Hello. You should read these terms and conditions in full because they apply every time you visit Whindr. 1. If you are under the age of 18 then unfortunately you can’t use Whindr because it’s a meeting place for adults only. 2. We’re not responsible for anything that you post or say while you are on Whindr and we don’t monitor the content of the site, but if we do see you posted something that we think is inappropriate then we are allowed at our discretion to remove it. 3. If you post any content that actually belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post. 4. Not all the profiles on Whindr are real. We use Entertainment profiles with whom you can chat, but not physically interact.
Whindr is a social media website and app designed as a forum for meeting new people, a place to have discussions, news and information. It is intended to be a fun place to visit. The Terms constitute a binding legal agreement between you as user (“you”) and the Whindr Group (“we” or “us”). The Terms apply whenever you visit Whindr, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on Whindr you are accepting and agreeing to be bound by the Terms.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.
Whindr is a meeting place for adults! You may only use Whindr, including any of its features, or become a registered member if you are 18 years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18).
You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using Whindr you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.
1. contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
2. is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;
3. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
4. is defamatory;
5. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
6. involves the transmission of “junk” mail or “spam”;
7. impersonates a person, company or brand with the intent to deceive or confuse others;
8. contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from Whindr or otherwise;
9. itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
10. shows another person where such Content was created or distributed without that person’s knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution; or
11. contains images of children, even if you are also in the photo, or endangers minors. Please use your common sense when picking the Content that you choose to post on, upload or send via Whindr because you are solely responsible for, and bear all liability in relation to, such Content. If you repeatedly infringe our rules, you may be prevented from using Whindr and we may disable your account or block you from further use of Whindr. We may remove any Content you submit to Whindr if we believe it violates the Terms or we are required to do so by applicable law.
You may not display your banking information on your individual profile page (“Profile”). You can add a telephone number and email address. If you do choose to reveal any personal data about yourself to other users, whether via message, whatsapp or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances
You may only use other Whindr users’ personal data to the extent that your use of it matches Whindr’s purpose of allowing people to meet one another.You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. Whindr reserves the right to terminate your account, or prevent access to its features if you misuse other users’ information.
The short answer is no. Only you are authorised to access your account with Whindr. You must not share your password with anyone or let anyone else access your account as this jeopardises the security of all of the Content and personal data that you have submitted to Whindr. You are responsible for keeping your password secret and secure. If you don’t Whindr is not liable for any unauthorised access to your account. If you suspect that someone has gained access to your account, you must let us know immediately by writing a message tot he Whindr support, that you can find in your Matches, and telling us of your suspicions or concerns. You must also immediately change your password. Whindr reserves the right to terminate your account if you violate our rules on keeping your password secure.
When you upload Content to Whindr it can be accessed and viewed by the general public. Youre Phonenumber can only be seen by the people you Matched / given a like to. If you do not want such Content to be viewed by others, then you should not upload it to Whindr. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any Content that you upload or submit to Whindr without any incurring liability to you. We have no obligation to display any Content that you submit to Whindr, nor to check the accuracy or truthfulness of any Content submitted to Whindr, nor to monitor your use or the use of other users of Whindr.
When you use Whindr you agree to the Terms, and in return we grant you a limited, personal, non-exclusive and non-transferable licence to use and to upload Content and to use solely for your personal use. Apart from this licence, you have no other rights in the use of the site, app, or its Content or features, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the site or Content in any manner. If you breach any of the Terms, the above licence will terminate automatically and you must immediately destroy any downloaded or printed Content.
Please note though that by posting, uploading or sending Content on Whindr you represent and warrant to us that:
1. you are either the exclusive author or owner of that Content and in all cases you agree that you waive any and all moral rights relating to that Content (including, without limitation, any rights to be identified as the author);
2. you have been granted a licence that allows you to use, post or upload the Content; or 3. you have obtained appropriate consent or authority to use, post or upload such Content. Please note that by posting, uploading or sending Content on Whindr you represent and warrant to us that you have the right to do so, and automatically grant to us a non-exclusive, royalty free, perpetual, worldwide licence to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.
We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our app or site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
Entertainment profiles are profiles created by the Whindr team and with contend owned by Whindr Limited for your Enjoyment. These Profiles also include telephone Numbers owned by Whindr Limited. With Entertainmentprofiles we offer a chat service, that is not obligated to respond to your messages or inform you about the Entertainment profiles. With registering on Whindr, and agreeing to the Terms and conditions you confirm that you have been informed about the Entertainment profiles.
Us! All text, graphics, user interfaces, trademarks, logos, sounds, Entertainmentprofiles and artwork on Whindr are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.
Other than in relation to Content submitted by you to Whindr, you do not have any rights in relation to the Content on Whindr and you agree that you will not use any Content in any manner which may infringe ours or any third party’s rights. This means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of the Whindr site or the Content contained on it (other than the Content submitted by you) to anyone else.
Whindr offers you the opportunity to pay for certain services offered on the site. You can buy credits to unlock more contact information of Profiles on Whindr and Whindrs premium service includes the option to send messages to all the profiles. All of these premium services can be purchased after you register, and you may subscribe to the premium services for various lengths of time.
Once you have paid for any premium services, you have the right to cancel and be reimbursed for all payments received within 14 days. If you wish to cancel please let us know via Whindr support in your matches. Please note that if you choose to use any credits which forms part of any paid for service within the 14 day period, you may lose this right. After the 14 days have expired, the paid for services are non-refundable. Paid for services are not available in sanctioned countries.
No. We reserve the right to expire any unused credits expire. If you delete your account or if your account is terminated by us due to breach of these Terms, you will lose any accumulated credits. If you receive free or promotional credits, we may expire them at any time.
Unfortunately we can’t guarantee that because sometimes we have to carry out maintenance to the app or site or they may be affected by a fault or circumstances which are outside our control, so Whindr is provided on an “as is” “as available” basis. No warranty is given about the quality, accuracy, functionality, availability or performance of Whindr and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on Whindr without notice and without incurring any liability to you.
You are responsible for making all the necessary arrangements to ensure you can access Whindr (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Whindr through mobile services or any similar service currently known or developed in the future.
By accessing Whindr or agreeing to receive messages or notifications from Whindr through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges. I’m not registered and I can’t seem to access some Content or features on the app or site. Why is that? Non-registered users are able to access only that portion of Whindr that is publicly available. They will not have a Profile but may have limited ability to upload any Content. The extent of registered users’ access to Whindr will depend on certain criteria relating to their Profile being met. We may change or update the criteria from time to time without prior notice and at our discretion.
The broadcaster shall be solely responsible for all taxes payable in respect of the cash-out and shall indemnify Whindr and its group companies against any tax liability which arises out of or in connection with the cash-out and Whindr may satisfy such amounts by way of deduction from the amount due. Tax regulations may require Whindr to collect appropriate tax information from broadcasters or to withhold taxes from payouts in which case we reserve the right to freeze payouts or withhold such amounts as required by law. Fraud and Termination
All cash-out transactions will be reviewed by Whindr. Whindr takes fraud extremely seriously. If Whindr terminates your account for cause (including fraud), any outstanding credits remaining in your account at the time of termination may be irrevocably confiscated, as determined by Whindr in its sole and absolute discretion, in accordance with our termination policy specified below.
My Profile has disappeared and I can’t log in. What’s going on? Sometimes people forget about the Terms and post Content or act in a way while on Whindr which is not consistent with the purpose of the app or site. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
1. suspend or revoke your registration (where applicable) and your right to access and/or use Whindr or submit any Content to Whindr; and
2. make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses). We will try (but we are not obliged) to notify you if your access to Whindr and/or your Profile is to be or has been suspended or terminated. Where you have acted contrary to our Terms, we will keep a record of it and may block future attempts by you to use or access Whindr and its features so that we can keep Whindr a fun place.
You can report any abuse or complain about Content on Whindr by contacting us via Whindr support in your matches, outlining the abuse and or complaint.
We will always try our best to help resolve any issue that you may encounter with our service. If your complaint or dispute remains unresolved, however, you may be eligible to use the European Commission’s online dispute resolution platform here.
No. If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of Whindr, and expressly disclaim any liability for Content uploaded by you or by any other user.
1. death or personal injury caused by their proven negligence;
2. fraud or fraudulent misrepresentation;or
3. any liability which cannot be limited or excluded by law.
To the fullest extent permitted by law, Whindr expressly excludes:
1. all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
2. any liability incurred by you arising from use of Whindr, its services or these Terms, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if Whindr has been advised of the possibility of such damages or losses, arising out of or in connection with the use of Whindr. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of god. in connection with Whindr including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly. Whindrs total liability to you in respect of losses arising under or in connection with the Terms, whether in contract, tort (including negligence, breach of statutory duty, or otherwise) shall in no circumstances exceed £1.
Whindr has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Whindr and provides that information on an "as is", "as available" basis. Whindr does not give or make any warranty or representation of any kind about the information contained on Whindr, whether express or implied. Use of Whindr and the materials available on it is at your sole risk. Whindr cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Whindr is free of viruses or other harmful components. You accept that Whindr will not be provided uninterrupted or error free, that defects may not be corrected or that Whindr, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. Whindr is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. In the unlikely event that any defect is discovered within Whindr, we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as practicable.
If we are sued as a result of your use of Whindr then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim. You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitors’ fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of Whindr, the uploading or submission of Content to Whindr by you or your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”). Whindr retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.
What about all of those standard clauses that you see at the end of most contracts? They’re the best bit! As you asked so nicely… The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be are governed by and construed in accordance with English law. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail. We reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes. If you do not accept any Change to the Terms, you should stop using Whindr immediately. Your continued use of Whindr following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable. The Terms set out the entire agreement and understanding between us and you in relation to your use of Whindr and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege. Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 which shall not apply to the Terms.
www.whindr.com is an app and site owned and operated by Whindr Limited. We are registered in Praque under company number -soon-. Our registered office is at Kyjská 264/24 - Praha 14 - Hloubetín 19800 - Czech Republic