The Rent a Local Friend intermediation de negócios ltda. [Business Intermediation] (“RLF”) presents here the Terms for Use and Browsing Conditions for its Portal, to be complied with by visitors and users of the site, under penalty of all sanctions contained in prevailing legislation.
This Data Platform (“Platform”) offers the users the possibility of exploring the data provided by RLF as a ‘personal concierge’, that is, the Platform explores data supplied by the parties interested in publicising it, introducing individuals who share common interests.
The RLF is a social network aimed at introducing people with common interests and who want to spend time together and/or visit places together, especially in cross border relationships and is not a travel agency. The Local Friends 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 the Brazilian Tourism Authority - EMBRATUR - and with the Brazilian Department of Tourism. Fees that may be charged will serve solely and exclusively to cover operating costs.
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 folder.
Spider Application: Software developed to automatically mine information in the internet, in browsing the Web as if the user were a spider.
RLF: Acronym used in these Terms for Use and Browsing Conditions to identify the holder and owner of this Data Platform, namely company Rent a Local Friend intermediation de negócios ltda., a limited liability partnership, with Corporate Taxpayer Registration Number - CNPJ/MF - , headquartered at Av. Jornalista Tim Lopes, 255, Block 09, flat 603, borough of Barra da Tijuca, 22640-105 Rio de Janeiro, RJ.
Access Account: Credentials of a registered client that allows one access to the restricted area and to exclusive features, and that is defined by an username and password.
Clients: Visitors, Users, and Local Friends
Layout: Appearance, design, and Platform flows.
Link: Terminology for Web address.
Local Friend: Individual registered with the Platform. The Local Friends 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: Use name chosen at the time of registration, which grants access to exclusive features of the Platform.
Logon: Act of a client registered, to enter the user area in the Platform with a login name and password.
Logs: Records of activities carried out by visitors to the Platform.
Data Platform or Portal: Online platform that will be accessed by a Web address via the login and password provided by RLF to the Client at http://www.rentalocalfriend.com and its sub-domains.
Password: Set of characters that serves as digital proof of identity of the user, who will be the sole person to know it.
Site: Name for Web pages.
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 RLF.
Webmastering: Entails the creation, programming, development, control and availability of Web pages.
1 – Access and Restrictions to functionality:
1.2 The RLF 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, and is neither related to EMBRATUR nor to the Brazilian Department of Tourism.
1.3 We are a social network aimed at approximating people with common interests and who want to spend some time together and explore cities with other itineraries, such as bars, restaurants, tourist sites and other authentic public places. We also mean to intermediate relationships between the parties in a different manner to visit and explore.
1.4 The itinerary of the User will be prepared by the Local Friend, based on their interests selected in the Platform and some suggestions for preferred locations.
1.5 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.
1.6 Clients are not authorised either to carry out or to allow the carrying out of reverse engineering, translation, de-compiling, modifying, reproducing, renting, sub-licensing, publishing, disclosing, transmitting, lending, distributing or in any other way allow the use of the consultation tools of this Platform and of its functions.
1.7 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.
1.8 It is the burden of the visitors, Local Friends and Users to bear the costs needed to browse this, including Web access.
2 – General Information on the Site and its Operation:
2.1. This Platform is presented to registered clients ‘as is’, and may undergo constant improvement and updating, and the RLF is in no way bound to keep its structure or layout, if not for its own convenience.
2.2. The RLF 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.
2.3. The RLF 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.
2.4. 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.
2.6. The RLF 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.
2.7 All the communications between Users and Local Friends are kept within the Platform message board for the purposes of security and cryptography. Following the payment of a booking fee, the User will be granted access to the data of the chosen Local Friend, such as cell phone number and other data.
3 – RLF communications with its clients:
3.1 The RLF will use the email and data provided by Local Friends 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.
3.1.1 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 RLF and keep it updated.
3.1.2 It is equally a responsibility of the clients to have their anti-spam mechanisms configured so not to interfere with the receiving of RLF communications and materials, with no excuse being acceptable in the event of email being blocked by them or by a similar filter.
4 – Privacy of visitors and users in the Data Platform:
4.1 The RLF 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.
4.3 Should any provision of the Policy on Privacy conflict with any other of the present document, the text of the more specific one shall prevail.
4.4 RLF reserves the right to monitor all messages exchanged on the platform for the sake of facilitating communication and booking processes between the Local Friend and the Visitor.
5 – Obligations of the Platform:
5.1 The RLF accepts the following obligations with its clients:
5.1.1. 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.
5.1.2. 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.
5.1.3. To display its functions in a clear, full, precise and sufficient manner so to provide an exact perception of the operations carried out.
6 – Obligations of the Client:
6.1 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.
6.2 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.
6.3 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 RLF to prevent the occurrence of damages that could be of difficult repair.
6.4. 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.
6.5. When providing data and information to RLF, 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.
6.6 In the event damages are caused to the Platform or to third parties, the party responsible accepts to all the obligations to indemnify the party damaged, with RLF being exempt of such damages.
6.7 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.
6.8 To commit no to use any kind of image, improper language, or language of a sexual connotation, or to go against the rules of good customs.
6.9 To produce in up to thirty (30) calendar days, counted from the date of registration a valid Brazilian identity document, as well as valid proof of residence in the country.
7 - Platform copy rights and intellectual property:
7.1 The commercial use of the name ‘RLF’ 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 RLF and are protected by the laws on copyright, trademarks, patents, and industrial models and designs.
7.2 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 RLF, 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.
7.3 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, without the prior and express consent of RLF, with only the permission to print copies for internal use, with no separation of the parts that would allows the faithful and actual understanding of its contents and goals.
7.4 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.
7.5 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 RLF. 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.
7.6 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.
7.7 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.
7.8 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 RLF to the right of others.
7.9 The photographs and images used in this Platform may not reflect their original size or present status of the scenario reproduced, being merely illustrative.
7.10 The meeting that intermediated by the Rent a Local Friend will be characterised only as something whose reservation is made by the Portal itself or directly with some team member.
7.11 The RLF 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.
8 – Platform Functions:
8.1 The RLF provides a domain in its Platform that is geared to providing information on cities and people interested in sharing their experiences with visitors from other countries or cities.
8.1.1 Apart from providing information, the Platform has a message board where people can exchange information, but the Rent a Local Friend ensures the privacy of all until a booking is made, with a minimum payment of thirty per cent (30%) of the total cost of the tour. After the payment, the following data on the Local Friend is provided: email, cell phone number and Skype address to facilitate the communications on the tour that has been agreed upon between the Parties in the Platform message board.
8.2 With the intermediation done in the Platform, the User will pay an amount to RLF. The Local Friend will receive seventy per cent (70%) of the amount and thirty per cent (30%) will be with RLF.
8.2.1 The amount paid by the User will be defined by the Local Friend. The RLF established a minimum of US$ 50 price charged by the Local Friend.
8.2.2 The percentage withheld by RLF is aimed at guaranteeing the allocation of the Local Friend to the User.
8.2.3 In case the Local Friend misses the Local Experience, the booking fee, equivalent to 30% (thirty percent) of the total amount, will be refunded to the Visitor. In this case the platform reserves the right to Inactivate your profile without any refund.
8.2.4 In case the Visitor misses the Local Experience, the booking fee he already payed, equivalent to 30% (thirty percent) of the total amount, won’t be refunded. The money will be split between RLF and the Local Friend.
8.3 There is no limit to the number of people that participate, but small groups of up to six (06) people will have a better chance to enjoy the concept in a more appropriate manner.
8.4 Only people over 18 (eighteen) years of age may take part.
8.5 The RLF does not guarantee the User the undertaking of any tour with the Local Friends, and only offers the intermediation platform via a social network that aims at approximating people with common interests.
8.5.1 The RLF does not offer the indication of any specific Local Friend to make the tours. The options of Local Friends are shown in the Platform according to the search and selection criteria of the User, and the RLF does not accept responsibility for the choice of the User.
8.6 The Users and the Local Friends should decide beforehand the details of the visit via the Platform. We recommend that the itinerary defined is kept as planned to avoid inconveniences.
8.7 The RLF does not provide any kind of health or travel insurance and is not responsible for any problem the User or the Local Friend may have in this sense.
8.8 The RLF 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.
8.9 If the User made a reservation with less than forty-eight (48) hours notice, he/she will be directed to the first Local Friend available in the city of choice.
8.10 If the first Local Friend chosen by the User is not available on the date selected, the reservation will be directed to a Local Friend with a profile similar to that of the one initially chosen. The User will be linked directly to the Local Friend that is available for the User at the time.
8.11 The User is free to choose the means of transportation one prefers, from the options presented by the Local Friend, and the User should bear such transportation costs.
8.11.1 The RLF recommends that ALL the details are arranged between the parties prior to finalising the definition of the tour, especially, but not being limited to the transport, cost of tickets and entrance to venues, as well as meals. The RLF is not responsible for any of the parties in this aspect.
8.12 Except as otherwise and previously agreed, the meals will be the full responsibility of the User and the Local Friend will indicate options with an average price for cafés and/or restaurants. The User may offer meals to the Local Friend or request that the meeting occurs after the meals.
8.13 The RLF intends to create relations of friendship, being certain that the Local Friend should never be asked to procure illegal drugs or any kind of means of prostitution.
8.14 The hosting fee of the profile page is valid for 12 months and refundable only within 7 days after the payment
9 - Limitation of liability
9.1 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 RLF 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 RLF does not guarantee the precision or integrity of the information, texts, graphs, links and other items contained in the materials.
9.2 The RLF 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.
9.3 The RLF 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.
10 - Inexistence of connection
This Platform does not create any relation of a labour, civil or welfare nature between the RLF and the Local Friend, and these cannot be assumed given the nature of its social network aimed at approximating people that have common interests.
11 - Information items sent by users and collaborators
11.1 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 RLF.
11.2 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 RLF reserves itself the right to restrict the access to information sent by third parties to their users.
11.3 The RLF 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 RLF is not responsible for the contents of any of the information items exchanged between the users, be them licit or not.
12 – Client Services in the Platform:
12.1 The RLF provides the channels for direct communication with its clients in its Platform, on the contact telephones given on the main Platform page or via the email firstname.lastname@example.org
13 – Modifications to these Terms and Conditions:
13.2 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.
14 - Policy on Privacy:
14.1 Our Policy on Privacy describes the information items we collect via the browsing of the RLF and in its use.
14.2 Our interest is that the client feels safe with the RLF, in the use of the Platform and, for that, we follow the legal and technical recommendations provided by the appropriate bodies.
14.3 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.
14.4 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.
14.5 We use the information we collect in all our services to provide, maintain, protect, and improve these services, develop new ones and preserve the RLF and our clients. We also use this information to offer specific contents – the most relevant results from research and adverts.
15 – General Provisions:
15.1 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 RLF does not subscribe to the prostitution of men and women through any media and rejects all manners of co-opting people for sexual purposes.
15.3 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.
15.4 This Platform uses the Brazilian Standard Time of the federal capital city of Brasilia.
15.5 We kindly request all Local Friends to upload a profile picture, a valid ID with photo and estimate a minimum work fee of US$ 50 at your profile page. In case these information is not made available within 30 days from your subscription we reserve the right to turn your profile offline until you update it.
15.6 In case the Local Friend does not respond to more than 3 requests, the platform reserve the right to turn the Local Friend's profile offline until he/she manifests the desire to actively participate. Our support is always available to the community
15.7 In case Local Friends need to receive a refund from RLF the only available gateway is Paypal.
16 – Applicable Law, Jurisdiction and Venue:
16.1 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.