Terms of Service

THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH WADEENY OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to the user agreement (the "Agreement" or "User Agreement" or "Terms of Service") for Wadeeny, a website owned and operated by Wadeeny. This User Agreement is a legally binding agreement made between you ("You," "Your," or "Yourself") and Wadeeny ("Wadeeny," "Wadeeny.com," "We," "Us" or "Our").

Wadeeny.com is an online service that provides a venue to enable persons who seek transportation to certain destinations ("Passengers") to find and choose persons driving to or through those destinations ("Drivers"). For purposes of this Agreement these services shall collectively be defined as the "Services". This Agreement describes the terms and conditions that will govern Your use and participation of the Services. The Services include (but are not limited to) (1) the services available under the domain and sub-domains of www.wadeeny.com (the "Site") and (2) any Wadeeny "widget" or service embedded on a third-party website.

Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Services. By using any of the Services, You become a User of all Services available on the Site ("Participant" or "User") and You agree to be bound by the terms and conditions of this Agreement.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS OUR SERVICES OR REGISTER FOR THE SERVICES PROVIDED ON THE SITE. We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective when initially posted on the Site. We strongly recommend that, as You read this User Agreement, You also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to You as a Participant. This Agreement may not be otherwise amended except in a writing signed by You and Wadeeny.

WADEENY DOES NOT PROVIDE TRANSPORTATION SERVICES, AND WADEENY IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDER, DRIVER OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE ARRANGED THROUGH USE OF THE SERVICES. WADEENY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

Payment terms

Any fees which Wadeeny or any third party may charge Drivers and/or Passengers for the Services are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of (i) Your decision to terminate Your usage, (ii) Our decision to terminate Your usage, (iii) disruption caused to Our Services either planned, accidental or intentional, or (iv) any other reason whatsoever. Wadeeny reserves the right to determine final prevailing pricing for Drivers and/or Passengers. Please note the pricing information published on the website may not reflect the prevailing pricing for Drivers and/or Passengers.

Wadeeny, at its sole discretion, may make available promotional offers with different features and different rates to any of Our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. Wadeeny may change the fees for Drivers or Passengers for Our Services as we deem necessary for Our business. We encourage you to check our website periodically if You are interested in keep abreast of how We charge for the Services.

Eligibility

Children or minors (persons under the age of 18) are not permitted to use the Service. Our services are available only to, and may only be used by, individuals who can form legally binding contracts under Applicable Law (Applicable Law is described below). Applicable Law means any applicable law, statute, treaty, regulation and ordinance of any state, province, territory or country. By using the Service, you represent and warrant that you are at least 18 years old. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation of the Service is for your personal use. Business and government entities are permitted to use the Service only after explicit approval from us.

Term and termination

You agree that this web-site, in its own discretion, may terminate use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term, (c) We cannot verify or authenticate the registration information you provide to us. Our terms may be updated occasionally, at our sole discretion with or without notice to you. The most current version of the terms and conditions will always be available on the site. By continuing to use, visit or browse you agree to be bound by the current version of the Terms and Conditions.

Your information

Your Information is any information You provide, publish or display ("post") to the Site or send to other Users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information"). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Service. You are solely responsible for Your Information and Your interactions with other people in the public, and we act only as a passive conduit for Your online posting of Your Information. When You use Wadeeny.com, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and update Your Information to keep it accurate, current and complete. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services. You also agree to uphold and maintain Our Privacy Policy and to the terms and conditions thereof. You may read a full description of our Privacy Policy contained at http://www.wadeeny.com/terms.php

Restricted activities

You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate Your participation in Wadeeny if You have misused the Site or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. (i.) With respect to Your participation on the Site or through the Services, You agree that You will not: (a) Impersonate any person or entity; (b) "Stalk" or otherwise harass any person; (c) Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent; (d) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (e) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (f) remove any copyright, trademark or other proprietary rights notices contained in the Service; (g) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site; (h) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (j) "frame" or "mirror" any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Service or the site in order to direct any person to any other web site for any purpose; (k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so; or (l) use the Services in connection with any commercial endeavors whatsoever without the express prior written consent of Wadeeny. (ii.) You further agree that Your Information and Your interactions on the Site shall not: (a) be false, inaccurate or misleading; (b) infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (f) include in Your Information any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where explicitly asked for it in the Your registration and profile section; (h) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) create liability for us; and (j) link directly or indirectly to any other websites. You further agree that You will not transfer, use, or sell Your Wadeeny.com account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions.

Proprietary rights

You warrant and represent to Us that Your Information is posted by You and that You are the sole author of Your Information. To enable Wadeeny to use Your Information without violating any rights You might have in such information, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other Participants, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights You have in Your Information and Your Content, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or not currently known, with respect to Your Information. Wadeeny will only use Your Information and Content in accordance with our Privacy Policy. You may remove Your Content or Your Information from the Site at any time. If You choose to remove Your Content or Your Information, the license granted above will automatically expire, however you acknowledge that Wadeeny may retain archived copies of Your Content. Wadeeny does not assert any ownership over Your Content; rather, as between Us and You, subject to the rights granted to us in these Terms of Service, You retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content. In addition, other Participants may post copyrighted information on the Site, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information of other Participants on the Site.

Information control

We cannot verify or guarantee the accuracy of the information Users provide us on the Site, and We do not control the information provided by other Users that is made available through our system. Therefore, Wadeeny.com cannot and does not confirm each User's purported identity. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, You agree to accept such risks and Wadeeny is not responsible for the acts or omissions of users on the Site. In order to help You evaluate with whom You are dealing, Wadeeny.com can link to a user's Facebook.com profile if they supply us with their Facebook.com account information. We also encourage You to communicate directly with each potential Driver or Passenger prior to engaging in an arranged transportation service.

Wadeeny e-mail communications

E-mail communications sent from Us or through Us are designed to make Your Wadeeny experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails informing You about potential available Drivers or Passengers and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. If You do not wish to receive any of our e-mail communications please do not use the Service.

Copyright complaints and copyright agent

You shall not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the wadeeny.com service in a way that constitutes copyright infringement, please provide us and our representatives with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software is the property of wadeeny.com or its content suppliers and protected by International copyright laws. The compilation of all content on this site is the exclusive property of wadeeny.com and protected by International copyright laws. All software used on this site is the property of wadeeny.com or its software suppliers and protected by International Copyright Laws.

Online content disclaimer

Opinions, advice, statements, offers, or other information or content made available through the service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the service and neither do we adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the service, or transmitted to participants. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the service. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post in the public areas of the service and in Your private e-mail messages. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.

Other disclaimers

We, our subsidiaries, officers, directors, employees and our suppliers provide the Site and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Site and/or the Services. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Service will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Service will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Site or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by Wadeeny.com, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Site or in connection with any Content. Wadeeny is not responsible for the conduct, whether online or offline, of any user of the Site or Service. It also is possible for others to obtain personal information about You due to Your use of the Site or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Site or through the Services. You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the Site or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or "hackers").

Wadeeny.com only offers a venue that enables drivers and passengers to match with each other. Wadeeny.com does not offer transportation services and Wadeeny is not a transportation company. We are not involved in the actual transportation services between Drivers and Passengers. As a result, we have no control over the quality or safety of the transportation that occurs as a result of this rideshare venue service; nor do we have any control over the truth or accuracy of the of Participants' information listed on Wadeeny.com. We cannot ensure that a Driver or Passenger is who he or she claims to be or that a Driver or Passenger will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Wadeeny. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Wadeeny assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Wadeeny is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service.

Limitation of liability

WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY PASSENGER, DRIVER OR OTHER THIRD PARTIES ON OUR SERVICES; OR (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE.

WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERNET, AND EMAIL DISCONTINUITY.

Complaints

To resolve a complaint regarding the Service, You should first contact our Customer Service Department by email at team@wadeeny.com.

Breach

Without limiting other remedies, we may terminate Your Participation, remove Your Information, warn our community of Your actions, issue a warning, and refuse to provide our services to You if: (a) You breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information You provide to us; (c) we believe that Your actions may cause financial loss or legal liability for You, our users or us; or (d) if we suspect that You have engaged in fraudulent activity in connection with the Site or the Services.

Privacy

a. By agreeing to the terms of this agreement, you agree to display your name,age and contact information, a personal description about yourself and photograph/s (if you choose this upload).

b. We will do everything that we can to ensure that your details are secured in our database. However, we take no responsibility should your personal information be retrieved in any way or form by another party or person.

c. By participating in our forums, online chat and/or posting feedback on rides you agree that we may display, delete, and/or change this information without warning or notification at any time.

No agency

You and Wadeeny are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices to Wadeeny shall be given via email to team@wadeeny.com, and any notices to You shall be given to You via the email address You provide to Wadeeny.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Wadeeny.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

General

This Agreement shall be governed by the laws of Germany without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Wadeeny. in our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.