Terms Of Use

Wisher Play Terms and Conditions

  1. These Terms
    1. These terms and the documents referenced in them create a legal agreement between you (“you” or “your”) and Wisher Ltd, of 7 Overdale Road, Ealing, London, England W5 4TU, a company registered in England and Wales under company number 09044065 (“we”, “us” or “our”) in relation to the Wisher website at www.wisher.com, the Wisher app made available via the Google Play Store or any other marketplace, and any related services related to the Wisher service (together the “Service”). You agree that by accessing and/or using the Service, you are agreeing to these terms and our Privacy Policy.
    2. You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to use the Service. Use of the Service by anyone under the age of 13 is prohibited.
    3. You can access these terms at any time at www.wisher.com/terms-and-conditions. We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using the Service and cancel your account for the Service as set out in the www.wisher.com/wisher-help
  2. Using the Service
    1. The Service is designed to enable users to share items from websites and other sources which they would like to receive as gifts (“Wishes”).
    2. Subject to these terms, we grant you a limited, non-exclusive, non-transferable, freely revocable licence to use the Service in accordance with our Wisher Acceptable Use Policy
    3. You are responsible for the internet connection and/or mobile charges that you may incur for using the Service. You must ask your internet access provider or mobile operator if you don’t know what these charges will be, before you use the Service.
    4. We have the right to suspend, withdraw or modify the Service (in whole or in part) without liability to you in the following circumstances: for technical reasons (such as maintenance, or technical difficulties experienced by us or on the internet); to allow us to improve the usability of functionality of the Service; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the Service); because it is no longer economically viable or efficient to provide the Service.
  3. Accounts
    1. You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to “log in details” or “account” include your log in details and account for Facebook, Twitter or any social network or platform that you may allow the Service to interact with.
    2. If you fail to keep your login details confidential, or if you deliberately or unintentionally share your login details or account with someone else, you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result.
    3. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using the Service and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
  4. DISCLAIMER – No control over Wishes, No Warranty regarding the Service
    1. We do not control the content of any third party editorial, advertising or promotional material available in the Service (all of which is referred to in these terms as “Content”). The Content is not produced by or for us, nor comprehensively reviewed by us. Therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using the Service, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
    2. The Service is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we disclaim any and all warranties, express or implied, including implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement of proprietary rights, and any other warranty, condition, guarantee or representation. You acknowledge that we cannot reasonably guarantee, and do not guarantee, that the Service will always work properly.
    3. Any use or reliance on any Content is at your own risk.
    4. You acknowledge that it may be that one of your Wishes is fulfilled twice or more by purchase of an item by more than one user; and that it may also be that a gift you buy in respect of a Wish of your own or another user has already been purchased by another user.
    5. You acknowledge that Wisher shall have no responsibility for any item purchased by you or for you in relation to any Wish, or any item promoted by the Service.
  5. User conduct and content
    1. You must comply with all laws applicable in the UK or any other location that you access the Service from. If any laws applicable to you restrict or prohibit you from using the Service, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Service.
    2. You must at all times abide by Wisher’s Acceptable Use Policy.
    3. You promise that all the information you provide to us on accessing and/or using the Service is and shall remain true, accurate and complete at all times.
    4. Information, data, software, sound, photographs, graphics, video, tags, or other materials may be shared or otherwise made available via the Service by you or another user. You, not us, are entirely responsible for any Wish or other item that you share or otherwise make available via the Service.
  6. You agree that you will not:
    1. use the Service to harm anyone or to cause offence to or harass any person;
    2. use another person or entity’s email address in order to sign up to use the Service;
    3. use the Service for fraudulent or abusive purposes (including, without limitation, by using the Service to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Service);
    4. disguise, anonymise or hide your IP address or the source of any Content that you may upload;
    5. use the Service for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
    6. remove or amend any proprietary notices or other ownership information from the Service;
    7. interfere with or disrupt the Service or servers or networks that provide the Service;
    8. except as permitted by law, attempt to decompile, reverse engineer, disassemble or hack any of the Service, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
    9. ‘spider’, ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use the Service, including, but not limited to any personal data or information (including by uploading anything that collects information such as ‘spyware’);
    10. disrupt the normal operation of the Service or do anything which is likely to have a negative effect on other users’ ability to use the Service;
    11. disobey any requirements or regulations of networks connected to the Service;
    12. use the Service in violation of any applicable law or regulatory requirement;
    13. attempt to get around technological measures designed to control access to, or elements of, the Service; or
    14. use the Service in any other way not permitted by these terms.
  7. No control over User Contributions
    1. We do not control the content or nature of any Wishes or other material posted on the Service by other users (“User Contributions”) and therefore we do not guarantee the accuracy, integrity or quality of any User Contributions. You understand that when using the Service, you may be exposed to User Contributions that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Contributions, including, but not limited to, any errors or omissions in them, or any losses or harm of any kind resulting from the use of any User Contributions.
    2. You are solely responsible for your interactions with other users of the Service.
  8. Your breach of these terms
    1. We reserve the right to suspend or terminate your access to the Service (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Any significant breach, including any breach of paragraph 6, is likely to be considered a material breach.
    2. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
  9. LIMITATION OF LIABILITY – IMPORTANT – PLEASE READ CAREFULLY
    1. We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
    2. For any losses or harm (other than those mentioned in paragraph 9.a immediately above), in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms, up to a maximum of £100.00. Losses and harm are “foreseeable” where they would have been contemplated by you and us at the time of you agreeing to these terms.
    3. We are not responsible for:
      1. losses or harm not caused by our breach of these terms or negligence; or
      2. losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
      3. any increase in loss or damage resulting from breach by you of any of these terms; or
      4. technical failures or the lack of availability of our website, Service, and/or social media channels where these are not within our reasonable control.
    4. We will provide the Service with the same skill and care as other similar Service providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of the Service is to discontinue your use of that Service and we are not responsible or liable for any interruptions or errors that you may experience while using the Service.
  10. Intellectual property
    1. You acknowledge that all copyright, trade marks (including ‘Wisher’ and the Wisher logo), and other intellectual property rights in and relating to the Service (other than any User Contributions) are owned by us or licensed to us by our partners.
    2. Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use the Service (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use the Service for anything else.
    3. You must not copy, distribute, make available to the public or create any derivative work from the Service or any part of the Service unless we have first agreed to this in writing.
    4. In particular, and without limiting the application of paragraph 10.c above, you must not make available any technological measures designed to control access to, or elements of, the Service, including providing access to any Content or User Contribution, whether on a free of charge basis or otherwise.
    5. By making User Contributions by means of the Service you:
      1. are representing that you are fully entitled to do so;
      2. grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
      3. acknowledge that you may have what are known as “moral rights” in the User Contributions, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the User Contribution; and
      4. agree that we have no obligation to monitor or protect your rights in any User Contribution that you may submit to us.
    6. You must not copy, distribute, make available to the public or create any derivative work from any User Contribution belonging to any other user of the Service.
    7. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
  11. Copyright Infringement Notices: If you believe your copyright-protected work was included in the Service without authorisation, you may submit a copyright infringement notification by emailing us with the following information: name; street address; email address; full details of the work you allege is your unlicensed copyright material. These requests should only be submitted by the copyright owner or an agent who is authorised to act on the owner’s behalf. If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Under no circumstance should you make any claim which is not founded. Misuse of this process may result in the suspension of your account or other legal consequences.
  12. Open Source Software: All open source or third-party code incorporated in the Service is covered by the applicable open source or third-party end user license agreement, if any, that authorises the use of such code.
  13. Privacy
    1. We are registered with the Information Commissioners as a data controller in the United Kingdom.
    2. We will only collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these terms. By using the Service, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy you should not access and/or use the Service.
    3. Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link the Service to. If you use the Service and you agree to allow them to interact with a social network you are giving us permission to use your email address and other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can use socially. This is intended to make the Service more enjoyable for you and others that use the Service on the social network. If you do not agree to these practices you should not allow the Service to interact with your social network.
    4. We may use cookies to store certain types of information each time you use the Service. They may for example be used to help us recognise your computer and to ensure that your account is accessed by the person that inputs the correct username and password for that account. You can find out more about how we use cookies by reading our Privacy Policy.
  14. Links
    1. We link to third party websites or services from the Service, including links to sources giving more detail regarding individual Wishes. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse them. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties (including buying gifts in relation to Wishes) are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.
  15. General
    1. We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
    2. These terms set out the entire agreement between you and us concerning the Service (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us. If you also access or use the Service via other platforms (for example, on our website or via any other third party website or service) then different terms apply in respect of those services.
    3. If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by the Applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
    4. Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
  16. Complaints and dispute resolution
    1. Most concerns can be solved quickly by contacting us at info@wisher.com
    2. In the unlikely event that legal action becomes necessary either by us or by you, these terms shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the English courts.
  17. Questions about these terms
    1. If you have any questions about these terms or the Service you may contact us by email at help@wisher.com

 

Wisher Acceptable Use Policy

In order for the Wisher service to function smoothly for us and all users, we require as condition of your using Wisher that you adhere to each of the following points when using the Wisher website at www.wisher.com, the Wisher app made available via the Google Play Store or any other marketplace, and any related services related to the Wisher service (together, “the Service”). You acknowledge that you are wholly responsible to Wisher or any third party for anything you upload using Wisher. We may without notice remove anything from the Service which has been uploaded contrary to this Acceptable Use Policy.

You must not:

Upload without obtaining the appropriate consents any personal contact information such as email address, phone number, street address, or any information that is confidential in nature;

Attempt to use another’s account without authorisation, or create a false identity on Wisher;

Create a user profile for anyone other than yourself as an individual person, or include in your profile any image of any other person;

Submit any material which is unlawful or which is offensive, abusive, indecent, pornographic, or infringes upon intellectual property, confidentiality or other proprietary rights;

Claim that you are associated with or endorsed by Wisher unless you have entered into a written agreement with Wisher to that effect;

Republish in bulk any information derived from use of Wisher;

“White-label” or otherwise hold yourself out as the originating provider of Wisher or any material or processes contained in it;

Tamper with, disable or override (or attempt to do any of those things) any security component or process of Wisher;

Use any technical or other means or process means to “mirror”, “frame”, “scrape,” “crawl” or “spider” any web pages or other services contained in the Wisher service;

Attempt to or actually access Wisher by any means other than through the interfaces provided by Wisher (e.g. the wisher.com website, or the Wisher app). An example of such other means is attempting to access Wisher via software-as-a-service platforms that aggregate access to multiple services, which include Wisher.

 

Wisher iOS T&C

  1. These Terms
    1. These terms and the documents referenced in them create a legal agreement between you (“you” or “your”) and Wisher Ltd, of 7 Overdale Road, Ealing, London, England W5 4TU, a company registered in England and Wales under company number 09044065 (“we”, “us” or “our”) in relation to the Wisher website at www.wisher.com, the Wisher app made available via the Google Play Store or any other marketplace, and any related services related to the Wisher service (together the “Service”). You agree that by accessing and/or using the Service, you are agreeing to these terms and our Privacy Policy.
    2. You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to use the Service. Use of the Service by anyone under the age of 13 is prohibited.
    3. You can access these terms at any time at www.wisher.com/terms-and-conditions. We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using the Service and cancel your account for the Service as set out in the www.wisher.com/wisher-help
  2. Using the Service
    1. The Service is designed to enable users to share items from websites and other sources which they would like to receive as gifts (“Wishes”).
    2. Subject to these terms, we grant you a limited, non-exclusive, non-transferable, freely revocable licence to use the Service in accordance with our Wisher Acceptable Use Policy
    3. You are responsible for the internet connection and/or mobile charges that you may incur for using the Service. You must ask your internet access provider or mobile operator if you don’t know what these charges will be, before you use the Service.
    4. We have the right to suspend, withdraw or modify the Service (in whole or in part) without liability to you in the following circumstances: for technical reasons (such as maintenance, or technical difficulties experienced by us or on the internet); to allow us to improve the usability of functionality of the Service; where we have legal reasons for doing so (including privacy or other legal objections to the content or functionality of the Service); because it is no longer economically viable or efficient to provide the Service.
  3. Accounts
    1. You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to “log in details” or “account” include your log in details and account for Facebook, Twitter or any social network or platform that you may allow the Service to interact with.
    2. If you fail to keep your login details confidential, or if you deliberately or unintentionally share your login details or account with someone else, you accept full responsibility for the consequences of this and agree to fully compensate us for any losses or harm that may result.
    3. We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using the Service and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
  4. DISCLAIMER – No control over Wishes, No Warranty regarding the Service
    1. We do not control the content of any third party editorial, advertising or promotional material available in the Service (all of which is referred to in these terms as “Content”). The Content is not produced by or for us, nor comprehensively reviewed by us. Therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using the Service, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
    2. The Service is provided “as is” and without warranty of any kind. To the maximum extent permitted by law, we disclaim any and all warranties, express or implied, including implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement of proprietary rights, and any other warranty, condition, guarantee or representation. You acknowledge that we cannot reasonably guarantee, and do not guarantee, that the Service will always work properly.
    3. Any use or reliance on any Content is at your own risk.
    4. You acknowledge that it may be that one of your Wishes is fulfilled twice or more by purchase of an item by more than one user; and that it may also be that a gift you buy in respect of a Wish of your own or another user has already been purchased by another user.
    5. You acknowledge that Wisher shall have no responsibility for any item purchased by you or for you in relation to any Wish, or any item promoted by the Service.
  5. User conduct and content
    1. You must comply with all laws applicable in the UK or any other location that you access the Service from. If any laws applicable to you restrict or prohibit you from using the Service, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Service.
    2. You must at all times abide by Wisher’s Acceptable Use Policy.
    3. You promise that all the information you provide to us on accessing and/or using the Service is and shall remain true, accurate and complete at all times.
    4. Information, data, software, sound, photographs, graphics, video, tags, or other materials may be shared or otherwise made available via the Service by you or another user. You, not us, are entirely responsible for any Wish or other item that you share or otherwise make available via the Service.
  6. You agree that you will not:
    1. use the Service to harm anyone or to cause offence to or harass any person;
    2. use another person or entity’s email address in order to sign up to use the Service;
    3. use the Service for fraudulent or abusive purposes (including, without limitation, by using the Service to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Service);
    4. disguise, anonymise or hide your IP address or the source of any Content that you may upload;
    5. use the Service for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
    6. remove or amend any proprietary notices or other ownership information from the Service;
    7. interfere with or disrupt the Service or servers or networks that provide the Service;
    8. except as permitted by law, attempt to decompile, reverse engineer, disassemble or hack any of the Service, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
    9. ‘spider’, ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use the Service, including, but not limited to any personal data or information (including by uploading anything that collects information such as ‘spyware’);
    10. disrupt the normal operation of the Service or do anything which is likely to have a negative effect on other users’ ability to use the Service;
    11. disobey any requirements or regulations of networks connected to the Service;
    12. use the Service in violation of any applicable law or regulatory requirement;
    13. attempt to get around technological measures designed to control access to, or elements of, the Service; or
    14. use the Service in any other way not permitted by these terms.
  7. No control over User Contributions
    1. We do not control the content or nature of any Wishes or other material posted on the Service by other users (“User Contributions”) and therefore we do not guarantee the accuracy, integrity or quality of any User Contributions. You understand that when using the Service, you may be exposed to User Contributions that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Contributions, including, but not limited to, any errors or omissions in them, or any losses or harm of any kind resulting from the use of any User Contributions.
    2. You are solely responsible for your interactions with other users of the Service.
  8. Your breach of these terms
    1. We reserve the right to suspend or terminate your access to the Service (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Any significant breach, including any breach of paragraph 6, is likely to be considered a material breach.
    2. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
  9. LIMITATION OF LIABILITY – IMPORTANT – PLEASE READ CAREFULLY
    1. We accept liability for death or personal injury resulting from our negligence or that of our employees or agents, and for losses or harm caused by fraud by us or our agents, or any other liability which may not by law be excluded.
    2. For any losses or harm (other than those mentioned in paragraph 9.a immediately above), in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms, up to a maximum of £100.00. Losses and harm are “foreseeable” where they would have been contemplated by you and us at the time of you agreeing to these terms.
    3. We are not responsible for:
      1. losses or harm not caused by our breach of these terms or negligence; or
      2. losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
      3. any increase in loss or damage resulting from breach by you of any of these terms; or
      4. technical failures or the lack of availability of our website, Service, and/or social media channels where these are not within our reasonable control.
    4. We will provide the Service with the same skill and care as other similar Service providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of the Service is to discontinue your use of that Service and we are not responsible or liable for any interruptions or errors that you may experience while using the Service.
  10. Intellectual property
    1. You acknowledge that all copyright, trade marks (including ‘Wisher’ and the Wisher logo), and other intellectual property rights in and relating to the Service (other than any User Contributions) are owned by us or licensed to us by our partners.
    2. Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use the Service (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use the Service for anything else.
    3. You must not copy, distribute, make available to the public or create any derivative work from the Service or any part of the Service unless we have first agreed to this in writing.
    4. In particular, and without limiting the application of paragraph 10.c above, you must not make available any technological measures designed to control access to, or elements of, the Service, including providing access to any Content or User Contribution, whether on a free of charge basis or otherwise.
    5. By making User Contributions by means of the Service you:
      1. are representing that you are fully entitled to do so;
      2. grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
      3. acknowledge that you may have what are known as “moral rights” in the User Contributions, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the User Contribution; and
      4. agree that we have no obligation to monitor or protect your rights in any User Contribution that you may submit to us.
    6. You must not copy, distribute, make available to the public or create any derivative work from any User Contribution belonging to any other user of the Service.
    7. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
  11. Copyright Infringement Notices: If you believe your copyright-protected work was included in the Service without authorisation, you may submit a copyright infringement notification by emailing us with the following information: name; street address; email address; full details of the work you allege is your unlicensed copyright material. These requests should only be submitted by the copyright owner or an agent who is authorised to act on the owner’s behalf. If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Under no circumstance should you make any claim which is not founded. Misuse of this process may result in the suspension of your account or other legal consequences.Open Source Software: All open source or third-party code incorporated in the Service is covered by the applicable open source or third-party end user license agreement, if any, that authorises the use of such code.
  12. Open Source Software: All open source or third-party code incorporated in the Service is covered by the applicable open source or third-party end user license agreement, if any, that authorises the use of such code.
  13. Privacy
    1. We are registered with the Information Commissioners as a data controller in the United Kingdom.
    2. We will only collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these terms. By using the Service, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy you should not access and/or use the Service.
    3. Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link the Service to. If you use the Service and you agree to allow them to interact with a social network you are giving us permission to use your email address and other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can use socially. This is intended to make the Service more enjoyable for you and others that use the Service on the social network. If you do not agree to these practices you should not allow the Service to interact with your social network.
    4. We may use cookies to store certain types of information each time you use the Service. They may for example be used to help us recognise your computer and to ensure that your account is accessed by the person that inputs the correct username and password for that account. You can find out more about how we use cookies by reading our Privacy Policy.
  14. Links
    1. We link to third party websites or services from the Service, including links to sources giving more detail regarding individual Wishes. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse them. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties (including buying gifts in relation to Wishes) are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.
  15. General
    1. We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
    2. These terms set out the entire agreement between you and us concerning the Service (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us. If you also access or use the Service via other platforms (for example, on our website or via any other third party website or service) then different terms apply in respect of those services.
    3. If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by the Applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
    4. Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
  16. Complaints and dispute resolution
    1. Most concerns can be solved quickly by contacting us at info@wisher.com.
    2. In the unlikely event that legal action becomes necessary either by us or by you, these terms shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the English courts.
  17. Apple Mandatory Terms. By downloading the Wisher app from the Apple iTunes Service Store, the following terms also apply to you:
    1. Acknowledgement: Both of us acknowledge this constitutes an agreement between you and us only, and not with Apple, and we, not Apple, are solely responsible for the Service and the content thereof.
    2. Scope of Licence: This Licence granted to you for the Service is limited to a non- transferable license to use the Service on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the Service Store Terms and Conditions (the “Usage Rules”).
    3. Maintenance and Support: We, not Apple, are solely responsible for providing any maintenance and support services with respect to the Service, as specified in this Agreement. We and you both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
    4. Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
    5. Product Claims: We and you acknowledge that We, not Apple, are responsible for addressing any claims by you or any third-party relating to the Service or your use or possession of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    6. Intellectual Property Rights: You and We acknowledge that, in the event of any third-party claim that the Service or your possession and use of the Service infringes that third-party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
    7. Legal Compliance and Export: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    8. Third Party Beneficiary: We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
  18. Questions about these terms
    1. If you have any questions about these terms or the Service you may contact us by email at help@wisher.com