WAMessages TERMS AND CONDITIONS
Last updated September 27, 2021
AGREEMENT TO TERMS
The information provided on the Site is not intended to be distributed or used by any person or body in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirements in that jurisdiction or country. Accordingly, persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent applicable.
The Site is not designed to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you may not use this Site. You may not use the Site in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users over the age of 18. Persons under the age of 18 are not authorized to use or register on the Site.
INTELLECTUAL PROPERTY RIGHTS
Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print one copy of any portion of the Content that you have successfully accessed solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any part thereof).
FEES AND PAYMENT
We accept the following forms of payment:
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. In addition, you agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you. you if necessary. We bill you for purchases made through the Site through an online billing account. Sales tax will be added to the price of purchases as we deem necessary. We can change prices at any time. All payments will be made in US Dollars, Euros, Indian Rupees or other relevant currencies that we may add in the future.
You agree to pay all charges or fees at the then-current prices for your purchases, and you authorize us to charge your selected payment provider for any amount when you make your purchase. If your purchase is subject to recurring charges, then you authorize us to charge your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any pricing errors or mistakes, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
We offer a free trial of 100 messages to new users who register on the Site. The account will not be charged and the subscription will be suspended until you upgrade to a paid version at the end of the free trial.
All purchases are non-refundable. You may cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
If you are not satisfied with our services, please send us an email at email@example.com
WHATSAPP’S TERMS AND CONDITIONS
We are not affiliated in any way with WhatsApp, Facebook or any of their brands. Facebook and WhatsApp are separate companies and as such have their own Terms and Conditions, which you must adhere to.
You agree to use our Site and WhatsApp in accordance with this agreement and WhatsApp's policies. You can find WhatsApp's terms and conditions here . If you do not comply with these policies, your account could be blocked and this is entirely your responsibility, you will not hold us responsible in any way if this happens.
You may not access or use the Site for any purpose other than that which we make available to you. The Site may not be used in connection with any commercial activities, except those specifically endorsed or approved by us.
As a user of the Site, you agree not to:
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute or participate in blogs, message boards, online forums and other features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or disseminate content and materials to us or on the Site, including, but not limited to, text, writing, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewed by other users of the Site and through third party websites. Therefore, contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contribution, you represent and warrant that:
By posting your Contributions anywhere on the Site, you automatically grant, and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free right and license and fully paid worldwide to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, store, store, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and license sublicenses of the foregoing. Use and distribution may occur in any format and through any communication channel.
This license shall apply to any form, media, or technology now known or hereafter developed, and includes our use of its name, company name, and franchise name, as applicable, and any trademarks, names, logos, and personal and business images that you provide. You waive all moral rights in your Contributions, and you warrant that no moral rights in your Contributions have been asserted.
We do not assert any ownership of your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and you expressly agree to hold us harmless and refrain from taking any legal action against us in connection with your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contribution; (2) to re-categorize any Contributions to place them in more appropriate places on the Site; and (3) to pre-screen or remove any Contribution at any time and for any reason, without notice. We have no obligation to monitor your contributions.
GUIDELINES FOR REVIEWS
We may offer you areas on the Site to leave reviews or ratings. When posting a review, you must meet the following criteria: (1) you must have first-hand experience with the person/entity being reviewed; (2) your reviews must not contain offensive profanity, abusive, racist, offensive or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews must not contain references to illegal activities; (5) you must not be affiliated with a competitor if you post negative reviews; (6) must not draw conclusions about the legality of conduct; (7) you may not post false or misleading statements; and (8) you may not run a campaign that encourages others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We are under no obligation to review reviews or remove them, even if someone finds them objectionable or inaccurate. Opinions are not endorsed by us and do not necessarily represent our views or those of any of our affiliates or partners. We do not assume responsibility for any review or for any claim, liability or loss resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all the content related to the opinions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Site ("Communications") that you provide to us is non-confidential and shall become our sole property. We will have exclusive rights, including all intellectual property rights, and will have the right to use and disseminate these Communications without restriction for any legal, commercial or other purpose, without acknowledgment or compensation to you. You hereby waive all moral rights in such Communications, and you warrant that such Communications are original to you or that you have the right to send them. You agree that there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Communications.
THIRD-PARTY WEBSITES AND CONTENT
U.S. GOVERNMENT RIGHTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes any copyright that you own or control, please notify us immediately using the contact information provided below (a "Notification"). A copy of your Notice will be sent to the person who posted or stored the material to which the Notice refers. Please note that under applicable law, you may be held liable for damages if you make false statements in a Notice. Therefore, if you are not sure whether material located or linked by the Site infringes your copyright, you should first consider contacting an attorney.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, civil, criminal, and injunctive prosecution.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or remove the content of the Site at any time or for any reason, at our sole discretion and without notice. However, we are under no obligation to update the information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site.
Our refund policy is available here.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except for Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where applicable, the AAA Supplemental Procedures for Consumer Related Disputes ("AAA Rules"). AAA Consumer Policy"), both available on the AAA website at www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Consumer Rules and, where applicable, will be limited by the AAA Consumer Rules. Arbitration may be conducted in person, by filing documents, by telephone, or online. The mediator will make a decision in writing, but is not required to provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the mediator fails to do so. Except as otherwise required by AAA Rules or applicable law, the arbitration will take place in Delaware. Except as otherwise provided, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, annul, or enter judgment on the award rendered by the arbitrator.
In no event shall a Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute that falls within the part of this provision that is found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other person.
The Parties agree that the following Disputes are not subject to the above provisions regarding informal negotiations and binding arbitration: (a) any Dispute that seeks to enforce or protect, or that concerns the validity of, any of the proprietary rights intellectual of a Party; (b) any Dispute relating to, or arising out of, allegations of theft, hacking, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute covered by that part of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction. above, and the Parties agree to submit to the personal jurisdiction of such court.
There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to modify or update the information on the Site at any time, without notice.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NO INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEB SITE LINKED TO THE SITE AND SHALL NOT BE RESPONSIBLE FOR (1) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR DAMAGE TO PROPERTY, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY ERRORS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED ON, TRANSMITTED OR OTHERWISE AVAILABLE THROUGH THE SITE. WE DO NOT ENDORSE, WARRANT OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION APPEARING IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUES, DATA OR OTHER DAMAGES. DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE AND REGARDLESS OF THE FORM OF ACTION SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO THE ARISE OF ANY CAUSE OF ACTION. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will retain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we regularly back up data, you are solely responsible for all data that you transmit or that is related to any activity you have conducted using the Site. You agree that we will have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising out of any loss or corruption of any such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any right or requirement under the statutes, regulations, rules, ordinances or other laws of any jurisdiction requiring an original signature or the delivery or retention of non-electronic records, or the payment or granting of credits by any means other than electronic.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not resolved to your satisfaction, you may contact the California Department of Consumer Affairs, Division of Consumer Services, Complaint Assistance Unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento. , California 95834 or by phone at (800) 952-5210 or (916) 445-1254.
To resolve a complaint about the application or to receive further information about the use of the site, please contact us via firstname.lastname@example.org
© 2022 WAMessages, by Noosa Labs Inc.