1.0 – Connection platform
1.1 The APP TOOK platform (“Platform”) is an aggregator, with the purpose of connecting private and urban transport services (“Drivers” or “Driver”) to passengers (“User”), provided by third parties (“Services” ), so that the use of the Platform will allow the User to search for third-party Drivers, who do not have any contractual relationship with the Platform, acting independently, will use the Platform only as a means of connecting to demanding Users, who need a transport.
1.2 The Platform is the exclusive property of APP TOOK, being made available to the User in the application. The Platform may require user registration data for its use.
1.3 The Platform allows integration for the User to make reservations or directly contract the Services, serving exclusively as a way to make the connection to the potential conditions of the Services viable or to direct the User to the Service providers.
1.4 The Driver has complete freedom and must inform the Platform directly of the results of his price conditions.
1.5 The results of the search on the Platform are budgets for the values of the Services, obtained through partnerships with Drivers, based on methods of calculating the prices of the Services versus the year of the Driver’s car.
1.6 The Platform is not responsible, directly or indirectly, for the Services provided, in any aspect, nor for the collection of any amount by the Service provider, considering that the value of each Service is paid directly via the Platform.
1.7 The APP TOOK does not have any connection with the providers of the Services, so that the services will be carried out in an autonomous manner, exclusively, that is, it is the total and independent responsibility of the Driver to choose his working hours, the flames attended, the fine of the User in case of cancellation, the option of the best route in agreement with the User, without the need to provide any kind of clarification to APP TOOK, thus having full and total freedom to act according to their routine and under no circumstances will you be guided on how to provide your services.
1.8 The Platform will indicate the reference of the Drivers who are closest to the User, and the Driver may or may not accept the call. In case of a negative decision, there will be no penalty, as this decision is of your free will. If the User chooses to cancel the race, after 30 seconds of confirmation of acceptance, the user will be charged R $ 2.00 (two reais), which will be fully transferred to the Driver.
2.0 – User use of the platform
2.1 To use the Services, the User must register and maintain a personal Services user account (“Account”). The user must be at least 18 years old to register an Account. Users aged 13 or over may register and maintain an Account as long as they have been duly represented or have obtained the consent of their legal guardian (s), in accordance with the registration procedure applicable in each case.
2.3 If requested, the User must fill in all the registration fields for use of the Platform, committing himself to provide true information, being civilly and criminally responsible for the authenticity of such information and undertaking to update the data informed in case of change .
2.4 APP TOOK may, at its sole discretion and at any time, without prior notification or liability, suspend, restrict or terminate the User’s access to the Platform, with no indemnity or compensation being due to the User.
3.0 – Driver’s use of the platform
3.1 To be an APP TOOK Partner Driver, it is necessary that the Driver register at APP TOOK, providing the following data, which will be subject to analysis / approval: registration data (phone and address), copy of driver’s license (CNH ) with EAR information, copy of the vehicle registration and licensing document (CRLV), copy of the criminal record certificate (which will be verified), specific documents according to the legislation of each city (if required).
3.2 In order to receive your earnings, it is necessary for the Driver to register on the JUNO Portal (https://juno.com.br), which has no connection with the APP TOOK, being a mere intermediation tool. See the terms and conditions of the Juno Portal.
3.3 The Driver does not make any type of payment for the APP TOOK. APP TOOK reserves the right to charge a fee equivalent to 15% (fifteen percent) of the value of the race (“tech fee”), from the User. The Driver has the option to accept payment via credit card or cash. If the Driver accepts payment via cash, he will need to register a personal credit card in the APP TOOK and buy credits, which will be discounted at each race finish, equivalent to the tech fee. Thus, any amount received by the User will be for the Driver, unlike the form of payment via credit card, which the amount can be divided electronically and after the race.
4 – Responsibility of APP TOOK
4.1 The APP TOOK Platform does not directly provide the Services, does not have any link with the service providers, nor does it perform control of such services performed by third parties, being, therefore, exempt from any responsibility for the Services contracted by the User, including the reservation, the payment and shipping itself. The TOOK APP only enables the connection between the Driver and the User, and both parties have complete freedom to agree the best route or even cancel the races, according to the need.
4.2 APP TOOK will not be held responsible for cases of security breach caused by third parties or service failures of an electrical or telecommunications nature, such as for the occurrence of disasters or other fortuitous cases that prevent the proper functioning of the Platform.
5.0 – User and Driver Obligations
5.1 The obligations of the User and the Driver are:
· Provide true, accurate, updated, and complete information when you register with the Platform, if requested;
· Use the Platform only for lawful purposes, being prohibited any use for purposes other than the original purpose of the Platform;
· Do not use the Platform to store, insert, distribute, publish, transmit, reproduce, copy or in any way make files, messages, drawings, graphics, sounds, images, photographs, computer programs, and any other materials available to third parties that: (i) violate the rights of third parties of any kind, including industrial and intellectual property rights of the Platform or third parties; (ii) contain content that is criminal, defamatory, infamous, violent, pornographic, or contrary to the law, morals and good customs; (iii) contain content that is discriminatory because of sex, race, religion, social status, age, belief, and any other; (iv) contain content that may induce a state of anxiety or fear; (v) induce or incite Users to engage in dangerous, risky, or harmful practices to physical and psychological integrity; (vi) that contain false, inaccurate, exaggerated information, or that in any way induce error as to the User’s real intentions; (vii) are contrary to the honor, reputation, intimacy and privacy of any person; (viii) constitute illegal or misleading advertising, and / or unfair competition; and / or (ix) contains malware or any other program, application, contaminating or destructive complement, or that otherwise causes difficulties in the normal functioning of the Platform, among others that could be harmful to third parties and the Platform;
· Not using the Platform to commit and / or attempt to commit acts that aim to: (i) obtain unauthorized access to another computer, server, or network; (ii) interrupt service, servers, or computer network through any illegal method; (iii) circumvent any authentication or security system; (iv) secretly monitor third parties; (v) access confidential information, of any nature, such as User names or passwords for another Internet User who is vulnerable; and / or (vi) modify, adapt, translate, prepare derivative works, decompile, reverse engineer, disassemble or attempt to change the source code and / or software of the Platform;
· Not to divulge, make available, transmit or make available any type of advertising or similar means to advertising through the Platform;
5.2 APP TOOK may, at its sole discretion and at any time, without prior notification or liability, suspend, restrict or terminate the User’s access to the Platform, without prejudice to communicating to the competent authorities, in its sole discretion, in the event of non-compliance any of the obligations now established, as well as to be indemnified for losses and damages caused.
6.1 The Platform may collect data and information from the User for the purpose of improving its system for the benefit of the User, being expressly authorized to store data for accessing the Platform, movements, movements and georeferencing of the User during the use of the Platform and will act as follows :
a) Informed to APP TOOK by users; Created during the use of services, such as location, use of APPT TOOK and the device used; Through other sources, such as APP TOOK partners;
b) Constants in the User’s profile (name, e-mail, telephone number, login, password, address, profile picture, payment information or bank details, identity documents (including document number and image);
c) Constants in the Driver’s profile (vehicle information, criminal history check information, driving history, right to work);
d) Users for demographic purposes, including through surveys conducted with the Users themselves;
e) Users and Drivers regarding the information sent when in contact with APP TOOK Support, when making assessments, for example.
6.2 The Platform may use the geolocation features of the User, in order to increase the accuracy of the results of the Services for the benefit of the User.
6.3 APP TOOK adopts the appropriate security measures, in accordance with market standards, for the protection of User data and will do everything possible to keep loss always safe and use them in order to preserve honor, intimacy, activity privacy, image and confidentiality, keeping them encrypted and protected. However, the User acknowledges that no system, server or software is absolutely immune to attacks and / or invasions by hackers and other malicious agents, so that APP TOOK does not guarantee in any way that such security measures are free from errors or that are not subject to interference from third parties (hackers, among others). By its nature, despite the best efforts of APP TOOK, any security measure may fail and any User data may be made public.
6.4 APP TOOK uses the data collected for (i) Customer Support; (ii) To improve the provision of services; To improve the safety of Users and Drivers; For research and development; To allow communication between Drivers and Users; To send communications to Drivers and Users; To use them for legal needs. APP TOOK does not share or sell personal data of Users or Drivers to third parties for direct marketing, unless expressly authorized by the User or Driver.
6.5 The User expressly understands and assumes this risk and agrees that APP TOOK will not be responsible for such type of exposure, exclusion, obtaining, use or unauthorized disclosure of data resulting from attacks that APP TOOK could not reasonably avoid through said referrals. safety standards.
6.6 The User expressly authorizes that the information from the electronic access and navigation records, as well as their registration, if applicable, on the Platform be provided to third parties or to the competent authorities, in compliance with their formal request and in the other cases provided for in the current legislation . APP TOOK adopts the policy of unrestricted preservation of the User’s identity, so that the data collected from the User will be uncharacterized before being made available and will not allow the identification of the User.
6.7 All User travel information, as well as their registration, if applicable, is stored in an APP TOOK database, with restricted access to persons authorized and obliged, by contract, to maintain the confidentiality of the information and not use improperly.
APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of New Zealand. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, “Disputes”) will be settled exclusively by the competent court in Dunedin, New Zealand, unless you notify Be Tesla Limited within one month after Be Tesla Limited invoking its right pursuant to this provision to commence court proceedings in Dunedin, New Zealand, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.