Wundar Terms of Use

1. General

1.1. Please read the following terms and conditions (Terms) to understand your rights and obligations when accessing Wundar, content, products, and services. These Terms operate between you and us.
1.2. We provide services to you through Wundar, including the ability to post your profile, contact other members and other functions from time to time (together, the Services). We may also offer additional services to the Services from time to time.
1.3. By browsing, accessing or using the Services, or clicking “Join Now”, “Join Wundar”, “Sign Up” “Sign In” or similar, you agree to be bound by these Terms. If you do not accept these Terms, you must immediately cease using the Services.
1.4. We reserve the right to amend these Terms from time to time. Amendments will be effective as soon as such changes are published on Wundar. Your continued use of the Services constitutes agreement by you to be bound by these Terms as amended. You should regularly review these Terms. Where there is inconsistency between the content on Wundar and other content displayed as part of the Services, the content on Wundar will prevail.
1.5. These Terms constitute the entire agreement between you and us with respect to their subject matter and supersede all prior agreements and understandings between you and us in connection with the Services.

2. Your Account

2.1. You may access some areas of Wundar without registering your details with us. However, to use the Services, you must provide us with some of your personal information and have the option to register an account (Account). When you register an Account on Wundar, you become a Member. If you have chosen not to register for our Services, you may access certain features of the Services as a Visitor.
2.2. If you are not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent or guardian to read these Terms and agree to them for you, before you use the Services or provide any information to us. Please review this agreement with your parent or guardian so that you both understand how our Service works and what restrictions apply to your use of our App and Services generally.
2.3. To obtain an Account, you must submit your ‘first name’, ‘last name’, ‘what I do’, ‘location’, ‘interests’, ‘I need help with’, ‘I can help you with’. All personal information you provide through Wundar will be collected, handled and used in accordance with our Privacy Policy.
2.4
You agree to keep your Account information accurate and complete. You will not be able to use Wundar if you provide invalid, expired  or incorrect information, or are in arrears with your payment for Services (where applicable).
2.5. You acknowledge and agree that you are responsible for any activity that occurs through your Account and you will not sell, transfer, license or assign your Account to anyone else. You agree that you will not create an account for another person, and will not possess more than one Account, unless permitted by us in writing.

3. Licence for the Services
Subject to your acceptance of these Terms, we grant you a limited, non-exclusive, non-assignable, non-transferable licence to access and use Wundar solely for your own personal, non-commercial purposes.

4. Warranties and Disclaimer

4.1. In Australia, our services come with guarantees that cannot be excluded under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).
4.2. Nothing in these Terms excludes, restricts or modifies or purports to exclude, restrict the conditions, warranties and undertakings arising under the Australian Consumer Law. Our liability for death or personal injury arising from our negligence or for any condition, warranty, right or liability implied in these Terms by law cannot be excluded.
4.3. The Services and Wundar are provided to you strictly on an “as is” and “as available” basis. You acknowledge that:
a. your use of the Services and Wundar is at your own risk;
b. prior to accepting these Terms you have been given a reasonable opportunity to examine and satisfy yourself regarding the Services which are the subject of these Terms;
c. at no time prior to accepting these Terms have you relied on our skill or judgement and that it would be unreasonable for you to do so; and
d. We do not make any representations or warranties concerning any content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.
4.4. To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:
a. that your access to the Services or Wundar will be free from interruptions, errors or viruses; or
b. the accuracy, adequacy or completeness of information on the Services or Wundar (nor do we undertake to keep the Services updated).
4.5. To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Terms:
a. your sole remedy will be for us to provide the features or services that were previously provided; and
b. our maximum liability to you is limited to the purchase price of the goods or services you purchased in your last transaction using our Services or $100, whichever is lower.

5. Limitation of Liability

5.1. To the maximum extent permitted by law, we do not accept responsibility for any loss or damage (including indirect, special or consequential loss or damage), however caused and whether or not foreseeable (whether in contract, tort, for breach of statutory duty or otherwise), even if we have previously been advised of the possibility of such loss or damage which you may directly or indirectly suffer in connection with:
a. your use of the Services, Wundar or any linked website, content, products and services (together, the linked services) (including interference with or damage to your computer or mobile devices arising in connection with any such use);
b. the Services or Wundar being interrupted or unavailable;
c. errors or omissions from the Services or Wundar;
d. any failure or lack of any security measures by us, or any third party including in relation to the storage or transfer of data;
e. viruses, malicious codes or other forms of interference effecting the Services, Wundar or any linked services;
f. your use of or reliance on information contained on or accessed through the Services, Wundar or any linked services, which information may be incorrect, incomplete, inadequate or outdated;
g. goods or services supplied pursuant to or in any way connected with the Services or Wundar;
h. unauthorised access to or use of, our servers and/or any information stored on them; or
i. any failure or omission on our part to comply with our obligations as set out in these Terms.

5.2. To the maximum extent permitted by law, you agree to indemnify and keep indemnified us and our Personnel against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of Wundar or the Services, or from your violation of these Terms.

6. Your acknowledgements and warranties

6.1. In using our Services, you acknowledge and agree that:
a. these Terms apply between you and us only;
b. there is a risk of malicious actors seeking to interfere with our Services and that we expressly disclaim any liability for loss associated with that circumstance;
c. there is no professional relationship (including any attorney-client or advisor-advisee relationship) between you and us;
d. we cannot guarantee the identity of any users with whom you interact in using the Services or Wundar and are not responsible for which users gain access to the Services or Wundar.
6.2. In entering into these Terms, you represent and warrant to us that:
a. any information provided to us by you is accurate and complete;
b. we and our Personnel will be entitled to rely on the accuracy and completeness of any information provided by you;
c. you have not entered into these Terms in reliance on or as a result of any statement or any conduct of any kind or on behalf of any other person;
d. you have independently satisfied yourself in respect of all matters in connection with these Terms;
e. entry into the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
f. you will not infringe or violate any of the Terms;
g. you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use Wundar or the Services in accordance with these Terms, and to fully perform your obligations hereunder;
h. if you use Wundar or the Services on behalf of a business, corporate or charitable entity, you represent, warrant and agree:
1. that you are duly authorised under any applicable law to represent such entity in connection with these Terms and to commit it to be bound by these Terms;
2. make all representations and warranties herein on both your and its behalf; and
3. personally guarantee performance by such entity;
i. you possess the knowledge and judgment necessary to decide whether to use Wundar or otherwise engage with us or use of the Services;
j. you are solely responsible for complying with applicable laws regarding use of Wundar or the Services including, without limitation, the determination of whether use of Wundar or our Services complies with laws applicable to you; and
k. you have read and agree to assume the risks identified above.

7. User Data

7.1. You acknowledge and agree that we may share User Data (which may include personal information) in accordance with our Privacy Policy. In particular:
a. we may share User Data (including any personal information) with Sponsors in connection with providing the Services; and
b. to the extent any User Data (including any personal information) is shared with any third-parties in accordance with our Privacy Policy and these Terms (including to Sponsors), we cannot control the uses of the User Data (including personal information) and are not responsible for such uses; and
c. we will however, take reasonable steps to ensure any recipient to which we provide your User Data (including any personal information) deals with such information in a manner consistent with our Privacy Policy and the Australian Privacy Principals the set out in Schedule 1 to the Privacy Act 1988 (Cth).
7.2. Notwithstanding any other term of these Terms of Use, you acknowledge and agree that:
a. we may Process User Data that has been aggregated and sufficiently de-identified such that identification of the underlying user (as the source of the information) is not reasonably possible (Aggregated Data);
b. we shall own all intellectual property rights and other rights in the Aggregated Data; and
c. we may use the Aggregated Data for any purpose, including for purposes that are not related to the Services or these Terms.  Without limitation, we may Process, use, reproduce, communicate, licence, broadcast, distribute, publish, commercialise, disseminate and exploit the Aggregated Data for any purpose.
7.3. You hereby assign absolutely to us, free of all encumbrances, and we accept the assignment from you, of all of the your right, title and interest throughout the world in relation to the Aggregated Data as and when it comes into existence.
7.4. This clause 7 survives the expiration or termination of these Terms.

8. Specific Warnings

8.1. You must ensure that your access to Wundar or the Services is not illegal or prohibited by laws which apply to you in the jurisdiction in which you are located.
8.2. You must take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of viruses, malicious computer code or other forms of interference emanating from the Services (or any linked services) which may damage your own computer system.
8.3. You agree that you will not rely on any information contained on Wundar or the availability of such information and that any decision you make in relation to the Services will be as a result of your own independent assessment of such information.

9. Copyright

9.1. The content of Wundar or the Services (including its “look and feel”, text, graphics, images, logos, icons, photographs, editorial content, sound recordings, software and other material) is owned by us or licensed to us by third parties and protected under applicable laws.
9.2. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in the jurisdiction in which you are located, and except as expressly authorised by these Terms or in writing by us, you may not in any form or by any means:
a. copy, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of Wundar or the Services; or
b. commercialise any information, products or services obtained from any part of Wundar or the Services.
9.3. All rights not expressly granted under these Terms are expressly reserved.

10. Links in the Services

10.1. Wundar and the Services may contain links to linked services. Those links are provided for convenience only and may not remain current or be updated by us.
10.2. We are not responsible for the content or privacy policies or practices of persons or companies associated with linked services. We will not be liable to you or any other person for any loss or cost arising in respect of use or access to linked services. When you access any linked services you do so entirely at your own risk.
10.3. Linked services should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked services, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
10.4. Your interactions with organisations and/or individuals found on or through Wundar or the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Wundar shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

11. Website Materials

11.1. We do not grant you any intellectual property rights in any thing (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via Wundar or the Services (Materials).
11.2. Any use or disclosure (including reproductions and communications to the public) of any Materials by you are on the basis that:
a. such use and disclosure is at your own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
b. you ensure that all links to Materials are presented or able to be used in a way that makes it clear to a viewer or user of the links or linked materials that the source of the Materials is Wundar;
c. you ensure that anyone who uses or reproduces your links to the Materials does so on the same terms as a person who accesses the Materials directly from Wundar;
d. you ensure that anyone who uses or reproduces your links to the Materials is not able to circumvent the limits (including technological restrictions and as to location) applying in respect of the Materials were the Materials to be accessed or sought to be accessed directly from Wundar rather than via their links;
e. you do not link the Materials in a way that damages or takes advantage of our reputation, including in a way that suggests or implies that you have any association or affiliation with us or approval or endorsement; andyou otherwise comply with our directions, including any take down or cease or desist directions.

12. Proper Use

12.1. You must only use Wundar and the Services for lawful purposes. You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or which is unlawful or prohibited by any laws applicable to Wundar or the Service, including but not limited to any act which would constitute a breach of privacy, using Wundar or the Services to defame or libel us, our employees or any other person.
12.2. You must not:
a. use Wundar to impersonate any other person or entity;
b. use the Services or interact with the Services in a manner that jeopardises the security of your Account or anyone else’s (such as allowing someone else to log on as you on the Services)
c. reverse engineer the code contained in the Services or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to our Services any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our security protocols;
d. damage, disrupt, interfere with or misuse the Services, including by data mining, hacking, data harvesting or scraping or using similar data gathering and extraction tools in respect of the Services;
e. launch any automated program or script, including web crawlers, web robots, web indexers, bots, viruses or worms or any program which makes multiple server requests per second or impairs the operation and/or performance of the Services;
f. rent, lease, loan, trade, sell/re-sell or otherwise monetise the Services or related data or access to the same; or
g. use any device, software or routine intended to damage or interfere with the proper working of the Services or to intercept or sequester any system, data, images or other multimedia elements from the Services.

13. Visitor Material

13.1. Other than information about an identifiable individual, which is covered under our Privacy Policy, any material you post, transmit or upload to the Services (including without limitation, reviews) (Visitor Material) will be considered non-confidential and non-proprietary.
13.2. You consent to any act or omission which would otherwise constitute an infringement of your moral rights you may have in respect of Visitor Material. This consent survives any termination of these Terms.
13.3. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data images, sounds, text and other things embodied in the Visitor Material for any and all commercial and non-commercial purposes.
13.4. Any information and content (including Visitor Material) that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will use reasonable commercial endeavours to honour the choices you make about who can see content or information.
13.5. By posting, uploading or transmitting any Visitor Material, you represent and warrant that any Visitor Material does not and will not:
a. breach any applicable law;
b. contain any viruses or any other harmful program;
c. contain any defamatory, obscene or offensive material;
d. promote violence or discrimination;
e. infringe the intellectual property rights of another person;
f. breach any legal duty owed to a third party (such as a duty of confidence);
g. promote illegal activity or breach the privacy of any other person;
h. be threatening, abuse or invade another person’s privacy or be likely to harass, upset, embarrass or annoy any other person;
i. give the impression that the Visitor Material originates from us;
j. be used to impersonate another person or to misrepresent your affiliation with another person;
k. execute any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); or
l. contain any unsanctioned advertising, promotional materials, or other forms of unsanctioned solicitation, including without limitation, junk mail, spam, chain letters or any unsolicited mass distribution of email.

13.6. The prohibited acts set out in clause 13.5 are not exhaustive. There is no tolerance for objectionable content or abusive users. If we become aware of harmful content or conduct we will take appropriate actions within 24 hours by removing the content and ejecting the user who provided the offending content.
13.7. You grant us an irrevocable, perpetual, exclusive, transferable, royalty free worldwide licence to use, copy, modify and distribute any Visitor Material in any manner we think fit (including without limitation, by reproducing, altering or communicating the Visitor Material to the public). You also grant us the right to sublicense these rights.
13.8. All Visitor Material contained on the Services is for information purposes only and does not constitute advice from us. Visitor Materials reflect the opinions of users who have used the Services and any statements, advice or opinions provided by such persons are theirs alone. To the maximum extent permitted by law, including any restrictions contained in the Australian Consumer Law, we assume no responsibility or liability to any person for any Visitor Materials, including without limitation, any errors, defamatory statements, obscenity, omissions or misrepresentations in any such Visitor Materials.

14. Privacy Policy
We undertake to comply with the terms of our privacy policy which is available on our Website.

15. Security of Information

15.1. No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.
15.2. Any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.

16. Service Access
While we endeavour to ensure the Services are available twenty four (24) hours a day, we are not under any obligation to do so, and will not be liable to you if the Services are unavailable at any time or for any period.  Your access to the Services may also be restricted at our discretion.

17. Termination of Access

17.1. Your access to the Services may be terminated at any time by us without notice to you. Following termination we will have no further obligations or liabilities to you.  Any exclusions of liability or other provisions contained in these Terms which by their nature survive termination of these Terms will survive any such termination.
17.2. On termination, you lose the right to access or use the Services. The following shall survive termination:
a. Members and/or Visitors’ rights to further re-share content and information you shared through the Services; and
b. Sections 4, 5 and 7 of these Terms.

18. Severability
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof will to that extent be severed and deemed not to form part of these Terms but the legality, validity and enforceability of all other provisions of these Terms will not be affected.

19. Governing Law
These Terms are governed by the laws in force in the State of New South Wales and you agree to submit to the exclusive jurisdiction of the courts of that State in respect of any dispute arising from these Terms.

20. Definitions

20.1. In these Terms:
a. Account has the meaning given in clause 2.1;
b. App means the mobile application provided by us to users via a digital distribution service such as the AppStore (for Apple devices) or Google Play (for Android devices);
c. we, us and our and similar terms are a reference to Wundar Pty Ltd (ACN 625 264 509) and our related entities;
d. Device means any tangible object or thing that is capable of generating, sending, receiving, storing or otherwise processing Electronic Communications to or from us that enables you to receive information about, or to transact on, your Account and includes a computer, mobile telephone, tablet, or any other telecommunications device;
e. Electronic Communication means a communication of information in the form of data, text or images by means of guided and/or unguided electromagnetic energy;
f. Member means any user of the Services that has registered an Account;
g. Personnel means any employee, contractor, subcontractor, agent, partner, shareholder, ultimate beneficial owner, director or officer of a party;
h. Process means to perform an operation or set of operations on data, content or information, whether or not by automated means, including to collect, record, organise, structure, store, adapt or alter, retrieve, consult, use, disclose by transmission, disseminate or otherwise make available, align, combine, restrict, erase or destroy;
i. Services has the meaning given in clause 1.2;
j. Sponsors means any sponsor host (whether an individual, organisation, institution, association or other entity to whom you connect your account or profile) and their administrators and/or personnel;
k. User Data means all data and information of any kind relating to a Member or Visitor, in whatever form and whether entered by or on behalf of the user using the Services, stored in, generated by, transferred to or processed through the Services, or otherwise transferred to us;
l. Visitor means any person who accesses or otherwise uses any part of our Service without registering an Account; and
m. Wundar means the App and the website located as www.wundar.co and any other websites or application that we may operate from time to time.