TOWARDS A MAGICAL FUTURE TOGETHER
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PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, PROVIDERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE JURISDICTIONS. SOME LAWS MAY RESTRICT THE PROVIDER’S ABILITY TO PROVIDE SERVICES TO PAYING USERS FOR SHORT PERIODS. SOME LAWS MAY REQUIRE PROVIDERS TO PRE REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING AN ACTIVITY OR ACCEPTING USERS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. PROVIDERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING AN ACTIVITY ON WIGGLES.



1. Key Terms

Wiggles Pte Limited, a private limited company incorporated under the laws of Singapore (“Wiggles”)  provides an online platform that connects Providers who have an Activity to rent with Users seeking to rent such Activity(collectively, the "Services"), which Services are accessible at www.wiggles.family and any other websites through which Wiggles makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
If you are using the Site, Application or Services and you reside in Singapore, these Terms of Service form a contract between you and Wiggles Pte Limited. Wiggles Pte Limited hereinafter referred to as "Wiggles", "we", "us", or "our").

"Acitvities" means class, camp or individual activities.

"Wiggles Content" means all Content that Wiggles makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

"Booking Request Period" means the time period starting from the time when a booking is requested by a User (as determined by Wiggles in its sole discretion), within which a Provider may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.

"Collective Content" means Member Content and Wiggles Content.

"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

"User or Parent" means a Member who requests from a Provider a booking of a Class or Activity via the Site, Application or Services.

"Provider" means a Member who creates a Listing via the Site, Application and Services.
"Listing" means a class or activity that is listed by a Provider as available for booking via the Site, Application, and Services.

"Member" means a person who completes Wiggles's account registration process, including but not limited to Providers and Users, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Wiggles promotional campaign to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Activity or lodging taxes, fees (such as convention center fees) that Activity providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

2. Terms of Service

By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program if any (defined below), and constitute a binding legal agreement between you and Wiggles. Please also read carefully our Privacy Policy.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROVIDERS MAY CREATE LISTINGS FOR ACTIVITY AND USERS MAY LEARN ABOUT AND BOOK ACTIVITY DIRECTLY WITH THE PROVIDERS. YOU UNDERSTAND AND AGREE THAT WIGGLES IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND USERS, NOR IS WIGGLES A BROKER, AGENT OR INSURER. WIGGLES HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, USERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACTIVITY, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON WIGGLES, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH WIGGLES IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF WIGGLES FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF WIGGLES. WIGGLES DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF WIGGLES, INCLUDING BY INAPPROPRIATELY USING ANY WIGGLES’s INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

3. Modification

Wiggles reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

4. Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
Wiggles may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Wiggles's vendors.

5. How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the listing and booking of Activity. Such Activity are included in Listings on the Site, Application and Services by Providers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Activity or create a Listing, you must first register to create an Wiggles Account (defined below).
As stated above, Wiggles makes available an online platform or marketplace with related technology for USERS and Providers to meet online and arrange for bookings of Activity directly with each other. Wiggles is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Activity, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Activity and Wiggles does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Activity or transportation or travel services. Unless explicitly specified otherwise in the Wiggles platform, Wiggles's responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE PROVIDERS AND USERS CONNECTING AND BOOKING ACTIVITY DIRECTLY WITH EACH OTHER. WIGGLES CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACTIVITY. WIGGLES IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACTIVITY. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.

6. Account Registration

In order to access certain features of the Site and Application, and to book an Activity or create a Listing, you must register to create an account ("Wiggles Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Wiggles Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Wiggles through the Site, Services or Application; or (ii) allowing Wiggles to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Wiggles and/or grant Wiggles access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Wiggles to pay any fees or making Wiggles subject to any usage limitations imposed by such third-party service providers. By granting Wiggles access to any Third-Party Accounts, you understand that Wiggles will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Wiggles Account and Wiggles Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Wiggles Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Wiggles's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Wiggles Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Wiggles makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Wiggles is not responsible for any SNS Content.
Your Wiggles Account and your Wiggles Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Wiggles Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Wiggles reserves the right to suspend or terminate your Wiggles Account and your access to the Site, Application and Services if you create more than one (1) Wiggles Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Wiggles Account, whether or not you have authorized such activities or actions. You will immediately notify Wiggles of any unauthorized use of your Wiggles Account.

7. Activity Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Activity to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Activity and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Activity must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, User and Provider preferences, ratings and/or ease of booking.
Other Members will be able to book your Activity via the Site, Application and Services based upon the information provided in your Listing, your User requirements, and Users' search parameters and preferences. You understand and agree that once a User requests a booking of your Activity, you may not request the User to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a User's participation in, an Activity in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Activity included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Wiggles assumes no responsibility for a Provider's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Wiggles reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Wiggles, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Wiggles's then-current policies and community guidelines or Standard, Trademark & Brand Guidelines (as applicable from time to time), or otherwise harmful to the Site, Application or Services.
If you are a Provider, you understand and agree that Wiggles does not act as an insurer or as your contracting agent. If a User requests a booking of your Activity and participates in your Activity, any agreement you enter into with such User is between you and the User and Wiggles is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Activity, such as requiring Members to have a profile picture or verified phone number, in order to book your Activity. Any Member wishing to book Activity included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Providering" section of the Site, Application and Services.
If you are a Provider, Wiggles makes certain tools available to you to help you to make informed decisions about which Members or Users you choose to confirm or preapprove for booking for your Activity. You acknowledge and agree that, as a Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Activity at your request or invitation, excluding the User (and the individuals the User invites to the Activity, if applicable.)
Wiggles recommends that Providers obtain appropriate insurance for their Activity. Please review any insurance policy that you may have for your Activity carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users (and the individuals the Users invites to the Activity, if applicable) while at your Activity.
Wiggles may offer Providers the option of having photographers take photographs of their Activity. If you as a Provider choose to have photographer do this, Wiggles shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words "wiggles.family Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Provider for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute Wiggles Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from Wiggles. If your Wiggles Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that Wiggles retains its right to and mayuse the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.

8. No Endorsement

Wiggles does not endorse any Member, Listing or Activity. You understand that Verified Images are intended only to indicate a photographic representation of the Activity at the time the photograph was taken. Verified Images are therefore not an endorsement by Wiggles of any Member, Listing or Activity.
Members are required by these Terms to provide accurate information. Although Wiggles may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
By registering for an Wiggles Account, you agree that Wiggles may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency (if applicable). If we do request a consumer report, we'll request and use it in compliance with applicable laws.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Wiggles about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to participate with a Provider or to accept or preapprove a booking request from a User, or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Wiggles with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Provider against Wiggles regarding the remittance of payments received from a User by Wiggles on behalf of a Provider, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".

9. Bookings and Financial Terms

A. Key definitions

"Activity Fees" means the amounts that are due and payable by a User in exchange for that User's participation in an Activity. The Provider alone, and not Wiggles, is responsible for the Activity Fees for his or her Listing. The Provider may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Wiggles platform, or (ii) Taxes that the Provider determines that he or she has to collect.
"User Fees" means the fee that Wiggles charges a User for the use of the Services, which is calculated as a percentage of the applicable Activity Fees. The User Fees will be displayed to the User when the User is asked whether to send a booking request to a Provider.
"Provider Fees" means the fee that Wiggles charges a Provider for the use of the Services, which is calculated as a percentage of the applicable Activity Fees. The Provider Fees will be displayed to the Provider when the Provider is asked whether to confirm or reject a booking request from a prospective User.
"Payment Method" means a payment method that you have added to your Wiggles Account, such as a credit card, debit card or PayPal.
"Service Fees" means collectively the User Fees and the Provider Fees.
"Total Fees" means collectively the Activity Fees and the User Fees plus any Taxes.

B. Bookings and Financial Terms for Providers

If you are a Provider and a booking is requested for your Activity via the Site, Application or Services, you will be required to either preapprove, confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the User who has requested the booking, (ii) a link to the User's Wiggles Account profile page, (iii) if the User and Provider have both connected their Wiggles accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the User has provided other information to Wiggles, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Wiggles (via Wiggles) for the requested booking will be refunded to the applicable User. When you confirm a booking requested by a User, Wiggles will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
Each Provider agrees that Wiggles may, in accordance with the cancellation policy selected by the Provider and reflected in the relevant Listing, (i) permit the User to cancel the booking and (ii) refund (via Wiggles) to the User that portion of the Activity Fees specified in the applicable cancellation policy.

C. Bookings and Financial Terms for Users

The Providers, not Wiggles, are solely responsible for honoring any confirmed bookings and making available any Activity reserved through the Site, Application and Services. If you, as a User, choose to enter into a transaction with a Provider for the booking of an Activity, you agree and understand that you will be required to enter into an agreement with the Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Activity imposed by the Provider. You acknowledge and agree that you, and not Wiggles, will be responsible for performing the obligations of any such agreements, that Wiggles is not a party to such agreements, and that, with the exception of Wiggles' obligations pursuant to the Payment Terms, Wiggles (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a User before the User sends a booking request to a Provider. As noted above, the Provider is required to either preapprove, confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. Upon receipt of your booking request, Wiggles may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payment Terms. If a requested booking is cancelled (i.e. not confirmed by the applicable Provider), any amounts collected by Wiggles will be refunded to such User, depending on the selections the User makes via the Site and Application, and any pre-authorization of such User's Payment Method will be released, if applicable.
You as a User agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your Wiggles Account. Wiggles will collect the Total Fees pursuant to the Payment Terms.
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

D.  Service Fees and Other Fees

In consideration for the use of Wiggles's online marketplace and platform, Wiggles charges Service Fees. Wiggles collects these Service Fees pursuant to the Payment Terms., and, where applicable, may also collect Taxes (such as GST in Singapore) in respect of the Provider Fees and User Fees. Wiggles deducts the Provider Fees from the Activity Fees before remitting the balance to the Provider as described in the Payment Terms. User Fees are, as noted above, included in the Total Fees.
More information on any such costs or deductions will be available on request via contact@wiggles.family Except as otherwise provided herein, Service Fees are non-refundable.

E. General Booking and Financial Terms

Cancellations and Refunds 
If, as a User, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Activity, the cancellation policy of the Provider contained in the applicable Listing will apply to such cancellation. Our ability to refund the Activity Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The User Fee is non-refundable regardless of the cancellation policy selected by the Provider. Wiggles will initiate any refunds due pursuant to the Payments Terms.
If a Provider cancels a confirmed booking made via the Site, Services, and Application, (i) Wiggles will refund the Total Fees for such booking to the applicable User pursuant to the Payments Terms and (ii) the User will receive an email or other communication from Wiggles containing alternative Listings and other related information. If the User requests a booking from one of the alternative Listings and the Provider associated with such alternative Listing confirms the User's requested booking, then the User agrees to pay Wiggles the Total Fees relating to the confirmed booking for the Activity in the alternative Listing, in accordance with these Terms. If a Provider cancelled a confirmed booking and you, as a User, have not received an email or other communication from Wiggles, please contact Wiggles.
If, as a Provider, you cancel a confirmed booking, you agree that Wiggles may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, Wiggles may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. Wiggles may also determine, in its sole discretion, to refund to the User part or all of the amounts charged to the User in accordance with the User Refund Policy if Wiggles has charged for the service. You agree that Wiggles and the relevant User or Provider will not have any liability for such cancellations or refunds.
Rounding Off
Wiggles may, in its sole discretion, round up or round down amounts that are payable from or to Users or Providers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Wiggles will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, Wiggles may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Wiggles to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Donations
Some Providers may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Provider does in fact make the donation he or she pledged to make. In such cases, the Provider in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Booking Modifications
You as a User or Provider are responsible for any modifications to a booking that you direct Wiggles Customer Service to make ("Booking Modifications"), and you agree to pay any Activity Fees, Student Fees, Providers Fees, Services Fees, and/or Taxes associated with such Booking Modifications.

10. Taxes

Tax regulations may require us to collect appropriate tax information from our Providers, or to withhold taxes from payouts to Providers, or both. You as a Provider understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Wiggles cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Provider, Wiggles may issue a valid GST invoice to such Provider.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Activity is located may require Taxes to be collected from Users or Providers on the amount paid for the right to use and/or occupancy of Activity, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Activity Fees set by Providers, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes").

11. Foreign Currency

Wiggles's online platform facilitates bookings between Users and Providers who may prefer to pay in a currency different from their destination currency, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Wiggles platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.

12. Damage to Activity and Security Deposits

As a User, you are responsible for leaving the Activity in the condition it was in when you arrived. You acknowledge and agree that, as a User, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Activity. In the event that a Provider claims otherwise and provides evidence of damage ("Damage Claim"), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Providers may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Activity. Wiggles will use commercially reasonable efforts to address Providers' requests and claims related to Security Deposits, but Wiggles is not responsible for administering or accepting any Damage Claims by Providers related to Security Deposits, and disclaims any and all liability in this regard.
If a Provider makes a Damage Claim for a confirmed booking of an Activity, you as a User will be notified of any Damage Claim and given forty eight (48) hours to respond. Thereafter, Wiggles (via Wiggles) will collect any such costs from you and/or against the Security Deposit in accordance with the Payments Terms. Wiggles also reserves the right to otherwise collect payment from you and pursue any avenues available to Wiggles in this regard in situations in which you have been determined, in Wiggles's sole discretion, to have damaged any Activity, including, but not limited to, in relation to any payment requests made by Providers under the Wiggles Provider Guarantee, and in relation to any payments made by Wiggles (or Wiggles) to Providers.
Both Users and Providers agree to cooperate with and assist Wiggles in good faith, and to provide Wiggles with such information and take such actions as may be reasonably requested by Wiggles, in connection with any Damage Claims or other complaints or claims made by Members relating to Activity or any personal or other property located at an Activity (including, without limitation, payment requests made or with respect to any investigation undertaken by Wiggles or a representative of Wiggles regarding use or abuse of the Site, Application or the Services. If you are a User, upon Wiggles's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Provider, at no cost to you, which process will be conducted by Wiggles or a third party selected by Wiggles or its insurer, with respect to losses for which the Provider is requesting payment from Wiggles under the Wiggles Provider Guarantee.
If you are a User, you understand and agree that Wiggles may make a claim under your insurance policy related to any damage or loss that you may have caused or been responsible for or to an Activity or any personal or other property located at an Activity (including without limitation amounts paid by Wiggles under the Wiggles Provider Guarantee). You agree to cooperate with and assist Wiggles in good faith, and to provide Wiggles with such information as may be reasonably requested by Wiggles, in order to make a claim under your insurance policy, including, but not limited to, executing documents and taking such further acts as Wiggles may reasonably request to assist Wiggles in accomplishing the foregoing

13.  User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
access or use our Site, Application, Services or the Wiggles API to use, expose, or allow to be used or exposed, any Wiggles Content: (i) that is not publicly displayed by Wiggles in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the Wiggles Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Wiggles's users or any other third party;
use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Wiggles endorsement, partnership or otherwise misleads others as to your affiliation with Wiggles;
dilute, tarnish or otherwise harm the Wiggles brand in any way, including through unauthorized use of Collective Content, registering and/or using Wiggles or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Wiggles domains, trademarks, taglines, promotional campaigns or Collective Content
copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of Wiggles or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Wiggles Student or Provider;
offer, as a Provider, any Activity that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Activity as a Provider if you are serving in the capacity of a rental agent or listing agent for a third party);
offer, as a Provider, any Activity that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
register for more than one Wiggles Account or register for an Wiggles Account on behalf of an individual other than yourself;
contact another Member for any purpose other than asking a question related to a Booking, Activity, Listing, or the Member's use of the Site, Application and Services;
recruit or otherwise solicit any Provider or other Member to join third-party services or websites that are competitive to Wiggles, without Wiggles's prior written approval;
recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content to find a Provider or Student and then complete a booking of an Activity independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Wiggles's provision of the Services or for any other reasons;
as a Provider, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
violate these Terms or Wiggles's then-current Policies and Community Guidelines or Standards;
engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Wiggles's name, any Wiggles trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Wiggles's express written consent;
access, tamper with, or use non-public areas of the Site, Application or Services, Wiggles's computer systems, or the technical delivery systems of Wiggles's providers;
attempt to probe, scan, or test the vulnerability of any Wiggles system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Wiggles or any of Wiggles's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
advocate, encourage, or assist any third party in doing any of the foregoing; or
accept or make a payment for Activity Fees outside Wiggles. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Wiggles harmless from any liability for such payment.
Wiggles has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Wiggles may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or Wiggles Account, for a violation of this Section or these Terms.
Wiggles may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Wiggles or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Wiggles Provider Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Wiggles, its users, or members of the public. You acknowledge that Wiggles has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Wiggles reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Wiggles, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Reporting Misconduct
If you particpate in an activity with a Provider anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Wiggles by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

14. Privacy

You agree that Wiggles's Privacy Policy (as may be updated from time to time) governs Wiggles's collection and use of your personal information.

15. Intellectual Property Ownership and Rights Notices

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Singaporeand foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Wiggles and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Wiggles used on or in connection with the Site, Application, Services, and Wiggles Content are trademarks or registered trademarks of Wiggles in Singapore and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Wiggles Content are used for identification purposes only and may be the property of their respective owners. As a Provider, User, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Wiggles's Trademark & Branding Guidelines (as may be updated from time to time).

16. Additional Terms

Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to Wiggles ("Referral Program"). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

17.  Application License

Subject to your compliance with these Terms, Wiggles grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Wiggles reserves all rights in the Application not expressly granted to you by these Terms.

18. Wiggles Content and Member Content License

Subject to your compliance with these Terms and Wiggles's Trademark & Branding Guidelines, Wiggles grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Wiggles Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wiggles or its licensors, except for the licenses and rights expressly granted in these Terms.

19. Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Wiggles promotional campaigns, you hereby grant to Wiggles a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Wiggles does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Wiggles promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Wiggles promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Wiggles the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Wiggles's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Wiggles promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

20. Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Wiggles is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Wiggles of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Some portions of the Wiggles platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use.

21. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, at contact@wiggles.family, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Wiggles and you hereby irrevocably assign to Wiggles and agree to irrevocably assign to Wiggles all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Wiggles's request and expense, you will execute documents and take such further acts as Wiggles may reasonably request to assist Wiggles to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
22. Copyright Policy
Wiggles respects copyright law and expects its users to do the same. It is Wiggles's policy to terminate in appropriate circumstances the Wiggles Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Term and Termination, Suspension and Other Measures
0. Term
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Wiggles terminate the Agreement as described below.

A. Termination for convenience

You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your Wiggles Account as a Provider, any confirmed bookings will be automatically cancelled and your Users will receive a full refund. If you cancel your Wiggles Account as a User any confirmed booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, Wiggles may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.

B. Termination for breach, suspension and other measures

Wiggles may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Wiggles Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Wiggles believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Wiggles or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Wiggles may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your Wiggles Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Wiggles Account, or temporarily or permanently suspend your Wiggles Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Providers or Users, or (ii) Wiggles believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Wiggles or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Wiggles and an opportunity to resolve the issue to Wiggles's reasonable satisfaction.

C. Consequences

If we take any of the measures described above we may (i) communicate to your Users or Providers that a pending or confirmed booking has been cancelled, (ii) refund your Users in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (iii) support your Users, on an exceptional basis, in finding potential alternative Activity, and (iv) you will not be entitled to any compensation for confirmed bookings that were cancelled.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Wiggles Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Wiggles Account has been suspended or this Agreement has been terminated by us, you may not register a new Wiggles Account or attempt to access and use the Site, Application and Services through other Wiggles Accounts.

D. Survival

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

23. Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WIGGLES DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, USERS AND PROVIDERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WIGGLES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WIGGLES MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACTIVITY, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WIGGLES MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACTIVITY, PROVIDERS, USERS, YOUR ACCRUAL OF WIGGLES TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WIGGLES OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROVIDERS OR USERS. YOU UNDERSTAND THAT WIGGLES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACTIVITY. WIGGLES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, USERS AND PROVIDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY WIGGLES. WIGGLES EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY STUDENT OR OTHER THIRD PARTY.

24. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF WIGGLES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER WIGGLES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WIGGLES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PROVIDERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE WIGGLES PROVIDER GUARANTEE, IN NO EVENT WILL WIGGLES'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACTIVITY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A STUDENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PROVIDER, THE AMOUNTS PAID BY WIGGLES TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WIGGLES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

25. Indemnification

You agree to release, defend, indemnify, and hold Wiggles and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Activity, or (iii) creation of a Listing; (d) the use, condition or rental of an Activity by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Activity; and (e) your participation in the Referral Program.

26. Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by Singapore law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any Singapore embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Activity is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Wiggles does not permit Listings associated with certain countries due to U.S. embargo restrictions. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

27. Entire Agreement

Except as they may be supplemented by additional Wiggles policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Wiggles and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any bookings or Listings of Activity made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Wiggles and you regarding bookings or listings of Activity, the Site, Application, Services, and Collective Content (excluding Payment Services).

28. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Wiggles's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Wiggles may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

29. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Wiggles (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

30. Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the Singapore. You and we agree to submit to the personal jurisdiction of a court located in Singapore for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.,

31. General

The failure of Wiggles to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wiggles. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

32. Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

33. Contacting Wiggles

If you have any questions about these Terms or any App Store Sourced Application, please contact Wiggles at contact@wiggles.family.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

TERMS OF SERVICE

If you are using the Site, Application or Services and you reside in Singapore, you are contracting with Wiggles, Inc. with respect to use of the Wiggles Site, Application or Services, and with Wiggles Pty Ltd. with respect to any payments or payouts from or to you conducted through the Site, Application or Services. If you reside outside of Singapore, you are contracting with Wiggles Pte Ltd with respect to use of the Wiggles Site, Application or Services, and with Wiggles Ptd Ltd. with respect to any payments or payouts from or to you conducted through the Site, Application or Services. If you initially reside in Singapore and contract with Wiggles, Inc. and/or Wiggles, Inc., but subsequently change your residence to outside of Singapore, you will contract with Wiggles Ireland from the date on which your place of residence changes, and vice versa. (Wiggles Pty Ltd hereinafter referred to as "Wiggles", "we", "us", or "our").

Wiggles provides an online platform that connects Providers who have Activity to rent with USERS seeking to rent such Activity (collectively, the "Services"), which Services are accessible at http://www.wiggles.family and any other websites through which Wiggles makes the Services available (collectively, the "Site") and as applications for mobile devices (the "Application"). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Wiggles. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROVIDERS MAY CREATE LISTINGS FOR ACTIVITY AND USERS MAY LEARN ABOUT AND BOOK ACTIVITY DIRECTLY WITH THE PROVIDERS. YOU UNDERSTAND AND AGREE THAT WIGGLES IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND USERS, NOR IS WIGGLES A REAL ESTATE BROKER, AGENT OR INSURER. WIGGLES HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, USERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACTIVITY, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Key Terms "Wiggles Content" means all Content that Wiggles makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.   "Booking Request Period" means the time period starting from the time when a booking is requested by a Student (as determined by Wiggles in its sole discretion), within which a Provider may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.   "Collective Content" means Member Content and Wiggles Content.   "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.   "Student" means a Member who requests from a Provider a booking of an Activity via the Site, Application or Services, or a Member who books an Activity and is not the Provider for such Activity.   "Provider" means a Member who creates a Listing via the Site, Application and Services.   "Listing" means an Activity that is listed by a Provider as available for rental via the Site, Application, and Services.   "Member" means a person who completes Wiggles's account registration process, including but not limited to Providers and USERS, as described under "Account Registration" below.   "Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.   "Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Activity or lodging taxes, fees (such as convention center fees) that Activity providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity. Modification Wiggles reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. Eligibility The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. How the Site, Application and Services Work The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties ("Activity"). Such Activity are included in Listings on the Site, Application and Services by Providers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Activity or create a Listing, you must first register to create an Wiggles Account (defined below). As stated above, Wiggles makes available an online platform or marketplace with related technology for USERS and Providers to meet online and arrange for bookings of Activity directly with each other. Wiggles is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Activity, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Activity and Wiggles does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Activity or transportation or travel services. Unless explicitly specified otherwise in the Wiggles platform, Wiggles's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Provider for the purpose of accepting payments from USERS on behalf of the Provider. PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE PROVIDERS AND USERS CONNECTING AND BOOKING ACTIVITY DIRECTLY WITH EACH OTHER. WIGGLES CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACTIVITY. WIGGLES IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACTIVITY. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK. Account Registration In order to access certain features of the Site and Application, and to book an Activity or create a Listing, you must register to create an account ("Wiggles Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Wiggles Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Wiggles through the Site, Services or Application; or (ii) allowing Wiggles to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Wiggles and/or grant Wiggles access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Wiggles to pay any fees or making Wiggles subject to any usage limitations imposed by such third-party service providers. By granting Wiggles access to any Third-Party Accounts, you understand that Wiggles will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Wiggles Account and Wiggles Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Wiggles Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Wiggles's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Wiggles Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Wiggles makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Wiggles is not responsible for any SNS Content. Your Wiggles Account and your Wiggles Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Wiggles Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Wiggles reserves the right to suspend or terminate your Wiggles Account and your access to the Site, Application and Services if you create more than one (1) Wiggles Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Wiggles Account, whether or not you have authorized such activities or actions. You will immediately notify Wiggles of any unauthorized use of your Wiggles Account. Activity Listings As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Activity to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Activity and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Activity must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Activity via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Student requests a booking of your Activity, you may not request the Student to pay a higher price than in the booking request. You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Student's participation in an Activity in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Activity included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Wiggles assumes no responsibility for a Provider's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Wiggles reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Wiggles, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services. If you are a Provider, you understand and agree that Wiggles does not act as an insurer or as your contracting agent. If a Student requests a booking of your Activity and participates in your Activity, any agreement you enter into with such Student is between you and the Student and Wiggles is not a party to it. Notwithstanding the foregoing, Wiggles serves as the limited authorized payment collection agent of the Provider for the purpose of accepting, on behalf of the Provider, payments from USERS of such amounts stipulated by the Provider (including cleaning or other fees and/or Taxes). When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Activity, such as requiring Members to have a profile picture or verified phone number, in order to book your Activity. Any Member wishing to book Activity included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Providering" section of the Site, Application and Services. If you are a Provider, Wiggles makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Activity. You acknowledge and agree that, as a Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Activity at your request or invitation, excluding the Student (and the individuals the Student invites to the Activity, if applicable.) Wiggles recommends that Providers obtain appropriate insurance for their Activity. Please review any insurance policy that you may have for your Activity carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of USERS (and the individuals the Student invites to the Activity, if applicable) while at your Activity. Wiggles may offer Providers the option of having photographers take photographs of their Activity. If you as a Provider choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "Wiggles.family Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by these photographers, including Verified Images, constitute Wiggles Content, regardless of whether you include them in your Listing. You agree that Wiggles may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. No Endorsement Wiggles does not endorse any Member or any Activity. You understand that Verified Images are intended only to indicate a photographic representation of the Activity at the time the photograph was taken. Verified Images are therefore not an endorsement by Wiggles of any Member or any Activity. Members are required by these Terms to provide accurate information, and although Wiggles may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background. Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Wiggles about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to participate with a Provider or to accept a booking request from a Student, or to have any other interaction with any other Member. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Wiggles with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Provider against Wiggles regarding the remittance of payments received from a Student by Wiggles on behalf of a Provider, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability". Bookings and Financial Terms Key definitions "Activity Fees" means the amounts that are due and payable by a Student in exchange for that Student's participation in an Activity. The Provider alone, and not Wiggles, is responsible for the Activity Fees for his or her Listing. The Provider may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Wiggles platform, or (ii) Taxes that the Provider determines that he or she has to collect.   "Student Fees" means the fee that Wiggles charges a Student for the use of the Services, which is calculated as a percentage of the applicable Activity Fees. The Student Fees will be displayed to the Student when the Student is asked whether to send a booking request to a Provider.   "Provider Fees" means the fee that Wiggles charges a Provider for the use of the Services, which is calculated as a percentage of the applicable Activity Fees. The Provider Fees will be displayed to the Provider when the Provider is asked whether to confirm or reject a booking request from a prospective Student.   "Service Fees" means collectively the Student Fees and the Provider Fees.   "Total Fees" means collectively the Activity Fees and the Student Fees plus any Taxes. Bookings and Financial Terms for Providers and USERS If you are a Provider and a booking is requested for your Activity via the Site, Application or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Student who has requested the booking, (ii) a link to the Student's Wiggles Account profile page, (iii) if the Student and Provider have both connected their Wiggles accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Student on such SNS, and (iv) an indication of whether or not the Student has provided other information to Wiggles, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Wiggles for the requested booking will be refunded to the applicable Student's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Student, Wiggles will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services. Wiggles will collect the Total Fees at the time of booking confirmation (i.e. when the Provider confirms the booking request) and will initiate payment of the Activity Fees (less Wiggles's Provider Fees and any Taxes in respect of the Provider Fees, such as VAT in Europe) to the Provider within 24 hours of when the Student arrives at the applicable Activity (except to the extent that a refund is due to the Student). The time it takes for the Provider to receive payouts may depend upon the payout method chosen by the Provider. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Provider, including by deducting their charges from the payout amount. If you owe or agree to pay any amount via Wiggles to Wiggles (whether as a result of your bookings or actions as a Student or otherwise), then Wiggles may (but is not obliged to) withhold the amount owing to Wiggles from any payout amounts due to you as a Provider, and use the withheld amount to setoff the amount owed by you to Wiggles. If Wiggles does so, then your obligation to pay Wiggles will be extinguished to the extent of the amount withheld by Wiggles, and Wiggles will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Wiggles by you. Such communication may be made by Wiggles or by anyone on its behalf, including but not limited to a third party collection agent. Appointment of Wiggles as Limited Payment Collection Agent for Provider Each Provider hereby appoints Wiggles as the Provider's limited payment collection agent solely for the purpose of accepting the Activity Fees from USERS. Each Provider agrees that payment made by a Student through Wiggles, shall be considered the same as a payment made directly to the Provider, and the Provider will make the Activity available to the Student in the agreed-upon manner as if the Provider has received the Activity Fees. Each Provider agrees that Wiggles may, in accordance with the cancellation policy selected by the Provider and reflected in the relevant Listing, (i) permit the Student to cancel the booking and (ii) refund (via Wiggles) to the Student that portion of the Activity Fees specified in the applicable cancellation policy. Each Provider understands that as Wiggles accepts payments from USERS as the Provider's limited payment collection agent and that Wiggles' obligation to pay the Provider is subject to and conditional upon successful receipt of the associated payments from USERS. Wiggles does not guarantee payments to Providers for amounts that have not been successfully received by Wiggles from USERS. In accepting appointment as the limited authorized agent of the Provider, Wiggles assumes no liability for any acts or omissions of the Provider. Please note that Wiggles does not currently charge fees for the creation of Listings. However, you as a Provider acknowledge and agree that Wiggles reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Wiggles will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature. Bookings and Financial Terms for USERS The Providers, not Wiggles, are solely responsible for honoring any confirmed bookings and making available any Activity reserved through the Site, Application and Services. If you, as a Student, choose to enter into a transaction with a Provider for the booking of an Activity, you agree and understand that you will be required to enter into an agreement with the Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Activity imposed by the Provider. You acknowledge and agree that you, and not Wiggles, will be responsible for performing the obligations of any such agreements, that Wiggles is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Wiggles disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Wiggles is not a party to the agreement between you and the Provider, Wiggles acts as the Provider's payment collection agent for the limited purpose of accepting payments from you on behalf of the Provider. Upon your payment of the Total Fees to Wiggles, your payment obligation to the Provider for the Activity Fees is extinguished, and Wiggles is responsible for remitting the Activity Fees (less the Provider Fees and any Taxes in respect of the Provider Fees, such as VAT in Europe), in the manner described in these Terms. In the event that Wiggles does not remit any such amounts as described in these Terms, such Provider will have recourse only against such Wiggles entity. The Total Fees payable will be displayed to a Student before the Student sends a booking request to a Provider. As noted above, the Provider is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Provider), any amounts collected by Wiggles will be refunded to such Student, depending on the selections the Student makes via the Site and Application, and any pre-authorization of such Student's credit card will be released, if applicable. You as a Student agree to pay Wiggles for the Total Fees for any booking requested in connection with your Wiggles Account if such requested bookings are confirmed by the applicable Provider. In order to establish a booking pending the applicable Provider's confirmation of your requested booking, you understand and agree that Wiggles, on behalf of the Provider, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. As a general rule, Wiggles will collect the Total Fees due once Wiggles receives confirmation of your booking from the applicable Provider; if necessary, Total Fees may instead be collected at a later point. Please note that Wiggles cannot control any fees that may be charged to a Student by his or her bank related to Wiggles's collection of the Total Fees, and Wiggles disclaims all liability in this regard. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Wiggles or its third-party payment processor(s). You agree to pay Wiggles for any confirmed bookings made in connection with your Wiggles Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Wiggles or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Wiggles to charge your credit card in the event of damage caused at an Activity as contemplated under "Damage to Activity" below and for Security Deposits, if applicable. If you are directed to Wiggles' third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking. Security Deposits Providers may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Activity. If a Security Deposit is included in a Listing for a confirmed booking of an Activity, and a Provider makes a claim against such Security Deposit, Wiggles will, in its capacity as the payment collection agent of the Provider, use its commercially reasonable efforts to charge the Student's payment method in the amount of the Security Deposit, within a reasonable period of time after the Student's check-out from the Provider's Activity. Wiggles will also use its commercially reasonable efforts to address Providers' requests and claims related to Security Deposits, but Wiggles is not responsible for administering or accepting any claims by Providers related to Security Deposits, and disclaims any and all liability in this regard. Service Fees In consideration for the use of Wiggles's online marketplace and platform, Wiggles charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Provider Fees and Student Fees. Wiggles deducts the Provider Fees from the Activity Fees before remitting the balance to the Provider as described in these Terms. Student Fees are, as noted above, included in the Total Fees. Balances will be remitted by Wiggles to Providers via check, PayPal, direct deposit or other payment methods, as described on the Site or via the Application, in the Provider's currency of choice, depending upon the selections the Provider makes via the Site, Application and Services. Amounts may be rounded up or down as described the "Rounding Off" section below. Please note that Wiggles, may impose or deduct foreign currency processing costs on or from any payments or payouts by Wiggles in currencies other than SGD dollars. More information on any such costs or deductions will be available via the Site and Application. Except as otherwise provided herein, Service Fees are non-refundable. General Booking and Financial Terms Cancellations and Refunds If, as a Student, you cancel your requested booking before the requested booking is confirmed by a Provider, Wiggles will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Student, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Activity, the cancellation policy of the Provider contained in the applicable Listing will apply to such cancellation. Our ability to refund the Activity Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Student Fee is non-refundable regardless of the cancellation policy selected by the Provider. If a Provider cancels a confirmed booking made via the Site, Services, and Application, (i) Wiggles will refund the Total Fees for such booking to the applicable Student within a commercially reasonable time of the cancellation and (ii) the Student will receive an email or other communication from Wiggles containing alternative Listings and other related information. If the Student requests a booking from one of the alternative Listings and the Provider associated with such alternative Listing confirms the Student's requested booking, then the Student agrees to pay Wiggles the Total Fees relating to the confirmed booking for the Activity in the alternative Listing, in accordance with these Terms. If a Provider cancelled a confirmed booking and you, as a Student, have not received an email or other communication from Wiggles, please contact Wiggles at contact@wiggles.family If, as a Provider, you cancel a confirmed booking, you agree that Wiggles may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Wiggles Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel. In certain circumstances, Wiggles may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. Wiggles may also determine, in its sole discretion, to refund to the Student part or all of the amounts charged to the Student. You agree that Wiggles and the relevant Student or Provider will not have any liability for such cancellations or refunds. If, as a Provider, your Student cancels a confirmed booking or Wiggles decides that it is necessary to cancel a confirmed booking, and Wiggles issues a refund to the Student in accordance with the Student Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid Wiggles shall be entitled to recover the amount of any such Student refund from you, including by subtracting such refund amount out from any future Activity Fees due to you. Recurring Payments In some instances, USERS may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her participation at the applicable Activity (collectively, "Recurring Payments"). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Student authorizes Wiggles, on behalf of the Provider, to collect the Total Fees and the Provider agrees that such Wiggles entity will initiate payouts to the Provider, in the increments and at the frequency associated with the applicable Recurring Payments, each as identified on the Site, Application and Services. Rounding Off Wiggles may, in its sole discretion, round up or round down amounts that are payable from or to USERS or Providers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Wiggles will round up an amount of $101.50 to $102.00, and $101.49 to $101.00. Some currencies are denominated in large numbers. In those cases, Wiggles may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Wiggles to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000. Payment Processing Errors We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.  Donations Some Providers may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Provider does in fact make the donation he or she pledged to make. In such cases, the Provider in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising. Taxes Tax regulations may require us to collect appropriate tax information from our Providers, or to withhold taxes from payouts to Providers, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Providers, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US Providers with at least one Listing in the US. You as a Provider are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Provider fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Provider and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both. You as a Provider understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Wiggles cannot and does not offer Tax-related advice to any Members. Where applicable, or based upon request from a Provider, Wiggles may issue a valid GST invoice to such Provider. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Activity is located may require Taxes to be collected from USERS or Providers on the amount paid for the right to use and/or occupancy of Activity, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Activity Fees set by Providers, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes"). Damage to Activity As a Student, you are responsible for leaving the Activity Provider’s premises in the condition it was in when you arrived. You acknowledge and agree that, as a Student, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Activity. In the event that a Provider claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Wiggles Account. Wiggles also reserves the right to charge the credit card on file in your Wiggles Account, or otherwise collect payment from you and pursue any avenues available to Wiggles in this regard, including using Security Deposits, in situations in which you have been determined, in Wiggles's sole discretion, to have damaged any Activity, including, but not limited to, in relation to any payment requests made by Providers under the Wiggles Provider Guarantee, and in relation to any payments made by Wiggles to Providers. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Activity to the applicable Provider or to Wiggles (if applicable). Both USERS and Providers agree to cooperate with and assist Wiggles in good faith, and to provide Wiggles with such information and take such actions as may be reasonably requested by Wiggles, in connection with any complaints or claims made by Members relating to Activity or any personal or other property located at an Activity (including, without limitation, payment requests made under the Wiggles Provider Guarantee) or with respect to any investigation undertaken by Wiggles or a representative of Wiggles regarding use or abuse of the Site, Application or the Services. If you are a Student, upon Wiggles's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Provider, at no cost to you, which process will be conducted by Wiggles or a third party selected by Wiggles or its insurer, with respect to losses for which the Provider is requesting payment from Wiggles under the Wiggles Provider Guarantee. If you are a Student, you understand and agree that Wiggles may make a claim under your insurance policy related to any damage or loss that you may have caused or been responsible for or to an Activity or any personal or other property located at an Activity (including without limitation amounts paid by Wiggles under the Wiggles Provider Guarantee). You agree to cooperate with and assist Wiggles in good faith, and to provide Wiggles with such information as may be reasonably requested by Wiggles, in order to make a claim under your insurance policy, including, but not limited to, executing documents and taking such further acts as Wiggles may reasonably request to assist Wiggles in accomplishing the foregoing. Foreign Currency Wiggles's online platform facilitates bookings between USERS and Providers who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Wiggles platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location. Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time. Key definitions "Display Currency" means the currency in which users view Listing prices on the Wiggles platform. USERS may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.   "Booking Currency" means the currency in which a Student has to pay for his or her booking. At the time the Student submits a booking request, the Wiggles platform will select the Booking Currency, based on the Student's country of origin and the payment methods available for that country. Wiggles supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.   "Listing Currency" means the currency in which a Listing's price is set. The Listing Currency is set by the Provider.   "Payout Currency" means the currency in which a Provider's payout will be paid to the Provider. The Payout Currency is set by the Provider.   "Base Exchange Rate" means a system-wide rate used by Wiggles for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Wiggles. Wiggles establishes the Base Exchange Rate using data from one or more third parties such as OANDA (http://www.oanda.com).   "Adjusted Exchange Rate" means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Wiggles for its holding costs and foreign currency risks. Foreign currency conversions on the Wiggles platform Wiggles will process a foreign currency conversion in the following situations: The Display Currency is different from the Listing Currency when a user views a Listing: Wiggles will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Booking Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied. The Booking Currency is different from the Listing Currency when a Student submits a booking request for a Listing: Wiggles will calculate the Total Fees in the Booking Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Student will be able to view the actual exchange rate applied. The Student Fee, which is a percentage of the applicable Activity Fees, will be calculated based on the Activity Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied. The Payout Currency is different from the Listing Currency when Wiggles initiates a payout: generally, Wiggles will calculate the payout to the Provider, by applying the Base Exchange Rate on the date that Wiggles initiates the payout to the Activity Fees (less Wiggles's Provider Fees and any Taxes in respect of the Provider Fees, such as VAT in Europe) in the Listing Currency. The Provider will be able to view the actual exchange rate applied in his or her transaction history in the Site or Application. In some cases where the payout method selected by the Provider involves certain third-party payment processors (such as Western Union), (i) Wiggles will send the payout amount to the processor in a major currency (e.g. US dollars), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (ii) the Provider will be able to view the payout amount sent by Wiggles in that major currency in his or her transaction history in the Site or Application, and (iii) the processor will calculate the actual payout to the Provider by applying its own foreign currency conversion rate for that major currency to the Payout Currency. When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Student or any refund to the Student will be processed at the same rate as applied to the earlier payment by the Student. When you as a Student submit a booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking. Wiggles updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, Wiggles does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed. Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Wiggles. User Conduct You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content; access or use our Site, Application, Services or the Wiggles API to use, expose, or allow to be used or exposed, any Wiggles Content: (i) that is not publicly displayed by Wiggles in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the Wiggles Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Wiggles's users or any other third party; use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence; "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Wiggles Student or Provider; offer, as a Provider, any Activity that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Activity as a Provider if you are serving in the capacity of a rental agent or listing agent for a third party); offer, as a Provider, any Activity that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement; register for more than one Wiggles Account or register for an Wiggles Account on behalf of an individual other than yourself; contact a Provider for any purpose other than asking a question related to a booking, such Provider's Activity or Listings; contact a Student for any purpose other than asking a question related to a booking or such Student's use of the Site, Application and Services; recruit or otherwise solicit any Provider or other Member to join third-party services or websites that are competitive to Wiggles, without Wiggles's prior written approval; impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content; use the Site, Application, Services or Collective Content to find a Provider or Student and then complete a booking of an Activity independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Wiggles's provision of the Services or for any other reasons; as a Provider, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor; post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Wiggles's name, any Wiggles trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Wiggles's express written consent; access, tamper with, or use non-public areas of the Site, Application or Services, Wiggles's computer systems, or the technical delivery systems of Wiggles's providers; attempt to probe, scan, or test the vulnerability of any Wiggles system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Wiggles or any of Wiggles's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing. accept or make a payment for Activity Fees outside Wiggles. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Wiggles harmless from any liability for such payment.  Wiggles has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Wiggles may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Wiggles or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Wiggles, its users, or members of the public. You acknowledge that Wiggles has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Wiggles reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Wiggles, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. Privacy You agree that Wiggles's Privacy Policy (as may be updated from time to time) governs Wiggles's collection and use of your personal information. Ownership The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Singaporeand foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Wiggles and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. Additional Terms Our Services have different products and offerings, so sometimes additional terms or product requirements may apply to your use of those products. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms. Wiggles Content and Member Content License Subject to your compliance with the terms and conditions of these Terms, Wiggles grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Wiggles Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wiggles or its licensors, except for the licenses and rights expressly granted in these Terms. Member Content We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Wiggles a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Wiggles does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Wiggles the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Wiggles's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Links The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Wiggles is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Wiggles of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources. Some portions of the Wiggles platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use. Proprietary Rights Notices All trademarks, service marks, logos, trade names and any other proprietary designations of Wiggles used herein are trademarks or registered trademarks of Wiggles. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Wiggles and you hereby irrevocably assign to Wiggles and agree to irrevocably assign to Wiggles all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Wiggles's request and expense, you will execute documents and take such further acts as Wiggles may reasonably request to assist Wiggles to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. Copyright Policy Wiggles respects copyright law and expects its users to do the same. It is Wiggles's policy to terminate in appropriate circumstances the Wiggles Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Wiggles's Copyright Policy for further information. Suspension, Termination and Wiggles Account Cancellation We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Wiggles Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Wiggles Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Wiggles Account, your Member Content, or receive assistance from Wiggles Customer Service, (b) any pending or accepted future bookings as either Provider or Student will be immediately terminated, (c) we may communicate to your USERS or Providers that a potential or confirmed booking has been cancelled, (d) we may refund your USERS in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your USERS to inform them about potential alternate Activity with other Providers that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Wiggles Account. You may cancel your Wiggles Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your Wiggles Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback. Disclaimers IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WIGGLES DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, USERS AND PROVIDERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WIGGLES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WIGGLES MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACTIVITY, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WIGGLES MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACTIVITY, PROVIDERS, USERS, YOUR ACCRUAL OF WIGGLES TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WIGGLES OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROVIDERS OR USERS. YOU UNDERSTAND THAT WIGGLES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACTIVITY. WIGGLES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, USERS AND PROVIDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY WIGGLES. NOTWITHSTANDING WIGGLES'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE PROVIDERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM USERS ON BEHALF OF THE PROVIDERS, WIGGLES EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY STUDENT OR OTHER THIRD PARTY. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF WIGGLES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER WIGGLES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WIGGLES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PROVIDERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE WIGGLES PROVIDER GUARANTEE, IN NO EVENT WILL WIGGLES'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACTIVITY VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACTIVITY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A STUDENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PROVIDER, THE AMOUNTS PAID BY WIGGLES TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WIGGLES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Indemnification You agree to release, defend, indemnify, and hold Wiggles and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Activity, or (iii) creation of a Listing; (d) the use, condition or rental of an Activity by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Activity; and (e) your participation in the Referral Program or your accrual of any Wiggles Travel Credits. Export Control and Restricted Countries You may not use, export, re-export, import, or transfer the Application except as authorized by Singapore law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any Singapore embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Activity is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Wiggles does not permit Listings associated with certain countries due to U.S. embargo restrictions. Reporting Misconduct If you participate with an actvity or provide an actvity and you see anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Wiggles by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. Entire Agreement These Terms constitute the entire and exclusive understanding and agreement between Wiggles and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Activity made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Wiggles and you regarding bookings or listings of Activity, the Site, Application, Services, and Collective Content. Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without Wiggles's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Wiggles may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Wiggles (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Controlling Law and Jurisdiction These Terms and your use of the Services will be interpreted in accordance with the laws of Singapore, without regard to its conflict-of-law provisions. Dispute Resolution You and Wiggles agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Wiggles are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Wiggles otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration and a separate form for California residents) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you and Wiggles otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Wiggles submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Wiggles will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Wiggles will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Changes. Notwithstanding the provisions of the "Modification" section above, if Wiggles changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Wiggles's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Wiggles in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). General The failure of Wiggles to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wiggles. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Third party beneficiary These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. Contacting Wiggles If you have any questions about these Terms or any App Store Sourced Application, please contact Wiggles at contact@wiggles.family.
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