Wanelo Terms of Service
Last modified on November 5, 2020.
Welcome to Wanelo! Wanelo, Inc. ("Wanelo", "we", "our", or "us") is a way to search for and follow all your favorite stores in one place. Because Wanelo is a marketplace that brings together an incredible range of different merchants and stores, any sales that occur (and any sales contracts) are directly between the sellers and buyers. This Terms of Service (the "Agreement") refers to all of Wanelo's sites, applications, tools and services collectively as our "Services." This Agreement and all policies and additional terms on and in our Services set out the terms on which Wanelo offers you access to and use of our Services. All policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this Agreement. By using our Services, you agree to comply with all terms of this Agreement.
This Agreement contains terms that govern how we resolve claims you and we might have against each other (see "Disclaimer of Warranties; Limitation of Liability" and "Legal Disputes" provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). If you do not opt out of the Agreement to Arbitrate (1) you will be permitted to pursue claims against us or our agents only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will be permitted to seek relief (including monetary, injunctive, and declaratory relief) only on an individual basis.
We may make changes to this Agreement or our Services at any time, and we will post the amended terms with 30 days' notice at https://wanelo.co.
You agree to review this page, https://wanelo.co/about/terms, each time you visit our Site to identify if the Agreement has changed since the last time you visited the Site (as you can determine from the "Last modified on" date listed above). By proceeding to use the Services after we update the Agreement you thereby agree to any amendments to the Agreement. We may also ask you to acknowledge your acceptance of this Agreement through an electronic click-through. No other amendments to this Agreement shall be valid except through mutual written agreement by you and a duly authorized Wanelo representative.
This Agreement governs all transactions through Wanelo's Services. Terms and conditions of the other businesses with which you interact through the Wanelo checkout system may also govern those interactions, binding you and the relevant businesses but not Wanelo. Wanelo will inform purchasers when an order is placed with a third-party business, however, each third-party business shall have discretion to accept an order and to allow or deny changes to an order. The terms and conditions of the third-party business may be listed on that third-party's seller page, or else obtained by contacting that business. In the event of any conflict between the third-party business' terms and this Agreement, this Agreement will control.
We may provide guidance as part of our Services, such as pricing, shipping, listing, and sourcing, but that guidance is solely informational and you may decide to follow it or not. Although we may help facilitate the resolution of disputes, Wanelo has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
2. Using Wanelo
In connection with using or accessing the Services you agree that you will not:
- List, post, or upload content or items in inappropriate categories or areas on our sites;
- Violate or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
- Use our Services if you are temporarily or indefinitely suspended from using our Services, or are not able to form legally binding contracts (for example, if you are under 18 years old);
- Fail to pay for items purchased by you, unless you have a valid reason as set out in an Wanelo policy;
- Fail to deliver items sold by you, unless you have a valid reason as set out in an Wanelo policy;
- Manipulate the price of any item or interfere with any other user's listings;
- Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- Transfer your Wanelo account or user ID to another party without our consent;
- Post or distribute spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- Upload or distribute viruses or any other technologies that may harm Wanelo or the interests or property of users;
- Employ or use any robot, crawler, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Wanelo;
- Interfere with the functioning of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- Violate any export control laws of any relevant jurisdictions with any component of Wanelo's Services;
- Infringe any of Wanelo's copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") or any Intellectual Property Right licensed to Wanelo;
- Infringe any third party's Intellectual Property Rights by your use of the Services, or post content that does not belong to you;
- Commercialize any Wanelo Service, including any application or any information or software associated with such application, without the prior express permission of Wanelo;
- Collect or compile information about users without their consent; or
- Circumvent any technical measure used to provide the Services.
You must provide current, complete, and accurate information for your processing of your payment. You must promptly update all information to keep your payment valid, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your form of payment is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your personal information.
Sellers must agree also to comply with Wanelo's Merchant Terms of Service. Failure to meet these terms may result in Wanelo charging you additional fees, and/or limiting, restricting, suspending, terminating, or downgrading your seller account.
We may, in our sole discretion, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
Wanelo may from time to time offer credits to existing users who refer new users to the Service using the invitation codes that Wanelo provides them. Wanelo may also make credits available to new users using those invitation codes. Wanelo may determine the credits, their conditions or requirements, and their amount or duration in its sole discretion and may modify or terminate the credits or the program at any time, even without notice to you. Furthermore, Wanelo reserves the right to limit the number and/or amount of credits that may be earned with respect to any existing user with or without notice to you. To be eligible for a credit (whether granted to an existing user or new user), the new user must be an individual that has never registered for the Service and must be using a mobile device via the Wanelo App (not the web) for sign-up and the mobile device being used must not be associated with an existing Wanelo account. You agree that any credit (1) cannot be traded for cash or any other service; (2) may not be sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless Wanelo expressly permits it; (3) cannot be acquired via public distribution where you are a contributor but not the primary content owner (e.g. coupon websites); (4) may expire prior to your use; (5) may be voided or deducted by Wanelo at any time for any reason without liability to Wanelo, if Wanelo believes in its sole discretion that such credits resulted from fraud or other misuse of the Referral Program or the Service. If your account has been suspended or terminated, your credits from the Friend Referral Program will be voided.
3. Child Online Protection Act Compliance
Wanelo does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Wanelo or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com.
4. Enforcement and Discretion
When a buyer or seller dispute or problem arises, we may consider the user's history and the specific circumstances when applying our policies, and we may apply policies flexibly in our judgment.
Wanelo may terminate unconfirmed accounts or accounts that have been inactive for a long time.
We reserve the right to refuse, modify, or terminate all or part of our Services to anyone, for any reason, at our sole discretion.
5. Fees, Payments, and Taxes
Please reference section 3 of our Wanelo's Merchant Terms of Service.
6. Listing and Selling Conditions
By listing an item for sale on Wanelo Services, you agree to comply with Wanelo's Merchant Terms of Service. You further agree that:
- You are responsible for the accuracy and content of your listing and the item offered;
- Your listing may not be immediately searchable, or may not be searchable at all in some instances;
- Wanelo can't guarantee exact listing durations;
- Content that violates any of Wanelo's policies may be modified, obfuscated or deleted at Wanelo's discretion;
- We may revise or omit product data associated with listings to supplement, remove, or correct information;
- In order to ensure buyers find what they are looking for, the appearance or placement of listings in search and browse results may depend on a variety of factors, including, but not limited to: the buyer's location, search query, browsing site, and history; the item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; the seller's history, including listing practices, Wanelo policy compliance, feedback, and defect rate; and the number of listings matching the buyer's query;
- To ensure a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer;
- Duplicate listings may also be omitted from search results; and
- Metatags and URL links that are included in a listing may be removed or altered in order to not affect third-party search engine results.
You agree that, by getting Wanelo's Services for free, you grant Wanelo the right to work with you to promote your business and/or products on Wanelo's platform. This right covers all promotional activities of any kind involving the Services.
7. Purchasing Conditions
By buying an item on Wanelo Services, you agree that:
- You are responsible for reading the full item listing before making a purchase;
- You enter into a legally binding contract to purchase an item when you commit to buy an item;
- Wanelo does not transfer legal ownership of items from the seller to the buyer; and
- Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
Under the Wanelo Guarantee, if you do not receive the item you ordered, Wanelo will cover the full cost of your order, including shipping. Your order is protected if you notify us within 3 days of your delivery of any misrepresentation or damage to your order. More information and terms for the Wanelo Guarantee is here.
Wanelo will provide you with a confirmation email that your order is received and is being processed. Once your order has been processed with the third-party business, Wanelo will provide you a confirmation email that your order has been processed and accepted by the third-party business. Wanelo may or may not provide you with an estimate of when your order will be shipped and/or delivered. Shipping and delivery are 100% within the discretion and control of each of the third-party businesses. Any estimates Wanelo may provide you with respect to shipping and/or delivery are simply estimates, and you should not rely on the estimates. Please read the confirmation emails you receive from Wanelo for additional information on how to contact the third-party business for additional information on the status of your order, shipping and delivery. These emails also contain instructions on the best ways to contact Wanelo to help with any questions about your order.
Each third-party business on Wanelo has its own return and refund policy. The terms and conditions of each third-party business governs each order you make from that business, including but not limited to, if returns or refunds are accepted and under what conditions; whether you are responsible for additional shipping costs associated with any returns; and whether you will be entitled to a full refund, partial refund, credit, or anything at all. You acknowledge and accept that Wanelo has no involvement or control over whether you will be permitted to return any order or portion thereof, or whether you will be permitted any refund or credit for any order or portion thereof. You agree to look only to the third-party business from which you ordered for conditions on returns. You can obtain the return policy for a third-party business by clicking on the business's "store" and then clicking on its "return policy," or by contacting the business directly. The terms and conditions of each third-party business govern whether you can cancel an order once payment is made, although for customer service reasons Wanelo may also determine at its discretion whether you can cancel an order once payment is made.
Wanelo uses a third-party payment processor (the "Payment Processor") to allow you to pay for products you purchase through the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. Wanelo is not responsible for errors by the Payment Processor. By choosing to purchase goods through the Services, you agree to pay through the Payment Processor all charges at the prices then in effect for your purchase in accordance with the applicable payment terms. You authorize Wanelo, through the applicable Payment Processor, to charge your payment provider. Please be aware that items you are charged may include shipping fees and state and local sales tax. For each purchase, you grant Wanelo the right to revise charges and correct any errors or mistakes that are made regarding the purchase price of your order, even where Wanelo has already received payment from you. For example, in some instances, Wanelo will charge you estimated State and local sales tax, and it may adjust the sales tax charge as appropriate. You agree that (i) each order through the Services are purchases between you and the third-party business, and not with Wanelo; (ii) Wanelo is not a party to your payment transaction for such purchases; and (iii) Wanelo is not a buyer or a seller in any transactions.
8. Information or Content You Provide
When you provide information or content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that information or content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that information or content against Wanelo, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that information or content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such information or content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such information or content is accurate. You represent and warrant that use of any such information or content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Wanelo takes no responsibility and assumes no liability for any information or content provided by you or any third party.
We may offer product data (including images, descriptions and specifications) that are provided by third parties (including Wanelo users). You may use that data solely in your Wanelo listings. Wanelo may modify or revoke that permission at any time in our sole discretion. The product data may include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data, other than by including the data in your listings.
We try to offer reliable product data, but cannot promise that the information and content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Wanelo is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that information and content directly associated with your listings is accurate.
The name "Wanelo" and other Wanelo marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Wanelo in the U.S. and other countries. They may not be used without the express written prior permission of Wanelo.
9. Notifications of Claimed Copyright Infringement
We respond to notices of claimed copyright infringement pursuant to the United States Digital Millennium Copyright Act. If you believe that your intellectual property rights have been infringed, please notify us.
Wanelo has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act: Wanelo will terminate, in appropriate circumstances, subscribers or account holders who are repeat copyright infringers. The address of Wanelo's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is at the end of this Section.
If you believe that material or content residing on or accessible through the Services infringes one of your copyrighted works, please send a notification of claimed infringement to Wanelo's Designated Agent to Receive Notifications of Claimed Infringement by mail at Wanelo, Inc. ATTN Claim Notification Agent, 548 Market Street #38767, San Francisco, CA 94104, or by email at: firstname.lastname@example.org.
Wanelo may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Wanelo or its agents for quality control and training purposes, or for its own protection.
Wanelo’s TCPA Policy:
For wireless calls and texts, Wanelo will not make:
- Telemarketing calls before 8 a.m. or after 9 p.m. based on your time zone.
- Telemarketing calls and texts to numbers on the DNC Registry.
- Telemarketing calls and texts to numbers on a company's internal DNC list developed from consumers who requested not to receive calls from that company.
- Telemarketing calls and texts using artificial or prerecorded voice recordings without receiving your prior express written consent.
- Telemarketing calls and texts using ATDS without receiving your prior express written consent.
- Informational calls and texts using artificial or prerecorded voice recordings without receiving your prior express consent.
- Informational calls and texts using ATDS without receiving your prior express consent.
You understand that you are not required to provide your consent to receive automated phone calls or text messages as a condition to using the Services. When you opt in, you will receive a welcome confirmation message via text. You may reply "HELP" for assistance and "STOP" to unsubscribe. You also may revoke your consent at any time by emailing Wanelo at email@example.com. You may opt back in at any time through the online signup form or replying "START" to the text you received confirming you have unsubscribed.
For questions, please contact Wanelo at firstname.lastname@example.org.
11. Privacy of Others; Marketing
You agree that if Wanelo provides you with information about another user, you will use the information only for the purposes that it is provided to you. You may not distribute, disclose, sell, or rent a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use any user information for marketing purposes unless you obtain the consent of the specific user to do so.
12. Limitation of Liability, and Disclaimer of Warranties
We endeavor to keep our Services convenient, secure, and functional, but we cannot guarantee continuous operation of, or access to, our Services. Notification functionality in Wanelo's Services may not occur in real time and is subject to delays beyond Wanelo's control.
You agree that you use our Services at your own risk, and that you use our Services on an "AS IS" and "AS AVAILABLE" basis. ACCORDINGLY, TO THE EXTENT APPLICABLE LAW PERMITS, WE EXCLUDE ALL IMPLIED OR EXPRESS WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
In addition, to the extent applicable law permits, you agree that we (including any subsidiaries and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- The information or content you provide (directly or indirectly) using the Services;
- your use of our Services or your inability to use our Services;
- guidance provided by Wanelo, including but not limited to pricing, shipping, or format;
- delays or disruptions to our Services;
- viruses or other malicious software obtained by accessing or connecting to our Services;
- bugs, errors, glitches, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Wanelo Service;
- the information, content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account;
- the duration or manner in which your listings appear in search results as set out in the Listing and Selling Conditions section above; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so if you reside in such a jurisdiction, such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Wanelo Guarantee up to the price the item sold for on Wanelo (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
In the event of a dispute between you and one or more other users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You agree that you will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, liability, judgment, damages, costs, or cause of action, by any third party arising out of your breach of this Agreement, your improper use of Wanelo's Services, or your breach of any law or the rights of a third party.
15. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WANELO HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Wanelo agree to resolve, in accordance with the provisions in this section, all claims and disputes at law or equity that have arisen, or may arise, between you and Wanelo (including any claim or dispute between you and a third-party agent of Wanelo) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of Wanelo or its agents, or any products or services sold or purchased through the Services.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Wanelo, except as otherwise stated in this Agreement.
B. Agreement to Arbitrate
You and Wanelo each agree to resolve all disputes or claims that have arisen, or may arise, between you and Wanelo (including any disputes or claims between you and a third-party agent of Wanelo) that relate in any way to or arise out of this or previous versions of this Agreement, your use of or access to the Services, the actions of Wanelo or its agents, or any products or services sold, offered, or purchased through the Services exclusively through final and binding arbitration, rather than in court. In the alternative, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WANELO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND WANELO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Wanelo's right to appeal the court's decision. All other claims must be arbitrated.
2. Arbitration Procedures
Arbitration is more informal than a lawsuit in court, and it uses a neutral arbitrator instead of a judge or jury. Court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the Judicial Arbitration and Mediation Services, Inc. ("JAMS") under its rules and procedures, including JAMS' consumer arbitration rules (as applicable), as modified by this Agreement to Arbitrate. The JAMS rules are available at: https://www.jamsadr.com.
The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration. JAMS' rules will govern the number of arbitrators that may preside over an arbitration under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed notice of dispute ("Notice"), which must include the following information:
- Your full legal name;
- Your Wanelo User Name;
- Your telephone number;
- Your email address corresponding to your Wanelo account, and any other email address you would like to be contacted at;
- Your mailing address;
- A brief description of the nature of your dispute;
- Any supporting documents concerning your dispute;
- A brief description of the relief you would like from Wanelo; and
- Your signature and the date you prepared the Notice.
The Notice to Wanelo should be sent to Wanelo, Inc., Attn: Legal, Re: Notice of Dispute, 548 Market Street #38767, San Francisco, CA 94104. Wanelo will send any Notice to you to the physical address we have on file for your Wanelo account; it is your responsibility to keep your physical address up to date.
If you and Wanelo are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Wanelo may initiate arbitration proceedings according to the JAMS rules at: https://www.jamsadr.com.
The arbitration hearing shall be in the county in which you reside or at another mutually agreed location within the United States. If the relief sought is worth $10,000 or less, you or Wanelo may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Wanelo subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing occurs, you and/or Wanelo may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator shall decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and shall honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but shall be bound by rulings in prior arbitrations involving the same Wanelo user to the extent required by applicable law. The arbitrator's award shall be final and binding. The prevailing party may enter judgment on the award rendered by the arbitrator in any court having jurisdiction thereof.
3. Costs of Arbitration
JAMS' rules will govern payment of all filing, administration and arbitrator fees, unless otherwise stated in this Agreement to Arbitrate. If the relief sought is worth $10,000 or less, at your request, Wanelo will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Wanelo should be submitted by mail to JAMS along with your initial demand for arbitration, with a copy to Wanelo, Inc., Attn: Legal, Re: Arbitration Fee Request, 548 Market Street #38767, San Francisco, CA 94104, and Wanelo will make arrangements to pay all necessary fees directly to JAMS. If (a) you willfully fail to comply with the Notice requirement discussed above, or (b) the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you must reimburse Wanelo for all fees associated with the arbitration paid by Wanelo that you otherwise would be obligated to pay under JAMS' rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
5. Opt-Out Procedure
IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO: WANELO, INC., ATTN: LEGAL, RE: ARBITRATION OPT-OUT NOTICE, 548 MARKET STREET #38767, SAN FRANCISCO, CA 94104.
In order to opt-out of the arbitration provision, your opt-out notice must include the following information:
- Your full legal name;
- Your Wanelo User Name (if applicable);
- Your telephone number;
- Your email address corresponding to your Wanelo account, and any other email address you would like to be contacted at;
- Your mailing address (and residence address, if different);
- The date on which you contend you first used any Wanelo Service;
- Your signature and the date you prepared the Notice.
You must complete and mail the Opt-Out Notice to us to opt out of the Agreement to Arbitrate, and you must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
6. Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Wanelo prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Wanelo. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on: https://wanelo.co/about/terms at least 30 days before the effective date of the amendments, and we may also opt to provide notice through additional means, such as by providing notice by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
C. Judicial Forum for Legal Disputes
You agree that, unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, any claim or dispute that has arisen or may arise between you and Wanelo must be resolved exclusively by a state or federal court located in San Francisco County, California. You and Wanelo agree to submit to the exclusive jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
16. Bug Bounty Program
Your participation in the Bug Bounty Program is voluntary. By informing Wanelo about a vulnerability, you acknowledge and agree that you have read and agreed that your participation is subject at all times to this Agreement, and specifically the terms and conditions set forth on this section of the Agreement ("Program Terms"). Any submission you make to Wanelo, whether by the Bug Bounty Program or otherwise, will be considered a "Submission".
The Bug Bounty Program, including without limitation the Program Terms, is subject to change or cancellation by Wanelo at any time, with or without notice. Wanelo may amend these Program Terms and/or the Bug Bounty Program at any time by posting a revised version on its website. By continuing to participate in the Bug Bounty Program after any changes, you accept the Bug Bounty Program and Program Terms as modified.
You are not eligible to participate in the Bug Bounty Program if you are (i) a resident of, or make your Submission from, a country against which the United States has issued export sanctions or other trade restrictions (e.g., Cuba, Iran, North Korea, Sudan and Syria); (ii) employed by Wanelo or any of its affiliates; (iii) an immediate family member of a person employed by Wanelo or any of its affiliates; or (iv) less than 18 years of age. If (i) you fall under any of the descriptions above; (ii) you breach any of these Program Terms or any other agreements you have with Wanelo or its affiliates; or (iii) Wanelo determines that your participation in the Bug Bounty Program could adversely impact Wanelo, its affiliates or any of their users, employees or agents, Wanelo, in its sole discretion, may remove you from the Bug Bounty Program and/or disqualify you from receiving any benefit of the Bug Bounty Program.
You hereby grant to Wanelo and its affiliates a perpetual, irrevocable, worldwide, royalty-free, transferrable, sublicensable (through multiple tiers) and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create derivative works from, make, use, sell, offer for sale and import your Submissions, and any materials you submit, for any purpose. You should not send us any Submission that you do not wish to license to us.
You hereby represent and warrant that all Submissions are original to you and you own all right, title and interest in them. Also, you hereby waive all other claims of any nature arising out of any disclosure of Submissions to Wanelo. In no event shall Wanelo be precluded from discussing, reviewing, developing for itself, having developed, or developing for third parties, materials that are competitive with those in your Submissions irrespective of their similarity to the information in the Submission.
You may be eligible to receive a monetary reward if: (i) you are the first person to submit information about a particular vulnerability relating to Wanelo or its Services; (ii) that vulnerability is verifiable, replicable, and determined to be a valid security issue by Wanelo in its sole discretion; and (iii) you are in compliance with the Program Terms.
Wanelo will determine bounty payouts, if any, in its sole discretion. Wanelo is not obligated to provide a payout for any Submission. The format, currency and timing of all bounty payouts shall be determined by Wanelo in its sole discretion. For example, Wanelo may give you one (1) payout in-full or a partial payout when the vulnerability is first verified followed by an additional payout once the vulnerability has been fixed. You are solely responsible for any tax implications related to any bounty payouts you may receive.
You agree to hold in strictest confidence, and neither to disclose nor to use, any information you receive or collect about Wanelo, its affiliates or any of their users, employees or agents in connection with the Bug Bounty Program ("Confidential Information"). You may not use, disclose or distribute any such Confidential Information, including without limitation any information regarding your Submission, without Wanelo's prior written consent.
Except as otherwise provided in this Agreement, if any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this Agreement, and in such event, we will post notice on https://wanelo.co.
Headings do not limit the scope or extent of a Section, and are for reference purposes only.
Our failure to act with respect to a breach by you or others does not limit or waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may change the policies and terms posted on our Services at any time. Changes take effect when we post them on the Wanelo Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of that entity and bind the entity to this Agreement. The business entity owns and controls that account. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship with Wanelo may be inferred or created by this Agreement.
This Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and Wanelo, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.