TERMS AND CONDITIONS
1. Agreement to Terms
1.1
These Terms and Conditions constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (you), and WeAlways, located at Office # 12, 2nd floor, Union Gold Plaza F-7 Markaz, Islamabad - 44000 , Islamabad, Federal 44000 Pakistan (we, us), concerning your access to and use of the WeAlways (https://www.wealways.me) website as well as any related applications (the Site).
You agree that by accessing the Site and/or Services, you have read,
understood, and agree to be bound by all of these Terms and
Conditions.
If
you do not agree with all of these Terms and Conditions, then you are
prohibited from using the Site and Services and you must discontinue use
immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The
supplemental policies set out in Section 1.7 below, as well as any
supplemental terms and condition or documents that may be posted on the
Site from time to time, are expressly incorporated by reference.
1.3 We
may make changes to these Terms and Conditions at any time. The updated
version of these Terms and Conditions will be indicated by an updated
“Revised” date and the updated version will be effective as soon as it
is accessible. You are responsible for reviewing these Terms and
Conditions to stay informed of updates. Your continued use of the Site
represents that you have accepted such changes.
1.4 We
may update or change the Site from time to time to reflect changes to
our products, our users' needs and/or our business priorities.
1.5
The information provided on the Site is not intended for distribution
to or use by any person or entity 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 requirement within such
jurisdiction or country.
1.6 The
Site is intended for users who are at least 18 years old. If you
are under the age of 18, you are not permitted to register for the Site
or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
● Our Cookie Policy info@wealways.com, which sets out information about the cookies on the Site.
2. Acceptable Use
2.1 You
may not access or use the Site for any purpose other than that for
which we make the site and our services available. The Site may not be
used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to:
● Falsely implying a relationship with us or another company with whom you do not have a relationship
3. Information you provide to us
3.1 You
represent and warrant that: (a) all registration information you submit
will be true, accurate, current, and complete and relate to you not a
third party; (b) you will maintain the accuracy of such information and
promptly update such information as necessary; (c) you will keep your
password confidential and will be responsible for all use of your
password and account; (d) you have the legal capacity and you agree to
comply with these Terms and Conditions; and (e) you are not a minor in
the jurisdiction in which you reside, or if a minor, you have received
parental permission to use the Site.
If
you know or suspect that anyone other than you knows your user
information (such as an identification code or user name) and/or
password you must promptly notify us at info@wealway.com.
3.2 If
you provide any information that is untrue, inaccurate, not current or
incomplete, we may suspend or terminate your account. We may remove or
change a user name you select if we determine that such user name is
inappropriate.
4. Content you provide to us
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content).
You understand and agree that your User Content may be viewed by other
users on the Site, and that they may be able to see who has posted that
User Content.
4.2 You
further agree that we can use your User Content for any other purposes
whatsoever in perpetuity without payment to you, and combine your User
Content with other content for use within the Site and otherwise. We do
not have to attribute your User Content to you.
4.3 You
warrant that any User Content does comply with our Acceptable Use
Policy, and you will be liable to us and indemnify us for any breach of
that warranty. This means you will be responsible for any loss or damage
we suffer as a result of your breach of this warranty.
4.4 We
have the right to remove any User Content you put on the Site if, in
our opinion, such User Content does not comply with the Acceptable Use
Policy.
4.5 We
are not responsible and accept no liability for any User Content
including any such content that contains incorrect information or is
defamatory or loss of User Content. We accept no obligation to screen,
edit or monitor any User Content but we reserve the right to remove,
screen and/or edit any User Content without notice and at any time. User
Content has not been verified or approved by us and the views expressed
by other users on the Site do not represent our views or values
4.6 If you wish to complain about User Content uploaded by other users please contact us at info@wealway.com.
5. Our content
5.1 Unless
otherwise indicated, the Site and Services including source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
5.2 Except
as expressly provided in these Terms and Conditions, no part of the
Site, Services or Our Content may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written
permission.
5.3 Provided
that you are eligible to use the Site, you are granted a limited
licence to access and use the Site and Our Content and to download or
print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use.
5.4 You
shall not (a) try to gain unauthorised access to the Site or any
networks, servers or computer systems connected to the Site; and/or (b)
make for any purpose including error correction, any modifications,
adaptions, additions or enhancements to the Site or Our Content,
including the modification of the paper or digital copies you may have
downloaded.
5.5 We
shall (a) prepare the Site and Our Content with reasonable skill and
care; and (b) use industry standard virus detection software to try to
block the uploading of content to the Site that contains viruses.
5.6 The
content on the Site is provided for general information only. It is not
intended to amount to advice on which you should rely. You must obtain
professional or specialist advice before taking, or refraining from, any
action on the basis of the content on the Site.
5.7 Although
we make reasonable efforts to update the information on our site, we
make no representations, warranties or guarantees, whether express or
implied, that Our Content on is accurate, complete or up to date.
6. Site Management
6.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4)
remove from the Site or otherwise disable all files and content that
are excessive in size or are in any way a burden to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights
and property and to facilitate the proper functioning of the Site and
Services.
6.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
6.3 You
are responsible for configuring your information technology, computer
programs and platform to access the Site and you should use your own
virus protection software.
7. Modifications to and availability of the Site
7.1 We
reserve the right to change, modify, or remove the contents of the Site
at any time or for any reason at our sole discretion without notice. We
also reserve the right to modify or discontinue all or part of the
Services without notice at any time.
7.2 We
cannot guarantee the Site and Services will be available at all times.
We may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in interruptions,
delays, or errors. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or
use the Site or Services during any downtime or discontinuance of the
Site or Services.We are not obliged to maintain and support the Site or
Services or to supply any corrections, updates, or releases.
7.3 There
may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Services, including
descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and
to change or update the information at any time, without prior notice.
8. Disclaimer/Limitation of Liability
8.1 The
Site and Services are provided on an as-is and as-available basis. You
agree that your use of the Site and/or Services will be at your sole
risk except as expressly set out in these Terms and Conditions, all
warranties, terms, conditions and undertakings, express or implied
(including by statute, custom or usage, a course of dealing, or common
law) in connection with the Site and Services and your use thereof
including, without limitation, the implied warranties of satisfactory
quality, fitness for a particular purpose and non-infringement are
excluded to the fullest extent permitted by applicable law.
We
make no warranties or representations about the accuracy or
completeness of the Site’s content are not liable for any (1) errors or
omissions in content: (2) any unauthorized access to or use of our
servers and/or any and all personal information and/or financial
information stored on our server; (3) any interruption or cessation of
transmission to or from the site or services; and/or (4) any bugs,
viruses, trojan horses, or the like which may be transmitted to or
through the site by any third party. We will not be responsible for any
delay or failure to comply with our obligations under these Terms and
Conditions if such delay or failure is caused by an event beyond our
reasonable control.
8.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
● We
do not exclude or limit in any way our liability to you where it would
be unlawful to do so. This includes liability for death or personal
injury caused by our negligence or the negligence of our employees,
agents or subcontractors and for fraud or fraudulent
misrepresentation.
● If
we fail to comply with these Terms and Conditions, we will be
responsible for loss or damage you suffer that is a foreseeable result
of our breach of these Terms and Conditions, but we would not be
responsible for any loss or damage that were not foreseeable at the time
you started using the Site/Services.
Notwithstanding
anything to the contrary contained in the Disclaimer/Limitation of
Liability section, our liability to you for any cause whatsoever and
regardless of the form of the action, will at all times be limited to a
total aggregate amount equal to the greater of (a) the sum of £5000 or
(b) the amount paid, if any, by you to us for the Services/Site during
the six (6) month period prior to any cause of action arising.
9. Term and Termination
9.1 These
Terms and Conditions shall remain in full force and effect while you
use the Site or Services or are otherwise a user of the Site, as
applicable. You may terminate your use or participation at any time, for
any reason, by following the instructions for terminating user accounts
in your account settings, if available, or by contacting us at info@wealway.com.
9.2 Without
limiting any other provision of these Terms and Conditions, we reserve
the right to, in our sole discretion and without notice or liability,
deny access to and use of the Site and the Services (including blocking
certain IP addresses), to any person for any reason including without
limitation for breach of any representation, warranty or covenant
contained in these Terms and Conditions or of any applicable law or
regulation.
If
we determine, in our sole discretion, that your use of the
Site/Services is in breach of these Terms and Conditions or of any
applicable law or regulation, we may terminate your use or participation
in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
9.3 If
we terminate or suspend your account for any reason set out in this
Section 9, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any
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 pursuing
civil, criminal, and injunctive redress.
10. Mobile Application
10.1 If
you access the Services via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and
use the mobile application on wireless electronic devices owned or
controlled by you, and to access and use the mobile application on such
devices strictly in accordance with the terms and conditions of this
license.
10.2 The
following terms apply when you use a mobile application obtained from
either the Apple Store or Google Play (each an App Distributor) to
access the Services:
(a)
the licence granted to you for our mobile application is limited to a
non-transferable licence to use the application on a device that
utilizes the Apple iOS or Android operating system, as applicable, and
in accordance with the usage rules set forth in the applicable App
Distributor terms of service;
(b)
we are responsible for providing any maintenance and support services
with respect to the mobile application as specified in these Terms and
Conditions or as otherwise required under applicable law. You
acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the mobile
application;
(c)
In the event of any failure of the mobile application to conform to any
applicable warranty, you may notify an App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the mobile application, and to the
maximum extent permitted by applicable law, an App Distributor will have
no other warranty obligation whatsoever with respect to the mobile
application;
(d)
you represent and warrant that (i) you are not located in a country
that is subject to a U.S. government embargo, or that has been
designated by the U.S. government as a “terrorist supporting” country;
and (ii) you are not listed on any U.S. government list of prohibited or
restricted parties;
(e)
you must comply with applicable third party terms of agreement when
using the mobile application, e.g., if you have a VoIP application, then
you must not be in breach of their wireless data service agreement when
using the mobile application; and
(f)
you acknowledge and agree that the App Distributors are third party
beneficiaries of these Terms and Conditions, and that each App
Distributor will have the right (and will be deemed to have accepted the
right) to enforce these Terms and Conditions against you as a third
party beneficiary thereof.
11. General
11.1 Visiting
the Site, sending us 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 we provide to you electronically, via email and
on 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 to electronic delivery of notices, policies and
records of transactions initiated or completed by us or via the Site.
You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by other than
electronic means.
11.2 These
Terms and Conditions and any policies or operating rules posted by us
on the Site or in respect to the Services constitute the entire
agreement and understanding between you and us.
11.3 Our
failure to exercise or enforce any right or provision of these Terms
and Conditions shall not operate as a waiver of such right or provision.
11.4 We may assign any or all of our rights and obligations to others at any time.
11.5 We
shall not be responsible or liable for any loss, damage, delay or
failure to act caused by any cause beyond our reasonable control.
11.6 If
any provision or part of a provision of these Terms and Conditions is
unlawful, void or unenforceable, that provision or part of the provision
is deemed severable from these Terms and Conditions and does not affect
the validity and enforceability of any remaining provisions.
11.7 There
is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms and Conditions or
use of the Site or Services.
11.8 Except as stated under the Mobile Application section, a person
who is not a party to these Terms and Conditions shall have no right
under the Contracts (Rights of Third Parties) Act 1999 to enforce any
term of these Terms and Conditions.
11.9 In
order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us by
email at info@wealway.com or by post to:
WeAlways
Office # 12, 2nd floor, Union Gold Plaza F-7 Markaz, Islamabad - 44000
Islamabad, Federal 44000
Pakistan