Terms & Conditions of Use
BECAUSE THESE TERMS AND CONDITIONS IMPOSE LEGAL OBLIGATIONS UPON YOU, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.
Wally shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms & Conditions at any time (“Changes”). You will be notified of any Changes through a posting on our website, a notification in the Services, or via e-mail. Any Changes shall be effective 5 (five) calendar days following the posting of such Changes (the “New Effective Date”). The most recent version of these Terms & Conditions may always be found at www.wally.me/terms. You agree to review these Terms & Conditions from time to time and agree that any subsequent use by you of the Services following the New Effective Date shall constitute your acceptance of all such Changes. If you do not agree to any or all of the Changes, you must stop using the Services immediately and notify Wally via e-mail at email@example.com
These Terms & Conditions were last modified on September 25th, 2014.
2. Purpose of Services
Any and all information and content made available through the Services (“Information And Content”) is provided solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.
3. Remedies for Violations
Wally reserves the right to seek all remedies available at law and in equity for violations, or for suspected violations, of these Terms & Conditions, including but not limited to the right to block access from a particular user or IP address to the Services and their features.
4. License of Your Content to Wally
By uploading, posting, transmitting, sharing, or otherwise making available to the Services any information or content, or submitting any materials for use on the Services, you grant (or warrant that the owner of such rights has expressly granted) Wally or its designee a perpetual, royalty-free, irrevocable, fully-paid, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, sublicense, translate, reformat, create derivative work(s) or adaptation(s) from, and distribute such information, content, and/or materials. Wally retains the right, at its absolute discretion, to edit or remove any information, comments, messages or other content posted or delivered by any user of our application or visitor to our website.
THE SERVICES AND ALL INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WALLY, ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WALLY DISCLAIMS ALL RESPONSIBILITY FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO: (I) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES AND THEIR INFORMATION AND CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (II) ANY THIRD PARTY WEB SITES OR THIRD PARTY APPLICATIONS SOFTWARE AND CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERTEXT LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (III) THE UNAVAILABILITY OF THE SERVICES, INFORMATION AND CONTENT, OR ANY PORTION THEREOF; (IV) YOUR USE OF THE SERVICES OR RELIANCE ON ANY INFORMATION AND CONTENT; (V) PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON’S, DEVICES OR COMPUTERS AS A RESULT OF USING THE SERVICES, OR; (VI) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.
ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. WALLY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, TIMELY, CURRENT, ERROR-FREE, OR OTHERWISE RELIABLE, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. AS A USER OF AND/OR VISITOR TO THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AND CONTENT SHALL BE ENTIRELY AT YOUR OWN RISK.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WALLY BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES. WALLY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH: (I) THE USE OF OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION AND CONTENT CONTAINED THEREIN; (II) YOUR PARTICIPATION OR RELIANCE ON ANY INFORMATION AND CONTENT ACCESSED IN CONNECTION WITH THE SERVICES; (III) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, WALLY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$1.00 (OR THE EQUIVALENT IN ANY OTHER CURRENCY).
6. Service Modifications
You acknowledge and agree that Wally reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) the Services and/or any associated services, Information And Content, or technical specifications with or without notice to you, and that Wally will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.
7. Privacy and Personal Information
8. Confidentiality and Transmissions over the Internet
9. Proprietary Rights
“Wally”, “wally.me”, the Wally logo, and other identifying marks of Wally are and shall remain the trade-marks and trade names and exclusive property of Wally, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners. All content in the Services, including without limitation all programs, compiled binaries, interface layout, interface text, documentation, and graphics, is the copyrighted property of Wally and is protected by international copyright law. The Information And Content may be used by you only for your personal, non-commercial use. Any rights not expressly granted to you are reserved by Wally.
10. Indemnification by User
You agree to indemnify, defend, and hold Wally and Wally’s affiliates, business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Services, any third party applications, software, information, content, and/or materials you post or share on or through the Services, or breach of these Terms & Conditions. Wally reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
11. Bank Linking
You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service. Wally is not responsible for any errors or omissions or third party service related issues with respect to the account or the accuracy of said information retrieved or obtained from these third parties.
12. Third Party Websites, Content and Products and Services
As Wally has no control or responsibility over, and does not investigate, monitor, or check for accuracy third party web sites or information and/or content maintained by other organisations, or for products and services offered by third parties, and Wally does not assume any liability for your use of any of the foregoing. If you decide to exit the Services and access third party web sites, you acknowledge and agree that you do so at your own risk and you should be aware that these Terms & Conditions no longer govern.
13. Unlawful Activity
Wally reserves the right to investigate complaints or reported violations of these Terms & Conditions and to take any action Wally deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.
Wally may decline to provide access to the Services to any users that are subject to, or that are located in countries that are subject to, any national or international sanctions programs.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to conflict of laws provisions thereto. All rights and remedies, whether conferred by this agreement, by any other instrument or by law, shall be cumulative, and may be exercised singly or concurrently. The parties hereby irrevocably agree to the exclusive jurisdiction of the courts of the United Kingdom.
15. Force Majeure
In addition to applicable disclaimers stated above, Wally’s performance under these Terms & Conditions shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labour disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
If you have any questions or concerns about the application, website, Services, or these Terms & Conditions, please feel free to contact us at firstname.lastname@example.org