About WivMe and this agreement
We are WivMe Limited, with registered offices located at 124 City Road, London, United Kingdom, EC1V 2NX, the creators of WivMe.
In these terms, “Web App” means the WivMe web application at wivmeapp.com; “App” means the WivMe mobile application downloaded to your device; and “Platform” means the Web App and the App. References to the Platform apply to whichever of them you use.
Part A applies to use of the Platform. Part B applies when you use the Web App. Part C applies when you use the App. If you use both, both relevant parts apply. The Apple-specific provisions apply to iOS users, and the Google-specific provisions apply to Google Play users, as specified in Part C.
Part A — Shared terms
A1 Our services
C9.1WivMe is a social activity platform which enables users to create, publish and join activities organised by other users.
C9.2Through the Platform users may:
C9.3create and publish activity listings;
C9.4apply to participate in activities created by other users;
C9.5choose to be open for invites by other users posting an activity listing;
C9.6view certain profile information relating to other users;
C9.7communicate with other users through direct messaging functionality; and
C9.8participate in group chats associated with activities.
C9.9WivMe acts solely as a technology platform facilitating introductions and communications between users.
C9.10WivMe does not typically organise, operate, manage, supervise, control, sponsor or endorse any activity listed on the Platform.
A2 User accounts
C9.11To use certain features of the Platform, you must register an account and provide accurate, current and complete information.
C9.12You must:
C9.13be at least 18 years old (and therefore successfully validate your telephone number and pass the age verification step, conducted via a third party);
C9.14provide truthful information when creating your account;
C9.15keep your account details up to date;
C9.16maintain the confidentiality of your login credentials; and
C9.17immediately notify WivMe of any unauthorised use of your account.
C9.18You are responsible for all activity occurring through your account.
C9.19You may only maintain one account unless expressly authorised by WivMe.
C9.20WivMe reserves the right to suspend, restrict or terminate accounts that contain false information, are used in breach of these Terms, or otherwise present a risk to the Platform, its users or WivMe.
A3 User organised activities
C9.21All activities advertised through the Platform are organised and hosted solely by users.
C9.22The user publishing an activity is solely responsible for:
C9.23the accuracy of the activity description;
C9.24venue arrangements;
C9.25ensuring the activity complies with applicable laws and regulations;
C9.26participant management; and
C9.27the safe conduct of the activity.
C9.28WivMe is not a party to any arrangement, agreement or understanding formed between users through the Platform and accepts no responsibility for the organisation, quality, legality, safety or outcome of any activity.
A4 Applications and activity participation
C9.29By applying to join an activity, you acknowledge and agree that:
C9.30your profile information may be displayed to the activity organiser;
C9.31if your application is accepted, your profile information may be visible to other participants in that activity;
C9.32you may be added to activity-specific direct message conversations or group chats; and
C9.33other participants may view content that you choose to share in those chats.
C9.34You remain solely responsible for any information that you disclose to other users.
A5 User interactions
C9.35WivMe does not verify the identity, background, qualifications, suitability or intentions of users.
C9.36WivMe does not conduct criminal record checks or make any representations regarding the conduct of users.
C9.37Any communication, meeting, activity participation or exchange of information between users is undertaken entirely at their own risk.
C9.38Users are solely responsible for deciding whether to interact with, communicate with or meet another user.
A6 Reporting and safety reporting
C9.39Users may report other users, activities, messages or content through the reporting tools made available within the Platform.
C9.40Where a user is reported, WivMe may temporarily restrict, suspend or block that account while an investigation is conducted.
C9.41WivMe aims to review reports promptly and generally seeks to complete investigations within 24 hours, although this timeframe is not guaranteed.
C9.42Following an investigation, WivMe may remove content, issue warnings, restrict functionality, suspend accounts or terminate access to the Platform.
A7 Safety tools
C9.43The Platform may provide safety information, reporting tools and access to safety guidance.
C9.44Such tools are provided for informational purposes only and do not guarantee user safety.
C9.45If you believe that you or another person is in immediate danger, you should contact the emergency services or relevant authorities immediately rather than relying on the Platform.
A8 Payment
C9.46All payments made through the website are processed by our third-party payment services provider, Stripe Payments Europe Ltd and its affiliated entities (“Stripe”). Payments made through the App are processed through the applicable app store billing system, including Apple’s App Store for iOS users and Google Play for Android users.
C9.47By purchasing credits through the Platform, you acknowledge and agree that payment transactions are processed by Stripe, Apple or Google (as applicable) in accordance with the relevant provider’s terms, conditions and privacy policy. WivMe does not process payment card details and does not store your full payment card information..
C9.48WivMe does not act as a bank, payment institution, electronic money institution, escrow provider or custodian of funds. Any monies paid by users for the purchase of credits are processed by Stripe, Apple or Google (as applicable) and are not held by WivMe on behalf of users.
C9.49Credits are a virtual feature of the Platform only and do not constitute a stored monetary balance, deposit, electronic money or any form of financial product. Users have no right to redeem credits for cash or withdraw any amount from their WivMe account.
C9.50WivMe shall not be responsible for payment processing services provided by Stripe, Apple or Google, including any payment delays, interruptions, errors or security incidents arising from their systems or services, except to the extent required by applicable law..
A9 Credit system
C9.51The Platform operates a virtual credit system.
C9.52Credits may be acquired by:
C9.53purchasing credits through the Platform ("Purchased Credits"); or
C9.54receiving promotional credits awarded by WivMe from time to time ("Promotional Credits").
C9.55Purchased Credits and Promotional Credits will appear within a single credit balance in a user's account.
C9.56Credits:
C9.57have no monetary value;
C9.58are not redeemable for cash;
C9.59cannot be transferred or sold;
C9.60do not constitute personal property; and
C9.61may only be used within the Platform in accordance with these Terms.
C9.62WivMe may determine the number of credits required to access particular features including posting activities and applying to join activities.
A10 Credit restorations
C9.63WivMe may, in its discretion, restore credits to a user's account where:
C9.64an activity does not proceed;
C9.65no applications are received for an activity;
C9.66a technical error has occurred; or
C9.67WivMe otherwise considers a restoration appropriate.
C9.68Any restoration will be made solely by re-crediting the user's WivMe account.
C9.69Unless required by applicable law, users shall not be entitled to receive any monetary payment, cash refund or equivalent value arising from the restoration of credits.
A11 Privacy and your personal information
C9.70Protecting your personal information is important to us. Our Privacy Policy, which is available at https://www.wivmeapp.com/privacy, explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.
A12 Collection of technical information
C9.71We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the Platform. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
A13 Ownership, use and intellectual property rights
C9.72The intellectual property rights in the Platform and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platform (the ‘Content’) are owned by us and our licensors.
C9.73We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, patents, trademarks, service marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners or licensors of them and are free to use them as we see fit.
C9.74Nothing in these terms grants you any legal rights in the Platform or the Content other than as necessary for you to access it and use it. You agree not to adjust, try to circumvent or delete any notices contained in the Platform or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
A14 Acceptable use
C9.75You must not use the Platform to do any of the following things:
C9.76break the law or encourage any unlawful activity;
C9.77send or upload anything that is (or might be considered to be) defamatory, offensive, obscene, containing or representing sexually explicit images and/or discriminatory (including but not limited to, in relation to race, gender, religious beliefs, sexual orientation or disability);
C9.78infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
C9.79use it for any political, protest or any similar activity;
C9.80transmit any harmful software code such as viruses;
C9.81try to gain unauthorised access to computers, data, systems, accounts or networks; or
C9.82deliberately disrupt the operation of anyone’s website, mobile application, server or business.
C9.83WivMe reserves the right to delete any Content which is not compliant with clause A14.
C9.84Any submission you make to the Platform, including but not limited to any forums, and any other communication to users of the Platform by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, any submission or communication by you must be:
C9.85not defamatory or likely to give rise to an allegation of defamation;
C9.86not offensive, obscene, sexually explicit, discriminatory or deceptive;
C9.87unlikely to cause offence, embarrassment or be construed as, or constitute harassment to others;
C9.88factually accurate or your own genuinely held belief; and
C9.89your own original work (where applicable) and lawfully submitted.
C9.90While we use all commercially reasonable efforts to make sure that the Platform is secure and accurate, we do not actively monitor or check at all times whether information supplied to us through the Platform is factual, exact, confidential, commercially sensitive or valuable.
C9.91Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Platform will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
A15 External services
C9.92The Platform may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
C9.93We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
C9.94You must not use external services in any way that:
C9.95is inconsistent with these terms or with the terms of the external service; or
C9.96infringes our intellectual property rights, or the intellectual property rights of any third party.
C9.97From time to time, we may change or remove the external services that are made available through the Platform.
A16 Liability
C9.98Nothing in these terms shall exclude or limit WivMe’s liability for death or personal injury caused by our negligence or wilful misconduct, liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under the laws of England and Wales.
C9.99Subject to clause A16.1, WivMe shall bear no liability of any kind whatsoever for (but not limited to) any direct or indirect/consequential, foreseeable or unforeseeable, losses, costs, damages, fees, expenses, any inaccuracy or misleading information, any loss of profit, revenue, suffered by you or any third-party, relating to, in connection with, or arising from, this agreement, the WivMe’s products and services and/or the Platform.
C9.100In any case, subject to clause A16.1 and to the extent permitted under applicable law, WivMe’s total aggregate liability arising from or in connection with this agreement, the WivMe and/or the Platform (whether the liability arises because of breach of contract, tort or for any other reason) shall be limited to no more than fifty pounds sterling (£50).
C9.101Without limiting clauses A16.1–A16.3, WivMe shall not be responsible for:
C9.102The conduct of any user;
C9.103Any act or omission occurring during an activity;
C9.104Any injury, loss, damage, theft or dispute arising from participation in an activity;
C9.105Communications between users;
C9.106User-generated content; or
C9.107The cancellation, failure, quality or outcome of any activity.
A17 Ending these terms
C9.108We can end these terms and our agreement with you, if you do not comply with any part of them
C9.109We will give you a reasonable amount of notice before the terms and our agreement with you ends but if what you have done is serious then we may end our agreement with you immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the Platform or doing anything else that we think presents a big enough risk to justify us ending our agreement with you quickly.
C9.110The consequences of our agreement with you ending are as follows:
C9.111you are no longer allowed to use the Platform and we may remotely limit your access to it;
C9.112you must delete it from any devices that it has been installed on;
C9.113we may delete or suspend access to any accounts that you hold with us; and
C9.114you are not entitled to a refund to the extent you paid for the Platform or any of its features.
A18 Transferring these terms
C9.115We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
C9.116You are not allowed to transfer your rights under these terms to anyone without our prior written consent.
A19 Governing law and jurisdiction
C9.117The laws of England and Wales apply to this agreement, although if you are resident elsewhere acting in a non-professional capacity, you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.
C9.118Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.
Part B — Web App provisions
B1 Acceptance of the web terms
C9.119By visiting the Web App, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy, available at https://www.wivmeapp.com/privacy. If you do not agree to these terms, we will not allow you to use the Web App.
B2 Updates to the Web App
C9.120We may update the Web App from time to time for reasons that include fixing bugs or enhancing functionality.
C9.121Due to WivMe being a Web App, new versions are deployed to our servers automatically and you access the latest version each time you visit the Web App’s home screen. Your browser may cache parts of the Web App, so you may need to refresh the page or clear your cache to see the latest changes. We strongly recommend you use the latest version, as older cached versions may not work properly or may lack security fixes
C9.122Updates will download automatically per each time you visit the Web App.
B3 Changes to the web terms
C9.123We may need to revise these terms from time to time to reflect changes in the Web App’s functionality, to deal with a security threat or if there is a change in the law or guidance.
C9.124We may revise these terms from time to time. If we make material changes, we’ll notify you by in-app message, email or a notice when you next log in. If you do not accept the updated terms, you should stop using the app. Your continued use after the changes take effect will confirm your acceptance.
Part C — Mobile App provisions
C1 Acceptance of the mobile terms
C9.125By downloading the App, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy, available at https://www.wivmeapp.com/privacy, before you download and use the App. Only download the App if you have read the rules and agree to them. If you do not agree to these terms, we will not allow you to use the App and you should not download it. In this agreement:
C2 App Store and Google Play definitions
C9.126references to the ‘App Store’ means Apple’s App Store and we refer to their rules and policies contained in the Apple Media Services Terms and Conditions as the ‘App Store Rules’.
C9.127references to ‘Google Play’ means the app distribution platform operated by Google and known as Google Play, and we refer to Google’s terms of service (and other applicable terms) collectively as ‘Google’s Rules’.
C9.128in clauses where we use the phrase “App Store Rules or Google’s Rules (as applicable)”, we intend for the App Store Rules to apply to users who have obtained the App via the Apple App Store, and for Google’s Rules to apply to users who have obtained the App via the Google Play distribution platform.
C3 Agreement and mobile licence
C9.129These terms are an agreement made between you and us and:
C9.130Apple is not a party to this agreement and has no responsibility for the app or its content; and
C9.131Google is not a party to this agreement and has no liability under it.
C9.132We license you to download and use the App:
C9.133For iOS users, onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules
C9.134For Google Play Store users, to use the App provided you follow all of the rules described in this agreement and also Google’s rules.
C9.135The licence:
C9.136is only for you personally (and anyone else that the Apple Usage Rules or Google’s Rules (as applicable) allow), and for non-business use;
C9.137starts when you download the App; and
C9.138covers content, materials, or services accessible from, or bought in, the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept.
C9.139You must comply with the App Store Rules and Google’s Rules (as applicable) as well as these terms but, if there is any conflict between them, you should follow the App Store Rules or Google’s Rules rather than the equivalent rule here.
C9.140You do not own the App or any of its contents but you may use it on devices that you own or control, as permitted by these terms and by the App Store Rules or Google’s Rules (as applicable).
C9.141If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.
C9.142You are not allowed to:
C9.143modify the App’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
C9.144deliberately attempt to avoid or manipulate any security features included in the App; or
C9.145pretend that the App is your own or make it available for others to download or use (including by way of copying the code of the App and creating an independent version).
C4 Support and contact
C9.146We are responsible for customer service in relation to the App and can help you if you are having any issues.
C9.147For iOS users, you acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the App, although if the App is faulty, you may be able to claim a refund for paid content or services.
C9.148For Google users, you acknowledge that Google has no obligation to provide any support or maintenance services in relation to the App. Refunds may be available to you in a range of circumstances, either from Google or from us. See Google’s refund policies for more information.
C9.149If you need to get in touch with us, you can use the ‘contact us’ functionality provided in the app.
C9.150If we need to get in touch with you, we will do so by email or an in-app notification
C5 Updates to the App
C9.151We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that, we will ensure that the App still meets the description of it that was provided to you at the time you downloaded the App.
C9.152Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.
C9.153We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version that we make available.
C6 Changes to the mobile terms
C9.154We may need to revise these terms from time to time to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or guidance.
C9.155You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the App. Google users may be able to request a refund in these circumstances.
C7 Apple warranty provision
C9.156If the App fails to meet the standards required by law (including that the App is of satisfactory quality, fit for purpose and as described), please contact Apple who will provide you with a full refund of the price you paid for the App, in the event that the App was not made available for free. Apple has no other responsibility or obligation in relation to the App beyond providing a refund in the circumstances described in this clause.
C8 Failures of networks or hardware
C9.157The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App Store or Google Play (as applicable), are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty GPS signal, failing in the API with any suppliers of our Content or related features), App Store failure or failure of Google Play to function properly (as applicable) or anything else that it would not be reasonable to expect us to control.+
C9 Third parties
C9.158No one other than us or you has any right to enforce these terms, except that in the case of iOS users:
C9.159Apple and Apple’s subsidiary companies are third party beneficiaries of these terms and to this agreement. This means that if you breach any of these terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.