1. Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Content means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and Service.
Wapi brand name for Mywapi LTD, we thoroughly use Wapi on the app as brand name.
"We/Us/Our" means Mywapi LTd, a company registered in England under 11389427, whose registered address is 40 Bloomsbury Way, Lower Ground Floor, London, WC1A 2SE.
2. Information About Us
2.1. Our Site, www.mywapi.co.uk, is [owned and] operated by Mywapi LTD a limited company registered in England, whose registered address is Mywapi LTD, 40 Bloomsbury Way, Lower Ground Floor, London, WC1A 2SE.
3. Access to Our Site
3.1. Access to Our Site is free of charge.
3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4. You must be at least 18 years old to use the Site and the App and being an authorised user of an organisation who has subscription agreement with Mywapi.
4. Rights for using the app
4.2. Not to reproduce copy, distribute, sell, rent, sub-licence, store, or in any other manner modify the app.
4.3. Our status as the owner of the Site and Service (or that of identified licensors, as appropriate) must always be acknowledged.
4.4. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
5. User conduct to Our Site and service
5.1. You are responsible for all the activity on your account. We prohibit certain kinds of conduct that may be harmful to other users or Mywapi. Such as:
5.1.1. promotes violence;
5.1.2. Fraud- do not post information that is false or otherwise misleading.
5.1.3. Recruit any user to join third party services or websites that are in competition with Mywapi.
5.1.4. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
5.1.5. You must not use the App in a way that could damage our reputation, disable, impair or compromise our systems or security
5.1.6. You do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.
5.2. Framing or embedding of Our Site on other websites is not permitted without our express written permission. Please contact Us at [email protected] for further information.
5.3. You may not link to Our Site from any other site the main content of which contains material that:
5.3.1. sexually explicit
5.3.2. obscene, deliberately offensive, hateful or otherwise inflammatory;
5.3.3. promotes or assists in any form of unlawful activity;
5.3.4. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
5.3.5. intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.3.6. calculated or otherwise likely to deceive another person;
5.3.7. intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
5.3.8. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
5.3.9. implies any form of affiliation with Us where none exists;
5.3.10. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
5.3.11. made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6. Payment and Subscription
6.1. A free 30 days trial period is included, after which you will be required to upgrade to paid account and provide accurate credit card information. It is your responsibility to update any changes to your payment information; you can do so by contacting [email protected].
6.2. You may cancel your paid subscription at any time with a one-month notice and Mywapi will cease invoicing you. All amount paid are non-refundable and during the term of the agreement, Mywapi is entitled to increase the prices for its service accordingly, the change of price will be notified to you via email and posted on Our site.
6.3. You shall be responsible to pay Mywapi in accordance with the terms set in your agreement and this term of use and authorized Mywapi or it third-party payment processors to bill you accordingly.
7.1. Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action.
7.2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
7.3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
8. Dispute Resolution
8.1. In the case of dispute, you agree to try solving the dispute informally before filing a legal claim against Mywapi. We’ll try resolve any dispute informally by communicate to one another, however, if a dispute cannot be resolved this way, a formal legal claim may be needed.
9. Our Liability
9.1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
9.2. To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site. You agree that you will be solely responsible for any damage arising from material or information download or otherwise obtained through the use Our Site or Service.
9.3. We exercise all reasonable skill and care to ensure that Our Site and service are free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site or Service (including the downloading of any Content from it) or any other site referred to on Our Site.
9.4. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site or Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.5. Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
10. SMS Text Messages and Email
10.1 We use text messaging and email as part of our service to invite users to download the App with an activation code in order to join Mywapi. Users will have an option to opt-out of receiving SMS text messages from Mywapi by reply to messages with a word STOP or contact us at [email protected]. You should be aware that standard text message rates apply in accordance with your mobile service provider.
11. Viruses, Malware and Security
11.1. We exercise all reasonable skill and care to ensure that Our Site and Service are secure and free from viruses and other malware.
11.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3. You must not deliberately introduce viruses or other malware, or any other material that is malicious or technologically harmful either to or via Our Site or Service.
11.4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
11.5. You must not attack Our Site or Service by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6. By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site or Service will cease immediately in the event of such a breach.
12. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
13. Acceptable Usage Policy
13.1. You may only use Our Site in a manner that is lawful. Specifically:
13.1.1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
13.1.2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
13.1.3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
13.1.4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
13.2. We reserve the right to suspend or terminate your access to Our Site or Service if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, we may take one or more of the following actions:
13.2.1. suspend, whether temporarily or permanently, your right to access Our Site or Service;
13.2.2. issue you with a written warning;
13.2.3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
13.2.4. take further legal action against you as appropriate;
13.2.5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
13.2.6. any other actions which we deem reasonably appropriate (and lawful).
13.3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.
14.1. For maintenance purpose, Mywapi may temporary suspend the operation of the service or limited the use it. If this is considers necessary or an emergency requires the service to be suspended straight away, Mywapi will inform you as soon as possible.
14.2. You agree that Mywapi does not guarantee that the service and/or the software to be provided will operate free of error or interruption. We cannot guarantee that should an error occurred, it will be revolved. However, we will attempt to correct any errors as soon as possible.
15. Privacy and Cookies
15.1 Use of Our Site is also governed by Our Cookie and Privacy Policies, available from Our Site and these policies are incorporated into these Terms and Conditions by this reference.
16. Changes to these Terms and Conditions
16.1. We may alter these Terms and Conditions at any time. If we do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
16.2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
17. Contacting Us
To contact Us, please email Us at [email protected] or using any of the methods provided on our contact page.
18. Communications from Us
18.2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by us include an unsubscribe link.
18.3. For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us at [email protected].
19. Data Protection
19.1. All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
20. Termination and Duration
20.1. The agreement is entered on monthly basis, whereby customers make monthly payment to Mywapi for the use of it service. You are responsible to ensure that the agreed amount fees are paid on time or inform Mywapi of any foreseeable delay in payment that could affect your use of the service.
20.3. A 2 months notification period in writing is required from either parties if the other party wishes to dissolve the agreement in full or in part and Mywapi will be entitled to block your access to the service after the 2 months notification.
21. Law and Jurisdiction
21.1. These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
21.2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
21.3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, as determined by your residency.
21.4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England & Wales