Last Updated December 12, 2017
Acceptance of Terms
By using the Wandershare site, app or service (hereafter referred to collectively as “Wandershare”), you are agreeing to comply and be legally bound to these Terms & Conditions (“Terms”) whether or not you become a registered user.
Description of Service
Wandershare is an online platform intended to facilitate the listing and booking of tour packages between third-party tour operators and guides (“Operators”) and potential clients (“Travelers”). Operators and Travelers arrange bookings directly with each other. Wandershare is not an owner or operator of any of the listed tour companies, properties or transportation services and does not control the content contained in any listing nor the legality or suitability of any of the services or accommodations.
Wandershare is intended only for users aged 18 years or older, and Wandershare expressly prohibits any access by a minor. By accessing Wandershare, you are authorizing that you are age 18 or older.
All proprietary text, graphics, user interfaces, photographs, trademarks, logos, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Wandershare is owned, controlled or licensed by or to Wandershare, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of Wandershare may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way without Wandershare’s express prior written consent.
You agree that you will not:
- Violate any local, state, provincial, national or other law or regulation, or any order of a court;
- Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- Use Wandershare to transmit, distribute, post or submit any information of or concerning any other person or entity without their permission;
- Harass any other Wandershare user or collect or store any personally identifiable information about any other user other than for purposes of transacting and organizing an agreed upon tour as a Wandershare Operator or Traveler;
- Use manual or automated software, devices, scripts, robots or other means or processes to access, acquire, copy or monitor, “deep-link”, “scrape,” “crawl” or “spider” any portion of Wandershare or its Content;
- Retrieve data or other content from Wandershare to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like;
- Use, display, mirror or frame Wandershare or any individual element within Wandershare, without Wandershare’s express written consent;
- Attempt to gain unauthorized access to any portion of Wandershare, nor any of the services offered on Wandershare by hacking, password mining or any other illegitimate means;
- Attempt to probe, scan or test the vulnerability of any Wandershare system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Wandershare or any of Wandershare’s providers or any other third party to protect Wandershare and its users;
- Interfere with or damage Wandershare or its transactions, or with any eligible person’s use of the site;
- Register for more than one Wandershare account or register for a Wandershare account on behalf of an individual other than yourself;
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliate with any person or entity;
- Recruit or otherwise solicit any other Wandershare user to join third-party services;
- Use Wandershare in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Wandershare services;
- Use Wandershare for any commercial or other purposes that are not expressly permitted by these Terms;
- Use Wandershare to book travel services independent of Wandershare services;
- Post, upload, publish, submit or transmit any content that:
- Infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, intellectual property rights, or rights of publicity or privacy;
- Violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability;
- Is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive;
- Promotes discrimination, racism, hatred, harassment or harm against any individual or group or;
- Is violent or threatening or promotes violence or actions that are threatening to any other person;
Service Fees, Taxes & Processing Fees
Wandershare charges and collects Service Fees for the use of the Wandershare marketplace and platform. Wandershare may impose or deduct foreign currency processing costs on or from any payments or payouts from Wandershare in currencies other than U.S. dollars. Except as otherwise provided herein, Service Fees and processing fees are not refundable.
Where applicable, taxes and applicable tax information may also be collected and/or charged.
Additional Operator Service Terms & Agreement
As an Operator you agree to only offer services and accommodations you can provide in the Traveler-requested region and timeframe. You will not submit any bid with false or misleading price information or a price, service or accommodation that you do not intend to honor. Should you become unavailable to provide any portion of the service or accommodation following a confirmed bid, you must offer and provide services and accommodations of equal or greater value for the Traveler.
As an Operator you agree that the Service Fee payment made by a Traveler through and to Wandershare will be considered a deposit guaranteeing them the agreed upon services and accommodations in the confirmed tour, and the Operator will make the tour available to the traveler(s) in the agreed-upon manner. You the Operator are solely responsible for honoring any confirmed bookings and making available all services and accommodations reserved through Wandershare. You acknowledge and agree that you as the Operator, and not Wandershare, will be responsible for performing the obligations of any such agreements and that Wandershare is not a party to such agreements.
You as an Operator agree that in the case of a Travel Issue or Dispute with a Traveler that does not involve an unlawful act, you will attempt in good faith to resolve it through the Wandershare Resolution Center. Should the issue involve an unlawful act, you will report it as soon as possible to the proper authorities.
Should a Travel Issue arise and undergo the Wandershare Resolution process, and Wandershare determines you did not meet the Operator Minimum Quality Standards listed above, you agree to reimburse the traveler for the portion of the trip deemed by Wandershare to have been affected by the Travel Issue. Should you refuse to issue the refund, you will be in violation of these Terms. In the event of a Travel Issue and/or your failure to resolve it, Wandershare may, at its discretion, elect to take additional actions such as cancelling future bookings, or suspending or removing your account.
You as an Operator may be required to submit applicable tax information for your bookings on Wandershare. You as an Operator are solely responsible for keeping the information in your tax forms current, complete and accurate. You as an Operator understand that you are solely responsible for determining your applicable Tax reporting requirements and that the taxes that should be included, and for including taxes to be collected or obligations relating to applicable taxes in listings. You are solely responsible for remitting to the relevant authority any taxes included or received by you.
Additional Traveler Service Terms & Agreement
As a Traveler you agree you will not submit any request or booking with knowingly misleading information and that you will not confirm any reservation or transaction that you do not intend to complete.
Should you the Traveler choose to enter into a transaction with the Operator, you agree and understand that you will be required to pay the balance of the tour fee upon meeting your Operator and that the payment will be in agreed-upon payment method and currency, unless the Operator has expressly agreed to another method of payment in the agreed-upon currency. You the Traveler also agree to accept any terms, conditions, rules and restrictions associated with such booking as expressly dictated by the Operator prior to the reservation confirmation. You acknowledge and agree that you as the Traveler, and not Wandershare, will be responsible for performing the obligations of any such agreements and that Wandershare is not a party to such agreements.
You as a Traveler authorize the collection of payment of Service Fees and associated fees by charging the credit card provided as part of requesting and confirming a reservation, either directly by Wandershare, or indirectly, via a third-party online payment processor, or by one of the payment methods described on Wandershare. Should your service fee be lowered because other travelers join your Open Tour, the applicable amount in excess of the Service Fee will be issued to you in credit for future Wandershare services. Wandershare does not refund Service Fee payments to your payment provider automatically.
You as a Traveler agree that in the case of a Travel Issue or Dispute with an Operator that does not involve an unlawful act, you will attempt in good faith to resolve it through the Wandershare Resolution Center. Should the issue involve an unlawful act, you will report it as soon as possible to the proper authorities.
Wandershare is a platform available internationally to both Operators and Travelers. Wandershare provides a currency conversion tool, using the U.S. dollar as the base exchange rate. Wandershare updates the base exchange rate on a regular, but not on a real-time basis. Accordingly, the Base Exchange Rate for Wandershare may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Your payment company and third party payment processers may use a currency conversion rate or impose a currency conversion fee on your payment if it is denominated in a currency different from Wandershare’s currency.
Unauthorized Payment Methods
Wandershare is not a party to any payment transaction between Operators and Travelers, even if Wandershare receives a Service Fee in connection with a reservation transaction. Operators may not request Travelers to mail cash or wire transfer services for payments.
Limitation of Liability
Except where prohibited by law, in no event will Wandershare be liable for any indirect, consequential, exemplary, incidental or punitive damages due to travel listings, services or accommodations on Wandershare. Any bookings are made at the Operator and Traveler’s own risk. The Traveler and Operator relationship is governed solely by your agreements through Wandershare messaging. Wandershare does not review such agreements for any purpose, including but not limited to for accuracy, legality or non-infringement.
You acknowledge and agree that you are responsible for your own acts and omissions and also t for the acts and omissions of any individuals for whom you book directly in your party.
You agree to indemnify and hold Wandershare, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Wandershare by any third party due to or arising out of or in connection with your use of the Wandershare.
Violation of these Terms
Wandershare may access, preserve and disclose any of your information (including your identity) if Wandershare is required to do so by law, or if Wandershare determines such access and disclosure is necessary:
- In connection with any investigation or complaint regarding your use of Wandershare;
- To identify, contact or bring legal action against a person or group to protect the rights, property and/or safety of Wandershare, its users, or the public;
- To enforce these Terms; or
- For fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes.
You acknowledge that Wandershare is not obligated to monitor your access to or use of Wandershare or to review or edit any content, but has the right to do so for the purpose of operating and improving Wandershare, to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, or to respond to content that it determines is otherwise objectionable, and/or as set forth in these Terms.
You agree that Wandershare may, in its sole discretion and without prior notice, terminate your access to Wandershare and/or block your future access if Wandershare determines you have violated these Terms or other agreements or guidelines that may be associated with your use of Wandershare. You agree that Wandershare will not be liable to you or to any third party for terminating your access to Wandershare as a result of a violation of these Terms.
You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Wandershare, for which monetary damages would be inadequate, and you consent to Wandershare obtaining any injunctive or equitable relief that Wandershare deems appropriate in such circumstances. These remedies are in addition to any other remedies Wandershare may have at law or in equity.
Wandershare reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Should Wandershare take legal actions against you as a result of your violation of these Terms, Wandershare will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to Wandershare.
Controlling Law and Jurisdiction
You agree that all matters relating to your access to or use of Wandershare, including all disputes, will be governed by the laws of the State of Illinois and the United States of America, without regard to its conflict-of-law provisions. You and Wandershare agree to submit to the personal jurisdiction of a state court located in Cook County, Illinois for any actions and agree to waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are based in the European Union. If you are based in the EU, you may make a claim in the courts of the country where you reside. Any claim against these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recover may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
You and Wandershare agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of Wandershare (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You agree that you will not file a transaction dispute or reverse a Service Fee payment through your payment provider or your bank unless allowed and agreed upon through arbitration. You acknowledge and agree that you and Wandershare are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. In addition, unless both you and Wandershare otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Illinois and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Wandershare otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Wandershare submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Wandershare will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Additional Disclaimer of Warranties
Wandershare does not promise that Wandershare will be error-free or uninterrupted, or that any defects will be corrected. All content provided on Wandershare is subject to change without notice. Wandershare disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particulary purpose.
Wandershare reserves the right, at its sole discretion, to modify these terms at any time and without prior notice. It is your responsibility to periodically check these Terms for changes. If the modified terms are not acceptable to you, you must cease using Wandershare.
Should you not be satisfied with Wandershare or any of its Content or Modifications, your sole remedy against Wandershare is to stop using Wandershare.
The failure of Wandershare to enforce any right or provision of these Terms will not be construed as a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wandershare. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Questions and Comments
If you have any questions about these Terms & Conditions, please contact Wandershare at firstname.lastname@example.org. Any feedback you provide will be deemed non-confidential. Wandershare will be free to use such information on an unrestricted basis.
User Disputes & Resolution
You agree to cooperate and participate in good faith and to the extent you are reasonably able to do so in attempts to resolve Travel Issues with fellow Wandershare users according to the Resolution Process. Should you be unable to reach an agreement with the other party or parties within 72 hours of the initial resolution request through the Wandershare platform, you agree to allow Wandershare to conduct an investigation of the Travel Issue and to provide Wandershare with any information and evidence as may reasonably be requested in connection to such complaints, claims and requests. You agree to cooperate and participate in good faith and to the extent you are reasonably able to do so in Wandershare-led mediation attempts. And in the event that an agreement still cannot be reached between the parties, you agree to allow Wandershare to make the final determination of culpability and compensation between the parties involved, and to carry out those determinations with respect to disputes or losses.