WhatsApp Directory Terms & Conditions

Revision Date:  10 February 2016

 

Definitions

 

Bluetiq GmbH is the provider of the WhatsApp Directory Service.

‘Bluetiq’, ‘we’, ‘us’ and ‘our’ refers to Bluetiq GmbH and/or its employees, affiliates or parent.

‘User’, ‘you’ and ‘your’ refers to the user of the WhatsApp Directory.

‘Service(s)’ refers to the WhatsApp Directory website and all of its functionalities.

‘Terms’ refers to the Terms and Conditions, as set forth herein.

‘Content’ includes but is not limited to text, links, images, photographs and recordings.

 

Legal Agreement

 

Before using the Directory, please read carefully these terms and conditions. These terms constitute a legal agreement (“Agreement”) between you and us.  In order to use the Service and the associated application you must agree to the terms that are set out below. By registering for the Directory and/or using any of the Services you explicitly agree to be bound by the terms of this Agreement, including any amendments made by us that are published herein.

 

The terms of this Agreement are set forth below, and also include our Privacy Policy which you are required to read. This Agreement is subject to change by Bluetiq GmbH in its sole discretion at any time, by posting the amended terms on the WhatsApp Directory website. Continued use of the Service after any such amendments shall constitute your consent to such changes.

 

Please choose carefully the information you post on or through the Services and that you provide to other users. Your Directory profile may not include any form of prohibited content, as outlined in the Code of Conduct below. Despite this prohibition, information, materials, products or services provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate these terms, and we assume no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please notify us by reporting the misuse via the application or sending an e-mail to info.za@xs2friends.com.

 

Subject to your compliance with this Agreement, we hereby grant you a limited, non-exclusive, non transferable license to use the Directory on a mobile device that you own or control and to run the Directory solely for your own personal use. You may not rent, lease, lend, sell, redistribute or sublicense the Directory. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Directory, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Bluetiq GmbH and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

  1. Description of the WhatsApp Directory.

The WhatsApp Directory is a website  that offers a way to make contact with other people by sharing your personal profile which includes (but is not limited to) your mobile phone number so that other users can download your mobile phone number into their Whatsapp Directory on their mobile phone and contact you.  The Directory is available via internet browsers like Internet Explorer, Edge, Safari etc.  We are not responsible if you do not have a compatible version of an internet browser. In order to be able to make use of the Directory you need to be subscribed to a Bluetiq content service. The unsubscribed user and the subscribed user are referred to collectively in these terms as ‘user’. If you register with the Directory, the Directory offers  the possibility to get in contact with other  users of the Directory by downloading their mobile phone number into your Whatsapp Directory on your mobile phone.

  1. Age requirement.

 

The application is not intended for individuals under 18 years of age.  If you are under 18 years of age, you are prohibited from using the Directory and you may not access any features that allow you to provide information to us or communicate and share information with other users. By using the Directory, you represent and warrant that you are at least 18 years of age. You also represent and warrant that you have never been convicted of a criminal offence and that you are not required to register as a sex offender with any governmental entity. Your profile may be deleted, and your subscription may be terminated without warning, if we believe that you have violated any of these warranties or representations.  WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OR USER’S PROFILES IN ANY WAY.

 

  1. Code of Conduct.

 

By using the Directory, you agree to the following Code of Conduct:

 

3.1. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you.

 

3.2 You will not post or otherwise distribute messages, pictures or recordings or use the Service or any information provided to you through the Service in any way which it violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or is fraudulent, misleading or otherwise unlawful or violates any law. 

 

3.3. You will not use the Service or any information provided to you through the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images.

 

3.4. You will not publicly post information that poses or creates a privacy or security risk to any person.

 

3.5. You will not post content that constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work.

 

3.6. You will not post content that promotes or furthers any criminal activity or enterprise or provides instructional information about illegal activities.

 

3.7 You will not forward chain letters through the Service; you will not use the Service or any information provided to you through the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or Service; you will not use the Service or any information provided to you through the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service,  Bluetiq GmbH systems or to other users' systems in any way.

 

3.8 You will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you.

 

3.9. You will use the Directory in a manner consistent with all applicable laws and regulations.

 

3.10 You will not copy any ideas, features, functions or graphics of the Service or launch an automated program or script, including but not limited to bots, viruses or worms, web spider or crawlers or any similar program which may impair the operation of the Service.

 

3.11 You will not send spam or unsolicited messages in violation of applicable laws, send any material containing software viruses, worms, Trojan horses or other harmful computer codes, files, scripts or programs or otherwise interfere with the integrity of performance of the Service

 

  1. Information provided by you.

 

4.1 You agree to provide current, complete and accurate information about yourself when requested by Bluetiq GmbH to do so.

 

4.2 You will maintain and update information regarding user as required to keep it current, complete and accurate. All information, that we request and you provide on first use of the Directory in your internet browser and all updates thereto, are referred to as ‘user registration data’.

 

4.3 You assign to us all rights, title and interest in your user registration data and grant us an irrevocable royalty-free, non-exclusive, transferable, perpetual and worldwide license to use, view, copy, adapt, modify, reproduce, perform, display, publish, promote and distribute such user registration data.

 

4.4 You acknowledge and agree that you are solely responsible for all content that you make available through the Service. Accordingly, you represent and warrant that (1) you either are the sole and exclusive owner of content that you make available through the Service or (2) you have all rights, licenses consent and releases that are necessary for you to make the content available through the Service and that your posting, uploading, submission, publication or transmission of such content will not infringe upon or violate the copyright, trademark, patent or other intellectual property rights or rights or privacy or publicity of any third party or violate any applicable law or regulation.

 

  1. User registration data.

 

Upon registration, including your provision of registration data, you will create an account by providing your name, age, gender, residential region, relationship status, “looking for” status,  interests and (mobile) phone number. Your account is private and may not be used by anyone else. You are entirely responsible for maintaining the confidentiality of your account. You will be entirely responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify us of any unauthorized use or your user account, user name or any other breach of security known to you. You agree that your account may not be transferred or sold to another party.

 

  1. Access to your account.

 

To ensure that we are able to provide the Services, respond to customer needs, and comply with laws, you hereby consent to us being able to access your account and records on a case-by-case basis to investigate complaints or other allegations or suspected abuse. Without limiting the foregoing, we also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the WhatsApp Directory, its users and the public.

 

  1. Rejection or removal of content.

 

We reserve the right, but are not obligated to monitor all advertisements, public postings and messages to ensure that they are in conformity with these terms, in particular with the Code of Conduct. We reserve the right, at our sole discretion, to reject, refuse to post, delete, move or edit any posting, messages or materials, including without limitation user profiles, accounts, public postings and messages, that we deem to violate the Code of Conduct set out above or seem to be otherwise unacceptable or not in accordance with these terms. You shall remain solely responsible for the content of profiles and other materials you may upload and/or display in connection to the Service or other users. You guarantee that the material posted by you do not infringe the rights of third parties and you hereby grant us a royalty-free, non-exclusive, transferable, perpetual and worldwide license to use, reproduce and disclose at the discretion of Bluetiq GmbH the material placed and/or disclosed by you via the Services. 

 

  1. Suspension and termination of access to Service.

 

We may in our sole discretion suspend or terminate your access to all or part of the Service at any time, without notice and for any reason, including the breach of these terms. Without limiting the foregoing, any fraudulent, abusive, or otherwise illegal activity which may affect the enjoyment of the Service by others may be grounds for suspension or termination of your access to all or part of the Service.

 

  1. Termination of subscription.

 

 

9.1. When you cancel your subscription to the a Bluetiq GmbH content service , or if we suspend or terminate your subscription pursuant to Section 8, the subscription will stop.

 

9.2 When your subscription is terminated or suspended, your profile will remain visible to other users. If you stop using the Directory your profile will also remain visible. Only if you delete your account your profile will not be visible anymore to other users. For more information on this subject, please see our Privacy Policy.

 

 

  1. Notifications.

 

We may provide you with mobile push notifications. Notice shall be deemed given 24 hours after a  push notification is sent.

 

  1. Privacy Policy.

 

Our Privacy Policy, as it may be updated from time to time, available on our website and in the application, is incorporated into these terms by this reference. We may amend the Privacy Policy from time to time pursuant as described in the Preamble above.

 

  1. External links.

 

The Service may contain links to internet sites and advertisements (‘external links’). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of external links or their content.

 

  1. Indemnification .

 

You agree to indemnify, defend and hold harmless Bluetiq GmbH and its holding companies, members, subsidiaries, affiliated companies, service providers, contractors, agents, representatives, licensors, managers, officers, directors, shareholders and employees in connection with any claim, lawsuit, action, demand or other proceeding filed by a third party caused by, as a result of or in connection with your (i) use of the Services, (ii) infringement of the WhatsApp Directory Privacy Policy or this Agreement or (iii) breaches of any law, regulation or the rights of any third party. You shall pay any and all costs, damages and expenses, including but not limited to the reasonable legal fees incurred and the costs charged to or otherwise incurred by Bluetiq GmbH in connection with or arising from such a claim, lawsuit, action, demand or other proceeding. If you have a dispute with another user, you agree to release Bluetiq GmbH, its affiliates, its parent, and their officers, directors, employees, suppliers, consultants and agents from any and all claims, liabilities, damages and costs (including but not limited to reasonable legal fees) arising out of or in connection with the dispute.

 

 

  1. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DIRECTORY AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DIRECTORY AND THE SERVICES ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BLUETIQ GMBH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DIRECTORY AND THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  BLUETIQ GMBH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DIRECTORY OR SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE DIRECTORY OR SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DIRECTORY OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DIRECTORY OR SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BLUETIQ GMBH OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

We assume no responsibility for availability (or lack thereof), timeliness (or lack thereof), deletions, misdeliveries, or failures to store any user communications or personalization settings. In particular, but not by way of limitation, we may delete user accounts or the information therein if the account is inactive for more 2 years and the user of the account is not subscribed. You will be solely responsible for any damages to your (mobile device) system or loss of data that results from the USE of such material and/or data.

 

You expressly understand and agree that any person you may exchange information with or meet with is done at your own risk and that we make no representations that individuals using the Service are whom they purport to be. We do not conduct background checks or otherwise screen users or user’s profiles in any way. We are not responsible for the accuracy or reliability of any statement made by any users.  You acknowledge that there are security, privacy and confidentiality risks inherent in wireless communications and technology and we do not make any assurances or warranties relating to such risks.

 

  1. LIMITATION OF LIABILITY.

NOTHING IN THIS AGREEMENT or IN THE WHATSAPP DIRECTORY PRIVACY POLICY SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY AS A RESULT OF OUR NEGLIGENCE, Nor any other liabilIty which cannot be excluded or limited by law

NOTHING IN THIS AGREEMENT, INCLUDing BUT NOT LIMITED TO ARTICLE 14 ABOVE, OR IN THE WHATSAPP DIRECTORY PRIVACY POLICY SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

 

To the fullest extent permitted by law, Bluetiq GmbH (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and To the fullest extent permitted by law, IN NO EVENT SHALL Bluetiq GmbH BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION OR SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF Bluetiq GmbH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Without limiting the foregoing, we will not be liable for indirect damages arising out of or in connection with (i) the use of the Service or the inability to use the Service, (ii) the cost of obtaining substitute goods and/or service resulting from any transaction entered into through the Service, (iii) loss of, unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using the Service (v)  physical damages, bodily injury or emotional distress arising out of or in connection with the use of the Service, including without limitation damages arising out of your communications or interactions with any other user of the Service or anyone you meet via the Service, or (vi) any other matter relating to the Service.

 

IN ANY CIRCUMSTANCES WHERE Bluetiq GmbH (including its officers, employees and agents) IS HELD TO BE LIABLE TO YOU, THIS LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE USE OF THE SERVICES, OR, IF YOU HAVE NOT PAID Bluetiq GmbH FOR THE USE OF THE SERVICES, THE AMOUNT OF €25.00 OR ITS EQUIVALENT.

 

 

  1. Reservation of rights.

 

You acknowledge that the Directory is licensed to you and not sold.  We own all right, title and interest, including all intellectual property rights, in and to the Directory, its content, and the Service. Your license to use the Directory and the Service is limited to your personal use, and you will have no rights to make any commercial use of the Services without our prior written consent.

 

  1. Applicable law.

 

You agree that any dispute, controversy, or claim arising out of, relating to, or in connection with these this Agreement or the Whatsapp Directory Privacy Policy or your use of the Service will be governed by and construed in accordance with German  law, without regard to or application of its conflict of law provisions, and that any dispute arising out of or relating to this Agreement, the Service or the Whatsapp Directory Privacy Policy will be subject to the exclusive jurisdiction and venue of the German courts.

18. Injunctions.

 

You acknowledge and agree that any violation of this Agreement may cause Bluetiq GmbH irreparable harm, and therefore agree that Bluetiq GmbH will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Bluetiq GmbH may have for a breach of this Agreement.

 

  1. Miscellaneous.

 

Unless otherwise explicitly stated, the terms of this Agreement will survive termination of your registration to the Services. Any failure of Bluetiq GmbH  to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

 

 

  1. WASPA member

 

Bluetiq GmbH is a member of WASPA and is bound by the WASPA Code of Conduct. Customers have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure. Bluetiq GmbH may be required to share information relating to a service or a customer with WASPA for the purpose of resolving a complaint. WASPA web site: www.waspa.org.za.

 

 

 

 

 

 

 

 

 

 

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