terms of Service

WishingWell Terms of Service

Date: 13 August 2019

WishingWell is a provider of digital advertisement services for users around the world. Please read the Terms of Use to understand what the use of Wishing Well entails. By installing, accessing or using our applications, our services, our functions, our software or our website (globally the “Services”), we accept the “Terms of Use” (“Terms”).

About our services

Registration. To register with our Services, you must use correct data, must provide your current mobile phone number and, if you change it, update it using the number change feature within the application . You agree to receive the codes to register with our Services via text messages (from us or from third-party providers).

Address Book. You will provide access to the phone numbers of contacts in your phone book as a result of a specific authorization request. You confirm that you are authorized to provide us with these numbers to enable us to provide our Services.

Age. You must be at least 13 years old to use the Services (or older age required in your country to be authorized to use our Services without parental consent). In addition to having the minimum age required to use our Services according to applicable laws, if you are not the age required to accept the Terms in your country, your parent or guardian must accept them on your behalf.

Devices and software. You must obtain certain devices, software, and data connections to use our Services, which we otherwise cannot provide. For as long as you use our Services, you agree to download and install updates to our Services, even automatically.

Costs and taxes. You are responsible for your carrier’s data plan and the other costs and fees associated with your use of our Services.

Disclaimer

Wishing Well’s parties will not be liable to you for cease-and-deserving gain or consequential, special, punitive, indirect or accidental damages related to, arising from or related to our terms, to us or to our services, even if the parties Wishing Well had been alerted to the possibility of such damages. These liability exclusions of certain damages and liability limitations will apply as required by applicable laws. It is possible that the laws of some states or jurisdictions may not allow exclusions or liability restrictions of certain damages, so some or all of the above exclusions and liability restrictions may not apply in derogation to any contrary provision contained in our terms, in such cases the liability of the parties of wishing Well will be limited as permitted by applicable laws.

Wishing Well provides the only service to connect users with each other and them with e-commerce platforms. Therefore, Wishing Well accepts no responsibility for physical and moral damage, disruptions, delays and problems of any kind related to the services provided by the e-commerce platforms themselves, the products they sell or the services of the logistics companies linked to them.

Wishing Well provides users with a list of collection points corresponding to merchants who make themselves available, for payment of a fee, to accept deliveries instead of the users who request the service. Wishing Well takes no responsibility for the actual existence, availability in certain time slots and good faith of such exercises. It will therefore be the care of the user who intends to use this service to ensure that the appropriate conditions for the use of the service exist.

Reporting abuse. Nevertheless, any abuse linked to this service can be reported to Wishing Well’s management through the appropriate function on the user profile page. It will be our responsibility to prevent the re-examination of any abuse as a result of appropriate audits and we reserve the right to report cases deemed to be of judicial interest to the relevant authorities.

Availability and outage

Availability ofour Services. Our Services may be interrupted, including maintenance, repairs, upgrades, or network or equipment issues. Wishing Well reserves the right, at any time, to no longer provide some or all of the Services, including certain features and assistance for certain devices and platforms. Our Services may be affected by events beyond our control, such as natural disasters and other major force events.

Resolution. Wishing Well reserves the right to modify, suspend or not allow you access to the Services or use them at any time and for any reason, for example in cases where the form and substance of our Terms is not respected or are risks, damages or possible legal consequences for us, our users or third parties. The following provisions will continue to remain in place as a result of the termination or expiry of the wishing well contract: “Licenses”, “Disclaimers”, “Responsibility Limitation”, “Compensation”, “Dispute Resolution”, “Availability and disruption of services,” “Other provisions,” and “Special Arbitration Provision for U.S. or Canada Users.”

Other provisions

Unless otherwise established by an agreement between you and Wishing Well, our Terms represent the entire agreement regarding Wishing Well and our Services and replace any previous agreements.
Wishing Well reserves the right to ask you to accept additional conditions in the future for certain Services, which will prevail in the event of a conflict between our Terms and those additional conditions.
Our Services are not intended for distribution or use in countries where such distribution or use does not comply with local laws or subject us to compliance with regulations of other nations. Wishing Well reserves the right to limit its Services in any country.
You are committed to complying with all applicable export control laws and trade sanctions issued by the United States and not issued by the United States (“Export Laws”). You must not, directly or indirectly, export, re-export, provide or otherwise transfer our Services: (a) to individuals, entities or countries prohibited under the Export Laws; (b) to anyone on the restricted party lists of the United States or other countries; (c) for purposes prohibited by export laws, including applications related to nuclear, chemical or biological weapons or missile technology without the necessary government authorization. You agree not to use or download our Services if you are in a restricted country, if you are currently on the restricted party lists of the United States or other countries or for purposes prohibited by the Export Laws or to use IP proxy or other methods to counterfeit its location.
These Terms were originally written in English (USA). Translated versions are provided for information only. If there is a conflict between any of the translated versions of our Terms and the English version, the English version will prevail.
Any change or waiver of these Terms requires our explicit consent.
Wishing Well reserves the right to modify or update these Terms. We will communicate the changes as appropriate and update the “Last Modified” date at the top of the Terms. Continuous use of the Services will result in the acceptance of the Terms as modified. If you do not accept the Modified Terms, you must stop using the Services. We recommend periodic consultation of our Terms.
All of our rights and obligations specified in these Terms may be freely transferred to our affiliates in the event of a merger, acquisition, restructuring or sale of assets or succession provided by law or other Operation. Wishing Well also reserves the right to transfer your information to your affiliates, lawsuits, or a new owner.
You agree not to transfer any of your rights or obligations specified in these Terms without our prior written consent.
None of the provisions of these Terms will preclude us from complying with the law.
With the exception of the provisions present, the Terms do not constitute any right to third-party beneficiaries.
Failure to apply any part of these Terms is in no way a waiver.
If one of the provisions of these Terms were to be considered illegal, null or unenforceable for any reason, the applicability and validity of the other provisions contained in these Terms will not be in any way prejudiced.
We reserve all rights that are not expressly granted. In some jurisdictions, you may have legal rights as a consumer, and the Terms are not intended to limit those legal rights of consumers that may not be waiverable by contract.
Comments or suggestions relating to Wishing Well and our Services are always welcome. However, you should be aware that we may use them without any obligation to compensate you (in the same way that you are not obligated to provide them).

Managing user information

If you want to manage, edit, restrict, or delete your information, you can do so using the following tools:

Profile Settings You can edit your profile information to manage certain information that is available to other users. You can manage contacts, groups, and broadcast lists, or use the friend removal feature to manage the users you communicate with.

You can also change your name, profile picture, and status at any time.

Delete the WishingWellaccount. You can delete your Wishing Well account at any time (including if you wish to revoke Wishing Well’s consent to use your information) by sending an email to privacy-wishingwell.cloud . When you delete a Wishing Well account, undelivered gifts and other information no longer needed for the operation and supply of the Services will be deleted from our servers. Note that by deleting our Services from your device without using the way described above, the information may remain stored for a longer period. You should also be aware that when you delete your account, the information held by other users will not change, as well as the copy of the gifts sent in their possession.

Acceptable use of our services

Terms and Information. You must use our Services in accordance with our published Terms and Policies. In the event that your account is disabled due to a violation of our Terms, you agree not to create another account without our permission.

Use in accordance withthe law and acceptable. You must access our Services and use them exclusively for law-aline, authorized and acceptable purposes. You are committed not to use (or assist third parties in using) our Services in ways that: (a) violate or do not respect or misuse the rights of Wishing Well, our users or third parties, including privacy, the right to publish, the intellectual property or other industrial privateing rights; (b) be illegal, obscene, defamatory, threatening, intimidating, annoying, threatening, threatening, abusive, abusive towards a race or ethnicity, or promoting or encouraging illegal or inappropriate behaviour, including the promotion of violent crimes; (c) involve posting false or misleading content or misleading statements; (d) impersonate another person; (e) involve sending illegal or disallowed communications such as mass messages, automated messages, calls from automated systems or the like; (f) imply the non-personal use of our Services, except as expressly provided for by us; (g) engage in bullying behaviour towards other users through our application

Damage to Wishing Wellorusers. You do not have to (or assist third parties to) access, use, modify, create derived jobs, distribute, license sub-licensing, transfer, view, run, or otherwise take advantage of our Services in a non-non-performing manner. allowed or unauthorized or that damages, compromises or harms us or our Services, systems, users or third parties, including, directly or with automatic tools, it should not: (a) rebuild, alter, modify, create derivative works, destructure or derive code from our Services; (b) send, store or transmit viruses or other malicious codes to computers through our Services or within them; (c) get or try to gain unauthorized access to our Services or Systems; (d) interfere with the performance of our Services or their integrity; (e) create accounts for our Services using unauthorized or automated tools; (f) collect or about our users’ information in an unauthorised or unauthorized manner; (g) sell, resell, rent or charge for our Services; (h) Deploy or make our Services available through a network that allows them to be used simultaneously by multiple devices.

Accountsecurity. You are responsible for the security of your device and Wishing Well account and you must notify us in a timely manner about any unauthorized use or security breaches of your account or our Services.