PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BECAUSE THEY, AND THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR SITE AND SERVICES. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS AND CONDITIONS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE THIS WEBSITE, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
ABOUT WUW WUW
Wuw Wuw is owned and operated by SA ROSE INVESTMENTS LTD. (hereinafter, “Wuw Wuw,” “we,” our” or “us”). The following Terms and Conditions (“Terms”) apply to our website located at www.wuwwuw.com (the “Website”), the Wuw Wuw app (the “App”) and other online services (each, a “Site,” or “Service” and collectively, our “Sites,” “Services” or “Platform”) or content provided on or through the Services (“Service Content”). Any person (“user”, ”you” or “your”) who accesses, uses, downloads, installs, and/or registers for the Wuw Wuw Services is subject to these Terms and all applicable laws, and by using the Wuw Wuw Services or any portion thereof you accept, without limitation or qualification, the Terms set forth below.
Wuw Wuw reserves the right to revise the information on its Services, including these Terms, without any obligation to, or notice to, users. As such, you are encouraged to reference the Terms set forth and to apprise yourself of any changes made. Your continued access or use of the Services and/or your account following such changes constitutes and signifies your full acceptance of such changes. Failure to follow these Terms shall be construed as a violation of this agreement.
By accepting these Terms and completing the account registration process, you represent and warrant that you are at least 18 years of age, or, if you are under 18 years of age, that you are using the Services under the supervision of an adult who is at least 18 years of age. In such cases, the adult user is deemed the user of the Services. If you are establishing an account on behalf of a company or other entity, the term “you” includes both you as an individual as well as such company or other entity. In addition, you represent and warrant that you have the authority to bind such company or entity, and that such company or entity has authorized you to accept these Terms on its behalf.
Wuw Wuw is a marketplace platform which allows users to buy, sell, transfer or trade existing reservations, appointments and bookings (a “Booking”) that have been uploaded to the Site (a “Listing”). You may use some of the Services without signing up for an account. However, with the exception of buying a Listing, in order to upload, sell, transfer or trade a Listing, Users must download the Wuw Wuw App and register for an account on the App (a “User Account”). To register for a User Account, you will be asked to supply certain information (“Registration Data”), including without limitation your name, contact information (“Personal Information”) and credit card information (which includes a credit card number, expiration date, security code, and a billing address) (“Billing Information”). You agree that all Personal Information that you provide to Wuw Wuw will be accurate, current and complete.
CREATING A LISTING
Wuw Wuw provides a platform for Users to negotiate the sale, purchase, transfer or trade of Listings (each, a “Transaction”). Users are classified as either a buyer (a “Buyer”) or a seller (a “Seller”) of Listings..
Sellers post a Listing to the Site at a price that does not exceed the value of the original Booking. We ask all Sellers to only post Listings for more than $0 if they have paid a deposit, are in a cancellation window, or have pre-paid for the Booking. A Buyer may then respond to the Listing and negotiate the price with the Seller. Once the price is negotiated, the Buyer will purchase the Listing through Wuw Wuw’s payment processor (as further explained before) and the Seller will transfer the Listing to the Buyer. As a marketplace, Wuw Wuw does not own the Bookings/Listings sold on the Site.
Wuw Wuw does not allow for a Seller to post a Regular Listing for any amount below $2, unless said Listing is posted as a Free Transfer where there is no dollar amount associated with the listing price of the Booking.
Buyers are responsible for reading the complete Listing before making a commitment to buy a Booking. When completing a Transaction, a Buyer is entering into a binding contract with the Seller to purchase the Booking. Additional terms communicated to the Buyer by the Seller may apply. Payment is remitted to Wuw Wuw and disbursed to the Seller according to our “Listing Transaction and Payment” section below. All Sales are final. You cannot change or cancel any purchase after the sale is complete.
A Buyer can publicly post on the Site that they are looking to purchase a Listing (a “Wanted Listing”). The Wanted Listing can specify the desired venue and asking price. A Seller who owns a Listing that fits the description of the Wanted Listing can respond and the Users may then proceed to negotiate the terms of the sale.
If a User has a Booking but has not paid a deposit, is not in the cancellation window, or has not pre-paid for the Booking, the User may upload the Booking to the Site for free (a “Free Listing”).
LISTING TRANSACTION AND PAYMENT
Payments received from Buyers for Bookings purchased via the Site are processed by Wuw Wuw on behalf of the Seller and credited to the Seller. Seller appoints Wuw Wuw as its limited payment collection agent solely for the purpose of accepting funds from Buyers on behalf of Seller. Seller agrees that any payment made by Buyer to Wuw Wuw shall be considered the same as a payment made directly to Seller, and Seller will make the Booking available to Buyer in the agreed-upon manner as if Seller had received the payment directly from Buyer. Except as otherwise specified in the Buyer Protection Program, as outlined below, Seller understands that Wuw Wuw’s obligation to pay Seller is subject to and conditional upon successful receipt of the associated payments from Buyer. Except as otherwise specified in the Buyer Protection Program, Wuw Wuw guarantees payments to Seller only for such amounts that have been successfully received by Wuw Wuw from Buyer. In accepting appointment as the limited payment collection agent of Seller, Wuw Wuw assumes no liability for any acts or omissions of the Seller.
Payments from Buyers are due and payable immediately. A Buyer can pay the full Transaction amount which includes any applicable Service Fees and taxes using one of the accepted payment methods. A Buyer’s obligation to pay for a Ticket is satisfied when Wuw Wuw has received the Transaction payment in full.
By submitting Personal Information, you grant Wuw Wuw the right to provide such Personal Information to the Third-Party Payment Services for the purposes of facilitating the completion of a Transaction. The processing of payments will be subject to the terms, conditions and privacy policies of the Third-Party Payment Service in addition to these Terms. We are not responsible for errors made by the Third-Party Payment Service.
You represent and warrant that you have the legal right to use any credit card or other payment mechanism used in any Transaction. Verification of any Personal Information or Billing Information may be required prior to the completion of any Transaction.
Fees and Other Charges
You agree to pay all charges incurred by you or any users of your User Account and credit card (or other payment mechanism) at the prices in effect when such charges are incurred, including any applicable service and processing charges (collectively referred to as "Service Fees"), which are subject to Wuw Wuw’s sole discretion and can be changed without notice. You will also be responsible for paying any applicable taxes relating to the Transaction. Any applicable Service Fees including any taxes if applicable will be disclosed to you prior to listing or buying a Booking. Wuw Wuw may charge and/or retain Service Fees if you do not fulfill your contractual obligations under these Terms.
Wuw Wuw earns a fee of 10% off any transaction regardless of the listing amount for a Regular Listing. Should a Seller list a Booking for less than $2, then, given our fee structure, they will be owing money instead of receiving it. We do not intend for this to occur, thus the reason for having a minimum listing amount of $2.
We may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. Wuw Wuw, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information Wuw Wuw reported to a credit bureau, please contact Wuw Wuw. If you wish to dispute the information a collection agency reported, contact the collection agency directly.
PRIVACY AND PERSONAL INFORMATION
THIRD PARTY SITES
Wuw Wuw is not a scalping platform and will not tolerate the posting of any Listing that is posted at a higher price than the original purchase price.
All Listings must be posted at a price that is of equal or lesser value than the price by which was originally paid. Only Bookings that are pre-paid, include a deposit, or are in a cancellation window with an associated cancellation fee can be listed for monetary value.
We will be monitoring Listings, and at any point during a Transaction we may require Users to provide proof of purchase to ensure legitimacy. Wuw Wuw reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to investigate any potential Scalping Attempts.
Any attempt to circumvent these Terms will be considered as scalping (a “Scalping Attempt”). Wuw Wuw reserves the right to take down, at its sole discretion and without notice, any Listing which it believes to be a Scalping attempt. Any Scalping Attempt may result in the automatic deletion, suspension or expulsion of the associated User Account.
RULES OF USER CONDUCT
We grant you permission to use the Site solely as set forth in these Terms. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services.
Without the prior written consent of a duly authorized representative of Wuw Wuw you shall not:
(i) copy or distribute any part of the Services in any medium; (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; (iii) or dissemble, decompile, reverse engineer, translate or otherwise attempt to extract the source code from the Service, the Service Content, or any part thereof,
use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that circumvent, interact, or interoperate with our Services in ways that are prohibited by these Terms.
use any data mining, robot or similar data gathering or extraction methods with respect to any Service or any Service Content.
register for more than one User Account, register for a User Account on behalf of an individual other than yourself, or register for a User Account on behalf of any group or non-individual entity (except if you are duly authorized to do so by such group or entity).
purchase or sell multiple Bookings in the same Venue category in a single day under a single User Account, with the exception that Users are permitted to purchase or sell more than one restaurant Booking if the booking falls in different time slots (namely breakfast time, lunchtime or dinner time, as further defined), totalling a maximum of three restaurant Listing per day. For greater certainty, on any given day “breakfast time” is before 11:00 AM, “lunchtime” is between 11:00 AM to 5:00 PM, and “dinner time” is 5:00 PM onwards.
post a fraudulent Booking, post a Listing that would be considered a Scalping Attempt, post a Listing that is of greater value than the original purchase price of the Booking, post a Listing for monetary value if no deposit, no pre-payment or no cancellation fees have been incurred for the Booking;
upload, post, transmit, share or otherwise make available on the Service any content (“User Content”) that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, racially or ethnically offensive, contains or depicts nudity, contains or depicts sexual activity, references illegal activity, false advertising, health code violations, or purposeful overcharging, or is otherwise inappropriate as determined by us in our sole discretion;
solicits Personal Information from anyone under 18 or exploit anyone in a sexual or violent manner;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
is for commercial purpose, including but not limited to posting contributions that contain advertisements, publicity or solicitation for products or services (other than Wuw Wuw’s products and services);
impersonates any person or entity, including any of our employees or representatives, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, in your Registration Data, User Account or otherwise;
includes anyone’s identification documents or sensitive financial information; or
inhibits other Wuw Wuw Users from using or enjoying the Services; or
Intentionally or unintentionally violate any applicable local, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority,
Users must not communicate, share personal contact information, pay, or request payment outside of Wuw Wuw’s platform or its Third-Party Payment Services. Wuw Wuw denies any and all responsibility and liability should Users take their communications and relations off the Wuw Wuw Sites nor will they be held liable for any actions that may take place between Users off the Platform including, without limitation, any potential fraud, financial, physical or psychological harm.
User Content Responsibility.
User Content Scanning.
Wuw Wuw reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.
Although we are not actively tracking User Content in real time, including each and every Chat, Comment, Review, Wuw Wuw’s automated systems scan and analyze the contents of message sent through our Chat tools, and Comments and Reviews posted publicly on our Listings platform to detect and prevent fraudulent activity or violations of these Terms, including the incorporated terms, notices, rules, and policies. This may result in a manual review of User Content. This scanning and analysis may occur before, during, or after the User Content is sent or posted, or while in storage, and may result in User Content being delayed or withheld. Wuw Wuw may store your User Content including to conduct this scanning and analysis.
WUW WUW PLATFORM FEATURES
Wuw Wuw’s Sites and Services offer an in-platform chat feature that allows Users to communicate directly with one another (the “Chat”). Users are able to message, share photos, videos and emojis in the Chat platform for the sole purpose of discussing and negotiating specific Listings. You are solely responsible for any content including images, text, audio or other materials that you submit to the Chat (“User Content”).
Any Chat communication that violates Wuw Wuw’s Rules of User Conduct, as outlined in these Terms, will not be tolerated and may lead to the automatic removal, suspension or expulsion from the Wuw Wuw Sites and Services.
Wuw Wuw denies any and all responsibility and liability should a Chat conversation between Users lead to discussions being taken off the Wuw Wuw Platform and/or should Users choose to meet in person. Wuw Wuw is not responsible for and will not be held liable for any actions that may take place between Users that occur off the Platform (“Off-Platform Activity,” as further outlined in the Rules of User Content section of these Terms).
Users are able to publicly comment on Listings and tag other Users in such comments (“Comments”). Any Comment that violates Wuw Wuw’s Rules of User Conduct, as outlined in these Terms, will not be tolerated and may lead to the automatic removal, suspension or expulsion from the Wuw Wuw Sites and Services.
Users can write public reviews on other Users’ profiles once a Listing Transaction has been completed (“Reviews”). Any Review that violates Wuw Wuw’s Rules of User Conduct, as outlined in these Terms, will not be tolerated and may lead to the automatic removal, suspension or expulsion from the Wuw Wuw Sites and Services
Google ratings and reviews of the Venue associated with a Listing will be linked in the description of a Listing to provide potential Buyers with additional information about the Venue and to substantiate the Listing.
- We are using yelp/google reviews API to put some descriptions and ratings about the business on Wuw Wuw to help users.
Wuw Wuw Cash and Credits:
Money can be earned by selling a Listing (“Wuw Wuw Cash”), and such Wuw Wuw Cash can be transferred to and withdrawn from your linked Third-Party Payment Service account. One Wuw Wuw Cash is equivalent in value to one dollar.
Points and/or money can be earned through refunds, promotional codes, referrals or any type of promotional activity run by Wuw Wuw (“Wuw Wuw Credit”). Some Wuw Wuw Credits may have an expiration date. Wuw Wuw Credit may only be redeemed within the Wuw Wuw App and cannot be transferred to and withdrawn from your linked Third-Party Payment Service account. One Wuw Wuw Credit is equivalent in value to one dollar.
Wuw Wuw may, in Wuw Wuw’s sole discretion, create promotional codes that may be redeemed for User Account credit, or other features or benefits related to the Services and/or a Site’s services, subject to any additional terms that Wuw Wuw establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Wuw Wuw; (iii) may be disabled by Wuw Wuw at any time for any reason without liability to Wuw Wuw; (iv) may only be used pursuant to the specific terms that Wuw Wuw establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Wuw Wuw reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Wuw Wuw determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
When a User Account has been created, you will be provided with a unique referral code (a “Referral Code”). Users can share their Referral Code with others and receive Wuw Wuw Credit once the Referral Code is used to create a new User Account. A Referral Code may only be used once by the person that receives it. Multiple attempts to use a single Referral Code will be invalid. A User will be able to see the amount of this Referral Code in the Wuw Wuw Credit section of their Wuw Wuw wallet (a “Wuw Wuw Wallet”). A User’s Wuw Wuw Wallet is located on their User Account page. Money or Wuw Wuw Credit received by Referral Codes cannot be withdrawn from the app and is solely to be used within the App. A limit of one discount code or one referral credit shall be applied to each Transaction.
Cost-Splitting of Bookings:
Multiple Users can split the cost of purchasing a Booking in the Wuw Wuw App (“Cost Splitting” or “Cost Split”). To Cost Split, enter the names of the other User(s). Everyone you add is sent a notification request to accept your invitation to Cost Split. The cost of the Booking is divided equally among Users who accept the Cost Splitting invitation. If a User chooses not to accept the Cost Split or does not have a valid payment method, you will be charged for the Booking (your portion and theirs). Wuw Wuw will charge a service fee $0.25 for each and every completed Cost-Split Transaction.
BUYER PROTECTION PROGRAM
Situations where Buyer Protection Program Works:
- In case of a dispute where the seller cannot provide a refund or a replacement, Wuw Wuw will actively work towards a resolution.
- The Buyer Protection Program (the “Buyer Protection Program”) covers Buyers who cannot successfully resolve their dispute with the seller or are not satisfied with the resolution provided by the Seller.
- The Buyer can write to firstname.lastname@example.org if the issue with the seller is not resolved. Wuw Wuw's Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Site. Only after verifying these facts, can a dispute be registered.
- When a dispute has been raised, Wuw Wuw may provide both parties access to each User’s Personal Information, including email addresses, and additional information about the dispute. Buyers and Sellers are subject to final consent from Wuw Wuw for settling the dispute.
If you are a Buyer, then you are subject to the following restrictions:
- There is a limitation period of 15 days in which you have to file a complaint.
- The first step a Buyer should take is to contact the Seller to resolve the dispute. If the Buyer does not hear from the seller or cannot resolve the issue with them, even after contact, a dispute can be raised with Wuw Wuw by writing an email to: email@example.com.
- Buyers can make a maximum of 10 claims per year on the SIte. If the claim was withdrawn, it is not counted. The coverage amount will be limited to $1,000/year.
- Buyers are not entitled to an immediate refund of money or replacement of the product. Wuw Wuw will be first verifying the dispute and processing the valid and genuine claims.
- Claims related to 'Buyer remorse' (i.e. instances where listing's are bought by the Buyer by mistake or where the Buyer chooses to change their mind about the product purchased by them) will not be entertained through this program.
- Disclaimer: Do not initiate an invalid or false claim or provide incomplete or misleading information because Wuw Wuw reserves the right to initiate civil or criminal proceedings against you in these cases.
Wuw Wuw is the owner of or otherwise licensed to use all parts of the Services, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on our Services belong to third parties who have authorized Wuw Wuw to display the materials, such as certain third-party licensors. By using the Wuw Wuw Services, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Services. All rights not granted under these Terms are reserved by Wuw Wuw.
You expressly agree that your use of the Wuw Wuw Sites and Services shall be at your sole risk. Wuw Wuw makes no representation or warranty of any kind with respect to any Service or Service Content made available on or accessed through the Services. To the fullest extent permitted by law, Wuw Wuw, our affiliates, and our respective shareholders, officers, directors, agents, employees, representatives, contractors, contributors, and distribution partners (collectively, “Affiliates”) disclaim all warranties, express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, in connection with the Services, the Content and your use thereof.
The Services and Service Content are provided "as is" and Wuw Wuw makes no representations or warranties about the accuracy or completeness of the Services or the Content, or the content of any third-party websites linked to the Services, and assumes no liability or responsibility for any (i) errors, mistakes, omissions, or inaccuracies of the Services or the Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all Personal Information and/or Payment Information stored therein, (iv) interruption or cessation of transmission to or from the Services, (v) bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services, and/or (vi) loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services.
Wuw Wuw provides a platform for Users, to negotiate and complete Transactions for Bookings. Because Wuw Wuw is not involved in the actual Transaction between the Participants, Wuw Wuw does not warrant, endorse, guarantee or assume responsibility for any experience or item advertised or offered through the Services. If a dispute arises between one or more Participants, each Participant releases Wuw Wuw and our Affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITY
To the fullest extent provided by law, in no event shall Wuw Wuw, and its Affiliates be liable to you for (i) total, cumulative damages, losses or other amounts of any kind in excess of the amounts paid by you to Wuw Wuw in connection with the site in the three (3) month period preceding the applicable claim; or (ii) any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your use or access of the Services or Content (including without limitation damages for loss of business, loss of profits, loss of goodwill, loss of use, loss of data, cost of procuring substitute goods, services or information), whether based on breach of contract, breach of warranty, tort (including without limitation negligence), product liability or otherwise.
You agree to indemnify, defend and hold harmless Wuw Wuw and its Affiliates from all claims demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Services, (ii) any breach by you of any of these Terms, and (iii) any violation of applicable law.
You agree that Wuw Wuw, in our sole discretion, may terminate your use of any Service provided, and may remove and discard any User Content at any time, for any reason and without notice. Further, you agree that Wuw Wuw shall not be liable to you or any third party for any such termination. The provisions of these Terms which by their nature survive termination of these Terms shall so survive, including without limitation the Sections entitled “Third-Party Sites,” “Rules of Conduct for Use,” “Proprietary Rights,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Severability”, “Waiver and Remedies” and “Governing Law and Disputes”.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
WAIVER AND REMEDIES
The failure of Wuw Wuw to partially or fully exercise any rights or the waiver of Wuw Wuw of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Wuw Wuw or be deemed a waiver by Wuw Wuw of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Wuw Wuw under these Terms and any other applicable agreement between you and Wuw Wuw shall be cumulative, and the exercise of any such right or remedy shall not limit Wuw Wuw right to exercise any other right or remedy.
GOVERNING LAW AND DISPUTES
These Terms shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. Any dispute, controversy or claim arising out of or relating to the Services, Service Contect, or these Terms shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules. The place of the arbitration shall be Toronto, Ontario.
You agree to litigate or arbitrate solely on an individual basis, and that these Terms do not permit class action or class arbitration, or any claims brought as a plaintiff or class member in any class or representative litigation or arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
Wuw Wuw shall not be in default or otherwise liable under these Terms due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, terrorism, cyber-terrorism, embargo, war, act of God, natural disaster, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default by Wuw Wuw hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under Wuw Wuw’s control (“Force Majeure”).
ADDITIONAL TERMS FOR USERS OF IOS - APPLE DEVICES
If you have downloaded, installed and are using the Wuw Wuw App via Apple Inc. (“Apple”) or the iTunes App Store (the “App Store”), the following shall apply: You acknowledge and agree that these Terms and Conditions are solely between you and us, not Apple, and that Apple has no responsibility for the App. Your use of the App must comply with Apple’s App Store Terms and Conditions. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and Conditions and any law applicable to us as provider of the App. You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as relates to your license of the App, and that, upon your acceptance of the these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the App against you as a third party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
ADDITIONAL TERMS FOR USERS OF ANDROID - GOOGLE DEVICES
These Mobile Device Terms are an agreement between you and Wuw Wuw, and not with Google. Google is not responsible for the App and the content thereof. Wuw Wuw grants you the right to use the App only on an Android product that you own or control and as permitted by the Google Play Terms of Service. Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Google is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim. Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any failure of the App to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App. Google and Google's subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Google as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
Should you have any questions regarding these Terms you may contact us at:
SA Rose Investments Ltd.
10 Old York Mills Rd.
Toronto, Ontario, Canada