Terms and Conditions
Thanks for using Local!
including but not limited to the use of Platform, any other websites and applications linked to it. By using our services you hereby abide to the following terms and conditions. Any violation will not be tolerated and will result in the swift removal of access from our platform.
b. Local Best Friend – Local Your Best Friend in Town S.A., headquartered in 223 E Flagler St #503, Miami FL.
c. Platform - Online platform owned by Local and hosted under the domain bestfriendlocal.com and available through the website www.bestfriendlocal.com and Local app available in stores applications.
d. User - Individual registered on the Platform, who hires the services offered by the Site.
e. Local – Local citizen, professional and independent, registered on the Platform to offer their services to the User.
f. Parties – Platform, User and/or Local.
2. Registration and Use of the Platform
3. Prerequisites, Documentation and Responsibilities
4. Obligations and Responsibilities
5. No Warranties
6. Lack of Labor Bond
7. Accountability of the amounts of services received on account and Place order 8. Image Rights
10. Platform Fraud
11. Suspension of access or de-accreditation of the Platform
12. Intellectual Property
13. Personal Data Protection
14. Final Considerations
1.1. The Platform was developed to facilitate and provide its User, a unique and truly local experience in the city you are in, through connecting with those who live and deeply know the city, the Place. The Platform is considered a true digital concierge.
1.2. The services provided through the Platform meet the most diverse User needs, such as personal trainer services, tourist guides, restaurant reservations, shows and many others. The services available on the Platform cover the areas of sports, culture, style of life and gastronomy.
1.3. Each Local is contracted directly by the User registered in the Platform, independently, without the Local Best Friend participating in the contract for the provision of services or be responsible for it. Thus, the User acknowledges that the Local Best Friend does not have any responsibility for the service provided by the Site, for the activities developed by it with the Users, or by the conduct of the Parties involved, including the relationship between the User and the Local through the Platform.
1.4. The User and the Local declare their knowledge that the Local Best Friend only provides a virtual environment that allows for approximation and connection between them, so that the User can directly contract the Local for performing services of interest to you, being your sole and exclusive responsibility for hiring this professional.
1.5. In this sense, you, the User, acknowledge and agree that, in the maximum extent permitted by law, remains under your sole responsibility own acts and omissions, as well as all the risk arising from their access and use of the Platform and the hiring of the Site, which is also responsible for their own acts and omissions. This means that you, User, by example: (i) is responsible for treating the contracted Site with cordiality; (ii) to specify the type of service you want from this Local, as well as the period hired and the experiences you want to experience when hiring the services of Platform, with the assistance of this Site; (iii) must act with integrity,
treat others respectfully and comply with local laws at all times; (iv) analyze the service offered by the Site to determine if it is right for you, or that is, by choosing to contract the services of the Site through the Platform, you assumes all risks for the service contracted freely and
1.7. Searches. The User can search the Local using the following criteria:
Through the geoLocal of the devices, the city closest to the User will be listed and in it, the User can search for a Place or an Event through the Map, or through a Carousel of Places and Events located at the bottom of the screen. In addition, the User can select the city through the city carousel in the upper corner of the screen, where the map will be updated according to the chosen city. The User can also click on a city in this carousel and a list of Locals will appear, being an alternative option to the map. There is also the option "search local", where the User can filter by: Name of the Place ("Name"), username of the Place ("user name"), among the active categories of the Locals ("Art & Culture", “Gastronomy”, “Night / Lifestyle” and “Sport / Nature”), and what type of activity the User is looking for (“Local” and “Events”).
1.8. Hiring. By contracting the Site, you agree to pay all fees related to such engagement, including the fee price hours of services and other fees, intermediation rate in the percentage of 20%, plus taxes levied on said activity, as well as all the other items described at the end of the Reserve (collectively, “Total Price”).
1.9. Cancellations, Travel Problems and Refunds. As a rule, if you cancel a service reservation for a Place that has already been made and paid, the amount of your refund, whether due, in part or in full, is determined by the rules. contained in our Cancellation and Refund Policy and also by the policies of the institution of the payment method, which include also the rules for refunds for cancellations caused by force majeure.
In the event that the Site cancels the contracted service or if you have any problem with hiring the service, you can ask for help to perform a new hire or request a partial or full refund of the amount paid, depending on the situation and reimbursement rules.
2. Registration and Use of the Platform
2.1. You must be 12 years or older to use this site.
2.2. You may not post nude, partially nude, or sexually suggestive photos.
2.3. You are responsible for any activity that occurs under your screen name.
2.4. You are responsible for keeping your password secure.
2.5. You must not abuse, harass, threaten, impersonate or intimidate other Local users.
2.6. You may not use the Local service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
2.7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Local service.
2.8. You must not modify, adapt or hack Local or modify another website so as to falsely imply that it is associated with Local.
2.9. You must not access Local's private API by any other means other than the Local application itself.
2.10. You must not crawl, scrape, or otherwise cache any content from Local including but not limited to user profiles and photos.
2.11. You must not transmit any worms or viruses or any code of a destructive nature.
2.12. You must not, in the use of Local, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.13. Violation of any of these agreements will result in the termination of your Local account. While Local prohibits such conduct and content on its site, you understand and agree that Local cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Local service at your own risk.
2.14. By registering on the Platform, you, the User, agree to pay all the fees related to the hiring of the Site, including the price of the service that will be provided and applicable fees, such as the Local Best service charge Friend.
2.15. Upon confirmation of your request on the Platform, a contract of services (“reservation”) is entered into directly between you, the User, and the Site, without any interference or liability from Local Best Friend Local.
2.16. The individual who, provided that they are duly qualified, is theirs only and at their sole discretion are interested in using the Platform to offer its services, can register on the Platform by informing all the data necessary for the perfect completion of the registration and subsequent validation, including the submission of all documents listed in clause 3.1. below. The registration and use of the Platform are free to choose the Local, being the Platform available to any and all Local that complies with the obligations mentioned in this Term of Use.
2.17. When registering on the Local Platform, the Local declares and (i) recognizes who is independent and autonomous, without any employment relationship with the Local Best Friend, and (ii) commits to make available, at the time of the registration on the Platform, copy of the documents requested by Local Best Friend, as provided for in clause 3.4. of this Term of Use.
2.5. The veracity/regularity of the documents and information presented, not being the Local Best Friend in any hypothesis directly or indirectly responsible for any act of the Local, including tort committed by the Local in relation to possible fraud and to unlawful of any other nature, including unlawful acts against third parties.
2.18. For the perfect provision of its services, the Local Best Friend needs to collect, store, transmit and/or make available to third parties the data and information provided by this to the Local Best Friend at the time of your registration. Thus, all information of the Local may be passed on to third parties, including Platform Users who directly contract the Local services. Such information includes, but is not limited to, personal information, Local, full name, profile picture or photo, data referring to your academic background, specialization courses, professional history, data of the vehicle, when applicable, among others, not having a confidentiality clause on such documents and information of the Place, according to the express delimitation.
2.19. The Site declares to be aware that the possible use of its data by third parties, even if improper or that in any way harms you, will not entail any type of liability on the part of the Site, and any measures are taken directly against the third party.
2.20. The Site is aware that the User will be able to evaluate their experience on the Platform, which may include, among others, the User's perception regarding the functioning of the Platform, the quality of the service provided by the Site, as well as requiring that any new hires are not directed to a particular Place.
2.21. In the same way that the Site has the freedom to work or not by the Platform, it may have its services permanently disabled, according to the result of the evaluations carried out by the Users of the Platform.
3. Prerequisites, Documentation and Responsibilities User
3.1. The User is responsible for understanding and complying with all laws, rules, regulations and contracts, as well as declares this Term of Use is signed for the free convenience of the Parties, in respect of the principle of free contracting.
3.2. The User is entirely responsible for any and all acts performed in the use of the Platform that occurs through their login and password. The User undertakes not to provide their access data to the Platform to anyone and, under penalty of having your registration deleted, without prejudice to other sanctions that may be adopted by Local Best Friend.
3.3. The verification of use of login by a third party will lead to immediate termination and exclusion of the User from the Platform’s database, as well as everyone involved, if they are related to the Local Best Friend.
3.4. For validation and completion of the registration of the Site on the Platform, the Local must meet the requirements described below and make available on the Platform the following documents, in order to prove its regularity as Place:
Identification document (CNH or RG containing the CPF number); Updated photo; Criminal record certificate; Proof of enrollment in professional councils (such as CRF, among others) for the provision of services that require professional qualification; Documents that denote notable technical capacity to carry out the proposed activity.
3.5. Under penalty of civil and criminal liability, the Site declares that all the documents and registration information sent to the Platform are authentic, current and true.
3.6. It is noteworthy that this Term of Use is signed by free convenience of the Parties, in respect of the principle of free contracting.
3.7. The Local expressly authorizes the Local Best Friend to perform the issuing electronic receipts on their behalf and in order for the services performed.
3.8. In case the Site has any pending documentation, as listed in clause 3.1, the receipt of new orders for services through the Platform will be suspended until full settlement.
3.9. The Site is entirely responsible for any and all acts performed in the use of the Platform that occurs through login and password. The Local undertakes not to provide their access data to the Platform to anyone and, under penalty of having your registration deleted, without prejudice to other sanctions that may be adopted by Local Best Friend.
3.10. While using the application, proof of Identification of the Place upon presentation of a valid document with photo or image capture, leaving, from now on, authorized to capture the photo of the document or personal image for identity validation. The finding of use of login by a third party will lead to immediate termination and deletion the Local of the Platform database, as well as everyone involved, if have a relationship with the Local Best Friend.
3.11. The Local recognizes and is aware of all responsibilities arising from the provision of services and is aware of all care necessary and reasonably expected of an expert professional of your area, being yours the onus for any and all expenses and losses arising from the provision of the service, exempting Local Best Friend from any liability, since your adhesion to the Platform is free and spontaneous will to optimize their services, with no interference of the Local Best Friend in the provision of its service, which is contracted directly and autonomously by the User.
3.12. Please note that the service contract will be signed exclusively between the Site and the User, without any responsibility of Local Best Friend, including the non-execution or defective execution of the service.
3.14. The Site assumes the obligation to fully support all damages direct or indirect, including, among others, convictions, costs and expenses that may be attributed to the Local Best Friend as a result of acts or Local omissions when performing the service or its relationship with the PlatformUser. The obligation provided herein includes, but is not limited to, any administrative, judicial and extrajudicial proceedings of any nature that are eventually brought or filed against the Local Best Friend, as well as collection of any kind. In the event of these cases, the Site authorizes the withholding of the damages proven.
4. Obligations and responsibilities during the services provision
4.1. The Local, upon accepting the User’s service request on the Platform, undertakes to use its best efforts in carrying out the activities, updating the status of the performance of services through the Platform to monitoring of said activity in real time by the User or final recipient; with science as to its responsibility to (i) send information upon the occurrence of any supervening fact that occurred to the throughout the provision of services; (ii) inform about any complication possibly occurred during the provision of services; (iii) follow the exact instructions contained at the time of hiring; (iv) perform the services in the Local contained in the User’s request; (v) end the service on the Platform; and (vi) update the Local information reliably.
4.2. The Local and the User will be responsible for the incorrect and/or misuse of the Platform;
4.3. The Site will comply with all applicable laws, regulations and standards federal, state and municipal of the place of execution of the services;
4.4. The Local undertakes to act with respect with other professionals registered on the Platform, allowing the peaceful use of the application by all interested parties;
4.5. The Local commits to observe the duty of civic urbanity, complying with the rules of operation and the good coexistence of the establishments who come to visit to perform the services, respecting the Users, employees, third parties and anyone who comes in contact during the application use;
4.6. The Local will indemnify Local Best Friend, its affiliates, affiliates, controlling companies, subsidiaries, directors, administrators, employees, representatives and employees for any damages, losses, liability, claims, lawsuits, losses, demands or expenses, including, but not limited to, attorney’s fees, court fees and loss of suit resulting from improper use of the Platform;
4.7. The Site is aware that failure to comply with the obligations contained herein may result in the exclusion of your profile from the Platform, based on the User’s quality and experience, without prejudice to other applicable sanctions.
4.8. The Site is aware that, in case of divergence in the conclusion of the services, the service in question will not be considered completed and, for this reason, the Site will not receive new services, being contacted for clarify differences through Local Best's specific process
4.9. The Site reserves the right to modify or terminate the Local service for any reason, without notice at any time.
4.11. The Site reserves the right to refuse service to anyone for any reason at any time.
4.12. The Site reserves the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
4.14. The Site reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
5. No Warranties
5.2. Considering that the Local is a professional without any bond employment, the BestLocal Best Friend will not, at any time, responsible for any consequences, losses, lost profits or damages caused to the Local itself and/or any equipment owned by it by virtue of the services provided, whether they are made available and accepted or not through the use of the Platform.
5.3. The Local Best Friend has no direct or indirect liability about any comments or evaluations that may be made available. on the Platform and, therefore, the Local is already exempt from the Best Friend Local any claims, damages or losses arising from these contents, in the terms of clause 5.2. above.
6. Lack of Labor Bond
6.1. As an independent professional who adheres to the Platform for its unique and exclusive will, the Site attests that the Platform and its tools do not are essential for the development of its economic activities and that there is no hierarchical, dependency, subordination or between the Local and the Local Best Friend, being able to freely and without interference by the Local Best Friend with its services, including being able to freely provide services, to whoever wishes to provide, without exclusivity.
6.2. The Parties are fully aware that the relationship between them does not have none of the characteristics provided by law for recognition of the bond employment, in the case of a strictly civil relationship for the provision of services by Local Best Friend in favor of Local as convenient of the Local in relation to these services.
7. Accountability of the values of the services received on behalf of the Site
7.1. Local Best Friend will provide Local Billing service as per provided for in the Payment Terms. Because of this service, it will be monthly withheld a variable percentage of the total value of services performed, and, along with that, the Local Best Friend will issue against the Local a invoice of the withheld amount.
7.2. The Local, then, declares that it is fully aware that the value withheld by the Local Best Friend is variable month to month and calculated as described above, being the percentage value related to the provision of service by Local Best Friend be changed at her sole and exclusive discretion.
7.3. It certifies that the Local is also aware that, in the event of adjustments during the performance of the service or even after, such as inclusion or deletion of points, removal of any undue charge to the User, cancellation with or without minimum charge, contesting the performance of the service by the User, among others, that is, if the situation exposed in the accept any variation without any fault of the Local Best Friend, the value exposed upon acceptance of the service offer may change, The Site cannot claim anything regarding this possible change.
7.4. Local Best Friend reserves the right to, eventually, merely liberality and for a predetermined period, reduce its percentage of commission related to the services provided by it to Local due to promotional campaign.
8. Image Rights
8.1. The Local in this act authorizes the Best Friend Local to make use of its image for use on the Platform, as well as in campaigns and events produced and/or sponsored by Local Best Friend, attesting that you understand as an image any form of representation, including photographic, the audiovisual process that results from the fixation of images with or without sound, which has the purpose of creating, through its reproduction, the impression of movement, regardless of the processes of its capture, of the support used initially or later to fix it, as well as the means used for your broadcast.
8.2. The Place declares even though this authorization is made in character universal, total and definitive, free of charge, and during the period in which your registration is active on the Platform, producing effects not only in Brazil, but anywhere also outside national borders.
8.3. Local also authorizes Local Best Friend to use free of charge or onerous to the transferred image, in Brazil or abroad, without any limitation of the modality of use, without any participation in the any economic benefit that directly or indirectly to the Local Bestfriend come to earn, and this adjustment will produce effects including in relation to any heirs and successors of the Place.
9.1. Local Best Friend is committed to keeping you safe and on confidentiality of all registration data, including e-mail, access IP number and other personal information that may be needed to perform the services.
9.2. The Local and the User hereby authorize the Local Best Friend, their discretion, preserve, store all data and information sent to the Platform, as well as all your personal data, such as email addresses, IP (Internet Protocol) addresses, among others information, except under the conditions described in item 2.4. of this Term of Use. The Local also authorizes the Local Best Friend to inform and/or disclose these data in case of legal requirement, requests from authorities’ police officers or if reasonably necessary for due process cool; (ii) enforce these Terms; (iii) answer the allegations of alleged violation of third party rights and improper disclosure of information to contact of third parties, and to protect the rights, property or safety from third parties or from the Best Friend site and other Locals.
9.3. The use of the Platform implies the consent of the Site and the User for collecting, storing and using personal information provided and their updates, traffic data, IP addresses, among others.
9.4. The Local Best Friend may use the information and/or data provided and/or collected by the Site, which is hereby authorized, to: (i) apply in these terms; (ii) provide services to the Site; and (iii) in other cases that if necessary, for the effectiveness and maintenance and safety of the Platform.
9.5. Local Best Friend reserves the right to withhold information by period that deems necessary for the proper functioning of the platform, even after the closing of the Site account and the User’s registration.
10. Platform Fraud
10.1. Local Best Friend will not tolerate, under any circumstances, conduct fraudulent by the Site and the User, and may prevent, suspend or deactivate, temporarily or permanently, access to the Platform, until completion of internal investigation, without the need for any communication prior, as well as acting judicially or extrajudicially against the person(s) involved in the fraud in question.
10.2. Local Best Friend will analyze suspected fraud on a case-by-case basis and may withhold payment of amounts due to the Local as a result of fraudulent activities or even deduct from subsequent payments the amounts previously paid for which any type has been found fraud, in order to avoid, minimize or recover any damage or risk of damage to Local Best Friend, Users or end recipients.
11. Suspension of access or de-accreditation of the Platform
11.1. Either Party may, at any time, request UNMOTIVELY terminating the relationship by unsubscribe of the Platform Local, without any charge and without the payment of any additional amount, without the need for justification and/or early warning.
11.4. The Local shall not be entitled to any indemnity or compensation for the unsubscribe or temporary inactivation of your access to the Platform, without prejudice, however, to the receipt of the full amounts due for the services already carried out, with the exception of fraud cases and in line with the provisions of item 11.3.
11.5. Local Best Friend may change availability status from Local, making it offline for a certain period of time, without need for justification or prior notice, when automatically verifying any type of activity that indicates that the Local is improperly using the application.
11.6. Local Best Friend reserves the right to take legal action and/or extrajudicially in case of damages suffered by Local Best Friend, by Users, by the End Recipients or by third parties, instructing processes criminal, civil and/or administrative in the cases provided for by law and when judging required.
12. INTELLECTUAL PROPERTY
12.1. Local Best Friend expressly declares that it owns all intellectual property rights relating to the Platform and that is, in any case, prevented from providing services, ensuring that all content made available on the Platform does not violate any rights intellectual property rights of third parties.
12.2. The Parties acknowledge that Local Best Friend is the only and legitimate owner of the Platform and all rights to use it fall, given that this Term of Use establishes the conditions of use of the Platform by the User and by the Site and others authorized persons, with no assignment of rights relating to the ownership of the Platform and its contents.
12.3. The Platform is protected by all applicable legislation, which includes copyright and property laws and international treaties intellectual.
12.4. Under no circumstances will Local Best Friend pass it on to the User and/or Local the source code and/or any other documentation relating to the Platform development. User and
13. PERSONAL DATA PROTECTION
13.2. The Parties must comply with the requirements of security measures technical and organizational to ensure confidentiality, pseudo anonymization and encryption of personal data, including its storage and transmission.
13.3. Local Best Friend reserves the right to collect and store the personal data entered by Users and Locals for the purpose exclusive to guarantee the effective provision of the services, the fulfillment of legal and/or regulatory obligations, as well as for the purpose to prevent fraud, misuse of the Platform and remediation of disagreements between the Parties.
13.6. All other rules relating to the protection of personal data are provided in the Local Best Friend Privacy Notice, to which the Parties declare that they know and agree and that they will only carry out their respective records after reading and knowing their terms.
13.7. To request your account to be deleted, please email firstname.lastname@example.org.
14. Final Considerations
14.5. Failure to exercise the right of either Party cannot be interpreted as a waiver thereof, and the precedents cannot be invoked as tacit novation.
14.6. Any disclosure of the confidential data of the Local Best Friend that are transferred to the Site, it can only be done with authorization by written by the Local Best Friend, under penalty of civil and criminal liability.
14.7. This Term of Use signed between the Parties revokes any previous agreement, verbal or written, having as the same object, which may has previously existed between the Parties.
14.8. Local Best Friend does not contract services directly and does not responsible for them, since it does not even have in its corporate purpose or economic activity of services of this nature.