TERMS AND CONDITIONS
BY USING OR ACCESSING THIS WEBSITE, YOU ACCEPT AND AGREE TO ALL APPLICABLE LAWS AND REGULATIONS REGARDLESS OF LOCATION.
Upon access to this Website, Users agree to accept the following Terms and Conditions Policy. www.WishWell.co.nz ("Website") is owned and operated by WishWell Limited, (herein known as "WishWell"). Terms such as "our", "us", or "we" shall be used within this Agreement and refers to WishWell's owners and operators.
B. MODIFICATIONSWe reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time without notice. Users may find the most recent version of these Terms on the Website, with the date of last modification. Users agree that such modifications shall become effective immediately upon the posting thereof, and you hereby waive any right you may have to receive specific notice of such changes or modifications. Therefore, we encourage you to check the date of our Terms whenever you visit this Website to check if they have been updated. Users are responsible to review these Terms on a regular basis to keep up-to-date on any changes. If you do not agree to any revised Terms your sole recourse is to immediately stop all use of the Website and any services offered via the Website. Users who continue to use the Website and any of its services following the posting of modifications will confirm that the modified Terms are accepted.
C. SERVICE ELIGIBILITYWishWell is a technology-based service. Users represent and warrant they're (a) at least 18 years of age or older and have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms; (b) are not a direct competitor of WishWell; and (c) have full power and authority to enter into this Policy and in doing so will not violate any other agreement to which you are a party.
D. REGISTRATION GUIDELINESTo obtain and use the WishWell Website and its Services, Users are required to register with WishWell by completing a registration form and designating an email and password. When registering with WishWell you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Website or any services offered. Users may not authorize any third party to access or use the Website on their behalf. Users are responsible for maintaining the confidentiality and security of the email and password and agree not to share the email and password with third parties. Users are fully and solely responsible for all activities that occur under the email or password. Users agree to immediately notify WishWell of any unauthorized use of the email or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of an account.
F. USE OF MATERIAL & LIMITED LICENSEWe provide Materials and information on this Website with full copyright protection. All Materials are under the ownership of WishWell and all other Materials labeled with any trademark and service mark are the property of their respective owners. Users acknowledge any usage of the information and/or Materials is the Users sole responsibility, and WishWell or its affiliates hold no liability for any usage of its Materials including any fraudulent usage of its Materials. This includes, but is not limited to web content, application content, articles, blog, email correspondences, or any other written content, and are provided only for informative purposes. We use a diverse range of information, text, photographs, designs, graphics, images and other Materials and effects on the Website. Users are prohibited from data mining, scraping, crawling, or using any process that sends automated queries to or from the Website. Users are prohibited from using the Website to compile a collection of listings, including a competing list for any products or services. Users are prohibited from using the Website or any of its Materials for any unsolicited commercial e-mail listings and is strictly a violation of usage terms. Users are not granted a license under any copyright, trademark, patent or other intellectual property rights in the Materials or the products, services, processes or technology described therein. All such rights are retained by WishWell. Any WishWell affiliates shall not be held responsible for any direct, indirect, incidental, special, exemplary or consequential damages of any kind whatsoever as a result of, or relating to, the use of this Website, other Websites or resources linked to or accessed through this Website. Furthermore, WishWell shall not be held responsible for any and all claims, liabilities, losses, business interruption, or other data, cost and expenses (including attorney fees) resulting from the use of any and all Materials found on this Website. Users are granted a limited, non-sublicensable license (the "License") to access, download, store, display on their computer, view, listen to, play and print Materials that we publish via the Website or application that is made available for download through the Website subject to the following: (a) the Materials may be used solely for the Users personal purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed. Any unauthorized or prohibited use of Materials may subject the user to civil liability and criminal prosecution under applicable federal, state and international laws. In the event illegal use is conducted the User shall be held liable, while WishWell and its affiliates, hold no responsibility for User actions and cooperate with the law regarding any investigation requests.
H. USER CONDUCTUsers must agree to not "Abuse" the Website or any applications provided. In using the Website or any services, you agree to comply with the following rules of conduct (the "Conduct Rules") and not to Abuse the Website or any services, without limitation, to: 1. Defame, harass, stalk, threaten, abuse or otherwise violate others' rights as defined by applicable law; 2. Harm or interfere with the operation of others' computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses; 3. Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software; 4. Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark; 5. Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information; 6. Download or upload files that are unlawful to distribute through the Website; 7. Interfere with or disrupt the Website, servers or networks connected to the Website, including attempting to interfere with the access of any other User, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any "denial of service" attacks, "spamming", "crashing", "flooding" or "mail-bombing" the Website; 8. Direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process, computer systems or otherwise, create unreasonable load upon any of computer hardware, network, storage, input/output or electronic control devices or infrastructure; 9. Transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website; 10. Falsely use a password or personal identification number during logging into the Website, or misrepresent one's identity or authority to act on behalf of another; and/or 11. Violate this Agreement in any other manner.
I. INTELLECTUAL PROPERTY RIGHTS AND NOTICESYou agree that WishWell or its licensors retain all ownership of and proprietary rights, title and interest, including copyright and all other intellectual property rights, in and to the Website, the Materials and any services. Our WishWell URL, WishWell logo and any other product or service names or slogans of WishWell contained in the Website include without limitation, either trademarks, service marks or registered trademarks of WishWell, and may not be copied, imitated, or used, in whole or in part, without WishWell's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. You may not use any metatags or any other "hidden text" utilizing "WishWell" or any other name, trademark or product or service name of WishWell without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of WishWell and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Website that are part of the services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Website pages does not give you any license to our intellectual property. All rights not expressly granted herein are reserved
J. NO WARRANTIESWe intend for the information contained on our Website to be accurate and reliable; however, errors sometimes may occur. WE PROVIDE OUR WEBSITE AND ANY SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WishWell, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH CONSIDERED AN "WishWell PARTY," AND COLLECTIVELY, THE "WishWell PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE WishWell PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THESE TERMS. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE WEBSITE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US.
K. LIMITATION OF LIABILITYUsers expressly understand and agree that WishWell and its subsidiaries, affiliates, employees, agents, partners and licensors shall not be liable to Users for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses. Even if WishWell has been advised of the possibility of such damages resulting from use of the Website, its content or any related services, the foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. IN NO EVENT SHALL WishWell BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF 1. ACCESS TO, OR USE OF THIS WEBSITE, OR DELAY OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION CONTAINED IN THIS WEBSITE; OR 2. THE AVAILABILITY AND UTILITY OF PRODUCTS AND SERVICES. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.
L. INDEMNIFICATIONUsers agree to indemnify WishWell from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from use of this Website or applications, including without limitation any claims alleging facts that if true would constitute a breach by the User and/or of these Terms.
M. TERMINATION OF SERVICEWishWell reserves the right to terminate without notice your password, account or use of the Website and any services, to delete any data stored on the Website or in connection with the services, and to block or prevent future access to the Website and the services, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to WishWell at any time. Upon termination, any data you have stored on WishWell systems may not be retrieved, and WishWell shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party. It is your sole responsibility to retain copies of any materials you post to the Website through our services.
N. CHOICE OF LAW AND DISPUTESThese Terms are governed by and construed in accordance with the laws in Auckland, New Zealand. By accessing our Website, Users consent to these Terms and to being subject to the jurisdiction of Auckland, New Zealand regardless of physical location. Users are responsible for compliance with other applicable laws within the Users own jurisdiction. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue to be in full force and effect.
O. MARKETPLACE AND REVENUE PAYMENTSWe do not need to approve any app, information, listing, service or product listed on the marketplace or shop. Furthermore, we do reserve the right to remove any app, information, listing, service or product from the marketplace that we feel must be removed for any reason and without cause. WishWell reserves the right to suspend or deny payment to a User if we believe that User has breached or violated these Terms.
P. PAYMENT OF FEESWishWell uses a third party intermediary to store and manage credit card information as well as payment processing and this intermediary is required to comply with the Payment Card Industry Data Security Standard. We may terminate or suspend your access to the Website if there is a failing to make any required payments or fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges. You may then have to open a new account as all your data may have been deleted, archived, or lost. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Website or by sending a communication to any address (email or otherwise) that we have for you in our records. Payments or fees are non-refundable. Charges are calculated on a daily basis and processed on a monthly basis at the beginning of each month for the previous month. Your account will be charged in New Zealand Dollar and the name that will appear on your statement will be - WishWell.
Q. MISCELLANEOUSIf any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. WishWell may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign this Terms, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE WEBSITE, THE WEBSITE MATERIALS OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of WishWell to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
S. NOTICES TO WishWellYou may notify us by e-mail at firstname.lastname@example.org or contact us by mail at: P.O Box 35749, Browns Bay, Auckland 0630, New Zealand.
LAST UPDATED NOVEMBER 09, 2018