Wengy App Terms & Conditions 28 Jan. 2023
Terms &
Conditions
By
accessing, the WENGY website, mobile or tablet application, or any other
feature or other WENGY platform (collectively “Our Website”) you agree to be
bound by these terms and conditions (“Terms”) and our Privacy Policy.
By
accessing, the WENGY website, mobile or tablet application, or any other
feature or other WENGY platform (collectively “Our Website”) you agree to be
bound by these terms and conditions (“Terms”) and our Privacy Policy. The
terms and conditions stated herein (collectively, the “Agreement”) constitute a
legal agreement between you and Wengy International Company LLC., a Bahrain
corporation (the “Company”). In order to use the Service (defined below) and
the associated Application (defined below) you must agree to the terms and
conditions that are set out below. By using or receiving any services supplied
to you by the Company (collectively, the “Service”), and downloading,
installing or using any associated application supplied by the Company which
purpose is to enable you to use the Service (collectively, the “Application”),
you hereby expressly acknowledge and agree to be bound by the terms and
conditions of the Agreement, and any future amendments and additions to this
Agreement as published from time to time at https://wengy.app/terms or
through the Service. The Company reserves the right to modify the terms
and conditions of this Agreement or its policies relating to the Service or
Application at any time, effective upon posting of an updated version of this
Agreement on the Service or Application. You are responsible for regularly
reviewing this Agreement. Continued use of the Service or Application after any
such changes shall constitute your consent to such changes.
These
terms require the use of arbitration (see “dispute resolution” below) on an
individual basis to resolve disputes, rather than jury trials or class actions,
and also limit the remedies available to you in the event of a dispute.
The
company does not provide any transportation services. a third-party service
provider provides any service in response to any service request made through
use of the application. the company offers information and a method to engage a
third party for such third party’s services, but does not and does not intend
to provide transportation services or act in any way as a service provider
other than with respect to providing such information and such method for
engaging a third party. the company has no responsibility or liability
for any services provided to you by such third parties.
KEY CONTENT-RELATED TERMS
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
REPRESENTATIONS AND
WARRANTIES
By using the Application or
Service, you expressly represent and warrant that you are legally entitled to
enter into this Agreement. If you reside in a jurisdiction that restricts the
use of the Service because of age or restricts the ability to enter into
agreements such as this one due to age, you must abide by such age limits and
you must not use the Application and Service. Without limiting the foregoing,
the Service and Application is not available to children (persons under the age
of 18). by using the application or service, you represent and warrant that you
are at least 18 years old. by using the application or the service, you
represent and warrant that you have the right, authority and capacity to enter
into this agreement and to abide by the terms and conditions of this Agreement.
Your use of the Service and/or Application is for your sole personal,
non-commercial use. You may not authorize others to use your user status or
credentials, and you may not assign or otherwise transfer your user account to
any other person or entity. When using the Application or Service you agree to
comply with all applicable laws from your home nation or the country, state and
city in which you are present while using the Application or Service. You may
only access the Service using authorized means. It is your responsibility to
check to ensure you download the correct Application for your device. The
Company is not liable if you do not have a compatible device or if you have
downloaded the wrong version of the Application for your device. The Company
reserves the right to terminate this Agreement if you use the Service or
Application with an incompatible or unauthorized device.
In order to use certain features of the
Application or Service, you must register for an account and provide certain
information about yourself as prompted by the account registration form.
You represent and warrant that: (a) all required registration information you
submit is truthful and accurate; (b) you will maintain the accuracy of such
information. You may delete your account at any time, for any reason, by
following the instructions on the Application or Service.
You are responsible for maintaining the
confidentiality of your account login information and are fully responsible for
all activities that occur under your account. You agree to immediately
notify Company of any unauthorized use, or suspected unauthorized use of your
account or any other breach of security. Company cannot and will not be liable
for any loss or damage arising from your failure to comply with the above
requirements.
By using the Application or the
Service, you agree that:
License grant, restrictions and
copyright policy licenses granted by company-to-company content and user
content.
Subject to your compliance with the
terms and conditions of this Agreement, Company grants you a limited,
non-exclusive, non-transferable license: (i) to view, download and print any
Company Content solely for your personal and non-commercial purposes; and (ii)
to view any User Content to which you are permitted access solely for your
personal and non-commercial purposes. You have no right to sublicense the
license rights granted in this section.
You will not use, copy, adapt, modify,
prepare derivative works based upon, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, stream, broadcast or otherwise
exploit the Service, Application or Collective Content, except as expressly
permitted in this Agreement. You shall not access the Application or Service in
order to build a similar or competitive website, product, or service or for any
commercial purpose. No licenses or rights are granted to you by
implication or otherwise under any intellectual property rights owned or
controlled by Company or its licensors, except for the licenses and rights
expressly granted in this Agreement.
LICENSE GRANTED BY USER
We
may, in our sole discretion, permit Users to post, upload, publish, submit or
transmit User Content. By making available any User Content on or through the
Service or Application, you hereby grant to Company a worldwide, irrevocable,
perpetual, non-exclusive, transferable, royalty-free license, with the right to
sublicense, to use, view, copy, adapt, modify, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, stream, broadcast and
otherwise exploit such User Content only on, through or by means of the Service
or Application. You agree and acknowledge that this license cannot be
terminated without the express written consent of Company once you have
submitted User Content on, through or by means of the Service or
Application. Company does not claim any ownership rights in any User
Content and nothing in this Agreement will be deemed to restrict any rights
that you may have to use and exploit any User Content. You acknowledge and
agree that you are solely responsible for all User Content that you make
available through the Service or Application. Accordingly, you represent and
warrant that: (i) you either are the sole and exclusive owner of all User
Content that you make available through the Service or Application or you have
all rights, licenses, consents and releases that are necessary to grant to
Company and to the rights in such User Content, as contemplated under this
Agreement; and (ii) neither the User Content nor your posting, uploading,
publication, submission or transmittal of the User Content or Company’s use of
the User Content (or any portion thereof) on, through or by means of the
Service or Application will infringe, misappropriate or violate a third party’s
patent, copyright, trademark, trade secret, moral rights or other intellectual
property rights, or rights of publicity or privacy, or result in the violation
of any applicable law or regulation or our Acceptable Use Policy. The
Company is not the publisher or speaker of User Content, or any other
information on the Websites provided by third party content providers, and the Company
is not liable for any claims related to such information.
COPYRIGHT POLICY
Company
respects the intellectual property of others and asks that Users do the
same. In connection with our application
or Service, we have adopted and implemented a policy respecting copyright law
that provides for the removal of any infringing materials and for the
termination, in appropriate circumstances, of accounts of Users who are repeat
infringers of intellectual property rights, including copyrights. If you believe that one of our Users is,
through the use of our application or Service, unlawfully infringing the
copyright(s) in a work, and wish to have the allegedly infringing material
removed, the following information in the form of a written notification must
be provided to our designated Copyright Agent:
1. your physical or electronic signature;
2. identification of the copyrighted
work(s) that you claim to have been infringed;
3. identification of the material on our
services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to
locate such material;
5. your address, telephone number, and
e-mail address;
6. a statement that you have a good faith
belief that use of the objectionable material is not authorized by the
copyright owner, its agent, or under the law; and
7. a statement that the information in the
notification is accurate, and under penalty of perjury, that you are either the
owner of the copyright that has allegedly been infringed or that you are
authorized to act on behalf of the copyright owner.
Please
note that, pursuant to any misrepresentation of material fact (falsities) in a
written notification automatically subjects the complaining party to liability
for any damages, costs and attorney’s fees incurred by us in connection with
the written notification and allegation of copyright infringement.
The
Copyright Company is:
Wengy
International Company LLC.
Head
office: Manama – Bahrain / N:4I Budling N15, Road N3801, Block N338
Tel.
No +973 33317176 wengy.app – [email protected]
APPLICATION LICENSE
Subject
to your compliance with this Agreement, Company grants you a limited
non-exclusive, non-transferable, non-sublicensable license to download and
install a copy of the Application on a single mobile device or computer that
you own or control and to run such copy of the Application solely for your own
personal, non-commercial use. Furthermore, with respect to any Application
accessed through or downloaded from the Apple App Store of the Google Play
Store (“App Store Sourced Application”), you will use the App Store Sourced
Application only: (i) on an Apple-branded product that runs iOS (Apple’s
proprietary operating system software) or any Android-branded product that runs
Android OS (Google’s proprietary mobile operating system software); and (ii) as
permitted by the “Usage Rules” set forth in the Apple App Store and Google Play
Terms of Service agreements. Company reserves all rights in and to the
Application not expressly granted to you under this Agreement.
ACCESSING AND DOWNLOADING THE APPLICATION FROM
ITUNES AND GOOGLE PLAY
You
acknowledge and agree that (i) this Agreement is concluded between you and Company
only, and not Apple or Google, and (ii) Company is solely responsible for the
App Store Sourced Application and content thereof. Your use of the App Store
Sourced Application must comply with the App Store Terms of Service. You
acknowledge that Apple and Google have no obligation whatsoever to furnish any
maintenance and support services with respect to the App Store Sourced
Application. In the event of any failure of the App Store Sourced
Application to conform to any applicable warranty, you may notify Apple or
Google, and Apple or Google will refund the purchase price for the App Store
Sourced Application to you and to the maximum extent permitted by applicable
law, Apple and Google will have no other warranty obligation whatsoever with
respect to the App Store Sourced Application. As between Company and Apple or
Google, any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be the sole
responsibility of Company. You and Company acknowledge that, as between
Company and Apple or Google, Apple and Google are not responsible for
addressing any claims you have or any claims of any third party relating to the
App Store Sourced Application or your possession and use of the App Store Sourced
Application, including, but not limited to: (i) product liability claims; (ii)
any claim that the App Store Sourced Application fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation. You and Company acknowledge
that, in the event of any third-party claim that the App Store Sourced
Application or your possession and use of that App Store Sourced Application
infringes that third party’s intellectual property rights, as between Company
and Apple or Google, Company, not Apple or Google, will be solely responsible
for the investigation, defence, settlement and discharge of any such
intellectual property infringement claim to the extent required by this
Agreement. You and Company acknowledge and agree that Apple and Google,
and their subsidiaries, are third party beneficiaries of this Agreement as
related to your license of the App Store Sourced Application, and that, upon
your acceptance of the terms and conditions of this Agreement, Apple and Google
will have the right (and will be deemed to have accepted the right) to enforce
this Agreement as related to your license of the App Store Sourced Application
against you as a third party beneficiary thereof.
Without
limiting any other terms of this Agreement, you must comply with all applicable
third-party terms of agreement when using the App Store Sourced Application.
You shall not (i) license,
sublicense, sell, resell, transfer, assign, distribute or otherwise
commercially exploit or make available to any third party the Service or the
Application in any way; (ii) modify or make derivative works based upon the
Service or the Application; (iii) create Internet “links” to the Service or
“frame” or “mirror” any Application on any other server or wireless or
Internet-based device; (iv) reverse engineer or access the Application in order
to (a) build a competitive product or service, (b) build a product using
similar ideas, features, functions or graphics of the Service or Application,
or (c) copy any ideas, features, functions or graphics of the Service or
Application; or (v) launch an automated program or script, including, but not
limited to, web spiders, web crawlers, web robots, web ants, web indexers,
bots, viruses or worms, or any program which may make multiple server requests
per second, or unduly burdens or hinders the operation and/or performance of
the Service or Application. You shall not: (i) send spam or otherwise
duplicative or unsolicited messages in violation of applicable laws; (ii) send
or store infringing, obscene, threatening, libellous, or otherwise unlawful or
tortious material, including material harmful to children, that promotes
racism, bigotry, hatred, or physical harm of any kind against any group or
individual or is otherwise objectionable or violative of third party privacy
rights; (iii) send or store material containing software viruses, worms, Trojan
horses or other harmful computer code, files, scripts, agents or programs; (iv)
interfere with or disrupt the integrity or performance of the Application or
Service or the data contained therein; (v) attempt to gain unauthorized access
to the Application or Service or its related systems or networks; or (vi) use
the Application or Service to harvest, collect, gather or assemble information
or data regarding other users, including e-mail addresses, without their
consent. Company will have the right to investigate and prosecute
violations of any of the above to the fullest extent of the law. Company may
involve and cooperate with law enforcement authorities in prosecuting users who
violate this Agreement. You acknowledge that Company has no obligation to
monitor your access to or use of the Service, Application or Collective Content
or to review or edit any Collective Content, but has the right to do so for the
purpose of operating the Service and Application, to ensure your compliance
with this Agreement, or to comply with applicable law or the order or
requirement of a court, administrative agency or other governmental body.
Company reserves the right, at any time and without prior notice, to remove or
disable access to any Collective Content that Company, at its sole discretion,
considers to be in violation of this Agreement or otherwise harmful to the
Service or Application.
PAYMENT TERMS
Any
fees that the Company may charge you for the Application or Service, are due
immediately and are non-refundable. This no refund policy shall apply at all
times regardless of your decision to terminate your usage, our decision to
terminate your usage, disruption caused to our Application or Service either
planned, accidental or intentional, or any reason whatsoever. The Company
reserves the right to determine final prevailing pricing – Please note the
pricing information published on the website may not reflect the prevailing
pricing.
The
Company, at its sole discretion, may make promotional offers with different
features and different rates to any of our customers. These promotional offers,
unless made to you, shall have no bearing whatsoever on your offer or contract.
The Company may change the fees for our Service or Application, as we deem
necessary for our business. We encourage you to check back at our website
periodically if you are interested about how we charge for the Service or
Application.
Any
rides booked through the Application can also be bound to each ride company's
Terms of Service.
INTELLECTUAL PROPERTY OWNERSHIP
The
Company alone (and its licensors, where applicable) shall own all right, title
and interest, including all related intellectual property rights, in and to the
Application and the Service and any suggestions, ideas, enhancement requests,
feedback, recommendations or other information provided by you or any other
party relating to the Application or the Service (“Feedback”). You hereby
assign to Company all rights in such Feedback and agree that Company shall have
the right to use and fully exploit such Feedback and related information in any
manner it deems appropriate. Company will treat any Feedback you provide
to Company as non-confidential and non-proprietary. You agree that you will not
submit to Company any information or ideas that you consider to be confidential
or proprietary. This Agreement is not a sale and does not convey to you any
rights of ownership in or related to the Application or the Service, or any
intellectual property rights owned by the Company. The Company name, the
Company logo, and the product names associated with the Application and Service
are trademarks of the Company or third parties, and no right or license is
granted hereby or by any course of dealing to use them.
THIRD PARTY INTERACTIONS
During
use of the Application and Service, you may enter into correspondence with,
purchase goods and/or services from, or participate in promotions of third-party
service providers, advertisers or sponsors showing their goods and/or services
through the Application or Service. Any such activity, and any terms,
conditions, warranties or representations associated with such activity, is
solely between you and the applicable third-party. The Company and its
licensors shall have no liability, obligation or responsibility for any such
correspondence, purchase, transaction or promotion between you and any such
third-party. The Company does not endorse any sites on the Internet that are
linked through the Service or Application, and in no event shall the Company or
its licensors be responsible for any content, products, services or other
materials on or available from such sites or third-party providers. The Company
provides the Application and Service to you pursuant to the terms and
conditions of this Agreement. You recognize, however, that certain third-party providers
of goods and/or services may require your agreement to additional or different
terms and conditions prior to your use of or access to such goods or services,
and the Company disclaims any and all responsibility or liability arising from
such agreements between you and any third-party providers. The Company may rely
on third party advertising and marketing supplied through the Application or
Service and other mechanisms to subsidize the Application or Service. By
agreeing to these terms and conditions you agree to receive such advertising
and marketing. The Company may compile and release information regarding you
and your use of the Application or Service on an anonymous basis as part of a
customer profile or similar report or analysis. You agree that it is your
responsibility to take reasonable precautions in all actions and interactions
with any third party you interact with through the Service.
INDEMNIFICATION
By
entering into this Agreement and using the Application or Service, you agree
that you shall defend, indemnify and hold the Company, its licensors and each
such party’s parent organizations, subsidiaries, affiliates, officers,
directors, Users, employees, attorneys and agents harmless from and against any
and all claims, costs, damages, losses, liabilities and expenses (including
attorneys’ fees and costs) arising out of or in connection with: (a) your
violation or breach of any term of this Agreement (including but not limited to
our Acceptable Use Policy) or any applicable law or regulation, whether or not
referenced herein; (b) your violation of any rights of any third party,
including providers of services arranged via the Service or Application, or (c)
your use or misuse of the Application or Service.
DISCLAIMER OF WARRANTIES
The
company makes no representation, warranty, or guaranty as to the reliability,
timeliness, quality, suitability, availability, accuracy or completeness of the
service or application. the company does not represent or warrant that (a) the
use of the service or application will be secure, timely, uninterrupted or
error-free or operate in combination with any other hardware, application,
system or data, (b) the service or application will meet your requirements or
expectations, (c) any stored data will be accurate or reliable, (d) the quality
of any products, services, information, or other material purchased or obtained
by you through the service will meet your requirements or expectations, (e)
errors or defects in the service or application will be corrected, or (f) the
service or the server(s) that make the service available are free of viruses or
other harmful components. the service and application is provided to you
strictly on an “as is” basis. all conditions, representations and warranties, whether
express, implied, statutory or otherwise, including, without limitation, any
implied warranty of merchantability, fitness for a particular purpose, or
non-infringement of third-party rights, are hereby disclaimed to the maximum
extent permitted by applicable law by the company. the company makes no
representation, warranty, or guaranty as to the reliability, safety,
timeliness, quality, suitability or availability of any services, products or
goods obtained by third parties through the use of the service or application.
you acknowledge and agree that the entire risk arising out of your use of the
application and service, and any third-party services or products remains
solely with you, to the maximum extent permitted by law.
INTERNET DELAYS
The
company’s service and application may be subject to limitations, delays, and
other problems inherent in the use of the internet and electronic
communications. the company is not responsible for any delays, delivery
failures, or other damage resulting from such problems.
LIMITATION OF LIABILITY
in
no event shall the company and/or its licensors be liable to anyone for any
indirect, punitive, special, exemplary, incidental, consequential or other
damages of any type or kind (including personal injury, loss of data, revenue,
profits, use or other economic advantage). the company and/or its licensors
shall not be liable for any loss, damage or injury which may be incurred by
you, including by not limited to loss, damage or injury arising out of, or in
any way connected with the service or application, including but not limited to
the use or inability to use the service or application, any reliance placed by
you on the completeness, accuracy or existence of any advertising, or as a
result of any relationship or transaction between you and any third party
service provider, advertiser or sponsor whose advertising appears on the
website or is referred by the service or application, even if the company
and/or its licensors have been previously advised of the possibility of such
damages. the company may introduce you to third party service providers for the
purposes of providing services. we will not assess the suitability, legality or
ability of any third-party service providers and you expressly waive and
release the company from any and all any liability, claims or damages arising
from or in any way related to the third-party service provider. you acknowledge
that third party service providers providing services requested through wengy
may offer various services and may not be professionally licensed or permitted.
the company will not be a party to disputes, negotiations of disputes between
you and any third-party service providers. we cannot and will not play any role
in managing payments between you and the third-party service providers.
responsibility for the decisions you make regarding services offered via the
application or service (with all its implications) rests solely with you. we
will not assess the suitability, legality or ability of any such third parties
and you expressly waive and release the company from any and all liability,
claims, causes of action, or damages arising from your use of the application
or service, or in any way related to the third parties introduced to you by the
application or service. you expressly waive and release any and all rights and
benefits under section of the civil code of the state of Bahrain (or any
analogous law of any other state), which reads as follows: “a general release
does not extend to claims which the creditor does not know or suspect to exist
in his favour at the time of executing the release, which, if known by him,
must have materially affected his settlement with the debtor. “The quality of
the services requested through the use of the service or application is
entirely the responsibility of the third-party service provider who ultimately
provides such services to you. you understand that by using the application and
the service, you may be exposed to a service that is potentially dangerous,
offensive, harmful to minors, unsafe or otherwise objectionable, and that you
use the application and the service at your own risk.
NOTICE
The
Company may give notice by means of a general notice on the Application or
Service, electronic mail to your email address on record in the Company’s
account information, or by written communication sent by first class mail or
pre-paid post to your address on record in the Company’s account information.
Such notice shall be deemed to have been given upon the expiration of 48 hours
after mailing or posting (if sent by first class mail or pre-paid post) or 12
hours after sending (if sent by email). You may give notice to the Company
(such notice shall be deemed given when received by the Company) at any time by
any of the following: letter delivered by nationally recognized overnight
delivery service or first-class postage prepaid mail to the Company at the
following addresses (whichever is appropriate): Wengy International Company
LLC.
Head
office: Manama – Bahrain / N:4I Budling N15, Road N3801, Block N338 Tel. No
+973 33317176 wengy.app [email protected]
ASSIGNMENT
This
Agreement may not be assigned by you without the prior written approval of the
Company but may be assigned without your consent by the Company to (i) a parent
or subsidiary, (ii) an acquirer of the Company’s assets, or (iii) a successor
in ownership of the Company by way of stock purchase, merger or similar
transaction. Any purported assignment in violation of this section shall be
void.
EXPORT CONTROL
You
agree to comply fully with all BAHRIAN and foreign export laws and regulations
to ensure that neither the Application nor any technical data related thereto
nor any direct product thereof is exported or re-exported directly or
indirectly in violation of, or used for any purposes prohibited by, such laws
and regulations. By using the App Store Sourced Application, you represent and
warrant that: (i) you are not located in a country that is subject to a Bahrain
Government embargo, or that has been designated by the Bahrain Government as a
“terrorist supporting” country; and (ii) you are not listed on any Bahrain
Government list of prohibited or restricted parties.
DISPUTE RESOLUTION
Please
read this Arbitration Agreement carefully. It is part of your contract with
Company and affects your rights. It contains procedures for mandatory
binding arbitration and a class action waiver.
Applicability of Arbitration Agreement
All
claims and disputes (excluding claims for injunctive or other equitable relief
as set forth below) in connection with this Agreement or the use of the
Application or Service that cannot be resolved informally or in small claims
court shall be resolved by binding arbitration on an individual basis under the
terms of this Arbitration Agreement. Unless otherwise agreed to, all
arbitration proceedings shall be held in English. This Arbitration Agreement
applies to you and the Company, and to any subsidiaries, affiliates, agents,
employees, predecessors in interest, successors, and assigns, as well as all
authorized or unauthorized users or beneficiaries of services or goods provided
under the Terms.
Notice Requirement and Informal Dispute Resolution
Before
either party may seek arbitration, the party must first send to the other party
a written Notice of Dispute (“Notice”) describing the nature and basis of the
claim or dispute, and the requested relief. A Notice to the Company
should be sent to: Wengy International Company LLC., 137 W 25th St, 11th Floor,
New York, New York 10001, addressed to the attention of: Chief Executive
Officer. After the Notice is received, you and the Company may attempt to
resolve the claim or dispute informally. If you and the Company do not resolve
the claim or dispute within thirty (30) days after the Notice is received,
either party may begin an arbitration proceeding. The amount of any
settlement offer made by any party may not be disclosed to the arbitrator until
after the arbitrator has determined the amount of the award, if any, to which
either party is entitled.
Arbitration Rules.
Arbitration
rules. Arbitration begins through the Bahrain Arbitration Society.
Additional Rules for Non-Appearance Based
Arbitration
If
non-appearance-based arbitration is elected, the arbitration shall be conducted
by telephone, online and/or based solely on written submissions; the specific
manner shall be chosen by the party initiating the arbitration. The
arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise agreed by the parties.
Time Limits
If
you or the Company pursue arbitration, the arbitration action must be initiated
and/or demanded within the statute of limitations (i.e., the legal deadline for
filing a claim) and within any deadline imposed under the BAHRIAN Rules for the
pertinent claim.
Authority of Arbitrator
If
arbitration is initiated, the arbitrator will decide the rights and
liabilities, if any, of you and the Company, and the dispute will not be
consolidated with any other matters or joined with any other cases or
parties. The arbitrator shall have the authority to grant motions
dispositive of all or part of any claim. The arbitrator 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 BAHRIAN Rules, and
the Terms. The arbitrator shall issue a written award and statement of
decision describing the essential findings and conclusions on which the award
is based, including the calculation of any damages awarded. The arbitrator 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 is final and binding
upon you and the Company.
Waiver of Jury Trial
The
parties hereby waive their constitutional and statutory rights to go to court
and have a trial in front of a judge or a jury, instead electing that all
claims and disputes shall be resolved by arbitration under this arbitration
agreement. arbitration procedures are typically more limited, more
efficient and less costly than rules applicable in a court and are subject to
very limited review by a court. in the event any litigation should arise
between you and the company in any state or federal court in a suit to vacate
or enforce an arbitration award or otherwise, you and the company waive all
rights to a jury trial, instead electing that the dispute be resolved by a
judge.
Waiver of Class or Consolidated Actions
All
claims and disputes within the scope of this arbitration agreement must be
arbitrated or litigated on an individual basis and not on a class basis, and
claims of more than one customer or user cannot be arbitrated or litigated
jointly or consolidated with those of any other customer or user.
Confidentiality
All
aspects of the arbitration proceeding, including but not limited to the award
of the arbitrator and compliance therewith, shall be strictly
confidential. The parties agree to maintain confidentiality unless
otherwise required by law. This paragraph shall not prevent a party from
submitting to a court of law any information necessary to enforce this
Agreement, to enforce an arbitration award, or to seek injunctive or equitable
relief.
Severability
If
any part or parts of this Arbitration Agreement are found under the law to be
invalid or unenforceable by a court of competent jurisdiction, then such
specific part or parts shall be of no force and effect and shall be severed and
the remainder of the Agreement shall continue in full force and effect.
Right to Waive
Any
or all of the rights and limitations set forth in this Arbitration Agreement
may be waived by the party against whom the claim is asserted. Such
waiver shall not waive or affect any other portion of this Arbitration
Agreement.
Survival of Agreement
This
Arbitration Agreement will survive the termination of your relationship with
Company.
Small Claims Court
Notwithstanding
the foregoing, either you or the Company may bring an individual action in
small claims court.
Emergency Equitable Relief
Notwithstanding
the foregoing, either party may seek emergency equitable relief before a state court
in order to maintain the status quo pending arbitration. A request for
interim measures shall not be deemed a waiver of any other rights or
obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration
Notwithstanding
the foregoing, claims of defamation, violation of the Computer Fraud and Abuse
Act, and infringement or misappropriation of the other party’s patent,
copyright, trademark or trade secrets shall not be subject to this Arbitration
Agreement.
Courts.
In any circumstances where the foregoing Arbitration Agreement permits the
parties to litigate in court, the parties hereby agree to submit to the
personal jurisdiction of the courts located within Bahrain such purpose.
CHANGES
Notwithstanding
the provisions of the modification-related provisions above, if Company changes
this “Dispute Resolution” section after the date you first accepted this
Agreement (or accepted any subsequent changes to this Agreement), you may
reject any such change by sending us written notice (including by email
to [email protected]) within 30
days of the date such change became effective, as indicated in the “Last
Updated Date” above or in the date of Company’s email to you notifying you of
such change. By rejecting any change, you are agreeing that you will arbitrate
any Dispute between you and Company in accordance with the provisions of this
“Dispute Resolution” section as of the date you first accepted this Agreement
(or accepted any subsequent changes to this Agreement).
GENERAL
No
joint venture, partnership, employment, or agency relationship exists between
you, the Company or any third-party provider as a result of this Agreement or
use of the Service or Application. If any provision of the Agreement is held to
be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced to the fullest extent under law. The failure of
the Company to enforce any right or provision in this Agreement shall not
constitute a waiver of such right or provision unless acknowledged and agreed
to by the Company in writing. This Agreement comprises the entire agreement
between you and the Company and supersedes all prior or contemporaneous
negotiations, discussions or agreements, whether written or oral, between the
parties regarding the subject matter contained herein.
WENGY APIs, DATA FEEDS & PRICE QUOTATIONS
Wengy
uses publicly available data via applications, the web, API’s or other means to
provide users with information from Uber, Lyft, Curb, and other rideshares,
bikeshare and car share providers. Wengy is not affiliated, partnered, endorsed
or sponsored by any of the above companies. Wengy does not guarantee the
accuracy of the pricing information provided due to ever changing market
conditions. The pricing provided is designed to provide a guide only. The user
must confirm exact pricing with the individual service provider when redirected
to their respective application. Wengy is not responsible for the user’s
interaction with any app it redirects to.
ELECTRONIC COMMUNICATIONS
The
communications between you and Company use electronic means, whether you use
the Application or Service or send us emails, or whether Company posts notices
on the Application or Service or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from Company in
an electronic form; and (b) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that Company provides to you
electronically satisfy any legal requirement that such communications would
satisfy if it were be in a hardcopy writing. The foregoing does not affect your
non-waivable rights.
ACCOUNT CONNECTING
Wengy
enables users to connect certain rideshare accounts including Uber and Lyft. By
linking accounts, the user grants permission for Wengy to access those accounts
to provide its users with pricing and other pertinent information. The user may
unlink accounts at any time and Wengy will no longer have access. Wengy will
never access accounts without user permission being granted. Wengy takes all
appropriate steps and follows established security protocols to protect user
information.
COPYRIGHT/TRADEMARK INFORMATION
Copyright
© 2022 Wengy International Company LLC. All rights reserved. All
trademarks, logos and service marks (“Marks”) displayed on the Application or
Service are our property or the property of other third parties. You are not
permitted to use these Marks without our prior written consent or the consent
of such third party which may own the Marks.
CONTACT
INFORMATION
Wengy International Company LLC.
Head office: Manama – Bahrain / N:4I
Building N15, Road N3801, Block N338
Tel. No +973 33317176 wengy.app – [email protected]