Terms & Conditions

Last Updated on 14th October 2022

 

Definitions and Key Terms

 

Company - When this policy mentions “Company”, “Application”, “we”, “us”, or “our”, it refers to WITMEG, (5 village Way E, Rayners Lane, Harrow HA2 7LX, United Kingdom), that is responsible for your information under this Terms and Conditions.

 

Country - Where WITMEG or the owners/founders of WITMEG are based, in this case, the United Kingdom.

 

Customer - Refers to the company, organisation or person that signs up to use products by WITMEG, to manage their businesses, consumers and service users.

 

Device - Any internet-connected device such as phone, tablet, computer, or any other device that can be used to visit WITMEG and use its services.

 

Personnel - Refers to those individuals who are employed by WITMEG or under contract to perform a service on behalf of either one of the parties.

 

Personal Data - Any information that directly, indirectly or in connection with other information - including a personal identification number - allows for the identification or identifiability of a natural person.

 

Service - Refers to the WITMEG services provided by WITMEG as described in the relative terms (if available) and on this platform.

 

Third-party service - Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

 

Website - WITMEG’s site, which can be accessed via this URL: https://www.witmeg.com

 

You - A person or entity that is registered with WITMEG to use its services.
 

Your Consent

 

Our Terms and Conditions provide you with complete transparency into what is being set when you download, install, access and use our Application. By downloading, installing, accessing and using our Service, you hereby consent to our Terms and Conditions.

 

Introduction

 

This End User Licence Agreement (the “Agreement”) is a binding agreement between you (“End User”, “you” or “your”) and WITMEG (“Company”, “Application”,  ‘“we”, “us” or “our”). This Agreement governs the relationship between you and us, and your use of the Company WITMEG and/or its services. Throughout this Agreement, the End User and the Company may each be referred to as a “Party” or collectively, the “Parties”.

 

If you are using the application on behalf of your employer or another entity (an “Organisation”) for whose benefit you utilise the app or who owns or otherwise controls the means through which you utilise or access the app, then the terms “End User”, “you”, and “your” shall apply collectively to you as an individual and to the Organisation. If you download, install or use the app on behalf of an Organisation, you hereby acknowledge, warrant, and covenant that you have the authority to 1) download and use the app on behalf of the Organisation; 2) bind the Organisation to the terms of this Agreement.

 

By downloading, installing, accessing, or using the app you; (a) affirm that you have all the necessary permissions and authorisations to access and use the app; (b) acknowledge that you have read and that you understand this agreement; (c) represent that you are of sound mind and of legal age (18 years of age or older) to enter into a binding agreement; and (e) accept and agree to be legally bound by the terms and conditions of this agreement.

 

If you do not agree to these terms, do not download, install, access, or use the Application. If you have already downloaded the Application, delete it from your device.

 

The application is licenced, not sold, to you by WITMEG for use strictly in accordance with the terms of this Agreement.

Restrictions

 

You agree not to, and you will not permit others to:

  • Licence, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of WITMEG or its affiliates, partners, suppliers or the licensors of the Application.

 

Payment

 

If you download, install, access or use our Applications, you agree to pay all fees or charges to your account for the Service in accordance with the relevant fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. By providing us with your credit card number and associated payment information, you agree that we are authorised to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on our Site, or by e-mail delivery to your organisation’s administrator(s). Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. No contract will exist between you and us for the Service until we accept your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. You are responsible for any third-party fees that you may incur when using the Service.

 

Intellectual Property

 

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are part of the Application or otherwise owned by WITMEG shall always remain the exclusive property of WITMEG (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any Organisation) a licence to WITMEG’s Intellectual Property Rights.

 

You agree that this Agreement grants permission to use WITMEG’s Intellectual Property Rights, solely as part of the Software (and not independently of it), and only for the effective Term of the permission granted to you hereunder. Accordingly, your use of any of WITMEG’s Intellectual Property Rights independently of the Software or outside the scope of this Agreement shall be considered an infringement of WITMEG’s Intellectual Property Rights. This shall not limit, however, and claim WITMEG may have for a breach of contract in the event you breach a term or condition of this Agreement. You shall use the highest standard of care to safeguard all relevant Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorised access. Except as expressly granted in this Agreement, WITMEG reserves and shall retain all rights, title, and interest in the Software, including all copyrights and copyrightable subject matter, trademarks and trademark-able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the thereto.

 

You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property Rights in and to the work products that you create through or with the assistance of the Software.
 

Your Suggestions

 

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to WITMEG with respect to the Application shall remain the sole and exclusive property of WITMEG.

 

WITMEG shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Links to Other Websites

 

Our service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third-party’s site. We strongly advise you to view the Terms and Conditions of every site you visit. We have no control over and assume no responsibility for the content, Terms and Conditions or practices of any third-party sites or services.

Changes to Our Terms and Conditions

 

You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which are contained in your account. If we decide to change our Terms and Conditions, we will post those changes on this page, and/or update the Terms and Conditions modification date below.

 

Modifications to Application

 

WITMEG reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you

 

Updates to Application

 

WITMEG may from time to time provide enhancements or improvements to the features/ functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

 

Updates may modify or delete certain features and/or functionalities of the Application. You agree that WITMEG has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

 

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

 

Third-Party Services

 

The application may display, include or make available third-party content (including data, information, applications and other products, and services) or provide links to third-party websites or services (“Third-Party Services”).

 

You acknowledge and agree that WITMEG shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. WITMEG does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

 

Term and Termination

 

This Agreement shall remain in effect until terminated by you or WITMEG. WITMEG may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from WITMEG, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your device. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your device. Termination of this Agreement will not limit any of WITMEG’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

 

Indemnification

 

You agree to indemnify, defend and hold WITMEG and its subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of the Software; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with an Organisation (if applicable) or any third party. Furthermore, you agree that WITMEG assumes no responsibility for the information or content you submit or make available through this Software or the content that is made available to you by third parties.

 

No Warranties

 

The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, WITMEG, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether expressed, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, WITMEG provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither WITMEG nor any WITMEG’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of WITMEG are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to you.

 

Limitation of Liability

 

To the maximum extent permitted by applicable law, in no event shall WITMEG or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if WITMEG or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Severability

 

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

 

No failure to exercise and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

 

WITMEG reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is applicable, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Application.

 

Governing Law

 

The laws of the United Kingdom, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

 

Changes to this agreement

 

We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use of the app constitutes your agreement to be bound by, and your acceptance of, the terms and conditions posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you load, access, or use the app. Therefore, we encourage you to review this Agreement regularly.

 

If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance of the amended terms by providing us with written notice of your withdrawal. Upon providing us with the written notice of the withdrawal of your acceptance, you are no longer authorised to access or use the app.

 

No Employment or Agency Relationship

 

No provision of this Agreement, or any part of the relationship between you and WITMEG, is intended to create nor shall they be deemed or construed to create any relationship between you and WITMEG other than that of an end user of the app and services provided.

 

Equitable Relief

 

You acknowledge and agree that your breach of this Agreement would cause WITMEG irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which WITMEG may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement.

Headings

 

The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of this Agreement.

 

Geographic Restrictions

 

The Company is based in the United Kingdom and provided for access and use primarily by persons located in the United Kingdom, and maintains compliance with the United Kingdom laws and regulations. If you use the app from outside the United Kingdom, you are solely and exclusively responsible for compliance with local laws.

 

Limitation of Time to File Claims

 

Any cause of action or claim you may have arising out of or relating to this agreement or the app must be commenced within one (1) year after the cause of action accrued, otherwise, such cause of action or claim is permanently barred.

 

Entire Agreement

 

The Agreement constitutes the entire agreement between you and WITMEG regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and WITMEG.

 

You may be subject to additional terms and conditions that apply when you use or purchase other WITMEG’s services, which WITMEG will provide to you at the time of such use or purchase.

Contact Us

 

Via Email: info@witmeg.com

Via Phone Number: +4420 3900 3754

Via this Link: https://www.witmeg.com

Via this Address: 5 village Way E, Rayners Lane, Harrow HA2 7LX,United Kingdom