Terms
& Conditions:
1 Acknowledgment & Acceptance By registering
and/or using the WapGateway service ("Service"), you
agree that you have read and understand this Agreement
("Agreement") and that your membership in the Service
shall conform to its terms and conditions ("Terms").
The Service is operated by WapGateway Technologies
("WapGateway Technologies / Wapgateway / We") and
therefore this Agreement is between you and WapGateway
Technologies.
2 Service description You may not use this
gateway for spam, any illegal purpose, or if your
wireless service provider forbids you from using an
alternative Wap Proxy/Wap Gateway. Wapgateway Technologies
will not be liable for any loss or damage incurred
by you due to your use of Wapgateway Services. You
are solely responsible for your activities while using
Wapgateway Services and indemnify us against any claim
resulting from your use of Wapgateway Services which
breach our terms.
3 Our Service Privacy Policy We promise to
maintain the privacy of your personal information.
The full extent of our commitment can be found in
our Privacy Statement. By
enrolling and using the Service, you agree to be bound
by the terms of the Privacy
Statement.
4 Terms of Participation Service membership
and its right to use is limited to one individual
per Service account and to use one email address per
Member. You agree to provide only true and accurate
information to the Service (including to its advertisers
and partners) at all times. If there are any changes
to the registration information supplied by you, it
is your responsibility to inform us as soon as possible.
You agree to comply with the terms of all the Service
at all times. You agree not to abuse Service privileges
by conduct which is detrimental to the interests of
WapGateway Technologies.
5 Member accounts Upon completing the Service's
registration process you will chosen a username and
password. You are responsible for maintaining the
confidentiality of your username and password, and
you are fully responsible for all activities that
occur under your password or account. You agree to
immediately notify us of any unauthorized use of your
password or account or any other breach of security.
WapGateway Technologies cannot and will not be liable
for any loss or damage arising from your failure to
comply with this section.
6 Members conduct You agree to only use the
Service in a manner that is consistent with the Terms
and in such a way as to ensure compliance with all
applicable laws and regulations. You shall ensure
that your personal profile is up-to-date and accurate.
You agree to promptly notify us of any change in your
address (mail or email) or personal profile by updating
your personal information at www.wapgateway.net (the
"Service Web site"). You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or
access to the Service.
If required by law we would actively monitor the
content of mobile phone browsers connecting WapGateway
Servers and store it at our side. If there is any
kind of abuse of WapGateway Services, We will work
with relevant authorities to identify abusers.
WapGateway service should not be used to threaten,
harass, stalk or abuse other users. WapGateway Technologies
service should not be used for any kind of unlawful,
illegal, harmful, defamatory, vulgar, obscene, offensive,
objectionable, pornographic manner.
We do not take responsibility for any opinions expressed
by WapGateway Member/User or for any content that
may be considered objectionable.
WapGateway Technologies Service should not be used
to spam and send any unsolicited or unauthorized messagse
to other users.
Do not impersonate your association with any person
or entity, or forge or otherwise seek to conceal or
misrepresent another user
Do not give out any persoanl information like your
mobile numbers/contact numbers/address which can identify
you on the WapGateway Service to any user. This information
can easily be used for illegal or harmful purposes.
Any material that can be found infringing, obscene
or illegal that may give rise to our civil or criminal
liability or which may consititue or be considered
a violation of any local, national or international
law will be reported to revelant authorities.
7 Termination of Membership At any time either
you or WapGateway Technologies may terminate your
membership immediately with or without cause. Your
right to use your membership immediately ceases upon
termination. Termination of your membership by you
is effective upon you submitting a termination request
through the Service Web site and you receiving a message
from the Service confirming termination. You shall
comply with all laws, rules, and regulations that
are applicable to you. You acknowledge that you may
only participate in the Service if and to the extent
that such participation is permitted by such laws,
rules, and regulations. We may refuse to register
you, or to restrict, modify, or terminate your participation
in the Service, without liability to you or any other
party, if you violate any law, rule, or regulation,
or if your participation in the Service could violate
any law, rule, or regulation. We reserve the right
to terminate or disable, at our sole discretion, any
Service membership if we reasonably believe such Member
has violated or acted inconsistently with the rules
of the Service or this Agreement. WapGateway Technologies
shall be the sole determiner in cases of suspected
abuse, fraud, or violation of its rules and any decision
it makes relating to termination of membership shall
be final and binding. Should you object to any of
the terms and conditions of this Agreement, or any
subsequent modifications thereto, or become dissatisfied
with the Service, your only recourse is to immediately
discontinue participation in the Service and properly
terminate your membership.
8 Disclaimer of Warranties You expressly agree
that use of the Service is at your sole risk. The
Service and all services offered therein are provided
on a strictly "as is" and "as available" basis. WapGateway Technologies
makes no warranty with regard to any products, services,
or rewards obtained by you through the Service that
services will meet your requirements; or that the
Service will be uninterrupted, timely, error free;
nor does WapGateway Technologies make any warranty
as to the results that may be obtained by the use
of the Service or as to the accuracy or reliability
of any information obtained through the Service. We
expressly disclaim any and all express and implied
warranties, including, but not limited to, the implied
warranties of merchantability, fitness for a particular
purpose, and non-infringement. WapGateway Technologies
shall not be liable or responsible for those guarantees,
warranties, and representations, if any, offered by
Service advertisers, partners, manufacturers of merchandise,
or suppliers of services. No advice or information,
whether oral or written, obtained by you from WapGateway Technologies
or through the Service shall create any warranty not
expressly made herein. Nothing in this Agreement seeks
to exclude or limit any rights which you might have
as a consumer that may not be limited or excluded
nor does it seek to limit or exclude liability for
any death or personal injury which either party may
have resulting from its negligence
9 Limitation of Liability WapGateway Technologies
shall not be liable for any special indirect, punitive,
incidental, special, or consequencial damages relating
to the participation or inability to participate in
the Service. WapGateway Technologies is not responsible
for damages or losses that result from participating
or inability to participate in the Service, or reliance
on or use of information, services, or merchandise
provided on or through the Service. You acknowledge
and agree that WapGateway Technologies neither endorses
the contents of advertisements or third parties' web
sites, nor assumes responsibility or liability for
the accuracy of material contained therein, or any
infringement of third party intellectual property
rights arising therefrom, or any fraud or other crime
facilitated thereby. WapGateway Technologies is not
responsible and assumes no liability for changes or
discontinuances of service from providers which may
affect offers.
10 Participation in Promotions of Advertisers
and Partners Your correspondence with or participation
in promotions of Service advertisers and partners,
including payment and delivery of related goods or
services, and any other terms, conditions, warranties
or representations associated with such dealings,
are solely between you and the advertiser or partner.
WapGateway Technologies assumes no liability, obligation,
or responsibility for any part of any such correspondence
or promotion, including without limitation withdrawal
or modification of any offer or promotion.
11 Non-Transferability Your right to use the
Service is non-transferable. Service accounts are
not transferable upon death or otherwise by operation
of law.
12 Proprietary Rights to Content You acknowledge
that Service content (including but not limited to
text, sound, photographs, graphics, or other material
contained in any Service communication, advertisements,
or messages, whether by WapGateway Technologies or our advertisers
or partners), Service and software are protected by
copyrights, trademarks, service marks, patents, and/or
other proprietary rights and laws. Member is only
permitted to use content, Service, or software as
expressly authorised by WapGateway Technologies, its advertisers and
partners, as the case may be. Except as expressly
authorized by WapGateway Technologies or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the
Software, in whole or in part.
13 Modifications We reserve the right to revise
the contents of the Service Web site including the
Terms and conditions from time to time. Any such changes
will not constitute an amendment to your Agreement.
These terms and conditions cannot be varied. We reserve
the right to modify or discontinue the Service with
or without notice to you. We shall not be liable to
you or any third party should we exercise our right
to modify or discontinue the Service.
14 Notices All notices given by us to you
will be given by email or by general posting on the
Service Web site.
15 Indemnification You agree to indemnify
and hold us, our affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any
claim, demand, expense, or damage, (including reasonable
legal fees) made by any third party due to or arising
out of, your use of the Service, your connection to
the Service, your violation of the Terms, content
you submit, post to or transmit through the Service
or your violation of any rights of another.
16 Miscellaneous This Agreement will be governed
by and construed and interpreted in accordance with
the law. This Agreement constitutes the complete and
exclusive understanding between us and you relating
to the subject matter hereof and supersedes all prior
or contemporaneous understandings, agreements, communications,
and/or advertising with respect to such subject matter
provided that nothing in this Agreement seeks to limit
or exclude any right either party may have in respect
of fraudulent misrepresentation Our failure to exercise
or enforce any right or provision of this Agreement
shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by us in writing.
If any part of these Terms is unenforceable (including
any provision by which WapGateway Technologies excludes its liability
to the Member), the enforceability of any other part
of these Terms will not be affected. Please report
any violations of the Terms to WapGateway Technologies
by email to info@wapgateway.net
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