Effective date: February 22, 2021
Whiz Technologies Limited (the "Company"), with its registered office at 2ND FLOOR, PALMERSTON HOUSE, FENIAN STREET, DUBLIN 2, provides Whiz, a social network that allows social interaction between its users, specifically through the exchange of instant messages, the sharing of content (photographs, videos, texts, audio and other), but which also acts as an aggregator of different digital platforms and IT providers, allowing users to access them through a single digital platform (the "Service").
"User" shall be understood as the user who accepts these terms and conditions and who accesses the Service. In no case will the use of the Service or the availability of any personal data be permitted by children under the age of 13 (thirteen) years old. If the User is between 13 (thirteen) and 18 (eighteen) years old – or, in relation to the latter, the legal age applicable in their jurisdiction for attaining adulthood – the person responsible for exercising their parental guardianship will have to authorise their use of the Service before any access to it. The Company reserves the right, at any time, to verify by any means legally admissible the authenticity of the parental consent. The Company can, at any time and unilaterally, refuse, suspend or cancel access to the Service when, at its sole discretion, it considers that the parental consent is not authentic.
If the User acts in the name and on behalf of an organization, he/she declares and assures that he/she has sufficient powers to represent that Company in subscribing to these terms and conditions. The Company reserves the right to, at any time, and by any means, verify the legitimacy of the User's actions in the name and on behalf of this organization.
These Terms and Conditions ("Terms") constitute a binding contract ("Contract") between you and the Company (as defined below), governing your access to the Service. The Service is accessible through the site www.whizapp.co ("Site") or by downloading our whiz application ("Application") available via the App Store or Google Play store for smartphones, tablets or any other smart devices compatible with it. Access via the website or the application will be together referred to as the "Platform" and both are governed by these terms and conditions, unless explicitly indicated otherwise in these Terms.
The Terms are complemented by the following policies:
- Privacy and personal data security policy and notification;
BY ACCEPTING THE TERMS, THE USER ACKNOWLEDGES AND DECLARES THAT HE/SHE HAS READ, UNDERSTOOD AND AGREES WITH THEM WITHOUT RESERVATION, ACKNOWLEDGING THAT HE/SHE IS SUBJECT TO ITS FULL COMPLIANCE IN THE USE OF THE SERVICE. IF THE USER DOES NOT ACCEPT PART OR ALL OF THE TERMS, HE/SHR WILL NOT BE ABLE TO ACCESS THE PLATFORM NOR USE THE SERVICE.
The Company reserves the right, at any time, and at its sole decision, to change the Terms. Any alteration will be communicated in advance to the User, and the latter should accept it in order to be able to continue to use the Service. If you do not accept the alterations, the Company will suspend your access to the Service. All accounts that are suspended for periods of over 12 (twelve) months will be erased.
The Terms may be translated into different languages. In the event of any divergence of interpretation of the Terms as a result of their translation, the English language will prevail, in the terms permitted by the applicable law.
- Scope of the Service
- The Platform acts as a social network that allows interaction between its users through instant messages, sharing of content, comments and other. The Platform also acts as an intermediary between its users and business partners, generally IT providers of different types of services (food, transportation, domestic care, deliveries, etc.).
- In the capacity of provider of the Platform, and in its exclusive capacity of intermediary, the Company does not have, create, sell, resell, provide, control, manage, offer or, by any other means, provide to the User any products or services besides the Service. Consequently, the Company is not, and never will be, responsible for any business, transaction or agreement of any kind that is concluded between the User and a business partner. Whenever the User clicks on the image of the business partner, he/she will be immediately redirected to their page, and, from this point, the business partner’s terms and conditions are exclusively applicable and not these Terms. So that there may be no doubt, the Company will not assume any liability, jointly or severally, regardless of fault, for any action or omission of the business partner in the transaction or agreement concluded by the latter with the User.
- When the User sends, uploads, forwards, publishes or, by any other means, transmits data, information, photographs, videos, text, audio or other media ("Content"), he/she agrees that: (i) he/she will remain solely responsible for the Content published on the Platform; (ii) the Content will not be sold by the Company nor promoted in any way, unless expressly agreed upon in advance by the Company; (iii) the Content does not infringe rights of third parties of any type and in any jurisdiction; (iv) he/she is granting the Company a perpetual, non-exclusive, irrevocable, transferable, worldwide licence for the use of their Content, for the purpose of promoting, developing and trying to improve the services provided by the Platform; (v) the Content is made available free of charge, and no compensation is due to the User for its use by the Platform; (vi) the Company can disclose the Content to third parties with the sole purpose of managing, promoting and/or developing the Platform; (vii) the Company can disclose the User’s identification with the sole purpose of identifying the origin of the Content.
- The Platform or the Service may not be used for any illegal, unlawful or immoral purpose or objective, or for any other purpose unforeseen in these Terms. The User is prohibited in particular, without limitation, to use the Service in order to (i) infringe the rights of third parties, including privacy rights or intellectual property rights; (ii) publish any type of content that is obscene, abusive, frightening, defamatory, violent, illegal, discriminatory, racist, sexist, blackmailing or that encourages unlawful behaviour or feelings of hatred or loathing (as determined, at any time, at the sole discretion of the Company); (iii) publish content of any type that is not in accordance with other policies and instructions of the Company; (iv) introduce a virus or other malware that could affect the Platform or the Service that it provides; or (v) recruit or advertise in any form in order to pursue self-interest (or in representation) to disclose products or services, or for recruitment of third parties.
- If the Service allows the User to share his/her opinion or assessment of a given partner or service provided by them, the User declares and guarantees that all their opinions and evaluations are genuine and true, and that they always represent their personal experience. Furthermore, he/she declares that in no event will they receive payment or any other type of incentive or benefit from the partners or third parties to disclose their opinion or assessment.
- We reserve the right to block, suspend or remove any Content that the Company considers, at any time and at its sole discretion, does not respect these Terms or which in any way infringes (or can infringe) rights of third parties or applicable legal provisions.
- At no time does the Company guarantee a content back-up service, and the User cannot claim any right or liability from the Company in this respect. The Company can, at its sole discretion, temporarily or permanently delete any Content.
- Access to the Service
- To access the service, the User may act:
- As a guest User: browsing will be allowed on the Platform, and also selecting and being redirected to the website of any partner;
- As a registered User: browsing will be allowed on the Platform, selecting and being redirected to the website of any partner, accessing restricted areas, publishing publications, comments and interacting with the publications and comments of other users or of the Company itself.
- In the case of a registered user, the user will have to provide personal information, namely a mobile phone number, a valid e-mail address, name and surname and date of birth. The User declares that the information provided is real, legitimate and legal, and recognises that he/she will be solely liable for any false or incorrect information provided, and also for their unlawful use of third parties' personal information.
- Each registration is personal and non-transferable, notwithstanding the provisions in these Terms.
- The User also guarantees that he/she will keep all the information related with its registration correct and updated at all times. The User is also responsible for creating and keeping its access confidential and inaccessible to third parties. If he/she suspects that their login identity could have been compromised, he/she should contact the Company through the contacts listed at the end of the Terms.
- The User registration in no way represents its ownership by the User. To the maximum extent permitted by law, all the rights relating to the registration and accesses permitted by this registration belong exclusively to the Company.
- Access to the service requires an internet connection. The Service is not available offline. In this regard, bear in mind that user tariffs may apply according to your mobile network operator (mobile data).
- The Application may be periodically subject to updates. To avoid excessive consumption, we suggest that you program your smartphone, tablet or any other smart device compatible with the application to only permit the installation of updates when connected to Wi-Fi networks or to fixed connections. The Company is not, however, obliged to provide any updates or corrections to the Platform.
- Access to the Platform may require the use of up-to-date browsers and operating systems. The Company assumes no liability for the inability to update your browser or operating system, namely, but not limited to, when your smartphone, tablet or any other compatible smart device ceases to be compatible with the latest updates of the browsers or operating systems.
- Please bear in mind that, for legal or operational reasons, some functionalities of the Service may not be available in all the countries where the Platform is available. For further information on the availability of the Service, contact us through [email protected].
- To access the service, the User may act:
- Advertising content
- The Platform will include advertisements, promotional and advertising materials of the Company itself and of third parties. In the terms legally required, all promotional and advertising material will be expressly identified with the word Advertising".
- The Company may also, with your consent, send you targeted advertising, through the sending of email, SMS or push notifications. The Company may also, through the collection of cookies of the Company or of third parties or of the information that the User provides it or to third parties, send to the User segmented advertising tailored to his/her tastes, searches, publications, age group, among other relevant and non-discriminatory criteria. For further information on the way in which the Platform uses the User's personal data for the sending and segmentation of advertising, please read the Company’s Privacy and personal data security policy and notification and its Cookie Collection and Use Policy.
- Intellectual property rights
- With the express exclusion of their Content and of what is contemplated about it in Clause 2 above, the User recognises that the Service and the Platform are the exclusive property of the Company (or of any affiliates of the Company), and that they are protected by intellectual property rights and by applicable laws with regard to trade secrets. The User recognises and agrees, without reservation, that the Company (or the companies that it indicates) are the exclusive and unconditional owners of any rights, titles or interests on the Service, including all the intellectual property rights in the world (existing or future, original or subsequent, and regardless of whether they have been registered or not) that arise from or, in any way, are related with the Service and/or with the Platform.
- These Terms do not grant you any right of ownership over the Service or over the Platform, but only a licence of use that will be, at any time revocable by the Company, in the conditions contemplated in these Terms. Nothing in these Terms can represent any right or authorization in your favour to reproduce, copy, imitate, distribute, sell, publish, license or by any other means use the brands, images, distinctive trade signs or any other intellectual property of the Company, in whole or in part, for own or third party benefit.
- To the maximum extent permitted by the applicable legislation, the User cannot copy, modify, create derivative works, perform compilation or reverse engineering or extract source code from the Software of the Platform, nor can he/she sell, distribute, redistribute or sublicense the Platform or the Software of the Platform.
- The software of the Platform can contain software products subject to open-source licences. When we use these software products, and whenever it is relevant for the User to know or accept the terms and conditions of the provider of this software, the Company will make the necessary information available in advance and, when applicable, will obtain the explicit acceptance of the User.
- Communications with third parties
The Platform can provide forms of interaction with third parties, whether with other users, or with partners, namely through chat services, and the sharing of audio and video. The User recognises that, in no event, should he/she use the Service, and in particular the communication features, to make emergency calls
- Services provided by Partners
- The Platform can intermediate the relationship between the User and its partners ("Partners’ Services"). Partners are companies or organizations that, through prior agreement with the Company, offer their services and products through the Platform ("Partners"). The purchase, hire, acquisition, appropriation or, by any other means, use by the User of Partners’ Services is the sole responsibility of the User and of the respective Partner.
- User recognises and agrees that, by accessing the Platform, he/she may be, at least temporarily, exposed to inaccurate, misleading, defamatory, offensive or illegal content. Should such a situation arise, the User should immediately report the content in question, through the "report content" option so as to make the Company aware of the problem. The Company will only act in order to suspend or remove the content of or reference to the Partner when, at its sole discretion, it confirms the illicit or unlawful situation or confirm that is not in accordance with these Terms or with the rights of third parties.
- The Company shall have no liability in relation to the content made available on the Platform by the Partners, specifically with regard to the description of the products, services or appraisals that other users make of the Partners, except when it does not remove or preclude access to this information once it is aware of the respective illegality.
- The Company excludes any liability with regard to any type of business concluded by the User through the Platform with the Partners, to which it is totally unrelated. The Company neither provides nor assumes any liability for guarantees of efficiency, competence and/or quality of the products and services of the Partners.
- Any complaint relating to the products or services acquired or used, to the comments set out in the respective descriptions or which is related in some way with the business relating to them, will be forwarded to the relevant Partner, which shall assume full responsibility in this regard.
- The Company reserves the right to, at any time and without any need for prior notice, regardless of cause or reason and at its sole discretion, suspend or remove access to Partners’ Services on the Platform. At no time may the User claim any compensation, rights or any other liability from the Company for this suspension or removal.
- By publicising and promoting the Partners’ Services on the Platform, the Company will display, include or make visible products, services, materials, software or other content provided, licensed and/or distributed by the Partners. The Company’s agreements with the Partners may impose restrictions on intellectual property rights which, necessarily and consecutively, we will reflect in these Terms. In this regard, in no event may the User transfer, copy, download, disclose, make available to third parties, create derivative works or, by any other means, use protected content of the Partners, namely, but not limited to, images, logos, distinctive trade signs or any other materials (in text or image) that could identify or originate from the Partner’s activity, regardless of whether or not the User obtains any economic advantage or benefit of any kind from this use. The provisions in the Partner's terms and conditions will always be added to what is stated in this clause, and which the User should read, understand and accept before concluding any transaction with the latter through the Platform.
- To the maximum extent permitted by law, the Company shall under no circumstances be liable for the products, services, materials, media and promotional messages, texts, images, logos, distinctive signs or other content made available, licensed and/or distributed by the Partners on the Platform.
- The Company will always seek to guarantee the highest possible reliability and efficiency both from the Platform and the Services associated with it.
- However, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE PLATFORM AND THE RESPECTIVE SERVICES ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" AND NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES ASSUME ANY LIABILITY OR CONCEDE ANY WARRANTY IN RELATION TO THE PLATFORM, TO THE SERVICES, TO ANY SOFTWARE OR ANY DATA OR CONTENT SENT, CONVEYED OR DISPLAYED BY THE PLATFORM, INCLUDING: (A) ANY DECLARATION, WARRANTY OR OBLIGATION THAT THE PLATFORM WILL HAVE PERMANENT AND UNINTERRUPTED ACCESS THAT IS SECURE OR FREE FROM ERRORS AND VIRUSES; (B)THAT THE PLATFORM OR THE SOFTWARE OF THE PLATFORM WILL BE COMPATIBLE WITH THE USER'S DEVICE; (C) THAT THE PLATFORM OR THE SOFTWARE OF THE PLATFORM WILL BE FIT FOR A PRIVATE OR CORPORATE PURPOSE; (D) THAT THE PLATFORM CORRESPONDS TO THE EXPECTATIONS THAT THE USER MAY LEGITIMATELY HAVE OF IT. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE USER DISCLAIMS ALL AND ANY DECLARATIONS, WARRANTIES AND OBLIGATIONS, EXPLICIT OR IMPLICIT THAT ARE A CONSEQUENCE OF THE USE OF THE PLATFORM OR OF THE SERVICE MADE AVAILABLE BY THE LATTER.
- THE USER ACKNOWLEDGES AND UNRESERVEDLY ACCEPTS THAT S/HE WILL BE SOLELY RESPONSIBLE FOR ANY CONTENT WHICH S/HE DOWNLOADS, PUBLISHES, RECORDS, FORWARDS, DISCLOSES OR, BY ANY OTHER MEANS, USES, BEING, NAMELY, RESPONSIBLE FOR ANY DAMAGE OR LOSS CAUSED BY ANY VIRUS, SPYWARE, WORN OR MALWARE THAT IS INSTALLED FOLLOWING THE REFERRED CONTENT.
- TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE TOTAL AND JOINT LIABILITY OF THE COMPANY WITH ALL ITS AFFILIATES IN RELATION TO ALL CLAIMS IN CONNECTION WITH THESE TERMS, REGARDLESS OF THE TYPE OF DAMAGE OR LOSS, ARISING FROM ANY CIRCUMSTANCES, WILL BE LIMITED TO THE AMOUNT THAT THE USER PAID FOR THE USE OF THE PLATFORM OR THE SERVICES WITH WHICH HIS/HER COMPLAINT IS RELATED IN THE LAST SIX MONTHS IMMEDIATELY PRECEDING THE DATE OF THEIR COMPLAINT.
- TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO CASE
WILL THE COMPANY BE LIABLE, NOR ANY OF ITS AFFILIATES, FOR:
- ANY DAMAGE OR LOSSES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODING, EARTHQUAKE OR EPIDEMICS; (II) ANY SOCIAL EVENT LIKE WAR, RIOTING, PROTESTS OR GOVERNMENT ACTION; (III) ANY COMPUTER VIRUS, MALWARE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY BAD OPERATION OR FAILURE OF THE PLATFORM, OF ITS SOFTWARE OR OF THE SERVICE MADE AVAILABLE BY IT; (V) UNDUE OR UNAUTHORISED USE OF THE PLATFORM; (VI) USE OF THE PLATFORM OR SERVICE THAT INFRINGES THESE TERMS; (VII) ANY REASONS WHICH CANNOT REASONABLY BE FORESEEN; OR (VIII) FAILURE WHEN SAVING OR BACKING UP ANY DATA OR OTHER CONTENT;
- ANY LOSS OR DAMAGE RESULTING FROM CONTENT, PROGRAMS OR SERVICES MADE AVAILABLE BY THIRD PARTIES, NAMELY, BUT NOT LIMITED TO, THE PARTNERS’ SERVICES;
- ANY LOSS OR DAMAGE THAT IS NOT DUE TO FORESEEABLE, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES IN RELATION TO THE PLATFORM OR THE SERVICE MADE AVAILABLE BY IT.
- Nothing in these Terms limits or excludes any of the following
liabilities, except in as much as these liabilities can be waived,
limited or excluded pursuant to the applicable laws:
- any liability for fraud;
- any liability for negligence that causes death or personal injury;
- any liability for gross negligence or wilful misconduct; or
- any other liability to the extent that such culpability cannot be waived, limited or excluded under the applicable regulations and laws.
- Notwithstanding any other provisions of these Terms, nothing in them limits or excludes any mandatory legal right by the applicable jurisdiction (including any rights determined by consumer protection laws), in as much as these legal rights cannot be excluded or eliminated by agreement between the parties.
- The User and his/her organization (if he/she uses the Platform or the Service on behalf of an organization) agree to indemnify the Company and its affiliates for and against any complaint, lawsuit, action, demand, damage, debit, loss, cost, expense (including litigation expenses and lawyers' fees) and liability resulting from their use of the Platform or of the Service in violation of the provisions of the Terms or in the applicable law, and also the infringement of any third party rights to which the Company has to respond.
- Termination of the registration and of the use of the
- The User can, at any time and regardless of the reason, ask the Company to cancel his/her registration on the Platform, using one of the contacts provided at the end of these Terms. His/her request should always be made in writing, and verbal requests for termination will not be admitted or considered.
- Upon a request for termination, the Company will make every effort to grant this request within a period not exceeding 15 (fifteen) days.
- Should you wish, with the termination of the Service and closure of your registration, to erase all your data, you should send a specific request in this regard in accordance with the provisions in the Company’s Privacy and personal data security policy and notification.
- In turn, the Company may, at any time, terminate the User’s
registration or, by any other means, prevent his/her access as a
registered or guest user to the Platform if:
- If it justifiably suspects that the User infringed these Terms or did not comply with the applicable laws;
- It is necessary to carry out maintenance work on the Platform;
- It is necessary for security and integrity reasons of the Platform or of the System;
- Duplication of the User registration has been detected;
- The User has not used the Platform for more than 12 (twelve) months;
- The use of the Platform or of the Service by the User poses a risk for the Company or for other users of the Platform, represents a threat of potential claims by third parties against the Company or is potentially prejudicial to the Company's reputation;
- To the extent permitted by law, for any other reason and at the sole and absolute discretion of the Company.
- Whenever possible, the Company will notify the User of the termination of his/her access to the Platform in advance and in writing.
- Full agreement and assignment of rights
- Subject to the regulations and applicable laws in your jurisdiction, and notwithstanding the Partners’ Service, which shall be governed by their terms and conditions, these Terms define the complete agreement between the User and the Company in the use of the Platform and of the Service.
- The User agrees that he/she will not present any claims against the Company for any declaration that is not explicitly defined in these Terms. The words «includes» and «including» are interpreted without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or other parts of any other provision). If a court decides for the non-applicability of any part of these Terms as defined, the Company may replace these Terms by similar ones, to the extent enforceable by applicable law, without changing the remaining provisions of these Terms.
- Failure to apply or delay in the application of any provisions of the Terms will not be considered as a waiver of any rights under these provisions. Any rights and obligations arising from these Terms which, by their nature should be maintained, including, among others, obligations in relation to the liability of the parties, or indemnities (if applicable) given by the respective parties, will remain in force after the termination of these Terms and Conditions and, in particular, those relating to the Company’s intellectual property rights and trade secrets.
- The User cannot assign his/her contractual position in these Terms or transfer any rights or obligations arising from the Terms, in any way, without the prior written consent of the Company. However, the Company can freely assign its contractual position in these Terms or its rights and obligations thereon, in whole or in part, without the User's consent or prior notice. The Company may freely subcontract any part of its obligation to comply with the Terms at any time without the prior consent of the User and without the need for any prior notice in this regard.
- Unless otherwise provided by law, any notifications or other communications to the Users, authorised or required under these Terms, will be carried out electronically and sent by the Company or by an authorised third party by e-mail, notification on the Platform or messaging service (including SMS).
- The User henceforth accepts this form of communication, and renounces, to the maximum extent permitted by law, to any additional formalities in the communications that he/she receives from or sends to the Company.
- The Company's contacts for any communications under the Terms are the following: [email protected]
- Jurisdiction and applicable law
- To the maximum extent permitted by the applicable law, these Terms will be interpreted in accordance with the law of the Republic of Ireland. If you are acting in the capacity of consumer and the obligatory provisions relating to consumer protection, of your country of origin are more beneficial for the User, those provisions will apply, regardless of the choice of Irish law.
- As a consumer, the User can initiate any legal proceedings related with these Terms in the competent court of his/her area of residence or the competent court of the registered office of the Company in Dublin. If the Company purports to invoke any of its rights against the User classified as a consumer, it can only do so in the courts of the jurisdiction of the User's residence. If the User is acting on behalf of and representing an organization, he/she agrees to submit to the exclusive jurisdiction of the courts of Ireland.