WAYO, WHERE ARE YOU? Terms of Service
Welcome to WAYO By using Wayo products, software, services or web sites (“Wayo services”), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Programme Policies and Legal Notices (collectively, the “Terms”). We may update the Terms in the future and you will be able to find the most current version of this agreement at www.wayo.cc
- USE OF SERVICES
Wayo technology LTD, its subsidiaries and affiliated companies, including your domain administrator (“WAYO”) offer GPS services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the GREAT BRITAIN or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact and other information as part of the registration process and/or continued use of WAYO services. You are responsible for maintaining the confidentiality of your account password and are also responsible for all activities that occur under your account. You agree to immediately notify Wayo of any unauthorised use of your password or account or any other breach of security. WAYO cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
- APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from whom such Content originated. Wayo reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via WAYO services. You understand that by using Wayo services, you may be exposed to Content that is offensive, indecent or objectionable and that you use WAYO service
- In addition, there are commercially available services and software to limit access to material that you may find objectionable.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using WAYO services and for any consequences thereof. You agree to use WAYO services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts WAYO services or servers or networks connected to WAYO services. To report any activity or Content that may violate the Terms.
In addition to this agreement, your use of some specific Wayo services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.
Users outside the GREAT BRITAIN agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
You understand that the technical processing and transmission of Wayo services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
You also understand and agree that your domain administrator may have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account.
- PROPRIETARY RIGHTS
You acknowledge and agree that Wayo services and any necessary software used in connection with Wayo services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Wayo services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Wayo or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Wayo services or Software, in whole or in part except as specifically authorised in a separate written agreement.
Subject to the Terms, Wayo grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorised by Wayo in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to Wayo services. You agree not to access Wayo services by any means other than through the interface that is provided by Wayo for use in accessing Wayo services except as specifically authorised in a separate written agreement.
Except as expressly authorised by Wayo, you agree not to use, copy, imitate or incorporate any trademark, service mark, trade dress, company name or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure or alter Wayo or any third party’s copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Wayo services or Software.
Wayo claims no ownership or control over any Content submitted, posted or displayed by you on or through Wayo services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Wayo services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Wayo services which are intended to be available to the members of the public, you grant Wayo a worldwide, non-exclusive, royalty-free licence to reproduce, adapt, modify, publish and distribute such Content on Wayo services for the purpose of displaying, distributing and promoting Wayo services. Wayo reserves the right to syndicate Content submitted, posted or displayed by you on or through Wayo services and use that Content in connection with any service offered by Wayo. Wayo furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
- SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by Wayo will be governed by the Terms and any additional terms and conditions of the end user licence agreement accompanying such Software. Wayo Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop Wayo services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
- POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged infringement that comply with the applicable law and to terminating the accounts of repeat infringers.
Any use of Wayo’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features must be in compliance with the Terms and in compliance with Wayo’s then current Brand Feature use guidelines, and any content contained or reference therein such a URL that Wayo may provide from time to time.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Wayo has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Wayo services. You acknowledge that Wayo may have set no fixed upper limit on the number of transmissions that you may send or receive through Wayo services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Upon the termination of your use of Wayo services, including upon receipt of a certificate or other legal document confirming your death, Wayo will close your account and you will no longer be able to retrieve content contained in that account.
- PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Wayo services, use of Wayo services, or access to Wayo services except as otherwise expressly provided in the Terms or as specifically authorised in a separate written agreement.
- MODIFICATIONS TO SERVICE
Wayo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Wayo services (or any part thereof) with or without notice. You agree that Wayo will not be liable to you or to any third party for any modification, suspension or discontinuance of Wayo services.
You may discontinue your use of Wayo services at any time. You agree that Wayo may at any time and for any reason, including a period of account inactivity, terminate your access to Wayo services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Wayo services, your account or any files or other content contained in your account.
Some Wayo services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Wayo services, queries made through Wayo services or other information. The manner, mode and extent of advertising by Wayo on its services are subject to change. As consideration for your use of Wayo services, you agree that Wayo may place such advertising and that Wayo shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Wayo services or your subsequent dealings with advertisers.
Wayo services may provide, or third parties may provide, links to other World Wide Web sites or resources. Wayo may have no control over such sites and resources and you acknowledge and agree that Wayo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Wayo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Wayo, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “Wayo and Partners”) from and against any third party claim arising from or in any way related to your use of Wayo services, violation of the Terms or any other actions connected with use of Wayo services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and lawyers’ fees, of every kind and nature. In such a case, Wayo will provide you with written notice of such claim, suit or action.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF WAYO SERVICES IS AT YOUR SOLE RISK. WAYO SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAYO AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WAYO AND PARTNERS DO NOT WARRANT THAT (i) WAYO SERVICES WILL MEET YOUR REQUIREMENTS, (ii) WAYO SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WAYO SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH WAYO SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WAYO SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAYO OR THROUGH OR FROM WAYO SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WAYO AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WAYO OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE WAYO SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM WAYO SERVICES; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON WAYO SERVICES; OR (v) ANY OTHER MATTER RELATING TO WAYO SERVICES.
- EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that Wayo may provide you with notices, including those regarding changes to the Terms, by email, regular mail or postings on Wayo services.
You agree Wayo will share personal information with companies, organisations or individuals outside Wayo. You give Wayo consent for the sharing of any sensitive personal information
- GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to you from time to time such as Programme Policies and Legal Notices) constitute the entire agreement between you and Wayo and govern your use of Wayo services, superseding any prior agreements between you and Wayo for the use of Wayo services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Wayo services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and Wayo will be governed by the laws of IRELAND without regard to its conflict of law provisions. You and Wayo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of DUBLIN, IRELAND.
Waiver and Severability of Terms. The failure of Wayo to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Wayo services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.