Terms of Use:

WIYAK.COM

AND 

WIYAK “A STORY IN EVERY RIDE” APPLICATION 

Acceptance of the Terms of Use

These terms of use are entered into by and between you and WIYAK ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.wiyak.com, including any content, functionality, and services offered on or through www.wiyak.com (the "Website"), whether as a guest or a registered user including access and use of software, applications, mobile applications, content, products, and services developed by or made available to you by WIYAK. Accordingly, any references to the “Website” in these Terms of Use is also a reference to WIYAK’s mobile application (the “Application”)

Please read the Terms of Use carefully before you start to use the Website or Application. By using the Website/Application or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.wiyak.com, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website and Application are offered and available to users who reside in the State of Kuwait. By using this Website or Application you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Application

Changes to the Terms of Use

Any amendment to these Terms of Use is subject to your prior written consent and approval.

Platform Description

The Application enables users to book and schedule on-demand transportation services. Services means all transportation services, including chauffeur and vehicle rental services, performed by WIYAK (the “Services”).If a vehicle request is confirmed on the Application, the Application shall enable the User/client to view certain information of the driver such as the driver's photo, name, vehicle type, and phone number. 

User Profiles

Users are required to register for a personal user account (“Account”) to access and use the Application. To successfully complete the registration process, WIYAK requires users to submit personal information. You agree to provide accurate, truthful, complete, and up-to-date information. Failure to provide, and thereafter maintain, the accuracy of information provided in your Account may affect your ability to access and use the Application, or may lead to WIYAK’s termination of these Terms of Use with you. You are solely responsible for maintaining the secrecy of your Account login details (including username and password) at all times, and for all activities that occur under your Account. Unless otherwise permitted by WIYAK in writing, you may only possess one Account.

Accessing the Website/Application and Account Security

We reserve the right to withdraw or amend the Website or Application, and any service or material we provide on the Website or Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Application is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website or Application, to users, including registered users.

You are responsible for both:

·         Making all arrangements necessary for you to have access to the Website or Application.

·         Ensuring that all persons who access the Website or Application through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or Application that all the information you provide on the Website or Application is correct, current, and complete. You agree that all information you provide to register with this Website or Application or otherwise, including, but not limited to, through the use of any interactive features on the Website or Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or Application or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or network so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Property Damage and Cleaning Fees

You are responsible for the cost of repair for damage or cleaning fees (including smoke damage or odor) which are a result of your own negligence, reckless, or intentional actions. In the event that a WIYAK driver reports the need for repair or cleaning, and such repair or cleaning request is verified by WIYAK in WIYAK’s reasonable discretion, we reserve the right to facilitate payment for the reasonable cost of such repair or cleaning using your payment method designated in your Account. 

Violations of Traffic Laws

You are responsible for the cost of any traffic violations or tickets received as a result of your own improper conduct, either intentional or intentional including but not limited to, not wearing your seatbelt, an improperly secured child, actions causing an accident, or any actions or conduct against Kuwait Law. Ignorance of the law in the event of breach is not an excuse to avoid liability under this, or any other section is these Terms of Use. Your driver may, at any time, may terminate the trip for any reason within the driver’s discretion as it relates to any violations of law, safety, conduct, property damage concerns or for any violations of these Terms of Use generally.  

Property Loss and Ride Limitations

We are not responsible for any personal property lost, stolen, or damaged of a User, rider, or passenger. 

The driver has the right to refuse or decline transportation of any rider or riders who violate or intend to violate any laws or safety concerns such as too many passengers or too much cargo. 

We are not responsible for any damage, physical or otherwise, caused by a driver acting outside the scope services provided by WIYAK.

Payments, Refunds, and Fees

You acknowledge and agree that fares and certain charges apply to your use of the Application (“Charges”). You agree to pay Charges without delay as well as all Charges applicable to you and your use of the Application or Services obtained through the Application upon completion of Services or as otherwise determined by WIYAK. All Charges and payments are non-refundable and are facilitated by WIYAK using one of the following payment methods: Cash, Visa or MasterCard, or via a Promotion Code.WIYAK may, from time to time, revise the Charges applicable to your use of the Application. It is your responsibility to review WIYAK’s payment terms on this page prior to requesting a Service.Your continued use of the Application constitutes your acceptance of such revised Charges.An estimate of the cost for a trip will be provided if you set the destination. You agree to pay trip fees upon completion of a trip, which shall be calculated by time.

Any refunded amounts due to trip cancellation or miscalculation of trip fees shall be credited to your Account for use in other trips.

Trip fees shall be updated or changed from time to time depending on market price, traffic, estimated travel time versus actual travel time, and economic variables.You agree to these variable pricing considerations and understand that WIYAKhas no obligation to notify you of increasing or variableprice adjustments. 

If you are overcharged, you will be refunded accordingly, upon your request or if we become aware of the overcharge. 

Text Messages, Phone Calls, and Notifications

You agree that WIYAKmay send you informational text (SMS) messages or call youin connection with our Services.You agree to receive promotional and non-promotional notifications via text messages (SMS), e-mails, phone calls, push notifications or in-App notifications.

Intellectual Property Rights

The Website, Application, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by applicable local and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Application, except as follows:

·         Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

·         You may store files that are automatically cached by your Web browser for display enhancement purposes.

·         You may print or download one copy of a reasonable number of pages of the Website or Application for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

·         If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

·         If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

·         Modify copies of any materials from the Website or Application.

·         Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

·         Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or Application or any services or materials available through the Website or Application.

If you wish to make any use of material on the Website or Application other than that set out in this section, please address your request to: app@wiyak.com      

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Application in breach of the Terms of Use, your right to use the Website and Application will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, Application, or any content, and all rights not expressly granted are reserved by the Company. Any use of the Website or Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the short form name “Wiyak”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website and Application are the trademarks of their respective owners.

Prohibited Uses

You may use the Website and Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Application:

·         In any way that violates any applicable local, or international law or regulation (including, without limitation, any laws regarding the export of data or software). 

·         For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

·         To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

·         To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

·         To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

·         To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Application, or which, as determined by us, may harm the Company or users of the Website or Application, or expose them to liability.

Additionally, you agree not to:

·         Use the Website or Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or Application, including their ability to engage in real time activities through the Website or Application.

·         Use any robot, spider, or other automatic device, process, or means to access the Website or Application for any purpose, including monitoring or copying any of the material on the Website or Application.

·         Use any manual process to monitor or copy any of the material on the Website or Application, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

·         Use any device, software, or routine that interferes with the proper working of the Website of Application.

·         Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

·         Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Application, the server on which the Website and Application is stored, or any server, computer, or database connected to the Website or Application. 

·         Attack the Website or Application via a denial-of-service attack or a distributed denial-of-service attack.

·         Otherwise attempt to interfere with the proper working of the Website or Application.

User Contributions

The Website or Application may contain message boards, bulletin boards, review pages, links to social media accounts, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or Application.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website or Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or Application, you grant us and our affiliates and service providers, and each of their andour respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

·         You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

·         All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website or Application.

Monitoring and Enforcement; Termination

We have the right to:

·         Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

·         Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website/Application or the public, or could create liability for the Company.

·         Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

·         Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Application. 

·         Terminate or suspend your access to all or part of the Website or Application for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannotreview all material before it is posted on the Website or Application and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

·         Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

·         Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

·         Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

·         Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

·         Be likely to deceive any person.

·         Promote any illegal activity, or advocate, promote, or assist any unlawful act.

·         Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

·         Impersonate any person or misrepresent your identity or affiliation with any person or organization. 

·         Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

·         Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website or Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website/Application, or by anyone who may be informed of any of its contents.

This Website and Application may include/includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Websiteand Platform

We may update the content on the Website and Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website and Application are subject to our Privacy Policy.  By using the Website and Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our partwithout our express written consent.

The Website and Application may provide certain social media features that enable you to:

·         Link from your own or certain third-party websites to certain content on this Website.

·         Send emails or other communications with certain content, or links to certain content, on this Website.

·         Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

·         Establish a link from any website that is not owned by you.

·         Cause the Website or Application or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

·         Link to any part of the Website other than the homepage.

·         Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website or Application

If the Website or Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website and Application is based in the State of Kuwait. We provide this Website and Application for use only by persons located in the State of Kuwait. We make no claims that the Website, Application, or any of its content is accessible or appropriate outside of the State of Kuwait. Access to the Website or Application may not be legal by certain persons or in certain countries. If you access the Website or Application from outside the State of Kuwait, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, Application, or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and Application including, but not limited to, your User Contributions, any use of the Website's content, services, apps and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or Application.

Governing Law and Jurisdiction

All matters relating to the Website and Application and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Kuwait without giving effect to any choice or conflict of law provision or rule (whether of the State of Kuwait or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of the State of Kuwait although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and any applicable Terms of Service constitute the sole and entire agreement between you and the Company regarding the Website and Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website and Application is operated by [INSERT FULL WIYAK NAME] [COMPANY ADDRESS].

All notices of copyright infringement claims should be sent to [INSERT EMAIL ADDRESS] in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website or Application should be directed to: [EMAIL ADDRESS].

For Commercial Clients 

The following applies to commercial or business entities (“Clients”) who utilize WIYAK to carry out various services for Client customers.

Client agrees that the entirety of these Terms of Use (or “Terms of Service”) as well as WIYAK’s Privacy Policy [INSERT URL] applies to Client. To remove any ambiguity, references such as “you” or “your” in these Terms of Service and within the Privacy Policy also means the Client. The fact that commercial clients are separately defined as “Clients” in this section does NOT mean that the entirety of these Terms of Conditions do not apply.  

The Client agrees that it shall obtain approval and consent from its customers who utilize WIYAK’s services to abide by these Terms of Use and WIYAK’s Privacy Policy.

The Client agrees that these Terms of Use are a not a waiver of any rights and shall not supersede any executed agreement between WIYAK and the Client. To the extent these Terms of Use conflict with any agreement between the Client and WIYAK, the agreement shall control.

The Client agrees to defend, indemnify, and hold harmless the WIYAK, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Client’s or its customer’s violation of these Terms of Use or your use of the Website and Application.

Any claims for damages or wrongdoing made by any customer, against Client, are not claims made against WIYAK and Client agrees to indemnify and hold harmless WIYAK for any such claims.