TERMS AND CONDITIONS FOR USERS
Version: 2020.02
(Latest update on 04/November/2020)
Welcome to our Terms and Conditions of Use
Thank you for taking the time to read our Terms and Conditions of Use.
Through these Terms and Conditions of Use, we inform you about GoBuddies platforms, as well as the conditions for you to be our user, containing the declaration of your rights and responsibilities.
For this, we separate these Terms and Conditions of Use with the following topics:
- Welcome to our Terms and Conditions of Use
- Introduction
- Purpose and purpose of our platforms
- Registration
4.1 Who can be a user
4.2 Who can be a Buddy
4.3 Who can be invited
4.4 Who can be a corporate user
4.5 Our rights regarding user registration
- Username and password
- User Responsibilities and Declarations of Consent
- Our responsibilities
- How GoBuddies platforms work
- How the GoBuddies Corporate platform works
- How is our volunteer program
- Communications and commercials
- Reporting system
12.1. Removing user-posted content
12.2. User profile removal
12.3. Removing Meeting Points
12.4. How to report
- Intellectual property
- Interpretations, changes and updates to the Terms and Conditions of Use
- Cancellation of the user’s account
- General provisions
- Competent jurisdiction
- How to contact
- Introduction
These Terms and Conditions of Use take effect on 1/21/2020 and apply to all users of the GoBuddies platforms (application and website), such as natural persons and corporate users.
GoBuddies platforms are offered by Knox Advisors Brasil – EIRELI (“Knox”), a legal entity under private law registered with the CNPJ of MF under No. 30.480.398 / 0001-71, with headquarters at Rua Chile No. 1,385 , CJ. 02, Prado Velho, Curitiba (PR), 80215-184.
We encourage our users to read these Terms and Conditions of Use carefully and carefully. By reading and accepting these Terms and Conditions of Use, you acknowledge its terms and conditions and agree to be fully and spontaneously bound to its provisions.
If you are using the GoBuddies platforms on behalf of a legal person, you represent that you are your legal representative, attorney or agent duly authorized to represent and act on your behalf, as well as, by reading and accepting these Terms and Conditions of Use , you acknowledge its terms and conditions and agree that the company represented by you is fully and spontaneously bound by its provisions.
These Terms and Conditions of Use apply and must be observed by users regardless of how they access the GoBuddies platforms, whether through a website or any mobile device application.
These Terms and Conditions of Use apply exclusively to natural and legal persons located in the territory where the GoBuddies platforms are in operation.
Since we can provide additional features, platforms, applications and services, we can ask you to review and accept additional terms and conditions of use. In case of conflict of these instruments with these Terms and Conditions of Use, those prevail over these with respect to the use of the additional functionality, platform, application and / or service, limited to the conflict only.
The present Terms and Conditions of Use are intended to explain:
- how GoBuddies platforms work;
- how the user can register;
- how the user can use the platform provided;
- what are the users’ rights and obligations;
- what are the obligations regarding the safety and protection of adolescents and children;
- among others.
In the event that you do not agree with the terms and conditions of these Terms and Conditions of Use and of the Privacy Policy, do not register as a user and do not access the GoBuddies platforms, as acceptance of the Terms and Conditions of Use and of the Privacy Policy is condition for its use. The use of GoBuddies platforms implies the express, unequivocal and total acceptance of the provisions of these Terms and Conditions of Use.
- Purpose and purpose of our platforms
GoBuddies platforms can be offered via application and website. They allow parents or legal guardians of a child or adolescent to schedule playdates with children or adolescents with other parents or legal guardians. Playdates are activities related to entertainment, socialization and children’s interaction and will take place at a time and place established by parents or legal guardians, under their supervision or indication of responsible for that.
The GoBuddies platforms aim to encourage the family, the community and society in general, through a useful and efficient platform, for children and adolescents to have access to leisure, culture and community life, by scheduling playdates, always respecting their own needs. condition of developing individuals, subject to legal protection and security provisions.
GoBuddies platforms are not intended for direct use by children or adolescents, who must always be assisted by at least one of their legal representatives or those responsible for them.
- Registration
- Who can be a user
To ensure the success of playdates for children and adolescents, games can only be scheduled by and take place under the supervision of adults.
To register, the user must meet the following requirements:
- be over eighteen (18) years old, have an active cell phone and a valid e-mail address;
- be the legal guardian of the child or adolescent (parent; guardian; or guardian);
- be invited to register and use the GoBuddies platforms through and under the responsibility of the legal guardian of the child or adolescent;
- not having your account deactivated by us previously, for any legitimate reason, including loss of paternal power or for conduct considered to be serious and that could put other users, children and adolescents at risk;
- not having been convicted of crimes such as homicide, femicide or personal injury of a serious nature or followed by death, intentional crime involving domestic and family violence or crimes against sexual dignity;
- be in a place where the platform is made available;
- make the requested documentation fully available;
- consenting and agreeing electronically to the Privacy Policy;
- consenting and agreeing electronically to these Terms and Conditions of Use.
When registering a child or adolescent as a Buddy, the titular user declares to be their legal guardian, under the terms of the legislation in force, according to the legal link informed (father, mother, guardian or guardian).
As the legal guardian of a particular child or adolescent, when inviting other adults to use the GoBuddies platforms as guardians to accompany this child or adolescent in playdates, the titular user declares that he is civilly and criminally responsible for the omissive and commissive acts performed during the playdates, by those other adults invited by you.
When carrying out their registration, the titleholder or guest declares that he has no criminal conviction for any crimes that have taken him out of the exercise of his father’s power, under the terms of the current legislation, or of crimes of homicide, femicide or bodily injury of a serious nature or followed by death, intentional crime involving domestic and family violence or any crime against sexual dignity.
- Who can be a Buddy
Buddies are children and adolescents between two (2) and twelve (12) years of age, who can be registered by the user as their legal guardian, so that they can have playdates scheduled with other Buddies.
- Who can be invited
The titular user, legally responsible for Buddy, can invite other people to register as their guest. The guest may be another person legally responsible for the child or adolescent (parent, guardian or guardian), but may also be a family member or even someone hired or elected to care for the child or adolescent.
For children and teenagers who have received authorization from their parents or legal guardians, the guest will be able to schedule and attend playdates. However, the guest will not be able to nominate other users or guests to replace him in playdates, unless authorized by the titular user.
The guest will also be able to use their user registration to register children and adolescents when they are legal representatives. In this case, the user will also use the GoBuddies platforms as a registered user.
- Who can be a corporate user
To register as a corporate user of the GoBuddies platforms, the legal entity must meet the following requirements:
- be constituted under the terms of the current legislation and be duly registered with the competent registry body;
- be represented by a legal representative, attorney or agent duly authorized by the legal entity’s constitutive acts or mandate instruments;
- having a social object and purpose compatible with the objective of the GoBuddies platforms, to provide children and adolescents with access to leisure, culture and community life, always respecting their condition as developing individuals;
- have headquarters or branch in a location where the platform is made available.
- Our rights regarding user registration
At our sole discretion, we reserve the right to deny registration to any potential user that we believe does not meet the above criteria, as well as to exclude the account of users who, during the contractual relationship, fail to comply with them.
We reserve the right to verify, at any time, the veracity of the documents, information and data presented and to request, in its sole discretion, additional clarifications and documentation that it deems necessary for the proper verification of the information provided and for the validation of the registration of the user.
If the user refuses to provide clarifications or to submit additional documents, data or information, as requested, the account will be canceled by us and these Terms and Conditions of Use will be automatically terminated.
If a registration is made based on false, incomplete, misleading, erroneous, misleading or even non-detectable information or documents, the user’s account will, at our sole discretion, be suspended until the situation is settled or immediately excluded, hypothesis in which these Terms and Conditions of Use will be automatically terminated.
- Username and password
When registering on GoBuddies platforms, in addition to the data indicated in the Privacy Policy, the user must provide a username and e-mail address, in addition to choosing a password to access the platform, which are unique and non-transferable, they must be kept secret and kept under the protection and security of the user.
Each time the user wants to access his account, he must enter his e-mail address or his username and password. Therefore, the user is responsible for all their information and activities on the GoBuddies platforms, especially if access, authorized or not, is performed by a third party using their username and password.
The user declares and undertakes to maintain only one registration linked to himself, as well as undertaking to maintain the confidentiality of his password and other data to access his account and not to provide them to third parties under any pretext, reason or interest.
- User Responsibilities and Declarations of Consent
By registering and using the GoBuddies platforms, the user declares and guarantees that all information, data and documents provided are true, complete and accurate in all their terms.
The user also declares and warrants that the documents made available by digital means, when requested, are faithful and complete reproductions of their respective originals, which are in their possession and that have not undergone any changes not reported to us.
The user agrees and acknowledges that it is his / her responsibility to immediately update any information, data or documents that have been altered and / or that are not in line with those informed in their registration.
In addition to the measures we take to protect users’ data, under the terms of our Privacy Policy, the user is also equally responsible for ensuring the security and protection of their information, data and documents.
Likewise, the user undertakes to install and maintain anti-spyware, antivirus and other programs that prevent the breach of the system used to access GoBuddies platforms, as well as to notify him immediately if he becomes aware of any related security breach. to the platform or unauthorized use of your account, access passwords and user data.
The user also undertakes to notify us immediately of any breach of security, loss, theft, theft or unauthorized use of any user’s name, password or data.
The registered user (legal guardian) is fully responsible for the integration of the child or teenager registered during the playdates. It is exclusively for the titular user to define who will be able to choose the place, the time, the duration and the other Buddies who will participate in playdates with a child or adolescent under their legal responsibility.
The principal user (legal guardian) declares, by his / her free and spontaneous will, that he / she is legally responsible for each of the children or adolescents registered by him / her, as well as for the integrity of the information if he / she is the parent, guardian or guardian of the minor.
In order to guarantee the quality of the playdates and the well-being of children and adolescents, the user declares to consent and expressly adhere to the following minimum recommendations:
- children and adolescents must always be supervised by an adult (registered user or guest user);
- holding playdates in an appropriate place for the age group of children and adolescents;
- attention to the risk of ingesting inappropriate objects, medicines, cleaning products and food;
- be careful with the risk of burns and electric shocks;
- observe the playdate location, to avoid the risk of accidents, such as falls, cuts and fractures;
- ensure that children and adolescents are wearing comfortable and suitable clothing for the playdate;
- require the use of safety equipment compatible with playdate, especially when children and adolescents are playing with skateboards, bicycles, skates and similar equipment;
- use of toys certified by Organs competent bodies;
- avoid prolonged sun exposure and use sunscreen;
- adopt other and any measures necessary to guarantee children and adolescents protection and safety during playdates.
The user also declares to be aware that our partners may carry out advertisements for products or services within the platform, including to offer exclusive offers to our users.
By associating the registration and profile with a personal or family photo, in which children or adolescents are inserted, the responsible user declares, consents and agrees that we will disclose the image to other users of the Gobuddies platforms, for their identification and interaction, while their user account is active.
- Our responsibilities
We are not responsible, to any extent and in any sphere, for the inappropriate use of Gobuddies platforms, for fraud or any illegal conduct liable to administrative, civil or criminal penalties, committed by users or third parties, including against children and adolescents, whose safety and protection is of sole responsibility of the legal guardians.
Likewise, we are not responsible to the user, regardless of the theory of civil liability adopted, for any direct, indirect, incidental, special, consequential, punitive or other damages resulting from the use of the GoBuddies platforms.
We are also not responsible for the products and services provided by third parties, especially partners and advertisers.
We reinforce that the purpose of the GoBuddies platforms is to allow interaction and scheduling of playdates between users, as legal guardians for children and adolescents or those authorized by them. Thus, considering that we do not participate in playdates in any way, we are not responsible for any conduct by users inside or outside our platforms.
As long as it is in our exclusive interest, we are responsible for maintaining the GoBuddies platforms offered in appropriate conditions of use and security, in order to make it possible for regular users and their guests to schedule playdates for children or teenagers.
- How GoBuddies platforms work
GoBuddies platforms automatically search for Buddies of equivalent age, with common interests and availability of time to play in nearby places, in public or private areas, such as squares, parks, condominiums, clubs, hotels, shopping centers, among others.
It is very easy to join GoBuddies platforms. The platforms can be accessed via the application or website. To access by application, the user just needs to download our app, developed for Android and IOS systems, in a virtual store where it is available. To use the website, the user must use his internet browser to access the following address: www.gobuddies.com.
After accessing our app or website, the first step to register will be to confirm that you have read and that you are in full agreement with these Terms and Conditions of Use, as well as with our Privacy Policy.
The second step is your user registration, through which we collect mandatory information and data, including personal data, duly indicated in our Privacy Policy.
The third step is the registration validation step, through which, after the registration is fully completed, the user must validate his registration with a code that will be sent by SMS to the mobile phone number registered by the user.
The titular user will register the profile of the child or adolescent under their legal responsibility, through the provision of mandatory information and data, including personal data, duly indicated in our Privacy Policy, which are necessary for us to connect those responsible legal with children or teenagers of similar age, common interests and availability of time to play in nearby locations. For the safety and protection of the child or adolescent, the image that will be available on Buddy’s profile is an avatar (character).
As all playdates must necessarily be marked at a meeting point, registered by the user or made available by GoBuddies platforms, the next step is to fill these locations, which can correspond to public or private areas, such as squares, parks, condominiums, clubs, hotels, shopping centers, among others.
To register a new private meeting point, simply click on the map location and fill in the requested data. When the private meeting point is registered, only the user who registered it can schedule playdates on site. Public meeting points are registered by the GoBuddies platforms and any user will be able to schedule playdates at these locations.
Then, the titular or invited user may wait for the child or adolescent under his responsibility to be invited to a playdate or choose to make invitations, which will be sent to the guardians of other children or adolescents by means of a notification. It is of free and spontaneous will the responsible person to accept or not the invitation received, whose decision is confidential, sovereign and unquestionable.
To make the child or adolescent under his responsibility available for playdates, the owner or guest will select the Buddy profile, choose the option “play now” or “schedule playdate” and then select the location radius that will be available.
In order for us to have access to information about the user’s location during the participation of playdates, in the period between one (1) hour before the playdate and one (1) hour after the end of the game by the participants, it is necessary that the user has the app GoBuddies installed and activated on your mobile device, with permission to access location information. If the user does not allow access to their location, some features of the platform may be unavailable, including scheduling and participation in playdates.
To make invitations, the user will be able to check, by means of a map, which Buddies are available in the selected region, it is possible to filter the search by age, sex, activities of common interest and availability of time to play.
When viewing the available Buddies, simply select the desired avatar to check the available information about the Buddy, which does not identify you, but only defines your profile and interests for playdates at that time. When choosing a Buddy, the owner or guest must click on “let’s play” or “schedule playdate” and wait for the response to the invitation.
If the user responsible for Buddy accepts, the playdate will be considered active or scheduled, depending on the users’ choice. One (1) hour before the playdate until one (1) hour after the end of the game by the participants, a chat will allow the dialogue between them to facilitate the meeting and control delays and unforeseen events. For security, the user responsible for the Buddy must define the time of participation in the playdate, and, if he chooses to extend it, use the application available for that purpose.
To accept play invitations in both available modalities (“let’s play” or “schedule playdate”), just the user responsible for Buddy clicks on the avatar under the responsibility of the user who made the invitation, which, in turn, may or may not confirm the playdate.
If it is necessary to cancel the playdate scheduled or in progress between Buddies, the responsible user can use the application available for that, an opportunity in which he must indicate the reason for the cancellation.
Following the same procedure to participate in playdates, it is possible for the responsible user to organize an event for more Buddies.
From the moment a Buddy plays with the other, a connection is created and registered on the GoBuddies platforms in a user area called “favorites”. Thus, when the user intends to search for someone for playdates, GoBuddies will be able to suggest these connections in priority.
The responsible user can also create independent groups for each Buddy, whose application is intended to facilitate playdates according to the profile. For example, the Buddy who likes to play football may be in a football group, making it easier to filter out to invite Buddies to a playdate. This application also facilitates the creation of events, because, instead of selecting Buddy by Buddy, it is possible to find a certain group and invite all Buddies at once.
If the responsible user is part of a group registered as a corporate user (GoBuddies Corporate), his network of contacts will automatically integrate with that of the chosen group. In this modality, even if the responsible user does not belong to a group managed by a corporate user, still, depending on his contracted plan, he may still have access to the group’s contact network, if his administrator so authorizes.
- How the GoBuddies Corporate platform works
As it is also available and intended for corporate users, in the terms defined above, such as hotels, clubs, schools and owners of commercial establishments, we offer plans for legal entities in which the registration of children and adolescents can be broad or even unlimited, in addition to ensuring that your location is a safe meeting point.
The goal is to provide the corporate user with GoBuddies platforms to offer their customers, partners, associates or employees, in a very practical and quick way, just if those interested in participating in playdates with Buddies under their responsibility access the GoBuddies platforms and enter the code made available by the corporate user.
Legal entities that own appropriate establishments for children and adolescents will also have access to the GoBuddies Corporate platform. The corporate user must perform his registration, indicate the address as his own to send the requested documents and, if approved, choose when he will be available or not for playdates.
Responsible users will need an invitation to access groups managed by business users. The access period may be limited by providing temporary codes. In hotels, for example, the responsible user will have access to the group access code only while he is staying.
Corporate users may have benefits as a communication tool, differentiated services to members, low cost in relation to individual plans, absence of loyalty period and possibility to carry out advertisements or not.
- How is our volunteer program
Free of charge, institutions and entities that provide or offer volunteer services may be elected to access GoBuddies platforms and register as a volunteer user, in order to offer users events and programs in which Buddies may have access to the place of responsibility of the institution or entity, to participate in actions promoted by them, in order to encourage voluntary actions by children and adolescents.
- Communications and commercials
We will send marketing or informational emails to your users. It is possible, at any time, to request the cancellation of subscription in order to receive this information and announcements. To do so, contact us at support@gobuddies.com or click on the Unsubscribe link in any of the emails you received.
GoBuddies will also serve advertisements from its partners directly through its platform (app and website), which will be directed according to the profile of the user or the registered Buddy, if authorized.
The registered user and his registered guests are exclusively responsible for the decision and guidance on what children and adolescents consume.
- Reporting system
- Removal of content disclosed by user
GoBuddies does not exercise any kind of prior control over the content transmitted or stored by users through the platform, which does so with respect for their privacy and freedom of expression.
However, GoBuddies has a reporting system so that users can notify the existence of illegal, abusive or incompatible content with these Terms and Conditions of Use and with the interests of children and adolescents.
GoBuddies will analyze the complaints received and decide, in a reasoned manner, on whether or not to remove the reported content. If the content is removed from the GoBuddies will communicate via email the user responsible for the deleted content.
GoBuddies will also remove any content or information in compliance with a judicial or administrative order from a competent authority.
- User profile removal
GoBuddies may suspend or permanently disable the user account for the safety and protection of other users and also of the platform, when these Terms and Conditions of Use are violated or when there is authorization, legal obligation or judicial or administrative determination of the competent authority as well to proceed. If the user account is removed from the platform, GoBuddies will communicate via email the user of the disabled or deleted account.
- Removal of Meeting points
If the user understands that a registered meeting point is a place incompatible with the development of the child and adolescent, he can report it. GoBuddies will analyze the complaint received and decide, in a reasoned manner, on whether or not to remove the meeting point. If the meeting point is removed from the platform, GoBuddies will communicate via email the user responsible for the registration.
GoBuddies may remove any location that it deems incompatible with playdates between children and adolescents, such as places where there are firearms, fireworks, alcohol, cigarettes or drugs, gambling or sexual activities.
GoBuddies may suspend or permanently disable registered meeting points when these Terms and Conditions of Use are violated or when there is authorization, legal obligation or judicial or administrative determination by the competent authority to do so. If the meeting point is removed from the platform, GoBuddies will communicate via email the user responsible for the registration.
- How to report
For complaints, please contact us through the GoBuddies platforms, clicking on “Support”, or by e-mail support@gobuddies.com, these preferably, or by mail at the address of Rua Chile nº 1,385, ap. 02, Prado Velho, Curitiba (PR), 80215-184.
- Intellectual property
GoBuddies contains materials protected under current intellectual and industrial property laws, such as software, texts, graphics, images, sound recordings, audiovisual works and other materials provided by or on behalf of GoBuddies and its parent company.
GoBuddies and its parent company grant the user a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to use its platform in accordance with these Terms and Conditions of Use and its Privacy Policy. GoBuddies is not responsible to the user, under any civil liability theory, for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages arising from the GoBuddies platforms or their use by the user.
- Interpretations, changes and updates to the Terms and Conditions of Use
GoBuddies will interpret the user’s compliance with these Terms and Conditions of Use in accordance with its internal criteria and understandings.
We may change and update these Terms and Conditions of Use whenever we deem necessary, as required by applicable law or if so determined by a competent authority. When this happens, we will notify you by email and, also, through the GoBuddies (app and website).
We recommend and encourage you to access, read and review these Terms and Conditions of Use frequently, as well as we advise you to save a copy of each update for future reference.
Changes and updates, when they occur, will apply from the moment they are made available to our users.
In case of disagreement regarding the modifications of these Terms and Conditions of Use, the user has the right to cancel the account, pursuant to items 11 and 16 of this instrument.
- Cancellation of the user’s account
The user can, at any time, request the cancellation of his account registered at GoBuddies, which can be done by sending an email to GoBuddies to the address support@gobuddies.com, provided the registration email is used of the user who wants to delete his account.
GoBuddies may cancel the account or the platform, without reason and at any time, by communicating to the user at least thirty (30) days in advance. GoBuddies may also cancel the account immediately, in the following cases: (i) if the user remains inactive for more than one (1) consecutive year; (ii) if the user violates any of the provisions of these Terms and Conditions of Use or the Privacy Policy; (iii) in the event of commissive or omissive acts by the user that are incompatible with the object and purpose of GoBuddies; (iv) in case of death of the user, when a natural person, or of extinction or inactivity of the legal entity.
- General provisions
Choosing to register with GoBuddies, the user must fully comply with these Terms and Conditions of Use, as well as with the Privacy Policy and any other agreements and contracts that the user accepts and formalizes during the use of the platform, which must always be interpreted and applied together.
Under the terms of the Privacy Policy, GoBuddies will take all possible measures to maintain the confidentiality and security of user information. However, even if all the appropriate technical measures are taken to protect your information and data, we cannot guarantee the full security of your data and information. Thus, GoBuddies does not and will not assume any responsibility for interception or unauthorized access, even for breach of security measures by third parties such as hackers or crackers.
If new services are made available by GoBuddies, it may institute specific remuneration to charge the user, according to values, terms and conditions that may be previously informed, in accordance with the applicable regulations. Likewise, GoBuddies reserves the right to interrupt the supply of a certain product, application, platform or service, at any time, with thirty (30) days notice.
By using GoBuddies the user confirms that:
- read and fully understood these Terms and Conditions of Use, as well as offering their unequivocal consent and acceptance;
- read and understood the Privacy Policy, as well as offering their unequivocal consent and acceptance.
The user acknowledges and agrees that:
- this is an electronic contract and that, by clicking on the field “I have read, understood and accepted the terms and conditions of this document”, you agree, irrevocably and irreversibly, with all the rights and obligations established by GoBuddies;
- any and all communication sent by GoBuddies integrates and will integrate these Terms and Conditions of Use, including any contracts, agreements, regulations and standards relating to the platform, its operation, prices and other conditions.
In the course of carrying out our activities, there may be possible processes of corporate operations, as well as commercial partnerships and other similar businesses, an opportunity in which the account and information collected from users may, without any prior communication or authorization, be transferred to the 3rd. In this case, until any update or modification, these Terms and Conditions of Use will be maintained in the terms set forth herein.
The user is prohibited from assigning or transferring, in whole or in part, this instrument or any rights arising therefrom without the prior consent and authorization of GoBuddies.
- Competent jurisdiction
Any legal measures arising from these Terms and Conditions of Use, the Privacy Policy, any contracts, agreements, regulations and standards relating to the platform, as well as the use of GoBuddies must make proposals and resolve in the competent court that has jurisdiction to do so.
- How to contact
Whenever you deem it necessary, including to clarify doubts in relation to these Terms and Conditions of Use, please contact us through support@gobuddies.com or by mail, at the address of Rua 1.385 Chile, CJ. 02, Prado Velho, Curitiba (PR), 80215-184.