Last Revised on 03.07.2023
These Terms ("Terms") govern your rights and responsibilities as a Content Provider. It is important that you carefully review and understand these Terms, as they outline the terms and conditions under which you may upload and share your Content. We recommend that you also review our Privacy Policy.
By uploading your Content, you acknowledge and agree to be bound by these Terms and our Privacy Policy. It is your responsibility to familiarise yourself with these Terms and comply with all applicable regulations and laws.
If you have any questions or concerns about these Terms or our Privacy Policy, please contact us for further clarification.
OO1.1. The following terms used in these Terms have the meanings set forth in this paragraph:
OOOO1.1.1. Account
OOOOThe private environment of the Content Provider in the interface of the WeGoTrip CMS, to which the Content OOOOProvider shall have access after entering his/her registration data: Name and Surname of the representative, email OOOOaddress to register in the WeGoTrip CMS, telephone number, city of provision of the Content, the language of a OOOOprovision of the Content;
OOOORegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of OOOOnatural persons with regard to the processing of Personal Data and on the free movement of such data and OOOOrepealing Directive 95/46/EC. Unless expressly stated otherwise in these Terms, any term shall have the same OOOOmeaning as stipulated in the GDPR.
OOOO1.1.3. WeGoTrip CMS
OOOOThe online content management system (CMS) on the Website or the WeGoTrip App that the Content Provider OOOOuses to create, upload and manage its Content;
OOOO1.1.4. Content
OOOOAll information and/or data provided, modified or uploaded by the Content Provider through the WeGoTrip CMS, OOOOincluding but not limited to the tours, activities and other travel-related destination services, mobile guides OOOOcontaining information on museums and/or public sites or attractions provided in the text, photos, video, audio OOOOmaterials, as well as in any other form;
OOOO1.1.5. Content Provider or you
OOOOAny business, enterprise, legal entity, sole proprietor or individual, whether operating within a business or OOOOprofession, which has created an Account and uses the WeGoTrip Service, including by uploading Content via OOOOWeGoTrip CMS;
OOOO1.1.6. Database
OOOOThe database into which the Content is included and which WeGoTrip can make available to associated entities, OOOOthird-party service providers and End Users;
OOOO1.1.7. End User
OOOOThe individual person using the Content through any of the Products or any of the WeGoTrip products (e.g. the OOOOWeGoTrip App or the Website);
OOOO1.1.8. Intellectual Property Rights
OOOOAll intellectual and industrial property rights and similar rights of whatever nature anywhere in the world whether OOOOcurrently existing or coming into existence at some future time and all rights pertaining thereto, whether recorded OOOOor registered in any manner or otherwise, including (but not limited to) any copyrights and related rights, industrial OOOOdesign rights and other design rights, registered designs, patents, utility models, inventions (whether or not OOOOpatentable), trademarks, service marks, database and software rights, rights to layout-designs of integrated circuits, OOOOtrade secrets, know-how, confidential information, business names, trade names, brand names, domain names and OOOOall other legal rights anywhere in the world protecting such intangible property including, where applicable, all OOOOrenewals, extensions and applications for registration, the right to apply for registration and the right to sue for OOOOdamages for past and then-current infringement in respect of any of the same;
OOOO1.1.9. WeGoTrip App
OOOOWeGoTrip mobile apps;
OOOO1.1.10. WeGoTrip Service
OOOOIn the context of these Terms, this means the service provided by WeGoTrip to the Content Provider in the manner OOOOdescribed in Article 3;
OOOO1.1.11. Website
OOOOhttps://wegotrip.com/ and all top-level and subdomains;
OOOO1.1.12. WeGoTrip or we
OOOOWeGoTrip OU, registry code 14861088, address Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 3 // 5 // 7, OOOO10145;
OOOO1.1.13. Terms
OOOOThese Terms;
OOOO1.1.14. Login
OOOOThe name and password that the Content Provider provides when creating an Account and through which the OOOOContent Provider accesses the Account;
OOOO1.1.15. Personal Data
OOOOHas the meaning given to it in the General Data Protection Regulation (GDPR);
OOOO1.1.16. Product or Products
OOOOThe Partner's current and future products, including but not limited to mobile applications, web/web interfaces, OOOOmapping/navigation/positioning devices and/or other display devices, technologies and/or services;
OOOO1.1.17. Partner
OOOOAn entity or individual who has accessed the Database and incorporates Content into its Products (e.g. it may be OOOOother application or platform providers such as hotel reservation companies, airline reservation companies, or OOOOnavigation systems), including its agents, distributors and other types of intermediary companies and/or persons.
OO1.2. The rest of the terms and definitions in the text of the Terms are interpreted by the parties according to the current OOregulations of the Republic of Estonia.
OO1.3. The headings (of articles) of the Terms are for convenience only and shall not in any way affect the meaning or OOinterpretation of the Terms.
OO1.4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include OOthe singular and a reference to one gender shall include a reference to other genders.
OO1.5. A reference to writing or written includes email.
OO1.6. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting these OOTerms.
OO1.7. Any words following the terms including, include, in particular, or any similar expression shall be construed as OOillustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2.Applicability of the Terms of Use
OO2.1. By using the WeGoTrip Service, you accept these Terms. In order to avoid any discrepancies between the applicable OOterms and conditions, your own terms and conditions (if any) will not apply.
OO2.2. We reserve the right to make changes to these Terms from time to time, which may be necessary due to business OOdevelopment, new regulations, or other reasons. You acknowledge and agree that we are not required to seek your OOapproval for these changes. The most recent version of the Terms can always be found on the Website. We will provide OOnotice that a change has been made to these Terms by posting the revised Terms to the Website and changing the "Last OORevised" date at the top of the Terms.
OO2.3. By continuing to use the WeGoTrip Service following any modifications made to these Terms, you signify your OOacceptance and agreement to be bound by the amended Terms. In the event that you do not agree to the revised Terms, OOwe kindly request that you terminate your use of the WeGoTrip Services.
OO2.4. It is possible that certain provisions of these Terms may become illegal, invalid, or unenforceable due to various OOreasons, including the repeal of mandatory consumer protection laws. In such cases, the invalid provision shall not OOimpact the validity of the remaining provisions of these Terms. The invalid provision will be substituted with another OOprovision that is valid in all respects, aiming to maintain an effect as close as possible to that of the provision being OOreplaced.
3.Basic terms and conditions of the WeGoTrip Service
OO3.1. The Content Provider agrees to provide certain Content that WeGoTrip may market and distribute through the OOWebsite, weGoTrip App, and Partners’ platforms for purchase (i.e., booking) by End Users, all as described further in OOthese Terms. WeGoTrip grants you the right to access and use the WeGoTrip CMS, which allows you to upload, store OOand manage (i.e. change, add and delete) Content. The Content you upload will become part of the Database. We make OOthe Database available to Partners which may incorporate Content into their Products as described further in Article 7.
OO3.2. Given that the WeGoTrip Service operates as a free and open platform for Content Providers, it is expressly stated OOthat Content Providers shall not assert exclusive rights or claims over any specific public facility or attraction. The OOWeGoTrip Service allows each Content Provider to incorporate public facilities or attractions within their respective OOContent, without granting exclusive rights or privileges.
OO3.3. We will provide the WeGoTrip Service to the best of our ability. However, you must agree that the WeGoTrip OOService contains only those features which you will find at the time of use ("as is"). Except as expressly provided in these OOTerms, we make no warranty, express, implied, statutory or otherwise, including but not limited to any warranty of OOmerchantability or fitness for a particular purpose, quality, security, integrity, reliability or accuracy of the WeGoTrip OOService or WeGoTrip CMS, or that any part of the WeGoTrip Service will be uninterrupted, error-free, virus-free, timely, OOsecure, nor do we make any implied or explicit warranty that any Content is safe in any manner for download (if OOapplicable).
4.Accessing the WeGoTrip Service
OO4.1. In order to use the WeGoTrip Service, it is necessary to create an account by following the registration procedure OOon the Website [or in the WeGoTrip App]. The Content Provider will be asked to indicate a contact person and provide OOthe contact details of the contact person. You need to ensure that all information provided is up-to-date, correct and OOcomplete. This is important to us as in some cases (e.g. if there are questions about your Content) we may need to OOcontact the Content Provider. No Content Provider is permitted to create an account under anyone else's name.
OO4.2. If you are a natural person under the age of 18, you shall be allowed to register as a Content Provider. In such a case OOyou shall have the permission of your parent(s) or legal guardian(s) to create an Account and use the WeGoTrip Service.
OO4.3. In the event that you register an Account and use the WeGoTrip Service on behalf of another person, company, or OOother commercial entity, you acknowledge and accept the responsibility for possessing the necessary legal authority to OObind that person, company, or other commercial entity to these Terms.
OO4.4. To complete the registration process, a login and password are required. It is imperative that you maintain the OOconfidentiality of your Login to prevent unauthorised use of your Account. In the event that you become aware or have OOreason to suspect that your Login has been compromised or accessed by unauthorised individuals, you shall promptly OOnotify WeGoTrip without delay. Additionally, you are responsible for taking appropriate and effective measures to OOchange your login details to enhance security.
OO4.5. If you can no longer access your Account (for example, because the person who created the Account has left your OOcompany without leaving the Login), please contact us at support@wegotrip.com.
OO4.6. WeGoTrip may use your contact details to send emails regarding the WeGoTrip Service.
OO4.7. In the event that you make your Account available to other parties (third parties), you will be solely responsible for OOtheir actions. This means that any damage to your content or costs arising from the use of the WeGoTrip Services by OOsuch third parties shall be borne by your own account. These Terms also apply to such third parties using your Account.
OO4.8. In some cases, we may need to contact you. If you do not respond to our request within one month, we will assume OOthat you no longer wish to use your Account and we reserve the right to close your Account and remove your Content.
OO4.9. For the purpose of enhancing the WeGoTrip Service or other valid reasons, WeGoTrip may find it necessary to OOimplement functional, procedural, or technical changes to the WeGoTrip Service, including WeGoTrip CMS. This may OOalso involve the temporary or permanent disabling of all or a portion of the WeGoTrip Service. It is acknowledged that OOWeGoTrip shall not be held liable for such actions.
OO4.10. The Content Provider is exclusively responsible for the procurement and/or correct operation of the OOinfrastructure necessary for the use of the WeGoTrip Service. WeGoTrip shall not be held liable for damages or costs OOarising from transmission errors, malfunctions or unavailability of computer, data or telecommunication facilities, OOincluding the Internet.
OO4.11. We carry out all reasonable measurements to ensure that the WeGoTrip Service works faultlessly at all times. In OOthe event that the WeGoTrip Service or part thereof is nevertheless (temporarily) unavailable or not working properly, OOwe cannot be held liable for any resulting damage or costs.
OO4.12. Please be aware that we do not assume responsibility for the storage of your data, including your Content. This OOmeans that if you delete your Content from our platform or if technical issues arise, your Content may be permanently OOlost, and we may be unable to recover it. Therefore, it is strongly recommended that you maintain a copy of your OOContent on your own devices for backup and storage purposes.
OO4.13. In the case where multiple Content Providers contribute Content for a specific place/destination/event, OOWeGoTrip reserves the right to choose which Content (from which Content Provider) to display and the particular OOorder of such display.
5.Using the WeGoTrip Services
OO5.1. You are granted the freedom to utilise the WeGoTrip Services, and as the Account holder, you shall assume sole OOresponsibility for the Content and its management, including the ability to modify, add, and remove the Content made OOaccessible through your Account.
OO5.2. We reserve the right to establish minimum standards for Content, which may encompass technical requirements, OOinformation quality, and level of detail, among other aspects. These standards may be amended or supplemented at our OOdiscretion and at any time. Should you have any inquiries or concerns pertaining to these minimum standards, please do OOnot hesitate to contact us.
OO5.3. No Content can be accessed and the WeGoTrip Service cannot be used in any way:
OOOO5.3.1. is discriminatory with regard to race, ethnicity, religion, sex, culture or heritage or is otherwise offensive;
OOOO5.3.2. calls for violence and/or harassment of others;
OOOO5.3.3. is false and/or misleading, including but not limited to the acceptance of a false identity and/or the making of a OOOOfalse assumption that the Content Provider is in any way commercially connected to WeGoTrip;
OOOO5.3.4. contains viruses, Trojan horses, worms, bots or other software which could damage, disable, remove or render OOOOinaccessible the WeGoTrip Service;
OOOO5.3.5. violates these Terms, the Privacy Policy and/or any applicable laws including the applicable laws of the OOOOjurisdiction in which the Content Provider is established/resides;
OOOO5.3.6. infringes the rights of WeGoTrip and/or third parties, including - but not limited to - Intellectual Property OOOORights and rights relating to the protection of privacy;
OOOO5.3.7. is detrimental to the interests and reputation of WeGoTrip, any of its associated entities or third-party service OOOOproviders;
OOOO5.3.8. reproduces, publishes or sells information obtained through the WeGoTrip Service, with the exception of OOOOContent created and provided by the Content Provider itself;
OOOO5.3.9. makes available Content containing advertisements of third parties, unless expressly authorised by OOOOWeGoTrip;
OOOO5.3.10. violates the minimum standards to the extent that WeGoTrip stipulates for the Content Provider;
OOOO5.3.11. involves a third party in carrying out any of the above activities.
OO5.4. Where photographs are included in the Content, the persons in such photographs shall give all necessary consent to OOsuch use, except where such consent is not required under applicable laws. You represent and warrant that you have OOobtained the consent, necessary licences, rights, releases and permissions of such persons. The submission of a third OOparty's unauthorised photographs is expressly prohibited, and you represent and warrant that you will not submit any OOContent that contains the images of any person that has not explicitly consented to have their photographs processed OOand otherwise used in the manner described herein.
OO5.5. Content provided by you through the WeGoTrip Service may be used by us, the Partners and End Users in OOaccordance with clause 6.
OO5.6. In the following situations, we reserve the right to (i) reject or delete Content, (ii) close your Account or (iii) assign OO"draft" status to Content, which means that the Content must be modified before it is made available to the Partners OOand/or the End Users:
OOOO5.6.1. if the Content does not meet the standards set out in point 5.2;
OOOO5.6.2. if the Content is not authorised under point 5.3;
OOOO5.6.3. by court order or decision of any other governmental authority; or
OOOO5.6.4. if the Content does not generally meet or contravene community standards.
OOWeGoTrip may take such a decision at its own discretion and independently of any formal analysis in accordance with OOthe applicable laws. By carrying out any of the above actions, WeGoTrip shall not be liable for the payment of any OOcompensation to the content provider.
OO5.7. If you believe that certain content offered by another content provider infringes your rights and/or the rights of a OOthird party, please notify WeGoTrip immediately in accordance with clause 13.
6.Intellectual Property Rights
OO6.1. We respect your Intellectual Property Rights and expect you to do the same with our Intellectual Property Rights. OOAs the creator and/or an exclusive owner of the Content you submit through the WeGoTrip Service, you shall retain all OOIntellectual Property Rights associated with your Content. You maintain the right to edit, modify, and/or delete your OOContent at any time within the WeGoTrip Service.
OOThe Intellectual Property Rights pertaining to the WeGoTrip Service, including the WeGoTrip CMS, the Database, the OOWeGoTrip App, and the Website, are exclusively owned by us or our licensors. This signifies that you are strictly OOprohibited from registering any domain names or trademarks that are identical or similar to any assets over which OOWeGoTrip holds Intellectual Property Rights. Additionally, you are not authorised to reproduce, modify, reverse OOengineer, or publish the WeGoTrip Service and/or WeGoTrip CMS, Website, or WeGoTrip App for any purpose other OOthan those explicitly listed in these Terms. Any actions involving the deletion, concealment, alteration, or obfuscation of OOnotices or statements related to our Intellectual Property Rights are strictly forbidden.
OONotwithstanding any provision in these Terms, nothing in these Terms shall be deemed to constitute the transfer OO(assignment) of Intellectual Property Rights between the parties.
OO6.2. As a Content Provider, you shall be granted a non-exclusive right to access and utilise the WeGoTrip Service and its OOassociated software, including WeGoTrip CMS, to the extent necessary for the proper use of the WeGoTrip Service. You OOacknowledge that WeGoTrip reserves the right to grant the same right to other content providers. This granted right OOmay only be revoked by WeGoTrip in accordance with the conditions specified in these Terms.
OO6.3. In order that we may distribute your Content and provide you with free and global promotion, you acknowledge OOand accept that by making your Content available through the WeGoTrip Service, you automatically and without charge OOgrant us the worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, create derivative OOworks, process, use and reproduce your Content. This includes the right for us to make your Content available to third OOparties and to grant third parties the same rights to your Content. The rights granted to us shall not be exclusive, so do OOnot hesitate if WeGoTrip does not distribute your Content. The rights to your Content granted to us includes but are OOnot limited to these rights:
OOOO6.3.1. use of the Content for our internal purposes, such as using screenshots for our leaflets or using them as an OOOOexample in our presentations;
OOOO6.3.2. re-formatting and/or using the Content to develop, produce and improve the Database, the WeGoTrip App OOOOand the Website, for example, to make your Content more suitable for spreadsheets, websites, iOS, Android and OOOOWindows phones;
OOOO6.3.3. include, (permanently) store, add or otherwise use (reformat) the Content in the Database, the WeGoTrip App OOOOand the Website;
OOOO6.3.4. provide certain Partners (that have been carefully selected by us) with access to your Content (via the OOOODatabase or otherwise) and the non-exclusive and worldwide right (i) to reformat and/or use your Content to OOOOdevelop, produce and improve their Products, for example, to present it in the most attractive way through their OOOOProducts, (ii) use your Content in their Products (to increase the exposure of your Content) and/or (iii) sub-licence, OOOOdeliver
OOOO6.3.5. the use of (parts of) your Content, your name, trade name and/or logo and the relationship between us for OOOOpromotional and marketing purposes, for example by presenting your Content as an example to other potential OOOOContent providers and end users, unless you do not approve such use, in which case you should contact us.
OO6.4. For the avoidance of doubt, in our agreements with the Partners, we strictly prohibit Partners from selling any of OOyour Content to any other party. In addition, your name and profile (or the name of the author) and copyright notice (if OOany) will always be available, linked to or integrated with your Content when it is made available to Partners and End OOUsers unless this is not possible for technical reasons (e.g. when we advertise your Content).
OO6.5. The licence you have granted WeGoTrip to use your Content, as outlined in clause 6.3 above, will remain valid as OOlong as your Content is accessible through WeGoTrip CMS. In the event that you remove your Content, it will be OOautomatically removed from WeGoTrip's systems, servers, and Database. However, WeGoTrip is not obligated to OOremove this Content from all proxy servers or similar technical "cache systems." It is important to note that prior to the OOdeletion of the Content, it may have already been uploaded by a third party, such as an End User, Partner, or another OOthird party. We cannot guarantee the removal of Content from any services, systems, or devices controlled and OOoperated by such third parties, nor can we prevent such third parties from using the removed Content.
OO6.6. We respect your Intellectual Property Rights under these Terms and will only work with the Partners who agree to OOdo the same. However, for technical reasons, we or the Partner may publish your Content without your name or other OOdesignation as the creator of the Content, or make any changes to the name of your Content or any minor changes to OOthe Content itself. In such cases, the meaning of the Content itself shall not be changed. You agree to accept such OOchanges and do not object to them. If such changes result in any misrepresentation, distortion or other infringement of OOyour Content that could damage your name or reputation or your dignity, you are, of course, entitled to object.
OO6.7. If you do not agree with any changes made to your Content by any Partner, or if you believe that your Intellectual OOProperty Rights have been or are being infringed by a Partner, you may notify us as soon as possible by sending a notice OOto support@wegotrip.com. In the event that you notify us of any infringement or alleged infringement of your OOIntellectual Property Rights, we will promptly initiate contact with the relevant Partner to address and resolve the OOissue. Should it be determined, in our sole discretion, that your claim is valid, we reserve the right to discontinue any OOcollaboration or cooperation with said Partner. However, it is expressly understood that WeGoTrip shall not be held OOliable or accountable for any infringements or alleged infringements of your Intellectual Property Rights by Partners, OOEnd Users, or any other parties, regardless of whether access to your Content was facilitated by us. By agreeing to these OOterms, you hereby waive all rights to make claims against us in relation to such (alleged) infringements by any third OOparty, and you further indemnify and hold WeGoTrip harmless against any and all claims brought by third parties in OOconnection with such infringements.
7.Personal data
OO7.1. We process your Personal Data and the Personal Data of the Account holders, including but not limited to OOinformation entered when you create your Account, the information provided when you use the WeGoTrip Service and OOupload/download Content, and information collected about your use of the WeGoTrip Service, such as browsing OOhistory, IP address, information about your browser and operating system, and user interaction with the browser.
OO7.2. To the extent necessary, you consent in advance to all processing by or on behalf of WeGoTrip of the Personal Data OOreferred to in clause 7.1 for the purpose:
OOOO7.2.1. developing and offering the WeGoTrip Service, the WeGoTrip App and the Website;
OOOO7.2.1. communication with you about WeGoTrip and its products and services;
OOOO7.2.1. generation of statistical data (including via Google Analytics and/or other analytics providers);
OOOO7.2.1. protecting our information systems.
OO7.3. To the extent necessary, you agree in advance that we will give the Partners access to the Personal Data set out in OOclause 7.1, other than Login, and all subsequent processing of that Personal Data by or on behalf of that Partners, for OOpurposes related thereto:
OOOO7.3.1. developing and offering their products;
OOOO7.3.2. communicating with you about the Partner and its products;
OOOO7.3.3. generation of statistical data (including via Google Analytics and/or other analytics providers);
OOOO7.3.4. protecting the Partner's information systems.
OO7.4. To the extent necessary, you will, in accordance with clauses 7.2 and 7.3, give authorisation on behalf of any persons OOusing the Account. You warrant that you have the requisite authority from such persons to grant such authorisations.
OO7.5. Content uploaded by you may contain Personal Data of persons other than the Content Provider or persons using OOthe Account. It is possible that their processing (i) by us or on our behalf for the purposes set out in paragraph 7.2, and OO(ii) by or on behalf of any Publishing Partner for the purposes set out in paragraph 7.3, requires permission from such OOother persons. If there is a substantial risk that such authorisation will be required, you must obtain such authorisation.
OO7.6. We will take appropriate technical and organisational measures to protect the Personal Data referred to in OOparagraphs 7.1 and 7.5 from accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or OOaccess.
OO7.7. Under the GDPR, processing personal data requires a legal basis. This legal basis may be the granting of OOauthorisation as set out in this clause 7, but there are other legal grounds as well. For the avoidance of doubt, the OOauthorisations granted to us and the Partners pursuant to this section are without prejudice to any other legal basis OOthat we and the Partners may have for the processing referred to in this section.
OO7.8. WeGoTrip shall at all times implement appropriate technical and organisational measures against unauthorised оr OOunlawful processing, access, disclosure, copying, modification, storage, reproduction, display оr distribution of Personal OOData, and against accidental оr unlawful loss, destruction, alteration, disclosure ог damage of Personal Data.
OO7.9. WeGoTrip will promptly and without undue delay notify the Content Provider if any data is lost or destroyed or OObecomes damaged, corrupted, or unusable.
8.Money and settlements
OO8.1. The Content Provider's remuneration is paid by WeGoTrip for the Content actually purchased by the End Users.
OO8.2. The pricing of your Content is within your discretion. However, please be aware that we retain the right to OOtemporarily offer the Content for free, or establish a reduction (discount) in the price of the Content, for promotional OOpurposes or other reasons, at our sole discretion.
OO8.3. When providing Content to End Users, the fees paid by End Users shall be distributed as follows (excluding VAT):
OOOO8.3.1. The Partner, in the event of facilitating Content sales, shall receive a fee ranging from 20% and 30% OOOO(depending on the terms of the agreement with particular Partner);
OOOO8.3.1. The Content Provider, referring to you, shall receive 30% of WeGoTrip's revenue after deducting the Partner's OOOOfee as indicated herein and/or any expenses incurred for ticket purchase (for the event, museum, tour, attraction or OOOOany similar facility) on behalf of the End User (if applicable). WeGoTrip retains the right to modify the amount of OOOOremuneration specified in these Terms pertaining to the specific Content. Any changes to the remuneration shall be OOOOat the sole discretion of WeGoTrip and may be implemented by providing prior written notice to the Content OOOOProvider. The Content Provider acknowledges and agrees that WeGoTrip shall have the authority to adjust the OOOOremuneration accordingly, provided that such modifications comply with applicable laws and regulations;
OO8.4. In order to receive remuneration from the sale of the Content, you will submit your own remuneration request to OOWeGoTrip, with payment details to transfer the funds. We will endeavour to make all payments within 5 (five) business OOdays. However, any late payment will not entitle you to suspend your obligations under these Terms, including the OOlicence provided in clause 6, nor will it entitle you to interest on such late payment.
OO8.5. In the event that WeGoTrip owes you an amount less than 50 (fifty) euros (before VAT, if applicable), we reserve the OOright, at our sole discretion, to defer the payment. The deferred payment shall occur either when your accumulated OOincome equals or exceeds 50 (fifty) euros (before VAT, if applicable), or at the end of the current financial year, OOwhichever comes first. We shall exercise this right in a manner consistent with our business practices and obligations.
OO8.6. In the event that an End User requests a refund from WeGoTrip for defective Content, WeGoTrip shall have sole OOdiscretion in determining whether a refund will be granted. If the complaints raised by the End User are deemed valid, OOno compensation shall be paid to the Content Provider for the defective Content. If any compensation has already been OOpaid, the Content Provider shall be obligated to reimburse the funds received from the sale of the defective Content, OOincluding the commission paid to WeGoTrip’s related entity or third-party service provider involved in the sale of the OOContent.
OOIf the Content Provider either (a) changes any element of the Content or (b) cancels a Content or no longer makes a OOContent available to an End User in each case after an End User has booked (purchased) the Content but before such an OOEnd User has started to receive the Content, the Content Provider will offer such End User an alternative Content of OOthe same or higher quality as the Content originally booked and/or otherwise accommodate such End User to the End OOUser’s reasonable satisfaction. If an End User cannot be accommodated to the End User’s reasonable satisfaction, the OOContent Provider agrees that the End User may cancel its booking and WeGoTrip may process a refund or refunds for OOthat End User. In this situation, the Content Provider shall not be owed (and WeGoTrip shall not be obligated to pay) any OOamount(s) for that Content, and any amount(s) already paid for such Content may be adjusted on any subsequent OOpayment owed by WeGoTrip. WeGoTrip reserves the right to charge the Content Provider reasonable fees related to OOthe foregoing.
OO8.7. WeGoTrip shall provide the Content Provider with statistical reports and information about the revenue received OOby WeGoTrip from payments made by the End Users of the Content in real-time in the Account of the Content Provider.
OO8.8. In the event that you have an outstanding payment obligation to us for any reason, we reserve the right to offset OOsuch payment obligation against any payment obligations we may have to you.
OO8.9. You acknowledge and agree that any shortfall or loss of fee on your Content resulting from the conversion of OOpayments into another currency and/or currency fluctuations shall be at your sole risk and expense. We shall not be OOliable for any such shortfall or loss, and you shall bear any associated costs or losses incurred as a result of currency OOconversion or fluctuations. It is your responsibility to monitor and manage any currency-related risks associated with OOyour Content payments.
OO8.10. Payments from your income must be claimed within 24 (twenty-four) months of the sale of the Content. Any OOpayments not claimed within the specified 24-month period shall be deemed void and will not be eligible for further OOprocessing or disbursement.
OO8.11. It is hereby acknowledged that you have the option to act as a Partner and independently promote your Content OOwithin the WeGoTrip Service. In the event that you choose to promote your Content as a Partner, you shall be entitled OOto receive an additional fee as per the terms and conditions outlined in the agreements with the Partners.
OO8.12. The Content Provider shall assume sole responsibility and liability for filing all tax information reports (returns, OOdeclarations) required to be filed as a result of the provided Content under applicable legislation.
OO8.13. In accordance with applicable laws and regulations, WeGoTrip shall have the right to deduct and withhold from OOany payments due to the Content Provider, all taxes, duties, or other charges that are required to be withheld or OOdeducted by law. WeGoTrip shall make such deductions or withholdings as may be necessary to comply with its tax OOobligations and shall remit the withheld amounts to the appropriate tax authorities on behalf of the receiving party. OOWeGoTrip shall provide the receiving party with relevant documentation and evidence of any such deductions or OOwithholdings as may be required by applicable laws. The net amount, after the deduction of taxes, shall constitute full OOand final payment to the Content Provider, and WeGoTrip shall have no further liability or obligation in respect of the OOdeducted amounts.
9.Representations and Warranties
OO9.1. You warrant that:
OOOO9.1.1. you have full legal power and authority to make the Content available through the WeGoTrip Service and to OOOOgrant a licence as set out in article 6.3;
OOOO9.1.2. your use of the WeGoTrip Service complies with all laws and regulations of the jurisdiction of your OOOOresidence/incorporation/domicile or jurisdiction in which you create the Content;
OOOO9.1.3. you are the sole owner of the (Intellectual Property Rights to) Content and/or you have obtained valid licences OOOO(permissions, reliefs, etc.) from third parties to provide the Content through the WeGoTrip Service and to grant the OOOOlicence as set out in Article 6.3;
OOOO9.1.4. the Content does not violate applicable laws, the copyrights, privacy rights, publicity rights, trademark rights, OOOOcontract rights or other rights of any person;
OOOO9.1.5. the Content does not infringe the rights of third parties, including Intellectual Property Rights, and the use of OOOOthe Content is not otherwise unlawful towards third parties;
OOOO9.1.6. you will not enter into or enter into any agreement with any third party which may result in a breach or default OOOOunder these licence conditions.
OO9.2. You agree to indemnify, defend and hold harmless WeGoTrip, its successors, affiliates, agents, directors, officers, OOemployees and shareholders against any claims, actions, litigation, damages, liabilities, losses, costs and expenses, OOincluding reasonable attorneys' fees and other legal fees, arising out of (i) any breach by you of these Terms or any other OOagreement between you and us, (ii) any third party claims of (alleged) infringement by you of the Intellectual Property OORights. WeGoTrip will provide you with written notice of any such claims, suits, proceedings, damages, liabilities, losses, OOcosts and/or expenses. You must cooperate as fully as necessary to defend any claim. We reserve the right, at our own OOexpense, to assume the exclusive defence and control of any matter subject to indemnification by you.
OO9.3. You agree that WeGoTrip shall not be held responsible for any violations of any third-party copyrights, privacy OOrights, publicity rights, trademark rights, contract rights or any other Intellectual Property Rights or other rights of any OOperson related to the Content that you submit. You agree to pay all royalties, fees and any other monies owing to any OOperson by reason of the Content uploaded, displayed or otherwise provided by you.
OO10.1. Your use of the WeGoTrip Service is at your own risk, which means that WeGoTrip, to the extent permitted by OOmandatory law, cannot be held liable for any damage which you incur as a result of using the WeGoTrip Service.
OO10.2. If we have made a mistake or done something illegal and WeGoTrip is nevertheless liable to you, liability will at all OOtimes be limited to direct damages and to an absolute maximum of 1000 (one thousand) euros per event (a sequence of OOevents will be regarded as one event).
OO10.3. Direct damage shall be understood to refer exclusively to direct damage:
OOOO10.3.1. damage to property;
OOOO10.3.2. reasonable costs incurred to prevent or limit direct damage that could reasonably be expected to result from OOOOthe event on which liability is based;
OOOO10.3.3. reasonable costs incurred to determine direct damages and liability.
OO10.4. Any liability of WeGoTrip for damage other than direct damage ("consequential damage") including, but not OOlimited to, indirect damage, loss of and/or damage to data, loss of profit, loss of reputation, or loss of sales is excluded.
OO10.5. The limitations and exclusions of liability referred to in the foregoing paragraphs of this clause shall not apply if OOand insofar as the damage is the result of wilful or intentional negligence on the part of WeGoTrip.
OO10.6. The existence of any right to compensation shall always be subject to the Content Provider informing us in writing OOas soon as possible after it becomes aware of the damage. Any claim for damages against WeGoTrip shall lapse only OOafter twelve months have elapsed from the date on which the first damage occurred.
11.Force majeure
OO11.1. WeGoTrip shall be in default if its failure to perform any obligation under these Terms is caused solely by OOsupervening conditions beyond its reasonable control, including acts of God, civil commotion, war, strikes, labour OOdisputes, third-party Internet service interruptions or slowdowns, vandalism or "hacker" attacks, acts of terrorism or OOgovernmental demands or requirements.
12.Commitment rights
OO12.1. WeGoTrip reserves the right to monitor the Content and to take appropriate action, including removing the OOContent from our platform, if we are notified or otherwise determine that the Content infringes the rights of third OOparties or is illegal. In such an event, we will not be liable to the Content Provider who created the Content. For more OOinformation, please see our notice and takedown procedure, which sets out the process we administer in response to OOcourt orders or allegations that Content is illegal, or to complaints regarding certain Content.
13.Terms and conditions for termination
OO13.1. The agreement between you and WeGoTrip shall take effect from the moment you create an Account and accept OOthese Terms and shall remain in force until terminated in accordance with this section.
OO13.2. Each party may decide to terminate the agreement:
OOOO10.3.1. if the other party breaches any material provision of the Terms which is not fully remedied within thirty (30) OOOOdays of receipt of written notice from the non-breaching party;
OOOO10.3.1. if the other party makes a general assignment for the benefit of its creditors, files a voluntary bankruptcy OOOOpetition, suffers or authorises the appointment of a receiver for its business or assets or becomes subject to any OOOOproceedings under any domestic or foreign bankruptcy or insolvency law which are not revoked within 60 (sixty) OOOOdays from the date of the petition;
OOOO10.3.1. without giving a reason at any time at least 30 (thirty) days notice in writing.
OO13.3. We have the right to immediately terminate the agreement and remove the Content and/or block the Account of OOthe Content Provider if (i) this is in accordance with our notification and the procedure for terminating the Terms, (ii) OOWeGoTrip and/or the Partner receives notice or becomes aware that the Content infringes or infringes the Intellectual OOProperty Rights of a third party, and/or (iii) Article 5.5 applies.
OO13.4. In the event of termination for any reason:
OOOO13.4.1. you immediately cease and desist from further use of the WeGoTrip Service;
OOOO13.4.1. the Content must be completely deleted at the end of the validity period;
OOOO13.4.1. point 5.5 continues to apply.
OO14.1. Any notice (including, without limitation, any notification or response to such notification) shall be given to OOWeGoTrip by using the following addresses:
OOOO14.1.1. WeGoTrip: support@wegotrip.com;
OOOO14.1.1. the Content Provider: e-mail address provided by the Content Provider when registering the Account and/or OOOOthe email of the contact person as described in these Terms.
OO14.2. The parties agree to use the emails while delivering documents, notices or claims. The parties confirm that OOdocuments, notices and claims sent from and to the emails designated hereunder shall have a legal effect and are to be OOaccepted and considered by the parties. The parties confirm that all emails sent from the authorised email addresses OOare deemed to be sent and signed by the parties. In addition, the parties agreed that a signature transmitted by facsimile OOor via email (in scanned format) shall be deemed to be an original signature.
OO14.3. Until one party advises the other one of the fact of the breach of security in respect of its authorised email OOaddress, all actions and documents done and sent from the authorised email address of one of the parties, even if these OOactions and documents have been done and sent by third parties, are considered to be done and sent by the owner of OOthe authorised email address as well as considered to be signed by the electronic signature of the corresponding party. OOIn that case, the owner of the authorised email address acquires all rights and incurs all obligations, as well as bears the OOliability arising out of these facts.
OO15.1. The Content Provider shall not assign the rights and obligations under these Terms, any rights or licences granted OOin these Terms to others without WeGoTrip’s prior written consent. WeGoTrip may assign the rights and obligations OOunder these Terms without the Content Provider’s consent or any other restriction. If WeGoTrip makes an assignment, OOWeGoTrip shall provide reasonable notice to the Content Provider. If you do not consent to such an assignment, you OOmust terminate your use of the WeGoTrip Service and close your Account.
OO15.2. Any dispute, claim or controversy arising out of or relating to these Terms, or the breach, termination or validity OOthereof, are governed by the laws of the Republic of Estonia without regard to its principles and rules on conflict of laws OOand shall be solved by the relevant court of the Republic of Estonia.
OO15.3. The parties have agreed to exclude the application of §§ 580-618 of the Estonian Law of Obligations Act (in OOEstonian: võlaõigusseadus) to the relationship of the parties created under these Terms. The rights and obligations of OOthe parties hereunder shall be several and not joint.