BEFORE ACCEPTING THE AGREEMENT TERMS, PLEASE, READ THE AGREEMENT COMPLETELY AND MAKE SURE THAT UNDERSTAND ITS TERMS AND PROVISIONS IN FULL. PLEASE, DO NOT USE THE APPLICATION AND/OR SERVICES IF YOU DO NOT AGREE WITH THE CONDITIONS OF THIS AGREEMENT AND/OR IF YOU UNDERSTAND ITS CONDITIONS NOT IN FULL.
This document, and also all appendices, amendments and additions to it (hereinafter referred to as the "Agreement") contains the conditions governing the relations between the Limited Liability Company Wandle, registered under main state registration number "192783295" (hereinafter referred to as "Wandle" or the "Company") and You, an individual (hereinafter referred to as the "User"), when using the Mobile Application as defined below in the Agreement, provided by Wandle within rendering of Services by Wandle by means of the Internet (hereinafter referred to as "Services").
Terms used in the Agreement:
"Company" (also "Wandle") means Wandle Limited Liability Company, registered under the main state registration number "192783295"
"App store" means any and each of the following platforms for distribution of mobile content for Mobile devices: Google Play (controlled by Google Inc. and/or its affiliates).
"Mobile device" means a mobile computer device (smartphone, telephone, tablet, etc.) functioning on the basis of Android operating systems in versions supported by App stores at the moment of use of Mobile application, being in lawful possession and use of the User. Modified versions of the specified operating systems, or versions of operating systems differing from applications standardly supported by App stores, can be incompatible with the Mobile project and can fail to provide its functionality.
"Application" (also "Mobile application", "Wandle mobile application", "Mobile Service") means software available to the User through App store on the terms of full observance of the Agreement providing the use of certain functions. Intellectual property rights to the Mobile application belong Wandle or to its licensors.
"Services" mean a complex of entertaining services including:
a. Access of the User to information, other materials, results of intellectual activity available by means of the Application;
b. Organization of information exchange between Users (if stipulated by mechanisms of the Application);
c. Process organization and maintenance;
d. Additional functional services (as defined in section 5 of this Agreement).
"Website" means http://www.wandle.io/ and all domains and subdomains of the following levels, including its mobile version.
"Licensor" means a holder of property, exclusive rights to Wandle Mobile application, and also to databases formed in the course of functioning of Wandle Mobile application which is LLC Wandle.
Signing this Agreement, the User confirms that he/she has reached the age established by the applicable legislation for conclusion and performance of this Agreement. If a person wishing to use the Mobile application fails to reach the specified age, such person shall confirm the presence of the consent of its lawful representatives to conclusion and performance of the Agreement, use of the Mobile application and Services (hereinafter referred to as "Consent of lawful representatives"). Such Consent of lawful representatives shall be provided throughout the whole validity period of the Agreement and use of the Mobile application.
Thus age rating of the Mobile application is not age with which the legislation connects a possibility to conclude the Agreement. Persons who are under the age designated by means of such rating shall refrain from the use of the Mobile application and Services, regardless of conclusion of the Agreement and existence of the Consent of lawful representatives.
The company has the right at any time to demand the Consent of lawful representatives, and it shall be provided. If the consent is not provided, the User will lose an opportunity to use the Application and to receive Services. Besides, use of the Application / receiving of Services can be suspended / stopped by Wandle at the request of parents or other lawful representatives.
Signing this Agreement, the User (its lawful representatives) agrees to control by itself a condition of its health and not to use the application / not to receive Services in the presence of any contraindications.
Using the Application and Services, installing Applications on a Mobile device, as well as pressing the button "Install" / "Download" and/or checking the relevant symbol (for example "✓", "✕") if it is provided in the interface of an operating system or Mobile application, or in App store, the User confirms that he/she has read and understood this Agreement, agrees with its provisions and undertakes to meet its conditions in full.
1. GENERAL PROVISIONS:
1.1. This User agreement (hereinafter referred to as the "Agreement") regulates the relations between Limited Liability Company Wandle with the main state registration number "192783295" (hereinafter referred to as the "Company"), and a capable individual, properly acceded to this Agreement for use of Wandle mobile application (hereinafter referred to as the "User").
1.2. Wandle mobile application (hereinafter referred to as the "Application") is software available to the User through the App store on conditions of full observance of the Agreement, representing an entertaining information application developed for mobile devices operating under control of Android operating systems. Intellectual property rights to Wandle Mobile application belongs to the Company.
1.3. Installation of the application on the User's mobile device is acceptance of this Agreement and confirmation of the User's consent to its conditions.
1.4. Conditions of this Agreement are a public offer to sign with the Company an accession contract, according to which the Company gives to the User access to the Application on conditions of this Agreement.
1.5. Appeals, offers and claims of individuals and legal entities to the Company connected with the content and functioning of the Application, violation of rights and interests of the third parties, legislation requirements, and also requests of persons authorized by the legislation can be sent to e-mail address: firstname.lastname@example.org
1.6. The User is obliged to read and understand the conditions of this User agreement, and is also obliged to provide to the Licensor the consent to collecting, processing and use of personal information provided by the User when using Wandle Mobile application. The User agreement comes into force from the moment when the Licensor receives the consent with conditions of this Agreement by means of Wandle Mobile application interface.
2. RIGHTS AND OBLIGATIONS OF THE USER:
2.1. The User undertakes to meet the terms and conditions of this Agreement properly.
2.2. The User is obliged to provide non-disclosure (secret) of information which is stored in accounting record and bears responsibility for their disclosure in any way and for all risks and losses arisen in this regard.
2.3. The User bears responsibility for all actions made from the User's Mobile device on which the Mobile application is used. The User undertakes to notify immediately the Company of all cases of safety violation.
2.4. The User has no right to introduce amendments, to publish, to transfer to the third parties, to participate in sale or concession, to create or otherwise use derivative products, partially or completely, the content of the Application without the written permission of the Company.
2.5. The User undertakes not to use the Application for violation of rights and legitimate interests of rightholders, the third parties and this Agreement.
2.6. The User undertakes to take proper measures in order to ensure the security of the User's mobile device and is personally responsible in case of access of the third parties to the User's mobile device.
2.7. The User has no right, whether alone or with the involvement of third parties, to carry out the decompilation of the Application, and has no right to carry out reverse engineering of the Application.
2.8. The User is responsible for use of the Application in any ways which are not expressly specified in this Agreement.
2.9. The User has no right to pursue any unauthorized actions with the Application, including breaking the Application functionality.
2.10. Installation of the Application on a mobile device confirms the fulfillment by the User of the obligation specified in this point.
2.11. The User undertakes to pay the Company for the use of the Application according to the conditions specified in App store.
2.12. Conditions of use of the Application specified in the App store can be amended and/or added by the Company unilaterally. Thus the continuation of use of the Application after introduction of amendments and/or additions means the User's agreement with such amendments and/or additions.
2.13. The User agrees that the Company can process its personal information for improvement of service and/or statistics gathering.
2.14. The User agrees that the Company publish any gathered statistics on any information resources provided that the User's identity is not declared.
3. RIGHTS AND OBLIGATIONS OF THE COMPANY:
3.1. The Company has the right to send to the User in any way the information on functioning of the Application and to publish information and other messages in the Application.
3.2. The Company has the right to send to the User in any way the information and to send advertising, information and other messages to e-mail address or phone number specified by the User or to publish the relevant information in the Application.
3.3. The Company has the right to edit or delete materials if they fail to meet requirements or conditions of this Agreement or if they do harm to the Company or third parties.
3.4. The Company has the right to transfer rights and obligations under this Agreement to the third parties for performance of this Agreement without additional User's consent.
3.5. The Company is not responsible for any mistakes, omissions, interruptions, removal, defects, delay in data processing or transmission, failure of communication lines, theft, destruction or illegal access to user materials, placed in the Application or in any other place.
3.6. The Company is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of e-mail services or scripts for technical reasons.
3.7. The Company is not responsible for any damage to a computer of the user or any other person, to mobile devices, any other equipment or to software, caused or connected with downloading of materials from Applications or according to the references placed in the Application.
3.8. Under no circumstances the Company and/or its representatives shall be responsible to the User or to any third parties for any indirect, casual, unintentional damage, including without limitation: lost opportunity and/or lost data, damage to honor, honour or business reputation caused in connection with the use of the Application, content of the Application or other materials, to which you or other persons have got access by means of the Application, even if the administration has notified of the possibility of such damage.
3.9. Under no circumstances the Company and/or its representatives shall be responsible to the User or to any third parties for any indirect, casual, unintentional damage, including without limitation: the missed benefit and/or lost opportunity and/or lost data, damage to honor, honour or business reputation caused in connection with technical errors in operation of the Application, even if the administration has notified of the possibility of such damage.
3.10. The Company has the right to collect and use technical data and related information and statistics, including but not limited, technical data on external devices, and also on software of the User's device, system and application. This information is gathered periodically and pursues the purpose to simplify the process of provision to the User of updates of software, technical support and services (if any) relating to the Application. The Company has the right to use this information (provided that the User's is not declared in it) for improvement of its products or delivery of its services and technologies.
3.11. The Company has the right at its own discretion to change, edit, delete the Applcation content.
3.12. The Company has the right to render to Users paid and free services. The Developer shall inform the User of terms of paid services publishing the relevant information on service (service name, its cost, payment procedure) in the Application and/or in App store.
3.13. The Company has the right to block the User's access to the Application or its part in case of detection of violations by the User of the terms of this Agreement.
3.14. The Company has the right without prior notice to limit, suspend or stop the use of the Application without compensation to the User of incurred losses including in case if the Company has information that the User or its affiliates (deliberately or unintentionally):
a. When using of the Application violate the laws, provisions of this Agreement or rights and legitimate interests of third parties;
b. Use the Application unfairly, excessively or out of accordance with its unintended purpose;
c. Do harm to the Application or its operating capacity;
d. Carry out efforts of unauthorized access to the Application and information in it;
e. Create a threat of failure of hardware and/or software of the Company and/or third parties.
3.15. The Company has the right without prior notice to limit, suspend or stop the use of the Application in case of instruction/decision of any government or other authorized body.
4.1. For performance of this Agreement and for its validity period the Company grants to the User a non-exclusive right (non-exclusive license) for access and use of the Mobile application in the next ways, with the use of Mobile devices:
a. A right to install (to install on a Mobile device) one copy of the Mobile application;
b. A right to start the Mobile application exclusively for the purpose of receipt of Services personally by the User.
4.2. The license for the Mobile application is indivisible.
4.3. The license extends also to updates, additions, additional components which can be provided or access to which can be provided by the Company, and also by its partners or contractors when the Mobile application is in use by the User, if the right to use such updates, additions, additional components are not transferred on the basis of independent agreements.
4.4. This Agreement shall not grant to the User rights to:
a. Elements (parts, components) of the Application, including photos, pictures, graphics, animation, sounds and other content. The User has the right to use these elements only for personal noncommercial purposes;
b. Means of individualization of persons, goods, works, services, including logos, trademarks, service marks, commercial names;
c. Other software.
4.5. Hereby the User understands and agrees that when the User performs on its Mobile device operations which allow to receive unauthorized access to the file system of the User's Mobile device, functionality of the User's Mobile device, access to which is limited by producers of the Mobile device or developers of the relevant operating systems, and also in case of unauthorized dropping of restrictions of a producer of the Mobile device, a developer of an operating system and/or a telecommunication operator (including operations also known as "Rooting" and "Jailbreak", the use of the Mobile game application on such Mobile device can be impossible. The Company under no circumstances shall be responsible for consequences of use of the Mobile application on the Mobile devices specified in this point.
4.6. The license is limited by the territory of the country / countries specified in the description of the Mobile application in App store. The Mobile application shall not be used outside the specified territory.
5. CONDITIONS OF THE APPLICATION USE:
5.1. Performance of separate functions of the Application is possible only in the presence of access to the Internet and/or navigation system. The User obtains and pays such access on conditions and according to tariffs of its telecommunication operator or Internet provider.
5.2. The Company does not guarantee the accuracy of services connected with positioning of the User's Mobile device.
5.3. The Company does not guarantee that Services of the Application will be rendered without technical errors and/or interruptions.
5.4. The User is forbidden to distribute promotional information through the Application.
5.5. The User is forbidden to resort to breaking, attempt of breaking and/or interception of data arriving to and from the Application, to and from a server component of the Mobile application.
5.6. In case of technical problems when using the Mobile application the User has the right to contact the Application user support division, or the support division of the relevant App store.
6. PAYMENT FOR SERVICES:
6.1. The User has the right voluntarily to donate monetary funds to settlement account of LLC "Wandle", as a voluntary donation to activity of LLC "Wandle". When transferring the donation, the User agrees with all conditions of this Agreement.
6.2. The donation is termless. The Company has the right to cancel the donation at any time without assigning any reasons.
6.3. Accepting the conditions of this Agreement the User confirms that the donation is voluntary and gratuitous.
6.4. The User is a payer of all bank and/or other commissions connected with donating.6.5. If the User gives a donation, he/she gains access to expanded functionality of the Application.
7. GUARANTEES AND RESPONSIBILITY OF THE PARTIES:
7.1. For performance of this Agreement third parties can be involved. The User confirms that the specified third parties have the same rights as a holder of rights to the Application has.
7.2. The User guarantees that he/she will not take any actions, aimed at causing damage to the holder of rights to the Application, the Company, operators of cellular mobile communication, rightholders and other persons.
7.3. In case of violation of rules of the Application use, specified in section 2 of this Agreement, the User undertakes to compensate the Company for the harm done by such actions.
7.4. Recognizing the international character of the Internet, the User assumes the responsibility for observance of all relevant rules and laws, concerning the User's actions on the Internet.
8. INTELLECTUAL PROPERTY RIGHTS:
8.1. All exclusive rights to results of intellectual activity which are legally placed and contained in the Mobile application (text, images, multimedia materials, program codes and other objects of intellectual property rights), and also posted on the Website belong to their rightholder, licensor of the Company.
8.2. All trademarks (service marks) and other means of individualization (including trade names, logos, trademarks, slogans) legally placed on the Company resources, and also on resources of App stores belong to their lawful rightholders.
9. FINAL PROVISIONS:
9.1. Issues that are not regulated by this Agreement shall be settled in accordance with the legislation of the Republic of Belarus.
9.2. All disputes and differences which may arise out of this Agreement or in connection with the same are to be settled by the User and the Company by means of negotiations. Should the Parties fail to reach an agreement court the relevant dispute and difference shall be settled in court of general jurisdiction at the location of the Company in accordance with the procedure established by the applicable legislation of the Republic of Belarus.
9.3. This Agreement comes into force for the User from the moment of installation of the Application on the Mobile device. This Agreement remains in force indefinitely, till the moment of change or termination at the initiative of the Company.
9.4. This Agreement is drawn up in English.
9.5. This Agreement can be amended and/or added by the Company in any time within the validity period of the Agreement. All amendments and/or additions are posted by the Company in appropriate section of the Website and come into force in the date of such placement. The User promises to get acquainted with all amendments and/or additions in due time and independently. In the presence of objections the User has the right to send a notice within 3 calendar days from the moment of placement of amendments and/or additions to this Agreement. In that case the Agreement is considered terminated by the Parties from the date when the Company receives such notice from the User. In this case the User undertakes to delete the Application from the Mobile device.
9.6. In the event any of the provisions of this Agreement is recognized invalid such recognition does not influence the validity of any other provisions of this Agreement.
9.7. The Parties agree that the Company has the right to concede its rights and obligations under this Agreement to the third parties or to charge to the third parties full or partial rendering of Services. In case of concession by the Company of its rights and obligations this Agreement remains in full force, rights and obligations of the Company pass to its assignee. Thus the Company at least one day before such concession shall notify Users of it posting the relevant information on the Website. This Agreement remains in force after such concession.
10. CONTACT INFORMATION:
The User can contact the Company using the following address:
Maksima Bogdanovicha St., 142, office 6a, 220040, Minsk, Republic of Belarus