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Terms of Use

TERMS OF USE

 

Welcome!

 

The use of THE IFRIEND platform will be guided by our terms of use, the rules that shall guide the contractual relationship with the USER.

 

To use the services of the Platform, you must agree to and accept the Terms of Use and Privacy Policy.

 

Definitions:

  • PRIVACY POLICY: document presenting the measures that the Platform uses to take care of your privacy and data.
  • TERMS OF USE: document that presents the rules for the operation of the Platform.
  • THE IFRIEND: Platform that mediates business between the traveler and the local guide.
  • IFRIEND: Local guide duly registered with THE IFRIEND
  • USER: Traveler interested in using THE IFRIEND Platform to connect with local guides who may be professional or amateur (called IFRIENDS).

 

WE HIGHLIGHT THAT THE COMPLETE UNDERSTANDING AND FULL READING OF THIS DOCUMENT IS EXTREMELY IMPORTANT.

 

INDEX

 

CHAPTER I GENERAL CONDITIONS
CHAPTER II HOW TO USE
CHAPTER III ACCESS AND FUNCTIONALITY RESTRICTIONS
CHAPTER IV COMPENSATION
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

 

 

CHAPTER I

– GENERAL CONDITIONS-

 

1.1. Scope. These General Terms and Conditions of Use (referred only as “Terms of Use” or “Terms”) bind all activities and services offered by ‘’THE IFRIEND’’ (so-called hereinafter or simply “Platform”) to USERS. The Platform that is owned by THE IFRIEND Intermediação de Negócios Ltda., registered under brazilian CNPJ/MF nº 31.675.132/0001-47, and is under their responsibility and management.

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:

 

  • Must accept THE IFRIEND Terms of Use and Privacy Policy for the purposes of registration, access control and execution of Platform enhancements;
  • By clicking on the acceptance box of the Terms you must adhere to and agree to be bound by these Terms.

 

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. Amendments. THE IFRIEND reserves the right at any time to modify the Terms of Use, always by sending USER prior notices, without any liability of THE IFRIEND due to:

1.6.1. Any modifications made by THE IFRIEND to the platform which will be effective immediately upon posting online.

1.7. Image Rights. USERS and IFRIENDS freely assign the right to use personal image rights to THE IFRIEND for the creation of digital advertising and will be entitled to request the removal of this content at support@theifriend.com.

 

CHAPTER II

– HOW TO USE –

 

2.1. Journey. Upon registration and acceptance of these Terms of Use and Privacy Policy, USERS may start searching for IFRIENDS who work in the chosen city for the trip, contact them and make a reservation for a set date and time.

 

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 support@theifriend.com,

 

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.

 

2.2.1. THE IFRIEND reserves the right to prevent, at its discretion, new registrations, or cancel those already made, in case an anomaly is detected with serious error or demonstrates deliberate attempt to circumvent the rules described herein. THE IFRIEND will also act in such a manner if you are found to be in breach by the USER of any obligation under the Terms of Use.

 

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.

 

2.3.1. USERS and IFRIENDS shall: (i) Be careful about their personally identifiable information whenever they access the Internet; (ii) Take other measures necessary to protect themselves from damage, including online and offline fraud; (iii) Be diligent in using the content available on THE IFRIEND; e (iv) Strictly comply with all provisions of these Terms of Use.

 

2.4. Subjects Obligations. All USERS and IFRIENDS undertake to abide by these terms of use and the laws governing their use, solely using it for its intended purpose:

 

  1. Do not use THE IFRIEND in any way that affects its availability for use by another USER, or in any way that may damage, disable, or overload servers or networks.;
  2. Do not use THE IFRIEND for any purpose that is unlawful or prohibited by the applicable terms of use and / or rules;
  3. Authorize THE IFRIEND to send email, telephone or instant messaging communications, including advertising;
  4. Act with honor and good will;

 

 

2.5. Platform obligations. It is the obligation of THE IFRIEND:

 

  1. Provide USERS platform services securely and stably;
  2. Keep the platform constantly updated to improve and adapt to the new technologies available.;
  3. Protect the confidentiality of all USER information;

 

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.

 

CHAPTER III

– 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.

 

CHAPTER IV

– 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.

 

CHAPTER V

– 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.

 

CHAPTER VI

– 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.

 

6.5. Indemnity. USERS or IFRIENDS will indemnify THE IFRIEND, directors, officers, employees, representatives and employees for any claims brought by third parties arising from its activities on the Platform, and for non-compliance with the terms of use and conditions and other policies thereof, and for violation of any law or rights of third parties, including attorney’s fees.

 

CHAPTER VII

 – INACTIVATION, DOUBTS AND SUGGESTIONS –

 

7.1. Inactivation and suggestions. In case of account inactivity, questions or suggestions regarding THE IFRIEND Terms of Use or any other information, the USER may contact the administrators via e-mail through support@theifriend.com or Chat.

 

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:

 

  • Promotion of violence and/or discrimination based on issues of race, sex, religion, nationality, sexual orientation or any other kind;
  • Political manifestations;
  • Infringement of intellectual property laws or copyright such as unauthorized copying, use of images, sounds, motions or texts without permission of the author, whether trademarks or falsifications;

 

CHAPTER VIII

– 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.

 

CHAPTER IX

– 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.

 

CHAPTER X

– FINAL TERMS –

 

10.1. Access Cancellation. In the event of a breach by the USER or IFRIEND of any provision of the Terms of Use, the USER acknowledges and accepts that THE IFRIEND may, without prior notice, temporarily or permanently suspend part or all of the access to the Platform.

 

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:

 

  1. a) they do not comply with any of the terms of use or privacy policy;
  2. b) there is a breach any of its obligations or prohibitions by using the Platform services;
  3. d) they use, without permission, the name and / or trademark of THE IFRIEND, in whole or in part, and infringe THE IFRIEND intellectual property rights;
  4. e) their identity cannot be verified or if any information provided by it is incorrect;
  5. f) the hiring outside THE IFRIEND Platform is attempted, considering that if such behavior is repeated 3 times, there will be a permanent block;
  6. g) they misbehave in THE IFRIEND community communication spaces;

 

10.3. Processing of Personal Data. In order for the Platform to be of quality and for the USER to be able to obtain results quickly and securely, it is necessary to provide personal data in accordance with THE IFRIEND Privacy Policy.

 

10.4. Nullity. If any provision of this instrument is held to be unlawful, invalid or unenforceable in whole or in part under any law, that provision or part thereof is to that extent understood to be not part of the Terms of Use, the legality being, validity and enforceability of other clauses will not be affected.

 

CHAPTER XI

– APPLICABLE LAW AND JURISDICTION –

 

11.1. These Terms of Use are governed by Brazilian law, having as defined the jurisdiction of the District of Rio de Janeiro, RJ, as competent to settle any disputes arising therefrom, to the detriment of any other, however privileged it may or may be, Priority should always be given to attempts at self-assembly resolution.

 

Updated: 20/09/2019.