wOOw Terms & Conditions
Information woow May Collect on the Website
- We collect several types of information from and about you when you access and use the Website, including the following:
- Non-Personal Information. When you visit the Website, we may collect non-Personal information about you automatically as you navigate through the Website via certain Internet technology tools, including cookies, web beacons, and other tracking technologies. "Non-Personal information" we may collect includes, for example, details about how you use the Website, what Website features you access, information regarding the type of browser and operating system that you use, what website you linked from to the Website, other websites you have visited, and other similar analytic data. Non-Personal information also includes Personal or non-Personal information that has been aggregated or anonymized/deidentified in such a way that you cannot easily be identified individually. We may use third party service providers to assist us in collecting and analyzing non-Personal information or to provide advertisements or other content on the Website.
- Personal Information. We may collect Personal information: (1) when you provide it to us directly, including through forms on the Website (including, for example, when you register for our service, purchase a membership, use our services, or otherwise); (2) when you send us an email or contact us using the Help page or Live Chat; and (3) from third-party service providers who assist us in collecting and analyzing Personal information.
- The providers of third-party apps, tools, widgets and plug-ins on our Website also may use automated means to collect information regarding your interactions with these features. This information is subject to the privacy policies or notices of those providers, and Woow is not responsible for these providers' information policies.
- If you elect to post any information to publicly-accessible areas of the Website, you hereby grant to Woow a perpetual, worldwide, irrevocable, fully-paid-up, royalty-free, nonexclusive license to use, reproduce, copy, modify, publish, distribute, perform, display, and create derivative works from such information (in whole or part) for any reason whatsoever.
How We Use the Information We Collect
We use Personal and non-Personal information:
- To determine how much traffic the Website receives, to statistically analyze Website usage, to diagnose technical and service problems, to improve Website content, to customize the Website's content, layout and services, and to otherwise provide the Website to you and other users;
- To process payments and complete transactions;
- To provide you with information regarding transactions or to otherwise contact you regarding administrative notice and communications related to your use of the Website;
- To send an initial, one-time greeting, to send you notices with respect to receiving and shipping your packages, to occasionally email you notifications of any announcements at Woow, and to send newsletters or special offers to members if you have requested that service;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- To fulfill the purpose for which you provide it;
- To comply with applicable legal requirements and our policies;
- As otherwise may be disclosed at the point of collection; and
- For any other purpose with your consent.
Information Sharing and Disclosure to Third Parties
Non-Personal Information. Because non-Personal information does not identify who you are, we may share or disclose such information without restriction. For example, we may share or disclose non-Personal information with our affiliates, suppliers, employees and agents, other businesses, and the government.
Personal Information. woow may share or disclose your Personal information:
- To affiliated companies or other trusted businesses or persons who work on behalf of or with Woow. Woow may use third party service providers to host the Website or perform other Website functions, to help Woow administer our business, or to communicate with you about offers or other information relevant to your relationship with Woow. For example, we may provide your payment and financial information to third party service providers to process your payments and complete your transactions. All such third parties are subject to confidentiality obligations and are contractually obligated to maintain adequate security measures to protect your information;
- In response to subpoenas, to law enforcement or government officials for any reason, court orders, regulatory requests, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- If Woow believes it is necessary or appropriate to share information in order to investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law;
- With a potential acquirer or buyer, if Woow becomes involved in a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or any form of sale of some or all of its assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding;
- To fulfill the purpose for which you provide it
- As otherwise may be disclosed at the point of collection; and
- For any other purpose with your consent.
Links to or from Third Party Websites
■ You may have the opportunity to follow a link to other websites that may be of interest to you from this Website. Woow endeavors only to link to reputable organizations related to your areas of potential interest, but these websites may not be hosted or controlled by Woow and Woow is not responsible for the privacy practices of those websites or the content provided thereon. Please review the privacy policies and practices of those websites before following such links.
■ Our website contains affiliate marketing links, which means we may be paid commission on sales of those products or services. Woow is not responsible for those products or services or the privacy practices of those affiliates; you should contact those affiliates directly if you have questions or concerns about their privacy practices, products, or services.
■ Woow takes security measures designed to protect against unauthorized access, alteration, disclosure, or destruction of your Personal information. These measures include internal reviews of Woow's practices and security measures, including a review of Woow's encryption and physical security measures to guard against unauthorized access to systems where Woow stores Personal information. Due to the nature of the Internet and online communications, however, we cannot guarantee that any information transmitted online will remain absolutely secure or confidential, and we are not liable for the acts of third parties, such as hackers who circumvent our security and privacy measures. The security of your Personal information also depends on you. You are responsible for maintaining the confidentiality of your username, suite number, password, and other login credentials. Woow recommends that you do not share that information with third parties. We also recommend that you be careful not to post any Personal information in public areas of the Website, such as the Blog, as that information may be viewed by other users or third parties that you do not know.
■ Woow will use reasonable effort to prevent any fraudulent activity within the Woow service and will cancel any account that is found to engage in such activity. Woow requires document scans from users to verify their identity or their company license to help protect other users from fraud. Woow also prohibits using the service for multi-level marketing, pyramid schemes, receiving checks and/or money orders, and other business practices easily subject to abuse.
■ Woow reserves the right, at its sole discretion, to lower your ratings, and/or to restrict, temporarily or permanently, your access to part or all of the Woow service functionality, including, but not limited to, your ability to create new requests or take new delivery orders, when it has reasons to suspect violation of the Woow Service Terms, such as when complaints from other users are received or suspicious activity is detected. Woow has a team of moderators, as well as an automatic system set up to monitor delivery requests and user activity within Woowbd.com, and to take action when fraud or illegal activity is suspected. Woow does not guarantee that this system will operate without errors, will detect all fraudulent actions, or not detect legitimate activities as suspected fraud in error. If you find that your activity on Woowbd.com was detected as potentially illegal in error, you must report this error to Woow moderators and allow time for a full investigation to be conducted. It is solely your responsibility to prove that no fraudulent activity was conducted and no terms or laws were violated under your Woow account, and Woow reserves the right to restrict or fully disable your account if it is unable to determine with certainty that no fraud, illegal activity or breach of service terms was committed or intended. Woow is not obligated to provide explanation or prove that violation was committed, and you agree to hold Woow harmless from and against all losses, costs, liabilities, claims, damages and expenses of every kind and character, as incurred, resulting from your rating being lowered, or your account being restricted or disabled.
We are continually changing and improving the Woow Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or all of the Woow Platform with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Woow Platform, Fees (defined below) or any other aspect of the relationship between Woow and You. You should look at the Terms regularly.
Eligibility and Use of the Platform
■ Access to and use of the Woow Platform is available only to individuals who are at least 18 years old, who can form legally binding contracts under applicable law, and who properly create a valid account as explained below (valid account holders, whether Shoppers, Travelers or both, may also collectively be referred to in these Terms as “Members”). By accessing or using the Woow Platform, You represent and warrant that you are eligible to do so.
■ YOU ALSO ACKNOWLEDGE AND AGREE THAT, UNLESS WE OTHERWISE SPECIFICALLY AGREE IN WRITING, WOOWIS NOT IN THE BUSINESS OF OFFERING, SELLING, PURCHASING, OR BRINGING WOOW’DITEMS. YOU UNDERSTAND THAT BY ACCESSING THE THE WOOWPLATFORM, AND IN BECOMING A MEMBER, YOU RECEIVE ONLY THE ABILITY TO USE THE WOOWPLATFORM TO ACCESS FRIENDS WHO MAY BE INTERESTED IN BEING A SHOPPER AND/OR TRAVELER, INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO MESSAGE OTHER MEMBERS ABOUT WOOW’DITEMS. YOU ACKNOWLEDGE AND AGREE THAT WOOWIS NOT A PARTY TO ANY RELATIONSHIP OR AGREEMENT BETWEEN YOU AND ANOTHER MEMBER, AND THAT ANY SUCH RELATIONSHIP IS BETWEEN THE MEMBERS ONLY. YOU ALSO ACKNOWLEDGE AND AGREE THAT AT ALL TIMES, IT IS YOUR RESPONSIBILITY AND NOT WOOW’S RESPONSIBILITY, WHICH IS DISCLAIMED TO THE MAXIMUM EXTENT OF THE LAW, TO BE FAMILIAR WITH, TO ABIDE BY AND TO COMPLY WITH ALL RELEVANT FEDERAL, STATE, LOCAL, AND INTERNATIONAL LAWS, RULES AND REGULATIONS THAT MAY APPLY TO ANY WOOW’DITEMS OR TO ANY RELATIONSHIP BETWEEN MEMBERS.
■ Members also acknowledge and agree that they are users of the Woow Platform only, and that they are not Woow employees, joint ventures, partners, or agents whatsoever. Woow does not have the right to control and does not control Members, or the relationships between them or the subject matter of such relationships. You acknowledge and agree that, except where these Terms provide otherwise, it is the Members themselves who establish any applicable Traveler Fees. While Woow may help facilitate disputes, We have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Woow’d Item arranged between Members, (ii) the truth, accuracy or suitability of any description or any other aspect referred to by Members on the Woow Platform, (iii) the performance or conduct of any Member or third party or (iv) the legality or compliance with laws, rules, regulations, orders and decisions that may be applicable to any relationship between Members or the subject matter thereof. While we may provide information that may be helpful in assisting you to evaluate another Member, and their status in the Woow community, Woow does not endorse any particular Member or any Woow’d Item. Any reference to a Member being “Verified” (or similar language) only indicates that the Member has completed a verification or identification process and nothing else.
■ To promote the Woow Platform and to increase exposure to potential Members or their desired Woow’d Items, content from the Woow Platform may be displayed on other websites, applications, other communications (including email or SMS or other text message services), and in online and offline advertisements. To assist Members who speak other languages, content from the Woow Platform may be translated, in whole or in part, into other languages and where done so, Woow does not guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of them.
Account Registration, Member Verification and Other Member Representations And Warranties
- To access some of Our features and services, You will need to validly register for an account and to become a Member. You are only eligible to have one (1) Account at a time, and are not allowed to transfer Your account at any time to another person or entity. As indicated above, by doing so, You represent and warrant that you are over the age of eighteen (18) and are capable of entering into legally binding agreements in the relevant jurisdiction (s).
- You also represent and warrant that You will comply with any and all applicable import and export control laws or customs laws in Your local jurisdiction. You also represent and warrant that (i) neither You nor the subject of Your transaction (i.e., Woow’d Items) is the subject of a United States or other country’s embargo, or that it has been designated by the United States Government as a “terrorist supporting” country and that (ii) You are not listed on any United States Government or any other country’s list of prohibited or restricted parties.
- To create a Member account, You must create a password-protected account (“Account”). You may register for an Account using Your email and creating a password, or by using your existing third party networking accounts that are enabled by Woow now or in the future such as Google, or Facebook, Twitter or others (“Third Party Networks”), if any. You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the Woow Platform, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your Woow Account password and other information, if applicable to a Third Party Network, and You are solely responsible for all activity that occurs on or through your Account or Third Party Network created account and that You will immediately inform Woow of any suspected unauthorized use. Woow is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to Woow or third parties due to unauthorized use of Your Account.
- You acknowledge and agree that, as permitted by applicable laws, Woow may in its sole discretion, but is not obligated to, obtain reports from consumer reporting agencies or otherwise review publicly available information about Members, including sexual offender registration lists or databases compiling information about criminal convictions relating to, without limitation, crimes of violence, theft, burglary, conspiracy, abuse, neglect, fraud, dishonesty, perjury, forgery, embezzlement, cybercrimes, identity theft, drug related offense, obstruction, organized crime, prostitution, warrant violations, weapons offenses and crimes which endanger the life or property of others. By accessing or using the Woow Platform, You authorize us to use Your personal information (including name, address, date of birth or other identifying information) to obtain these reports and agree that we may, in our sole discretion suspend, cancel, block, restrict or terminate Your access to the Woow Platform based upon Our evaluation of such reports, again in our sole discretion. If we undertake an effort to verify Your background through these or other methods (which we are not obligated to do under these Terms), and choose to identify you as “Verified,” such a notation shall mean nothing other than that You completed a verification or identification process and shall not constitute an endorsement of You or any other Member to the public or to any Member.
SMS or Text Messaging(shopper/shipper/tripper)
■ By creating an Account, and becoming a Member, You agree that the we may send you text (SMS) messages as part of the normal business operation of your use of the Woow Platform. Such uses include without limitation, to provide You with information you requested from Woow or its Members, to let you know about features, functions, improvements or changes to the Platform, to facilitate Your identification of desired Members or Members who may be able willing to discuss Woow’d Items, or other aspects of your Account.
■ These text (SMS) messages may be automated or non-automated, and while Woow does not charge You to send or receive such messages, message and data rates may still apply by your carrier or other provider. You may opt-out of receiving text (SMS) messages from Us at any time by contacting our Support team. You acknowledge that opting out of receiving text (SMS) messages may impact Your use of and ability to fully use the Woow Platform.
Regardless of whether you access or use the Woow Platform with or without an account, by accessing, searching on or using the Woow Platform in any way, you agree that will not:
- Use another person’s Account, to misrepresent yourself, Your identity or qualifications or transactions;
- Violate any federal, state, local, national or international law, or any rule, regulation, tariff or duty, including customs laws or regulations that may apply to You or to Your relationship with other Members or to any Woow’d Items.
- Use any automated system including but not limited to robots, spiders, offline readers, crawlers, scrapers to access, copy, maintain or compile the Woow Platform or content thereon for any purpose without woow’s prior written approval;
- In any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Woow Platform information or content including but not limited to, use on a mirrored, competitive, or third-party site;
- Transmit more request messages through the Woow Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- Take any action that (a) may unreasonably encumber the Woow Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; © bypasses measures that are used to prevent or restrict access to the Woow Platform; (d) circumvents, disables or otherwise interferes with security features of the Woow Platform; (e) distributes viruses or any other technologies that may harm Woow or users; (f) uses the Woow Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates and fees, fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Woow Platform
- As a Member, use the Woow Platform in any manner that circumvents Your obligation to pay Woow or another Member or to bring Woow’d Items as agreed;
- “Stalk,” or harass or intimidate any other Member or user of the Woow Platform; or collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Woow Platform, or use the communication systems provided by the Woow Platform for any reason not explicitly authorized by these Terms, including but not limited to commercial solicitation purposes;
- Recruit, solicit, or contact in any form Members for employment or any other use not specifically intended by the Woow Platform;
- Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Woow Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
- Violate any Woow policies that govern or relate to Your use of the Woow Platform and interactions with You and third parties;
- Take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by Woow and which relate to Members;
- to fail to perform as agreed upon by Members;
- Engage in fraudulent conduct including but not limited to entering into a relationship with another Member to obtain and/or bring Woow’d Items with no intention of following through, offering to make prohibited money transfers or to arrange to obtain and/or bring Woow’d Items that are prohibited by applicable law at places of disembarkation, transit or embarkation or entering into any relationship fraudulently or for fraudulent purpose or to conclude your arrangement off the Woow Platform or to circumvent or evade the Woow Platform or to evade any other requirement of these Terms;
- Registering for more than one (1) Woow Account or registering for a WoowAccount on behalf of an individual other than yourself or transferring or purporting to transfer your Woow Account to any other person.
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Woow Platform; and
- Attempt to indirectly undertake or achieve any of the foregoing.
Payments-Related Representations and Warranties
■ As set forth above, except where we otherwise specifically agree in writing, Woow does not own, create, sell, offer, resell, provide, control, manage, buy, offer to buy, bring, or offer to bring or supply any Woow’d Items or any other tangible or intangible thing that You may discuss with another Member. When Shoppers and Travelers make or accept an offer to transact, they are entering into a contract with each other, and even though Woow may act as a limited payment collection agent as defined below, it is not a party to any agreement discussed or entered into between Members.
■ Woow may restrict the availability of payment services, or any aspect or feature of payment services, to perform maintenance of systems to help ensure the proper functioning of the system or to improve, enhance, modify, suspend or terminate any payment service, or to introduce new or additional services at any time, including through additional third parties. The payment-related services may contain links to certain third-party websites, applications, services or resources (“Third Party Services”). Any such Third Party Services are subject to different terms or conditions and privacy practices created or controlled by third party providers and not woow, and Members should review them carefully and independently. Woow is not responsible for or liable for the availability, accuracy, reliability or anything related to Third Party Services, including the content thereon. Links or other access to information of Third Party Service providers shall not constitute an endorsement by Woow of such providers or their services.
■ You may not use woow’s payment related services except as authorized by the laws of the United States of America, the laws of the jurisdiction where you reside, and any other applicable laws. Specifically, but not by way of limitation, woow’s payment related services may not be used to send or receive funds or currency into (i) any United States embargoed countries; (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s list of Denied Persons List or Entry List. By agreeing to these Terms, by accessing and/or using the Woow Platform, you further represent and warrant that (i) neither you nor the subject of your transaction (e.g., items, goods, products, services, tangible or intangible things) are located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) that you are not listed on any United States Government list of prohibited or restricted parties. Additionally, notwithstanding your agreement to the above relating to the laws of the United States of America and its subdivisions, localities and municipalities, you also hereby agree to comply fully with relevant export and import and customs laws in your local country and jurisdiction.
Appointment of WooW as Limited Payment Collection Agent
■ By agreeing to these Terms, and in accessing or using the Woow Platform, Travelers appoint Woow as their respective limited payment collection agent, authorized to receive and collect payments for transactions entered into between Members, including (i) Item Costs, (ii) Woow Service Fees, (iii) Traveler’s Fees, (iv) Acceleration Fees, if any, and (iv) Taxes and other Government Regulatory Fees (for example, without limitation duties, tariffs or government charges) (“Total Fees”) owed by Shoppers to Travelers as set forth in these Terms. Payments made by Shoppers to Woow in connection with an Offer shall be considered the same as a payment made directly to Travelers, and Travelers agree to provide the Woow’d Items to Shoppers in the agreed-upon manner as if the Traveler has received payment directly from Shoppers. You further agree that woow’s obligation to remit payments to Travelers is conditioned upon and extends only to sums that it has successfully received from Shoppers in accordance with the relevant agreements, and also that in accepting appointment as the limited payment collection agent, Woow assumes no liability for any acts or omissions of Shoppers or Travelers, Members or any other person. As limited payment collection agent, Woow assumes no liability or obligation for any funds or obligations owed by Shoppers that were not collected by Woow in its role under this Paragraph.
■ Each Shopper and Traveler acknowledges and agrees that, notwithstanding the fact that Woow is not a party to the agreement between Travelers and Shoppers, Woow acts as the Travelers payment collection agent for the limited purpose of accepting collection from Shoppers on behalf of the Traveler. Upon Shoppers' remittance to woow, Shoppers' payment obligation to the Traveler for agreed upon amounts is extinguished, and Woow is responsible for remitting funds collected to Travelers in the agreed upon manner. In the event that Woow does not remit such amounts, Travelers' recourse is only against woow, and not Shoppers directly.
■ If any Member does not make a payment properly, or if Woow cannot properly charge a payment method on file with it, or any other payment method for any reason, Woow expressly reserves all rights under applicable law to recover payment as well as all of its costs and expenses incurred, including reasonable attorneys' or other professionals' fees, in pursuing such payment (s).
Transactions between Shoppers and Trippers on woow
■ Woow strives to make the Woow Platform useful, simple and efficient. Woow Shoppers located globally may gain access to friends who have better availability to Woow’d Items in other markets who may be fully willing to bring these items to their Woow friends and colleagues. At the same time, Woow enables Travelers to help their friends and community, and may even help them defray the time and expense of their travel to see and help their global Woowfriends. Through the Woow Platform, Woow helps to bring diverse groups of people together, and hopefully, to minimize the differences and divisions that can accumulate over time, geographical distance and cultures.
■ As set forth more fully below, in a typical transaction facilitated on the Woow Platform, the Shopper publishes an invitation called a “Shopper Request” which identifies desired Woow’d Items. Interested Travelers or Travelers matched by the Woow Platform, may then make offers to bring Woow’d Items on terms expressed between Members in a “Traveler’s Offer.” When agreed upon, execution of the “Shopper’s Acceptance, fixes the final and binding agreement between the Members.
The Shopper Request
■ After finding an Item of interest, Shoppers must create a valid Shopper’s Request. The Shopper’s Request is made when the Shopper uses the Woow Platform submission tool to (i) describe the item specifically including the price; (ii) to add the location (City and Country) where the Shopper is or where they want the Woow’d Items brought, and (iii) to add the desired receipt date. Woow advises Shoppers to be as specific as possible, and provides a place to “Include a Note to Your Traveler” to help ensure that a Traveler obtains and brings only the desired item. Shoppers shall not request Prohibited Woow’d Items.
Prohibited Woow’d Items
Woow Shoppers expressly agree not to use the Woow Platform or to request that a Traveler obtain or bring any item that is prohibited under the laws of the United States and/or its subdivisions, or of any international laws or laws of any local jurisdiction applicable to Members, goods, transit or destination. It is the responsibility of both the Shopper (and not woowr) to refrain from requesting or bringing any Item that is prohibited either by the jurisdiction of disembarkation, transit or embarkation. Prohibited items include, but are not limited, to:
- Hazardous Materials as defined by the United States Environmental Protection Agency (EPA) the United States Occupational Safety and Health Administration (OSHA), the United States Department of Transportation (USDOT), the United States Nuclear Regulatory Commission (NRC) or by the United States Department of Commerce (DOC), United States Customs and Borders Protection (CBP), United States Department of Homeland Security or similar agencies, national, state and local.
- Counterfeit goods
- Stolen property
- Live animals
- Firearms, ammunition, explosives or chemicals
- Human remains
- Pornography or obscene materials
- Illegal drugs or regulated drugs (prescription) in violation of law
- Any product or item related to illegal activities, such as the production of illegal drugs
- Any item that is prohibited by law in the place of origin, destination or any jurisdiction of transit through between origin and destination
- Aerosols or any flammable materials
- Knives, batons or other weapons
- Certain agricultural products
- Woow’d Items imported into the United States without a customs declaration where one was required.
Woow recommends that Shoppers and Travelers consult their respective government agencies which regulate items that may and may not be brought into or out of a country of origin, such as lists maintained by the United States Transportation Security Agency, (TSA). All travel from the United States, and packing related thereto, shall comply with all applicable TSA Rules.
Suggested Traveler Fees
When the Shopper creates a Shopper’s Request, the Woow Platform may auto-calculate a suggested, optimal Traveler Fee, for illustrative purposes in planning the Shopper’s transaction. As explained below in the section “Fees,” the actual Traveler Fee on any given transaction is set entirely by the Traveler and may be more than, or less than the suggested Traveler Fee.
The Travelers Offer
■ To assist Members to locate and communicate with each other, including potentially dates upon which Members can meet in person, The Woow Platform allows Travelers to enter the details of upcoming travel dates, and to browse published Shopper’s Requests made by their Woow friends. Travelers can indicate their preference to be notified of upcoming Shoppers' Requests that may correspond to their planned trips, or trips that they may be willing to take.
■ Upon finding a suitable Shopper’s Request, Traveler must submit a “Traveler’s Offer”. The Traveler’s Offer must contain and describe each component of the Total Fees:
The following components that make up the Total Fees must be contained in, and fully described in the Traveler’s Offer. When Accepted, the Traveler’s Offer establishes the final and total amounts to which the Shopper agrees.
- Woow’d Item Cost: Although a Shopper may specify a price in the Request, the actual Woow’d Item Cost shall be the amount specified by the Traveler in the Offer;
- Service Fee: This is as service fee charged by and retained by Woow for the use of its Woow Platform by Shoppers and Travelers. Service Fees are collected by Woow from Shoppers and deducted from remaining amounts remitted to Travelers by Woow as the Traveler’s limited payment collection agent as described above. Service Fees are non-refundable.
- Traveler’s Fee: The Traveler’s Fee is the amount Shoppers agree to give to their Traveler friends for helping the Shopper. As set forth above, Woow may estimate a Traveler’s Fee for planning purposes, but the actual Traveler’s Fee is set by the Traveler in the Offer. The Service Fee and Traveler’s Fee may collectively be referred to by Woow as the “Platform Fees).”
- Acceleration Fee: The Expedited Fee, if any, may be added to Woow’d Items with the consent of both Shopper and Traveler to accelerate the time in which Travelers may obtain and bring Woow’d Items.
- Applicable Taxes: Woow may auto-calculate an estimate of sales and other taxes associated with the Traveler’s Offer. Woow always separately states the Applicable Taxes from the Item Cost, and the Platform Fees.
- All government fees, tariffs and duties are the responsibility of the Traveler and Traveler is required to make sure that the Shopper is aware of such fees prior to accepting the offer.
Import Restrictions and Charges
It is the sole responsibility of the Travelers to be familiar with, to specify, and to include in the Traveler’s Offer. Although not exhaustive, Woow may provide links to certain government and third party sites where Members can find out more information about their travel destinations and rules and regulations applicable to their travel, including:Country Information from U.S. State Dept.--Bureau of Consular Affairs
Customs Duty Information from U.S. Customs and Border Protection
Country Information from Int’l Air Transport Ass’n
U.S. Customs and Border Protection Form 6059B
When the Shopper and Traveler have agreed to all aspects, including applicable timing and Total Fees, the Shopper must agree to the Traveler’s Offer, in what we call the “Shopper’s Acceptance.” The Shopper’s Acceptance is a agreement on all material terms between a Shopper and Traveler, under which they agree to be bound to each other to in the manner agreed.
Ownership, Acceptance, Risk of Loss and Insurance
■ Members acknowledge and agree that except where prohibited by applicable law or otherwise agreed to by Members, it is the Travelers, and not Shoppers, who own Woow’d Items and must maintain for presentment all original receipts evidencing such ownership. Members also acknowledge and agree that to the maximum extent allowed by law, the risk of loss remains with the Traveler unless and until the Traveler has completed all of the obligations under his or her agreement with the Shopper, which includes bringing the items as agreed.
■ Woow recommends that Shoppers and Travelers procure their own insurance to cover the cost and expenses relating to a woow. Woow may, but is not obligated to recommend or to offer links where Shoppers and/or Traveler’s may procure insurance relating to their woow
Acceptance of Woow’d Items
The Shopper and Travelers must agree at the time the Shopper’s Request is accepted by the Traveler on a specific time period for acceptance of the Woow’d items. Travelers shall bear the responsibility to identify an acceptable safe and public place to meet with their Shoppers for the purpose of inspection and exchange of goods. The time for delivery can be extended only by written agreement between the Shooper and Traveler on the Woow Platform, or by Woow. Unless the parties otherwise agree in writing, it is the Shopper’s obligation to inspect and accept the Woow’d items at the time of delivery, and the agreement between the parties is deemed complete at the time of acceptance regardless of whether the Shopper shows up to inspect and accept Woow’d items. Unless the Traveler and Shopper have agreed otherwise in writing, if the goods are not made available for delivery and acceptance within five (5) days of the delivery date, and the Shopper has not inspected and accepted the Woow’d Items, the Shopper’s Payment Method will be charged and the amounts released to the Traveler. The only permissible method to extend the delivery, inspection and acceptance periods agreed to by the Shopper and Traveler is written communication between the parties on the Woow Platform or through notification by Woow through the Woow Platform.
Rejection and Refunds
Shoppers may refuse to accept the woow items only if the Traveler has brought incorrect goods (for example, specifications which differ from the agreement between the parties, in terms of brand, color, style, size, etc.) or the condition of the woow’s items is other than that agreed to between the parties (for example, damaged or used items or otherwise not in the condition represented). Shoppers may not refuse acceptance of woow items because they changed their mind about the transaction, or through an attempt to renegotiate the price of the items or because they have found the items elsewhere. Shoppers agree that woow, in its sole discretion, may determine whether the reason for rejection is acceptable under applicable policies and if Woow determines the rejection is impermissible or unauthorized, Shoppers agree that their Payment Method may be charge and the transaction completed as agreed to by the parties. Except as set forth above, in instances where the Shopper fails to appear for inspection and acceptance within five (5) days of the delivery date, Shoppers are required to confirm inspection and acceptance of Woow’ditems in the Woow messaging on the Platform in order to release funds to Travelers.
Instant woow(shoppers and trippers)
■ In woow’d sole discretion, it may offer Shoppers and Travelers the option to request, pay for and perform an “Instant woow” where Members can agree to all relevant terms up front without negotiation. With Instant woow, when enabled, the Shopper Requests woow’d Items, and agrees that his or her chosen payment method will be charged for the full amount of Total Fees upon the Traveler’s Acceptance. With Instant woow, the Shopper, and not the Traveler, establishes or confirms all components of the Total Fees at the time of the Shopper’s Offer, including the Item Cost, the Service Fee, the Traveler’s Fee, the Acceleration Fee (if applicable), the Applicable Taxes. All Total Fees are established when the Shopper makes the offer and the Shopper’s payment method is charged at the time of the Traveler’s acceptance.
■ Travelers who wish to perform an Instant woow can select one or more Instant woow that correspond to their chosen or preferred travel, and agree that they will receive only the amounts specified in the Shopper’s Instant woow Offer. For example, a Traveler accepting an Instant woow will not be able to adjust the Item Cost or the suggested Traveler Fees when an Instant woow is accepted by the Traveler. Shoppers remain responsible at all times for paying the Total Fees, including the non-refundable Service Fee, as specified in the Instant woow.
■ Woow may offer alternative options for the timing and manner of payment for Woow’d Items, in its sole discretion.
■ If Woow is unable to collect any amounts due from Shoppers under these Terms via the chosen payment method, Shopper authorize Woow to charge any other payment method on file with Woow(unless any have been previously removed or the authorization to charge them has been previously rescinded). Shopper’s also expressly authorize Woow to recover any costs and expenses it incurs in collecting any Total Fees not paid or collected via your chosen payment method that remain due and owing. Woow is not responsible for any fees or charges that a third party payment processor may impose when payment methods are charged or disputed, and disclaims all such liability.
■ All information and material on our Platform, other than User Content, is either owned by Woow or is licensed by the respective owners. You are not allowed to use these materials except as we permit You to do so in writing. The trademarks and service marks Woow and the associated logo and graphics are owned by Woow protected by copyright, trademark and other laws of the United States, foreign countries and international conventions. Any other marks are the property of their respective owners. You agree that you recognize our rights and the rights of third parties in their respective marks and that You may not copy, use or other exploit them except as permitted in writing. We retain ownership of all of our intellectual property rights and You have no rights to our intellectual property or rights in intellectual property.
■ Subject to Your continued compliance with these Terms, and in Our sole discretion, Woow grants You a limited, non-exclusive, revocable, royalty-fee, fully paid up, nontransferable, and non-sublicense able license to reproduce and display content from the Woow Platform (excluding any software source code) only in connection with Your access to and participation in the Woow Platform for Your personal and non-commercial use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, sell, perform or display content, except as expressly permitted in the Terms. No other licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Woow or its licensors.
We hope you enjoy using the Woow Platform and find it invaluable. There are certain things that we do not and cannot promise.
■ YOUR USE OF THE WOOWPLATFORM SHALL BE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WOOWDOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON TO (A) MONITOR OR REVIEW OR EDIT USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER OR OTHER PERSON BOUND BY THESE TERMS
■ THE WOOWPLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WOOWAND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
■ WOOWAND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE WOOWPLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE WOOWPLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WOOWPLATFORM WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FACILITATED THROUGH THE WOOWPLATFORM WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE, APPLICATIONS OR CODE WILL BE CORRECTED.
■ ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WOOWPLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
■ YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE WOOWPLATFORM AND WITH THIRD PARTIES WITH WHOM YOU INTERACT WITH OR COMMUNICATE WITH AS A RESULT OF YOUR USE OR ACCESS OF THE WOOWPLATFORM. YOU UNDERSTAND THAT WOOWDOES NOT UNDERTAKE TO VERIFY THE ACCURACY OF OR STATEMENTS OF MEMBERS OR THIRD PARTY USERS OF THE WOOWPLATFORM OR TO VERIFY ANY ITEMS THAT MAY BE THE SUBJECT OF A RELATIONSHIP FACILITATED BY THE WOOWPLATFORM.
■ YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ACTING UPON THE ADVICE OR DIRECTION OF WOOWOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSORS, NONE OF WHOM ADVISE OR DIRECT YOU OR YOUR COMMUNICATIONS OR YOUR TRANSACTIONS WITH MEMBERS OR THIRD PARTIES, INCLUDING BUT NOT LIMITED TO LEGALITY OF YOUR TRANSACTIONS. ITEMS, COMMUNICATIONS, TAXES, DUTIES, FEES OR OTHER CHARGES, OR GOVERNMENT OR CUSTOMS OFFICIALS OF ANY COUNTRY RELEVANT TO ANY TRANSACTION ATTEMPTED, CONTEMPLATED OR COMPLETED BY YOU OR BETWEEN MEMBERS FACILITATED BY THE WOOWPLATFORM. YOU ALONE ARE RESPONSIBLE FOR ANY STATEMENT MADE TO ANY GOVERNMENT OFFICIAL REGARDING ANY TRANSACTION ATTEMPTED, CONTEMPLATED OR COMPLETED BY YOU OR BETWEEN MEMBERS THAT IS FACILITATED BY THE WOOWPLATFORM, INCLUDING BUT NOT LIMITED TO, THAT YOUR TRANSACTION IS IN FULL COMPLIANCE WITH LOCAL LAWS THAT MAY APPLY TO SUCH TRANSACTION AND REMAIN AT ALL TIMES SOLELY RESPONSIBLE FOR ANY TAXES, FEES, DUTIES, IMPORT OR EXPORT CHARGES, FINES, PENALTIES, INTEREST OF PAYMENTS OF ANY KIND RELATING TO YOUR TRANSACTIONS.
■ NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WOOWOR THROUGH OR FROM THE WOOWPLATFORM, SOFTWARE OR CODE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
■ WHERE PERMITTED, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WOOWPLATFORM, OR TO THE RELATIONSHIP BETWEEN YOU AND WOOWOR BETWEEN YOU AND OTHER MEMBERS, REMAINS WITH YOU AND NEITHER WOOWNOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS, AGENTS, AND LICENSORS WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA OR FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY OR EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, CLAIM FOR RELIEF OR ALLEGED THEORY OF RECOVERY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
■ TO THE MAXIMUM EXTENT OF THE LAW, THE TOTAL LIABILITY OF WOOW, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS AND AUTHORIZED AGENTS FOR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP BETWEEN US, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE ACCESS OR USER OF THE WOOWPLATFORM IN THE SIX MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM OR IF NO SUM WAS CHARGED, THEN THE SUM OF ONE HUNDRED FIFTY DOLLARS ($150).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS CONTAINED IN THE WARRANTIES OR LIMITATIONS OF LIABILITY PARAGRAPHS IMMEDIATELY ABOVE MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Woow and its affiliates and subsidiaries, and their respective officers, directors, investors, employees and agents, harmless from and against any claims, liabilities, damages, losses, injuries, and expenses, including without limitation reasonable legal and professional fees, arising out of or in any way connected with (a) Your access to or use of the Woow Platform or Your violation of these Terms; (b) Your User Content; © Your interaction with any other Member, Shopper, Traveler or Third Party or other user of the Woow Platform or (iv) any Request, Offer, Acceptance or any other transaction (including but not limited to any injuries, losses, damages (direct, indirect, consequential or otherwise) of any kind between You and Members.
Attributions and Class Action Waiver
Please Read this Section Carefully. It Affects Your Legal Rights, Including Your Right to File a Lawsuit In Court.
■ You and Woow agree that these Terms affect interstate commerce and that the Federal Arbitration Act, governs the interpretation and enforcement of these arbitration provisions.
■ The term “Dispute” means any dispute, claim or controversy between us that arises out of this agreement, or the use of the Woow platform, or the relationship between us, regardless of legal theory and includes claims that accrued before the date You entered into this agreement as well as claims relating to the interpretation, validity, enforcement or scope of the agreement to arbitrate disputes contained in this Section. The term “Dispute” is to be interpreted in the broadest sense allowed by law. The only disputes excluded from this broad provision are claims that can be resolved in Small Claims Court and certain intellectual property claims, as provided below.
By agreeing to these Terms, You agree to resolve any and all disputes with Woow as follows:
■ Initial Dispute Resolution: Most disputes can be resolved without resort to arbitration or litigation. You can reach woow’s support department by sending request here. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to resolve all disputes in good faith negotiations between them, which both agree is a precondition to either initiating an arbitration or lawsuit.
Starting Arbitration. start an arbitration, You must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages You seek to recover (You may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two You and Woow each understands that, absent the mandatory arbitration provision in this Section, they would have the right to sue in court and have a jury trial. You also acknowledge that You are giving up the right to a jury trial and understand that the costs of arbitration and right to pre-trial discovery is more limited than many courts permit.
Location of Arbitration. We both agree that arbitration between Woow and Providers shall take place in the City and County of San Francisco.
Class Action Waiver: Providers and Woow each agrees that any and all arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis or any other representative basis. YOU AND WOOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding Your and woow’s decision to resolve all disputes through mandatory arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the United States Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Survival. This Arbitration and Class Action Waiver section will not be affected by any termination of Your Account or the Woow Platform and will survive termination of the relationship between you and woow.
We respect and expect Providers and Parents to respect copyright law. Where warranted, we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information.
Third Party Sites
The Woow Platform may contain links or connections to third party websites or services that we do not control. You accept the risk of accessing such sites and agree that we are not responsible for any associated risks. We are not responsible for and assume no risk associated with any third party sites or content.
You may be able to disable cookies or other tracking technologies through which we collect information about you by adjusting your browser preferences on your computer; however, doing so may limit your ability to take advantage of all of the features of the Website.
Entire Agreement. These Terms constitute the entire agreement between you and Woow and governs your use of the Woow Platform, superseding any prior version of these Terms between you and Woow with respect to the Woow Platform.Additional Terms. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Woow rendered services. Choice of Law and Forum. You and Woow each agree that the Terms and the relationship between You and Woow or between You and any Member or third party shall be exclusively governed by the substantive laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between You and woow, to the extent not required to be filed in arbitration as provided in these Terms, shall be brought exclusively in the courts located in San Francisco County California or the United States District Court for the Northern District of California. You and Woow agree to submit to the personal jurisdiction of the courts located within San Francisco County or the Northern District of California, San Francisco Division, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts, to venue in such courts and waive all claims of inconvenient forum. Waiver and Severability of Terms. The failure of Woow to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that Your Woow Account is non-transferable and any rights to Your Woow Account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Woow Platform or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect. Woow Assignment. Woow may freely assign the Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.
- Woow accepts the goods herein described as apparent in order (except as noted). In tendering the shipment, shipper agrees with the terms and conditions of this contact, and those terms and conditions set forth as most recent woow’s standard trading conditions, each of which will be deemed to be incorporated in and to be a condition of any agreement whether written, oral or implied by the woow. Woow’s standard trading conditions are available for inspection at any woow’s office and are hereby expressly incorporated by reference. No agent, employee or representative of Bangladesh office “Cargo Management” has authority to alter modify or waive any provision of these conditions or said Standard Trading Conditions. The invalidity of any provision of this contract shall not affect any other part hereof.
- Woow will only carry goods which are the property of the Shipper and the Shipper warrants that it is agreed to accept these conditions not only on its behalf but also on behalf of all other persons who are or who may thereafter become interested in the goods. The Shipper hereby undertakes to indemnify Cargo Management against any damages, loss, cost and expenses resulting from any breach of this warranty.
WOOW shall not be liable for any loss, damage or non-delivery which not caused by its own negligence; alternatively any loss, damage non-delivery caused by the following reason.
- The act, default or omission of the Shipper, Consignee, or any other party who claims any interest in the shipment AND the nature of the shipment or any defect, characteristic, or inherent vice thereof.
- Act of God, perils of the air, public enemies, public authorities acting with actual or apparent authority of law, or omissions of customs or quarantine officials, riot, strikes, civil commotions, hazards incident to a state of war, weather conditions, or delay of aircraft or other vehicles used in providing transportation services.
- Acts or omissions of any Carrier or other entity or person to whom a shipment is tendered by Woow for transportation, regardless of whether the Shipper requested or had knowledge of such third party delivery arrangement.
- While Woow will endeavor to exercise its best efforts to provide an expeditious delivery in accordance with regular delivery schedules; however Woow will not be under any circumstances, be liable for delay in pick-up transportation or delivery of any shipment, regardless of the cause of the delay.
- All complaints related to loss, damage or non-delivery of a parcel must be made at the time when customers will collect goods from the collection point, thereafter no complaint will be accepted, as such no action will be taken in relation to loss, damage and non-delivery of parcel.
- Because of the nature of the service woow liability for Courier shipments is limited to the actual amount of the losses are variable up to £60.00 how everever less is. If a liability limitation is required in excess of £60.00 Woow requires the shipper to give prior notice in order for Woow to make alternative arrangements as provided for in Article 7 set forth below. If any parcel collected via third party courier service custom must have to declare the goods. The value of each parcel must not exceed £150.00 and weight of each parcel not exceeds 30KG and collection charge will be applied as authorized by woow. During collection period if parcel lost or damaged customer will not be entitled to claim not more than actual value of parcel and where more value of each parcel customer is required to declare the value of each parcel and additional charge will be applied to protect parcels as well as to cover the declare valued.
- At the request of the Shipper and upon payment of additional charge therefore Woow will arrange insurance on behalf of the Shipper. The insurance coverage shall be governed by all of the terms and conditions contained in the policy of insurance issued by the insurance carrier. Woow shall in no event be responsible for said coverage or insurance carrier. Consequential damages and loss or damage resulting from delays in transportation are not covered by any such policy of insurance.
- Woow is authorized (but shall be under no obligation) to advance any duties, taxes, or charges, and to make any disbursements with respect to the goods; the Shipper, Owner, and Consignee shall not be under any obligation to incur any expense or to make any advance in connection with the Shipment, including forwarding or re forwarding of the goods except against repayment by the Shipper. If it is necessary to make customs entry of the goods at any place, the customs Consignee, or, if no such person were named, to the Carrier carrying the goods to such place or to such customs Consignee, if any, as such Carrier may designate. The Shipper guarantees payment of all charges and advances. If any item is not declared an additional charge will be applied during collection point. Moreover, if any prohibited items, suspicious or restrictions of goods are stopped by customs clearing officer woow will not be responsible for that.
- Woow shall have a lien on the goods for all freight charges, customs duties, advances or charges of any kind arising out of this contract of carriage and may refuse to surrender possession of the goods until such charges are paid.
- Damage or shortage must be reported in writing to Woow or its agent during collection point and the shipment is placed at the disposal of the person entitled to delivery of the shipment, or in the event of non-delivery or claim within fourteen (14) days from the date of issue of the air waybill/shipping invoice. Woow must receive all claims from collection point from the date of the collection date. Notwithstanding any of the foregoing, no claim for damage, shortage, or non-delivery will be entertained until all transportations charges are paid.
- Woow does not accept hazardous, combustible or explosive materials, precious metals or stone in any form, negotiable securities, negotiable instruments, currency, un cancelled postage or revenue stamps, cashier cheques, passport, identity card, livestock or plants, or any perishable commodity, and in the event that any Shipper should tender such items to woow , the Shipper shall indemnify Woow for all claims, damages and expenses arising in connection therewith and Woow shall have the right to deal with such items as it shall see fit, including the right to abandon Carriage of the same immediately upon having knowledge that such items have been tendered.
- Except as otherwise specifically provided in this contract, delivery of the goods will be made only to the Consignee’s named on the face hereof. Notice of arrival of the goods, where required, will in the absence of other instructions be sent to the Consignee or the person to be notified by ordinary methods – Woow is not liable for non-receipt or delay in receipt of such notice.
- Woow assumes no obligation to forward the goods by any specified Carrier or any particular route or to make connection at any point according to any particular schedule. Woow is hereby authorized to select or deviate from, the routes of shipment, not with standing that the same may be stated on the face hereof.
- The Shipper warrants that the shipment is packed to protect the enclosed goods and to insure safe transportation with ordinary care in handling and that each package is appropriately labeled and is in good order for Carriage. All shipments may, be opened and inspected.
- The Shipper shall with all applicable laws, customs and other government regulations of any country to, from, through or over which the goods may be carried, including those relating to the packing, carriage or delivery of the goods, and shall furnish such documents as may be necessary to comply with such laws and regulations. Woow is not liable to the Shipper or any other person for loss or expense due to Shippers failure to comply with this provision.
- Shipper agrees that Woow may accept the Air bill as a Shippers letter of instructions, authorizing Woow to act as Shipper’s agent for export control and customs purposes. Woow assumes no liability whatsoever for failure to act as Shippers agent as provided in this article.
■ These conditions of contract, and any interpretation or dispute arising there from, shall be made in accordance with, and shall be within the exclusive jurisdiction of the laws and courts respectively of the USA
If you have any questions, comments, or concerns regarding these terms or the Woow Platform, please contact
USA OFFICE : wOOw Corporation Ltd.
7204 Hazel Ave, Upper Darby, PA 19082
Tel : +1 (267) 844-5778
Email : [email protected]