Terms of Service

Last Updated On: 05 August 2022

Guberni, Lda., a liability company registered at the Coimbra Commercial Registry Office under registration and tax number 507348028, with fully subscribed and paid-up share capital of € 20.000 with its registered offices at Instituto Pedro Nunes, Edifício D, Rua Pedro Nunes, 3030-199 Coimbra, Portugal, provides an online "WALK-RUN-RIDE" platform that allows you to find new experiences and people with whom you can walk, run and cycle.

These terms and conditions (as amended from time to time, the “Terms”) govern the use of "WALK-RUN-RIDE" platform services provided by Guberni Lda, access of such Services through the website walk-run-ride.com (the “Site”) or application for mobile devices (the “Application”), and and the use of an account for the use of the WALK-RUN-RIDE (“WALK-RUN-RIDE account”).

Please read these Terms carefully as by using the Site or Application, irrespective of whether you become a registered user of the Services or not, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Site, Application or Services.

Key Definitions and Interpretation

“Content” means text, graphics, images, music, software, audio, video, information or other materials.

"Free Activity" means a walking, running or cycling activity with no costs for those who join. Any user can create a free activity. Any user can join this activities for free.

"Paid Activity" means outdoor activities services that a Professional Host may provide to a Guest. The services must comply with local and international legal regulations.

“Professional Host” means a WALK-RUN-RIDE User that supplies outdoor activities services (Paid Activities) and is using the WALK-RUN-RIDE platform to receive bookings and communicate with Guests.

"Activity Fee" means an amount due and payable by a Guest for the Paid Activity.

"Private Session" means that a Paid Activity session will be private, it will be provided only for the Guest who booked the session and his group.

"Host" means a User using the WALK-RUN-RIDE platform to create Free Activities and share their knowledge and experience for free.

"Guest" means a User using the WALK-RUN-RIDE platform to make a reservation of a Paid activity or join a Free activity.

“User” means who completes the WALK-RUN-RIDE account registration process, including but not limited to the Professional Hosts, Hosts and Guests.

“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

“you”, “your” and “yours” means you a User of the Site or Application.

“we”, “us” and “our” are references to Guberni, Lda.

Use of the WALK-RUN-RIDE account

The WALK-RUN-RIDE Site is available through the WALK-RUN-RIDE website ( https://walk-run-ride.com/). The WALK-RUN-RIDE Application is available through AppStore and Google Play. You enter into an agreement with Guberni when you have accepted these Terms for your use of the WALK-RUN-RIDE and created a WALK-RUN-RIDE account. Guberni will only enter into an agreement with you in the English language.

You may view the agreement for the use of the WALK-RUN-RIDE (the Terms) and your WALK-RUN-RIDE account in your WALK-RUN-RIDE account. We expect you to store a copy of all relevant agreements and documents, such as these Terms and the Privacy Policy and print such documents when you deem such necessary. You may view these documents at any time on this page https://walk-run-ride.com/terms-of-service and this page https://walk-run-ride.com/privacy-policy.

When you enter into an agreement with Guberni, such as but not limited to an agreement to use the WALK-RUN-RIDE and your WALK-RUN-RIDE account but you discover that you have provided us incorrect or undesired information you may at all times cease your registration. When you discover that you have provided us incorrect or undesired information after your registration has taken place or receipt of the confirmation email, please correct such information yourself in your WALK-RUN-RIDE account.

WALK-RUN-RIDE Account

In consideration of your use of the WALK-RUN-RIDE, you agree to provide true, accurate, current and complete information about yourself as prompted by the WALK-RUN-RIDE account registration form for your WALK-RUN-RIDE account information.

Account information and certain other information about you is subject to our Privacy Policy https://walk-run-ride.com/privacy-policy. You are not permitted to register for a WALK-RUN-RIDE Account on the name of any other person or party.

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

By creating an WALK-RUN-RIDE account, you should be aware of the fact that you make personal information available to users of the WALK-RUN-RIDE. This means that you share that information with people you may not know. Guberni takes all reasonable steps to allow you to share information in a safe and secure way. We have described exactly how we do this in our Privacy Policy https://walk-run-ride.com/privacy-policy. Please, however, be aware that you are responsible for choosing which personal details you choose to share via the WALK-RUN-RIDE.

You agree to inform us of any unauthorized use of your account information, including but not limited to your password or any other security breach. We explicitly reserve the right to hold you liable for any damage whatsoever resulting from any unauthorized use of your WALK-RUN-RIDE account by a third party. The credentials you choose for your WALK-RUN-RIDE account are confidential. We expect you to keep these details to yourself and not share them with anyone else, for example to log into your WALK-RUN-RIDE account.

Booking Services

Description

Guberni makes available an online booking platform for the Professional Hosts and Guests to meet online and arrange activities directly with each other.

By using the Site or Application, the Professional Hosts may create Paid Activities. Based on the Professional Hosts Profile (the “Profile”), that provides information about their knowledge and experience, and the activity descriptions, the Guests may select the Hosts to provide the activity.

Role and responsibilities of Guberni

Guberni is not a supplier of outdoor activities services nor it is a travel agent. Gubeni does not provide the activity service. Its role and responsibilities are strictly limited to (i) facilitating the connections between the Professional Hosts and Guests in arranging for the Activity and (ii) processing payment transactions between the Professional Hosts and Guests, when the latters book the Activity. With reference to above, you understand and agree that Guberni is not a party to any agreement between the Host and Guest in relation to the Activity.

Network Access

You are responsible for obtaining the data network access necessary to use the Booking Services. You understand that such access may involve third-party fees (such as Internet service provider).

Requirements for Professional Hosts and Paid Activities

If you are a Professional Host, you represent and warrant that your Profile and Paid Activities (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and (iii) will not conflict with the rights of third parties.

Please also note that any Paid Activity offered by a Professional Host must comply with the following requirements: (i) the Activity has to be delivered personally by the Professional Host who confirmed the booking, (ii) if it is a Private Session groups from different bookings cannot be mixed.

User Interaction and Conduct

Any conduct by you that in our sole discretion restricts or inhibits any other user from using the WALK-RUN-RIDE will not be permitted. You agree to use the WALK-RUN-RIDE solely for lawful purposes. You are prohibited from using the WALK-RUN-RIDE for any other purpose than making use of the WALK-RUN-RIDE as intended by Guberni.

You agree not to use WALK-RUN-RIDE (i) to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libellous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than Paid Activities, (iii) to advertise sexual services, (iv) to advertise or promote any illegal product or service, and (v) to promote any political, ethnic, racial or religious organisation or belief.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the WALK-RUN-RIDE or access to the WALK-RUN-RIDE unless you first obtain our express written consent to do so. You agree that you will not use any deep-link, page-scrape, robot, spider or any other automatic or automated instrument, program, algorithm or methodology or any other similar or equal manual process to gain access to any part of the WALK-RUN-RIDE platfom including but not limited to your WALK-RUN-RIDE account, or to acquire, copy and/or store or reproduce such content in any way whatsoever, or to circumnavigate the navigation structure or presentation of the WALK-RUN-RIDE in order to obtain information that is not deliberately and easily made available through the WALK-RUN-RIDE. We explicitly reserve the right to block any such activity and to suspend or terminate your WALK-RUN-RIDE account and refuse you any and all current and future use of the WALK-RUN-RIDE or registration for a new WALK-RUN-RIDE account.

You agree not to access the WALK-RUN-RIDE by any means other than through the interface that is provided by us for use in accessing the WALK-RUN-RIDE, furthermore you agree that you will not access the WALK-RUN-RIDE, including any part or element thereof, or any connected systems or networks, nor any of our other servers without proper authorization by hacking, cracking, mining of passwords or any other unlawful means.

You are not permitted to investigate, scan, test the vulnerability of the WALK-RUN-RIDE or any connected network, or to infringe any security or authentication measures implemented on the WALK-RUN-RIDE or any connected network. You are not permitted to (reverse) search for information on other users of the WALK-RUN-RIDE or any of our customers, including but not limited to any WALK-RUN-RIDE account that is not your WALK-RUN-RIDE account or to track the source of any such information or to exploit any such information with the purpose to disclose it, including, but not limited to, personal data.

You agree not to undertake any action that presses an unreasonable or disproportionate burden on the infrastructure of the WALK-RUN-RIDE, our systems and/or networks and or any system or network connected with our systems and networks.

You are solely responsible for your interactions with other Users, whether online or in person. Guberni assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users, and conduct any necessary investigation before meeting another person. Guberni is under no obligation to become involved in any disputes between Users, but may do so at its own discretion.

Profesional Hosts and Paid Activities

Sharing your contact details, such as your phone numbers, emails, links to other sites and social networks, is not allowed before a booking is confirmed and paid. Communication before booking is for discussing your tour details only. Contact details of both parties will be automatically released after booking is confirmed via the Booking payment system. In case you bypass the WALK-RUN-RIDE platform, you isolate yourself from safe payments, customer support in case of dispute, refund policies and trustful reputation through our review system. Any attempts to exchange contacts before booking or execute transactions outside of the website can also be a reason for limiting you from using our services. I f necessary, your internal communication on WALK-RUN-RIDE can be reviewed by Guberni staff. This is to provide you a better support should a conflict arise that requires escalation between you and another user.

User Content

You are solely responsible for all User Content that you upload, post, publish or display or email or otherwise use via the Services.

All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. You grant to Guberni a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.

We reserve the right to monitor all User Content uploaded to the Site or Application at any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If Guberni chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.

Membership, Payments and Fees

You agree that Guerni, in its sole discretion, may suspend or terminate your User’s account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. We reserve the right to terminate your access to the site for any reason or no reason.

In some instances, your bank or credit card issuer may charge you a fee for foreign transactions. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees.

In case of any violation of legal acts, committed during the process of payments concerning services of the Site, the User will be immediately restricted from using the Site and all relevant useful data about User's personal identification information will be shared with legal authorities in cooperation for investigation.

Paid Activities

Bookings

If you wish to book a Paid Activity, you may do so either through the Site or Application. In case information provided in a Profile of a particular Professional Host or an Paid Activity Description is not sufficient for you to decide on the Paid Activity or you have any special requests relating to the Activity, you will be able to discuss this with the Host via our private messaging facility. The Activity Fee payable in connection with the Activity and booking will be displayed to you before making the reservation or sending a booking request to a Host. As a Guest, you agree to pay Guberni the Activity Fee for any reservation or booking requested in connection with your account if such requested bookings are confirmed by the applicable Host.

If you are a Host and a booking is requested for your Activity through the Site or Application, you will be required to either confirm or reject the booking within 48 hours from when the booking is requested. Otherwise the booking request will be automatically canceled.

Pricing

A Professional Host individually determines the Activity Fee.

Before setting the Activity Fee the Professional Host must evaluate the fees and any local taxes applied for providing Activities. The Activity Fee has to include any such fees and taxes that the Host determines that he/she has to collect. The Activity Fee displayed in the advertisement of a Paid Activity includes all fees and taxes and is final for the Guest.

As a Professional Host you understand and agree that 100% of the amount paid for the Activity, less our service fee, will be considered as your personal income and taxes will be accounted for the entire amount.

As a Professional Host upon signing up for an account you will be liable to pay the service fee of 15% to Guberni for using the WALK-RUN-RIDE platform.

The transfers are made to your account using our payment provider to the account you have provided.

The service fee will be paid on the day when we initiate payment to you for the Activity. We will upon the date of such payment consider our services fully rendered and upon the request of the Professional Host will issue VAT invoice for the services of using the WALK-RUN-RIDE platform.

Payment

A Guest can make a payment once a Host accepts his booking. At the time of payment a credit or debit card of the Guest, who made the booking, is debited the full amount of the Activity Fee. The funds on the Professional Host’s triple account balance will be available for withdraw not earlier than 24 hours after the Activity is completed.

We will initiate transfer of the Activity Fee (less our service fee) to the Professional Host within 48 hours after the completion of the Activity if no disputes have been filed. The service fee will be deducted from the Activity Fee and Guberni will issue a relevant invoice to the Professional Host.

Cancellations and Refunds

If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, you will be refunded according to the “Activity Cancelation Policies“ The money will be refunded to the same credit or debit card you used when you booked the Activity. If a Professional Host cancels a confirmed booking you will be refunded the full amount. As a Guest you are also entitled for a refund of 100% of the Activity Fee in case a Host fails to arrive for the Activity. As a Guest you have 24 hours after the start time of an Activity to initiate a dispute.

Any refunds will be made by us within a commercially reasonable time of the cancellation or request for refund.

Free Activities

Any WALK-RUN-RIDE user can create a Free Activity. No fees can be charged by the Host to the Guests for participating in a Free Activity.

Sharing links to other sites and social networks where a Guest can register to join the activity is not allowed.

Guberni is, under no circumstances, responsible or liable for any activity taking place pursuant to the use of the WALK-RUN-RIDE. Always be aware of the fact that discovering routes/tracks you do not know or meeting with new people may cause a risk. You are, at all times, responsible for the choices and decisions you make pursuant to the use of the WALK-RUN-RIDE platform.

While performing sports fits in a healthy lifestyle, you should be aware of possible health risks involved in such. You are at all times responsible for your own health and the decisions you choose to make concerning your health and fitness. Guberni is, under no circumstances, responsible for your health or physical condition.

Limitation of Liability

We disclaim any and all liability to you for the supply of the Services we provide to you to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any service fee that we may have received in respect of which a claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.

We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of Site, Application and Services or for any services we may provide to you.

Your use of the Site, Application and Services is without any warranty or guarantee and is entirely at your own risk.

We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Site and Application.

We take precautions to protect all (personal) data collected through the WALK-RUN-RIDE platform and via your WALK-RUN-RIDE account but in the event that unauthorized third parties infiltrate our system we will not accept any liability for any resulting misuse of the (personal) data.

The WALK-RUN-RIDE may include links and other references to third party files, websites and locations. We have not verified the content of such files, websites and locations and therefore only offer the possibility to get further information, if and insofar this is desired by you. A reference to any third party information cannot be considered any recommendation for such information, neither explicit nor implied. We can therefore not give any guarantee for the accessibility or content of such third party files, websites or locations and cannot accept any liability for the operation of such files, websites or locations, nor for any damage, whether direct or indirect, resulting from accessing such files, websites or locations. The sole fact that we have included a reference to any third party website or application does not imply that we endorse its contents.

Indemnity

You agree to indemnify, defend, and hold harmless us from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of the Services and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.

Our Rights

We may elect to electronically monitor areas of the WALK-RUN-RIDE app and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the WALK-RUN-RIDE platform; or (iii) to protect our rights or (intellectual) property or the rights of our users, customers or suppliers.

Privacy

We respect the personal privacy of all users of the WALK-RUN-RIDE platform and will at all times seek to comply with the General Data Protection Regulation (“GDPR”) or any (national) laws or regulations that may be applicable to the processing of personal data by Guberni. The personal data we collect through the Website and WALK-RUN-RIDE app shall be carefully and adequately processed in accordance with our Privacy Policy https://walk-run-ride.com/privacy-policy.

MODIFICATION OF THE SERVICES

Guberni reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that Guberni will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

MISCELLANEOUS

These Terms constitute the entire and exclusive understanding and agreement between Guberni and you regarding the Site, Application and Services.

Guberni may assign its rights and obligations under these Terms to any party at any time without notice to you.

Guberni may use subcontractors to perform the Services. Such subcontracting parties shall comply with these Terms.

The use of the Services shall not create any joint venture, partnership, employment or similar relations between you and Guberni.

Guberni reserves the right to revise these Terms at any time. Guberni will inform you about any modification or change of these Terms by mail, on the Site or Application, via the Services or by other means deemed appropriate and adequate by Guberni. We will also indicate at the top of this page the date the Terms were last revised. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.

The failure of Guberni to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of hat right or provision.

Services are rendered to you under and in accordance with Portuguese law. Any dispute between you and Guberni is governed in all respects by Portuguese law. You and Guberni irrevocably consent to the exclusive jurisdiction and venue of the courts located in Coimbra, Portugal for all disputes arising out of or relating to these Terms.

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Guberni (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Questions, more information or complaints

Should you have any further questions, need more information or would want to launder a complaint, please contact Guberni via e-mail [email protected] or reach us at Instituto Pedro Nunes, Edifício D, Rua Pedro Nunes, 3030-199 Coimbra, Portugal.