Terms and Conditions

For Access and Use of Wunderbook Services

PLEASE READ CAREFULLY! THIS DOCUMENT REPRESENTS THE LEGAL BINDING BETWEEN -insert company name- AND THE CUSTOMER. WE INVITE YOU TO READ THESE TERMS & CONDITIONS BEFORE USING THE PROVIDED SERVICES. PLEASE, ALSO CHECK OUR PRIVACY POLICY THAT, MUTUALLY WITH THIS LEGAL DOCUMENT, REPRESENT THE SET OF LEGAL CLAUSES APPLIED TO THE USE OF OUR APPLICATION AND SERVICES.

By using the Services, you, as User, agree irrevocably with the present Terms & Conditions. In case you do not agree with the clauses of the present document, please stop using the Services.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our application and the use of our application. Nothing in this disclaimer will:

• Limit or exclude the User’s liability for misinterpretation of the information presented on the application;
• Limit any of the User’s liabilities in any way that is not permitted under applicable law.

General Provisions

This application is owned and operated by -insert company name- with its headquarters in -insert company address-, registration no. -insert company registration no.- (doing business as “Wunderbook”). Throughout the document, the terms “we”, “us”, “Wunderbook” and “our” refer to the Company. Wunderbook offers this application, including all information, tools, and services available from this application to the User, conditioned upon the User’s acceptance of all the provisions stated here and in our Privacy Policy.

By installing our application and/or purchasing our services, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms and Conditions”, “Terms”). These Terms and Conditions apply to all users of the application.

Any new features or tools which are added to the current line of services shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time within the application. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our application. In case of updating the Terms and Conditions, the User will be notified upon their next booking request, they will be invited to read the new version of the document and will be asked to agree with it. If the User does not agree with the updated version, they will not be able to make the booking.

Definitions

• Wunderbook: The name of the application that is owned by -insert company name- with the identification data above.
• Provider: Wunderbook or any partner in the Wunderbook application.
• User: Any natural person over 16 years of age or a legal person registered on the Wunderbook application, who, by completing a booking process, adheres to this document.
• Application: Platform for mobile devices that have an Android or iOS operating system.
• Booking: A reservation made by the User to an event organized by the Service Provider.
• Content: Represents all information in the application that can be viewed, viewed or otherwise accessed using a smartphone; any information communicated in the form of notifications by any means by the Wunderbook User application, according to the contact information; data relating to the Service Provider, or other privileged data thereof.
• Service Provider: The company owning a corporate account on our app, and offering specific booking services to certain events, through the use of the app.
• Communications: Any type of message sent (such as: email, SMS, telephone, mobile push, web push, etc.) containing general and thematic information, information on certain events complementary to the Service Providers in the Wunderbook application, information regarding offers or promotions, as well as other commercial communications such as market research and opinion polls.

Transaction – Payment / Collection

A transaction is the payment or collection of an amount resulting from the provision of a service specific to the Wunderbook application.

1.1 Contracting Parties

-insert company name- with its headquarters in -insert company address-, registration no. -insert company registration no.-, and "User" – any natural person who downloads and installs the application, and implicitly buys our services.

1.2 Representations

Authority and Capacity: The parties and their legal representatives guarantee that they have the authority and capacity to enter into this agreement. Enforceability: This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.

1.3 Purpose

The access to the services is for the purpose of Booking to an event organized by one of the Service Providers through the Wunderbook application. By requesting access to the Services and confirming the acceptance of the Terms and Conditions, a legally binding agreement ("Contract") between Wunderbook and the User is considered concluded.

THE RIGHT TO USE THE SERVICES

2.1 Bookings - Conditions

To make a booking, click the Book Now button, choose the event, examine the details, add payment information, and click the "I agree with the present Terms and Conditions and the Privacy Policy" button. Wait for confirmation from the Service Provider. If the request is accepted, the reservation is made.

Payment Information

The payment information of the User is collected by the payment processor when a Booking request is sent, and the debit amount is blocked on the User’s card. The payment will be executed based on the conditions mentioned.

Change of Payment Method

If the User has made a Booking and the Service Provider has not yet confirmed, the Booking request can be canceled and another Booking made using a different payment method.

Cancellation of Booking

The User irrevocably undertakes the following cancellation terms. A booking can be canceled free of charge more than 48 hours before the effective date. A fee will be charged if canceled within 48 hours before the effective date.

What payment methods does Wunderbook accept?

Wunderbook accepts various payment methods including major credit and debit cards (Visa, MasterCard, Amex, Discover, JCB) and other platforms such as Apple Pay, Google Pay, and PayPal.

2.2 Special Policy

Access to make a Booking is allowed to any User of the Wunderbook application, with restrictions based on the User's actions, such as negative feedback from Service Providers. The User can contact us at -insert email address- for more details.

2.3 Third-Party Applications or Content

Any Third-Party Application or Content used in association with our Services shall conform to the present Terms and Conditions. We are not responsible for testing or screening any third-party applications.

2.4 Use of Our Services

The User commits to adhere to the terms of this Agreement and accepts full responsibility for all activities connected to other users and their compliance with the Agreement.

Prohibited Usage

Under all circumstances, the User is strictly prohibited from permitting, assisting, or enabling any individual from accessing or using the services. Notwithstanding any provision to the contrary, nothing in this document shall be construed, interpreted, or applied to impose responsibility or liability on us or our affiliates for any and all activities arising from the authorized or unauthorized access of the application.

Prohibited Activities

The following activities are prohibited and will result in immediate service suspension or cancellation of the services without the possibility of an eventual refund, but with the possibility for Wunderbook to impose supplementary fees and/or pursue civil remedies in case of legal damages:

• Fostering or promotion of illegal, abusive, or irresponsible behavior.
• Providing false data on any contract or application, including fraudulent use of credit card numbers.
• Any conduct likely to result in retaliation against the Wunderbook network or application, including engaging in behavior that targets any server for a DoS attack.
• Any attempt to probe, scan, penetrate, or test the vulnerability of Wunderbook systems or networks, or to breach Wunderbook security or authentication measures, whether by passive or intrusive techniques.
• Any other activities viewed as illegal or harmful by any jurisdiction.

The User accepts that Wunderbook may contact the User through the app and provide general marketing information or other information about the services.

2.5 Requirements for Use of the Services

The User will use our services provided that they are of legal age with respect to their domestic legislation and are not barred from receiving such services under any international law or jurisdiction. Access to our services is provided based on the User’s current identification data, contact data, and any other information that is or might be required as part of the registration process.

The User is solely responsible for the content and for all activities that occur on their application. Wunderbook will not be liable for any loss or damage as a result of the User’s failure to provide us with accurate information.

RESPONSIBILITY FOR QUALITY OF SERVICE, AVAILABILITY, AND SUPPORT

3.1. Quality of Service

Wunderbook warrants that the Services will perform substantially and guarantees an annual mean 95%-availability of the physical connection of webspace packages, dedicated, collocated and virtual servers. Exempted hereof are periods of time in which the servers are not reachable over the internet due to technical or other problems which do not lie within our sphere of influence (force majeure, faults of third parties or of the User). The Services will be subject to permanent improvement. If the Services does not function as described in applicable documentation of Services, Wunderbook will correct verified errors in the services at Wunderbook’s own expense. Wunderbook may choose to replace the Services or functionality therein instead of performing a correction. If Wunderbook does not solve the verified errors according to the time-limits set out together with the description of the Services in question or does not replace the Service within a reasonable time, the User may cancel their subscription in accordance with the terms of this document. The User may not set forth any other claims due to defects or errors in the Services.

3.2. Service Level Agreement (SLA) targets, penalties

Wunderbook’s Service availability targets, SLA penalties, and fixed maintenance periods are set out together with the description of the Services in question. Wunderbook may, from time to time, require maintenance periods, for example for major upgrades. Such maintenance periods will generally take place over weekends or overnight and will be notified to the User at least 48 hours in advance.

3.3. Notification of errors

If the User experiences that the Services in whole or in part are unavailable, or have reduced performance, the User shall report the error via email to -insert email address-. In order to ensure that Wunderbook gets the necessary information to identify and correct the error, the User shall, together with the notification of error, provide accurate information about the error, including a description of how the error occurred, how many Users are affected, and which dataflows and/or systems are affected, or assist Wunderbook with gathering such information.

3.4. Support

Wunderbook will provide basic technical support to the User. This entails technical assistance, but Wunderbook does not warrant that any solution will be found for any problems or requests. The administration and configuration of the Services for the User are not included in the support and may be provided according to separate agreements. The User may contact Wunderbook support on business days (Monday to Friday except for Christmas Eve, New Year’s Eve and other public holidays) between 08:00 and 16:00 hours Central European Time. Any contact with Wunderbook support shall take place via -insert email address-.

SECURITY

4.1. Rights to data

The User retains all rights to all the data which the User stores or transfers in connection with the use of the Services. Statistical data regarding the order history as well as anonymized data could be kept, according to the Privacy Policy.

4.2. Confidentiality

User’s privacy is important to Wunderbook and we will abide by our Privacy Policy. Wunderbook reserves the right to modify their Privacy Policy from time to time.

SPECIAL DISCLAIMER

THE WUNDERBOOK SERVICES ARE PROVIDED “AS IS.” WUNDERBOOK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES PROVIDED. WE DO NOT WARRANT THAT THEY WILL OPERATE UNINTERRUPTED, WITHOUT ERROR OR NO RISK. ALSO, WE DO NOT WARRANT THAT THE ELEMENTS OF CONTENT, INCLUDING YOUR USER DATA, WILL BE SAFE, AND CANNOT BE HACKED OR LOST.

LIABILITY, LIMITATION OF LIABILITY ETC.

6.1. Limitation of liability

Wunderbook is not responsible for payment of damages to the User as a consequence of the breach of any of the obligations arising from this document. The User could invoke, in extremely limited cases, direct financial losses, for example the damages caused by serious negligence or intent, context in which Wunderbook will contextually analyze the situation and decide if it has any real guilt regarding the situation invoked.

6.2. Force majeure

If the use and execution of the Services are wholly or partly prevented or materially impeded by circumstances beyond the parties’ control, both parties’ obligations are suspended for as long as the circumstances are relevant and as long as these circumstances last. Each party may, however, in accordance with section 10 of this Agreement, terminate the Agreement if the force majeure makes it particularly burdensome for that party to continue the Agreement. In the event that law, rules or regulations applicable to the use or delivery of the Services is changed or new rules or regulations are adopted after the Services have been made available on the market and this prevents Wunderbook from fulfilling the User’s instructions regarding processing of personal data or other obligations in this Agreement, and/or this requires full or partial termination of access to the Services for a limited or indefinite period of time, this shall be considered as a force majeure circumstance. Wunderbook is not in any way responsible for any such or other force majeure circumstance.

6.3. Circumstances for which Wunderbook not, in any event, is responsible

Even though Wunderbook will use appropriate care to ensure secure transmission of information between the User and the Services, the User recognizes that the Internet is an open system and that Wunderbook cannot warrant that a third party cannot or will not intercept or alter data during the transmission. Wunderbook takes no responsibility for such unauthorized access to, use or alternation or publication or loss of data. Neither is Wunderbook responsible for lack of availability of the Services when this is directly or indirectly caused by the User or by circumstances for which the User is responsible.

CANCELLATION AND SUSPENSION

The User can cancel the use of our services simply by not using our app anymore. Also, Wunderbook reserves the right to suspend the use of the services without any prior notification, in which case if the User tries to log in application, they will be notified that they no longer have this right, and they will be provided the reasons for the suspension.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and / or multimedia content presented in the application, are the exclusive property of Wunderbook, its being empowered by all the rights obtained in this regard directly or indirectly from each Service Provider in a part by a contract signed between the parties. The User / User is not allowed to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, display, include any Content in any context other than the original one intended by Wunderbook, removing the marks that signifies the copyright of Wunderbook on the Content as well as participation in the transfer, sale, distribution of materials made by reproduction, modification or display of the Content, except with the express written consent of Wunderbook. No Content transmitted to the User, User, by any means of communication (electronic, telephone, etc.) or acquired by him through access, visit and / or visualization is a contractual obligation on the part of Wunderbook and / or the Service Provider that mediated the transfer. Content, if any, in relation to that content. Any use of the Content for purposes other than those expressly permitted herein is prohibited.

GOVERNING LAW

This Agreement is governed by and construed in accordance with all the applicable international laws. Exclusive jurisdiction and venue for any action arising under this Agreement are in the Courts of Justice from the headquarters of Wunderbook, and both parties hereby consent to such jurisdiction and venue for this purpose. Any dispute or disagreement between the parties will be resolved through negotiations. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.

VALIDITY

This Agreement shall govern all communications between the Parties.

REMEDIES

Due to the relatively new and unique nature of the Proprietary Information (Trade Secret), User agrees that any breach or threatened breach of this Agreement will cause not only financial harm to Wunderbook but also irreparable harm for which money damages will not be an adequate remedy. Therefore, Wunderbook shall be entitled, in addition to any other legal or equitable remedies, to an injunction or similar equitable relief against any such breach or threatened breach without the necessity of posting any bond.

ENTIRE AGREEMENT

This Agreement together with the Terms and Conditions and the Privacy Policy constitute the entire agreement between the parties concerning the contractual relationship.

No change, consent or waiver to this Agreement will be effective unless in writing and signed by the party against which enforcement is sought. The failure of Wunderbook to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. Unless expressly provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right and remedy will not be deemed a waiver of any other right or remedy.

ACKNOWLEDGMENT OF TERMS

The User acknowledges that they:

• (a) have read this agreement prior to use of the application;
• (b) understand the terms of this agreement;
• (c) have signed this agreement voluntarily, by using the application;

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the signup.