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Terms of Use

TERMS FOR USE AND BROWSING CONDITIONS AND POLICY ON PRIVACY FOR THE IFRIEND

The iFriend Intermediação de Negócios Ltda. (“The iFriend”) presents here the Terms for Use and Browsing Conditions and Policy on Privacy of site, as well as its privacy policy, rules that must be respected by its visitors and users, under penalty of appropriate sanctions.

This Data Platform offers the users the possibility of exploring the data provided by The iFriend as a ‘personal concierge’, that is, the Platform explores data supplied by the parties interested in publicising it, introducing individuals who share common interest.

The iFriend  is a social network aimed at introducing people with common interests and who want to change experiences and/or visit places together, especially in cross border relationships in order to encourage the cultural/social exchange among Brazilians (from several districts of the country) and foreigners, in other words, we are not a travel agency.

iFriends  are people who want to socialise with others who have common interests and do not have remunerated jobs as guides. Thus, we are not connected with EMBRATUR and with the Brazilian Department of Tourism. Fees that may be charged will serve solely and exclusively to cover the platform operating costs.

These Terms of Use present the general conditions of use of The iFriend services (site www.theifriend.com_or app iFriend), so that when enrolling, the user accepts the use conditions and other iFriend privacy policies.

Definitions:

In these Terms of Use and Conditions the following definitions below mean:

Anti-Spam: System that prevents the acceptance of unsolicited mail, such as mass messaging, through the blocking of messages or their moving to a specific folde

iFriends: iFriends are people located in different cities in the world who wish to socialise with others that have a different culture and to share interests in their free time. They should be of legal age, and bear a valid identification document, not having any criminal record and not being users of illegal substances, with a fixed address in the city they are registered to ‘represent’.

Login: User name chosen at the time of registration, which grants access to exclusive features of the Platform.

The iFriend: Acronym used in these Terms for Use and Browsing Conditions to identify the holder and owner of this Data Platform, namely company The iFriend Intermediação de Negócios ltda, a limited liability partnership, with Corporate Taxpayer Registration Number – CNPJ/MF -[089749370001.34], headquartered at Av. Presidente Vargas, nº 590, sala 1010, Centro, Rio de Janeiro, RJ, CEP: 20071-000.

Customers: Visitor(s), User(s) and iFriend(s)

iFriend(s): Individual registered with the Platform. iFriends are people who wish to socialise with others that have a different culture and common interests and wish to share these interests in their free time. They have different professions and are located in different cities of Brasil and other countries. They should be of legal age, accept the conditions of the terms for use and bear a valid identification document, not having any criminal record and not being users of illegal substances, with a fixed address in the city they are registered to ‘represent’.

Visitor: Any person that visits the Portal.

User: Persons that access or interact with the activities offered by the Portal through the Login and Password provided by The iFriend.

Site: The site  HYPERLINK “http://www.theifriend.com” www.theifriend.com.

Personal Information: Information provided by the user or iFriend when registering in the site.

1 – The iFriend Goals

1.1. The iFriend has the following goals: (i) register in its databases some Users, Customers and iFriends information; and (ii) introduce iFriends, Users and/or Customers, in order to provide contact and social/cultural exchange among them

2 – Registration

2.1. The iFriend services should be used only by persons who are legally capable of entering into binding contracts. Therefore, persons who are unable to have this capacity, are not allowed to use this service, including, but not limited to: minors, banned persons, persons who were disabled by the site, temporarily or definitely, being the User, Customer and iFriend aware of theCliente e iFriend cientes das penalties established by the Civil Code, especially those established in the articles 166, I; 171, I and 180..

2.2. Only capable individual persons of legal age are allowed to register in the site.

2.3. Each User and/or iFriend must have only one register in the site. In case we identify, through the verification of data system, doubled registers, there will be the definitive non-qualification and disability of all the registers associated to the same person, independently of any warning or notification to the User and/or iFriend.

2.4. The establishing of the User and/or iFriend subscription will be completed when the User and/or iFriend fills in all the registration fields and confirms her/his email address. The User/iFriend must provide true, accurate and complete personal information. The User/iFriend undertakes to keep her/his registration data updated, whenever there is an alteration on her/his registration data. The responsibility for providing the communications rests solely with the User and/or iFriend. The User and/or iFriend will be held responsible, respond and guarantee in any given situation, in civil or criminal proceedings, for the veracity, accuracy and authenticity of her/his registration data.

2.5. It is set forth that, once aproved, the subscription of the User and/or iFriend in the site, it will allow the use of The iFriend available services.

2.6. The User and/or iFriend declares that at the time of registering, she/he read, understood, and accepted the current Terms for Use. The site will not be responsible for the correction of personal data provided by its User(s) and/or iFriend(s).

2.7. The iFriend reserves the right to use all the valid and possible means to identify its User(s) and/or iFriend(s) as well as to request additional and relevant data and documents, in order to validate the information provided, including personal data.

2.8. The iFriend reserves the right to request any kind of documentation in order to check the information provided by the User(s) and/or iFriend(s), at any given time.

2.9. When providing data and information to The iFriend, the client accepts to always do so with a commitment to truthfulness and authenticity, under penalty of the application of the sanctions provided by the Law, of indemnifying whoever damage is caused to and to having one’s account in the present Platform terminated. The iFriend, if necessary, may verify the truthfulness of personal data.

2.10. The User(s) and/or iFriend(s) profiles will be authomatically terminated in case of incorrect information, under penalty of the application of the sanctions provided by thisTerm, without any further indemnifying or refund of any nature.

3 –  Access and Restrictions to functionality of the Portal:

3.1. The access to The iFriend indicates the express and non-restricted acceptance of the terms of use described below.

3.2. The iFriend is a social network aimed at approximating people with common interests and who want to spend time together and/or visit places, that is, it is not a travel agency,  neither it is related to EMBRATUR nor to the Brazilian Department of Tourism.

3.3. We are a social network aimed at approximating people with common interests who want to spend some time together and explore cities with other itineraries, such as bars, restaurants, tourist sites and other authentic public places.

3.4. he itinerary of the User will be prepared by (the) iFriend, based on their interests selected in the Platform and some suggestions for preferred locations..

3.5. Clients are not allowed to access the programming areas of the Platform, its data base or any other set of information items that is part of the Webmaster tasks, under penalty of being subjected to Brazilian Penal Law sanctions and the obligation of repairing the damage that is caused.

3.6. It is also forbidden on this Platform to use of ‘spider’ applications or those for data mining, of any kind or type, and any other that has not been specified here but that acts as a robot, both to carry out mass-scale operations or those aimed at other ends, under penalty of application of Brazilian Penal Law and of repairing the damages produced by such use.

3.7. It is the burden of the visitors, Local Friends and Users to bear the costs needed to browse this, including Web access.

4 – General Information on the Site and its Operation:

4.1. This Platform is presented to registered clients ‘as is’, and may undergo constant improvement and updating, and the iFriend is in no way bound to keep its structure or layout, if not for its own convenience.

4.2. The iFriend endeavours towards a continuous and seamless availability of the Platform, being subjected, however, to extra-ordinary events, natural disasters, failures or collapse in the main communication systems and in Internet access or to facts produced by another party that lay beyond its realm of surveillance and responsibility.

4.3. The iFriend does not accept responsibility for any damage, damages or loss of client equipment caused by system failure, in the server or in the Web connection, even if produced by third-party actions, including the actions of malicious software containing viruses, Trojan horses and others that may in any way damage the equipment or the connection of the clients as a result of the access, use or browsing on this Platform, as well as the transfer of data, files, images, text, and audio or video contained therein.

4.4. Clients do not have the right to demand the availability of the Platform as they would see fit, and may not demand indemnification or repair for damages should this Platform become unavailable, no matter the reason.

4.5. The iFriend has no responsibility for the browsing activity of the clients in the use of external links as provided by the Portal, as the latter should read the Terms of Use and Policy on Privacy of the site accessed and act as determined. Should any damage or loss occur, the clients will be held as the main parties responsible, as a safe browsing practice rests with them, with theiFriend just pointing the link, with the client being responsible for the visit or not, to the site.

4.6. The iFriend has no responsibility for the actions practised by its clients in the domain offered by the Platform, with each one being liable according to the quality of one’s use of the Platform

4.7. Following the payment of a booking fee, the User will be granted access to the data of the chosen iFriend, such as cell phone number and other data.

5 –  The iFriend communications with its clients:

5.1. The iFriend will use the email and data provided by iFriends and Users in other social networks as main communication channels with its clients, such as Facebook, as advised during the interaction with the site, in its most diverse modalities, which does not exclude the possibility of using other means to such end, provided they are advised.

5.1.1. The responsibility for receiving the communications rests solely with the Client and, for that, it is vital that the Client should always provide correct and precise data to the iFriend and keep it updated.

5.1.2. It is equally a responsibility of the clients to have their anti-spam mechanisms configured so not to interfere with the receiving of The iFriend communications and materials, with no excuse being acceptable in the event of email being blocked by them or by a similar filter.

6 –Privacy of iFriends, visitors and users in the Data Platform:

6.1. The iFriend  has a proprietary document, namely a Policy on Privacy, that regulates the treatment given to the registration data and other information items and data collected on this Platform.

6.2. The Policy on Privacy can be accessed via the link: https://theifriend.com-politica-de-privacidade

6.3. All information or personal data supplied by Users or iFriends is stored in servers or high security magnetic media. The site reserves the right to adopt necessary measures to keep confidentiality and safety of this information, however, the site cannot be held liable for any damages caused by the breach of these measures by third parties who use public networks or the internet upending security systems to access users personal data.

7 – Obligations of the Platform:

7.1. The iFriend accepts the following obligations with its clients:

7.1.1. To maintain the virtual domain secure, with the exception of a destructive act that is beyond the efforts made, in which case it will not be responsible for the damages produced by such damaging act.

7.1.2. To preserve the functionality of the site, with active links, using a layout that respects the usability and browsing ability, facilitating the browsing experience whenever possible.

7.1.3. To display its functions in a clear, full, precise and sufficient manner so to provide an exact perception of the operations carried out.

8 –  Obligations of the Clients and Users:

8.1. The clients accept to do their browsing with an ethical intent, always respecting the conditions that rule the use of the Platform and the Commercial Proposition. Bearing the brockerage costs of The iFriend and/or of the Plataform provided by this Term;

8.2. The clients should care for the secrecy and security of their login and password information, as such data on the access account determines one’s digital identity, placing on them the responsibility of authors for all acts practised in their name, even if by third parties who have access to such data.

8.3. Should any incident occur with the login and password data, such as theft, misplacement or still the suspicion of breach of confidentiality as given to them, the client should immediately advise The iFriend to prevent the occurrence of damages that could be of difficult repair.

8.4. Every client with an access account in this Platform accepts to keep one’s registration data always updated, under penalty of civil and criminal action for the damages produced by the lack of precision and exactness of the information stored.

8.5. When providing data and information to The iFriend, the client accepts to always do so with a commitment to truthfulness and authenticity, under penalty of the application of the sanctions provided by the Law, of indemnifying whoever damage is caused to and to having one’s account in the present Platform terminated.

8.6. If damages are caused to the Platform or to third parties, the party responsible accepts to all the obligations to indemnify the party damaged, with The iFriend being exempt of such damages.

8.7. The client should use the resources of the present Platform for the purposes it was built for, under penalty of the application of the penalties contained in the Law, of indemnifying whoever damage is caused to and of having one’s access account in the present Platform terminated.

8.8. To commit not to use any kind of image, improper language, or language of a sexual connotation, or to go against the rules of good customs.

8.9. If you wish to cancel a confirmed booking you must communicate it to the Platform Support Team, not less than three days before the booking date, otherwise, the User will pay 25% of the total amount, equivalent to the service fee. To do so, send an email to supporte@theifriend.zendesk.com

9 -Platform copyrights and intellectual property:

9.1. The commercial use of the name ‘The iFriend’ as trademark, corporate name or domain name, and also of the contents of the Platform screens and others connected information, as well as the programmes, databases, networks, and files that allow an user to access an account are the property of The iFriend and are protected by the laws on copyright, trademarks, patents, and industrial models and designs

9.2. When accessing this Platform, the client and possible visitor accept to respect all the rights to industrial property and those related to the protection of trademarks, patents and/or industrial designs, as deposited or registered by The iFriend, as well as all the rights related to third parties that may be or that may have been somehow available in the Portal. The access to the Platform does not grant any right of use of the names, titles, words, sentences, trademarks, patents, and literary, artistic, and literary-musical works, as well as images, data and information items, amongst others that might be contained or provided in it.

9.3. The use of the Platform is forbidden for commercial and advertising purposes or any other purpose that violates the reality for which it was conceived, as defined in this document and in the Platform. It is also forbidden to reproduce, distribute and disclose, in full or in part, the text, figures, and graphs that make the present Platform up, only with the permission of The iFriend to print copies for internal use, with no separation of the parts that would allow the faithful and actual understanding of its contents and goals.

9.4. The clients accept each and every responsibility, of a civil and/or criminal nature, for the improper use of the information, text, graphs, trademarks, works, images, and each and every right of intellectual or industrial property of this Platform.

9.5. Any other kind of authorised use of material for editorial, commercial or advertising purposes may only be done after the prior, express and formal consent of The iFriend. The clients are aware, pursuant to this item, that the non-authorised commercial use can produce civil and criminal action, as it violates copyright law.

9.6. The use of the material does not authorise the clients to expose third parties, nor create a work of an illegal, defamatory, obscene or immoral nature that may violate the morals and good customs, under penalty of bearing the sanctions applicable according to prevailing legislation

9.7. Any use not covered in the said authorisation will be deemed as a violation of the rights of authorship and will be subject to the sanctions contained in Law No. 9610 of 19/02/1998 which protects copy rights in Brazil..

9.8. The eventual removal of this Platform, as a result of some complaint, of any advertisement, article, video, product, service, new item or photograph reproduced in it should always be understood as a demonstration of our intent to avoid discomfort as related to such matters and never as an acknowledgement of any infraction on the part of The iFriend to the right of third parties.

9.9. The photographs and images used in this Platform may not reflect their original size or present status of the scenario reproduced, being merely illustrative.

9.10. The meeting intermediated by The iFriend will be characterised only as something when reservation is made by the Portal itself or directly with some team member.

9.11. The iFriend reserves itself the right to remove each and every profile it understands to directly or indirectly violate its internal policies, with no prior notice, with no kind of payment being due as indemnification or reimbursement.

10 – Payment, Cancellations and Refund

10.1. After the User makes the payment to the Platform, we reveal iFriend following data: email, cell phone, Whatsapp and Skype, in order to provide an easier contact between the parts. [1]

10.2. iFriend will be paid by the intermediation done in the Platform between User and iFriend, as it follows:

(i)  The User will pay an amount of 5% (five percent) on the service value, and

(ii) iFriend will pay an amount of 25% (twenty five percent) on the service total value. After The iFriend receives the value of the service paid by the User, it will pass it on 75% of the service total value to iFriend, withholding 25% (twenty five percent) on the service total value.[2]

10.2.1. The price paid by the User is specified at reais, equivalent to 10 dollars per hour, at the exchange rate of the day of the deal. The iFriend establishes a minimum of a 4-hour service, which may be extended to until 8 hours.[3]

10.2.2. The remuneration above given, guarantees the rental hired by  iFriend and received by the User.

10.2.3. In case iFriend misses the appointment, whatever has happened, iFriend will contact the Visitor/client in order to try to change iFriend. In case the change is not possible, the price value paid by the visitor/client (booking fee) will be revirsed. In this case, the platform reserves its right to inactivate the profile of the iFriend without any refund to  iFriend.

10.2.4. In case the visitor misses the appointment,  the booking fee paid before will not be returned to the visitor, once the platform has offered its services and  iFriend spared her/his time to go to the meeting place.

10.2.5. The visitor has up to 72 hours before the booking date to cancel a confirmed booking and receive 100% (a hundred percent) of the value paid to the platform, deducting the Paypal tax (the site paying gateway). After this limit, the booking fee equivalent to 25% (twenty five percent) and and the service equivalent to 5% (five percent) will not be refunded to the visitor and will be withheld by the platform to cover additional operational costs. Cancelling must be done through the email supporte@theifriend.zendesk.com

10.3. The limited number of visitors is established at 6 persons. From the third adult on, it is charged an additional value of 30% (thirty percent). Children up to 12 years old do not pay. The children will be under responsibility of their legal guardians.

10.4. If the visitor books on the same day of the meeting, we recommend the reservations of up tp 3 iFriends at the same time, and acceptance of the first iFriend to confirm. When requests are made the same day of meetings,  iFriend(s) has 3 hours to confirm, otherwise there is no reserve.

11 – Limitation of liability

11.1. The materials are provided in this Platform with no explicit or implicit guarantee of commercialisation or adequacy to any specific objective. In no case will The iFriend or its collaborators be held responsible for any damages, including cessation of profits, interruption of trade, or loss of information that stem from the use or the incapacity to use the materials. The iFriend does not guarantee the precision or integrity of the information, texts, graphs, links and other items contained in the materials.

11.2. The iFriend has no responsibility for the contents of the articles and information published, as the text are produced by third parties and do not necessarily express the opinion of the Platform.

11.3. The iFriend is not responsible for the violation of copy rights in the case of information, documents and materials published in this Platform, committing to remove them as soon as it is notified of the infraction.

12 -Inexistence of connection

This Platform does not create any relation of a labour, civil or welfare nature between The iFriend and iFriend, and these cannot be assumed given the nature of its social network aimed at approximating people that have common interests.

13 – Information items sent by users and collaborators

13.1. Any material, information, articles or other communications transmitted, sent or published in this site will be considered as non-confidential information and any violation of the rights of their creators will not be the responsibility of The iFriend.

13.2. It is strictly forbidden to transmit, exchange or publish in the Platform any material of an obscene, defamatory or illegal nature, as well as text or creations of third parties without the authorisation of the author. The iFriend reserves itself the right to restrict the access to information sent by third parties to their users.

13.3. The iFriend may, but it is not obliged to, monitor, search or restrict the access to any area of the site where users transmit and exchange information between them, including, but not limited to, chat rooms, message boards or other debate forums, and may suspend the posting or deny access to any of these information items or communications. However, The iFriend is not responsible for the contents of any of the information items exchanged between the users, be them licit or not.

14 –  Client Services in the Platform

14.1. The iFriend provides the channels for direct communication with its clients in its Platform, via the email support@theifriend.com[4] r to solve problems concerning the booking (cancelling, missing, etc)

15 – Modifications to these Terms and Conditions

15.1. The present Terms of Use and Conditions for Browsing are subject to constant improvement and updating. Thus, The iFriend reserves itself the right to modify them at any time, in an unilateral way.

15.2. When browsing this Platform, the user accepts being guided by the Terms and Conditions for Use of the Data Platform, and by the Policy on Privacy, as in force for such data and should therefore check them at every visit to the Platform.

16 –  Policy on Privacy

16.1. Our Policy on Privacy, that may be accessed on page:  https://theifriend.com -politica-de-privacidade, describes the information items we collect via the browsing of The iFriend and in its use.

16.2. Our interest is that the client feels safe with The iFriend in the use of the Platform and, for that, we follow the legal and technical recommendations provided by the appropriate bodies.

16.3. We use IT security mechanisms that are complete and efficient, from the storing of information, use of cryptography for information items and procedures that range from restricted access to information items, including our own team.

16.4. When registering and browsing the Platform, the user agrees with the use of one’s personal data according to our Policy on Privacy and states one’s consent with it.

16.5. We use the information we collect in all our services to provide, maintain, protect, and improve these services, develop new ones and preserve  iFriends and our clients. We also use this information to offer specific contents – the most relevant results from research and adverts.

16.6. We will request your authorisation before using the information for purposes other than those defined in these Terms of Use and on the Policy on Privacy.

17 – General Provisions

17.1. Only people over 18 (eighteen) years of age may take part..

17.2.  The iFriend  does not guarantee to the User the undertaking of any tour with iFriends, and only offers the intermediation platform via a social network that aims at approximating people with common interests.

17.3.  This Platform has the format of a social network aimed at approximating people who have the sole goal of contacting other cultures and sharing common interests in their free time. The iFriend does not subscribe to the prostitution of men and women through any media and rejects all manners of co-opting people for sexual purposes.

17.4. The iFriend may suspend, at any time and with no prior notice, a Client Profile or Message from its Platform if it detects and identifies any practice that violates the contents of these Terms of Use or that causes damage to The iFriend or third parties, or still if it deems it as immoral or illegal, with no indemnification being payable in this case.

17.5. The tolerance to an eventual non-compliance with any of the clauses and conditions of the present instrument will neither constitute a renewal of the obligations stipulated herein, nor prevent or inhibit their requirement at any time.

17.6.  This Platform uses the Brazilian Standard Time of the federal capital city of Brasilia.

17.7. We kindly request all iFriends to upload a profile picture, a valid ID with photo to post on the profile.

17.8. In case iFriend does not respond to more than 3 requests, the platform reserves the right to turn iFriend’s profile offline until he/she manifests the desire to actively participate. Our support is always available to the community

17.9. In case iFriends need to receive a refund from The iFriend, the only available gateway is Paypal.

18. The iFriend does not accept responsibility for any damage, damages or loss of client equipment caused by system failure, in the server or in the Web connection, even if produced by third-party actions, including the actions of malicious software containing viruses, Trojan horses and others that may in any way damage the equipment or the connection of the clients as a result of the access, use or browsing on this Platform, as well as the transfer of data, files, images, text, and audio or video contained therein.

18.1. The iFriend does not offer the indication of any specific  iFriend to make the tours. The options of iFriends are shown in the Platform according to the search and selection criteria of the User, and The iFriend does not accept responsibility for the choice of the User.

18.2. The Users and iFriends should decide beforehand the details of the visit via the Platform. We recommend that the itinerary defined is kept as planned to avoid inconveniences.

18.3. The iFriend does not provide any kind of health or travel insurance and is not responsible for any problem the User or the  iFriend may have in this sense.

18.4. The iFriend does not accept responsibility for Act of God, force majeure event or any incident produced by the permanence of the User in the city of one’s choice

19 – Applicable Law, Jurisdiction and Venue

19.1. The Terms and Conditions for Use described here are construed according to Brazilian Law, in Brazilian Portuguese, with the election of the Venue of the Judiciary District of the Capital City of Rio de Janeiro, state of Rio de Janeiro, to clear any resulting litigation, issue or doubt, with the express waiver or any other, no matter how privileged it may be.