Wunder Mobile Application End-User Licence Agreement

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP

This end-user licence agreement (“EULA”) is a legal agreement between you (“you”) and Kindr International Ltd (company number 12983265) based at Unit 1, Marlow Workshops Arnold Circus, Shoreditch, London, England, E2 7JN (“us” or “we”) for:

  • Wunder version [1.0] mobile application software, the data supplied with the software, and any updates or supplements to it (including the web platform accessed via our website at https://wunderworld.io/ – the “Platform”) (together the “App”);
  • Any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the App (together the “Content”); and
  • the service you connect to via the App and the content we provide to you through it (each a “Service”, together the “Services”).

We license use of the App, Content and Services to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose website or app (“Appstore”) you downloaded the App (“Appstore Rules”), we do not sell the App to you. We remain the owners of the App at all times.

BY CLICKING THE “ACCEPT” BUTTON WHEN REGISTERING FOR AN ACCOUNT YOU AGREE TO THE TERMS OF THIS EULA AND OUR PRIVACY POLICY.

IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST DELETE THE APP FROM YOUR MOBILE DEVICE (IF ACESSING VIA THE MOBILE APPLICATION) OR YOU MUST NOT USE OR ATTEMPT TO USE THE APP (IF ACCESSING THE APP VIA THE PLATFORM).

  • The terms of this EULA
  • The terms of this EULA apply to the App, Content and Services, including any updates or supplements to them, unless such updates or supplements come with separate terms, in which case those terms apply.
  • We may change the terms of this EULA at any time by notifying you of the change when you next use the App. You will be required to read and accept them to continue your use of the App, Content and Services.
  • From time to time, we may update the App. You may not use the App, Content or Services until you have downloaded or streamed the latest version of the App and accepted any new terms which may accompany that latest version.
  • You are assumed to have obtained permission from the owners of the mobile telephone or electronic devices that are controlled, but not owned, by you and described in clause 4.2 (“Devices”) to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
  • By using the App, Content and/or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide Services to you.
  • In order to access and use all of the App, Content and Services, you must register for an account as set out in clause 3.
  • Your privacy
  • Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy, and it is important that you read that information.
  • Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App, the Content, or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
  • The App and Services will make use of location data sent from the Devices. You consent to our and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services.
  • Your account
  • You must be 13 or over to register for an account.
  • You must register for an account in order to access and use all of the App, Content and Services.
  • We must verify your identity in order for you to access and use some of the Services. You will receive instructions on how to do this when you register for an account. If you do not verify your identity when registering for your account, you will have limited functionality in your use of the App and your ability to interact with the Content. You can verify your identity at any point by following the instructions within the App.
  • You must have an account and we must have verified your ID before you may make any in-app purchases (including topping up your Wunder Wallet with Wunder Coins). In-app purchases are subject to our Wunder Coins Terms and Conditions.
  • To register for an account, please follow the instructions when you access the App which will guide you through the account opening process. To register, you will need to supply us with your name, address, email address, a password and possibly some other personal information. You will also be asked if you wish to sign up to our newsletter. See our Privacy Policy for more details about this. By registering for an account, you warrant that you are at least 13 years of age.
  • If you already have an account, you may log in and change the details that we hold about you in your account.
  • You must register an account using a valid email address that you access regularly, so that we can send administration and information emails to you. If you register an account with another person’s email address or with a temporary email address, we may close your account without notifying you. We may also require you to verify your email address during the account registration process or at any time if we believe your account is registered with an invalid email address.
  • We reserve the right to reject registration of an account and to refuse use of or access to the App, Services and Content to anyone for any reason at our absolute discretion.
  • When you register for an Account, you will be asked to create a password to access your account. You must keep the password confidential and immediately notify us if there is any unauthorised use of your email address or your account or any breach of security otherwise known to you. You acknowledge that any person to whom your password is disclosed is authorised to act as your agent for the purposes of using the App, Services and Content.
  • You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should inform us immediately if you believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner.
  • We reserve the right to refuse you access to the App, the Content or the Services or to terminate your account if your behaviour gives us justified reason to do so (including if you repeatedly breach our Content Standards). For example, we may exercise this right if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which can all be accessed via the App.
  • The licence
  • In return for you agreeing to comply with the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices for its intended purpose in respect of supporting, promoting, endorsing and/or making donations to charities and fundraising initiatives by other App users, subject to the terms of this EULA as updated from time to time, the Privacy Policy and the Appstore Rules, which are incorporated into this EULA by reference. We reserve all other rights.
  • You may download or stream a copy of the App onto Android, iOS and Windows based devices (“Devices”) and view, use and display the App on the Devices.
  • Licence restrictions
  • You agree that you will:
    • except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
    • not copy the App, Content or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
    • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Platform or Service nor permit the App, Content or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
    • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
    • is not used to create any software that is substantially similar in its expression to the App
    • is kept secure; and
    • is used only for the Permitted Objective; and
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
  • Acceptable Use Restrictions
  • You must:
    • comply with our Content Standards;
    • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
    • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
    • not transmit any material that is defamatory, untrue, misleading, offensive or otherwise objectionable in relation to your use of the App or any Service;
    • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
    • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
  • Uploading content to the App
  • Whenever you make use of a feature that allows you to upload content to the App, or to make contact with other users, you must comply with the Content Standards, as may be updated from time to time.
  • You warrant that any such contribution you make will comply with the Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
  • If you upload or share content that is in breach of these terms or the Content Standards we may remove or block that content. We will contact you and let you know whether you have any options to request that we review the content.
  • Any content you upload to the App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the App a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in clause 7.4.
  • When you upload or post content to the App, you grant us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content.
  • User-generated content
  • The App, Services and Content includes information, images and content uploaded by other users (“User-Generated Content”). User-Generated Content has not been verified or approved by us. The views expressed by other uses in the App do not represent our views or values.
  • If you wish to complain about any User-Generated Content, please following the instructions on the App which guide you through how to do this.
  • We are not responsible for viruses and you must not introduce them
  • We do not guarantee that the App will be secure or free from bugs or viruses. However, we will issue updates to minimise any disruption causes by any such bugs or viruses.
  • You are responsible for configuring your information technology, operating systems, computer programmes and platform to access our site. You should use your own virus protection software.
  • You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App, Services and Content will cease immediately.
  • You may not transfer the App to someone else
  • We are giving you personally the right to use the App and the Service as set out in these terms. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
  • Support for the App and how to tell us about problems
  • Support. If you want to learn more about the App or the Services, or have any problems using them, please take a look at the support resources available on the App or contact us through the App.
  • Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed, or you wish to contact us for any other reason please do so via the functionality available through the App.
  • How we will communicate with you. If we have to contact you, we will do so by email, by SMS or by pre-paid post, using the contact details you provide to us via the App when you register an account or contact us.
  • Advertising and third-party content
  • We do not charge you for accessing and using the App. In consideration for us granting you access to and use of the App, Services and Content, you acknowledge and accept that we and trusted third parties may show you advertising in the App, Services and Content. We may use your personal data to show you advertising that is relevant to you.
  • The App or any Service may contain links to other independent websites, which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
  • Intellectual property rights
  • You acknowledge that:
    • all intellectual property rights in the App, Content and Services throughout the world belong to us (or our licensors);
    • rights in the App, Content and Services are licensed (not sold) to you; and
    • you have no rights in, or to, the App, Content and Services other than the right to use each of them in accordance with the terms of this EULA.
  • You acknowledge that you have no right to have access to the App in source-code form.
  • Our responsibility for loss or damage suffered by you
  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.
  • Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
  • Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
  • Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the app-store site and in the Content) meet your requirements.
  • We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
  • Please note that we only provide our App for domestic and private use. You agree not to use our App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
  • When we are liable for damage to your property. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or failing to have in place the minimum system requirements advised by us.
  • We may end your rights to use the App and the Services if you break these terms
  • We may end your rights to use the App and the Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
  • If we end your rights to use the App and the Services:
    • You must stop all activities authorised by these terms, including your use of the App and any Services.
    • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
    • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
  • We may transfer this agreement to someone else
  • We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
  • You need our consent to transfer your rights to someone else
  • You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
  • No rights for third parties
  • This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
  • If a court finds part of this contract illegal, the rest will continue in force
  • Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if we delay in enforcing this contract, we can still enforce it later
  • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
  • Which laws apply to this contract and where you may bring legal proceedings
  • These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.