End User License Agreement for wish me™
Wish Me Inc. grants all Users a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access the Application on personal devices. The Services and all rights shall remain property of Wish Me Inc. Neither these terms nor use of the Services convey or grant any rights to Wish Me. The use or reference in any manner to the Wish Me name, logos, products and Services are limited to the license granted. Wish Me Inc. reserves the right to revoke this license in the event a User breaches any part of this agreement.
Use of Wish Me Services may result in payments required from the User for Services received from Wish Me (the “Payment(s)”). Wish Me will facilitate the applicable Payment from the User to the Wish Me app. to other Users. Wish Me Inc. shall facilitate gift purchases for Users by Users and charge commission (transaction fees) for the same transaction based upon the value of the transaction. Payments made by Users to Wish Me app for gift card purchases are final and non-refundable, unless otherwise determined by Wish Me Inc. All Payments are due before a gift card can be issued to the User. Wish Me Inc. reserves the right to establish, remove or revise Payments for any or all aspects of the Services provided through Wish Me at any time.
Wish Me Inc. charges a transaction fee (the “Fee(s)”) to a user for buying gift cards through the Wish Me application.
Wish Me may use any information related to Users, events and gift cards bought and used for research, analysis, strategy and business development. All financial information is maintained by a third-party payment platform and Users agree to their terms. Please find their terms here: https://stripe.com/ca/legal However, other Users may access and share User content and information, consistent with User settings. By submitting suggestions or other feedback regarding Wish Me Inc., Users agree that Wish Me can use and share (but does not have to) such feedback for any purpose without compensation to Users. Users agree to only provide content or information that does not violate applicable law or otherwise violate any intellectual property rights, contractual rights or any other applicable rights. Wish Me Inc. reserves the right to suspend or cancel the account of any User that violates intellectual property rights. Decisions regarding the cancellation of accounts shall be at the sole discretion of Wish Me. Users explicitly consent to the collection, use, and disclosure of all information collected by Wish Me Inc. Wish Me should be used exclusively for hosting and attending events and buying gift cards for other users. Through the operation of Wish Me, Users shall generate and provide information relative to the use of the Application to Wish Me Inc. (“Derivative Information”). Title to all Derivative Information shall lie solely with Wish Me Inc. and Users explicitly consent to the collection, use and disclosure of the Derivative Information.
Wish Me Inc. (“Wish Me”), the owner of Wish Me, owns all title, rights and ownership in the intellectual property rights of all coding and programming in the underlying HTML, Java scripts, text, audio clips, video clips, photos and other material and Services available through the Wish Me Application and website. In the event that the there is content available on the website belonging to a third party, Wish Me has obtained the permission and/or license of the lawful owner (or licensor-agent, as the case may be) of the intellectual property to use and display the content on the Wish Me website. Wish Me as well as the associated logo are the trademarks of Wish Me Inc. The names of any companies, products and Services mentioned on Wish Me’s Application or website are the trademarks of their respective owners and are displayed on Wish Me’s Application or website with the owner(s) consent. The display of trademarks or trade names on Wish Me’s Application or website does not convey or create any license or other rights in these marks or names. Any unauthorized use of them is strictly prohibited.
Wish Me is an Application intended to enable Users to create events, attend events, set up wish-lists, send video and photo messages to Users and buy gift cards for each other. Users must use Wish Me for its intended purpose. Users are not entitled to use information obtained on the Application for any other use. Users agree to comply with all applicable laws, including privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements. Users are not allowed to post any unsolicited or unauthorized advertising including junk mail, spam, chain letters, pyramid schemes or any other form of solicitation unauthorized by Wish Me. Users must not post any software containing viruses, works, or harmful code. Users must not use the information content or data for a competitive service as determined by Wish Me. Wish Me Inc. reserves the right to suspend or cancel the account of any User that post posts unsolicited or unauthorized advertising or material. Decisions regarding the cancellation of accounts shall be at the sole discretion of Wish Me. Users must not imply or state that they are affiliated or endorsed by Wish Me without the consent of Wish Me Inc. Users must not attempt to override the security features of Wish Me. Users must not violate intellectual property rights or other rights of Wish Me including without limitation use of the word Wish Me or any Wish Me logos in any names, emails or urls. Breach of any of the provisions of this section may result in the immediate termination, with or without notice, of the User’s access to Wish Me. Decision to terminate access shall be in the unfettered discretion of Wish Me Inc.
To the fullest extent allowed under applicable law, Wish Me Inc. disclaims all representations and warranties, express, implied or statutory, or not expressly set out in these terms, including implied warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement. Wish Me Inc. makes no representation, warranty, and guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services. Wish Me Inc. does not guarantee that the Services will function without interruption or errors. Wish Me Inc. provides the Service (including content and information) on an “as is” and “as available” basis. Some laws do not allow certain disclaimers, accordingly some or all of these disclaimers may not apply to all Users but in any event the disclaimers shall apply to the fullest extent possible, taking into consideration application law.
Users agree that the risk arising out of the use of these Services remains solely with Users to the maximum extent permitted by applicable law. Wish Me Inc. shall not be liable to any Users for indirect, incidental, special, exemplary, punitive or consequential damages including lost profits, lost data, personal injury or property damage. Users agree to fully indemnify and hold Wish Me Inc. harmless from any and all claims arising out of use of these Services, including all fees for complaints and all costs associated with this indemnity.
Users agree to maintain security and the secrecy of account username and password at all times. Unless otherwise permitted, Users may only possess one account on Wish Me.
Wish Me Inc. has no responsibility or liability to any of its Users in relation to the Services provided by the Application. By using Wish Me Inc., Users acknowledge that they may be exposed to situations involving Users who are unreliable, offensive, or otherwise objectionable. Use of third party providers is at Users’ own risk and judgement. Wish Me Inc. shall have no liability arising from or in any way relating to the transactions made through the Application. Wish Me reserves the right to terminate any User in its unfettered discretion. If the User uses the application inappropriately or otherwise violates the strict terms of this agreement, Wish Me Inc. reserves the right to remove the user from the Wish Me network. Decisions regarding the cancellation of accounts shall be at the sole discretion of Wish Me.
Wish Me Inc. does not guarantee the confidentiality of any communication made through the Application or its website. In matters where Users connect with each other, the Users must take additional steps to secure confidentiality of information. Wish Me Inc. is not responsible for the exchange of confidential information and will not facilitate the exchange of confidential information. Users must not disclose information that they have no right to disclose and should not transmit confidential or privileged information through the Wish Me application.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in any other jurisdictions of that or any other provision of this Agreement shall not be affected. Wish Me can terminate this agreement with or without notice. Termination of agreement renders Users usage void.
The waiver by either Party of a breach of any provision contained in this Agreement shall be in writing and in no way, shall be construed as a waiver of any subsequent breach of any such provision or the waiver of the provision itself. If Wish Me does not act to enforce a breach of this Agreement, that does not mean that Wish Me has waived its right to enforce this Agreement.
All Users affirmatively acknowledge that Wish Me is a location-based Application and by using the Application all Users consent to broadcasting their location to other Users. The location-based nature of the App is central to its utility. Failing to consent to this means Users cannot use the Application. Use of the Application means Users will not make any privacy-based claims against Wish Me or Wish Me Inc. for using Wish Me.
This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario, Canada and the courts of such Province shall have exclusive jurisdiction to ascertain any action in connection with this Agreement.
Wish Me reserves the right to amend or terminate these terms or cease offering access at any time for any reason. Continued access or use of Wish Me Services constitutes consent to be bound by these terms and any amendments to them. The terms of this Agreement expressly supersede any prior agreements or arrangements.
Neither Party hereto shall be liable for any failure to perform its obligations under this Agreement (other than the obligations regarding payment of Fees and confidentiality) if such failure is caused by acts of God, earthquake, war, attack, strikes, or other causes that are beyond the reasonable control of such party. Any obligations hereunder, however, shall in no event be excused but shall be suspended only until the cessation of any cause of such failure. The Party facing an event of force majeure shall use reasonable efforts to minimize its effects and shall promptly notify the applicable Party of any such case of force majeure.
Unless otherwise noted, all reference to Payments, Fees or other dollar amounts contemplated in this Agreement shall be paid and calculated in the currency where the users are located. US users shall pay in USD. Canadian Users shall pay in CAD.
Any reference to calculating time periods in this Agreement shall mean business days, which includes every day except Saturdays, Sundays and statutory holidays in the Province of Ontario (“Business Day”).
To contact Wish Me
By Email (General Enquiries): firstname.lastname@example.org
Copyright © Wish Me Inc. 2017
Wish Me shall only collect Personal Information that you have provided to us voluntarily and, typically, in connection with your use of the Wish Me application and our website.
Wish Me only collects the Personal Information limited to accomplish the purposes for which the Personal Information was collected. Such Personal Information is also collected in order to perform administrative functions, such as resetting passwords, accessing account details by the Wish Me team or to comply with regulatory obligations concerning the conduct of business.
Wish Me takes very seriously its obligations to safeguard all data, regardless of its form, the medium on which it is stored or its use in our business. In all instances we endeavour to adhere to the highest available standards, taking steps to internalize the security of data and/or only dealing with trusted third party service providers. If we obtain your Personal Information, it is stored in our office, on computers or trusted servers of entities that are affiliated with Wish Me that operate secure data networks protected by firewalls and password protected systems.
Wish Me will only keep your Personal Information for as long as we have your consent. Archived copies of data, including your Personal Information, shall only be kept in compliance with applicable law and relevant regulatory authority.
At any time, you can contact Wish Me and ask about the management of your Personal Information. Wish Me cooperates with all requests and ensures that such cooperation is done on a reasonable and expedited basis.
The categories of Personal Information that Wish Me may collect about you include your name, email address, information related to all your events such as type of event, time and location of event, guest lists, use of video by event creator and guests to send invitations and greetings, use of wish-lists and mobile wallet. We shall also collect information on gift card purchases, gift card redemption, gift card balances.
To contact Wish Me
By Email (General Enquiries): email@example.com
Copyright © Wish Me Inc. 2017