Terms of Use

WONDER – WEBSITE TERMS AND CONDITIONS


1. About our terms and conditions

1.1 These terms and conditions of use relate to the ‘Wonder’ rental platform for innovation products and technology, available through the website at https://wonder.store as well as associated software applications (the “Platform”). The Platform connects those who want to rent new tech products with those who have them.

1.2 By accessing or using the Platform you are agreeing to comply with and be bound by these terms and conditions of use (and any documents referred to in them including our rental terms and conditions at https://wonder.store) which govern Wonder’s relationship with you in relation to the Platform. If you do not agree with or accept any of these terms, you should stop using the Platform immediately.

1.3 The terms “Wonder” or “us” or “ we” refer to The Wonder Experience Limited, the owner of the Platform. We are a company registered in England and Wales under company number 10655868 whose registered office is 68-80 Hanbury Street, London, E1 5JL. The term “you” refers to the user accessing the Platform.

2. Using the Platform and restrictions on use

2.1 We permit you to use the Platform only in accordance with the terms of use set out here (and any documents referred to here). Use of the Platform in any other way, including in contravention of any restriction on use set out in these terms and conditions, is not permitted. If you do not agree with the applicable terms you may not use the Platform.

2.2 The Platform has been prepared, and is intended for use, in accordance with the laws of England and Wales. If you access the Platform from locations outside of England and Wales you are responsible for compliance with local laws where they are applicable.

2.3 As a condition of your use of the Platform, you agree:

2.3.1 not to use the Platform to carry out or promote any activity that is unlawful in any way under any applicable law; and

2.3.2 not to use the Platform for any purpose that is prohibited by these terms and conditions (and any documents referred to in them).

2.4 In addition, your right to use the Platform does not permit you to attempt to decompile (as defined in section 50B of the Copyright, Designs and Patents Act 1988) the underlying software (or any part of it) that is used in or to provide the Platform, or to observe, study or test the functioning of the underlying software (or any part of it) that is used in or to provide the Platform, except and only to the extent that such restrictions are prohibited pursuant to section 50B of the Copyright, Designs and Patents Act 1988.

2.5 We may prevent or suspend your access to the Platform if you do not comply with any part of these terms and conditions, any terms or policies to which they refer, or any applicable law.

3. Accuracy of information and availability of the Platform

3.1 The Platform and any content thereon are provided on an “as is” basis. While we try to make sure that the content on the Platform is up-to-date, accurate and free from errors, we cannot promise that it will be. Any reliance that you may place on the content on the Platform is at your own risk. In particular, we will not be responsible, or liable in any way, for the accuracy of any information submitted to or available through the Platform that is provided by third parties.

3.2 We reserve the right to update, suspend, withdraw, discontinue or change all or any part of the Platform at any time as we see fit and without notice. While we try to make sure that the Platform is up-to-date, available and free from bugs, we cannot promise that it will be. Further, we do not promise that the Platform will be available at all times nor do we promise the uninterrupted use by you of the Platform. If you have any difficulties using the Platform, please contact us.

3.3 We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.

4. Account and password

4.1 In order to use certain features of the Platform you may be required to create and manage an account on the Platform (an “ Account”). Accounts may be created on the Platform by you choosing, or being provided with, a user identification code, password or other piece(s) of information as part of our security procedures (“Account Information”) to set up and manage your Account.

4.2 You agree that you are solely responsible for keeping your Account Information confidential. You must not disclose your Account Information to any third party. If you know or suspect that anyone other than you knows your Account Information you must promptly notify us.

4.3 You agree that you are solely responsible for any activity that is carried out through your account, including any agreements that you enter into for renting products through the Platform. For further information about your and our liability relating to such rental agreements see our rental terms and conditions at https://wonder.store.

4.4 We have the right to disable any Account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

5. Personal Data – notification and consent

5.1 By using the Platform you acknowledge that:

5.1.1 we may collect and process information about you as set out in these terms and conditions; and

5.1.2 such information may include “Personal Data” as defined in the Data Protection Act 1998 (which, in brief, applies to information from which a living person can be identified),

and you hereby consent to the collection and processing of your information in accordance with these terms and conditions.

5.2 If we collect and process Personal Data we shall be subject to obligations under applicable data protection law (including the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003). For the purposes of such data protection laws, we (The Wonder Experience Limited) are the “data controller” in relation to your information and personal data. This means we are responsible for, control the collection and processing of, your Personal Data in accordance with applicable data protection laws.

5.3 If you are an individual, you have the legal right (subject to the payment of a small fee) to request access to Personal Data that we may process about you. If you wish to exercise this right, you should put your request in writing to us giving us enough information to identify you and deal with your request.

6. Collection, use and disclosure of your information

6.1 When you use the Platform and/or when you otherwise deal with us we may collect the following information about you:

6.1.1 personal information including first and last name, date of birth, photograph and/or likeness;

6.1.2 contact information including residential address, primary email address and primary phone number;

6.1.3 payment information including credit/debit card details or third party payment account details (e.g. PayPal or other third party payment providers);

6.1.4 technical information including IP address, operating system, browser type and related information regarding the device you used to visit the Platform, the length of your visit and your interactions with the Platform; and

6.1.5 details of any transactions you make through the Platform, including any products you rent or purchase, any interactions between you and other users, and any related correspondence you have with us or other users of the Platform.

6.2 We use information held about you in the following ways:

6.2.1 to carry out our obligations arising from any contracts entered into between us and our customers (including you);

6.2.2 to investigate and address any comments, queries or complaints made by you or other customers regarding the Platform;

6.2.3 to ensure that content from the Platform is presented in the most effective manner for you and for your device;

6.2.4 for Platform administration, maintenance and improvements;

6.2.5 to allow you to participate in interactive features of the Platform, including inputting information and providing feedback;

6.2.6 to notify you about changes to the Platform; and

6.2.7 to comply with our legal obligations, including obligations relating to the protection of Personal Data.

6.3 We may also monitor and record communications with you (such as telephone conversations and emails) for the purposes of provision of services, quality assurance, training, fraud prevention and compliance purposes.

6.4 We may disclose your information (including Personal Data) to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006).

6.5 We may disclose your information (including Personal Data) to third parties:

6.5.1 to enable such third parties, including our business partners, service providers or third-party contractors, to undertake services for us and/or on our behalf (and we will ensure they have appropriate measures in place to protect your Personal Data);

6.5.2 if we are under a duty to disclose or share Personal Data in order to comply with any legal obligation, including any request or order from law enforcement agencies and/or HMRC in connection with any investigation to help prevent unlawful activity;

6.5.3 for marketing purposes in accordance with clause 7 below; and

6.5.4 if you have specifically consented to us doing so.

6.6 We may disclose aggregated, anonymous information (i.e. information from which you cannot be personally identified) to third parties, including (without limitation) analytics and search engine providers to assist us in the improvement and optimisation of the Site.

6.7 If our business (or substantially all of it) is sold or integrated with another business your Personal Data may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.

7. Marketing

7.1 If you have given permission, we may:

7.1.1 contact you by email; and/or

7.1.2 share your personal data with carefully selected third party organisations and business partners so they may contact you by email,

about products, services, promotions and special offers that may be of interest to you.

7.2 We will inform you (before collecting your data) and seek your permission if we intend to use or share your data for such purposes.

7.3 If you prefer not to receive any direct marketing communications, or you no longer wish to receive them, you have the right at any time to ask us, or any third party, to stop processing your information for direct marketing purposes. If you wish to exercise this right, you should contact us by sending an email to [email protected], or contact the relevant third party using their given contact details, giving us or them enough information to identify you and deal with your request. Alternatively you can follow the unsubscribe instructions in emails you receive from us or them.

8. Cookies

8.1 We may also obtain information about your general internet usage by using cookies. Cookies are text files placed on your computer, phone or tablet to help identify you as a unique user of the Platform, to collect standard visitor behaviour information, and to help us to maintain and improve the Platform. Some of the cookies we use are essential for the Platform to operate.

8.2 If you register with us or if you use the Platform you will be asked to consent to our use of cookies. You can set your Platform not to accept cookies if you wish (for example by changing your browser settings so cookies are not accepted). However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Platform.

8.3 Unless you have adjusted your browser setting to refuse cookies, our software will issue cookies as soon you visit the Platform.

9. Data security

9.1 We will use technical and organisational measures in accordance with good industry practice to safeguard your information and Personal Data, including SSL encryption of all data in transfer.

9.2 While we will use all reasonable efforts to safeguard your information and Personal Data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any information that is transferred from you or to you via the internet.

10. Ownership and use of the Platform

10.1 References in these terms of use to “ Intellectual Property Rights” means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software and all similar rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever in the world they exist.

10.2 The Platform, the Platform and all Intellectual Property Rights in them are owned by us, our licensors or both (as applicable). Such Intellectual Property Rights are protected by copyright laws and treaties around the world. We and our licensors reserve all of our and their rights in any such Intellectual Property Rights in connection with these terms of use. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

10.3 Nothing in these terms and conditions grants you any legal rights in the Platform other than as necessary to enable you to access the Platform, and any further or additional use is strictly prohibited unless you have our prior written permission.

10.4 If you copy, download or otherwise use any part of the Platform in breach of these terms of use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11. Limitation of our liability

11.1 Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.

11.2 Subject to clause 11.1, and to the extent permitted by law, we exclude all conditions, warranties and/or representations, whether express or implied, which may apply to the Platform and/or any information contained or displayed within the Platform.

11.3 Subject to clause 11.1, we will not be liable to any user of the Platform for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Platform, or with reliance on any information contained or displayed within the Platform. In particular, we will not be liable for any business interruption, for any loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation, or for any indirect or consequential loss or damage.

12. Viruses

We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your device in order to access the Platform and you should use your own virus protection software. We will not be liable for any loss or damage caused by a virus or any other technologically harmful material that may infect you due to your use of the Platform.

13. Third party sites and platforms

13.1 The Platform may contain hyperlinks or references to third party websites or Platforms other than the Platform or the Platform. We have no control over third party websites or Platforms and accept no legal responsibility for any content, material or information contained in them. Your use of third party sites or Platforms will be governed by the terms and conditions of that third party. It is your responsibility to ensure you are happy with such third party terms and conditions.

13.2 The display of any hyperlink and/or reference to any third party website, Platform, product or service does not mean that we endorse that third party's website, products or services and any reliance you place on such hyperlink, reference or advert is done at your own risk.

14. General legal terms

14.1 Events beyond our control – We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation: strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

14.2 Rights of third parties No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.

14.3 Variation – These terms and conditions are dated 15th March 2017. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms of use from time to time. Our new terms will be displayed on the Platform and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms of use from time to time to verify such variations.

14.4 Breach – We shall apply these terms of use in our absolute discretion. In the event of your breach of any of these terms we may terminate or suspend your use of the Platform, disclose information submitted by you to law enforcement authorities or take any action we consider necessary to remedy the breach.

14.5 Applicable law – These terms and conditions, their subject matter and formation, are governed by the law of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

15. Contact

If you have any questions about these terms and conditions please contact us by sending an email to [email protected]