The following terms and conditions govern all use of the Wherewechat website and all contents, services and products available through the website, including, but not limited to, the Wherewechat Marketplace, Client Area, Wherewechat Community, all Wherewechat pages (collectively referred to as the Website).
The Website is owned and operated by WHEREWECHAT ONLINE SERVICES LIMITED (“WHEREWECHAT - WWC”).
The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Wherewechat Privacy Policy) and procedures that may be published from time to time on this Site by WHEREWECHAT ONLINE SERVICES LIMITED (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using this Website. By accessing or using any part of this web site, you agree to become bound by the terms and conditions of this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access this Website or use any of the services offered by WHEREWECHAT ONLINE SERVICES LIMITED.
These terms and conditions are considered an offer by WHEREWECHAT ONLINE SERVICES LIMITED, acceptance is expressly limited to these terms.
This Website is available only to individuals who are at least 18 years old.
Account of Website:
You are responsible for maintaining the security of your account of Website, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with the account.
You must immediately notify WHEREWECHAT ONLINE SERVICES LIMITED of any unauthorized uses of your account or any other breaches of security.
WHEREWECHAT ONLINE SERVICES LIMITED will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
1. Our Services
Our mission is to give people the power to build community, businesses and bring the world closer together. To help advance this mission, we provide the Products and services described below to you:i, Provide a personalized experience for you;
Your experience on Wherewechat is unlike anyone else's: from the posts, stories, events, ads, marketplace and other contents you see in News Feed or our video platform to the Pages you follow and other features you might use, such as Trending, Marketplace, and search.We use the data we have - for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products - to personalize your experience.
ii, Connect you with people and organizations you care about:
We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the WHEREWECHAT ONLINE SERVICES LIMITED Products you use.We use the data we have to make suggestions for you and others - for example, groups to join, events to attend, Pages to follow or send a message to, shows to watch, and people you may want to become friends with.
Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about.
iii, Empower you to express yourself and communicate about what matters to you:
There are many ways to express yourself on Wherewechat and to communicate with friends, family, and others about what matters to you - for example, sharing status updates, photos, videos, jobs, property listings, musics, marketplace products, E-Learning and stories across the WHEREWECHAT ONLINE SERVICES LIMITED Products you use, sending messages to a friend or several people, creating events or groups, or adding contents to your profile.We also have developed, and continue to explore, new ways for people to use technology, such as augmented reality and 360 video to create and share more expressive and engaging contents on Wherewechat.
iv, Help you discover contents, products, and services that may interest you:
We show you ads, offers, and other sponsored contents to help you discover contents, products, and services that are offered by the many businesses and organizations that uses WHEREWECHAT ONLINE SERVICES LIMITED Products.Our partners pay us to show their contents to you, and we design our services so that the sponsored contents you see is as relevant and useful to you as everything else you see on our Products.
v, Combat harmful conduct, protect and support our community:
People will only build community on Wherewechat if they feel safe.We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community.
If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement.
We share data with other bod's when we detect misuse or harmful conduct by someone using one of our Products.
vi, Use and develop advanced technologies to provide safe and functional services for everyone:
We use and develop advanced technologies - such as artificial intelligence, machine learning systems, and augmented reality - so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on Wherewechat.We also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access.
And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.
vii, Research ways to make our services better:
We engage in research and collaborate with others to improve our Products. One way we do this is by analyzing the data we have and understanding how people use our Products. viii, Provide consistent and seamless experiences across the WHEREWECHAT ONLINE SERVICES LIMITED Products:
Our Products help you find and connect with people, groups, businesses, organizations, schools and others that are important to you.We design our systems so that your experience is consistent and seamless across the different WHEREWECHAT ONLINE SERVICES LIMITED Products that you use. For example, we use data about the people you engage with on Wherewechat to make it easier for you to connect with them on Wherewechat, and we enable you to communicate with a business and school you follow on Wherewechat through our mobile apps and deskstop messenger.
ix, Enable global access to our services:
To operate our global services, we need to store and distribute contents and datas in our data centers and systems around the world, including outside your country of residence.This infrastructure may be operated or controlled by WHEREWECHAT ONLINE SERVICES LIMITED, or its affiliates.
2. Our Data Policy and Your Privacy Choices
To provide these services, we must collect and use your personal data. We detail our practices in the Data Policy (privacy policy), which you must agree to in order to use our Products.3. Your Commitments to Wherewechat and Our Community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
Who can use Wherewechat
When people stand behind their opinions and actions, our community is safer and more accountable. For that reason, you must:
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Use the same name that you use in everyday life.
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Provide accurate information about yourself.
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Create only one account (your own) and use your timeline for personal purposes.
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Not share your password, give access to your Wherewechat account to others, or transfer your account to anyone else (without our permission).
We try to make Wherewechat broadly available to everyone, but you cannot use Wherewechat if:
You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
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You are under 18 years old (or the minimum legal age in your country to use our Products).
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You are a convicted sex offender.
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We previously disabled your account for violations of our terms or policies.
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You are prohibited from receiving our products, services, or software under applicable laws.
- You must and cannot (you're prohibited from using and doing any illegal activities or business on or with any WHEREWECHAT ONLINE SERVICES LIMITED PRODUCTS) use any of our products for gambling or any fraudulent purposes.
- You must not share or promote (make money with or from) contents, products, documents and videos which you are not the copyright owner or authorized to use or sale.
- Wherewechat is not a pornographic community, you are forbidden from posting pornographic videos and pictures on Wherewechat.
- You must not sale any fake item or dupe anyone on Wherewechat.
What you can share and do on Wherewechat:
We want people to use Wherewechat to express themselves, sale, enhance their knowledge and promote their goods and services, and to share contents that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community.You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- You may not use our Products to do or share anything:
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That violates these Terms, our Community Standards, and other terms and policies that apply to your use of Wherewechat.
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That is unlawful, misleading, discriminatory or fraudulent.
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That infringes or violates someone else's rights.
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- You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
- You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
We can remove contents you share in violation of these provisions and, if applicable, we may take action against your account, for the reasons described below (in this terms and condition). We may also disable your account if you repeatedly infringe other people's intellectual property rights.
To help support our community, we encourage you to report contents or conducts that you believe violates your rights (including intellectual property rights) or our terms and policies.
The permissions you give us
We need certain permissions from you to provide our services:
- Permission to use contents you create and share; You own the contents you create and share on Wherewechat Products you use, and nothing in these Terms takes away the rights you have to your own contents. You are free to share your contents with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that and those your contents.
Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy choice and setting and application settings). This means, for example, that if you share a photo on Wherewechat, you give us permission to store, copy, and share it with others (again, consistent with your ACCOUNT SETTINGS ) such as service providers that support our services or other WHEREWECHAT ONLINE SERVICES LIMITED Products you use.You can end this license any time by deleting your contents or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.
- Permission to use your name, profile picture, and information about your actions with ads and sponsored contents: You give us permission to use your name and profile picture and information about actions you have taken on Wherewechat next to or in connection with ads, offers, and other sponsored contents that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on Wherewechat. Ads like this can be seen only by people who have your permission to see the actions you've taken on Wherewechat.
- Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.
Contribution to Website
If you leave comments anywhere on this Website, post material to the Website, post links on the Website, post products, services or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from that or those Contents you post. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to WHEREWECHAT ONLINE SERVICES LIMITED for inclusion on our Website, you grant WHEREWECHAT ONLINE SERVICES LIMITED a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, WHEREWECHAT ONLINE SERVICES LIMITED has the right (though not the obligation) to, in WHEREWECHAT ONLINE SERVICES LIMITED sole discretion;
(i) refuse or remove any content that, in WHEREWECHAT ONLINE SERVICES LIMITED reasonable opinion, violates any policy or is in any way harmful or objectionable, or;
(ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in WHEREWECHAT ONLINE SERVICES LIMITED sole discretion. WHEREWECHAT ONLINE SERVICES LIMITED will have no obligation to provide a refund of any amounts previously paid under these circumstances.
Payment
The Website offers numerous products and services for sale. The Website does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process.
Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.
Newsletter
If you choose to request a download link for the free trial version of Wherewechat, purchase any Wherewechat subscription package or products on Wherewechat, we will add your email address to the Wherewechat Newsletter (as noted on the free trial request page).
Our newsletter is designed to keep you up to date with Wherewechat-related developments, updates, releases, and other relevant items.
You can instantly unsubscribe from this mailing list at any time you like by clicking the unsubscribe link provided in the newsletter email messages. You may also join the newsletter from our website, blog or apps.
Responsibility of Website Visitors
By accessing, operating and using this Website: WHEREWECHAT ONLINE SERVICES LIMITED does not represent or imply that it endorses any or all of the contributed contents, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
This Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
WHEREWECHAT ONLINE SERVICES LIMITED disclaims any responsibility (not responsible) for any harm or claim resulting from the use by visitors of this Website.
Copyright Infringement and DMCA Policy:
As WHEREWECHAT ONLINE SERVICES LIMITED asks others to respect its intellectual property rights, it respects the intellectual property rights of others too. If you believe that material located on or linked to by wherewechat.com violates your copyright, you are encouraged to notify WHEREWECHAT ONLINE SERVICES LIMITED in accordance with common DMCA policies.
WHEREWECHAT ONLINE SERVICES LIMITED will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of WHEREWECHAT ONLINE SERVICES LIMITED or others, WHEREWECHAT ONLINE SERVICES LIMITED may, in its discretion, terminate or deny access to and use of the Website.
In the case of such termination, WHEREWECHAT ONLINE SERVICES LIMITED will have no obligation to provide a refund of any amounts previously paid to WHEREWECHAT ONLINE SERVICES LIMITED.
Intellectual Property
This Agreement does not transfer from WHEREWECHAT ONLINE SERVICES LIMITED to you any WHEREWECHAT ONLINE SERVICES LIMITED or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with WHEREWECHAT ONLINE SERVICES LIMITED.
WHEREWECHAT ONLINE SERVICES LIMITED, wherewechat.com, myimhost.com, WHEREWECHAT MESSENGER (WWMESSENGER), logo, and all other trademarks, service marks, graphics and logos used in connection with WHEREWECHAT, WHEREWECHAT MESSENGER (WWMESSENGER), or the Website are trademarks or registered trademarks of WHEREWECHAT ONLINE SERVICES LIMITED or WHEREWECHAT ONLINE SERVICES LIMITED licensors.
Other trademarks, service marks, graphics and logos used in connection with this Website may be the trademarks of other third parties. Your use of this Website grants you no right or license to reproduce or otherwise use any WHEREWECHAT ONLINE SERVICES LIMITED or third-party trademarks.
Changes
WHEREWECHAT ONLINE SERVICES LIMITED reserves the right, at its sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for changes.
Your continued use of or access to this Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
WHEREWECHAT ONLINE SERVICES LIMITED may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources).
Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
WHEREWECHAT ONLINE SERVICES LIMITED may terminate your access to all or any part of this Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account of Website (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have an account, such account can only be terminated by WHEREWECHAT ONLINE SERVICES LIMITED if you materially breach this Agreement and fail to cure such breach within thirty (30) days from WHEREWECHAT ONLINE SERVICES LIMITED notice to you thereof; provided that, WHEREWECHAT ONLINE SERVICES LIMITED can terminate this Website immediately as part of a general shut down of our service.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
This Website is provided "as is". WHEREWECHAT ONLINE SERVICES LIMITED and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither WHEREWECHAT ONLINE SERVICES LIMITED nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services through, this Website at your own discretion and risk.
Limitation of Liability
In no event will WHEREWECHAT ONLINE SERVICES LIMITED, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WHEREWECHAT ONLINE SERVICES LIMITED under this agreement during the twelve (12) month period prior to the cause of action. WHEREWECHAT ONLINE SERVICES LIMITED shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
1. Updating our Terms:
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
2. Account suspension or termination:
We want Wherewechat to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
Where appropriate, we will notify you about your account the next time you try to access it. If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5
3. Limits on liability:
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conducts (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable contents).
We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the WHEREWECHAT ONLINE SERVICES LIMITED Products, even if we have been advised of the possibility of such damages.
General Representation and Warranty.
You represent and warrant that (i) your use of this Website will be in strict accordance with the Wherewechat Privacy Policy , with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Nigeria or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless WHEREWECHAT ONLINE SERVICES LIMITED, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this Website, including but not limited to your violation of this Agreement.
Other:
- These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and WHEREWECHAT ONLINE SERVICES LIMITED regarding your use of our Products. They supersede any prior agreements.
- Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines below. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
Music Guidelines
These supplemental terms apply if you post or share any videos or other content containing music on any WHEREWECHAT ONLINE SERVICES LIMITED Products.
You are responsible for the content you post:
People use our Products to share content with their family and friends. Keep in mind you remain solely responsible for the content that you post, including any music that features in that content.
People use our Products to share content with their family and friends. Keep in mind you remain solely responsible for the content that you post, including any music that features in that content.
Nothing in these terms constitutes any authorization by us with respect to any use of music on any of our Products.
Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses.
Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses.
You may not use videos on our Products to create a music listening experience
We want you to be able to enjoy videos posted by family and friends. However, if you use videos on our Products to create a music listening experience for yourself or for others, your videos will be blocked and your page, profile or group may be deleted. This includes Live.Unauthorized content/contents may be removed
If you post content that contains music owned by someone else, your content may be blocked, or may be reviewed by the applicable rights owner and removed if your use of that music is not properly authorized.
If you post content that contains music owned by someone else, your content may be blocked, or may be reviewed by the applicable rights owner and removed if your use of that music is not properly authorized.
You may not be able to post or access videos containing music in every country of the world
We want you to be able to share videos with your family and friends wherever they are, but any music in your video, if it is allowed at all, may not be available in all countries of the world.
We want you to be able to share videos with your family and friends wherever they are, but any music in your video, if it is allowed at all, may not be available in all countries of the world.
- If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
- These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
- We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
- We reserve all rights not expressly granted to you.
Miscellaneous:
This Agreement constitutes the entire agreement between WHEREWECHAT ONLINE SERVICES LIMITED and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WHEREWECHAT ONLINE SERVICES LIMITED, or by the posting by WHEREWECHAT ONLINE SERVICES LIMITED of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website and apps will be governed by the laws of the Federal Repubic Of Nigeria., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.
The arbitrator shall be a person who is legally trained and who has experience in the Information Technology (Information Computer Technology - ICT) field in Nigeria and is independent of either party. Notwithstanding the foregoing, this Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
The arbitrator shall be a person who is legally trained and who has experience in the Information Technology (Information Computer Technology - ICT) field in Nigeria and is independent of either party. Notwithstanding the foregoing, this Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by this terms and conditions; WHEREWECHAT ONLINE SERVICES LIMITED may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
TERMS AND CONDITIONS OF SALES
General:
You confirm that you are at least 18 years of age or are accessing this Site under the supervision of a parent or legal guardian.
You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase.
These Terms and Conditions of Sales fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.
These Terms and Conditions of Sales fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.
Formation of Contract:
Both parties agree that browsing this website, apps and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product. Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product. Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
Acceptance of Electronic Documents:
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Payment and Pricing:
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products depending on your agreement with the seller and the means used to remunerate the seller.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products depending on your agreement with the seller and the means used to remunerate the seller.
Refund and Return Policy:
We allow people and organisations to sell their goods and services on our marketplace and give them the privilege to display their own store policies.
So, we strongly advice you to always read and go through the policy of any store you want to patronize before placing your order and contact the seller if you have any question pertaining his or her store on Wherewechat.
If you purchased the seller product with your Wherewechat credit (wallet), we will refund your credit/money back to your Wherewechat account wallet depending on your agreement with the seller (store owner), which means that we can't offer you refund nor accept your refund request if the seller policy said "refund or return not accepted".
But if you believe that the seller has duped you, plese report the seller to us and we will investigate and warn, block, ban, or delete the seller account and store on Wherewechat forthwith.
We strongly advice you not to transfer any money to any seller personal bank account without receiving the item/items which you ordered for on the seller store on Wherewechat.
If you buy anything on Wherewechat with your Wherewechat account credit (wallet), we will pay (transfer the credit to the seller) the seller only when we confirm that you have received the item or items which you ordered and if after 7days we don't or can't reach you thru the means of communication provided by you such as email, sms and phone call, or hear from you; we will then believe and conclude that you have received the item you paid for and then imperatively go ahead to remunerate the seller.
We have the right to deduct, debit or credit your Wherewechat account wallet. We can't and won't offer you money refund if what you paid for or ordered was, were or have been delivered to you in good condition, in good state, in good shape and in good fate.
Use of Voucher Codes:
Our Site accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our Site entitle you at the time of ordering a product to a saving on the order being placed on our Site. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be purchased on the Site.
Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.
Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.
Liability of Parties on the Wherewechat Marketplace:
We also operate a marketplace which is open for third-parties to sell their products on our website. None of the products listed on the Wherewechat Marketplace are owned or sold by us, neither are we involved in the actual sale transaction between the buyers and sellers on the Wherewechat Marketplace.
The buyer and seller agree that we ( WHEREWECHAT ONLINE SERVICES LIMITED) would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on the Wherewechat Marketplace.
The buyer and seller agree that we ( WHEREWECHAT ONLINE SERVICES LIMITED) would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on the Wherewechat Marketplace.
Delivery:
WHEREWECHAT ONLINE SERVICES LIMITED is not in charge of delivering the products being sold on Wherewechat.com Marketplace by third parties.
All sellers on Wherewechat are solely responsible for the delivery of their products.
Sellers on Wherewechat make every effort to deliver goods within the estimated timescales set out on their seller stores; however delays are occasionally inevitable due to unforeseen factors.
WHEREWECHAT ONLINE SERVICES LIMITED shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.
You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
Indemnity:
Seller and Buyer (both) agree to indemnify WHEREWECHAT ONLINE SERVICES LIMITED and its affiliates, officers, directors, agents and/or employees, as the case may be; free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.
Applicable Law and Jurisdiction:
These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.
Arbitration:
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Sale will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.
The arbitrator shall be a person who is legally trained and who has experience in the 'information technology' field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
The arbitrator shall be a person who is legally trained and who has experience in the 'information technology' field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Severability:
If any portion of these Terms or Conditions of Sale is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Sale and shall not affect the validity or enforceability of any other section listed in this document.
Miscellaneous Provisions:
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.
Notice of Copyright Infringement:
If you have any complaints with respect to the infringement of your copyright, kindly write to the following address: WHEREWECHAT ONLINE SERVICES LIMITED, 37, Isolo road - Egbe Ikotun, Lagos, Nigeria.
Who? Where?
Where you believe that your intellectual property has been infringed upon on our website, please notify us by email it to (insert physical address and email address for copyright complaints), fill our contact us form. We expeditiously respond to all concerns regarding copyright infringements.
We request that you provide the following information along with your complaint:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint.
- A proper description of the copyrighted work claimed to have been infringed.
- A description of the location of the infringing material on our Website.
- The address, telephone number or e-mail address of the complaining party.
- A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or by law.
- A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying WHEREWECHAT ONLINE SERVICES LIMITED that your copyrighted material has been infringed.