Effective Date: May 25, 2025
Governing Entity: Wimbo Au Pty Ltd (ACN: 687 084 984)
Jurisdiction: Global (with focus on GDPR, CCPA/CPRA, UK GDPR, PIPEDA, EU e-Commerce Directive, and relevant common law)

ARTICLE I — GENERAL DISCLAIMER OF LIABILITY

1.1 Provision of Platform Services
Wimbo offers a digital platform called the Wimbo™ Platform (“Platform”) that enables users to create, promote, manage, and participate in events, as well as communicate in real time. All content, events, and communications on the Platform are generated entirely by users and are outside of Wimbo’s editorial control.

1.2 Neutral Intermediary and Statutory Exemptions
Wimbo functions solely as a passive intermediary and hosting service provider under:

• Article 14 of the EU Directive 2000/31/EC (e-Commerce Directive)

• Section 230(c)(1) of the U.S. Communications Decency Act

• Section 235 of Australia’s Online Safety Act 2021 (including the Online Content Scheme and BOSE)

Therefore, Wimbo is not liable for any third-party content, statements, omissions, or user-generated materials that it does not create, select, or modify.

1.3 Exclusion of Warranties
To the fullest extent allowed by law, Wimbo disclaims all warranties or guarantees, whether express, implied, statutory, or otherwise, including but not limited to:

• Merchantability and satisfactory quality

• Fitness for any particular purpose or result

• Ownership or non-infringement of intellectual property

• Platform reliability, uptime, security, or compatibility

• Accuracy, completeness, or timeliness of any user-generated content or event listings, communication, or posted event.

No oral or written information provided by Wimbo, its staff, agents, or affiliates shall create any binding representation or give rise to any reasonable expectation of duty or performance.

ARTICLE II — NO AGENCY, AFFILIATION, OR ENDORSEMENT

2.1 No Legal Relationship Created
By providing digital infrastructure for the posting and discovery of events, Wimbo does not:

• Act as a principal, agent, employee, contractor, or fiduciary of any user or event host;

• Enter into any contractual or agency relationship with attendees or hosts;

• Accept any legal obligations on behalf of, or in connection with, event organizers, venues, or guests.

2.2 No Sponsorship or Implied Approval

• Sponsorship, endorsement, verification, partnership, or approval or ratification of the accuracy, safety, legality, or suitability of such event or third party.
  Wimbo disclaims any duty to monitor or validate the identity, capacity, insurance status, qualifications, or legal compliance of any event organizer, unless expressly required by applicable law or regulation.

2.3 Independent User Responsibility and Dispute Allocation
Each user of the Platform acknowledges and accepts that they act solely in their own personal or commercial capacity, and Wimbo shall have no involvement in or liability for any:

• Misrepresentation, negligence, breach of duty, or unlawful conduct by a third-party organizer;

• Tortious or contractual claims arising from event participation, content reliance, or interpersonal disputes;

• Conflicts, litigation, or administrative proceedings between users or between users and third parties.

All such disputes must be resolved independently between the affected parties. Wimbo shall have no duty to intervene, mediate, arbitrate, or compensate for any resulting losses.

ARTICLE III — EVENT PARTICIPATION AND THIRD-PARTY ASSUMPTION OF RISK

3.1 Voluntary Assumption of Risk by Users
Users who attend, participate in, or engage with any event published on the Platform do so voluntarily and at their sole and exclusive risk. By engaging with such content or services, users agree to waive any right to hold Wimbo liable for:

• Injuries, illnesses, accidents, or fatalities;

• Emotional distress, trauma, or psychological harm;

• Property loss, theft, or damage;

• Reputational harm or social consequences.

This waiver shall apply irrespective of whether the damage arises from the conduct of a third-party event host, venue, vendor, co-attendee, or unaffiliated participant.

3.2 Host Duties and Legal Compliance
Wimbo shall not be responsible for ensuring compliance by event hosts with applicable laws or ordinances, including but not limited to:

• Public health and safety codes;

• Event licensing, alcohol permits, or food service laws;

• Venue occupancy regulations or COVID-19 directives;

• Accessibility standards, zoning laws, or insurance requirements.

The sole obligation for maintaining lawful and secure event conditions rests with the individual or entity listing and hosting the event.

3.3 No Wimbo Supervision or Insurance Coverage
Wimbo does not supervise, audit, or underwrite the safety of events, and it:

• Does not provide liability insurance or venue coverage;

• Does not guarantee event outcomes or attendee experiences;

• Does not monitor on-site conduct.

Participants are encouraged to conduct their own due diligence and assume responsibility for verifying the credibility, safety, and appropriateness of events and venues.

ARTICLE IV — LIMITATION OF LIABILITY

4.1 Scope of Liability Exclusion
Wimbo shall not be liable to any user or third party, whether in contract, tort (including negligence), equity, statute, or otherwise, for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to:

Economic losses, including loss of business, profit, revenue, or anticipated savings;

• Loss of opportunity, goodwill, or contractual advantage;

• Loss, corruption, or deletion of data;

• Reputational harm, or damage to digital content or communications;

• Business interruption, latency, or downtime.

This exclusion shall apply regardless of whether such losses were foreseeable or whether Wimbo had been advised of the possibility of such damages.

4.2 Capped Liability
Without prejudice to Article IV.1, and to the maximum extent allowed by law, Wimbo’s total aggregate liability to any individual or entity arising from or related to the use of the Platform shall be strictly limited to:

• One hundred Australian dollars (AUD $100); or

• The total amount actually paid by the user to Wimbo for any premium features or services within the preceding twelve (12) months,

whichever is greater. This cap represents a reasonable and contractually agreed limitation of risk allocation between Wimbo and Platform users.

ARTICLE V — FORCE MAJEURE AND PERFORMANCE EXCLUSIONS

5.1 Definition and Effect of Force Majeure Events
Wimbo shall not be held liable for any delay, suspension, or failure in performance arising from or caused, directly or indirectly, by any Force Majeure Event, which includes but is not limited to:

• Natural catastrophes (earthquakes, floods, fires, storms);

• Public health emergencies (epidemics, pandemics);

• Labor disputes, strikes, civil unrest, terrorism, or war;

• Acts of government, regulatory embargoes, or sudden legal prohibitions;

• Technological failures involving infrastructure providers (e.g., Amazon Web Services, Stripe, Cloudflare);

• Distributed denial-of-service (DDoS) attacks, hacking incidents, or data center outages.

Duty to Notify and Mitigate

• Wimbo shall notify affected users without unreasonable delay;

• Shall take reasonable measures to mitigate or limit disruptions;

• May, in its discretion, suspend or modify services without liability until the event ceases or can be managed.

5.3 No Right to Damages
Users shall not be entitled to refunds, damages, or performance credits in connection with disruptions or failures caused by Force Majeure Events, nor shall such events constitute grounds for breach of contract.

ARTICLE VI — REPORTING OF VIOLATIONS AND ENFORCEMENT RESPONSE

6.1 Duty to Report Prohibited Conduct
All users of the WimboTM Platform are expected to conduct themselves in a manner consistent with applicable laws, platform terms, and community standards. Users are under an affirmative obligation to promptly report any of the following to legal@wimbo.au:

• Suspected or actual violations of criminal law (e.g., fraud, harassment, endangerment);

• Misuse of the Platform to facilitate prohibited activities or misinformation;

• Abuse, threats, impersonation, or exploitation occurring during or in connection with an event;

• Circumvention of verification, security, or age-restriction protocols.

6.2 Remedial Measures and Legal Escalation
Upon receipt of a valid report or credible information, Wimbo reserves the right—but assumes no affirmative duty—to undertake appropriate remedial measures, which may include:

• Immediate suspension or termination of the user’s account or access;

• Preservation and retention of relevant user data in accordance with legal obligations under Article 6(1)(c) GDPR and equivalent regulatory mandates;

• Referral to competent law enforcement, regulatory, or supervisory authorities, including the issuance of relevant data to such agencies under lawful basis exemptions.

6.3 No Guarantee of Resolution or Legal Outcome
Wimbo shall make reasonable efforts to address reported conduct but does not guarantee any specific outcome or remedy. Users acknowledge that Wimbo is not a law enforcement body and is not equipped to adjudicate factual disputes or legal claims among users.

ARTICLE VII — GOVERNING LAW AND DISPUTE RESOLUTION

7.1 Choice of Law and Jurisdiction
This Disclaimer, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles, unless otherwise superseded by mandatory consumer protection laws applicable in the jurisdiction of the data subject or user.

7.2 Binding Arbitration
Any dispute, controversy, or claim arising under, relating to, or in connection with this Disclaimer—including questions concerning its validity, interpretation, or breach—shall be submitted to final and binding arbitration administered by:

• The American Arbitration Association (AAA) in accordance with its International Arbitration Rules, or

• Any internationally recognized arbitral body mutually agreed upon by the parties.

The seat and venue of arbitration shall be Wilmington, Delaware, USA, unless otherwise mandated by non-waivable statutory law. The language of arbitration shall be English, and judgment upon the award rendered may be entered in any court of competent jurisdiction.

7.3 Waiver of Class Actions
To the maximum extent permitted by law, users agree to waive any right to participate in class, collective, or representative proceedings, and instead agree to resolve disputes individually.

7.4 Equitable Relief
Notwithstanding the above, Wimbo reserves the right to seek injunctive or equitable relief in any jurisdiction to prevent unauthorized use, infringement of intellectual property, or threats to platform integrity.

ARTICLE VIII — SEVERABILITY AND SURVIVAL OF TERMS

8.1 Severability Clause
If any provision, clause, or subsection of this Disclaimer is found by a court of competent jurisdiction or arbitral tribunal to be invalid, unlawful, or unenforceable, such provision shall be deemed severed, and the remaining terms shall remain in full legal force and effect.

8.2 Survival of Terms
The following provisions shall survive the termination, expiration, or deactivation of a user’s account or access to the Platform, and remain enforceable indefinitely:

• Article I (Disclaimer of Liability);

• Article IV (Limitation of Liability);

• Article V (Force Majeure);

• Article VII (Governing Law and Arbitration);

• Article VIII (Survival);

• Article IX (Interpretation and Amendments).

ARTICLE IX — AMENDMENTS, INTERPRETATION, AND PRECEDENCE

9.1 Right to Amend
Wimbo reserves the unrestricted right to modify, update, revise, or replace this Disclaimer in its sole discretion at any time. In the event of a material change, Wimbo shall:

• Provide notice by email or in-app communication; and

• Indicate the revised effective date prominently on the updated Disclaimer.

Continued access or use of the Platform after such notice shall constitute affirmative acceptance of the amended terms.

9.2 Interpretive Construction
For purposes of construction and interpretation:

• Section headings and clause titles are included for reference and readability only and shall not affect the meaning or application of any provision;

• References to laws or regulations shall include all amendments, successor statutes, and implementing rules;

• In the event of ambiguity, the Disclaimer shall be construed in a manner consistent with its purpose: to define, limit, and disclaim the liabilities of Wimbo.

9.3 Controlling Language
In the event this Disclaimer is translated into multiple languages for accessibility or local compliance purposes, the English-language version shall control in the event of any discrepancy, contradiction, or interpretive conflict.