You must read and agree to our Terms of Use (the “Agreement”) because it forms the binding contract between you and Wendo Match. However, we’ve provided this short summary for your convenience (with capitalized terms defined in the Agreement).
1. Acceptance of Terms of Use Agreement.
By creating a Wendo Match account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Cookie Policy, Arbitration Procedures (if applicable to you), Safety Tips, and Community Guidelines, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on wendomatch.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
2. Eligibility
You are not authorized to create an account or access or use the Service or systems it resides on unless all of the following are true:
- you are at least 18 years of age.
- you can form a binding contract with Wendo Match,
- you are not a person who is barred from using the Service under the laws of the Republic of Kenya or any other applicable jurisdiction
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
- you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Your Account
In order to use Wendo Match, you may sign in using a number of ways, including by Facebook login. If you choose to use your Facebook login, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile. For
more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Wendo Match, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.
4. Modifying the Service and Termination.
Wendo Match is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
The easiest way to terminate your account is to follow the instructions under “Settings” in the Service. Wendo Match may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.
5. Safety-Your Interactions with Other Members.
Though Wendo Match strives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, Wendo Match is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WENDO MATCH DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. WENDO MATCH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.
6. Rights
Wendo match grants you the right to use our Service as authorized and permitted by this Agreement. See the Agreement for a full list of actions you agree not to take. You grant Wendo Match the right to display your profile and Content for the limited purpose of Wendo Match operating the Service and researching and developing new ones.
7. In App Purchases.
Wendo Match may offer services for purchase through mobile platforms. Those purchases are governed by the terms of the platforms. Most purchases are not refundable and certain services only grant you a specified license, as further described in the Agreement.
8. Copyright
If you believe your work has been posted on the Service in violation of your copyright, please send a notice to our Copyright Agent following instructions in the Agreement.
9. Disclaimers
Our Service is provided “as is,” and we disclaim legal liability for the quality, safety, or reliability of our Service.
10. Limitation of Liability.
To the extent allowed by law, we limit our liability to you for certain types of damages for claims relating to your use of the Service, the conduct of other users and unauthorized access or use of your content. Our aggregate liability will not exceed the fees you pay us.
11. Arbitration.
Our Agreement contains a mandatory arbitration clause.
12. Governing Law; Venue.
The Constitution of Kenya (2010) and all relevant statutes shall apply to this Agreement.
13. Indemnity.
You agree to indemnify us for actions arising out of your use of the Service, your Content or your violation of this Agreement.
14. Disclaimers.
WENDO MATCH PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WENDO MATCH DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
WENDO MATCH TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
15. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Wendo Match is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Wendo Match is not responsible or liable for such third parties’ terms or actions.
16. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Wendo Match, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
17. Entire Agreement; Other.
This Agreement, which includes the Privacy Policy, Cookie Policy, the Safety Tips, Community Guidelines and the Arbitration Procedures (if applicable to you), and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Wendo Match regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Wendo Match to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Wendo Match account is non-transferable and all of your rights to your account and its content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Wendo Match in any manner.
