TERMS AND CONDITIONS

 

Thank you for using Wakwat! We are glad to have you here. Please carefully read these Terms and Conditions before accessing or using Wakwat. Due to the importance of the contract between our Users and us, we have diligently laid out the Terms and Conditions as easy as possible.

 

Introduction - Defining the Terms

The “Agreement” jointly refers to all the terms, conditions, notices and instructions referenced or contained in this document (the “Terms and Conditions”) and every other operating rules, regulations and policies (including the Wakwat Privacy Policy available on the Site) and other necessary guidelines which we may occasionally publish on the Site.

The “Service” collectively refers to the software, applications, products, and services made available by Wakwat. “The User” (“You” or “Your”) implies the person, entity or corporate organization that has accessed or is currently using the Site or the Service; that visits or uses any section of the Account, or that directs the use of the Account regarding the performance of its functions.

“Wakwat” (“We” or “Us”) refers to Wakwat, Inc., our partners, associates, subsidiaries, directors, licensors, contractors, agents, officers, and employees.

 

ACCOUNT AND SECURITY

  • To access the Services, the User must have an account.
  • The User is responsible for maintaining the confidentiality of the login details (username and password).
  • By these Terms and Conditions, the User will retain maximum administrative control over the User Account and the Content contained therein.
  • Even if one particular account is used by multiple people in your household (i.e., when one couple shares an account and shares a username), one person claims “ownership” of the account. This owner can manage the account settings and the content contained therein. The owner is also fully responsible for all actions and activities carried out through that account.

 

We Can’t Let You Use the Service if You Are:

  • You are below 18 years of age: Children below the age are not eligible to access the Site or use the Services. We request that any person who is under this specified age should not submit any information to us. To this end, our Services are not directed towards anyone under the age of 18. Also, we do not collect personally identifiable information from Users who we know to be less than 18 years old. We should be promptly notified if we have requested or collected personally identifiable information from users below 18 years of age and we will duly delete such information.

  

  • You have been condemned or sentenced for a violent or sexually related criminal act: While we do not conduct individual background checks for all our Users, neither do we have the capability to identify individual Users, Wakwat cannot be held accountable for any incorrect declarations or statements made or given by a User. To this end, it is of great importance to apply some sensible precautions when meeting with other users. For instance, it is safe to inform a relative or close friend about any plan or meeting with another User; the meeting or engagement must also be held in public. 

 

  • You have been previously suspended from using our Services or any related services: Wakwat will not be responsible for actions of any nature committed by any User, including any such activities in the course of any events which are scheduled by Wakwat or by other entity using the Services.

  

Protecting the Neighborhood - User's Conduct

You consent that under no circumstances shall you post, upload, transmit or host any content that:

  • is illegal or supports illegal activities;
  • is or contains sexually explicit material;
  • is defamatory, libelous, or fraudulent;
  • is prejudiced or intolerant toward any individual or group;
  • contains any active or current malware or viruses, or uses the platform for exploits and exploit delivery (such as part of a command and control system); or
  • violates any intellectual proprietary rights of any party, including trademark, copyright, patent, trade secret, publicity rights, or other rights.

 

RESTRICTIONS - Be a Good Neighbor

While accessing or using Wakwat, you consent that under no circumstance shall you:

  • abuse, harass, threaten, or stimulate misconduct toward any person or group, including Wakwat officers, employees, and agents, or other Wakwat Users;
  • pretend to be another person or organization, including any of our representatives or employees, including through pretense with Wakwat, or by deceitfully misrepresenting your identity for the Services; or
  • breach the privacy of any third party, such as posting another person’s details without prior written consent.

Our Community Guidelines highlight what is expected of you as a good neighbor. We strongly recommend that you read and follow them.

 

PROVISIONS OF THE SERVICE

 

  • You acknowledge and consent that Wakwat may make modifications to, or stop providing, the Apps, the Sites and/or the Services, or limit the use of the Apps, the Sites and/or, at any time without prior notification to you.
  • You are exclusively responsible for all data, mobile carrier, SMS, telecommunications and internet fees and bills sustained as a result of your use of the Apps, the Site and the Services.
  • You acknowledge and consent that Wakwat can disable your account or deny you access to the Apps, the Sites and the Services, without prior notification to you, for any or no reason at all, including but not limited to any breach of these Terms and Conditions or if Wakwat speculates that you have accessed and used any portion of the Services to carry out any unlawful activity. If Wakwat disables your account, you may not be allowed to access the Services, your account details or any materials contained in your account.

  

LINKS TO EXTERNAL WEBSITES

Our Services may include links or attachments to other websites and materials provided by third parties (“Linked Websites”). The purpose of the Linked Websites is to provide information only and are exclusively for your convenience. Wakwat exercises no control over, neither do we accept or claim any responsibility for the products or content of such Linked Websites. Also, we do not claim or accept any responsibility for the loss or damage that may arise from your use of the Linked Websites.

If you decide to use the Linked Websites, you do so only at your sole risk and according to the terms and conditions, including the privacy policy of the Linked Websites.

Our Services may also contain promotions or advertisements from third parties. By permitting the third parties to advertise on our Services, Wakwat does not make any warranties or representations in respect or the products or the services advertised or promoted.

 

INDEMNIFICATION

If you have a dispute or misunderstanding with another User of the Service, you consent to free Wakwat from any demands, claims, and damages (consequential or actual) of any kind and nature, whether known or unknown,  arising in connection with such misunderstanding.

You accept to indemnify us, defend us and hold us harmless from and against all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from your use of the Site and the Service, including but not limited to your breach of this Contract, provided that Wakwat

  1. promptly gives you prior notification of the demand, claim, proceeding or suit.
  2. gives you exclusive control of the defense and settlement of the demand, claim, proceeding or suit (given that you may not settle any demand, claim, proceeding or suit except the settlement unconditionally frees Wakwat of all liability).
  3. makes available at your disposal all necessary assistance.

 

CHANGES TO THESE TERMS AND CONDITIONS

Wakwat reserves the exclusive right, at its discretion to amend or modify these Terms and Conditions at any time and will update these Terms and Conditions in the event of such amendments and modifications. We will duly notify you of any material changes to this Contract as necessary. For non-material amendments, your further use of the Site represents your consent to the revised Terms and Conditions. All changes to the Site and the Service can be viewed on the Site Repository.

We reserve the right at any time, as we deem it necessary to amend or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.

 

GOVERNING LAW

Except to the extent provided by the applicable law, otherwise, this Contract between you and Wakwat and any access to or use of the Site or the Service are governed by the Federal laws of the United States of America and the laws of the State of Texas, without regard to provisions of the conflict of the law. You and Wakwat consent to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Austin, Texas.

 

NON-ASSIGNABILITY

If any section of this Contract is considered to be invalid and unenforceable, that portion of the Contract will be interpreted to reflect the parties’ initial intent. The remaining sections will remain effective. Any failure by Wakwat to enforce any provision of this Contract will be deemed as a waiver of our right to enforce such provision. Our rights under this Contract will suffice beyond the cancellation of this Contract.