TERMS OF SERVICE
Last Updated: March 31, 2018
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the WiGo, LLC Platform, you agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the website.
These Terms of Service, together with any document they expressly incorporate by reference (collectively, these "Terms"), govern your access to and use of WiGoTrips.com including any content, functionality and services offered on or through WiGoTrips.com (the "Website").
Welcome to WiGo Trips!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and WiGo, LLC ("Company", "we", "us", "our", "WiGo") governing your access to and use of the WiGo website, including any subdomains thereof, and any other websites through which WiGo makes the WiGo Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "WiGo Services"). The Site, Application and WiGo Services together are hereinafter collectively referred to as the “WiGo Platform”.
This Website is offered and available to users who are 18 years of age or older and reside in any market in which WiGo, LLC does business. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Any and all payment processing service through or in connection with your use of the WiGo Platform ("Payment Services") are provided to you by one or more WiGo Payment entities (individually and collectively "WiGo Payments").
Platform members alone are responsible for identifying, understanding and complying with all law, rules, and regulations that apply to their Listings and Travel Services. Penalties may include fines or other enforcement. We provide some information to help you identify some of the obligations that apply to you. If you have any questions about how local law applies to your Listing(s) and Travel Service(s) on WiGo, you should always seek legal guidance.
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the WiGo, LLC Platform, you agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the website.
These Terms of Service, together with any document they expressly incorporate by reference (collectively, these "Terms"), govern your access to and use of WiGoTrips.com including any content, functionality and services offered on or through WiGoTrips.com (the "Website").
Welcome to WiGo Trips!
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and WiGo, LLC ("Company", "we", "us", "our", "WiGo") governing your access to and use of the WiGo website, including any subdomains thereof, and any other websites through which WiGo makes the WiGo Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "WiGo Services"). The Site, Application and WiGo Services together are hereinafter collectively referred to as the “WiGo Platform”.
This Website is offered and available to users who are 18 years of age or older and reside in any market in which WiGo, LLC does business. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Any and all payment processing service through or in connection with your use of the WiGo Platform ("Payment Services") are provided to you by one or more WiGo Payment entities (individually and collectively "WiGo Payments").
Platform members alone are responsible for identifying, understanding and complying with all law, rules, and regulations that apply to their Listings and Travel Services. Penalties may include fines or other enforcement. We provide some information to help you identify some of the obligations that apply to you. If you have any questions about how local law applies to your Listing(s) and Travel Service(s) on WiGo, you should always seek legal guidance.
1. Scope of WiGo Services
1.1 The WiGo Platform is an online marketplace that enables registered users ("Members”) and certain third parties who offer services (Members and third parties who offer services are “Organizers” and the services they offer are “Travel Services”) to publish such Travel Services on the WiGo Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Travel Services (Members using Travel Services are “Participants”). Travel Services may include the offering of vacations ("Trips"), properties for use ("Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the WiGo Platform, WiGo does not does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Travel Service. Organizers alone are responsible for their Listings and Travel Services. When a Member makes or accepts a booking, they are entering into a contract directly with each other. WiGo is not and does not become a party to or other participant in any contractual relationship between Members, nor is WiGo a travel agency, real estate broker, or insurer. WiGo is not acting as an agent in any capacity for any Member, except as specified in the Payment Terms.
1.3 If you choose to use the WiGo Platform as a Trip Organizer, your relationship with WiGo is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of WiGo for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of WiGo.
1.4 To promote the WiGo Platform and to increase the exposure of Listings to potential Participants, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. WiGo cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The WiGo Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
1.5 The WiGo Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. WiGo is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by WiGo of such Third-Party Services.
1.6 Due to the nature of the Internet, WiGo cannot guarantee the continuous and uninterrupted availability and accessibility of the WiGo Platform. WiGo may restrict the availability of the WiGo 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 carry out maintenance measures that ensure the proper or improved functioning of the WiGo Platform. WiGo may improve, enhance and modify the WiGo Platform and introduce new WiGo Services from time to time.
2. Eligibility
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the WiGo Platform. By accessing or using the WiGo Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
3. Using the WiGo Platform
3.1 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Travel Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
3.1 WiGo may make the access to and use of the WiGo Platform, or certain areas or features of the WiGo Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
3.2 The access to or use of certain areas and features of the WiGo Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the WiGo Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
4. Disputes Between Members
4.1 While we may help facilitate the resolution of disputes, WiGo has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Travel Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. WiGo does not endorse any Member, Listing or Travel Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by WiGo about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to book a Trip, stay in an Accommodation, participate in an Experience or Event or use other Travel Services, accept a booking request from a Participant, or communicate and interact with other Members, whether online or in person.
5. Member Verification
5.1 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
6. Changes to the Terms
6.1 WiGo reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the WiGo Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective.
6.2 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 before the date the revised Terms become effective, your continued access to or use of the WiGo Platform will constitute acceptance of the revised Terms.
7. Account Registration
7.1 You must register an account ("WiGo Account") to access and use certain features of the WiGo Platform, such as publishing or booking a Listing. If you are registering a WiGo Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
7.2 You can register a WiGo Account using an email address and creating a password.
7.3 You must provide accurate, current and complete information during the registration process and keep your WiGo Account information up-to-date at all times.
7.4 You may not register more than one (1) WiGo Account unless WiGo authorizes you to do so. You may not assign or otherwise transfer your WiGo Account to another party unless WiGo authorizes you to do so.
7.5 You are responsible for maintaining the confidentiality and security of your WiGo Account credentials and may not disclose your credentials to any third party. You must immediately notify WiGo if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your WiGo Account. You are liable for any and all activities conducted through your WiGo Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
7.6 WiGo may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your WiGo Account. These features do not require that you share your credentials with any other person. No third party is authorized by WiGo to ask for your credentials, and you shall not request the credentials of another Member.
8. Content
8. WiGo may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the WiGo Platform ("Member Content"); and (ii) access and view Member Content and any content that WiGo itself makes available on or through the WiGo Platform, including proprietary WiGo content and any content licensed or authorized for use by or through WiGo from a third party ("WiGo Content" and together with Member Content, "Collective Content").
8.2 The WiGo Platform, WiGo Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the WiGo Platform and WiGo Content, including all associated intellectual property rights, are the exclusive property of WiGo and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WiGo Platform, WiGo Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of WiGo used on or in connection with the WiGo Platform and WiGo Content are trademarks or registered trademarks of WiGo in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the WiGo Platform, WiGo Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
8.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the WiGo Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WiGo or its licensors, except for the licenses and rights expressly granted in these Terms.
8.4 Subject to your compliance with these Terms, WiGo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the WiGo Platform and accessible to you, solely for your personal and non-commercial use.
8.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the WiGo Platform, you grant to WiGo a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the WiGo Platform, in any media or platform. Unless you provide specific consent, WiGo does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
8.6 WiGo may offer Organizers the option of having professional photographers take photographs of their Travel Services, which are made available by the photographer to Organizers to include in their Listings with or without a watermark or tag bearing the words "WiGo Verified Photo" or similar wording ("Verified Images").
8.7 You are responsible for ensuring that your Travel Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the WiGo Platform if they do not accurately represent your Listing. You acknowledge and agree that WiGo shall have the right to use any WiGo Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where WiGo is not the exclusive owner of Verified Images, by using such Verified Images on or through the WiGo Platform, you grant to WiGo an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. WiGo in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the WiGo Platform solely for your personal and non-commercial use.
8.8 You are solely responsible for all Member Content that you make available on or through the WiGo Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the WiGo Platform or you have all rights, licenses, consents and releases that are necessary to grant to WiGo the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or WiGo's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a 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.
8.9 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other WiGo policy. WiGo may, without prior notice, remove or disable access to any Member Content that WiGo finds to be in violation of these Terms.
8.10 WiGo respects copyright law and expects its Members to do the same. If you believe that any content on the WiGo Platform infringes copyrights you own, please notify us.
9. Service Fees
9.1 WiGo may charge Booking Fees to Participants ("Booking Fees”), Subscription Fees to Businesses (“Subscription Fees”), Affiliate Fees to Partnerships (“Affiliate Fees”), and/or Organizers ("Organizer Fees") (collectively, "Service Fees") in consideration for the use of the WiGo Platform.
9.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to an Organizeror Participant prior to publishing or booking a Listing. WiGo reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
9.3 You are responsible for paying any Service Fees that you owe to WiGo. Except as otherwise provided on the WiGo Platform, Service Fees are non-refundable.
7. Terms applicable to Listings
7.1 When listing an Trip, Experience, Event or other Travel Service you must, where applicable, fully educate and inform Participants about (i) any risks inherent to the Trip, Experience, Event or other Travel Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Trip, Experience, Event or other Travel Service (including dress codes, equipment, special certifications or licenses, etc.).
7.2 You represent and warrant that any Listing you post does (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Organizer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Participant (and the individuals the Participant invites to the Accommodation, if applicable).
7.3 If you wish to list an Experience on behalf of a Nonprofit (“Social Impact Experience”), you must comply with the Nonprofit requirements for hosting a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with WiGo and WiGo is not a professional fundraiser or commercial participator. Nonprofits, and not WiGo, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Participants charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience.
7.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Trip, Experience, Event or other Travel Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Trip, Experience, Event or other Travel Service(s).
7.5 You must provide a Trip, Experience, Event or other Travel Service in person and may not allow any third party to provide the Trip, Experience, Event or other Travel Service on your behalf, unless authorized by WiGo.
7.6 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Participant requests a booking of your Listing, you may not request that the Participant pays a higher price than in the booking request.
7.7 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
7.8 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Travel Services. WiGo reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.9 The placement and ranking of Listings in search results on the WiGo Platform may vary and depend on a variety.
7.10 When you accept or have pre-approved a booking request by a Participant, you are entering into a legally binding agreement with the Participant and are required to provide your Travel Service(s) to the Participant as described in your Listing when the booking request is made. You also agree to pay any applicable Fees and Taxes.
7.11 WiGo recommends that all Members obtain appropriate insurance.
7.12 To list a Trip, Experience, Event or other Travel Service, you must create a Listing and submit the Experience, Event or Travel Service to WiGo.
7.13 WiGo reserves the right to decide, in its sole discretion, if a submitted Trip, Experience, Event or other Travel Service will be published on the WiGo Platform.
8. Booking Trips, Experiences, Events and other Travel Services
8.1 Subject to meeting any requirements (such as completing any verification processes) set by the Organizer, you can book a Listing available on the WiGo Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Booking Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your WiGo Account.
8.42 You should carefully review the description of any Trip, Experience, Event or other Travel Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Organizer has specified in their Listing. You are required to inform the Organizer of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Trip, Experience, Event or other Travel Service. In addition, certain laws, like the minimum legal drinking age in the location of the Trip, Experience, Event or other Travel Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Trip, Experience, Event or other Travel Service.
8.3 Upon receipt of a booking confirmation from WiGo, a legally binding agreement is formed between you and your Organizer, subject to any additional terms and conditions of the Organizer that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. WiGo Payments will collect the Total Fees at the time of the booking request.
8.4 If you book a Travel Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Organizer, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Organizer. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Trip, Experience, Event or other Travel Service if accompanied by an adult who is responsible for them, and if allowed by the Organizer.
8.5 Before and during an Trip, Experience, Event or other Travel Service you must at all times adhere to the Organizers’ instructions.
8.6You may not bring any additional individuals to an Trip, Experience, Event or other Travel Service unless such an individual was added by you as an additional guest during the booking process on the WiGo Platform.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Organizers and Participants are responsible for any modifications to a booking that they make via the WiGo Platform or direct WiGo customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Organizer Fees or Bookings and/or Taxes associated with such Booking Modifications.
9.2 Participants can cancel a confirmed booking up to 30 days in advance or up to the time specified by the Organizer.
9.3 If an Organizer cancels a confirmed booking, the Participant will receive a full refund of the Total Fees for such booking and WiGo may publish an automated review on the Listing cancelled by the Organizer indicating that a booking was cancelled. In addition, WiGo may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Organizer has a valid reason for cancelling the booking.
9.4 For Experiences, Events and other Travel Services, if inclement weather creates an unsafe or uncomfortable scenario for Participants, Organizers may modify or cancel a Travel Service. If there is a substantial change in the itinerary or the Travel Service needs to be cancelled, WiGo will work with the Organizer to provide Participants an alternative date for the Travel Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, WiGo may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions.
9.6 If a Participant suffers a Travel Issue, WiGo may determine, in its sole discretion, to refund the Participant part or all of the Total Fees in accordance with the Participant Refund Policy.
13. Taxes
13.1 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Listing takes place may require Taxes to be collected from Participants or Organizers on Listing Fees, and to be remitted to the respective Tax Authority.
13.2 WiGo reserves the right, with prior notice to Organizers, to cease the Collection and Remittance in any jurisdiction for any reason at which point Organizers and Participants are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
14. Prohibited Use
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the WiGo Platform. In connection with your use of the WiGo Platform, you will not and will not assist or enable others to:
• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies, or Standards;
• use the WiGo Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies WiGo endorsement, partnership or otherwise misleads others as to your affiliation with WiGo;
• copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the WiGo Platform in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Members or third parties;
• use the WiGo Platform in connection with the distribution of unsolicited commercial messages ("spam");
• offer, as a Organizer, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the WiGo Platform;
• unless WiGo explicitly permits otherwise, you will not post any Listing you will not actually be on yourself;
• unless WiGo explicitly permits otherwise, you will not book any Listing if you will not actually be using the Travel Services yourself;
• use the WiGo Platform to request, make or accept a booking independent of the WiGo Platform, to circumvent any Service Fees or for any other reason;
• request, accept or make any payment for Listing Fees outside of the WiGo Platform or WiGo Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold WiGo harmless from any liability for such payment;
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
• use, display, mirror or frame the WiGo Platform or Collective Content, or any individual element within the WiGo Platform, WiGo's name, any WiGo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the WiGo Platform, without WiGo's express written consent;
• dilute, tarnish or otherwise harm the WiGo brand in any way, including through unauthorized use of Collective Content, registering and/or using WiGo or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to WiGo domains, trademarks, taglines, promotional campaigns or Collective Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the WiGo Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by WiGo or any of WiGo's providers or any other third party to protect the WiGo Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the WiGo Platform;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the WiGo Platform;
• export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that WiGo has no obligation to monitor the access to or use of the WiGo Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the WiGo Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist WiGo in good faith, and to provide WiGo with such information and take such actions as may be reasonably requested by WiGo with respect to any investigation undertaken by WiGo or a representative of WiGo regarding the use or abuse of the WiGo Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to WiGo by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or WiGo terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your WiGo Account as a Organizer, any confirmed booking(s) will be automatically cancelled and your Participants will receive a full refund. If you cancel your WiGo Account as a Participant, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, WiGo may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 WiGo may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, Policies, or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) WiGo believes in good faith that such action is reasonably necessary to protect the personal safety or property of WiGo, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 When this Agreement has been terminated, you are not entitled to a restoration of your WiGo Account or any of your Member Content. If your access to or use of the WiGo Platform has been limited or your WiGo Account has been suspended or this Agreement has been terminated by us, you may not register a new WiGo Account or access and use the WiGo Platform through a WiGo Account of another Member.
16. Disclaimers
16.1 If you choose to use the WiGo Platform or Collective Content, you do so voluntarily and at your sole risk. The WiGo Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
16.2 You agree that you have had whatever opportunity you deem necessary to investigate the WiGo Services, laws, rules, or regulations that may be applicable to your Listings and/or Travel Services you are receiving and that you are not relying upon any statement of law or fact made by WiGo relating to a Listing.
16.3 If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
16.4 You agree that some Trips, Experiences, Events or other Travel Services may carry inherent risk, and by participating in those Travel Services, you choose to assume those risks voluntarily. For example, some Travel Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Travel Services. You assume full responsibility for the choices you make before, during and after your participation in a Travel Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Travel Service and to the maximum extent permitted by law, you agree to release and hold harmless WiGo from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Travel Service or in any way related to your Travel Service.
16.5 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17. Liability
17.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the WiGo Platform and Collective Content, your publishing or booking of any Listing via the WiGo Platform, your stay at any Accommodation, participation in any Tip, Experience, or Event or use of any other Travel Service or any other interaction you have with other Members whether in person or online remains with you.
18. Indemnification
18.1 You agree to release, defend (at WiGo’s option), indemnify, and hold WiGo 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, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the WiGo Platform or any WiGo Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Trip, Experience, Event or other Travel Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against WiGo in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. WiGo is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with WiGo’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19). Specifically, the process provides:
• Claims can be filed with AAA online (www.adr.org);
• Arbitrators must be neutral and no party may unilaterally select an arbitrator;
• Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
• Parties retain the right to seek relief in small claims court for certain claims, at their option;
• The initial filing fee for the consumer is capped at $200;
• The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
• The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and WiGo each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact WiGo’s customer service team by emailing DisputeResolution@WiGoTrips.com. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate. You and WiGo mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the WiGo Platform, the Travel Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and WiGo agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and WiGo each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
19.7 Modification of AAA Rules - Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, WiGo agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
19.8 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.9 Jury Trial Waiver. You and WiGo acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.10 No Class Actions or Representative Proceedings. You and WiGo acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and WiGo both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
19.11 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.12 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if WiGo changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of WiGo’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and WiGo in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
19.13 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the WiGo Platform or terminate your WiGo Account.
20. Applicable Law and Jurisdiction
20.1 All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction).
20.2 Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kansas in each case located in the City of Olathe and County of Johnson although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. General Provisions
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between WiGo and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between WiGo and you in relation to the access to and use of the WiGo Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and WiGo as a result of this Agreement or your use of the WiGo Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 WiGo’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless 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.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without WiGo's prior written consent. WiGo may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by WiGo via email, WiGo Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which WiGo transmits the notice.
22. Feedback
23.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the WiGo Platform (“Feedback“). You may submit Feedback by emailing us at Feedback@WiGoTrips.com. Any Feedback you submit to us will be considered 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 and publish those ideas and materials for any purpose, without compensation to you.
23.2 If you have any questions about these Terms please email us at Terms@WiGoTrips.com
1.1 The WiGo Platform is an online marketplace that enables registered users ("Members”) and certain third parties who offer services (Members and third parties who offer services are “Organizers” and the services they offer are “Travel Services”) to publish such Travel Services on the WiGo Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Travel Services (Members using Travel Services are “Participants”). Travel Services may include the offering of vacations ("Trips"), properties for use ("Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the WiGo Platform, WiGo does not does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Travel Service. Organizers alone are responsible for their Listings and Travel Services. When a Member makes or accepts a booking, they are entering into a contract directly with each other. WiGo is not and does not become a party to or other participant in any contractual relationship between Members, nor is WiGo a travel agency, real estate broker, or insurer. WiGo is not acting as an agent in any capacity for any Member, except as specified in the Payment Terms.
1.3 If you choose to use the WiGo Platform as a Trip Organizer, your relationship with WiGo is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of WiGo for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of WiGo.
1.4 To promote the WiGo Platform and to increase the exposure of Listings to potential Participants, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. WiGo cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The WiGo Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
1.5 The WiGo Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. WiGo is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by WiGo of such Third-Party Services.
1.6 Due to the nature of the Internet, WiGo cannot guarantee the continuous and uninterrupted availability and accessibility of the WiGo Platform. WiGo may restrict the availability of the WiGo 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 carry out maintenance measures that ensure the proper or improved functioning of the WiGo Platform. WiGo may improve, enhance and modify the WiGo Platform and introduce new WiGo Services from time to time.
2. Eligibility
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the WiGo Platform. By accessing or using the WiGo Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
3. Using the WiGo Platform
3.1 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Travel Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
3.1 WiGo may make the access to and use of the WiGo Platform, or certain areas or features of the WiGo Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
3.2 The access to or use of certain areas and features of the WiGo Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the WiGo Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
4. Disputes Between Members
4.1 While we may help facilitate the resolution of disputes, WiGo has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Travel Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. WiGo does not endorse any Member, Listing or Travel Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by WiGo about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to book a Trip, stay in an Accommodation, participate in an Experience or Event or use other Travel Services, accept a booking request from a Participant, or communicate and interact with other Members, whether online or in person.
5. Member Verification
5.1 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
6. Changes to the Terms
6.1 WiGo reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the WiGo Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective.
6.2 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 before the date the revised Terms become effective, your continued access to or use of the WiGo Platform will constitute acceptance of the revised Terms.
7. Account Registration
7.1 You must register an account ("WiGo Account") to access and use certain features of the WiGo Platform, such as publishing or booking a Listing. If you are registering a WiGo Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
7.2 You can register a WiGo Account using an email address and creating a password.
7.3 You must provide accurate, current and complete information during the registration process and keep your WiGo Account information up-to-date at all times.
7.4 You may not register more than one (1) WiGo Account unless WiGo authorizes you to do so. You may not assign or otherwise transfer your WiGo Account to another party unless WiGo authorizes you to do so.
7.5 You are responsible for maintaining the confidentiality and security of your WiGo Account credentials and may not disclose your credentials to any third party. You must immediately notify WiGo if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your WiGo Account. You are liable for any and all activities conducted through your WiGo Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
7.6 WiGo may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your WiGo Account. These features do not require that you share your credentials with any other person. No third party is authorized by WiGo to ask for your credentials, and you shall not request the credentials of another Member.
8. Content
8. WiGo may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the WiGo Platform ("Member Content"); and (ii) access and view Member Content and any content that WiGo itself makes available on or through the WiGo Platform, including proprietary WiGo content and any content licensed or authorized for use by or through WiGo from a third party ("WiGo Content" and together with Member Content, "Collective Content").
8.2 The WiGo Platform, WiGo Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the WiGo Platform and WiGo Content, including all associated intellectual property rights, are the exclusive property of WiGo and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WiGo Platform, WiGo Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of WiGo used on or in connection with the WiGo Platform and WiGo Content are trademarks or registered trademarks of WiGo in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the WiGo Platform, WiGo Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
8.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the WiGo Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WiGo or its licensors, except for the licenses and rights expressly granted in these Terms.
8.4 Subject to your compliance with these Terms, WiGo grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the WiGo Platform and accessible to you, solely for your personal and non-commercial use.
8.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the WiGo Platform, you grant to WiGo a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the WiGo Platform, in any media or platform. Unless you provide specific consent, WiGo does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
8.6 WiGo may offer Organizers the option of having professional photographers take photographs of their Travel Services, which are made available by the photographer to Organizers to include in their Listings with or without a watermark or tag bearing the words "WiGo Verified Photo" or similar wording ("Verified Images").
8.7 You are responsible for ensuring that your Travel Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the WiGo Platform if they do not accurately represent your Listing. You acknowledge and agree that WiGo shall have the right to use any WiGo Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where WiGo is not the exclusive owner of Verified Images, by using such Verified Images on or through the WiGo Platform, you grant to WiGo an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. WiGo in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the WiGo Platform solely for your personal and non-commercial use.
8.8 You are solely responsible for all Member Content that you make available on or through the WiGo Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the WiGo Platform or you have all rights, licenses, consents and releases that are necessary to grant to WiGo the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or WiGo's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a 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.
8.9 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other WiGo policy. WiGo may, without prior notice, remove or disable access to any Member Content that WiGo finds to be in violation of these Terms.
8.10 WiGo respects copyright law and expects its Members to do the same. If you believe that any content on the WiGo Platform infringes copyrights you own, please notify us.
9. Service Fees
9.1 WiGo may charge Booking Fees to Participants ("Booking Fees”), Subscription Fees to Businesses (“Subscription Fees”), Affiliate Fees to Partnerships (“Affiliate Fees”), and/or Organizers ("Organizer Fees") (collectively, "Service Fees") in consideration for the use of the WiGo Platform.
9.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to an Organizeror Participant prior to publishing or booking a Listing. WiGo reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
9.3 You are responsible for paying any Service Fees that you owe to WiGo. Except as otherwise provided on the WiGo Platform, Service Fees are non-refundable.
7. Terms applicable to Listings
7.1 When listing an Trip, Experience, Event or other Travel Service you must, where applicable, fully educate and inform Participants about (i) any risks inherent to the Trip, Experience, Event or other Travel Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Trip, Experience, Event or other Travel Service (including dress codes, equipment, special certifications or licenses, etc.).
7.2 You represent and warrant that any Listing you post does (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Organizer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Participant (and the individuals the Participant invites to the Accommodation, if applicable).
7.3 If you wish to list an Experience on behalf of a Nonprofit (“Social Impact Experience”), you must comply with the Nonprofit requirements for hosting a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with WiGo and WiGo is not a professional fundraiser or commercial participator. Nonprofits, and not WiGo, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Participants charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience.
7.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Trip, Experience, Event or other Travel Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Trip, Experience, Event or other Travel Service(s).
7.5 You must provide a Trip, Experience, Event or other Travel Service in person and may not allow any third party to provide the Trip, Experience, Event or other Travel Service on your behalf, unless authorized by WiGo.
7.6 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Participant requests a booking of your Listing, you may not request that the Participant pays a higher price than in the booking request.
7.7 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
7.8 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Travel Services. WiGo reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.9 The placement and ranking of Listings in search results on the WiGo Platform may vary and depend on a variety.
7.10 When you accept or have pre-approved a booking request by a Participant, you are entering into a legally binding agreement with the Participant and are required to provide your Travel Service(s) to the Participant as described in your Listing when the booking request is made. You also agree to pay any applicable Fees and Taxes.
7.11 WiGo recommends that all Members obtain appropriate insurance.
7.12 To list a Trip, Experience, Event or other Travel Service, you must create a Listing and submit the Experience, Event or Travel Service to WiGo.
7.13 WiGo reserves the right to decide, in its sole discretion, if a submitted Trip, Experience, Event or other Travel Service will be published on the WiGo Platform.
8. Booking Trips, Experiences, Events and other Travel Services
8.1 Subject to meeting any requirements (such as completing any verification processes) set by the Organizer, you can book a Listing available on the WiGo Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Booking Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your WiGo Account.
8.42 You should carefully review the description of any Trip, Experience, Event or other Travel Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Organizer has specified in their Listing. You are required to inform the Organizer of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Trip, Experience, Event or other Travel Service. In addition, certain laws, like the minimum legal drinking age in the location of the Trip, Experience, Event or other Travel Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Trip, Experience, Event or other Travel Service.
8.3 Upon receipt of a booking confirmation from WiGo, a legally binding agreement is formed between you and your Organizer, subject to any additional terms and conditions of the Organizer that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. WiGo Payments will collect the Total Fees at the time of the booking request.
8.4 If you book a Travel Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Organizer, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Organizer. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Trip, Experience, Event or other Travel Service if accompanied by an adult who is responsible for them, and if allowed by the Organizer.
8.5 Before and during an Trip, Experience, Event or other Travel Service you must at all times adhere to the Organizers’ instructions.
8.6You may not bring any additional individuals to an Trip, Experience, Event or other Travel Service unless such an individual was added by you as an additional guest during the booking process on the WiGo Platform.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Organizers and Participants are responsible for any modifications to a booking that they make via the WiGo Platform or direct WiGo customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Organizer Fees or Bookings and/or Taxes associated with such Booking Modifications.
9.2 Participants can cancel a confirmed booking up to 30 days in advance or up to the time specified by the Organizer.
9.3 If an Organizer cancels a confirmed booking, the Participant will receive a full refund of the Total Fees for such booking and WiGo may publish an automated review on the Listing cancelled by the Organizer indicating that a booking was cancelled. In addition, WiGo may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Organizer has a valid reason for cancelling the booking.
9.4 For Experiences, Events and other Travel Services, if inclement weather creates an unsafe or uncomfortable scenario for Participants, Organizers may modify or cancel a Travel Service. If there is a substantial change in the itinerary or the Travel Service needs to be cancelled, WiGo will work with the Organizer to provide Participants an alternative date for the Travel Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, WiGo may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions.
9.6 If a Participant suffers a Travel Issue, WiGo may determine, in its sole discretion, to refund the Participant part or all of the Total Fees in accordance with the Participant Refund Policy.
13. Taxes
13.1 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Listing takes place may require Taxes to be collected from Participants or Organizers on Listing Fees, and to be remitted to the respective Tax Authority.
13.2 WiGo reserves the right, with prior notice to Organizers, to cease the Collection and Remittance in any jurisdiction for any reason at which point Organizers and Participants are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
14. Prohibited Use
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the WiGo Platform. In connection with your use of the WiGo Platform, you will not and will not assist or enable others to:
• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies, or Standards;
• use the WiGo Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies WiGo endorsement, partnership or otherwise misleads others as to your affiliation with WiGo;
• copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the WiGo Platform in any way that is inconsistent with these Terms or that otherwise violates the privacy rights of Members or third parties;
• use the WiGo Platform in connection with the distribution of unsolicited commercial messages ("spam");
• offer, as a Organizer, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the WiGo Platform;
• unless WiGo explicitly permits otherwise, you will not post any Listing you will not actually be on yourself;
• unless WiGo explicitly permits otherwise, you will not book any Listing if you will not actually be using the Travel Services yourself;
• use the WiGo Platform to request, make or accept a booking independent of the WiGo Platform, to circumvent any Service Fees or for any other reason;
• request, accept or make any payment for Listing Fees outside of the WiGo Platform or WiGo Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold WiGo harmless from any liability for such payment;
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
• use, display, mirror or frame the WiGo Platform or Collective Content, or any individual element within the WiGo Platform, WiGo's name, any WiGo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the WiGo Platform, without WiGo's express written consent;
• dilute, tarnish or otherwise harm the WiGo brand in any way, including through unauthorized use of Collective Content, registering and/or using WiGo or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to WiGo domains, trademarks, taglines, promotional campaigns or Collective Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the WiGo Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by WiGo or any of WiGo's providers or any other third party to protect the WiGo Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the WiGo Platform;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the WiGo Platform;
• export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that WiGo has no obligation to monitor the access to or use of the WiGo Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the WiGo Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist WiGo in good faith, and to provide WiGo with such information and take such actions as may be reasonably requested by WiGo with respect to any investigation undertaken by WiGo or a representative of WiGo regarding the use or abuse of the WiGo Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to WiGo by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or WiGo terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your WiGo Account as a Organizer, any confirmed booking(s) will be automatically cancelled and your Participants will receive a full refund. If you cancel your WiGo Account as a Participant, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, WiGo may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 WiGo may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, Policies, or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) WiGo believes in good faith that such action is reasonably necessary to protect the personal safety or property of WiGo, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 When this Agreement has been terminated, you are not entitled to a restoration of your WiGo Account or any of your Member Content. If your access to or use of the WiGo Platform has been limited or your WiGo Account has been suspended or this Agreement has been terminated by us, you may not register a new WiGo Account or access and use the WiGo Platform through a WiGo Account of another Member.
16. Disclaimers
16.1 If you choose to use the WiGo Platform or Collective Content, you do so voluntarily and at your sole risk. The WiGo Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
16.2 You agree that you have had whatever opportunity you deem necessary to investigate the WiGo Services, laws, rules, or regulations that may be applicable to your Listings and/or Travel Services you are receiving and that you are not relying upon any statement of law or fact made by WiGo relating to a Listing.
16.3 If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
16.4 You agree that some Trips, Experiences, Events or other Travel Services may carry inherent risk, and by participating in those Travel Services, you choose to assume those risks voluntarily. For example, some Travel Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Travel Services. You assume full responsibility for the choices you make before, during and after your participation in a Travel Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Travel Service and to the maximum extent permitted by law, you agree to release and hold harmless WiGo from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Travel Service or in any way related to your Travel Service.
16.5 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17. Liability
17.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the WiGo Platform and Collective Content, your publishing or booking of any Listing via the WiGo Platform, your stay at any Accommodation, participation in any Tip, Experience, or Event or use of any other Travel Service or any other interaction you have with other Members whether in person or online remains with you.
18. Indemnification
18.1 You agree to release, defend (at WiGo’s option), indemnify, and hold WiGo 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, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the WiGo Platform or any WiGo Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Trip, Experience, Event or other Travel Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against WiGo in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. WiGo is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with WiGo’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19). Specifically, the process provides:
• Claims can be filed with AAA online (www.adr.org);
• Arbitrators must be neutral and no party may unilaterally select an arbitrator;
• Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
• Parties retain the right to seek relief in small claims court for certain claims, at their option;
• The initial filing fee for the consumer is capped at $200;
• The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
• The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and WiGo each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact WiGo’s customer service team by emailing DisputeResolution@WiGoTrips.com. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate. You and WiGo mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the WiGo Platform, the Travel Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and WiGo agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and WiGo each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
19.7 Modification of AAA Rules - Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, WiGo agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
19.8 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.9 Jury Trial Waiver. You and WiGo acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.10 No Class Actions or Representative Proceedings. You and WiGo acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and WiGo both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
19.11 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.12 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if WiGo changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of WiGo’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and WiGo in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
19.13 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the WiGo Platform or terminate your WiGo Account.
20. Applicable Law and Jurisdiction
20.1 All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction).
20.2 Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kansas in each case located in the City of Olathe and County of Johnson although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. General Provisions
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between WiGo and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between WiGo and you in relation to the access to and use of the WiGo Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and WiGo as a result of this Agreement or your use of the WiGo Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 WiGo’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless 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.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without WiGo's prior written consent. WiGo may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by WiGo via email, WiGo Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which WiGo transmits the notice.
22. Feedback
23.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the WiGo Platform (“Feedback“). You may submit Feedback by emailing us at Feedback@WiGoTrips.com. Any Feedback you submit to us will be considered 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 and publish those ideas and materials for any purpose, without compensation to you.
23.2 If you have any questions about these Terms please email us at Terms@WiGoTrips.com
