Please read these Terms of Service carefully as they cover essential information about your legal rights, remedies, and obligations. By accessing or using the Wandure Platform, you agree to conform with and be bound by these Terms of Service.
These Terms of Service (“Terms”) comprise a legally binding agreement (“Agreement”) between you and Wandure (as defined below) governing your access to and use of the Wandure mobile application (“the Application”), and to any websites, smart device applications, application program interfaces and all associated services through which Wandure makes available “Wandure Services” (as defined below). The Application and Wandure Services together are hereinafter collectively referred to as the “Wandure Platform”.
All mentions of “Wandure,” “we,” “us,” or “our” in these Terms refer to the Wandure company with which you are contracting. Regardless of your country of residence, you are contracting with Wandure Inc., 2850 Cedarwood Dr., Apt. 1510, Ottawa, ON, Canada, K1V 8Y4.
Our gathering and use of personal information in association with your access to and use of the Wandure Platform is defined in our Privacy Policy, available at www.wandure.com/privacy-policy
Date Venues are solely responsible for recognizing, understanding, and conforming with all laws, rules and regulations that apply to Activities they provide. Date Venues are solely responsible for recognizing and attaining any required licenses, permits, or registrations for any Activities they offer. Some Activities may be wholly forbidden by law or regulation, or by these Terms or other agreements. Punishments for organizing such forbidden Activities may include fines or other enforcement. Date Venues are solely responsible for bearing any such punishments.
1. Definitions
2. Extent of Wandure Services
3. Use of the Wandure Platform and User Admissibility Requirements
4. Revision of these Terms
5. Account Registration
6. Content
7. Payment and Wandure Fee
8. Terms directed to Users
9. Booking Changes, Cancellations & Refunds
10. Forbidden Activities
11. Term and Termination
12. Disclaimers
13. Liability
14. Indemnification
15. Feedback, User Reviews, and Dispute Resolution
16. Broad Provisions
“Activity” means an event organized via the Wandure Platform. Activities may occur at Date Venues. Activities may be specific to Users who are Matches with each other, or may be available to the general public. Wandure will attend to booking Activities on behalf of two matched Users.
“Activity Cost” is the cost for each User to participate in the Activity. The Activity Cost is determined by the Date Venue. The Activity Cost must incorporate any taxes or related payments that the Date Venue is required to pay to any government entity or other entity.
“Cancellation Policy” means Wandure’s current cancellation policy, which may be updated from time to time. Wandure’s current Cancellation Policy may be found at www.wandure.com/cancelling-a-date.
“Date Venue” means an organization that provides at least one Activity and/or a location at which at least one Activity occurs. Date Venues may coordinate and/or otherwise provide Activities, or Activities may be designed that occur at a Date Venue but are not coordinated, organized, or provided by the Date Venue.
“Images” are any images, photographs, video files, animations, or other audio, visual, or audio-visual files uploaded to the Wandure Platform. Images may represent User(s), Date Venue(s), and/or Activities.
“Match” means a User who accompanies another User on an Activity.
“Total Fees” means the Activity Cost plus a processing fee. The processing fee may be subject to change from time to time.
“User” means an individual who uses the Wandure Platform for the purposes of finding at least one Match and for having at least one Activity booked on their behalf. Each User must have a unique Wandure Account registered on the Wandure Platform.
“User Content” includes any content produced, uploaded, posted, sent, received and/or stored on or over the Wandure Platform by any User, including but not limited to such content as text, photos, audio, video, and/or other materials and data.
“Wandure Account” is a profile created on the Wandure Platform by a User. Each User must have a Wandure Account and may not have more than one Wandure Account. A Wandure Account may comprise both publicly visible information and private information that is only visible to Wandure and to the User associated with that Wandure Account. The Wandure Platform may not be accessed without logging into a valid Wandure Account.
“Wandure Services” are any and all of the services provided by Wandure to Users, including but not limited to determining potential Matches for Users, booking Activities on behalf of Users, providing, maintaining, and supporting the Application, and other technological services. Wandure reserves the right to add, suspend, or remove Wandure Services from time to time.
2.1 The Wandure Platform is an online match-finding and activity-booking service that recommends Users to each other as potential Matches based on mutual interests, and which identifies and books Activities for Users. Activities are selected for a pair of Users based at least in part on their mutual interests. The Wandure Platform communicates and transacts directly with Date Venues under the express authority of the User(s), which may be revoked at any time.
2.2 As the provider of the Wandure Platform, Wandure does not possess, generate, sell, resell, provide, control, or manage any Activities. Wandure may in some cases recommend Activities that are not coordinated by Date Venues (such as, for example, meeting a Match at a park or at a restaurant). The details of such Activities are solely determined by the Users who participate therein. When Date Venues coordinate, organize, or otherwise provide Activities, the Date Venues are solely responsible for their Activity offerings and services. Wandure is not and does not become a party to or other participant in any contractual liaison between Users. Wandure is not acting as a manager in any capacity for any User or for any Date Venue.
2.3 Though we may aid in the resolution of disputes, Wandure has no power over and does not promise (i) the actuality, worth, security, suitability, or lawfulness of any Activity or the actuality or suitability of any User, (ii) the reality or exactness of any User Profile descriptions or of any other User Content, or (iii) the performance or comportment of any User. Wandure does not endorse any User, Date Venue, or Activity. Any recommendation, suggestion, or selection of any User, whether as a Match or a potential Match or otherwise, or of any Date Venue or Activity, is not a backing, accreditation, or assurance by Wandure about that User, Date Venue, or Activity, including of the User’s or Date Venue’s identity or background or whether the User or Date Venue is trustworthy, safe, or suitable, or whether the Activity is safe, suitable, or apt. You should continually practice due diligence and caution when choosing whether to meet a User, to participate in an Activity, to accept a booking request made by Wandure on behalf of one or more User, or to communicate and/or interact with any other User(s), whether online or in person. Images or photographs of any Users are intended only to signify a photographic representation of those Users and are therefore not a backing by Wandure of any User(s).
2.4 Date Venues whose Activity/Activities is/are selected by Wandure for Users are not employees, agents, joint venture participants, or partners of Wandure for any purpose. Date Venues act solely on their own behalf and for their own benefit, and neither on behalf of nor for the benefit of Wandure. Date Venues recognize that Wandure acts as an agent for Users for the sole and limited purpose of booking Activities. Wandure is not an agent for, and does not and will not act as an agent for, any Users for any other purpose at any other time.
2.5 If you elect to use the Wandure Platform as a User, YOU ARE EXPRESSLY APPOINTING WANDURE TO ACT AS YOUR AGENT SOLELY FOR THE LIMITED PURPOSE OF BOOKING AT LEAST ONE ACTIVITY ON YOUR BEHALF. You understand and agree that no agency relationship does or will exist between you and Wandure at any time for any other purpose.
2.6 Because of the way the Internet functions, Wandure cannot guarantee the constant and ceaseless accessibility of the Wandure Platform. Wandure may restrict the availability of the Wandure Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to undergo maintenance procedures that ensure the proper or enhanced functioning of the Wandure Platform. Wandure may improve, enhance, and alter the Wandure Platform and introduce new Wandure Services on occasion.
2.7 Although Wandure will attempt, in good faith, to determine at least one suitable potential Match for each User, we cannot guarantee that a Match or potential Match will be found for every User, or that any User will be considered a suitable Match by any other User. Using the Wandure Platform does not create and should not be considered to create any expectation of a suitable Match being found, or of a suitable or enjoyable Activity being selected. Further, although Wandure hopes that relationships will begin and/or develop via the Wandure Platform, neither confirming a Match for an Activity, nor participating in an Activity with a Match, nor in any other way interacting with a Match or a potential Match or any other User(s) of the Wandure Platform will by itself create any further relationship with that Match or potential Match or other User, nor should such further relationship be expected or anticipated. Wandure cannot and does not guarantee meaningful or lasting relationships between any of its Users.
3.1 You must be at least eighteen (18) years old and able to enter into legally binding contracts to use the Wandure Platform or to create a Wandure Account. By accessing or using the Wandure Platform, you denote and certify that you are eighteen (18) or older and have the legal ability and right to enter into a contract.
3.2 At all times in your use of the Wandure Platform, you will conform with any relevant export control laws in your local jurisdiction. You also denote and certify (i) that your use of the Wandure Platform will not violate any Canadian Government embargo or sanctions, (ii) that you do not receive any benefit from, or provide any support or benefit to, any terrorist entities or any entities associated with any terrorist activities, including but not limited to Al-Qaida and the Taliban, and (iii) that you are not listed on any Canadian Government list of banned or restricted parties.
3.3 Wandure may make the access to and use of the Wandure Platform, or of certain parts or functionalities of the Wandure Platform, subject to some conditions or requirements, including without limitation completing a verification process, meeting defined quality or suitability criteria, and/or meeting booking and cancellation history requirements. In particular, and without limiting the foregoing, Wandure requires the following:
- For verification, safety and security, and billing purposes, all Users must provide their full name. Full names will not be displayed as part of a User’s public profile.
- When Users are confirmed as Matches for each other, and an Activity has been selected for those Users, each User will be required to take and upload an image of themselves in real-time, using the camera on the device through which they are accessing the Wandure Platform. Previously saved images will not be accepted. These self-taken images are merely for verification and security purposes and will not be shown to the selected Match, or to any other User at any time.
3.4 User verification online is challenging and we do not assume any accountability for the validation of any User’s identity. Nevertheless, for transparency and fraud deterrence purposes, and as allowed by applicable laws, we may, but have no requirement to, (i) ask Users to provide a form of government identification or other data or perform further checks intended to help confirm the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have adequate data to identify a User, acquire reports from public records of criminal convictions or sex offender registrations.
3.5 The access to or use of certain areas and features of the Wandure Platform may be subject to distinct policies, standards, or guidelines, or may necessitate that you agree to supplementary terms and conditions. If there is a divergence between these Terms and terms and conditions pertinent to a particular part or functionality of the Wandure Platform, the terms and conditions pertinent to the particular part or functionality will take priority with respect to your access to or use of that part or functionality, unless stated otherwise.
3.6 If you access or download the Application from the Google Play Store, you agree to Google’s Licensed Application End User License Agreement. Some areas of the Wandure Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Wandure holds the right to alter these Terms at any time in accordance with this provision. If we make modifications to these Terms, we will post the changed Terms on the Wandure Platform and adjust the “Last Updated” date at the top of the Terms accordingly. We will also provide you with an announcement of the changes by email. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement, your continued access to or use of the Wandure Platform will comprise acceptance of the modified Terms.
5.1 You must register a Wandure Account to access and use features of the Wandure Platform, such as viewing potential Matches, confirming or declining a recommended Match, communicating with Users, or confirming or declining an Activity.
5.2 You can register a Wandure Account by using a pre-existing email address and creating a password for the Wandure Platform, or through your account with certain third-party social networking and/or Internet services, including without limitation Facebook and Google.
5.3 You must specify correct, present, and complete information during the account registration process and always keep your Wandure Account, including any publicly visible information, current.
5.4 You are liable for upholding the privacy and security of your Wandure Account login credentials and must not divulge your credentials to any third party. You must immediately inform Wandure if you know or have any reason to suspect that your credentials have been lost, stolen, misused, or otherwise compromised, or in case of any actual or suspected unlawful use of your Wandure Account. You are responsible for any and all acts conducted through your Wandure Account, except if such acts are not approved by you and you are not otherwise negligent. (Negligence in this context may include but is not limited to failing to report the unauthorized use or loss of your credentials within a reasonable time.)
6.1 Wandure may, at its exclusive discretion, enable Users to (i) produce, upload, post, send, receive and store User Content on, over, through, or within the Wandure Platform; and (ii) access and view User Content and any content that Wandure itself makes accessible on, over, through, or within the Wandure Platform, including privately-owned Wandure content and any content approved or certified for use by or through Wandure from a third party (“Wandure Content”, which together with User Content is “Collective Content”).
6.2 The Wandure Platform and Collective Content may partially or in their totality be protected by copyright, trademark, patent, design, and/or other laws of Canada and other countries. You recognize and agree that the Wandure Platform and Wandure Content, including all related intellectual property rights, are the exclusive property of Wandure and/or its licensors or authorizing third-parties. You will not remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Wandure Platform, Wandure Content, or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Wandure used on or in connection with the Wandure Platform and Wandure Content are trademarks or registered trademarks of Wandure in Canada and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with the Wandure Platform and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
6.3 You will not use, duplicate, alter, issue, warrant, sell, transfer, publicly display, publicly perform, diffuse, broadcast, or otherwise exploit the Wandure Platform or Collective Content, except to the extent that you are the legal proprietor of any User Content or as specifically allowed in these Terms. No authorizations or permissions are granted to you, by inference or in any other fashion, under any intellectual property rights owned or controlled by Wandure or its licensors, except for the licenses and rights explicitly permitted in these Terms.
6.4 Subject to your agreement with these Terms, Wandure grants you a controlled, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) for your individual and non-commercial use only, access and view any Collective Content made accessible on, over, through, or within the Wandure Platform and available to you.
6.5 By generating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on, over, through, or within the Wandure Platform, you grant to Wandure a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable, and transferable license to such User Content to access, use, store, duplicate, change, prepare derivative works of, allocate, publish, diffuse, stream, broadcast, and otherwise exploit in any way such User Content to provide and/or endorse the Wandure Platform, in any media or platform. Except if you provide explicit permission, Wandure does not claim any proprietorship rights in any User Content and nothing in these Terms will be considered to limit any rights that you may possess to use or exploit your User Content.
6.6 You are responsible for ensuring that your Images accurately represent you. You agree that you will stop using Images on, over, through, or within the Wandure Platform if they no longer truthfully represent you. You acknowledge and agree that Wandure will have the right to use any User’s Images, including yours, in advertising, marketing, and/or any other business purposes in any media or platform, without providing either notice or compensation. Where Wandure is not the exclusive owner of Images, by using such Images on, over, through, or within the Wandure Platform, you grant to Wandure an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Images for advertising, marketing and/or any other business purposes in any media or platform, without further notice or compensation to you. Wandure has the right to require that any and/or all Wandure Account(s) has/have a minimum number of associated Images.
6.7 You are solely responsible for all User Content that you make available on, over, through, or within the Wandure Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on, over, through, or within the Wandure Platform or you have all rights, licenses, consents and releases that are necessary to grant to Wandure the rights in and to such User Content, as contemplated under these Terms; and (ii) neither such User Content, nor the uploading, publication, submission, or transmittal of such User Content, nor Wandure’s use of such User Content (or any portion thereof) will infringe, misappropriate or violate any third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
6.8 You will not post, upload, publish, submit, or transmit any User Content that: (i) is deceitful, false, deceptive (directly or by omission or failure to update information) or dishonest; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) encourages discrimination, bigotry, racism, hatred, harassment or harm against any person or group; (iv) is violent or threatening or promotes violence or actions that are menacing to any other person; (v) promotes illegal or harmful acts or substances; (vi) is likely to be deemed offensive or to harass, upset, embarrass, alarm, or annoy any other person; (vii) contains any spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, weaken, or damage the Wandure Platform or any other system or equipment in any way, or to extract any Collective Content from the Wandure Platform or any other system; or (viii) infringes any Wandure policy. Wandure may, without previous notice, remove or disable access to any User Content that Wandure finds to be in violation of these Terms or Wandure’s previous policies or standards, or else that may be damaging or objectionable to Wandure, its Users, Activity Providers, and/or third parties. Additionally, if you violate these Terms or Wandure’s previous policies or standards, Wandure reserves the right to immediately suspend or terminate your account on the Wandure Platform.
6.9 Wandure respects copyright law and expects its Users and Activity Providers to do the same. If you believe that any content on the Wandure Platform infringes any copyrights you own, please notify us.
7.1 When you confirm a Match recommendation, Wandure will ask you to confirm your budget for the Activity. If your paired User’s budgeted amount is different from yours, the lower amount will determine the maximum cost of the Activity that will be arranged for you and your Match . Each Activity has a per-person Activity Cost. You will pay your Activity Cost and an associated Wandure processing fee (together, the “Total Fees”). The processing fee will be accounted for when determining the budget for the Activity, and may be subject to change. You will submit credit card information or information related to another method of payment to Wandure. The Total Fees will be charged to your credit card, or processed through the other method of payment, at the time you confirm your budget. The Total Fees will be held in trust for you by Wandure until such time as an Activity is selected and scheduled for you. If an Activity is cancelled by anyone for any reason, you will be reimbursed in accordance with the applicable Cancellation Policy.
7.2 Activities organized by and/or offered at Date Venues may be selected and booked by Wandure on behalf of Users. The Activity Cost will be the per-person cost that the Date Venue advertised for that Activity. The Date Venue is required to include any and all relevant taxes in the advertised Activity Cost. Neither Wandure nor the Users who participate in the Activity will be liable to the Date Venue for any taxes or other fees left out of that advertised Activity Cost. The Date Venue will receive the entire Activity Cost. Wandure will retain the processing fee.
Payment processing services
Payment processing services on Wandure are provided through Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms and/or continuing to use the Wandure Platform or Services, you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of Wandure enabling payment processing services through Stripe, you agree to provide Wandure accurate and complete information about yourself, and you authorize Wandure to share that information and to share transaction information related to your use of the payment processing services provided by Stripe.
8.1.1 By using the Wandure Platform, and in addition to the representations and warrants in Section 2.1, you represent and warrant that: You are single, you are separated from your spouse, or you are using the Wandure Platform as a member of a couple, partnership, or group, and all other member(s) of that couple, partnership, or group consent to such use;You are not prohibited by law from using the Wandure Platform;You have not have been convicted of, or pled no contest to, an indictable offense or crime of similar severity, to a sex crime, or to any crime involving violence;You are not required to register as a sex offender with any federal, regional, or local sex offender registry or any sex offender registry at all;You do not have more than one account on the Wandure Platform; andYou have not previously been removed from the Wandure Platform by Wandure, unless you have our express written permission to create a new account.
Wandure considers mutual consent and honesty to be of the highest value, and will at all times work to provide a platform that supports and encourages those values. Wandure does not intend to promote infidelity or deceit, and the Wandure Platform should not be used as a vehicle therefor. Your use of the Wandure Platform constitutes your acceptance of these terms.
If at any time you cease to meet these requirements, you must immediately delete your account. Wandure reserves the right to suspend, deactivate, or delete your account if you are found to be in violation of any of these conditions.
8.1.2 When you are sent a booking confirmation from Wandure, a legally binding contract is created between you and the Date Venue, subject to any supplementary terms and conditions that the Date Venue may apply. You understand and agree that no agreement or contract is created between you and Wandure by such a booking, except as expressly detailed in these terms.
8.1.3 By using the Wandure Platform, you are expressly authorizing Wandure to act as your agent for the sole and limited purpose of booking one or more Activities on your behalf. Specifically, you are authorizing Wandure on your behalf to book, arrange for, or otherwise commit to one or more scheduled Activities. YOU UNDERSTAND AND AGREE THAT WANDURE IS NOT YOUR AGENT, AND WILL NOT ACT AS YOUR AGENT, IN ANY OTHER CAPACITY OR FOR ANY OTHER PURPOSE, AND THAT NO OTHER AGENCY RELATIONSHIP BETWEEN YOU AND WANDURE EXISTS. You understand and agree that no liability rests with Wandure for any reason whatsoever except as expressly detailed in these Terms.
8.1.4 By using the Wandure Platform, you warrant that you have provided us with all pertinent information that may affect your safety, security, or enjoyment of any Activity, including but not limited to allergy information, and information related to any disability or constraint, whether physical, mental, financial, or otherwise. If you do not provide such information, Wandure expressly reserves the right to delete, deactivate, or suspend your account.
8.1.5 Any and all Images used in your Wandure Account must honestly reflect you. Wandure has the right to require that any and/or all Wandure Account(s) has/have a minimum number of associated Images.
8.2.1 Wandure will provide a best-effort attempt to ensure that any Activity selected for you conforms to the information you provide in your profile. However, you must be sure to carefully review the description of any Activity that is selected for you to confirm that you meet any minimum age, ability, fitness, or other requirements which the Date Venue has specified for their Activity. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT YOU CAN SAFELY AND SECURELY PARTICIPATE IN ANY ACTIVITY SELECTED FOR YOU. Additionally, you are required to notify the Date Venue of any medical or physical conditions, or other conditions, that may influence your capability to safely and securely participate in any Activity. As well, various rules and regulations, such as the minimum legal drinking age in the location of the Activity, may also apply to your participation therein. You are responsible for recognizing, understanding, and conforming with all laws, rules and regulations that apply to your participation in an Activity.
8.2.2 Throughout an Activity, you must at all times follow directives provided by employees, directors, and/or persons otherwise connected with or responsible for the Date Venue.
8.2.3 You may not bring any individuals to an Activity, except as recommended by Wandure. Additionally, you may not at any time or for any reason bring a minor to an Activity.
8.2.4 User Release and Waiver:
To participate in any Activity/Activities, you are required to accept the following User Release and Waiver, which will be applicable between you and the relevant Date Venue(s), and between you and Wandure, as of the date when you participate in the Activity/Activities.
Assumption of Risk
You comprehend and recognize that the Activity/Activities in which you participate may be dangerous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.
TO THE HIGHEST EXTENT ALLOWED UNDER APPLICABLE LAW, YOU DELIBERATELY, WILLINGLY, AND VOLUNTARILY ASSUME ALL RISKS, EQUALLY KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH ACTIVITY, EVEN IF THOSE RISKS DEVELOP FROM THE NEGLECT OR NEGLIGENCE OF THE ACTIVITY PROVIDER OR OTHERS, FROM THE ACTION OR INACTION, NEGLIGENT OR OTHERWISE, OF ANY USER WHOM YOU ACCOMPANY ON THE ACTIVITY, OR FROM FAULTS IN THE EQUIPMENT, PLACES, OR FACILITIES USED THROUGHOUT THE ACTIVITY, OR ELSE, AND YOU ASSUME FULL ACCOUNTABILITY AND LIABILITY FOR YOUR INVOLVEMENT IN THE ACTIVITY. FOR ADDITIONAL CLARITY, YOU DELIBERATELY, WILLINGLY, AND VOLUNTARILY ASSUME ALL RISKS THAT MAY ARISE BEFORE, DURING, AND AFTER AN ACTIVITY, INCLUDING WITHOUT LIMITATION ANY RISKS ARISING IN TRANSIT TO OR FROM AN ACTIVITY AND ANY RISKS ARISING FROM INTERACTIONS WITH ANY MATCH(ES), PREVIOUS MATCH(ES), OR ANY OTHER USER(S) OF THE WANDURE PLATFORM AND/OR DATE VENUE(S).
Release and Waiver
You acknowledge and agree that:
- You have soundly evaluated the hazards involved in the Activity/Activities and have made an informed and intentional decision to participate.
- You, not the Date Venue(s) or Wandure, are solely accountable for determining your fitness for participating in the Activity/Activities and for determining your ability to entirely comprehend any existing guidelines or cautions relating to the Activity/Activities.
- You will not participate in any Activity/Activities when you have a bodily, medical, or mental constraint or disability, or when you are conscious of or should reasonably be aware of anything that may limit or inhibit you from safely and securely participating in the Activity/Activities.
- You will act soundly and sensibly and will conform with any provided and expected circumstances, guidelines, and/or provisions for involvement in the Activity/Activities. If you notice or reasonably suspect any risk during an Activity, you will immediately stop participating in that Activity.
TO THE HIGHEST EXTENT ALLOWED BY LAW, YOU RELEASE AND PROMISE NOT TO LITIGATE AGAINST THE DATE VENUE(S) AND/OR WANDURE FOR ANY ENTITLEMENTS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER FINANCIAL OR NON-FINANCIAL), DAMAGES, EXPENSES, OR LIABILITY OF ANY KIND EMERGING FROM OR IN RELATION TO THE ACTIVITY/ACTIVITIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
You expect this User Release and Waiver to be a whole and unconditional release of all liability to the utmost extent allowed by law. You agree that if any part of this User Release and Waiver is held to be untrue or invalid, the balance shall nonetheless proceed with full force and effect.
Disclaimer of Warranties
TO THE HIGHEST EXTENT ALLOWED BY LAW, WANDURE DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND REGARDING THE ACTIVITY, WHETHER EXPLICIT OR INFERRED. WITHOUT LIMITING THE PRECEDING, AND TO THE HIGHEST EXTENT ALLOWED BY LAW, WANDURE SPECIFICALLY DISCLAIMS ANY WARRANTIES OF SECURITY, FITNESS FOR A SPECIFIC PURPOSE, OR QUIET ENJOYMENT, OR AS TO THE SUFFICIENCY OF ANY GUIDELINES AND/OR CAUTIONS PROVIDED TO YOU.
Indemnification
You agree that if, notwithstanding this User Release and Waiver, you or anyone acting on your behalf makes a claim against the Date Venue(s) or against Wandure relating to an Activity, you will indemnify and hold the Date Venue(s) and Wandure harmless from any liability, demand, loss, damage, or costs which the Date Venue(s) or Wandure may sustain resulting from such claim.
You confirm that you HAVE READ THIS USER RELEASE AND WAIVER AND FULLY COMPREHEND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT DETAILED HEREIN. YOU ADDITIONALLY COMPREHEND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO WILLINGLY AND FREELY AND WITHOUT INDUCEMENT.
8.3.1 Safety. Though Wandure attempts to promote a civil user experience, Wandure is not accountable for the behaviour of any User or any person connected with any Date Venue in any way, whether on or off of the Wandure Platform. You agree to use care in all interactions with other Users and persons connected with Date Venues in any way, especially if you confirm and/or attend and/or participate in Activities.
8.3.2 YOU ARE ACCOUNTABLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU COMPREHEND THAT WANDURE DOES NOT PERFORM CRIMINAL BACKGROUND CHECKS ON ITS USERS OR ITS DATE VENUES OR ELSE SEARCH INTO THE BACKGROUND OF ITS USERS OR ITS DATE VENUES. WANDURE MAKES NO DEPICTIONS OR ASSURANCES AS TO THE BEHAVIOUR OF USERS OR ANYONE CONNECTED TO ANY DATE VENUE. WANDURE NONETHELESS RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) ON YOU AND/OR ANY OTHER USER AT ANY TIME USING ACCESSIBLE PUBLIC RECORDS. YOU AGREE THAT WANDURE HAS THE RIGHT TO PERFORM SUCH SEARCHES AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. If the company decides to conduct any screening through a consumer reporting agency, you hereby authorize the company to obtain and use a consumer report about you to determine your eligibility to obtain a Wandure Account and/or to use the Wandure Platform and/or obtain services provided by Date Venues.
8.3.3 Sex offender screenings and other tools do not guarantee your safety and are not a substitute for following sensible safety precautions. Always use your best judgment and take appropriate safety precautions when communicating with or meeting new people. Communications received through the Wandure Platform, including any automatic notifications sent by Wandure, may result from Users engaging with the Wandure Platform for improper purposes, which may without limitation include fraud, abuse, harassment, or other such improper behaviour. Wandure recommends that you read our Safe Dating Tips page, which may be found at www.wandure.com/safe-dating-tips. You should read this page before participating in any Activity, and re-read it on a regular basis.
9.1 A Date Venue and/or User who requests a change to a confirmed booking (a “Booking Modification”), except as expressly allowed herein, is accountable for such Booking Modification. Date Venues and Users agree to pay any additional fees and/or taxes that may be associated with Booking Modifications for which they are accountable.
9.2 Users can cancel a booking at any time subject to the Wandure Platform’s Cancellation Policy, and Wandure will issue any refund to the Users in agreement with such Cancellation Policy. Unless extenuating circumstances exist, any amounts due to Date Venue(s) under the applicable Cancellation Policy will be sent to the Date Venue(s) by Wandure.
9.3 If a Date Venue cancels a confirmed booking, the Users will each obtain a full refund of their Total Fees for such booking.
9.4 If harsh weather produces an unsafe, insecure, or difficult situation for Users or Date Venues, Date Venues may adjust or terminate an Activity. If there is a considerable modification to the itinerary or the Activity needs to be cancelled, Wandure will work with the Date Venue to offer the affected Users a different date for the Activity, a suitable refund, or a rebooking.
9.5 In some situations, Wandure may decide, in its sole discretion, that it is essential to cancel a confirmed booking and make suitable refund and payout decisions. This may occur when Wandure, in good faith and considering the sincere interests of both Date Venue(s) and User(s), deems that cancellation is essential to avoid substantial harm to Wandure, any User(s), anyone connected in any way with any Date Venue(s), any third parties, or any property, or for any of the objects mentioned in these Terms.
9.6 Users may contact support@wandure.com to send or request money for refunds, to submit Damage Claims associated with Activities, or to submit any other request, complaint, concern, or feedback. Any Damage Claim is subject to the waivers, disclaimers, limitations of liability, and indemnifications disclosed herein.
10.1 You are exclusively accountable for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Wandure Platform. In association with your use of the Wandure Platform, you will not and will not help or permit others to:
- breach or bypass any pertinent laws or regulations, agreements with third parties, third-party rights, or our Terms;
- use the Wandure Platform or Collective Content for any commercial activities or other activities that are not explicitly allowed by these Terms, or in a way that incorrectly suggests Wandure backing or partnership or else misinforms others as to your relationship with Wandure;
- duplicate, store, or otherwise access or use any data contained on the Wandure Platform, including individually recognizable data about any other User, in any way that is not aligned with Wandure’s Privacy Policy or these Terms or that else breaches the privacy rights or intellectual property rights of any User(s) or Date Venue(s) or third party/parties;use the Wandure Platform in association with the distribution of unsolicited commercial communications (“spam”);
- unless Wandure permits otherwise expressly and in writing, create any User profile for a third party;
- use the Wandure Platform to contact a User to demand, make, or accept a booking independent of the Wandure Platform, to avoid any processing fees or for any other motive;
- demand, accept, or make any payment outside of the Wandure Platform for an Activity booked through the Wandure Platform. If you do so, you recognise and agree that you: (i) are in breach of these Terms; (ii) admit all risks and accountability for such payment; and (iii) hold Wandure innocent of any and all responsibility for such payment;
- harm the Wandure brand in any way;
- use any robots, spider, crawler, scraper, or other automated means or processes to access, to collect data or other content from, or to otherwise interact with, the Wandure Platform for any purpose;
- circumvent, bypass, eliminate, disable, weaken, descramble or in any other way interfere with any technological measure implemented to protect the Wandure Platform, whether that technological measure was implemented by Wandure or any of Wandure’s providers or any other third party;
- attempt to decipher, decompile, disassemble, decode, or reverse engineer any of the software used to provide the Wandure Platform; or
- take any action that damages or harmfully affects the performance or appropriate functioning of the Wandure Platform.
10.2 You recognise that Wandure has no duty to oversee the access to or use of the Wandure Platform by any User or to review, restrict access to, or edit any User Content, but that Wandure has the right to do so to (i) run, secure, and improve the Wandure Platform (including without restriction for fraud deterrence, risk assessment, investigation, and customer support purposes); (ii) ensure Users’ agreement with these Terms; and (iii) obey applicable law. Users agree to assist Wandure in good faith, and to provide Wandure with such information and take such actions as may be reasonably requested by Wandure with regards to any investigation undertaken by Wandure regarding the use or abuse of the Wandure Platform.
10.3 If you consider that any User, or any person connected in any way with any Date Venue, is behaving or has behaved inappropriately, either online or in person, you should first report such person to the proper authorities, and then report such person to Wandure via the support@wandure.com email address, including, if applicable, by connecting us with the relevant authorities. You make any such report to Wandure on the conditions that: (i) your report will not require us to take any action other than that which is compulsory by law, and (ii) your report will not lead us to sustain any liability to you.
11.1 This Agreement shall be applicable for a 30-day period. At the end of such period, this Agreement will automatically and constantly renew for succeeding 30-day periods, until such time that you or Wandure terminate this Agreement.
11.2 You may terminate this Agreement at any time by contacting support@wandure.com and requesting deletion/cancellation of your Wandure Account. If you cancel your Wandure Account, any confirmed Match(es) or booking(s) will be automatically cancelled, and any refund that you receive will depend upon the terms of the applicable Cancellation Policy.
11.3 Without restricting the rights specified herein, Wandure may terminate this Agreement at any time by giving warning via email to your listed email address.
11.4 Wandure may immediately, without warning, terminate this Agreement if you have substantially breached your obligations under these Terms or any policies, and/or if Wandure believes in good faith that such action is reasonably crucial to protect the individual security or property of Wandure, of any of its Users or Date Venues or persons connected in any way therewith, or of third parties.
11.5 As well, for the reasons outlined below, Wandure may do the following without notice:
- delete or hide any User Content you provide on, over, through, or within the Wandure Platform;
- refuse to select or schedule any Activity/Activities on your behalf;
- cancel any pending or confirmed bookings for any of Activities;
- limit your access to or use of the Wandure Platform;
- temporarily or permanently revoke any special status connected with your Wandure Account; or
- temporarily, or in case of grave or repeated offenses, permanently, suspend your Wandure Account.
Wandure may take the above actions to conform with applicable law or with the order or request of a court, of a law enforcement or other administrative agency, or of a governmental body, or for any of the following reasons:
i. you have breached these Terms, applicable laws, regulations, or third party rights;
ii. you have provided inaccurate, deceitful, outdated, or inadequate information during your Wandure Account registration or thereafter, and have not corrected same;
iii. you and/or Date Venue(s) or Activity/Activities at any time fail to meet any appropriate quality or aptness criteria;
iv. Wandure becomes conscious of or has received complaints about your performance or behaviour;
v. you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without an acceptable cause; or
vi. Wandure deems in good faith that such action is reasonably necessary to protect the personal safety or property of Wandure or of any of its Users or Date Venues or persons connected in any way therewith, or of third parties, or to prevent fraud or other illegal activity.
In case of non-material breaches and where suitable, you will be given warning of any planned measure by Wandure and a chance to resolve the issue to Wandure’s reasonable approval.
11.6 If we take any of the actions described above against a Date Venue, (i) each User for whom confirmed bookings with that Date Venue have been cancelled will be fully refunded the applicable Activity Cost, and (ii) that Date Venue will not be eligible for any compensation for pending or confirmed bookings that were cancelled.
11.7 When this Agreement has been terminated, you are not eligible for a reinstatement of your Wandure Account or any of your User Content. If your access to or use of the Wandure Platform has been limited or your Wandure Account has been suspended or this Agreement has been terminated by us, you may not create a new Wandure Account without the express written permission of Wandure, nor may you access or use the Wandure Platform through the Wandure Account of another User.
If you elect to use the Wandure Platform or Collective Content, you do so willingly and at your exclusive risk. The Wandure Platform and Collective Content is provided “as is”, without warranty of any type, either explicit or implicit.
You agree that you have had sufficient opportunity to investigate the Wandure Services, laws, rules, or regulations that may be pertinent to the Activity/Activities in which you are participating, and that you are not relying upon any declaration of law or fact made by Wandure relating to an Activity.
If Wandure elect to perform identity authentication any User, to the degree allowed by applicable law, Wandure provides no warranties of any kind, either explicit or inferred, that such checks will recognise prior wrongdoing by a User or guarantee that a User will not engage in misbehaviour in the future.
You agree that some Activities may carry innate risk, and by participating in those Activities, you elect to accept those risks willingly. For example, some Activities may carry risk of illness, bodily injury, disability, and/or death, and you unreservedly and willfully assume those risks by choosing to participate in those Activities. YOU ASSUME FULL ACCOUNTABILITY FOR THE CHOICES YOU MAKE BEFORE, DURING, AND AFTER YOUR INVOLVEMENT IN AN ACTIVITY. To the greatest degree allowed by law, you agree to release and hold innocent Wandure from all liabilities and claims that result from any injury, death, loss, or harm that occurs before, during, or after the Activity, regardless of whether such injury, death, loss, or harm is wholly or partially attributable to neglect, negligence, or wilful or intentional action or inaction by anyone connected in any way with any Date Venue or by any User participating in the Activity or by Wandure or any person or organization associated with Wandure, and regardless of whether such injury, death, loss, or harm is in any way correlated to or connected to that Activity. For additional clarity, you agree to release and hold innocent Wandure from any and all liabilities and/or claims that result from any injury, death, loss, or harm occurring outside the scope of an Activity, including but not limited to injury, death, loss, or harm resulting from any communication, contact, or other interaction with a former Match or former potential Match regardless of any connection or correlation between the injury, death, loss, or harm and the Activity or the Wandure Platform.
The above disclaimers apply to the highest degree allowed by law. You may have other constitutional rights. However, the length of statutorily required warranties, if any, shall be limited to the highest degree allowed by law.
13.1 You recognise and agree that, to the highest degree allowed by law, the complete risk resulting from your access to and use of the Wandure Platform and Collective Content, your submission or acceptance or confirmation of any Activity via the Wandure Platform, participation in any Activity, or any other interaction you have with Matches, potential Matches, other Users, or anyone connected in any way with any Date Venue, whether in person or online, at any time, remains with you. Neither Wandure nor any other party involved in creating, producing, or delivering the Wandure Platform or Collective Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Wandure Platform or Collective Content, (iii) from any communications, interactions, or meetings with other Users, anyone connected in any way with any Date Venue, or other persons with whom you communicate, interact, or meet with as a result of your use of the Wandure Platform, or (iv) from your acceptance or confirmation of an Activity, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Wandure has been informed of the possibility of such damage, even if a restricted remedy set forth herein is found to have failed of its essential purpose. FOR FURTHER CLARITY, SUBJECT TO SECTION 15.2, IN NO EVENT WILL WANDURE BE LIABLE TO ANY PERSON OR ORGANIZATION OTHER THAN USER(S) AND/OR DATE VENUE(S) FOR ANY REASON WHATSOEVER, OR LIABLE TO USER(S) OR DATE VENUE(S) FOR ANYTHING OTHER THAN A CANCELLED ACTIVITY. WANDURE’S LIABILITY IN THE EVENT OF A CANCELLED ACTIVITY SHALL BE IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE CANCELLATION POLICY BUT WILL NOT FOR ANY REASON EXCEED TWO (2) TIMES THE ACTIVITY COST FOR THAT ACTIVITY.
13.2 If you reside in the EU, Wandure is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Wandure is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Wandure in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract, but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Wandure is excluded.
You agree to release, defend (at Wandure’s option), indemnify, and hold Wandure and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, that result from or are in any way associated with (i) your breach of these Terms or our policies or standards, (ii) your improper use of the Wandure Platform or of any Wandure Services, (iii) your interaction, at any time and for any reason, with any User or anyone connected in any way with any Date Venue or your participation or lack of participation in an Activity, including without restriction any injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in association with or as a result of such interaction, participation, or lack of participation, (iv) Wandure’s collection and remittance of occupancy taxes, or (v) your breach of any laws, regulations, or third party rights.
We are open to feedback—and we encourage you to deliver feedback, comments, and suggestions for enhancements to the Wandure Platform (“Feedback”) to us. You may submit Feedback by emailing support@wandure.com, by messages sent over the Wandure Platform itself, or by any other means of communication (including without limitation via social media platforms). Any Feedback you submit to us by any method will be deemed non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, publish, and build on those ideas and materials for any purpose, without compensation to you.
We may ask you to review and/or rate an Activity, a previous Match, or both. Such reviews and/or ratings (“User Reviews”) will be treated as confidential information by Wandure and not shared with other Users of the Wandure Platform. In particular, a User Review about a specific User will not be shared with that specific User, unless that sharing is required by applicable law. However, User Reviews may be used to refine processes for recommending Matches and/or for selecting Activities. Additionally, User Reviews may be used for other internal Wandure purposes, including but not limited to human training, machine training, and/or quality control purposes. By submitting any User Review, you consent to any and all such uses. Further, Wandure encourages courtesy and kindness in User Reviews. User Reviews are User Content and as such are subject to all requirements, warranties, and representations detailed herein. Without restricting the generality of such terms, making derogatory, abusive, untrue, or otherwise offensive statements in User Reviews is not permitted and may result in suspension and/or termination of your Wandure Account.
15.1 Dispute Resolution
If you are dissatisfied with the Wandure Services or the Wandure Platform for any reason, we ask that you first contact us through support@wandure.com. We will try to resolve your concerns, whether technical or otherwise. In the unlikely event that we cannot reach a mutually acceptable resolution and you choose to pursue a legal claim, the following terms will apply.
15.1.1 The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or in relation to the Wandure Services or Wandure Platform shall be by binding arbitration in the Province of Ontario. There are two (2) exceptions to the exclusivity of arbitration, as follows: (i) you and Wandure (individually each a “Party”) each have the right to bring an individual claim against the other Party in a small-claims court of competent jurisdiction; and (ii) if a dispute is begun in arbitration, the responding Party may request that the dispute proceed in small claims court, provided that the claim is within the jurisdiction of that small claims court. If the responding Party requests to proceed in small claims court prior to the appointment of an arbitrator, the arbitration shall be administratively closed. If such request is made after the appointment of an arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration, or if the arbitration should be administratively closed and the dispute decided in small claims court. Regardless of whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain any class action, class arbitration, or other representative action or proceeding against Wandure.
15.1.2 By using the Wandure Services or Wandure Platform in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Wandure, except for matters that may be taken to small-claims court in accordance with Section 15.1.1. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. You understand and accept that your rights will be determined by a third-party arbitrator, and not by a judge or jury. You understand and accept that that arbitrator will determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
15.1.3 Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Wandure (except for small-claims court actions) may be commenced only in appropriate courts in the Province of Ontario.You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
16.1 Except as they may be complemented by additional terms and conditions, policies, guidelines or standards, these Terms establish the entire Agreement between you and Wandure concerning the subject matter hereof, and replace any and all prior oral or written understandings or agreements between Wandure and you related to the access to and/or use of the Wandure Platform.
16.2 No joint venture, partnership, or employment relationship exists between you and Wandure as a result of this Agreement or of your use of the Wandure Platform.
16.3 Except as otherwise expressly provided herein, no agency relationship exists between you and Wandure.
16.4 These Terms do not confer, and are not intended or expected to confer, any rights or remedies upon any person or entity other than Users, Date Venues and persons connected therewith, and Wandure.
16.5 If any provision of these Terms is held to be untenable or unenforceable, such provision will be struck and will not influence the validity and enforceability of the remaining provisions.
16.6 Wandure’s failure to impose any right or provision in these Terms will not constitute a waiver of such right or provision unless such waiver is expressly acknowledged and agreed to by us in writing. 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 permitted under law.
16.7 Unless specified otherwise, any notices or other communications to Users that are permitted or required under this Agreement will be in writing and given by Wandure via email, Wandure Platform notification, or messaging service (including SMS). For notices made to Users residing outside of Germany, the date of receipt will be deemed the date on which Wandure transmits the notice.
16.8 Except as otherwise required by law, these Terms and any other agreement made between you and Wandure shall be governed by the laws of the Province of Ontario.
16.9 If you have any questions about these Terms, please email us at support@wandure.com.