Terms and conditions of sale

WUGWUG TERMS AND CONDITIONS OF SALES

 

(Effective as of ____/____/2019)

GDPR PROTECTION
GDPR protection plays a vital role in keeping personal data and digital privacy confidential. As per the privacy policies of our company and website, we follow the GDPR terms very keenly. If you reside under the European Economic Area, then your data will be protected following GDPR terms. You will have the right to withdraw your consent, data protection from sharing, access the personal information and for desirable changes, and also the right to object, rectification and restriction will be served to you. But, we can use your information for payment processing, and other website uses as you have shown your consent to us.

INTRODUCTION
Welcome to the WUGWUG website available at: www.WUGWUG.com (Site).  This website is owned and operated by WUGWUG successors and assignees, (we or us).

These Services Terms and Conditions (Terms and Conditions) apply to every client who uses our information, documents, software, and any other products and/or services that we provide (together referred to as “Services”).  Please read these Terms and Conditions carefully.  By using our Services, you agree to comply with and be bound by our Terms and Conditions.

The terms “us”, “our” or “we” refers to WUGWUG, the company operating this Site. The terms “you” or “your” refers to the Site user, collectively referred to as “the Parties” or each a “Party”.  Our Terms and Conditions, Privacy Policy and Website Terms of Use (available on our Site) govern the relationship between WUGWUG and you in connection with the use of our Site and Services.

In using our Services, you warrant that you have had sufficient opportunity to access these Terms and Conditions and contact us, and that you have read, accepted and will comply with our Terms and Conditions, and that you are 18 years or older. If you do not agree to these Terms and Conditions, do not use our Site and/or Services.

STATUS OF THESE TERMS AND CONDITIONS AND UPDATES
These terms and conditions, together with our Privacy Policy and Copyright Policy, will form a legally binding agreement between you and WUGWUG in relation to your use of the Wugwug.com website. By using the Wugwug.com website, you confirm that you accept these terms and conditions and that you agree to comply with them. If you do not agree to these terms and conditions, you must not use the Wugwug.com website.

This version of the Wugwug.com terms and conditions supersedes all prior, written or oral understandings or agreements and applies to the exclusion of any other terms or conditions that you may seek to impose or incorporate, or which are implied by law, trade, custom, practice or course of dealing. We may update these terms and conditions from time to time. Any changes to these terms and conditions will be displayed on the Wugwug.com website and your continued use of the website indicates your agreement to these changes. Accordingly, please check this page from time to time to take notice of any changes we made, as they will be binding on you. Any changes to specific seller terms will be notified by email to the seller.

ACCESS TO THE WUGWUG WEBSITE AND WUGWUG’S LIABILITY
Although Wugwug.com makes reasonable efforts to update the information on the Wugwug.com website, WUGWUG makes no representations, warranties or guarantees that the content on the Wugwug.com website is accurate, complete or up-to-date.

Wugwug.com does not guarantee that the WUGWUG website, or any content on it, will always be available or be uninterrupted. Access to the Wugwug.com website is permitted on a temporary basis. Wugwug.com may suspend, withdraw, discontinue or change all or any part of the Wugwug.com website without notice. WUGWUG will not be liable to you if for any reason the Wugwug.com website is unavailable at any time or for any period.

You are responsible for ensuring that all persons who access the Wugwug.com website through your internet connection are aware of these terms and conditions and that they comply with them.

Nothing in these terms and conditions excludes or limits Wugwug.com’s liability for death or personal injury arising from Wugwug.com’s negligence, or Wugwug.com’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

To the extent permitted by law, Wugwug.com excludes all conditions, warranties, representations or other terms which may apply to the Wugwug.com website or any content on it, whether express or implied.

Wugwug.com will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Wugwug.com website; or
  • Use of or reliance on any content displayed on the Wugwug.com website.

If you are a business user and you purchase a product on the Wugwug.com website then (subject always to the provisions above and below) Wugwug.com’s total liability to you will be limited to the total amount paid by you for the product. If you are a business user and you sell a product on the Wugwug.com website, Wugwug.com’s total liability to you will be limited to the amount of commission payable by you to us.

If you are a consumer user then (subject always to the provisions above and below) Wugwug.com will be responsible for loss or damage you suffer that is a foreseeable result of Wugwug.com’s negligence or breach of these terms and conditions, but Wugwug.com will not be responsible for any loss or damage that is not foreseeable.

Wugwug.com will not be liable for:

  • loss of data (as it is your responsibility to back-up and keep copies of all data you submit to the Wugwug.com website);
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • Any indirect or consequential loss or damage.

Wugwug.com will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Wugwug.com website or to your downloading of any content on it, or on any website linked to it.

Wugwug.com assumes no responsibility for the content of websites linked on the Wugwug.com site. Such links should not be interpreted as endorsement by Wugwug.com of those linked websites. Wugwug.com will not be liable for any loss or damage that may arise from your use of them.

Product descriptions and images displayed on the Wugwug.com website are illustrative only and are published to provide users with a guide to the products being offered and do not contribute in any way to a binding contract between users and sellers and/or Wugwug.com. No responsibility or liability is assumed by Wugwug.com for the information, service and/or products being suitable for the purpose of the user.

If you are a consumer, advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights.

INTELLECTUAL PROPERTY
Wugwug.com is the owner or the licensee of all intellectual property rights in the Wugwug.com website, and in the material published on it, with the exception of products for sale. These works are protected by copyright laws and treaties around the world. All such rights are reserved. For further information on intellectual property, please see our Copyright Policy.

VIRUSES
Wugwug.com does not guarantee that the Wugwug.com website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Wugwug.com website. You should use your own virus protection software.

You must not misuse the Wugwug.com website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Wugwug.com website, the server on which it is stored or any server, computer or database connected to Wugwug.com website. You must not attack the Wugwug.com website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

LINKING
You may link to the Wugwug.com home page, provided you do so in a way that is fair and legal and does not damage Wugwug.com’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Wugwug.com reserves the right to withdraw linking permission without notice.

Where the Wugwug.com website contains links to other sites and resources provided by third parties, these links are provided for your information only. Wugwug.com has no control over the contents of those sites or resources.

GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and read in accordance with the laws of USA and shall be subject to the exclusive jurisdiction of the courts of California USA.

Additional terms relating to the use of our website

Sections in this document apply as follows:
Section 1 – All registered users
Section 2 – Buyers
Section 3 – Sellers

SECTION 1 – ALL REGISTERED USERS
To register with the Wugwug.com website you must be 18 years of age or over, and must provide a valid email address and accurate information about yourself. At our discretion we may refuse a username if it is inappropriate for any reason, e.g. a trademark or is offensive. If we notice that any information given by you is untrue or inaccurate we have the right to delete your registration without notice, at any time. Your personal information is subject to our Privacy Policy

You must keep your username and password confidential. Should you approve another individual to use your account you are solely responsible for their actions. If you are using the account on behalf of an organization you must be authorized to represent that organization. If you find that there has been unauthorized use of your account you agree to notify Wugwug.com immediately.

You must not interfere or disorder any aspect of the Wugwug.com website and ecommerce system. In agreeing to these terms and conditions you agree to:

  • Treat other users of the Wugwug.com website with respect and courtesy, ensuring that your use complies with their legal rights
  • Keep information provided by, or on behalf of Wugwug.com in your possession and not supply it to any third party

In agreeing to these terms and conditions you understand that Wugwug.com does not own, control, quality assure accuracy of content or endorse products for sale on Wugwug.Com.  Wugwug.com disclaims all responsibility and liability for the information and products displayed on and sold through the website, including accuracy, legality, content and reliability.

As Wugwug.com does not buy or sell the seller’s products, both buyers and sellers understand and agree that if disputes arise between them that Wugwug.com is not responsible or liable for any losses, claims, damages, costs or demands of any kind, known and unknown, suspected and unsuspected, disclosed and undisclosed arising from such disputes.

Users of the site understand and agree that any feedback and ratings they post to the Wugwug.com website will be publicly available for viewing. Wugwug.com is not responsible for monitoring, checking or editing the feedback or ratings posted on the website and are not liable for any claims or actions connected with any feedback or ratings. Registered users should use the contact form on the website to report any inappropriate or dishonest feedback and Wugwug.com will investigate the claim. It will be at the discretion of Wugwug.com as to whether the feedback should be removed.

Links to external websites on the Wugwug.com site are not under the control of Wugwug.com and therefore the content and operation of such linked sites are not their responsibility.

You can close your account at any time and for any reason by notifying us using the contact form. Once your account has been closed you will need to re-register to sell or purchase products.

SECTION 2 – BUYERS
Products displayed and sold through the Wugwug.com website are not owned by Wugwug.com, but remain the property of the third party supplier (on whose behalf Wugwug.com acts as agent). Your contract for purchase will be with the third party supplier, not Wugwug.com. Products purchased are sold on an ‘as is’ basis and no warranties or guarantees are offered by Wugwug.com.

A legally binding contract of sale will be formed between you and the supplier of the product when you have confirmed your order, Wugwug.com has confirmed that the seller will sell the product at the price advertised and you have paid the product price in full, plus VAT as required.

You may use the following payment methods:

  • Checkout on the site using PayPal’s payment system with a PayPal account, credit or debit card
  • Other payments method as stipulated by Wugwug.com

Wugwug.com will collect payment as agent for the third party supplier.

When you purchase a product via the Wugwug.com website you provide us with your permission to supply you with the means to access the digital goods you have purchased immediately, a downloadable product, or within one working day, an online product. Once payment has been made you will be sent an email with the details of your purchase. If your purchase is for access to an e-learning course, you will receive a second email with details of how to access the course within one working day (GMT Monday to Friday).

When purchasing a product you are buying a non-exclusive license to use the product, upon terms specified by the seller, and ownership of the product remains with the seller unless explicitly described by the seller in the details of their product for sale. Unless described otherwise by the seller you must not copy, modify or re-produce a non-original version of the product you purchase, or loan, lease, sell or distribute the product. You download and use suppliers’ products at your sole risk. Wugwug.com does not guarantee any specific outcomes as a result of you purchasing a product from the website.

Refund requests should be made to Wugwug.com through the contact form on the website or by email to (Wugwug.com Email Address Here). The Wugwug.com Refunds policy states that a full refund will be issued if a purchased on-line course has not been accessed and the refund claim is made within fourteen days of the purchase. Refunds for downloads will be looked at on a case by case basis, but requests will normally only be upheld for products purchased that are defective or not as described by the seller.

If you are a consumer, please note that you waive your right to a refund under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 if you access an online product or download a downloadable product. Up until this point, and within fourteen days of making your purchase, you may cancel your purchase by contacting us in writing and we will issue a full refund. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

SECTION 3 – SELLERS
As a seller you agree to appoint Wugwug.com as your non-exclusive agent to display, market and sell products that are owned by or licensed to you; you warrant that you are the original author and own the copyright of the product and therefore have the right to sell the products or that you are a licensee with sufficient authority to do so. In agreeing to these terms and conditions you agree that in selling products through the Wugwug.com website you are not infringing any legal or intellectual property rights of any third party and you agree to indemnify and hold harmless Wugwug.com from and against all losses, damages, costs and expenses suffered or incurred by Wugwug.com as a result of or in connection with any intellectual property infringement claim brought or threatened by any third party. Wugwug.com has no responsibility or liability with respect to any claims arising from infringement of the law in any country in relation to the products Wugwug.com displays, markets and sells on behalf of third parties. Products displayed and sold through the Wugwug.com website remain the property of the seller. The seller has sole responsibility and control of their products, including risk of loss.

As a Wugwug.com seller you agree to the publication of feedback and ratings about your products, even though the feedback may be critical, insulting or defamatory and you waive all rights against Wugwug.com in respect of any liability in connection with the publication of defamatory comments about you or your organization. Should a registered user post inappropriate, untrue or dishonest comments about you or your products you should use the contact form on the website to report them and Wugwug.com will investigate your claim. It will be at the discretion of Wugwug.com as to whether the feedback should be removed. Please note that Wugwug.com will not monitor feedback posted on the Wugwug.com website.

You, the seller, will provide the required information for your products as required by Wugwug.com in the online Product Submission form. You must ensure that the information you provide is accurate, complete and not misleading. You are solely responsible for setting the price of your products and any discounts attributed to those products. However, Wugwug.com requires that you price your products for no more than they are advertised elsewhere online. If a Wugwug.com buyer locates the exact same product at a lower price you will be required to sell your product on the Wugwug.com website for the lower price to that buyer. Also responsibility lies with you the seller to define any applicable duration for access to your products, should these be delivered through your own online system. You are solely responsible for the process, format and expense of delivery of your products through your own systems. Downloadable products will be available to the purchaser for a month following their purchase.

You give Wugwug.com, as your agent, the authority to collect the value of all purchases of your products made through the Wugwug.com on your behalf. You agree to pay Wugwug.com commission on the sale of your products sold through the Wugwug.com calculated as a percentage of the total net price of your product plus VAT, as outlined on our website.

Wugwug.com reserves the right to modify the commissions charged to sellers, following a review of the commission structure, provided that sellers are notified by email of any new commission rates at least 60 days prior to the changes taking place.

Wugwug.com will collect the value of supplier’s sales, plus VAT as required, from buyers. Commission payable by the seller, plus VAT will be deducted from the collected amount and will be payable weekly / monthly to the seller by Wugwug.com, no later than 30 days following sales that have been made. Payments to sellers will be made via PayPal or Credit/ Debits Card, as per the information supplied in the Sellers Registration form.

As a seller you are required to have your own Refunds and Returns policy or to agree to the terms of the Wugwug.com Refunds and Returns policy, which states that a refund will be issued if a purchased on-line course has not been accessed or is defective or does not comply with the published description. Refunds for downloads will be looked at on a case by case basis, but requests will normally only be upheld for products purchased that are not as described by the seller. Refunds will not be issued if an on-line course has not been accessed within the course duration as described in the product details.  In submitting your sellers information to Wugwug.com and agreeing to the Terms and Conditions you give Wugwug.com authority to implement your sellers Refunds and Returns policy or if requested the Wugwug.com Refunds and Returns policy.

If Wugwug.com refunds a buyer for the value of a product they have purchased, in accordance with the agreed Refunds and Returns policy, the refund will be applied against any amounts owed to you, the seller. If no amounts are owed then Wugwug.com will invoice you for the amount paid to you for those sales that were refunded.

You may withdraw any of your products for sale from the Wugwug.com website by providing Wugwug.com with 30 days written notice; however you are required to fulfill any sales that have been made.

SECTION 3A – SELLER RULES
You must:

  • When submitting a product for sale accurately complete the sellers Product Submission form
  • Following notification of a sale of an online course delivered by your organization respond to requests from Wugwug.com for user access details to the course within one working day
  • Ensure that all submitted products comply with applicable laws and are not copied or duplicated in any format

You are prohibited to:

  • Divert Wugwug.com users to another website or sales process either through links, advertisements, marketing messages or “calls to action”
  • Do not contact Wugwug.com customers directly, unless the customer has purchased a product through the eLearning Marketplace and has sought support from you for that product
  • In any communication with Wugwug.com customers you must not include advertisements, marketing messages or “calls to action” that encourage customers away from the Wugwug.com website and keep the communication limited to details around support of your product
  • Misuse the ratings and feedback forum. Do not include inappropriate comments or personal information about any user or supplier in feedback.

Including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names, trademarks and any other similar protected rights in any country.