YOU MUST AGREE TO THIS MANDATORY TERMS OF USE AGREEMENT BEFORE AND AS A CONDITION PRECEDENT TO USING THIS WEBSITE.
Widopan Limited (hereinafter "Widopan Limited " "we" or "us") operates this Website (widopan.indevelopment.website) and any services thereon (collectively the "Services") subject to your compliance with the conditions set forth in this Mandatory Terms of Use Agreement (the "Agreement"). This Agreement, and the terms and conditions listed in the Privacy Policy, govern the relationship between Widopan Limited and You with respect to your use of the Website. Your use of the website creates a legally binding contract based on this mandatory terms of use and the conditions contained in the privacy policy, and you hereby agree to all said terms and conditions.
You acknowledge that you have read and understood the terms and conditions of this Mandatory Terms of Use Agreement (and/or have had the opportunity to consult with counsel) and that you agree to be bound by all of its provisions. If you do not agree to these Mandatory Terms of Use or the Privacy Policy, you must not use the Website, you should navigate away from this Website.
We may, at any time, and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Please check periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement. If you do not accept the changes, you must delete any account you have, and refrain from using the Website. Your continued use of the Website will signify your acceptance of these terms
PERSONAL DATA
Personal Information is defined as your name plus other information that would enable you to be contacted, including your e-mail, address, telephone number, or gender etc. We collect personal information when you place an order via our website and or any other services Widopan Limited offers, however we don't collect any Personal Information unless you voluntary submit it. The security of your personal data is important to us and would remain private and stored securely and encrypted on our system. No third-party company will have access to any data stored.
Should you wish withdraw your consent at ant time in the future and have all personal data deleted, please contact the Widopan Limited at: contact@widopan.indevelopment.website using the email description ‘Delete Privacy Data’.
We retain your personal information for as long as necessary to provide you with our services and or for essential purposes such as complying with our legal requirement.
There is no guarantee the data may not be accessed, altered, disclosed or destroyed by breach of any of our physical or technical safeguards. Every endeavour is made to keep your personal data private, however, In the event of a security breach all servers will be closed down immediately, a message will be sent to you advising of the breach and not published again until the issue has been resolved.
TERMS OF USE UPDATES
We may revise this Agreement at any time. By using the Website and/or Services, you agree to the then-current version of this Agreement as posted on the Website. If at any point, you do not agree to any portion of the then-current version of this Agreement, you must immediately stop using the Website and/or Services.
LICENSE TO USE WEBSITE
As long as you are in compliance with the conditions of this Agreement and all associated documents incorporated herein, we hereby grant you a limited, revocable, non-assignable, non-sub licensable, non-exclusive license to use the Website and all Content and Materials thereon that are intended to be displayed publicly. Any violation of the terms or conditions of this Agreement is grounds for immediate termination of this limited license. No other rights are granted, implied or otherwise.
INCORPORATED TERMS
The following additional terms are hereby incorporated into this Agreement by reference, and your assent to this Agreement binds you to all of the additional terms in the following documents:
Copyright Policy
Complaint Policy, including trademark complaints
Privacy Policy
AVAILABILITY AND USE OF THE WEBSITE
While we make reasonable efforts to ensure that the Website is available at all times, we do not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and we do not guarantee that users will be able to access or use all or any of the Website features, promotions, games or contests at all times.
We may, at any time, revise or change availability, specifications, content, descriptions or features of any services offered through the Website, at any time, in our sole discretion. The inclusion of any material or services on the Website at a particular time does not imply or warrant that these materials or services will be available at any time.
We are under no obligation to maintain the Website or any information, Content, Submissions, Materials, or other matters that you submit, post or make available to the Website, or are otherwise available on the Website. We reserve the right to withhold, remove and or discard any such material on the Website or available or placed by you thereon as part of your account (if you have one), with or without notice at any time.
You are prohibited from attempting to or actually access those portions of the Website for which you have no permission.
IMPORTANT NOTICES/DISCLAIMER
We may make available the information and materials on the Website, including but not limited to summaries, descriptions, user profiles, professional summaries, text, articles, videos, images, graphics, publications, news, surveys, articles, seminars, information regarding products, and any other such materials appearing on the Website (the "Materials"), for general informational and entertainment purposes only.
The Materials are not intended to constitute, and DO NOT constitute, medical, legal or business advice. Those accessing the Materials should not act upon them without first seeking appropriate counsel, as these Materials are general in nature, and may not apply to a particular circumstance. The Materials should not be used as a substitute for consultation with a professional adviser.
The Website may contain typographical errors or inaccuracies, including but not limited to errors or inaccuracies related to service information or availability, and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
RULES OF CONDUCT
Your use of the Website is conditional on your compliance with the rules of conduct as well as all other terms of the Agreement.
You agree that you will not, in connection with your use of the Website, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through Website and/or Service any material or information that infringes any copyright, trade mark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
You agree that you will refrain from using the Website or the Services for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Websites or Services.
You must provide true and accurate information at all times in any Material, Content, Submission, or other material or information you provide through the Website.
You must keep your user password and any other information needed to login to the Website, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others and any ramifications of such access, and may take no action to disable any account until given explicit notice by you. Under confirmed unauthorized use circumstances, we may take reasonable efforts with reasonable speed, to disable, lock or otherwise address your situation. In the event that you would like to report a breach, please contact info@widopan.co.uk the term "Account Breach Notice" in the subject line.
You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any Widopan Limited employee, agent, or representative; or expressing or implying that we endorse any statement you make. You may not use any information obtained from the Website to harass, spam or intimidate others or to contact them without their permission.
You may not modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website or Materials. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Further, transmitting or making available in connection with the Website any denial of service attack, virus, worm, Trojan horse, root kit or other harmful code or activity is prohibited. Moreover, you may not interfere with or violate any other Website visitor's or user's right to privacy or other rights, or mine, harvest or collect personally identifiable information about Website visitors or users, or about our employees or other individuals identified on the Website, without their express written consent. You may not mine or harvest information from the Website, including any scraping of the Website.
You may not access any portion of the Website that is not public or is not meant to be accessed by general users, and you may not attempt to override any security measures in place on the Website.
To the extent that you may access or download any software that is made available through the Website ("Software"), such Software is the copyrighted work of Widopan Limited and/or its various licensors. Your use of the Software may be governed by the terms of an end user license agreement, if any, which may accompany or be included with the Software. You may not install or use any Software that is accompanied by or includes such an end user license agreement unless you first agree to the terms of such agreement. Any warranty applicable to the Software will be specified in the terms of the License Agreement and no additional warranties are provided herein. If you have any inquiries concerning these terms, please consult with us before accessing any programs.
CONTENT SUBMITTED OR MADE AVAILABLE TO THE WEBSITE
You are under no obligation to submit any materials to the Website, and unless otherwise noted herein, we will not claim ownership of any text, software, music, sound, photographs, graphics, video, messages or tags ("Content") you submit or make available through or on the Website.
However, should you choose to utilize the Website to submit, upload, or otherwise provide any Content, you hereby grant Widopan Limited a worldwide, fully paid, royalty-free, nonexclusive, unrestricted, unlimited, assignable, sub-licensable, perpetual, irrevocable license to use, copy, distribute, reproduce, modify, adapt, improve, create derivative works from, publish, remove, delete, translate, publicly perform, publicly display and commercialize the Content, in whole or in part, in any way or manner now known or in the future discovered or developed, and to incorporate such Content into other works in any format or medium now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation or attribution to you or any person or entity, without further consent, and without any liability whatsoever. You further expressly permit, license, and assent to Widopan Limited right to register, deposit, or otherwise record any modification or derivative work created by Widopan Limited from the Content with any foreign or domestic registration bodies, including but not limited to the United Kingdom Intellectual Property Office, the United States Copyright Office, and the United States Patent and Trademark Office. You further hereby expressly and irrevocably waive all moral rights in the Content. Further, to the extent that you upload any images with an identifiable individual, you hereby provide a license to use such individual’s name, image, likeness and persona in connection with the Website. You hereby represent that you are authorized to grant the licenses identified herein.
By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto ("Submissions") or other Content to the Website, you hereby explicitly agree, represent and warrant that:
(a) all such Submissions and Content are true and accurate, (b) such Submissions and Content do not contain confidential or proprietary information, and their provision is not a violation of any contractual or legal right of any party; (c) we are not under any obligation of confidentiality relating to the Submissions or Content, either express or implied; (d) we shall be entitled to use or disclose the Submissions or Content in any way, manner, purpose or otherwise, worldwide; and (e) you are not entitled to any compensation, attribution or reimbursement of any kind from in exchange for the Submissions.
Further, we may access and use the Website and any Services, and any information stored thereon, including the contents of any Content or Submissions, for any lawful purpose.
You agree not to upload, distribute, make available or otherwise publish through the Website or any Service thereon, any Content or Submission that:
contains a virus, corrupt file, or any other similar software or programs which may damage the operation of another’s computer;
is unlawful or encouraging of another to commit unlawful activity;
violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or other intellectual or proprietary property right of any party;
defamatory, libellous, obscene, pornographic, indecent, lewd, inappropriate, invasive of privacy or publicity rights, abusing, threatening, harassing, bullying or otherwise objectionable;
Constitutes advertisements or offers to sell or buy goods or services of any kind, unless authorized by us;
Contains a contest, pyramid scheme or chain letter;
May restrict or inhibit any other user from using the Website; or
Violates any rules of conduct which may be applicable to a particular Communication Service.
Content Screening and Disclosure
We do not, and cannot, pre-screen or monitor all Content or Submissions. However, we and our representatives may monitor any and all Submissions or Content submitted, posted, uploaded, or otherwise communicated to the Website, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content or Submission. We do not assume any responsibility or liability for Content or goods that are generated by users of the Website and/or Services. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content or Submission.
INTELLECTUAL PROPERTY RIGHTS
The Materials, the Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions world-wide. You may print and/or download a copy of any part of the Website for your personal, non-commercial use, but you may not copy, distribute, make commercial use of or otherwise exploit any part of the Materials or the Website for any other purpose without our express written consent, and you may not modify any part of the Website for any reason. You may not remove any trademark, copyright, or other rights notice which appears on the Website or is included in the source code, metadata and image metadata of any part of the content of the Website.
The trademarks, service marks, logos and any designs used or displayed on the Website are owned/licensed by/from their respective owners and/or licensee, as indicated where appropriate. Any use of copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of their owners/licensors is not permitted.
DISCLAIMER OF WARRANTIES
The website and services, and any goods sold through the services, are provided on an "as is" and "as available" basis for your use, and we specifically disclaimer all warranties of any kind, either express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. We make no warranty as to the accuracy, completeness or reliability of any content or materials available through the website and/or services. You are responsible for verifying any information before relying on it. Use of the website the services and/or the content or materials available on the website and/or services is at your sole risk. We do not warrant that you will be able to access or use the website and/or services at the times or locations of your choosing; that the website or the services will be uninterrupted or error-free; that defects will be corrected; or that the website or the services are free of viruses or other harmful components.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall WIDOPAN Limited, or its affiliates, parents, licensors and business partners (collectively, the "related parties") be liable, whether based in contract, tort (including negligence), strict liability or otherwise, and shall not be responsible for any losses or damages, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the website and/or services, even if the possibility of such damages is made known.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that WIDOPAN Limited, or any of its subsidiaries, parents, affiliated companies, employees, members, shareholders, or directors shall not be liable for (1) any damages in excess of £75, or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website or any Content, Submissions, Materials or other materials on, accessed through or downloaded from the Website. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
This limitation shall not apply to any damage that we cause you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.
INDEMNITY AND RELEASE
You agree to defend, indemnify and hold WIDOPAN Limited, and their suppliers, subsidiaries, parents, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable legal fees, expert witness fees, and costs of litigation arising out of or based on (a) Content or Submissions you submit, post to or transmit through the Website, (b) your use of the Website, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal, or violates the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Website, including but not limited to any allegation that anything you transmit or attempt to transmit, including but not limited to any Content or Submission you submit, post, or otherwise make available, through or in connection with the Website, infringes or otherwise violates the intellectual property, privacy or other rights of any third party.
To the extent that you voluntarily provide your login, password or member information to another, you agree to be bound by and responsible for their actions hereon. Should you learn of a breach or violation of your identity, including the misappropriation of your password, you should notify us immediately.
You are hereby agreeing to release WIDOPAN Limited, and their suppliers, parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that You may have against them arising out of or in any way related to such disputes and/or to the Website and related products and services.
INCORPORATION OF PRIVACY POLICY
We use your information only as described in the Privacy Policy, which is expressly incorporated as terms of this Agreement. If you object to anything in the Privacy Policy, please do not use our services or contact us directly to determine whether a special exemption or modification may be warranted.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, the Website is controlled and operated by WIDOPAN Limited under English Law, regardless of where its servers may be located, from time to time. You agree that any dispute arising under the Agreement, or relating to the Website or the Services, shall be resolved exclusively by arbitration as set forth below. By your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.
Although the Website is available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in English Law, and that by visiting the Website you unequivocally and unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause.
In any proceeding arising out of this Agreement, you agree that service may be made upon you by e-mail to your e-mail address then on file and/or attached to your account.
EXPORT CONTROL
Your use of the Website may be subject to export and re-export control laws and regulations. You acknowledge that you may not export, re-export, sell, divert, transfer or otherwise dispose of any software, prizes or the Services to any end-user without obtaining required authorizations. You also warrant that you are not prohibited from receiving UK origin products, including but not limited to those that may appear on the Website.
POLICIES FOR CHILDREN
The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website or that are under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that we discover that a child under the age of 13 has provided.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
ARBITRATION, DISPUTE RESOLUTION AND LIMITATIONS
Before initiating any arbitration or court proceeding involving WIDOPAN Limited, or otherwise related to the Website, you agree to first attempt to negotiate any dispute, controversy or claim ("Claim") informally for at least thirty (30) days. Negotiations will begin upon written notice. You should send your notice to us at info@widopan.co.uk
If the parties fail to resolve a Claim against WIDOPAN Limited, or otherwise related to the Website, through negotiations within such thirty (30)-day period, if you wish to continue pursuit of your Claim, you may only do so through arbitration. You may initiate arbitration by sending a written notice requesting arbitration to WIDOPAN Limited.
By using our services, you agree to binding arbitration. If any disputes or claims arise against us such disputes will be handled by an arbitrator of our choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
Except as otherwise set forth in this Agreement, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you WIDOPAN Limited will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based.
By agreeing to this arbitration provision, you understand that you are waiving the right to sue in court and have a jury trial.
You agree that (a) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; (b) there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general; and (c) no arbitration shall be joined with any other.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
GENERAL
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. This Agreement may only be revised in a writing signed by us, or published by us on the Website.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website Assignment. We may assign its rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.
Attorneys’ Fees. In the event, any litigation is brought by us in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: WIDOPAN Limited, SYSTEMS HOUSE Horndon Industrial Park Station Road, West Horndon, Brentwood, Essex CM13 3XL. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. Unless in a writing signed by us, this Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Website and/or the Services and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
Contacting Us. You may contact us at info@widopan.co.uk
COPYRIGHT
If you believe in good faith that any Content, Submission, or other material posted on the Website infringes the copyright in your work, please contact us by email containing the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
Information reasonably sufficient to permit us to contact you;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid.
All rights are reserved and property of WIDOPAN Limited. All information and content in our website is the property of WIDOPAN Limited or its licensors and is protected by copyright, trademark and property laws. We expressly reserve other rights and licenses. You are authorized for non-commercial use to print or display the information and materials. Governing Law: These Terms shall be governed by the laws in England.
Please note that certain types of email attachment cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment may not be received or processed. If you need to send an attachment, then contact us and a further private address for email with attachments will be provided.