Terms and Conditions Agreement
Effective as of 1st of October 2020
This Terms and Conditions Agreement explains the terms and conditions under which you are able to use the App and Services provided by SIA “STAARTER». Please read carefully this Terms and Conditions document, and keep a copy of it for your reference.
BY UISNG OUR SERVICES OR ACCESSING ANY CONTENT THAT IS MADE AVAILABLE BY SIA “STAARTER” YOU EXPRESS YOUR AGREEMENT TO BE LEGALLY BOUND BY OUR TERMS AND CONDITIONS STATED IN THIS DOCUMENT, SO PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES AS YOU ARE ENTERING INTO A BINDING CONTRACT WITH SIA “STAARTER”, REG NR. 40203156866, ADDRESS: ELIZABETES IELA 39-20, RIGA, LV-1010, LATVIA. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT USE OR ACCESS OUR SERVICES.
ON THE TERRITORY OF THE REPUBLIC OF BELARUS SERVICES PROVIDER BY LLC “STAARTER LABS” REG NR. 193330925, ADDRESS: INTERNATSIONALNAYA STR. 20-A OFFICE 306, MINSK, 220030, BELARUS.
These Terms do not interfere with any obligation or authorization provided in any other agreement concluded between you and SIA “STAARTER” and you and LLC “STAARTER LABS”.
1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions Agreement:
‘Terms/Agreement‘ refers to the latest version of this Terms and Conditions Agreement document.
‘App‘ refers to the software application named WHYNOTT available for iOS and Android mobile devices.
‘Services‘ refers to the functionality of the App, content provided through the App, chat and other social networking options, and other services provided by WHYNOTT, as indicated in the App.
‘Platform‘ refers to App, and Services collectively.
‘User/You‘ refers to any person using or accessing our Platform.
‘Venue Administrator‘ refers to person registered as a Venue Administrator responsible for venue content and content moderation.
‘Venue’ a virtual object in WHYNOTT that corresponds to the actual location and name of the object (bars, clubs, restaurants, special events) In the location.
‘We/Us/WHYNOTT‘ refers to SIA “STAARTER” on the territory of the Republic of Belarus refers to LLC “STAARTER LABS”, the Platform, and their partners and affiliates.
‘Third-Party‘ refers to any application, website, natural or legal entity other than WHYNOTT.
‘Content‘ refers to all images, text, audio and video data or any other information located on the Platform.
‘User Generated Content‘ refers to the Content provided by the Users.
‘Information‘ refers to information about the Users themselves provided for the purpose of using our Services, contacting support or anonymous statistical information collected from the Users through cookies or third-party services.
‘Confidential Information‘ refers to any and all information disclosed between the parties of this Agreement in relation to the Services, and especially, without limiting, Content available only for registered Users. Confidential Information does not cover information that was known to either party prior to disclosure, information that was made available to the public or information which is intended and disclosed for the purpose of publishing.
2. General Provisions
2.1 WHYNOTT cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. WHYNOTT cannot and does not guarantee the 100% uptime for its Services. Services may be down (i) for scheduled maintenance, (ii) force majeure events, (iii) for specific Users because of the account suspension or termination, (iv) internet problems outside of the WHYNOTT area of influence, (v) bugs in code, hardware or Services without a commercially know fix. The Platform may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
2.2 During the use of the Services, WHYNOTT undertakes to provide customer support to the User as necessary and within its possibilities. User agrees that WHYNOTT is not responsible for issues whose cause does not come out of the Services, or Platform.
2.3 By registering for the use of the Services, you confirm that you are at least 18 years of age. By using our Services, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you will not use Services contrary to these Terms or applicable laws. If you access the Platform, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
2.4 If you are accessing our Services on behalf of a legal entity, you further confirm that (i) you have the appropriate authorization to accept the terms of this Agreement, (ii) you have the appropriate authorization to bind such legal entity by accepting this Agreement, (iii) legal entity on behalf of whom you accept this Agreement has full power to enter into this agreement and to perform obligations as defined herein.
2.5 We may not control who uses the Platform, so it is upon you to assess whether using the Platform is in compliance with any local laws and regulations. Whenever you are using our Platform, you will need to comply with these Terms and any applicable laws, regulations, and policies. If any part of the Platform is not in compliance with your local laws, you may not use the Platform. Any such Service will be considered as ‘not available in your region.’
2.6 The Platform is intended for use in the Republic of Belarus. You will only use the Platform in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, Republic of Belarus export control laws. By using the Services, you represent that you have not been designated by the local government as a person to whom the provisions of the Service are prohibited. Registration for, and use of, the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal in your jurisdiction.
(C) Registration and account
2.8 You may choose through your account settings to allow other Users to see that you are registered on the Platform. If you use this option, other Users who have your phone number will be able to see that you are registered on the Platform as well. You may change this setting at any time.
2.9 Your User account is for your personal and non-commercial use only. In creating your account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Platform. You may not impersonate someone else (e.g., adopt the identity of a friend or your co-worker or misrepresent your authority to register a Venue), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. When you use a username other than your own name, take care to note that others may still be able to identify you if, for example, people who know you may recognize your pictures, use the same account information on other sites, or allow other sites to share information about you.
2.10 If you have any question or suggestion about the Platform you can contact us at email@example.com, or if you have a question about the venues, you can contact the Venue administrator.
2.11 All payments on the Platform are conducted through third party service provider Assist LLC. You hereby accept that by making a purchase through our Platform, your personal information is being processed and handled in accordance with Assists’s security policies. We do not store or handle your payment information.
3. Acceptable Use Policy
(i) send or otherwise post unauthorized commercial communications (such as spam) through the Platform;
(ii) collect Users’ content or information, or otherwise access the Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) bully, intimidate, or harass any other User;
(v) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;
(vi) harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Platform;
(vii) take any action creating a disproportionately large usage load on our Platform unless expressly permitted by WHYNOTT;
(viii) post or transmit content that is misleading;
(ix) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
(x) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Platform;
(xi) post or transmit hyperlinks to other websites that violate these Terms;
(xii) facilitate or encourage any violation of these Terms.
3.2 Users may not use the Services in connection with any unauthorized commercial endeavors. Illegal and/or unauthorized uses of the Platform, including collecting usernames and/or email addresses of other Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Platform may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
3.3 If for any reason, your account, or any part thereof, is suspended, banned, restricted, blocked, terminated or otherwise disabled by WHYNOTT, you agree to abide by such decision. You may not create another account with the intent to bypass these limitations or attempt to circumvent any limitation imposed on your account without our permission. Any effort to evade these limitations may result in the termination of all current and future accounts you register.
4. Intellectual Property
(A) Proprietary Rights
4.1 The copyright and all intellectual property rights in the Platform belong to WHYNOTT or are used with appropriate permissions. It includes design, all database rights, trademarks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved. Nothing in this agreement shall be understood or intended for transfer of such intellectual property rights to you or any other third party.
4.2 Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform. Except as expressly permitted in this Agreement, you may not:
· copy, modify or create derivative works based on the Platform;
· distribute, transfer, sublicense, lease, lend or rent the Platform to any third party;
· reverse engineer, decompile or disassemble the Platform; or
· make the functionality of the Platform available to multiple users through any means.
(B) Notification of Infringement
4.3 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site or the App;
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
4.4 Our copyright agent can be reached as follows:
(C) User Generated Content
4.5 If you post content on or through the Platform, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such User Generated Content on the Platform and on any other marketing material we may create. Whenever we might use the User Generated Content we may, but are not obliged to, give appropriate credit to the content provider through their name. You irrevocably waive, and cause to be waived, against WHYNOTT and its Members any claims and assertions of moral rights or attribution with respect to User Generated Content which you provide.
4.6 We aim to provide a safe space for all our Users. However, considering how we do not monitor User Generated Content, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to Third-Parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Platform and the Services at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that WHYNOTT bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Platform. You further understand that by providing your content online, other people will have access to such content and they will be able to copy, share or otherwise interact with such content. If you do not want your content to be used as described the only remedy is to not share your content.
4.7 Users are advised not to assume that any User Generated Content, including but not limited to persons description and identity, is accurate. A person may not be who he or she claims to be. You should always exercise the same caution you would normally when you meet people. We cannot be liable for false or misleading statements by Users.
4.8 We may at any time suspend, ban, or terminate your access to our Platform if you provide content that is in violation of our Acceptable Use Policy. Immediately after you are reported for violating our Terms we will suspend your account. You may object to suspension by sending an email to firstname.lastname@example.org but we are under no obligation to respond or resume your access to the Platform.
(D) Third party content
4.9 Some content on the Platform, such as advertisement or promotions, may be provided by the Third-Parties. We are not responsible for such content, nor do we monitor or control content provided by the Third-Parties.
(E) Confidential Information
4.10 During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to WHYNOTT and WHYNOTT may disclose certain Confidential Information to the Users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.
(F) Apple and Android Devices
4.11 The following terms apply when you use Apps obtained from either the Apple Store or Google Play (each an “App Distributor“):
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a «terrorist supporting» country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
5. Promotions, Rewards, and Content Moderation
5.1 WHYNOTT may, but is not obliged to review the User Generated Content, nor does WHYNOTT undertake to take any action with regard to such Content. Venue Administrators are moderators of the group chats for their venues. In that sense they may delete User Generated Content, exclude Users from the chat, or temporarily or permanently ban Users from the chat. Certain Content may be provided by the Venue Administrators such as information, promotions, coupons, and similar.
5.2 Insofar where Content is provided by the Venue Administrators, WHYNOTT does not take any responsibility or obligation for such Content. This includes, without limitation, any promise, promotion, reward, game of chance, luck, or skill. Rewards, promotions or games may be subject to certain rules provided by the Venue Administrators. If you have any complaint, request, or question about such Content you need to address it to the Venue Administrator and not WHYNOTT. WHYNOTT is not responsible for providing any rewards or complying with any request made pursuant to the Content provided by Venue Administrators. WHYNOTT is furthermore not responsible for any missed opportunity, or false information that is caused by the malfunction of the Platform.
5.3 In contrary to the group chats, individual chats between the users are completely unmoderated by anyone. You are advised to take special care when interacting with other Users, even in cases where you believe you know the person with whom you chat. Online identities can easily be forged and you can never be certain that the person is who they claim to be.
5.4 Contests and games of chance provided by the Venue Administrators through the Platform are regulated by the Venue Administrator’s rules and the legislation of the Republic of Belarus. In no event will such contests and games be for cash or require any monetary compensation for entering. Rewards provided may not be exchanged for cash or other rewards. Coupons that you win will be automatically stored in your coupons wallet in the App and you can claim such coupons from the Venue Administrator. Coupons may have an expiration date after which it is no longer usable.
6. Buying coupons and payments
6.1 Venue Administrators can offer users to purchase coupons. Coupons can be exchanged for corresponding goods from Venue Administrator who issued them. Once purchased, coupons can be transferred to other users or exchanged for goods that are listed on the coupon. Coupons may have certain restrictions, such as expiration date or availability period, and they are at the discretion of the issuer. In the event that Venue Administrator currently does not have the goods that are indicated on the coupon, Venue Administrator may offer the User any other product of the same or higher value. Whynott will have no legal obligation to protect Users’ rights in relation to coupons.
6.2 Coupons may be subject to fees and charges as indicated on the Platform. Unless otherwise stated on the Platform, all prices are inclusive of VAT and other applicable taxes. If a coupon is listed at the wrong price due to typographical error or system error, we reserve the right to refuse or cancel any order placed on the coupon at the wrong price. You agree and authorize us to charge your bank card for the amount specified during checkout. All payments on the Platform are final and non-refundable. Unless otherwise provided by law, you also acknowledge and agree that by making a payment on the Platform, you waive your right to a refund.
6.3 Payments on the Platform are made by debiting funds from the User’s bank payment card. To pay for coupons, the User must link their bank card to the account in the Application by entering the bank card details on a special page of the Application. Payment for the services provided on the Platform is made through the Assist electronic payment system (link to the website – www.belassist.by). The following bank cards are allowed: Visa, Visa Electron, MasterCard, Maestro, Belkart. Assist payment system meets all data transmission security requirements (PCI DSS Level 1). All confidential data is stored in encrypted form and is maximally resistant to hacking. The possibility of making Internet payments is provided by the Users independently through the bank that issued the bank card. If the card supports 3-D Secure technology, the User will be prompted to go through the standard cardholder verification procedure on the page of the card issuing bank. The user confirms that they agree to the direct debit of payments under the Agreement.
6.4 In order to buy a coupon, you need to link your bank card to your account. When linking each bank card, a positive balance is checked, for which a withdrawal of a monetary amount of no more than 1 Belarusian ruble will be made. The debited amount will be automatically refunded by returning to your bank card. Checking the positive balance on the card can also be performed before purchasing a coupon.
6.5. After the payment has been made, WHYNOTT has the right to notify the User of the fact that the funds have been debited, however, the User must independently connect to the SMS-informing service about debiting from the card through the bank card issuing bank and independently track these charges, as well as save payment data.
6.6. The payment provider may refuse the User to make payments using a bank card in cases provided for by law, including the absence of a bank card option for making online payments; insufficient funds on a bank card; incorrect input of bank card data; expiration of a bank card, etc.
6.7. In the event of an erroneous debiting of funds from a bank card, the User has the right to contact WHYNOTT with the provision of documents confirming the erroneous debiting. Refunds are made to the User’s bank card from which the payment was made within 30 (thirty) business days, depending on the bank that issued the card. The refund procedure is governed by the rules of international payment systems. Cash refunds are not permitted.
6.8. Erroneously written off funds until they are returned to the User are not recognized as a commercial loan, interest for the use of such funds is not charged.
7. Third-Party Services
7.1 The Services may be made available or accessed in connection with Third-Party services and content (including advertising) that WHYNOTT does not control. We may also provide you with links leading to the Third-Parties. You acknowledge that different Terms and Conditions and privacy policies may apply to your use of such Third-Party services and content. WHYNOTT does not endorse such Third-Party services and content and in no event shall WHYNOTT be responsible or liable for any products or services of such Third-Party providers.
8.1 You will indemnify and hold harmless WHYNOTT, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.
8.2 In any case, total liability of WHYNOTT is limited to the aggregate amounts paid to WHYNOTT by the User for the Services provided within twelve (12) months preceding the date of the event that is the basis for the first claim.
9. Limitation of liability
9.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WHYNOTT SERVICE IS TO STOP USING THE SERVICES.
9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WHYNOTT, ITS EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OR CORRUPTION OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF USER DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE PLATFORM, THIRD-PARTY APPLICATIONS OR THIRD-PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE PLATFORM, REGARDLESS OF LEGAL THEORY, EVEN IF WHYNOTT HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL WHYNOTT AGGREGTATED LIABILTY EXCEED THE AMOUNT YOU PAID WHYNOTT, IF ANY, IN THE PAST THREE MONTHS FORT THE SERVICES GIVING RISE TO THE CLAME, OR THE AMOUNT OF 50 Belarusian ruble, WHICHEVER IS LESS, WHICH YOU CONSIDER TO BE THE FAIR COMPENSATION.
9.3 WHYNOTT, it’s employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Platform, or any errors, in or omissions from information on the Platform. WHYNOTT is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Platform, nor caused by the delay, malfunction of the operation or the availability of the Platform.
9.4 WHYNOTT may make Third — Party (which includes bars, clubs, restaurants, special events) opinions, advice, statements, offers, or other Third — Party information or content available on the Platform and/or through the Service. All Third — Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such Third — Party authors are solely responsible for such content. WHYNOTT DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE PLATFORM OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE PLATFORM OR SERVICE. UNDER NO CIRCUMSTANCES WILL WHYNOTT OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM OR SERVICE OR TRANSMITTED TO OR BY ANY USER.
9.5 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WHYNOTT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
10. Information Security
10.1 WHYNOTT takes all reasonable measures considering the current state of technology to protect and keep secure the Information provided by Users. Users understand and agree that no security measure is 100% effective and that in some cases a data breach, data corruption, failed transfer or other errors may occur. To the furthest extent permissible under law, Users release WHYNOTT from any damage or liability caused by such data breach, data corruption, failed transfer or other errors and WHYNOTT shall not be liable to pay any compensation or to reimburse any damage caused to the User for such happenings.
10.1 WHYNOTT MAY MAKE CHANGES OR REPLACE OUR TERMS AND CONDITIONS AGREEMENT AT ANY TIME. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE PLATFORM AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS AND CONDITIONS AGREEMENT WILL BE APPLICABLE TO ANY SUBSEQUENT PLATFORM USE MADE UNDER THE EFFECTIVE VERSION OF THE AGREEMENT. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS AND CONDITIONS AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED UPDATED TERMS AND CONDITIONS.
12.1 We may terminate your account or limit your access to the Platform at any time, for any reason or no reason at all without notice or notice period. WHYNOTT may especially terminate this agreement without notice and with immediate effect if User:
(i) breaches this Agreement;
(ii) misuses the Services or uses Services contrary to Acceptable Use policy;
(iii) engages in fraudulent or illegal activities.
12.2 Upon termination of this Agreement, User will not be able to use the Services and we may immediately delete any Information collected through the Platform. If the Agreement has been terminated, any promotion, reward, or gift will be forfeited. WHYNOTT shall not be responsible for any damage caused by the termination of this Agreement.
13. Agreement to Arbitrate
13.1 You and WHYNOTT acknowledge that neither of us will bring nor participate in any class action or other class proceeding in connection with any dispute with the other party. Further, neither you nor WHYNOTT agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
13.2 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be finally settled at a court at WHYNOTT’s location in accordance with its Arbitration Rules.
14. Final Provisions
14.1 Assignment. Either party may only assign or transfer its rights or obligations under this Agreement with the other party’s prior written consent (such consent not to be unreasonably withheld).
14.2 Entire Agreement. The terms of this Agreement constitute the entire agreement between the parties regarding its subject matter and supersede and replace any and all prior agreements, understandings or arrangements between the parties, whether oral or in writing, with respect to the same. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently) and that party’s only remedies shall be for breach of contract as provided in this Agreement.
14.3 Severance. If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
14.4 Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
14.5 Force Majeure. For the purpose of this Agreement Force Majeure Event shall mean any event arising that is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, civil riot or war). A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay to perform its obligations under this Agreement shall forthwith notify the other, and shall inform the other of the period for which it is estimated that such failure or delay shall continue. The affected party shall take reasonable steps to mitigate the effect of the Force Majeure Event.
14.6 Waiver. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
14.7 Language. These Terms may be available on multiple languages, however Russian version will be considered as the authentic and official version.