General Terms & Conditions of the App & Website

WASHARE LIMITED

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE AT HTTPS://WWW.WASHARE.COM  OR OUR APPS

Last updated: July 2019

What’s in these terms?

These terms of use tell you the rules for accessing and using our website https://www.washare.com and the Cashare and/or Washare software applications provide by us.

Who We are and how to contact us

 

https://www.washare.com is a website operated by Washare Limited (“We”, “Us” or “Washare”). We are registered in England and Wales under company number 11638614 and have our registered office at Berkley Square House, Berkley Square, London W1J 6BD, United Kingdom.

To contact us, please email info@Washare.com.

Terms of Use

These terms of app and website use (“Terms of Use”) apply to your access to and your use of our website https://www.washare.com (the “Website”) and the Cashare and/or Washare software applications provide by Us (the “Apps”).

By using the Website and Apps you accept these terms

By using the Website or either of the Apps, you confirm that you accept these Terms of Use and that you agree to comply with them.

If you do not agree to these Terms of Use, you must not use the Website or Apps.

There are other terms that may apply to you

These Terms of Use refer to the following additional terms and policies, which also apply to your use of the Website and Apps:

Our Privacy Policy (including cookies statement) at https://www.washare.com/privacy-policy/.

Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Website and Apps. When using the Website or an App, you must comply with this Acceptable Use Policy.

Please note that these Terms of Use only cover your access to and use of the Website and Apps; they DO NOT apply to any booking services which are provided by Us via the Apps. If you use the booking services available via the Apps our separate terms and conditions of supply will apply in addition to these Terms of Use.

Where used within these Terms of Use, the phrase “Our Standard Terms and Policies” refers to any or all of the following policies: our Privacy and Cookie Policy, our Acceptable Use Policy , these Terms of Use, the Cashare Terms and Conditions and the Washare Terms and Conditions.

Promotions

If you enter any competitions, sweepstakes, special offers or other promotions on the Website or an App, separate terms and conditions may also apply in addition to our Standard Terms and Policies. In the event of a conflict between any additional terms and conditions and our Standard Terms and Policies, such additional terms shall prevail to the extent of the conflict.

By creating an Account, you agree that We may send you material through email or through text (SMS) messages at any time in relation to such competitions, sweepstakes, special offers and other promotions.

You may “opt out” so that you do not receive the notifications or messages described above. You acknowledge that opting out of receiving the same may impact your use of our services.

We may make changes to these Terms of Use

We amend these Terms of Use from time to time. Amendments will be effective upon our posting of such updated Terms of Use. Your continued use of the Website and the Apps following such amendment shall be deemed to be your acceptance of such amendment. Every time you wish to use the Website or an App, please check these Terms of Use to ensure you understand the terms that apply at that time.

We may change, suspend or withdraw the Website or Apps

The Website and Apps are made available free of charge. We may update and change the Website and/or the Apps from time to time to reflect changes to our service offerings, our users’ needs and our business priorities.

We do not guarantee that the Website or the Apps, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website and the Apps for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are responsible for ensuring that all persons who access the Website and the Apps through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Network and hardware requirements

You are responsible for obtaining the data network access necessary to use or make use of the Website and Apps. Your mobile network’s data and messaging rates and fees may apply if you access or use the Website or Apps from a wireless-enabled device and you shall be responsible for such rates and fees.

You are responsible for acquiring and updating compatible hardware necessary to access and use the Website and Apps. We do not guarantee that the Website and Apps will function on any particular hardware or device. In addition, access to the Website and Apps may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

How We may use your personal information

We will only use your personal information as set out in our https://www.washare.com/privacy-policy/.

Trademarks

We expressly reserve all rights in and to the https://www.washare.com domain name and all related domains and sub-domains, the names “Washare” and “Cashare”, our logos, service marks, trading names and/or trademarks. Other trademarks, products and company names mentioned on the Website or via the Apps may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

You may not: (i) remove any copyright, trademark or other proprietary notices from any part of an App or the Website or services generally provided, operated or controlled by Washare Limited; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the content of an App, the Website or other services generally provided, operated or controlled by Washare Limited except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the content of an App, the Website or other services generally provided, operated or controlled by Washare Limited; (iv) link to, mirror or frame any portion of an App, the Website or other services generally provided, operated or controlled by Washare Limited; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of an App or the Website or other services or unduly burdening or hindering the operation and/or functionality of any aspect of an App, the Website or other services provided by Washare Limited; or (vi) attempt to gain unauthorised access to or impair any aspect of an App, the Website or any services operated by Washare Limited or its related systems or networks.

How you may use material on the Website or Apps

We are the owner or the licensee of all intellectual property rights in the Website and Apps, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Subject to your compliance with these Terms of Use, We grant you a limited, revocable, non-transferable, non-assignable licence to: (i) access and use the Website and the Apps on your personal device(s) solely in connection with your use of the services made available to you by us; and (ii) access and use any content, information and related materials that may be made available through such services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Washare Limited and Washare Limited’s licensors.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on the Website and Apps must always be acknowledged.

You must not use any part of the content on the Website or the Apps for commercial purposes without obtaining a licence to do so from Us or our licensors.

If you print off, copy or download any part of the Website or Apps in breach of these Terms of Use, your right to use the Website and our Apps will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Claims of intellectual property infringement

Washare Limited appreciates and has full respect for the original creative work of others and their rights to any creative work falling under their intellectual property ownership.

If you feel that Washare Limited has infringed your or your organisation’s intellectual property rights in any capacity, please notify Us of the same. Any claims of intellectual property infringement should be sent to Washare Limited’s registered office as set out above or electronically at info@Washare.com.

Do not rely on information on the Website or Apps

Although We make reasonable efforts to update the information on the Website and Apps, We make no representations, warranties or guarantees, whether express or implied, that the content on the Website and Apps is accurate, complete or up to date.

We are not responsible for websites We link to

The Website and Apps may contain links to supplemental third-party websites or services (including advertising) that are not owned or controlled or carried out by Washare. Such links should not be interpreted as approval by Us of those linked websites or information you may obtain from them.

We have no control over, and assume no responsibility for, the contents of those third-party websites or services. Washare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third- party websites or services that you visit.

Additionally, Apple Inc. or Google Inc. (and/or their applicable international subsidiaries and affiliates) will be third-party beneficiaries if you access any services via either the Cashare or Washare App using an application developed for Apple iOS or Android powered mobile devices, respectively. These third party beneficiaries are not responsible for the provision or support of any services available via the Apps. Your access to such services using these devices is subject to the terms set out in the applicable third party beneficiary’s terms of service.

Damage to your computer or other device 

We use reasonable efforts to ensure that the Website and Apps are free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of the Website and Apps (including any content on them or any website accessible from them) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website and Apps safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, we shall not be liable to you for any loss or damage you may suffer as a result of viruses or other malicious or harmful content that you access from or via the Website or Apps.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our separate terms and conditions of supply applicable to each App. These separate terms are available when you register on each App.

We exclude all implied conditions, warranties, representations or other terms that may apply to the Website or the Apps or any content on them.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, the Website or Apps; or

use of or reliance on any content displayed on the Website or Apps.

In particular, We will not be liable for:

any economic losses (including without limitation any loss of profits, sales, business, revenue or anticipated savings);

loss of goodwill or reputation; or

any special, indirect or consequential loss or damage.

Rules about linking to the Website or an App

You may link to the Website or App only if you comply with all of the following rules:

You may link to our homepage only.

You may link only in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Website or an App in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

Which country’s laws apply to any disputes?

These Terms of Use, their subject matter and their formation are governed by and construed in accordance with the laws of England and Wales. You and We both submit to the exclusive jurisdiction of the courts of England and Wales.

Waiver

No relaxation or delay by Us in exercising any right or remedy under these Terms of Use shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

Severability

If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.

Entire Agreement

Except as otherwise set out in the section above entitled “There are other terms that may apply to you”, these Terms of Use set out the entire agreement between you and Us and supersede any and all prior agreement, understanding or arrangement between you and Us, whether oral or in writing, to the fullest extent permitted by law.