Wandora Travel Ltd
This Wandora Platform User Agreement, including all documents and terms incorporated by reference herein (collectively, the "Agreement"), is entered into by and between Wandora Travel Ltd, a United Kingdom company with its principal place of business at [Company Address], UK ("Company" or "Wandora") and the individual or organization you identified when you registered to use the Platform ("User").
This Agreement is effective on the date you registered to use the Platform (the "Effective Date"). By registering to use the platform, you agree to the terms and conditions of this agreement as an individual or on behalf of your organisation. You represent and warrant that you have the legal authority to bind yourself and/or your organisation to this agreement, and that you have read and understood this agreement. If you do not have such authority, or if you or your organisation does not agree with the terms of this agreement, you should not accept it. Company may make access to the Platform and certain features subject to certain requirements or conditions including but not limited to requesting user information, and meeting specific eligibility requirements.
"Affiliate" means any person or entity that controls, is controlled by, or is under common control with another person or entity, where "control" means ownership of fifty percent (50%) or more of the outstanding voting securities.
"Authorised User" means a named individual that (a) is an employee, representative, consultant, contractor or agent of User or a User Affiliate; (b) is authorised to use the Platform pursuant to this Agreement; and (c) has been supplied a user identification and password by User.
"Travel Gemstone" or "Gemstone" means any travel story, experience, recommendation, photo, video, review, or other content created and shared by Users on the Platform.
"User Content" means any electronic data, materials, Travel Gemstones, stories, photos, videos, reviews, comments, or other content provided or submitted by User or Authorised Users to or through the Platform.
"Documentation" means the online help materials, including technical specifications, describing the features and functionality of the Platform, which are located on the Company's publicly-available website at wandora.travel, as updated by the Company from time to time.
"Intellectual Property Rights" means all current and future worldwide intellectual property rights, including without limitation, all patents, copyrights, trademarks, service marks, trade names, domain name rights, know-how and other trade secret rights, and all other intellectual property rights and similar forms of protection, and all applications and registrations for any of the foregoing.
"Platform" means the Wandora travel storytelling platform, including the website, mobile applications, and associated services for sharing and discovering travel experiences.
"Subscription Term(s)" means the period during which Users may access and use the Platform, either as a free service or under any paid subscription plans that may be offered.
"Support Services" means the maintenance and support services provided by the Company to Users during their use of the Platform, as more fully described in Section 2.3 below.
The Company will host the Platform and will make the Platform available to User during the Subscription Term(s), subject to the terms and conditions of this Agreement. The Platform is offered to Users at no cost for basic features, unless the User has selected a premium version or subscription plan. User's access and usage of the Platform may not exceed any defined limits, and may not interfere with other users' utilisation of the Platform. The Company may update the content, features, functionality, and user interface of the Platform from time to time in its sole discretion, and may discontinue or suspend all or any portion of the Platform at any time in its sole discretion; provided, that the Company will give Users at least fifteen (15) days' advance notice before discontinuing the Platform or materially decreasing the functionality during any paid Subscription Term. The Company grants the User a limited, non-exclusive, non-sublicensable, non-transferable right to access and use the Platform and its Documentation, solely for User's personal travel planning and storytelling purposes.
Except as otherwise expressly set forth in this Agreement, User will not and will not permit any third party to: (a) sublicense, sell, transfer, assign, distribute or otherwise commercially exploit the Platform; (b) copy, modify or create derivative works based on the Platform; (c) reverse engineer or decompile the Platform (except to the extent permitted by applicable law); (d) copy any features, functions or graphics of the Platform; (e) allow user accounts to be shared or used by more than one individual (except that accounts may be reassigned to new users replacing individuals who no longer use the Platform); or (f) access or use the Platform: (i) to send, store, or share infringing, obscene, threatening, or otherwise unlawful, harmful, or inappropriate material, including without limitation incitements to violence, defamatory material, spam, or material violative of third-party privacy rights; (ii) in violation of applicable laws; (iii) to send or store material containing software viruses, malware, or other harmful computer code; (iv) in a manner that interferes with or disrupts the integrity or performance of the Platform; (v) to gain unauthorised access to the Platform or its related systems; (vi) to circumvent any usage limits in an unauthorised manner; (vii) to abuse referrals, promotions or credits; (viii) to create fake accounts or engage in fraudulent activity; (ix) to scrape, harvest, or collect user information without authorization; or (x) to post false, misleading, or deceptive travel information or reviews.
The Company will provide email support for the Platform, which Users may request by contacting the Company at support@wandora.travel. User agrees to request support only for the Platform services covered under this Agreement.
Users agree to: (a) provide accurate and truthful information in their Travel Gemstones; (b) respect local cultures, environments, and communities when sharing travel experiences; (c) not share dangerous, illegal, or harmful travel advice; (d) respect the privacy of other travelers and local people in photos and stories; (e) not promote unsafe or environmentally damaging travel practices; and (f) comply with all applicable laws and regulations when creating and sharing travel content.
User agrees to promptly notify the Company of any unauthorised access to user accounts of which User becomes aware. User has exclusive control and responsibility for determining what content User submits to the Platform, for obtaining all necessary consents and permissions for submission of User Content, and for the accuracy, quality and legality of User Content. User is responsible for ensuring that any photos, videos, or stories shared do not infringe upon the rights of others, including privacy rights of individuals who may appear in content. User acknowledges that shared Travel Gemstones may be viewed by other users worldwide and should not include sensitive personal information. The User will use reasonable measures to prevent and will promptly notify the Company of any known or suspected unauthorised use of access credentials.
The Platform and Documentation, all copies and portions thereof, and all Intellectual Property Rights therein, including derivative works therefrom, are and will remain the sole and exclusive property of the Company. User is not authorised to use (and will not permit any third party to use) the Platform, Documentation or any portion thereof except as expressly authorised by this Agreement.
User grants the Company a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, and distribute User Content as reasonably necessary for the Company to provide the Platform services, including making Travel Gemstones discoverable by other users. This license includes the right to: (a) display User Content on the Platform and in marketing materials; (b) allow other users to view, share, and interact with User Content; (c) create compilations, recommendations, and curated collections featuring User Content; and (d) use User Content to improve Platform features and algorithms. Subject to this license, as between User and the Company, User owns all right, title and interest, including all related Intellectual Property Rights, in and to the User Content.
User acknowledges and consents that: (1) Wandora may utilise user feedback and knowledge acquired from user engagement with the platform to improve services; (2) Wandora maintains exclusive ownership of all intellectual property rights pertaining to the platform, along with any enhancements, alterations, and derivative works; (3) Users grant Wandora the authority to feature user-generated content, usernames, and profile information in connection with platform promotion and community showcases; (4) Travel Gemstones may be featured in newsletters, social media, and other marketing communications to promote the travel community.
The Company may collect and aggregate data derived from the operation of the Platform ("Aggregated Data"), including travel trends, popular destinations, and user engagement patterns, and the Company may use such Aggregated Data for purposes of operating the Company's business, monitoring performance of the Platform, improving services, and creating travel insights; provided, that the Company's use of Aggregated Data does not reveal personally identifiable information of Users.
If the Company offers premium features or subscription plans, User agrees to pay Company all charges at the prices then in effect. User authorises Company to charge chosen payment method for any recurring subscriptions. Sales tax will be added as deemed required by Company.
Company may temporarily suspend User's access to premium features immediately upon notice if User is in breach of payment obligations. Late payments may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.
This Agreement commences on the Effective Date and continues as long as User maintains an account on the Platform.
Either Party may terminate this Agreement immediately upon written notice: (a) if the other Party breaches any material term and such breach is not cured within thirty (30) days after written notice; (b) for violations of community guidelines, posting inappropriate content, or engaging in harmful behavior on the Platform.
Either Party may terminate this Agreement for any reason by providing fifteen (15) days prior written notice. Company may suspend User's access immediately if User violates platform guidelines or intellectual property rights.
Upon termination: (a) User's right to access the Platform will terminate; (b) User Content may remain visible on the Platform unless User requests removal; (c) the provisions regarding intellectual property, confidentiality, and limitation of liability will survive termination.
Following termination, Company may deactivate User's account and has the right to remove User Content from the Platform. User acknowledges responsibility to backup any User Content prior to termination. However, Travel Gemstones that have been shared with the community may remain accessible to preserve the integrity of travel recommendations and community discussions.
Each Party represents and warrants that it has the power and authority to enter into this Agreement and that its use of the Platform complies with applicable laws.
Company warrants that the Platform will perform materially in accordance with the Documentation. In the event of material issues, User's remedy is to request assistance through Support Services.
Company makes no warranties regarding the accuracy, completeness, or reliability of User Content, Travel Gemstones, or travel information shared on the Platform. Users are responsible for verifying travel information and making informed decisions about their travel plans.
Except for the warranties set forth above, to the maximum extent permitted under applicable law, the Platform is provided "as is" without warranty of any kind. Company specifically disclaims all other warranties, including merchantability, fitness for a particular purpose, and non-infringement. Company does not warrant the Platform will be error-free or uninterrupted.
Subject to liability limitations, Company will defend User against third party claims that the Platform infringes any trademark or copyright, and will indemnify against damages finally awarded, except for claims based on: (a) User modifications; (b) combination with User Content or third party materials; (c) use other than in accordance with this Agreement.
User will defend, indemnify and hold harmless Company from claims arising from: (i) User's use of the Platform; (ii) User Content; (iii) User's violation of this Agreement; (iv) User's travel activities or reliance on travel information from the Platform; provided, that User will have no obligation to the extent claims arise from Company's breach of this Agreement.
In no event will either Party be liable for consequential, incidental, special, indirect, punitive or exemplary damages, including lost profits, business interruptions, or travel-related losses. Company's total aggregate liability will not exceed one thousand dollars ($1,000), except for indemnification obligations (capped at ten thousand dollars ($10,000)). Nothing herein limits liability for willful misconduct, gross negligence, or fraud.
Company is not responsible for: (a) travel decisions made based on Platform content; (b) changes in travel conditions, closures, or accessibility; (c) interactions between users who meet through the Platform; (d) third-party travel services booked or recommended through the Platform; (e) accuracy of user-generated travel information or reviews.
"Confidential Information" includes this Agreement, Platform technical information, and proprietary business information. Each party will protect the other's Confidential Information and use it solely for purposes of this Agreement.
Company respects User privacy and will handle personal information in accordance with its Privacy Policy. Users should be mindful of privacy when sharing Travel Gemstones and avoid including sensitive personal information in public content.
User grants Company a royalty-free, perpetual license to use any feedback or suggestions provided regarding the Platform.
Neither Party may assign this Agreement without consent, except to affiliates or in connection with mergers or asset sales, provided obligations are assumed and fees are paid.
This Agreement shall be governed by English law, with courts of England and Wales having exclusive jurisdiction.
User agrees to follow Wandora's Community Guidelines, which promote respectful, authentic, and helpful travel sharing. These guidelines are incorporated by reference and may be updated from time to time.
Notices will be sent to addresses provided during registration or to legal@wandora.travel for Company notices.
If any provision is held invalid, it will be replaced with a valid provision that most closely reflects the parties' intent, and remaining provisions remain in effect.
This Agreement, together with the Privacy Policy and Community Guidelines, comprises the entire agreement between the parties and supersedes all prior agreements regarding the subject matter.
By using the Wandora Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. Safe travels and happy storytelling!