General terms and conditions of use of the site
Check here the general terms and conditions of use of Zimbe
ZIMBE INTERMEDIACAO DE SERVICOS PARA VIAGENS LTDA (“Zimbe”), a limited company, enrolled with the CNPJ / MF under no. 29.679.728/0001-73, is a private legal entity providing online advertising services, made between promising contractors (“Contractor”) and promising Service Providers (“Providers”), through the application and the Zimbe website (“Platform”).
By means of these General Terms and Conditions of Use (“Terms”), Zimbe hereby presents to its users, contractors and providers (collectively, “Users”) the essential conditions for the use of the services offered in the Platform.
By using the Platform or using the services offered by Zimbe, Users accept and submit to the terms of these Terms and Privacy Policies, as well as all documents attached to them.
1. The services covered by these Terms consist of:
1. To allow Contractors to use the Platform for free and without direction or interference to seek quotes from Providers;
2. The Currency Utilization Model, presents the budgets required by the Contractors to the Providers (“Budgets”), who may or may not offer their Services (“Services”) to the Employer.
3. Enable direct contact between Providers and Contractors interested in acquiring the Services, through the dissemination of the contact information from one party to the other.
2. Zimbe therefore enables Users to contact and negotiate with each other directly, without intervening in the contact, negotiation or business, and is not, as such, a supplier of any Services announced by its Users in the Platform.
3. As a Classified Services, Zimbe does not impose or interfere with any negotiation on condition, value, quality, form or term in the contracting between the Contractors and Providers, nor does it guarantee the quality, or delivery of the Services contracted between Users.
4. By registering, the User may use all the services available in the Platform available for his region, declaring, therefore, to have read, understood and accepted the Terms.
2. CAPACITY TO REGISTER:
1. Zimbe’s services are available to individuals and legal entities regularly enrolled in the registers of federal and state taxpayers who have the legal capacity to hire them. They may not be used by persons who do not enjoy this capacity, including minors or persons who have been temporarily or permanently disabled from Zimbe. Users are warned of the legal sanctions set forth in the Civil Code.
2. It is forbidden to create more than one registration per User. In case of multiple registrations elaborated by a single User, Zimbe reserves the right to, in its sole discretion and without prior consent of the users or communication to the Users, to disable all existing registrations and to prevent any future registrations linked to them.
1. It will only be allowed to link a register to a CPF, a telephone and an email, and there can be no duplication of data in any case.
3. Zimbe may unilaterally delete Users’ registration when it is verified that User’s conduct is or will be harmful or offensive to other Users, Zimbe and its employees or to third parties.
1. It is necessary to complete all personal data required by Zimbe at the time of registration, so that the User is entitled to use the Platform.
2. It is the sole responsibility of Users to provide, update and guarantee the veracity of the registration data, and Zimbe shall not be liable for any civil and criminal liability resulting from incorrect, incorrect or incomplete data provided by Users.
3. Zimbe reserves the right to use all valid and possible means to identify its Users, as well as to request additional data and documents that it deems pertinent in order to verify the personal data informed.
4. Zimbe reserves the right to suspend, temporarily or permanently, the User responsible for registration, as well as to prevent and block any advertising or registration of any Services and cancel announcements published by this, without prejudice to other measures deemed necessary and timely. In the event of any of these sanctions being applied, Users shall not be entitled to any type of compensation or compensation for loss, damages or loss of profits.
5. The User will access his account by means of a nickname (login) and password, committing himself not to inform third parties of this data, being fully responsible for the use made of them.
6. The User undertakes to notify Zimbe immediately, through the channels of contact maintained by Zimbe on the Platform, regarding any unauthorized use of its account. The User will be solely responsible for the operations performed on his account, since access will only be possible through the use of a password of his unique knowledge.
7. Under no circumstances will the sale, sale, rent or other transfer of account be allowed. The creation of new registrations by persons whose original registrations have been canceled due to violations of Zimbe’s policies will not be allowed.
8. The nickname that the User uses in Zimbe may not be similar to the name Zimbe. Nor may any nickname be used that insinuates or suggests that the Services will be provided by Zimbe or that are part of your promotions. Nicknames that are considered offensive or that violate current legislation will also be deleted.
1. Providers are not allowed to submit to the Contractors as Zimbe employees, service providers or contractors. The Contractors understand that the Providers are not subordinated to Zimbe in any way.
9. Zimbe reserves the right, unilaterally and without prior notice, to refuse any request for registration and to cancel a previously accepted registration.
4. MODIFICATIONS TO THE TERMS AND GENERAL CONDITIONS
1. Zimbe may change, at any time and in its sole and exclusive discretion, these Terms. The new Terms will take effect ten (10) days after they are posted on the Platform. Within 5 (five) days from the publication of the modifications, the User must inform, by e-mail, if he / she does not agree to the modified terms. In this case, the contractual bond will cease to exist, as long as there are no outstanding accounts or debts. If there is no manifestation within the stipulated period, it will be understood that the User tacitly accepted the new Terms, and the contract will continue to bind the parties.
1. The changes will not be effective in relation to negotiations between Provider and Contractor already started at the time such changes are published. Only for these, the Terms will be valid with the previous writing.
2. The services offered by Zimbe may be different for each region of the country. These Terms shall be interpreted according to the region in which the Provider’s registration was made.
5. INFORMATION PRIVACY
1. All information or personal data provided by the Zimbe User is stored on servers or high security magnetic media.
2. Zimbe shall take all reasonable steps to maintain the confidentiality and security described in this clause, but shall not be liable for any loss that may be derived from the violation of such measures by third parties using improper, fraudulent or illegal means to access the information stored on the servers or databases used by Zimbe.
3. Zimbe may use and transfer the data provided by the Users and information regarding the use of the platform for any purpose, including, but not limited to, commercial, advertising, educational and journalistic purposes.
4. Zimbe may also use the data of Users and Partners for analysis, studies, reporting, all as necessary for the proper functioning and development of the platform and services offered.
5. Users agree that their personal information will be sent to the other Party, Provider or Contracting Party, in order to enable communication between the Parties in case of an attempt to contract the service.
6. Zimbe will collect the information pertinent to the transactions or other businesses carried out through Zimbe and may use or disclose them for commercial purposes or to improve its functionalities.
7. Zimbe does not have access to the content of the links or communications between Users.
8. Zimbe, for legal reasons, will keep in its database all information collected from Users who delete their records.
9. The nickname and password of each User serve to ensure privacy and security. Zimbe advises its Users not to share this information with anyone. Zimbe is not liable for damages or damages caused to the User by the sharing of this information.
10. All information provided by Users to Zimbe is protected by specialized companies.
11. Zimbe follows the security standards commonly used by companies working with data transmission and retention to ensure the safety of their Users. However, no method of transmitting or retaining electronic data is fully secure and may be subject to external attacks. Thus, despite using all possible and appropriate means, Zimbe can not guarantee the absolute security of the information provided.
12. Zimbe collects and stores all information provided by its users during the use of its platform, including at the time of registration, for its own use and its commercial partners.
13. The name, email and other data of Users may be used to send notifications, account information or Services provided, notices of violations of the Term and other communications that Zimbe deems necessary. Users may request Zimbe to exclude them from their mailing list.
14. Zimbe shall provide all information requested by public bodies, provided that they are duly justified and compatible with the law in force.
6. SERVICES AND NOTICES AND BUDGETS FORBIDDEN
1. Zimbe is an online classifieds platform for Services, and any advertisement or request for a quote for sale, rent, exchange or any transfer of ownership or ownership of any movable or immovable property is prohibited.
2. Advertising of illegal services in accordance with current legislation or that may be considered offensive to third parties is also prohibited.
3. Zimbe will exclude, unilaterally and without prior notice, that User who disrespects the rules contained in this section.
1. Zimbe does not pre-curate the ads served on the Platform.
4. Any User or legal or natural person who feels offended by any advertisement posted on the Platform may require Zimbe to exclude that advertisement from its Platform by its service channels.
7. PROVIDER QUALIFICATION SYSTEM
1. The Providers accept and submit to the qualification system adopted by Zimbe.
2. The Providers agree that Zimbe may cancel, exclude or suspend for an indefinite period registrations that present negative qualifications of reiterated form.
3. It will not provide to the Providers any type of compensation or compensation for damages, loss of profits and moral damages, due to the qualification attributed to the Advertised Services.
1. In the event that the excluded Provider has contracted a plan, Zimbe will return the contracted plan amounts, within 60 days, in proportion to the number of Coins remaining from the contracting to the actual exclusion and applying a 20% (twenty percent) balance.
2. The Excluded Provider must send a copy of the RG, CPF and proof of residence to justify the return of securities. The 60-day period for the return of the amounts will start counting from the date of receipt of all documents by Zimbe.
4. Since the posted comments are the personal opinions of the Users, they will be responsible for the opinions published in the Platform, whether before Zimbe, before the Providers, third parties, governmental organs or other Users of the site, exempting Zimbe from any responsibility regarding the placement of the comments.
1. Zimbe did not delete comments or qualifications about the Providers. Only the User responsible for the comment or qualification may remove or change the comments or qualifications.
5. Zimbe reserves the right to exclude unilaterally and in its sole discretion, comments containing and registrations of Users who practice:
1. Offense to the honor, image, reputation and dignity of others;
2. Pornography, pedophilia, and other modes of sexual satisfaction;
3. Racism or discrimination of any kind;
4. Bullying, Stalking or any other kind of illegal embarrassment or harassment;
5. Manifest violation of copyright or image right;
6. Use of trademarks, symbols, logos or emblems of others;
7. Instigation or apology for the practice of crimes, such as trafficking or use of narcotics, rape, homicide, stellenato, among others;
8. Errors or suspicion of misunderstandings.
8. USER OBLIGATIONS
1. The Provider shall have the legal capacity to provide the Service.
2. As Zimbe does not appear as a party to the Services contracting transactions between Users, the liability for all obligations arising therefrom, whether fiscal, labor, consumer or otherwise, shall be exclusively the Provider or both, as the case may be. In the event of a legal challenge that has as a Defendant Zimbe, whose facts are based on actions of the Provider, the Provider will be called to the process, and must bear all the charges that arise, including expenses with fees, fees, agreements, legal fees among others . Because Zimbe does not appear as a party to the transactions between Users, neither can Zimbe oblige Users to honor their obligations or to carry out the negotiation.
3. The Provider shall keep in mind that, insofar as it acts as a service provider, its offer binds it, pursuant to article 30 of the Consumer Protection Code and Article 429 of the Civil Code, compliance with which may be required by the Contractor
4. Zimbe is not responsible for the tax obligations that fall on the activities of the Users. As established by the relevant legislation in force, the Contractor shall require the Supplier’s invoice in his transactions. The Provider, according to the current law, will be responsible for compliance with the integrality of the obligations arising from its activities, notably those related to incidental taxes.
9. PRACTICES FORWARDED
1. It is strictly forbidden to Users, among other actions provided for in these Terms, to manipulate, directly or indirectly, the prices of the Advertised Services.
2. It is prohibited for Providers to disclose the same advertisement, content, item or service in more than one category and / or repeatedly. Zimbe reserves the right to exclude repeated advertisements or services, as well as suspend or exclude the registration of the Provider responsible for duplicity.
3. Users may not: (i) Obtain, store, disclose, market and / or use personal data about other Users for commercial or illegal purposes; (ii) Use automated means, including spiders, robots, crawlers, data capture tools or the like to download site data (other than Internet search tools and public non-commercial files); (iii) To cheat, or attempt to circumvent, in any way, the system, mechanism and / or platform of the site; and (iv) include means of contact such as telephone, e-mail, address and other forms of communication in the offers.
10. SYSTEM OR DATABASE VIOLATION
1. The use of any device, software or other resource that may interfere with Platform activities and operations, as well as in advertisements, in descriptions, in accounts or in their databases, is prohibited. Any interference, attempt, or activity that violates or contravenes intellectual property law and the prohibitions set forth in these Terms shall render the person responsible liable to suffer the effects of the pertinent legal actions, as well as the sanctions provided herein, and is also responsible for indemnifying Zimbe or its Users for any damages caused.
1. Without prejudice to other measures, Zimbe may, in its sole discretion and without the prior consent of the Users, notify, suspend or cancel, temporarily or permanently, the User’s registration or advertisements, and may apply a sanction that impacts negatively in its reputation, at any time, initiating legal actions and suspending the provision of its services, if: (i) User does not comply with any provisions of these Terms and other policies of Zimbe; (ii) noncompliance with your User duties; (iii) practice criminal or criminal acts; (iv) the identity of the User can not be verified, any information provided by him is incorrect or if the information provided leads him to believe that the registration is false or of a different person;
1. Zimbe reserves the right at any time and in its sole discretion to request the sending of personal documentation or any document proving the veracity of the registration information.
2. In case of requesting documents, any deadlines set forth in these Terms shall only apply from the date of receipt of the documents requested from the Provider by Zimbe.
1. Zimbe is not responsible for technical and / or operational defects or defects arising from the User’s system or from third parties.
2. Zimbe is not responsible for the delivery of the Services advertised by the Providers on the Platform.
3. Zimbe is not liable for the existence, quantity, quality, status, integrity or legitimacy of the Services offered or contracted by Users, as well as for the ability to contract Users or for the veracity of the personal data provided by them. Zimbe, not owning, depositing or owning the products offered, does not grant warranty for hidden or apparent defects in the negotiations between Users. Each User knows and accepts to be solely responsible for the Services that he advertises or for the offers he makes.
4. Zimbe will not be responsible for reimbursing their members for any expenses phone calls, packet data, SMS messages, emails, correspondence or any other amount spent by the User due to contact with Zimbe or any other User, for any reason be it.
5. Zimbe shall not be liable for the effective fulfillment of the obligations assumed by the Users. Users acknowledge and accept that, when negotiating with other Users, they do so at their own risk, recognizing Zimbe as a mere provider of virtual space availability services to announce the Services offered by third parties.
6. In no event shall Zimbe be liable for the loss of profit or for any other damages and / or damages that the User may suffer due to the negotiations carried out or not carried out through the Platform, arising from the conduct of other Users.
7. Due to the fact that negotiations are carried out electronically between two Users who did not know each other beforehand, Zimbe recommends that all transactions be carried out with caution and prudence.
8. In the event that one or more Users or any third party initiates any type of claim or legal action against another or other Users, each and every User involved in the claims or actions shall be exempt from all liability Zimbe and its directors, managers, employees, agents, workers, representatives and prosecutors.
9. Zimbe reserves the right to assist and cooperate with any judicial authority or governmental body, and may send registration or negotiation information of its Users, when it considers that its assistance or cooperation is necessary to protect its Users, employees, employees, administrators, partners or any person who may be harmed by the action or omission combated.
13. SCOPE OF SERVICES
1. These Terms do not generate any partnership, mandate, franchise or employment relationship between Zimbe and the User. The User acknowledges that Zimbe is not a party to any transaction carried out between Users, nor does it have any control over the quality, safety or legality of the Services advertised by Users, about the truth or accuracy of the advertisements elaborated by Users, and about the ability of Users to negotiate.
2. Zimbe can not ensure the success of any transaction between Users, nor verify the identity or personal data of Users. Zimbe does not guarantee the veracity of the third party publication that appears in its Platform and will not be responsible for the correspondence or contracts that the User makes with third parties.
1. Zimbe may offer Providers a conference service to guarantee their identity and registration data. Zimbe may inform the Contractors when this service has been used by the Provider.
2. The Provider who circumvents the conference system in order to receive illicit benefits shall be excluded from the Platform and appropriate legal measures, especially of a criminal nature, may be taken.
14. PROBLEMS ARISING OUT OF THE USE OF THE SYSTEM
1. Zimbe shall not be liable for any damage, loss or loss suffered by the User as a result of faults in its connection to the Internet, its provider, the system, the SMS system, the telephone line or the server used by the User, arising from third-party conduct, fortuitous event or force majeure.
2. Zimbe is not responsible for the compatibility between its Platform and User-owned hardware. The User shall keep his / her equipment up to date and shall not be liable to Zimbe if the Platform is not accessible in old-fashioned equipment.
3. Zimbe shall not be liable for any virus, trojan, malware, spyware or any software that may damage, change settings or infiltrate User’s equipment due to access, use or browsing the Internet, or as a consequence of the transfer data, information, files, images, text or audio.
15. INTELLECTUAL PROPERTY AND LINKS
1. The commercial use of the term “Zimbe” as a trademark, business name or domain name, as well as the logos, brands, insignia, content of the screens related to the Platform services and the set of programs, databases, networks and files which allow you to access and use your account, are the property of Zimbe and are protected by international copyright laws, trademarks, patents, models and industrial designs. The improper use and total or partial reproduction of said contents are prohibited, except with the express authorization of Zimbe.
1. The User shall indemnify Zimbe, its affiliates, subsidiaries, direct or indirect controllers, directors, administrators, employees, representatives and employees, including attorney’s fees, for any claim by other Users or third parties arising from the activities of the first Platform, any breach by it, the Terms and other policies of Zimbe or any violation by the User of the law or rights of third parties.
17. APPLICABLE LEGISLATION AND ELECTION FORUM
1. All items in these Terms are governed by the laws in force in the Federative Republic of Brazil. For all matters concerning interpretation, compliance or any other questioning related to these Terms, the parties agree to submit to the Forum of the District of São José do Rio Preto (SP).