Terms of Use
Last updated: February 27, 2024
Please read these Terms of Use carefully before accessing or using any part of our platform or services. By accessing or using our services, you confirm that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree to these terms, you must not use our services.
1. Definitions
Throughout these Terms of Use, the following definitions apply:
- Service refers to the platform, website, tools, and any related features made available by Wonder-escape.
- User refers to any individual or entity that accesses or uses the Service.
- Account refers to the registered profile created by a User to access certain features of the Service.
- Content refers to any text, documents, files, data, or other materials submitted, uploaded, or processed through the Service.
- We, us, or our refers to Wonder-escape, the operator of the Service.
2. Eligibility
By using the Service, you represent and warrant that:
- You are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater.
- You have the legal authority to enter into a binding agreement.
- Your use of the Service does not violate any applicable laws or regulations.
- If you are using the Service on behalf of an organisation, you have the authority to bind that organisation to these Terms of Use.
3. Account Registration and Security
3.1 Account Creation
Certain features of the Service require you to create an Account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the accuracy of your Account information and updating it as necessary.
3.2 Account Responsibility
You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify us immediately at info@wonder-escape.com if you suspect any unauthorised access to or use of your Account. We are not liable for any loss or damage arising from your failure to safeguard your credentials.
3.3 Account Termination by User
You may close your Account at any time by contacting us through the details provided on our platform. Closing your Account does not automatically delete Content you have submitted, unless otherwise specified in our Privacy Policy.
4. Acceptable Use
4.1 Permitted Use
You may use the Service solely for lawful purposes and in accordance with these Terms of Use. The Service is intended for document translation, localisation, and related collaborative activities.
4.2 Prohibited Conduct
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party rights.
- Submit, upload, or transmit Content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
- Infringe upon the intellectual property rights of any party.
- Transmit unsolicited communications, spam, or phishing materials.
- Introduce malware, viruses, or any other malicious code into the Service.
- Attempt to gain unauthorised access to any part of the Service, its servers, or connected systems.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
- Use automated tools, bots, scrapers, or crawlers to access or extract data from the Service without express written permission.
- Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
4.3 Content Standards
Any Content you submit through the Service must not contain material that violates applicable laws or third-party rights. We reserve the right, but not the obligation, to review, remove, or disable access to any Content that we determine, in our sole discretion, violates these Terms of Use or is otherwise objectionable.
5. Intellectual Property
5.1 Our Intellectual Property
All rights, title, and interest in and to the Service, including its design, structure, software, text, graphics, logos, and other materials created by us, are and remain the exclusive property of Wonder-escape and its licensors. Nothing in these Terms of Use grants you any right to use our trademarks, trade names, service marks, or logos without our prior written consent.
5.2 Your Content
You retain ownership of all Content you submit through the Service. By submitting Content, you grant us a limited, non-exclusive, royalty-free licence to access, process, and use your Content solely to the extent necessary to provide the Service to you. We do not claim ownership over your Content.
5.3 Feedback
If you provide suggestions, feedback, or ideas regarding the Service, you grant us the right to use such feedback without restriction or compensation to you.
6. Payment and Billing
6.1 Fees
Certain features of the Service may require payment. All applicable fees will be clearly communicated before you commit to a purchase. You agree to pay all fees associated with your selected plan or service in a timely manner.
6.2 Billing Accuracy
You are responsible for providing accurate and complete billing information. You authorise us to charge your designated payment method for all applicable fees.
6.3 Refunds
Refund eligibility is determined on a case-by-case basis in accordance with our Refund Policy. Unless otherwise stated, all fees paid are non-refundable except where required by applicable law.
6.4 Changes to Pricing
We reserve the right to modify our pricing at any time. We will provide reasonable notice of any price changes. Continued use of the Service after such notice constitutes your acceptance of the updated pricing.
7. Third-Party Services and Links
The Service may contain links to or integrations with third-party websites, tools, or services. We do not control, endorse, or assume responsibility for any third-party content, products, or services. Your interactions with third-party services are governed by their respective terms and privacy policies. We encourage you to review those terms before engaging with any third-party service.
8. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy. We are committed to handling your personal data responsibly and in accordance with applicable data protection standards.
9. Disclaimers and Limitation of Liability
9.1 Service Provided As-Is
The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free from harmful components. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.2 Limitation of Liability
To the fullest extent permitted by applicable law, Wonder-escape and its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising out of or related to your use of or inability to use the Service, even if we have been advised of the possibility of such damages.
9.3 Aggregate Liability Cap
Our total aggregate liability to you for any claim arising out of or related to these Terms of Use or the Service shall not exceed the total amount you paid to us in the twelve months preceding the event giving rise to the claim, or a nominal amount if no payment has been made.
10. Indemnification
You agree to indemnify, defend, and hold harmless Wonder-escape and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:
- Your access to or use of the Service.
- Your violation of these Terms of Use.
- Your infringement of any third-party rights, including intellectual property rights.
- Any Content you submit through the Service.
11. Modifications to the Service and Terms
11.1 Changes to the Service
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
11.2 Changes to These Terms
We may update these Terms of Use from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify you by email or through the Service. Your continued use of the Service following the posting of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.
12. Termination
12.1 Termination by Us
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause or notice, including if we reasonably believe you have violated these Terms of Use. Upon termination, your right to use the Service will immediately cease.
12.2 Effect of Termination
Provisions of these Terms of Use that by their nature should survive termination shall continue to apply, including but not limited to sections on intellectual property, disclaimers, limitation of liability, and indemnification.
13. Governing Principles and Dispute Resolution
These Terms of Use shall be interpreted in accordance with general principles of fairness and commercial reasonableness. In the event of any dispute arising out of or relating to these Terms of Use or the Service, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If negotiation is unsuccessful, the parties may pursue resolution through binding arbitration or any other mutually agreed dispute resolution mechanism.
14. General Provisions
14.1 Entire Agreement
These Terms of Use, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Wonder-escape with respect to the Service and supersede all prior agreements, representations, and understandings.
14.2 Severability
If any provision of these Terms of Use is found to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
14.3 Waiver
Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of Wonder-escape.
14.4 Assignment
You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent. We may assign our rights and obligations without restriction.
14.5 Force Majeure
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of nature, governmental actions, internet disruptions, or third-party service failures.
15. Contact Information
If you have any questions, concerns, or requests regarding these Terms of Use, please contact us using the details below:
Wonder-escape
32 Amesbury Street, Palmerston North Central, Palmerston North 4410, New Zealand
Phone: +64 4 889 0399
Email: info@wonder-escape.com
Website: wonder-escape.com