Worldener

PLATFORM TERMS

1 SCOPE

Worldener GmbH, Rebenstrasse 12 Bättwil 4112 Switzerland, ("Worldener") operates the Worldener platform ("Platform"). The Platform functions as an intermediary service between customers ("Customers") and providers of travel services such as hotels and restaurants ("Providers"). Customers and Providers are collectively referred to as ("Users"). Providers offer their business through the Platform to Users. These End User Terms ("Terms") apply to the usage of the Platform, and any affiliated sites, digital services, or applications on which a link to these Terms appears. By accessing the Platform, Users accept these Terms. If Users do not agree to these Terms, Users must not visit, use, or access the Platform. Worldener may amend the Terms at its sole discretion by publishing an updated version of the Terms on the Platform. Users are responsible for checking the Terms regularly and should only use the Platform if Users accept the new Terms. Users' continued use of the Platform following any amendments indicates acceptance of the new Terms.

2 PLATFORM FUNCTIONS

Worldener provides the Platform to Users in line with reasonable industry standards but does not guarantee that the Services will function without any interruption or disruption. Where reasonably possible, Worldener will inform Users about potential interruptions in advance. Worldener may use third-party providers for processing payments or any other services in relation to the Platform. Worldener may, from time to time, amend the features of the Platform, which may include patches, bug fixes, updates, upgrades and other modifications. Users agree that Worldener has no obligation to (i) provide any updates or (ii) continue to provide or enable any Platform features to Users. After explicitly accepting the Terms, Users need to create an account to access the Platform features. Users are solely responsible for keeping all account information up-to-date. After receiving an Account, Users can upload pictures, descriptions and other content onto the Platform ("User Content"). Customers and Providers have different verification processes in order to access the Platform. Worldener reserves the right to repeat a User's verification process from time to time and to introduce changes to the verification process practices and policies.

3 CUSTOMER ACCOUNT

To use the Platform, Customers need to download the Platform from an official source, as indicated on [website]. Customers disclose their interests through data fields to create their profile, which is then processed by Worldener's algorithms to suggest suitable Providers

4 PROVIDER ACCOUNT

Providers register via the desktop version of the Platform. To become a Provider, one must be onboarded through Worldener's verification process. The verification process involves a questionnaire that allows Worldener to accept Providers based on a minimum quality threshold. Once a Provider has been verified, Providers can create and publish travel services such as hotels and restaurants adverts, including pictures thereof, on the Platform ("Adverts").

5 ADVERTS

Adverts can be accessed by all Users free of charge. Customers can apply for Adverts but cannot create Adverts themselves. Contact between Customers and Providers is made directly via the Platform. Customers can apply for the Adverts after uploading the necessary User Content to their account as described on the Platform. Adverts are published via the Platform and communication channels after successful verification by Worldener. Adverts must:
• include information about the travel service;
• contain necessary practical information such as location;
• comply with applicable laws.
Adverts must not contain the following:
• external hyperlinks that have not been explicitly approved by Worldener;
• intellectual property of third parties, unless the Provider has permission to do so;
• information that is not truthful;
• illegal activities or links to material that is unlawful.

6 PROVIDER OBLIGATIONS

Providers are:
• solely responsible for their Adverts;
• obliged not to create Adverts on the Platform for competitors of Worldener;
• obliged to store user content from Customers only for as long as is necessary;
• they accept full responsibility for any legal claims arising from their Adverts;
• in agreement that Worldener is allowed to remove Adverts at its discretion.

7 CUSTOMER OBLIGATIONS

By accepting a Provider's Advert, Customers confirm:
• to have read and accepted the Provider's terms;
• that Worldener does not guarantee or warrant anything about Provider's Adverts;
• that Worldener only provides an intermediary platform and will not be liable for any loss they suffer because of Provider's acts or omissions.

8 RESTRICTIONS

The Users are responsible for using the Platform in a private and secure manner. Worldener is not liable for any damage or loss due to unauthorized account access resulting from Users' actions. In addition to other restrictions set forth in these Terms, the Users is expressly restricted from all of the following:
• modifying, copying, distributing, reproducing, or use in any other way any information, text, graphics, images, software obtained from the Platform for commercial or public purposes, without Worldener's prior written permission;
• using this Platform in any way that is contrary to applicable laws and regulations;
• introducing malware or software agents, whether harmful or not;
• engaging in any data mining or any other similar activity in relation to this Platform;
• accessing the Platform via any automated system or taking any action that may impose an unreasonable load on our infrastructure;
• bypassing the measures that Worldener may use to prevent or restrict access to or use of the Platform, including by hacking into secured areas of the Platform, circumventing any geo-blocking mechanisms or otherwise;
• attempting to reverse engineer any part of the Platform, derive the source code, or create any derivative works or materials of any kind using the content available on the Platform;
• exploiting the Platform to access unauthorized information.

9 ACCOUNT TERMINATION

The Users can terminate these Terms at any time by deletion of its account. After deletion of the Account, Worldener will delete the Users' personal data within reasonable time. Note: Deletion of the Platform app does not result in the deletion of the account. If any of the stipulations in these Terms are violated, Worldener is permitted and required by law to terminate the account without notice. Worldener reserves the right to change or discontinue, temporarily or permanently, the Platform at any time without notice and liability to the Users. If Worldener cancels the Platform for a reason outside of these Terms, 1-week notice must be given. Account termination does not release the Users from any obligations or liabilities to Worldener or other Users.

10 INTELLECTUAL PROPERTY

Unless expressly stated otherwise, Worldener owns and retains all rights in the Platform. Except as otherwise expressly provided herein, nothing in these Terms shall transfer, assign, license or otherwise grant any of Worldener's intellectual property rights to any third party. Worldener grants Users a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access the Platform. The licence is for the User's own use only, subject to payment in full of the applicable fees and compliance with and validity of these Terms. By uploading Adverts or User Content to the Platform, Users grant Worldener a royalty-free and worldwide right of publicity to distribute and publish the Adverts within the scope of Worldener's contractual obligations. Users hold Worldener harmless for all intellectual property infringements within Adverts or User Content and agree to fully indemnify Worldener against any such infringements, claims, or incurred liability.

11 NO WARRANTY AND NO LIABILITY

While Worldener uses reasonable efforts to provide the Platform in accordance with the description stated in Clause 2, Users acknowledge and agree to the following:
• the Platform is provided 'as is' and 'as available', without warranties or representations of any kind to the extent permitted under the applicable law;
• Worldener excludes any liability for inaccuracy or incompleteness of the Platform, delay or unavailability, data loss or corruption, or any viruses or other harmful components associated with the Platform;
• Worldener excludes all liability towards the Users to the maximum extent permitted by applicable law;
• this Platform may contain third-party content or links to third-party apps. Worldener does not assume any responsibility for and does not make any warranties or representations as to any third-party content or apps.

12 DATA PROTECTION

To provide its services, Worldener collects the Users' names, email addresses, first and last names, age, gender, as well as details and interests that make up the Users' profiles. Worldener protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the Swiss data protection legislation and the General Data Protection Regulation. Worldener processes the personal data for the purpose of enabling the Users to make use of the Platform effectively through tailored suggestions and only processes essential data. Worldener may use such data in an anonymized form to improve the Platform. Worldener takes all appropriate and reasonable precautions, within the scope of technical possibilities, against data loss and to prevent unauthorized third-party access to the User data. For this purpose, Worldener backs up the data on a regular basis, monitors User data for viruses, and installs firewalls.

13 MISCELLANEOUS

Governing law: These Terms are governed by substantive Swiss law (excl. CISG) and subject to the exclusive jurisdiction of the ordinary courts at the seat of Worldener with respect to all disputes out of or in connection with these Terms. Severability: If any provision of these Terms (in whole or part) is held to be illegal, invalid, or otherwise unenforceable, the other provisions will remain mutatis mutandis in full force and effect. Non-waiver: Any failure of Worldener to enforce or exercise a right provided in these Terms is not a waiver of that right. Entire agreement: These Terms constitute the entire agreement and supersede all prior agreements between the Parties relating to the subject matter hereof. Notices: Notices hereunder shall be given in writing to the last communicated or available address. 'In writing' shall, unless explicitly indicated otherwise, include email.