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Terms of Use & Privacy

Date of Last Revision: April 30th 2016

TERMS OF USE

Welcome to We Are Explorers!

We Are Explorers Ltd  (“we”, “us” or “our”) maintains the website at http://www.weareexplorers.co (the “Site”) and provides related services (collectively, such services, including any new features and applications, and the Site, the “Services”) subject to the following Terms of Use (as updated and amended from time to time, these “Terms of Use”).

1. Acceptance of Terms of Use

1.1 Your Acceptance. By accessing or using the Site or the Services in any manner, you (the “user” or “you”) agree to comply with and be legally bound by these Terms of Use, Privacy Policy, and those additional terms and conditions and policies referenced herein and/or available by hyperlink, whether or not you become a registered user of the Services. If you do not agree to be legally bound by any term or condition of these Terms of Use or any subsequent modifications hereto, you do not have any right to obtain information from or otherwise continue using the Services and your only recourse is to immediately discontinue use of the Services. YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO THIS AGREEMENT, TO CREATE OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS BETWEEN YOU AND THE OUTBOUND WITH RESPECT TO THIS AGREEMENT, AS FURTHER DETAILED IN SECTION 16.

1.2 Our Right to Modify. We reserve the right to modify these Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, at any time, effective upon posting of an updated version of these Terms of Use on this page of the Site. You are responsible for reviewing the most recent version of these Terms of Use and remaining informed about any modifications. By using this Site, you agree that the posting of new or revised Terms of Use on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Services after any such changes or after explicitly accepting these Terms of Use upon logging into the Site will constitute your consent to such changes.

2. User Responsibilities

2.1 We Are Explorers is a Venue. We Are Explorers is an online venue that connects customers (“Customers”) who seek outdoor activities and Adventures and local guides (“Guides”) providing such activities and adventures (“Adventures”). We refer to Guides and Customers, as well as any other Site visitors, as “users”. Customers may elect to purchase Adventures from Guides, and The Outbound may facilitate communications between Customers and Guides, but all agreements and transactions for the purchase of such Adventures and any ensuing interactions are directly between the Customer and Guide and are governed by Sections 2.5, 2.6 and 2.7 of these Terms of Use or such other agreement entered into between the Customer and Guide. We Are Explorers does not control the quality, safety, morality or legality of any aspect of the Adventures listed, the conduct of Customers, the ability of Guide to provide Adventures or the ability of Customers to pay for Adventures. The Outbound merely provides a platform that allows people seeking an Adventure to connect with people who provide the Adventure.

2.2 Third-Party Content. In using the Services, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties (“Third-Party Content”), either at the Site or through links to third-party websites. The Outbound does not control, and is not responsible or liable for, Third-Party Content posted on, transmitted through or linked from the Services. Such Third-Party Content is the sole responsibility of the person from whom such Third-Party Content originated. You understand that by using the Services, you may be exposed to Third-Party Content that is incomplete, offensive, indecent, inaccurate, misleading, unlawful or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content.

2.3 Identity Verification. You acknowledge that We Are Explorers does not pre-screen users or approve Third-Party Content and makes no attempt to confirm, and does not confirm, any user’s purported identity. We do not investigate any user’s reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We do not endorse any persons who use or register for the Services, whether as Customers or Guides, or any Adventure listed on the Site. You are responsible for determining the identity and suitability of others whom you may contact or who may contact you by means of the Site. You agree to exercise caution and good judgment in all interactions with other users. We Are Explorers encourages you to communicate directly with potential transaction partners through the tools available on the Site and to review your Guides’ profile pages for feedback from other users. You may also wish to consider using a third-party service that provides additional user verification.

2.4 Release. To the extent permitted under applicable laws, you hereby release We Are Explorers from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any Guide or Customer; (c) any injury, loss or damage caused by another user, an Adventure, or Content posted on the Services, whether online or offline; and (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Services’ users’ communications.

2.5 Guiding an Adventure. As a Guide, you will define the conditions of, and may supply the content and images to describe and illustrate, your Adventure and its terms, by completing and submitting, or authorizing an agent to complete and submit, a request to us. Submission of a request does not obligate We Are Explorers to accept the request or any of its contents nor to promote the Adventure, and is not binding on We Are Explorers. You are responsible and liable for all Adventure content and terms, and for our or any Customer’s use or reliance on any of the foregoing. If we accept your request, we may promote the Adventure using any method and through any medium that we deem appropriate in our sole discretion, including through e-mail, mobile applications and any other type of electronic interface or distribution channel owned, affiliated, controlled or operated by or through We Are Explorers. We further reserve the right, but have no obligation, to promote the Adventure through our affiliates and third party business partners from time to time. We Are Explorers will promote your Adventure to We Are Explorers customers and potential customers based on geographic or other geolocation data, but will determine the customers and potential customers to whom your Adventure is actually promoted and made available, if any, in its sole discretion. Guides are entirely responsible for the Adventure and any interaction with Customers. As a Guide, you agree to: (a) specify all generally applicable policies (e.g., cancellation policies that apply to all Customers), restrictions and contractual arrangements (e.g., liability waivers required for all customers) applicable to the Adventure prior to offering the Adventure (“Rules”), and We Are Explorers will have no liability for the nature of your Rules or your failure to specify appropriate Rules; (b) provide the Adventure without imposing restrictions or policies not listed in the Rules; (c) not accept gratuity or require additional payments in order to deliver promised Adventure; (d) comply with all local laws and regulations in offering and providing your Adventure (especially regarding safety and licensing requirements, food preparation, etc.); or (e) not solicit users to participate in an Adventure off the platform or otherwise circumvent any fees that are paid or would be payable to We Are Explorers. You agree that unless you obtain the consent of any Customer, you will use the personal information of the Customer provided to you by We Are Explorers only to communicate with the Customer about We Are Explorers, and for no other purpose.

2.6 Buying and Using an Adventure. As a Customer purchasing and/or using an Adventure, you agree to: (a) comply with all local laws including participating in age-restricted events (e.g., be over 21 to buy an Adventure with alcohol); (b) comply with the terms and conditions submitted on the Adventure, including any Rules, without modification and without imposing any restrictions or additional charges or penalties that are not expressly stated in the Adventure; (c) not solicit Guides or other Customers for any commercial, religious or other reasons; (d) not publish, discuss, or otherwise share the private addresses of Adventures with non-guests of that Adventure; and (e) arrive on time and at the stated location for redemption of the purchased Adventure (no reschedules or credits will be offered). Customer agrees and acknowledges that a Guide may refuse to provide an Adventure for violation of the Rules without refund, or for any or no reason upon refunding the amount paid.

2.7 Relationship between Customers and Guides. If you are a Customer, you provide to each Guide the covenants provided to We Are Explorers in Sections 2.6 and 4.2, and agree to be bound by all Adventures that occur based upon false or inaccurate information, even if the false or inaccurate information was provided accidentally. If you are a Guide, you provide to each Customer the covenants provided to We Are Explorers in Sections 2.5, 4.2 and 9.2, and agree to be bound by all Adventures that occur based upon false or inaccurate information, even if the false or inaccurate information was provided accidentally.

2.8 Recordings. We Are Explorers may photograph and/or record Customers engaging in an Adventure, and any such image, recording or video (collectively “Recording”) will be owned exclusively by We Are Explorers. You agree that to the extent that your name, likeness, biography and / or voice appears in any such Recording, you grant to We Are Explorers an unrestricted, perpetual, worldwide right to use your Image as contained in the Recording in all media now known and later developed for any purpose, including for the purpose of promoting the Site and Services.

3. Eligibility for Use

3.1 Age. The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

3.2 Registering on Behalf of a Guide. If you are registering on behalf of a Guide, you represent and warrant that you have the authority to bind such Guide to these Terms of Use, and, for purposes hereof, the term “you” will also be deemed to include the Guide on whose behalf you have registered for the Services.

3.3 Legal Compliance. You represent and warrant that you comply with all applicable domestic and international laws, statutes, ordinances and regulations, including without limitation any laws or regulations requiring licenses such as sightseeing guide licenses, and will use the Services in a manner consistent with all such applicable laws, statutes, ordinances and regulations.

3.4 Right to Refuse Access. The Outbound may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

4. User Conduct

4.1 Rules and Restrictions. You are solely responsible for your conduct and activities on and involving the Services and any and all content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links (“Content”), that you submit, post and display on the Site or otherwise make available through the Services. In connection with your use of the Services, you must act responsibly and exercise good judgment. You agree to provide and maintain true, accurate, current and complete information about yourself or your Guide. Without limiting the foregoing, you will not use the Services to:

(a) post or otherwise transmit any Content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) depicts or advocates the use of illicit drugs; (iii) makes use of offensive language or images; (iv) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (v) poses or creates a privacy or security risk to any person; (vi) infringes any intellectual property or other proprietary rights of any party; (vii) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (ix) in the sole judgment of We Are Explorers, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose We Are Explorers or its users to any harm or liability of any type;

(b) violate any applicable local, state, national, international or other law or regulation, or any order of a court, including as it concerns online conduct and acceptable content;

(c) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

(d) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

(e) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

(f) interfere with, disrupt or damage the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

(g) use the 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;

(h) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(i) “stalk” or harass any other user of the Services or collect or store any information about any other user other than for purposes of transacting as a Guide and Customer with one another;

(j) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;

(k) register for more than one user account or register for a user account on behalf of an individual other than yourself except as set forth in Section 3.2;

(l) transfer or sell your account and/or username to another party;

(m) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

(n) use automated scripts to access, search collect information or otherwise interact with the Services (including without limitation robots, spiders or scripts) or use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;

(o) use the Services to find a Guide or Customer and then complete the transaction offline in order to circumvent your obligation to pay for the Services;

(p) submit any Adventure with a false or misleading price, or submit any listing with a price that you do not intend to honor, or take any other action that may undermine the feedback or ratings systems;

(q) provide a link to any other website;

(r) use, reproduce, duplicate, copy, sell, resell or exploit: (i) any portion of the Site or Services; (ii) your use of the Site or Services, or (iii) your access to the Site or Services, in each case for any purpose other than for which the Site or Services are being provided to you; or

(s) advocate, encourage, or assist any third party in doing any of the foregoing.

4.2 Interaction with Other Users. You are solely responsible for your interactions with other users of the Services. We Are Explorers will not be responsible for any damage or harm resulting from your interactions with other users of the Services. We reserve the right, but have no obligation, to monitor interactions or disputes between you and other users of the Site or the Services Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We may, but are not obligated to terminate your access and/or remove Your Content from the Site if we determine or suspect that you or Your Content violates the terms of these Terms of Use or the applicable agreement with the offending user(s). We take no responsibility for your exposure to any Content on the Site or through the Services whether it violates our content policies or not. The disclaimers in subsection (c) above apply to Content provided by users. In no event will we take any responsibility for any Content provided by Member, and we make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility or liability for, the quality, content, nature or reliability of any Content provided by any Member or any opinion, recommendation, or advice expressed therein.

4.3 Listing Conditions. By listing an Adventure on the Site, you (a) warrant that you and all aspects of the Adventure comply with We Are Explorers published policies and all applicable laws, (b) assume full responsibility for the content of the Adventure offered, (c) understand that it is publicly available to be viewed and booked by any individual and (d) acknowledge and agree that the price and time you specify for that listing will constitute an essential part of a binding agreement between you and the Customer and agree to honor all registrations through the Site at the price and time listed.

5. Right to Cancel Account or Delete Content

5.1 Our Right to Cancel Accounts. We Are Explorers may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice and at any time: (a) terminate your access to the Services, (b) deactivate or delete any of your accounts and all related Content and Adventures, (c) bar your access to any of such Content or (d) refuse, edit or delete any Content that you post or submit to the Site or through the Services.

5.2 Storage of Content. You acknowledge that We Are Explorers may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that Content will be retained by the Services and the maximum storage space that will be allotted on We Are Explorers servers on your behalf. You agree that We Are Explorershas no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You further acknowledge that We Are Explorers reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

6. Payment; Fees

6.1 Fee Structure. In exchange for providing the Services, We Are Explorers keeps a portion of the Guide’s price of each Adventure. As a Customer, you agree to pay the amount posted by the Guide from whom you have chosen to purchase an Adventure. As a Guide, posting a listing is free, but you agree to pay We Are Explorers our then-current service charge for each purchase made by a Customer. Changes to the Fees Policy and the fees for We Are Explorers’s services are effective after We Are Explorers provides you notice by posting the changes on the Site. However, We Are Explorers may choose to temporarily change the Fees Policy and the fees for We Are Explorers services for promotional events of Adventures not then offered; such changes are effective when We Are Explorers posts the temporary promotional event on the Site. Each Customer will be solely responsible for any payments due to Guide, and Guide will be solely responsible for providing the Adventure to the Customer. Under no circumstances will We Are Explorers be liable to a Guide for payment for any Adventures ordered by a Customer or liable to a Customer to provide any Adventures. Please remember that listing an Adventure as a Guide does not mean that a Customer will contact you or that you will have the opportunity to provide your services for an Adventure.

6.2 Customer Fee Terms. If you purchase an Adventure, you will be asked to provide your credit card information and billing address. Your card will be charged the full amount of such Adventure at that time. If you are required to provide We Are Explorers information regarding your credit card or other payment instrument, you represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges you must let We Are Explorers know within sixty (60) days after the date that we charge you. If We Are Explorers terminates your account and use of the Services because you have breached these Terms of Use, you will not be entitled to the refund of any unused portion of fees or payments (if any).

6.3 Guide Fee Terms. If you are a Guide, We Are Explorers will endeavor to remit Revenue (defined below) to you, less We Are Explorers’s applicable fees (as described on the Site and in the Services), within 10 days of the date of commencement of the Adventure. For purposes hereof, “Revenue” will mean gross revenue actually received by We Are Explorers from its sale of Adventures hereunder, less taxes, refunds, returns, chargebacks and bad debt. All Revenue will be paid to the Guide in accordance with the payment information provided by the Guide to We Are Explorers through the Services, and the Guide is solely responsible for ensuring such information remains accurate and up to date. If the Guide disputes any payments, the Guide must inform We Are Explorers within sixty (60) days after the date that We Are Explorers pays the Guide. If the Guide fails to dispute any payment within the sixty (60) day period, the earlier determinations of We Are Explorers will be deemed irrefutable.

6.4 Refunds and Cancellations. The Refund and Cancellation Policy is hereby incorporated by reference.

6.5 Donations. Some Guides may pledge to donate a portion of the funds they receive to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Guide does in fact make the donation they pledged to make.

6.6 Taxes. You will be responsible for paying any and all taxes applicable to any purchases or sales of Adventures you make on the Site (excluding any taxes on We Are Explorers’s net income).

7. Privacy

The Privacy Policy of We Are Explorers governs the handling, storage and use of any information you submit to us, including credit card billing information. You agree to abide by all terms set forth in the Privacy Policy. The Outbound reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.

8. Password and Account Security

8.1 Responsibility to Maintain Confidentiality. You are solely responsible for maintaining the confidentiality of your password(s) associated with any account you use to access the Services. Accordingly, you understand and agree that you are solely responsible for any and all activities that occur under your account.

8.2 Notification of Unauthorized Use. You agree to (a) immediately notify We Are Explorers at henry@weareexplorers.com.au of any unauthorized use of your username, password or account or any other breach of security, and (b) ensure that you log off and exit from your account at the end of each session when accessing the Services.

8.3 No Liability. We Are Explorers will not be liable for any loss or damage arising from your failure to comply with this Section 8.

9. Intellectual Property

9.1 User Intellectual Property. We Are Explorers does not claim ownership of your Content. You grant We Are Explorers a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed and promote such Content in any form, in any media now known or hereinafter created and for any purpose, subject to the Privacy Policy as described in Section 7. You represent and warrant that you have sufficient rights to grant us this license. You are entirely responsible for each individual item of Content you submit or make available on the Site or the Services, and you agree that such Content may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our users. Accordingly, you agree that we may authorize third parties, for example, entertainment publications, to republish all or parts of your Content for the purpose of promoting your Adventure and / or We Are Explorers. You agree to indemnify and hold We Are Explorers harmless if you do not have the rights in your Content stated in this Section.

9.2 Personal Information. As part of a transaction, you may obtain personal information, including email address, mailing address and phone number information, from another user. Without obtaining prior permission from the other user, this personal information will only be used for that transaction or for We Are Explorers-related communications. We Are Explorers has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any We Are Explorers user to your email or physical mail list.

9.3 Re-posting Content. If you choose to display your own We Are Explorers-Hosted image on another website, the image must provide a link back to its listing page on We Are Explorers.

9.4 Our Intellectual Property. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under Australian and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of We Are Explorers or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Use.

The materials, information and content made available or displayed on the Site or sent to you through the Services, and any derivative works thereof, whether made by us or you (other than Your Content) are proprietary to us or our licensors. Subject to these Terms of Use, we hereby grant you a limited, non-exclusive, non-transferable license to view, use, download and print such Content solely for your personal, informational, non-commercial and internal review and solely in accordance with these Terms of Service. Except for Your Content, you may not: (i) use Content or any part thereof to develop products or technologies similar to the products of We Are Explorers; (ii) reproduce, republish, modify or alter Content; (iii) distribute or sell, rent, lease, license or otherwise make Content available to others; or (iv) otherwise remove any text, copyright or other proprietary notices contained in Content. Any copy of the Content or portion thereof must include all copyright notices, information, and restrictions contained in, or attached to, any of the Content, and you must abide by the foregoing notices and restrictions. We are not responsible to ensure, and disclaim any responsibility for, your ability to open, use or view the Content we provide. As between you and us, we retain all right, title and interest in and to the Content (other than Your Content), and all related intellectual property rights. We reserve all rights not granted in these Terms of Service.

9.5 Use of Our Intellectual Property. You may not systematically retrieve data or other content from the Site 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. You may not display any portion of the Site in a frame (or any content from the Site through in-line links) without our prior written consent, which may be requested by contacting us. You may, however, establish ordinary links to the homepage of the Site without our written permission, and you may make use of embedded HTML “widgets” if we have provided the HTML code.

10. Right to Modify or Discontinue Services

We Are Explorers may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.

11. Disclaimer of Warranties

11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU ACKNOWLEDGE AND AGREE THAT WE ARE EXPLORERS DOES NOT CHECK, VERIFY OR GUARANTEE ANY CUSTOMER, GUIDE, OR OTHER USER’S BACKGROUND OR RECORD.

11.2 IN PARTICULAR, WE ARE EXPLORERS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) THE SERVICES WILL MEET YOUR REQUIREMENTS;

(B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE OR RELIABLE;

(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOU EXPECTATIONS; OR

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE OR ERRORS IN ANY DATA PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

11.3 NO DATA, INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OUTBOUND, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

11.4 WE ARE EXPLORERS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11.5 NOTHING IN THESE TERMS OF USE, INCLUDING THIS SECTION 11 AND SECTION 12, WILL EXCLUDE OR LIMIT THE OUTBOUND’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Limitation of Liability

12.1 SUBJECT TO SECTION 11.5, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE EXPLORERS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES WILL NOT BE LIABLE TO YOU FOR:

(A) ANY INDIRECT, GENERAL, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER INTANGIBLE LOSSES, BODILY INJURY, EMOTIONAL DISTRESS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE;

(B) ANY LOSSES OR DAMAGES WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSSES OR DAMAGES AS A RESULT OF OR ARISING FROM:

(I) THE USE OR INABILITY TO USE THE SERVICES;

(II) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY. RELIABILITY OR EXISTENCE OF ANY LISTINGS;

(III) ANY ADVENTURE, INTERACTION, COMMUNICATION, RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY OTHER USER OF THE SERVICES IN CONNECTION WITH THE SERVICES;

(IV) STATEMENTS, CONDUCT OR OMISSIONS OF YOU, ANY CUSTOMER, GUIDE OR OTHER THIRD PARTY ON OR IN CONNECTION WITH THE USE OF THE SERVICES, WHETHER ONLINE OR OFFLINE;

(V) HARM TO YOU CAUSED IN WHOLE OR IN PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES;

(VI) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING THE SERVICES;

(VII) ANY CHANGES WHICH WE ARE EXPLORERS MAY MAKE TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(VIII) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(IX) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; OR

(X) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

12.2 SUBJECT TO SECTION 11.5, IN NO EVENT WILL WE ARE EXPLORERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID WE ARE EXPLORERS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) TEN DOLLARS ($10.00).

12.3 THE LIMITATIONS ON THE WE ARE EXPLORERS’ LIABILITY TO YOU IN THIS SECTION 12 WILL APPLY WHETHER OR NOT WE ARE EXPLORERS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

13. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD WE ARE EXPLORERS (AND EACH OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) HARMLESS FROM ANY THIRD-PARTY CLAIM, DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ALLEGING FACTS OR CIRCUMSTANCES THAT, IF TRUE, COULD CONSTITUTE YOUR BREACH OF ANY OF THESE TERMS OF USE OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. WE ARE EXPLORERS WILL CONTROL ANY SUCH DEFENSE AND RELATED SETTLEMENT AND YOU WILL REASONABLY ASSIST US THEREWITH AT YOUR EXPENSE.

14. No Agency

You and WE ARE EXPLORERS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

15. Copyright Infringement

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please send your complaint to us with the following information:

·         An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·         A description of the copyrighted work that you claim has been infringed;

·         A description of where the material that you claim is infringing is located on the Site or Services;

·         Your address, telephone number, and email address;

·         A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

·         A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

16. Electronic Communications.

We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 16 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

17. General Terms

You are responsible for compliance with all applicable laws. The Terms of Use and the relationship between you and We Are Explorers will be governed by the laws of the New South Wales, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any court in Australia. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. Except as expressly provided in Section 2.7 of this Agreement, there are no intended third party beneficiaries of this Agreement

18. Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause

All controversies, disputes, demands, counts, claims, or causes of action between you and We Are Explorers arising out of, under, or related to these Terms of Use or our privacy practices (including any action we take or authorize with respect to information about or provided by you) will be settled exclusively through binding arbitration.

·         You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

·         You and We Are Explorers must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration will be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration will be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and We Are Explorers, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR WE ARE EXPLORERS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, We Are Explorers will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) We Are Explorers also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator will honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or We are Explorers will be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/We Are Explorers customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.

·         Notwithstanding the foregoing, either you or We Are Explorers may bring an individual action in small claims court. In addition, if you are a user outside of the Australia, the dispute resolution provision in our Privacy Policy (if any), and not this arbitration provision, will apply to any disputes related to privacy. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret will not be subject to this arbitration provision. Such claims will be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in New South Wales. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures will not be deemed a waiver of the right to arbitrate.

·         With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor We Are Explorers will be entitled to arbitration.

19. Survival

Sections 2.4 (Release), 6 (Payment; Fees), 9 (Intellectual Property), 7 (Privacy), 11 (Disclaimer of Warranty), 12 (Limitation of Liability), 13 (Indemnity), 14 (No Agency), 165 (Electronic Communications), 17 (General Terms), 18 (Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause) and 21 (Feedback), as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Content provided by us, Our Technology and the Services will survive any termination or expiration of these Terms of Use.

20. Reporting Misconduct

If you use the service of a Guide or provide a service to any Customer who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who you suspect of stealing from you, or who engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to We Are Explorers by contacting us with your police station and report number at henry@weareexplorers.com.au; 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.

21. Feedback; Questions

Please contact us to report any violations of these Terms of Use or to ask any questions regarding these Terms of Use. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

 

PRIVACY

 

Your privacy is very important to us. Accordingly, we have developed this privacy policy (as updated and amended from time to time, this “Privacy Policy”) in order for you to understand how we collect, use, communicate and disclose personal information. In this Privacy Policy, “Personal Information” means information about you that is personally identifiable to you, including your name, street address, email address, phone number and other non-public information that is associated with such information.

A Note For Users Outside of Australia. Your Personal Information may be processed in the country in which it was collected and in other countries, including the Australia, where laws regarding processing of Personal Information may not be as robust as the laws in your country.

In accordance with the Children’s Online Privacy Protection Act, we do not collect or maintain Personal Information directly from people we actually know are under 13 years of age. Parents or other adults may provide us information about children under the age of 13 who will participate in a We Are Explorers and we will protect that information in the same way that we protect your Personal Information. If we learn that a child under the age of 13 provided us his or her Personal Information, we will take steps to remove that the child’s Personal Information from our databases and to prevent the child from utilizing the Site and the Services.

Information Collected and How it is Used

Personal Information. We Are Explorers collects Personal Information from you when you voluntarily provide such information through the Services (e.g. when you choose to Guide or purchase an Adventure, utilize messaging services, register for newsletters or contact us with inquiries). This includes, but is not limited to, your name, email address, location and phone number but does not include your credit card number or billing information that you provide as part of transactions. All transactions are processed by service providers like Stripe or PayPal, and we will not have access to or see your credit card information as part of such transaction. We Are Explorers will not sell or disclose your name or email address to third parties without your explicit consent or authorization, except as specified in this Privacy Policy. You may alternatively connect to our Site through Facebook or another social networking service, in which case we may collect your name and other information that you authorize from that social networking service. You can choose not to provide us with certain information, but this may limit the features of the Site or Services you are able to use.

We may use your Personal Information to:

·         Administer your account and provide you with Services and customer support;

·         Tailor the features, content, performance and support of the Site or Services to you;

·         Both on and off the Site, market our products and services (and those of third parties) to you that we believe may be of interest.

·         Respond to your requests, resolve disputes and/or troubleshoot problems;

·         Verify your compliance with your obligations in our Terms of Use;

·         Improve the quality of the Site and the Services; and

·         Communicate with you about the Site and the Services.

We may also use your Personal Information to create aggregate or non-personally identifiable information by excluding information that makes the information personally identifiable to you.

Non-Personally Identifiable or Aggregated Data. When you interact with We Are Explorers through the Services, We Are Explorers automatically receives and records certain non-personally identifiable information, including your IP address, browser type, access times and the pages you request. We Are Explorers may use such information to track, for example, the total number of visitors to the Site, the number of visitors to each page of the Site, the domain names of our visitors’ Internet service providers and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve the users of the Services, We Are Explorers often conducts research on its customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis. We Are Explorers may share this non-personally identifiable data in its discretion, including with its affiliates, agents and business partners, but this type of non-personally identifiable information will not identify you personally. We Are Explorers may also disclose anonymized user statistics in order to describe the Services to current and prospective business partners and to other third parties for other lawful purposes. We may also use your non-personally identifiable information to improve our internal operations and customize the content and layout of the Site and/or Services.

Cookies. A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a website’s computers and stored on your computer’s hard drive. When you visit the Site, we send one or more cookies to your computer or other device. We use cookies to improve the quality of the Services, including for storing user preferences and tracking user trends, such as how people search. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.

Third Party Cookies. We may use third party tracking services to track and analyze non-personally identifiable information associated with users of our Site and Services. Such third parties may use Cookies to help track user behavior. Additionally, we may also enable advertisers and ad servers to promote third-party products and/or services by placing advertisements through the Services or on third party websites. These advertisers and ad servers may use Cookies in order to monitor information related to served advertisements. Clicking on such advertisements will direct you to the website of a third-party and the advertiser. This Privacy Policy does not cover the privacy practices of any advertisers or ad servers. Ad networks and ad servers authorized by us are contractually required to collect and use such information in accordance with applicable law and industry practice. You can opt-out of receiving targeted advertising of this kind by clicking on the Advertising Option icon that appears on ads that you see and following directions on how to opt-out.

Service-related Announcements

We Are Explorers may send you a welcome/confirmation email when you sign up for the Services. We Are Explorers may use Personal Information to contact you to promote Services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt-out” of receiving future promotional communications. We may also send you service-related communications, which are not promotional in nature. For example an email message confirming your We Are Explorers or message saying your We Are Explorers has been cancelled. You may not opt-out of these service-related communications.

Our Use of Social Networking Services

We have created interfaces that allow you to connect with social networking services such as Facebook and Twitter (“SNS”) through our Site and Services. We work with the SNS’s application protocol interface (better known as their developer API) in a way that allows you to authorize us to access your account on that SNS on your behalf. In order to provide this authorization, you do not provide us with your user name or password to the SNS, but you will need to log-in to that SNS directly through our Site. Once authorized by you, the SNS provides us a token that allows the SNS to recognize us when we ask, on your behalf, for access to your account information or to post information. For example, when you click “Connect” to grant We Are Explorers access to your Facebook account, we will import your name and other information from Facebook. Similarly, when you click “Like”, we will post the applicable information to your Facebook account. You can revoke our access to any SNS at any time by amending the appropriate settings from within your account settings on the applicable SNS.

 

Guide Profile

If you choose to Guide an Adventure, your profile, including your full name and bio, is displayed on the Site (and so available to the public) and is connected to all of your offered Adventures. Any information you choose to provide as part of your profile should reflect how much you want other We Are Explorers users to know about you. We recommend that you guard any sensitive information and we encourage Guides to think carefully about what information they disclose in their profile. You can revise your profile information at any time by contacting us or by messaging support through the Site. Other people can see your Adventures for sale, feedback, ratings and associated comments. As this information is intended by you to be made publicly available, it will not be considered Personal Information under this Privacy Policy, even though it contains Personal Information. We may use and disclose this information on the Site and through the Services in connection with your Profile.

As a Guide, other users may provide personally identifiable information about you and your Adventure, but we will not consider it to be your Personal Information. We do not control this information and you may not be able to access, modify or request the deletion of such information as long as you remain a Guide.

 

Restriction on Users’ Use of Personal Information

As part of a transaction, you may obtain Personal Information, including email address, mailing address and phone number information, from another user. Without obtaining prior permission from the other user, this Personal Information shall only be used for that transaction or for We Are Explorers-related communications. We Are Explorers has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any We Are Explorers user to your email or physical mail list.

Disclosure of Your Personal Information to Third Parties

In certain circumstances, we may share your Personal Information with certain third parties without further notice to you, as set forth below:

Other Users. As part of a transaction, we may disclose to other users (e.g., Guides or other participants in any We Are Explorers in which you participate) or other users may otherwise obtain your Personal Information, including email address, mailing address and phone number information. You agree that although we contractually limit how such user may use your Personal Information, we cannot control such use. We will not be liable for any use of your Personal Information to other users, including Guides. WE ARE EXPLORERS DOES NOT EVALUATE ANY GUIDE’S PRIVACY PRACTICES AND WE WILL NOT HAVE ANY LIABILITY FOR ANY ACTIONS OF ANY GUIDE.

Business Transfers. As we develop our business, We Are Explorers may choose to buy or sell assets or businesses. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets. In such an event, We Are Explorers will notify you by email or by putting a prominent notice on the Site before information about you is transferred and becomes subject to a different privacy policy.

Agents, Consultants and Related Third Parties. We Are Explorers sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Affiliates. We Are Explorers may disclose your Personal Information to a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), in the event we have such Affiliates in the future, in which case we will require our Affiliates to honor this Privacy Policy;

Legal Requirements. We Are Explorers may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect or defend the rights or property of We Are Explorers, (iii) investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or the public, violations of We Are Explorers’ Terms of Use, or (iv) protect against legal liability.

Editing and Deleting Account Information

If your personally identifiable information changes, you may correct or update it by logging into your account on the Site, by emailing us or by messaging support via the Site). You must promptly update any information that you have provided to us if it changes or becomes false or inaccurate. You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy, and you agree that we are under no obligation to delete or modify information that you have previously chosen to provide us. Please remember, however, if we have already disclosed some of your Personal Information to third parties, we cannot access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

You may delete or deactivate your account by emailing us or by messaging support via the Site. We Are Explorers will use reasonable efforts to respond to your request within 10-20 business days. Please note that your identification, billing and contact information may remain in We are Explorers records for some period to comply with laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take other actions otherwise permitted by law.

Security

The security of your Personal Information is important to us. We Are Explorers takes reasonable steps to protect the Personal Information submitted to us via the Site, both during transmission and once We Are Explorers receives it. We Are Explorers uses reasonable efforts to limit access to Personal Information about you to employees who We Are Explorers believes reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Personal information is password-protected. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, We Are Explorers cannot guarantee absolute security of your Personal Information and you should take special care in deciding what information you send to us in this way. If you have any questions about security on the Site, you can email We Are Explorers or message support via the Site.

Exclusions

This Privacy Policy does not apply to any Personal Information collected by We Are Explorers other than Personal Information collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to We Are Explorers through the Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as comments or bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and We Are Explorers shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

Privacy Policies of Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information We Are Explorers  collects from you. If you disclose your information to others, whether they are customers or Guides on We Are Explorers or throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. We Are Explorers does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We Are Explorers is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the Site. We Are Explorers encourages you to ask questions before you disclose your Personal Information to others.

Changes to this Privacy Policy

The Services may change from time to time. As a result, at times it may be necessary for We Are Explorers to make changes to this Privacy Policy. We reserve the right to modify this Privacy Policy, effective upon posting of an updated version of this Privacy Policy on this page of the Site. You are responsible for reviewing the most recent version of this Privacy Policy and remaining informed about any modifications.

Feedback:

Please contact us by messaging support via the Site to report any violations of this Privacy Policy or to ask any questions regarding this Privacy Policy.