PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
These terms of use (“Terms”), together with any and all other documents referred to herein, govern the relationship between you and (a) Wonde Limited (“we”, “us”, “our” or “Wonde”) under which our Wonde services are provided by us through our website and platform www.wonde.com (“Website”); and (b) within any Wonde app provided by us to you (“Wonde Applications”) whether you are a registered user of the Website or a general visitor to our Website (together, “Services”).
Please read these Terms carefully. By accessing and using the Website and/or any Wonde Applications together with any content, you confirm you understand and accept these Terms. If you do not accept these Terms, please do not access the Website and/or use the Services.
1. PRIVACY
To learn how we collect, use, and disclose your information, please review our Privacy Notice. By using the Services (including the Wonde Applications), you agree to the collection, use, disclosure and sharing of information as described in our Privacy Notice.
2. YOUR ACCOUNT
To use certain Services, you may need to create an account. If you choose to create (or you are provided with an account), including a user identification code, password or any other piece of information, as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are also responsible for keeping your account information up to date.
We have the right to disable any account whether chosen by you or allocated by us, at any time, in our sole discretion, if we believe you have failed to comply with any of the provisions of these Terms.
You agree to promptly notify us at [email protected] if you become aware of any unauthorized use of your user identification code, password, or account. You may be held liable for all losses incurred by us or any other user of our Services due to activities that occur under your account, including any misuse by you or others. You may not use another person’s account without permission, act in a way that interferes with another user’s account, or solicit another user’s password. We are not liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right at any time to terminate or suspend your account(s) for any or no reason, including any violation of these Terms.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and that they comply with them at all material times.
3. SUPPORT
For details of any support or assistance in relation to the use of our Website or Wonde Applications, please contact us at [email protected].
4. CHANGES TO THESE TERMS
We amend these Terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.
5. ACCESSING THE WEBSITE
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
We do restrict access to some parts of our Website, to users who have registered with us as opposed to general visitors.
6. TERMINATION
Wonde can terminate your use of our Website or the Services at any time and without notice if it deems that you have breached these Terms or uploaded any material to the Website or the Services that is false or misleading, or against the law or any applicable regulations, or for any other reason it determines is appropriate.
7. LIMITATION OF LIABILITY
WONDE LIMITED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE, WONDE APPLICATIONS OR THE SERVICES OR FOR ANY DAMAGES RELATED TO LOSS OF USE OF THE WEBSITE, WONDE APPLICATIONS OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE, WONDE APPLICATIONS, OR SERVICES, OR YOUR DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF WONDE IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS REGARDING OR ISSUES WITH THE WEBSITE, WONDE APPLICATIONS, OR SERVICES IS TO STOP USING THE WEBSITE, WONDE APPLICATIONS OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
8. INTELLECTUAL PROPERTY RIGHTS
A. Wonde owns all rights, title and interest in and to all of its intellectual property in the Website and any applications. You acknowledge and agree that Wonde owns all intellectual property rights in its Website.
B. Expressly as stated herein, these Terms do not grant you any rights to, or in, or any other rights or licenses in respect of our services. We are the owner or the licensee of all intellectual property rights in and to the content on the Services, and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and in and to the material published on it and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us. All of these works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use such marks without express prior written consent of the applicable owner.
C. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies.
D. For the avoidance of doubt, you may not sell any of the information set out on the Services.
E. Wonde retains all right, title, and interest in and to the Services, including all content and other material contained in or made available through the Services. You may not use any portion of the Services, except as expressly authorized in these Terms.
9. PROHIBITED ACTIVITIES
You may use our Services only for lawful purposes. When using the Services, you agree to abide by these Terms.
You may not use our Services:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (including spam); or
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- To trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- To circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein;
- To disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website;
- Use any information obtained from the Website in order to harass, abuse, or harm another person.
- To make improper use of our support services or submit false reports of abuse or misconduct.
- To use the Website in a manner inconsistent with any applicable laws or regulations.
- To use the Website to advertise or offer to sell goods and services.
- To engage in unauthorized framing of or linking to the Website.
- To engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, spiders, search/retrieval applications, manual or automatic devices to systematically retrieve, index, “scrape,” “data mine” or otherwise gather data or content from the Services, or similar data gathering and extraction tools.
- Use any materials that may be protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner or in any way that is otherwise unlawful.
- To impersonate any person, business, entity, or IP address (including, without limitation, by engaging in IP spoofing or by using email addresses or screen names associated with Wonde or any of its subsidiaries).
- To transmit, or procure the sending of, any advertisements or promotions, sales, or encourage other commercial activities, without our prior written consent.
- To frame or mirror any portion of the Services, or incorporate any portion of the Services into any other product or service without Wonde’s express prior written consent.
- To alter, damage, or delete any content provided by Wonde.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website;
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Websites are stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
10. EVENTS OUTSIDE OF OUR CONTROL
A. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control.
B. For the avoidance of doubt, we shall not be liable to you or any other person (including any intended beneficiary) as a result of any act, omission, failure, fraud, delay, negligence, insolvency or default of any bank, financial institution, clearing or payments system, or regulatory, governmental or supra-national body or authority.
11. DISCLAIMERS
WONDE DOES NOT PROMISE THAT THE SERVICES OR ANY CONTENT, SERVICE OR FEATURE OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SERVICES AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEES AS TO THE RESULTS OF OUR SERVICES. ALL INFORMATION PROVIDED ON THE SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. WONDE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WONDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WONDE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES AND/OR ANY WONDE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST WONDE FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Wonde Limited reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
We do not guarantee that any part of the Services (include the Website or Wonde Applications), or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Services for business and operational reasons. You agree that Wonde is not responsible for any damage or loss caused by failures or delays of the Services. While we try to provide the Services error-free, we do not guarantee that the Services or their content are complete, current, or error-free (including, without limitation, content related to specifications, features, or prices). If we discover errors, we will make reasonable efforts to correct them. We may update and change our Services from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
12. GOVERNING LAW
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware without regard to its conflicts of law provisions. All lawsuits arising from or relating to these Terms of Use shall be brought in the Federal or State courts located in New Castle County, Delaware, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
13. VIRUSES, HACKING & OTHER OFFENSES
A. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Websites are stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
B. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on them, or on any website linked to them.
14. GENERAL
A. Updates to these Terms. You agree that we shall have the right to make changes to these Terms from time to time when we think it is necessary and reasonable to do so, but if we do so we will notify you to the extent you have consented for us to contact.
B. Assignment and transfer. Wonde may freely assign or transfer its rights and obligations under these Terms.
C. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
D. Third party rights. These Terms are between you and us. No other person has any rights to enforce any of its terms.
E. Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.
To contact us about this Privacy Policy or other questions you may have, please email us at [email protected].