Terms and Conditions

Please read these Terms of Service (“Terms”) carefully before using our website, www.WOWsUP.net (the “Site”). These Terms govern your use of the Site, and are a legally enforceable contract between WOWsUP, WOWsUP UK LLC, WOWsUP Qatar LLC (“WOWsUP” or “we”) and you. If you don’t agree with these Terms, please do not use the Site.

We may make changes to these Terms at any time by posting them to the Site. Any changes will be effective at the time of posting.

Accounts

In order to use certain services on the Site, you will need to create an account. All the information you provide when you create your account must be true, accurate, current and complete. You are responsible for all activity in your account, so please secure and protect your login information and password.

Offers

You will find third party coupons, deals, advertisements and other offers on the Site (“Offers”). Offers are for products and services provided by third parties (“Sellers”), and if you choose to accept an Offer, the transaction will be between you and the Seller. WOWsUP has affiliate relationships with certain Sellers, and may receive compensation for your purchase from these Sellers. WOWsUP is not a party to, or in any way responsible for your transaction with a Seller, including when we have an affiliate relationship with Seller. We are not responsible for fulfilling any Offers.

Before you purchase a product or service or otherwise accept an Offer, please read the entire description of the Offer, including the fine print and any additional terms and conditions set forth on the Seller’s website. You are responsible for understanding what you are buying and for following the Seller’s instructions. The terms and conditions of Offers, including refund and cancellation policies, are governed by the Seller’s policies, not ours. Please contact the Seller directly for questions regarding the Offer or your transaction with Seller.

Giveaways, Promotions and Offers

Our terms and conditions for giveaways, promotions and offers can be found here: http://WOWsUP.net

Indemnity

You will indemnify, defend, and hold harmless WOWsUP, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives and the other users of our services (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entity in any way arising out of or relating to these Terms, your use of the Site and our services and your User Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claim.

Disclaimers

WOWsUP is not a party to the transactions between you and a Seller. We do not control the products or services associated with Offers, including their availability or Seller’s right to sell them. We do not guarantee the truth or accuracy of the Offers.

We provide the Site and all services “as is” and “as available” without any warranties, whether express, implied or statutory. We disclaim any implied warranties, including warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. The Covered Entities do not make any representation as to the potential revenues or other benefits you may realize by using the Site and our services.

The Site contains links to third-party websites, apps and other online properties that are not owned or controlled by WOWsUP. We do not endorse or assume any responsibility for any such third-party properties. If you access a third party website, app or other property, you do so at your own risk and you agree that WOWsUP will have no liability arising from your use of any such properties.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Covered Entities shall not be liable for any direct, consequential, incidental, indirect, special, punitive or other damages (including but not limited to lost profits, business interruption or loss of business information) arising out of or related to these Terms or the use of or inability to use the Site and any of our services, even if we have been advised of the possibility of such damages.

Miscellaneous

• These Terms incorporate any policy that is posted on the Site, including our Privacy Policy, our Acceptable Use Policy (Rules) and our Terms and Conditions for WOWsUP Giveaways, Promotions and Offers.
• We will be entitled to recover all costs, including attorneys’ fees that we incur in order to enforce these Terms.
• Any notices required or permitted by these Terms (other than legal process) may be given by email with the proviso that we will email your account address and you will email us at legal@wowsup.net. Email notices will be deemed effective 24 hours after the time of sending. Mailed notices will be deemed effective three calendar days after the date of mailing.
• You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Site and our other services.
• You cannot assign your rights under these Terms without our written consent. We can assign our rights and obligations to any entity or entities that agree to be bound by these terms.
• These Terms and your use of the Site is governed by the laws of England and Wales.
• The parties will resolve any disputes in the courts of England and Wales, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. Notwithstanding our right to change these Terms (as described at the top of this page), we may not contravene our obligation to arbitrate any claim that arose prior to the change in the Terms.
• Any claim (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.
• The Terms (including all policies incorporated by reference) are the entire agreement between you and WOWsUP. They replace any other agreement between us on this subject. If any provision of these Terms is deemed invalid, then that provision will be revised, limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver will be effective unless it is described in an explicit writing and signed by WOWsUP.

Your Content

You may post content, including photos, comments, links, and other materials on the Site, including Offers. Anything that you post or otherwise make available on the Site is referred to as “User Content.” When you post User Content, you represent and warrant that you have all rights necessary to do so, including but not limited to, having sufficient intellectual property rights in the User Content, and that to the best of your knowledge, the User Content complies with all applicable laws.

Aside from the limited license described below, you retain all rights in the User Content. You grant WOWsUP, its affiliates and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, store, display, reproduce, publish, transmit, modify, create derivative works, perform, and distribute your User Content on the Site, any other WOWsUP websites and applications, and on third party sites (e.g., under our account with a social networking site). Nothing in these Terms shall restrict other legal rights WOWsUP may have to User Content. We are not obligated to review or monitor User Content but we reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

We do not guarantee how quickly your User Content will appear on the Site or how and where it will appear. We reserve the exclusive right to describe, categorize and place Offers in our sole discretion.

Following termination or deactivation of your account, we will retain and use your account information and any User Content in accord with these Terms and our Privacy Policy (found at http://WOWsUP.net)

We value hearing from you, and are always interested in learning about ways we can improve the Site. If you choose to submit comments, ideas or feedback, you agree that we may use them without restriction and without any compensation, attribution or accounting to you.

Your Obligations

In addition to your other responsibilities under these Terms, you must comply with the following:

• You must be a company representative authorized to form a binding contract in order to upload your promotions and open an account on the Site. You may not use our uploading services if your company is not authorized in your home jurisdiction to sell the products or services that you intend to offer on the Site.
• You may not use our uploading services to display promotions if such display is in violation of any laws that apply to your company. WOWsUP is not liable if you, your company, your agents or any third party you employ for that purpose have used the Site in violation of the laws that apply to your company.
• You may only open one account. Any additional accounts created without the express written permission of a WOWsUP’ administrator will be banned and/or closed.
• You must abide by all applicable laws and refrain from violating any third party rights.
• You must comply with all policies posted on the Site.
• You must have all necessary rights to any User Content you post on the Site, including intellectual property rights.
• You may not transfer your WOWsUP account to another person without our written consent. Accounts that have been terminated for failing to comply with these Terms may not be reopened under another name.
• You may not use the Site to collect information about other users, such as email addresses, and you may not distribute or post spam, send unsolicited communications or circulate bulk emails.
• You must provide accurate and honest information to us at all times, including in your User Content.
• You may not post User Content that is misleading, deceitful or illegal, or that encourages Users to visit a website or complete a transaction that is illegal.
• You must comply with our Acceptable Use Policy (Rules) (found at http://WOWsUP.net)
• Your Offers may only include products or services that fall within the categories shown on the Site.

WOWsUP has the right to remove a promotions on display, without your written consent or notification and without any indemnification whatsoever, if all or part of the Acceptable Use Policy (Rules) or Privacy Policy is not complied with.

Our Content and Proprietary Rights

You may not copy, repurpose or distribute content found on the Site, including Offers, for any purpose, without our express written permission. For example, you may not copy our Offers onto any website or app. The use of our content for commercial purposes is forbidden unless you have our express written permission.

WOWsUp or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Site. Except as set forth in these Terms, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. We reserve all rights not granted under these Terms.

Infringement

We respect intellectual property rights, and expect our users to do the same. If you believe that your intellectual property rights have been violated, please inform us by following the instructions found here: http://WOWsUP.net

Suspension and Termination

We may suspend or terminate your account for any reason or no reason. Possible reasons for suspending or terminating an account include if you violate the Terms, cause liability to other users of the Site or do not use your account.

Contact Information

We may contact you using the contact information you provide us, including by email, phone or your mailing address. We may need to contact you about your use of the Site or your account, or to provide announcements about the Site. We also may contact you to provide you with promotional offers and other marketing. If you wish to opt out of marketing emails, please send an opt out request to unsubscribe@wowsup.net or click on the unsubscribe link at the bottom of such emails.

We comply with all applicable laws and regulations on sending e-mails, including the CAN-SPAM Act.