Terms of Service

1.1. Definitions

• Service - the Wombato internet platform, available at URL: https://wombato.com, constituting an information technology system within the meaning of the Act on Electronic Services.
• User - a natural person who uses the Service, having full legal capacity, and in the case of persons without full legal capacity - with the consent of their legal representative.
• Account - an individual administrative panel of the User in the Service, accessible after registration and login, enabling the use of specific functionalities of the Service.
• Content - all materials, including in particular photos, texts, reviews, comments, microblog posts, descriptions of Camping Places and private messages, posted by the User in the Service.
• Camping Places - geographical locations, described by Users as places suitable for camping, camping or accommodation, presented in the Service.

1.2. Service Administrator

1.3. Acceptance of Terms of Service

2.1. Purpose of the Service

• Search and share information about Camping Places.
• Publish reviews and photographic materials about camping places.
• Create and develop a community of outdoor activity enthusiasts.
• Exchange experiences and advice in the field of camping.
• Use geolocation-based features, including filtering places in the nearest vicinity of the User and storing location history, after prior voluntary consent.
• Enable login and registration in the Service through social media accounts (Google, Facebook).

2.2. Requirements for Users

• The User declares that they have reached the age of 16.
• The User undertakes to provide true and current personal data.
• The User undertakes to comply with applicable legal regulations.
• The User undertakes to respect the rights and dignity of other Users, which includes in particular avoiding hate speech, harassment and discrimination.
• The User using the option to log in or register through social media accounts accepts and undertakes to comply with these Terms of Service.

2.3. Prohibited Activities

• Publishing Content inconsistent with applicable legal regulations.
• Publishing Content of an offensive, vulgar or discriminatory nature.
• Violating copyright or other intellectual property rights of third parties.
• Sending spam or other unwanted messages.
• Attempting unauthorized access to the Service system or violating its security.
• Publishing false or misleading information about Camping Places.
• Using the Service for commercial purposes without prior written consent of the Administrator. Commercial use includes, but is not limited to, advertising products or services, publishing affiliate links and sponsored Content, as well as other forms of earning from Content without prior written consent of the Administrator.

3.1. Free and Pro Plans

• Using the Service functionalities is possible within the free plan (hereinafter: "Free Plan") or paid subscription plan (hereinafter: "Pro Plan").
• Each newly registered User automatically gains access to the Free Plan.
• The scope of functions available within individual plans is described in detail in the Service, in particular on the pricing page. The Administrator reserves the right to change the scope of functions available in the Free Plan.

3.2. Pro Plan Subscription

• Access to the Pro Plan requires activation of a renewable subscription in monthly or annual cycles.
• The subscription fee is charged in advance for the entire selected billing period (month or year).
• The subscription automatically renews at the end of each billing period for an analogous period, unless the User cancels its renewal.
• The User may at any time cancel the automatic renewal of the subscription in their Account settings. Cancellation of the subscription becomes effective at the end of the current billing period, which means that the User retains access to the Pro Plan until that time.
• Detailed information regarding the processing of personal data in connection with the Pro Plan subscription has been included in the Privacy Policy.

3.3. Payments

• The provider and operator of payment processing is Paddle.com Market Limited. Payments are processed in accordance with the terms of service provision by this provider.
• All prices given in the Service are gross prices and include applicable taxes (e.g. VAT).
• Detailed information regarding available payment methods, prices and billing cycles (including any promotions, such as annual plan discount) has been presented on the pricing page in the Service.

3.4. Right to Withdraw from the Agreement (applies to Consumers)

• A User who is a consumer has the right to withdraw from a distance service agreement, as a rule, within 14 days from the date of its conclusion, without giving a reason.
• However, in accordance with Art. 38 point 13 of the Act of May 30, 2014 on Consumer Rights, the right to withdraw from the agreement does not apply in the case of agreements for the delivery of digital content that is not recorded on a material medium, if the performance of the service has begun with the express consent of the consumer before the expiry of the period for withdrawal from the agreement and after informing him by the entrepreneur about the loss of the right to withdraw from the agreement.
• By purchasing the PRO Plan, the User requests immediate activation of the service. The User thereby consents to the commencement of the service before the expiry of the 14-day period for withdrawal from the agreement and acknowledges that as a result they lose the right to withdraw from the agreement.

4.1. Registration Process

• Registration of an Account in the Service is voluntary and free of charge.
• Providing a username, email address and password is required.
• The User receives an activation link to the provided email address to verify the Account.

4.2. Account Management

• The User may at any time edit their personal data in the Account settings.
• The User may delete their Account in the Service.
• The User bears full responsibility for maintaining the confidentiality of their Account access password.
• The User undertakes to immediately notify the Administrator of any case of unauthorized access to the Account.

4.3. Account Deletion

• The User may delete their Account in the Service through the appropriate functionality available in the profile settings.
• After deleting the Account, all personal data of the User that enables their identification will be deleted or anonymized within 30 days, in accordance with the right to be forgotten (Art. 17 GDPR).
• Content published by the User (such as descriptions of Camping Places, reviews, comments, microblog posts, photos, as well as sent private messages that remain in other Users' inboxes), which do not contain personal data or have been effectively anonymized, may be retained in the Service. They serve as a contribution to the Wombato community knowledge base, and may also be used for internal statistical and archival purposes. They will then be presented in a way that prevents them from being linked to a specific person (e.g. as added by "Anonymous User").
• In cases where deletion of Content containing personal data is impossible or requires disproportionately large technical effort (so-called "disproportionate effort"), the Administrator will inform the User of such a situation, providing justified reasons why complete deletion of data is not possible.

4.4. Registration and Login through Social Media Accounts

• The User has the option to register and log in to the Service through their Google or Facebook account.
• In the case of registration through a social media account, data necessary to create an Account in the Service (such as email address, first name, last name, profile picture) is retrieved from the social service provider, in accordance with the User's privacy settings on the given platform.
• If the email address associated with the User's social media account is already registered in the Service, the social media account will be automatically linked to the existing User Account.
• The User may at any time disconnect their social media account from the Account in the Service in the profile settings. Disconnecting the social media account does not result in deletion of the User Account in the Service.
• The use of login/registration functions through social media accounts is also subject to the terms and privacy policies of the respective service providers (Google, Facebook).

5.1. Newsletter Subscription Rules

• The newsletter service is provided free of charge and is voluntary in nature.
• Newsletter subscription is available to everyone, regardless of having an Account in the Service.
• Consent to receive the newsletter is separate from the Account registration process in the Service.
• The User may subscribe to the newsletter during the Account registration process or in their Account settings.
• Subscribing to the newsletter is tantamount to expressing consent to receive marketing and promotional information electronically.
• The newsletter may contain information about new Service functionalities, promotions, advice related to outdoor activities, User-generated Content and other important events related to the Service operation.

5.2. Newsletter Content

• Information about newly added Camping Places.
• Tips and advice regarding outdoor activities.
• Promotions and special offers.
• Information about new Service functionalities.
• Selected User Content (e.g. photos, reviews), in accordance with the license granted in these Terms of Service.
• Invitations to participate in events and competitions.

5.3. Sending Frequency

5.4. Newsletter Unsubscription

• The User may unsubscribe from the newsletter at any time.
• Unsubscription is possible by clicking the unsubscribe link included in the footer of each email message.
• Unsubscription is also possible by changing settings in the User Account.
• After unsubscribing, the User will not receive further newsletter messages.

5.5. Personal Data in Newsletter

• The Administrator processes the subscriber's email address solely for the purpose of providing the newsletter sending service.
• The legal basis for processing personal data is the voluntary consent of the User (Art. 6(1)(a) GDPR), which may be withdrawn at any time.
• Personal data is stored only until consent is withdrawn. After withdrawal of consent, this data will be deleted or anonymized within 30 days.
• Detailed information regarding personal data protection has been included in the Service Privacy Policy.

6.1. Content Publishing Rules

• Photos of Camping Places.
• Reviews and opinions about Camping Places.
• Comments on other Users' reviews.
• Descriptions of routes and experiences related to outdoor activities.
• Information about Camping Places.
• Microblog posts (posts, discussions, outdoor advice).
• Photos and videos in the microblog.
• Links to video materials from external platforms.
• Tags and categorization of Content.

6.2. Content Requirements

• Be consistent with applicable legal regulations.
• Be true and reliable.
• Not violate the rights of third parties, including copyright and personal rights.
• Be free from vulgarities, pornographic content, drastic or violence-promoting content.
• Relate to outdoor activities and camping topics.

6.3. Copyright and License

• The User retains full copyright to Content created by themselves.

• The User grants the Administrator an irrevocable, unlimited in time and territory, free, non-exclusive license to use, store, copy, modify, distribute, publicly display, adapt, translate, create derivative works and commercially exploit the Content in any manner, including in particular:

  • Within the Wombato Service.
  • On social media (e.g. Facebook, Instagram) for promotional, marketing and advertising purposes.
  • In the Administrator's marketing and advertising materials.
  • In press and internet publications.
  • In Service promotional materials.
  • In the newsletter and other email communications.
• The User guarantees that they have full rights to the published Content and undertakes not to violate the copyright of third parties.

6.3.1. Personal Data in Content

• The User acknowledges that Content published by them (e.g. image in photos or details in descriptions) may contain personal data within the meaning of GDPR.
• Publication of any personal data within Content is completely voluntary and the User does so at their own risk and responsibility.
• The User bears full and exclusive responsibility for personal data that they publish in the Service. The Administrator is not responsible for personal data published by the User.

6.3.2. Marketing Consents

6.4. Content Management by User

• Editing: The User may at any time edit Content added by themselves, such as reviews, comments, microblog posts and information in their profile.

• Content Deletion:

  • Due to the social nature of the Service and the purpose of building a shared knowledge base, the User cannot independently delete added Camping Places after their approval. In justified cases (e.g. the place no longer exists, violates the law) the User may submit a request for its deletion to the Administrator. The Administrator will consider the request and inform the User of their decision within 14 days from the date of receipt.
  • The User may independently delete posts and comments on the microblog published by themselves.
  • Reviews and comments regarding Camping Places may be deleted at the User's request after prior verification by the Administrator.

6.5. Content Moderation and Use by Administrator

• The Administrator reserves the right to moderate, edit or delete Content that is inconsistent with these Terms of Service, applicable legal regulations or negatively affects the quality of the Service.
• To ensure consistency and accessibility, the Administrator may translate Content into other languages and make editorial and stylistic corrections.
• Each newly added or edited Camping Place requires approval by the Administrator before its publication in the Service.
• The Administrator has the right to use published Content (in accordance with the non-exclusive license granted in point 6.3 of these Terms of Service) for promotional and marketing purposes of the Service, in particular on social media (e.g. Facebook, Instagram), in the newsletter and in other advertising materials, marking them with the User's name (nickname) or information about origin from the Wombato Service.
• The User will be notified of the approval or rejection of published Content.
• The Administrator may introduce restrictions for Users in case of detected abuses (e.g. spam, violations of these Terms of Service).

6.6. Microblog

• Users may publish microblog posts (posts, discussions, outdoor advice), which may contain text, photos, video materials and links to external platforms.
• These posts are subject to the same moderation and license rules as other Content published in the Service.
• The User bears full responsibility for Content and links to external services that they publish in the Service.

7.1. User Liability

• Content published in the Service and for having all necessary rights to it.
• Compliance with applicable legal regulations and provisions of these Terms of Service.
• Damages caused to other Users or the Service Administrator.
• Security of their Account and confidentiality of the access password.

7.2. Administrator Liability

• The Administrator is not responsible for Content published by Service Users.
• The Administrator makes every effort to ensure the continuity of Service operation, however, does not guarantee its uninterrupted availability.
• The Administrator is not responsible for damages resulting from the use of the Service, including for decisions made based on information contained therein.
• The Administrator is not responsible for the quality of automatic Content translations.

7.3. Limitation of Liability

8.1. Data Protection Principles

9.1. Service Rights

• All intellectual property rights to the Service, including in particular copyright to its graphic elements, source code and name, belong to the Administrator and are legally protected.
• It is prohibited to copy, modify, distribute or use the Service in a manner that violates the Administrator's rights without their prior written consent.

9.2. Trademarks

• The name "Wombato" and the Service logo constitute trademarks belonging to the Administrator and are legally protected.
• It is prohibited to use the indicated trademarks without prior written consent of the Administrator.

10.1. Complaint Procedure

• Complaints regarding the Service operation may be submitted electronically to the email address: [email protected].
• To streamline the complaint processing process, it is recommended that the complaint report contains at least a precise description of the problem and data enabling User identification in the Service (e.g. email address).
• Complaints are processed within 14 days from the date of their receipt by the Administrator.
• A response to the complaint will be sent to the email address from which the complaint was sent, unless the User indicates a different address for correspondence.
• A User who is a consumer has the option to use extrajudicial methods of complaint processing and claim enforcement, including through the EU online platform ODR (Online Dispute Resolution), available at: http://ec.europa.eu/consumers/odr/.

10.2. Dispute Resolution

• The parties undertake to strive for amicable resolution of all disputes arising from these Terms of Service.
• In the absence of the possibility of amicable dispute resolution, the court competent to resolve it will be the court competent for the Administrator's registered office. This provision does not apply to Users who are consumers, for whom court jurisdiction is determined by generally applicable legal regulations.
• Polish law is the law applicable to agreements concluded on the basis of these Terms of Service.

11.1. Changes to Terms of Service

• The Administrator reserves the right to make changes to these Terms of Service for important reasons, such as: changes in applicable legal regulations, introduction of new Service functionalities, technological or organizational changes.
• Users will be notified of any changes by publishing appropriate information in the Service or electronically (email) with at least 14 days' notice before the changes take effect.
• Continued use of the Service after the date of entry into force of changes to the Terms of Service is tantamount to their acceptance, unless the User expressly resigns from using the Service, including by deleting their Account.

11.2. Validity of Provisions

11.3. Entry into Force