Section 1: Terms and Conditions
ATTENTION: READ THIS AGREEMENT CAREFULLY. BY CLICKING THE "NEXT" BUTTON OR INSTALLING OR USING THIS SOFTWARE and mobile payment service (THE "LICENSED SOFTWARE", or “WiGime”) YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. You are not required to accept these terms but, unless and until you do, YOU DO NOT consent TO ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD SELECT THE "CANCEL" BUTTON AND/OR YOU MUST NOT INSTALL OR USE wigime.
We developed a service to make it easy for anyone to conduct mobile payments transactions on your smartphone or tablet. (The “Service”). This Agreement (as may be amended from time to time, the “Agreement”) is a legal agreement between you (“You”, “Your”, “Consumer”, “Individual”, or “Merchant”) and WiGi, Incorporated. (“WiGi”, dba:”WiGime”, “We,” “Our” or “Us”), located at 2336 S East Ocean Blvd, #227 Stuart Fl 34996.
WiGime Description of Services
WiGime is a mobile payments system service provided to Consumers and Merchants who elect to use the service for their personal benefit and convenience allowing them to exchange funds for making purchases of goods and services, to allow Consumers to send and/or Receive funds to and/or from other Consumers (“Transactions”) all through the use of your mobile device. WiGime is exclusively an independent contractor and by agreeing to these terms you are allowing WiGime to act on your behalf as Your agent with respect to the custody of Your funds for services provided.
The Service has been created to provide users with a convenient, secure and safe mobile money smartphone-based service; to provide the users with the ability to receive, send and transfer funds, and make purchases from merchants, retailers or service providers using their smartphone or mobile device registered to their WiGime account. By accepting this Agreement You may use the WiGime Services to perform the aforementioned transactional services from your account funds.. WiGime consists of several components including a web site wigime.com, WiGime mobile smart phone application software, and WiGime portable electronic-pad tablet or phone device Point-Of-Sale software and our secure WiGime backend system. WiGime also interacts with banks and payment card industry resources.
WiGime Eligibility: The WiGime Service is only available to You if You are older than 18 years of age or if You are authorized to use the account of an authorized user who is older than 18 years of age. The Company WiGime reserves the right to decline use of the Service to previously authorized users who have been suspended or removed from the Service.
Legal Compliance: When using WiGime, you agree to comply with all applicable local, state and federal laws, including anti-money laundering laws (“Laws”). If you do not comply with the Laws, WiGime reserves the right to terminate Your use of WiGime Services and, as required by the Laws, may notify authorities of Your non-compliance. You agree that you will use WiGime for lawful purposes and only in compliance with all applicable Laws, including but not limited to copyright and other intellectual property laws. Your right to use WiGime will terminate immediately if you violate any provision of these Terms and Conditions. Upon termination, you may no longer use WiGime services.
Your WiGime Account: In order to use WiGime You must first create Your WiGime account and register your mobile smartphone or tablet. Once you complete this you are able to receive and/or send funds to anyone else with a smart phone. As an option you may load your WiGime account by linking your bank accounts and/or your credit/debit card however this is not required to open an account or to use the WiGime system. Funds may be loaded into Your WiGime account from several funding sources: funds received from others (as transfers, gifts or payments), your credit card, debit card, bank account or employer payroll distribution. The funds within your WiGime account are placed in a non-interest bearing escrow account and are not FDIC insured or insured by any other governmental or private insurance body. You agree that this service is provided for the sole use of security and convenience and that you are not entitled to interest or earnings benefits that may be provided by a financial institution. WiGime DOES NOT nor intends to function as; nor is represented as a financial institution.
Multiple Phones: In order to open a WiGime account there must be at least one mobile device registered to the account as the default phone at all times. You may register more than one phone to your account and link various source funding accounts to different phones. In the event you would like to delete one of the phones from the account the balance assigned to that phone must be zeroed out (zero) with no pending transactions. If it is the default phone to the account you will be prompted to select another default phone. In the case there are only 2 phones within the account the default phone will be automatically be reassigned to the remaining phone. Once the phone is deleted from your WiGime Account this phone will be able to be registered and used once again to open a separate WiGime Account.
Confidential Account Information: When You establish Your WiGime account (“Account”) You will define a personal identification number (“PIN”), a password (“Password”), Your mobile devices Device's phone number (“Mobile Number”) and Your e-mail address (“Email”). You agree to keep confidential Your Password and PIN (“Confidential Information”) to others, and not to place, expose or reveal Your Confidential Information in an area or to anyone that would allow an unauthorized third party to gain access to your confidential account information. In the event you feel this may have occurred you are responsible to: 1) Change your pin on the WiGime mobile application or, 2) lock down your WiGime mobile account (for that phone) using mobile phone application or. 3) From within your on-line account lock down the individual phone or the entire account and change the Password or individual mobile PIN numbers.
Linking Accounts to WiGime: You may link WiGime to most credit cards, debit cards, savings and checking accounts (“Source Accounts”) issued by financial institutions in the USA. Funds may be transferred using the ACH (Automated Clearing House) network. By linking Source Accounts to WiGime You will be able to move funds into your Account and move funds from Your Account back into your linked account (fees may apply). It is not possible to move funds from your Account to Your credit or debit card. By accepting this agreement You acknowledge and agree that WiGime may have to provide certain information to your linking entities for their services, in addition due to ACH networks and your Source Account Financial Institutions WiGime has no control over the amount of time it may take for your funds to arrive or be available from your Source to your WiGime account or vice versa. You may be sent a message either through e-mail or to your mobile device once the funds are available to be used.
Making a Purchase: After loading funds into Your Account to create a credit balance, using Your registered mobile smart phone device and the WiGime application, You request a transaction amount (“Amount”) needed using Generate WiGiCode A Quick Response code (aka: WiGiCode) will be sent to your phone for that amount, can only be used once and will be invalid if not used within this expiration time period. Either you may allow the Merchant to electronically scan or “read” your WiGiCode displayed on your smart phone using the Merchant’s WiGime (POS) Point of Sale software to complete the purchase.
For Online Purchases: At check out select WiGime payment option. Using your mobile device generate a transactional QR code know as WiGiCode™ and enter the WiGiCode Number plus Your complete mobile number; your items will be mailed directly to your address on file and no personal information is required to be inputted.
Scan and Buy™: Scan and Buy is a unique way of purchasing items from printed ad, digital ads or television using the WiGime application to scan the accompanying Scan and Buy™ QR code. The item will be displayed and purchase option be given to you. Selecting the buy button will allow the purchase to be made and product(s) be delivered to the main address on file. Funds will be set aside for the purchase; you will be alerted when product is shipped from the merchant and once that occurs payment will be sent to the merchant.
Receipts are either e-mailed or texted and will show up in your account history
Send Transaction: The Send Money transaction (Sending money or a WirelessGifting™) allows You to initiate a process that sends funds from Your Account to any Individual. The recipient must be a member of the WiGime system. If the recipient is not signed up as a member then they will be notified that money or a gift was attempted to be sent to them and will be prompted to sign onto the WiGime system. You as the sender will also be alerted that the recipient is a non-member and was sent an alert to sign on as a member. In the above case, the money remains yours and stays in your account. The receiving Individual must have a smart phone mobile device with a data plan, be able to receive text messages and have an established WiGime account. Should the receiving Individual NOT HAVE an active WiGime account no funds will be sent.
Load Transactions: The Load transaction allows You to initiate a process that transfers funds from a Source Account into Your WiGime Account. When moving funds from Your Source Account into Your WiGime Account You are affirming that You have all necessary rights and authorities to obtain funds from the Source Account. When You initiate the Load Transaction process You are authorizing WiGime to 1) deduct an amount from the Source Account and add the amount to Your WiGime Account, and 2) to correct any errors in the transfer and to resubmit any transfer that is rejected by the Source Account financial institution, until such time as You notify WiGime of Your desire to stop or revise WiGime’s authority to move funds from Your Source Account. You may notify WiGime by making the appropriate Source Account revisions to Your Account on the web site .
Unload or Withdraw Transactions: The Unload transaction allows You to initiate a process that transfers funds from your WiGime account to a ACH-connected checking/savings Source Account. When moving funds from Your WiGime Account into Your Source Account You are affirming that You have all necessary rights and authorities to obtain funds from the WiGime Account. When You initiate the unload Transaction process certain fees may apply (and need to be present) and You are authorizing WiGime to 1) deduct an amount from the WiGime Account and add the amount to Your Source Account, and 2) to correct any errors in the transfer and to resubmit any transfer that may be rejected by the Source Account financial institution, until such time as You notify WiGime of Your desire to stop or revise WiGime’s authority to move funds by making the appropriate Source Account revisions to Your Account on the web site wigime.com.
It may take several business days before the funds you unload or load to or from your Source account or WiGime Account are available. The exact amount of time required to clear funds through the ACH system or payment gateway and appear in the bank account are governed by the agreement You have with Your bank, applicable laws, payment gateway rules and regulations and may be subject to the volume of inter-bank transactions, the amount of the transfer and the frequency. WiGime conducts business under federal laws adhering to guidelines for anti-money laundering and anti-terrorist activity and follow strict guidelines for (SARS) suspicious activity reporting. Therefore limitations of money transfers including: frequency, dollar amount, and location may be restricted and is beyond our control within the scope of governing laws.
Returns and Product or Merchandise Disputes: WiGime only provides transactional services between You, the user and the retailer/bank/service provider. All information about products and/or services are derived directly from the merchant retailer or service provider and are not
the responsibility of WiGime or the parent company WiGi, Inc. Any and all product/service disputes for purchases made or goods and service bought, and possible refunds or remuneration in kind are between you the consumer and the merchant retailer/service provider the product(s)/service(s) where purchased from.
US Dollars Only and Limitations: Currently all WiGime transactions are in U.S. dollars. WiGime reserves the right to limit on the type, amount, and frequency of Your transactions. All transactions are subject to the available balance of Your Account and the charges required as being sufficient to complete the transaction process.
Pending Funds and Pending Transfers: Funds that You Load from Your Bank Deposit will not be available in Your Account for Your use until WiGime receives the funds from the ACH system. Clearing funds through the ACH system may take 4 to 5 business days, or longer. You will not be able to send/use your funds unless they are currently within Your WiGime account as Available Balance. You will be notified once the funds are delivered to your account.
Right To Use: WiGime grants You the right to use the WiGime Services, subject to these Terms and Conditions. You may not rent, lease or otherwise transfer rights to use WiGime to a third party. You agree not to use WiGime in any manner that could damage, disable, overburden or impair WiGime Services or the WiGime brand, or in any manner that could interfere with any other party's use and enjoyment of WiGime.
WiGime Service Fees: You agree to pay for using WiGime for certain services, according to the fees schedule, which may change from time to time and be posted on the Wigime.com website, as set forth in the WiGime Service Fee Schedule (“Fees”), and that by reference this schedule is included in this Agreement. In the case of consumers: Fees will be deducted from the overall available balance at the time service is requested. If the available balance is insufficient to cover the fees the service may not be performed or in certain situations/occurrences, at WiGime’s discretion, the fee will be deducted from the funds being transferred. In the case of retailer merchants fees will be deducted from the total transaction price or in some cases such as advertising defined in prearranged contractual agreements. In addition to the Fees, You will likely pay other fees for the use of your mobile device such as the cost of Your mobile device (e.g. text messaging and data plan fees), Your mobile telephone company charges, and possible fees charged by your bank or financial institution (e.g. as in the case of insufficient funds just as one example).
Limits of Transfer: WiGime follows US and international laws as it relates to money services and may restrict transfers as defined and allowed by international, federal, state and local laws
Time: Occasionally Due to intrinsic data network delays, mobile unit settings and application start up latencies time and expiration of transactions and transactional codes may not always coincide with the system backend system and the mobile application. The Backend time and expiration of transactions and transactional codes will always supersede all other time indicators and transactions may or may not take place will be based on the current backend time management system.
WiGime has the right to terminate Your account or restrict your access to and use of WiGime, with or without cause at any time without notification, at WiGime's sole discretion, for any reason, including but not limited to your failure to conform to this Agreement, perceived acts of suspicious money laundering schemes, terrorist acts and/or suspected fraudulent activity. If you violate this Agreement WiGime, in its sole discretion, will take legal action to require You to remedy any Terms of this Agreement, and/or take any other actions that WiGime deems appropriate to enforce its rights and pursue all available remedies. Upon termination of Your account for these reasons, You will receive a refund in the mail or electronically for any amount remaining in the account, after all reconciliations to your account including a termination processing fee is applied. In the event WiGime has to collect unpaid amounts owed to on your account, you will be liable for all attorneys' and collection agency fees and You give WiGime the right to use your WiGime account funds or obtain these funds from one of Your Funding Source Accounts to carry out such actions.
You may voluntarily terminate or delete an individual mobile phone from your account (see multiple phones above). You may also voluntarily terminate your account, all balances for all phones must be zeroed out (or zero) without any pending transactions. A termination fee may apply and you give WiGime the right to charge one of your sourcing accounts to obtain this fee.
When You visit WiGime.com, or send email to WiGime, or contact us through the any electronic form including mobile process, you are communicating with us electronically. You consent to receive communications from WiGime electronically. WiGime will communicate with You by email to Your registered email address or electronic message or through other forms of mobile communication. 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.
Copyright and Intellectual Property
All content included in WiGime, such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and mobile applications and backend software which is part of the WiGime, is the property of WiGime and or the respective WiGime Merchant, Affiliate or Service Provider. However, content posted or created by users is assumed to be the responsibility of the user who posted or created the content, or the author that the poster credited as being the owner of the creation. Copyrighted material including but not limited to its source code, and website and mobile applications is protected by United States and international copyright laws. WiGime’s selection, coordination and arrangement of all content is the exclusive property of WiGime and is protected as a compilation by U.S. and international copyright laws. All software used on this site or in conjunction with WiGime Service is the property of WiGime and is protected by United States and international copyright laws. All other unregistered or registered trademarks are property of their respective owners. Nothing contained in WiGime should be construed as granting, by implication, estoppels or otherwise, any license or right to use any of WiGime’s intellectual property displayed on the WiGime.com site without the written permission to WiGime, unless use is authorized under provisions of this Agreement.
WiGime respects the intellectual property rights of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please contact WiGime at and provide notice of claims of copyright or other intellectual property infringement and WiGime will assign an agent (“Agent”) to review your notice. Your notice to support and the Agent should identify the copyrighted work or other intellectual property that You claim has been infringed; identify the image, movie or audio on WiGime that You claim is infringing, with enough detail so that We may locate the suspected infringing information. Also include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You declaring under penalty of perjury that (a) the above information in Your Notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner; Your address, telephone number, and email address and Your physical or electronic signature.
If You believe Your PIN or Password has been lost or stolen, notify WiGime by sending an email message to or accessing the support group through your mobile phone application. Your PIN number can always be changed through your mobile application or your online account. Your PW also can always be changed from within your account preferences. Also you are able to lock down your specific phone account activity through your mobile app or your account website - which will freeze all activity in your account and delete all active WiGiCodes. Also, if Your account history shows transactions that You did not make, advise at once. WiGime will investigate the occurrence.
BY USING WiGime Services YOU AGREE NOT TO:
- Use the Service for any purposes other than in accordance with this Agreement;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access WiGime accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via WiGime, perform any other similar fraudulent activity or otherwise send or receive, at WiGime’s discretion, believes to be potentially fraudulent funds; infringe WiGime’s or any third party's intellectual property rights, rights of publicity or privacy; make unsolicited offers, advertisements, proposals, or send junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation, materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; use WiGime or request or make any transfer, for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data protection and privacy; defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about Users, Registered Recipients, or third parties without their consent;
- Use WiGime if You are under the age of eighteen (18) without a parental sponsor in accordance with standard WiGime processes or in any event use WiGime if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law; refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to WiGime; remove, circumvent, disable, damage or otherwise interfere with security-related features of WiGime or features that enforce limitations on the use of WiGime; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of WiGime or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation; use WiGime in any manner that could damage, disable, overburden, or impair it, defame, de-brandincluding, without limitation, using WiGime in an automated manner;
- Modify, adapt, translate or create derivative works based upon WiGime or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
- Intentionally interfere with or damage operation of WiGime or any User's or Registered Recipient's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;\
- Use any robot, spider, other automatic device, or manual process to monitor or copy WiGime content without prior written permission;
- Use any device, software or routine to bypass the WiGime website robot exclusion headers, or interfere or attempt to interfere, with all other WiGime components;
- Sell WiGime or WiGime services, information, or software associated with or derived from it;
- Breach this Agreement or any WiGime agreement or policy;
- Violate any law, statute, ordinance or regulation (for example, those governing financial services);
- Provide false, inaccurate or misleading information;
- Send or receive what WiGime reasonably believes to be potentially fraudulent funds;
- Use Your Account or WiGime in a manner that results in or may result in complaints, disputes, reversals, charge backs, fees, fines, penalties and other liability to either WiGime, a third party or You;
- Use Your Account in a manner that WiGime or any payment card network reasonably believe, at Our discretion, to be an abuse of the payment card system or a violation of payment card network rules;
- Take any action that may cause WiGime to lose any of the services from its service providers, payment processors or other suppliers.
- You agree that WiGime may seize or freeze Your Account funds, at WiGime’s sole discretion that are deemed by WiGime to be fraudulent or present due to the prohibited behavior outlined in this section.
Third Party Sites, Products and Services; Links.
WiGime may include links or references to other web sites or services solely as a convenience to You (“Reference Sites”). WiGime does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings (including purchases made for goods and services) with, or participation in promotions of, advertisers found on or through WiGime are solely between You and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
Account Passwords and Registration
You agree that the information You provide to WiGime when You set up or maintain your Account will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your Account is no longer secure, You agree to immediately notify WiGime.
Ownership; Proprietary Rights
WiGime is owned and operated by WiGi, Inc. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of WiGime (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and WiGi, all Materials, trademarks, service marks, and trade names contained on WiGime are the property of WiGi, Inc. and/or third party licensors or suppliers in any way. You agree not to remove, obscure, or alter WiGime or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through WiGime. Except as expressly authorized by WiGime, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. WiGime reserves all rights not expressly granted in this Agreement. If You have comments regarding the WiGime or ideas on how to improve it, please contact . Please note that by doing so, You hereby irrevocably assign to WiGime, and shall assign to WiGime, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
You agree to indemnify, save, and hold WiGime, its contractors, employees, agents, officers, directors, shareholders and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of WiGime, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. WiGime reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify WiGime, including rights to settle, and You agree to cooperate with WiGime’s defense and settlement of these claims. WiGime will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
Liability of WiGime
WiGime will NOT be liable, for any of the following instance:
- If, through no fault of WiGime’s, You do not have enough money in Your Account to make the transfer, cover the fees if any and Overdraft charges will be Your responsibility if this does occur.
- If, through no fault of WiGime’s, You do not have enough money available in or through any External Account You attempt to debit for a transfer and Overdraft charges will be Your responsibility if this does occur
- If the funds in Your Account are subject to legal process or other encumbrance restricting their use.
- If WiGime was not working properly and You knew about the breakdown when You started the transfer.
- If circumstances beyond WiGime’s control (such as fire or flood, or acts of God or force majeure, or actions of a third party) prevent the transfer, despite reasonable precautions that WiGime has taken.
- If the failure results from a communications failure, such as the failure of a cellular telephone company to complete a text, voice, or data transmission accurately.
- If the failure results from a failure of a financial institution that holds Your checking/savings account, Your deposit or issues the credit card or debit card linked to Your Account, or WiGime is unable to access any External Account for any reason other than due to WiGime’s fault.
- If You provided inaccurate or incomplete information regarding the transfer.
- If You don’t keep Your External linked Sources up to date and current.
- If the transfer appears suspicious, fraudulent or unauthorized, and WiGi cannot confirm that it is a legitimate transfer, or if the transfer is (or appears to be) prohibited by law or rules.
- There may be other exceptions stated in this Agreement.
- WiGime is not responsible for the actions of the persons to whom You Send a transfer, or from whom You receive a transfer.
- Any event that causes force majeure
Limitation of Liability and Damages
To the fullest extent permissible pursuant to applicable law WiGime and Its third-party partner’s, advertisers, licensors, merchant retailers/service providers and suppliers through WiGime disclaim all warranties, statutory. Express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from WiGime in anyway will create any warranty not expressly stated herein. You expressly acknowledge that as used in this Agreement the Terms “WiGi or WiGime” includes WiGime Officers, Directors, employees, employers, shareholders, agents, licensors and subcontractors. You expressly agree that use of WiGime services, including but not limited to the website, and mobile application is at your sole risk. WiGime and any data, information, third-party software, reference sites, services, or software made available in conjunction with or through WiGime are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either expressed or implied. WiGime and its third-party suppliers, licensors and partners DO NOT warrant that the data WiGime functions or any other information offered on or through WiGime or any reference sites will be uninterrupted or free of errors, viruses, or other harmful components and Do Not warrant that any of the foregoing will be corrected. WiGime and its third-party suppliers, licensors and partners DO NOT warrant or make any representations regarding the use or the results of the use of the WiGime Service or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that use, access, download, or otherwise obtain information, materials, or data through the use of WiGime (including RSS feeds) or any references sites are at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system or mobile device) or loss of data that results from the download or use of WiGime.
In no event will WiGime or its contractors, agents, licensors, partners, or suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation: loss of business opportunities, loss of revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to 1) this agreement, 2) WiGime or any reference site 3) your use or inability to use WiGime (including any and all materials) or any reference sites, or 4) any other interactions with another WiGime user or non-member potential user, in connection with WiGime, even if WiGime or an authorized WiGime representative has been advised of the possibility of such damages.
You Acknowledge and agree that WiGime has offered its product and services, set its prices, and entered into this agreement in reliance and upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and WiGime, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the agreement between you and WiGime. WiGime would not be able to provide you services on an economically reasonable basis without these limitations. WiGime’s liability will be limited to the fullest extent permitted by applicable law.
Modification of this Agreement
WiGime reserves the rights to change, modify, add, or remove portions of this Agreement (each “change") at any time by posting notification to WiGime web site wigime.com or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply on a going-forward basis with respect to payment transactions initiated after the posting date. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of WiGime from within your account. WiGime may provide You with notices and communications by email, regular mail or postings on OUR website or the WiGime mobile application or by any other reasonable means. Except as otherwise set forth herein, notice to WiGime must be sent by first-class mail to WiGi, Incorporated, Attention of the General Counsel, 2336 S Ocean Blvd, # 227, Stuart, FL 34996.
The failure of WiGime to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by WiGime.
In this Arbitration section:
-"you" and "your" means You, as well as any person claiming through You, including Authorized Users;
-"we", "us", and "our" means WiGime and its parents, subsidiaries, affiliates, predecessors, successors, and assigns, as well as their respective officers, directors, and employees; and
-“Claim” means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Agreement or the relationship between you and us, and includes claims that are brought as counterclaims, cross claims, third party claims, or otherwise and disputes about the validity or enforceability of this Agreement or the validity or enforceability of this Arbitration section.
Any Claim between you and us shall be resolved, upon the election of either you or us, by binding arbitration administered by the American Arbitration Association ("AAA") or the National Arbitration Forum ("NAF"), under its rules applicable to consumer disputes ("Rules"). You can obtain the Rules and other information about initiating arbitration by contacting the AAA at 335 Madison Avenue, New York, NY 10017, or at www.adr.org, or the NAF at P.O. Box 50191, Minneapolis, MN 55405, or at www.adrforum.com. Our address for serving any arbitration demand or claim is General Counsel, WiGi Incorporated, 2336 S East Ocean Blvd, #227, Stuart Fl. 34996. If you file a Claim, you can choose either the AAA or the NAF as Administrator; if we file a Claim, we will make the initial selection but you can require us to use either the AAA or the NAF by providing us written notice within 30 days of your receipt of notice of the Claim. Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.
We will pay all filing and administration fees charged by the Administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will be required to reimburse us for any fees we have previously paid to the Administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for the fees paid by you to the Administrator. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the Administrator, then these statutory rights will apply in arbitration.
Any in-person arbitration hearing will be held in the city with the federal district court closest to the primary office location in Stuart, Fl., or in such other location as the parties may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. The arbitrator's award shall be final, except for any appeal that may be permitted under the Federal Arbitration Act. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof.
Neither you nor we shall have the right to participate as a representative or member of any class of claimants in arbitration, and you and we further agree that claims of third parties shall not be joined in any arbitration between you and us, without the express written consent of both you and us. The validity and effect of this paragraph shall be determined exclusively by a court, and not by the Administrator or any arbitrator. The arbitrator shall have no power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other Users, or other persons similarly situated.
If any portion of this Arbitration section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this provision. However, if the section precluding class actions is deemed invalid or unenforceable in whole or in part, then this entire Arbitration section shall be deemed invalid and unenforceable. The terms of this Arbitration section will prevail if there is any conflict between the Rules and this provision.
THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS RESOLUTION OF DISPUTES PROVISION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT. THEY ACKNOWLEDGE THAT ARBITRATION WILL LIMIT THEIR LEGAL RIGHTS, INCLUDING THE RIGHTS TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED UNDER THE FEDERAL ARBITRATION ACT).
You may reject this Arbitration section, in which case neither you nor we will have the right to elect arbitration. Rejection of this provision will not affect the remaining parts of this Agreement. To reject this Arbitration section, you must send us written notice of your rejection within 10 days after the date that you first became a WiGime User. You must include your name, address, and Mobile Number. The notice of rejection must be mailed to General Counsel, WiGi Incorporated, 2336 S East Ocean Blvd, # 227 Stuart Fl. 34996.
The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. This Arbitration section shall survive the termination of this Agreement.
If any provision of this Agreement or any Guidelines is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement and related Guidelines, and any rights granted hereunder, might not be transferred or assigned by You without WiGi’s prior written consent which may be withheld in its sole discretion, but may be assigned by WiGi without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect. Survival Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Section 2: End User License Agreement
This End User License Agreement ("EULA") is an agreement between the user ("you" or "your") and WiGi, Inc or DBA: WiGime ("we", "our", "us") concerning your use of this software and all related documentation and services, and all updates and upgrades that replace or supplement the foregoing and are not distributed with a separate EULA (collectively, the "Software").
By clicking "Yes" or "Yes, I agree" or similar language presented on your handset or Web page, or by using the Software, you agree to in the terms and conditions.
1. Software Description
The Software provides a means to view and interact with personal account information and other related information. We may receive this information from third parties and you grant us and our service providers permission to retrieve the information and to use the information to provide the services enabled by the Software. We reserve the right to change the nature of the services available through the Software at any time, and to refuse to make any transaction you request through the Software. The Software may not be available on all wireless devices and on all mobile service carriers or providers, and may not be accessible or may have limited utility over some mobile networks in situations such as, but not limited to, roaming.
2 Use of Software
The Software will not work unless you use it properly. You accept responsibility for making sure that you understand how to use the Software before you actually do so, and then that you always use the Software in accordance with all applicable instructions. You also accept responsibility for making sure that you know how to properly use your wireless device. We may change or upgrade the Software from time to time. In the event of such changes or upgrades, you are responsible for making sure that you understand how to use the Software as changed or upgraded. We will not be liable to you for any losses caused by your failure to properly use the Software or your wireless device. You give WiGi, Inc the right to upgrade the software at anytime or send messages/updates to the mobile device which may incur costs as it relates to the use of your mobile device’s data plan services through Internet connectivity or text (SMS) messaging.
3. Relationships to Other Agreements
The Software forms a connection across wireless carrier data networks to the computer systems of escrow accounts and to your personal financial institution(s) and other third parties ("Providers"). Information about your account(s) comes from, and all processing occurs on Ours, and, Providers' computer systems. We do not provide the information about your accounts that is displayed on your wireless device.
You have separate agreements with your Providers for their services, and you agree that you remain subject to those agreements. You also agree that you continue to be subject to the terms and conditions of your existing agreements with any other service providers, including but not limited to your mobile service carrier or provider. This EULA does not amend or supersede any of those agreements. Those agreements may provide for fees, limitations and restrictions which might impact your use of the Software (for example, your Provider may charge fees associated with the Software or your mobile service carrier may impose data usage or text message charges for your use of or interaction with the Software, including while downloading the Software or other use of your wireless device when using the Software), and you agree to be solely responsible for all such fees, limitations and restrictions. You acknowledge and agree that neither we nor your Provider are responsible for your mobile service carrier or provider's products and services. You acknowledge and agree that your mobile service carrier or provider is not the provider of any financial services available through or related to the Software, and is not responsible for any of the materials, information, products, or services made available to you in connection with the Software. Accordingly, you agree to resolve any problems with your Provider directly with that Provider without involving your mobile service carrier or us (WiGime), and you agree to resolve any problems with your mobile service carrier directly with that mobile service carrier without involving your Provider or us (WiGime).
A. WiGi Inc SOFTWARE LICENSE AGREEMENT
Subject to your compliance with this EULA (Agreement), you are hereby granted a personal, limited, non-transferable, non-exclusive, non-sub licensable, and non-assignable license ("License") to download, install and/or use the Software on your wireless device within the United States and its territories and within those countries where export and use of the Software is permitted under United States law and under the laws of the location where the Software is used. In the event that you obtain a new or different wireless device, you will be required to download and install the Software to that new or different wireless device and re-register your mobile device.
B. License Restrictions and Revocation
This License shall be deemed revoked immediately upon (i) by not complying with these terms and conditions and noncompliance with this EULA; (ii) any reason to suspect infringement or copying of software (iii) any illegal activity domestically or international as defined in your country of origin (iv) written notice to you at any time, with or without cause; or (iv) us ceasing to provide service or ceasing to provide service for your Provider, wireless carrier, wireless device, or financial entities. In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your wireless device, except that if you change carriers and/or numbers without changing wireless devices you may continue using the Software if you re-enroll under your new carrier/number you must re-register the mobile device to your account. We reserve all rights not granted to you in this EULA. The provisions of Sections I, II.B, III, and IV of this EULA shall survive revocation of the License.
C. YOUR OBLIGATION
When you use the Software you agree to the following:
1. Account Ownership/Accurate Information. You represent that you are the legal owner of the accounts and related information which may be accessed via the Software. You represent and agree that all information you provide in connection with the Software is accurate, current and complete, and that you have the right to provide such information to us and that we have the right to use the information for the purpose of providing the services available in connection with the Software. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate. You agree that we and/or our service providers may send you, by short message service (an opportunity to opt-out), e-mail, and other methods, communications relating to the Software, related items, and retail offers, including without limitation welcome messages, information, and surveys and other requests for information. You agree to use the Software carefully, to keep your passwords and PINs for using the Software confidential and secure and not share them with others, to check your statements and transactions regularly, and to report any errors to your US promptly.
2. Location Based Information: For security purposes location-based features of the Software may be used and you agree that your geographic location and other personal information may be accessed and disclosed through the Software for your security.
3. Export Control. You acknowledge that the Software may be subject to certain governmental export control and economic sanctions laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Software. You agree that you will not directly or indirectly use in, or export, re-export, transfer, or release the Software to, any destination, person, entity, or end-use prohibited or restricted under such laws or regulations without prior federal government authorization as applicable, either in writing or as permitted by applicable regulation. Without limitation, you agree that you will not use the Software in any embargoed or sanctioned country such as but not limited to Cuba, Iran, North Korea, Sudan and Syria.
4. Proprietary Rights. You may not copy, reproduce, distribute, or create derivative works from the Software, and you agree not to reverse engineer or reverse compile or disassemble the Software.
5. User Conduct. You agree not to use the Software or the content or information delivered through the Software in any way that would: (a) infringe any parent company (WiGi, Inc) or third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including any rights in the Software; (b) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Software to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including but not limited to those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose all or part of the services of any of our service providers; (f) be defamatory, libelous, unlawfully threatening or unlawfully harassing; (g) be perceived as illegal , offensive or objectionable; (h) interfere with or disrupt networks connected to the Software; (i) interfere with or disrupt the use of the Software by any other user; (j) use the Software to gain unauthorized entry or access to the systems or information of others, or (k) copy or display to third parties the information provided by the Software, except as required by the services available through the Software.
6. No Commercial Use or Re-Sale.
You agree that the Software is for personal use only. You agree not to resell or make commercial use of the Software.
7. Indemnification. You agree to indemnify, defend, and hold us the company (US, WiGi, Inc or WiGime) and our affiliates and service providers harmless from and against any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys' fees) caused by or arising from your use of the Software, your violation of this EULA, your violation of applicable federal, state or local law, regulation or ordinance, or your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone.
A. Software Limitations
1. Neither the company (WiGi, Inc) nor our service providers can always foresee or anticipate technical, acts of nature or catastrophic events including terrorist’s acts or other difficulties related to the Software, the WiGime System, its serves etc. Although all information is stored in a Class 1 PCI compliant hosting data centers, these difficulties/events may result in loss of data, loss or change of personalization settings, preferences, or other Software, service, or wireless device interruptions. You agree that neither we nor any of our service providers assumes responsibility for any disclosure of account information to third parties, or for the timeliness, deletion, miss-delivery or failure to store any user data, communications, or personalization settings in connection with your use of the Software, and you hereby release us and our service providers from any liability connected with any such responsibility.
2. You agree that neither we nor any of our service providers assumes responsibility for the operation, security, functionality, or availability of any wireless device or mobile network which you use to access the Software, and you hereby release us and our service providers from any liability connected with any such responsibility.
3. Nothing in the Software is an offer to sell any of the components or devices used or referenced in connection therewith.
4. You agree to exercise caution when using the Software on your wireless device and to use good judgment and discretion when obtaining or transmitting information.
5. Information available via the Software may differ from the information that is available directly from your website, and may not be current or up-to-date and may occasional result from time delays. Information available directly through your website may not be available via the Software, may be described using different terminology, or may be more current than the information available via the Software, including but not limited to account balance information. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the information presented, or for any actions taken in reliance thereon.
You may cancel your participation in the Software and Services provided by terminating your account and deleting the Software. We reserve the right to cancel the Software at any time without notice. We may suspend your access to the Software at any time without notice and for any reason, including but not limited to your non-use of the Software. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Software.
C. Use of Data
We and our service providers will use information you provide for purposes of providing the Software, the services it enables, and related functions such as billing and the communications set forth above, and to prepare analyses and compilations of aggregate customer data that may or may not identify you.
D Third Party Beneficiary
You agree that the Providers, our service providers, and the owners, operators, and merchant(s) of record of any software application store or kiosk/business ("Application Store") from which you may have downloaded or otherwise obtained the Software, may rely upon your agreements and representations in this EULA, and such Providers, service providers, and Application Store are third party beneficiaries of this EULA, with the power to enforce its provisions against you, including without limitation the liability limitations and warranty disclaimers below for any claim related to or arising out of the Software or this EULA.
E. Limitations and Disclaimers
WE AND OUR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS EULA, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEITHER WE NOR OUR SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF PROFITS, BUSINESS, OR DATA, WHETHER BASED IN STATUTE, CONTRACT, TORT OR OTHERWISE, EVEN IF WE OR OUR SERVICE PROVIDERS HAVE BEEN ADVISED OF, OR HAD REASON TO KNOW OF, THE POSSIBILITY OF SUCH DAMAGES. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
UNDER NO CIRCUMSTANCE WILL THE TOTAL LIABILITY OF US OR OUR SERVICE PROVIDERS TO YOU IN CONNECTION WITH THE SOFTWARE OR RELATED SERVICES OR OTHERWISE IN CONNECTION WITH THIS EULA EXCEED $100.
YOU UNDERSTAND AND AGREE THAT ANY APPLICATION STORE FROM WHICH YOU MAY HAVE DOWNLOADED THE SOFTWARE MAKES NO WARRANTY AND SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CLAIMS RELATED TO OR ARISING OUT OF THE SOFTWARE OR THIS EULA, INCLUDING BUT NOT LIMITED TO ANY CLAIMS (I) IN RELATION TO THE SALE, DISTRIBUTION OR USE OF THE SOFTWARE, OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, (II) FOR PRODUCT LIABILITY, (III) THAT THE APPLICATION FAILS TO CONFORM TO ANY LEGAL OR REGULATORY REQUIREMENT, (IV) UNDER CONSUMER PROTECTION LAWS, OR (V) SEEKING DEFENSE AND INDEMNITY FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
This is the entire agreement between You and WiGi relating to the subject matter hereof and by Accepting these terms you give WiGime the right to carry out the services defined above, In addition at times it may be necessary to modify these terms and conditions to enhance the services provided, therefore you agree and allow WiGime to modify these terms from time to time which will be updated and posted on both the mobile application and the WiGime website. It will be your responsibility to read, understand and agree to the terms and conditions to continue using the WiGime service.