These Terms of Use (“Terms”) constitute an electronic contract and legally binding agreement between Wiseclicks Technologies Ltd (“Company” or “us”), and you (“user” or “you“). These Terms govern your access and use of this website and Service as defined herein which are owned and developed solely by the Company. You hereby acknowledge that these Terms enforce a class action waiver and arbitration provision as detailed in the dispute resolution section below.
Acceptance of the Terms
By accessing or using the website or Service you hereby acknowledge that you have read, understood and agreed to be bound by these Terms, as well as applicable laws and regulations, when using our Service. You hereby accept these Terms by simply accessing the website. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE WEBSITE OR SERVICES IN ANY MANNER.
Age Limitation
You represent and warrant that you are of legal age (as applicable in your jurisdiction with regards to the Website’s content and Services), as well as of legal competence to enter into these Terms. Individuals under the legal age are explicitly prohibited from using the website and Services. Note that, some of our websites are restricted to individuals under certain age (18 or 21) so please make sure you are of the applicable legal age.
The Service
Our website provides you with a review based comparison experience enabling you to review articles, tips, ratings, scores, information (including images, logos, etc.), prices, opinions and features (“Content”) regarding third party’s goods, services or products (“Third Party Service(s)”) which may interest you (collectively together with the website shall be referred to as the “Service(s)”). The Content is created either by us or by our partners (including without limitations the Service Providers), other users and professional content providers, all which is made available through the website. It is important for us to clearly disclose that we are engaged with the operators of the Third-Party Services (“Service Providers”) we review rank and score and we receive referral fees from these Service Providers. Please note that, the Service Provider’s offers and Third Party Services displayed in the website, might include additional terms. Please be sure to carefully review the additional terms prior to your participation in, registration to or purchase of any Third Party’s Services.
How we Rate?
The referral fees we receive from the Service Providers will impact these Service Provider’s ranking, rating and scoring provided in our website as part of the Services (in the event provided by us). We may, at our sole discretion, take into consideration additional factors such as our “earning per click”, users’ review and recommendations, team’s subjective opinion, etc.
If you wish to learn how we rate and review the aforesaid Third Parties’ Services please visit our “How We Rate” page.
Restrictions of Use
The Service, including any content provided therein, are provided to you solely for your personal and non-commercial use. You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in to this agreement and these Terms. You hereby further agree you will not, directly or indirectly: (i) make any copies of, modify, adapt, disassemble, decompile, reverse engineer, circumvent or hack the Service or Content or attempt to derive the source code or gain unauthorized access; (ii) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit or make the Services or the Content; (iii) use the Service or Content in any fraudulent or unlawful manner (including without limitation in violation of any third party’s privacy or proprietary right, or any export control laws) or in any manner that interferes with or disrupts the integrity or performance of any portion of the Service or use of them in a manner which violates any applicable local, state, national, or international law or regulation, or for any unlawful, harmful, irresponsible, or inappropriate purpose; (iv) use the Service in any way that violates these Terms; (v) assert any proprietary rights in or to the Content nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on the Site and Content; (vi) use, access or attempt to access the Service with any automated means (including robots, scrapers, etc.); (vii) extract, collect or store personal data about other users without their express permission; and (viii) use Company’s name, logo or trademarks without Company’s prior written consent;
Third Party Services, Content and Sites
The Content includes links to the Service Provider’s websites which are not owned or operated by us (“Service Provider Site(s)”). By entering the Service Provider Site, you will be subject to their terms of services and privacy policies, thus we recommend you to carefully review the applicable terms and privacy policies, verify their practices and restrictions. You acknowledge and agree that: (i) we have no control over the Service Provider Site or the Third Party Services, and we are not obligated to monitor any content provided therein, you may not consider the display of such content as endorsed, supported, encouraged, recommended or promoted by the Company; and (ii) we are not responsible or liable, directly or indirectly, for the accuracy of the content provided therein or any loss or damage incurred as a result of your use of or reliance on any Service Provider Site or the Third Party Services available and provided therein. Any use of the Third Party Services is made through a direct engagement between you and the applicable Service Provider which we are not a part of, and governed by the Service Provider’s terms of use.
The Company hereby disclaims all warranties with respect to the marketability, suitability, incompleteness, applicability or relevance of the Content as well as the Service Provider Site and Third Party Services. We do not, either expressly or impliedly, assume any responsibility for any decision made or action taken or not taken in reliance on the Content nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions or use of the Third Party Services. We make no warranty that the Service Provider Sites are factually accurate. Please note, our reviews of Third-Party Services are based on our experience with such services or based on input from other parties and other research which we may perform and you may find it objectionable.
We do not review all service providers in the market, rather just the ones we choose to engage with.
Content, Copyright and Intellectual Property
The Service and Content are protected by international copyright laws or any other intellectual property laws that are licensed to the Company, its licensors, vendors, partners or affiliates or other third parties. Such materials may contain design, text, images, information, logos, photographs, illustrations, artwork, graphic material and all copyrightable or otherwise legally protectable elements of the Service or Content including, without limitation all trademarks, service marks and trade names and excluding the Service Provider Sites (individually or collectively, “Protected Content”). Except as permitted by us, and without derogating from the generality of the described under these Terms, you may not copy, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, display, sell or otherwise use any of the Protected Content, including any derivative works therein. The Company retains all right, title ownership and interest in and to the Protected Content to the fullest extent possible under applicable law.
User generated content
The user generated content (“UGC“), refers to a wide variety of media content that is produced, submitted and uploaded by you and by other users as opposed to content made by us, such as: comments, reviews, remarks, etc. You hereby undertake and agree that the UGC uploaded by you may not: (i) violate any applicable law; (ii) contain hateful content, including but to limited to violence and racism based on religion, discriminatory, age, gender identity, sexual orientation, ethnic, nationality and ethnic origin, contain adult and pornography content; (iii) contain any content or engages in a behavior which may infringe in any way third party intellectual property or privacy rights; and (iv) contain any content which includes unauthorized commercial communications as well as advertising, spam, incentivized or other way promoting any service or product. IF WE BELIEVE, IN OUR SOLE DISCRETION, OR WE DISCOVER THAT THE UGC PROVIDED BY YOU VIOLATES OR MAY VIOLATE ANY OF THE AFORESAID, WE WILL HAVE THE SOLE AND ABSOLUTE RIGHT TO REMOVE, DELETE AND BAND SUCH UGC FROM OUR SITE. YOU ACKNOWLEDGE THAT THE COMPANY MIGHT MONITOR THE UGC AND MAY REMOVE ANY PART THEREOF AT ITS SOLE DISCRETION. NONETHELESS, THE COMPANY HAS NO OBLIGATION TO MONITOR THE UCG AND THE RESPONSIBILITY AND LIABILITY WITH RESPECT TO THE UCG AND ITS COMPLIANCE WITH THE LAW IS OBLIGED ON YOU. By submitting, posting, or displaying UGC you grant Company with a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to view, use, display, distribute, reproduce, distribute, prepare derivative works of, display, make available to the public any part of the UGC uploaded by you.
Disclaimer of Warranties & Limitation of Liabilities
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SERVICES, COTNET, THIRD PARY SERVICES, SERVICE PROVIDER SITES, INCLUDING THE QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” OR “”AS AVAILABLE” AND YOU ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. THE COMPANY MAKES NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE ON THE WEBSITE IS TRUE, RELIABLE OR ACCURATE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR DIMINUTION OF VALUE ARISING OUT OF, IN CONNECTION WITH, RELATED TO OR ARISING IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, COTNET, THIRD PARY SERVICES, SERVICE PROVIDER SITES, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY, AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE OR ANY CONTENT AVAILABLE THEREIN.
Indemnification
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the Service or website. You are solely responsible for your actions when using Service.
Changes to the Website and Terms
The availability and functionality of the Service depends on various factors, including communication networks that are provided by third parties. These factors are not fault-free. The Company does not warrant that the Services or any Content will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or be immune from errors or unauthorized access. We reserve the right to add additional features to the Service. We shall have no obligation to provide support or maintenance for the Services under these Terms. However, we may, at our sole discretion, provide limited support. We further reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service or Content, with or without notice, at any time.
In addition, we reserve the right, at our discretion, to revise or update these Terms at any time. Such changes shall be effective upon publication of the amended Terms. The last revision will be reflected in the “Last Modified” heading. YOUR CONTINUED USE OF THE SERVICES THEREAFTER CONSTITUTES YOU CONSENT TO SUCH CHANGES AND YOU AGREE TO BE BOUND BY THEM. PLEASE MAKE SURE TO REVIEW OUR TERMS PERIODICALLY.
Termination
At any time, you may stop using the Service. We also reserve the right, at any time, to discontinue, suspend or modify any aspect of the Service or terminate these Terms and your use of the Service with or without cause. The Company shall not be liable to you or any third party for any of the foregoing. These Terms will automatically terminate if you fail to comply with any of its requirements. We reserve the right to investigate any breach or alleged breach of these Terms and to report any breach or alleged breach of these Terms to law enforcement authorities. Upon any termination, you agree to stop using the Service and exit the Website.
Privacy Practices
We respect our users’ privacy rights and thus, handle and store our user’s data solely for the purpose of providing and enabling the Service. Please review our Privacy Policy prior to using the Service or accessing the website.
Dispute Resolution
If you have any dispute with us please first try to contact us and resolve any issues there may be in an informal procedure. In the event the dispute cannot be resolved in such informal and friendly manner, you and the Company hereby agree to resolve any claim by binding and exclusively arbitration by the “AAA” (i.e., the American Arbitration Association). You agree that, by entering into these terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action. All claims must be brought in the parties’ INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding and the arbitrator may not consolidate more than one person’s claims. This provision will survive the termination of these Terms. If you wish to opt-out of this arbitration provision, you must provide us with a clear written statement of your wish to opt-out (“Opt-Out Statement”). The Opt-Out Statement shall include your full name and residence address. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. You hereby agree to resolve any dispute you have with exclusively in a state or federal court located in New York, Manhattan. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
Contact Us
If you have any questions about these terms, or wish to report violators of these Terms contact us at:
Wiseclicks Technologies Ltd.
Merchants Court,
2-12 Lord Street,
Liverpool,
L2 1TS
United Kingdom
You can also contact us via email at: support@wizeclick.com
