These Terms and Conditions of Service were last updated on the following date: [13th August 2009]
This document relates to the following domains owned and operated by Where Are You Now? Ltd:
- wayn.com
- wayn.net
- wayn.org
- wayn.co.uk
- wayn.eu
- whereareyounow.com
- whereareyounow.net
- whereareyounow.org
- whereareyounow.co.uk
- whereareyounow.eu
- waynlist.com
- waynlist.eu
1. Introduction
This Agreement is a legal document which sets out your rights and obligations, and those of Where Are You Now Limited, a company registered in England under registration no. 04544830 ("Where Are You Now", "WAYN", "we" or "us"), in relation to this site and the services offered by WAYN through it (the "WAYN Service"). You must take the time to read and understand it. By using our website or registering for the WAYN Service, you agree to the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 26 below.
2. Types of membership People who register for the WAYN Service become "Members". They must be at least 18 years of age. The Membership divides between those who have paid to be upgraded to the VIP Membership service and thus become a fully subscribed member (which we call "VIP Members"), and those who do not ("Standard Members").
Standard Members may:
- Post their name and some other details in the contacts page,
profiles page and other editable pages on the WAYN Service;
- Send messages to any other WAYN members and / or contacts whose
email addresses they know and have themselves added to the WAYN Service
manually or by means of a directly incorporated list of email addresses
- Receive and send messages throught their WAYN mailbox;
- Receive our newsletters
and emails
- Send "Say Hello" messages to other Members from the WAYN
Service
- Navigate all parts of the WAYN Service, but excluding the parts that
are reserved to VIP Members
- Access unlimited picture and video storage1
- Post free messages on the WAYN Travel Guide service
- Read content on the WAYN Service's Chatboards and add postings to
Chatboards
- Send unlimited e-cards
- Use the "WAYN Instant Messenger" service
- Access our "Browse Location Matches" service
- Access the "Who's viewed your profile" pages
- Use advanced searching tools
In addition to the facilities available to Standard Members, VIP Members may:
- Choose to be invisible when viewing a profile*
- Additional Interaction Options including appearing online or offline*
- Benefit from priority support response from the WAYN Support Team
(including pictures approval)*
- Enter VIP competitions to win trips to the world's top
destinations
- Access an exclusive range of emoticons
- Gain preferential positioning on WAYN service at the top of all search results*
- Receive 100 FREE International2 SMS messages*
- Access an additional range of profile skins
- Create personal mail alerts
- Access deals, discounts and competitions
- Switch off site advertising on WAYN.com*
- Create private VIP chatboards*
We reserve the right to make any Standard Member feature a VIP Member Feature, or vice-versa. No VIP Member will be entitled to any refund of Membership fees in such circumstances.
If a VIP member has not logged onto WAYN within 30 days after his last login, the benefits 'Stand out from the crowd on search results', currently mentioned as 'Top Positioning in Search Results & Who's Around' will not apply untill their next login.
If a VIP member has not yet uploaded/set a profile photo, the benefits 'Stand out from the crowd on search results', currently mentioned as 'Top Positioning in Search Results & Who's Around' will not apply until they upload a profile photo.
Please note that those aspects of the WAYN Service that have an asterisk* against them are what we refer to as "Integral Services": if we remove any of our Integral Services, VIP Members may be entitled to a refund of part of their VIP Membership fee, as the case may be (see Clause 15(iii) for details); but we may remove all or any of the non-Integral Services from the WAYN Service, either on a temporary or permanent basis, without making any refund.
We are not an internet service provider; in order to use the WAYN Service, you must have internet access and all the software (and skills) required for email and web usage.
3. Important Note: VIP Membership
If you become a VIP Member and pay a Membership fee, you are agreeing to take the Membership subscription we make available to you shortly after that fee is paid. A cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000 does not apply to VIP Memberships.
If your VIP membership was paid by SMS. To cancel auto-renew billing at anytime reply to the billing SMS you receive, with the word STOP (if you are in United Kingdom, Belgium, Spain and Norway), or reply with the word EXIT (if you are in Sweden, Netherlands, Finland, Denmark, Ireland, Germany).
If your VIP membership was purchased via credit/debit card or other online payment method; we will notify Members within 14 days of their membership renewal date (if the Membership fee is going to increase). Each notification will include the date when renewal is to take place, and the Membership fee that will apply for the next period.
If you do not wish to proceed with automatic renewal of your VIP Membership, you will be able to prevent this by changing your account settings within 'My Account' or by sending an email to support@wayn.com - provided you do this at least 24 hours before the renewal time referred to in the renewal notice(s) you receive from us.
4. Registration
You undertake to register for the WAYN
Service using accurate and current information about yourself - including
your correct name, email address and any other requested details. You also
undertake only to add yourself to a location on the WAYN Service which you
have either visited, are currently visiting, or plan to visit in the
future. It is the user's responsibility to maintain accurate information
regarding their contact and location details, for example: hotel and
flight details, as well as timings.
During registration, you may select a WAYN Username which will be associated with your WAYN membership. This Username can be used as a method of linking to your profile, as a shortcut for logging into the WAYN Service, and for other uses that we may make available for Usernames. Each Username must be of at least 5 characters in length and only contain simple numbers and the basic 26 characters of the English alphabet (A to Z).We maintain a reserved list of keywords which may not be used as WAYN Usernames. This list is updated from time to time, and accordingly we reserve the right to revoke the use of a Username previously selected by a member. This may be because we feel the Username is inappropriate, or that it is a special keyword which is required for other business uses, or for other reasons; we are under no obligation to disclose to you our reasons for revoking your use of a specific Username. Subject to the above, you may change or update your Username at any time from the Account Settings screen when logged in to your WAYN Membership account.
The content of the profile you provide on registration for the WAYN Service, as subsequently amended and added to, will be available to all Members of and visitors to the WAYN Service, unless you specify in the Privacy options for your WAYN Service account that you wish your profile only to be viewable by either Members or friends.
The fact that your WAYN profile has been added or updated, as well as a short extract from the title page of your WAYN profile, may be automatically notified to third party tracking websites/weblogs (thus increasing the traffic to the WAYN Service, and potentially to your own WAYN profile). This can also be prevented by specifying (Interaction options within 'My Account') that you wish your profile only to be viewable by either Members or friends. If you do so, this will prevent subsequent notifications to third party tracking websites/weblogs, but notifications prior to the time when you make the change to your profile's Interaction options may continue to appear on those websites/weblogs.
WAYN profiles may be searchable through third party web-sites with which we partner - such as sites for which we provide a social network service. Again, if you want to prevent your profile appearing in this kind of search, you can specify that your profile should only be viewable by either Members or friends (in the Interaction options).
5. Website Access
I. WAYN grants you permission to use
the WAYN Service as set out in this Agreement, provided that:
- You may use the WAYN Service solely for your personal, noncommercial
use;
- You will not copy or distribute any part of the WAYN Service in any
medium without WAYN's prior written authorisation;
- You will not alter or modify any part of the WAYN Service other than
as may be reasonably necessary to use the WAYN Service for its intended
purpose;
- You otherwise comply with this Agreement.
II. You
agree not to use or launch any automated system, including (without
limitation) any "robots," "spiders," or "offline readers", that access
the WAYN Service in a manner that sends more request messages to the WAYN
Service's servers in a given period of time than a human can reasonably
produce in that period by using a conventional web browser.
Notwithstanding the foregoing, WAYN grants the operators of public search
engines permission to use spiders to copy materials from the site for the
sole purpose of creating publicly-available searchable indices of the
materials, but not caches or archives of such materials. WAYN reserves the
right to revoke these exceptions either generally or in specific cases.
6. WAYN Credits (Credits)
WAYN Credits are credits that Members can purchase from us ("Purchased WAYN Credits"). WAYN Credits can be used to obtain certain virtual products and services offered by us on the WAYN Service ("Qualifying WAYN Products"), but cannot be used outside the WAYN Service or for products or services offered by third parties.
Qualifying WAYN Products may include:
- Sending virtual gifts
- Sending say hello messages
- Giving other members "Super Rates"
We reserve the right to add to, amend or withdraw products and services from the list of Qualifying WAYN Products. However, we will give at least 28 days notice before withdrawing a WAYN product or service from that list by posting the change in the "Credits" section of the WAYN Service. If you have Purchased WAYN Credits, and we have not provided a reasonably-acceptable alternative Qualifying WAYN Product to one that is being withdrawn, then (if you make a request in writing for such a refund before the end of the above-mentioned 28-day period) you may obtain a refund of the value of your remaining unexpired Purchased WAYN Credits (pro-rated by deducting the WAYN Credits used to date from the total WAYN Credit value of the originally Purchased WAYN Credits). Your Purchased WAYN Credits will lapse in that event.
A current list of Qualifying WAYN Products is available in the "Credits" section of the WAYN Service.
Free WAYN Credits
The types of activities through which you may earn Free WAYN Credits include but are not restricted to:
- Completing your profile
- Adding a profile photo to your WAYN profile
- Adding videos to your WAYN profile
- Creating trips in your WAYN profile
- Adding photos to your WAYN profile
- Writing reviews
- Adding Blogs to your WAYN profile
A current list of the activities and the Free WAYN Credits that can be gained for completing each activity is available from the "Credits" section of the WAYN Service. Note that only activities started and completed after the date when the WAYN Credits scheme is introduced (17th July 2009) qualify for Free WAYN Credits.
The types of status levels through which you may earn more Free WAYN Credits than other members include:
- Bronze status: you own 1,000 – 4,999 Credits and earn 2 times more Credits than members that own less than 1,000 Credits.
- Silver status: you own 5,000 – 9,999 Credits or more and earn 3 times more Credits than members that own less than 1,000 Credits.
- Gold status: you own 10,000 Credits or more and earn 4 times more Credits than members that own less than 1,000 Credits.
- VIP status: you have upgraded your WAYN account to a WAYN VIP account, earning 5 times more Credits than members that own less than 1,000 Credits.
WAYN reserves the right to add an expiry to the free WAYN Credits.
Free WAYN Credits may not be converted into cash and have no equivalent cash value.
Purchased Credits
All Purchased WAYN Credits are available for use for no more that 180 days after the date when they are purchased. If you do not use your Purchased WAYN Credits within this period, they will expire. Purchased WAYN Credits are available on a "use it or lose it" basis.
If you obtain Purchased WAYN Credits, you and we are agreeing that those Purchased WAYN Credits will be made available to you shortly after you make payment for them. A cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000 does not apply to Purchased WAYN Credits, and therefore.
Expiry of WAYN Credits
We will attempt to contact you via your WAYN Mailbox and/or by email to the email address you have registered with us to warn you of the impending expiration of your WAYN Credits; we will do this approximately 14 days in advance of the expiry of the relevant WAYN Credits.
WAYN will not be have any responsibility or liability for the loss of WAYN Credits if this warning contact or email is not received for any reason whatsoever, which may include (but is not limited to):
- Your email address having changed
- Spam filters
- Other technical problems outside our direct control.
In respect of Purchased WAYN Credits only: if a Member's use of WAYN is suspended or terminated in accordance with this Agreement, then (if so requested in writing by the relevant Member within 14 days after the suspension of termination) we will refund to the Member any remaining unexpired Purchased WAYN Credits proportionately (pro-rated by deducting the WAYN Credits used to date from the total WAYN Credit value of the originally Purchased WAYN Credits), less an administrative fee of ONE POUND for transactions made in GBP; ONE DOLLAR for transactions made in USD; or 1 EURO for transactions made in EUROS. Transactions made in any other currency will incur an administrative fee of 10% of the price originally paid for the Purchased WAYN Credits. The Member's Purchased WAYN Credits will lapse in this event.
7. Intellectual Property Rights
The content of the WAYN
Service, except all User Submissions (as defined below), including without
limitation, the text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks") and all copyright
subsisting therein, are owned by or licensed to WAYN, and protected by
United Kingdom and foreign laws and international conventions. Save for
specific User Submissions that you personally have made, as between you
and WAYN all intellectual property rights subsisting in and in relation to
User Submissions (including, without limitation, compilations of User
Submissions) are owned by WAYN. You agree not to circumvent, disable or
otherwise interfere with security related features of the WAYN Service or
features that prevent or restrict use or copying of any Content.
8. User Submissions
(i) The WAYN Service may now or in
the future permit the submission of videos, music or other communications
submitted by you and other users ("User Submissions") and the hosting,
sharing, and/or publishing of such User Submissions.
(ii) You
shall be solely responsible for User Submissions made by you or through
your WAYN Service account ("Your User Submissions") and the consequences
of posting or publishing them, and in respect of Your User Submissions,
you:
- grant us a non-exclusive, royalty-free, irrevocable and perpetual
licence to copy, modify, distribute, show in public and create
derivative works from Your User Submissions both as part of the WAYN
Service and otherwise, in any form, anywhere; including (without
limitation) (a) on third party sites and services that link to the WAYN Service or through which WAYN profiles are searchable, and (b) for promoting the WAYN Service (and derivative works
thereof) in any media formats and through any media channels;
- represent and warrant that you are fully entitled to grant that
licence;
- undertake that you have the written consent, release, and/or
permission of each and every identifiable individual person in Your User
Submissions to use the name or likeness of that person to enable the
inclusion and use of Your User Submissions in the WAYN Service, and the
exploitation by us of Your User Submissions in the manner contemplated
by this Agreement; and
- authorise us to adapt Your User Submissions, and so waive (or
undertake that you have procured an effective waiver of) all so-called
"moral" rights to object to any derogatory treatment of Your User
Submissions, or to be identified as their author.
You also hereby grant each user of the WAYN Service a non-exclusive license to
access Your User Submissions through the WAYN Service, and to use,
reproduce, distribute, prepare derivative works of, display and perform
Your User Submissions.
Your User Submissions include the Content of your WAYN profile.
9. Privacy Policy
WAYN's Privacy Policy forms
part of this Agreement, and by agreeing to this Agreement, you also give
your consent to the way we may handle your personal data in that policy.
Given the global nature of the World Wide Web, any posting on the WAYN
Service (including any which contains personal information) is, of course,
accessible to internet users around the world.
10. WAYN's Role
You acknowledge that we are not and
cannot be responsible for the behaviour of or material contributed by
Members - whether on the WAYN Service (such as by way of User Submissions)
or outside of it. We only provide a venue where the WAYN Service may be
accessed. In particular, you should be aware that WAYN does not generally
pre-screen or monitor the material contributed by Members (such as User
Submissions).
11. Additional services
WAYN or its affiliates may offer
new or additional services through the WAYN Service from time to time.
Your use of those services may be subject to additional terms and
conditions, or rules of use, which you must comply with, and potentially
additional fees (which you must pay). Any failure by you to comply with a
material provision of the terms or rules governing those services, or to
pay any relevant additional fees, will amount to a breach of this
Agreement.
12. Operation of the WAYN Services
WAYN reserves the
right to withdraw or modify one or more aspects of the WAYN Service where
we have serious legal or technical reasons to do so (including technical
difficulties experienced by Where Are You Now or on the Internet). There
may be times when the WAYN Service becomes unavailable, whether on (a) an
unscheduled basis, because of technical problems (in which case we will
use reasonable skill and care to overcome the problems we encounter, where
they are within our control), or (b) a scheduled basis (which we will
strive to conduct at times that are reasonably convenient to the bulk of
the Membership, in our reasonable discretion). For security or other
reasons, we may require you to change password or other information which
facilitates access to the WAYN Service.
13. Misuse of the WAYN Service
We reserve the right (a)
to suspend or terminate any Member's access to the WAYN Service, or parts
of it, and/or (b) to remove, or require the Member to remove, material
posted on the WAYN Service, if the relevant Member or material appears to
us to be in breach of any provision of this Agreement. Any person whose
access has been suspended or terminated must not re-register for, or
re-access, the WAYN Service without our prior consent. However, there may
be times when determined people whose Membership has been terminated or
suspended re-register as Members, in breach of their obligations under
this Agreement; we cannot prevent that. You are responsible for everything
which is done on or through the WAYN Service while your Membership account
is logged on to the WAYN Service, or through your email address(es).
14. Relevance
The WAYN Service is intended to be used by
its Members for the purposes referred to in Clause 2 above. Accordingly,
Members must not:
- Include swear-words or terms that could be considered offensive in
material posted on or transmitted through the WAYN Service, including
electronic messages, messages posted to Forums & Discussion groups,
and any other communication tools made available via the WAYN site,
except to the extent that (as a VIP Member) you are permitted to allow
free speech in private chatboards you create. This paragraph is not
intended to supersede Clauses 16 and 18 below;
- Place material on, or otherwise use, the WAYN Service for any
business or commercial purpose;
- Use your access to the WAYN Service, or information gathered from
it, for the sending of unsolicited bulk email (sometimes known as spam);
- Collect or harvest any personally identifiable information,
including WAYN Usernames, from the WAYN Service, nor use the
communication systems provided by the WAYN Service, for any commercial
purpose.
15. Fees
(i) You acknowledge that we are entitled to
alter the amount or the basis of the calculation of VIP
Membership fees from time to time; if we do so, we will ensure that the
amount or basis is clearly stated at the time when you agree to take the
relevant WAYN Service or prior to any fees being taken for it.
(ii) VIP Members who agree to have their Membership
renewed continuously will have their Membership renewed at the same rate
as was previously agreed by the Member; however note that we will notify
you of the applicable fees in accordance with Clause 3 above.
(iii) Fees paid by a VIP Members will not usually be
rebated or refunded by WAYN. If, other than under Clause 12 or 13 above,
we entirely withdraw an Integral Service (specified in Clause 2) from your
VIP Membership of the WAYN Service, or the entirety of the WAYN
Service itself, then you may be entitled to a rebate of your Premium or
VIP Membership fee for the remainder of the twelve month period to which
that fee relates; but no part of the Membership fee will be rebated to a
VIP Member under any circumstances if the VIP Member
has made use of any of the Integral Services (as indicated in Clause 2 of
this Agreement) during the period to which the VIP Membership
fee relates. For the avoidance of doubt, VIP Members will not
be entitled to any rebate of their Membership fee if Integral Service(s)
become available to Standard Members (as well as to Premium and/or VIP
Members). WAYN will not be obliged to rebate any part of any Premium or
VIP Membership fee, other than as provided in this sub-Clause (iii).
(iv) Upon purchasing a paid-for VIP Membership, WAYN
will activate all account applications electronically on completion of the
subscription process. We reserve the right to delay activation of a
paid-for service for up to 5 working days where our systems detect
potential credit card or other fraud and require manual checks to take
place; in this event, the prospective Member will receive an email seeking
confirmation of certain key information. Please be aware that, while WAYN
does guarantee the sending of the emails or SMS messages it undertakes to send in
does guarantee the sending of the emails or SMS messages it undertakes to send in
this Agreement, WAYN cannot guarantee the delivery of any email or SMS, as
(a) a recipient's email address may be invalid or have limitations on the
relevant mailbox that could impede the delivery of the email, such as a
mailbox limit or spam filter, and (b) delivery of an SMS is dependent upon
the territorial and network "reach" of WAYN's SMS provider(s) and the
compatibility of the recipient's phone and mobile network.
(v) If
you unsubscribe, you will enjoy your Membership benefits until the end of
your then-current annual subscription period; your subscription won't be
renewed after that term expires. However, you won't be eligible for a
prorated refund of (or any) portion of the VIP Membership fees
paid (except as provided in sub-Clause (iii) above).
(vi) If you
are asked for, and provide, details of a credit or debit card, you must
ensure that (a) you are fully entitled to use that card, and (b) it has
available funds sufficient to cover the charges which are deducted from
it. Unless otherwise stated, all prices shown for EU countries include
VAT.
16. Prohibitions
You are responsible for ensuring that
no material you post, or which is posted through a machine on which you
access the WAYN Service (including Your User Submissions), nor any
activity or communication you make in connection with any WAYN Service,
will be capable of:
- infringing the intellectual property or other rights of any person
or entity;
- breaching any applicable law, whether criminal, tortuous or
otherwise;
- appearing to be offensive, threatening, defamatory, obscene,
pornographic, false, unreliable or misleading (including, without
limitation, misleading as to your identity).
17. Alerting WAYN
If you see anything on the WAYN
Service which appears to breach this Agreement, then please contact us to
inform us of it by using the "Report Abuse" function, or by emailing us.
We do not generally monitor material contributed by Members placed on the
WAYN Service, and so we are reliant upon users to point out any which is
in breach this Agreement.
18. Withdrawal of material and Termination of Membership
Each Member acknowledges that we are entitled to withdraw any
material on the WAYN Service, whether this is based on information
received from Members or others, or our own determination to be capable of
breaching any part of this Agreement, or to bring the WAYN Service into
disrepute. However, you acknowledge that we do not monitor material which
appears on the WAYN Service, and that we are reliant upon you and all
users to notify us of anything you see here which appears likely to breach
this Agreement, using the notification techniques which are made available
on the WAYN Service. You agree that upon termination or suspension of your
access to the WAYN Service under any provision of this Agreement, we may
immediately deactivate or delete your account and all related information
and files in your WAYN Service account and/or bar any further access to
such files or the WAYN Service.
19. Disclaimer and Release
WAYN has no control over, or
responsibility for, the truth or accuracy of any material available on the
WAYN Service, whether provided by Members (such as User Submissions) or
others.
- If any third party site is linked to, or from, the WAYN Service,
this does not mean that we endorse or have any responsibility for the
site in question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what
you see on the WAYN Service than you do offline.
- Even though Members are prohibited from doing so, people may provide
information, or otherwise behave, in a way that is unreliable,
misleading or even illegal. Further, you should note that people may not
necessarily be who they say they are.
- Your use of the WAYN Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you
release WAYN, its directors, contractors and employees, from all liability
arising out of or in connection with the WAYN Service and the material
included here by Members (including User Submissions) and other third
parties.
20. Excluded Loss
We will not be liable to you or any
third party for any indirect or consequential loss or damage, or for any
loss of data, profit, revenue or business, howsoever caused (whether
arising out of any negligence or breach of this Agreement or otherwise).
Where Are You Now? Ltd. will also not be liable for any failure to perform
its obligations under this Agreement caused by matters beyond its
reasonable control.
21. Maximum Liability
Without limiting the preceding
Clause, during any period of twelve months, the aggregate liability of
Where Are You Now? Ltd. under this Agreement (whether arising in
negligence or breach of this Agreement or otherwise) will not under any
circumstances exceed the greater of:
- The annual VIP Membership fee payable at the time liability
arises; or
- An amount equal to the sums actually paid by you to us by way of
VIP Membership fees during the twelve month period prior to
the date when liability arises, regardless of the cause or form
of action.
22. Non-excluded Liabilities
Nothing in this Agreement
limits Where Are You Now? Ltd's liability for death or personal injury
resulting from our negligence, or any other liability which may not by law
be excluded. Any statutory rights you may have as a consumer remain
unaffected.
23. Indemnity
You agree to defend, indemnify and hold
harmless WAYN against all liabilities, claims and expenses that may arise
from any breach of this Agreement by you, through your use of the WAYN
Service or through a device on which you access the WAYN Service. This
obligation will survive your use of the WAYN Service.
24. Assignment
We reserve the right to assign this
Agreement, and to assign or subcontract any or all of our rights and
obligations under this Agreement, but we will ensure that the assignee
undertakes to perform this Agreement in accordance with its terms. You may
not without the written consent of Where Are You Now? Ltd assign or
dispose of this Agreement.
25. Entire Agreement
This Agreement includes our Privacy Policy;
together they are together intended to contain the whole of the agreement
between us and you concerning the WAYN Service, and they replace all
earlier agreements and understandings with you, except for any fraud or
fraudulent representation by either you or us. A person who is not a party
to this Agreement has no right under the Contracts (Rights of Third
Parties) Act 1999 to rely upon or enforce any term of this Agreement.
26. Changes to this Agreement
Where Are You Now reserves
the right to change this Agreement from time to time, and post the new
version on the WAYN Service. When we do so, the new version of these terms
and conditions will govern the WAYN Service:
- Commencing 5 days after the date of posting (or such later date as
Where Are You Now indicates in any relevant posting), if any of the
changes is to an operative provision of this Agreement which is capable
of adversely affecting you; if you do not wish to be governed by the new
version of the Agreement, you may notify us on or before the date when
the new version of the Agreement is to take effect, and from that date
you must cease to use the WAYN Service; or
- Immediately upon the date of posting (or such later date as Where
Are You Now indicates in the relevant posting), if the changes are not
to operative provisions, or not capable of adversely affecting you -
examples of which would include, without limitation, changes to one or
more of WAYN's addresses or email addresses referred to in this
Agreement.
27. Severability
In the event that any term of this
Agreement is held to be invalid or unenforceable by judicial decree or
decision, the remainder of this Agreement shall remain valid and
enforceable.
28. Law
This Agreement shall be governed by and
construed in accordance with the laws of England and Wales. The WAYN
Service is controlled and offered by WAYN from its facilities in the
United Kingdom. WAYN makes no representations that the WAYN Service is
appropriate or available for use in other locations. Those who access or
use the WAYN Service from other jurisdictions do so of their own volition
and are responsible for compliance with local law.
29. No Waiver
No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any other
term, and WAYN's failure to assert any right or provision of this
Agreement shall not constitute a waiver of such right or provision.
30. Contact
You can contact us by emailing support@wayn.com or by mail to: WAYN
United Kingdom, 123 Aldersgate Street, 3rd floor, London EC1A 4JQ, United
Kingdom, or by telephone during normal office hours of 9am to 5pm GMT
Monday to Friday on: 020 7336 8027. We will endeavour to respond to all
email enquires within 2 working days.
1 Subject to fair personal use
2 Subject to the reach of WAYN's SMS provider(s) and the
compatibility of the recipient's phone and mobile network
3 Subject to the reach of WAYN's SMS provider(s) and the
compatibility of the recipient's phone and mobile network
4 Where more than one VIP Member appears on a page, the VIP
Member with the newest content on his/her WAYN Profile will be given
priority