“Account Details” means the information relating to the Purchaser, the Pricing option selected and the cost of subscription, which is available within the “Account” section of the App and Website;
“App” means the object code form of the Wizher mobile application(s), available for download from the Apple, Google Play or Windows Marketplace app stores, or directly from the Website, and includes any updates, enhancements or other modifications of the App provided to You.
“Device” means the wireless router more particularly described on the Website at URL: http://www.wizher.com
“Price” the price payable for the Device and Services, as set out on the Website at URL:. http://www.wizher.com
“Minimum Term” means the time period of this agreement
“Services” means the services described on the Website at URL: http://www.wizher.com which are provided via the Device and Your use of the App.
“Purchaser” means person who purchased a Device, downloaded the App and registered and paid for access to the Services.
“User” means any Purchaser or other individual whose connection to the Internet is routed through the Device.
“Website” means the website located at URL: http://www.wizher.com (or such other URL as we may notify You of from time to time).
“Your Data” means any data, information or other materials submitted by You to Us through Your use of the Services.
2 OUR DETAILS
2.1 The App and Website is owned and managed by WizherApp Inc All information supplied through the App is managed by WizherApp Inc.
2.2 WizherApp Inc can be contacted by writing to Wizher Inc, 7F Fidman Center, 131 Tordesillas St. Salcedo Village, Makati City, Philippines 1227 or by telephone on the number provided on our Website.
2.3 By ordering the Device, downloading and using the App and/or registering to use the Services, You warrant that:
2.3.1 You are legally capable of entering into binding contracts;
2.3.2 You are 18 years old or above; and
2.3.3 You are not in any way prohibited by the applicable law in the jurisdiction which You are currently located to enter into these Terms and Conditions.
3 PLACING AN ORDER
3.1 In order to place an order on the Website, You shall be required to complete the online form (“Registration Form”).
3.2 Upon completion of the Registration Form You will be directed to Our payment processing provider in order to pay the applicable Price. Such payment will result in You having placed an order (“Order”) for the Device and Services.
3.3 By placing an Order, You consent to Wizher conducting verification and security procedures in respect of the information provided in the Registration Form.
3.4 You hereby warrant that the information provided to Wizher is true, accurate and correct. You further warrant that You shall promptly notify Wizher in the event of any changes to such information.
3.5 You shall keep Your login details confidential and secure. Without prejudice to Our rights and remedies, We reserve the right to promptly disable Your login details and suspend access to the App in the event We have any reason to believe that You have breached any of the provisions set out herein.
4 FORMATION OF CONTRACT
4.1 After placing an Order, You will receive an e-mail from Us acknowledging that We have received Your Order (“Order Confirmation Email”). Your Order is a contractual offer and is subject to acceptance by Us. Where we accept your Order, We will confirm such acceptance to You by sending You an e-mail that confirms that the Device has been dispatched (“Dispatch Confirmation”). The contract between Us (“Contract”) will only be formed when We send You the Dispatch Confirmation.
5 PRICE AND PAYMENTS
5.1 The Prices and Our delivery charges will be as published on Our Website. Wizher shall use its reasonable endeavors to ensure that the Prices published on the Website are accurate and correct at all times. In the event that the Prices displayed on the Website are incorrect, Wizher shall inform You of the correct Price of the Device following receipt of Your Order. Thereafter, You shall have the option of proceeding with Your Order in consideration for the actual Price or cancelling Your Order with Wizher.
5.2 Unless otherwise expressly set out to the contrary, the Price shall be inclusive of applicable value added taxes.
5.3 Due to the nature of the business, You acknowledge and agree that the Price may be subject to change and variation from time to time subject always that any changes in the initial Price shall not be applicable to You once You have submitted Your Order with Wizher. The monthly subscription Price may be increased in accordance with clause 6.2.
5.4 You may pay for Your Order using the method of payment specified on the Website. Wizher will not accept or process Your Order if Wizher has not received payment of the Price (or, where you have selected the subscription pricing model, the first instalment thereof) and any other additional charges, including without limitation any applicable taxes and delivery charges.
5.5 For Your information, We use third party payment handlers to process Your payment and You agree that You have given Us permission to do so by complying with the terms herein.
5.6 Where You have selected the annual subscription and Device pricing model, Your payment of the first instalment of the Price entitles you to receive the Device and Services for a period of twelve (12) months. Your subscription for the Service will be renewed automatically every year on, or as close as possible to, the same day of the month that Your Order was accepted by Us (“Your Annual Renewal Date”). Unless You notify Us at least 5 days before Your Annual Renewal Date that You wish to cancel Your subscription or do not want to automatically renew, You understand that Your subscription will automatically renew and You authorize Us to collect the then-applicable subscription annual Price by the same method as You made Your first payment. Your initial Registration and Order is an authorization for Us to process your renewal payment. For the avoidance of doubt You are entering into a 12 month agreement.
5.7 Where You have selected the monthly subscription and Device pricing model, Your payment of the first instalment of the Price entitles you to receive the Device and Services for a period of one (1) month. Your subscription will be renewed automatically every month on, or as close as possible to, the same day of the month that Your Order was accepted by Us (“Your Monthly Renewal Date”). Unless You notify Us at least 5 days before Your Monthly Renewal Date that You wish to cancel Your subscription or do not want to automatically renew, You understand that Your subscription will automatically renew and You authorize Us to collect the then-applicable subscription monthly Price by the same method as You made Your first payment. Your initial Registration and Order is an authorization for Us to process your renewal payment. For the avoidance of doubt You are entering into a month agreement.
5.8 Where You have selected the monthly subscription only pricing model, Your payment of the first instalment of the Price entitles you to receive the Services for a period of one (1) month. Your subscription will be renewed automatically every month on, or as close as possible to, the same day of the month that Your Order was accepted by Us (“Your Monthly Renewal Date”). Unless You notify Us at least 5 days before Your Monthly Renewal Date that You wish to cancel Your subscription or do not want to automatically renew, You understand that Your subscription will automatically renew and You authorize Us to collect the then-applicable subscription monthly Price by the same method as You made Your first payment. Your initial Registration and Order is an authorization for Us to process your renewal payment. For the avoidance of doubt You are entering into a month agreement.
5.9 We reserve the right to increase the Price for future renewals or subscriptions from time to time by giving You not less than 30 days notice by email. Any such Price increase will take effect only from the next payment following expiry of the notice period. Your continued subscription after we notify You of the change in Price constitutes Your acceptance of the increase and You authorize Us to collect the increased monthly Price by the same method as You made Your first payment. If You do not agree to any fee changes, then You must cancel Your subscription in accordance with clause 8.
6.1 Wizher will use reasonable endeavors to deliver Your order within the delivery period and by the method applicable to Your location and any selected preferences, as set out on the Website at URL: http://www.wizher.com. Where this is not possible, Wizher will notify you as early as possible.
6.2 All applicable delivery charges are as set out on the Website.
6.3 You shall become the owner of the Device on dispatch by Wizher, provided always that Wizher has received payment of the Price and all other related charges in full. Once the Device has been dispatched to You, it will be Your responsibility and, except insofar as the Device falls within either clause 8 or clause 9.1 below, Wizher shall not be liable for any damage, loss or destruction of the Device after it has been dispatched to You.
7 CANCELLATION RIGHTS AND RETURNS
7.1 You may cancel the contract at any time within thirty (30) days, beginning on the day after the day You receive Your Order (“Cooling Off Period”). To cancel an Order, You can email Your cancellation and refund request to Wizher at firstname.lastname@example.org, with the word “CANCELLATION” in the subject line of the email, at any time within the Cooling Off Period.
7.2 If You cancel the Order at any time before We dispatch the Device by contacting Us in accordance with clause 8.1, we will confirm Your cancellation in writing to You and will refund the Price paid together with any delivery charges.
7.3 If You cancel Your Order by contacting Us in accordance with clause 7.1 and We have already dispatched Your Device, We will not be able to cancel Your Order or refund any monies paid in 30 days from the time the Device is returned to Us. You may deliver the Device back to us, in which case you will pay all costs of delivery, or We may agree to collect the Device, in which case any charge for collection will be deducted from the refund that is due to You.
8 WARRANTY FOR DEFECTIVE OR DAMAGED DEVICE
8.1 In the event that the Device delivered to You is damaged in transit, is inherently defective, or ceases to function as described on the Website in any material respect within 12 months following delivery to you, provided always that you have paid the Price for the provision of the Services up to the relevant date, -Wizher shall provide You with replacement free of charge.
8.2 Notwithstanding Clause 9.1, You understand that the life of the Device is dependent on Your use of the same and is subject to wear and tear. Wizher shall not be liable to refund and/or compensate You where the Device is damaged by You or through normal wear and tear.
8.3 Your Wizher device is provided with 12 month warranty subject always to 8.1 and 8.2
9 ORDERS FOR DELIVERY OUTSIDE THE PHILIPPINES
9.1 If You opt to access the Website and purchase the Device from a location outside the Philippines, You shall be responsible for complying with all applicable local laws.
9.2 You acknowledge and agree that due to the various systems of delivery services outside the Philippines, Wizher will only in some cases be able to confirm that Your Order has been delivered to the designated country of the address set out in the Order Confirmation Email. Wizher shall have no control whatsoever in respect of Your local delivery services and therefore does not represent or warrant that Your Order shall be delivered within a particular timescale, in the form in which it was originally packaged and delivered by Wizher or at all.
9.3 Wizher does not represent or warrant that the Device or Services are appropriate or lawful in locations outside the Philippines, or that the Device and/or the delivery thereof comply with any legal or regulatory requirements of any applicable local law of the location in which You are currently situated.
9.4 If You order the Device for delivery outside the Philippines, You may be subject to import duties and taxes which are levied upon the delivery of such devices to the specified address. You shall be solely responsible for payment of any such import duties and taxes. Wizher has no control whatsoever in respect of such additional import duties, taxes and charges and Wizher cannot advise You what these may be. Consequently, Wizher recommends that You contact Your local customs office for further information prior to placing any Order with Wizher.
9.5 For all deliveries to locations outside the Philippines, You shall be deemed the importer of the Device and it shall be Your sole responsibility to comply with all applicable local laws and regulations of the country to which the Device is delivered. Wizher shall in no way be liable to You or any third parties for any breach by You of any such laws arising from or in connection with the purchase of the Device and/or Wizher’s delivery of the Device to You.
10.1 We will use Our reasonable endeavors to make the Services available to You at all times, but We cannot guarantee that the Services will be uninterrupted or fault free.
10.2 We reserve the right to make changes to the Services or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the Services.
10.3 You shall, at all times:
10.3.1 comply with all applicable laws, regulations, directives and legislations in Your Use of the Services;
10.3.2 comply with any guidelines provided or reasonable instructions issued by Us from time to time in respect of Your Use of the Services;
10.3.3 ensure Your mobile device:
10.3.3.1 complies with the minimum specifications required for Your mobile device to install and Use all features of the App, as specified by Us on Our Website; and
10.3.3.2 contains adequate anti-virus protection;
and You acknowledge that We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect Your mobile device due to Your Use of the App, and You hereby release and discharge us from any liability for such loss or damage.
10.4 You shall not use the Services and/or any knowledge, information, know-how and/or expertise derived from using the Services to commit any criminal act or to do anything likely to cause harm or distress to any persons.
10.5 In the event that We, in Our sole discretion, consider that You are making any illegal and/or unauthorized use of the Services, and/or Your Use of the Services is in breach of these Terms, We reserve the right to take any action that We deem necessary, including terminating without notice Your Use of the Services and, in the case of illegal use, instigating legal proceedings.
11 APP STORES
11.1 You acknowledge and agree that:
11.1.1 We are in no way linked, connected or affiliated with Apple, Android, Google or Microsoft
11.1.2 access to and use of the App may be limited by Your network carrier and will be limited if You are attempting to access the App from outside the Philippines;
11.1.3 You acknowledge You will not be able to access and Use certain functionalities of the App unless You have internet access through a GPRS, 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the Use of the App are subject to Your agreed terms with Your mobile network provider.
11.1.4 neither Your airtime provider nor any App kiosk or kiosk operator (including but not limited to the Apple App-Store, Google Play App Store or Windows Phone Marketplace) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, performance or non-performance of the App;
11.1.5 Your airtime provider and any App kiosk or kiosk operator (including but not limited to the Apple App-Store, Google Play App Store or Windows Phone Marketplace) are third party beneficiaries in respect of this clause 4.1 and accordingly have the right to enforce the provisions of this clause 4.1;
11.1.6 We are solely responsible for providing any support and maintenance in respect of the App; and
11.1.7 You will comply with any applicable third party terms and conditions in Your use of the App.
11.2 Further, where You have obtained the App from the Apple ‘AppStore’, You acknowledge and agree that:
11.2.1 You are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
11.2.2 You are not listed on any US Government list of prohibited or restricted parties;
11.2.3 these Terms are concluded between You and Us and accordingly Apple is not a party to these Terms;
11.2.4 Apple has no obligation to provide any maintenance and support services in respect of the App;
11.2.5 if the App fails to conform to any warranty herein, You may notify Apple following which Apple will refund You the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;
11.2.6 Apple has no responsibility to address any claims by You or any third party whatsoever with respect to the App;
11.2.7 Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
11.2.8 ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.
11.3 Further, where You have obtained the App from the Windows Phone Marketplace, You acknowledge and agree that You may install and use one copy of the App on up a maximum of five mobile devices You personally own or control and which are affiliated with the Windows Live ID associated with Your Windows Phone Marketplace account. You may not install or use a copy of the App on a device You do not own or control.
12 TERM AND TERMINATION
12.1 These Terms will remain in full force and effect while You are a Purchaser.
12.2 This Agreement is subject to a 12 month Minimum Term
12.3 You may terminate these Terms and/or Your subscription at any time during the Cooling Off Period, and at any time following the 12 month Minimum Term for any reason, effective upon receipt by Us of Your email notice of termination sent to the email address detailed clause 8.1, and in the event of such termination by You in accordance with this clause 13.2, no refund of the Price shall be payable by Us to You.
12.4 Upon giving You notice by email, We may at any time and without cause, terminate these Terms with You, deny You access to the App and/or Website and delete Your information held by Us on provision of reasonable notice. If so We will refund pro rata any fees already paid.
12.5 We may terminate these Terms with You, deny You access to the App and/or Website and delete Your information held by Us with immediate effect in the event that:
12.5.1 You fail to make any payment to Us when due;
12.5.2 You breach these Terms;
12.5.3 in Our reasonable opinion, any use made by You of the Services is damaging or potentially damaging to Our business or other Users;
12.5.4 We receive two or more complaints from User relating to Your use of the App or the Website and for the avoidance of doubt, any prior investigation by Us into the validity of the complaints shall be conducted at Our sole discretion but We have no obligation to conduct such investigations, nor provide You with the results of the investigation.
12.6 If any of the events set out in clause 13.4 above occurs in relation to You then You will not be entitled to any refund of monies paid and You shall not attempt to use the Services. In addition, should We, in Our sole discretion and upon further investigation, have any reason to believe that any complaints made in accordance with clause 13.4.4 are of a serious nature, We reserve the right to submit Our findings to the police.
12.7 In the event of termination of these Terms for any reason:
12.7.1 We will cease providing the Services to You, including denying You access to the App and/or the Website;
12.7.3 You must not attempt to Use the Services.
12.8 Clauses 11.3, 11.4 and 14 to 19 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against You and Us.
13 INTELLECTUAL PROPERTY
13.1 Other than in relation to any links to third party websites, We own or have a license to use all right, title and interest in and to the all the intellectual property rights in the Device and the Services. These Terms shall not be construed to convey title to or ownership of such intellectual property right. All rights in and to the intellectual property rights in the Website, App, Services or the Device not expressly granted to You are reserved by Us.
13.2 Subject to these Terms, We hereby grant to You a non-exclusive, non-transferable, terminable license to download, install and Use the App on Your mobile device. This license is in respect of Your use of the App for Your own personal, non commercial purposes only.
13.3 Except as expressly permitted in these Terms, You shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App, Services, Device or Website, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App, Services, Device or Website to source code form; (iii) distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App, Services, Device or Website or Your right to Use the App or Website; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to Us or Our licensors contained within the App, Services, Device or Website; or (v) use the App, Services, Device or Website in any manner not expressly authorized by these Terms.
14 THIRD PARTY WEBSITE
14.1 We may link to third party websites. We do not endorse or recommend such websites and You must satisfy Yourself that any goods or services referred to thereon are suitable for Your requirements. These are provided solely as a convenience to You and not as an endorsement by Us of the contents on such third party websites. As We have no control over such external sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from such external sites or resources.
14.2 You acknowledge and agree that We 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 external sites or resources. If You decide to access linked third party websites, You do so at Your own risk. Any concerns regarding any external link should be directed to its respective site administrator or web master.
15.1 To the maximum extent permitted by applicable law, You acknowledge and agree that the Services are used by You at Your sole risk and is provided ‘as is’ without warranty of any kind, either express or implied, including but not limited to any (if any) implied warranties of merchantable quality, conditions of fitness for a particular purpose and any warranties arising by statute or otherwise in law, all of which are hereby excluded and disclaimed to the fullest extent permissible under applicable law.
15.2 Any content, information or material comprising part of the Services does not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.
15.3 We do not guarantee, warrant or make any representation that the functions contained in the Services will meet Your requirements, or that the operation of the Services will be uninterrupted or error-free, or that defects in the Services will be corrected.
16.1 Subject to clauses 17.2 and 17.3, Our maximum aggregate liability under, arising from or in connection with these Terms and Your use of the Device and/or the Services, whether arising in contract, tort (including negligence) or otherwise shall not exceed any monies You have paid to Us to purchase the Device and use the Services, or £100, whichever is greater.
16.2 We shall not be responsible for any:
16.2.1 losses, damages, costs and expenses which were not reasonably foreseeable to be incurred by You and could not have been reasonably foreseeable by You or Us on entering these Terms; or
16.2.2 loss of profits, contracts or business, loss of an anticipated outcome or anticipated savings; or
16.2.3 loss or corruption of data including Your Data.
16.3 We accept and do not limit Our liability to You for the following categories:
16.3.1 death or personal injury;
16.3.2 negligent misrepresentation, fraud or fraudulent misrepresentation;
16.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
17.2 We do not vet, verify the accuracy, correctness and completeness, edit or modify any Your Data to determine its accuracy, completeness or whether it may result in any liability to any third party. You hereby warrant that You have the rights to provide and use all Your Data in the manner set out in these Terms. You hereby indemnify Us for any breach by You of this clause 18.2.
17.3 We take measures to ensure that Your Data is kept secure and is kept for the duration of Your use of the Services, subject to any restrictions or time limitations as We may communicate to You. Unfortunately, the transmission of information via the internet and its subsequent storage is not completely secure. Although we will do our best to protect Your Data, we cannot guarantee the security of Your Data when transmitted by You to Us, or stored using the Services; any such transmission or storage is at Your own risk. Once we have received Your Your Data, we will use our own strict procedures and security features to try to prevent unauthorized access but we can not guarantee that breaches of security or corruption of Your Data will not occur.
18 FORCE MAJEURE
18.1.1 Neither party shall be liable to the other party for any delay in or failure to perform any or all of its obligations under this Agreement if the delay or failure is due to circumstances beyond its reasonable control including nuclear accident, war or terrorist activity, acts of God, civil commotion, or compliance with any law or governmental order or regulation (“Force Majeure”) except that:
126.96.36.199 neither lack of funds nor a default or misconduct by any third party employed or engaged as an agent or independent contractor by the party claiming Force Majeure shall be a cause beyond the reasonable control of that party unless caused by events or circumstances which are themselves Force Majeure; and
188.8.131.52 mere shortage of materials, equipment or supplies shall not constitute Force Majeure unless caused by events or circumstances which are themselves Force Majeure.
18.1.2 A party suffering an event of Force Majeure shall promptly notify the other party of the nature and extent of the Force Majeure and if it prevails for a continuous period in excess of one month the other party may terminate this Agreement forthwith by notice in writing to the party so prevented in which case neither party shall have any liability to the other except that rights and liabilities which accrued prior to such termination shall continue to subsist.
19.1 You may print and keep a copy of these Terms, which form the entire agreement between You and Us and supersede any other communications or advertising with respect to the Device and/or the Services.
19.2 We may update or revise these Terms from time to time by amending the Terms page on our Website. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on You. Your continued use of the Services shall be deemed Your acceptance of such change(s) in respect of the updated or revised Terms. If, on receipt of such notice, You wish to terminate Your agreement with Us You may do so by giving Us not less than seven (7) day’s notice, such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect. For the avoidance of doubt, in the event that You decide to terminate Your agreement with Us in accordance with this clause 19.2c, You shall be entitled to a refund of any unused portion of the Price, calculated pro rata, provided We receive such demand for a refund from You within 14 days of receiving Your notice to terminate.
19.3 These Terms and their performance shall be governed by and construed in accordance with the laws of Philippines and the parties hereby submit to the non-exclusive jurisdiction of the courts of Philippines. If You live outside the Philippines law shall apply only to the extent that it does not deprive You of any legal protection accorded under the law of the place where You are habitually resident. If Philippines law deprives You of any legal protection which is accorded to You under Your local law, these terms will be governed by Your local law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where You are habitually resident.
19.4 You shall comply with all foreign and local laws and regulations which apply to Your Use of the Device and/or the Services in whatever country You are physically located, including without limitation, consumer law, export control laws and regulations.
19.5 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
19.6 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of these Terms.
19.7 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Us and such third parties shall not be entitled to enforce any term of these Terms against Us.