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Terms Of Service

Waldo Terms Of Service

Hello, and welcome to Waldo! Please read these Terms of Service carefully before using us.hiwaldo.com (the "Website") and the services, features, promotions, credits, content, applications, or products offered by Ainsly Limited ("we", "us", "our" or "Waldo") (together with the Website, the "Services") in the United States. These Terms of Service set forth the legally binding terms and conditions for your use of the Website and the Services and your purchase of the subscriptions sold through the Services.

We may amend or update all or part of these Terms of Service, our Privacy Policy, Cookies Policy and/or the Services from time to time by posting a notice on the Website or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. Your continued use of the Website or our Services will be taken as acceptance of any amendment or updates, so you should revisit this page periodically.

Note that your use of the Services is also subject to our:

(a) Privacy Policy. Please review our Privacy Policy, which also governs the Services and informs users of our data collection practices; and

(b) Cookies Policy, which explains how we handle cookies or other device identifiers collected when you access the Services.

BY CLICKING "I ACCEPT" OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS OF SERVICE, INCLUDING WALDO'S PRIVACY POLICY AND COOKIES POLICY (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND WALDO'S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY WALDO AND BY YOU TO BE BOUND BY THESE TERMS.

1.Accessing the Services

i. Eligibility

You must be at least 18 years of age to use the Services. By accessing the Website or using the Services, you represent and warrant that (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. The Services are offered only for your use, and not for the use or benefit of any third party.

ii. Registration

There may be parts of the Services that are restricted to those users who have registered for an account with us (an "Account"). You must provide accurate and complete information and keep your Account information updated. In registering for an Account, you shall not (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You must treat your login information (user email and password) as confidential and must not reveal it to anyone else. You are solely responsible for the activity that occurs on your Account, including where money is spent using your up-to-date login details. You can never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You have the ability to delete your Account, either directly or through a request made to one of our customer service team.

iii. Accessibility

The Services are available free of charge and "as is" and we do not give you any guarantee as to how you may use it or what it will allow you to do. We endeavor to keep all the information on the Services as up to date as possible but errors may sometimes occur.

We may suspend, withdraw or restrict the availability of all or any part of our Services at any time, without notice to you. We cannot guarantee that the Services will operate continuously, without any interruptions or errors due to the connection to the Internet.

2. Permitted use

You may use the Services solely for your personal use, provided that your use does not damage our reputation or in any way suggest any form of association, approval or endorsement on our part where none exists. Use of the Services for any commercial or business purpose is not permitted.

You must not use the Services for any purpose that is unlawful or prohibited by these Terms. You are responsible for all of your activity in connection with the Services. You agree that you will:

(a) not use the Services for any illegal purpose or in violation of any applicable laws;

(b) take reasonable precautions against viruses or other damaging properties (such as using your own virus protection software);

(c) not seek to copy, reproduce, modify or tamper with the Website in any way;

(d) not damage or affect our Website systems or security or interfere with other users, or restrict or inhibit anyone else's use of the Website or rights in connection with the Website;

(e) not use the Website to transmit any material that is defamatory, offensive, unlawful or otherwise objectionable;

(f) not collect data from our Website or our systems or attempt to decipher any transmissions to or from the servers hosting our Website;

(g) not access and/or use the Website or content made available through the Website, for any business or commercial purpose whatsoever;

(h) not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

(i) not interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;

(j) not interfere with the operation of the Services or any user's enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;

(k) not perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Services account without permission; and

(l) not attempt to do any of the acts described in this Section 2 or assist or permit any person in engaging in any of the acts described in this Section 2.

3. Intellectual property rights

All content and material made available on or through the Website and the Services, including but not limited to text, graphics, software, photographs and other images, videos, sound, trademarks and logos and in the design or packaging of our products (collectively, the "Content") are owned by us or our licensors and are protected by United States and international copyright laws. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the Services. All Content is the property of Waldo or its third party licensors. You have no rights in, or to, the Content, except where we state otherwise. We reserve all other rights to the Content not expressly granted in these Terms.

If you would like to request authorization to use the materials or content on the Services, please contact us at legal@hiwaldo.com.

4. Licenses

i. Limited License. Subject to your complete and ongoing compliance with these Terms, Waldo grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services.

ii. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Services; (b) make modifications to the Services; or (c) interfere with or circumvent any feature of the Services, including any security or access control mechanism. If you are prohibited under applicable law from using the Services, you may not use the Services.

iii. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services ("Feedback"), then you hereby grant Waldo an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.

5. User content

i. User Content Generally. There may be instances in which you upload content to the Services, including messages, reviews, photos, video, images, folders, data, text, and other types of works ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Services.

ii. User Content Representations and Warranties. Waldo disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Services. By providing User Content via the Services, you affirm, represent, and warrant that:

  (a) you own the User Content or you have the legal right to use the User Content, including the necessary licenses, rights, consents, and permissions to authorize Waldo and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Waldo, the Services, and these Terms;

  (b) your User Content, and the use of the User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Waldo to violate any law or regulation;

  (c) you are solely responsible for the User Content and the consequences of publishing it; and

  (d) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

iii. Limited License Grant to Waldo. By providing User Content to or via the Services, you grant Waldo a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed for any purpose and in any manner in connection with our Services, including but not limited to using the content in connection with advertisements and promotions. Any content which you upload to the Website will not be treated confidentially by us except insofar as it contains personal data. Any personal data in your content will be treated in accordance with our Privacy Policy.

iv. Limited License Grant to Other Users. By providing User Content to or via the Services to other users of the Services, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Services.

v. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Waldo may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Waldo with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Waldo does not permit copyright-infringing activities on the Services.

vi. Monitoring Content. Waldo does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Services by its users. You acknowledge and agree that Waldo reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. If at any time Waldo chooses to monitor the content, Waldo still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

6. No medical or healthcare advice

Waldo is not a healthcare provider and does not render medical advice or services. By using the Services, you acknowledge and agree that the information on our Website or otherwise provided to you is for informational purposes only and should never be used as a substitute for the advice provided by your eye care professional or any other medical or healthcare professional. You should instead always consult your eye care professional or other medical professional before making any medical decisions. The communications between our employees or agents and you, whether on the Website or through emails or other direct forms of communication, do not create a medical professional−patient relationship in any respect.

Upon your request, we might refer you to eye care professionals in your area who can fit you for Waldo lenses. These eye care professionals are not our employees or contractors and Waldo is not a healthcare provider. As any relationship between you and any eye care professional you visit is completely independent of Waldo, you acknowledge that Waldo is not liable for any loss or claim that you may have against any such eye care professional. You are responsible for the costs of visiting any eye care professional to be fitted and prescribed to Waldo lenses.

7. Placing an order

Waldo contact lenses (the "Products") are sold to you in accordance with the Subscription Plan (as defined below) you select when signing up for the Services. Our Website will guide you through the process you need to follow to select a Subscription Plan and before continuing to the checkout page, you acknowledge that by checking out you confirm both that your prescription is up to date and that you agree to these Terms. Your order will be placed when you click on the "Complete Order" button at the end of the checkout process. Once we've accepted your order and your payment for the order has been processed, we will confirm our acceptance by sending you an email confirmation that your order has been processed (the "Order Confirmation"). Your Order Confirmation will include your order number. Should you need to contact us about your order, please use this order number because it will help us track your order.

Title and risk of loss pass to you upon delivery to the shipping address you specified when you placed the order, provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received.

By placing an order, you confirm that:

(a) you are at least 18 years of age and legally capable of entering into a binding contract;

(b) you have a valid lens prescription for the Products that you wish to order, which has been issued to you by a qualified eye care professional;

(c) the prescription details provided match in all respects with the prescription issued to you by your qualified eye care professional and all other information provided in placing your order is complete and accurate in all respects;

(d) your prescription has not expired (and is not due to expire during the period for which the Products have been ordered) and is not more than 12 months old;

(e) you consent to us contacting your prescribing eye care professional to verify your prescription details or obtain a duplicate copy of your prescription;

(f) the Products in your order are for your own use only;

(g) you are not registered as blind or partially sighted;

(h) you will use the Products strictly in accordance with the information and instructions provided with the Product and any advice provided by your eye care professional;

(i) you will discuss any queries relating to your prescription or your use of the Products with your prescribing eye care professional and will attend aftercare appointments as directed by your eye care professional;

(j) you will renew your prescription in strict accordance with your eye care professional's instructions and will inform us immediately of any changes to your prescription details or any other information that you have provided to us; and

(k) you are not ordering a quantity of contact lenses that will exceed the expiry date of your contact lens specification.

Prior to fulfilling your order, we will reach out to your eye care professional to verify that we have the correct prescription information for you, and you authorize us to do this when you place your order. If the details on your contact lens specification cannot be verified by your eye care professional for any reason, we will not be able to supply the Products you have ordered and will be required to cancel your order. If we have already charged you for the Products, we will refund your money within 14 days.

You may check and correct any input errors up until the point at which you submit your order to us by clicking the "Complete Order" button on the checkout page. If you wish to amend your order after the placement of your order, please contact us by telephone, email or live chat as soon as possible. We will amend your order where possible but reserve the right not to accept the amendment at our discretion. If we do not accept the amendment, you may cancel the contract if you wish in accordance with the cancellation terms below. Any amendment to an order will only be binding once accepted by us in writing. If you wish to amend the details of your prescription after you have placed an order, we will need to contact your eye care professional again to confirm the revised details of your prescription.

Our Products are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported, or used for any other commercial purpose.

Notice for California Users: WARNING: IF YOU ARE HAVING ANY UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE, OR REDNESS, REMOVE YOUR LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN.

8. When we may refuse an order

Your order constitutes an offer to us to purchase the Products specified in the order, subject to these Terms, at the price and on the terms stated when you sign up and place your order. By clicking the "Complete Order" button, you are agreeing to purchase the Products in your order in the event that we accept your order. All orders are subject to acceptance by us. We are not required to accept your order and may, at our discretion reject your order.

The following is a non-exhaustive list of some of the grounds upon which we may reject an order:

(a) your eye care professional has not verified the details of your prescription;

(b) the Product(s) you have chosen are not in stock;

(c) you are prescribed to toric or multifocal lenses, which we do not carry;

(d) we cannot obtain authorization for your payment;

(e) there has been a pricing or product description error;

(f) the information you have provided is incomplete, inaccurate or incorrect;

(g) it appears that the order mistakenly duplicates another;

(h) your order does not meet a minimum order value;

(i) the order appears to be for commercial use; or

(j) you are located, or request delivery to, an address outside of our delivery zone.

9. Subscription Plans, Pricing and Payments

A. Subscription Plans

Waldo is a subscription service. Therefore, when you place an order for a 10-day trial of Waldo lenses (the "Trial"), you are automatically enrolled into a subscription plan (the "Subscription Plan") with us. When you place an order for your Trial, we'll require you to provide your payment details to start the Trial.

We will automatically start to charge you for your Subscription Plan starting on the twelfth day following your Order Confirmation, and then subsequently on a recurring 26-day basis, unless you set a different frequency for deliveries of the Products through your Account on the Website or by contacting us, in which case you will be billed at that frequency. By providing your payment details in conjunction with the Trial, you agree to these ongoing charges using such payment details. If you do not want to be billed these recurring charges, you must cancel your subscription through your Account on the Website or by contacting us using the contact details set out below.

B. Pricing and Availability

The price of the Subscription Plan is as quoted on the Website from time to time. All pricing is in U.S. Dollars. We may change the advertise price on our Website at any time, but any such change will not affect orders that have already been accepted. We will notify you in advance of any change that may affect your future orders.

We try to ensure that all the prices shown on the Website are accurate, however sometimes errors do occur. Where a Product's correct price is lower than that paid, we will refund the difference to you, and process your order in the usual way. If the correct price is higher, we may contact you for further instructions before we accept your order.

If a Product you have ordered is not in stock, you will receive an email notifying you when the Product will be available and you will have the option to wait until the Product is back in stock or cancel your order.

Waldo, at its sole discretion, may make promotional offers with different pricing to any of Waldo's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms

C. Payments and Billing Accounts

You can pay for Products using a valid debit card, credit card or other payment method accepted by the Services (which may change from time to time in our sole discretion) (your "Payment Method"). We accept the following cards: VISA, MasterCard, and American Express.

We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Waldo account for the Services (the "Billing Account"). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By providing details of a credit or debit card you confirm that you are authorized to use that Payment Method and you authorize us, through the Payment Processor, to charge your payment method for the total amount of your order, including all applicable taxes. Waldo may seek pre-authorization of your Payment Method account prior to your purchase to verify that the Payment Method is valid and has the necessary funds or credit available to cover your purchase.

Your non-termination or continued use of our Services reaffirms that we are authorized to bill your Payment Method in advance on a periodic basis, in accordance with the Subscription Plan you select, until you terminate the relevant Subscription Plan. You further agree to pay any charges so incurred, including but not limited to, any charges due at the time of termination for any Products ordered and shipped prior to cancellation but not returned to us in accordance with our return policy set out below.

You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your card on file is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made directly in your account profile. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of the Services under your Billing Account unless you have terminated your Services as set forth above.

Waldo may suspend or terminate access to the Services, including fee-based portions of the Services, for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

10. Delivery

We will use our reasonable endeavors to deliver the Products to you at the estimated delivery time set out in the Order Confirmation unless you subsequently change this frequency through your Account on the Website. However, we cannot always guarantee that we will always be able to do so. If that is the case we will try to contact you as soon as we are able to in order to rearrange delivery.

We will deliver your Products to the address provided by you in your order. Please check to confirm that the delivery address you have provided is correct. If your delivery address contains errors, we may not be able to provide you with the Products or our delivery of the Products you order may be delayed.

11. Delivery charges

The prices shown on the Website for the 'free' trial offer do not include the cost of delivery and will be shown separately on our Website at the checkout stage before you place your order. All recurring charges in respect of your Subscription Plan include delivery charges.

We reserve the right to charge you a reasonable additional amount if you are not available to accept the delivery and it is necessary to re-deliver your Products.

12. Subscription Cancellation

You may cancel your Subscription Plan during your Trial after three days from the date of your Order Confirmation. These cancellation windows are designed to give you the opportunity to trial the Products to determine whether they are suitable for you before cancellation. Following your Trial, you may cancel your Subscription Plan at any time.

To cancel your Subscription Plan, you can log into your Account and click the cancellation button (but please note that the cancellation button will not appear in your Account during your Trial until three days from the date of your Order Confirmation). If you have trouble cancelling your Subscription Plan through your Account, you can cancel by contacting us using the contact details below. It is your responsibility to notify us of your cancellation request prior to the next renewal date under your Subscription Plan, and we are not responsible for cancellation requests that are made by email or phone and not addressed by customer service in advance of your next renewal date unless your inability to cancel through your Account was due to a technical error on the Website. If you terminate your Subscription Plan, your subscription will not be renewed after your then-current subscription term expires.

13. Returns and refunds

Subject to the restrictions in this Section 14, you may return any Product purchased through the Services for any reason (for example if you have changed your mind or no longer need the Product) at any time within 14 days of receiving the Product by notifying us by telephone or email (see clause 21 below).

We aim to ensure that all Products supplied to you arrive in perfect condition but sometimes there are incidents that are beyond our control. In the unlikely event that the Product is faulty or a blister pack is opened or if you are returning a Product because we have sent the wrong item, you can either request a refund or a replacement of the Product by notifying us using the contact details below. We will also reimburse your reasonable costs of returning the Product to us.

If you are returning a Product for any other reason, the product must be returned to us in its original condition (including any packaging apart from the exterior delivery packaging to be unopened and unmarked), which requirement does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your order. Products returned to us will be inspected, and upon confirmation that they satisfy the above conditions, will be refunded in full, including the delivery charges you paid (if any) to have the item sent to you. However, you will be responsible for the cost you incurred in returning the item to us.

Where payment has already been taken, we will credit your payment card with the amount of the refund due within 30 days of the date Waldo receives the Products returned to us.

14. Coupon codes

Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. There is a limit of one coupon code per order. Each coupon code has its own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification or trade of coupon codes is prohibited.

15. Term, Termination and Modification of the Service

i. Term. These Terms are effective beginning when you accept the Terms or first access or use the Services, and ending when terminated as described in Section 15(ii).

ii. Termination. If you violate any provision of these Terms, your authorization to access the Services and these Terms automatically terminate. In addition, Waldo may, at its sole discretion, terminate these Terms or your account on the Services, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time as set forth in Section 12.

iii. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access your account or the Services; (c) you must pay Waldo any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 3, 4(iii), 5, 6, 13, 15(iii), 16, 17, 18, 20, and 21 will survive.

iv. Modification of the Services. Waldo reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Waldo will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services.

16. Warranty Disclaimer and Release

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Services, or how you may interpret or use the Content you access via the Services. To the fullest extent permitted by law, you agree to release, defend, indemnify and hold Waldo and our officers, directors, agents, consultants, affiliates, subsidiaries, and employees ("Waldo Entities") harmless from all liabilities, claims and expenses, including reasonable attorneys' fees, that arise from or relate to: (a) your unauthorized use of, or misuse of, the Services or Content; (b) your violation of any portion of these Terms; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance or legality of material or Content contained in or accessed through the Services.

If you are a California resident, you hereby waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

THE SERVICES AND ALL CONTENT ON THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WALDO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY WALDO OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WALDO DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS, AND WALDO DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR WALDO ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE WALDO ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Waldo does not disclaim any warranty or other right that Waldo is prohibited from disclaiming under applicable law.

17. LIMITATION OF LIABILITY

TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE WALDO ENTITIES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00.

18. Other important terms

If we reasonably believe that you have breached these Terms, we may take such action as we consider appropriate, including but not limited to withdrawing your right to use the Services.

i. Assignment. These Terms are personal to you, and may not be assigned or transferred by you to another person except with our prior written consent. We may transfer our obligations under the contract to another organization, but this will not affect your rights or our obligations to you under these Terms.

ii. Third Party Rights. The contract is between you and us. No other person shall have any rights to enforce any of its terms.

iii. Entire Agreement. These Terms, together with the Privacy Policy and Cookies Policy, set out the entire agreement between you and us in respect of your use of the Website and the Services.

iv. Severability. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.

v. No Agency. No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

vi. No Waiver. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

vii. Governing Law. These Terms (and any non-contractual obligations arising out of or in connection with them) are governed by English law. This means a contract for the purchase of products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law.

viii. Disputes. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute arising between us regarding these Terms of Service.

19. Third Party Services

The Services may contain links to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.

20. Notice for California Users

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Ainsly Limited (dba Waldo), 71-75 Shelton Street, London, WC2H 9BP, Attention: CEO or by telephone at +44 20 3176 8063.

21. Contact us

If you have any queries or complaints about this Website or our Services, please email us at hello@hiwaldo.com or visit the Contact Us section of the Website.

These Terms of Use were last updated on: October 30, 2018