TERMS OF USE

 

These Terms, together with any and all other terms and policies referred to herein, set out the terms on which you may use our Website and the services provided directly or indirectly via our Website. By accessing, browsing, using and or registering with our Website  and/or by completing a reservation, you acknowledge and agree to have read, understood and agree to comply with these Terms. If you do not agree to comply with and be bound by these Terms, please stop using the Website immediately.

Our Website and the Service provided through the Website are owned, operated and provided by Mondo Kite LTD (t/a Wyndee) and, unless otherwise stated, are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.

 

DEFINITIONS

 

“Wyndee”, “us”, “we” or “our” means Mondo Kite LTD (t/a Wyndee), a limited liability company (number 10714822) incorporated under the laws of the United Kingdom, and having its registered address at 85 Great Portland Street, First Floor, London W1W 7LT.

 

“Platform” and “Website” (as such terms are used interchangeably) mean the website at https://wyndee.co/ and any related mobile applications on which the Service is now or in the future made available, as such sites and applications are owned, controlled, managed, maintained and/or hosted by us.

 

“Service” means the services we provide via the Website, being online lead sourcing services for various products and services as from time to time advertised by Suppliers on the Platform.

 

“Supplier” means any third party provider of kitesurfing services (e.g. courses, rental or related products or services) as may be from time to time advertised on the Platform.

 

“Terms” means these terms of use, as such terms may be amended from time to time.

 

SCOPE OF OUR SERVICE AND DISCLAIMER

 

Through the Platform, we  provide an online marketplace through which Suppliers can advertise their products and services, and through which visitors of the Platform can gather kitesurfing related information, post opinions of kitesurfing related issues, search and make inquiries. By making any reservation through the Platform, you enter into a direct contractual relationship with the Supplier with whom you make an order for a product or service (as applicable). From the point at which you make any inquiry or reservation with a Supplier, you acknowledge that we act solely as an intermediary between you and the Supplier, transmitting the details of your inquiry or reservation to the relevant Supplier(s) and sending you a confirmation email for and on behalf of the Supplier. You acknowledge that we are not a party to, have no control over, nor accept any responsibility for liability for, any arrangements you make or issues you encounter with Suppliers. We strongly encourage you to thoroughly examine the terms of any contracts you enter into with Suppliers and satisfy yourself as to their suitability for you.

 

When rendering our Service, the information that we disclose via our Website is based on the information provided to us by Suppliers. As such, the Suppliers are fully responsible for updating all rates, qualifications and other information which is displayed about them on our Platform. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that all information is accurate, up-to-date, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. We neither represent nor warrant that all services advertised via our Platform will be available. Each Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and IKO certification) displayed on our Platform.  

 

Nothing on our Platform, including but not limited to user reviews, constitutes advice on which you should rely. It is provided for general information purposes only. The opinions, views, and values expressed in content on our Platform are those of the authors of that content and do not represent our opinions, views, or values. Insofar as is permitted by law, we make no representation, warranty, or guarantee that our Website or Service will meet your requirements, be of satisfactory quality, fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

 

Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Supplier (or its facilities, venue, products or services) made available.

 

Wyndee is not a travel agency and does not provide its own kitesurfing services. Although Wyndee displays information about kitesurf centers and facilitates reservations with certain Suppliers, such actions do not in any way imply, suggest, or constitute Wyndee’s sponsorship or approval of such Suppliers, or any affiliation between Wyndee and those Suppliers. Although Wyndee users may rate and review particular kite centers based on their own experiences, Wyndee does not endorse or recommend the products or services of any Suppliers. You agree that Wyndee is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its Website.

 

USE OF THE WEBSITE

 

Certain parts and features of our Website (including the ability to submit reviews, participate in discussion forums and make inquiries or reservations) may require you to set up an account in order to access them.

 

As a condition of your use of this Website, you warrant that (i) all information supplied by you on or as part of registering to this Website is true, accurate, current and complete, (ii) if you have a Wyndee account, you will safeguard your password and other account information, keep the information you provide us with up-to-date, 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 if you register for an account and/or contribute to our Website and (iv) you possess the legal authority to enter into this Agreement and to use this Website in accordance with all terms and conditions herein. If you believe your account is being used without your permission, please contact us immediately at hello@wyndee.co.  We will not be liable for any unauthorised use of your account.

Wyndee does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone using this Website and the Service we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

INTELLECTUAL PROPERTY RIGHTS

 

Unless stated otherwise and with the exception of User Content (see below), all content and branding included on our Platform and the intellectual property rights (including but not limited to the copyright) subsisting in that content are owned by or have been licensed to Wyndee. All content on our Platform (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

 

Wyndee exclusively retains ownership of all rights, title and interest in and to all intellectual property rights subsisting in the look and feel  of the Platform and you are not entitled to copy, scrape, deep link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express prior written permission. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights.

 

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, images, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sub-licence store, sell, rent or in any other manner re-use any such content, displayed on or obtained from or through this Website unless given express written permission to do so by us. You also agree not to remove, alter, obscure or claim ownership of any copyright, trademark or other proprietary rights notices incorporated in or accompanying any content on our Website. Additionally, you agree not to:

(i) use this Website or its contents for any commercial purpose (unless you are a Supplier, in which case you may use this Website as set out in your Affiliate Agreement with us);
(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(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 this Website for any purpose without our express written permission;
(vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Wyndee in connection with the Website or the Service;

(vii) attempt to gain unauthorised access to any part of our Website, the server on which our Website is stored, or any other server, computer, or database connected to our Website; or

(viii) attack our Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.

 

Nothing in these Terms limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

 

PRIVACY AND COOKIES

Wyndee believes in protecting your privacy. Any personal information you provide us with or post on the Website will be collected, used, and held in accordance with your rights and our obligations under the Data Protection Act 1998 and the General Data Protection Regulation (GDPR) and used in accordance with our Privacy and Cookie Policy, which is incorporated into these Terms by this reference. Click here to view our Privacy and Cookie Policy.

 

USER CONTENT AND USE OF INTERACTIVE AREAS – Add section on added Tripadvisor feed (not included atm)

 

We appreciate hearing from you and confirm that you (or your licensors, as appropriate) retain ownership of any content you submit to our Website and all intellectual property rights subsisting therein. However, by submitting content to this Website by making submissions to or posting on this Website or otherwise, including any Supplier information, reviews, questions, comments, text, photos, images, audio, video, graphics, suggestions, ideas, User Messages (as defined below), materials or the like contained in any submissions (collectively, “User Content”), you grant Wyndee and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, transferable, irrevocable, unconditional and fully transferable right and licence to use, store, archive, transmit, reproduce, modify, adapt, edit, translate, distribute, publish, sub-license, create derivative works from and publicly display, communicate, exploit and perform such User Content throughout the world in any media, now known or hereafter devised, in the case of User Content submitted by Suppliers, to the extent necessary for Wyndee to perform the Service and, in the case of User Content submitted by the general public, for any purpose (including in promotional materials and publications); and to use the name that you submit in connection with such User Content. You acknowledge that Wyndee may choose to provide attribution of your User Content at our discretion but does not have to do so. You further grant Wyndee the right to pursue at law any person or entity that violates your or Wyndee’s rights in your User Content by a breach of these Terms. You acknowledge and agree that User Content is non-confidential and non-proprietary.

By uploading User Content to our Platform, you represent, warrant and agree that: (a) you own all intellectual property rights (including copyright) in that User Content and have the right to submit such content; and (b) that any facts stated therein are accurate and true, that opinions stated are genuinely held. By uploading User Content, you accept full legal and moral responsibility for such content and agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by you in this section. You will be responsible for any loss or damage suffered by us as a result of such breach. We may pre-screen, reject, reclassify, edit, or remove any User Content at any time and without prior notice (including if we receive a complaint from a third party).

 

Wyndee does not edit or control the user messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums (collectively “User Messages”), and will not be in any way responsible or liable for such User Messages. Wyndee nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or User Content.

This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post User Content on this Website (“Interactive Areas”). If Wyndee provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

(i) Any message, data, information, text, music, sound, photos, graphics, code or any other material that is false, unlawful, misleading, libelous, defamatory, obscene, deliberately offensive, hateful or otherwise inflammatory, pornographic, indecent, lewd, suggestive, sexually explicit, harassing, discriminatory, or advocates violence or harassment of another person, is threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, calculated or likely to deceive, intended to annoy, alarm, inconvenience, upset, or embarrass another person (this does not prohibit negative user reviews, however) or that is otherwise objectionable;
(ii) Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(iii) Content that would constitute, encourage, promote or provide instructions for the commission of an illegal activity, 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, state, national or international laws and/or regulations;
(iv) Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(v) Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(vi) Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with a person or entity, including Wyndee;
(vii) Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters”, political campaigning, advertising, contests, raffles, or solicitations;
(viii) Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
(ix) Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(x) Content that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(xi) Viruses, corrupted data or other harmful, disruptive or destructive files;
(xii) Content that is unrelated to the topic of the Interactive Area(s) in which such content is posted;
(xiii) Content or links to content that, in the sole judgment of Wyndee, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Wyndee or its affiliates or its users to any harm or liability of any type; or

(xiv) Content that is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

Wyndee takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Wyndee liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Wyndee is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Wyndee has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Wyndee reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on this Website at your sole cost and expense.

Upon submitting User Content you agree that: (a) you have no objection to the publication, use, modification, deletion and exploitation of such User Content by Wyndee or its licensees, successors and assigns; (b) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of in such User Content; and (c) you forever release Wyndee, and its licensees, successors and assigns, from any claims that you could otherwise assert against Wyndee by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website, removal of your User Content, issuing you with a written warning, taking further legal action against you as appropriate and any other actions that we deem reasonably appropriate (and lawful). We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms.

 

LINKS

 

You may link to our Website provided that: (a) you do so in a fair and legal manner; (b) you do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists; (c) you do not use any logos or trademarks displayed on our Website without our express written permission; (d) you do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it; and (e) the other site from which you link to our Website does not contain material that violates the content standards above.

 

Links to other sites may be included on our Platform. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on our Website is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

PRICES

 

All kitesurf services or other prices displayed on the Website are per person and include VAT/sales tax and all other taxes (subject to change of such taxes), unless stated differently on our Platform or the confirmation email/ticket. Applicable fees and taxes (including tourist tax) may be charged by the Supplier in the event of a no-show or cancellation fee.

 

The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

 

Obvious errors and mistakes (including misprints) are not binding.

 

All special offers and promotions are marked as such.

 

Access to our Website and our Service is free of charge because, unlike many other third-party information providers, we will not charge you for our Service or add any additional  fees (such as reservation commission) to the rates charged by Suppliers in respect of any contract you enter into with them.

 

PRE-PAYMENT, CANCELLATION, NO-SHOW AND FINE PRINT

 

By making a reservation with a Supplier, please note that you may be charged for any cancellation in accordance with the Supplier’s cancellation, (pre)payment and no-show policy. You accept and agree to the relevant cancellation and no-show policy of that Supplier, and to any additional terms and conditions of the Supplier that may apply to your purchase, visit or stay, including for services rendered and/or products offered by the Supplier. We therefore encourage you to read such terms and policies carefully prior to making any order or reservation. The general cancellation and no-show policy of each Supplier is made available on our Platform on the Supplier information pages and Suppliers’ delivery terms and conditions can be obtained directly from the relevant Supplier. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the (reservation) details of your purchased product or service thoroughly for any such conditions prior to making your reservation. Cancellation and prepayment policies may vary according to service type. Please carefully read the fine print (below the room types or at the bottom of each Supplier page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Supplier (including but not necessarily limited to information in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are at your own risk and responsibility and you shall not be entitled to any refund unless the Supplier agrees or allows otherwise under its (pre)payment and cancellation policy.

 

If you expect a late or delayed arrival in respect of any reserved booking, make sure to promptly communicate this with the Supplier so they know when to expect you to avoid cancellation of your reservation or service or charge of any no-show fee. Wyndee does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or no-show fee charged by the Supplier.

 

CORRESPONDENCE AND COMMUNICATION

 

By completing a reservation request, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. Please see our Privacy and Cookie Policy for more information about how we may contact you.

 

Wyndee disclaims any liability or responsibility for any communication with the Supplier. Wyndee cannot guarantee that any request or communication will be  received/read by, complied with, executed or accepted by the Supplier.

 

In order to duly complete and secure any reservation you make with a Supplier, you need to use your correct and valid email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email addresses or inaccurate or wrong phone numbers, payment details or other required information.

 

We always welcome feedback from our users, and, whilst we use all reasonable endeavours to ensure that your experience using our Service is a positive one, we nevertheless want to hear from you if you have any cause for complaint. Any claim or complaint against Wyndee or in respect of the Service must be promptly raised with Marketa Strakova who can be contacted at hello@wyndee.co.

 

Due to the continuous update and adjustments of rates and availability, we strongly suggest you make screenshots when making a reservation to support your position (if needed).

 

LIMITATION OF LIABILITY

 

Access to our Platform is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice.  We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.

 

To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our Website or any content included on, or Services provided via, our Website.

 

Subject to the limitations set out in these Terms and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect of our Service, up to an aggregate amount of the total cost of any order you make with a Supplier as set out in your confirmation email in respect of that order (whether for one event or series of connected events).

 

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, contractors, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Service and the Website and its contents shall be liable for any costs, expenses, loss or damage, whether foreseeable or otherwise and whether direct, indirect, punitive, special, consequential or exemplary, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Website or the use of or reliance upon any content included on, or Services provided via, our Platform. We accept no liability for loss of profit, loss of revenue, loss of business opportunity, anticipated savings, contract or sales, loss of or damage to goodwill or reputation, or any other indirect or consequential damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform (including any loss or damage resulting from a virus, bug or other malware or harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Website (including the downloading of any content from it) or any other site referred to on our Website.

 

Whether or not the Supplier has charged you for any product or service purchased from them, you agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of any applicable taxes due on the total amount of the  price paid by you to the relevant tax authorities. Wyndee is not liable or responsible for the remittance, collection, withholding or payment of any such taxes. Wyndee does not act as the merchant of record for any product or service made available on the Platform.

 

Nothing in these Terms excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

 

MISCELLANEOUS

 

These Terms and the provision of our Services shall be governed by and construed in accordance with English law and any dispute arising out of or relating to these Terms and our Services shall exclusively be submitted to the courts of England and Wales.

 

The original English version of these Terms may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these Terms or inconsistency or discrepancy between the English version and any other language version of these Terms, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Platform (by selecting the English language) or shall be sent to you upon your written request.

 

If any provision of these Terms is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.

 

We may alter these Terms at any time. Any such changes will become binding on you upon your first use of our Website after the changes have been implemented. You are therefore advised to check this page from time to time. In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.