This agreement applies to and between you, the User of this website and Tellyourwish (www.tellyourwish.com). Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using this website and any mobile application operated by Tellyourwish ("us", "we", or "our").
In this Agreement “you” and “your” refer to customers, prospective customers, and users of our website/Services, “we”, “company”, “us” and “our” refer to Tellyourwish or www.tellyourwish.com and “Service” refers to the services provided by us. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" or “User Content” means Content that you submit or transmit to through or in connection with the Site, such as your stories, reviews, compliments, invitations to donate, and information that you publicly display or displayed in your account profile. "Tellyourwish Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Tellyourwish or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including User Content, Third Party Content, and Tellyourwish Content.
Party”, “Parties”, or “Us”, refers to both the Customers and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to our customers in the most appropriate manner, for the express purpose of meeting the customer’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. Any and all use of our services is subject to this Agreement, which may be updated by
us from time to time without prior notice to you. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.
By using our Website www.tellyourwish.com (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.
It is unlawful to try and gain unauthorized access to the site, its servers, or any computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material
posted on it, or on any website linked to it.
Modification of Service and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If we are required by law to make any changes to Terms and Conditions, these changes will apply automatically. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on aregular basis as revised versions will be binding on you. Any such modification will be
effective upon our posting of new Terms.
This Site is offered and available to users of all ages. If you are under 15, you may only use this Site or our services with the express consent of your parents or legal guardians.
On our website (www.tellyourwish.com), users are able to submit videos and pictures of them doing what they love. If you are a great singer, dancer, storyteller etc. you can create an account on www.tellyourwish.com and upload content to engage other viewers on the website. You can request viewers who have enjoyed your content to make a donation to your tellyourwish account. If you are unable to upload content due to an illness, sickness or other personal reasons, you can upload a video on www.tellyourwish.com for other people to help you
out. You can also raise money for your favourite course or charity by educating viewers about this charity or great course and telling them how you would spend any moneyraised. We don’t permit the promotion or teachings of any religion on the Site.
N.B. All donations are subject to a 3% deduction from payment processing centre + 4% by tellyourwish to cover the cost of running and marking the website
We will do our best to maintain the operation of the Site, however, we may need to temporarily suspend the Service for operational reasons (e.g. for repairs, plannedmaintenance or upgrades). We promise to restore the Service as soon as reasonably possible after any suspension. If we will not be liable for any such temporary suspension that might affect activities on our website.
You must create an account and provide certain information about yourself in order to use some of our awesome features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Your account is for your personal, non-commercial use only. Thus, the account should be for sharing your stories or upload videos of you doing what you love including but not limited to singing, dancing, storytelling, teaching etc. The website is not for selling products or any merchandise. In creating an account with tellyourwish, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
To use our services, enjoy the content of other Users and make a donation on www.tellyourwish.com, kindly follow the following steps:
- a) Create an account/signup or subscribe to our website;
b) Our system shall verify if this submission is valid and once verified, an email shall be sent to the email provided during your signup;
c) Once an account has been created on our website, you can upload your content and solicit for donations on your account. You can also view the contents of other Users and make donations to their account or course.
Communications from Tellyourwish and other Users
By creating an account, you agree to receive certain communications in connection with the Site and your account. For example, you might receive compliments, comments and opinions from other Users. Tellyourwish is not responsible for user’s opinion or comments on Your contents. We do not filter or pre-check any comments made by Users of our website and viewers of Your content. If you do not like to receive any comments or opinions on Your content, you can disable the comment function when uploading Your Contents.
You may also receive e-mail newsletter about happenings or any new development on the site or about our services. You can opt-out of this at any time by sending us an email.
In creating your content and continuing to use this Website, you represent and warrant that:
- a) all information you submit is accurate and truthful;
b) You alone are responsible for Your Content, and once published, it cannot alwaysbe withdrawn.
c) You represent that you own or have the necessary permissions to use and make this content.
d) You may not imply that Your Content is in any way endorsed by tellyourwish.
e) Your content is not about the promotion or teachings of a religion.
Things to avoid in Your Content
When using the website and creating your content, you shall act in accordance with the following rules: Your Content shall not contain material that is false, intentionally misleading, or defamatory; about a religion, violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, orany other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
In the event that your content is found to be false or untrue, or there are claims of any such motive to unjustly receive donations from other users for other purposes outside that stated in your video, this shall be regarded as a fraudulent content. Your account shall immediately be blocked, and your information reported to the police for further investigation. In the event of any claim that your payment card or other means of payment provided on our website has been used without your permission or any other fraudulent use of
payment cards, we will assist the bank and police authorities with any investigations including providing them with all the details used to register associated profiles, card authentication and any communications through or related to your account. Falsely making any such fraudulent claims can result in your account being blacklisted and blocked. Denying a donation that you have made is illegal and may result in legal action towards you, which can lead to prosecution, fines and impairment of your credit rating.
Refund and Cancellation Policy
Tellyourwish does not provide any refund or cancellation on any donations made on the site. Thus, we recommend users to take all necessary precautions to check the authenticity of the story or video before making a donation. If you have any suspicions or queries regarding any content provided by another User on this website, kindly notify us on our contact details provided on the website.
Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, incorporating it into advertisements and other works, creating derivative works from it, and promoting it. We might use some of the successful content provided by Users to advertise and promote our website.
As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose.Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Tellyourwish and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. User Content does not necessarily reflect the opinion of tellyourwish. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content
As between you and tellyourwish, you own Your Content. We own any other Content on the website, including but not limited to visual interfaces, interactive features, graphics, design, compilation, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the tellyourwish
Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the tellyourwish Content in whole or in part except as expressly authorized by us. We do not grant you any express or implied rights, and all rights in and to the Site and the tellyourwish Content retained by us.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated theTerms, we reserve the right to investigate and take appropriate action at our sole discretion.
Use of the website
You agree not to, and will not assist, encourage, or enable others to use the Site to:
- i. Provide fake or defamatory content;
ii. Violate any third party's rights, including any breach of confidence, copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity, or
any other intellectual property or proprietary right;
iii. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
iv. Promote a business or other commercial venture or event, or otherwise use
the Site for commercial purposes or sell a product;
v. Send bulk emails, surveys, or other mass messaging, whether commercial in
nature or not; engage in keyword spamming, or otherwise attempt to
manipulate the Site's search results or any third-party website;
vi. Solicit personal information from minors, or submit or transmit pornography;
vii. Violate any applicable law;
viii. Violate the Terms;
ix. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative
works or adaptations of, publicly display, sell, trade, or in any way exploit the
Site or Site Content (other than Your Content);
x. Use any robot, spider, site search/retrieval application, or other automated
device, process or means to access, retrieve, scrape, or index any portion of
the Site or any Site Content;
xi. Reverse engineer any portion of the Site;
xii. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;xiii. Record, process, or mine information about other users;
xiv. Reformat or frame any portion of the Site;
xv. Take any action that imposes, or may impose, in our sole discretion, an
unreasonable or disproportionately large load on tellyourwish technology
infrastructure or otherwise make excessive traffic demands of the Site;
xvi. Attempt to gain unauthorized access to the Site, user accounts, computer
systems or networks connected to the Site through hacking, password mining
or any other means;
xvii. Use the Site or any Site Content to transmit any computer viruses, worms,
defects, Trojan horses or other items of a destructive nature
xviii. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
xix. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
xx. Remove, circumvent, disable, damage or otherwise interfere with any
security-related features of the Site, features that prevent or restrict the use or
copying of Site Content, or features that enforce limitations on the use of the sites.
(i) take action regarding suspected illegal activities;
(iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or
(iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Siteoutside of the Canada, you consent to having your personal data transferred to and processed in the Canada. Once a donation has been made to your account, you are advised not to contact the donor or share your personal information, address and whereabout with the donor except expressly stated by us or we notify you to do so. Any release of personal information by you to other users shall be at your own risk and you shall hold tellyourwish harmless of any loss, damage, death, accidents, blackmail and other threat you may experience due to such disclosure.
SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that, (i) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) if we may have something similar to the Feedback already under consideration or in development, and (iii) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against tellyourwish and its users any claims and assertions of any moral rights contained in such Feedback.
LINKS TO OTHER WEBSITES
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of tellyourwish or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
You agree to indemnify, defend, and hold tellyourwish, its parents, subsidiaries,
affiliates, any related companies, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "TellyourwishEntities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any donations made by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Tellyourwish reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these
claims. You agree not to settle any such matter without the prior written consent of tellyourwish. Tellyourwish will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
a) THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS "AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT TELLYOURWISH MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. TELLYOURWISH MAKE NO CLAIMS OR PROMISES ABOUT THE
QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, TELLYOURWISH ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY ON THE STORIES OF OTHER USERS, AND ANY DONATIONS MADE BY YOU ON SUCH RELIANCE.
b) TELLLYOURWISH MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY. TELLYOURWISH ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONALINFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF SUCH THIRD PARTIES FEATURED ON THE SITE. YOUR USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
c) TELLYOURWISH EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE THRUTHFULLNESS OF ANY STORY OR CONTENT MADE BY OTHER USERS OF THE SITE.
d) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER
GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
e) THE BEETOBEEZ ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) REPUTATIONAL
HARM, OR (iv) LOSS OF INFORMATION OR DATA.
Your safety when using our site is paramount to us. Hence, all reasonable skill and care shall be taken to ensure your safety when using our website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to use commercially acceptable means to protect your transactions on our website, we cannot guarantee its absolute security.
Whilst we do our best to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers. We will do our best to maintain the operation of the Site for the Service, however, we
may need to temporarily suspend the Service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Service as soon as reasonably possible after any suspension. If we cannot do what we have promised in these Terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees, affiliates, partners, freelancers), we will not be liable for this.
CHOICE OF LAW AND VENUE
These Terms and Conditions and the relationship between you and tellyourwish shall be governed by and construed in accordance with the laws of Canada and you agree to submit to the exclusive jurisdiction of Canada.
You may terminate the Terms at any time by closing your account, discontinuing your use of the Site. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, use to Your content will be discontinued in full force and effect and deleted from the Site.
a) The Terms contain the entire agreement between you and us regarding the use of the Site and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any
representation made but not expressly contained in these Terms.
b) Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Tellyourwish.
c) Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
d) If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
e) The Terms, and any rights or obligations hereunder, are not assignable,
transferable or sublicensable by you except with tellyourwish prior written
consent but may be assigned or transferred by us without restriction. Any
attempted assignment by you shall violate these Terms and be void.
f) The section titles and headings in the Terms are for convenience only and have no legal or contractual effect.