TERMS AND CONDITIONS FOR THE USE OF EasyTour.app’s applications

Last update: August 29, 2018

1. Contractual Relationship

This Terms of Use (“ Terms ”) regulates your access and use, as physical person, inside Brazil, of the applications, websites, contents, goods and services (the “Services”) available by Cyber Focus Tecnologia Ltda ., limited liability company, based in Brazil,  with registered head office at Avenue Marcos Penteado de Ulhôa Rodrigues, 939, 8° floor, 802 – tower Jacarandá – city of Barueri – SP, CEP 06460-040, registered in the tax id number . 14.420.344/0001-64, owner of the applications  EasyTour.app   for internet and mobile devices, or any other affiliates, identified hereinafter referred collectively as “ EasyTour.app   ”.

PLEASE, READ WITH ATTENTION THIS TERMS BEFORE ACCESS OR USE THE SERVICES

By accessing or using the Services, you confirm to be agreed by these Terms and conditions, established by contractual relation between you and  EasyTour.app   . If you do not agree to these Term you may not access or use the Services. By the access or the use, these Terms immediately closes, substitutes or overcome all the agreements. Older terms and agreements between you and any EasyTour.app affiliate. The   EasyTour.app   may immediately terminate these Terms or any Services with respect to you or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental Terms may be applied to certain Services, e.g. the event conditions, activity or promotion, and this additional Terms will be released in relation to the corresponding Services. Supplemental Terms are complementary and considerate as part of these Terms with effect in the corresponding Services. Supplemental Terms predominate these Terms in case of conflict in relation to the Services.

EasyTour.app   may amend the Terms related to Services from time to time. Amendments will be effective upon  EasyTour.app   posting of such updated Terms at this location or in the amended updated conditions or supplemental Terms related to Services. The fact that you continue to access or use the Services after such posting confirms your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is described  in our EasyTour.app ’s Privacy Statements of Users any of the affiliates can provide to the claims manager or insurer any necessary information (including your contact information) if there is any claim, litigation, conflict, that may include an accident involving you or Third Party Providers (including a driver of group of transport companies) and these information or data were necessary to solve a claim, litigation or conflict.

2. The Services

The services interacts with a technology platform that enables   EasyTour.app ’s mobile application or websites users, provides as part of the Services (each one “Application”), to arrange and schedule transport services and/or logistic services and/or purchase of certain goods with third part independent providers of these Services, including third parties independent suppliers of logistic, by contract with EasyTour.app   or affiliates of EasyTour.app   (“ Third Party Providers”). Unless otherwise agreed by EasyTour.app   in written separate contract signed with you, the Services are available for your personal use, not commercial use.

YOU RECOGNIZE THAT EasyTour.app   IT IS NOT A GOODS SUPPLIERS, DO NOT PROVIDE TRANSPORT OR LOGISTIC SERVICES, EVEN IT IS A CARRIER, AND THAT ALL THESE TRANSPORT AND LOGISTIC SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY PROVIDERS THAT ARE NOT EMPLOYEES OR REPRESENTATIVE OF EasyTour.app OR OF ANY EasyTour.app ’S AFFILIATES.

LICENSE.

Subject to compliance of these Terms, EasyTour.app   granted to you a limited license, not exclusive, not sublicensable, revocable and non-transferable to: (i) access and use of Application in your personal device, exclusively for the use of these Services; and (ii) access and use of any content, information and related material that can be provided by the Services, for each case for personal use, never commercial use. Any rights not expressly granted by these Terms are reserved to EasyTour.app   and its licensing affiliates.

RESTRICTIONS

You cannot: (i) removal any copyright notice, trademark law or other proprietary notices of any part of the Services; (ii) reproduce, modify, prepare related Works, distribute, license, exhibit, vehiculate, or, by any other way, explore the Services, except by the form expressly allowed by EasyTour.app   .

SERVICE PROVISION.

You recognize that the Services can be provided by different EasyTour.app   brands or different request options associated with transport or logistics services provided by independent third parties. You also recognize that the Services can be available by associate companies to: (i) certain EasyTour.app ’s subsidiaries and affiliates; or (ii) independent Third Parties Suppliers, including drivers of transport companies, holders of permission to do Transport Services in the professional category or holders of similar permissions, authorizations or licenses of transport services.

THIRD PARTIES SERVICES AND CONTENT.

The Services can be made available and accessed in connection with the third parties’ services and content (including advertising) that EasyTour.app   will not control.

YOU RECOGNIZE THAT DIFFERENT USE TERMS AND PRIVACY POLICIES MAY BE APPLIED TO YOUR USE OF THESE THIRD PARTIES SERVICES AND CONTENT. THE EasyTour.app   WILL NOT, IN ANY CIRCUNSTANCE, RESPONSIBLE FOR ANY PRODUCT OR SERVICES OF THESE SUPPLIERS THIRD PARTIES.

 

OWNERSHIP

The Services and all the rights about them are and will continue to be of EasyTour.app   or property of EasyTour.app   affiliates, or respective license agencies, as appropriate. These Terms and the use of the Services do no grant for you nor give it any right: (i) on the Services, except for the limited license granted above; or (ii) to use or, by any way, refer to corporate names, logos, product or service names, trademarks or service brands of EasyTour.app   or any license agency of EasyTour.app   .

3. USE OF SERVICES

USER ACCOUNT.

To use most part of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Uber certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported (credit card or payment accept partner). You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for all activity that occurs under your Account, and you always agree to maintain the security and secrecy of your Account username and password . Unless otherwise permitted by EasyTour.app   in writing, you may only possess one Account.

USER REQUIREMENTS AND CONDUCT.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive  transport or logistic Services of Third-Party Providers, unless they are your companion. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). Y ou may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity

TEXT MESSAGING

When creating the account, you agree that the Services may send to you text messages (SMS) as part of regular commercial operation for the use of the Services. You may choose not to receive text messages (SMS) of EasyTour.app  by sending an e-mail to contato@easytourapp.com      saying that you do not want to receive messages anymore, with the telephone number that you receive these messages. You recognize that choose to not receive these messages can impact the use of the Services.

PROMOTIONAL CODES.

EasyTour.app   may, in its sole discretion, create referral and/or promotional codes that may be redeemed for Account credit or other characteristics or benefits related to the Services and/or Third-Party Provider’s services, subject to any additional terms that can be establish to each promotional code (“Promo Codes”).

You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), (iii) may be disabled at any time for any reason without liability to EasyTour.app   ; (iv) may only be used pursuant to the specific terms established for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. EasyTour.app   reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that EasyTour.app  determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of such Promo Code.

USER PROVIDED CONTENT

EasyTour.app   may, in EasyTour.app’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available through the Services any textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any user Content provided by you remains your property. However, by providing User Content to EasyTour.app   , you grant EasyTour.app  and its affiliates a worldwide, perpetual, irrevocable, transferable, royalty-free license and with the right to sublicense, to use, copy, modify, create derivative Works, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and EasyTour.app ’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You declare and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant EasyTour.app   a he license to the User Content as set forth above; and (ii) either the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, no EasyTour.app   use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, whether such material may be protected by law.  EasyTour.app   may, but shall not be obligated to, review, monitor, or remove User Content, at Uber's sole discretion and at any time and for any reason, without notice to you.

NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless device and you will be responsible by the rates and fees.  de um dispositivo sem fio e você será responsável por essas taxas e encargos. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.

EasyTour.app   does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. Also, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. PAYMENT

You understand that the services and goods that you can receive by a Third-Party Provider, hired thought the Services, are given by previously informed payment (“Charge”). EasyTour.app   will facilitate the Charge payment in name of the Third-Party Provider in as a limited third-party lender of that Third-Party Provider. The Charge payment made by this way will be considered a payment made by you straight to the Third-Party Provider. Charges will be including of applicable taxes where required by law. The Charge paid by you its final and it’s not refundable, unless otherwise determined by the EasyTour.app .

EasyTour.app   will respond in accordance with any request by a Third-Party Provider to modify the Charge of a particular service or good. To the fullest extent permitted by applicable law, EasyTour.app   reserves the right to limit the Charge in species. When the value to be paid in species is limited, you will need to make available an alternative method payment.

If is identified that the indicated payment method of the account has expired, is invalid or cannot be charged, you agree that EasyTour.app   may, limited third-party lender of that Third-Party Provider, use a secondary charge method at the Account, if is available.

As between you and EasyTour.app   , EasyTour.app   reserves the right to establish, remove and/or revise at any time the related Charge of all services or goods obtained thought the use of the Services, by the exclusive EasyTour.app criteria. Also, you recognize and agree that the applicable charge in certain geographic area may (i) include charges, fees,  taxes and/or govern contributions in your name, including, toll fees or charges for airports, depending on the route taken by the Third Party Provider, the place of origin and / or destination of the trip or, and applicable legislation and (ii) may increase substantially during times that the demand for services by Third Party Providers it’s smaller than the demand for the Services.

EasyTour.app   may, at any moment, provide to certain users’ promotional discounts that will be result in a different value changed by the same or similar Services to others that were obtain using the Services, and you agree that these promotional discounts, unless they were offer to you too, will not have influence in the applicable Charges. You can choose to cancel your service or good request of a Third-Party Provider at any moment before the Third-Party Provider arrives, in that case this may include a cancellation fee.

This payment structure it is destined to pay in full the Third-Party Providers by the services or goods provided. You understand and agree that, even if you are free to make additional payments as a tip to any Third-Party Provider that provides services or goods through the Services, you are not obligated to do so. Tips are voluntary/ After you receive the services or goods obtained thought the Services, you will have the opportunity to evaluate your experience and to make additional comments about the Third-Party Provider.

REPAIR AND CLEANING FEES .

You will be responsible for the cost of repair for damage and cleaning of the Third-Party Provider’s vehicle related to the use of the Services thought your Account that exceed the natural damage related to the usage (“Repair or Cleaning”). If the Third-Party Provider request as necessity Repair or Cleaning, and this request of Repair or Cleaning confirmed as reasonable by  EasyTour.app   , EasyTour.app   reserves the right to facilitate the payment of these Repair or Cleaning in Third Party Provider’s name using the payment method indicated in your Account. Related values will be transferred by EasyTour.app   to the Third-Party Provider and will not be reimbursed.

5. WARRANTY REFUSE; LIMITATION OF LIABILITY; INDEMNITY.

WARRANTY REFUSE.

EasyTour.app   refuses all the statements and expressed warranties, implicitly or legal, not expressly written in these terms, including implicitly commercial warranty. EasyTour.app   is not responsible by reliability, punctuality, quality or availability of services and does not guarantee the safety or ability of Third-Party Providers. You agree that all the risk related to the use of the services using technology Always be in your concern fully permitted by applicable law.

LIMITATION OF LIABILITY.

EasyTour.app   shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, although it has been alerted to the possibility of these damages.

EasyTour.app   shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third-party provider, even if EasyTour.app  

EasyTour.app   shall not be liable for delay or failure in performance resulting from causes beyond EasyTour.app   's reasonable control. you acknowledge that third party providers providing transportation services requested through some request products may offer ridesharing or peer-to-peer.

You agree that any payment made by you based in the insurance against personal accidents (APP) maintained by EasyTour.app   or by the Third-Party Provider will reduce any indemnity due related to that accident.

The services of EasyTour.app   may be used by you to request and schedule transportation, goods, or logistics services with third party providers, but you agree that EasyTour.app   has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third party providers other than as expressly set forth in these terms . As consequence, EasyTour.app   has no responsibility with the routes made by the Third-Party Providers or with any item lost in the vehicle of the Third-Party Provider.

The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be limited or changed under applicable law.

INDEMNITY.

You agree to indemnify and hold EasyTour.app   and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) EasyTour.app 's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. CHOICE OF LAW.

These Terms are governed by and construed in accordance with the laws of Brazil. Any claim, conflict or controversy arising out of or relating to this agreement, including its validity, interpretation or enforceability, shall be settled exclusively by the courts of the jurisdiction of your domicile.

7. OTHER PROVISIONS

CLAIMS OF COPYRIGHT INFRINGEMENT.

Claims of copyright infringement should be sent to an indicated EasyTour.app representative.

NOTICE.

EasyTour.app   may give notice by means of general notice on the Services, electronic mail to your mail address in your Account, or by written mail sent to your address indicated in your Account. You can notify EasyTour.app   thought the Application or by e-mail to contato@easytourapp.com   .

 

GENERAL.

You may not assign these Terms, even transfer these Terms, totally or partially, without EasyTour.app 's prior written approval. You give your approval to EasyTour.app   give or transfer these Terms totally or partially, including: (i) a subsidiary or affiliate; (ii) an acquirer of EasyTour.app 's equity, business or assets; or (iii) a successor by any corporate operation. No joint venture, partnership, employment or agency relationship exists between you, EasyTour.app   or any Third-Party Provider as a result of this contract between you and  EasyTour.app   or by Services use.

If any provision of these Terms is held to be illegal, invalid or unfeasible totally or partially, by any legislation, this provision or part of it will be, in that measure, considered as not existing for the purposes of these Terms, but the legality, validity and enforceability of the other provisions contained in these Terms shall not be affected. In these cases, the parts will substitute to an illegal, invalid or unfeasible provision, or part of it, to one that can be legal, valid and feasible and that, to the maximum possible extent, has similar effect to the disposition to be illegal, invalid or unfeasible for purposes of content and purpose of these Terms. These Terms constitutes the totality related to the understanding of the parts about this subject and substitute all other understandings and commitments about this subject. These Terms, the words “including” means “including, without a limitation”.