Terms & Conditions

Welcome to Whazzi!

Whazzi is owned and operated by Whazzi Inc.

These are the terms and conditions for:

·  Whazzi App (iOS version – Available on App store)

·  https://whazzi.com

(Hereby “Whazzi”).

By registering on the application and purchasing the subscriptions, you agree to these terms and conditions as set out below.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.

 

ELIGIBLITY

You may use the application and purchase the subscriptions only if you can form a binding contract with Whazzi, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

The use of this application for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our services. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their child. 

By using the application, you represent and warrant that you have the full right, power and authority to enter into these terms and fully perform all your obligations hereunder. You further represent and warrant that you do not have any legal disabilities or contractual restrictions that would prevent you from agreeing to these terms.

 

WHAZZI

Whazzi is a social media app that allows you to view events or functions happening all around you! With Whazzi you will never miss out on the awesome events and functions going on. Whazzi will also enable you to see events tailored to your interests and within your specified location range. Not only does Whazzi offer you the ability to view events, but Whazzi also gives you the option to advertise your business’s or organization’s events or functions at ease.

For more information about our application, please contact us through our contact information, our support team will be attentive and available to respond to your requests and concerns.

 

ACCOUNT

If you register on Whazzi, you will be required to choose a password and you may be asked for additional information regarding your account, such as your e-mail address and name. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Whazzi of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from Whazzi. Whazzi will not be liable for any loss or damage arising from your failure to comply with this agreement.

By providing Whazzi your email address you consent to our using the email address to send you service-related notices, including any notices required by law. We may also use your email address to send you other messages, such as changes to features of the service and special offers. You can opt out of receiving emails by sending us your withdrawal request or by unsubscribing from emails with the “unsubscribe” option. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

 

ACCOUNT DELETION AND TERMINATION

The users may terminate their accounts any time, for any reason, by following the instructions on Whazzi. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Whazzi.

Whazzi reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Whazzi believes that you have breached any of these terms, furnished Whazzi with false or misleading information, or interfered with use of the platform, application or the service by others.

 

SUBSCRIPTIONS

When a user with the intent to purchase a subscription places an order, Whazzi will send that user an email to confirm that the order for the subscription purchased has been received. This email confirmation will be produced automatically so that the user has confirmation of their subscription details.

Whazzi may cancel any sale and not supply services if it is reasonable to do so and may change or discontinue the availability of the subscriptions at any time at its sole discretion. If an order is cancelled, any payment made for the subscription will be refunded in full. This does not affect your Statutory Rights.

Subscriptions include regular automatic payments. You authorize Whazzi to renew your subscription and to charge you periodically and progressively. The subscription billing date is the date you purchase your first subscription. Your account will be automatically charged on the subscription billing date with all applicable fees for the next subscription period. The subscription will continue until you cancel your subscription or we terminate it. You must cancel your subscription before it renews to avoid billing of the next periodic subscription fee to your account. We will bill the recurring subscription fee to the payment method you provide during registration. Subscriptions will automatically renew for an additional period unless cancelled before the next payment. Cancelled accounts will immediately lose access to the Platform’s payment features.

 

PRICES

Whazzi reserves the right to determine the price for the subscriptions. In the case of products offered by other sellers, the sellers will determine the price of their products and will be free to change the price of their products at their sole discretion.

Whazzi will make reasonable efforts to keep the price information published on the application up to date. We encourage you to check our application periodically for current pricing information. Will always try to make sure that the prices on the application is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the user will be informed of such error.

 

PAYMENTS

The purchase of subscriptions will be made through the Apple platform. The payment will be charged to your credit card, or debit card immediately after ordering the products you have purchased. When processing a transaction, we will issue an electronic transaction receipt that will be sent to the email address you provide. Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. Whazzi reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.

 

LICENSE TO USE THE PLATFORM

Whazzi gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Whazzi as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Whazzi, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Whazzi application or third parties.

This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (5) distribute intellectual property without ownership or a license to distribute such property (6) Breach, in any way, the terms of service, privacy policy or rules of this web site or the recipients.

Whazzi reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Whazzi believes that you have violated any of these terms or interfered with the use of the website or service by others.

 

DISCLAIMER

Whazzi is not responsible for any damage to the physical or moral integrity of people, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a consequence of the communications established on the Whazzi application. The communications and relationships established between users as a consequence of any connection within the Whazzi application will be the sole and exclusive responsibility of the users. In the event that one or more users or a third party should initiate any type of claim or legal action against another or other users, each and every one of the users involved in said claims or legal actions will exempt Whazzi from any responsibility.

 

COPYRIGHT

All content included on this application, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Whazzi, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Whazzi and protected by international copyright laws. All software used on this site is the property of Whazzi or its software suppliers and protected by international copyright laws.

Users can publish and share content through the platform. By publishing your content through the application, you agree and authorize that your content may be displayed publicly on the application and may be shared by other users on the platform or on different social networks. By posting and sharing your content and the content of other users, you also agree not to directly or indirectly change or remove any copyright, trade name, service mark, trademark or any other property displayed in the content available on the application. Any alteration or use of the content outside the guidelines of these terms, violates intellectual property rights and may be subject to claims or lawsuits. By downloading the application, you do not own any right or title to our content or the content of other users.

 

 

COPYRIGHT COMPLAINTS

Whazzi respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the “Whazzi” application infringe upon your copyright or other intellectual property right, please send the following information to: 

Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.

A statement specifically identifying the location of the infringing material, with enough detail that Whazzi may find it on the “Whazzi” application. Please note: it is not sufficient to merely provide a top-level URL.

Your name, address, telephone number and e-mail address.

A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.

A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

USER CONTENT

Certain features of the application may permit users to upload content, which may be comprised of messages, images, video, text, and others and to publish that user content on the application. You retain any Copyright that you may hold in the user content that you post to the application. Nevertheless, we need certain permission from you in order to publish the content. Whazzi is not responsible for the accuracy, safety or legality of user content published in the application. Users are solely and exclusively responsible for their content and the consequences of publishing their content. By providing user content to or via the service, you grant Whazzi a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your user content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

 

USER CONTENT REPRESENTATIONS AND WARRANTIES

Whazzi disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Whazzi and users of the service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Whazzi, the Service, and these Terms.

b) Your user content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Whazzi to violate any law or regulation.

c) Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

d) Your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.

 

CONTENT REVIEW

Whazzi does not control and does not have any obligation to monitor: (a) User content; (ii) Any content made available by third parties; or (iii) the use of the services by its users. You acknowledge and agree that Whazzi reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Whazzi chooses to monitor the content, Whazzi still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

 

WHAZZI RESPONSIBILITIES

Whazzi shall insure ordered products at their retail value whilst being delivered to you. Please check the delivered products as soon as possible on receipt as we will not cover any subsequent loss or destruction.

Because of the nature of the Internet, Whazzi provides and maintains the application on an “as is”, “as available” basis and makes no promise that use of The Application will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our application may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the application in breach of these terms you will be liable to and will reimburse, Whazzi for any loss or damage caused as a result.

These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Whazzi liability for death or personal injury resulting from its negligence nor any fraudulent representation.

Whazzi will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Whazzi excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Whazzi and Whazzi shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

·  Any incorrect or inaccurate information on Whazzi.

·  The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the application or any product purchased through the application.

·  Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.

·  Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

·  Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the application , or from transmissions via emails or attachments received from Whazzi.

·  All representations, warranties, conditions and other terms which but for this notice would have effect.

 

 

THIRD PARTIES

Through your use of the Whazzi application and services you may encounter links to third party sites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their applications. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Whazzi provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Whazzi is in no way responsible or liable for any such third-party sites.

 

 

PROHIBITED ACTIVITIES

The content and information available on the application (including, but not limited to, data, information, text, sound, photos, graphics, video, icons or other material), as well as the infrastructure used to provide such content and information, is owned by Whazzi or the respective users content providers. Based on this information, the following activities are prohibited:

   i.   Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Whazzi.

 

 ii.   Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.

 

iii.   Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.

 

iv.   Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

 

 v.   Deep-link to any portion of the services for any purpose without our express written permission.

 

vi.   “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.

 

   vii.   Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Whazzi in connection with the services.

 

  viii.   Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content.

 

ix.   Download any Content unless it’s expressly made available for download by Whazzi.

 

 

INDEMNIFICATION

You agree to defend and indemnify Whazzi and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

Your breach of this agreement or the documents referenced herein.

Your violation of any law or the rights of a third party.

The use of the application.

 

ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Whazzi for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

 

SECURITY COMPONENTS

You understand that Whazzi and software embodied within Whazzi may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Whazzi and/or content providers who provide content to Whazzi platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Whazzi.

 

 

CHANGES AND TERMINATION

We may change the application and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the application constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

 

PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the purchase of products will be used in accordance with our Privacy Policy. For more information about the collection and use of your personal data on this application, please consult our privacy policy.

 

INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by Whazzi, shall constitute the entire agreement between you and Whazzi concerning and governs your use of the application.

 

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

 

DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, application, interpretation or validity thereof or the use of the website and the enforcement thereof, shall be settled by binding arbitration between the parties, in the jurisdiction chosen and agreed to by the parties, except that each party retains the right to bring an individual action in court.

 

FINAL PROVISIONS

These terms are governed by the USA law. Use of our application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this paragraph.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our application or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

 

CONTACT INFORMATION

If you have questions or concerns about these terms, the products or the service, please contact us at: Info@whazzi.com