‘Guidelines for Wadaaa Community participation
The Wadaaa Community provides various features for engaging our users and sharing authentic feedback about products and services. These Community Guidelines help you use Community features, including Customer Reviews, Product Review Images and Product Review Videos.
We take the integrity of the Community seriously. Any attempt to manipulate Community content or features, including by contributing false, misleading, or inauthentic content, is strictly prohibited. If you violate our Guidelines, we may remove all or any content that we find violating.
We encourage anyone who suspects that content manipulation is taking place or that our Guidelines are being violated in any way to notify us. We investigate concerns thoroughly and take any appropriate actions.
Be Helpful and Relevant
The Community is intended to provide helpful and relevant content to customers. Content you submit should be relevant and based on your own honest opinions and experience.
Customer Reviews should be about the product.
Feedback about the seller, your shipment experience, or packaging can be shared under Store Ratings. Comments about pricing, product availability or alternate ordering options are also not about the product and should be shared under Store Ratings
Respect Others
Wadaaa values diverse opinions, so you may disagree with some content that you come across. Keep in mind that something that may be disagreeable to you may not violate our Guidelines. In order to maintain a welcoming environment for all users, your participation in the Community must always be respectful of others. In particular:
Sexual Content
Some products containing sexual content and some sex and sensuality products are permitted to be sold on Wadaaa, and we encourage users to express their opinions about those products. Some sexual content such as nudity and sexually explicit images or descriptions is restricted because audiences within our Community may be sensitive to that content.
Infringing Content
Cookie Policy
This Policy describes our use of cookies and related technologies as well as your choices.
In this policy we use the term Cookies to refer to browser cookies and related technologies, such as shared objects, web beacons, and tracking pixels. In order to help you better understand this Policy and the use of such technologies on our sites we have provided the following limited terminology and definitions:
Session Cookies expire at the end of your browser session and allow us to link your actions during that particular browser session.
Persistent Cookies are stored on your device in between browser sessions, allowing us to remember your preferences or actions across multiple sites.
First-party Cookies are set by the site you are visiting.
Third-party Cookies are set by a third party site separate from the site you are visiting.
Web beacons - Small graphic images (also known as "pixel tags" or "clear GIFs") that may be included on the Services, that typically work in conjunction with cookies to identify users and user behaviour.
Similar technologies - Technologies that store information in your browser or device utilizing local shared objects or local storage, such as flash cookies, HTML 5 cookies, and other web application software methods. These technologies can operate across all of your browsers, and in some instances may not be fully managed by your browser and may require management directly through your installed applications or device.
Device ID & related - most devices have unique identifiers, such as MAC Address, Apple's identifier for advertising (IDFA), Android's Advertising ID. These identifiers can be used to track online activity or use of native apps on mobile devices.
Our Use of Cookies
Generally, Cookies allow the Services to store relevant information in your browser or device and later read that information in order to identify you or your device on our servers or internal systems. We use Cookies to collect information about your devices and your online activity, such as about the pages you view, the links you tap or click, and other actions you take on our Services or when you engage with our advertising or e-mail content. Third parties use Cookies for similar purposes and may be able to set or read Cookies when you visit the Services.
Any personal information that we collect and store through use of these technologies is collected and processed in accordance with this Policy and our Privacy Policy.
Cookies used in the Services fall into Three Categories
Ad Network and Services (Third Party Cookies) - We may use services, like Facebook, to serve tailored ads to you about the Services, our companies or products we are developing. And these services often use Cookies. We may also support or allow within the Services the delivery of advertising for the products and services of other companies. The ad networks and other participants in the online advertising sector will use and access their own cookies on your computer or other device(s) you use to access our Services. They may also collect device identifiers, including Apple's identifier for advertising (IDFA), Android's Advertising ID (AAID) or IP address. The information that these third parties collect may be used to assist us in providing you with more relevant advertising that we serve on our sites or elsewhere on the web, and as described on this page.
Choices - Opt out from cookies
Some of our features, services, applications, and tools require the use of Cookies. You are always free to block, delete, or disable these Cookies in our consent manager or if your browser, installed application, or device permits. However, if you decline Cookies, you may not be able to take advantage of certain site features, services, or apps.
You may be able to opt-out of certain Cookie activity by adjusting the settings on your browser or device, including Do Not Track or Ad settings.
To opt-out of Google Analytics you can install the Google Analytics Opt-out Browser Add-on.
To learn more about ads supported by Facebook and exercise choices please visit About Facebook Ads.
To exercise choices for tailored advertising from participating providers, please visit the following sites. If you opt-out, you may still receive advertising content, but it will not be tailored to you.
Network Advertising Initiative(NAI) - You may use the NAI opt out tool here, which will allow you to opt out of seeing personalized ads from NAI member companies.
Digital Advertising Alliance (DAA) - You may opt out of receiving personalized ads from certain companies that perform ad targeting services, using the DAA website here.
European Interactive Advertising Digital Alliance (EDAA) - You can learn more about online advertising and opt out at the Your Online Choices website.
For your mobile devices, please read your operating system's instructions for complete instructions.
For iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the "Limit Ad Tracking" setting
For Android devices with OS 2.2 or higher and Google Play Services version 4.0 or higher: Open your Google Settings app > Ads > Enable "Opt out of interest-based advertising"
For more information on choices on mobile devices visit the NAI's mobile choice page.
To change the cookie settings in your Wadaaa.com app or any of our other apps, please visit Cookie consent manager.
Endorsement Guidelines
November 24, 2021
When speaking, writing, or conveying a message about Wadaaa, a Wadaaa brand , or products or services available on the Wadaaa marketplace (“Products”), you must:
Microblogs (e.g., Twitter)Because microblogs have a character limitation, it is important to include a short statement that there is a material connection (such as a hashtag) and a (Bitly) URL directing people to a Disclosure and Relationship Statement (see below) which more clearly outlines the material connection as recommended above. This hashtag and Bitly URL should be made within the same post where you make a comment about Wadaaa. It is not sufficient to make a post or tweet about Wadaaa and then follow-up with a second post or tweet that includes a material connection hashtag or statement. These are some common English-language disclosure hashtags:
#sponsored [Bitly URL]
#paid [Bitly URL]
#ad [Bitly URL]
For other languages, use equivalent wording such as “#werbung” or “#anzeige” for German, “#sponsorizzatodabrand” or “#fornitodabrand” for Italian, and “#publicité” or “#sponsorisépar” for French.
Status Updates on Social Networks (e.g., Facebook)
Follow the guidance for Microblogs if there is a character limitation. Otherwise, follow the guidance for Personal and Editorial Blogs. As mentioned above, the disclosure should appear spatially close to the statement to which it pertains.
Podcasts and Video- and Photo-Sharing Websites (e.g., TikTok, Instagram, Snapchat)
Follow the guidance above for Personal and Editorial Blogs, but include the information as part of the photo/video/audio content in addition to the written description.
iOS App - Special Terms
Law Enforcement
As a global platform, Wadaaa and its corporate affiliates, receive various forms of legal process requesting information about users, sellers, and transactions. The purpose of this policy is to provide basic guidance to law enforcement and governmental entities on requesting information from Wadaaa in connection with investigations and inquiries and on what they can expect from Wadaaa in response to those requests.
Consistent with the applicable terms and Privacy Policy, Wadaaa responds to valid legal process to the extent consistent with applicable laws. Wadaaa reviews requests to ensure that the requests have a valid legal basis. If the request has a valid legal basis, Wadaaa complies by providing data responsive to the request. If a request does not have a valid legal basis, or if it is unclear, inappropriate, or overly broad, Wadaaa typically challenges or rejects the request.
For questions regarding this policy or data requests generally, please contact [email protected].
Access to Account Holder's Records
Parties seeking data related to a transaction on Wadaaa's platform or a Wadaaa user's account should always attempt to obtain the relevant data directly from the user before approaching Wadaaa. Users generally have access to the same transactional records that Wadaaa may be able to produce in response to legal process.
Service
Wadaaa may reject legal process that is not properly served. Acceptance of legal process at any Wadaaa office address, or via fax or email, is for convenience and does not waive any objections, including lack of jurisdiction or proper service.
Data Available
Wadaaa will search for data that is specified with particularity. However, please note that due to the nature of Wadaaa's systems, Wadaaa may not be able to provide data related to the specific items purchased in a given transaction, and may not be able to locate specific shipping addresses without undertaking significant effort, which may delay its response. Additionally, please note the following guidelines for specifying search terms to better facilitate Wadaaa's search for responsive information.
User account data requests
Wadaaa may produce basic user account information if properly requested by legal process and if consistent with applicable law. User accounts must be identified by name and email address and/or a Wadaaa-issued user identifier
Listing information requests
Listings for which information is requested must be identified by the URL where the listing was made available on Wadaaa.
Credit Card Transaction Requests
Wadaaa may produce information associated with transactions, including usernames, IP addresses, and shipping information if properly requested by legal process and if consistent with applicable law. Wadaaa may search for transaction data related to specific credit card or debit card numbers, if the requesting party provides the type of card (i.e., Visa, MasterCard, etc.), last four digits of the card number, date of transaction, and the amount of each individual transaction. In addition, Wadaaa may search for information related to third-party payment services such as PayPal and Klarna, provided that the party requesting data provides sufficient information, and identifies the payment service provider in response to the request.
Wadaaa may produce information associated with transactions, including usernames, IP addresses, and shipping information.
Preservation
Wadaaa will comply with preservation requests by governmental entities and take steps to preserve available account records for 90 days, which may be extended for an additional 90 days pursuant to a preservation extension request by the governmental entity.
Foreign Requests
To the extent permitted by applicable law, Wadaaa Inc. may, at their discretion, respond to requests from law enforcement and governmental entities outside their respective jurisdictions if there is a valid legal basis for such requests.
Emergency Disclosures
Wadaaa may disclose data pursuant to an emergency disclosure request from law enforcement when we believe that doing so is necessary to prevent death or serious physical harm to someone. For more information about the emergency disclosure request process, please contact [email protected].
Testimony
Wadaaa does not provide expert testimony support. Wadaaa records are self-authenticating pursuant to law and should not require the testimony of a records custodian. If a special form of certification is required, please attach it to your records request.
Cost Reimbursement
Wadaaa may seek reimbursement for costs incurred responding to requests for information as provided by law and may also charge additional fees for costs incurred in responding to unusual or burdensome requests. Wadaaa may waive these fees at its sole discretion.
Pay Later User Agreement
November 24, 2021
PLEASE READ THE TERMS OF THIS USER AGREEMENT ("AGREEMENT") CAREFULLY. BY ACCESSING OR OTHERWISE USING Wadaaa'S PAY LATER SERVICE, YOU AGREE TO BE BOUND BY: 1) THIS AGREEMENT AND THE PAYMENT AUTHORIZATION HEREIN; AND 2) THE Wadaaa TERMS OF USE. YOU ALSO ACKNOWLEDGE THAT WE COLLECT AND USE DATA AS DESCRIBED IN THE Wadaaa PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE PAY LATER SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
YOU AGREE THAT ALL DISPUTES ARISING FROM OR RELATING TO THIS AGREEMENT WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THE Wadaaa TERMS OF USE.
FOR USERS IN THE U.S.: ARBITRATION AND CLASS ACTION WAIVER
THIS AGREEMENT INCORPORATES THE ARBITRATION PROVISIONS IN THE Wadaaa TERMS OF USE (“ARBITRATION PROVISIONS”) TO WHICH YOU ARE ALREADY A PARTY. IF YOU DID NOT OPT OUT OF THE ARBITRATION PROVISIONS, THEY ALSO APPLY IN THIS AGREEMENT. PLEASE REVIEW THE ARBITRATION PROVISIONS CAREFULLY AS THEY WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO THE ARBITRATION PROVISIONS UNLESS YOU PREVIOUSLY OPTED OUT.
1. The Agreement
1.1 The Parties to this Agreement
Wadaaa Inc. and its corporate affiliates: (i) operate online marketplaces that may be available as native apps for operating systems like Android or iOS, or on standard or mobile web; and (ii) develop and provide other services and products.
This Agreement describes the terms between Wadaaa Inc., located at, or the applicable Wadaaa affiliate (“Wadaaa”, "we", "us" or "our") and you ("you", "your", "User") for the financing provided by Wadaaa (“Pay Later Service” or “Pay Later”) for the goods and/or services you purchase on the Wadaaa Platform. Through Pay Later, Wadaaa will extend financing to you and the right to defer payment for the goods and/or services you purchase from Wadaaa merchants (each, a “Wadaaa Merchant”). You agree to pay us pursuant to the terms of this Agreement.
1.2 Pay Later
The Service
Pay Later allows eligible Users to buy products and/or services from Wadaaa Merchants by splitting the total amount of the purchase over two (2) or more payments. To use Pay Later, you must have: (1) a valid credit or debit card (“Payment Method”), and (2) an account on the Wadaaa Platform that is in good standing. We may limit the Payment Methods we accept at our discretion.
Once you select Pay Later at checkout, you will receive a confirmation from us including a receipt of your transaction and your payment details, which includes your payment schedule(“Payment Details”). The Payment Details serve as confirmation that you have agreed to make scheduled electronic payment(s) to Wadaaa. You agree to make an initial payment due at checkout and subsequent payment(s) in accordance with your Payment Details.
Your Promise to Pay. This Agreement governs your repayment obligation to us in connection with the financing we provide at your direction and on your behalf to a Wadaaa Merchant to purchase goods and/or services that you have selected. You promise to pay your initial payment at checkout and subsequent payment amounts under this Agreement as set forth in your Payment Details (inclusive of all taxes and fees) until paid in full. You understand that your Payment Details will be provided to you electronically as a supplement to this Agreement. By accepting this Agreement and confirming the financing of your purchase through Pay Later, you give us the right to collect any unpaid amounts of your purchase.
Disputes Related to Your Order. We want you to be satisfied with your purchases on the Wadaaa Platform. If you have a problem with an order or purchase, please contact us as described in the Refund & Returns Policy. You agree that: (i) Wadaaa may, in accordance with its Refund & Returns Policy, issue a refund to resolve any problems with your order, including the contents of a product listing or the delivery, condition, performance, or quality; and (ii) if you Wadaaa to pursue any other remedy, you must seek that remedy directly from the applicable Wadaaa Merchant. Please note that Wadaaa does not have control of, or liability for, the products or services financed through Pay Later. We provide you with Pay Later, which allows you to finance your purchase from Wadaaa Merchants. Pay Later refunds for returns and cancellations will be refunded back to your Payment Method. If your order is refunded before your next installment is due, we will adjust the amount you owe us accordingly.
Canceling Transactions
Your use of Pay Later is subject to approval by Wadaaa. We have the right and sole discretion to restrict or otherwise prohibit your use of Pay Later, or we may cancel an approved transaction before the goods or services are delivered to you for a variety of reasons, including, but not limited to, our reasonable belief that such action is necessary to prevent fraud, address the risk of money laundering or terrorism financing, or due to other legal or regulatory considerations.
If we cancel an approved transaction: (1) we will apply a full refund of any amounts you have paid to us to your Payment Method; and (2) you will not be obliged to make any further payments to us with respect to the transaction. Further, should we cancel an approved transaction, the Wadaaa Merchant will not be obliged to deliver the goods for that transaction.
Pay Later Limits. The maximum amount you can use to purchase goods and/or services through Pay Later (“Pay Later Limit”) will be decreased by the corresponding amount that you owe us and will be replenished as you make your payments. We may, at our sole discretion, adjust your Pay Later Limit.
2. Payment Authorization & Payment-Related Terms
2.1 Payment Authorization.
By agreeing to these terms and conditions, you authorize us to make preauthorized electronic fund transfers from your designated Payment Method.
Once you select Pay Later at checkout, you authorize Wadaaa to charge your designated Payment Method for your initial payment immediately. Thereafter, you authorize Wadaaa to automatically charge your Payment Method for any future payments on or soon after the dates set forth in your Payment Details(or in any alternative amounts or on any alternative dates to which you and we may agree). If we are unable to collect payment from you, you authorize us to re-attempt to charge your Payment Method at later dates and/or combine your late payment amount with your next payment that is due, as set forth in your Payment Details.
You are responsible for ensuring that you have sufficient funds in your bank account or payment card to make automatic payments on the dates specified in your Payment Details. You are responsible for all fees, including overdraft or NSF fees, charged by your financial institution associated with the payments. If you would like to make a payment using a different Payment Method or another mechanism (e.g., via check), you must inform the Wadaaa Customer Support Team at [email protected].
2.2 Early Payments.
You may make early payments in connection with Pay Later without any penalty or added fee. If you do not choose to make early payments, we will automatically process payments on or soon after the due dates set forth on your Payment Details.
2.3 Errors.
If we make an error in processing or calculating your payment, you must notify us and we will correct the error and reimburse you any fees or charges imposed as a result of our error or system failure. You authorize us to debit or credit your Payment Method as necessary to correct any error we may make in processing a payment on or after the date such error occurs. To file a claim, email the Wadaaa Customer Support Team at [email protected]. Please provide us with a copy of the relevant records so we can locate your account and identify the issue.
2.4 Interest or Other Finance Charges.
Any interest or fees in connection with your use of Pay Later will be disclosed on your checkout screen, and will also be reflected in your Payment Details. Please carefully review the applicable interest or fees on your checkout screen and as reflected in your Payment Details. Other fees may apply as described in this Agreement as well.
2.5 Failure to Make Payments.
(a) If you fail to make payments as set forth in your Payment Details, we reserve the right to: (i) re-attempt to charge your Payment Method at later dates; (ii) combine your late payment amount with your next payment that is due, as set forth in your Payment Details; (iii) deduct Wadaaa Cash you have on file with us to recoup any amounts owed to us; (iv) employ a debt collection agency to collect payment from you; and/or (v) restrict or deactivate your ability to use the Wadaaa Platform in the future.
(b) If you fail to make payments set forth in your Payment Details, you consent to receive communications from our debt collection service provider(s). You certify that any phone number, email or mailing address you provide to us can be used by our debt collection service provider(s) for debt collection communications. You also certify that any email address you provide is a personal email address and not a work email address. You agree to update your email address and phone number on your Wadaaa account to ensure accuracy.
(c) Account Reinstatement Fees. If we are unable to collect payments due under your Payment Details, we reserve the right to restrict your ability to make future purchases on the Wadaaa Platform. Under these circumstances, you may be able to fully reinstate your Wadaaa account by paying us: (i) any past due amounts owed to us; and (ii) an account reinstatement fee, if applicable.
3. Communications
3.1 Electronic Delivery of Communications
You agree and consent to electronically receive all communications, agreements, documents, notices and disclosures (“Communications”) that we provide in connection with your use of Pay Later. Communications include, but are not limited to:
Your Payment Details and any applicable updates;
Payment receipts or confirmations;
Agreements and policies you agree to, including applicable updates
We will provide these Communications to you by emailing them to your email address on file with us. It is your responsibility to keep your primary email address up to date so that we can communicate with you electronically.
3.2 Notice.
Except as otherwise required by law or as outlined in this Agreement, all notices from you regarding Pay Later must be provided in writing to: Wadaaa Inc.,25600 Westheimer Parkway, Ste 110, Katy, TX 77494
4. Customer Support
If you have questions related to Pay Later, please see our FAQs for clarification. You may also seek further assistance with Pay Later by contacting us via email at [email protected] or through the Wadaaa Assistant on the Wadaaa app. If you have a complaint with us arising out of or related to this Agreement, you should contact us at [email protected].
We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving all complaints and disputes.
5. Assignment
You may not assign, delegate, or transfer your rights or obligations under this Agreement in any way. We may transfer, assign or sell this Agreement, and any rights under this Agreement, to a third party without your consent.
6. Choice of Law
Disputes of any sort that might arise between you and Wadaaa in connection with this Agreement will be interpreted in accordance with the provisions set forth in the Wadaaa Terms of Use and will be governed by the law of the jurisdiction indicated in the Wadaaa Terms of Use.
7. Changes to this Agreement
Wadaaa may unilaterally modify this Agreement from time to time, including your Pay Later Limit, provided, however, that such changes will not retroactively impact transactions that occurred before the change became effective. You accept and agree to the changes to this Agreement by continuing to use Pay Later.
Privacy Policy
November 24, 2021
This Privacy Policy applies to all websites, products, services, and applications operated by Wadaaa Inc. and its Affiliates (defined below) to which it is posted ("Services"). As used in this Privacy Policy, "you," "your," or "user" refers to individuals about whom Wadaaa Inc. and its Affiliates collect and use information, such as consumers and merchants. "Our" "us" and "we" to refer to Wadaaa Inc. or the relevant Affiliate with whom you have a contract, as outlined in our Terms of Use. Please read this document carefully to learn more about how we collect, use, share and protect information, including information that may describe you personally.
This Privacy Policy does not apply to the practices of companies we don't own or control, or people that we don't manage. For example, it does not apply to the use of purchaser shipping information by a merchant. Any capitalized terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Use which govern Your use of the Services.
We support referral programs, affiliate offers, and a pickup program. We collect and use information from users (shoppers), merchants (sellers) and pickup program participants to facilitate listing (of items), shopping and fulfillment. We also use information to find items that we think will be of interest to buyers and to find the right price for each item.
By using or accessing the Services, you acknowledge that we will collect, use, and share your information as described in this Privacy Policy. You have choices about whether to provide us with information and how we use that information. You may choose not to provide us with information, but your choice(s) may prevent you from using the Services or limit your use of certain features. For example, if you do not provide us with a payment method, you may not be able to make purchases or if you do not allow us to see your device location we will not be able to recommend items for pickup at a location near you. See Section 7 for more information about your choices.
We're constantly trying to improve our Services, so we may need to update this Privacy Policy. We may update this Privacy Policy to reflect changes in the law, the Services, our companies or advances in technology. We will alert you to a change by placing a notice on the Services or by sending an email. Our use of the information we collect is subject to the Privacy Policy in effect at the time such information is used.
1. INFORMATION WE COLLECT & USE
Some of the information we collect is actively provided by you, such as when you fill out a field or form. Some is collected automatically (typically from devices). And some may be collected from other sources.
1.2 Information You Provide
When you use the Services you provide information to us, such as when you create an account or a store, make or fulfill a purchase, leave a review, or request customer support. Examples of the information you may provide are:
1.3 Information We Collect Automatically
When you use the Services, including when you visit our sites or install our apps, we automatically collect information about how you use the Services and the devices you use to access the Services. We may also generate information about you, such as an Account ID number. Examples of the information we collect automatically are:
1.4 Analytics, Advertising & Technical Data
We or our service providers or business partners may collect and use various pieces of information in an automated way to support analytics and advertising operations.
Analytics - We use analytics tools and providers to understand better how individuals and their devices interact with the Services. Google Analytics is important to our analytics - How Google uses data when you visit a partner site or app.
Cookies and Related Technologies - We and others may use cookies, which are text files containing small amounts of information that are downloaded on your device, or related technologies, such as web beacons, local shared objects and tracking pixels to store or collect information ("Cookies"). Cookies can help us and others learn about your online activity including on other sites or services. For example, web beacons allow ad networks to provide aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network's servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. See our Cookie Policy for additional information.
We do not have access to Cookies placed or read by Advertisers, and this Privacy Policy does not govern the use of those cookies and related technologies. See the Choice information in Section 7 for more information.
1.5 Third-Party Links and Plug-Ins
The Services may have links to third-party websites or apps, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites/apps.
The Services may also offer you the ability to interact with plug-ins from social media sites and others, which may allow us or the social media site to receive data from or about you. If you have previously provided personal information to a third-party operating a plug-in on the Services, then that third-party may recognize you on the Services. Your use of social network plug-ins is subject to the privacy policy of the company that operates the plug-in, which may be different from ours, so please read these policies carefully to understand their policies and your options.
1.6 Other Sources
We may gather information, including demographic and statistical information from third-parties, such as business partners, marketers, researchers, analysts. We may attribute this information to you based on your assignment to certain statistical groups. We may use this information to supplement the other information that we collect in order to derive your possible interests and to provide more relevant experiences for you within the Services and improve our products, analytics, and advertising.
2. HOW WE USE INFORMATION & LAWFUL BASES
2.1 Use
In general, we collect, use and store ("process") your information to provide the Services, to fix and improve the Services, to develop new services, and to market our companies and their products and services. Some specific examples of how we use information are:
2.2 Lawful Bases
Lawfulness of personal data processing is an important principle under data protection laws. For purposes of data protection law, we typically process personal data where:
2.3 Other Uses - Deidentified Data
We may take steps to limit or prevent identification of any particular user or device in sets of data, such as by combining information relating to many individuals ("aggregation") or removing or changing pieces of information about each individual. We may use de-identified data to help support our research and marketing efforts. This Privacy Policy does not apply to our use of such de-identified information.
3. LOCATION OF DATA PROCESSING - UNITED STATES AND ELSEWHERE
Information that we collect and use may be processed outside of your country or region. When we share personal information with Affiliates or with third-parties in other countries, we apply appropriate safeguards. For example, data covered by European data protection laws is typically protected by EU Model clauses.
By using the Services you:
4. RETENTION OF PERSONAL DATA/INFORMATION
We only keep your information for the time period required to complete the purposes for which it is processed or satisfy legal retention requirements. The length of time for which we retain information depends on the purposes for which we collected and use it or the requirements of applicable laws.
5. INFORMATION SHARING
We may disclose information about you or your use of the Services with the types of recipients described below.
5.2 Service Providers/Agents
We employ other companies and people to perform tasks or services on our behalf and need to share information with them so they can complete their work. For example: we may use a payment processing company to receive or deliver payments; or we may use a cloud services provider to store data.
5.3 Affiliates
We may share your information with other companies under common ownership or control with Wadaaa Inc. ("Affiliates"). These Affiliates use your information as described in this Privacy Policy. Where such sharing involves a transfer of personal data out of Europe, we use safeguards, including EU Model Clauses, to protect the data and ensure the lawfulness of the transfer.
5.4 Other Users
Information about merchants, pickup locations and users (i.e. purchasers) is shared in certain contexts. For example, merchant store information is made available to users and user reviews of a store are made available to merchants and other users. Also, when users complete a purchase using the Services, we normally share information needed to fulfill the purchase, such as shipping address and phone number, with the merchant (i.e. seller) or its service provider(s), such as a shipping company. Information shared with sellers and their service providers is subject to their own policies.
Certain user profile information, including your name, photo, location, items on your Wadaaalist (unless you make the Wadaaalist private), reviews you have written (including any photo/video you upload with such reviews), and the list of people you follow or that follow you, may be displayed to other users to facilitate user interaction within the Services. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments. Use caution and good judgment before sharing personal information in public areas of the Services.
5.5 Advertisers
We may allow advertisers, including merchants ("Advertisers"), to choose groups of users to see their listings, advertisements or promotional offers based on common features of a group of users, such as similar usage patterns or similar geographic locations. For example, if you buy products related to wine, we may show you an offer for a service that sells wine or similar products. If an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach.
5.6 Business Transfers
We may choose to buy or sell assets and may share or transfer user information (including personal information) in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, user information could be one of the assets transferred to or acquired by a third-party.
5.7 Legal Requirements, Protection of Wadaaa and Others
We reserve the right to access, read, preserve, and disclose any information that we in good faith believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Wadaaa, our employees, our users, or others.
5.8 Consent
We may share your information in other ways if you have asked us to do so or have given consent.
6. SECURITY
6.1 Accounts are protected by a password for your privacy and security. If you access your account via a third-party site or service, such as Facebook, you may have additional or different sign-on protections via that third-party site or service. We recommend that you choose an appropriate password, safeguard your password and limit access to the devices on which you access your account.
6.2 We use reasonable organizational and technical measures intended to protect the privacy of your account and personal information we use or store, but the Internet and our Services are not 100% secure. We cannot guarantee complete privacy or security for the information that you provide or that we collect.
7. CHOICES
7.1 Access, Review, Correct
Through your account "Settings" you are able to access, edit or delete information you've provided to us, including:
Payment method or payments services provider
User profile information, including images and videos you have uploaded to the Services
The information available in Settings and your options may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at [email protected].
7.2 Marketing Communication Opt-out
To manage your preferences or opt-out of marketing communications you can use any of the following methods.
Electronic Promotional Offers: If you do not want to receive emails from us regarding special promotions or offers, you may (1) follow the unsubscribe options at the bottom of each email; or (2) visit your account settings pages.
Mobile Promotional Offers: When you provide us with your mobile number for marketing purposes, we may send you certain marketing alerts via text message. Consent is not a requirement to use the services and standard data and message rates will apply. If you no longer Wadaaa to receive mobile alerts from us, you can follow the instructions provided in those messages or otherwise reply STOP to any alert we send.
Push Notifications: When you use the App, you may receive push notifications. If you prefer not to receive push notifications, you may adjust your settings on your mobile device to control whether you want to receive these alerts.
Settings: You can opt out of certain communications from us by changing your preferences under the "Settings" option of the applicable service.
7.3 Location Information
If you do not want us to see or access your device location, you can turn off location sharing on your device, change your device privacy settings, or decline to share location on your browser.
7.4 Cookies & Analytics
Visit our Cookie Policy for additional information and access to our cookie consent manager.
You may be able to opt-out of certain web beacon tracking and other Cookie activity by adjusting the settings on your browser, including Do Not Track settings.
To opt-out of Google Analytics you can install the Google Analytics Opt-out Browser Add-on.
7.5 Ads
Choices for tailored advertising:
To exercise choices for tailored advertising, please visit the following sites. If you opt-out, you may still receive advertising content, but it will not be tailored to you.
Network Advertising Initiative (NAI) - You may use the NAI opt out here, which will allow you to opt out of seeing personalized ads from NAI member companies.
Digital Advertising Alliance (DAA) - You may opt out of receiving personalized ads from certain companies that perform ad targeting services, using the DAA here.
European Interactive Advertising Digital Alliance (EDAA) - You can learn more about online advertising and opt out at the Your Online Choices website.
For mobile devices, please read your operating system's instructions for complete instructions.
For iOS 14.5 or Higher: Go to your Settings > Select Privacy > Select Tracking > Disable the "Allow Apps to Request to Track" setting
For Android devices with OS 2.2 or higher and Google Play Services version 4.0 or higher: Open your Google Settings app > Ads > Enable "Opt out of interest-based advertising"
See the NAI guide to mobile device options for ad preferences
8. RIGHTS
Depending on your residence or location you may have certain rights related to the collection and use of your personal information/data.
8.1 EEA Residents
If our processing of your personal data is covered by European data protection law, you typically have certain rights, including:
Access & Rectification - You can access and review personal data associated with your account at any time by following instructions in 7(A)(above). You may also issue a data subject rights request to access the personal data we hold about you. You may also request rectification or correction of inaccurate and incomplete records of your personal data.
Restriction & Erasure - In certain situations, you can ask that we stop using your data, for instance, if accuracy of your personal data is contested. You may also ask us to delete your personal data, however we may be required to keep certain data to comply with legal obligations, such as local tax regulations. Deactivation must be completed in order to delete an account (and the personal data associated with it).
Portability - In certain situations, you may ask us to transfer your personal data directly to you. On your request, and where feasible, we will transfer your personal information to another party that you select.
Objection - In certain situations, you may have a right to object to the processing of your personal data. The reason(s) for an objection must relate to your particular circumstances, such as processing of your personal data for direct marketing purposes.
Consent Withdrawal - Where you provided your consent to process your personal information, you always have the right to withdraw that consent at any time. Withdrawing consent will not affect the lawfulness of processing prior to the withdrawal.
Complaints - You have a right to raise questions or complaints with us as described below or with your local data protection authority at any time. See section 9 (below) for additional information.
8.2 California Residents
If you are a California resident, you may have certain rights. For more information, see our Supplemental Privacy Notice for California Residents.
8.3 Nevada Residents
Under Nevada law, certain Nevada consumers may opt out of the sale of "personally identifiable information" for monetary consideration to a person for that person to license or sell such information to additional persons. "Personally identifiable information" includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing [email protected]. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
9. PRIVACY COMPLAINTS
We are committed to resolving valid complaints about your privacy or our collection or use of your personal information. For questions or complaints regarding our data use practices or Privacy Policy, please contact us at [email protected].
10. CHILDREN'S PRIVACY
We do not knowingly collect or solicit "personal information" (as defined by the U.S. Children's Online Privacy Protection Act) from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].
For residents of the EU/EEA where processing of personal data is based on consent, we will not knowingly engage in that processing for users under the age of consent established by applicable member or data protection law. If we learn that we are engaged in that processing with such users, we will halt such processing and will take reasonable measures to promptly remove applicable information from our records.
If you are 13 or older, but have not reached your country's age of majority (i.e. able to enter a contract), you should use the Services with permission from your parent(s) or guardian(s).
11. DO NOT TRACK
Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications and services (including tailored advertising services) that you do not want your online activities tracked over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.
12. CONTACT INFORMATION
If you have any questions or concerns regarding this Privacy Policy or Wadaaa's use of your data, please send a detailed message to [email protected]. Other concerns, such as about an order placed, should be sent through standard support channels. You may also write to us at:
25600 Westheimer Parkway, Ste 110, Katy, TX, 77494
13. SUPPLEMENTAL PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
This Supplemental Privacy Notice is in addition to the information in our Privacy Policy above, and applies solely to California residents.
13.1 Summary of Information We Collect
California law requires us to disclose information regarding the categories of personal information that we have collected about California consumers, the categories of sources from which the information was collected, the business or commercial purposes (as those terms are defined by applicable law) for which the information was collected, and the categories of parties with whom we share personal information.
We or our service providers may collect the below categories of information for the following business or commercial purposes (as those terms are defined in applicable law):
Our or our service provider's operational purposes;
Auditing consumer interactions on our site (e.g., measuring ad impressions);
Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity;
Bug detection and error reporting;
Customizing content that we or our service providers display on the Services (e.g., contextual ads);
Providing the Services (e.g., account servicing and maintenance, order processing and fulfillment, customer service, advertising and marketing, analytics, and communication about the Services);
Improving our existing Services and developing new services (e.g., by conducting research to develop new products or features);
Other uses that advance our commercial or economic interests, such as third-party advertising and communicating with you about relevant offers from third-party partners;
Other uses about which we notify you.
Examples of these types of uses are identified below. We may also use the below categories of personal information for compliance with applicable laws and regulations, and we may combine the information we collect ("aggregate") or remove pieces of information ("de-identify") to limit or prevent identification of any particular user or device.
Category: Identifiers, such as: account information, name, email address, shipping address, phone number, or social network account and profile data.Categories of Sources
Individuals/You
Your use of our services/automatic collection
Agents/service providers
Affiliates
Third-parties
Merchants
Other users (e.g., when another user sends you an item as a gift)
Examples of Uses
Providing the Services, including operating a marketplace that allows merchants to list, and users to find and purchase, items
Process/fulfill orders
Fixing and improving the Services
Collecting/making payment
Personalizing content
Marketing and advertising
Communicating with you
Analyzing use of the Service
Support services
Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of the Services, breaches of terms and policies
Categories of Third-Parties With Which We May Share That Information
Service providers/Agents
Affiliates
Third-parties
Merchants (for order fulfillment)
Other users (where you publicly disclose the information)
Category: Commercial information (such as transaction data)Categories of Sources
Individuals/You
Your use of our services/automatic collection
Agents/service providers
Affiliates
Third-parties
Merchants
Examples of Uses
Providing the Services, including operating a marketplace that allows merchants to list, and users to find and purchase, items
Process/fulfill orders
Fixing and improving the Services
Collecting payment
Personalizing content
Marketing and advertising
Communicating with you
Analyzing use of the Service
Support services
Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of the Services, breaches of terms and policies.
Categories of Third-Parties With Which We May Share That Information
Service providers/Agents
Affiliates
Third-parties
Merchants (for order fulfillment)
Category: Financial data (such as payment method or financial account information)Categories of Sources
Individuals/You
Agents/service providers
Examples of Uses
Providing the Services, including operating a marketplace that allows merchants to list, and users to find and purchase, items
Collecting/making payment
Analyzing use of the Service
Support services
Categories of Third-Parties With Which We May Share That Information
Service providers/Agents
Third-parties
Category: Internet or other network or device activity (such as IP address, unique device, advertising, and app identifiers, browsing history or other usage data)Categories of Sources
Individuals/You
Your use of our services/automatic collection
Agents/service providers
Third-parties
Affiliates
Examples of Uses
Providing the Services, including operating a marketplace that allows merchants to list, and users to find and purchase, items
Fixing and improving the Services
Collecting payment
Personalizing content
Marketing and advertising
Communicating with you
Analyzing use of the Service
Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of the Services, breaches of terms and policies
Categories of Third-Parties With Which We May Share That Information
Service providers/Agents
Affiliates
Third-parties
Category: Location information (general location, and, if you provide permission, precise GPS location)Categories of Sources
Individuals/You
Your use of our services/automatic collection
Agents/service providers
Third-parties
Examples of Uses
Providing the Services, including operating a marketplace that allows merchants to list, and users to find and purchase, items
Fixing and improving the Services
Collecting payment
Personalizing content
Marketing and advertising
Communicating with you
Analyzing use of the Service
Finding local features and services
Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of the Services, breaches of terms and policies
Categories of Third-Parties With Which We May Share That Information
Service providers/Agents
Affiliates
Third-parties
Category: Other information that identifies or can be reasonably associated with you (such as user generated content)Categories of Sources
Individuals/You
Your use of our services/automatic collection
Agents/service providers
Affiliates
Third-parties
Examples of Uses
Providing the Services, including operating a marketplace that allows merchants to list, and users to find and purchase, items
Fixing and improving the Services
Collecting payment
Personalizing content
Marketing and advertising
Communicating with you
Analyzing use of the Service
Preventing, detecting, investigating, and responding to fraud, unauthorized access/use of the Services, breaches of terms and policies
Categories of Third-Parties With Which We May Share That Information
Service providers/Agents
Affiliates
Third-parties
Merchants (where you publicly disclose the information)
Other users (where you publicly disclose the information)
13.2 Rights
If you are a California resident, you may have certain rights. California law may permit you to request that we:
Provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third-parties with whom we shared personal information.
Provide access to and/or a copy of certain information we hold about you.
Delete certain information we have about you.
You may have the right to receive information about the financial incentives that we offer to you. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide the Services to you. If you ask us to delete it, you may no longer be able to access or use the Services.
For more information about how to access, review, and correct your account information; opt of out certain marketing, advertising, location collection, and cookies; and deactivate your account, see Section 7 of this Privacy Policy (above).
If you would like to exercise any of your California consumer rights, please submit a request at [email protected] or visit the Wadaaa site or app, where you can select Customer Support. From there, follow the relevant prompts to submit a message directly to our support team. You will be required to verify your identify before we fulfill your request. To do so, you will typically need to demonstrate control of the relevant account and show California residence. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.
13.3 California Shine the Light
If you are a California resident, you may ask for a list of third-parties that have received your information for direct marketing purposes during the previous calendar year. This list also contains the types of information shared. We provide this list at no cost. To make such a request, contact us at [email protected].
14. SUPPLEMENTAL PRIVACY NOTICE FOR SOUTH KOREAN RESIDENTS
This Supplemental Privacy Notice is in addition to the information in our Privacy Policy above, and applies solely to residents of South Korea.
14.1 Process and method of destruction of personal information
When destroying personal information, we take commercially reasonable and technically feasible measures to make the personal information irrecoverable or irreproducible. Electronic documents or files containing personal information will permanently be deleted using a technical method that makes recovery or retrieval of such information impossible. Non-electronic documents or files containing personal information will be shredded or incinerated. In case any personal information is required to be retained for a period beyond the period of retention and use as prescribed by applicable law, to the extent technically possible, such information will be stored or maintained separately from other items of personal information.
Refunds & Returns
Many items are eligible for a refund within:
Exceptions
Some items have exceptions. See the Exceptions section below to learn more about which items are treated differently and how.
Damaged, defective, or incorrect item received
If an item arrives and it’s defective, damaged, or incorrect (even if it has an exception), it is eligible for a refund and may need to be returned.
The Standard Returns Process
If the item isn’t subject to an exception, you must request your refund within 15 days of delivery of the item. If your item doesn’t arrive by the maximum delivery date, you must request your refund within 15 days of the maximum delivery date.
In certain cases, such as defective, damaged, or incorrect items, you may be required to provide evidence of the issue, such as a photo. In other cases, such as with higher value items (including a high-value item that is incorrect or arrived defective or damaged), you may be required to return the item to receive a refund.
If you are required to return an item, you may be responsible for paying the return shipping costs.
Depending on your financial institution, refunds can take up to 14 days to be credited to your original payment method.
Refunds are processed within 48 hours of the request if a return is not required. If a return is required, the refund will be processed once the item has been returned to the applicable destination (e.g. merchant or returns center) and is confirmed to be in good condition.
Cancellations
Orders begin processing shortly after they’ve been placed, so there is a short period where your order can be cancelled successfully via Customer Support. If the cancellation period has passed, you can always return your order for a full refund.
Refund Exceptions
Perishables - If the item you order is perishable, it is not eligible for return or refund in most cases.
Excluded Items - Certain Health & Hygiene Items (e.g. skin lotion, toothpaste) or electronic media such as software are not eligible for return or refund if the seal is broken (i.e it has been opened).
Services - If you purchase services from a local provider, your ability to obtain a refund is subject to the provider’s policies.
Wadaaa Local Return & Refund Policies
Pickup Now Items
Some of the items available for pickup are sold by the operators of the shops that also serve as pickup locations. These items cannot be refunded without a return. They must be returned to the pickup location and returns must be completed within 7 days. Check the product detail page and order history to determine which items are subject to these return rules.
Ship to Store ItemsIf you choose to ship items to a pickup location these special refund rules apply:
If the item was delivered on time, shipping fees are not eligible for a refund.
Items not picked up will be subject to restocking fees of up to 80%.
Wadaaa offers this policy in addition to any rights and remedies you may have with Wadaaa merchants under applicable law.
Taxes
The rules and obligations regarding VAT/GST and Sales Taxes on importation of goods from remote sellers or via e-commerce marketplace platforms vary from country to country and between the states in the U.S.
When you buy goods from a seller or merchant on our marketplace and it is shipped to your location, the goods may be subject to your local VAT/GST or sales taxes.
The amount of the applicable VAT/GST or sales taxes (if any) depends on your ship to location (e.g. country or U.S. state).
Obligation for Wadaaa to collect and remit indirect taxes
As a marketplace platform, Wadaaa has the obligation in some countries and U.S. states to collect VAT/GST or sales taxes on transactions placed on Wadaaa.
As of August 1, 2021, Wadaaa is currently collecting VAT/GST and sales taxes in the following countries/U.S. states:
Colorado (excluding Colorado home rule city sales and use tax for home rule municipalities not listed below) and the following home rule municipalities within Colorado. Additional cities will be added to the below list at a later date in compliance with the local tax laws and regulations:
Canadian Provinces/TerritoriesWadaaa is collecting and remitting provincial sales tax (PST) in the below-listed Canadian provinces. Merchants are still responsible for collecting and remitting GST for this province:
Jurisdictions where Wadaaa is not required to collect and remit taxes
Other than the jurisdictions listed above where Wadaaa will collect and remit the VAT/GST and sales taxes as a marketplace facilitator, the merchants who make sales through the Wadaaa marketplace may have an obligation to collect and remit transaction taxes based on their particular facts and circumstances.
For those jurisdictions where Wadaaa is not currently required to collect indirect taxes on behalf of merchants, Wadaaa offers (on a voluntary basis) merchants the ability to use the Wadaaa Tax Settings and therefore allow Wadaaa to collect VAT/GST or sales taxes in countries and U.S. states where Wadaaa is registered.[1] [2] If a merchant signs up for this service, indirect taxes will be collected by Wadaaa and remitted to the merchant for onward remittance to the applicable tax authority.
In cases where indirect taxes are not charged and collected on the Wadaaa marketplace, the end user may be liable for indirect taxes as set forth in the Terms of Service.
UK VAT collection
From January 1, 2021, Wadaaa will be responsible for collecting UK VAT on sales of goods delivered to UK consumers where goods are delivered from outside the UK with shipment value of up to and including GBP 135 or goods are shipped from the UK where the selling party is not established in the UK.
In general, if any of the two supplies take place, Wadaaa will calculate and collect VAT from the consumer at checkout and remit it to the UK tax authorities.
When the consignment is shipped from outside the UK and the value of the UK end user's purchase is >GBP135, the UK end user is liable to pay any VAT and customs duties on the purchase. To facilitate delivery of the purchase, these charges have been included in the purchase price so the VAT and customs duties can be paid for on the UK end user's behalf by a freight forwarding agent designated by Wadaaa or the merchant. When a UK end user purchases an item, they agree to the freight forwarding agent acting on their behalf. See here for more details.
From July 1, 2021, Wadaaa will be required to collect EU VAT on sales of goods delivered to consumers located in the 27 EU Member States where goods are delivered from outside the EU with a consignment value of less than or equal to EUR 150 OR goods are shipped from the EU where the selling party is not established in the EU.
In general, if any of the aforementioned supplies take place, Wadaaa will calculate and collect VAT from the customer at checkout and remit it to the tax authorities.[3]
When goods are shipped from outside the EU and the consignment value of the EU customer’s purchase is greater than EUR 150, the EU customer is liable to pay any VAT and customs duties on the purchase. To facilitate delivery of the purchase, these charges are included in the purchase price so the VAT and customs duties can be remitted by the merchant. See[4] here for more details when buying goods online delivered from outside the EU. See [5] here for more details when buying goods online delivered from within the EU.
PLEASE NOTE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES DISPUTES FOR USERS IN THE U.S. AND CERTAIN OTHER COUNTRIES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE "ARBITRATION AND CLASS WAIVER" SECTION. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Terms of Use
November 24, 2021
Thanks for using Wadaaa or another one of our other marketplace apps or services! These Terms of Use ("Terms") contain the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). Please read the Terms carefully, and if you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at [email protected], or at 25600 Westheimer Parkway Katy TX, 77494
These Terms of Use (the "Terms") are a binding contract between you and the applicable Wadaaa entity as described below in Section 1.2. You must agree to and accept all of the Terms, or you can't use the Services. By using the Services, whether by registering for an account, using our apps, making a purchase, or otherwise, you agree to be bound by these Terms, our Privacy Policy, and our [1] Copyright Dispute Policy. If you have a merchant account, your use of the Services is also governed by the Merchant Terms of Service and Agreement. If there is a conflict between the Merchant Terms and these Terms, the Merchant Terms shall control to the extent of the conflict.
Table of Contents
1. Parties
2. Services
3. User Requirements
4. Rules and Restrictions
5. Privacy
6. Communications
7. User Submissions
8. Ratings, Reviews and Other User Feedback
9. Content; License
10. Copyright
11. Responsibilities
12. Changes to the Services
13. Costs and Fees
14. Purchases; Pricing
15. Refunds, Exchanges and Related
16. Rewards, Credits and Wadaaa Cash
17. Ending Our Relationship
18. iOS Apps & Special Terms
19. Changes to Terms
20. WARRANTY DISCLAIMER. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.
21. LIMITATION OF LIABILITY
22. Indemnity
23. General
24. ARBITRATION
1. Parties
1.1 Wadaaa Inc. and its corporate affiliates: (i) operate online marketplaces, that may be available as native apps for operating systems like Android or iOS, or on standard or mobile web; (ii) develop and provide other services and products. In this policy we refer to Wadaaa and its corporate affiliates as "Wadaaa" or "we" or "us." We refer to end users as "you" and the entities that list and sell products and services as "Merchant(s)."
1.2 Your location determines the Wadaaa entity with whom you have a contract:
If your habitual residence is in the EEA, you contract with Wadaaa B.V., a Dutch company and the applicable terms are here.
If your habitual residence is in Australia, you are contracting with Wadaaa Australia PT Ltd, an Australian company, and the applicable terms are here.
If your habitual residence is in India, you contract with Wadaaa Information Technology India Private Limited and the applicable terms are here.
If your habitual residence is in Canada, you are contracting with Wadaaa Canada Inc., a Canadian company, and these Terms govern your use of the Services.
If your habitual residence is not in Australia, Canada, the EEA, or India, you are contracting with Wadaaa Inc., a U.S. company, and these Terms govern your use of the Services.[2] [3] [4]
The Wadaaa entity you contract with may change as we expand our business.
1.3 The Marketplace Apps allow sellers ("Merchants") to set up stores that list and sell products and services (“Products”) to end users. When you purchase a Product, the contract for sale is solely between you and the Merchant. That means that when you purchase a Product on Wadaaa or another Marketplace App, your transaction is with the Merchant who listed the Product and the Merchant is responsible for fulfilling your order. Wadaaa provides the technology platform for the Marketplace Apps and acts as a payment collection agent for the Merchant solely for the limited purpose of accepting funds from you, on behalf of the Merchant, upon your purchase of a Product from the Merchant via a Marketplace App.
2. Services
2.1 Wadaaa operates marketplaces that allow Merchants and users to share information and complete purchases. Merchants are responsible for their stores, their Products, their Product listings (including any original or strike-through prices), and fulfillment of your order. Merchants may be located in your country or region or elsewhere. If they are located elsewhere, this may have an effect on taxes, customs or the applicability of consumer protection rules.
2.2 Although we are not a party to the contract formed between you and a Merchant when you purchase Products sold by Merchants, we may, in relation to providing our Services or in relation to our role as a limited payment collection agent for Merchant, assist with payment processing, returns, refunds, and other customer service. Wadaaa does not guarantee: (i) the existence, quality, safety, suitability, or legality of Merchant Products or Product listings; (ii) the truth or accuracy of any Product listings, descriptions, or other content provided by Merchants; (iii) the truth or accuracy of ratings, reviews, or other User Submissions; or (iv) the performance or conduct of Merchants or other third parties. Except where we clearly indicate otherwise, Wadaaa does not endorse any Merchant, store, Product, or Product listing. Please read all labels, warnings, and directions provided with a purchased Product before using or receiving it, and consider doing your own research prior to making a purchase.
2.3 You acknowledge and agree that Wadaaa acts as the Merchant’s payment collection agent solely for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of funds to us, your payment obligation to the Merchant for the agreed-upon amount is extinguished, and Wadaaa is responsible for remitting the funds to the Merchant in the manner described in the [5] Merchant Terms of Service and Agreement, which constitutes Wadaaa’s agreement with the Merchant. In the event that Wadaaa does not remit any such amounts, the Merchant will have recourse only against Wadaaa and not you directly.
2.4 Please check all details and any restrictions regarding each Product thoroughly before you place your order with a Merchant. With regard to any requests for services, please note that it is solely your responsibility (or the responsibility of the person receiving the services) to inform the Merchant of any medical or health conditions and/or special needs that may affect or be affected by the services (including, but not limited to, information regarding allergies and health problems).
3. User Requirements
3.1 In order to use the Services, you must be 13 years old or older (or the age of consent set by applicable law) and be of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). Products for children's use may be sold by Merchants; however, these Products are intended for sale to adults. Certain Products may be intended for individuals of certain ages or "mature audiences" only. By ordering such Products, you certify that you are old enough to view, use, own, or receive them. Wadaaa has no liability to you for third-party content that you find to be offensive, indecent, or objectionable.
3.2 You are not permitted to use the Services if: (a) you cannot enter into a binding contract with Wadaaa; (b) you are located in a country embargoed by the United States or if you are on a U.S. Agency list of prohibited persons or entities, such as the Treasury Department's list of Specially Designated Nationals; or (c) you have previously been banned from using any of our Services, unless we have reversed that ban, in our sole discretion.
3.3 You may be required to create an account, and select a password and username. You promise to provide us with accurate, complete, and updated registration information about yourself, including contact information. If you make any changes to your contact information, you must update us immediately at the address provided in Section 23.7, below. You may not select as your user name a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
3.4 The Marketplace Apps may allow you to sign in using a social network account and its credentials. The settings on the Marketplace App and the social network may allow certain activity to be published.
4. Rules and Restrictions
4.1 You agree to use the Services for your own internal and personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms, applicable marketplace policies, and all laws that apply to you. If your use of the Services (including the purchase of any Product on the Services) is prohibited by any applicable laws, then you aren't authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.
4.2 You will not share your account or password with anyone, and you must protect the security of your account and your password. You must notify Wadaaa immediately of any unauthorized use of your password or any other breach of the security of your account. You are responsible for all activity associated with your account.
4.3 You must not create multiple accounts and you must not let others use your account.
4.4 Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through the Services may be governed by rules that are separate from these Terms of Use. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will govern.
4.5 When accessing or using the Services, you agree to:
Abide by all laws, rules, regulations, these Terms, and all Wadaaa policies;
Only purchase Products you are legally able to purchase in your jurisdiction;
Only use (or attempt to use) the Services through interfaces provided by Wadaaa; and
Comply with the instructions in any robots.txt file present on the Services.
4.6 When accessing or using the Services, you agree not to:
Infringe or violate the intellectual property rights or any other rights of anyone else, including Wadaaa;
Violate these Terms, Wadaaa policies, or any law or regulation, including any applicable export control laws;
Engage in activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Circumvent any terms, policies or rules set forth on the Services including those relating to any promotion, contest, or program on the Services;
Collect personal data from users of the Services or use any such information found on the Services;
Engage in activity that jeopardizes the security of your account or anyone else's (such as allowing someone else to log in to the Services as you);
Attempt, in any manner, to obtain another user’s password, account, or other security information;
Use a third party's credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or your affiliation with any person or entity;
Violate the security of any computer network, or crack any passwords or security encryption codes;
Run a Maillist, Listserv, or any form of auto-responder or "spam" on the Services, any process that runs or is activated while you are not logged into the Services, or any process that otherwise interferes with the proper functioning of the Services (including by placing an unreasonable load on the Services' infrastructure);
"Crawl," "scrape," or "spider" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copy or store any significant portion of the Content;
Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;
Attempt to buy any Prohibited Products;
Abuse any promotions, discounts, or other benefits offered by Wadaaa or Merchants, including farming or harvesting of discounts or promotion codes;
Schedule, request, or otherwise solicit services from a Merchant where you do not intend to follow through with the receipt of, or payment for, such services, or where you do not meet the Merchant’s requirements as stated in the service description; or
Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything prohibited in this list, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
In addition to any other remedies available to us, including without limitation monetary and nonmonetary damages, a violation of any of the foregoing is grounds for: adjustment of prices/amounts due; cancellation of one or more purchases; and/or suspension or termination of your right to access or use the Services.
5. Privacy
5.1 Our Privacy Policy provides information about how we collect, use, and disclose your personal information. By installing our apps, creating an account, viewing Products, making a purchase, or otherwise using the Services, you acknowledge that we will collect, use, and disclose your personal information as described in our Privacy Policy.
5.2 Your purchases are fulfilled by Merchants. In order to fulfill your purchases, Merchants need information about you, such as your mailing address. Merchants may be located in your country or region or elsewhere. You acknowledge that when you make a purchase, Wadaaa treats it as a request from you to share your information (including your name, street address, and phone number) with the relevant Merchant to, for example facilitate shipping or the provision of Products to you, and that such sharing may cause a transfer of personal data from one region to another.
5.3 You acknowledge and agree that Wadaaa may access, preserve, and disclose your account or user information (if such information exists) as described in our Privacy Policy, including without limitation, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Wadaaa, its users, or the public.
6. Communications
6.1 Wadaaa may communicate with you using email or autodialed or prerecorded calls and text messages, at any telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you.
6.2 If you would like to receive marketing via mobile texts and alerts, you may sign up to do so, including on a checkout page for purchasing a Product in the Marketplace Apps. By signing up, you provide your consent to receive recurring autodialed marketing texts or other mobile messages from or on behalf of us at the mobile number you've provided. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to be removed from the Wadaaa marketing text list, you can follow the instructions provided in those messages or reply STOP to any Wadaaa sms/text. If you have any questions, you may reply HELP to Wadaaa sms/text alerts or contact customer care at [email protected].
6.3 Wadaaa may route communications with you through a third-party service provider, and we or the service provider may record or monitor telephone conversations you have with Wadaaa or its agents for quality control and training purposes, or for our own protection. You consent to such recording and monitoring. Wadaaa may also track communications between you and Merchants (using a service provider or through other methods) so that Wadaaa and the Merchants can access certain details about your communications with Wadaaa or Merchants. As part of this process, Wadaaa and the service provider will receive and store data about your communication, including the date and time of the communication, your contact information, and the content of the communication. You consent to these practices by Wadaaa and the service provider. The information is subject to our Privacy Policy.
7. User Submissions
7.1 Anything you post, upload, share, store, or otherwise provide through the Services is a "User Submission." User Submissions may include suggestions, comments, ideas, improvements, or other feedback or materials, and may be viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions.
7.2 For all User Submissions, you hereby grant Wadaaa a royalty-free, perpetual, non-exclusive, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify (e.g. for technical purposes, such as making sure your submission is viewable on an iPhone as well as a computer), create derivative works, perform, distribute, translate, or otherwise act with respect to such User Submissions as we determine is necessary to operate, market, and advertise the Services, including to present, display, or perform such User Submissions in accordance with your preferences.
7.3 If you choose to submit a User Submission, Wadaaa will consider such Submission to be non-confidential and non-proprietary. Wadaaa shall have no obligations concerning the User Submission, and Wadaaa will be free to use, disclose, reproduce, modify, license, transfer, and otherwise distribute and exploit the User Submissions in any manner, without any restriction or compensation to you.
8. Ratings, Reviews and Other User Feedback
8.1 Ratings, reviews, photos, videos, and other content about Products, Merchants, and stores ("Feedback") generated by users on our Services are User Submissions that are not endorsed by Wadaaa and do not represent the views of Wadaaa. Wadaaa does not assume liability for Feedback or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree to: (i) base any rating or review you post only on your firsthand experience with the applicable Merchant or Product; (ii) not provide a rating or review for any Merchant or Product with respect to which you have a competitive, ownership, or other economic interest, employment relationship, or other affiliation; (iii) prominently indicate if your review was sponsored or paid for in any way; and (iv) ensure your review complies with these Terms. We reserve the right to exclude Feedback for any reason or no reason, without notice to you. For example, we may exclude Feedback if we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews.
8.2 You agree that if you participate in a Wadaaa community or group and get special access to features or Products or receive free Products directly from Wadaaa, and you want to post publicly about those free Products and your experiences with them, then you must comply with the Wadaaa Endorsement Guidelines, including without limitation that you shall: (a) write honestly about your actual experience with the Product; and (b) disclose all material information, such as (where applicable) that you received the Product for free.
9. Content; License
9.1 Materials displayed, performed, or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, Feedback (all of the foregoing, the "Content") may be protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell ,or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's rights (including Wadaaa's).
9.2 Wadaaa and the W logo are trademarks of Wadaaa Inc., in the process of registered in the U.S. Patent and Trademark Office and in other countries. All rights reserved.[6] [7] [8] [9]
9.3 You understand that Wadaaa owns or licenses the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services, except as expressly provided in this section 9.
9.4 Subject to your compliance with these Terms and all applicable policies, rules, and guidelines, and your payment of any applicable fees, Wadaaa or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. All rights not expressly granted to you in these Terms or any policies or guidelines are reserved and retained by Wadaaa or its licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted by Wadaaa terminate if you do not comply with these Terms or any applicable policies, rules, or guidelines.
10. Copyright
10.1 We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content.
11. Responsibilities
11.1 Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated. You access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your having acquired or not acquired Content through the Services. We cannot guarantee the identity of any user with whom you interact while using the Services and are not responsible for which users gain access to the Services.
11.2 You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
11.3 The Services may contain links or connections to third-party websites or services that are not owned or controlled by Wadaaa. When you access third party websites or use third-party services, you accept that there are risks in doing so, and that Wadaaa is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.
11.4 Wadaaa has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Wadaaa will not and cannot monitor, verify, censor, or edit the content of any third-party website or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
11.5 Your interactions with organizations and/or individuals found on or through the Services, including communications, payment, performance, and delivery of Products, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. You agree to take reasonable precautions in all communications and interactions with these third parties and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person to receive Products from a Merchant. You agree that Wadaaa will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
11.6 If there is a dispute between participants on this site, or between users and any third party, you agree that Wadaaa is under no obligation to become involved. In the event that you have a dispute with one or more other users, including a Merchant, you release Wadaaa, its officers, employees, agents, and successors from all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
IF YOU ARE A CALIFORNIA RESIDENT YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.
12. Changes to the Services
12.1 We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
13. Costs and Fees
13.1 It is currently free to access and browse the Marketplace Apps and sites and other aspects of the Services. However, you may choose to purchase Products through the Services, and you alone will be responsible for paying the purchase price of any such Products, in addition to any taxes and shipping costs, where applicable. We may cancel or limit quantities of Products purchased, and we reserve the right to refuse any order. In the event we need to make a change to an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. Prices are subject to change at any time. Due to separate and applicable tax jurisdictions, your purchases may be subject to specific sales, use, customs, or value-added taxes, and the shipping time and associated cost may increase accordingly. As tax rules evolve, Wadaaa may calculate and collect taxes applicable to some purchases. See our Tax Policy page for additional information.
13.2 Wadaaa reserves the right to require payment of fees for certain or all Services, in addition to the fees charged for the purchase of Products. You shall pay all such fees, as described on the website or Marketplace Apps in connection with such Services selected by you. Wadaaa reserves the right to change prices and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Services. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
14. Purchases; Pricing
14.1 You are responsible for reading the full Product listing before purchasing a Product. By confirming your purchase, you agree to pay all applicable fees, taxes, and other amounts associated with your use of the Services. Further, you acknowledge your responsibility for VAT and customs duties. You agree that, where applicable, you will act as the importer of the products purchased and you hereby authorize Wadaaa to appoint a freight forwarding agent to act as your direct representative and pay any VAT and customs duties on your behalf. Please note that VAT, customs duties, and similar charges collected at the time of purchase are estimated values and may be subject to change depending on local laws. If additional amounts are assessed, you are responsible for them. Wadaaa cannot be liable if a Product is delayed or denied customs clearance as a result of your failure to pay such amounts. For more information about VAT, customs duties, and the role of a freight forwarding agent, see our Tax Policy page. When a transaction is made pursuant to a shipping contract, the risk of loss and title for products pass to you upon delivery of the products to the carrier.
14.2 Wadaaa (and any third-party service providers that we may utilize) may charge you fees for purchases made through the Marketplace Apps and any applicable fees will be disclosed to you via the Marketplace Apps. You must timely pay all fees or amounts associated with your use of the Services, including for any purchases. YOUR PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN APPLICABLE POLICIES.
14.3 In order to make purchases, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. You must promptly update your account with any changes related to your payment method. BY PROVIDING INFORMATION FOR A PAYMENT METHOD, YOU AUTHORIZE Wadaaa OR ITS AGENTS OR PAYMENT SERVICE PROCESSORS TO CHARGE THE PAYMENT METHOD FOR: (A) AMOUNTS DUE FOR PURCHASED PRODUCTS; (B) ANY AND ALL APPLICABLE TAXES; AND (C) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES.
14.4 Each final price is determined by or based on a price supplied by the Merchant offering a Product for sale. Merchants provide the other information in the Product listings, including any reference or strike-through prices. Merchants are obligated to provide accurate information, but we have no way to guarantee the truth or accuracy of information in Product listings. Wadaaa does not represent, warrant, or guarantee that the Merchant actually offered or sold the Product at the strike-through price. You should not rely on the strike-through price in connection with making any decision to purchase. If comparison price is an important factor in your purchasing decision, you should do your own research and comparisons before making a purchase.
14.5 Pricing or availability errors may occur from time to time. Wadaaa reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice. Pricing for Products may be different in different apps or platforms that we operate and also vary based on other factors, including location, time, and purchase patterns.
15. Refunds, Exchanges and Related
15.1 We want you to be satisfied with your purchases on the Services. If you have a problem with an order or purchase, please contact us as described in the Refund & Returns Policy. You agree that: (i) Wadaaa may, in accordance with its Refund & Returns Policy, issue a refund to resolve any problems with your order, including the contents of a Product listing or the delivery, condition, performance, or quality; and (ii) if you Wadaaa to pursue any other remedy, you must seek that remedy directly from the applicable Merchant. If you accept a refund, your ability to seek another remedy from the applicable Merchant may be affected.
15.2 Except as described in the Refund & Returns Policy, Wadaaa cannot refund, reimburse, cover, or otherwise be responsible for any fees, including without limitation those not paid to Wadaaa, such as customs, taxes, or any return shipping costs you may incur in the refund process.
16. Rewards and Credits
16.1 Your account may contain rewards, credits,, or virtual currency in one of our other Marketplace Apps. These may be used for discounts on or payment for eligible purchases made on the Services (but note that not all Products may be eligible). Rewards, credits cannot be redeemed for cash, except in jurisdictions where required by law.
17. Ending Our Relationship
17.1 You're free to stop using the Services at any time. Any unpaid amounts you owe Wadaaa (for our fees) or Merchants (for Products purchased) will remain due. Wadaaa is also free to terminate, or suspend access to, your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Wadaaa has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Even after your right to use the Services is terminated, these Terms will remain enforceable against you and unpaid amounts you owe to Wadaaa (for our fees) or Merchants (for Products purchased) will remain due.
17.2 Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
17.3 Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: (i) any obligation you have to pay us or indemnify us; (ii) any limitations on our liability; (iii) any terms regarding ownership or intellectual property rights; and (iv) any terms regarding arbitration and class action waiver.
18. iOS Apps & Special Terms
18.1 If you access or use a Marketplace App on an Apple device or operating system, please review these additional iOS terms.
19. Changes to Terms
19.1 We're constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we make any material changes, we will attempt to bring it to your attention by placing a notice on the Services, by sending you an email, or by some other means. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
19.2 Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
20. WARRANTY DISCLAIMER. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.
20.1 NEITHER Wadaaa NOR ITS LICENSORS OR SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, INTELLECTUAL PROPERTY COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. WE (AND OUR LICENSORS AND SUPPLIERS) MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
20.2 USE OF THE SERVICES, AND PRODUCTS OFFERED AND PURCHASED ON THE SERVICES, IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES, PRODUCTS AND SERVICES OFFERED AND PURCHASED ON THE SERVICES, OR OTHER CONTENT ARE MADE AVAILABLE TO YOU IS ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OR ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Wadaaa EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
20.3 YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Wadaaa IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SERVICES.
20.4 IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
20.5 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
21. LIMITATION OF LIABILITY
21.1 NOTWITHSTANDING Wadaaa’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF MERCHANT SOLELY FOR THE PURPOSES OF COLLECTING PAYMENTS FROM USERS THROUGH THE MARKETPLACE APPS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Wadaaa (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR (B) YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY INABILITY TO ACCESS OR USE OR THE PURCHASE AND USE OF PRODUCTS OFFERED FOR SALE THROUGH THE SERVICES, EVEN IF Wadaaa, ITS SUPPLIERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.2 THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
21.3 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Wadaaa SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MERCHANT OR USER OF THE SERVICES.
21.4 UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT Wadaaa IS LIABLE TO YOU EXCEED THE GREATER OF (I) US $100.00 OR (II) THE AMOUNTS PAID BY YOU TO Wadaaa IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF Wadaaa FOR (1) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY Wadaaa'S GROSS NEGLIGENCE OR FOR (2) ANY INJURY CAUSED BY Wadaaa'S FRAUD OR FRAUDULENT MISREPRESENTATION.
21.5 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Wadaaa AND YOU.
21.6 WE DO NOT LIMIT OR EXCLUDE OUR LIABILITY WHERE OR TO THE EXTENT THAT IT WOULD BE UNLAWFUL. CERTAIN STATE OR NATIONAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE "GOVERNING LAW" SECTION OF THESE TERMS OF USE, THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
21.7 IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT'S "ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS." SIMILARLY, THIS SECTION DOES NOT LIMIT Wadaaa'S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM Wadaaa'S OWN INTENTIONAL OR RECKLESS CONDUCT.
22. Indemnity
22.1 To the fullest extent allowed by applicable law, you agree to indemnify and hold Wadaaa, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to any third-party claims relating to: (a) your use of the Services, including without limitation, User Submissions or any actions taken by a third party using your account; (b) your violation of these Terms; (c) your violation of any rights of another party, including without limitation any copyright, property, or privacy right or any third-party agreement; or (d) your violation of any applicable laws, rules, or regulations. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
22.2 Wadaaa reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wadaaa in asserting any available defenses. This provision does not require you to indemnify Wadaaa for any unconscionable commercial practice by Wadaaa or for Wadaaa's negligence, fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact. You agree that the provisions in this section will survive any termination of your account, these Terms, or your access to the Services, including the purchase of any Products on the Services.
22.3 Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Wadaaa and its affiliates, and its officers, agents, employees, and partners, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
23. General
23.1 Electronic Communications
You agree to receive communications from Wadaaa electronically, such as emails, texts, mobile push notices, and notices and messages on the Services, and to retain copies of these communications for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that Wadaaa provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing."
23.2 Assignment
You may not assign, delegate, or transfer these Terms, your rights or obligations hereunder, or your Services account in any way (by operation of law or otherwise) without Wadaaa's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
23.3 Force Majeure
Wadaaa shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
23.4 Choice of Law
These Terms and any dispute of any sort that might arise between you and Wadaaa will be interpreted in accordance with and governed by the law of the State of California and the United States of America, consistent with the Federal Arbitration Act, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction.
23.5 Exclusive Venue
Any claim or dispute that between you and Wadaaa that arises out of or is related to the Services and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in Fort Bend County, Texas and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Katy, Texas.
23.6 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
23.7 Notice
Where Wadaaa requires that you provide an email address, you are responsible for providing Wadaaa with your most current email address. In the event that the last e-mail address you provided to Wadaaa is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Wadaaa's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Wadaaa at the following address: Wadaaa Inc., 25600 Westheimer Parkway, Ste 110,Katy, TX, 77494. Such notice shall be deemed given when received by Wadaaa by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
23.8 Export Control
You may not use, export, import, or transfer the Services, including any Products purchased on the Services, except as authorized by U.S. law, the laws of the jurisdiction in which you used the Services or purchased Products on the Services, and any other applicable laws. In particular, but without limitation, the Services, including any products purchased on the Services, may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Services or purchasing Products on the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services nor the Products purchased on the Services for any purpose prohibited by U.S. law.
23.9 Consumer Complaints
In accordance with Texas Law, you may report complaints to the Texas Attorney General’s Office at https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint .
23.10 Entire Agreement
These Terms and all policies posted through our Services set forth the entire understanding and agreement between you and Wadaaa, and supersede all prior understandings and agreements of the parties. These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.
23.11 Waiver
Our failure to respond to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
23.12 Language of the Terms
If we provide a translated version of these Terms, Privacy Policy or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies.
23.13 Miscellaneous
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Wadaaa may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Subject to Section 24 (Arbitration), if any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Wadaaa, and you do not have any authority of any kind to bind Wadaaa in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Applications, you and Wadaaa agree there are no third-party beneficiaries intended under these Terms.
24. ARBITRATION
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH Wadaaa AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
YOU AND Wadaaa AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE MARKETPLACE APPS, ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE MARKETPLACE APPS, THESE TERMS, OR CONTENT (A "DISPUTE" AS DEFINED BELOW) SHALL BE RESOLVED ONLY BY: (A) FINAL AND BINDING, BILATERAL ARBITRATION, subject to the exceptions below; OR (B) IN A SMALL CLAIMS COURT.
You and Wadaaa agree that these Terms affect interstate commerce and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a dispute is subject to arbitration.
24.1 Disputes
"Disputes" shall include, but are not limited to, any claims or controversies between you and Wadaaa against each other related in any way to or arising out of in any way from the Service, the Content, User Submission (Public, Personal, and/or Limited Audience), including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Wadaaa, even if the claim arises after you or Wadaaa has terminated use of Services or a user account or these Terms. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) Wadaaa brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and Wadaaa, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you assented to these Terms or out of a prior set of Terms with Wadaaa; (e) are subject to ongoing litigation where you are not a party or a class member; and/or (f) arise after the termination of these Terms. Disputes does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and good faith negotiation requirement described below.
24.2 Binding Arbitration Process and Procedure
24.2.1 Except as provided herein, if we cannot resolve a Dispute informally, any Dispute will be resolved only by inding, bilateral arbitration before one or more neutral arbitrators in accordance with the terms of this Arbitration Agreement. You understand that by this Arbitration Agreement, you are giving up the right to a jury trial. You may, in arbitration, seek any and all remedies otherwise available to you in a court.
24.2.2 Unless you and Wadaaa agree otherwise, if the JAMS Consumer Arbitration Minimum Standards apply (the “Consumer Minimum Standards”), the arbitration shall be administered by JAMS and a hearing shall be held near or in the county in which you reside. For residents outside the United States and/or where the Consumer Minimum Standards do not apply, arbitration shall be initiated in Houston, Texas. Wadaaa and you further agree to submit to the personal jurisdiction of any state or federal court in Harris County, Texas to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
24.2.3 If either of us intends to seek arbitration, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Wadaaa should be sent to Wadaaa 25600 Westheimer Parkway, Ste 110, Katy, Tx, 77494. You may send a courtesy copy to Wadaaa, Attn: Legal Dept., 25600 Westheimer Partkway, Ste 110, Katy, Tx, 77494 (but this copy is only in addition to rather than instead of the letter to CSC). The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve our dispute within 30 days, either party may then proceed to file a claim for arbitration.
24.2.4 If your or Wadaaa’s claim is solely for monetary relief of US $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator.
24.2.5 Unless you and Wadaaa agree otherwise:
Disputes involving claims and counterclaims where the combined monetary demand and value of the relief sought is less than US $500,000, not inclusive of attorneys’ fees and interest, shall be decided by a single arbitrator, determined by Wadaaa;
24.2.6 The cost of arbitration shall be borne by the parties in accordance with the applicable determined by Wadaaa arbitrator’s Rules. To the extent permitted by law, an arbitrator may award costs and/or fees if the arbitrator finds the party’s claims, defenses, or other fee-generating activity to be frivolous or asserted or conducted for an improper purpose. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Wadaaa is specifically required to pay such fees under the determined by Wadaaa arbitrator’s Rules or applicable law.
24.2.8 You or Wadaaa may choose to pursue a claim in small claims court where: (a) jurisdiction and venue over you and Wadaaa otherwise qualifies for such small claims court; (b) such claim advances only on an individual (e.g. non-class, non-representative) basis; and (c) where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to provide Wadaaa with advance notice by email to [email protected] and by mail to Wadaaa, 25600 Westheimer Parkway, Ste 110, Katy, TX, 77494.
24.2.9 These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Wadaaa on your behalf.
24.3 WAIVER OF CLASS OR CONSOLIDATED ACTIONS.
24.3.1 Wadaaa and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Wadaaa and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party.
24.3.2 The arbitrator(s) cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise).
24.3.3 This Waiver of Class or Consolidated Actions section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Wadaaa, or any employee, officer, director, or investor of Wadaaa, and to any claims asserted by any of them against you, to the extent that any such claims is a dispute.
24.3.4 This Waiver of Class or Consolidated Actions Section shall survive any termination of your account or the Services.
24.4 Authority of Arbitrator
The arbitrator(s), and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator(s) will decide the rights and liabilities, if any, of you and Wadaaa. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator(s) shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator(s) shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including this Arbitration Agreement). The arbitrator(s) shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator(s) shall follow the applicable law. The arbitrator(s) has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator(s) is final and binding upon you and us, subject to the JAMS Optional Arbitration Appeal Procedures if applicable.
24.5 Waiver of Jury Trial
YOU AND Wadaaa HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO RESOLVE DISPUTES IN COURT (OTHER THAN SMALL CLAIMS COURT AS PERMITTED HEREIN) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Wadaaa are instead electing that all covered claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in above. An arbitrator can award on your individual claims the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
24.6 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out. Your notice must be sent via email to [email protected] and to: Wadaaa, Attn: Legal Department, RE: Opt-out Notice, 25600 Westheimer Parkway, Ste 110, Katy, TX, 77494., within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Marketplace App User ID (if any), the email address you used to set up your Marketplace App account (if you have one), your signature, and a clear statement that you want to opt out of this Arbitration Agreement. You can find your User ID in settings. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
24.7 Parents, Subsidiaries, Affiliates
This Arbitration Agreement will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Wadaaa, or any employee, officer, director, or investor of Wadaaa, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms (such as with respect to their validity or enforceability), the Services, any person's access to and/or use of the Services, and/or the provision of content, products, services, and/or technology on or through the Services.
24.8 Changes to This Section
24.8.1 Wadaaa will provide thirty(30) day' notice of any changes to this section by posting on the marketplace websites or apps, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty(30) day after they are posted on the applicable website or sent to you.
24.8.2 Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the sections entitled "Arbitration" and "Class Waiver" and the court or arbitrator shall apply the first Arbitration and Class Action Waiver sections in existence after you began using the Services.
24.9 Severability
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If, however, any court or arbitrator determines that the class action waiver set forth in section 24.3 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this section 24 shall be deemed null and void in its entirety.
24.10 Survival of Agreement
This Arbitration Agreement will survive the termination or expiration of these Terms or your relationship with Wadaaa.
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