Legal

Terms of use

The UnXplored Ltd. · Effective [TERMS EFFECTIVE DATE]
These Terms of Use are an agreement between you and The UnXplored Ltd. ("UnXplored", "we" or "us"). They govern your use of the UnXplored app and of https://theunxplored.com (together, the "Service"), including all content and features on them, whether or not you have an account.
By using the Service, or by agreeing to these Terms of Use when asked, you accept them and our Privacy Policy, which forms part of them. If you do not agree, please do not use the Service.
The Service is for people aged 18 and over. By using it, you confirm that you are old enough to enter a binding contract with us.

1. Changes to these Terms of Use

We may update these Terms of Use from time to time. Changes take effect when we post them and apply to all use of the Service from then on. If you keep using the Service after a change, you accept it, so please check this page from time to time.

2. Access and your account

We may change, suspend or withdraw any part of the Service without notice, and we are not liable if any of it is unavailable at any time. We may limit access to some features, or to the whole Service, including for registered users.
The information you give us, when you register or at any other time, must be accurate, current and complete. Our Privacy Policy explains how we handle it.
Your account is personal to you. Keep your password and sign-in details confidential, and do not let anyone else use your account. Tell us straight away at info@theunxplored.com if you think someone else has accessed it. Take particular care when signing in on a shared or public device, and sign out when you finish.
We may disable any account or username at any time if we believe you have broken these Terms of Use.

3. Our content and trademarks

The Service and everything on it — text, software, images, video, audio, design and the way it is all arranged — belongs to UnXplored, its licensors or other providers, and is protected by copyright, trademark and other intellectual property laws.
You may use the Service for your own personal, non-commercial use. That includes installing the app on your own devices, the copies your device or browser makes automatically to display it, and using any sharing features we provide as they are designed to be used. Otherwise you must not copy, distribute, modify, republish, publicly display, download, store or transmit material from the Service, and in particular you must not:
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modify copies of any material from the Service;
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use any photograph, illustration, video, audio or graphic separately from its accompanying text without our written permission; or
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remove or alter any copyright, trademark or other notice.
For any other use, ask us at info@theunxplored.com. If you use the Service in breach of these Terms of Use, your right to use it ends immediately, and you must return or destroy any copies you have made. Nothing in these Terms of Use transfers ownership of any part of the Service to you.
The UnXplored name and logo, and related names, logos, designs and slogans, are our trademarks or those of our licensors. Do not use them without our written permission. Other names and marks on the Service belong to their owners.

4. What you must not do

You may use the Service only lawfully and as these Terms of Use allow. You must not use it:
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in any way that breaks any law or regulation;
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to exploit or harm, or try to exploit or harm, minors in any way;
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to send advertising, promotions, spam, chain letters or similar, without our written consent;
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to impersonate us, our staff, another user or anyone else; or
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to do anything that restricts anyone else's use or enjoyment of the Service, or that we decide could harm us or our users or expose them to liability.
You also must not:
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disable, overload, damage or impair the Service, or interfere with anyone else using it;
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use robots, scrapers or any other automated means, or manual processes, to monitor or copy the Service without our written consent;
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introduce viruses or any other malicious or harmful material;
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try to gain unauthorised access to, interfere with or disrupt the Service or any server, computer or database connected to it, including by a denial-of-service attack; or
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otherwise try to interfere with how the Service works.

5. What you post

The Service has features — the community, comments, profiles, your Xplorer Map, messages to us — that let you post or share content ("Contributions"). Every Contribution must meet the content standards in section 6.
You keep ownership of your Contributions. By posting one, you give UnXplored, and those who provide services to us, permission to use, copy, adapt, display and distribute it in connection with running and promoting the Service. You confirm that you own, or have the right to share, everything in your Contributions, including photos, and the right to give us that permission.
You are responsible for your Contributions, including whether they are lawful, accurate and appropriate. We are not responsible to anyone for what you or other users post.
We may:
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remove, or refuse to post, any Contribution, for any reason or none;
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take any action about a Contribution we consider necessary, including if we believe it breaks these Terms of Use, infringes anyone's rights, threatens anyone's safety, or could create liability for us;
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disclose your identity to someone who claims your Contribution infringes their rights, including their privacy or intellectual property;
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take legal action, including referral to law enforcement, over illegal or unauthorised use of the Service; and
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suspend or end your access to all or part of the Service, for any reason, including a breach of these Terms of Use.
We will cooperate with law enforcement and court orders asking us to identify anyone who posted something on the Service.
You waive any claim against UnXplored, its affiliates and service providers for anything done during, or as a result of, an investigation by us or by law enforcement.
We cannot review everything before it is posted, and we cannot guarantee that objectionable material is removed promptly. We accept no liability for what users or third parties post, or for any action we do or do not take about it.

6. Content standards

Every Contribution must comply with all applicable laws. In particular, a Contribution must not:
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be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful or inflammatory;
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promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
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infringe anyone's copyright, trademark or other rights;
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breach anyone's privacy or publicity rights, or anything else that could create civil or criminal liability or conflict with these Terms of Use or our Privacy Policy;
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be likely to deceive anyone;
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promote or assist anything illegal;
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be likely to upset, alarm, embarrass or needlessly annoy anyone;
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impersonate anyone, or misrepresent who you are or who you are connected with;
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advertise or sell anything, or run contests or promotions; or
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suggest that it comes from, or is endorsed by, us or anyone else when it is not.

8. Information on the Service

Information on the Service is for general information only. We do not promise that it is accurate, complete or useful, and if you rely on it, you do so at your own risk. We accept no liability for reliance on it by you or anyone you tell about it.
Some content comes from other people — other users, and third-party providers. Opinions and statements in it are theirs, not ours, and we are not responsible for them.
We update the Service from time to time, but some of its content may be out of date at any given moment, and we are not obliged to update it.

9. Booking a Trip

Booking a Trip, and anything else you buy through the Service, is governed by our Trip Terms & Conditions, which form part of these Terms of Use. Some features may have extra terms of their own, which also form part of these Terms of Use.

10. Linking and sharing

You may link to our website, and use the app's share features, as long as you do it fairly and lawfully and do not damage or take advantage of our reputation. You must not suggest any association with, or endorsement by, UnXplored that does not exist. You must not frame the Service or present it as part of another site, and any site you link from must meet the content standards in section 6.
We may withdraw permission to link, and disable any sharing feature or link, at any time without notice. If we ask you to stop any unauthorised framing or linking, you agree to help us stop it.
Links from the Service to other sites, including in adverts, are for convenience only. We do not control those sites and are not responsible for them, or for any loss from using them. You visit them at your own risk and under their terms.

11. No warranties

We cannot promise that anything you download from the internet or the Service is free of viruses or other harmful code. Protecting your devices and backing up your data is up to you.
To the fullest extent the law allows, we are not liable for any loss or damage caused by a denial-of-service attack, virus or other harmful material that affects your device, programs or data because you used the Service, or anything obtained through it, or downloaded anything from it or from a site it links to.
You use the Service at your own risk. It is provided "as is" and "as available", without warranties of any kind, express or implied. Neither UnXplored nor anyone connected with us promises that the Service will be complete, secure, reliable, accurate, available, error-free or uninterrupted, that defects will be fixed, that it is free of viruses, or that it will meet your needs. To the fullest extent the law allows, we exclude all warranties, including those of merchantability, non-infringement and fitness for a particular purpose. This does not affect any warranty that cannot be excluded by law.

12. Limits on our liability

To the fullest extent the law allows, UnXplored, its affiliates, licensors, service providers, employees, agents, officers and directors are not liable for damages of any kind, under any legal theory, arising from your use of, or inability to use, the Service, any site linked to it, or any content on them. That includes direct, indirect, special, incidental, consequential and punitive damages, personal injury, pain and suffering, emotional distress, and loss of revenue, profit, business, savings, use, goodwill or data, whether caused by negligence, breach of contract or otherwise, and even if foreseeable.
This limit does not apply to liability for our gross negligence or wilful misconduct, or to any liability that cannot be excluded or limited by law.

13. Indemnity

You agree to defend, indemnify and hold harmless UnXplored, its affiliates, licensors and service providers, and their officers, directors, employees, contractors, agents, suppliers, successors and assigns, against any claim, liability, damage, judgment, award, loss, cost or fee (including reasonable legal fees) arising from your breach of these Terms of Use or your use of the Service — including your Contributions, and any use of the Service or its content other than as these Terms of Use allow.

14. Governing law and claims

These Terms of Use, the Service, and any dispute or claim about them (including non-contractual ones) are governed by the law of [GOVERNING LAW AND COURTS], without regard to conflict-of-law rules. Any proceedings must be brought exclusively in its courts, and you waive any objection to their jurisdiction and venue. We may still bring proceedings against you for a breach of these Terms of Use in your country of residence or any other relevant country.
Any claim you have arising from these Terms of Use or the Service must be started within 1 year of the date it arose; after that, it is permanently barred.

15. General

No waiver. If we waive any term, that does not waive it again in future or waive any other term, and not enforcing a right does not give it up.
Severability. If a court finds any part of these Terms of Use invalid or unenforceable, that part is removed or limited only as far as necessary, and the rest continues in full force.
Entire agreement. These Terms of Use, our Privacy Policy and our Trip Terms & Conditions are the whole agreement between you and The UnXplored Ltd. about the Service, and replace everything said or agreed before, written or spoken.
Contact. The Service is run by The UnXplored Ltd.. Copyright notices should be sent as section 7 describes. Anything else — feedback, questions, support requests — goes to info@theunxplored.com.
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