Wegether Terms of Use

Effective: August 26th, 2021

These Terms of Use ("Terms") govern your worldwide access or use of the applications, websites, content, products, and services (henceforth referred to as "Services," more fully defined below in Section 3) made available by Wegether Technologies LLC and its representatives, affiliates, officers and directors (henceforth referred to as "Wegether"). 

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND WEGETHER. 

In these Terms, the words "including" and "include" mean "including, but not limited to, ” and by accessing or using any and all of Wegether’s Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use any and all of Wegether’s Services. These Terms expressly supersede prior agreements or arrangements between you and Wegether. Wegether may immediately terminate these Terms or any and all of its Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city’s webpage on wegethertravel.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Wegether may amend the Terms from time to time. Amendments will be effective upon Wegether's posting of such amendments at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of any and all of Wegether’s Services after such posting confirms your consent to be bound by the Terms, as amended. If Wegether changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Wegether written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date at the top of these Terms. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, at Wegether Technologies LLC, 1 Grove St. #812553, Wellesley, MA 02482, or (b) by email from the email address associated with your Account to: contact@wegethertravel.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

Wegether’s collection and use of personal information in connection with its Services is described in Wegether's Privacy Policy.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH WEGETHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Wegether on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Wegether, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Wegether by someone else.

You and Wegether agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of Wegether’s Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Wegether, and not in a court of law.

You acknowledge and agree that you and Wegether are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Wegether otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Wegether each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Arbitration between you and Wegether will be administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (henceforth referred to as "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. If you reside outside of the United States, the International Centre for Dispute Resolution (ICDR) will instead administer the arbitration between you and Wegether in accordance with the ICDR International Dispute Resolution Procedures (ICDR Rules). The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the U.S. Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA or ICDR Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA or ICDR Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws and Constitution of the Commonwealth of Massachusetts.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules or if applicable, the ICDR Rules. (The AAA provides a form for the Demand for Arbitration in the Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the Commonwealth of Massachusetts and will be selected by the parties from the AAA's or if applicable, the ICDR’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA/ICDR will appoint the Arbitrator in accordance with the AAA/ICDR Rules.

Unless you and Wegether otherwise agree, the arbitration will be conducted in the United States county where you reside, or if you reside outside the United States, the ICDR will instead conduct the international arbitration. If your claim does not exceed $10,000 U.S. Dollars (USD), then the arbitration will be conducted solely on the basis of documents you and Wegether submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000 USD, your right to a hearing will be determined by the AAA or if applicable, the ICDR Rules. Subject to the AAA or if applicable, the ICDR Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The Arbitrator will render an award within the time frame specified in the AAA/ICDR Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorney fees and expenses, to the extent provided under applicable law. Wegether will not seek, and hereby waives all rights Wegether may have under applicable law to recover, attorney fees and expenses if Wegether prevails in arbitration.

Your responsibility to pay any AAA/ICDR filing, administrative and arbitrator fees will be solely as set forth in the AAA/ICDR Rules. However, if your claim for damages does not exceed $500 USD, Wegether will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in U.S. Federal Rule of Civil Procedure 11(b)).

Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Wegether changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Wegether written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process at Wegether Technologies LLC, 1 Grove St. #812553, Wellesley, MA 02482, or (b) by email from the email address associated with your Account to: contact@wegethertravel.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Wegether in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Wegether’s Services comprise mobile applications and related services such as website, content, and products (each, an "Application"), which enable users to arrange and schedule travel activities, itineraries, transportation, and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Wegether or certain of Wegether's affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive transportation, and/or delivery of services and goods for an upfront price or for a prepaid amount, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Wegether in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY OF GOODS AND SERVICES THROUGH THE USE OF WEGETHER’S SERVICES DOES NOT ESTABLISH WEGETHER  AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.

Subject to your compliance with these Terms, Wegether grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) access and use Wegether’s Applications on your personal device solely in connection with your use of Wegether’s Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Wegether and Wegether's licensors.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of Wegether’s Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Wegether’s Services except as expressly permitted by Wegether; (iii) decompile, reverse engineer or disassemble Bemm’s Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of Wegether’s Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Wegether’s Services or unduly burdening or hindering the operation and/or functionality of any aspect of Wegether’s Services; or (vi) attempt to gain unauthorized access to or impair any aspect of Wegether’s Services or its related systems or networks; (vii) publicly disclose directly or through a third party the results of any compatibility or comparative testing, benchmarking, or evaluation of Wegether’s Services (henceforth each referred to as a “Test”) unless the disclosure includes all information necessary for Wegether or a third party to replicate the Test where then Wegether (or a Wegether directed third party) may also conduct Tests of any publicly available cloud products or services provided by you and publicly disclose the results of any such Test (including all information necessary for you or a third party to replicate the Test).

You acknowledge that portions of Wegether’s Services may be made available under Wegether's various brands or request options associated with travel activities, transportation or logistics, including the transportation request brands currently referred to as "Wegether," “Wegether Technologies,” and "Wegether Travel." You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Wegether's subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.

Wegether’s Services may be made available or accessed in connection with third party services and content (including advertising) that Wegether does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Wegether does not endorse such third party services and content and in no event shall Wegether be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access Wegether’s Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of Wegether’s Services in any manner. Your access to Wegether’s Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

Wegether’s Services and all rights therein are and shall remain Wegether's property or the property of Wegether's licensors. Neither these Terms nor your use of Wegether’s Services convey or grant to you any rights: (i) in or related to Wegether’s Services except for the limited license granted above; or (ii) to use or reference in any manner Wegether's company names, logos, product and service names, trademarks or services marks or those of Wegether's licensors.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Wegether certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Wegether. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use Wegether’s Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Wegether in writing, you may only possess one Account.

Wegether’s Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services and goods, transportation, or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using Wegether’s Services, and you may only access or use Wegether’s Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of Wegether’s Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use Wegether’s Services, and you agree that you may be denied access to or use of Wegether’s Services if you refuse to provide proof of identity or other method of identity verification.

Your utilization of Wegether's Service encompasses various interactions between you and any other party using Wegether's Service, the content you generate within the application, and any data or information generated through Wegether's Service. By accepting and using Wegether's Service, you expressly agree not to engage in impersonation or provide false information. It is imperative that you, to the best of your abilities, furnish timely and accurate information.

Furthermore, you are prohibited from utilizing Wegether's Services to disseminate messages or engage in any activities that are unlawful, misleading, pornographic, abusive, or fraudulent. Should your use of Wegether's Services breach any of the aforementioned conditions, Wegether reserves the right to take corrective actions, including but not limited to the deletion, censorship, or suspension of your account. Additionally, Wegether may remove any materials deemed offensive or violating the terms of service, at its discretion.

Despite Wegether’s efforts to protect users from such content, there may be instances where Wegether is not entirely successful in removing or censoring it. In the event you are exposed to such content, you are granted the right to report it to Wegether, either through reporting mechanism(s) built into Wegether’s applications, or through written email addressed to Wegether’s support email contact@wegethertravel.com. Wegether will promptly review the reported content, make a determination regarding its nature, and assess whether it violates the terms of the agreement. The provided reporting mechanism(s) are crucial to ensuring the ongoing safety and compliance of Wegether's platform.

You agree that Wegether may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a Wegether account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Wegether at any time, either by replying the word “STOP” using the mobile device that is receiving the messages, or by contacting contact@wegethertravel.com. If you do not choose to opt out, Wegether may contact you as outlined in the Wegether Privacy Policy.