These Basic Transfer, Inc. (Wala) Terms of Service ("Terms of Service") govern your access to and use of the Wala mobile application provided by Basic Transfer, Inc., ("Wala "we," or "us") and the services made available through the App ("Services"). PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE APP OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE APP OR THE SERVICES. You may not use the App or Services, or accept these Terms of Service, if (a) you are not of legal age to form a binding contract with Wala; or (b) you are prohibited by law from receiving or using the Services.
Wala may change these Terms of Service from time to time at its sole discretion by posting notice of the change on the App, provided that if Wala makes any changes that materially alter the terms by which the Services are provided or these Terms of Service, Wala will also notify you by sending you an e-mail to the last e-mail address you provided to Wala in accordance with Section 3. Any changes to these Terms of Service will be effective immediately if you are a new user of the Services and will be effective thirty (30) calendar days after posting of notice of such changes on the App if you are an existing user, provided that, if you are an existing user, any changes that materially alter the terms by which the Services are provided or these Terms of Service shall be effective for you upon the earlier of thirty (30) calendar days following posting of notice of such changes on the App or thirty (30) calendar days after dispatch of an e-mail notice of such changes to you. Wala may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Services is permitted. If you do not agree to any change after receiving a notice of such change, you shall stop using the Services and terminate this Agreement as described below. Otherwise, your consent and continued use of the Services constitutes your acceptance of the changes. Please regularly check the App to view the then-current Terms of Service.
The Services enable you to earn non-monetary points in accordance with the Points Guidelines in FAQs if you perform certain activities related to your personal finances (e.g. tracking your spending or paying down your debt, as well as non-monetary actions, such as, financial education, inviting friends or completing your profile.) Subject to Section 13 below, you may use such points to enter Challenges promoted on the App.
2. Additional Terms
3. User Account
You must register for a user account ("Account") to access the Services. When you create an Account, you will be asked to select a unique username and create a password. We may require you to submit certain additional information to complete your registration. You represent and warrant that: (a) all registration information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Services does not violate any applicable law. Wala reserves the right to require you to change or update your username and password in Wala’s sole discretion from time to time. You are responsible for maintaining the confidentiality of your username and password, and are solely responsible for all activities that occur under your username. You agree (i) not to allow any third party to use your Account, username or password at any time and (ii) to notify Wala promptly of any actual or suspected unauthorized use of your Account, username or password, or any other breach or suspected breach of these Terms of Service. Wala reserves the right to terminate your username and password when Wala reasonably believes they may have been used by an unauthorized third party
The information, data, results, ideas, plans, sketches, texts, files, links, images, photos, video, sound, inventions (whether or not patentable), notes, works of authorship, articles, feedback, or other materials ("Content") available on the App (the "App Content") are protected by copyright laws throughout the world. The compilation of the App Content on the App is the exclusive property of Wala and its suppliers and is protected by U.S. and international copyright laws. Subject to the terms and conditions of these Terms of Service, Wala grants you a personal, limited, non-exclusive, non-transferable, and revocable license, during the Term (as defined in Section 18), to (i) access the Services for your personal, non-commercial use and (ii) view the App Content for your personal, non-commercial use. Wala and its suppliers reserve all rights not granted in these Terms of Service.
You agree that you will not:
· permit any third party to access and/or use the Service;
· access or attempt to access any other Wala systems, programs or data that are not made available for public use;
· rent, lease, loan, sell access to, or otherwise exploit for any commercial purpose the App, the App Content or Services; except as expressly permitted under these Terms of Service, copy, reproduce, republish, upload, post, transmit, resell, distribute or perform any App Content;
· interfere with, disrupt, alter, translate, or modify the App or Services or any part thereof;
· access or use the App or Services in any manner that could damage, disable, overburden or impair any Wala server or the networks connected to any Wala server (including, without limitation, any third party websites that are linked to via the Services);
· work around any technical limitations in the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services or decompile, disassemble, or otherwise reverse engineer the Services except as otherwise permitted by applicable law
· access the Services in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the App or Services, or (iii) copy any ideas, features, functions or graphics of the App or Services;
· introduce software or automated agents or scripts to the App or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the App or Services;
· perform or publish any performance or benchmark tests or analyses relating to the App or Services or the use thereof;
· remove any copyright or other proprietary notices on any App Content;
· frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Wala without Wala’s written consent;
· cover or obscure any page or part of the App, App Content, or Services via HTML/CSS, scripting, or any other means;
· use or access the App or Services other than as permitted under Section 4; or
· use, or encourage or permit others to use, the App or Services to
o stalk and/or harass another;
o harm minors in any way;
o impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
o forge headers or otherwise manipulate identifiers to disguise the origin of any App Content posted on or transmitted through the App or Services;
o use the App, Services or App Content such that it will mislead a third party into believing that he or she is interacting directly with Wala or the Services;
o engage in any chain letters contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
o use any Wala domain name as a pseudonymous return email address; or
o market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Wala.
Wala reserves the right, at any time, to modify the App Content or Services or to modify, suspend, or discontinue the App or Services or any part of the foregoing with or without notice. You agree that Wala will not be liable to you or to any third party for any modification of the App Content or Services or modification, suspension, or discontinuance of the App or Services.
7. User Content
· User Content. "User Content" means any Content provided, imported or uploaded to the Service by you or on your behalf via the App. By uploading, distributing, or otherwise using your User Content with the App or Services, you grant, and you represent and warrant that you have the right to grant, Wala an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use the User Content, as necessary, for purposes of displaying the User Content on the Services or App. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by Wala or others, or any disclosure of your User Content that makes you or any third party personally identifiable.
· Acceptable Content. You represent and warrant that your User Content shall not
o infringe any copyright, trademark, or patent;
o misappropriate any trade secret;
o be deceptive, defamatory, obscene, pornographic, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
o contain any viruses, worms or other malicious computer programming codes able to damage the App, the Services, or any data of the Services;
o violate any law, regulation, or contractual obligation; or
o otherwise violate these Terms of Service or the rights of any third party.
· Content Loss. You are solely responsible to keep and maintain your own copy of all User Content that is provided to the Services and Wala. Wala is not obligated to back up any User Content that is posted on the Services. Wala therefore recommends that you create backup copies of any User Content posted on the Services at your sole cost and expense. You agree that Wala may (but has no obligation to), in Wala’s sole discretion, remove or modify any User Content which it deems to violate your representations and warranties in these Terms of Service. You agree and acknowledge that Wala has no obligation to retain the User Content, and may delete such User Content, at any time.
8. IP Ownership
As between you and us, the App, the Services, the App Content (excluding User Content), and any of Wala’s proprietary technology, software, hardware, processes, algorithms, user interfaces, know-how, designs and other tangible or intangible technical material or information used by Wala in providing the Services, and all intellectual property rights in each of the foregoing (the "Wala Technology") is the exclusive property of Wala or its suppliers. "Wala” and other related graphics, logos, service marks, and trade names used on the App are the trademarks of Wala or its third party licensors and may not be used without Wala’s written permission or the written permission of such third parties.
Wala will treat any all suggestions, ideas, enhancement requests, feedback, recommendations or other information ("Feedback") you provide to Wala as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Wala to the contrary, you agree that you will not submit to Wala any information or ideas that you consider to be confidential or proprietary. You hereby irrevocably and unconditionally assign to Wala all Feedback provided by you related to the App, the Services, the App Content or the Wala Technology including all worldwide intellectual property rights in the foregoing.
When you visit the App or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
From time to time, Wala may offer you the chance to win prizes on the App ("Games"). Such Games are provided subject to the Rules posted on the App in connection with such Games.
13. Links to Third Party Websites
The App may contain links to advertisements, web sites and services provided by third parties. Such third party advertisements, web sites and services are not under the control of Wala. Wala is not responsible for the content of any third party advertisements, web sites and services or any link contained in a third party advertisement, App or service. Wala provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party advertisements, web sites and services.
14. Warranty Disclaimers
· NO WARRANTY. WALA IS PROVIDING THE APP, THE APP CONTENT, AND THE SERVICES ON AN "AS IS" BASIS FOR USE AT YOUR OWN RISK. WALA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. BASIC TRANSFER, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE APP CONTENT OR THE INFORMATION PROVIDED ON THE APP OR THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. INFORMATION ON THE APP MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS APP AND MAY CONTAIN ERRORS. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
· Financial Advice. WALA IS NOT PROVIDING, AND THE SERVICES ARE NOT INTENDED TO PROVIDE, LEGAL, TAX OR FINANCIAL ADVICE. WALA IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any financial decisions, you should seek additional information and advice from your own accountant or other financial advisers who are fully aware of your individual circumstances.
15. Limitation of Liability
IN NO EVENT SHALL WALA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, THE APP, THE APP CONTENT, OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. WALA’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, THE APP, THE APP CONTENT, AND THE SERVICES, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED FIFTY DOLLARS ($50). CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
If you believe that the copyright in your work has been violated through the Services, please contact Wala’s agent for notice of claims of copyright infringement using the contact information below and provide the following information, which Wala may then forward to the alleged infringer:
· Identify the material on the Services that you believe infringes your work, with enough detail so that Wala may locate it on the Services;
· Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· Provide your address, telephone number, and email address;
· Provide a statement that (i) the information that you have provided to Wala is accurate, and (ii) you are the owner of the copyright interest involved or are authorized to act on behalf of the owner; and
· Provide your physical and electronic signature.
Upon receiving your complaint, Wala may remove content that you believe infringes your copyright. In addition, Wala may terminate the account of the member who appears to be infringing your intellectual property rights.
Rise Cape Town
Floor 5, Woodstock Exchange
66 Albert Road
These Terms of Service will continue to apply until terminated by either you or Wala as set forth below (the "Term"). We may terminate these Terms of Service at any time for any reason or no reason in accordance with the Rules by sending you an e-mail to the address of record in your Account. In addition, these Terms of Service will automatically terminate upon any breach of these Terms of Service by you. You may terminate these Terms of Service at any time by (a) notifying Wala at any time by sending an e-mail to firstname.lastname@example.org with the subject "Termination of Terms of Service" and (b) closing your Account for the Services. Upon any termination of this Agreement, you shall promptly discontinue use of the App and the Services and your Account and right to access and use the Services and App will terminate immediately, including access to your User Content and the permanent forfeiture of any earned points, plays or any other credits or awards. However, Sections 7 (User Content), 8 (IP Ownership), 9 (Feedback), 14 (Warranty Disclaimers), 15 (Limitation of Liability), 17 (Termination), and 19 (General Provisions) of these Terms of Service will survive any termination of the Terms of Service. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising from or relating to such termination.
You will indemnify and hold Wala harmless from any action brought against Wala insofar as such action is based on a claim by any third party arising from or related to (a) any improper or unauthorized use of the Services by you; (b) your User Content; or (c) your breach of any of your representations or warranties contained in these Terms of Service.
19. General Provisions
If any provision of these Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Service will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Service and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of Illinois without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using or accessing the App or the Services, you hereby expressly consent to the personal jurisdiction and venue in the 5th floor of the Woodstock Exchange at 66 Albert Road Woodstock, 7915, which is the county of Wala’s principal place of business, for any lawsuit filed there against you by Wala arising from or related to these Terms of Service.