Important

Please read these Terms of Use carefully before using the services offered by whYTiTi. (“whYTiTi”), a company registered in the Netherlands. These terms of use set forth the legally binding terms and conditions for your use (as “User(s)”) of the website at https://whytiti.com and the whYTiTi Android and iOS apps (the “Platform”) and the services, features, content, applications or widgets offered by whYTiTi (collectively with the platform, the “Service”). These Terms of use can be downloaded and printed via whytiti.com.

Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Platform, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate whYTiTi's Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Platform by whYTiTi, each of which is incorporated by reference and each of which may be updated by whYTiTi from time to time. Any amendment of these Terms of Use will be announced at least one (1) month before it will take effect. If the User does not agree to an amendment, it has the right to terminate the agreement as of the date the amendment would have entered into force. In addition, some services offered through the Service may be subject to additional terms and conditions specified by whYTiTi from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Access

Subject to these Terms of Use, whYTiTi may offer to provide the Services, as described in more detail on the Platform, and which are selected by you as User.

Registration and Eligibility

You are required to register and become a User with whYTiTi and represent, warrant and covenant that you provide whYTiTi with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your whYTiTi account. We recommend, but do not require, that you use your User Name from another platform (Instagram, Tik Tok, Twitter etc) as your User Name so your friends and followers can recognize you more easily.

You shall not:

whYTiTi reserves the right to refuse registration of, or cancel a User Name, or transfer ownership of a User Name in its sole discretion. Users are solely responsible and liable for activity that occurs on their account and shall be responsible for maintaining the confidentiality of their whYTiTi password. You shall never use another User's account without such other User's prior express permission. You will immediately notify whYTiTi in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 16 years old. whYTiTi may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. If the Terms of Use or use of the Service is prohibited by any laws, rules or regulations applicable to you, you agree not to use or access the Platform or Services in any way.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Service.

Your Content

For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, photo albums, and interactive features generated, provided, or otherwise made accessible by whYTiTi on or through the Service. All Content, whether publicly posted or privately transmitted, must be the sole intellectual property of the person who posts or transmits such Content. whYTiTi cannot guarantee the authenticity of any Content or data, which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.

You retain the intellectual property rights relating to the Content you make available through the Service. You acknowledge and accept that by making the Content available through the Service, you automatically and free of charge grant whYTiTi an unlimited, worldwide, irrevocable, sublicensable and transferable license to reproduce, distribute, redistribute, modify, translate, adapt, prepare derivative works, display and otherwise use all or part of the Content, by any and all means, in the context of providing the Service and/or our business activities, and within the limits of the privacy settings you have chosen for your content. This means that if you set certain Content to be available publicly, whYTiTi may use such whYTiTi in connection with the Platform, Service and whYTiTi’ business as whYTiTi may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into our travel guides, marketing materials, advertisements and other works, creating derivative works from it, promoting it, and distributing it.

You also hereby do and shall grant each other User you have authorized to access your Content a non-exclusive license to access your Content through the Platform and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content in connection with their use of the Platform and Service, in order for each other user to be able to (normally) use the Platform and Service. You understand that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such Content originated; that whYTiTi will not be liable for any errors or omissions in any Content; and that whYTiTi cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service.

User represents and warrants that it has all rights to grant the licenses as laid down in article of these Terms of Use, without infringing or violating any third party rights, including but limited to, any privacy rights, publicity rights, intellectual property rights or any other proprietary rights. User indemnifies whYTiTi against any and all third party claims, based upon any alleged infringement of such third party rights in relation to the Content.

When you delete your Content, it will be removed from the Service. However, you understand that any removed Content may persist in backup copies for a reasonable period (but following removal will not be shared with others) or may remain with Users who have previously accessed and downloaded your Content.

Other Content

The Service contains Content specifically provided by whYTiTi or its partners and such Content is protected by intellectual property rights and associated rights, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow (“Intellectual Property Rights”). You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Subject to these Terms of Use, whYTiTi grants each User of the Platform and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from whYTiTi, or from the Intellectual Property Right holder, as applicable.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

You shall not (directly or indirectly):

whYTiTi does not guarantee that any Content (as defined above) will be made available on the Platform or through the Service. whYTiTi has no obligation to monitor the Platform, Service or Content.

However, whYTiTi reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if whYTiTi is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any Content from the Service.

whYTiTi access to your information

whYTiTi reserves the right to access, read, preserve, and disclose any information as whYTiTi reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of whYTiTi, its users and the public.

Feedback and Unsolicited Idea Submission Policy

whYTiTi welcomes your feedback regarding whYTiTi' existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at support@whytiti.com. Any feedback you provide to whYTiTi or any of its employees shall be deemed to be non-confidential.

whYTiTi shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.

Third Party Sites and Services

The Service may permit Users to link to other websites, apps, services or resources on the Internet, and other websites, services or resources may contain links to the Platform. When you access third party websites, you do so at your own risk. These other websites are not under whYTiTi's control, and you acknowledge that whYTiTi is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by whYTiTi or any association with its operators. You further acknowledge and agree that whYTiTi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. This includes downloading the Platform from third party application stores (e.g., Apple App Store and Google Play Store) authorized by whYTiTi

Conditions of Payments

Eligibility and PayPal Terms

To order any whYTiTi or other products, Users must be at least eighteen (18) years of age or the applicable age of majority in their jurisdiction. If you pay by means of PayPal, your PayPal issuer agreement governs your use of your designated account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a account holder. You agree that no additional notice or consent is required before whYTiTi invoices the PayPal account for all amounts due and payable. By providing whYTiTi with your PaylPal account and associated payment information, you agree that whYTiTi is authorized to immediately invoice your account for all fees and charges due and payable to whYTiTi as a result of your treats to other user or other products. You agree to immediately notify whYTiTi of any change in the PayPal account used for payment hereunder or in any associated information.

whYTiTi Credit

Any credit issued to you by whYTiTi has cash value and is exchangeable as cash. whYTiTi credit may be redeemed towards future treats and or purchases using your whYTiTi account, and your whYTiTi credit will be automatically applied in the checkout process. whYTiTi credit is valid for 1 year from the date of last purchase, or if the User has not purchased, from the date of registration as a whYTiTi User. If your whYTiTi credit expires, it will be removed from your whYTiTi account.

Fees and Charges

You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, applicable shipping fees, sales, use or value-added taxes) at the rates in effect when the charges were incurred. Fees charged for goods and services may change at any time without advanced notice. whYTiTi may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with the products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as whYTiTi has no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.

 

Payments 

All payments for any services such as Treats will be initially processed via PayPal, until unless stated otherwise by whYTiTi. Any fees related to any payment will be covered by whYTiTi as this has already been calculated in the pricing.

 

Receiving Payments of gotten treats

User may request whYTiTi for payment for received cash by other users. Request of such payments can only be done when the user has acquired more then €100,- or more worth of cash. whYTiTi will issue payments via PayPal or via bank transfer. The user is responsible for providing the correct information to where the cash is to be transferred to. whYTiTi cannot be held accountable if incorrect information was provided. whYTiTi, might save your account details for the ease of future processing. Any fees related to any payments will be covered by the user as stated in Fees and Charges section.

Disputes

Any dispute relating in any way to the Associates Program or this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law and the laws of the state of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

 

You must notify us in writing within seven (7) days after receiving your PayPal, bank or other statements, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to the following address: whYTiTi Customer Service, Zalmvisserspad 21, 5932XT Tegelen, The Netherlands, or via email at support@whytiti.com.

Termination

whYTiTi may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Platform. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

The Platform and Services are provided on an “as is” basis. whYTiTi does not warrant that the Platform and Services are accessible at all times and/or are (fully) functional at all times.

You acknowledge that whYTiTi has no control over, and no duty to take any action regarding: which Users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. whYTiTi makes no representations concerning any Content contained in or accessed through the Service, and whYTiTi will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. You release us from all liability relating to your connections and relationships with other Users. You understand that we do not, in any way, screen Users, nor do we inquire into the backgrounds of Users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of Users or the veracity of any information Users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

Indemnification

You shall defend, indemnify, and hold harmless whYTiTi, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Platform, Service, Content or otherwise from your Content, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any Intellectual Property Right or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of whYTiTi). whYTiTi reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with whYTiTi in asserting any available defenses.

Liability

whYTiTi’s liability, whether based upon (attributable) default, unlawful act or any other ground, is excluded.

Governing Law

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and whYTiTi agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of The Netherlands. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the Court in Amsterdam to which the Parties irrevocably submit.

Integration and Severability

These Terms of Use are the entire agreement between you and whYTiTi with respect to the Service and use of the Platform, Service and Content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and whYTiTi with respect to the Platform. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, whYTiTi must provide you with written notice of such waiver through one of its authorized representatives.

Miscellaneous

whYTiTi shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond whYTiTi its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with whYTiTi’ prior written consent. whYTiTi may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Contact

You may contact whYTiTi at the following address: Zalmvisserspad 21, 5932XT Tegelen, The Netherlands. whYTiTi is registered with the Chamber of Commerce in the Netherlands under number 81546262.

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