This User Terms of Service of "www.webwag.com" has been posted and is effective as of June 1st, 2007. We will provide you with the Service in accordance with these terms and conditions, the applicable charges notified to you from time to time and your application for Service (the "Application") (collectively, the "Agreement").
1. Your Agreement with us
- By using the Service and/or downloading or using the Webwag Mobile Software, you agree to be bound by the terms of this Agreement.
- This Agreement begins on the earliest of the date on which:
- you first use the Service;
- you first access the Service; and
- you first access or download the Webwag Mobile Software. and continues until terminated by either party as set out in clause 10. We may refuse to accept your Application for any reason.
2. What is required to use the Service?
- To use the Service and Webwag Mobile Software you must have an Internet access and/or a mobile phone that is compatible with our Service (refer to our Website for details). We do not warrant that the Service or Webwag Mobile Software will be compatible with your Mobile Phone.
- Webwag provides the Service in a wide range of general locations which includes select shopping centres. Sometimes the Service relates to specific locations and provides information relevant to these particular locations.
- You are responsible for ensuring compliance with your Mobile Phone Provider's terms and conditions, and you indemnify us for any loss or damage that we may suffer as a result of your breach of this clause 2(c).
- The availability and performance of the Service and Webwag Mobile Software is dependent on the memory, storage and other limitations of your Mobile Phone and also the quality and speed of your connection with your Mobile Phone Provider and Webwag. We give no warranty to you in relation to the performance or characteristics of your Mobile Phone and its use in connection with the Service and Webwag Mobile Software.
3. Restrictions on use of the Service
- You must not:
- use the Service or the Webwag Mobile Software to, or in any way that would, violate any applicable law;
- violate, interfere with, damage or compromise the Webwag Mobile Software or Service or any other person's copy of the Webwag Mobile Software or their electronic device;
- collect any information or communication about the Service or Webwag Mobile Software or users of the Service or the Webwag Mobile Software by monitoring, interdicting or intercepting any process of the Service or the Webwag Mobile Software;
- remove any proprietary notices from the Service, Webwag Mobile Software or any copy;
- cause, permit or authorise the modification, creation of derivative works, translation, or copying of the Webwag Mobile Software or the Service;
- sell, sub-license, assign, rent, lease, act as a service bureau, or grant rights in the Webwag Mobile Software or Service, to any other person without our prior written consent;
- decompile, disassemble, reverse engineer or hack the Webwag Mobile Software or endeavour to overcome any encryption, technical protection or security methods implemented by us with respect to the Webwag Mobile Software and/or data transmitted, processed or stored by us or other users of the Webwag Mobile Software; or
- attempt to do anything referred to in this clause.
- Furthermore, you must not use the Service or Webwag Mobile Software, or knowingly or negligently allow any other person to use the Service, to develop, generate, transmit or store information that:
- infringes any person's intellectual property or other proprietary right;
- is defamatory, harmful, abusive, obscene or hateful;
- in any way obstructs or otherwise interferes with the normal performance of another person's use of the Service;
- is an unsolicited commercial communication not permitted by law;
- is harassment, nuisance or a violation of privacy or threatens anyone;
- impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias);
- is "prohibited content" (as defined in the Broadcasting Services Act 1992); or
- may jeopardise the operation of a phone or Webwag network or knowingly or negligently allow any other person to do so.
- You indemnify us for any loss or damage we may suffer as a result of you breaching any of your obligations under clauses 3(a) or 3(b).
- We reserve the right to investigate occurrences which may involve violations referred to in, or breaches of, clauses 3(a) or 3(b). We may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations or breaches.
4. Your account
- If you have more than one account we may, at our option, suspend or terminate all of your accounts with us
- if you are in breach of your obligations under any account and that breach is not rectified.
- You must tell us about any change in your address or other details you supply us. If we ask you for information about you or your account for the purpose of operating the Service then you must provide it to us.
5. Our Service
- We will use reasonable endeavours to make our Service available to you at all times. However, the quality and availability of our Service may be affected by factors outside of our reasonable control (for example, without limitation, weather, power services and faults in phone networks or overcrowding of the Webwag service). As a result, the Webwag Mobile Software and the Service are provided "as is" and we do not represent or warrant that the Webwag Mobile Software or the Service will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free, or will operate without data loss, nor do we warrant any particular quality of messages sent to or through the Webwag Mobile Software or the Service.
- We reserve the right to add additional features or functions to the Webwag Mobile Software. However, we have no obligation to make available to you any subsequent versions of our software applications or Service.
- The Service is dependent on your Mobile Phone having access to the network. If you are in an area where you cannot obtain Webwag network access, then you will not be able to use the Service.
- We assume no liability for the content of any message or any other communication or response submitted by you or any other person through the Service or otherwise and you indemnify us for any loss or damage we may suffer as a result of your use of the Service.
- We are not liable to you or any other person for faults or defects that arise in telecommunication services not provided under this Agreement (even if they are connected, with our consent, to the Service which we have arranged under this Agreement) which are due to incompatibility with the Service. Webwag may use the services of, or link to third party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. The goods and services available through these links are offered by independent companies which are not affiliated in any way with Webwag or its affiliates. Webwag makes no representations as to the quality, fitness, workmanship, value, appropriateness or reliability of the merchandise available or the solvency or financial viability of any advertiser or third-party. Webwag will not reimburse or indemnify you for any losses you may incur as a result of transactions with any Webwag third-party. Users are advised to use discretion in selecting companies to do business with online. Neither Webwag nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that are associated with Webwag or its offered services.
6. Limitation of Liability
WE RESERVE THE RIGHT TO REVISE THE WEBWAG SERVICE AND THE CONTENTS OR WITHDRAW ACCESS TO THE SAME AT ANY TIME. WE ARE NOT LIABLE FOR THE NON-AVAILABILITY OF THE WEBWAG SITE AND SERVICE HOWEVER CAUSED. WE ASSUME NO LIABILITY OF ANY DELAY, DATA LOSS OR DAMAGE DURING THE TRANSMISSION FROM THE SITE AND SERVICE. EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR INTENTIONAL MISCONDUCT, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL OR OTHER DAMAGES, LOST PROFITS, BUSINESS REVENUE, GOODWILL, ANTICIPATED SAVINGS, OR DATA, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE AND SERVICE EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. OUR LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and keep indemnified us and our affiliates, related bodies corporate, officers, directors, employees, agents and service providers at your expense, against any claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by us arising out of or relating to your:
- breach of any term of this Agreement or any policy or guidelines referred to in it, or
- use or misuse of the Webwag Mobile Software and/or the Service.
YOU AGREE TO INDEMNIFY AND HOLD US, OUR AFFILIATES, SUBSIDIARIES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE ON OR THROUGH THE WEBWAG SITE AND SERVICE OR YOUR USE OF THE SITE AND SERVICE.
8. No Warranty
THE WEBWAG SITE AND SERVICE ARE PROVIDED AS A CONVENIENCE TO YOU. THE SITE AND SERVICE ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT WARRANT THAT THE USE AND/OR CONTENTS OF THE SITE AND SERVICE OR ANY WEB SITE LINKED THERETO WILL BE UNINTERRUPTED OR ERROR-FREE. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE CONDITION, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, MERCHANTABILITY, AND/OR NON-INFRINGEMENT OF ANY SERVICES PROVIDED HEREUNDER, YOUR OWN EQUIPMENT, THE INTERNET ITSELF, ANY PUBLIC LINES AND/OR OPERATOR/CARRIER NETWORKS.
9. Suspending our Service
- We may suspend your use of the Service, at our sole discretion without notice, if:
- we decide that the Service needs maintenance or upgrading;
- you or anyone else using your Mobile Phone, are in breach of this Agreement; or
- any third party takes action or threatens to take action against us for providing the Service.
- You remain liable for all charges due under this Agreement throughout the period of any suspension (including, without limitation, all periodic access fees) unless we, in our sole discretion, determine otherwise.
- You can terminate this Agreement at any time for any reason by notifying us.
- We may terminate this Agreement at any time on 14 days notice to you.
- We may terminate this Agreement immediately if:
- you, or any user of your Mobile Phone, breach this Agreement;
- you, or any user of your Mobile Phone, damages a phone network or puts a phone network at risk or abuses or threatens our staff;
- your Mobile Phone is no longer compatible with our Service;
- your Mobile Phone Number is withdrawn; or
- we are ordered by a government agency to cancel the Service.
- If this Agreement is terminated for any reason, you will not be able to use the Service and you will forfeit any credits remaining on your account.
- Upon termination of this Agreement for any reason:
- all licenses and rights to use the Webwag Mobile Software and the Service will terminate and you must remove the Webwag Mobile Software from your Mobile Phone and delete all copies of the Webwag Mobile Software in your possession. We can also disable or delete any Webwag Mobile Software you have installed without notice to you; and
- the provisions of clauses 7, 8, and 13 and any other clauses which by their nature should survive, will survive the termination of this Agreement.
11. Your information and privacy
12. License to use Webwag Mobile Software
Subject to the terms of this Agreement, we grant you a limited, non-exclusive, personal, non-sub-licensable, non-assignable license to download if appropriate, install and use the Webwag Mobile Software onto a Mobile Phone for your sole use and for the sole purpose of using the Webwag Mobile Software and the Service supplied by us in accordance with the terms of this Agreement. The Webwag Mobile Software may only be used in connection with the Service.
13. Intellectual Property Rights
1.You acknowledge that we retain all intellectual property rights (including, without limitation, rights protected by laws relating to copyright, patents, trade secrets and trademarks) relating to the Service and the Webwag Mobile Software, the design or operation of the Service and the Webwag Mobile Software, any modification or enhancements to the Webwag Mobile Software, and any other technical information relating to the provision of the Service and the Webwag Mobile Software ("Intellectual Property Rights"). Except for the limited license granted to you, we reserve all rights, title and interest in and to the Webwag Mobile Software and the Service. 2.You must keep any information you receive relating to our Intellectual Property Rights confidential, and you must not allow any written or electronically recorded material to be copied or disclosed to another person, including after termination of this Agreement. 3.You will not use information which you acquire from us for any purpose that is not authorised by us in writing. 4.You must not do anything that would jeopardise, damage, limit or interfere with our Intellectual Property Rights or our interest in them.
14. Content submitted or made available for inclusion on the Service
We do not claim ownership of Content you submit or make available for inclusion on the Service. However, after validation, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Webwag the following worldwide, royalty-free and non-exclusive license(s), as applicable: 1.With respect to Content you submit or make available for inclusion on publicly accessible areas of Webwag Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Webwag to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Webwag removes such Content from the Service. 2.With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Webwag Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Webwag removes such Content from the Service. 3.With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other Webwag Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
15. Acts beyond our reasonable control
Without limitation to clause 7, we are not liable for: 1.any delay in correcting any fault in the Service; 2.failure or incorrect operation of any Service; or 3.any other delay or default in performance under this Agreement, if it is caused by an event beyond our reasonable control, including but not limited to war, accident, industrial action, embargo, delay or failure or default by your Mobile Phone Provider or any other supplier of goods or services to us or you.
- We can vary the terms of this Agreement at any time, including, without limitation, by changing the Service. If we do this and the change is to your detriment, we will place a notice on our Website or notify you by some other means permitted by law. Your continued use of the Software and/or the Service constitutes your acceptance of these revised terms.
- You must not transfer your account or assign any of your rights and responsibilities under this Agreement without our prior written approval. We may assign any of our rights and obligations at any time.
- If any term of this Agreement is invalid or unenforceable, it will be severed from this Agreement and the remainder of this Agreement will remain valid and effective.
- You acknowledge that you enter into this Agreement entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by us or on our behalf not expressly set out in this Agreement.
- Any failure or delay by us in enforcing a provision of this Agreement does not affect our right at a time to enforce that or any other provision.
- This Agreement is governed by and construed in accordance with the laws of Bordeaux, France. You submit to the jurisdiction of the courts of Bordeaux.
These words have the following meanings:
- "Agreement" means this agreement, as amended from time to time.
- "Content" means data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials
- "Webwag Mobile Software" means the software created under that name including any on-line or enclosed documentation, and any future programming fixes, updates and upgrades that we may provide to you, as set out on the Website.
- "Mobile Phone" refers to any electronic and telecommunications equipment that you use to access our Service including but not limited to Mobile Phones, PDA's and computers, and including your Subscriber Identity Module card containing your Mobile Phone Number.
- "Mobile Phone Number" means the mobile phone number issued in respect of your Mobile Phone.
- "Mobile Phone Network" means the party providing mobile phone network services to you.
- "person" includes end users, bodies corporate, companies and government authorities.
- "Service" means the Webwag platform (Webwag.com), website and associated technologies or activities, and any content provision, transaction processing or customer relations conducted through these means.
- "SMS" means any SMPP or MMAP compliant message transmitted through a computer network, including but not limited to GSM, TDMA or (W-)CDMA networks or any other form of messaging service that may be used by Webwag.
- "We", "us" and "our" means Webwag providing Webwag Service, Siret 48840239700019 and its successors and assigns.
- "Website" means Webwag.com and any other content made available by WEBWAG on the World Wide Web.
- "you" and "your" means you, the customer who subscribes to our Service.
By accessing and using this site, your use indicates your agreement with the terms of this Policy. If you do not agree with this Policy, please do not use this site. This Policy is applicable to this and certain other our general informational web/mobile sites, but not necessarily all our web/mobile sites or web channels, for which special terms and conditions may apply as indicated. All our sites to which this Policy is applicable are collectively referred to as this "site". Note that special use terms, or site or page specific terms (referred to as "special terms"), may apply to certain pages/services on this site, but the applicability of any such special terms will be expressly indicated. In the event of any inconsistency between any special terms and this Policy, the applicable special terms will prevail over the terms of this Policy.
In general, most of this site's pages are provided for informational purposes and you will be able to use this site without telling us who you are or providing us with any personal data about yourself. There are times, however, when in connection with your use of this site we may need information about you.
Personal Data Provided by You
To respond to your questions, fulfill your requests or manage interactive customer programs, it may be necessary to ask for or obtain personal data. If you provide us with any personal data, we may use it to respond to your requests, customize your user experience with us, determine your satisfaction with our products and/or services or contact you via mail, e-mail, mobile message or phone, or, in accordance with local law, contact you via the aforementioned channels to inform you of new products, services or promotions we may offer. By providing information to us through this site, you acknowledge and consent to the collection, use and disclosure of personally identifying information of the type and for the limited purposes described in this Policy. You expressly accept and give your consent that your personal data obtained in connection with your use of this site may be transferred, if permitted by applicable local legislation, across international borders to server locations supporting this site (including but not limited to transfers from those locations back to the country of your location) for operating and developing this site and our services, including transfers to our subcontractors or agents, as mentioned below, who perform tasks related to this site, or our services, or for the purposes of storing the data in relevant databases, which may be located in any country where we have operations. If you place an order for a product, request a service or submit content to this site, we may need to contact you for additional information required to process or fulfill your order and/or request. Unless compelled by applicable law or administrative or judicial order, we will not provide this information to a third party without your permission, except as necessary to process your order, fulfill your requests, manage interactive customer programs or, if you are a corporate user, enable administration of access and usage of this site by authorized personnel in your organization. If allowed by applicable local legislation, we may also exchange information between our affiliated (related) companies for the purposes mentioned in this Policy. Because we are committed to protecting your privacy, we do not engage in the practice of selling or trading personal data to other companies for promotional purposes.
Usage of Subcontractors
We may use subcontractors to provide some products or services to you. We also may need to share your personal data with these subcontractors so that they can provide services to us. Our subcontractors are not permitted to use such personal data for any other purposes and we impose confidentiality requirements on their services.
Visitor Identification – Usage of "Cookies"
We have endeavoured to take commercially reasonable measures to prevent unauthorized access to and improper use of your personal data submitted to us via your use of this site. For example, we use encryption technology when collecting financial personal data such as credit card information. If this site supports online transactions, it will use an industry standard security measure, such as the one available through "Secure Sockets Layer" ("SSL"), to protect the confidentiality and security of online transactions. If used, industry standard security measures like SSL authentication ensure that credit card information, as well as other personal data submitted as part of the buying process, is reasonably safe from third party interception. While there are always risks associated with providing personal data, whether in person, by phone or via the internet or other technologies, and no system of technology is completely safe or "tamper"/"hacker" proof, we have endeavoured to take reasonable precautions which are appropriate to the nature of the information to prevent and minimize such risks in connection with your use of this site.
Accuracy of Collected Data
We will on our own initiative, or at your request, free of charge, replenish, rectify or erase any incomplete, inaccurate or outdated personal data retained by us in connection with the operation of this site. Please consult the contact information posted on the About Us – page, to determine how best to contact us to update and/or review your personal data and/or opt out of receiving marketing communications from us.
Our policy is to request that "Minors" (the age of Minors is determined by local law where you reside) do not make purchases or engage in other legal acts on this site without the consent of a parent or legal guardian, unless permitted by applicable local law.
This site may contain links to other sites. Please note that we are not responsible for the privacy practices or contents of any other sites. We recommend that you read the privacy policies of such sites.
Changes to this Policy
We may from time to time change this Policy or change, modify or withdraw access to this site at any time with or without notice. However, if this Policy is changed in a material, adverse way, we will post a notice advising of such change at the beginning of this Policy and on this site's home page for 30 days. We recommend that you re-visit this Policy from time to time to learn of any such changes to this Policy. Copyright © Webwag 2007. All rights reserved.