Terms of Use

Welcome to Made to Wander! 

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Our mobile application (App) is operated by Made To Wander Pty Ltd (ACN 638 720 297) (or its successors and assignees) (we, our or us) and may be available through other addresses or channels.

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Please read these Terms (defined below) carefully as they set out your rights and responsibilities when using our App. You’ll need to stop using our App if you do not agree to these Terms. We may vary these Terms by notifying you of the variation via email or via an in-app notification and publishing the varied terms on our App. We recommend you check our App regularly to ensure you are aware of our current Terms. If you do not agree with our Terms, you may delete your Account and terminate these Terms in accordance with the termination clause in these Terms (below). 

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We provide the services set out on our App. Our App allows you to connect with other travel minded users, share travel photos, access travel information, such as directions, and connect with third party accommodation and transport providers.

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Accepting these terms

By downloading our App or otherwise accessing and/or using our App, you and each person, entity or organisation using our App (you): (a) warrant to us that you have reviewed these terms and conditions, including schedule 1 (together the Terms), and our privacy policy (available on our App) and you understand them; (b) warrant to us that you have the legal capacity to enter into a legally binding agreement with us; and (c) agree to use our App in accordance with these Terms. 

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You must be 13 years old or older to use the App. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the App, and they have accepted these Terms on your behalf.

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If you access or download our App from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any usage rules set forth in the App Store Terms of Service. If you access or download our App from the Google Play Store, and you agree to the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

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Collection notice

We collect personal information about you in order to enable you to access and use our App, to provide you with App settings suitable to your preferences, to connect you with other users on our App and for other purposes set out in our privacy policy. 

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We may disclose that information to third party service providers who help us deliver our services (including third party accommodation and transport providers, IT service providers, data storage, web-hosting and server providers, maintenance or problem-solving providers, marketing and advertising providers and professional advisors) or as required by Law. If you do not provide this information we may not be able to provide you with access to our App. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia. 

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Our privacy policy contains further information about: (a) how we store and use your personal information; (b) how you can access and seek correction of your personal information; (c) how you can make a privacy-related complaint; and (d) our complaint handling process. 

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By providing personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with our privacy policy.

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Registering

You must create an account (Account) to access our App. You must provide basic information when registering for an Account, including your name and your email address. You may also provide other personal information, including but not limited to your age, your gender and your mobile number. 

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You may also register for an Account using your Facebook or Google account (External Account). If you sign in to your Account using your External Account, you authorise us to access certain information on your External Account including but not limited to your name, email address, public profile information, age, location and gender.

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You must provide accurate, current and complete information during the registration process and you must update such information to keep it current and complete. 

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You will be required to select a username and password for your Account. You are responsible for keeping your Account details, your username and password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions. 

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You will immediately notify us of any unauthorised use of your Account.

At our sole discretion, we may refuse to allow any person to register or create an Account.

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Your App preferences

After you create an Account, you will be prompted to complete your profile, including a short biography and a link to any website of yours. 

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When you create an Account on our App, we will request certain inputs, including your preferred geo-location settings and your notification settings (including push notifications and in-app notifications). At any time you may also access and update your Account preferences, including your privacy preferences via your Account settings. 

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Your Account privacy will automatically be set as public, meaning any user can view and interact with your activities within your Account but you may choose at any time to make Account private, so that only users who you approve are able to view and interact with your activities within your Account.

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Acceptable use of our App

You must access and use our App only for legal, authorised, and acceptable purposes. 

You will not use (or assist others in using) our App in ways that: (a) violate, misappropriate, or infringe our rights, our users’ rights, or other rights, including privacy, publicity, Intellectual Property Rights, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging; (f) involve any non-personal use of our App; and (g) would violate our community guidelines in Schedule 1, located at the back of this document.

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You are prohibited from using our App, including the Content in any way that competes with our business.  If you breach this term, we will hold you responsible for any Liability we suffer, and hold you accountable for any profits that you may make from such non-permitted use. 

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Licence to use our App

We grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our App in accordance with these Terms.  All other uses are prohibited without our prior written consent.

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Third Party Inputs

You agree that the provision of the App may interface, interoperate with, be contingent on, or impacted by, third party software or services (Third Party Inputs), including but not limited to Google Maps, Rome to Rio, Booking.com, Airbnb and Uber. 

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To the extent that you choose to use such Third Party Inputs, you are responsible for: (a) the purchase of the Third Party Inputs (if any); (b) the requirements; and (c) the booking terms, payment obligations and licensing obligations, related to the applicable Third Party Input.

 

You acknowledge and agree that: (a) the benefit of the Third Party Input’s interface, or interoperation with, the Services, is subject to your compliance with this clause; (b) unless expressly stated otherwise, we do not control, recommend, endorse or approve and we are not responsible for the content of any Third Party Input; (c) you should make your own investigations with respect to the suitability of any Third Party Input; (d) you use any Third Party Input at your own risk; and (e) we have no Liability to you for your use of any Third Party Input.

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Information contained on our App

Our App contains materials and information for you to read, explore, and interact with, including but not limited to maps, photos and posts shared by other users and travel information, including accommodation and transport suggestions and booking functionalities provided by Third Party Inputs (Content). 

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You acknowledge and agree the Content: (a) is not comprehensive; (b) is provided simply for your convenience; (c) is for general information purposes only; and (d) may be provided by a Third Party Input. The Content does not take into account your specific needs, objectives or circumstances, and is not advice and you should exercise your own judgement and seek tailored advice where appropriate. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty regarding any Content, to the extent permitted by Law. The Content is subject to change without notice and we do not undertake to keep our App up-to-date and we are not liable if any Content is inaccurate or out-of-date. 

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Content relating to directions or instructions may differ from actual conditions and you are not required to perform or adhere to these and if you carry out, or adhere to, such directions and instructions you do so solely at your own election. You acknowledge that you rely on and participate in our Content at your own risk. 

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Intellectual Property Rights

Unless otherwise indicated:

• we own or licence all rights, title and interest (including Intellectual Property Rights) in our App; and 

• we or our Third Party Inputs own or licence all rights, title and interest (including Intellectual Property Rights) in all Content.

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Your use of our App and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our App or the Content.

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You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

• copy or use, in whole or in part, any Content; 

• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

• breach any Intellectual Property Rights connected with our App, including (without limitation) by: 

  • altering or modifying any of the Content; 

  • causing any of the Content to be framed or embedded in another application or website; or 

  • creating derivative works from the Content.

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You may also provide us with feedback on the App (Feedback). You agree that all Intellectual Property Rights in the Feedback will at all times vest or remain vested in us. You agree that we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback. We will have no obligation to review, consider or implement Feedback.

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Content you upload

We encourage you to interact with our App by posting, uploading, publishing, submitting or transmitting relevant information and content, including posts, photos and comments (together, User Content) on our App. 

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You own your User Content but by making any User Content available on or through our App, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to host, use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our App, third party websites, applications or platforms. 

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You agree that you are solely responsible for all User Content that you make available on or through our App.  You represent and warrant that: 

• you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

• neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content, or our use of the User Content on, through or by means of our App, third party websites, applications or platforms will infringe, misappropriate or violate another user’s rights, or a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable Law or regulation.

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You may delete any User Content and we will remove such deleted User Content from public display. However we may at our sole discretion maintain internal copies of such deleted User Content. 

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We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, alter (for example, by updating a location name) or remove any User Content. You may report User Content which you believe are in breach of these Terms or our Community Guidelines and we will use our reasonable endeavours to investigate such User Content. To the maximum extent permitted by law, we are not responsible for the content of any User Content.

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App support

If you have a question or experience a technical fault you may report a problem via the ‘report a problem’ functionality (or similar) within your Account settings. We will respond to your support request using the email in your Account and assist with any technical faults, provided that where required, you assist us in investigating and ascertaining the cause of the fault and provide us with access to all necessary information relevant to the fault (including what you have done in relation to the fault).

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Warranties, disclaimers and indemnity

To the extent permitted by Law, we make no representations or warranties about our App or the Content, including (without limitation) that:

• they are complete, useful, accurate, reliable, up-to-date and suitable for any particular purpose; 

• access will be uninterrupted, error-free and free from viruses; and

• our App or any Third Party Input will be secure. 

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You read, use, and act on our App and the Content at your own risk. We are not responsible for and are not obligated to control the actions or information (including but not limited to User Content) of other users, Third Party Inputs or other third parties (Third Parties). You release us and our subsidiaries and affiliates and our or their directors, officers, employees, partners and agents from any claim, complaint, cause of action or controversy and damages, known or unknown relating to, arising out of, or in any way connected with any such claim you have against Third Parties. 

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Despite anything to the contrary, to the maximum extent permitted by Law:

• our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of $100; and

• we will not be liable to you for any consequential loss, special loss, indirect loss, loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

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Despite anything to the contrary, to the maximum extent permitted by Law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any: 

• event or circumstance beyond our reasonable control;

• your acts or omissions;

• defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to our App; and/or Content

• User Content;

• carriers being inaccessible;

• interaction you have with Third Parties, whether in person or online;

• injury or loss to any person;

• Content which is incorrect, incomplete or out-of-date; or  

• your breach of these Terms or any Law.

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You agree that, to the maximum extent permitted by Law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

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To the maximum extent permitted by Law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with any material breach of these Terms or any applicable Laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.              

 

Australian Consumer Law 

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of our App by us to you which cannot be excluded, restricted or modified (Statutory Rights).

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If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for our App provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.  

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including our App) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

This clause will survive the termination or expiry of these Terms. 

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Termination

• If you delete our App from your device, your Account will remain active. 

• You may cancel your Account and terminate these Terms at any time in your Account settings or by sending us an email to the address at the end of these Terms. 

• We may terminate these Terms for convenience at any time by giving you 30 days’ prior notice via email to the email address in your Account. We are not responsible for any Liability you may suffer arising from or in connection with any such termination.

• At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if you are in breach of these Terms, our Community Guidelines, any applicable Laws, regulations or third party rights or we receive multiple complaints about you or your behaviour. We are not responsible for any Liability you may suffer arising from or in connection with any such suspension or termination.

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Upon termination of these Terms we will delete your Account and remove your access to the App.

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Termination of these Terms will not affect any rights or liabilities that a party has accrued under it.  

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This clause will survive the termination or expiry of these Terms.

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Notice regarding Apple

• To the extent that you are using or accessing our App on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for our App and any content available on our App.

• Apple has no obligation to furnish you with any maintenance and support services with respect to our App. 

• If our App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of our App to you. To the maximum extent permitted by applicable Law, Apple will have no other warranty obligation whatsoever with respect to our App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

• Apple is not responsible for addressing any claims by you or any third party relating to our App or your use of our 

• App or your use of our App, including but not limited to:

  • any claim that our App fails to conform to any applicable legal or regulatory requirement; and 

  • claims arising under consumer protection or similar legislation

• Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our App infringes that third party’s Intellectual Property Rights. 

• You agree to comply with any applicable third-party terms when using our App. 

• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

• You hereby represent and warrant that: 

  • you are not located 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 

  • you are not listed on any U.S. Government list of prohibited or restricted parties

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Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

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Assignment

You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days’ prior notice. Your right to terminate these Terms, in accordance with the termination clause in these Terms (above), remains unaffected. 

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Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

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Jurisdiction

Your use of our App and these Terms are governed by the Laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

Our App may be accessed throughout Australia and overseas. We make no representation that our App complies with the Laws (including Intellectual Property Laws) of any country outside Australia.  If you access our App from outside Australia, you do so at your own risk and are responsible for complying with the Laws of the jurisdiction where you access our App.

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Definitions

Intellectual Property means any copyright, registered or unregistered designs or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

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Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

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Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant party in connection with these Terms or the provision of our App. 

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Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

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For any questions and notices, please contact us at:

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Made To Wander Pty Ltd (ACN 638 720 297)
Email: info@made-to-wander.com
Last update: 13 January 2020

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