PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING Wallzy
THESE TERMS AND CONDITIONS WERE UPDATED ON 21-Sep-2021
What's in these terms?
These terms and conditions of use apply to our subscription provided through the mobile application (Wallzy Application) and our Site (https://wallzy.com/) (“Application” or “Site” or “Service”).
Who we are and how to contact us
We Wallzy Platform LLC ("We"), manage this Site and Application. We are a company registered in the Government of Sharjah, Free Zone Authority, Sharjah Media City, No. (2113951), and our registered office is located at Sharjah Media City, Sharjah, UAE. To contact us, please email email@example.com
There are other terms that may apply to you
We may make changes to these terms
We may make changes to our Site/Application
We reserve the right to change or amend our Site/Application and its content, including without limitation, adding or removing content or functionality, at any time, and without the need to notify you of such change.
We may suspend or withdraw our Site/Application
We do not guarantee that our Site/Application, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site/Application for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, and under no circumstances will we be liable to you or to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) if we do not notify you of such suspension or withdrawal. We reserve the right to refuse the Service to anyone for any reason at any time without the need to provide any justification or reason for such refusal.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organization or company. We will always inform you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
How to create an account
Once you have downloaded the Application or viewed our Site, you may be asked to create an account by logging in, either by creating an account and entering all the required details, or logging in via other social media platforms, including but not limited to Facebook, noting that you explicitly agree that we shall extract the required personal information to create the account from other social media applications, or by submitting an application form that will be shared via e-mail.
You must keep your account details safe
You must be at least 18 years of age to use our Site/Application. By using our Site/Application and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age. We may monitor and review new accounts before you may sign in and use our Site/Application. Providing false contact information of any kind may result in the termination of your account. Users of the Website/Application who are minor/ under 18 years of age, shall not register as a user of our Services and shall not transact on or use our Services.
If you register an account on our Site/Application, you must provide accurate and complete registration information and keep this information up to date at all times, including but not limited to, any change in the mobile phone number used, or change of the email address used and we will not be responsible for any actions or omissions that you have undertaken in this regard, including any damages of any kind incurred as a result of these acts or omissions.
If you choose, or provide you with, a pre-defined username, password and/or answers to security questions in order to access the Service or any other part of the information as part of our security procedures to access the service, you must treat such information as confidential. You must not disclose it to any third party, and it is your responsibility to keep this information confidential and not to disclose it to anyone else. You will be responsible for maintaining the security of your account and you are fully responsible for all activities that occur on the account and any other actions taken and related to your account.
If you believe that someone else may know the username, password, and / or pre-defined answers to security questions or have the ability to illegally access your account in any way, you must log in to your account and change the username, password, and/or answers specified Pre-questions on security questions, and notify us via email with the above contact details instantly.
We will not be liable for any actions or omissions on your part, including any damages of any kind incurred as a result of these actions or omissions. We may suspend, disable, or delete your account (or any part of it) if we determine that you have violated any of these terms and conditions of use or that your behaviour or content is detrimental to our reputation and commercial reputation. If we delete your account for the previous reasons, you may not re-register for our Services. We may block you to prevent any registration.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We are not responsible for content residing on our Site/Application. In no event shall we be held liable for any loss of any content. It is your sole responsibility to maintain appropriate backup of your content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
How you may use our Site/Application
In connection with using or accessing the Services you represent and warrant the following:
We are the owner or the licensee of all intellectual property rights in our Site/Application, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You should not print off any copy, or download extracts, of any page(s) from our Site/Application for any use without obtaining our prior written approval.
You must not use any part of the content on our Site/Application for commercial purposes without obtaining a licence to do so from us or our licensors. If you use any part of our Site/Application in violation of these terms and conditions of use, your right to use our Site/Application will cease immediately and you must, as we deem appropriate, return or destroy any copies of the materials you have prepared.
You are solely responsible for your data. You are responsible for ensuring that your data comply with all applicable laws, guidelines and recommendations in relation to the service provided. You must fully compensate us for all costs, expenses, damages, and losses, including any interest, fines, fees, or other legal or professional expenses granted against us, incurred, or paid as a result or in connection with any breach by you of your obligations under this clause.
You may only use our Site/Application for lawful purposes and in compliance with all applicable laws, including without limitation data protection and privacy laws, laws relating to copyright of content and laws relating to unsolicited commercial electronic messages. In addition, you must not:
If you breach any term of these terms and conditions your right to use our Site/application will immediately end. In addition, we may take such other actions including, without limitation, legal action as we consider appropriate. If you breach any term of these terms and conditions, or if we receive a request from a law enforcement authority to do so, we may report your identity, details of any breach and any other information we consider necessary to relevant law enforcement authorities.
We may restrict, suspend, terminate your use and access of the Site/Application and your Account without notice or liability to you and in its sole discretion, at any time if the following occurs:
Comments / Rating
Our Site/Application may contain special places for your inclusion of comments and rating of service providers from business owners who are subscribed to our Site/Application. You undertake that you will not have any comment that is offensive to any person or entity in your comment/rating of any of the service providers and that you will not use our Site/Application in an abusive manner to others. We reserve the right to delete your account with immediate effect in the event that you violate any of these terms and conditions and without the need to notify you.
You are able to purchase products from our Site/Application. All orders are subject to acceptance and availability and in some cases orders cannot be processed. We reserve the right to refuse or cancel any order for any given reason at the time. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because we have run out of stock, because of unexpected limits on third party resources which we could not reasonably plan for or because we have identified an error in the price or description of the product. We will assign an order number to your order and tell you what it is when your order has been accepted.
All pricing information on the Site/Application are correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct.
Payment for your order may be processed immediately. You may be required to verify your identity. This verification helps us to maintain a safe place to buy and sell. By using a third-party service, you may also be subject to an agreement with the third-party. For example, PayPal is a third-party service We use for payment processing and for identity verification, which is provided by PayPal Holdings, Inc. and is subject to the PayPal User Agreement. Acceptance of our terms and conditions of use automatically constitutes acceptance of PayPal’s terms and conditions. Once payment is made, confirmation notice will be sent to the customer via email within 24 hours of receipt of payment
If you are paying by effecting an online payment, a validation checks and authorization by the card issuer will be made and payment will be debited and cleared from your account at the time an order is made. Visa or Mastercard debit and credit cards in USD, AED & JOD will be acceptable for Payment. Cardholder must retain a copy of transaction records and merchant policies & rules
We take care to ensure that the Site/Application is secure and that details of your order and payment are kept confidential, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site/Application.
If We receive notice that your listings or activity violates any third-party service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include cancelling a transaction or suspending your account.
Customer may can cancel their order within 24 hours, however, full refund will not be applicable unless We have incurred no costs/expenses with respect to the order being purchased. Refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45 days for the refund transfer to be completed. Refunds will be done only through the original mode of payment.
We attempt to be as accurate as possible in the description of the products. However, we do not warrant that such a description is totally accurate, complete, reliable and error free. In case you are not satisfied with the product ordered by you, please contact the us at the following email: [INSERT EMAIL]. You will not be able to refund any products unless serious defect appeared in the product. In this case, we shall not be liable for any damages in whatever means or from, but at our discretion, has the right to fully refund your payment or ship a new product.
In the event that services are provided that are not in conformity with your order and thus incorrect, you should contact us within 7 calendar days to inform us of the mistake from the date of receipt.
We accept returns within 7 days of receipt, only if their delivery packaging has not been opened or the products are damaged or wrong product. Please notify Us and return the box in its original packaging. In such instances, we will endeavour to send you another or refund the payment. We can only accept returns of products that have not been tampered with, are sealed and remain in the original packaging. If all these conditions are met, please ship your products back to us using a registered courier service and we will issue a full refund. Please note that we reserve the right to refuse any returned shipments if the product has been used or tampered with. Shipping & Handling fees are non-refundable
Content Provider Payment
Artists that upload their content for sale on our Application/Website will be entitled to determine the selling price of the content whilst maintaining our commission/percentage from handling the process. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. When the content is sold, the concerned artist will be notified of the purchase, such notification will include the details of the purchase but not the identity of the purchaser. We will pay the artist on demand basis, therefore the artist is responsible for requesting their payment, by pressing the “Pay Me” button found on the Artist’s dashboard and following the steps required to receive the accrued credit resulting from the purchases. Artist shall provide accurate payment details. Any commission or deductions that may be applicable by the chosen payment method will be borne solely by the Artist. We reserve the right to withhold any payments to the Artist at our sole discretion should the Artist breach any of the terms and conditions or applicable laws without any liability to be held against Us.
We deliver all displayed items to all countries and mainly UAE. Shipping will be done by a third-party courier. Delivery within UAE cities shall be within 14 days and from 14 to 28 working days to other countries. Delivery Fees will be will displayed on the checkout page depending on the country and location. Avoid any delivery delay by providing your full address along with your contact details.
Products & Services
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site/Application are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site/Application does not imply or warrant that these products or services will be available.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We may modify or discontinue any part of the Site/Application; charge, modify, or waive fees required to use the Site/Application; or offer opportunities to some or all Site/Application users.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Site/Application. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Should you create an account to post any products or items at our Site/Application, you will be able to determine the price in which such product or item should be sold to customers. We will disclose the percentage that will be added upon your price and the final price of the product. This price shall include the operational costs and expenses. We reserve to amend and modify the cost that we charge at any time.
From time to time, you may be communicated with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site/Application. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
Disclaimer of warranty
We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure occurs due to any cause beyond our reasonable control.
You expressly agree that your use of our Site/Application and its services is solely at your own risk. You agree that our Site’s/Application’s services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Site/Application’s services or any transactions entered into through our Site/Application. No advice or information, whether oral or written, obtained by you from us or through the services shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, we, our affiliates, officers, directors, employees, agents, suppliers or licensors shall under no circumstances whatever be liable to you or to any person, whether in contract, tort (including negligence), breach of statutory duty, warranty or otherwise, for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity), even if we have been advised as to the possibility of such damages or could have foreseen such damages.
You can grant and revoke access to your data at any time, or deny requests to access your data. Under no circumstances shall we be liable to you or any person for any indirect, incidental, special or consequential damages (including, but not limited to, damages arising from loss of profits, revenue, sales, goodwill, use of the content, or Influencing work, business interruption, loss of anticipated savings or loss of business opportunities) as a result of your granting or revoking access to your data on our Site/Application or resulting from any interruption or suspension of services by any external entities, listed or unlisted by us, as a result of your actions in Cancellation, restriction and / or denial of access to your data / information.
You agree to indemnify and hold us and our affiliates, officers, directors, employees, agents, suppliers or licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party claims, allegations, disputes, actions or demands asserted against any of them as a result of or relating to your content, data, your use of our Site/Application or services or any wilful misconduct on your part.
We may employ third party companies and individuals to facilitate and implement our services ("Service Providers"), provide the services on our behalf, perform services-related services or assist us in analysing how our services are used or to process, analyse, store and save any relevant information including your personal data. These third parties have access to your personal data only to perform these tasks on our behalf and will be obligated not to disclose or use it for any other purpose.
Do not rely on information on this Site/Application
The content on our Site/Application is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site/Application.
Although we make reasonable efforts to update the information on our Site/Application, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site/Application is accurate, complete or up to date.
We are not responsible for sites and applications we link to
Where our Site/Application contains links to other Site/Applications and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked applications or information you may obtain from them. We have no control over the contents of those Sites/Applications or resources.
User-generated content is not approved by us
This site/application may include information and materials uploaded by other users of the Site/Application. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site/Application do not represent our views or values.
We reserve the right to change this Terms and Conditions at any time. You are responsible for regularly reviewing these terms and conditions for any changes. Such modifications, amendments or deletions shall be effective immediately upon posting on the Site/Application, as per the date of modification mentioned hereunder. Continued use of the Application following any such changes will be interpreted as acceptance to such changes by yourself.
We reserve the right to change or amend our Site/Application and its content, including without limitation, adding or removing content or functionality, at any time, and without the need to notify you of such change.
How to complain about our service
How we may use your personal information
We will only use your personal information as set out in our https://www.wallzy.com/privacy-policy.
All content included on the Site/Application including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Us, our affiliates or other relevant third parties. By continuing to use the Site/Application you acknowledge that such material is protected by applicable intellectual property and other laws.
Your use of the Site/Application and its contents grants you no right to reproduce, copy, distribute, store or in any other fashion re-use material from the Site/Application unless otherwise indicated on the Site/Application or unless given express written permission to do so.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site/Application and to promptly end any infringement that might occur. If you believe that the Site/Application contains elements that infringe your copyrights in your work, please contact us immediately.
In addition to other terms as set forth in these terms and conditions, you are prohibited from using our Site/Application its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Site or the services or of any other related mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Site/Application or the service or any other related mobile applications, or the Internet. We reserve the right to terminate your use of our Site/Application or any related service for violating any of the prohibited uses. We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE.
Uploading content to our Site/Application
Whenever you make use of a feature that allows you to upload content to our Site/Application or to make contact with other users of our Site/Application, you must comply with our content standards.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We may suspend, disable, or delete your account (or any part of it) if we determine that any third party with a valid claim or claim that any content you post or upload to our Site/Application violates their intellectual property rights, or their right to privacy. You are solely responsible for securing and backing up your content.
You will continue to own any content which you upload to our Site/Application, but for so long as that content remains on our Site/Application you grant us a license to use, store, copy, perform, distribute, display and make available that content and to permit any third-party to use, download, print and reproduce it in accordance with our terms and conditions.
You are solely responsible for securing and backing up your content.
Any content you upload to our Site/Application will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Site/Application a limited license to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site/Application constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Site/Application if, in our opinion, your post does not comply with our content standards.
You agree that any uploaded content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of spam, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the uploaded content you submit, and We assume no liability for any content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor the content; (ii) alter, remove, or refuse to post or allow to be posted any content; and/or (iii) disclose any content, and the circumstances surrounding its transmission, to any third party.
Rights you are giving us to use material you upload
When you upload or post content to our Site/Application you grant us the following rights to use that content:
We are not responsible for viruses and you must not introduce them
We do not guarantee that our Site/Application will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and Application to access our Site/Application You should use your own virus protection software.
You must not misuse our Site/Application by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site/Application the server on which our Site/Application is stored or any server, computer or database connected to our Application You must not attack our Site/Application via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the applicable laws. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site/Application will cease immediately.
Which country's laws apply to any disputes?
Acceptance of these terms and conditions
You acknowledge that you have read these terms and conditions and agree to all its provisions. By using our Site/Application or its services you agree to be bound by these terms and conditions. If you do not agree to abide by these terms and conditions, you are not authorized to use or access our Site/Application and its services.