Terms and Conditions

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Revised July 21, 2016

 

By accessing, using or obtaining any content, data, materials, information, products or services from Wanderu, Inc’s websites and associated mobile apps (“Wanderu Service”) you agree to be legally bound by these terms and condition (“Terms”). If you do not agree to all of these Terms, please refrain from using the Wanderu Service. All uses that do not comply with the Terms are prohibited.

Description of Service – Wanderu does not sell or provide travel services.

The Wanderu Services provides you with tools and resources to search and plan travel services, including online travel search tools now known or hereafter developed including any software and systems developed or deployed in association with the online travel search.

The Wanderu Service is an online travel search. Wanderu does not provide, own or control any of the travel services or products that are presented and are accessible through the Wanderu Service such as bus travel, train travel, flights, rental cars, hotels and the like (“Travel Offerings”). The Travel Offerings are controlled, owned and provided by third parties (“Travel Providers”) either directly by the service provider or through an agent such as an online travel agency. The Travel Providers are solely responsible for the Travel Offerings and the Travel Provider’s terms and privacy policies cover you reservations. You must agree to the Travel Provider’s terms as well as to the terms of the service provider of the actual travel services. Interacting with Travel Provider’s accessed through Wanderu is done at your own risk and Wanderu has no responsibility if anything goes wrong with your reservation, during or after travel. The listing of a Travel Offering or Travel Provider on Wanderu Services is neither implied nor explicit a recommendation, sponsorship, control or affiliation with the Travel Providers or the Travel Offerings.

Wanderu provides data, including pricing, locations and schedules, which are obtained from Travel Providers. Wanderu does not warrant and is not responsible for the accuracy, timeliness or completeness of such provided data. Wanderu does not service the Travel Offerings nor control the Travel Providers and Wanderu does not verify the data provided to us by the Travel Providers. Wanderu does not guarantee the prices and availability listed on Wanderu Services. Prices and availability vary continuously and additional fees, charges and/or taxes may be applicable. Some listings on Wanderu may be sold in another currency than the listed currency that was your default display currency or the currency that you had selected to view listings in. Currency conversions shown on Wanderu are for information purposes only, actual conversion rates may vary and your payment provider may apply other currency conversion rates and/or charge fees for payments made in other currencies.

A reservation of a Travel Offering made through the Wanderu Service is a reservation that is made directly with the Travel Provider listed on the reservation step of the Wanderu Service. The Wanderu Service only facilitates the reservation by offering a user interface to make the reservation with the Travel Provider. Wanderu is in no way responsible for the reservation or the reserved Travel Offering as Wanderu is not involved nor has control over the data and information regarding the Travel Offering including Travel Offering description, pricing, fees, availability or terms of use nor in the actual provision of the Travel Offerings you may have reserved. If any issues or disputes in relation to you reservation may occur you agree to direct and resolve the issues or disputes directly with the Travel Provider and not with Wanderu.

You agree to use the Wanderu Services for your personal, non-commercial use. You may not use the Wanderu Service for any false, fraudulent reservations or reservations for commercial gain. You agree not to use the Wanderu Service for any purpose that is unlawful, illegal or forbidden under U.S. laws, by these Terms or by any local laws that may apply in your location.

Without prior written authorization from Wanderu, you may not: i) access the Wanderu Service or the IP with any manual or automated process for any purpose other than your personal use; use of any automated system or software to extract data from the Wanderu Services (“screen scraping”), for commercial or non-commercial purposes, is strictly prohibited, ii) bypass or attempt to circumvent any restrictions or controls to prevent or restrict access to the Wanderu Service, iii) deep-link to any portion of our website, iv) incorporate any part of the Wanderu Service and/or IP into any other website or application whether visible or not, v) use any software, hardware or combination that interferes, slows down, places a significant load on our systems or disables the Wanderu Service, vi) reproduce, duplicate, copy, sell, trade, resell or exploit the Wanderu Service, vii) use any service of the Wanderu Service for any purpose that is unlawful, harmful, or in any way objectionable or inappropriate as determined by Wanderu, viii) post or distribute any content on the Wanderu Service that violates the rights of any third party or applicable law, ix) use Our Website to collect or store personal information about others, x) use the Wanderu Service for any commercial purpose unless you’ve received express written permission from Wanderu, xi) transmit any ad or promotional content on the Wanderu Service; or

Wanderu may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any section of the Wanderu Service.

Any use of the Wanderu Service by travel agents, resellers or travel searches, for any purpose other than selecting and completing a reservation through the use of the Wanderu Service is strictly prohibited.

Intellectual Property

We, our affiliates, providers, vendors (“Third Parties”) and other licensors own the Wanderu Service along with all of the text, images, software, service marks, trademarks and other contents of the Wanderu Service (“IP”). You agree not to copy, transmit or create derivatives of any of the IP, except for personal, non-commercial use on your computer or mobile device. WANDERU, the WANDERU logo, WANDERU.com, WANDERU SEARCH, the WANDERU icon logo are trademarks or registered trademarks of Wanderu Inc. Other content, products, services, or commercial marks displayed throughout the Wanderu Service are the property of our affiliated Third Parties and other licensors. By accessing the Wanderu Service you are not granted any license or right to use any of the marks or content contained in the Wanderu Service.

Privacy Policy

The use of the Wanderu Service is subject to our Privacy Policy. Through your use of the Wanderu Service you consent to the use of your information as set forth in our Privacy Policy.

Disclaimer of Warranties

You understand and agree that the Wanderu Service is provided “AS-IS” and we expressly disclaim all warranties of quality, completeness, accuracy, availability, security or performance. We do not guarantee the information we display, including but not limited to the schedules, times, durations, prices, availability, quality, travel provider information or any information provided by customer service.

Limitation of Liabilities

Wanderu, Inc and our officers, directors, employees, representatives, and Third Parties to the extent permitted by law hereby expressly exclude any responsibility and liability for any damages to your property from accessing the Wanderu Service or transmitting any content of the Wanderu Service, or any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages (including without limitation lost profits or lost savings), of any kind whether based in contract, tort, strict liability or otherwise, that are in any way associated with the use of the Wanderu Service, any failure, inaccessibility or interruption or the performance or nonperformance by Wanderu or any Travel Provider, vendor or affiliate, even if Wanderu has been advised of the possibility of damages to such parties or any other party. The limitations may not apply or apply partially to you as some states or countries do not allow the limitation of liability.

Subject to these Terms, you agree to defend, indemnify and hold Wanderu, the Third Parties, and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal or accounting fees, arising out of, or connected in any way to your use of the Wanderu Service, access to the IP, your breach of these Terms or the agreements incorporated in these Terms by reference.

Third Party Content and Services

The Wanderu Service offers links and content offered by the Third Parties, it does not suggest or constitute sponsorship or recommendation of the Third Parties or their services. Wanderu is not responsible and has no control over the accuracy, quality or comprehensiveness of the content provided by the Third Parties. Wanderu is not responsible for your dealings with the Third Parties and you shall do so at your own risk. You shall hold Wanderu harmless of any liability arising from acts, omissions, errors, representations, warranties, breaches or negligence of the Third Parties or for any personal injuries, death, property or other damages and/or expenses associated with your dealings with the Third Parties.

The Wanderu Service may contain links to third party websites and other content. We do not have control over the destinations of these links, we do not endorse their contents and are not responsible for their actions or quality. Each website shall be governed by their own terms and conditions of service, privacy policies and other rules or restrictions.

The Wanderu Service offers routed, multi-legged or travel itineraries otherwise served in combination by two or more Travel Providers and will require the reservation of two or more tickets. Each of the reserved tickets will be governed by the reservation terms and conditions imposed by the associated Third Party. Because prices and availability can change rapidly, please ensure that all tickets are available before you proceed with your reservation. Please make sure to complete the reservation of all tickets in your itinerary. Changes or cancellations of any one ticket will not affect the other tickets.

Some Wanderu service may integrate Google services and by using Wanderu you agree to be bound by Google’s Terms of Service.

Miscellaneous

From time to time we may modify these Terms and will post notice of the modifications through the Wanderu Service. These changes do not affect rights and obligations that arose prior to such changes. Your continued use of the Wanderu Service subsequent the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for modifications. If you object to any provision of these Terms or any subsequent modifications of these Terms or in the future are unsatisfied with the Wanderu Services in any way, your only recourse is to immediately terminate use of the Wanderu Services.

If we fail to act with respect to your breach or any other parties’ breach of any part of these Terms we are not waiving our right to act with respect to similar or subsequent breaches. The Terms together with any other agreements incorporated herein through reference constitute the entire agreement between you and Wanderu regarding your use of the Wanderu Service and replace any prior understanding or agreements associated with the you use of the Wanderu Service. If a court finds any of the Terms to be unenforceable, that clause will remain in effect to the full extent permitted by law and all other Terms will remain valid and in full effect. The laws of the State of Delaware govern these Terms. You agree that any legal action arising from your use of the Wanderu Service or these Terms will be filed only in the state and federal courts of Suffolk County, Massachusetts, USA. In any action initiated by you or by us, the prevailing party shall be entitled to recover all legal expenses, including all reasonable attorney fees, incurred in connection with the action.

Contact Us

We would love to hear from you regarding any questions, comments or suggestions. Please direct them through email to [email protected]. You are responsible for any material you submit, including its accuracy, originality, and intellectual property protection. Do not share trade secrets or other confidential. Any and all rights to content submitted to us become the exclusive and sole property of Wanderu. By submitting Feedback you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise. If you have any legal concerns or you believe that any content that is part of the Wanderu Service infringes upon any copyright that you are an owner, assignee or in control of please contact us at [email protected].

You acknowledge that you have read and understood these Terms.