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 – is 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:
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: e-mail / SMS / telephone / mobile push / webpush / etc.) containing general and thematic information, information on certain events complementary to the Service Provideres in the Wunderbook application, information with regarding offers or promotions, as well as other commercial communications such as market research and opinion polls.
Transaction – payment / 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. All services, as far as they are available at any given time through the application, are subject to the conditions of this document.
2.1. Bookings. Conditions.
Booking
To make a booking:
If the request is accepted, the reservation has been made. If the Service Provider refuses the request or does not respond within 24 hours, no eventual fee will be charged.
Payment information
The payment information of the User is collected by the payment processor accepted by us when a Booking request is sent, and the debit amount is blocked by the processor on the User’s card. After the Service Provider accepts the User’s Booking request, the payment will be executed as follows.
In case of booking up to seven days in advance, we keep the payment in the hold for up to 24 hours after check-in, before offering it to the Service Provider. This gives both sides time to make sure everything is as expected.
If the User makes a Booking more than seven days in advance, a hold based on the value of the Booking will be placed on the payment method only 2 days before the date of the Booking. The User will not be charged, but withholding means he will not be able to access these funds until the hold is issued. The User’s Booking will be subject to cancellation if we cannot introduce the hold authorization on the payment method, so it is important for the User to make sure that his payment method is valid and that he has sufficient funds.
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 can be made using a different payment method. After confirming the Booking, the payment method can no longer be modified.
Cancellation of Booking.
The User irrevocably undertakes the following:
What payment methods does Wunderbook accept?
We accept different payment methods, depending on the country in which the User is located. So, in addition to major credit and debit cards, certain payment options are available in certain countries or platforms (such as iOS or Android).
The available payment methods will be revealed in the checkout section, before sending a Booking request.
Payment options available worldwide
All major credit cards and prepaid credit cards (Visa, MasterCard, Amex, Discover, JCB), as well as any other debit cards that can be processed for payment.
Payment options available for specific platforms or countries:
The Service Provider can cancel the Booking made by the User, following a prior notification addressed to him/her, without any subsequent obligation of one party to the other or without any party being able to claim the other damages in the following cases:
Wunderbook reserves the right to refuse the provision of services to anyone, for whatever reason, at any time.
2.2. Special policy
Access to make a Booking is allowed to any User of the Wunderbook application.
For justified reasons Wunderbook reserves the right to restrict the access of the User in order to make a Booking and / or to some of the accepted payment methods, if we consider that based on the conduct or activity of the User in the Wunderbook application, his/her actions would or could have in any way harmed the image and / or activity of any of the Service Provideres or if it received two consecutive negative feedbacks from the Service Provideres. In any of these situations, the User can send an e-mail to the e-mail address “-insert email address-“, in order to be informed about the reasons that led to the application of the above measures.
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 of the Third-Party Applications or Content, and consequently, the User’s use of such content is at its sole risk. We may, at our sole discretion, prohibit the use of certain Third-Party Applications or Content whenever we consider it endangers the security of our systems.
2.4. The use of our services
The User commits to adhere to the terms of this Agreement. The User accepts the full responsibility for all activities connected to other users and their compliance with the terms of the Agreement. It is at all times the User who is a party to this agreement with Wunderbook, and who has all rights and obligations set out in such 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.
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 impose supplementary fees and/or pursue civil remedies, in case of legal damages:
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 he/she is of legal age with respect to its domestic legislation and is not barred from receiving such services under any international law or jurisdiction.
Access 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 its 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.
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-.
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.
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.
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.
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.
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.
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.
This Agreement shall govern all communications between the Parties.
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.
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 or remedy will not be deemed a waiver of any other right or remedy.
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.