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Terms And Conditions

Hey guys! Welcome to Wandra's Terms and Conditions of Use (these "Terms"). This is a contract between you and Wandra (as defined further below) and we want you to know yours and our rights before you use the Wandra application ("Website"). Please take a few moments to read these Terms before enjoying the website, because once you access, view or use the website, you will be legally bound by these Terms.

Wandra Rules

Wandra is a website that aims to provide a supportive, safe travel community for women; where female travellers can connect with other female travellers, for the purpose of meeting a travel buddy, asking a question of the community, or sharing travel experiences.
Before you can use our awesome website, you will need to register for an account ("Account"). In order to create an Account you must:

1. be at least 18 years old; and
2. be female; and
3. be legally permitted to use the Website by the laws of your home country.

You can create an Account via manual registration, or by using your Facebook login details. If you create an Account using your Facebook login details, you authorise us to access, display and use certain information from your Facebook account (e.g. profile pictures, relationship status, location and information about Facebook friends). For more information about what information we use and how we use it, please check out ourย Privacy Policy.

Account Verification

To keep the Wandra community as safe as possible, your needs to be verified. Each User may be required to verify their identity by (without limitation) email, telephone, residential or business address, social media, referrals, references and/or formal photographic identification. The User agrees to provide Wandra with all necessary verifications we require to provide the User with access to the Service.

Limited Access

Wandra may limit access where it cannot, in its absolute discretion, verify the userโ€™s identity.

We cannot allow you to use another person's Account without permission.

All users have the ability to report another userโ€™s profile, if they believe it is in violation of these Terms of Use, via the โ€˜Report This Profileโ€™ button displayed on each userโ€™s profile. In such cases, Wandra will conduct an investigation and if the profile is found to be fraudulent, or identity cannot be verified, or the user is in violation of the Terms of Use, their account will be disabled permanently.

If you feel the need to leave weโ€™ll miss you, but you can delete your Account at any time by going to the 'Settings' page when you are logged in and clicking on the 'Delete account' link. Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from the website. We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.

You may not access, tamper with, or use non-public areas of the website or our systems. Certain portions of the website may not be accessible if you have not registered for an Account.

Types of Content

There are three types of content that you will be able to access on the website:

1. content that you upload and provide ("Your Content");
2. content that members provide ("Member Content");
3. content that the Wandra Travel provides ("Our Content").

There is certain content we can't allow on Wandra:

We want our users to be able to share travel content and experiences to their heartโ€™s content on Wandra, but we impose restrictions on certain content which:

๏‚ท contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
๏‚ท is obscene, pornographic, violent or otherwise may offend human dignity;
๏‚ท is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
๏‚ท encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
๏‚ท is defamatory or libellous;
๏‚ท relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
๏‚ท involves the transmission of "junk" mail or "spam";
๏‚ท contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Wandra or otherwise;
๏‚ท itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
๏‚ท shows another person which was created or distributed without that personโ€™s consent.

Wandra exists to connect a supportive network of fearless women who travel and operates a zero-tolerance policy for this kind of content.

Your Content

As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances. As Wandra is a public community, Your Content will be visible to other users of the website instantly and as such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the website(e.g. individuals who receive a link to a userโ€™s profile or shared content from other Wandra Users). By uploading Your Content on Wandra, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.

Member Content

Other members of Wandra will also share content via the Website. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the Website at the direction of the user providing the Member Content.

You do not have any rights in relation to other users' Member Content, and you may only use other Wandra users' personal information to the extent that your use of it matches Wandra's purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

Our Content

You may be wondering what hWebsiteens to the rest of the Content on Wandra. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property Websiteearing on Wandra are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions:
1. you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the Website;
2. you shall not use our name in metatags, keywords and/or hidden text;
3. you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way;
4. you shall use Our Content for lawful purposes only.

We reserve all other rights.

Restrictions on the Website

You agree to:

๏‚ท comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
๏‚ท use your real name on your profile;
๏‚ท use the services in a professional manner. You agree that you will not:
๏‚ท act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
๏‚ท misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity;
๏‚ท disclose information that you do not have the consent to disclose;
๏‚ท create or operate a pyramid scheme, fraud or other similar practice.

We don’t like users misbehaving in the Wandra community โ€“ users should not do bad things to other users. Therefore, you can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Block & Report’ link.

Also, we don’t appreciate users doing bad things to Wandra – we’ve worked hard on our creation, so scraping or replicating any part of the Website without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.

Privacy

For information about how Wandra Travel collects, uses, and shares your personal data, please check out ourย Privacy Policy โ€“ itโ€™s not exciting reading, but itโ€™s important and we encourage you to read it. By using Wandra, you agree that we can use such data in accordance with ourย Privacy Policy.

Push notifications and location based features

We may provide you with emails, text messages, push notifications, alerts and other messages related to the Website and/or the Wandra services, such as enhancements, product help/guidance, activity notifications, events, and other promotions. After creating a Wandra account, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Website, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request atย support@wandratravel.com .

The Website may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the Website will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorise the Website to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the Website uses and retains your information, please read theย Privacy Policy.

Liability and Indemnity

The User agrees that it uses the website at its own risk.

The User acknowledges that Wandra Travel is not responsible for the conduct or activities of any user and that Wandra Travel is not liable for such under any circumstances.

The User agrees to indemnify Wandra Travel for any loss, damage, cost or expense that Wandra Travel may suffer or incur as a result of or in connection with the Userโ€™s use of or conduct in connection with the website, including any breach by the User of these Terms.

In no circumstances will Wandra Travel be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Userโ€™s access to, or use of, or inability to use the App or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Wandra Travel knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.

All the actions you make and information you post on Wandra remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

1. any negligent acts, omissions or wilful misconduct by you;
2. your access to and use of the Website;
3. the uploading or submission of Content to the Website by you;
4. any breach of these Terms by you;
5. your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

Digital Millennium Copyright Act

Wandra Travel has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:

1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to:ย support@wandratravel.com

Miscellaneous

There are a few more things we need to mention before you can use Wandra. Please bear with us, we're nearly done!

Firstly, those standard clauses at the end of most contracts (boring, we know)

These Terms, which we may amend from time to time, constitute the entire agreement between you and Wandra Travel. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

Wandra Travel has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Wandra and provides that information on an "as is", "as available" basis. Wandra Travel does not give or make any warranty or representation of any kind about the information contained on Wandra, whether express or implied. Use of Wandra and the materials available on it is at your sole risk. Wandra Travel cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from Wandra is free of viruses or other harmful components. You accept that Wandra will not be provided uninterrupted or error free, that defects may not be corrected or that Wandra Travel, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Wandra Travel is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. please check out ourย Privacy Policy.

Changes to our Terms

As Wandra grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes โ€“ we want our users to be as informed as possible.

Your continued use of Wandra following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Wandra immediately (uh oh, that's going to be hard!).

Legals

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

By using the Website, you agree and acknowledge that Wandra is a global Website operating through servers located in the United States and the United Kingdom. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Wandra, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

The Website may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:

1. the availability or accuracy of such websites or resources; or
2. the content, products, or services on or available from such websites or resources.

Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the Website are expressly prohibited without first obtaining our prior written approval.

These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

About Us

Your access to the Website, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of Australia. By using the Website, you are consenting to the exclusive jurisdiction of the courts of the Australia, and the state of New South Wales. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail. The Terms constitute a binding legal agreement between you as user (โ€œyouโ€) and Wandra Travel (โ€œweโ€ or โ€œusโ€). Wandra Travel includes, but is not limited to, Whitehorse Labs Pty Ltd (an Australian company whose registered office is at 7/439 Alfred St North, Neutral Bay, NSW 2089).

The Terms were last updated on: 17 October 2019

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