Wraptor

Terms of Service

Wraptor Terms of Service


Wraptor Limited (“Wraptor,” “our,” “we,” or “us”) provides a platform for creating and sharing gift lists (gift registries). Please read our Terms of Service carefully. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).


These Terms were last updated on the 31st of March 2017.


About Our Services



Registration.


You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.

Address Book. 


You provide us the phone numbers of Wraptor users and other contacts in your mobile phone address book on a regular basis. You confirm you are authorised to provide us such numbers to enable us to provide our Services.

Age.


If you are over 13 but under 18 then you must have the permission of your parent or guardian to use our Services. Wraptor reserves the right to refuse to permit minors to use our Services at its discretion.

Devices and Software. 


You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services.

Purchasing Products. 


In relation to any products that you choose to buy using our Services, you will be re-directed to the website of the retailer of the relevant product in order to complete the transaction. Once you reach a third party website we have no control or responsibility for any purchase you make. The terms and conditions of the third party will apply.


Privacy policy and User Data


Wraptor’s Privacy Policy describes our information practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country.


Acceptable Use of Our Services


Our Terms and Policies. 


You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use. 


You must access and use our Services only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Wraptor, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) impersonate someone; or (d) involve any non-personal use of our Services unless otherwise authorised by us.

Harm to Wraptor or Our Users.  


You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorised access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorised or automated means; (f) collect the information of or about our users in any impermissible or unauthorised manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure. 


You are responsible for keeping your device and your Wraptor account safe and secure, and you must notify us promptly of any unauthorised use or security breach of your account or our Services.

Third-Party Services


Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Licenses


Your Rights.


Wraptor does not claim ownership of the information that you submit for your Wraptor account or through our Services. You must have the necessary rights to such information that you submit for your Wraptor account or through our Services and the right to grant the rights and licenses in our Terms.

Wraptor’s Rights. 


We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission. You may use the trademarks of our affiliated companies only with their permission, including as authorised in any published brand guidelines.

Your License to Wraptor. 


In order to operate and provide our Services, you grant Wraptor a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and information, store your gift lists and the associated product data, and otherwise as described in our Privacy Policy).

Wraptor’s License to You. 


We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.


Reporting Third-party Copyright, Trademark, and Other Intellectual Property Infringement


To report claims of third-party copyright, trademark, or other intellectual property infringement, please contact us. We may terminate your Wraptor account if you repeatedly infringe the intellectual property rights of others.

Disclaimers 


You use our Services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties. You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Wraptor parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.

Limitation of Liability


The Wraptor parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services, even if the Wraptor parties have been advised of the possibility of such damages.
Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of one hundred pounds sterling (£100) or the amount you have paid us directly in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. Notwithstanding anything to the contrary in our terms, in such cases, the liability of the Wraptor parties will be limited to the fullest extent permitted by applicable law.

Indemnification


You agree to defend, indemnify, and hold harmless the Wraptor Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

Dispute Resolution



Your Rights.


Wraptor does not claim ownership of the information that you submit for your Wraptor account or through our Services. You must have the necessary rights to such information that you submit for your Wraptor account or through our Services and the right to grant the rights and licenses in our Terms.

Choice of Law.


Unless otherwise required by a mandatory law of any other jurisdiction, the Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the Northern Ireland.

Mediation and Arbitration.


You and Wraptor agree that any dispute, claim, or similar issue between you and Wraptor arising in connection with or relating in any way to these Terms or to your relationship with Wraptor as a user of our Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal concept, and whether the claims arise during or after the termination of any agreement) will be determined by mediation in the first instance and, if unresolved by mediation, by arbitration. Arbitration is more informal than a lawsuit in court. This arbitration provision will survive termination of the Agreements. If you are located, based, have offices or do business in a jurisdiction in which this Section (Mediation & Arbitration) is enforceable, the following mediation and arbitration provisions apply to you: Any dispute arising out of or in connection with these Terms shall, at first instance, be referred to a mediator for resolution. The parties shall attempt to agree upon the appointment of a mediator upon receipt, by either of them, of a written notice to concur in such appointment. Should the parties fail to agree within fourteen days, either party, upon giving written notice, may apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators, for the appointment of a mediator. Should the mediation fail, in whole or in part, either party may, upon giving written notice, and within twenty-eight days thereof, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators, for the appointment of a single arbitrator, for final resolution. The arbitrator shall have no connection with the mediator or the mediation proceedings, unless both parties have consented in writing. The arbitration shall be governed by both the Arbitration Act 1996 and the Controlled Cost Rules of the Chartered Institute of Arbitrators (2014 Edition), or any amendments thereof, which Rules are deemed to be incorporated by reference into this clause. The seat of the arbitration shall be Belfast, Northern Ireland.

Exceptions.


Notwithstanding the clause above, you and Wraptor both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in small claims court, (2) pursue enforcement actions through applicable state or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.

Time for Making a Claim.


Any mediation or arbitration must be commenced by filing a request for mediation or arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Notice and Process.


A party who intends to seek mediation and/or arbitration must first send a written notice of the dispute to the other by recorded delivery, or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Wraptor's address for Notice is: Wraptor, Suite One, Fountain Centre, College Street, Belfast BT1 6ET. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Wraptor may commence mediation and/or arbitration proceeding. During the mediation and/or arbitration, the amount of any settlement offer made by you or Wraptor shall not be disclosed to the mediation or arbitrator until after the relevant official makes a final decision and award, if any. All documents and information disclosed in the course of the mediation or arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the mediation and/or arbitration or the enforcement of mediator or arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the mediator or arbitrator’s decision and award, neither you nor Wraptor shall make any public announcement or public comment or originate any publicity concerning the mediation or arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the mediation or arbitration, or any decision or award of the arbitrator.

Enforceability.


If any part of this Section (Mediation & Arbitration) is found to be invalid or unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described under Choice of Law above shall govern any action arising out of or related to the Agreements.


Availability and Termination of Our Services



Availability of Our Services.


Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events. Termination.
We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Wraptor: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” and “Other,”.

Other.


Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Wraptor and our Services, and supersede any prior agreements.
We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
Our Terms are written in English (UK). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version prevails. Any amendment to or waiver of our Terms requires our express consent. We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time.
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Nothing in our Terms will prevent us from complying with the law. Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a waiver. We always appreciate your feedback or other suggestions about Wraptor and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Availability of Our Services.


Currently Wraptor is only available in the English version. Future updates to the app may include other languages which will be accessible through the in-app settings.

If you have questions about our Terms of Service, please contact us

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    Suite One, Fountain Centre, College Street, Belfast