The following Terms of Service (the “Agreement”) describe the general terms and conditions of your use of all our white label mobility platform mobile applications (“Mobile Application” or “Service”) and any related products and services (collectively, “Services”). These Terms of Service are legally binding between you (“you” or “your”) and WunderCar Mobility Solutions GmbH and its affiliated companies (“Wunder Mobility”, “we”, “us” or “our”). By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you must stop using the Mobile Application and Services. You acknowledge that this Agreement is a contract between you and Wunder Mobility, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.
This Agreement does not apply to independent operators who provide our Services to you (“Third Party Operators”).
Services and Mobile Application
Wunder Mobility is not a transport carrier, nor does it provide transport services, rather, it facilitates Third-Party Operators in providing such services to you. As such we have no responsibility or liability for any transport services secured by you or provided by any licensor or Third-Party Operators.
The provision of transport services to you is at the sole discretion of licensors and Third-Party Operators. Accepting such services from licensors or Third-Party Operators is at your sole discretion.
Use of the Service and Mobile Application
Wunder Mobility grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Service for non-commercial purposes, strictly in accordance with this Agreement.
Member Account, Password and Security
By using our Services and by agreeing to this Agreement, you warrant and confirm that you are at least 18 years old (or the age required to use our Services in your applicable jurisdiction). If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change product pricing at any time.
Accuracy of information
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or Services has been modified or updated.
We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (a) periodic scheduled maintenance or repairs we may undertake from time to time; (b) interruptions caused by you or your activities; (c) outages that do not affect core Service functionality; (d) causes beyond our control or that are not reasonably foreseeable; and (e) outages related to the reliability of certain programming environments.
Links to other resources
Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application and Services. Your linking to any other off-site resources is at your own risk.
In addition to other terms in this Agreement, you are prohibited from using the Mobile Application and Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international national or local laws regulations, rules or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to display, distribute, duplicate, publish create derivative works from modify, sell resell for commercial purposes; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet; or (l) use the Service to gain competitive intelligence about Wunder Mobility or its affiliates; or (m) copying the appearance or functions of the Service or any portion of the Service. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights at law, equity or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Wunder Mobility or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Wunder Mobility. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of Wunder Mobility, its licensors or Third-Party Operators. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of Wunder Mobility or licensor’s trademarks.
Disclaimer of warranty
You agree that the Service is provided on an “as is” and “as available” basis and that your use of the Mobile Application and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made in this Agreement.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Wunder Mobility, its affiliates, directors, officers, employees, agents, suppliers licensors or Third-Party Operators shall be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, delict, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Wunder Mobility and its affiliates, officers, employees, agents, suppliers, licensors and Third-Party Operators relating to the services will be limited to an amount greater of one Euro or any amounts actually paid in cash by you to the licensor for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Wunder Mobility and its affiliates, directors, officers, employees, agents, suppliers, licensors and Third-Party Operators harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations in this Agreement, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
We may, with or without any notice to you, suspend or terminate your member account or your use of our Services in the event that you violate the terms of this Agreement or no longer use our Services or Mobile Application. We may, at our sole discretion discontinue providing our Services or Mobile Applications with or without any further notice to you.
Changes and Amendments
We reserve the right to modify this Agreement or its terms relating to the Mobile Application and Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application and Services after any such changes shall constitute your consent to such changes.
This Agreement constitutes the entire agreement between you and Wunder Mobility regarding the provision of Services and your use of the Mobile application. You may be subject to additional terms and conditions that will apply when you use third party services or software.
This Agreement is governed by the laws of Germany, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods, CISG (Convention des Nations unies sur les contrats de vente internationale de marchandises, CVIM) and without any reference to the German conflict of laws principles