WorldBuddy Terms of Use  

Last updated: January 4th, 2024 

 

Welcome to the WorldBuddy websites and mobile applications, located at https://www.worldbuddy.ca/ and applicable country top level domains (including sub-domains associated with them), related software applications, data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Services” or the “Service”; more generally, the WorldBuddy websites and applications shall hereinafter be referred to herein as “applications”). The Services are offered to you conditioned upon your acceptance of the Terms of Use set forth below (collectively with any WorldBuddy rules, guidelines and policies referred to in these Terms of Use, including our Privacy Policy, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorized to use our applications or the Services. If you have a WorldBuddy account and wish to terminate this Agreement, you can do so at any time by closing your account in your account settings and no longer accessing or using the Services. 

Any information, text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. The terms “we”, “us”, “our” and “WorldBuddy” refer to WorldBuddy Travel Inc., a Prince Edward Island limited liability company located in Canada.  “Services” as defined above refers to those provided by WorldBuddy Travel Inc. or our corporate affiliates (together, “WorldBuddy”).  

The terms “you”, “yours” and words of similar meaning refer to the individual, company, business organisation or other legal entity using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours” and/or “Content you submit” or words of similar meaning. 

The Services are provided solely for personal educational, informational and entertainment purposes, to assist our users in posting, searching for, viewing and gathering travel information. 

 

AMENDMENT OF THE AGREEMENT 

We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the top of these Terms of Use, and any revisions will take effect on the stated effective date, or if none is stated, upon posting. We will notify registered users of our Services (such registered users to be referred to as “Account Holders”) of material changes to the Agreement by either sending a notice to the email address associated with the Account Holder’s profile or by placing a notice on our applications. Be sure to return to our applications periodically to review the most current version of this Agreement.  

 

YOUR USE OF THE SERVICES 

As a condition of your use of the Services, you warrant that (i) all information that you supply via the Services to WorldBuddy is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement in order to register for an account, use the Services and contribute to our applications), and (iv) you possess the legal authority to enter into this Agreement and to use the Services in accordance with all terms and conditions herein. WorldBuddy does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with WorldBuddy. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement. 

Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of WorldBuddy. To request permission, please direct your request to “Director, Partnerships and Business Development” at the contact information set out at the bottom of these Terms of Use. 

In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.

If you are creating a WorldBuddy account on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your”, and words of similar meaning, as used in this Agreement shall refer to such entity and the individual acting on behalf of the company, organisation or other legal entity. 

Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that WorldBuddy may place advertising and promotions on the Services alongside, near, adjacent or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others. 

 

ADDITIONAL PRODUCTS; OTHER AGREEMENTS 

WorldBuddy may, from time to time, decide to change, update or discontinue products and features of the Services. You agree and understand that WorldBuddy has no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law. 

We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services. 


PURCHASES

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.


SUBSCRIPTIONS

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or WorldBuddy Travel Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting WorldBuddy Travel Inc. customer support team.

A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide WorldBuddy Travel Inc. with accurate and complete billing information including full name, address, state or province, zip code or postal code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize WorldBuddy Travel Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, WorldBuddy Travel Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.


FREE TRIAL

WorldBuddy Travel Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by WorldBuddy Travel Inc. until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, WorldBuddy Travel Inc. reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.


FEE CHANGES

WorldBuddy Travel Inc., in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

WorldBuddy Travel Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.


REFUNDS

Except when required by law, paid Subscription fees are non-refundable.


OUR PRIVACY POLICY

By entering into the Agreement or using the Services, you agree to our collection, use and disclosure of the information that you post on or otherwise provide to us in your use of the Services or our applications in accordance with our Privacy Policy.  Click here to view our Privacy Policy.  

 

YOUR LICENCE TO US OF YOUR CONTENT 

Please be aware that by providing your Content to or through the Services, whether via email, via our applications, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your WorldBuddy account by virtue of any WorldBuddy product or service, and for clarity including any reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any of your Content, you grant WorldBuddy a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to, subject to our Privacy Policy and this Agreement and for the purpose of operating, improving and promoting our Services, host, use, reproduce, edit, revise, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised.  This license gives us the right to make your Content available to the rest of the world for these purposes, and to let others do the same, including other companies, organizations or individuals, and for the syndication, broadcast, distribution, promotion or publication of such Content of yours on other media and services.  You acknowledge that WorldBuddy may choose to provide or refrain from providing attribution of your Content, at our discretion. You further grant WorldBuddy the right to pursue at law any person or entity that violates your or WorldBuddy’s rights in your Content by a breach of this Agreement. You acknowledge and agree that, subject to our Privacy Policy and this Agreement, your Content is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licences, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for WorldBuddy to publish and otherwise use) your Content as authorised under this Agreement.  For clarity, except for Content that is deleted on termination of your WorldBuddy account, our rights to use the Content that you provide to or through the Services survive the cancellation of your account with us and the termination of this Agreement. See below under “Changes to The Services; Suspension; Termination” for information on how we deal with your Content on termination of your WorldBuddy account. 

If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by WorldBuddy or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release WorldBuddy and its licensees, successors and assigns, from any claims that you could otherwise assert against WorldBuddy by virtue of any such moral rights. 

Note that any feedback and other suggestions you provide to us may be used by us at any time in any way without payment to you, and we are under no obligation to keep them confidential. 

 

PROHIBITED ACTIVITIES 

The Content available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content, is proprietary to WorldBuddy or licensed to WorldBuddy by third parties. For all Content available on and through the Services other than your Content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services, except for your own personal use and in connection with the ordinary use of the Services as permitted in this Agreement. Additionally, you agree not to, without our express prior consent:  

  • (i) use the Services or Content for any commercial purpose, outside the scope of any commercial purposes explicitly permitted under this Agreement and related guidelines as made available by WorldBuddy; 
  • (ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission; 
  • (iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services; 
  • (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; 
  • (v) deep-link to any portion of the Services for any purpose without our express written permission; 
  • (vi) “frame”, “mirror” or otherwise incorporate any part of the Services into any other websites or service without our prior written authorisation; 
  • (vii) attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by WorldBuddy in connection with the Services; 
  • (viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or 
  • (ix) download any Content unless it’s expressly made available for download by WorldBuddy. 

 

REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS 

The Services may contain discussion forums, bulletin boards, review services, travel feeds or other forums in which you may post your Content, such as reviews of travel experiences, messages, materials or other items (“Interactive Areas”). If WorldBuddy provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Except as set out in our Privacy Policy, WorldBuddy does not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area.  To the extent that WorldBuddy provides any form of private communication channel between Account Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services. 

You understand that WorldBuddy has no obligation to edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other Interactive Areas, or any user Content that appears on the applications, and will not be in any way responsible or liable for such user messaging or Content.  WorldBuddy nevertheless reserves the right to edit, revise, suspend, or remove without notice any such user messaging or other Content from the Services, where we believe in good faith that such messaging or other Content breaches this Agreement or otherwise believe the editing, revision, suspension, or removal is reasonably necessary to safeguard the rights of WorldBuddy, including our brand and reputation and our delivery of a satisfactory user experience to our users, and/or other users of the Services. Should you disagree with the editing, revision, suspension, or removal of your Content from the applications, you may contact WorldBuddy at the contact information below to make your objections.  By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with this Agreement, and WorldBuddy’s published guidelines as are in force at the time of submission and available on our applications or otherwise made available to you by WorldBuddy.   

You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that: 

  1. is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; 
  2. would reasonably be expected to expose any user of that Content to the risk of any danger, harm, injury, loss or liability; 
  3. is patently offensive, such as that which promotes racism, bigotry, hatred or harm of any kind against any group or individual; 
  4. would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law;
  5. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
  6. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  7. constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
  8. impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including WorldBuddy;
  9. is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers.  Note that an individual’s surname (family name) may be posted to our applications, but only where express permission of the identified individual has been secured beforehand;
  10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  11. includes or may facilitate viruses, corrupted data or other harmful, disruptive or destructive code or files;
  12. is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  13. in the sole judgment of WorldBuddy, (a) violates the previous subsections herein, (b) violates WorldBuddy’s related guidelines, (c) is objectionable, (d) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or (e) may expose WorldBuddy or its users or any other person or group to any harm, loss, damage or liability of any type. 

The Content available through our Services is provided for educational, informational and entertainment purposes.  While the Content may include ratings, reviews and recommendations of locations, events, venues and experiences, WorldBuddy does not endorse or recommend the products or services of any third-party suppliers, including the hosts and operators of the foregoing. WorldBuddy takes no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party including our licensors and suppliers and any other user of the Services (in the case of any and all Content more generally), or for any loss or damage thereto or caused thereby, nor is WorldBuddy liable for any errors, mistakes, deliberately wrongful Content, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or other harmful or dangerous Content you may encounter through the applications. As a provider of interactive services, WorldBuddy is not liable for any statements, representations or any other Content provided by its users (including by you as to your Content) in the applications or any other forum. Although WorldBuddy has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, WorldBuddy reserves the right, and has absolute discretion, to remove, screen, translate, , suspend, revise or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense. 

Any use of the Interactive Areas or other aspects of the Services in violation of the Agreement may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally. 

 

OUR LIABILITY IS STRICTLY LIMITED 

PLEASE READ THIS SECTION CAREFULLY. 

THIS SECTION LIMITS WORLDBUDDY’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SERVICES. 

THE CONTENT, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON OR OTHERWISE PROVIDED VIA THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, AND WORLDBUDDY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THEM, INCLUDING ANY INFORMATION AND DESCRIPTIONS OF THE ACCOMMODATION, AIR, CRUISE, RESTAURANT OR ANY OTHER TRAVEL EXPERIENCES DISPLAYED ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF ACCOMODATION, EXPERIENCE, AIR, CRUISE, RESTAURANT OR OTHER TRAVEL PRODUCT AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.).  

WORLDBUDDY MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE SERVICES, INCLUDING THE CONTENT OR ANY PORTION THEREOF, FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICE OFFERINGS ON ITS APPLICATIONS OR OTHERWISE THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICE OFFERINGS BY WORLDBUDDY. ALL CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICE OFFERINGS MADE AVAILABLE BY OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WORLDBUDDY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND THAT THE SERVICES, ITS SERVERS OR ANY CONTENT OR OTHER DATA (INCLUDING EMAIL) SENT FROM OR PROVIDED BY WORLDBUDDY ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WORLDBUDDY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.  

WORLDBUDDY ALSO EXPRESSLY DISCLAIM ANY WARRANTY, REPRESENTATION OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE CONTENT AVAILABLE BY AND THROUGH THE SERVICES.

SUBJECT TO THE FOREGOING, YOU USE OUR SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL WORLDBUDDY (OR OUR OFFICERS, DIRECTORS AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, AGGRAVATED, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR FOR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON CONTENT INCLUDING DIRECTIONS, NAVIGATION INSTRUCTIONS, REVIEWS, OPINIONS OR RECOMMENDATIONS APPEARING ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS, TROJAN HORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICES; LOSS OF LIFE, PERSONAL INJURY TO YOURSELF OR ANY OTHER PERSON FOR WHOM YOU ARE RESPONSIBLE, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WORLDBUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If WorldBuddy is found liable for any loss, damage or liability that arises out of or is in any way connected with your use of the Services, then WorldBuddy’s liability will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to WorldBuddy for the transaction(s) on or through the Services giving rise to the claim, or (b) One-Hundred Dollars (CAD$100.00). 

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose, and even in the event of fundamental breach.  

THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FOR EXAMPLE UNDER CONSUMER PROTECTION LAWS IN PLACE IN CERTAIN COUNTRIES. 

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY. THE LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW. 

 

YOUR INDEMNIFICATION OF US  

You shall defend and indemnify WorldBuddy and any of our officers, directors, employees, licensors, suppliers and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: 

  • (i) your breach of this Agreement or the documents referenced herein; 
  • (ii) your violation of any law or the rights of a third party;  
  • (iii) your Content; or 
  • (iii) your use of the Services, including WorldBuddy’s applications. 

 

LINKS TO THIRD-PARTY SITES  

The Services may contain links to websites, applications and services operated by parties other than WorldBuddy. Such links are provided for your reference only. WorldBuddy does not control such websites, applications and services and are not responsible for their contents or the privacy or other practices of such websites, applications and services. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website or application) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. WorldBuddy’s inclusion of links to such websites, applications and services does not imply any endorsement of the material on such third party websites, applications and services or any association with their operators. Where WorldBuddy provides details of fees or charges for such third party websites, applications or services, such information is provided for convenience and information purposes only. Any interactions with third party websites, applications and services are at your own risk. You expressly acknowledge and agree that WorldBuddy is in no way responsible or liable for any such third party websites, applications and services. 

In some cases, you may be asked by a third-party site or app to link your WorldBuddy account profile to a profile on another third-party site. You are responsible for deciding if you choose to do so, it is purely optional, and the decision to allow this information to be linked can be disabled (with the third-party site or app) at any time. If you do choose to link your WorldBuddy account to a third party site or app, the third party site or app will be able to access the information you have stored on your WorldBuddy account, including information regarding other users with whom you share information. You should read the terms and conditions and privacy policy of the third party sites and applications that you visit as they have rules and permissions about how they use your information that may differ from the Services, including our applications. We encourage you to review these third party sites and applications and to use them at your own risk. 

 

SOFTWARE AS PART OF SERVICES; ADDITIONAL MOBILE LICENCES 

Software obtained through the Services is further subject to export controls. You agree that you will not export, reexport, transfer, or use such software in violation of applicable export or import laws or regulations, economic sanctions laws or regulations, or other applicable laws or regulations; any violation of the foregoing may result in immediate suspension or termination of the Agreement and your use of the Services.  By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any export control or embargo list under the laws of Canada or the United States. 

As noted above, the Services include software.  Any software that is made available to download from the Services (“Software”) is the copyrighted work of WorldBuddy or other party as identified. Your use of such Software is governed by the terms of the end user licence agreement, if any, which accompanies, or is included with, the Software. You may not install or use any Software that is accompanied by or includes a licence agreement unless you first agree to the terms of such licence agreement. For any Software made available for download by way of the Services and which is not accompanied by a licence agreement, we hereby grant to you, the user, a limited, personal, nontransferable licence to use the Software for viewing and otherwise using the Services in accordance with this Agreement (including those policies referenced herein) and for no other purpose. 

Please note that the Software is owned or licensed by WorldBuddy, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.  

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENCE AGREEMENT OR THIS AGREEMENT (AS APPLICABLE). 

 

COPYRIGHT AND TRADEMARK NOTICES

WorldBuddy, our logos, and all other product or service names or slogans displayed on the Services are registered and/or common law trademarks of WorldBuddy and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WorldBuddy or the applicable trademark holder. In addition, the look and feel of the Services, including our applications, as well as all page headers, custom graphics, button icons and scripts related to same, is the service mark, trademark and/or trade dress of WorldBuddy and may not be copied, imitated or used, in whole or in part, without the prior written permission of WorldBuddy. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WorldBuddy. 

All rights reserved. WorldBuddy is not responsible for content on websites operated by parties other than WorldBuddy. 

 

ILLEGAL CONTENT 

If you have any complaints or objections to Content, including user messages posted on the Services, or if you believe that material or content posted on the Services infringes a copyright that you hold, please contact us immediately at the contact information at the bottom of this Agreement. Once this procedure has been followed, WorldBuddy will respond to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time. 

 

CHANGES TO THE SERVICES; SUSPENSION; TERMINATION 

WorldBuddy may change, suspend or discontinue any aspect of the Services at any time, including availability of any of the Services’ features, databases or Content. WorldBuddy may also impose limits or otherwise restrict your access to all or parts of the Services without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where WorldBuddy considers in its sole discretion that you are in breach of any provision of this Agreement or of any law or regulation and where WorldBuddy decides to discontinue providing any aspect of the Services. 

WorldBuddy may terminate this Agreement with you at any time, without notice, for any reason or without reason, including where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of WorldBuddy and/or others users of the Services, or when it determines to cease providing the Services. That means that we may stop providing you with Services at any time, with or without notice. 

If you have a WorldBuddy account and wish to terminate this Agreement, you can do so at any time by closing your account in your account settings and no longer accessing or using the Services. 

On termination of your WorldBuddy account, we will within a reasonable period of time delete your Content from our servers and the Service, provided that any of your Content that is viewable on public areas of the Service may remain on the Service at our discretion, though we may remove any attribution of that Content to your deleted WorldBuddy account. In addition, due to our distributed implementation of our Service, artifacts of your private Content may remain on our systems for some time after you delete your WorldBuddy account. We will delete those artifacts in due course in accordance with our standard platform maintenance practices. 

 

JURISDICTION AND GOVERNING LAW 

Our applications are owned and controlled by WorldBuddy Travel Inc., a Prince Edward Island limited liability company. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the Province of Ontario, Canada. Subject to this paragraph, you hereby consent to the exclusive jurisdiction and venue of courts in Ontario, Canada in the city of Toronto and stipulate to the fairness and convenience of proceedings in such courts for all disputes, both contractual and non-contractual, arising out of or relating to the use of the Services by you or any third party. You agree that all claims you may have against WorldBuddy arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction located in the City of Toronto, Ontario, Canada. Use of the Services is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Nothing in this clause shall limit the right of WorldBuddy to take proceedings against you in any other court, or courts, of competent jurisdiction. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction – in particular, if you are using the Services as a consumer – and this cannot be excluded by contract and will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable.  

 

CURRENCY CONVERSION 

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied is believed to be accurate, but WorldBuddy does not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution and use of this information for commercial purposes. 

 

GENERAL PROVISIONS 

We reserve the right to reclaim any username, account name, nickname, handle or any other user identifier assigned by the Services or that you choose to use in the Services for any reason without liability to you. 

You agree that no joint venture, agency, partnership or employment relationship exists between you and WorldBuddy and/or its corporate affiliates as a result of this Agreement or use of the Services. 

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in this Agreement shall continue in effect. 

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and WorldBuddy with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and WorldBuddy with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The following sections shall survive any termination of this Agreement: 

  • Amendment of the Agreement 
  • Your Use of the Services 
  • Additional Products; Other Agreements 
  • Our Privacy Policy 
  • Your License to Us of Your Content
  • Prohibited Activities 
  • Reviews, Comments and Use of Other Interactive Areas 
  • Our Liability is Strictly Limited 
  • Your Indemnification of Us 
  • Software as Part of Services; Additional Mobile Licences 
  • Copyright and Trademark Notices 
  • Illegal Content 
  • Changes to The Services; Suspension; Termination 
  • Jurisdiction and Governing Law 
  • General Provisions 
  • Help and Contacting Us 

 

You confirm that you prefer this Agreement and any related documents be in English. Vous confirmez préférer que cette convention et les documents s’y rattachant soient rédigés en anglais. 

Fictitious names of companies, products, people, characters and/or data mentioned in, on or through the Services are not intended to represent any real individual, company, product or event. 

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 

You are prohibited from transferring any of your rights or obligations under this Agreement to anyone else without our consent. 

Any rights not expressly granted herein are reserved. 


ACKNOWLEDGEMENT

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

 

HELP AND CONTACTING US 

For answers to your questions contact us at: 

WorldBuddy Travel Inc. 

81 Birkallum Drive 

Mermaid, PE, C1B 0T8, Canada 

joinworldbuddy@gmail.com 

 

Please note that WorldBuddy does not accept legal notices or service of legal process by any means other than hard copy post delivered to the address immediately above.