Nutzungsbedingungen

WeAbroad App End User License Agreement EULA

This End User License Agreement (“Agreement”) is between you and WeAbroad and governs use of this app made available through the Apple App Store. By installing the WeAbroad App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the WeAbroad App. In order to ensure WeAbroad provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report” feature found under each post.

Parties

This Agreement is between you and WeAbroad only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. WeAbroad, not Apple, is solely responsible for the WeAbroad App and its content.

Privacy

WeAbroad may collect and use information about your usage of the WeAbroad App, including certain types of information from and about your device. WeAbroad may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the WeAbroad App.

Limited License

WeAbroad grants you a limited, non-exclusive, non-transferable, revocable license to use theWeAbroad App for your personal, non-commercial purposes. You may only use theWeAbroad App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

Age Restrictions

By using the WeAbroad App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the WeAbroad App does not violate any applicable law or regulation. Your access to the WeAbroad App may be terminated without warning if WeAbroad believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the WeAbroad App, you agree to be bound by this Agreement in respect to your child’s use of the WeAbroad App.

Objectionable Content Policy

Content may not be submitted to WeAbroad, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

Warranty

WeAbroad disclaims all warranties about the WeAbroad App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, WeAbroad, not Apple, shall be solely responsible for such warranty.

Maintenance and Support

WeAbroad does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, WeAbroad, not Apple, shall be obligated to furnish any such maintenance or support.

Product Claims

WeAbroad, not Apple, is responsible for addressing any claims by you relating to the WeAbroad App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the WeAbroad App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

Third Party Intellectual Property Claims

WeAbroad shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the WeAbroad App. To the extent WeAbroad is required to provide indemnification by applicable law, WeAbroad, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the WeAbroad App or your use of it infringes any third party intellectual property right.

INTRODUCTION

Your use of WeAbroad is subject to these End User License Agreement (these “ Agreement“). Thank you for reviewing these Agreement – we hope you enjoy using WeAbroad.

If you have any questions about, or if you wish to send us any notices in relation to, these Agreement, please contact us at support@weabroadapp.com.

Compliance with these Agreement

These Agreement applies to you if you are a user of WeAbroad anywhere in the world, except if you belong in any of the following categories: (i) a user of WeAbroad in the People’s Republic of China; (ii) a citizen of the People’s Republic of China using WeAbroad anywhere in the world; or (iii) a Chinese-incorporated company using WeAbroad anywhere in the world. If you belong in any of these categories, please refer to the End User License Agreement (PRC Users) for the Agreement that apply to you.

Please review these Agreement and our policies and instructions to understand how you can and cannot use WeAbroad. You must comply with these Agreement in your use of WeAbroad and only use WeAbroad as permitted by applicable laws and regulations, wherever you may be when you use them. If you do not agree to these Agreement, you must not use WeAbroad.

For the purposes of these Agreement, any reference in these Agreement to „WeAbroad“ refers to WeAbroad and all WeAbroad-related services provided by or on behalf of us or our affiliate companies.

WeAbroad policies

The following are additional policies that you must comply with in using WeAbroad:

WeAbroad Privacy Policy – which sets out how we collect, store and use your personal information, as well as our policy on the use of tracking technologies; and

WeAbroad Acceptable Use Policy – which sets out rules of good behaviour applicable to your use of WeAbroad.

Agreements applicable to specific WeAbroad features

Some of our services and features may have additional Agreements specific to their use (as notified by us to you), and you must comply with such additional Agreements in your use of such services and features, as well as these Agreements.

If you are a citizen or a habitual resident of the following countries, the following country-specific Agreements will also apply to your use of WeAbroad:

USA; or Australia.

To the extent that any additional Agreements or policies are different from these Agreements, the relevant additional Agreements or additional policies will apply, except that nothing in those additional Agreements or policies will (unless expressly indicated otherwise in those additional Agreements or policies) amend the following sections of these Agreements:

„Changes to these Agreements and WeAbroad“;

„Our Intellectual Property Rights“; and

„Liability for WeAbroad“.

However, to the extent that any country-specific Agreements differ from these Agreements or any additional Agreements or policies, the relevant country-specific Agreements will apply, regardless of which section of these Agreements is in question.

CHANGES TO THESE AGREEMENTS AND WEABROAD

We may make changes to these Agreements over time, so please come back and review them.

In addition, as WeAbroad and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from WeAbroad (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.

Where we consider that any changes to these Agreements or WeAbroad are reasonably material, we will (where reasonably practicable) notify you (via https://weabroadapp.com, direct communication to you or other means), prior to the change becoming effective. By continuing to use WeAbroad after we make any changes to these Agreements or WeAbroad, with or without notice from us, you are agreeing to be bound by these revised Agreements.

YOUR ACCOUNT

You may need to create an account with us in order to access and use WeAbroad.

Any account that you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account name, user ID and other identifiers you adopt within WeAbroad remains our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.

You are responsible for: (i) safeguarding your account details, including any passwords used to access your account and WeAbroad, and (ii) all use of WeAbroad under your account. You must promptly notify us at support@weabroadapp.com if you know or suspect that your password or account has been compromised. We will regard all use of your account on WeAbroad as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.

Account deactivation

WeAbroad may offer methods for deactivating your service-specific account – please refer to WeAbroad for further guidance (if available) from time to time.

YOUR CONTENT

When you submit, upload, transmit or display any data, information, media or other content in connection with your use of WeAbroad (“ Your Content“), you understand and agree that:

you will continue to own and be responsible for Your Content;

we will not sell Your Content to any third party;

you are giving us and our affiliate companies the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve WeAbroad and our other services, including new services that we may provide in the future. All such use will be in accordance with our WeAbroad Privacy Policy;

in using Your Content for these purposes, we and our affiliate companies may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future;

we may share Your Content with third parties that we work with to help provide, promote, develop and improve WeAbroad, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to WeAbroad);

we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and

you will comply with these Agreements, including our WeAbroad Acceptable Use Policy, in your submission of Your Content.

You may be able to create certain content within WeAbroad, such as Stickers. Such content is part of Your Content, and is subject to these Agreements.

In addition, you agree that we and our affiliate companies (subject to these Agreements, our WeAbroad Privacy Policy and applicable laws and regulations):

are allowed to retain and continue to use Your Content after you stop using WeAbroad – for example, where you have shared Your Content with other users of WeAbroad;

may be required to retain or disclose Your Content in order to: (i) comply with applicable laws or regulations; (ii) comply with a court order, subpoena or other legal process; or (iii) respond to a lawful request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); and

may need to retain or disclose Your Content in order to enforce these Agreements, protect our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of WeAbroad.

You understand that even if you seek to delete Your Content from WeAbroad, it may as a technical and administrative matter take some time or not be possible to achieve this – for example, we may not be able to prevent any third party from storing or using any of Your Content that you have made public via WeAbroad.

We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate or as required by applicable laws and regulations.

Responsibility for Your Content

You are solely responsible for Your Content and we recommend that you keep a back-up copy of it at all times.

You must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Agreements; and (ii) Your Content (and our use of Your Content in accordance with these Agreements) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.

INFRINGEMENT OF RIGHTS

We may respond to notices of alleged infringement of rights (including infringement of intellectual property rights, defamation and infringement of other civil rights) and other claims and demands. If you have any such infringement-related concerns, please contact support@weabroadapp.com.

THIRD PARTY CONTENT AND SERVICES

We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by WeAbroad, including content provided by users of WeAbroad or by our advertisers. You acknowledge and agree that by using WeAbroad, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from WeAbroad by you is at your own risk. Your use of WeAbroad does not give you any rights in or to any content you may access or obtain in connection with your use of WeAbroad.

We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through WeAbroad and we will bear no responsibility for your use of or relationship with any such third parties or third party services.

We may review (but make no commitment to review) content or third party services made available through WeAbroad to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of WeAbroad.

There may be, from time to time, third party content and services on WeAbroad that are subject to further Agreements – for examples, Agreements from the relevant third party that originally produced or created such content or service, or Agreements from the relevant third party in relation to promotional activities being held on WeAbroad. You agree to comply with any such further Agreements and conditions as notified to you in relation to your use of such third party content and services.

ADVERTISING CONTENT ON WEABROAD

WeAbroad may include advertising or commercial content. You agree that we are allowed to integrate, display and otherwise communicate advertising or commercial content in WeAbroad and that (where reasonably practicable) we will identify paid such advertising or commercial content. You also agree that, as explained in more detail in our WeAbroad Privacy Policy, we use targeted advertising to try to make advertising more relevant and valuable to you.

OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or to WeAbroad and any WeAbroad Software (including any future updates, upgrades and new versions to all such WeAbroad Software), will continue to belong to us and our licensors. Except as expressly provided in these Agreements, you have no right to use our intellectual property rights. In particular, you have no right to use our trade marks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding WeAbroad are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.

Where you download and use any software from us as part of or in relation to your use of WeAbroad (any such software being the “ WeAbroad Software“), we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the relevant WeAbroad Software in accordance with these Agreements (including any specific technical requirements that relate to the WeAbroad Software or its use on your particular device). Please note that these licence Agreements may be supplemented by Agreements and conditions applicable to the specific WeAbroad Software.

You may not copy, modify, reverse compile, reverse engineer or extract source codes from WeAbroad Software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from WeAbroad Software, you will first contact us to request the information you need.

We may from time to time provide updates to WeAbroad Software. Such updates may occur automatically or manually. Please note that WeAbroad Software may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of WeAbroad Software, or that such updates will continue to support your device or system.

For the purposes of these Agreements, „WeAbroad Software“ includes any items, content or features (the “ Items“) within the WeAbroad Software – for example, Stickers, games or other downloadable items within WeAbroad, and any content accessed or used by you within WeAbroad. You must comply with any additional Agreements and conditions applicable to any such Items. We will notify you of any such additional Agreements and conditions within WeAbroad, within an Appendix to these Agreements and/or in another manner. We may license these Items to you upon payment by you of „real world money“ as applicable from time to time. You acknowledge that you do not own these Items and the amounts associated with such Items do not refer to any credit balance of real currency or the equivalent. We may eliminate these Items from WeAbroad at any time, with or without notice, and we have no liability to you in the event that we exercise these rights.

We may in our discretion provide technical support for WeAbroad (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind, and subject always to these Agreements.

USE OF YOUR DEVICE BY WEABROAD

In order for us to provide WeAbroad to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access WeAbroad – for example, we may need to use your device’s processor and storage to complete the relevant WeAbroad Software installation, or we may need to access your contact list to provide certain interactive functions within WeAbroad. You agree to give us such access to and use of your device.

We will provide further information regarding how WeAbroad uses and accesses your device within WeAbroad or in another manner (e.g. via the relevant app store as part of the installation process for WeAbroad on your device). You understand that if you do not provide us with such right of use or access, we may not be able to provide WeAbroad to you.

Any Personal Information (as defined in the WeAbroad Privacy Policy) that we use or access within your device will be treated in accordance with these Agreements, including our WeAbroad Privacy Policy.

You may need an adequate internet connection in order to authentic your WeAbroad account or use WeAbroad. You may also be required to activate certain functionalities within WeAbroad in the manner described within WeAbroad. You may not be able to use certain functionalities within WeAbroad if you do not comply with such requirements.

Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of WeAbroad or WeAbroad Software.

THIRD PARTY SOFTWARE

The „Third Party Content and Services“ section above applies to any software supplied by third parties (including software, plug-ins, tools, codecs, data and content within such software) for use in connection with, or incorporated within, WeAbroad (“ Third Party Software“), including your use of such Third Party Software.

In addition to that section, please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any such Third Party Software. Any reliance on or use of such Third Party Software is at your own risk.

You must comply with any additional Agreements and conditions applicable to any such Third Party Software. We will notify you of any such additional Agreements within WeAbroad, within an Appendix to these Agreements and/or in another manner.

We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for such technical support.

OPEN SOURCE SOFTWARE

Further to the „Third Party Software“ section above, WeAbroad may use software that is subject to „open source“ licences (the “ Open Source Software“). Where we use such Open Source Software, please note that:

there may be provisions in the Open Source Software’s licence that expressly override these Agreements, in which case such provisions shall prevail to the extent of any conflict with these Agreements; and

we will credit the relevant Open Source Software (including notifying you of the relevant Open Source Software Agreements) within WeAbroad, within an Appendix to these Agreements and/or in another manner.

WARRANTY AND DISCLAIMER

We warrant to you that we will provide WeAbroad using reasonable care and skill.

APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, WEABROAD (INCLUDING ANY WEABROAD SOFTWARE) IS PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO WEABROAD, ANY WEABROAD SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY WEABROAD, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT WABROAD OR WEABROAD SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT WEABROAD OR WEABROAD SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT WEABROAD OR WEABROAD SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.

LIABILITY FOR WEABROAD

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE Agreements, OR WEABROAD (INCLUDING ANY WEABROAD SOFTWARE), ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF WEABROAD OR WEABROAD SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (II) USD100 (ONE HUNDRED US DOLLARS).

TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING:

IN CONNECTION WITH THESE Agreements OR WEABROAD OR WEABROAD SOFTWARE, FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORIZED USE OF WEABROAD OR WEABROAD SOFTWARE; (VI) YOUR USE OF WEABROAD OR WEABROAD SOFTWARE IN BREACH OF THESE Agreements; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY;

FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND/OR

FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.

Nothing in these Agreements limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations:

any liability for fraud;

any liability for death or personal injury;

any liability for gross negligence or wilful misconduct; or

any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.

NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE Agreements, NOTHING IN THESE Agreements LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.

YOU AGREE THAT YOU (AND YOUR ORGANIZATION, IF YOU ARE USING WEABROAD OR WEABROAD SOFTWARE ON BEHALF OF SUCH ORGANIZATION) INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS‘ FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF WEABROAD OR WEABROAD SOFTWARE; OR (II) YOUR BREACH OF THESE Agreements.

NO LIABILITY FOR THIRD PARTIES

As set out in the „Third Party Content and Services“ and „Third Party Software“ sections of these Agreements, various third parties may provide certain content, services or software within WeAbroad.

THESE Agreements GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH WEABROAD, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN WEABROAD.

TERMINATION

These Agreements will apply to your use of WeAbroad until your access to WeAbroad is terminated by either you or us.

We may suspend or terminate your access to your account or any or all of WeAbroad: (i) if we reasonably believe that you have breached these Agreements; (ii) if your use of WeAbroad creates risk for us or for other users of WeAbroad, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use WeAbroad for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.

Upon termination of your access to WeAbroad (in whole or in part), you will immediately permanently delete all copies of WeAbroad Software to which the termination relates and you will immediately cease accessing and using any such WeAbroad Software.

Retention and back-up of Your Content

Following termination of these Agreements, we will only retain and use Your Content in accordance with these Agreements (in particular, the WeAbroad Privacy Policy). Where we suspend or terminate all or part of WeAbroad, or where your access to WeAbroad is terminated by you or us, we do not guarantee that we will be able to return any of Your Content back to you and we may permanently delete Your Content without notice to you at any time after termination. Please ensure that you regularly back up Your Content.

GENERAL

These Agreements are the entire agreement between you and us in relation to WeAbroad. You agree that you will have no claim against us for any statement which is not explicitly set out in these Agreements. The words „include“ and „including“ are to be construed without limitation. The invalidity of any provision of these Agreements (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Agreements as drafted, we may replace those Agreements with similar Agreements to the extent enforceable under applicable laws and regulations, without changing the remaining Agreements of these Agreements. No delay in enforcing any provision of these Agreements will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Agreements which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Agreements.

No person other than you and us will have any right to enforce these Agreements against any person, and you may not delegate, assign or transfer these Agreements or any rights or obligations under these Agreements without our prior consent. We may freely assign, transfer or sub-contract these Agreements or our rights and obligations under these Agreements, in whole or in part, without your prior consent or prior notice to you.

GOVERNING LAW AND DISPUTE RESOLUTION

Except to the extent that: (i) any applicable additional Agreements incorporated into these Agreements provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for example, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court)):

these Agreements and any dispute or claim arising out of or in connection with these Agreements will be governed by the law of the German Special Administrative Region; and

any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Agreements, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.

WEABROAD End User License Agreement (USA-SPECIFIC Agreements)

If you are a user of WeAbroad in the United States of America, the below Agreements are incorporated into these Agreements, and override these Agreements to the extent of any inconsistency.

If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: „A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.“

EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE Agreements OR THE TRANSACTIONS CONTEMPLATED HEREBY.

WEABROAD End User License Agreement (AUSTRALIA-SPECIFIC Agreements)

If you are a user of WeAbroad in Australia, the below Agreements are incorporated into these Agreements, and override these Agreements to the extent of any inconsistency.

All express or implied guarantees, warranties, representations, or other Agreements and conditions relating to these Agreements or their subject matter, not contained in these Agreements, are excluded from these Agreements to the maximum extent permitted by applicable laws and regulations.

Nothing in these Agreements excludes, restricts or modifies any guarantee, warranty, agreement or condition, right or remedy implied or imposed by any applicable laws and regulations which cannot lawfully be excluded, restricted or modified.

If any guarantee, condition, warranty or Agreement is implied or imposed by any applicable laws and regulations and cannot be excluded (a “ Non-Excludable Provision „), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:

in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, 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; or

in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

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