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Terms and Conditions

Last updated: August 03, 2024

Weeshr App Limited builds technologies and services that allow people to give and accept gifts, connect, create, and join communities. These Terms govern your use of Weeshr App, and other related products, features, apps, services, technologies, and software we offer (collectively referred to as "Weeshr Products" or "Products"), except where specific terms apply that differ from these.

Weeshr App Limited charges you specified percentage fees for every wish created on the platform. By using our Products, you agree that we can charge you fees according to our mode of operations based on wishes you created and are contributed to. We use your personal data to give better experience on the platform.

We do not sell your personal data to advertisers, nor do we share information that directly identifies you (such as your name, email address, or other contact information).

Our Privacy Policy outlines how we collect and use your personal data to help determine the best experience for you. You can visit the settings pages of the relevant Weeshr Product at any time to review and adjust your privacy choices.

These Terms and Conditions ("Terms") govern your access to and use of the Weeshr mobile application ("Application"), website ("Website"), and related services (collectively referred to as the "Service") provided by Weeshr App Limited ("Company", "We", "Us", or "Our"). By accessing or using the Service, you ("You", "Your", or "User") acknowledge and agree to be bound by these Terms. If you do not agree to any provision of these Terms, you must immediately cease using the Service.

1. Interpretation and Definitions

1.1 Interpretation

The words in which the initial letter is capitalized have meanings defined under the following conditions. These definitions shall apply whether the words appear in the singular or plural form.

1.2 Definitions

  • Account: A unique account created by You to access Our Service or parts of Our Service.
  • Affiliate: Any entity that controls, is controlled by, or is under common control with the Company, where "control" means ownership of internally specified shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
  • Application: The Weeshr mobile software program provided by the Company for use on various devices.
  • Company: Refers to Weeshr App Limited, a company registered and operating at Oluwalogbon House, Testing Ground Bus Stop, Obafemi Awolowo Way, Ikeja, Lagos.
  • Content: Refers to any and all content posted, uploaded, shared, or otherwise made available through the Service, including but not limited to text, images, videos, audio, graphics, and software.
  • Device: Refers to any device capable of accessing the Service, such as a smartphone, tablet, computer, or other electronic devices.
  • Service: Refers to the Application, Website, and any related services offered by the Company.
  • Third-party Services: Refers to any services, applications, content, or websites not owned or controlled by the Company that may be accessed through the Service.
  • User: Any individual or legal entity accessing or using the Service.

2. Acceptance of Terms

By accessing or using the Service, You represent that You have read, understood, and agree to be bound by these Terms. If You do not agree to any provision of these Terms, You must refrain from accessing or using the Service.

If You are using the Service on behalf of a legal entity, You represent and warrant that You have the authority to bind that entity to these Terms, and references to "You" shall refer to both the entity and the individual accessing the Service.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, You must create an Account by providing accurate, complete, and up-to-date information. You agree to update Your information as necessary to maintain its accuracy. Failure to provide accurate information may result in the suspension or termination of Your Account.

3.2 Account Responsibilities

You are responsible for maintaining the confidentiality of Your login credentials, including Your username and password. You are solely responsible for all activities that occur under Your Account, whether authorised by You or not. You agree to notify the Company immediately of any unauthorised access or use of Your Account.

3.3 Eligibility

To use the Service, You must be at least 18 years old or the age of majority in Your jurisdiction, whichever is greater. If You are under 18, You may only use the Service under the supervision of a parent or guardian who agrees to be bound by these Terms. If You are creating an Account on behalf of a legal entity, You represent and warrant that You have the authority to bind that entity to these Terms.

4. Use of the Service

4.1 License to Use the Service

The Company grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal or internal business purposes, subject to these Terms. This license does not include any rights to modify, distribute, sell, or sublicense the Service or any part of it.

4.2 Prohibited Conduct

You agree not to:

  • Use the Service for any illegal, harmful, or fraudulent purpose.
  • Violate any applicable laws, regulations, or the rights of third parties.
  • Engage in any activity that could disable, disrupt, or harm the Service or its infrastructure.
  • Use any automated means to access or scrape data from the Service without Our prior written permission.
  • Upload or distribute viruses, malware, or other harmful software.
  • Post any content that is defamatory, abusive, harassing, obscene, or otherwise objectionable.
  • Misrepresent Your identity or impersonate any individual or entity.

4.3 Suspension and Termination of Use

The Company reserves the right to suspend or terminate Your access to the Service at any time, with or without notice, for violating these Terms or for any other reason, including if We believe Your use poses a risk to the security or integrity of the Service. Upon termination, all rights and licenses granted to You under these Terms will cease immediately.

5. User-Generated Content

5.1 Responsibility for Content

You are solely responsible for any content that You post, upload, or otherwise make available through the Service. You represent and warrant that You have the rights and permissions necessary to post such content and that Your content does not infringe upon any third-party rights, including intellectual property or privacy rights.

5.2 License to Use User Content

By posting or sharing content through the Service, You grant the Company a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, distribute, display, and perform Your content for the purposes of operating, promoting, and improving the Service.

5.3 Content Removal

We reserve the right to remove or disable access to any content that violates these Terms, is illegal, or that We believe may harm Our users, the Company, or third parties. However, We are not obligated to monitor or remove any specific content.

6. Payments, Subscriptions, and Refunds

6.1 Payment Terms

Certain features of the Service may require payment. By making a payment, You agree to provide accurate and complete payment information and authorize the Company or its third-party payment processors to charge the specified amount to Your payment method.

6.2 Subscription Plans

Some portions of the Service may be offered on a subscription basis. By subscribing, You agree to pay the applicable fees in accordance with the billing cycle provided during the subscription process. Subscription fees are non-refundable, and cancellations will only take effect at the end of the current billing period unless otherwise specified.

6.3 Changes to Pricing and Subscription Plans

The Company reserves the right to change pricing and subscription plans at any time. In the event of a price change, existing subscribers will be notified in advance and given the option to continue their subscription under the new terms or cancel their subscription.

6.4 Refunds

Except where required by law or specifically stated by Us, all payments made to the Company are non-refundable. Any disputes or issues regarding payments or refunds should be directed to Our support team.

7. Intellectual Property Rights

7.1 Ownership of Content and Materials

All content and materials available on the Service, including but not limited to text, graphics, images, software, code, and trademarks, are the intellectual property of the Company or its licensors. The use of such content is governed by these Terms and applicable intellectual property laws.

7.2 License Restrictions

Except as expressly permitted in these Terms, You may not copy, modify, distribute, sell, sublicense, or create derivative works of any content or materials on the Service. Any unauthorized use of the content or materials may violate intellectual property laws and result in legal consequences.

8. Third-Party Services and Links

The Service may include links to third-party websites, applications, or services that are not owned or controlled by the Company. These links are provided for Your convenience, and We do not endorse or assume any responsibility for the content, privacy policies, or practices of third-party services. Your interactions with third-party services are governed by their respective terms and conditions.

9. Limitation of Liability

9.1 No Liability for Damages

To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses arising from or related to Your use of the Service, even if We have been advised of the possibility of such damages.

9.2 Limitation of Remedies

In no event shall the Company’s total liability to You for all claims arising from or related to Your use of the Service exceed the amount You have paid to Us in the twelve (12) months preceding the date of the claim.

10. Disclaimer of Warranties

10.1 No Warranty

The Service is provided "as is" and "as available" without any warranties or guarantees, express or implied. The Company makes no representation or warranty that the Service will meet Your requirements, be available without interruption, or be free from errors, defects, or security vulnerabilities.

10.2 No Endorsement

The Company does not endorse, approve, or verify any content or materials posted by users or third parties on the Service. All such content is the responsibility of the individual or entity that provided it.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from Your use of the Service, Your breach of these Terms, or Your violation of any applicable law or third-party rights.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or the Service shall be resolved exclusively through arbitration in Lagos, Nigeria, in accordance with the rules of the Arbitration and Conciliation Act.

13. Changes to These Terms

We may update these Terms from time to time to reflect changes in Our policies, practices, or legal requirements. When We make material changes, We will notify You by posting the revised Terms on the Service and updating the "Last updated" date. Your continued use of the Service after the changes take effect signifies Your acceptance of the new Terms.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

15. Contact Information

If You have any questions or concerns about these Terms, You can contact Us:

  • By email: hello@weeshr.com
  • By mail: Oluwalogbon House, Testing Ground Bus Stop, Obafemi Awolowo Way, Ikeja, Lagos, Nigeria.

These Terms and Conditions constitute the entire agreement between You and the Company regarding Your use of the Service and supersede any prior agreements or understandings.