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TERMS AND CONDITIONS OF USE?



These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Sub-Lime Design Studio cc (Registration Number 2004/011080/23) trading as WishMo.com (“the Provider”) website located at the following URL or domain name: www.WishMo.com (“the Website”). 
 
Agreement to be bound by these terms
By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. If the User does not wish to be bound by these Terms and Conditions, the User may not access, display, use, download, and/or otherwise copy or distribute Content obtained at the Website.
 
Updating of these Terms and Conditions
The Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates, will be considered evidence of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
 
Copyright and Intellectual Property Rights
The Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, and includes but is not limited to the means and manner of displaying wishes posted by people and assisting third parties to fulfil such wishes, website design, database structure, system architecture and computer programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Provider reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
 
Limited License to General Users
  • The Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for non-commercial, personal purposes only.
  • This Website and the Content may not be duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of the Provider first being obtained.
  • The license does not allow the User to collect wish listings, user details or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another.
  • The User may not frame nor use framing technologies to enclose the Website or the Content nor any part thereof without the express prior written consent of the Provider.
  • The Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website, unless so authorized by your legal guardians.
  • The Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
  • Any unauthorised use terminates this license.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis.  
 
The Provider is not readily able to check on the truthfulness and/or accuracy of any wish posted on the Website, nor is the Provider able to readily check on the truthfulness or accuracy of any statement or representation made by any third party user of the Website.  Accordingly, the User agrees that he/she/it shall not hold the Provider, Owners or Website liable for any loss which arises out of the User’s use of the Website or reliance on any statement made or wish posted on the Website.
 
The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither shall the Provider nor any holding company, affiliate or subsidiary of the Provider, be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if the Provider is expressly advised thereof.
 
Privacy, access to and use of information
The Provider receives various types of information (“the Information”) from the Users who access the Website. The Provider makes every reasonable effort to protect the personal contact information received by it. The Owners will not be responsible for any damages the User or any third party may suffer as a result of the transmission of confidential information that the User makes to the Provider through the Internet, or for any errors or any changes made to any transmitted information. To ensure acquaintance with and awareness of the privacy measures and polices of the Provider, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions.
 
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers may in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc.. The Provider uses this information to determine use of the Website, and to improve Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
 
Privacy: solicited information the User gives to the Provider
The Provider requires certain personal information to process transactions if the User requires any of the Provider’s products or services. The Provider receives and stores all Information the User enters on the Website or gives to the Provider, in any other way. The User may choose not to provide certain Information, but that may limit the services or products that the User may wish to obtain from the Provider.
 
Privacy: promotional information
The Provider aspires to provide a world-class service to its customers, which necessitates the Provider providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please call the Provider.
 
Privacy: lawful purposes
When the Provider is served with due legal process requiring the delivery of personal customer Information and it has the legal duty to abide by that demand, it will do so. 
 
Provider’s Services
The Provider offers the following services: allowing registered users to create wishes that are displayed on unique Wish Pages on the Website. 
 
Use of Website
WishMo offers online services via the Website.
 
Registered users of the Website (“Users”) may create wishes on wish pages generated and made accessible via the Website (“Wish Page/s”) that shall thereafter be displayed to other users, both registered and unregistered, of the Website on the terms and conditions detailed below. 
 
Users may register as either private users (“Individuals”) or corporate users (“Organizations”). 
 
Users may email wish notifications to their chosen contacts or groups (contacts are loaded on the site and may be allocated to personalized groups). A wish notification email shall contain an unique URL link to the User’s Wish Page.
 
An Individual’s Wish Page may only be accessed via the link provided in the wish notification mail. The Individual’s Wish Page shall not be displayed on the publicly accessible areas of the Website.  The User agrees that the Website cannot prevent a wish email notification being forwarded by the original recipient, of the User’s wish email notification, to other third parties.  The User agrees that should the User send wish email notifications to any person it is possible that third parties, other than the original recipient, may be able to view the User’s Wish Page/s.  The User shall not hold the Provider liable for any damages suffered through publication of the User’s Wish Page/s to third parties.
 
The User agrees that should the recipients forward or otherwise distribute the wish email notification and/or Link the User’s Wish Page/s may develop into a viral email campaign in which a far wider audience may be advised of your Wish.  The User may encourage users to distribute their Wishes by adding a personal message to the wish email notification requesting their recipients to do so.
 
The User may upload the email and associated names of their contacts (“Contact/s”).  The User agrees that any email generated by the User, to any one or more of their Contacts, by making use of the Website shall be sent on the User’s specific instruction and the User shall be liable to the recipient of the email as if they had personally sent any such email to the recipient.  The User indemnifies the Provider for any damages that may arise through their misuse of the Website and specifically through their use of the Website to generate mail to third party recipients.
 
Manage Your Wishes
All Users may create and manage their wishes from the section on the Website titled “My Wish World”. From My Wish World Users may update their profile, create contacts (contacts may be added and saved individually or uploaded in bulk, contacts may also be attached to groups). Wishes may be added from My Wish World. Once the User has created a Wish, the Wish will be listed on their Wish Page and be accessible for editing within the My Wish World. The Wish may be viewed, edited, mailed and deleted at any time. The User may also view who has received the wish email notification. 
 
Who And What Can I Wish For
The user may make a Wish for him or herself or on behalf of someone else. A Wish may be made for an event such as a birthday, stork tea, wedding, farewell or for example, for a third party, such as a charity.
 
The Wish Page may consist of more than one Wish. The Wishes could range from an item, a financial contribution, prayer, someone’s time and more… if you can wish it you can list it. The Provider cannot be held liable for wishes that are added which may be offensive.  The User agrees that they may notify the Provider of any offensive wishes made and that the Provider may, in their sole and absolute discretion, then remove the wish from the Website.
 
Validity And Ownership
All content entered by the User on the Website may be deleted by the Provider.  The User agrees that the Provider may delete any Wish or content entered on the Website, by or on behalf of the User, without having to notify or obtain the User’s permission.
 
The User agrees that any and all Wishes made shall display the date on which they were made and the username of the User by whom they were made.
 
Wish Expiry Date
The User agrees to set an expiry date for the Wish.  The Provider shall attempt to advise the User when the set expiry date is reached by email.
 
Deleting A Wish
The User agrees that should they delete a Wish they shall be responsible to notify recipients of the email wish notification that the Wish has been deleted. Likewise the User shall attempt to notify Users who made any Pledges towards granting the deleted Wish. The User agrees that the obligation to return any monetary or physical items to contributors, where possible or if appropriate, is the User’s obligation alone and the Provider shall not be liable for any damage suffered by contributors to the Wish.
 
The User agrees that the Provider may delete any wish listed on the Website that it deems inappropriate or offensive whatever the reason.  The User agrees that the Provider shall not have to give any account as to why a wish was deleted from the Website.
 
Editing A Wish
The User agrees that should they edit a Wish they shall be responsible to notify recipients of the email wish notification that the Wish has been edited.  The User agrees that the obligation to return any monetary or physical items to contributors, where possible or if appropriate, is the User’s obligation alone and the Provider shall not be liable for any damage suffered by contributors to the Wish.
 
Pledge To Grant A Wish
Users may make commitments to contribute towards or otherwise grant Wishes published on the Website (“Pledge”). 
Once a User makes a Pledge, the provider shall attempt to email details of his or her Pledge to the creator of the Wish. Unless a Pledge is made on an anonymous basis the User’s name shall be listed on the Wish Page indicating the type of Pledge made towards the Wish in question. The User may cancel their Pledge and in such an event their name shall be removed from the Wish Page and the creator of the wish shall be notified that the Pledge has been cancelled.
 
The User agrees that any Pledge made towards a User shall not be capable of enforcement and the Provider and/or Owners shall not be called upon to give evidence of any Pledge made or ostensibly made through the Website.
 
A Bit More For Organizations
Each Organization shall have access to a private wish management platform called “Our Wish World” as well as a public page where the Organization may feature information about themselves and list all their Wishes. Visitors to the site may find Organizations via the WishMo search tool. Visitors to the Website may also reach an Organization’s Wish Page via links sent in wish email notifications.
 
WARNING NOTICE
 
THE PURPOSE OF THE WEBSITE IS TO PROVIDE USERS WITH A TOOL TO UPLIFT AND CONTRIBUTE TO PEOPLE’S LIVES.  THE SITE IS NOT INTENDED TO FACILITATE UNLAWFUL ACTIONS OR THE MAKING OF ANY WISH THAT COULD BE REGARDED AS ADULT OR OBSCENE IN NATURE.
 
THE PROVIDER RESERVES THE RIGHT TO SUSPEND OR DELETE THE USER’S ACCOUNT FOR ANY REASON, IN THE PROVIDER’S SOLE AND ABSOLUTE DISCRETION.
 
THE PROVIDER SHALL NOT BE LIABLE TO MAKE ANY PLEDGE OR ASSIST THE USER IN ANY WAY TO HAVE THEIR WISH GRANTED.
 
USERS ARE ADVISED TO BE CAREFUL IN THEIR DEALINGS WITH OTHER USERS AND TO TAKE ALL REASONABLE PRECAUTIONS NOT TO DISCLOSE INFORMATION WHICH MAY PUT THEM AT RISK OF FRAUD, ABUSE OR CRIMINAL ACTION.  THE PROVIDER SHALL NOT BE LIABLE TO ANY USER WHO SUFFERS DAMAGE BY DEALING WITH A FRAUDULENT USER WHETHER AN ORGANISATION OR INDIVIDUAL.    THE PROVIDER MAKES THE WEBSITE AVAILABLE ON AN “AS-IS” BASIS AND SHALL NOT BE LIABLE FOR ANY DEFECTS IN THE WEBSITE OR IN THE SERVICES RENDERED IN OR THROUGH THE WEBSITE. 
 
Choice of Law and Jurisdiction
This Website is controlled, operated and administered by the Provider from its offices as set out below within the Republic of South Africa. The Provider makes no representation that the Content is appropriate or available for use in other locations or countries. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the South Gauteng High Court, Johannesburg in the event of any dispute. 
 
Severability of provisions
If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. 
 
Entire Agreement
These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
 
Contact Details
In the event that you need to contact the Provider for purposes related to these Terms and Conditions, please address the Provider at the following address: P O Box PO Box 661, Newlands, 0049, Pretoria or call +27 (0)83 875 6891 or fax 086 558 0734 or email info@WishMo.co.za 
Information provided in terms of the Electronic Communications and Transactions Act
In terms of section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 WishMo cc provides the following information:
a) WishMo cc, a close corporation, registered under the laws of the Republic of South Africa, trading as WishMo;
b) c/o Stephen Logan Inc, 13 Chaucer Avenue, Senderwood, Johannesburg, Telephone: 011 453-0898 begin_of_the_skype_highlighting 
c) Internet: www.WishMo.co.za; Email:info@WishMo.co.za;
d) Not applicable;
e) Not applicable;
f) WishMo cc, Registration Number 2004/011080/23, Registered in the Republic of South Africa, Member: Estelle Home;
g) All legal notices may be served on Stephen Logan Inc, t/a Logan Attorneys, 13 Chaucer Avenue, Senderwood, Johannesburg;
h) WishMo allows registered users to create wishes that are displayed on unique Wish Pages on the Website and for users to then fulfill such wishes;
i) All organization users will receive a 1 month free trial period.
After which a subscription fee of US$15 a month will be charged.
Option 1: monthly US$15
Option 2: 3 monthly US$40;
j) Users pay a subscription fee. Users need to pay in advance for services they will receive;
k) The Provider’s Business Terms are set out above;
l) Services are performed online and are generally available immediately the account is activated;
m) Clients may obtain a detailed statement of account by calling the WishMo account’s department;
n) WishMo offer refunds on the basis set out in the Consumer Protection Act;
o) Not applicable;
p) WishMo uses standard SSL based encryption together with password, username combinations to secure all sensitive information. The Privacy Policy is set out above;
q) The services offered by WishMo have no set duration and the period of the agreement between clients and the Provider therefore fluctuates;
r) All accepted consumer rights are gladly recognised and provided.
 
This Website was most recently updated on 20 October 2011.
© WishMo cc 2011.
 

 

TERMS AND CONDITIONS  | CONTACT US  | THIS SITE IS PROTECTED BY COPYRIGHT © 2011

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