THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH WAMBIZ LTD (“WE”, “US” OR “OUR”) PROVIDES YOU (“YOU” OR “YOUR”) WITH ANY OF THE SERVICES (“SERVICES”) OFFERED VIA WAMCONNECT.COM, WAMHUB.COM OR WAMSPORT.NET (“WEBSITE”) AND THROUGH THE MOBILE APPLICATION AVAILABLE FOR DOWNLOAD (“APP”) .
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. YOU ACKNOWLEDGE THAT BY USING THE SERVICES OFFERED BY US, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE SERVICES OFFERED BY US.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
THESE TERMS MAY BE SUBJECT TO CHANGE, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS FROM TIME TO TIME AND BEFORE REGISTERING WITH THE WEBSITE AND/OR THE APP.
1. INFORMATION ABOUT US, THE WEBSITE AND THE APP
1.1. The Website and the App are owned and managed, operated and maintained by WAMBIZ Ltd, a company registered in England and Wales with company registration number 08123681, and having its registered address at 12 Warwick Street, Coventry, England, CV5 6ET.
1.2. The Website and App form an online social networking facility for schools, colleges, universities, other educational establishments and other organisations (“Institutions”), allowing both staff and employees of the Institution (“Staff User”) and the enrolled students, parents, customers, supporters and players of the Institution (“Student User”) to communicate and interact (hereafter collectively referred to as “Users”). As a Staff User or Student User, you can create your own profile for the purpose of using the Services, the Website and the App, which is made available to other Users (“Profile”).
1.3. We shall be entitled at our own discretion to suspend the Website and/or the App (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned and emergency maintenance or upgrades, and shall not be liable to you for any such suspension or unavailability of the Website and/or the App (wholly or party).
1.4. We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the Website, the App and the Services available to you. Whilst we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not warrant that the Website or the App shall be uninterrupted or fault-free at all times. We therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services, the Website and/or the App as a result of our service providers.
1.5. WAMBIZ Ltd may be contacted at WAMBIZ LTD, 12 Warwick Street, Coventry, England, CV5 6ET, United Kingdom or by email at email@example.com.
2. PRELIMINARY INFORMATION
2.1. You hereby warrant that:
2.1.1. you are at least 10 years old;
2.1.2. you have the capacity to agree to these Terms; and
2.1.3. you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms.
3.1. In order to access the features and functionalities of the Services, you will need to register your username and password allocated to you by the Institution (“Institution ID”).
3.2. By registering your Institution ID, you consent to us conducting verification and security procedures in respect of the information provided by you online, in order to ensure you are enrolled at or employed by the Institution (as applicable).
3.3. You hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information.
3.4. Upon the submission and acceptance of your Institution ID, you will be assigned as either a Staff User or Student User.
3.5. You shall keep your Institution ID confidential and secure. Without prejudice to any other rights and remedies available to us, we reserve the right to promptly suspend your access to the Website and/or App in the event that we have any reason to believe you have breached any of the provisions set out herein.
4. FORMATION OF CONTRACT BETWEEN US
4.1. Your contract (“Contract”) with us shall commence at such time as you activate your Institution ID to access the Website and/or App.
4.2. Notwithstanding the foregoing, we reserve the right to:
4.2.1. accept or reject your registration for any reason; and
4.2.2. refuse you access to the Services Website and/or App (partly or wholly) if you breach any of the provisions hereunder.
4.3. Unless otherwise expressly set out to the contrary herein, your Contract with us shall remain in force for the duration in which you continue to use the Services.
4.4. As a User, you may terminate your Contract with us at any time by contacting us at firstname.lastname@example.org or asking your institution to delete your Profile.
4.5. We may terminate your Contract at any time and for any reason by providing seven (7) days notice to you in writing or by e-mail.
4.6. We may suspend your access to the Website and/or App and terminate your Contract at any time and without notice to you if:
4.6.1. the third party services and network providers cease to make the third party service or network available to us;
4.6.2. we believe that you or someone using your Login Details has failed to comply with one or more of these Terms;
4.6.3. we believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Services, the Website and/or the App (in whole or in part);
4.6.4. we believe that you have provided us with any false, inaccurate or misleading information; or
4.6.5. we believe that you are not acting in a personal capacity; or
4.6.6. the agreement between us and the Institution is terminated or the provision of the Services to the Institution is suspended, for any reason; or
4.6.7. your access to the Service is blocked by the Institution;
4.6.8. your Institution ID is withdrawn, revoked, cancelled or otherwise invalidated by the Institution for any reason.
5. YOUR OBLIGATIONS
5.1. You agree that you are solely responsible and liable for all activities on the Website and/or the App.
5.2. You acknowledge that the Institution may, at its discretion, assign to you additional permissions in relation to your use of the Services, including an abuse report team user and an admin user (“WAM Admin User”). You agree to use the Website and/or the App solely to the extent granted by the additional permissions, as may be varied by us from time to time.
5.3. You must promptly notify us in the event there is a breach of security or any unauthorised use of your Institution ID. We may be contacted by email at email@example.com
5.4. You shall not submit to appear on the Website and/or the App through your use of the Services, any information, comments, images, third party URL links or other material whatsoever in any format (“User Content”), whether on your Profile or elsewhere on the Website and/or the App, that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:
5.4.1. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.4.2. harass or advocate harassment of another person;
5.4.3. display pornographic or sexually explicit material;
5.4.4. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
5.4.5. promote any illegal activities;
5.4.6. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
5.4.7. promote or contain information that you know or believe to be inaccurate, false or misleading;
5.4.8. engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without our prior written consent; or
5.4.9. infringe any rights of any third party.
5.5. You acknowledge that submitting User Content does not guarantee that such User Content, or any part thereof, shall appear on the Website and/or App. You agree that we may, at our sole discretion, choose to display or remove any User Content or any part of the same that you make on the Website and/or the App and you hereby grant to us a non-exclusive, perpetual, irrevocable and worldwide licence to do so.
5.6. You hereby grant to us a non-exclusive, perpetual, irrevocable licence to make the User Content available to other Users of the Website and/or App.
5.7. If you feel that any User Content made by another User is objectionable, please contact us using the contact details set out on the Website. We shall use our reasonable endeavours to review the relevant User Content as soon as is practicable and shall take such action as it deems necessary, if any at all. You acknowledge and agree that WAM Admin Users will have the right to edit or remove User Content they consider to be in breach of clause 5.4. You hereby permit us to grant such WAM Admin Users with access to your User Content for the purpose of making such edits and removals they consider necessary.
5.8. You further agree that at all times, you shall:
5.8.1. not use your Institution ID with the intent of impersonating another person;
5.8.2. not allow any other person to use your Institution ID;
5.8.3. not use the information presented on or obtained using the Website and/or App or derived from the Services for any purposes other than those expressly set out in these Terms;
5.8.4. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website and/or App or in respect of the network;
5.8.5. not use the Website and/or the App, the content therein and/or do anything that will infringe the Intellectual Property Rights or other rights of any third parties;
5.8.6. comply with all instructions and policies from us from time to time in respect of the Services and the Website and/or App;
5.8.7. co-operate with any reasonable security or other checks or requests for information made by us from time to time; and
5.8.8. use the information made available to you on the Website and/or the App and through the Services at your own risk.
5.9. In the event that we, in our sole and absolute discretion, consider that you have breached any of the terms set out in this clause 5, we reserve the right to take any action that we deem to be necessary, including without limitation, the termination forthwith and without notice of your use of and access to the Services, the Website and/or the App and in the case of illegal use, the instigation of legal proceedings as appropriate.
5.10. Without prejudice to any of our other rights and remedies, we reserve the right, in our sole and absolute discretion, to take any action that we deem necessary and appropriate in the event we consider that there is a breach or threatened breach of this clause 5.
6. OUR RIGHTS AND OBLIGATIONS
6.1. In consideration for your compliance with these Terms, we shall use our reasonable endeavours to provide you with the Services on the Website and/or App at all times for your own personal, non commercial purposes only.
6.2. We reserve the right to make any changes to the Website and/or App including any functionalities and content therein or to discontinue any aspect of the Services or features of the Website and/or App without notice.
6.3. We may update or modify these Terms from time to time. Your continued use of the Services, the Website and/or the App (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or modified Terms. If you do not agree with the changes to these Terms, you may terminate your Contract with us in accordance with clause 4.4.
6.4. You acknowledge and agree that in providing the Services to you, we may be required to monitor your use of the Website and/or App from time to time.
7. USE OF THE APP
7.1. Subject to these Terms, We hereby grant to you a non-exclusive, non-transferable, terminable licence to download, install and use the App on your mobile device for the purpose of using the Services for your own personal, non-commercial use.
7.2. Except as expressly permitted in these Terms, You shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or Your right to Use the App; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to Us or our licensors contained within the App; or (v) use the App in any manner not expressly authorised by these Terms.
7.3. Where you access the Services through an App, you acknowledge and agree that:
7.3.1. WAMBIZ Ltd is in no way linked, connected or affiliated with Apple, Google or Microsoft;
7.3.2. access to and use of the App may be limited by your network carrier and will be limited if you are attempting to access the App from outside the United Kingdom;
7.3.3. you acknowledge you will not be able to access and use certain functionalities of the App unless you have internet access through your device. All traffic charges or access charges incurred due to the use of the App are subject to your agreed terms with your mobile network provider.
7.3.4. neither your airtime provider nor any App kiosk or kiosk operator (including but not limited to the Apple App Store, Google Play App Store or Windows Phone Marketplace) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the App;
7.3.5. your airtime provider and any App kiosk or kiosk operator (including but not limited to the Apple App Store, Google Play App Store or Windows Phone Marketplace) are third party beneficiaries in respect of this clause 7.3 and accordingly have the right to enforce the provisions of this clause 7.3;
7.3.6. we are solely responsible for providing any support and maintenance in respect of the App; and
7.3.7. you will comply with any applicable third party terms and conditions in your use of the App.
7.4. Further, where you access the Services via an App obtained from the Apple ‘App Store’, you acknowledge and agree that:
7.4.1. you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
7.4.2. you are not listed on any US Government list of prohibited or restricted parties;
7.4.3. these Terms are concluded between you and us and accordingly Apple is not a party to these Terms;
7.4.4. Apple has no obligation to provide any maintenance and support services in respect of the App;
7.4.5. Apple has no responsibility to address any claims by you or any third party whatsoever with respect to the App;
7.4.6. Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights;
7.4.7. ‘App Store’ and ‘Apple’ are trade marks of Apple Inc.
8.1. The Institution may include details of events or other notifications (“Events”) through the Website and/or App from time to time. We do not verify the accuracy of such Events and shall not be liable for any errors or omissions in respect of information relating to the Events.
8.2. If you are attending an Event, you agree that it is your responsibility to check whether an Event has been cancelled or rescheduled.
9. YOUR RELATIONSHIP WITH OTHER USERS
9.1. You acknowledge and agree that we only provide you with the Services, the Website and the App. You understand that we are not involved or a participant, in any way, in respect of any contact, meetings (face-to-face or otherwise), negotiations, transactions or contracts between you and other Users.
9.2. Consequently, you acknowledge and agree that we shall not be liable in any way and for any reason whatsoever in respect of your relationship with other Users.
9.3. We recommend that you take all reasonable care when arranging any meeting or otherwise with any other User.
10. OUR AFFILIATIONS AND LINKING
10.1. The Website and/or the App may provide links to and content from third party websites. Such third party websites are not our responsibility and accordingly we accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not endorse the views expressed therein.
10.2. Third party websites operate under their own terms and conditions, and you are advised to read such terms and conditions prior to making use of such third party websites. Further, where you access any third party website through a link on our Website and/or App, you acknowledge and agree to abide by the terms and conditions of such third party website.
11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
11.1. We do not verify and do not have any control in respect of any User Content. We do not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Content or any other information made available to you through your use of the Website, the App and/or Services. If you so intend to use and/or rely upon any User Content or any other information made available to you through your use of the Website, the App and/or Services, you do so at your own risk and liability.
11.2. Further, you acknowledge and agree that where the Website and/or the App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by us and to the maximum extent permitted by law, we exclude all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
11.3. We rely on third party providers to make the Services, the Website and the App available to you. You acknowledge and agree that we do not warrant that the Services, the Website or the App shall be uninterrupted or fault-free at all times.
11.4. If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms and such amount that we may pay to you for such loss or damage you suffer under or arising out of your Contract shall be limited in the aggregate to one hundred pounds (£100.00).
11.5. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
11.6. We only supply the Services for your own private use. You agree not to use the Services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.7. We do not exclude or limit in any way our liability for:
11.7.1. death or personal injury caused by our negligence;
11.7.2. fraud or fraudulent misrepresentation;
11.7.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
11.7.4. breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
11.8. Commentary and other materials posted on the Website and/or the App (including any User Contents) or provided by us are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User to the Website and/or the App, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by us (including through the Website and/or the App) shall remain solely with you.
11.9. In the event that you have a dispute with any other User of the Website and/or App, you hereby release us from any claims, demands and damages of any kind and nature, known and unknown, arising out of or in connection with such dispute.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. We and our licensors own all the intellectual property rights relating to the Website and the App, excluding the User Contents.
12.2. You are expressly prohibited from:
12.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website or the App, including without limitation, any information, articles, photographs, images or submissions made available to you through your use of the Website and the App; and
12.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us and/or our licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to us.
12.3. Provided that we are unaware of any infringement of any third party intellectual property rights at the time you submit any User Contents, we shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or us.
14.1. If you have reason to believe that any of the terms herein have been breached or you have a complaint to make, please e-mail us at: firstname.lastname@example.org or write to: WAMBIZ LTD, 12 Warwick Street, Coventry, England, CV5 6ET, United Kingdom. All notification and communication to us should be sent to the contact details provided herein.
15.1. If we fail at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
15.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
15.4. All notifications and communications to us should be sent to the contact details set out herein.
15.5. If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
15.6. These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Website and/or the App and the Services, and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
15.7. You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the App, the internet or in negotiation between you and us except as expressly set out in these Terms.
15.8. These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside of England, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.