1.1 These terms and conditions shall govern your use of our application (herein the term application also refers to our website with the domain wiseamigo.com).
1.2 By using our application, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our application.
1.3 If you register with our application, submit any material to our application or use any of our application’s services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be of ‘minimum age’ to use our application as defined in section 5; and by using our application or agreeing to these terms and conditions, you warrant and represent to us that you are at least of ‘minimum age’.
2 Copyright notice
2.1 Copyright (c) 2018 WiseAmigo Ltd.
2.2 Subject to the express provisions of these terms and conditions:
2.2.a we, together with our licensors, own and control all the copyright and other intellectual property rights in our application and the material on our application; and
2.2.b all the copyright and other intellectual property rights in our application and the material on our application are reserved.
3 Licence to use application
3.1 You may:
3.1.a use our application on an Apple iOS device;
3.1.b screenshot pages of our application for personal use on your Apple iOS device;
3.1.c print pages of screenshots for personal use from our application; and
3.1.d stream audio and video files from our application;
3.2 Subject to the other provisions of these terms and conditions.
3.3 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our application or save any such material to an electronic device.
3.4 You may only use our application for personal purposes, and you must not use our application for any other purposes (including commercial purposes) without explicit permission in writing from WiseAmigo Ltd.
3.5 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our application.
3.6 Unless you own or control the relevant rights in the material or have our express written permission, you must not:
3.6.a republish material from our application (including republication on another application);
3.6.b sell, rent or sub-license material from our application;
3.6.c show any material from our application in public;
3.6.d exploit material from our application for a commercial purpose; or
3.6.e redistribute material from our application.
3.7 Notwithstanding Section 3.5, you may redistribute our published marketing content from our application, social media channels and newsletter in print and electronic form to any person for so long as it does not infringe on third party intellectual property.
3.8 Notwithstanding Section 3.5, you may republish material from our application if using the functionality within the application designed to do so (sharing facility) but only insofar as the content is then not further republished or its use breaches these terms & conditions
3.9 We reserve the right to restrict access to areas of our application, or indeed our whole application, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our application.
4 Acceptable use
4.1 You must not:
4.1.a use our application in any way or take any action that causes, or may cause, damage to the application or impairment of the performance, availability or accessibility of the application;
4.1.b use our application in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
4.1.c use our application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
4.1.d conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our application without our express written consent;
4.1.e access or otherwise interact with our application using any robot, spider or other automated means;
4.1.f use data collected from our application for any direct marketing activity (including without limitation messaging/ commenting within the application, email marketing, SMS marketing, telemarketing and direct mailing) without our express written consent
4.2 You must not use data collected from our application to contact individuals, companies or other persons or entities without our express written consent
4.3 You must ensure that all the information you supply to us through our application, or in relation to our application, is true, accurate, current, complete and non-misleading.
5 Registration and accounts
5.1 To be eligible for an individual account on our application, you must be of “minimum age” in your country of origin. This includes being at least 13 years of age in order to possess an Apple ID and thus access the application from the App Store.
5.2 “Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for WiseAmigo to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.
5.3 You may register for an account with our application by completing and submitting the account registration form within our application, or utilising the option to login via Facebook.
5.4 By registering with this application or service you will only have one WiseAmigo account, which must be setup and maintained in your real name and WiseAmigo Ltd must not already have restricted you from using the application or service.
5.5 You must not allow any other person to use your account to access the application.
5.6 You must not use any other person's account to access the application
5.7 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6 User login details
6.1 If you register for an account with our application, you will be asked to choose a user ID and password.
6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 12; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on our application arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7 Social networking
7.1 Users, registered and logged-in, will be granted access to features at our discretion, which may include but not be limited to:
7.1.a the facility to enter detailed information to constitute a personal profile on the application and to publish that profile on the application to be accessed by other users;
7.1.b the facility to post and publish text, comments, reviews, quantitative and qualitative feedback;
7.1.c the facility to follow other users and be followed by other users;
7.1.d the facility to send private messages via the application to particular individuals registered on the application;
7.1.e the facility to post and publish media including images, videos and audio files attached or unattached to other forms of content;
7.1.f the facility to save private Spotlights, and collate content under a Spotlight or Scrapbook;
7.1.g the facility to love, up-vote, down-vote, share and report content on the application;
7.1.h the facility to search for and explore others’ Spotlights (limited to titles only);
7.2 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the application, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 14.1, 15.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
7.3 You agree to the publication of posts or other content forms relating to you, by others, on our application; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 15.1, you agree that you will not hold us liable in respect of any such posts or other content forms, irrespective of whether we are aware or ought to have been aware of such posts.
7.4 All information that you supply as part of a personal profile on the application must be true, accurate, current, complete and non-misleading.
7.5 You must keep your personal profile on our application up to date.
7.6 Personal profile information must also comply with the provisions of Section 5 and Section 12.
8 Cancellation and suspension of account
8.1 We may:
8.1.a suspend your account;
8.1.b cancel your account; and/or
8.1.c edit your account details,
8.2 at any time in our sole discretion without notice or explanation.
8.3 You may make a request to delete your account and withdraw your consent to any further data processing by emailing email@example.com and providing your name, email provided for the purposes of logging into WiseAmigo and your username. Requests will be actioned within one month of receiving the requests.
9 Mobile and Other Devices
9.1 With the exception of our paid for application features, access and use of the application is provided for free, but please be aware that your carrier's normal rates, standard charges and fees, such as text messaging and data charges, will still apply.
9.2 You provide consent and all rights necessary to enable users to sync their devices with any information that is visible to them on WiseAmigo.
10 Your content: licence
10.1 In these terms and conditions, "your content" means all works and materials (including without limitation but not limited to text, graphics, images, audio material, video material, audio-visual material, trips, scripts, inputted data, software and files) that you submit to us or our application for storage or publication on, processing by, or transmission via, our application.
10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media and reproduce, store, exploit and publish your content on and in relation to this application, any successor application or business activity undertaken.
10.3 You grant to us the right to sub-license the rights licensed under Section 10.2.
10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.
10.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
10.6 You may edit your content to the extent permitted using the editing functionality made available on our application.
10.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
11 Your content: rules
11.1 You warrant and represent that your content will comply with these terms and conditions.
11.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
11.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
11.3.a be libellous or maliciously false;
11.3.b be obscene or indecent;
11.3.c infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
11.3.d infringe any right of confidence, right of privacy or right under data protection legislation;
11.3.e constitute negligent advice or contain any negligent statement;
11.3.f constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
11.3.g be in contempt of any court, or in breach of any court order;
11.3.h be in breach of racial or religious hatred or discrimination legislation;
11.3.i constitute spam;
11.3.j be in breach of official secrets legislation;
11.3.k be in breach of any contractual obligation owed to any person;
11.3.l depict violence in an explicit, graphic or gratuitous manner;
11.3.m be pornographic;
11.3.n consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or
11.3.o be fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory
11.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
11.5 You must not use our application to link to any application, web page or other medium consisting of or containing material that would, were it posted on our application, breach the provisions of these terms and conditions.
11.6 You must not submit to our application any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
12 Report abuse
12.1 If you learn of any unlawful material or activity on our application, or any material or activity that breaches these terms and conditions, please let us know.
12.2 You can let us know by email or by using our reporting function.
13 Limited warranties
13.1 We do not warrant or represent:
13.1.a the completeness or accuracy of the information published on our application;
13.1.b the material on the application is up to date; or
13.1.c that the application or any service on the application will remain available.
13.2 We reserve the right to discontinue or alter any or all of our application services, and to stop publishing our application, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any application services, or if we stop publishing the application.
13.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our application and the use of our application.
14 Limitations and exclusions of liability
14.1 Nothing in a contract under these terms and conditions will:
14.1.a limit or exclude any liability for fraud or fraudulent misrepresentation;
14.1.b limit any liabilities in any way that is not permitted under applicable law; or
14.1.c exclude any liabilities that may not be excluded under applicable law.
14.2 The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions:
14.2.a are subject to Section 14.1 and 15.1; and
14.2.b govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
14.3 To the extent that our application and the information and services on our application are provided free of charge, we will not be liable for any loss or damage of any nature.
14.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
14.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
14.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
14.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
14.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the application or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
15.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
15.1.a any breach by you of any provision of these terms and conditions;
15.1.b your use of our application; and
15.1.c any content (including without limitation but not limited to text, graphics, images, audio material, video material, audio-visual material, trips, scripts, inputted data, software and files) that you upload to the application
16 Breaches of these terms and conditions
16.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
16.1.a send you one or more formal warnings;
16.1.b temporarily suspend your access to our application;
16.1.c permanently prohibit you from accessing our application;
16.1.d block computers or mobile devices using your IP address from accessing our application;
16.1.e contact any or all of your internet service providers and request that they block your access to our application;
16.1.f commence legal action against you, whether for breach of contract or otherwise; and/or
16.1.g suspend or delete your account on our application.
16.2 Where we suspend or prohibit or block your access to our application or a part of our application, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
17 Third party applications
17.1 Our application includes hyperlinks to other websites and/or applications owned and operated by third parties; such hyperlinks are not recommendations.
17.2 We have no control over third party applications and their contents and we accept no responsibility for them or for any loss or damage that may arise from your use of them (subject to 14.1 and 15.1).
18 Trade marks
18.1 WiseAmigo, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
18.2 The third party registered and unregistered trade marks or service marks on our application are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
19.1 We may revise these terms and conditions from time to time.
19.2 The revised terms and conditions shall apply to the use of our application from the date of publication of the revised terms and conditions on the application and/or website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions; if you do not agree to the revised terms and conditions, you must stop using our application.
19.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the application, and you must stop using the application.
20.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
20.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
21.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
21.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
22 Third party rights
22.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
22.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
23 Entire agreement
24 Law and jurisdiction
24.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.
24.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
25 Statutory and regulatory disclosures
25.1 WiseAmigo Ltd is a limited company registered in England and Wales. Company Registration No. 9978108
25.2 Our VAT number is 214 9800 15.
26 Our details
26.1 This application is owned and operated by WiseAmigo Ltd.
26.2 We are registered in England and Wales under registration number 9978108, and our registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, England.
26.3 You can contact us by writing to the business address given above, by using our application feedback function or by sending an email to firstname.lastname@example.org