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Click to review Privacy WEAVAD.pdf
WEAVAD operates a platform and community marketplace that helps people to find, discover and book unique artists, create and manage projects around the world, whether through our website or our mobile applications (“Platform”).
1 WEAVAD (“We”) are committed to protecting and respecting your privacy:
a This policy (together with our Terms and Conditions) set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us;
2 WHAT TYPES OF INFORMATION DOES WEAVAD GATHER ABOUT ITS USERS?
We may collect and process the following information about you:
a Information you give us. We receive, store and process
information, including Personal Information, that you make available to us when accessing or using our Platform and Services. Examples include when you:
You may give us information about you by filling in forms on the Website or by corresponding with us by phone, e- mail or otherwise. This includes information you provide when you register to use the Website, subscribe to our service, participate in discussion boards or other social media functions on the Website and when you report a problem with the Website. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information as well as any information about your business where you create a business profile;
b Information that we collect about you and we get from your use of our Platform.
With regard to each of your visits to the Website we may automatically collect the following information:
i technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
ii information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from the Website (including date and time); pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away
from the page and any phone number used to call
our customer service number.
2 Information we receive from other sources. You will be required
to create an account with our payment service provider MangoPay and provide your bank details and possibly your debit/credit card details to them. WEAVAD will not receive any debit/credit card or bank account information.
3 We also work closely with additional third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
3 COOKIES AND TRACKING
2 A cookie is a small file of letters and numbers that we store on your browser or (if you agree) the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.
3 We use the following cookies:
a Strictly necessary cookies. These are cookies that are
required for the operation of the Website. They include, for example, cookies that enable you to log into secure areas of the Website, use a shopping cart or make use of e-billing services. If you block these cookies, the Website will not operate properly;
b Analytical/performance cookies. These cookies allow us to recognise and count the number of visitors and to see how visitors navigate around the Website when they are using it. This helps us to improve the way the Website works, for
example, by ensuring that users are finding what they are
looking for easily;
c Functionality cookies. These cookies are used to recognise
you when you return to the Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region);
d Targeting cookies. These cookies record your visit to the Website, the pages you have visited and the links you have followed. We will use this information to make the Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You may block cookies by activating the setting on your browser that allows you to refuse the operation of all or some cookies. However, if you use your browser settings to block all cookies (including without limitations strictly necessary cookies) you may not be able to access or use all or parts of the Website and its functionality.
While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for WEAVAD services on Third-Party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.
We may, either directly or through Third Parties we engage to provide services to us, also continue to track your behavior on our own Platform for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to
enable you to use and access the Platform and pay for your activities on the Platform. We may also, either directly or through Third-Parties we engage to provide services to us, track your behavior on our own Platform to market and advertise our services to you on the Platform and Third-Party websites.
4 USES MADE OF THE INFORMATION
1 We use information held about you in the following ways:
a Information you give to us. We will use this information:
i to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
ii to provide you with access to our Services and allow other users to view your profile and other publicly available information published by you on the Website;
iii to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. Enable you to communicate with other Members, including but not limited to by sending them messages or other information during the process;
iv to enable you to interact with other users of the Website to your mutual advantage;
v To send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you, ensure that content from the Website is presented in the most effective manner for you and for your computer;
vi to enable us or MangoPay to set up transfers between Registered User’s Wallets and Bank Accounts;
b Information we collect about you. We will use this information:
i to administer the Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
ii to improve the Website to ensure that content is presented in the most effective manner for you and for your computer;
iii to allow you to participate in interactive features of our Services, when you choose to do so;
iv as part of our efforts to keep the Website safe and secure;
v to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
vi to make suggestions and recommendations to you and other users of the Website about goods or services that may interest you or them.
c Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
5 DISCLOSES OR SHARES YOUR PERSONAL INFORMATION, AND TO WHOM
1 We may transfer, store, use and process your information, including any Personal Information, to countries outside of the European Economic Area (“EEA”) including the United States and possibly other countries. By using the Platform, you consent to transferring your data to these countries. Please note that laws vary from jurisdiction to jurisdiction, and so laws and regulations relating to privacy and data disclosure, applicable to the places where your information is transferred to or stored, used or processed in, may be different from the laws and regulations applicable to the place where you are resident.
2 We may share your information with selected third parties including:
a business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you, for example, our payment service provider;
b advertisers and advertising networks that require the information to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience;
c service providers that require the information to provide their services to you;
d analytics and search engine providers that assist us in the improvement and optimisation of the Website; and
e credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
3 We may disclose your personal information to third parties:
a in the event that we sell or buy any business or assets, in
which case we may disclose your personal data to the
prospective seller or buyer of such business or assets.
b if WEAVAD or substantially all of its assets are acquired by a
third party, in which case personal data held by it about its
customers will be one of the transferred assets.
c if we are under a duty to disclose or share your personal
data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions and other agreements; or to protect the rights, property, or safety of WEAVAD, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
4 We may sell data derived from usage of the Website and views and downloads of pages, profiles and adverts on the Website which will always be in aggregated and anonymised form to customers, purchasers and retailers.
5 When you enter information into the Website, the Website will indicate whether that information will be made public or will remain private. Please remember that all information published on your profile and on social media profiles is viewable by the public.
6 WHERE WE STORE YOUR PERSONAL DATA
2 All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
1 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.
2 The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
1 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of 15 CHF to meet our costs in providing you with details of the information we hold about you.
Click to review WEAVAD Terms.pdf
Terms and conditions
1. These terms and conditions (the “Terms”) set out the terms on which you may make use of our website at www.weav-ad.com (the “Website”), whether as a guest or a registered user (a “Registered User”) and the services provided by us through the Website (the “Services”). Use of the Website includes accessing, browsing, or registering to use the Website.
2 Please read these Terms carefully before you start to use the Website, as these will apply to your use of the Website. We recommend that you print a copy of these Terms for future reference.
3 By using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Website.
1 These Terms are split into three sections as follows:
a Part 1 – General Terms. This section applies to all users of
b Part 2 – Payment Terms. This section applies to all users of
the Website who have registered as a Registered User of
the Website and work for money with clients.
c Part 3 – Agency Terms. This section applies to all
Registered Users of the Website who are also Agency
found at the bottom of the Website) which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
3 Part 1 – General Terms
4 Information about us
www.weav-ad.com is a website operated by WEAVAD Inc. (“We”). We are registered in Switzerland under company number OW-486-2016 / BL and are located at Oberbergstrasse 91d, 6390 Engelberg.
5 Changes to these terms of website use
1 We may revise these Terms from time to time by amending this page. We will notify you of any changes to these Terms by sending an email to the address recorded by you when you registered with the Website or by posting a message on the Website.
2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
6 Changes to the Website
1 We may update the Website from time to time, and may change any content published on the Website at any time. However, please note that any content on the Website may be out of date at any given time, and we are under no obligation to update it.
2 We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
7 Accessing the Website
1 The Website is made available free of charge. Access to certain services made available through the Website and access to certain areas of the Website may be subject to a charge.
2 You must be at least 13 years old to use the Website. If you are at least 13, but are a minor in the jurisdiction in which you access the Website, you must have your parent or guardian’s consent to
use the Website. Please ask your parent or guardian to read
3 You are responsible for making all arrangements necessary for
you to have access to the Website.
4 You are also responsible for ensuring that all persons who access
the Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
8 Licence to use the Website and the Services
1 WEAVAD grants you a limited, non-exclusive licence to access and use the Website for the purpose of publishing and showcasing your own creative works to the Website and networking with other users of the Website.
9 Licence granted by you
1 You retain ownership of all Content (as defined in paragraph 12.1) submitted by you to the Website. By submitting videos (“Video Content”) photos (Photo Content), designs (Design Content) , you grant WEAVAD and its affiliates a limited, worldwide, non-exclusive, loyalty-free licence and rights to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created) and make derivative works from your Video, Photo and Design Content for the purposes of:
a displaying the Video, Photo and Design Content on the Website;
b displaying the Video, Photo and Design Content on third party websites and applications through an embedded video or any API we may operate in each case in accordance with your privacy settings;
c allow other users to play, download and/or embed on third party websites such Video, Photo and Design Content, subject to your privacy settings;
d promote the Website or our Services so long as you have set such Video, Photo and Design Content as publicly viewable; and
e archiving or preserving such Video, Photo and Design Content including for the purposes of disputes, legal proceedings or investigations.
2 In respect of all Content that is not Video, Photo and Design Content, you grant WEAVAD and its affiliates a licence identical to that in respect of Video, Photo and Design Content and the same rights as detailed in paragraph 8.1.
3 By uploading any Content to the Website you waive all “moral rights” in such Content (whether non Video Content or Video Content).
4 You grant all users of the Website permission to view your Content (whether Video Content or non Video Content) for their personal, non-commercial purposes.
5 The foregoing licences are in addition to any licence you may decide to grant (including without limitation, any Creative Commons Licence).
10 Your account and password
1 If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
2 We encourage you to use your real name as your username when registering with the Website. If you are a business, government or non-profit entity, you must use the actual name of your organisation. You may not use someone else’s name, a name that infringes any third party right, or a name that is obscene or otherwise objectionable.
4 If you know or suspect that anyone other than you knows your password, you must promptly notify us.
11 Intellectual property rights
1 We are the owner or the licensee of all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to any Content posted on the Website.
3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4 Our status (and that of any identified contributors) as the author or publisher of Content on the Website must always be acknowledged.
5 You must not use any Content belonging to a third party and appearing on the Website for commercial purposes without obtaining a licence to do so from us, our licensors or the relevant third party.
6 If you print off, copy or download any part of the Website in breach of these Terms, we may cancel your right to use the Website in which case you must, at our option, return or destroy any copies of the materials you have made.
7 If you believe that your copyright or other intellectual property rights have been infringed, please send us a notice by email entitled “Copyright Infringement”.
8 On receipt of a notice pursuant to paragraph 10.7, WEAVAD will promptly remove any infringing Content from the Website in accordance with applicable legislation.
12 Acceptable Use
1 You may use the Website only for lawful purposes. You may not use the Website:
a in any way that breaches any applicable local, national or international law or regulation;
b in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c for the purpose of harming or attempting to harm minors in any way;
d to send, knowingly receive, upload, download, use or re- use any material which does not comply with the provisions relating to content in our Terms of Website Use;
e to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
f to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2 You also agree:
a not to reproduce, duplicate, copy or re-sell any part of the
Website communicated through the Website in
contravention of the provisions of these Terms;
b not to access without authority, interfere with, damage or
i any part of the Website;
ii any equipment or network on which the Website is
iii any software used in the provision of the Website; or iv any equipment or network or software owned or used
by any third party.
13 Content standards
1 These content standards apply to any and all material which you contribute to the Website (the “Content”), and to any interactive services associated with it.
2 You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Content as well as to its whole.
3 Content must:
a be accurate, complete and not misleading (where they
b be genuinely held (where they state opinions) and not libel
any person (whether living or dead);
c be original works or works which you are licensed and
authorised to publish in their entirety; and
d comply with applicable law in Switzerland and in any
country from which they are posted.
4 Content must not:
a contain any material which is defamatory of any person;
b contain any material which is obscene, offensive, hateful or
c promote sexually explicit material;
d promote violence;
e promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age;
f infringe any copyright, database right or trade mark of any
g be likely to deceive any person;
h be made in breach of any legal duty owed to a third party,
such as a contractual duty or a duty of confidence; or
i involve the operation of any lottery, sweepstake, game of chance or other regulated or restricted gambling activity;
j promote any illegal activity;
k be threatening, abuse or invade another’s privacy, or cause
annoyance, inconvenience or needless anxiety;
l be likely to harass, upset, embarrass, alarm or annoy any
m be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
n give the impression that they emanate from us, if this is not the case; or
o advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5 You warrant that any Content uploaded by you to the Website complies with the Content standards set out above, and you will be liable to us and indemnify us for any breach of that warranty.
6 Any Content you upload to the Website will be considered non- confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users of the Website a limited licence to use, store and copy such Content as you indicate is to be available to view by other users and to distribute and make such Content available to view by third parties.
7 We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
8 We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Website.
9 We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out herein or for any other reason.
10 The views expressed by other users on the Website do not represent our views or values.
1 The Website facilitates messaging and sharing of information in many ways, including without limitation via your profile, in- Website messaging and using external email.
2 You agree to comply with the requirements as to Content set out herein and our acceptable use terms. In particular, you agree not to spam or otherwise irritate or harass other users.
3 We are not obligated to publish any Content on the Website and can remove any such Content in our sole discretion, with or without notice.
1 We may from time to time make suggestions in respect of other users or projects that might be of interest or relevance to you. You have no obligation to contact or view these users or projects.
1 You may be able to provide feedback directly to other users and/ or recommend or review the services provided by other users. You must always act in an honest and legitimate way when giving any feedback or review and in particular must not post unfair, inaccurate or libellous statements about other users.
2 In providing services through the Website, you irrevocably agree to other users being able to review those services using any review tools WEAVAD may from time to time make available through the Website.
3 You acknowledge and agree that some reviews may not be positive and specifically disclaim any liability or claim against WEAVAD in respect of any review.
4 In the event that you believe that a review is unfair, misleading of libellous, you must contact the user who left the review to seek a resolution. If the dispute cannot be resolved, you may contact WEAVAD. WEAVAD may in its sole and absolute discretion
remove any disputed review pending its judgment on the dispute
and/or a resolution to the dispute.
5 WEAVAD may in its sole and absolute discretion come to a
judgment on any dispute and, if it considers it appropriate, republish any disputed review. You irrevocably agree that any judgment by WEAVAD shall be binding in full and shall not be capable of challenge by any other person including without limitation any court.
1 We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Website. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
2 Failure to comply with these Terms constitutes a material breach of the Terms upon which you are permitted to use the Website, and may result in our taking all or any of the following actions without giving you any notice:
a immediate, temporary or permanent withdrawal of your right to use the Website;
b immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
c issue of a warning to you;
d legal proceedings against you for reimbursement of all
costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
e further legal action against you; and/or
f disclosure of such information to law enforcement
authorities as we reasonably feel is necessary.
18 No reliance on information
1 The Content on the Website is provided for general information only.
2 Although we make reasonable efforts to update the information on the Website and we may from time to time monitor Content published to the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
3 We are not responsible for any deficiency in any goods or services advertised or offered through the Website by any Registered User or third party and shall have no liability in respect of any such deficiency.
19 Limitation of our liability
1 We only provide a platform for our users to interact and work on projects together. We are not responsible for the successful completion of projects.
2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a use of, or inability to use, the Website; or
b use of or reliance on any Content displayed on the
4 If you are a business user, please note that in particular, we will
not be liable for:
a loss of profits, sales, business, or revenue;
b business interruption;
c loss of anticipated savings;
d loss of business opportunity, goodwill or reputation; or
e any indirect or consequential loss or damage.
5 If you are a consumer user, please note that we only provide the
Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Content on it, or on any website linked to it.
7 We assume no responsibility for the content of websites linked to the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them or any goods or services advertised via them.
1 WEAVAD provides the Website on an “as is” and “as available” basis. You therefor use the Website at your own risk.
2 WEAVAD expressly disclaims any and all warranties of any kind, whether express or implied, including without limitation the implied warranties of the merchantability, fitness for a particular purpose, non-infringement and any other warranty that might arise under any law.
3 Without limiting the foregoing, WEAVAD makes no representations or warranties:
a that the Website will be permitted and/or available in your jurisdiction;
b that the Website will be uninterrupted or error-free;
c relating to any third party’s use of the Content submitted by
d that any Content submitted by you will be made available
on the Website;
e that the Website or the Services will meet your business or professional needs; or
f that WEAVAD will continue to support any particular features of the Website.
4 To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied and statutory warranties will be limited in duration to a period of 30 days after you first use the Website and no warranties shall apply after such period.
1 We do not guarantee that the Website will be secure or free from bugs or viruses.
2 You are responsible for configuring your information technology, computer programms and platform in order to access the Website. You should use your own virus protection software.
3 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of- service attack or a distributed denial-of service attack. By breaching this provision, you might commit a criminal offence under Swiss Criminal Law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
22 Linking to the Website
1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3 The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page.
4 We reserve the right to withdraw linking permission without notice.
5 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use.
6 If you wish to make any use of Content on the Website other than that set out above, please contact us.
23 Third party links and resources in the Website
1 Where the Website contains links to other websites and resources provided by third parties (including without limitation any website of a Registered User of the Website), these links are provided for your information only.
2 We have no control over the contents of third party websites or resources.
1 You consent to receive all communications including notices, agreements, disclosers, or other information from WEAVAD electronically either by email or by posting them on the Website.
2 You may send notices of a legal nature to WEAVAD’s registered address as detailed at the beginning of these Terms.
25 General matters
1 Headings are for convenience only and shall not be used to construe these Terms.
2 If any of these Terms is found to be unenforceable by any court of competent jurisdiction, that Term shall be deemed severed from these Terms.
3 No failure or delay by WEAVAD in exercising any right hereunder shall be deemed to be a waiver by WEAVAD of such right.
4 WEAVAD’s rights remedies under these terms are cumulative.
5 These Terms are binding on and shall inure to be benefit of
WEAVAD and its users and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns.
6 Users may not assign any rights under these Terms without WEAVAD’s prior written consent.
7 No third party shall have any rights hereunder.
26 Terms, Termination and Account Deletion
1 These terms shall become effective on the earlier of; a you first accessing the Website; and
b registering as a Registered User.
2 You may delete your account at any time.
3 WEAVAD may suspend, disable or delete your account or block
or remove any Content thereon in accordance with the remainder
of these Terms.
4 Upon termination all licences granted by WEAVAD will terminate.
In the event of account deletion for any reason, Content submitted by you may be deleted and may no longer be available.
5 WEAVAD shall have no obligation to export or copy any Content to a third party service on termination or otherwise to provide you with access to or a download of any such Content.
27 Applicable law
1 If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by Swiss law. You and we both agree to that the court of Switzerland will have non- exclusive jurisdiction.
2 If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are
governed by Swiss law. We both agree to the exclusive jurisdiction of the court of Switzerland.
1 PART TWO – PAYMENT TERMS
1 In addition to offering basic (free) memberships, WEAVAD offers three types of premium subscription: (i) INDIVIDUAL (ii) COMMUNITY and (iii) PRO AD. The terms of each of the premium subscriptions (including features and pricing can be found at www.WEAD-AD.com/pricing
2 Features and prices may change from time to time. WEAVAD may add additional features from time to time or may remove features and/or replace them with similar or comparable features.
3 Any change in prices will take effect at the end of the relevant subscription period.
4 All subscription prices are quoted exclusive of VAT or other applicable sales tax payable in any jurisdiction.
5 When signing up for a premium subscription, you will be required to create an account with MangoPay.
6 MangoPay is the programming interface that facilitates the transfer and conversion of money and electronic money and provided by Leetchi Corp S.A, a société anonyme incorporated under Luxembourg law with a registered office at 14, rue d’Aldringen, L-1118, Luxembourg and Luxembourg company number B173459.
7 MangoPay is our payment services provider (“PSP”), and by creating an account, you accept the MangoPay General Terms and Conditions of Use (http://www.mangopay.com/wp-content/ blogs.dir/10/files/2013/06/EN-Terms-and-conditions-of- Mangopay-May-20131.pdf).
8 For the avoidance of doubt, if you are found to have breached the MangoPay General Terms and Conditions of Use, WEAVAD may terminate your account immediately.
3 Cancelations and refunds
1 Subject to the below, users who purchase a subscription may not cancel the subscription until the end of the subscription period selected at the time of purchase, or any renewal period. All purchases are final and all fees paid are non-refundable, even if an account is terminated by WEAVAD by reason of a breach by you of these Terms.
2 Failure to use any subscription or feature shall not entitle the account holder to any refund.
3 In the event that WEAVAD decides to terminate an account for any reason other than a breach of these Terms, WEAVAD shall refund any fees paid in respect of the balance of the subscription period.
1 At the end of each subscription period (and subsequent renewal periods), subscriptions will automatically renew for one or more renewal periods. The renewal period will be the same length as the original subscription period.
2 In the event that you do not wish a subscription term to renew, you must notify WEAVAD prior to the commencement of the renewal subscription period.
3 WEAVAD reserves the right to refuse to renew any subscription for any reason.
4 When a subscription is due to renew, WEAVAD (or our PSP) will automatically take payment for the relevant subscription price. In the event that WEAVAD (or our PSP) is unable to take payment, we may try to take payment a second time. In the event that we
are unable to take payment a second time, your subscription will be terminated.
5 End of subscription
1 At the end of any premium subscription, the account automatically becomes a basic (free) account. Any additional services previously accessible as part of the premium subscription may be disabled. This may prevent the accountholder from accessing or using certain Content.
2 If a subscription lapses, any projects will be frozen until such time as the subscription is re-activated and paid for.
6 Payment process
1 In order to purchase any premium subscription, you will be required to give your payment details to our PSP.
2 WEAVAD will not receive your payment details as these will be retained by our payment services provider.
3 You authorise our payment services provider to store your payment details.
4 You authorise WEAVAD and/or our payment services provider to take and continue taking all subscription fees from your payment method to avoid interruptions to Services and to facilitate easy payment for Services.
5 You can access invoices in respect of subscription fees in your user area. You can download, print and email such invoices via your personal payment page.
7 Third party services
1 A Registered User (the “Seller”) may offer his services (“Third Party Services”) to other Registered Users through the Website. A
Registered User (the “Buyer”) may order Third Party Services by
purchasing the Third Party Services.
2 Please note that any booking form signed or agreed between the
Seller and the Buyer is not legally binding. It will however be eligible as evidence in the event of a Dispute between the Buyer and the Seller.
3 WEAVAD charges a booking fee (the “Booking Fee”) in respect of any Third Party Services purchased through the Website. The Booking Fee is charged to both the Buyer and the Seller. The amount of the Booking Fee shall be as set out on the fees page at www.WEAV-AD.com/paymentterms as varied from time to time. The Booking Fee shall exclude any sums in respect of VAT which (if applicable) shall be charged and payable in addition to the Booking Fee.
4 When a Buyer orders Third Party Services, payment for those Third Party Services (the “TPS Amount”) is automatically debited from the Buyer’s e-wallet (“Wallet”) held with the PSP.
5 The Wallet is a Buyer or Seller’s individual virtual wallet on the website of the PSP from which a Buyer or Seller can add, transfer or withdraw money. The money held in these virtual wallets is physically held by the PSP.
6 The Buyer may be required to make a payment to its Wallet held with the PSP using its payment method in order to order Third Party Services.
7 There are three approaches to payment for Third Party Services:
a “pay now” where the Buyer is able to pay the some or all of
the TPS Amount at any time by clicking the “pay now” button the Website. In such circumstances, the Buyer’s Wallet held with the PSP is debited and the Seller’s Wallet held with the PSP is credited with the amount that has been paid;
b “payment on a scheduled date” where the Buyer is required to make payment on one or more scheduled dates. On the relevant scheduled date, the Buyer’s Wallet held with the PSP will be debited and the Seller’s Wallet held with the PSP will be credited with the amount that has been paid;
In order to make a payment to his Wallet, the Buyer will be led directly to the PSP interface to enter his debit or credit card details or bank account details to facilitate payment of the amount of the relevant amount in accordance with the provisions of this paragraph.
By providing his debit or credit details to the PSP, the User irrevocably authorises the PSP (as applicable) to demand, take and authorise payment of the TPS Amount.
In the event that the PSP is unable to take payment of the relevant amount due to there being insufficient funds in the bank account connected with the debit or credit card or the bank account provided to the PSP or for any other reason, the PSP shall be permitted to make two further attempts to take such payment.
Funds held in a Wallet shall not accrue interest.
Funds held by the PSP on your behalf are held in a segregated client account separate from any funds belonging to the PSP but co-mingled with funds held on behalf of other Users of the Website. The PSP complies with the applicable Swiss requirements relating to client money.
To withdraw funds from a Wallet, the Buyer or Seller must fill in his email address or username and password in the reimbursement form and provide any further information requested by the PSP. The reimbursement request becomes irrevocable when the User clicks on the validation button.
A charge on the transfer of funds to a Wallet from a debit or credit card shall be borne by the respective Buyer or Seller. The Buyer or Seller will generally be informed of this cost prior to making such transfer.
Any taxation on any transaction performed through the Platform is the responsibility of the relevant user.
If a Buyer or Seller believes an unauthorised transaction has occurred, he must notify WEAVAD as soon as possible or in any case, no later than 12 months from the date of the transaction. Users who do not notify WEAVAD within this timeframe shall automatically waive any right that they have had in relation to the disputed transaction.
17 After each transaction between a Wallet and the WEAVAD Escrow wallet, WEAVAD shall provide the following information to the Buyer who initiated the transaction:
a (a) the amount of the transaction and the purpose of the transaction; and
b (b) the date of receipt of the corresponding order and/or the date that the corresponding amount of money has been transferred.
18 When the Buyer and the Seller agree that the Third Party Services have been completed, the Seller shall generate an invoice which shall be sent to the Buyer through the Website.
19 When the Buyer orders Third Party Services it accepts an offer to provide the Third Party Services from the Seller. A contract directly between the Buyer and Seller is entered into to which WEAVAD is not a party. WEAVAD may take and hold payment as an agent on behalf of the Seller.
20 WEAVAD has no liability for any defect or failure in the provision of the Third Party Services by the Seller.
21 Any booking for Third Party Services may only be cancelled to the extent that work on the Third Party Services has not commenced as follows:
a within 24 hours of the time of the booking subject to retention by WEAVAD of the Booking Fee and any additional fees charged by MangoPay or the Buyer’s payment provider;
b within 48 hours of the time of the booking subject to retention by WEAVAD of the Booking Fee and any additional fees charged by MangoPay or the Buyer’s payment provider and retention by (or payment to) the Seller of 50% of the TPS Amount.
8 Refunds on Third Party Services No refund
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