Effective date: October 31, 2023
Please read the following terms of service (“Terms”) carefully before using the Platform or Services as described below. If you do not understand the Terms, or do not agree to any part of the Terms, please do not access, or use the Platform or the Services. Use of the Platform or Services shall be construed as your acceptance of these Terms.
1. TERMS
1.1 Acceptance of Terms.
Wandir is a platform of Wandir Technologies, Inc. (“Wandir” or “we”). Wandir provides its Services through its web-based software application located at wandir.com (“Site”, and together with all sub-domains, linked pages, websites and applications hosted on or connected with it such as any software published by us and hosted on any server, browser, computer, tablet or mobile device, the “Platform”).
These Terms govern your access to and use of any content, functionality, products sold through, and services offered on the Platform (the “Services”). By using or accessing the Platform and/or Services, by any means, you acknowledge that you have read, understood and agree to be bound at all times by these Terms, which, together with our Privacy Policy, govern the relationship between you and Wandir in relation to the Platform and the Services.
If you are agreeing to these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, please do not access or use the Services.
1.2 Changes to Terms.
Wandir is constantly improving the Platform and the Services. We reserve the right to alter or withdraw the Services at any time without notice, including in order to make enhancements, comply with applicable law, or prevent illegal activity on the Platform and/or Services. We may revise these Terms from time to time. The most current version will always be posted on the Site. You understand and agree that we will not notify you of revisions to these Terms and we will assume no liability or responsibility to you for our failure or inability to do so for any reason. By continuing to access or use the Platform and/or Services, you agree to be bound by the revised Terms. If you do not understand or agree to the revised Terms, please stop using the Platform and the Services.
2. ACCOUNT ACTIVATION, MONITORING & TERMINATION
To use Wandir, you can create an account directly on the Platform, or you may sign in using a number of ways, including by Facebook login. If you choose to use your Google login, you authorize us to access and use certain Google account information, including but not limited to your public Google profile. For more information regarding the data we collect from you and how we use it, please consult our Privacy Policy. You are responsible for maintaining the confidentiality of the login credentials you use to sign up for Wandir, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please contact us immediately.
Wandir’s free account feature allows you to, among other things, meet people with similar interests, post about and discover plans, upload a user photo to identify yourself to other members, and participate in discussion communities with other members. You can register for a free account at any time free of charge.
In addition to those free account features, with a premium account, you may be able:
Upload more photos about you or your plans
Make audio and video calls with other members (if available)
Upload files in a chat
Post advertisements related to travel experiences
Use a Chat interface
Other features we determine
What premium features are available are subject to change at any time without notice.
Wandir may offer products and services for purchase (e.g., premium accounts) through the App Store, Google Play Store, carrier billing, Wandir direct billing or other payment platforms authorized by Wandir. If you choose to make such purchases, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (i.e., credit card, third-party account such as the Google Play Store or App Store (your "Payment Method") will be charged for the in-app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Wandir or the third party account, as applicable, to charge you
If you purchase an auto-recurring periodic subscription through an in-app purchase, your Payment Method will continue to be billed for the subscription until you cancel. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with these Terms and our Privacy Policy.
You represent and warrant to Wandir that such information is true and that you are authorized to use the Payment Method. You represent and warrant that you will promptly update your account information with any changes that may occur and you acknowledge that failure to do so may lead to Wandir terminating your access to the Platform and closing your account. You agree to pay Wandir the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms. You hereby authorize Wandir to bill your Payment Method in advance on a periodic basis in accordance with the terms of the applicable payment plan until such time that you terminate your account, and you further agree to pay any charges so incurred. If you wish to dispute any charges, you must notify Wandir within sixty (60) days after the date that Wandir invoices you. We reserve the right to change Wandir’s prices, upon which we will provide notice of the change on the Platform or by email to you, at Wandir’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Platform following any price change constitutes your agreement to pay the new price. We may offer a number of subscription plans, including special promotional plans with differing conditions and limitations, at our discretion.
Payments are non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, you will continue to have access to the Platform through the end of your then current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.
2.2 Eligibility
You are not authorized to create an account or access or use the Platform or systems it resides on unless all of the following are true:
you are at least 18 years of age;
you have the authority to enter into a binding contract with Wandir;
you are not a person who is barred from using the Platform under the laws of Canada or any other applicable jurisdiction;
you will comply with these Terms and all applicable laws, rules and regulations; and
you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
2.3 Service Modifications
Wandir is always striving to improve the Services and bring additional functionality that you will find engaging and useful. Wandir reserves the right to change the scope, pricing, mode and nature of the rights associated with users’ access to Platform and/or Services, including business models, revenue models, pricing and other terms and conditions, at any time and from time to time; such changes are effective when Wandir posts the same to the Platform and/or Services. Wandir may, in its sole discretion, change some or all of Platform and/or Services at any time.
2.4 Account Monitoring
Wandir shall have the right, but no obligation, to monitor your activities on the Platform and/or Services to determine, in Wandir’s sole discretion, compliance with these Terms, our Privacy Policy and any other operating rules we establish.
2.5 Termination by User
You can deactivate your account or cancel your premium subscription at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH PREMIUM MEMBERSHIP PERIODS. If you are having any trouble with terminating your subscription, please contact us at [insert email address]. We will continue to bill you for your subscription fee until you cancel.
2.6 Termination by Wandir
Wandir may terminate your account and these Terms at any time by providing thirty (30) days prior notice to the administrative email address associated with your account.
Wandir may terminate or suspend any and all Services and/or your user account immediately, without prior notice or liability, if (i) you have breached any of these Terms, (ii) after ten (10) days of receipt of notice of nonpayment from Wandir, you do not pay your subscription fee, (iii) you display abuse of the Platform’s functionality, or failure to comply with Wandir’s Privacy Policy, and (iv) if we believe you have participated in conduct that has or could create liability or harm to another user, third party or Wandir.
Wandir may also terminate any portion of the Services if, in Wandir’s sole discretion, Wandir believes that portion of the Service is no longer commercially sustainable.
Upon termination of your account, your license to use the Platform and/or Services will be revoked, and your right to use the Platform and/or Services will immediately cease. All of your Content on the Platform (if any) may be permanently deleted by Wandir upon any termination of your account in its sole discretion. All accrued rights to payment shall survive termination of these Terms.
3. COMMUNITY GUIDELINES & SAFETY
3.1 Your Representations and Warranties relating to Safety
Members must engage with the Wandir community in good faith, by sharing honest, respectful and well-intentioned content that contributes positively to the Wandir community atmosphere.
By using the Platform and the Services, you represent and warrant that you will not:
use the Platform for any purpose that is illegal or prohibited by these Terms;
use the Platform for any harmful or nefarious purpose;
use the Platform in order to damage Wandir;
spam, solicit money from or defraud any Wandir members;
impersonate any person or entity or post any images of another person without their permission;
bully, "stalk", intimidate, assault, harass, mistreat or defame any person;
post any Content that violates or infringes another’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;
post any Content that is hate speech, threatening, sexually explicit or pornographic;
post any Content that incites violence, or contains nudity or graphic or gratuitous violence;
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission;
use another member's account, share an account with another member, or maintain more than one account;
create another account if we have already terminated your account, except with our express permission;
Wandir reserves the right to investigate and/or terminate your account without refund of any purchases if you have violated these Terms, misused the Platform or behaved in a way that Wandir regards as inappropriate or unlawful, including actions or communications that occur on or off the Platform should they become known to Wandir. In the event that you violate the terms in this Section 3, your authorization to use the Platform will be automatically revoked and your account will be deactivated.
3.2 Interactions with other Members
Though Wandir strives to encourage a respectful member experience, we are not responsible for the conduct of any member on or off of the Platform. By using the Platform, you agree to use caution in all interactions with other members, particularly if you decide to communicate off the Platform or to meet in person. You acknowledge that you have reviewed the community guidelines outlined in these Terms prior to using the Platform. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.
BY USING THE PLATFORM, YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WANDIR DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. WANDIR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS, NOR BEARS ANY RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ITS MEMBERS ON OR OFF THE PLATFORM.
3.3 Inappropriate Content
Although Wandir reserves the right to review and remove Content that violates these Terms, such Content is the sole responsibility of the member who posts it, and Wandir cannot guarantee that all Content will comply with these Terms.
If you see Content on the Platform that violates these Terms, please “quarantine” "red flag" the Content. This will remove the Conent and anonymously notify the owner of the Content to remove the content or to modify it so that it complies with these Terms. If the Content is not so modified or removed within 10 days of its quarantine, please contact us immediately to report it. Note that abuse of the quarantine feature may result in termination of your account.
4. LICENSE TO USE / CONDITIONS OF USE
4.1 License to Use
Subject to compliance with these Terms, Wandir grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Platform and/or Services on any device, including the right to install and use software made available by or through Wandir to enable you to access and use the Platform and/or Services on or from any device for which such use is permitted by Wandir. All rights, title and interest in and to the Platform and its components shall remain with and belong exclusively to Wandir.
You shall not, and shall not allow any third party to, (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Platform available to any third party; (b) use the Platform in any unlawful manner (including, without limitation, in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Platform or its components; or (c) copy, modify, adapt or hack the Platform to, or otherwise attempt to, gain unauthorized access to the Platform or its related systems or networks. You agree not to access the Platform by any means other than through the interface that is provided by Wandir for use in accessing the Platform.
Any rights not expressly granted herein are reserved and no license or right to use any trademark of Wandir or any third party is granted to you in connection with the Platform. You shall comply with any codes of conduct, policies or other notices Wandir provides you or publishes in connection with the Platform, and you shall promptly notify Wandir if you learn of a security breach related to the Platform.
4.2 Conditions of Use
As a condition of your access and use, you agree that you will use the Platform and/or Services only for lawful purposes and in accordance with these Terms.
Without limiting the foregoing, you warrant and agree that your use of the Platform and/or Services shall not:
In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
In any manner violate the terms of use of any third-party website that is linked to the Platform, including but not limited to, any third-party social media website.
Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms or our Privacy Policy.
Impersonate or attempt to impersonate Wandir, an Wandir employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Wandir or users of the Platform and/or Services or expose them to liability.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
4.3 Responsibility of Information
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Platform (“Content”).
You are responsible for maintaining the confidentiality of your login, password and account information, and for all activities that occur under your login or account. Wandir reserves the right to access your account in order to respond to your requests for technical support.
By posting your Content on or through the Platform, you hereby do and shall grant Wandir a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform your Content in connection with the Platform. Wandir has the right, but not the obligation, to monitor the Platform and Content. You further agree that Wandir may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
You understand that the operation of the Platform and/or Services, may be unencrypted and involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices and (iii) transmission to Wandir’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Platform. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your Content. Wandir will have no liability to you for any unauthorized access or use of any of your Content, or any corruption, deletion, destruction or loss of any of your Content.
Subject to these Terms, Wandir may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
5. THIRD PARTY CONTENT AND EXTERNAL LINKS
5.1 Third Party Service
Your use of any third-party service provider in connection with the Platform and/or Services is governed by such third-party service provider’s then applicable terms and conditions and, to the extent that you make use of a third-party provider in connection with the Platform and/or Services, you hereby agree to abide by such terms.
5.2 Third Party Content and Links
The Platform and/or Services, other members or third parties may provide, links to other websites or resources (“Third-Party Content”). The inclusion or appearance of Third-Party Content on the Platform does not indicate any approval or endorsement by Wandir of such Third-Party Content. Wandir is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content or the act of accessing, browsing, or otherwise using such Third-Party Content.
You acknowledge and agree that Wandir has no control over such Third-Party Content and is not responsible for the availability of such external platforms or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such members, platforms or resources. You further acknowledge and agree that Wandir shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such platform or resource.
6. DISCLAIMERS
6.1 Release and Indemnification
You will indemnify, defend, and hold harmless Wandir, its agents, shareholders, officers, directors, and affiliated entities (the “Wandir Releasees”) against any actual or threatened third party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever (“Claims”) arising out of or based upon your use of and access to the Platform and/or Services, any breach of these Terms or from any representation or warranty contained in these Terms and made by you which was or is at any time false, your violation of any third party right, including, but not limited to, any copyright, property, or privacy right, and indemnify the Wandir Releasees from all damages, costs, and attorneys’ fees finally awarded in any such Claim.
You hereby expressly and irrevocably release and forever discharge Wandir, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Platform and/or Services.
6.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WANDIR, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE PLATFORM; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WANDIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WANDIR’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO WANDIR FOR THE PLATFORM.
6.3 Disclaimer of Warranties
WANDIR PROVIDES THE PLATFORM AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE PLATFORM OR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WANDIR DOES NOT REPRESENT OR WARRANT THAT (A) THE PLATFORM AND SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED, OR (C) ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE PLATFORM OR SERVICES WILL BE ACCURATE.
WANDIR TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE PLATFORM. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
7. INTELLECTUAL PROPERTY RIGHTS
By submitting any feedback to Wandir regarding the Platform and/or Services, you are granting Wandir an irrevocable, perpetual, non-sublicensable, royalty-free license to use the feedback for its own promotional purposes anywhere in the world.
Unless you are advised otherwise, everything you see or read on the Platform and/or Services is subject to copyright, trademark or other forms of legal protection owned by or licensed by third parties to Wandir and may not be used except as provided in these Terms without the written permission of Wandir.
Images displayed on the Platform and/or Services are either the property of, or used with permission by, Wandir. Use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Platform and/or Services. Any unauthorized use of such images or other content may violate the law.
The trade-marks and logos (collectively the “Trademarks”) displayed on the Platform and/or Services are registered and unregistered Trademarks. Nothing contained in the Platform and/or Services gives you permission to use these Trademarks, and your use of the Trademarks is strictly prohibited. Wandir reserves the right to enforce its intellectual property rights where applicable.
8. MISCELLANEOUS
8.1 Users outside Ontario/Canada
Wandir administers and operates the Platform and Services from its location in Ontario, Canada. Although the Services are accessible worldwide, certain features, products, or services may not be available in all jurisdictions, or may be limited based on legal, regulatory, or operational requirements. Wandir reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Services is void where prohibited. If you choose to access the Platform and/or Services from outside Canada, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.
8.2 General
No agency, partnership, joint venture, or employment is created as a result of these Terms and you have no authority of any kind to bind Wandir in any respect whatsoever. Wandir shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Wandir’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
8.3 Assignment
Wandir may transfer, assign or delegate the Terms and its rights and obligations hereunder, in whole or in part, without consent and without restriction. You may not assign these Terms without the prior written consent of Wandir, such consent shall be at the sole discretion of Wandir.
8.4 Waiver
The failure of any party to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of any further rights hereunder.
8.5 Conflict with other Agreements
These Terms are in addition to, and do not nullify, any other agreement between you and Wandir, including but not limited to, our Privacy Policy, or any other applicable terms and conditions found on the Platform. In the case of any direct conflict between these Terms and any other agreement between you and Wandir, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Platform.
8.6 Notice
All notices under the Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent by mail via a mail delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
8.7 Governing law
These Terms are made under and governed by and are to be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario with respect to any disputes arising out of these Terms. To the extent that applicable local law prevents certain disputes from being resolved in an Ontario court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying Ontario law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, region or other place of residence.
8.8 Severability
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.
8.9 Survival
Any of these Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.
8.10 Privacy Policy and Data Security
Any information we collect is subject to our Privacy Policy. By agreeing to these Terms and by your use of the Platform and Services, you consent to the collection, use and disclosure of your information in accordance with and as permitted by the Privacy Policy.
8.11 Contact Us
If you have any questions about these Terms or if you wish to report breaches of these Terms, please contact us by email at privacy@wandir.com.