This website, app, platform and any service offered under the name “Wannahang” (“Platform”) is operated and owned by Wannahang Pty Ltd (ACN 679 743 465) and its related entities or body corporates (“us”, “we” and “our”).
Your use of this Platform is subject to these terms of use (“Terms of Use”). The Terms of Use constitute a binding legal agreement between you and us, and your continued use of the Platform constitutes your acceptance and acknowledgement of these Terms of Use, our Privacy Policy, the Whitepaper and any other policy displayed on the Platform, all of which constitute a part of the Terms of Use. If you do not agree to the Terms of Use, you must not use the Platform.
We may modify, suspend, or discontinue any aspect of the Platform, the Terms of Use and/or the Privacy Policy at our sole discretion and at any time. Any amendments are effective immediately on publication on the Platform. Your continued use of the Platform indicates your continued acceptance of the Terms of Use as modified.
These Terms of Use will prevail over any other terms or agreement between you and us.
Definitions
In these Terms of Use:
Blockchain Features means the blockchain technology features of the Platform based on a User’s preference which give a User access to our virtual wallet and the possibility of encrypted chat.
Chat Features means chat functionalities on the Platform that enable you to chat with other users.
Copyright Act means the Copyright Act 1968 (Cth).
Event Listing means the listing of official events on the Platform by Organizational Users.
Individual User means the holder of an Individual User Account.
Individual User Account means an account subscription held by an individual person.
Minor means a person under the age of 18.
Organizational User means the holder of an Organization Account.
Organization Account means a limited account subscription held by an Organizational User which enables it to list official events on the Platform but not to view or interact with the map or any Individual User.
PersonalInformation means any personal information used to identify an individual such as name, email address and any other details.
Personal Location Data means any geolocation data that you share with us to enable you to use location-based services offered on the Platform.
Platform means this website, app, platform and any service offered under the name “Wannahang”, including the Whitepaper.
Premium Subscription Term has the meaning given to it in clause 8.1.
Premium Subscriptions has the meaning given to it in clause 8.1.
Privacy Policy means our privacy policy available here.
Space Time Radar means the function which allows the user to receive real time notifications when any friend, hang and/or event enters a specified set of time & location based parameters.
Subscription Fee has the meaning given to it in clause 8.1.
Terms of Use means these terms of use, the Privacy Policy, the Whitepaper and any other policy or guidelines available on the Platform.
Third-Party Platforms means services or devices offered by other third parties which you may use in combination with or in integration with the Platform (including but not limited to, carriers, operating systems, mobile devices, software, hardware, applications, APIs etc.).
User means any user of this Platform.
You or your mean you, the User.
Your Content means any content whatsoever which you upload to the Platform, or which is collected with your consent and used on the Platform by us, including without limitation any Personal Location Data and any data relating to your use of the Chat Features.
Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
We, us, our means Wannahang Pty Ltd (ACN 679 743 465) and its related entities or body corporates.
Whitepaper means the whitepaper found at https://docs.wannahang.io/ which also forms a part of these Terms of Use.
Preconditions to Use
Your use of the Platform is conditional on you being over 13. By using the Platform you confirm that you meet this age requirement. In addition, if you are a Minor then you represent that you have reviewed these Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms of Use. If you are a parent or guardian permitting a Minor to create an account, you agree to exercise supervision over the Minor’s use of our website and account and assume all risks associated with the Minor’s use of our website and their account, including the transmission of content or information to and from third parties via the Internet.
Accordingly, by using the Platform, you warrant this to us. If the above conditions are not satisfied, please cease using the Platform immediately.
Account Creation
You will be required to register and create an Individual User Account or an Organisation Account to access certain features of our Platform. All Individual User Account holders will be initially onboarded into the free subscription version of the Platform and can then choose to upgrade to a Premium Subscription if they wish.
When you register and create an account, you will provide us with Personal Information. Please ensure that all Personal Information is accurate and current. We will handle all Personal Information we collect in accordance with our Privacy Policy. By providing Personal Information to us, you consent to the collection, use, storage and disclosure of that Personal Information and Personal Location Data as described in these Terms of Use.
You will be required to choose a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this user name. You must not share your account credentials with any third party. We do not authorise anyone to use the service on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorised activity that takes place under your account.
You must not impersonate any other person and you must not use the Platform using anyone else’s credentials. In case you try to present yourself as another person or entity, your account may be terminated or suspended without further notice.
Your Content
Where the Platform allows you to upload to or share any content on the Platform, you:
agree that Your Content will be stored for you on our servers in accordance with our Privacy Policy;
to the fullest extent permitted by law, grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use Your Content in any way (including, without limitation, by reproducing, modifying, and communicating Your Content to the public) and permit us to authorise any other person to do the same thing;
to the fullest extent permitted by law, consent to any act or omission by us which would otherwise constitute an infringement of your moral rights under the Copyright Act in relation to Your Content; and
acknowledge and agree that we may delete, modify, or otherwise exploit in any manner contemplated by the Copyright Act any of Your Content submitted to or via the Platform by you.
You can manage your Personal Location Data sharing preferences through your device settings and the Platform’s privacy settings at any time.
In each instance when you upload or share Your Content to or with the Platform, you agree to not add any of Your Content:
unless you hold all necessary rights, licences and consents to do so;
that may result in you or us breaching any law, regulation, rule, code or other legal obligation;
that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
that would bring us or the Platform into disrepute;
that infringes the rights of any person;
that you know (or ought reasonably to suspect) is fraudulent, false, misleading, untruthful or inaccurate;
that contains unsolicited or unauthorised advertising (including junk mail or spam); or
that contains computer or software viruses, files or programs that are designed to interfere with the ordinary functionality of the Platform, or obtain unauthorised access to any system, information, security device belonging to us or any third party.
You agree and acknowledge that all content on the Platform (including Your Content) may be created, modified, flagged and deleted by Us and other Users.
You agree and acknowledge that any Personal Location Data that you have shared with the Platform will remain on your account and cannot be deleted until and unless you delete your Account.
Your conduct
In using the Platform, you must:
deal with us and other Users politely and with respect. Do not harass, threaten, or engage in discriminatory behaviour;
strictly comply with these Terms of Use (including any policy or community guidelines);
obey any reasonable direction issued by us;
obey all laws whatsoever (including international law) which may apply in respect of your use of the Platform. Do not use the Platform for illegal purposes or to harm others;
not post or share content that is misleading, defamatory, or violates the rights of others;
not take any action that is likely to impose upon the Platform or our (or its third-party service providers) a disproportionately large load;
not interfere with the proper working of the Platform or any activities conducted via the Platform, including by using any automated or manual software or process to “crawl”, “spider” or engage in similar conduct in relation to the Platform;
except to the extent the Copyright Act allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Platform.
Use of the Platform
Individual Users are able to access all features of the Platform, subject to these Terms of Use, except for Event Listing. However, certain inclusions or features are only available to Individual Users who subscribe for a Premium Subscription.
Organizational Users may exclusively use the Platform for Event Listing and do not have access to the map or any Individual User’s profile features. Any Event Listing by an Organizational User will be reviewed and accepted by Us at our sole discretion prior to going live on the Platform.
You may opt in to use the Platform’s blockchain features, which then allows you to access additional features and inclusions, as explained on the Whitepaper. One of those features allows Users to send blockchain tokens to each other using an in-built Solana wallet. No fiat payment processors are used and Users can only transfer blockchain tokens. Any transfer of tokens is at your sole risk, so please take special care when using this functionality.
We have introduced a number of safety features as detailed in the Whitepaper, including choices as to how specifically you identify your geolocation. However, you acknowledge that you are solely responsible for your own safety whilst using the Platform, particularly with regard to your use of the Space Time Radar.
Premium Subscriptions
When using the Platform, you may choose to upgrade to a paid premium or premium+ subscription (Premium Subscription) for a particular period (Premium Subscription Term) by paying the fee (Subscription Fee) in accordance with clauses 8 and 9. Premium Subscription packages and their inclusions or other terms will be listed on the Platform (including the Whitepaper). Certain Premium Subscription packages may allow you to avoid paying a Subscription Fee by holding a certain level of $HANG tokens in your account.
During the Premium Subscription Term you will be entitled to receive the extra premium subscription inclusions as listed on our Platform for the relevant Premium Subscription package from time to time. There may be more than one type of Premium Subscription.
At the end of each Premium Subscription Term, to help you manage the risk of missing a renewal step where you need continued access to the Application, a Premium Subscription will automatically renew on each expiration date for an additional equivalent period, and you will be required to pay the Subscription Fee for the next Premium Subscription Period unless you notify us in accordance with this clause. You may terminate the Premium Subscription at any time, however such termination only takes effect as of the expiration of the then-current Premium Subscription Term. Any Subscription Fees paid are non-refundable. Please ensure you contact us if you want to cancel your Subscription Plan.
You agree and acknowledge that we may cancel your Premium Subscription at any time and for any reason. If the cancellation is not due to your breach of these Terms of Use, we will provide you with a pro-rata refund of the then-current Subscription Fees paid by you.
Fees and Payment
You may be required to pay for certain features of the Platform, including without limitation Premium Subscriptions.
You agree to pay us all fees disclosed on the Platform, and that all fees are non-refundable. Fees are subject to change from time to time.
Unless otherwise stated, all fees and all transactions are in Australian Dollars. All fees are exclusive of applicable federal, state, local, or other taxes.
You may receive offers from third parties, such as discounts, sponsorships, or other benefits. We are not involved in any dealings or payments between you and third parties, and these Terms of Use do not govern such transactions.
All payments to be made must be paid using the payment service provider currently being used by us. You may be required to create an account with the payment service provider and accept their terms of use.
You agree that we may change our prices, fees, payment service provider (including, without limitation, implementing new fees or costs, increasing existing fees, or requiring that you bear any associated third-party costs or charges) at any time, except that if you are already subscribed to a Premium Subscription, any change to a Premium Subscription will only take effect after the end of the current Premium Subscription Term.
Intellectual Property Rights
You retain ownership of all intellectual property comprised in Your Content. By posting Your Content on the Platform you grant us a worldwide, perpetual, royalty-free licence to use, display and distribute Your Content for the purpose of providing the Platform and its related services.
Subject to clause 10.1, we are the sole owners or licensee of all intellectual property comprised in the Platform (including all intellectual property comprised in the Platform content and any branding, logos, names etc), and nothing in these Terms of Use constitutes a transfer of any intellectual property rights in or related to the Platform or Platform content.
You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.
If you provide us with feedback, comments or suggestions (Feedback) relating to the Platform or our business, then all rights, title and interest in that Feedback, and anything created as a result of that Feedback (including new material, enhancements, modification, or derivative works), are owned solely by us, automatically assigned to us and we may use the Feedback for any purpose.
You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 10 and that equitable or injunctive relief may be necessary.
Cookies
If you are a registered User of our Platform we will use “cookies” or similar technologies in order to ensure that you are able to stay logged into our Platform. Cookies help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalise/create pages on the Platform, a cookie helps us to recall your specific information on subsequent visits. When you return to the same page of the Platform, the information you previously provided can be retrieved, so you can easily use the customized features. Cookies are also routinely used for advertising purposes.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Platform. There is more information on cookies in our Privacy Policy.
Third Party Sites
The Platform may contain links (and other Users may send you links) to websites that are owned and operated by third parties. We have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:
you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;
we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.
Third Party Platforms
In order to use the Platform, you may also use various other Third-Party Platforms.
You warrant to us that you will comply with any terms of use or legal agreements you must agree to in order to use the relevant Third-Party Platforms.
We are not liable for any loss arising in relation to a Third-Party Platform, including but not limited to:
any failure of or issue with such Third-Party Platform;
your breach of the terms of use for the Third-Party Platform; and
your misuse of the Third-Party Platform.
Disclaimer and Limitation of Liability
We exclude all Warranties whatsoever except for those expressly set out in these Terms of Use or those that cannot be excluded due to applicable law.
In using the Platform, you acknowledge and agree that interactions with other Users are solely between you and such Users. We do not review, vet or endorse other Users, or take responsibility for any interactions between Users, whether occurring within the Platform or at any external venues or locations as a result of using our Platform. You understand that we make no representations or warranties as to the conduct, integrity, or actions of any Users. Therefore, you agree to exercise caution, discretion, and common sense when interacting with other Users, including but not limited to, when you communicate, meet, or deal with them in any manner.
If there is a dispute between you and any third party (including any user of the Platform), you understand and agree that we are under no obligation to become involved. In the event of such a dispute, you hereby release us, our officers, employees, agents, and successors from Claims or Loss, arising out of or in any way related to such disputes and/or our Platform.
To the extent that any applicable law restricts our right to exclude Warranties, these Terms of Use must be read subject to those provisions and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, then, to the extent that we are entitled to do so, we limit our liability under such provisions to (at our discretion):
in the case of services, the resupply of the services or the payment of the cost of resupply; and
in the case of goods, the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired.
You acknowledge that complex software, hardware and applications are never wholly free from defects, errors, bugs and harmful components, and subject to the other provisions of these Terms of Use, we give no Warranty that the Platform will be wholly free from defects, errors, bugs and harmful components. We provide the Platform on an “as is” and on an “as available” basis without any Warranties arising out of any course of dealing or usage of trade. We make no Warranties that the Platform, our goods or services or any Your Content will be available continuously, uninterruptedly, secure or not otherwise malfunctioning, lost or altered, as applicable. You acknowledge that we may suspend our services, access to the Platform, use of our equipment and/or display of any advertisement temporarily if we have reason to do so (including but not limited to maintenance, updates, or upgrades).
To the maximum extent permitted by applicable law and subject to clause 14.8, neither party will have any liability in connection with the Terms of Use for any indirect, consequential, special, incidental, or punitive damages, or any lost revenues, profits, savings, or goodwill.
Subject to clause 14.8, each party’s maximum aggregate liability for damages in connection with the Terms of Use is limited to the Subscription Fees paid by you during the 12-month period before the event giving rise to liability. If you have not paid any fees in the prior 12-month period, the maximum aggregate liability will be $1,00.
Nothing in the Terms of Use excludes or limits either party’s liability for:
its fraud or fraudulent misrepresentation;
its obligations under clause 15;
its infringement of the other party’s Intellectual Property Rights;
its payment obligations under the Terms of Use; or
matters for which liability cannot be excluded or limited under applicable law.
All of the above subclauses are cumulative to one another.
Release and Indemnity
Each party agrees to indemnify (and defend and hold harmless) the Released Parties from all Claims and/or Loss arising in connection with:
the indemnifying party’s failure to comply with any applicable laws; or
the indemnifying party’s gross negligence or wilful misconduct.
We agree to indemnify (and defend and hold harmless) you and your Released Parties from any Loss finally awarded as a result of a Claim brought by a third-party alleging that your use of the Platform as contemplated in these Terms of Use directly infringes the Intellectual Property Rights of a third party, except to the extent any such infringement is caused or contributed to by your act or omission (IP Claim). If an allegation concerning a possible IP Claim is made, you must permit us to do one of the following (at our sole discretion):
modify, alter or substitute the Platform until the Platform no longer infringes the Intellectual Property Rights alleged in the relevant IP Claim. Such modification will be at our cost; or
terminate these Terms of Use or your access to the Platform.
You agree to indemnify (and defend and hold harmless) us and our Released Parties from any Loss or Claims in connection with:
any damage to person, property, personal injury or death;
your breach of any of clauses 5, 10, 12 and 13; or
Your Content.
As conditions to indemnification under this clause 15, the indemnified party must:
notify the indemnifying party promptly in writing of the Claim for which the indemnified party is seeking indemnification;
grant the indemnifying party sole control over the defence and settlement of each Claim;
provide the indemnifying party with reasonable cooperation in response to such party’s requests for assistance (including all relevant information or materials);
not have admit any fact, or settle or compromise a Claim, without the prior written consent of the indemnified party if such settlement includes an admission of liability on the part of the indemnified party; and
use its best endeavours to mitigate any Loss the indemnified party suffers as a result of the Claim.
In this clause:
Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
Released Parties means a party and its officers, directors, shareholders, agents, employees, consultants, associates, affiliates, subsidiaries, sponsors, and other third-party partners.
Termination
These Terms of Use terminate automatically if we cease to operate the Platform for any reason (although any clauses which are reasonably intended to survive termination survive).
You acknowledge and agree that:
we may terminate your access to the Platform at any time without giving any explanation without any further liability to you.
we may terminate these Terms of Use immediately by notice to you in writing if you are deemed to breach these Terms of Use or associated policies in any way, in our sole discretion.
Termination of these Terms of Use or your access to the Platform does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.
General
All notices must be in writing and must be made through the Platform or by email. Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a business day in New South Wales, in which case they are deemed to be received on the next business day in New South Wales.
You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. We may assign our rights under these Terms of Use at our sole discretion.
If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
These Terms of Use are governed by the laws of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts of New South Wales and all courts of appeal from there.
Any waiver of any term on these Terms of Use by us can only be done expressly in writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.
The contents of these Terms of Use constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.
A provision of these Terms of Use which can and is intended to operate after its conclusion will remain in full force and effect – including clauses 5, 10, 11, 12, 13, 14, 15, 16, 17 and all indemnities and releases.
If any provision of these Terms of Use is void, unenforceable or illegal, it is to be read down so as to be valid and enforceable or, if it cannot be read down, the provision is or, where possible, the offending words are, to be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions (or parts of those provisions) of these Terms of Use, unless this would materially change the intended effect of these Terms of Use.
