminal offense.
– ACCESS AND FUNCTIONALITY RESTRICTIONS –
3.1. Restrictions. It is not permitted to access THE IFRIEND programming areas, its database or any other set of information that is part of the webmastering activity, perform or allow any kind of reverse engineering, translation, decompilation, copying, modification, reproduction, lease, sublease, sublicense, publication, disclosure, transmission, loan, distribution or otherwise, the provision of consultation tools on this website and its functionalities to third parties without the express prior permission of THE IFRIEND without prejudice to the obligation to repair the damage they cause. This restriction includes any attempt to incorporate any platform information into any other directory, product or service.
– COMPENSATION –
4.1. Compensation. IFRIEND may stipulate the hourly rate as a local guide charged to the USER, who will be subject to moderation of THE IFRIEND Platform.
– DISCLAIMER OF WARRANTIES –
5.1. Availability. The Platform is available for the use of the USER as it is offered. THE IFRIEND accepts no responsibility for implied warranties of merchantability, fitness for a particular purpose and financial return. In addition, THE IFRIEND does not guarantee that services will be provided without interruption or error. USER accepts that all risk arising from the use of THE IFRIEND is at its own risk.
– LIMITATION OF LIABILITY-
6.1. THE IFRIEND will be solely responsible for the services it provides.
6.1.1. THE IFRIEND reiterates that it does not constitute with any of the platform USERS: (i) partnership, association or representation; (ii) rendering of any service other than the subject matter of this particular instrument, and/or (iii) employment relationship.
6.2. Liability. THE IFRIEND will not be responsible for any loss or damage suffered as a result of: (i) any wrong or incomplete information provided by a USER or IFRIEND; (ii) any fraud, misrepresentation or breach of duty, or breach of any of the conditions by a USER or IFRIEND; (iii) connection failures; (iv) problems in data processing due to third party faults; (v) by USER or IFRIEND actions on the system, types of data viewed or reports generated by them.
6.3. Violation of Third Party Rights. THE IFRIEND will not be liable to any USER or IFRIEND for any violation of third party rights.
6.4. Damages. THE IFRIEND won’t be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including personal injury or property damage, related to or otherwise resulting from any use of the Platform by the USER or IFRIEND may suffer due to actions taken or not performed through it, even if arising from the conduct of third parties.
– INACTIVATION, DOUBTS AND SUGGESTIONS –
7.2. Prohibited Conduct. In order to maintain trust and respect on the Platform, illegal acts or acts incompatible with the proposal to ensure the provision of quality services will be prohibited. Thus, THE IFRIEND can suspend or deactivate the USER registration and perform any of the hypotheses listed below:
– SOFTWARE ENGINEERING –
8.1. Upgrading. USERS agree that any system, platform or service, regardless of its producer or characteristics, is a kind of product that is always being updated and perfected, constantly and unconditionally having aspects to be improved, which cannot be considered itself as failure or defect.
8.2. Failures. Eventual malfunctions of the Platform will be corrected as soon as possible for as long as necessary for maintenance. THE IFRIEND does not intend that the operation of the Platform server, its system, its database, its software and its website is free of errors, failures or interruptions.
– INTELLECTUAL PROPERTY –
9.1. Use of Intellectual Property. Commercial use of the terms «THE IFRIEND«, «IFRIEND» or «IFRIEND«, as a trademark, company name or domain name, and the logo are the sole property of THE IFRIEND owners, as provided in their respective articles of incorporation. Similarly, copyrights and other rights that may be protected by industrial property as a structure, the contents of the Platform screens, as well as the related programs, software, website, databases, networks and files. All rights are protected in Brazil and internationally by international copyright laws and treaties, trademarks, patents, models and industrial design. The owners of THE IFRIEND reserve all rights to copyright, trademarks, patents, models and industrial design, whether owned or licensed to you.
9.1.1. It is not allowed to reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the content of the Platform for commercial purposes without the prior written consent of THE IFRIEND owners. The use of data mining, robots, or other data collection and extraction tools to extract, in isolation or recurrently, any substantial portion of the Platform for reuse is strictly prohibited.
9.2. Relations with Third Parties. The Platform may provide access to links of other websites, which does not mean that these websites are owned or operated by THE IFRIEND. As it has no control over these websites, THE IFRIEND will not be responsible for the content, practices and services offered on them. The presence of links to other websites does not imply THE IFRIEND‘s partnership, supervision, complicity or solidarity with those sites and their contents.
– FINAL TERMS –
10.2.Warnings. Without prejudice to other reasonable measures, THE IFRIEND may warn, temporarily or permanently, and may suspend, at any time, the access a USER or IFRIEND to the Platform,if:
– APPLICABLE LAW AND JURISDICTION –