WAYHUB TERMS AND CONDITIONS

Last Updated November 30, 2020

1. Overview
2. General Terms
3. Account Registration
4. Account Security
5. Selling on Our website
6. Eligibility and Legal Capacity
7. Wayhub Services
8. Privacy and Security
9. Updates to Terms
10. Order Delivery
11. Intellectual Property Rights
12. Applicability
13. Price
14. Payment Processing and Payment Processor
15. VAT
16. Global Marketplace
17. Quality of Goods and Refunds Concern
18. Monitoring
19. Repeat Infringer Policy (DMCA)
20. Copyright Complaints
21. Accounts Suspension
22. Cookies notice
23. Third Party Content
24. Order Acceptance
25. User Generated Content
26. Canceling an Order
27. Canceling a Return
28. Indemnification
29. Acceptable Use Policy
30. User Content Responsibilities
31. Disclaimer
32. Limitation of Liability
33. Ratings, Reviews and Other User Feedback
34. Electronic communication
35. Children’s Privacy Policy
36. No Reliance
37. Local Regulations
38. Data and Privacy
39. Reporting Violations
40. Legal Disputes
41. No Representative Actions
42. Arbitration of Disputes
43. Our GDPR Obligations
44. Governing Law and Venue
45. Termination
46. Severability
47. Copyright License
48. Contact Us

1. Overview

Welcome to Wayhub.com

This terms of service has been created to comply with the European Union General Data Protection Regulation (GDPR) and the California Consumer Privacy Act CCPA, and the new law on data protection that will be enforced henceforth,

Wayhub and its affiliated brands, including wayhub.com, our third-party brands, vendors and sellers ( “Wayhub”, “we” or “us”) provide this and other websites (including applications and other online services that are accessible through various devices from time to time) (collectively, “Sites”) subject to your compliance with these Terms of Use. 

Please read very carefully all of the following terms and conditions for the use of the site. By accessing and/or using the site, you agree to be bound by all of the following terms of use and privacy policy.

By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites.

1. General Terms

Wayhub Terms of Use (Terms) presented in this document are the basic rights and obligations that users and Wayhub website have and agree on when using Wayhub service. These Terms constitute a binding agreement between Wayhub and you as a user.

When you use the Wayhub website, you agree to the Terms and they affect your rights and obligations. If you do not accept any or one of the terms and policy herein please kindly stop using this website as well as your ability to delete your account using your account Settings.

Wayhub reserves the right at any time and in our sole discretion to change or modify these Terms, or any policy or guideline of the website and platform. If we make changes or modifications to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice through the Services or updating the “Last Updated” date at the top of these Terms on our site. So it we implore you to frequently review the Terms and applicable policies guiding your use of the website and service. If you do not agree to the amended terms, you must stop using the Services immediately.

1. Account Registration

In order to use the Services, you must create an account (“Account”) by registering with Wayhub via wayhub.com. By creating your Account, you give us some of your privacy data, such as:

• Name in full
• Email Address
• Gender
• Payment information

And other information, needed for us to supply you with our Products and Services. You may read how we process, secure and use your privacy data in our Privacy Policy and Cookie Policy page

You agree to provide us true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration process, you will provide Wayhub with a username and password for your Account (together “Account Credentials”). Wayhub reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted. You may have only one account

1. Account Security

You are responsible for maintaining the security of your Account Credentials and for all Services ordered, accessed, or otherwise used in connection with your Account and all actions taken in association therewith. You will not share your Account Credentials with any third party

1. Selling on Our website

You may sell items and other products through your user account dashboard granted to you by wayhub.com. If you list any item, you must fulfill the orders of any items and products to our warehouse for delivery; Wayhub and wayhub.com are merely providing you with the platform to list a product and connect you with a buyer. You, as a buyer, acknowledge that the display of any listing and products is performed by an individual vendor, and wayhub.com is merely assisting the transaction process.

During purchase, you will be required to connect your account with our designated third-party payment service provider to process and accept your purchase. These payment services are governed by the service provider’s terms of service and privacy policy. Please endeavor to read their terms of service and privacy policy before proceeding. Wayhub.com will not be responsible for the actions of these third-party service providers. You, as an individual vendor, now state that you have the full right to sell such items, and the services comply with all laws. You may not offer or any products that infringe or have the potential to violate the rights of another vendor. We reserve the right to remove your account or any content altogether if it violates these Terms of Service. You agree to pay the appropriate transaction commission fees on the subtotal (before shipping, taxes, and discount) to Wayhub.

Wayhub. is not responsible for resolving any disputes arising from these statements between you and any other parties

1. Eligibility and Legal Capacity

You must be at least 13 years of age to access or use our website. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

1. Wayhub Services

Wayhub is an online shopping website selling items of different categories listed by suppliers and vendors. by using our website, you agree to waive Wayhub any responsibility for noncompliance of a user with any local country laws.

1. Privacy & Security

Please review our Privacy Policy, it governs your use of the Sites and services. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Information security is important to wayhub.com. We have established reasonable physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Wayhub.com does, however, reserve the right at all times to disclose any information as Wayhub.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

1. Updates to Terms

We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree to our updated Terms, you should stop using our Services and/or close your account. Your continued use of any of our Services will be deemed as your acceptance of any revisions.

1. Order Delivery

If you ordered for a product via the website, Wayhub will endeavor to deliver the requested goods to the buyer at the agreed date and address. If no dates for delivery are specified by the buyer then delivery shall be within 7 business days from the day you place your order. If for any reason the buyer or the buyers did not provide appropriate information, shipping address, documents, licenses or authorizations, which delayed the delivery of the order.

1. Risk in the Goods will pass to the buyer (including for loss or damage caused by negligence);
2. The Goods will be deemed to have been delivered; and
3. Wayhub may store the Goods or arrange storage of the goods to a local delivery point until delivery can be made whereupon the buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance).

The Buyer will ensure, and where necessary provide at the buyer’s expense, at the Delivery Point that there is adequate and appropriate equipment and manual labor for unloading the Goods. 

Where for any reason Wayhub is unable to supply the Buyers ordered quantity, e.g. lack of stock or periods of high demand etc. by the requested delivery date, Wayhub will offer to the buyer the quantity of goods available to be delivered by the requested delivery date or will provide a date by which the order can be dispatched in full. Wayhub accepts no liability whatsoever for any shortfall in this situation.

1. Intellectual Property Rights

The Sites contain valuable trademarks and service marks owned and used by Wayhub and Wayhub.com, including but not limited to, Wayhub.com, the Wayhub design, logo, and the tag line (collectively, the “Wayhub.com Marks”). Any use of the Wayhub.com Marks without the prior written permission of Wayhub.com is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Wayhub.com Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of Wayhub.com.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.

Wayhub.com uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.

For claims of copyright infringement, please see copyright complaints paragraph

1. Applicability

These terms and conditions apply to every user or customer that place an order for a Wayhub products. Prior to the conclusion of a transaction or order, the text of these general terms and conditions will be made available to the user.

1. Price

Unless otherwise agreed by Wayhub in writing (including any applicable Order Form) the price for the Goods shall be the price set out in Wayhub sales agreement with the buyer appertaining to the date of delivery or deemed delivery.

The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to loading, unloading, carriage and insurance all of which amounts the buyer will pay in addition when it is due to pay for the Goods.

1. Payment Processing and Payment Processor

Payments made on the Wayhub website are not collected by us but through our designated payment gateway provider. You will be providing credit or debit card information directly to them who operate a secure server to process payment details, encrypting your credit/debit card information, and authorizing payment. The information which you supply to our payment provider is not within our control and is subject to their privacy policy and terms and conditions. The following are our designated payment processors:

1. Amazon Pay
2. Shop Pay
3. Apple Pay
4. Google Pay etc.

Note: Your payment card details are not shared with Wayhub by the provider.

1. VAT

Wayhub may collect VAT (Value Added Tax) or other indirect taxes at the applicable rate for the particular country, as per applicable tax rules, at the time you purchase a product on Wayhub or an affiliated website.

1. Global Marketplace

Some of Wayhub’s site pages may display your products on other sites, services, applications or tools (together a “Platform”) that are part of the (for example, on Platforms in other countries), or on third party Platforms, including social media channels. By using Wayhub, you agree that your products can be displayed on these other Platforms and media channels. The terms for our other Wayhub platforms are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your products are posted. When your product is posted on another platform, you may be responsible for ensuring that it does not violate such other platform’s policies. We may remove your products if it is reported to Wayhub, any Wayhub platform, or any third-party platform, or if we believe it causes problems or violates any law or policy.

1. Quality of Goods and Refunds Concern

Wayhub warrants that during delivery the Goods shall:

• Conform in all material respects with their description;
• Be free from material defects in design, material and workmanship;
• Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
• Be fit for the purpose held out by the Wayhub and wayhub.com;
• Not be damaged in a manner which makes the goods substantially unusable and any goods which do not comply with any of such warranties shall be “Defective Goods”

if:

• The Customer gives notice in writing during the period of 30 days after delivery that some or all of the goods are Defective Goods;
• Wayhub and wayhub.com is given a reasonable opportunity of examining such Defective Goods;
• The Customer (if asked to do so by Wayhub) returns such Defective Goods to the Wayhub designated address at Wayhub’s cost if non-compliance with the warranty is proven. If it cannot be verified, returns of such items are paid by the Customer. Wayhub shall, at its discretion, replace the Defective Goods or refund the price of the Defective Goods in full.
• Any refunds to be made by Wayhub and any payment to or from the Customer in accordance with these terms will be made using the original credit/debit card used for the purchase of the Goods.

Except as provided in these terms, Wayhub shall have no other liability to the Customer in respect of the Defective Goods. The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Wayhub. The risk in the Goods shall pass to the Customer on completion of delivery by us.

1. Monitoring

We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Service to foster compliance with the Agreement. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties, covenants or guarantees that:

• The Service, or any portion thereof, will be monitored for accuracy or unacceptable use,
• Apparent statements of fact will be authenticated, or
• We will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement.

We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.

1. Repeat Infringer Policy (DMCA)

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Wayhub has adopted a policy of terminating, in appropriate circumstances and in Wayhub’s sole discretion, users who are deemed to be repeat infringers. Wayhub may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

1. Copyright Complaints

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

For the requirements of a proper notification

Name of Designated Agent:
Address:

Telephone Number:
Fax Number:

E-Mail Address:

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

1. Accounts Suspension

Wayhub reserves the right, without any obligation, to remove or refuse to deliver any User Content, products on Wayhub website, to suspend or terminate users, and to block users of Wayhub without liability to us, including where such User Content, in our sole discretion, violates our Code of Conduct or any Terms or policies or Guidelines or any additional terms, or that we otherwise find objectionable.

1. Cookies Notice

Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them some elements of our Sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make websites work efficiently.

Some of the cookies we use are essential for our Sites to function correctly – for example keeping track of items that have been added to your shopping basket or remembering you have logged in. Other cookies may be used to personalize your online experience, track your journey through our Site (so that we can maximize your experience and help us understand how we can improve it) or analyze the success of promotions. Other cookies may be from third parties such as social networking sites, affiliates or partners. For more information about our cookies policy please visit our cookies policy page.

1. Third-Party Links

The wayhub.com website may contain links to third-party websites (“Other Sites”) that are not under Wayhub’s control. Wayhub.com makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. Wayhub.com provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Wayhub.com of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

1. Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Wayhub.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Wayhub.com reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites and the Wayhub.com Rewards Program described below. Wayhub.com reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Wayhub.com’s sole discretion.

1. User Generated Content

From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users (“User Content“).  You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to Wayhub.com that:

• your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation,
• you own or have the legal right to use and authorize Wayhub.com to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and
• your User Content does not violate Wayhub.com’s Acceptable Use Policy set forth below.

As between you and Wayhub.com, you will retain all of your ownership rights in and to your User Content. By submitting User Content to Wayhub.com, you hereby grant to Wayhub.com a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Wayhub.com (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also waive your moral rights to the User Content, and hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.

Wayhub.com does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Wayhub.com reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Wayhub.com has the right to refuse, remove or delete any User Content and/or to terminate any user’s access to the Sites if Wayhub.com determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. Wayhub.com takes no responsibility for and expressly disclaims any and all liability in connection with User Content

1. Canceling an Order

You can cancel any order before it is shipped from your account dashboard. However, once an item has been shipped, it cannot be canceled.

If you missed the window to cancel the order, you can always set up a return or exchange ahead of time, and then send the item back once it arrives. Please note, return shipping costs may apply!

1. Canceling a Return

Already filled out the return form but changed your mind? Don’t worry! As long you still have the item in your possession, you can easily cancel the return from your account dashboard.

1. Indemnification

You agree to defend, indemnify and hold harmless Wayhub, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.

1. Acceptable Use Policy

By submitting User Content and otherwise using the Sites, you agree not to:

• submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Wayhub.com all of the rights granted herein;
• upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable;
• use the Sites to harm any person or entity, including Wayhub.com;
• impersonate any person or entity, including but not limited to, a representative of Wayhub.com, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites;
• upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation;
• upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment;
• intentionally or unintentionally violate any applicable local, provincial/territorial, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission;
• collect, store or use personal information about other users of the Sites without their consent;
• use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services;
• use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or
• Use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Wayhub.com reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations

1. User Content Responsibilities

• Any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated. You access all such information and Content at your own risk.
• You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
• The Services may contain links or connections to third party websites or services that are not owned or controlled by Wayhub. When you access third party websites or use third party services, you accept that there are risks in doing so. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
• Wayhub has no control over the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Wayhub will not and cannot monitor, verify, censor or edit the content of any third-party site or service.
• Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
• If there is a dispute solely between participants on this site, or solely between users and a third party, you agree that Wayhub is under no obligation to become involved.

1. Disclaimer of Warranties

Wayhub.com intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, Wayhub.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.

1. Limitation of Liability

IN NO EVENT SHALL WAYHUB, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE WAYHUB MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WAYHUB’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WAYHUB, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WAYHUB FOR ACCESS TO OR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

1. Ratings, Reviews and Other User Feedback

Any use of the feedback system contrary to this paragraphs is prohibited. In particular, you are prohibited from including in Feedback information unrelated to the performance of the underlying item, store or contract or from using Feedback for any purpose other than the evaluation of the item or the store. If you abuse the feedback system, Wayhub is entitled to remove the Feedback taking your legitimate interests into account, in particular your right to freedom of expression. This applies particularly if:

1. Wayhub is legally obliged to remove the Feedback, e.g. due to a court ruling
2. the Feedback contains vulgar, obscene, racist, not youth-free or in the criminal sense insulting statements
3. the Feedback contains personal data, e.g. name, address, telephone number and/or e-mail-address
4. the Feedback contains inappropriate links or scripts, e.g. with harmful content
5. the Feedback contains inappropriate advertising for third parties
6. The Feedback for items contains irrelevant information not related to the item, e.g. customer service of the store, shipping of the item, or site usability issues.

Ratings and reviews and listing, videos or other content about items and stores (“Feedback”) posted by users on our Services are User Submissions that are not endorsed by Wayhub and do not represent the views of Wayhub. Wayhub does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. We reserve the right to exclude such Feedback for any reason or no reason, without notice to you. For example, we may exclude Feedback if we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews.

1. Electronic Communication

For contractual purposes, you (1) consent to receive communications from Wayhub in an electronic form such as email, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Wayhub provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

1. Children’s Privacy Policy

Wayhub respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of personal information from children under the age of 13. This Site does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, or do we provide Wayhub services to children under 13 years of age except as permitted by COPPA. However we may provide our service to children under 13 years of age but in supervision of a parental guardian.

1. No Reliance

You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.

1. Local Regulations

We make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our website, you do so at your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the U.S. or the country you reside in.

1. Data and Privacy

By using Wayhub, you agree to the collection, transfer, storage and use of your personal information by Wayhub on servers located in the U.S. as further described in our Privacy Notice. You and Wayhub shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Wayhub and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law.

This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Wayhub exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).

Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.

1. Reporting Violations

While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, and we may cooperate with such authorities as they may request, all without liability to us.

1. Legal Disputes

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Wayhub and wayhub.com and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

1. No Representative Actions

You and Wayhub and wayhub.com agree that any dispute arising out of or related to these Terms or our Services is personal to you and Wayhub and wayhub.com and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

1. Arbitration of Disputes

Except for small claims disputes in which you or Wayhub and wayhub.com seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Wayhub and wayhub.com seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Wayhub and wayhub.com waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Wayhub and wayhub.com or relating in any way to the Services, you agree to first contact Wayhub and wayhub.com and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Wayhub and wayhub.com by email at support@wayhub.com The Notice must

1. Include your name, residence address, email address, and telephone number;
2. Describe the nature and basis of the claim; and
3. Set forth the specific relief sought.

Our notice to you will be similar in form to that described above. If you and Wayhub and wayhub.com cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. In accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS web site and are hereby incorporated by reference. You either acknowledge or agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Wayhub and wayhub.com agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrator, Wayhub and wayhub.com, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Wayhub and wayhub.com will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this agreement by sending an email to support@wayhub.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this agreement.

If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this terms; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this terms is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this terms will be enforceable.

1. Our GDPR Obligations

We Undertake To:

• Process the personal data within the services specified in these terms only on documented instructions from your unless processing is required by applicable laws to which we are subject to, in which case we shall, to the extent permitted by applicable laws, inform you of that legal requirement before the relevant processing of that personal data;
• Inform you if we consider that an instruction violates data protection laws or regulations. We shall then be entitled to suspend the execution of the relevant instructions;
• Ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
• Taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject’s rights;
• Assist You In Ensuring Compliance With The Obligations Pursuant To Articles 32 To 36 Of The GDPR Taking Into Account The Nature Of Processing And The Information Available To Us;
• At Your Choice, Delete Or Return All The Personal Data To You After The End Of The Provision Of Services Relating To Processing, And Delete Existing Copies Unless Applicable Law Requires Storage Of The Personal Data;
• Make Available To You Information Necessary To Demonstrate Our Compliance With The Obligations Laid Down In This TERMS.

1. Governing Law and Venue

This Agreement shall be governed and construed in all respects by the laws of the United State of America & the New Jersey courts and the required European Union GDPR Regulation. You agree that any claim or dispute you may have against must be resolved by arbitration. You and Wayhub both agree to submit to the non-exclusive jurisdiction of the laws of the United States of America; for claims falling within the jurisdiction of the United States of America, you and Wayhub both agree to submit to the jurisdiction of the laws of the United States of America

Any dispute arising from these Terms and your use of the Services will be subject to Arbitration, without regards to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, hence it will be resolved by arbitration.

1. Termination

Wayhub reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.

1. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

1. Copyright License

Copyright (c) 2020(s) of first publication Wayhub website. Subject to the express provisions of these terms and conditions:

• We, together with our licensors, own and control all the copyright and other intellectual property rights in Wayhub website and the material on our website; and
• All the copyright and other intellectual property rights in Wayhub website and the material on our website are reserved.

1. Contact Us

If you have any questions about these Terms & condition, please contact us at Email: contact@wayhub.com