TERMS OF USE AND POLICY PRIVACY 

TRIEND APP

THE TRIEND GROUP LTD, a company registered in England and Wales under company number 12127696, whose registered office is at 1st Floor 2 Woodberry Grove, Finchley, London, England, N12 0DRSuite A 82 James Carter Road, Mildenhall, Bury St. Edmunds, England, IP28 7DE (called hereafter called “Triend”).

Triend is owning a mobile application in peer-to-peer, also accessible through the website https://traveltriend.com/ where Users can share their travel experiences and monetise them. 

The Terms of use and privacy policy herein are binding every user older than 15 year-old that installs and want to use Triend App. 

1. DEFINITIONS

Experience: refers to any tour, experience, activity, party, accommodation or other travel or local recommendation that the User can see or upload on Triend App.

Content: refers to any photo, video, sound, text about an Experience that a User can upload on Triend App.

Content creator: refers to the User who recommends an Experience of a Trip on Triend App.

Parties: refers to User and/or Triend.

Triend features: refers to guiding features of an Experience such as pin geolocation, push notifications and live interactive map.

Service: refers to the functionalities accessible on Triend App which notably permits the User to upload Content, viewing Content of other users, share it through its User Account and to use Triend features.

Terms of use: refers to these General Terms of use and privacy policy.

Triend Premium: refers to the locked premium option of Triend App on Experiences of a Trip that appear with a crown emoticon and unlocked after the User ordered, accepted the terms of Services and paid. 

Triend App: refers to the mobile application, property of Triend accessible on a smartphone or tablet from Play store or Apple store. It refers also to the Platform https://traveltriend.com/, property of Triend.  Trip: refers to a folder on Triend app where a Content creator can upload one or more Experiences.

User: refers to any individual person who uses the Service. 

User Account: refers to nominative access of the User to Triend App allowing access to the Service.

1. APPLICATION OF THESE TERMS OF USE

2.1. These Terms and conditions set out the rules under which Triend provides access to the Service of Triend App to the User.

2.2. Using Triend App implies the User’s acceptance, without any reserves, of these Terms of Use.

The User declares to have read these Terms and conditions and to agree before to use the Service which therefore constitutes a legal, valid and binding Agreement enforceable against the User. 

Triend reserves the right to unilaterally modify the Terms of use at any time and without prior notice. The User has to accept the latest version accessible on Triend App to continue using the Service.

The Terms of use are written exclusively in English. In case of translation, only the English version will prevail.

1. PRESENTATION OF TRIEND APP AND SERVICE

3.1. Triend App is a mobile application, also accessible through the Website https://traveltriend.com/. 

Triend App aims to decentralise the travel industry and offers a handheld peer to peer mobile solution for Users can share, promote their travel experiences such as trip, journey, tour, experience, activity, accommodation or any other type of offer (Hereafter called “Experience”). 

Triend App act as a social marketplace and offers the possibility to the Content creator to create its own personalised travel itineraries and monetise its personal Experiences when the User want to access to Triend Premium. 

Triend App employs User-generated Content and a technology which allows the User to make personalised travel choices and to share them.

Triend App has developed a technology that offers special guiding features such as pin geolocation, push notifications and live interactive map.

A User can recommend an Experience on Triend app through its User account (hereafter called “Content creator”) and can monetise its Content when a User order a Triend Premium.

Triend App offers the possibility to the User to discover authentic recommended Experiences with the confidence that those recommendations come from genuine people who have done the Experience before.

3.2. The User acknowledges that all Content of Experiences that Triend App displays is uploaded by other users. Although Triend use reasonable skill and care to verify information displayed, Triend cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information or non-delivery of information. As such, the User shall verify all information before to do any Experience.

The Content creator acknowledges that Triend features are upgrading the Content to offer to the User a new extent to an Experience. The Content creator is informed that Triend do not modify the Content. 

1. ACCESSIBILITY AND MAINTENANCE OF THE APP

Triend App is compatible with iOS (Apple store) operating system on its first version.

Triend App is accessible 24 hours a day, 7 days a week. Updates to Triend App can be made any time. During the maintenance periods of Triend App, the User is informed that all or part of the Triend App and Service may be temporarily unavailable.

Triend strives to offer the Service on Triend App without significant interruptions and to improve the Service continuously. However, it may occur that the service is completely or partially unavailable for certain periods of time for reasons of planned or unplanned downtime, for maintenance or in case of technical difficulties.

In case of a defective digital content that implies damages on a device or digital content belonging to the User caused by Triend failure to use reasonable care and skill, Triend will either repair the damage or pay the User reasonable compensation. However, this excluded any damage that the User could have avoided by following Triend advice to apply an update or for damage that was caused by the User failing to correctly follow installation instructions.

The User is responsible for any mobile charges that may apply to the User’s use of Service, including data charges.

1. DESCRIPTION OF SERVICE

The access to Triend App and to the Service is only for natural person of 15 year-old and over. 

The Service allows the User to publish on User account page photo, video, sound, text (hereafter called “Content”), to watch Content other users have created and interact with those Content and other users. 

The Service offers also Triend features to upgrade Content shared such as a pin geolocation, push notifications and live interactive map.

5.1. Sharing Content

The Content creator is informed and accept that all Content uploaded on Triend App will be publicly available to other users.

The Content creator can share its Content, or Content of other users that have enabled sharing, via various messaging and chat and on third-party social media platforms (e.g. Instagram, Facebook, YouTube, Twitter) in accordance with the respective terms of use.

The Content creator can enter a description, tags, category and various settings when publishing a Content.

For each Experience, the Content creator can enter tips and hints.

The Content creator can be affiliate and receive a commission on each Triend premium ordered for its Content. By default, the three (3) first Experiences shared under a Trip are unlocked and for free. After sharing 4 or more Experiences, the Content creator has the possibility to lock them for Triend premium order only (See article 6).

5.2. Watching Content

The User can watch Content that Content creators have shared publicly on Triend App or by users that the User follow.

Triend App provides the User with a customised “Near you” page in which Triend selects videos to show you relatively to the User location and the User searches on Triend App. 

Triend App provides other ways to find Content such as a search function and category selection.

5.3. Interacting with Users

User can interact with users’ Content and other users by using the following services: 

• To send direct messages to users; 
• To like videos; 
• To post comments on other users Content; 
• To follow other users.

5.4. Using Triend features

The User can access Triend features such as:

• A live interactive map that shows all the Experiences;
• Pin-pointed geolocation which permits to locate on the map the exact spot of the Experience;
• Push notifications that alert the User when the User passes along a pin geolocation. 

The User can access to Triend features as long as the Experience is not locked as Triend Premium and identified with a crown emoticon.

The User acknowledge that the location of the Experience is filled out by the Content creator and the User is called to verify information before the Experience. The User acknowledges and agrees that Triend is not responsible of any lack about the geolocation of any Experience. 

Triend features are upgrading the Content to offer to the User a new extent to an Experience. The Content creator is informed that Triend do not modify the Content and is not responsibility for its accuracy.

1. TRIEND PREMIUM  User can also upgrade your user account to a Triend setter Account that gives access to additional features, such as monetising Content (option not yet accessible).

Triend Premium permits full access to Triend features on each Experience of a Trip.

6.1. Customer of Triend Premium

To receive the access to any Experience locked under a Trip, shown with a crown emoticon, the User has to order, acknowledges and accepts the Terms of Service accessible here and pay £5. 

6.2. Content creator

To contribute to the promotion of Triend app and special guiding features, Triend offers to each Content creator the possibility to become an affiliate and monetise its quality Content receiving a commission of 80% of each Triend premium ordered by a User for the related Trip. 

By default, the three (3) first Experiences shared under a Trip are unlocked and for free to each User.

After sharing 4 or more Experiences, the Content creator has the possibility to lock them for Triend premium order only. The Content creator can decide which Experience are locked and what remains free of use. 

The Content creator acknowledges that sharing for free its Experience implies to keep it unlocked and free of use without the right to monetise it afterwards and receive a commission.

The commission of 80% of each Triend premium ordered by a User for the related Experience will be transferred on a weekly basis to the Content creator’s Hyperwallet account.

Triend keeps a list updated in the backend of Triend app that shows the number of users which have ordered Triend premium for a Trip owned by the Content creator. The report of this list is made on a weekly basis from Triend to the Content creator.

In order to receive the commission, the Content creator has to create an account on www.hyperwallet.com and to fill in the dedicated form on the User account with its Hyperwaller ID number. 

In absence of the ID number, Triend shall not be liable to the User for any loss or damages of any kind due to the impossibility to transfer the commission. In case of any problem regarding the above, the Content creator is invited to contact [email protected][email protected].

1. USER ACCOUNT

7.1. The User may access and use Service on Triend App after the creation of its own User account. This registration implies the User’s acceptance, of these Terms of use.

7.2. To create a User Account the User ensures being a natural person and of age (+15) being able to use fully the Service. 

7.3. To create a User Account, Triend App request the following information from the User: 

– First Name

– Last name

– Email

– Date of birth

– Gender

– Country

– Password

The User must click on “Sign up” to finalise its registration. 

The registration and creation of the User account require to fill in all the blank space with the above information otherwise Triend cannot ensure any access to Triend App’s Service. 

Alternatively, the User has the possibility to sign up with Gmail account, Facebook account or from Apple. 

7.4. The Account is nominative and secured by a unique password chosen by the User including uppercase, lowercase, number and special character.

The User agrees not to transmit his password to a third party.

In the event of a proven or suspected theft of his access information, the User is required to notify Triend without delay in order to suspend access to its User Account.

Triend cannot be held responsible for the use of the User Account by unauthorized third parties.

In the event of loss of his/her password, the User can use the “forgot password” button or make a request to Triend for the configuration of a new password.

6.5. All personal data is stored securely and processed in accordance with applicable legislation. 

The User has the right to be informed of which data Triend has stored about it, and to request the correction of any errors. Further information regarding Triend’s Privacy Policy can be found here and is part of this Agreement.

7.6. The User can enter a short biography text and profile picture in its public user profile. As all Content uploaded on Triend app, these information shall not be contrary to these Terms of use especially not contrary to accepted standards of good behaviour or the public order.

7.7. The User Account remains effective as long as the User does not dispose otherwise by requesting its deletion or in case of deactivation by Triend considering the User behaviour contrary to these Terms of use in accordance with the terms provided for in article 6 of these Terms and conditions.

1. TERMS OF USE

8.1. The User warrants the following: 

– all information filled in for the registration is true, accurate, current and complete;

– to keep its access details and password confidential;

– being completely responsible for any use of its User Account by any third party;

– being responsible for any Content and information that it shares on Triend App on its account including the interaction with other users

– having done before, the Experience that he/she shares on Triend app.

8.2. The User may use Triend App in compliance with the law and regulations in force and these Terms of use. The User may not:

– make copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in Triend App or any derivative works thereof unless any such activities are expressly authorised by Triend in advance;

– distribute, license, transfer, or sell, in whole or in part, any of Triend App or any derivative works thereof;

– market, rent or lease Triend App for a fee or charge, or use it to advertise or perform any commercial solicitation unless such activities are expressly authorised by Triend in advance; 

– use the Services, without our express written consent, for any commercial or unauthorised purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

– interfere with or attempt to interfere with the proper working of the Service on Triend App;

– incorporate Triend App or any portion thereof into any other program or product;

– use any automated system or software, whether operated by a third party or otherwise, to extract any data from Triend App for commercial purposes (“screen scraping”);

– impersonate any individual person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;

– intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

– use or attempt to use another’s user Account or create a false identity on Triend App;

– use Triend App in a manner that may create a conflict of interest with Triend App service;

– use the Services to either intentionally, recklessly or negligently upload, transmit, distribute, store or otherwise make available: 

• any material which does or may infringe applicable laws or which infringes someone else’s rights; 
• any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; 
• any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other prohibited form of solicitation; 
• any material which does or may infringe any copyright, trade mark or other intellectual property of any other person;
• any material which infringes privacy or personality rights of any other person or deceased person; 
• any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; 
• any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; 
• any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; 
• any material that contains a threat of any kind, including threats of physical violence; 
• any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; 
• any answers, responses, comments, opinions, analysis or recommendations that User are not properly licensed or otherwise qualified to provide; 
• any material that, in the sole judgment of Triend, is objectionable or which restricts or inhibits any other person from using Triend App, or which may expose Triend, the Service or its users to any harm or liability of any type.

Triend reserves the right, at any time and without prior notice, to permanently or temporarily remove or suspend access to Triend app if in sole Triend’s opinion the User behaviour violates or potentially violates these Terms of use, third party rights (including intellectual property rights), applicable laws or regulations or is otherwise harmful to Triend App, its users or third-parties.

8.3. Other users on Triend App have agreed these Terms of use and should follow and comply with it that includes information and Content uploaded by them. 

The User is informed and agrees that the Content on Triend App is provided by other users and is not intended to be considered as advice on which the User should rely. The User must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on Triend App.

Triend makes no representations, warranties or guarantees, whether express or implied, that any Content is accurate, complete or up to date. Where Triend App contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no visibility or control over the contents on or available through those sites or resources and you acknowledge and agree that we have no liability for any such content. Such links should not be interpreted as approval by us of those linked websites or information you may obtain on or through them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Platform (including User Content).

The information and User’s Content have not been verified or approved by Triend and the views expressed by users do not represent Triend views or values.

The User consents, in case of notice any behaviour that does not comply and/or wish to complain about any behaviour in contrary to the above term, to notify Triend by email at [email protected]

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1. INTELLECTUAL PROPERTY RIGHTS 

9.1. Triend’s intellectual property rights

The User is informed and recognised that all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on Triend App, and all intellectual property rights related thereto are either owned or licensed by Triend (hereafter called “Triend’s Content”)

The use of Triend’s Content for any purpose not expressly permitted by these Terms of use is strictly prohibited. Triend’s Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without Triend or, where applicable, Triend’s licensors prior express written consent. 

The User is hereby granted a non-exclusive, limited, non-transferable, non-sub licensable, revocable, worldwide license to access and use the Services, including to download Triend App on a permitted device, and to access Triend’s Content solely for personal, non-commercial use through Triend App and solely in compliance with these Terms of user. 

The user is informed and agrees that upon any termination of the User Account or these Terms of use, this license granted will automatically terminate.

9.2. Content creator’s intellectual property rights

Users of the Services may be permitted to upload Content on Triend App including, without limitation, any photo, video, sound, text (also called “Content creator”). 

The Content creator is informed and agreed not to post any Content on or through Triend App that can be considered to be confidential or owned to any other third-party without its consent. 

In order to upload Content on Triend App, the Content creator warrants to own any part of the content or to have received all necessary permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the content to submit such Content on Triend App, to transmit it from Triend App to other third party platforms, and/or to otherwise make any use of such Content on or through Triend App.

In case that the Content creator own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, the Content creator is informed and agreed not to upload or otherwise make available such sound recordings through Triend App unless having all permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the Content to submit it on Triend App.

Whenever the Content creator access or use a feature that allows to upload or transmit other user’s Content through Triend App (including via certain third party social media platforms such as Instagram, Facebook, YouTube or Twitter), or to make interaction with other users of the Services, the Content creator warrants to comply with the content guidelines on article 8 below and in accordance with these Terms of use.

Except as expressly provided otherwise in these Terms or use, the Content creator or the owner of Content still own the copyright and any other intellectual property rights in the Content uploaded, but by submitting this Content through Triend App, the User hereby grant : 

• Triend an unconditional irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise others users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit the Content in any format, either now known or hereinafter invented; 
• to other users of the Services an unconditional irrevocable, non-exclusive, royalty-free, perpetual worldwide licence to use, download, publish and/or transmit, and/or distribute some or all of the Content in any format and on any platform, either now known or hereinafter invented for the purpose of generating other Content or watching your Content for entertainment or other private, non-commercial purposes.

The Content creator also grants Triend a royalty-free license to use User name, image, and likeness to identify the Content creator as the source of its Content.

For the avoidance of doubt, the rights granted in the preceding terms include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that the Content creator is granting Triend the right to use the Content without the obligation to pay royalties to the Content creator or any third party.

1. CONTENT GUIDELINES

10.1. These content guidelines apply to any and all Content which the User upload on Triend App.

10.2. The Content creator, by uploading Content shall:

– be accurate (where it states facts);

– be genuinely held (where it states opinions); and

– comply with the law applicable in England and Wales and in any country from which it is posted;

– be in accordance with these Terms of use.

10.3. The Content creator, by uploading Content shall not:

– be defamatory of any person;

– be obscene, offensive, hateful or inflammatory;

– contain sexually explicit material;

– promote violence;

– promote or display discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

– infringe any copyright, database right, design right or trade mark of any other person;

– be likely to deceive any person;

– breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

– promote any illegal activity;

– be in contempt of court;

– harm any other person being threatening, abusive, or invasive on another person’s privacy, or cause annoyance, inconvenience or anxiety;

– be likely to harass, upset, embarrass, alarm or annoy any other person;

– impersonate any person, or falsify identity or affiliation with any person;

– give the impression that the content uploaded or contributed by the Content creator emanates from Triend;

– advocate, promote or incite any party to commit, or assist any person to commit, any unlawful or criminal act such as (by way of example only) copyright infringement; or contain any statement which the Content creator knows or believes, or have reasonable grounds for believing, is likely to be understood by relevant members of users as a direct or indirect encouragement of or inducement to the commission, preparation or instigation of acts of terrorism.

1. LIMITATION OF LIABILITY

Nothing in these terms shall exclude or limit Triend’s liability for losses which may not be lawfully excluded or limited by applicable law. 

Subject to the paragraph above, Triend shall not be liable to the User whether in contract, in tort (including negligence), under any statute or otherwise under or in connection with these terms or the provision or receipt of the services for: 

– any loss of profit;

– any loss of goodwill; 

– any loss of opportunity; 

– any loss of data; 

– any loss of business; 

– any business interruption; 

– any loss of business reputation; or 

– any indirect or consequential losses of whatever nature. 

In addition, User is informed and agrees that subject to the first paragraph, Triend shall not be liable whether in contract, in tort (including negligence), under any statute or otherwise for any liability, loss, expense (including legal fees), cost claim or damages which may be incurred by the User or any other person arising out of or in connection with: 

– any reliance placed by the User on the completeness, accuracy of the information displayed on the Content by a Content creator; 

– any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the services); 

– the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Users’ use of the services; 

– The User’s failure to provide Triend with accurate account information; 

– or the User’s failure to keep the User’s password or Account details secure and confidential.

It is a recall that the Service provided on Triend App is for domestic and private use. The User agrees not to use Triend app for any commercial or business purposes unless Triend has granted express written consent.  

In case of a defective digital content that implies damages on a device or digital content belonging to the User caused by Triend failure to use reasonable care and skill, Triend will either repair the damage or pay the User reasonable compensation. However, this excluded any damage that the User could have avoided by following Triend advice to apply an update or for damage that was caused by the User failing to correctly follow installation instructions.

The User is not responsible for any mobile charges that may apply to the User’s use of Service, including data charges. 

1. PRIVACY POLICY

The User is informed and agrees that his/her personal data will be collected when creating the User Account by Triend which acts as data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC also called “General Data Protection Regulation” or “GDPR”.

The data collected are as follows:

Triend uses tracking technologies, in particular cookies, to improve Triend App and adapt it to the user’s needs.

The User is informed and agrees that the personal data will be stored on an Amazon solution.

Triend undertakes to use the User’s Personal Data only for the operation of Triend App and Service for account creation and management purposes.

In accordance with the provisions of General Data Protection Regulation, the Customer has a right of access, rectification, deletion, limitation, opposition, portability of personal data concerning him/her appearing in Triend’s files.

The User also has the right to lodge a complaint to the Information commissioner’s office (ICO), in particular on its website https://ico.org.uk/make-a-complaint/ .

For any information or complaint relatively to data processing, the User can contact Triend by mail at [email protected]

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1. TERMINATION AND SUSPENSION

12.1. Triend may terminate the User’s right to use Triend App by giving the User up to 7 days notice by email in case of a breach of these Terms or use and especially article 7 and 9 above.  

Upon termination the User’s rights to use Triend app shall cease

12.2. The User can decide to stop using Triend App at any time on the User’s Account or by email at [email protected]

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1. OTHER TERMS

14.1. In case Triend does not insist immediately that the User fulfil him/her obligations under these terms of use, or if Triend delays in taking steps against the User in case of a breach of these Terms of use, does not mean that the User does not have to fulfil him/her obligations and does not prevent Triend from taking steps against he User at a later date.

14.2. If any provision or part-provision of these terms of use are or become invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make them valid, legal and enforceable. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the intention of the Parties.

1. ENFORCEABLE LAW AND LITIGATION

For the application of these Terms of use, the applicable law is English and wales law.

Any dispute which may result from the interpretation or execution of these Terms of us shall be submitted to the competent courts of the User country of residence. 

Any dispute shall be the subject of a prior attempt at amicable settlement.

The amicable settlement request must be made by email to [email protected]

Alternatively, the User is also informed that the dispute can be raised with an alternative dispute resolution body accessible following this link : https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.