PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Last Updated: June 6, 2016
1. Key Terms
WeGaw provides an online platform that allows to book hiking itineraries of any length, as a private or public event (collectively, the "Services"), which Services are accessible at www.wegaw.com and any other websites through which WeGaw makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
There Terms of Service are between you and WeGaw Ltd liab. Co.
- "Track" means an itinerary which can be walked on, for a maximum duration of 24 hours by using the Naismith’s rule.
- "Hike" means a collection of contiguous tracks that can be walked on, composed by 1 to an unlimited number of Tracks.
- "A WeGaw" means a Hike which is or was bookable via WeGaw Site as a public or private event for specific dates.
- "WeGaw Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
- "Hiker" means a Member who requests a booking of an Experience via the Site, Application or Services.
- "Contributor" means a Member who submits a Track via the Site, Application, Services or other ways of contact to WeGaw.
- "Member" means a person who completes WeHike’s account registration process, including but not limited to Hikers and Contributors, as described under "Account Registration" below.
- "Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in Experiences, Member profile or WeGaw promotional campaign to be made available through the Site, Application or Services.
- "Collective Content" means Member Content and WeGaw Content.
2. Terms of Service
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH CONTRIBUTORS MAY CREATE HIKES, WHICH WEHIKE WILL CONNECT WITH ACCOMMODATION BUSINESS TO CONVERT THEM INTO WEHIKES BOOKABLE BY ANY MEMBER. YOU UNDERSTAND AND AGREE THAT WEHIKE IS NOT A MOUNTAIN GUIDE ASSOCIATION, AND WEHIKE ITSELF IS NOT A PARTY ACTIVELY PARTICIPATING IN ANY WEHIKE. WEHIKE HAS NO CONTROL OVER THE CONDUCT OF MEMBERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR MEMBERS PARTICIPATING AT ANY WEHIKES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A TRACK ON WEHIKE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH WEHIKE IS LIMITED TO BEING A CONTRIBUTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF WEHIKE FOR ANY REASON. WEHIKE HAS THE RIGHT TO CONTROL, MODIFY AND ALTER THE CONTENT THAT YOU PROVIDE FOR THE CONTRIBUTED TRACKS. AS A CONTRIBUTOR YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF WEHIKE. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
WeGaw reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
5. How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the booking of Experiences. Such Experiences are based on Hikes composed by Tracks uploaded to the Site, Application and Services by Contributors. You may view Hikes and Experiences as an unregistered visitor to the Site, Application and Services; however, if you wish to book a WeGaw, you must first register to create a WeGaw Account (defined below).
As stated above, WeGaw makes available an online platform which allows Members to meet online and arrange for bookings of Experiences collectively or privately. WeGaw is not an operator of hiking tours, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and WeGaw does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the WeGaw platform, WeHike’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE MEMBERS CONNECTING AND BOOKING WEHIKES COLLECTIVELY. WEHIKE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY HIKE OR WEHIKE AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS INCLUDED IN THE ITINERARY. WEHIKE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO THE STATE OF THE LISTED HIKES, WEHIKES AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
6. Account Registration
In order to access certain features of the Site and Application, and to book a WeGaw or create a Track, you must register to create an account ("WeGaw Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your WeGaw Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to WeGaw through the Site, Services or Application; or (ii) allowing WeGaw to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to WeGaw and/or grant WeGaw access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating WeGaw to pay any fees or making WeGaw subject to any usage limitations imposed by such third-party service providers. By granting WeGaw access to any Third-Party Accounts, you understand that WeGaw will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your WeGaw Account and WeGaw Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your WeGaw Account on the Site, Services and Application.
Please note that if a Third-Party Account or associated service becomes unavailable or WeHike’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. WeGaw makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and WeGaw is not responsible for any SNS Content.
Your WeGaw Account and your WeGaw Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active WeGaw Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. WeGaw reserves the right to suspend or terminate your WeGaw Account and your access to the Site, Application and Services if you create more than one (1) WeGaw Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your WeGaw Account, whether or not you have authorized such activities or actions. You will immediately notify WeGaw of any unauthorized use of your WeGaw Account.
7. Contribution of Tracks
As a Contributor, you may submit Tracks. To submit Tracks, you will be asked to submit a variety of files: a GPX file which represents the approximate path for this Track, at least 3 high resolution photos for which you own all rights and a description about the itinerary.
The Track will be made public as a Hike if both ends of the itinerary are reachable by public or road transport. In every case, the Track may be combined with adjacent Tracks to form Hikes of multiple days in length. Every Hike will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Hikes which include your Track in search results may depend on a variety of factors, including, but not limited to, Members preferences, ratings and/or ease of booking.
A Hike for which WeGaw can stablish partnering accommodation offerings along the itinerary will be made bookable as a WeGaw. You understand and agree that you do not hold the right for any payment for the bookings made on Experiences which include your contributed Track.
You acknowledge and agree that you alone are responsible for any and all Tracks and Member Content you post. Accordingly, you represent and warrant that any Track you post (i) will represent a walkable path which you have previously done, (ii) was properly maintained and open to the public by the authorities in charge at the time you realized the Track. WeGaw reserves the right, at any time and without prior notice, to remove or disable access to any Hike which include your Track for any reason, including Tracks that WeGaw, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services.
8. Assisting WeGaw Information
A Hiker will be sent Assisting Information to complement his or her judgement prior the booked WeGaw he or she is participating at. The Assisting Information is composed of but not limited to:
- Weather Forecast from third-party services.
- Recommended equipment to bring based on the Weather Forecast and the Hike itinerary.
- GPX files that can be used with compatible GPS devices describing an approximate itinerary to the one booked.
- Map files from third-party services depicting the areas in which the Hike takes place.
WeGaw does not control the accuracy nor can be liable for the inaccuracy of this information. Assisting Information in the Site, Application or Services to a Member is not a certification or guarantee by WeGaw about any Hike, including whether the Hike is safe or suitable. Instead, any such information is intended to be useful information for you to evaluate when you make your own decisions about the feasibility, required equipment and suitability of a Hike for yourself. We therefore recommend that you always exercise due diligence and care when deciding whether to participate in a WeGaw, what to bring with you and the exact itinerary you need to follow, by using the Assisting Information we transfer to you as a mere complement to your own judgement. We are not responsible for any damage or harm resulting from your judgement of this information.
WeGaw recommends that Hikers obtain appropriate insurance for themselves. Please review any accident or rescue insurance policy that you may have carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover rescue operations or healthcare costs due to accidents while hiking.
9. No Endorsement
WeGaw does not endorse any Member, Hike or Accommodation.
Members are required by these Terms to provide accurate information. Although WeGaw may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by WeGaw about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to participate in a WeGaw with another Member or have any other interaction with another Member. We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from WeGaw with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Experiences you are both set to participate at.
10. Bookings and Financial Terms
A. Key definitions
- "Accommodation Fees" means the amounts that are due and payable by a Hiker in exchange for that Hiker’s stay in an Accommodation. The Accommodation alone, and not WeGaw, is responsible for the Accommodation Fees. Each Accommodation may in its sole discretion decide to include in these amounts Taxes that are determined to be collected.
- "Service Fees" means the fee that WeGaw charges a Hiker for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Service Fees will be displayed to the Hiker when the Hiker is asked whether to book a spot in an Experience.
- "Payment Method" means a payment method that you use to pay a WeGaw, such as a credit card, debit card or PayPal.
- "Total Fees" means collectively the Accommodation Fees and the Service Fees plus any Taxes.
The Accommodation businesses, not WeGaw, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Member, choose to enter into a transaction with an Accommodation business for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Accommodation and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the business owners. You acknowledge and agree that you, and not WeGaw, will be responsible for performing the obligations of any such agreements, that WeGaw is not a party to such agreements, and that WeGaw (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
You as a Member agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your WeGaw Account.
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
C. Service Fees and Other Fees
In consideration for the use of WeHike’s online platform, WeGaw charges Service Fees. WeGaw collects these Service Fees, and, where applicable, may also collect Taxes (such as VAT in Europe). Service Fees are, as noted above, included in the Total Fees.
Except as otherwise provided herein, Service Fees are non-refundable.
D. General Booking and Financial Terms
Cancellations and Refunds
If, as a Member, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of WeGaw will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Service Fee is non-refundable. Check the Cancellation and Substitution Policy.
WeGaw may, in its sole discretion, round up amounts that are payable from Members to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest swiss franc, euro or other supported currency); for example, WeGaw will round up an amount of CHF101.50 to CHF102.00, and CHF101.49 to CHF102.00.
11. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies WeGaw endorsement, partnership or otherwise misleads others as to your affiliation with WeGaw;
- dilute, tarnish or otherwise harm the WeGaw brand in any way, including through unauthorized use of Collective Content, registering and/or using WeGaw 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 WeGaw domains, trademarks, taglines, promotional campaigns or Collective Content
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of WeGaw or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of participating together in a WeGaw as a WeGaw Member;
- contribute, as a Contributor, any Track that you did not do yourself, or is graded as T4 or higher by the Swiss Alpine Club rating system, or is not maintained by the authorities as a hiking trail, or is not depicted in official national topographical maps as a walkable path;
- register for more than one WeGaw Account or register for a WeGaw Account on behalf of an individual other than yourself;
- unless WeGaw explicitly permits otherwise, request or book a WeGaw if you will not actually be participating at the WeGaw yourself;
- recruit or otherwise solicit any Contributor or other Member to join third-party services or websites that are competitive to WeGaw, without WeHike’s prior written approval;
- recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a WeGaw and then complete a booking of an Accommodation in the itinerary of that WeGaw independent of the Site, Application or Services, with the will to participate and join the rest of participants of the WeGaw, in order to circumvent the obligation to pay any Service Fees related to WeHike’s provision of the Services or for any other reasons;
- as a Contributor, submit any Track with false or misleading information;
- violate these Terms;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, WeHike’s name, any WeGaw trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without WeHike’s express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, WeHike’s computer systems, or the technical delivery systems of WeHike’s providers;
- attempt to probe, scan, or test the vulnerability of any WeGaw system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by WeGaw or any of WeHike’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
- advocate, encourage, or assist any third party in doing any of the foregoing; or
- accept or make a payment for Accommodation, Hike or participation Fees outside WeGaw. 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 WeGaw harmless from any liability for such payment.
WeGaw has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, WeGaw may take a range of actions against you, including but not limited to deactivating or canceling your Track(s) or WeGaw Account, for a violation of this Section or these Terms.
WeGaw may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against WeGaw or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of WeGaw, its users, or members of the public. You acknowledge that WeGaw has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. WeGaw reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that WeGaw, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you participate in a WeGaw with anyone who you feel 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 WeGaw by contacting us with your police station and report number; 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.
13. Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Switzerland and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of WeGaw and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of WeGaw used on or in connection with the Site, Application, Services, and WeGaw Content are trademarks or registered trademarks of WeGaw in Switzerland and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and WeGaw Content are used for identification purposes only and may be the property of their respective owners. As a Contributor or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content.
14. Additional Terms
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
15. WeGaw Content and Member Content License
Subject to your compliance with these Terms, WeGaw grants you a limited, non-exclusive, non-transferable license, to (i) access and view any WeGaw Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except 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 WeGaw or its licensors, except for the licenses and rights expressly granted in these Terms.
16. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through WeGaw promotional campaigns, you hereby grant to WeGaw a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. WeGaw does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through WeGaw promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through WeGaw promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to WeGaw the rights in 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 WeHike’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or WeGaw promotional campaigns 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.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that WeGaw is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by WeGaw of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Feedback" feature of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of WeGaw and you hereby irrevocably assign to WeGaw and agree to irrevocably assign to WeGaw all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At WeHike’s request and expense, you will execute documents and take such further acts as WeGaw may reasonably request to assist WeGaw to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
19. Copyright Policy
WeGaw respects copyright law and expects its users to do the same. It is WeHike’s policy to terminate in appropriate circumstances the WeGaw Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
20. Term and Termination, Suspension and Other Measures
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 WeGaw terminate the Agreement as described below.
A. Termination for convenience You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your WeGaw Account, any confirmed bookings will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, WeGaw may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
B. Termination for breach, suspension and other measures WeGaw may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the WeGaw Account registration, (iii) you have violated applicable laws, regulations or third party rights, or (iv) WeGaw believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, WeGaw or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition WeGaw may deactivate or delay reviews, or other Member Content, cancel any pending or confirmed WeGaw bookings, limit your use of or access to your WeGaw Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your WeGaw Account, or temporarily or permanently suspend your WeGaw Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from other Members, or (ii) WeGaw believes in good faith that such action is reasonably necessary to protect the safety or property of Members, WeGaw or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by WeGaw and an opportunity to resolve the issue to WeHike’s reasonable satisfaction.
If we take any of the measures described above we may (i) communicate to you that a pending or confirmed booking has been cancelled and (ii) you will not be entitled to any compensation for confirmed bookings that were cancelled.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any Tracks, reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your WeGaw Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your WeGaw Account has been suspended or this Agreement has been terminated by us, you may not register a new WeGaw Account or attempt to access and use the Site, Application and Services through other WeGaw Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WEHIKE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, 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 USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE. THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WEHIKE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WEHIKE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE HIKES OR WEHIKES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WEHIKE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY HIKE OR WEHIKE, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WEHIKE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MEMBERS OF WEHIKE. YOU UNDERSTAND THAT WEHIKE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY WEHIKE. WEHIKE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MEMBERS OF WEHIKE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY WEHIKE. WEHIKE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER OR OTHER THIRD PARTY.
22. Limitation of Liability
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 SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR BOOKING OF ANY WEHIKE VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF WEHIKE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER WEHIKE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR BOOKING OF ANY WEHIKE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WEHIKE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL WEHIKE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR BOOKING OF ANY WEHIKE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY WEHIKE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED SWISS FRANCS (CHF100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WEHIKE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold WeGaw 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a WeGaw, or (iii) creation of a Track; and (d) your participation or realization in a WeGaw by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your participation or realization of a WeGaw by you.
24. Entire Agreement
Except as they may be supplemented by additional WeGaw policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between WeGaw and you regarding the Site, Application, Services, Collective Content and any bookings of Experiences made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between WeGaw and you regarding bookings or listings of Accommodations, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without WeHike’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. WeGaw may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by WeGaw (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
27. Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the Canton of Geneva and Switzerland, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in Canton of Geneva, Switzerland, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The failure of WeGaw to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WeGaw. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
29. Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
30. Contacting WeGaw
If you have any questions about these Terms, please contact WeGaw.