Terms and Conditions

Rev. 123C581
WAAHELAY  LTD —   TERMS AND CONDITIONS

___________________

Last updated March 11th, 2020

 

  1. OVERVIEW

 These are the terms and conditions of Waahelay Ltd or www.Waahelay.com , www.Waahealy.so and www.Waahelay.co.uk. In this document, “we”, “our”, or “us” refer to Waahelay Ltd.

We are company number 11785314 registered in England and Wales. Our registered office is 138 Upper Clapton Road, London, E5 9JZ. United Kingdom.

You agree when using our websites and interacting with us to all of the terms and conditions described here.

We reserve the right to add, update and delete from both our Terms and Conditions and Privacy Policy periodically and without written notice.  You agree and accept our Terms and Conditions and Privacy Policy when you enter into contract with us. You should review the latest legal documents published on our websites and that are date stamped. The latest date overwrites and invalidates any older versions.

 

2. GENERAL

Waahelay (“Company” or “we” or “us” or “our”) respects the privacy of its users (“User” or “you”) that use our website (s) located at www.Waahelay.com www.Waahelay.so and www.Waahelay.co.uk including other media forms, media channels, mobile website or mobile application related or connected thereto (collectively, the “Website”). The following Waahelay terms and conditions sets out the legal relationship we have with you if you decide to interact with our services.   It also is intended to explain the conditions under which Waahelay uses and discloses that information, and your rights in relation to that information.  Accordingly, each time you use the Waahelay Website you should check the date of our Terms and Conditions (which appears at the beginning of this document) and review any changes since the last time you used the Waahelay Website.

The Waahelay Website is hosted across 5 data centres located in the USA, UK, Netherlands and Singapore, and Waahelay Ltd is registered in the England and Wales and is subject to English law, registration no. 11785314. If you are accessing our Website from other jurisdictions, please be advised that you are transferring your personal information to us in the United Kingdom, and by using our Website; you consent to that transfer and use of your personal information in accordance with our Privacy Policy. You also agree to abide by the applicable laws of applicable states and English law concerning your use of the Waahelay Website and your agreements with us. We reserve the right to relocate your data as we see fit for the purposes described in these Terms and Conditions and Privacy Policy.

Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Waahelay Website in a manner lawful in their jurisdiction. If your use of the Waahelay Website would be unlawful in your jurisdiction, please do not use our Website.

By Using Or Accessing The Waahelay  website, You Are Accepting The Practices Described In These Terms and Conditions.

 

  1. INTRODUCTION

 This is a notice to inform you of the Waahelay policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.

  • We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.
  • Waahelay takes seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
  • Waahelay undertakes to preserve the confidentiality of all information you provide to us.
  • Our policy complies with London, England and United Kingdom laws accordingly implemented, including that required by the European Union General Data Protection Regulation (GDPR).
  • The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. This is found within our Privacy Policy document at our websites.
  • Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

 

  1. INFORMATION FROM USERS

 If you are a user, you agree to be bound by the privacy policy on our website which complies with the laws applicable to this site. You also agree that you gave your consent for the use and access of your Personal Information by Waahelay and other third parties. You agree to grant Waahelay affirmative, express consent regarding your data for the use and access of sensitive Personal Information and other third parties.

 

  1. WHAT INFORMATION DO WE COLLECT FROM USERS AND WHY?
  • We collect your name, email address, company name, address and other details about your business.
  • We need this information to provide you with our Services; for example, to create your account, confirm your identity, contact you, and invoice you.
  • We collect data about the Waahelay -hosted webpages that you visit. We also collect data about how and when you access your account, including information about the device and browser you use, your network connection and your IP address.
  • We need this information to troubleshoot, give you access to and improve our Services.
  • We collect Personal Information about your customers that you share with us or that customers provide during checkout.
  • We use this information to provide you with our Services and so that you can process orders and better serve your customers.
  • We will also use Personal Information in other cases where you have given us your express permission.

 

  1. COLLECTION OF YOUR PERSONAL INFORMATION

 We may collect personal information from you, such as your first and last name, email address and password, geographical information  – such as your city, state and country, job title, phone number, gender, birthday and additional profile information (including, without limitation, a profile photo, and Resume). When you create an account to log into our platform or are onboarding to the Site (“Account”) we collect information such as your:

  • Name
  • Address
  • E-mail Address
  • Phone Number
  • Gender

 

  1. WHAT ADDITIONAL INFORMATION WE COLLECT AND HOW WE USE IT

 We may also collect information for billing and transaction purposes, statistics on your usage of the Site or Our Services (including IP, device, geographic, and other specific information about you) as well as other technical data such as cookies, pixel tags, and other similar technology.

Data that you provide to us will be made available to other users of our sites and services, may be shared with other Waahelay services of which you are not a user, as well as potentially transmitted to third parties as set forth herein. We use this information to provide and enhance our Services (including servicing your account, if applicable), and answer any questions you may have. Do not post any information you do not want revealed to the public or shared across the Waahelay Site, Services, or otherwise.

 

  1. EXAMPLES OF HOW WE USE YOUR DATA

 We need some information to troubleshoot, give you access to, and/or improve our Services.

We use this information to provide you with our Services and so that you can connect with customers. Below are examples of how we use your data:

  • To provide, develop, and enhance the Service
  • To respond to feedback, requests, and monitor security for the Service
  • To provide users with promotional communications, materials, and other third party information
  • To enforce Our terms or rights under any agreement between you and Waahelay
  • To perform any other action deemed necessary by Waahelay in its provision of the Service, interactions with You, or any other third party
  • We need this information to provide you with our Services; for example, to create your account, confirm your identity, contact you, and invoice you.
  • We collect data about the Waahelay -hosted webpages that you visit. We also collect data about how and when you access your account, including information about the device and browser you use, your network connection and your IP address.
  • We will also use Personal Information in other cases where you have given us your express permission.
  • We may store your data in different locations for the purpose of business continuity and system recoveries.

Waahelay may also collect and create anonymous data about you, which does not identify any personal information about you and may be disclosed in our sole discretion.

 

  1. WHEN DO WE COLLECT INFORMATION?

We collect personal information from you when you register with us, place an order or enter information on our website. We need this information to provide users with our services, including supporting and processing orders, authentication, and processing payments.

 

  1. IP ADDRESSES DATA WE COLLECT UNDER EU GDPR REGULATION

 IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you.

 

  1. USER LISTS AND THIRD PARTIES

Waahelay may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. Waahelay may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide user support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Waahelay, and they are required to maintain the confidentiality of your information.

 

  1. WHEN WE DISCLOSE YOUR INFORMATION UNDER THE EU GDPR REGULATION

 Waahelay will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:

(a) Conform to the edicts of the law or comply with legal process served on Waahelay or the site;

(b) Protect and defend the rights or property of Waahelay; and,

(c) Act under exigent circumstances to protect the personal safety of users of Waahelay, or the public.

 

  1. CAN-SPAM ACT UNDER GDPR REGULATION

 In compliance with the GDPR CAN-SPAM Act, all e-mail sent from our organisation will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.

 

  1. INFORMATION WE PROCESS BECAUSE WE HAVE A CONTRACTUAL OBLIGATION WITH YOU

 When you create an account on the Waahelay website, purchase a service from us, or otherwise agree to our terms a contract is formed between you and us.  Information is collected in the Waahelay hosted checkout when a user places an order on our site, or when our users submit various types of information and data into the Service through the Waahelay administration console or through Waahelay’s API.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

  • verify your identity for security purposes
  • introduce new Offers to you
  • provide you with our products and services
  • provide you with suggestions and advice on relevant services and how to obtain the most from using our website

Waahelay processes this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.

 

  1. USERS OF THE WAAHELAY WEBSITE GENERALLY

 “Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most website operators, Waahelay gathers from users of the Waahelay Website Non-Personally-Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol (IP) address, operating system, browser type and the locations of the websites the user views right before arriving at, while navigating and immediately after leaving the Website. Although such information is not Personally-Identifying Information, it may be possible for Waahelay to determine from an IP address a user’s Internet service provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data. Waahelay analyses Non-Personally-Identifying Information gathered from users of the Website to help Waahelay better understand how the Website is being used. By identifying patterns and trends in usage, Waahelay is able to better design the Website to improve users’ experiences, both in terms of content and ease of use. From time to time, Waahelay may also release the Non-Personally-Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Waahelay Website.

 

  1. WEB COOKIES

A “Web Cookie” is a string of information which assigns you a unique identification that a website stores on a user’s computer, and that the user’s browser provides to the Waahelay website each time the user submits a query to the Waahelay website. We use cookies on our Website to keep track of services you have used, to record registration information regarding your login name and password, to record your user preferences, to keep you logged into the Website and to facilitate purchase procedures. Waahelay also uses Web Cookies to track the pages that users visit during each Website session, both to help Waahelay improve users’ experiences and to help Waahelay understand how the Website is being used. As with other Non-Personally-Identifying Information gathered from users of the Website, Waahelay analyses and discloses in aggregated form information gathered using Web Cookies, so as to help us, its partners and others better understand how the Website is being used. Waahelay users who do not wish to have web cookies placed on their computers should set their browsers to refuse web cookies before accessing the waahelay website, with the understanding that certain features of the website may not function properly without the aid of web cookies. Website users who refuse web cookies assume all responsibility for any resulting loss of functionality.

 

  1. WEB BEACONS

A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. Waahelay may use Web Beacons on the Website and in emails to count users who have visited particular pages, viewed emails and to deliver co-branded services. Web Beacons are not used to access users’ Personally-Identifying Information. This is a technique Waahelay may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information, including a Web Cookie number, time and date of a page or email view and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons.

However, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered, permitting you to accept or decline Web Cookies on an individual basis.

 

  1. ANALYTICS

We may partner with selected third parties to allow tracking technology on the Waahelay Website, which will enable them to collect data about how you interact with the Waahelay Website and our services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity.

 

  1. MOBILE DEVICE TERMS
  • Mobile Device. If you use a mobile device to access the Website or download any of our mobile applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
  • Geo-Location Information. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while downloading or using our mobile application or our services, except that it may be possible for Waahelay to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.
  • Push Notifications. We send you push notifications if you choose to receive them, letting you know when someone has sent you a message or for other service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
  • Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information, such as how often you use the application, the events that occur within the application, aggregated usage, and performance data and where the application was downloaded from. We do not link the information we store within the analytics software to any Personally-Identifying Information you submit within the mobile application.

 

  1. SOCIAL MEDIA

We may provide you the option to connect your account on the Waahelay Website to your account on some social networking sites for the purpose of logging in, uploading information or enabling certain features on the Website. When logging in using your social network credentials, we may collect the Personally-Identifying Information you have made publicly available on the social networking site, such as your name, profile picture, cover photo, username, gender, friends network, age range, locale, friend list and any other information you have made public. Once connected, other users may also be able to see information about your social network, such as the size of your network and your friends, including common friends.

By connecting your account on the Waahelay Website to your account on any social networking site, you hereby consent to the continuous release of information about you to us. We will not send any of your account information to the connected social networking site without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and our collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.

 

  1. COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION

As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Waahelay may collect a range of Personally-Identifying Information from and about Website users. Much of the Personally-Identifying Information collected by Waahelay about users is information provided by users themselves when

  • Registering for our service,
  • Logging in with social network credentials,
  • participating in polls, contests, surveys or other features of our service, or responding to offers or advertisements,
  • Communicating with us,
  • Signing up to receive newsletters. That information may include each user’s name, address, email address and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information).

We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic or relevant information as determined by Waahelay from time to time. Users of the Website are under no obligation to provide Waahelay with Personally-Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Website features.

By Registering With Or Using The Waahelay Website, You Consent To The Use And Disclosure Of Your Personally-Identifying Information As Described In This “Collection, Use And Disclosure Of Personally-Identifying Information” Section.

 

  1. WAAHELAY COMMUNICATIONS

We may occasionally use your name and email address to send you notifications regarding new services offered by the Waahelay Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails at the time of registration or through your account settings, though we reserve the right to send you notices about your account, such as service announcements and administrative messages, even if you opt out of all voluntary email notifications.

 

  1. WAAHELAY DISCLOSURES

Waahelay will disclose Personally-Identifying Information under the following circumstances:

  • By Law or to Protect Rights, when we believe disclosure is appropriate, we may disclose Personally-Identifying Information in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Waahelay, our users, our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce our Terms of Use or other agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
  • Third-Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information (including email address) with our authorised service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting Waahelay Website’s functionality and supporting contests, sweepstakes, surveys and other features offered through the Website. We may also share your name, contact information and credit card information with our authorised service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.
  • Business Transfers; Bankruptcy. Waahelay reserves the right to transfer all Personally-Identifying Information in its possession to a successor organisation in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of Waahelay assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organisation.

 

  1. GENERAL USE

Waahelay uses the Personally-Identifying Information in the file we maintain about you, and other information we obtain from your current and past activities on the Website

  • To deliver the services that you have requested;
  • To manage your account and provide you with customer support;
  • To communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties;
  • To develop and display content and advertising tailored to your interests on the Website and other sites;
  • To resolve disputes and troubleshoot problems;
  • To measure consumer interest in our services;
  • To inform you of updates;
  • To customise your experience; to
  • Detect and protect us against error, fraud and other criminal activity;
  • To enforce our Terms of Use; and
  • To do as otherwise described to you at the time of collection.

At times, we may look across multiple users to identify problems. In particular, we may examine your Personally-Identifying Information to identify users using multiple user IDs or aliases. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on the Website, enrol you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions and otherwise as needed to manage our business.

 

  1. SECURITY

 We take the security of your Personally-Identifying Information seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse.  However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures.

We are dedicated to protect all information on the Website as is necessary. However, you are responsible for maintaining the confidentiality of your Personally-Identifying Information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorised access to it or your account. If you lose control of your account, you should notify us immediately.

 

  1. PRIVACY POLICY CHANGES

Waahelay may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Waahelay Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Users should regularly check this page for any changes to this Privacy Policy. Waahelay will always post new versions of the Privacy Policy on the Website.

However, Waahelay may, as determined in its discretion, decide to notify users of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that users always maintain and update their contact information.

 

  1. CHILDREN

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain Personally-Identifying Information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personally-Identifying Information through the Website represents to us that he or she is 13 years of age or older. If we learn that Personally-Identifying Information has been collected from a user under 13 years of age on or through the Waahelay Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a member of the Website or has otherwise transferred Personally-Identifying Information to the Website, please contact Waahelay using our contact information below to have that child’s account terminated and information deleted.

 

  1. INTELLECTUAL PROPERTY

We legally own a wide range of intellectual property rights used in and relating to this website, including:

  • trademark Waahelay and related logos;
  • our business-listings directory database (‘the database’);
  • the design, text, graphics, articles, blogs and other content of the web pages on this website, together with all the web addresses associated with those web pages, other than those which we use under licence; and
  • in all the software used in relation to this website, other than that which we use under licence.

 

  1. DO-NOT-TRACK POLICY

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Because there is not yet a common understanding of how to interpret the DNT signal, the Website currently does not respond to DNT browser signals or mechanisms.

 

30. ONLINE TRANSACTIONS AND FINANCIAL PROCESSING

Waahelay uses secure third party payments management companies to complete our transactions around the globe. Whilst Waahelay conforms and adheres to providing the best customer experience possible, it is not responsible for any loss of monies where the third party vendor is involved. Waahleay is not liable for any financial loss occurred whilst using or operating our sites and services.

 

31. CHARGES

All charges advertised  are in US dollars.

 

32. UPGRADING PLANS 

Waahelay allows upgrading from a Standard to a Premier plan within the contract period providing the fee difference is paid by you.  You have the right to cancel prior to the end, however we reserve the right of refund after the 30 day period from the point of sale date. This does not affect your statutory rights as a customer.

 

33. SERVICE OUTAGES: CONTROLLED AND UNCONTROLLED

We aim to keep our websites, apps and other services available 100% of the time. However, you agree that there may be times when our service is unavailable due to either (a) unforeseen circumstance or (b) controlled outages, the latter where we find it necessary to manage maintenance on our systems.

We will always do our best to minimise any disruption in service and resume availability and functionality, but you agree that this may occur periodically during our contract with you.

 

34. CANCELLATIONS AND REFUND POLICY 

Refunds for all our products – i.e the plans and ads that are sold, are at the discretion of Waahelay Ltd.  Refunds are subject to English law. This does not affect your statutory rights.

We will refund the full amount paid on our plans Standard and Premier if you request us to in writing no later than 30 days after purchase. Refunds for these plans after 30 days from the date of purchase are at the discretion of Waahelay. On the monthly plan we will refund the full amount paid only for the current month should you decide to cancel with us.

Waahelay Ltd accepts no responsibility for refunds involving a third party that has been sourced from our site.

 

35. DISCLAIMER

You use the Waahelay website at your own risk.

We advise you to make sure you are satisfied with the exact type and nature of goods or services being offered by any organisations you search for using the Database. We also recommend that you check the qualifications of people, companies and organisations offering the goods or services. We are not an agent for and do not give guarantees for these organisations or their goods and services.

You should not rely on the website for advice; we cannot guarantee the accuracy of the results of any search made via the Waahelay search engine.

The Waahelay Websites may contain hyperlinks to websites run by companies other than Waahelay Limited. We do not control, and are not responsible for, any other websites made available from or through Waahelay Websites. We do not give any guarantees about their content or how they work. You access and use these sites at your own risk and will need to keep to any conditions of use that apply to those sites. We do not approve or sponsor any products, services or content you access or buy through these websites.

As far as the relevant laws allow, neither we nor any other members of our group of companies, shareholders, officers, shareholders, staff or other organisations connected to us (collectively, ‘Waahelay Personnel’) give you any guarantees that: there will be no problems with how you use Waahelay Websites; or the computer or server you use to log on to Waahelay Websites is free of viruses or other harmful programmes.

 

36. EXIT 

We reserve the right to terminate our contract with you should we feel you either (a) breach any of our said terms and conditions (b) act illegally (c) operate our service in a different way to that of its purpose.

You agree that no refund will be issued if we decide to terminate the agreement using clause 36.

 

37.  CONTACT

If you have any questions regarding our Terms and Conditions, please contact our Privacy Officer at:

 support@Waahelay.com