terms and conditions

WITALKER

Terms of Use

Ver1.0

Unless otherwise specified, the terms of use detailed in this section apply generally when using the WITALKER SAAP Application.

Single or additional conditions of use or access may apply in specific scenarios, and such cases are additionally indicated within this document.

By using WITALKER, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users.

Account Registration

Users must register or create a user account to use the Service, providing all required data or information entirely and truthfully.
Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users must also choose passwords that meet the highest standards of strength permitted by WITALKER.

By registering, Users agree to be fully responsible for all activities under their username and password.
Users must immediately and unambiguously inform the Owner via the contact details indicated in this document if they think their personal information, including but not limited to User accounts, access credentials, or personal data, has been violated, unduly disclosed, or stolen.

Account Termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

At its sole discretion, the Owner reserves the right to suspend or delete at any time and without notice User accounts which it deems inappropriate, offensive, or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages, or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on WITALKER

Unless otherwise specified or recognizable, all content available on WITALKER is owned or provided by the Owner or its licensors.

The Owner does its utmost to ensure that the content provided on WITALKER infringes no applicable legal provisions or third-party rights. However, it may only sometimes be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on WITALKER – All rights reserved.

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

But without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on WITALKER, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on WITALKER, the User may download, copy, or share some content available through WITALKER for its sole personal and non-commercial use, provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users.

The Owner allows Users to upload, share, or provide their content to WITALKER.

By providing content to WITALKER, Users confirm that they are legally allowed to do so and are not infringing any statutory provisions or third-party rights.

Rights regarding content provided by Users.

Users acknowledge and accept that by providing their content on WITALKER, they grant the Owner a non-exclusive, fully paid-up, and royalty-free license to process such content solely for the operation and maintenance of WITALKER as contractually required.

To the extent permitted by applicable law, Users waive any moral rights concerning content they provide to WITALKER.

Users acknowledge, accept, and confirm that all content they provide through WITALKER is offered subject to the same general conditions set forth for content on WITALKER.

Liability for provided content.

Users are solely liable for any content they upload, post, share, or provide through WITALKER. Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete, block, or rectify such content at its discretion and to, without prior notice, deny the uploading User access to WITALKER:

• If any complaint based on such content is received,
• a notice of infringement of intellectual property rights is received.
• Upon order of a public authority or
• The Owner is made aware that the content, while accessible via WITALKER, may represent a risk for Users, third parties, and the availability of the Service.

The removal, deletion, blocking, or rectification of content shall not entitle Users who have provided such content or are liable for any compensation, damages, or reimbursement claims.
Users agree to hold the Owner harmless from and against any claim asserted and damage suffered due to content they provided to or provided through WITALKER.

Access to external resources

Through WITALKER, Users may access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such aids and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each third party’s terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

Under these Terms and applicable law, WITALKER and the Service may only be used within the scope of what they are provided for.

Users are solely responsible for ensuring that their use of WITALKER or the Service violates no applicable law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including by denying Users access to WITALKER or the Service, terminating contracts, reporting any misconduct performed through WITALKER or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected of engaging in any of the following activities:

• Violate laws, regulations, or these Terms.
• Infringe any third-party rights.
• Considerably impair the Owner’s legitimate interests.
• Offend the Owner or any third party.

Software license

The Owner and its licensors hold any intellectual or industrial property rights and any other exclusive rights on software or technical applications embedded in or related to WITALKER.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and any other technical means embedded in the Service within the scope and for WITALKER and the Service offered.

This license does not grant Users any rights to access, use, or disclose the source code. All software techniques, algorithms, and procedures and any documentation are the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this license, Users may download, install, use, and run the software on the permitted number of devices, provided such devices are shared and up to date regarding technology and market standards.

The Owner reserves the right to release updates, fixes, and further developments of WITALKER and its related software and to provide them to Users for free. Users may need to download and install such updates to continue using WITALKER or its related software.

New releases may only be available against payment of a fee.

The User may download, install, use, and run the software on one device.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on WITALKER, as part of the Service, are based on payment.

The fees, duration, and conditions applicable to the purchase of such Products are described below and in the dedicated sections of WITALKER.

Product Description

Prices, descriptions, or availability of Products are outlined in the respective sections of WITALKER and are subject to change without notice.

While Products on WITALKER are presented with the greatest accuracy technically possible, representation on WITALKER through any means (including graphic material, images, colors, and sounds) is for reference only. It implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps are taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

• Users must choose the desired Product and verify their purchase selection.
• After reviewing the information displayed in the purchase selection, Users may place the order by submitting it.

Order Acceptance

• Unless the order receipt expressly includes the acceptance of the order, in which case the contract is then entered, the purchase contract is entered into when the User receives the communication of order acceptance.
• Subject to availability and the Owner’s discretion, the order shall be accepted without delay.
• If the order is not accepted, the Owner shall issue a refund.

The rejection of an order shall not entitle the User to bring any claim against the Owner, including compensation for damages.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission about any fees, taxes, and costs (including, if any, delivery costs) that they will be charged.

Prices on WITALKER are displayed:

• Either exclusive or inclusive of any applicable fees, taxes, and costs, depending on the section the User is browsing.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available, subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of WITALKER.

All payments are independently processed through third-party services. Therefore, WITALKER does not collect any payment information – such as credit card details – but only receives a notification once the payment has been completed.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Payment of price in installments

The purchase price payment may be settled in two or more installments within the deadlines specified on WITALKER or otherwise communicated by the Owner.
Specific Products may be excluded from this payment model.
If the User fails to meet any payment deadlines, the outstanding amount shall become immediately due and payable.

Retention of Product Ownership

Until the Owner receives payment of the total purchase price, any Products ordered shall not become the User’s property.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the Owner receives the total purchase price.

Delivery

Delivery of digital content

Unless otherwise stated, digital content purchased on WITALKER is delivered via download on users’ chosen device(s).

Users acknowledge and accept that to download or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market standards.

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days) for any reason without justification. Users can learn more about the withdrawal conditions within this section.

Who does the right of withdrawal apply to?

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules to withdraw from contracts entered online (distance contracts) within the specified period applicable to their case for any reason and without justification.

Users must fit this qualification to benefit from the rights described in this section.

Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.

To this end, Users may use the model withdrawal form available within the document’s “definitions” section. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. Users must send the withdrawal notice before the withdrawal period expires to meet the deadline within which they can exercise such right.

When does the withdrawal period expire?

• In case of purchase of digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is entered into unless the User has waived the withdrawal right.

Effects of withdrawal

The Owner will reimburse users who correctly withdraw from a contract for all payments made to the Owner, including, if any, those covering the delivery costs.

However, any additional costs resulting from choosing a particular delivery method other than the least expensive standard delivery offered by the Owner will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees due to such reimbursement.

Liability and indemnification

US Users

Disclaimer of Warranties

WITALKER is provided strictly on an “as is” and “as available” basis. Use of the Service is at the Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the user from the owner or through the Service will create any warranty not expressly stated herein.

Without limiting the preceding, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained using the Service is downloaded at the user’s own risk, and users shall be solely responsible for any damage to the User’s computer system or mobile device or loss of data that results from such download or the Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or malfunction with the User’s web browser, mobile device, or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent applicable law prohibits.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for

• any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein.
• Any errors, mistakes, or inaccuracies of content.
• Personal injury or property damage resulting from User access to or use of the Service.
• Any unauthorized access to or use of the Owner’s secure servers or any personal information stored therein.
• Any interruption or cessation of transmission to or from the Service.
• Any bugs, viruses, trojan horses, or the like may be transmitted to or through the Service.
• Any errors or omissions in any content or for any loss or damage incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Service or
• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Therefore, the above limitations or exclusions may not apply to the User. The terms give the User specific legal rights, and the User may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent applicable law prohibits.

Indemnification

The User agrees to defend, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User.
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties outlined in these terms.
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights.
• User’s breach of any statutory law, rule, or regulation.
• Any content submitted from the User’s account, including third-party access with the User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information.
• The user’s willful misconduct or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent applicable law allows.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g., labor actions, infrastructural breakdowns or blackouts, etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of WITALKER and its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about using their Data, Users may refer to the privacy policy of WITALKER.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to WITALKER, are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties concerning intellectual property.

All trademarks — nominal or symbolic — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with WITALKER are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User in the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship before the User’s acceptance. The User can obtain any prior understanding from the Owner.

If applicable law requires, the Owner will specify the date the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes to these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications using WITALKER must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users

Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find an amicable agreement on valid and enforceable provisions, thereby substituting the void, invalid, or unenforceable parts.
In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity, or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement unless the severed clauses are essential to the Agreement or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and resides in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users who qualify as European Consumers or those based in Switzerland, Norway, or Iceland.

Dispute resolution

Amicable dispute resolution 

Users may bring any disputes to the Owner, who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of WITALKER or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint, including a brief description and, if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint immediately within 21 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.